On the uses of interpretive 'charity' : some notes on application, avoidance, equality and objective unconstitutionality from the 2007 term of the Constitutional Court of South Africa : lead essay / response

Abstract

To hear Stu Woolman tell it, disturbing lapses and weaknesses - an apparent 'lack of analytical rigour' suggesting what could be a 'penchant for outcome-based decision-making' - have been showing up recently in the work of a Constitutional Court whose prior record of performance has deservedly garnered widespread applause. Woolman cites as evidence three decisions from the Court's work in the year 2007: Barkhuizen, Masiya, and NM, and suggests that his reactions to these decisions are widely shared among South Africa's well-informed Court-followers. He makes a worthy, illuminating, formidable case, one that the Court would do well to consult and ponder.