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Glenister v President (2008)
South African legal case / From Wikipedia, the free encyclopedia
This article is about the decision known as Glenister I. For other cases of the same name, see Glenister v President.
Glenister v President of the Republic of South Africa and Others, often known as Glenister I, is a 2008 decision of the Constitutional Court of South Africa on the separation of powers and the scope of judicial review. The Constitutional Court unanimously dismissed an application by businessman Hugh Glenister, who challenged Cabinet's decision to introduce draft legislation that would disband the Scorpions.
Quick Facts Glenister v President, Court ...
Glenister v President | |
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Court | Constitutional Court of South Africa |
Full case name | Glenister v President of the Republic of South Africa and Others |
Decided | 22 October 2008 (2008-10-22) |
Docket nos. | CCT 41/08 |
Citations | [2008] ZACC 19; 2009 (1) SA 287 (CC); 2009 (2) BCLR 136 (CC) |
Case history | |
Prior actions | Glenister v President of the Republic of South Africa and Others [2008] ZAGPHC 143 in the High Court of South Africa, Transvaal Provincial Division |
Court membership | |
Judges sitting | Langa DCJ, Moseneke DJC, Madala J, Mokgoro J, Ngcobo J, O’Regan J, Sachs J, van der Westhuizen J, and Yacoob J |
Case opinions | |
Courts may not intervene in a pending legislative process unless the absence of intervention would result in material and irreversible harm that could not be remedied once the legislation has been enacted. | |
Decision by | Langa CJ (unanimous) |
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In his judgment, handed down on 22 October 2008, Chief Justice Pius Langa held that judicial intervention in pending legislation is not appropriate except in exceptional cases in which immediate intervention is required to prevent material and irreversible harm.