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Constitutional Justice Project: Assessment of the impact of decisions of the South African Constitutional Court and the Supreme Court of Appeal on the transformation of society (CJP) 2013-15

Version
1.0
Resource Type
Dataset
Creator
  • Pienaar, Gary David
  • Pophiwa, Nedson
  • Viljoen, Johannes
  • Morrison, Tracy
  • Roberts, Benjamin
  • Struwig, Jare
  • Kanyane, Modimowabarwa Barwa
  • Bohler, Narnia
  • Wentzel, Maria Elizabeth
  • Barolsky, Vanessa
  • Human Sciences Research Council, University of Fort Hare
Publication Date
2017-05-11
Embargo End Date
2017-04-01
Contributor
  • Human Sciences Research Council (Producer)
  • University of Fort Hare (Producer)
Funding Reference
  • Department of Justice and Constitutional Development
Free Keywords
Schema: UK DATA ARCHIVE - HASSET
ACCESS TO JUSTICE; CONSTITUTIONAL COURT; IMPLEMENTATION; JURISPRUDENCE; SOCIO ECONOMIC RIGHTS; SUPREME COURT OF APPEAL; TRANSFORMATION
Description
  • Abstract

    Description: Seventy qualitative interviews, involving 114 persons, were conducted with litigants of landmark socio-economic rights cases and other key role-players, including members of NGOs and Public Interest Litigation (PIL) firms. The aim was to ascertain experiences with regard to the socio-economic rights cases, including the cost and time taken to finalise these cases. In the fieldwork phase of the project, researchers canvassed the perspectives of a broad spectrum of stakeholders and social actors relevant to this assessment.

    Abstract: In 2013 the Department of Justice and Constitutional Development commissioned the HSRC in partnership with the University of Fort Hare for a research project under the title: Assessment of the impact of decisions of the Constitutional Court and Supreme Court of Appeal on the transformation of society. The project was subsequently titled Constitutional Justice Project. In this project an in-depth legal analysis of the jurisprudence of the apex courts was complemented with a strong empirical component that sought to investigate the broader impact of these court decisions on South African society, as well as the extent to which South Africa’s highest courts are accessible. The research was structured in four themes: Theme 1 consisted of a comprehensive legal analysis of the developing socio-economic jurisprudence in landmark cases of the CC and SCA. Included in this theme were the collection, collation and analysis of data on the decisions of the CC and SCA from 2009 to 2013. Theme 2 consisted of an analysis and investigation into the implementation of court decisions, by tracing their impact on the work of government departments, across all spheres, including changes to policy, legislation, budgets and institutional practices. Theme 3 comprised desk-top studies (including an international and regional comparative study) on direct access to the Constitutional Court, especially by indigent persons. The research focused specifically on whether the rules and the practices with regard to direct access to the CC promote access to justice in socio-economic rights cases, or create obstacles in accessing justice. Theme 4 focused on access to justice in more general terms. Qualitative interviews were conducted with litigants of landmark socio-economic rights cases and other key role-players, including members of NGOs and Public Interest Litigation (PIL) firms. The aim was to ascertain experiences with regard to the socio-economic rights cases, including the cost and time taken to finalise these cases. In the fieldwork phase of the project, researchers canvassed the perspectives of a broad spectrum of stakeholders and social actors relevant to this assessment. A case study methodology was adopted to track the impact of selected landmark cases at all spheres of government and within affected communities, which involved interaction (key informant interviews and focus group interviews) with various role players from academics to litigants to members of the Bench, and public officials responsible for the implementation of court orders. A total of 70 key informant and focus group interviews were conducted. The major variables were: Position in legal sector applicant, legal professional status, legal representative in a case, legal academic, legal aid and advocacy organisation Involvement in specific court case cases were selected based on main socioeconomic rights, and key informants were divided into the following categories: Advocates Attorneys Bench Legal academics and social scientists Public officials Indirect beneficiaries and community leaders (focus groups and individuals) Applicants (focus groups and individuals) NGOs and Civil Society Organisations Interim and final findings of the research were presented at three colloquia to which a number of representatives of the legal and socioeconomic rights sector were invited. The following reports were produced: 3 Colloquia reports Concept Report Interim report Fieldwork report Final report Executive Summary report Most reports included extensive annexures on specific issues in the research.

Temporal Coverage
  • 2013 / 2015
Geographic Coverage
  • Brazil (BR)
  • Colombia (CO)
  • India (IN)
  • South Africa (ZA)
Sampled Universe
Included: 40 apex court cases, relevant applicants and defendants, lawyers involved, academics involved in socio-economic rights, legal aid organisations, advocacy groups, community representatives, relevant state departments
Sampling
Sampling was based on official documentation of court cases indicating applicants, defendants, legal representation, legal assistance, amici of court, legal experts in socio-economic right cases, representatives of communities affected by court cases recommended by lawyers involved in the cases, as well as legal experts who regularly publish on socio-economic rights
Time Dimension
  • Other
    Other, The research consisted of several desk studies, benchmarking studies, key informant interviews, focus group interviews with community organisations that had been involved in the researched cases and colloquia for consultation of the wider legal and socioeconomic rights sector. The data sets consist of client reports, list of publication citations, colloquia reports, interview recordings and transcriptions
Collection Mode
  • Administrative records
  • Compilation or synthesis of existing material
  • Content analysis
  • Digital audio recording
  • Face-to-face interview
  • Focus group
  • Telephone interview
Availability
Download
Rights
By accessing the data, you give assurance that The data and documentation will not be duplicated, redistributed or sold without prior approval from the rights holder. The data will be used for scientific research or educational purposes only. The data will only be used for the specified purpose. If it is used for another purpose the additional purpose will be registered. Redundant data files will be destroyed. The confidentiality of individuals/organisations in the data will be preserved at all times. No attempt will be made to obtain or derive information from the data to identify individuals/organisations. The HSRC/UFH will be acknowledged in all published and unpublished works based on the data according to the provided citation. The HSRC/UFH will be informed of any books, articles, conference papers, theses, dissertations, reports or other publications resulting from work based in whole or in part on the data and documentation. For archiving and bibliographic purposes an electronic copy of all reports and publications based on the requested data will be sent to the HSRC. To offer for deposit into the HSRC Data Collection any new data sets which have been derived from or which have been created by the combination of the data supplied with other data. The data team bears no responsibility for use of the data or for interpretations or inferences based upon such uses. Failure to comply with the End User License may result in sanctions being imposed.
Other

Update Metadata: 2019-12-14 | Issue Number: 889 | Registration Date: 2017-04-03

Pienaar, Gary David; Pophiwa, Nedson; Viljoen, Johannes; Morrison, Tracy; Roberts, Benjamin et. al. (2017): Constitutional Justice Project: Assessment of the impact of decisions of the South African Constitutional Court and the Supreme Court of Appeal on the transformation of society (CJP) 2013-15. Version: 1.0. HSRC - Human Science Research Council SA. Dataset. https://doi.org/10.14749/1485853594