Constitutional Court Review

EDITORIAL
1.	Constitutional Court Review Beyond the Global Pandemic David Bilchitz	III
LEAD ESSAYS
2.	The Constitutional Court’s 2018 Term: Lawfare or Window on the Struggle for Democratic Social Transformation? Theunis Roux, University of New South Wales	1
3.	Judicial Appointments in India: From Pillar to Post Arghya Sengupta, Vidhi Centre for Legal Policy, & Jay Vinayak Ojha, Independent	43
SYMPOSIUM: REFUGEE LAW
4.	Access to Effective Refugee Protection in South Africa: Legislative Commitment, Policy Realities, Judicial Rectifications? Ruvi Ziegler, University of Reading	65
5.	No Return to Persecution or Danger: Judicial Application of the Principle of Non-Refoulement in Refugee Law in South Africa and Malawi Redson Edward Kapindu, High Court of Malawi	107
SYMPOSIUM: INTERNATIONAL LAW
6.	The Constitutional Court’s Judgment in the SADC Tribunal Case: International Law Continues to Befuddle Dire Tladi, University of Pretoria	129
7.	We Are All International Lawyers; Now What? Taking Seriously the Constitutional Injunction to Integrate International Law Obligations into South African Law Andreas Coutsoudis & Max du Plessis, University of KwaZulu-Natal	155
8.	International Law, Access to Courts and Non-Retrogression: Law Society v President of the Republic of South Africa Sanya Samtani, University of Oxford	197
ARTICLES
9.	South Africa’s Doctrinal Decline on the Right to Protest: Notification Requirements and the Shift from Fundamental Right to National Security Threat Jane Duncan, University of Johannesburg	227
10.	What’s So Wrong with Quotas? An Argument for the Permissibility of Quotas under s 9(2) of the South African Constitution Nomfundo Ramalekana, University of Oxford	251
11.	Sexual Harassment and Disciplinary Procedures: Never the Twain Shall Meet Bonita Meyersfeld, University of the Witwatersrand	301
12.	The Constitutional Court on the Rights of Minority Trade Unions in a Majoritarian Collective Bargaining System Stefan van Eck & Kamalesh Newaj, University of Pretoria	331
13.	‘Swartman’: Racial Descriptor or Racial Slur? Rustenburg Platinum Mine v SAEWA obo Bester [2018] ZACC 13; 2018 (5) SA 78 (CC) Joanna Botha, Nelson Mandela University	353
14.	Where Is Property? Some Thoughts on the Theoretical Implications of Daniels v Scribante Zsa-Zsa Boggenpoel & Bradley Slade, Stellenbosch University	379
15.	The Problems with Prince: A Critical Analysis of Minister of Justice and Constitutional Development v Prince Nabeelah Mia, South African Institute for Advanced Constitutional, Public, Human Rights and International Law	401

About CCR

The Constitutional Court Review is the only international journal of record that devotes its attention to the work of South Africa’s highest court. The long essays, replies, articles and case comments use recent decisions to navigate more general currents in the Court’s jurisprudence. The authors may be first rate black letter lawyers, but their interventions are about what South African constitutional law ought to be, not what it is. The Journal follows a strict double-blind, peer-reviewed editorial process. It both solicits work from outstanding scholars and accepts submissions that warrant inclusion. The Editors engage with their authors from start to finish and follow internationally accepted best practices. The Constitutional Court Review has been fortunate to have several steadfast sponsors: the University of the Witwatersrand, the University of Johannesburg, the Konrad Adenauer Stiftung, SAIFAC and Constitutional Law of South Africa. For any inquiries please contact the Editor-in-Chief, Professor Stu Woolman, at stuart.woolman@wits.ac.za. We look forward to your responses to our work.

The Constitutional Court Review is published by NISC (Pty) Ltd and all issues are available at Sabinet.