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Constitutional Court Review
Constitutional Court Review

Editors

Editor-In-Chief

Professor Stu Woolman – Professor of Law & Elizabeth Bradley Chair of Ethics, Governance and Sustainable Development, University of the Witwatersrand; Visiting Scholar, Wesleyan University;
email: stuart.woolman@wits.ac.za

Stu Woolman currently holds the positions of Professor of Law and, more recently, the Elizabeth Bradley Chair of Ethics, Governance and Sustainable Development at the University of the Witwatersrand. He also enjoys the title of Academic Director at the South Africa Institute for Advanced Constitutional, Public, Human Rights and International Law. Stu is the creator, editor-in-chief and primary author of the seminal 5 volume treatise, Constitutional Law of South Africa and creator and editor-in-chief of the Constitutional Court Review. He has penned two highly praised monographs: The Selfless Constitution: Experimentalism and Flourishing as Foundations of South Africa’s Basic Law (2013) and The Constitution in the Classroom: Law and Education in South Africa, 1994 – 2008 (2009). He has published five collections as co-author and co-editor: The Business of Sustainable Development in Africa (2009)(Winner of the 2010 Hindiggh-Currie Award for Best Book); The Dignity Jurisprudence of the Constitutional Court of South Africa (2013); Is This Seat Taken?: Conversations at the Bar, Bench and Academy about the South African Constitution (2012) and Constitutional Conversations (2008). “His most recent book (2021) is Wrecking Ball: Why permanent technological unemployment, a predictable pandemic and other wicked problems will end South Africa’s experiment in inclusive democracy.”
Read more about Stu Woolman

In over 100 articles and book chapters, Professor Woolman has traversed such varied subject matter as institutional constitutional law, bill of rights analysis, jurisprudence, applied analytic and empirical philosophy, education policy, HIV/AIDs law, consciousness studies, social capital theory, patent thickets, development economics, psychoanalytic theory, international human rights codes, sexual slavery, forced labour, refugee and immigration law, corporate social responsibility and alternative business models. The quality and the importance of his work has received recognition from the National Research Foundation as a B-Rated Internationally Acclaimed and Influential Researcher (2014), from the University of Pretoria as 2007’s Extraordinary University Researcher, and from the University of the Witwatersrand in the form of the Vice-Chancellor’s Award for Best Researcher under 40 (1996). Stu has worked for the United Nations Human Rights Committee and the Goldstone Commission of Inquiry into Public Violence and Intimidation and the Centre for Human Rights, and taught at Columbia Law School, the University of Pretoria Faculty of Law, the University of the Witwatersrand Graduate School of Business Administration and the University of the Witwatersrand School of Law.

He holds degrees in philosophy – Wesleyan (BA)(Hons), Columbia (MA) — and law — Columbia (JD), Pretoria (PhD).

Professor Stuart Craig Woolman CV

Managing Editors

Raisa Cachalia

Raisa Cachalia – Lecturer, University of Johannesburg

Raisa Cachalia is a researcher at the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC), a centre of the University of Johannesburg. Her published work and broad research interests are in the areas of Administrative Law and Constitutional Law, with a special focus on public power and rule of law issues. Raisa holds BA, LLB, and LLM degrees (cum laude) from the University of the Witwatersrand. She previously worked as a candidate attorney at Bowman Gilfillan Inc. and was admitted as an Attorney of the High Court in 2013. Then in 2013-2014, Raisa clerked at the Constitutional Court of South Africa for Justice Zondo and then Justice Froneman. After leaving the Court she joined Caveat Legal’s panel of legal consultants (2014-present) where she provides legal advice on aspects of regulatory law, particularly in the areas of public procurement and data protection. In 2017, Raisa lectured Administrative Law in the faculty of law at the University of the Witwatersrand.

Michael Bishop

Advocate Michael Bishop – Advocate, Cape Bar

Michael Bishop is in-house counsel at the Constitutional Litigation Unit of the Legal Resources Centre (LRC). He has appeared in the Constitutional Court, the Supreme Court of Appeal, the High Court and the Land Claims Court on issues including customary law, education, freedom of expression, refugee rights, environmental law, land rights, gender equality, housing, administrative law and social security.  He has a particular interest in issues relating to openness and accountability.  Prior to joining the LRC, Michael worked in a variety of legal advisory and legal research roles including two years clerking for Chief Justice Pius Langa. Michael has also taught constitutional law and administrative law to LLM students at the University of Pretoria, the University of Cape Town and the National Law University in New Delhi.
Read more about Michael Bishop

He is currently an Honorary Research Associate at the Department of Public Law at UCT.  Michael is the Managing Editor of the leading text on South African constitutional law, Woolman’s Constitutional Law of South Africa, for which he has also authored several chapters. Together with Jason Brickhill, Khomotso Moshikaro (both editors of the CCR) and Meghan Finn he authors the constitutional law updates for Juta’s Quarterly Review and the Annual Survey of South African Law. He has written several journal articles and chapters in books on issues related to constitutional law. He recently co-edited an edition of Acta Juridica titled A Transformative Justice: Essays in Honour of Pius Langa together with Alistair Price.

Michael holds the following degrees – BA(Law) LLB LLM (Pretoria) LLM (Columbia).

Advocate Michael Bishop CV

David Bilchitz

Professor David Bilchitz – Professor of Law & Director of the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC), a Centre of the University of Johannesburg; Professor of Law, University of Reading

David Bilchitz is a Professor of Fundamental Rights and Constitutional Law at the University of Johannesburg and Director of the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC). He is also Secretary-General of the International Association of Constitutional Law from June 2014 until 2018. He was elected a member of the South African Young Academy of Science in 2015. David has a BA (Hons) LLB cum laude from Wits University. He graduated with an MPhil in Philosophy from St John’s College, University of Cambridge in 2001 and with a PhD in law from the same university in 2004. David worked as law clerk to (then) Deputy Judge-President Langa of the South African Constitutional Court in 2000. His book on ‘Poverty and Fundamental Rights: the Justification and Enforcement of Socio-Economic Rights’ was published by Oxford University Press in February 2007.
Read more about David Bilchitz

He also has two co-edited books, one of which – titled ‘Human Rights Obligations for Business: Beyond the Corporate Responsibility to Respect?’ – was published by Cambridge University Press and launched at the United Nations library. As at 31 December 2014, he has published ten book chapters, and over 30 journal articles. He is also on the editorial boards of several prestigious journals including the South African Journal on Human Rights, International Journal of Human Rights and Constitutional Studies and the Constitutional Court Review. Prof. Bilchitz’s academic work focuses on the critical role that law plays in protecting the vulnerable within constitutional democracies: his focus is on the field of fundamental rights and, in particular, the content of socio-economic rights, the obligations of business in relation to fundamental rights, the tension between religious freedom and equality, and the rights of animals.

Associate Editors

Jason Brickhill

Jason Brickhill – Advocate, Johannesburg Bar; tutor and doctoral candidate, University of Oxford

Jason is an advocate at the Johannesburg Bar, having recently returned to South Africa from a spell at the University of Oxford as a doctoral candidate, tutor in law and Research Director of the Oxford Human Rights Hub. Jason previously served as Director of the Constitutional Litigation Unit at the Legal Resources Centre, practised at a leading South African law firm and clerked for Justice Kate O’Regan at the Constitutional Court. He has published widely in constitutional law, taught at Oxford and the University of the Witwatersrand, and served as an Honorary Research Associate at the University of Cape Town.
Read more about Jason Brickhill

He is one of the authors of Du Plessis, Penfold & Brickhill Constitutional Litigation (Juta 2013). Together with Michael Bishop and Khomotso Moshikaro (other editors of the CCR) and Meghan Finn, he authors the constitutional law updates for Juta’s Quarterly Review and the Annual Survey of South African Law.  He has written several journal articles and chapters in books on issues related to constitutional law.

Jason holds the following degrees: LLB (Cape Town, magna cum laude) and MSt (Oxon, with distinction)

Andrew Konstant

Andrew Konstant – Researcher, University of Chicago

Andrew Konstant is a J.S.D. candidate at the University of Chicago Law School and a visiting researcher at Georgetown University Law Center. Andrew was a researcher at the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC) with a particular focus on administrative, regulatory and competition law. He holds an LLB and LLM from the University of Witwatersrand, an MA in economics from King’s College, London and an LLM from the University of Chicago Law School. Prior to joining SAIFAC, Andrew was an associate at the commercial firm, Webber Wentzel. He has published several articles in journals including the South African Law Journal and South African Journal on Human Rights.

Franziska Sucker

Dr Franziska Sucker – Associate Professor, University of the Witwatersrand

Franziska is associate professor at the School of Law, University of the Witwatersrand, Johannesburg, where she teaches international trade law (since 2011). She holds a doctorate in law from the Goethe Universität Frankfurt am Main, Germany (summa cum laude) and serves as executive co-treasurer of the Society of International Economic Law (SIEL). Franziska was, inter alia, a visiting research fellow at the World Trade Institute (WTI), Berne (May‒July 2013) and a visiting researcher at the South African Institute for Advanced Constitutional, Public, Human Rights & International Law (SAIFAC), Johannesburg (2009‒2011). Prior to working in South Africa, she was a senior researcher at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany (2006‒2010) and a legal adviser in the Deutsche Gesellschaft für Internationale Zusammenarbeit (GTZ/GIZ), Accra (Ghana) for the Good Governance Programme, Revenue Mobilisation Support (2006). Franziska is co-editor (with Kholofelo Kugler) of the book International economic law: (southern) African perspectives and priorities (2021).
Read more about Dr Franziska Sucker

Franziska is author of the forthcoming book ‘Der Schutz und die Förderung kultureller Vielfalt im Welthandelsrecht’ (The protection and promotion of cultural diversity in world trade law) (2018, Springer publishing, Contributions on Comparative Public Law and International Law) and the book ‘Europäisches Staatskirchenrecht’ (2001); co-editor of the books International Economic Law and African Development (2014), International Economic Law: Voices of Africa (2012) and Freiheit – Sicherheit – Öffentlichkeit (2009) and managing editor of the books ‘The Principles of European Constitutional Law’ (Hart Publishing, 2009) and ‘Europäisches Verfassungsrecht’ (Springer Verlag, 2010). Her main research is intrenational economic law with a particular interest in trade linkages.
Elmien du Plessis

Elmien du Plessis – Professor, University of the North West

Khomotso Moshikaro

Khomotso Moshikaro – Lecturer, University of Cape Town; doctoral candidate, University of Cambridge

Khomotso Moshikaro completed his LLB (Cum Laude) at the University of Pretoria in 2012. He then went to Oxford University, where he completed a Bachelor of Civil Laws at the University of Oxford (2014) and an MSc in Contemporary Chinese Studies (2015). He worked as a law clerk in the Constitutional Court of South Africa and as a researcher at the South African International and Advanced Constitutional Law Institute (SAIFAC). His areas of specialisation are legal theory, constitutional law, competition and regulation and civil procedural theory. He is currently a Lecturer in Private Law at the University of Cape Town reading for an LLD.

Salim Nakhjavani

Salim Nakhjavani – Advocate, Johannesburg Bar; CILRAP Research Fellow; Visiting Adjunct Professor, School of Law, University of the Witwatersrand

From 2011 to 2015, Salim served as a United Nations prosecutor in the criminal proceedings against the senior Khmer Rouge leaders in Cambodia, where he participated in investigations, trials and appeals together with Cambodian colleagues. Between 2002 and 2003, as part of the team that established the Office of the Prosecutor of the International Criminal Court, he was responsible for the strategic approach and drafting of the first Code of Conduct for international prosecutors and helped to develop the suite of legal tools known today as the Case Matrix and Legal Tools Database.
Read more about Salim Nakhjavani

In the intervening periods, he has held academic posts in the two leading universities in South Africa, where, since 2015, he has directed the work of the Writing Centre at the Wits School of Law. He holds qualifications in three legal systems and has advised on justice and rule of law efforts in Indonesia, Timor Leste, Lao PDR, Bangladesh and Uganda. Salim graduated magna cum laude in law at McGill University (Canada) and went on to the University of Cambridge (UK), where he won the Whewell Scholarship in International Law in 2002. Since 2016, he has chaired a national task-team focused on coherent legal writing development in the LLB curriculum. He serves on the Editorial Boards of the Constitutional Court Review, the Forum for International Criminal and Humanitarian Law and the newly-established journal Ukumela: the Journal of Legal Reasoning, Writing and Education. He practices at the Johannesburg Bar.
Lauren Kohn

Lauren Kohn

Lauren Kohn is a Senior Lecturer in the Department of Public Law at UCT. She lectures Constitutional Law, Administrative Law and Administrative Justice & Open Governance and has been nominated for a Distinguished Teacher Award. Since joining the Academy in 2013, Lauren has published extensively in the fields of Administrative Law, Constitutional Law, Contract Law, Environmental Law and Customary Law. In 2016, Lauren was awarded the UCT Faculty of Law Research Prize for her research in the intersecting fields of Administrative and Environmental Law, and most recently, her work on the influence of the Constitution on the Private Law of Contract has been nominated for the St Petersburg International Legal Forum Private Law Prize 2018. Her research on rationality review and the separation of powers has been cited with approval in several High Court judgments. She is currently writing a textbook on Administrative Law through the lens of the Informal Sector, and is an external PhD Candidate at the University of Leiden Law School in the Netherlands. Lauren has presented her research at various local and international conferences and is a regular commentator in the media on topical constitutional issues.
Read more about Lauren Kohn

She participated as a ‘key stakeholder and expert on socio-economic rights and the Constitution’ at colloquia held in respect of the ‘Assessment of the impact of the decisions of the CC and SCA on the transformation of society’. Prior to joining academia, Lauren practiced as an Attorney at Webber Wentzel where she worked for several years and specialised in Public Law. She obtained the highest mark for the Attorneys Admission Bar Exam (Court Practice) in the Cape of Good Hope. Lauren still consults and has advised on various Regulatory, Administrative, Constitutional and Procurement Law issues as a Legal Consultant at Caveat Legal. Lauren is a three-time graduate from UCT. She holds a B.Bus.Sci (Law Major) with Distinction and various class medals. Her LLB was awarded Magna Cum Laude and with several class medals and special awards (including prizes for coming 1st in class overall). She completed her LLM (Special field: Constitutional & Administrative Law) at UCT full-time in 2012 on the David & Elaine Potter Fellowship and DAAD-NRF Scholarship and obtained the Degree with Distinction and top marks. Her PhD research through Leiden Law School explores arguments for the reconceptualization of the separation of powers doctrine such that a formal ‘integrity branch’ might be recognised.
Megan Finn

Meghan Finn – Lecturer of Public Law, University of
Johannesburg; Advocate of the High Court of South Africa

Meghan Finn is a lecturer in the Department of Public Law at the University of Johannesburg. Meghan holds Bachelors in Social Science (Honours) and LLB degrees (magna cum laude) from the University of Cape Town, and a BCL degree (with distinction) from the University of Oxford. Currently, she is a PhD candidate at the University of Witwatersrand. Meghan served as a law clerk of the Constitutional Court, and is an admitted Advocate of the High Court of South Africa. She previously practised at the Johannesburg Bar and appeared as counsel in a number of reported judgments including of the Constitutional Court.

Karabo Masenyadiloana

Karabo Masenyadiloana – Researcher, University of the Witwatersrand

Mispa Roux

Mispa Roux – Senior Lecturer, University of Johannesburg; Deputy Director, the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC), a Centre of the University of Johannesburg

Nompumelelo Seme

Nompumelelo Seme – Advocate, Johannesburg Bar

Editorial Advisory Board

Laurie Ackermann – Constitutional Court Justice Emeritus, Constitutional Court of South Africa, South Africa
Mary Arden – Justice, Court of Appeal of England & Wales, UK
Danwood Chirwa – Professor, University of Cape Town, South Africa
Sujit Choudhry – Sujit Choudhry – Professor, University of California, Berkeley, USA
Christian Courtis – Christian Courtis – Human Rights Officer, UN Office of the High Commissioner for Human Rights, Switzerland
Javier Couso – Professor, Universidad Diego Portales, Chile
Charles Fombad – Professor, University of Pretoria, South Africa
Nicole Fritz – Director, Southern African Litigation Centre, South Africa
Karthy Govender – Professor, University of KwaZulu-Natal, South Africa
Michelo Hansungule – Professor, University of Pretoria, South Africa

 

Karl Klare – Professor, Northeastern University, USA
Heinz Klug – Professor, University of Wisconsin, USA
Sandy Liebenberg – Professor, Stellenbosch University, South Africa
Frank Michelman – Professor, Harvard Law School, USA
John Mubangizi – Professor, University of KwaZulu-Natal, South Africa
Christina Murray – Professor, University of Cape Town, South Africa
Enyinna Nwauche – Professor, Rivers State University, Nigeria
Catherine O’Regan – Constitutional Court Justice Emeritus,
Constitutional Court of South Africa, South Africa
Theunis Roux – Professor, University of New South Wales, Australia
Cheryl Saunders – Professor, University of Melbourne, Australia
Dire Tladi – Professor, University of Pretoria, South Africa