Court Judgments

The Rule of Law Project analyses judgments by South Africa’s superior courts to determine the extent to which they comply with the Imperatives of the Rule of Law. Below follows a list of analyses conducted by Project staff.


Marshall NO and Others v Commissioner, South African Revenue Service [2018] ZACC 11

Marshall v SARS (2018) CC – Case note by Martin van Staden




South African Reserve Bank and Another v Shuttleworth and Another 2015 (5) SA 146 (CC)

A sorry day for the rule of law in South Africa – Article by Eustace Davie

Vital that the rule of law be observed – Article by Eustace Davie


Agri South Africa v Minister for Minerals and Energy 2013 (4) SA 1 (CC)

SA’s government using legal sophistry to bypass the Constitution – Article by Martin van Staden

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The Rule of Law Project is an initiative of the Free Market Foundation ( and is dedicated to giving substance to section 1(c) of the Constitution of the Republic of South Africa, which provides for the supremacy of the Constitution and the Rule of Law.