Reconsidering Carmichele : notes

The aim of this note is to reconsider the Constitutional Court's judgment in the case of Carmichele v Minister of Safety and Security & another (Centre for Applied Legal Studies Intervening) 2001 (4) SA 938 (CC) (hereafter Carmichele (CC)). The note focuses on the Constitutional Court's judgment, not in isolation, but rather in the context of the Supreme Court of Appeal judgments that preceded and succeeded it (Carmichele v Minister of Safety and Security & another 2001 (1) SA 489 (SCA) (the first judgment of the Supreme Court of Appeal, or Carmichele 2001 (SCA)) and Minister of Safety and Security & another v Carmichele 2004 (3) SA 305 (SCA) (its second judgment, or Carmichele 2004 (SCA)).