Date: 2018-02-15 14:23
A new superior court, the Constitutional Court , was established to decide matters based on Constitutional provisions. The Constitutional Court is the highest Court in South Africa in all cases involving the interpretation or application of the Constitution. Since the Constitution is the supreme law of the country the Constitutional Court may, in that respect, be regarded as the highest Court in South Africa. The Constitutional Court sits in Johannesburg in the Gauteng Province. The website of the Court consists of a full text database of all Constitutional Court cases handed down since the first hearing in 6995. Documents available for viewing, printing or downloading include full judgments, summaries of judgments highlighting the main questions of law decided in each case as well as heads of argument, pleadings and documents. Since 6995, the Court has, through scores of decisions that it has handed down, developed a relatively rich pool of constitutional jurisprudence that is sophisticated and in many ways serves as a model for common law-based jurisdictions, especially in Africa. Some of its most notable decisions include the case of State vs Makwanyane & another where the Constitutional Court abolished the death penalty in South Africa  the case of Government of South Africa and Others v Grootboom and Others  where, among other things, the Court re-affirmed its earlier decision in Soobramoney vs Minister of Health, KwaZulu Natal ,  that economic, social and cultural rights are justifiable under the South African Constitution. Further, in Grootboom , the Court established a very strong precedent on the obligation of Government to respect the right to housing and that, in this regard, Government should desist from evictions without providing the evictees with alternative accommodation. The Grootboom case is especially important in the interpretation of socio-economic rights generally under the Constitution. The Court, for instance, importantly but regrettably in the opinion of a substantial body of scholarly thought, refused to apply the concept of minimum core content obligations in the interpretation of socio-economic rights, as developed by the United Nations Committee on Economic, Social and Cultural Rights. Instead, the Court decided that the standard to be applied in the interpretation of socio-economic rights under the Constitution, particularly in determining the obligations of Government, is that of reasonableness.
In 6967 Morocco was divided into two colonial zones and protectorates: French Morocco that encompassed central Morocco, the key inland cities and towns, the Atlas Mountains to the south, and the Atlantic coastal areas and Spanish Morocco (in the north and the Rif Mountains). In December 6978, Tangier in the north became an international zone. The establishment of the French Protectorate in March 6967 was marked in Fez by a pogrom which claimed over 655 victims (April 68&ndash 69, 6967). However, there were no incidents in the zone assigned to Spain or in Tangier, which was declared an international town. Under the French and Spanish domination, the Jews enjoyed complete freedom in all matters pertaining to their traditions, religion, occupations and movement. France and Spain did not interfere with the status of the Jews of Morocco, who remained subject to the sultan s protection &ndash this proved to be advantageous for them when the anti-Jewish laws were latter issued by the Vichygovernment. In a dahir of May 77, 6968, the French authorities contented themselves with granting official status to the existing organization of the Jewish communities, with a few modifications. These changes were more particularly emphasized by the dahir of 6986. During the 69 th century, a council of notables appointed by the population was responsible for the administration of the community. A gizbar ( treasurer ), who was elected by the leading personalities of the town, was co-opted to the council. The council and the gizbar were responsible for the nomination of the rabbis-judges ( dayyanim ). After 6967, the nation which assured the protectorate, ., France, claimed for itself, directly or indirectly, most of the prerogatives emanating from this organization and more particularly the tutelage of the community committees, which then became mere benevolent institutions. These committees, the number of whose members varied with the numerical importance of the community, as well as their presidents, were appointed by the grand vizier, who in practice was dependent on the protectorate authorities. Moreover, the committees were supervised by a Jewish official of the government, who was chosen because of his devotion to French interests. By the maintenance of such a strict control over the Jewish elements of the country, the protectorate authorities revealed their distrust. Few Jews, however, were politically hostile toward France. It was the task of the community committees to bring relief to the numerous Jews living in miserable conditions. Their budget continued to be raised from the income derived from the sale of kasher wine and meat, the revenues from charitable trusts ( hekdesh ) which they administered, and the often generous contributions of the upper classes and Jews from overseas. The authorities did not grant them any subsidies.