Moseneke v The Master 2001 2 SA18 (CC): Racial Discrimination Laws and the Interests of Justice

Abstract

In 2002 the faculty of law of the Potchefstroom University for Christian Higher Education in collaboration with the Konrad-Adenauer-Stifttung embarked on a study on Politics, Socio-Economic Issues and Culture in Constitutional Adjudication. The project is aimed at analysing the influence of the Bill of Rights¹ in order to develop practical guidelines for South African courts confronted with issues of a political, socio-economic and cultural nature. 

It is against this background that Moseneke v The Master² will be analysed.³ In this paper a general introduction of the facts of the case will be given. Thereafter the principles applied by die court in evaluating racial discrimination laws and the interests of justice will be highlighted. The case deals with certain provisions of the Black Administration Act,⁴ which applies to Africans living under a system of customary law, and emphasis will be on the development of practical guidelines for South African courts confronted with issues of a political, socio-economic and cultural nature. Finally, the relevant changes proposed by the minister as a result of the decision reached in the Moseneke case will briefly be referred to.