Browsing by Author "Kohn, Lauren"

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    An analysis of Section 11 of the Constitution and 'Stransham-Ford v Minister of Justice': are people permitted to waive the right to life?
    (2023) Mlotshwa, Vanessa; Kohn, Lauren
    Thousands of people around the world seek active euthanasia as a medical means to the alleviation of their incurable pain. This highly contentious medical procedure is not available to South Africans. This thesis explores the High Court Judgment of Stransham-Ford v Minister of Justice, the first case legalising both passive and active euthanasia in South Africa; and the subsequent overturning of that judgment by the Supreme Court of Appeal. This thesis assesses applicable case law and engages the relevant secondary sources of literature to determine if there is a pathway for the legalisation of active euthanasia in South Africa. Furthermore, this thesis conducts a section 36 general limitations examination of the key constitutional rights that govern this matter, including section 11 (right to life), section 10 (right to dignity) and section 12(2) (right to informed consent). Thereafter this thesis reviews the foreign law of jurisdictions where euthanasia has been legalised. This includes an evaluation of Canadian case law which utilised the Canadian Charter of Rights and Freedoms to legalise euthanasia. This Charter was one of the inspirations for the South African Constitution. Finally, the thesis makes provision for medical professionals to object to performing euthanasia based on conscience or religion.
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    Redistributive justice: affirming section 9 of the constitution through the imposition of a wealth tax on apartheid beneficiaries
    (2022) Malaza, Silindokuhle Noluthando; Kohn, Lauren
    In light of South Africa's scourge of poverty and inequality, this thesis problematises the government's rejection of the Truth and Reconciliation Commission's recommendation that a wealth tax be imposed on apartheid beneficiaries. The wealth tax recommendation was premised on the fact that apartheid-era discriminatory legislation not only deprived victims of apartheid of the opportunity to acquire skills but also forced victims to perform unskilled work at very low wagesin all sectors of the economy. Thus, the question that this study seeks to answer is whether the imposition of a wealth tax on apartheid beneficiaries is consistent with the spirit and the purport of section 9(2) of the Constitution and, as a consequence, furthers the achievement of substantive equality. The argument for the imposition of a wealth tax on apartheid beneficiaries is grounded in an understanding of inequality as a structural problem, as well as the application of redistributive justice principles and equality jurisprudence to South Africa's post-apartheid context. The thesis contends that the South African government's rejection of a wealth tax on apartheid beneficiaries has contributed to the exacerbation and perpetuation of inequality. In support of this contention, it is argued that the imposition of a wealth tax on apartheid beneficiaries would not only affirm section 9 of the Constitution but would bolster attempts at dismantling structural inequality.
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    Substitution in the South African context - constitutional principles in action
    (2023) Pinto, Tayla; Kohn, Lauren
    This thesis is a cumulative analysis of the role of substitution as a remedy for maladministration in the public procurement context within the modern constitutionalism in South Africa. It considers the role and position of substitution from a technical and theoretical point of view. The cumulative analysis is aimed at illustrating that substitution plays an important role within the judicial review remedial framework, that the courts have applied their minds and developed a robust test for substitution and that this is an important tool and process for the ascertainment of the ideals of the democratic and constitutional project outline in the Final Constitution (Constitution). This analysis is conducted against the backdrop of public procurement and its links to service delivery and the furtherance of the democratic project. Substitution to this end can be seen as an example of the constitutional principles envisaged by the Constitution in action in that it promotes the rule of law while protecting and promoting human rights.