Landmark Cases Every Law Student Must Know

These are the 10 cases you’ll want to remember, the ones that will inevitably pop up in exams, and the ones you will name-drop to sound smart at legal events.

1. S v Makwanyane (1995)

Topic: The Abolition Of The Death Penalty. Why It’s Important: Of course, this case had to be on the list—it's probably the only case former law students actually remember! Why? Because not only is it a landmark decision, but also, any mention of South African constitutional law almost always starts here. This Constitutional Court decision made history by abolishing the death penalty in South Africa. The Court emphasised the right to life and dignity as core values.
Fun Fact: The judgment is nearly as long as the actual Constitution. Grab a strong coffee if you plan to read the whole thing!

2. Soobramoney v Minister of Health (1997)

Topic: Right to Healthcare.
Why It’s Important: This was the first major case interpreting the right to healthcare. Unfortunately, it didn’t go well for Soobramoney, who needed dialysis but was denied because resources were limited. This case sparked debate on what “reasonable access” to healthcare really means. Takeaway: It’s the case that reminded everyone that sometimes, “reasonable access” means “you get what you get, and you don’t get upset”— it’s a stark reminder that not all needs can be met in a resource-constrained system.

3. Grootboom v Government of the Republic of South Africa (2000)

Topic: Right to Housing.
Why It’s Important: The Grootboom case reinforced the government's obligation to provide adequate housing, especially for vulnerable groups.
Takeaway: The case made it clear that “adequate housing” means more than a roof, It's about providing a home where dignity—not just affordability—comes standard.

4. S v Mhlungu (1995)

Topic: Interim Constitution & Rights of the Accused.
Why It’s Important: This case reinforced the principle that changes to the legal system should benefit the accused when new laws come into effect. It’s the legal equivalent of “you can’t change the rules halfway through the game.”
Legal Geek Moment: This case highlighted the value of legal certainty and due process, two buzzwords that will make you sound super professional.

5. Bhe v Magistrate, Khayelitsha (2004)

Topic: Customary Law & Inheritance
Why It’s Important: This landmark case ruled that the male-only inheritance system in customary law was unconstitutional. It made waves by affirming gender equality and the importance of aligning customary practices with the Constitution.
Fun Fact: It’s a win for gender equality.

6. Carmichele v Minister of Safety and Security (2001)

Topic: State Liability for Police Negligence
Why It’s Important: This case expanded the liability of the state, holding it accountable for the negligence of police officers. Carmichele’s determination ensured that victims could seek justice, even when the state fumbled the ball.
Takeaway: Even when the system lets you down, you can still take them to court—and win!

7. Khosa v Minister of Social Development (2004)

Topic: Social Security Rights for Non-Citizens
Why It’s Important: This landmark case recognised the rights of permanent residents to access social security benefits, proving that the Constitution’s promise of human dignity doesn’t stop at citizenship.
Trivia: The vital lesson: “Generosity shouldn’t be reserved just for those with the right passport!”

8. Doctors for Life International v Speaker of the National Assembly (2006)

Topic: Public Participation in Law-Making
Why It’s Important: This case established that public participation is a vital part of the legislative process. It was a stern reminder that laws should be made with the people, not just for the people.
Pro Tip: Think of public participation like a group project—everyone’s input counts, and ignoring the group’s voice can lead to failure!

9. Economic Freedom Fighters v Speaker of the National Assembly (2016)

Topic: The Powers of the Public Protector
Why It’s Important: This case clarified the binding nature of the Public Protector’s recommendations, holding the President accountable for using public funds improperly. It reinforced the strength of accountability mechanisms in a constitutional democracy.
Takeaway: It’s the case that taught politicians that even if they think no one’s watching, the Public Protector definitely is.

10. Minister of Health v Treatment Action Campaign (TAC) (2002)

Topic: Right to Health
Why It’s Important: In this case, the Constitutional Court ordered the government to make anti-retroviral drugs available to prevent mother-to-child transmission of HIV. This ruling reinforced the state's obligation to fulfil socio-economic rights under the Constitution.
Fun Fact: It highlighted the balance between government policy and human rights, proving that courts can nudge the state when it comes to social justice.

Knowing these cases is like having a legal cheat code for exams and casual debates with classmates. These landmark rulings aren’t just dry precedents—they’re stories of people challenging systems, reshaping society, and, sometimes, creating iconic legal drama. Memorise these, and you’ll be one step closer to sounding like you know what you’re talking about in class.

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