S V Mhlungu
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''S v Mhlungu and Others'' is a decision of the
Constitutional Court of South Africa The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first establ ...
in which the court interpreted a transitional provision in the
Interim Constitution of South Africa The Interim Constitution was the fundamental law of South Africa from during the first non-racial general election on 27 April 1994 until it was superseded by the final constitution on 4 February 1997. As a transitional constitution it requ ...
relating to the handling of criminal cases that were pending when that constitution came into force on 27 April 1994. The ruling, handed down on 8 June 1995, held that such cases were subject to the
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
protections in Chapter 3 of the Interim Constitution despite a clause appearing to exclude them.


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Text of the judgment
1995 in South African case law Constitutional Court of South Africa cases South African criminal case law {{SouthAfrica-case-law-stub