Remedies
- On Meaning of “Appropriate Relief”
Appropriate relief is a relief that is necessary to protect and enforce the Constitution. It is any effective relief that the court may grant to remedy wrongs suffered from the infringement of rights entrenched in the Constitution. Such relief may be a declaration of rights, an interdict, a mandamus or such other relief that will protect and enforce the rights the Constitution seeks to protect. If the need arises, the court will forge new tools and shape innovative remedies in order to ensure that the victim of an infringement goes with an appropriate relief. The nature of right infringed, and the nature of infringement will provide guidance as to the appropriate relief in a particular case - Minister of Health v. Treatment Action Campaign