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A structural interdict is a remedy in terms of which the court orders an organ of State to perform its constitutional obligations and to report to the court on its progress in doing so. In other words, the court plays a supervisory role in ensuring State compliance with its order.
This paper discusses the place of structural interdicts or post-judgment supervision in the enforcement of socio-economic rights in Kenya in light of the Court of Appeal judgment in Kenya Airports Authority v Mitubell Welfare Society and 2 Others.
9 paź 2020 · As further observed in the Law Society of Kenya Case, the rationale for using structural interdicts is to protect the socio-economic interests through priority setting in a way that compels the state to discharge its constitutional duty.
1 cze 2019 · This study looks into the origin and models of structural interdicts so as to analyse and critique this Court of Appeal’s decision by showing how the Court could have applied structural ...
The article examines mediation and structural interdicts and argues why these options are suitable methods for resolving disputes between a community and its municipality. Keywords mediation structural interdict local government dispute municipality community
Structural interdicts preserve the courts’ special role within South Africa’s fledgling democracy, since the supervisory portion of this remedy allows courts to inspect proposed plans and ensure that they are not constitutionally suspect.
1 cze 2019 · This study looks into the origin and models of structural interdicts so as to analyse and critique this Court of Appeal’s decision by showing how the Court could have applied structural interdicts in the enforcement of socio-economic rights without impinging on the doctrine of separation of powers.
