FUR2601 Lecture 1

THREE STAGES
Procedural
Substantive
Remedies
PROCEDURAL
Application
Justiciability
Jurisdiction
SUBSTANTIVE
Interpretation &
Limitation
REMEDY
Determination of a suitable remedy
Q
Ms. Anderson is a transgender woman incarcerated at a male prison in Gauteng. Ms.
Anderson has not changed her gender marker or undergone surgery and has
therefore been incarcerated as a man. Ms Anderson expresses her identity through
her hairstyles, dress code and make up.
Ms. Anderson informs you that prison officials have forced her to conform to a male
identity by forcing her to cut her long hair and confiscating her make up. She has also
been placed in solitary confinement for expressing her gender identity.
The prison officials claim that they force her to conform to a male identity for her own
safety and she therefore has no choice but to conform to a male identity whilst she is
incarcerated.
Q
The members of the Mamelodi Activism Coalition group picketed outside Tshwane
Municipality to voice their dissatisfaction with the inadequate sanitation facilities in
Mamelodi. Initially, there were only 15 protestors but the numbers grew as more
people joined in. Because of the growth in numbers, the protestors were arrested in
contravention of section 12(1)(a) of the Regulation of Gatherings Act 205 of 1993
for failing to give notice of an assembly. They were convicted and charged in the
Magistrates Court.