Justiciability of Political Questions in South Africa

Against the backdrop of the increase in the number of cases brought before courts that raise purely political questions, this book advocates for the development of a coherent political question doctrine in South Africa. Through a comparative study of the doctrine’s application in the United States, Ghana, Uganda and Nigeria, Mhango argues that the political question doctrine is an appropriate legal mechanism through which South Africa can address this problem. From a comparative perspective, Mhango evaluates the origins and current application of the doctrine in the four countries above and illustrates that their experiences present an opportunity for courts to develop and apply a clear doctrine for South Africa. Mhango contends that at the heart of this development sits the principle of separation of powers, and the imperative to balance the conflict between the principle of judicial review and that of democratic self-government.

Introduction; 1 Conceptual Overview; 2 The Genesis and Modern Application of the Political Question Doctrine in the United States; 3 Separation of Powers and the Evolution ofthe Political Question Doctrine in Ghana; 4 The Application and Evolution of the Political Question Doctrine in Uganda; 5 The Application and Evolution of the Political Question Doctrine in Nigeria; 6 The Development and Application of a Comprehensive Political Question Doctrine in South Africa; 7 The Future of the Political Question Doctrine in South Africa