S v Mhlungu | |
Court: | Constitutional Court of South Africa |
Full Name: | State v Mhlungu and Others |
Citations: | 1995 . ZACC . 4 . 1995 (3) SA 867 (CC), 1995 (7) BCLR 793 (CC). |
Judges: | Chaskalson P, Ackermann, Didcott, Kriegler, Langa, Madala, Mahomed, Mokgoro, O'Regan & Sachs JJ, Kentridge AJ |
Number Of Judges: | 11 |
Decision By: | Mahomed |
Prior Actions: | Referral from Natal Provincial Division |
S v Mhlungu and Others is a decision of the Constitutional Court of South Africa in which the court interpreted a transitional provision in the Interim Constitution of South Africa 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 protections in Chapter 3 of the Interim Constitution despite a clause appearing to exclude them.