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Jordan SA 642 . The judgment is thought to be “paternalistic” as it’s primarily based on the presumption that the Court can place itself in the position of a father of the citizenry by judging what is morally finest for them, or in casu, act within the pursuits of the person. 132 The court held in Carmichele v Minister of Safety and Security and the Minister of Justice and Constitutional Development SA 938 para 62 that the state should employ optimistic action to protect particular person rights. 127 The Constitutional Court in Carmichele v Minister of Safety

 

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