On 1 March, SERI's director of litigation, Advocate Jason Brickhill participated in a panel discussion on 'Lawfare: The role of the courts in upholding democracy'. The panel discussion formed part of the 'Democracy and Constitutionalism: Lecture Series' hosted by Section27 and the Council for the Advancement of the South African Constitution. Jason spoke alongside panelists Advocate Tembeka Ngcukaitobi SC & Advocate Michelle le Roux SC.
In his inputs, Jason discussed the concept of lawfare and how the term's prevalent use encourages an analysis of the law in South Africa that focuses on and draws conclusions from a single outcome of a court case, without adequately assessing the broader constitutional implications and enduring constitutional principles. He argued for the need for socio-legal studies to look beyond the case and to analyse the legal, material and political impact of judgments in an effort to build a longer-term view and focus on building enduring constitutional principles and constitutional institutions.