The issue focused on fundamental rights in what was then referred to as the Durban protocol and two of the protections provided in it: the right of children and prisoners to access their lawyers and the right of vulnerable groups, such as pregnant and elderly people, to seek redress in civil courts.


The court found that the provisions violated the constitution because they denied a "legal revolution that has given rise to millions of people all over the world exercising their basic rights".


By improving the rights of the least