In Ekurhuleni Metropolitan Municipality v Dada NO and Others 2009…

In Ekurhuleni Metropolitan Municipality v Dada NO and Others 2009…

In Ekurhuleni Metropolitan Municipality v Dada NO and Others 2009

(4) SA 463 (SCA) para [1], the court reiterated that ‘in exercising the judicial function, judges are themselves constrained by the law.’ According to Justice Hurt, this quote served as a reminder ‘to a judiciary which might often, in its efforts to achieve the objects of the Bill of Rights in the Constitution, be tempted to chafe against the concept of ‘progressive’ as opposed to ‘immediate’ realisation of constitutional objectives.’
Briefly identify and explain the two judicial approaches to judicial decision-making that justice Hurt is referring to in his judgement. You must explain how these approaches apply to the decisions in the Dada case in the court a quo as well as in the appeal case.