Legal Articles and Guides
Parliament is rushing to finalise a version of the Traditional Courts Bill that continues to entrench a top-down, undemocratic approach to customary law.
President Cyril Ramaphosa has strongly defended the judiciary, saying attacks against it should not be taken lightly as they shake the foundation of SA’s constitutional democracy.
DA Chief Whip Natasha Mazzone has called on the Minister of Police, Bheki Cele, to clarify in which capacity he met with former President Jacob Zuma at Nkandla.
Former President Jacob Zuma’s no-show before the Zondo Commission was ‘a direct breach of the rule of law’ and also a denial of the constitutional rights of South Africans to hear the truth about State Capture, corruption and fraud under his administration from 2009 to 2018, says independent journalist and analyst Peter Fabricius.
The Western Cape High Court has thwarted efforts by Australian miner Mineral Commodities Limited (MRC) to silence fierce critics of its operations in SA.
What is the right to remain silent and the right against self-incrimination? Is the law clear and absolute that former President Jacob Zuma cannot claim to exercise the right to silence at the Zondo Commission, because the commission is not a criminal trial?
Former Finance Minister Trevor Manuel wants the Constitutional Court to reinstate the R500 000 in defamation damages he won against the EFF – and says the SCA ruling that withdrew the payout and blocked the party from apologising to him will have a ‘devastating impact’.
The Constitutional Court has declared the Riotous Assemblies Act, a hangover from the apartheid era, unconstitutional and invalid insofar as it makes incitement to commit even ‘minor’ crimes an offence, potentially opening the door for EFF leader Julius Malema to get off the hook for inciting land invasions.
A KZN High Court (Durban) consent order has finally brought relief to Louis Langer (84), who battled for four years to get his house back after the KwaDukuza Municipality expropriated the property.
The commission monitoring compliance with empowerment legislation says it has received almost 700 complaints of fronting – in which ‘token’ black people are passed off as company shareholders – in the past four years.
A battle that the University of Johannesburg (UJ) has waged since 2012 in a bid to repossess prime land it leased to a private theology institution in the 1990s is headed to the Constitutional Court.
In yet another setback for Public Protector Busisiwe Mkhwebane’s bid to stave off Parliament’s intention to formally inquire into her fitness for office, the Constitutional Court has crushed her hopes of appealing against the judgment that invalidated her report on the Gupta-linked Estina Dairy Project scam.
Communications and Digital Technologies Minister Stella Ndabeni-Abrahams’ plans to give telecommunications companies the right to build on private land – without even having to pay in some cases – have raised the hackles of property owners around the country.
The Constitutional Court has ordered the Department of Home Affairs to register the births of four people that it declared were SA citizens, and that they be issued with IDs.
An Mpumalanga doctor who was in 2017 found guilty of culpable homicide in connection with the death of a young mother he was treating, has had his conviction overturned by the Constitutional Court, although he is not out of the woods, notes a report in The Citizen.