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Serjeant at the Bar

Serjeant at the Bar

Serjeant at the Bar is a senior legal practitioner with a special interest in constitutional law.
    Law demands creative rethinking
    Law demands creative rethinking
    Three events have prompted this column: the debate about the record of the judiciary under apartheid, which arose after the death of Judge Ramon...
    Zuma's legal woes lay bare justice system vulnerabilities
    Zuma's legal woes lay bare justice system vulnerabilities
    Imagine the scene. It is shortly before the Supreme Court of Appeal (SCA) is to hear the appeal brought by then-president Jacob Zuma in the...
    Tardiness, not Constitution, to blame for land crisis
    Tardiness, not Constitution, to blame for land crisis
    So the Constitution is to blame! If only section 25 had not been included in the Constitution, land reform would already have been nearing its...
    A case for Mkhwebane’s removal
    A case for Mkhwebane’s removal
    Between 1985 and 1991 the South African Reserve Bank provided financial assistance (a “lifeboat”) to Bankorp, which was in serious financial...
    The judgments that will shape SA’s constitutional democracy in 2018
    The judgments that will shape SA’s constitutional democracy in 2018
    The year promises to produce a number of judgments that will influence the shape of constitutional democracy South Africa. Arguably the most...
    An inquiry into state capture is good but criminal trials must not be impeded
    An inquiry into state capture is good but criminal trials must not be impeded
    Justice Raymond Zondo has earned a reputation as a most diligent, careful, experienced and thoughtful jurist. It was not surprising when he was...
    Mogoeng's 'very serious' attack on majority judgment difficult to comprehend
    Mogoeng's 'very serious' attack on majority judgment difficult to comprehend
    When does a court overreach and thus intrude into a domain exclusively reserved for the executive or the legislature? In an unusually harsh...
    Ruling on NPA boss upholds the Constitution
    Ruling on NPA boss upholds the Constitution
    You have to admire the lawyers who represent President Jacob Zuma and the national director of public prosecutions (NDPP), Shaun Abrahams.
    What will become of Shaun Abrahams when Zuma is president no more?
    What will become of Shaun Abrahams when Zuma is president no more?
    There can be an irony about timing. Take two prosecution agencies, divided by 8 000 miles and differences in the public perception of their...
    Outing of KPMG for 'Guptafication' role could have powerful knock-on effects
    Outing of KPMG for 'Guptafication' role could have powerful knock-on effects
    Hollywood producer Harvey Weinstein has rightly been condemned for his repeated, outrageous assaults on women. The one positive aspect of this...
    Public institutions remain at the core of state capture rot
    Public institutions remain at the core of state capture rot
    In the week in which the country celebrated the 100th anniversary of the birth of Oliver Reginald Tambo, the man who steered the ANC from a...
    SCA ruling means Zuma has little wiggle room left
    SCA ruling means Zuma has little wiggle room left
    In 2005 Jacob Zuma, then the deputy president, was charged following the conviction of his erstwhile business associate, Schabir Shaik, on grounds...