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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.
    Pioneer land ruling puts justice first
    Pioneer land ruling puts justice first
    The judiciary has found itself in the populist firing line recently, particularly after the high court in Pretoria held that the president had to...
    State's disregard for the law as alarming as the nuke deal itself
    State's disregard for the law as alarming as the nuke deal itself
    Over the past few weeks, the rule of law in South Africa has experienced a rollercoaster ride. The offices of the chief justice and those in...
    No confidence motion: On what basis could ConCourt find in favour of a secret ballot?
    No confidence motion: On what basis could ConCourt find in favour of a secret ballot?
    SERJEANT AT THE BARIn 2014, during and after the Oscar Pistorius murder trial, many public commentators became experts on the concept of...
    Just how far can South Africa's courts reach?
    Just how far can South Africa's courts reach?
    The increasingly desperate shape of our politics means the courts are moving into ever more fraught territory. Over the past decade, as Parliament...
    Could the chief justice theft have anything to do with Ntlemeza, Dlamini defeats?
    Could the chief justice theft have anything to do with Ntlemeza, Dlamini defeats?
    In a democracy, it is not every day that two ministers of state are harshly but fairly criticised by the courts and, within 24 hours, 15 computers...
    State failed, not the Constitution
    State failed, not the Constitution
    Twenty years ago, South Africa’s democratically elected Parliament passed the Republic of South Africa Constitution Act. It was widely heralded...
    ​ICC case shows executive can’t act unilaterally
    ​ICC case shows executive can’t act unilaterally
    Identity politics continues to engulf South Africa in ever-increasingly virulent ways. Last year it was the universities that bore the brunt of a...
    Trump, our Constitution and when bullshit runs wild
    Trump, our Constitution and when bullshit runs wild
    In August last year, CNN commentator Fareed Zakaria invoked a famous 1986 essay by philosopher Harry Frankfurt to describe Donald Trump. Frankfurt...
    OPINION: Public protector's report fails to make a case against Absa
    OPINION: Public protector's report fails to make a case against Absa
    The sustained degradation of key institutions such as the police service, the Hawks and the National Prosecuting Authority has reached so desperate a...
    ​Pace of lawfare will pick up in the year ahead
    ​Pace of lawfare will pick up in the year ahead
    The shift from political warfare to lawfare continued apace in 2016. The most prominent example of this development was the decision of the...
    Justices disagree: Is this the beginning of the end of a divide in the ConCourt
    Justices disagree: Is this the beginning of the end of a divide in the ConCourt
    The United States Supreme Court has been deeply divided for many years between liberals and conservatives. In contentious political cases, the...
    ​Only the courts and citizens are left to fend off our lawless state
    ​Only the courts and citizens are left to fend off our lawless state
    State institutions are under the microscope as the sheer horror at the extent of the cancer in our body politic is exposed. This comes after the...