Mail & Guardian
Mail & Guardian
Carmel Rickard 1

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Carmel Rickard 1

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Many reforms were influenced by the policy-making architecture that existed in the late 1990s and during the 2000s. In turn, these were shaped by the goals of a democratic society articulated in the 1996 Constitution. (Madelene Cronje/M&G)

Judges agree on a democratic approach to customary law

The ruling communities under traditional leadership are seeking ways to introduce democracy into their existing systems.

The outcome of the ANC’s long-awaited KwaZulu-Natal conference was a win for the Thuma Mina crowd. (Delwyn Verasamy/M&G)

Clients, staff can’t afford to bend bank’s Golden Rules

Bank staff cannot afford to ignore the Golden Rules — and we as customers cannot afford to let them

‘Discretionary’ ruling protects the mentally ill and society

The mere existence of a disability cannot justify a deprivation of liberty

The outcome of the ANC’s long-awaited KwaZulu-Natal conference was a win for the Thuma Mina crowd. (Delwyn Verasamy/M&G)

Was justice served in daughter rape case?

The man who abused his daughter for eight years got a 20-year sentence; could it have been longer?

SCA slams judges in rape appeal

High court’s cryptic review of magistrate’s decision dealt with neither facts nor the law

Judge Thomas Masuku fell out of favour with the Swaziland authorities. He now works in Namibia

Quirky metaphors, sham trials

No longer on the Swazi bench, Judge Masuku keeps unique voice in his judgements — in Namibia

Swaziland’s chief justice Michael Ramodebedi

Swazi chief justice breaks cover for disciplinary hearing

There is little for the Swazi judicial system to smile about at this stage

The cargo ship MV Asphalt Venture arrives in Mombasa in 2011. After the vehicle was ‘arrested’ in Richard’s Bay the legal dispute landed up in a South African high court.

Hijack leaves maritime law at sea

A curious sequence of events has resulted in a ground-breaking case being heard in South Africa

My father raped me for eight years

Yet serious errors by the prosecutor and the magistrate meant the high court had no choice but to reduce his sentence of life in prison.

No tax please, I’m the chief justice

Swaziland’s top judge has won his tax battle, with a close colleague presiding over the trial

The crux of the issue, says senior lecturer at the University of the Witwatersrand Lumkile Mondi, is how to hold the government accountable.

Lesotho’s courts on shaky ground

The unpopular appointment of the new appeal court president has left the judiciary divided

Bid to set aside Sanral secrecy ruling

The agency’s toll road fight with Cape Town has led to a clampdown on access to court papers.

Refugee wins asylum after 10 years in legal limbo

Acting judge slams inept home affairs officials for ‘deplorable’ way in which they dealt with asylum application.

Court put to the test in adultery case

Can the man who caught his wife in a sex act with his uncle sue for a loss of patrimony?

I wish the members who are assuming new portfolios all the best in their new responsibilities.

A case for the mentally disabled

The law governing those deemed unfit to stand trial is being taken to the Constitutional Court.

The wall built by the Israeli government is used not just to imprison Palestinians but also cut Palestinians off from water supplies.

Stumbling in the pursuit of justice

Two appeal court decisions offer a glimpse of a system eroded by rank apathy and abuse of power.

The appeal court said the awarding of damages for adultery was based on outdated biblical notions of marital ‘servitude’.

‘Ugly fight’ over adultery law ends

Awarding damages for cheating recalls an era when a man had ‘proprietary interests’ in his wife.

Miners’ families protest at a Marikana site inspection by the Farlam commission. The families now have legal representation.

Marikana: Who funds the poor at inquiries?

Legal Aid is representing the Marikana miners, but is concerned about the precedent this sets when it comes to commissions of inquiry.

Divorce without guilt or blame

Civil claims for damages following adultery seem dated in the light of our modern, secular morality.

The outcome of the ANC’s long-awaited KwaZulu-Natal conference was a win for the Thuma Mina crowd. (Delwyn Verasamy/M&G)

Can adultery still be seen as a crime?

Appeal court judges question why a betrayed spouse should be compensated for ‘humiliation’.