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Constitution

Can courts choose between the law and its consequences?
Opinion
/ 4 November 2022

Can courts choose between the law and its consequences?

Judicial officers swear to administer justice ‘without fear, favour or prejudice’, but must consider the needs of society and what is practically doable

By Johann van der Westhuizen
Dis-Chem debacle: Is transformation in SA regressing?
Opinion
/ 20 October 2022

Dis-Chem debacle: Is transformation in SA regressing?

The row over Dis-Chem’s letter placing a freeze on hiring white employees raises pertinent issues

By Zama Ndlovu
Evictions: Law doesn’t protect unlawful occupiers’ economic interests
Opinion
/ 17 October 2022

Evictions: Law doesn’t protect unlawful occupiers’ economic interests

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act requires only that evictees be provided with alternative accommodation

By Sithelo Magagula
Much to learn from the political transitions in South Africa and Colombia
Opinion
/ 16 October 2022

Much to learn from the political transitions in South Africa and Colombia

Social cohesion and reconciliation cannot be signed into being with new Constitutions but need to be worked on

By John Bonilla-Aranzales
Heritage day: A reminder of the communal promise to work towards an equality for all country
Opinion
/ 20 September 2022

Heritage day: A reminder of the communal promise to work towards an equality for all country

Acknowledging the plurality of perspectives, opinions, priorities, emotions and interests of the different travelers on our transformation road is vital

By Nico Koopman
DA appeals Mkhwebane ruling, Ramaphosa about to do same
Politics
/ 12 September 2022

DA appeals Mkhwebane ruling, Ramaphosa about to do same

The official opposition says the high court was wrong to conclude that the suspension was rushed and tainted by bias

By Emsie Ferreira
Have South Africans lost the ability to be offended or must we be intolerant of intolerance?
Opinion
/ 12 September 2022

Have South Africans lost the ability to be offended or must we be intolerant of intolerance?

For us to have a truly reconciled country, those who practice hate speech need to be held to account for their actions

By Felicity Harrison
How many indications of incompetence or misconduct are needed to remove a public protector?
Opinion
/ 9 September 2022

How many indications of incompetence or misconduct are needed to remove a public protector?

The public protector does not have to be fit and proper but must be competent and honest

By Johann van der Westhuizen
Why it would be prudent to keep judges off Ramaphosa impeachment panel
Politics
/ 3 September 2022

Why it would be prudent to keep judges off Ramaphosa impeachment panel

The reputation of the judiciary could suffer in the political repercussions of the process

By Mbekezeli Benjamin
Apartheid-era high court boundaries to shift
National
/ 27 August 2022

Apartheid-era high court boundaries to shift

The boundaries and jurisdictions of high courts in Transkei Bophuthatswana, Venda and Ciskei have never been changed

By Ray Hartle
For the law to rule, it must be applied
Opinion
/ 5 August 2022

For the law to rule, it must be applied

Mere forgiving and forgetting based on a lack of political will, incompetence, laziness, corrupt motives or even universal love, is not on

By Johann van der Westhuizen
Constitutional court upholds ban on foreigners practising law in South Africa
National
/ 2 August 2022

Constitutional court upholds ban on foreigners practising law in South Africa

The prohibition in the Legal Practice Act did not amount to unfair discrimination because it sought to achieve a legitimate government objective of restricting a profession for citizens and permanent residents, the court held

By Emsie Ferreira
Mine blasting is a constitutional rights issue
Opinion
/ 2 August 2022

Mine blasting is a constitutional rights issue

The noise, dust and shockwaves from blasts harm people’s health and infrastructure

By Danjelle Midgley
Preserving the rule of law in times of political crisis
Opinion
/ 1 August 2022

Preserving the rule of law in times of political crisis

This is an edited version of the Inaugural Arthur Chaskalson Memorial Lecture delivered at the Equal Education Law Centre

By Tembeka Ngcukaitobi
Youth speaking to power: Act on climate change now
Opinion
/ 18 July 2022

Youth speaking to power: Act on climate change now

South Africa’s young people can no longer stand by and watch as the older generation fails to take action on climate change

By Tatenda Muponde and Khumo Lesele
Basic education sector marred by a lack of political will
Opinion
/ 13 July 2022

Basic education sector marred by a lack of political will

Despite a number of laws being in place to ensure education is equal and accessible not all children enjoy this right

By Bhaso Ndzendze and Lawrence Manaka
Pride is a heavy price to pay
Opinion
/ 25 June 2022

Pride is a heavy price to pay

While constitutionally protected, the LGBTQIA+ community is being failed by the state

By Nico De Jager
Make miscreant leaders pay for broken municipalities
Opinion
/ 23 June 2022

Make miscreant leaders pay for broken municipalities

High court action targeting the municipal manager or other leaders will send a message that mismanagement is not acceptable

By Philip Machanick
OPINION | Outrage followed a white student peeing on a black student but government pees on people’s constitutional rights
Opinion
/ 28 May 2022

OPINION | Outrage followed a white student peeing on a black student but government pees on people’s constitutional rights

It’s right to be angry about a white student peeing on a black student’s books, but what about poor people who have to live close to urine and faeces

By Hugo ka Canham
Street traders play a vital role in South Africa: How their rights can be protected
Opinion
/ 12 May 2022

Street traders play a vital role in South Africa: How their rights can be protected

The South African informal economy accounts for 17% of employment. Street trading is the largest, and sells a vast range of products.

By Nonhlanhla Ngcobo & Anél du Plessis
OPINION| Are some rights more equal than others?
Opinion
/ 6 May 2022

OPINION| Are some rights more equal than others?

There’s a tendency to blame the Constitution for not rectifying the nasty twins of poverty and inequality, but it and the courts cannot build houses, schools and a strong economy

By Johann van der Westhuizen
Operation Dudula, Afrophobia and the quest for human rights
Africa
/ 29 March 2022

Operation Dudula, Afrophobia and the quest for human rights

The ongoing Afrophobic behaviour in our country is misdirected anger and frustration at the fact that black South Africans still have to make do with welfare crumbs

By Vusi Gumbi
This is a call to inform people about the law to initiate change
Opinion
/ 28 March 2022

This is a call to inform people about the law to initiate change

The government, civil society organisations and public and private institutions need to take the initiative

By Sibongile Khosa
Nonbinary? SA’s census excludes you
Opinion
/ 3 March 2022

Nonbinary? SA’s census excludes you

In legal history male terminology shifted after centuries to include females, but now we need to use nonbinary pronouns to include sexual identity

By Johann van der Westhuizen
Unshackle the Constitution from a constricting political culture
National
/ 22 February 2022

Unshackle the Constitution from a constricting political culture

Political culture, and not the Constitution, is an impediment to a better life for all South Africans

By Jan Hofmeyr
2022 census discriminates against LGBTQIA+ community
National
/ 18 February 2022

2022 census discriminates against LGBTQIA+ community

LGBTQIA+ organisations have accused Stats SA of being discriminatory for excluding transgender, non-binary and intersex categories in a question relating to sex

By Cassandra Roxburgh
Sona 2022: ‘Don’t tear our democracy apart’, says Ramaphosa
National
/ 10 February 2022

Sona 2022: ‘Don’t tear our democracy apart’, says Ramaphosa

The president promised that the state will act on the findings of the Zondo commission and vowed to cut red tape to facilitate job creation

By Emsie Ferreira
Open Letter to President Thabo Mbeki – Recommitting ourselves to nation building
Opinion
/ 9 February 2022

Open Letter to President Thabo Mbeki – Recommitting ourselves to nation building

‘We will engage in a rugged struggle to ensure that all those who are implicated in the State Capture report are brought to book’

By Kefentse Mkhari
Environment minister in crosshairs over proposed amendment to environmental regulations
The Green Guardian
/ 9 February 2022

Environment minister in crosshairs over proposed amendment to environmental regulations

The proposed change will make it impossible for civil society, or their lawyers, to appeal environmental authorisations without using the services of a costly environmental assessment practitioner

By Sheree Bega
Redistribution of land remains a man’s world in South Africa
Opinion
/ 6 February 2022

Redistribution of land remains a man’s world in South Africa

Legislation and political will are needed to set land targets that consider the needs of women

By Monty Fynn and Cecile van Schalkwyk
We need to think critically but honestly about our legal future
Opinion
/ 5 February 2022

We need to think critically but honestly about our legal future

To survive our many problems we require creative thinking, with integrity; not vulgar populism as a blunt tool to capture power and glory

By Johann van der Westhuizen
India today: A place between hope and despair
Opinion
/ 31 January 2022

India today: A place between hope and despair

Diversity is especially meant to be celebrated on India’s Republic Day, 26 January. But another legacy haunts the Indian republic — the colonial policy of divide and rule, of ethnonationalism, and religious polarisation

By Ruchi Chaturvedi
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