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Constitution

We need to re-examine Albert Luthuli’s ethos and principles to truly realise freedom
Opinion
/ 14 November 2021

We need to re-examine Albert Luthuli’s ethos and principles to truly realise freedom

People continue to suffer from among other things unemployment, poor quality education, unaffordable health care and gender-based violence

By Puleng Segalo, Wiseman Mbatha and Akhona Ndzuta
How South Africa shaped a world-leading constitution
Opinion
/ 27 October 2021

How South Africa shaped a world-leading constitution

As part of the 40th anniversary of the Canon Collins Trust, Justice Mavedzenge spoke to Albie Sachs about the legacy of apartheid-era legal activism for Southern Africa

By Justice Mavedzenge
Almost 7 000 children receive Pfizer shot on first day for under-18s
Coronavirus
/ 21 October 2021

Almost 7 000 children receive Pfizer shot on first day for under-18s

More than 39 000 young people had registered on the government’s database by 4pm on Wednesday

By Marcia Zali
Chapter 2.19: Coalitions and oppositions
Podcasts
/ 20 October 2021

Chapter 2.19: Coalitions and oppositions

Journalists Emsie Ferreira and Lizeka Tandwa chat to Mmusi Maimane, Paul Berkowitz and Narend Singh about the state of the opposition

By M&G Listen
Covid-19 a stress-test for legislative emergency provisions in African countries
Africa
/ 14 October 2021

Covid-19 a stress-test for legislative emergency provisions in African countries

Research by a Cape-based academic centre found that the implementation of legislative provisions was done selectively in South Africa, Mozambique, Kenya, Malawi and Zambia

By Marcia Zali
Hate Crimes and Hate Speech Bill contradicts the constitution
Opinion
/ 13 October 2021

Hate Crimes and Hate Speech Bill contradicts the constitution

The draft Bill proposes to shield academics and scholars who propagate racist and bigoted ideas

By Savo Heleta
Chapter 2.19: Riots, violence and elections – a political podcast
Podcasts
/ 13 October 2021

Chapter 2.19: Riots, violence and elections – a political podcast

In this episode, veteran journalist Paddy Harper and political journalist Lizeka Tandwa chat to Mawethu Mosery and Vasu Gounden about riots and the elections

By M&G Listen
Zondo pays tribute to former chief justice Mogoeng
National
/ 12 October 2021

Zondo pays tribute to former chief justice Mogoeng

During his watch the judiciary proved itself the proud guardian of the constitution, Zondo said, as Mogoeng slipped into retirement after a tumultuous decade

By Emsie Ferreira
Covid-19 vaccine mandates: A constitutional balancing act
Coronavirus
/ 27 September 2021

Covid-19 vaccine mandates: A constitutional balancing act

South Africa’s laws allow the government to implement mandatory Covid vaccinations but, if it chooses this path, it must do so responsibly

By Safura Abdool Karim
International Day of Sign Languages: South African sign language must be promoted
Education
/ 23 September 2021

International Day of Sign Languages: South African sign language must be promoted

The Schools Act considers South African sign language as an official language for the purposes of learning in a public school

By Theo du Plessis
Ipsos survey points to 49.3% support for ANC in local government elections
Politics
/ 7 September 2021

Ipsos survey points to 49.3% support for ANC in local government elections

It is still unclear how discontent with politics, and the effects of Covid-19, will affect voter turnout, according to research company Ipsos

By Chris Gilili
Who the State Security Agency reports to should not depend on current roleplayers
Opinion
/ 4 September 2021

Who the State Security Agency reports to should not depend on current roleplayers

Whether national security should be located inside or outside the presidency must be considered based on functionality and constitutional values

By Johann van der Westhuizen
MPs condemn mandatory vaccinations for employees
National
/ 3 September 2021

MPs condemn mandatory vaccinations for employees

President Cyril Ramaphosa told parliament that nobody should be forced to have the vaccine, but constitutional rights were not absolute

By Tunicia Phillips
Kenyan judges stop president’s reforms as attempt to ‘dismember’ the constitution
Africa
/ 25 August 2021

Kenyan judges stop president’s reforms as attempt to ‘dismember’ the constitution

The Court of Appeal of Kenya has upheld the High Court’s ruling that attempts to overhaul the country’s constitution violated its basic structures

By Richard Albert
Mpofu-Walsh’s book ‘The New Apartheid’ misses the point on common and contract law
Opinion
/ 22 August 2021

Mpofu-Walsh’s book ‘The New Apartheid’ misses the point on common and contract law

Dr Sizwe Mpofu-Walsh’s characterisation of the constitution and the law of contract as being ideologically at odds is inaccurate

By Dan Mafora and Sfiso Nxumalo
Covid controls limit our freedom, but free choices are rarely free
Opinion
/ 14 August 2021

Covid controls limit our freedom, but free choices are rarely free

Dissident views on masks and vaccines should be heard but until science rules them wrong, it’s best to follow scientists’ advice

By Johann van der Westhuizen
Hate speech law to be more clearly defined
National
/ 10 August 2021

Hate speech law to be more clearly defined

While the Constitutional Court has agreed that certain sections of the Equality Act are unconstitutional, it has decided the issue of whether Jon Qwelane was guilty of hate speech

By Musawenkosi Cabe
Magashule claims his suspension of Ramaphosa was lawful
Politics
/ 2 August 2021

Magashule claims his suspension of Ramaphosa was lawful

In his application for leave to appeal the high court judgment, Magashule argues that the court erred in holding that Ramaphosa’s suspension was not lawful without giving any explanation for that conclusion

By Lizeka Tandwa
RECAP: Mbeki tells ANC that land without compensation goes against the party’s Freedom Charter
Politics
/ 2 August 2021

RECAP: Mbeki tells ANC that land without compensation goes against the party’s Freedom Charter

‘This would be a very serious disincentive to investment,’ says Thabo Mbeki in a document arguing that the ANC should not proceed with the Constitutional amendment of section 25

By Lizeka Tandwa
The effects of the recent looting on South Africa’s young democracy
Opinion
/ 22 July 2021

The effects of the recent looting on South Africa’s young democracy

Rebuilding is crucial, but democracies cannot allow themselves to be held to ransom by the destruction of anarchists in dictating where public funds should be spent

By Lubabalo Oscar Mabuyane
Moseneke recommends local elections be delayed until February 2022
Politics
/ 20 July 2021

Moseneke recommends local elections be delayed until February 2022

‘It is not reasonably possible or likely that the local government election scheduled for October 2021 will be held in a free and fair manner’ – Justice Dikgang Moseneke

By Lizeka Tandwa
NPA opposes last-minute bid by Zuma to postpone arms deal hearing
National
/ 19 July 2021

NPA opposes last-minute bid by Zuma to postpone arms deal hearing

The state argues Zuma’s rights as an accused will not be violated if his bid for prosecutor Billy Downer’s removal and his acquittal is heard virtually

By Emsie Ferreira
Law-abiding licenced gun owners are not responsible for violent crime
Opinion
/ 13 July 2021

Law-abiding licenced gun owners are not responsible for violent crime

Proposed bill to ban private gun ownership contradicts research and impact assessment findings

By Tim Hughes
No room for the state in a marriage
Opinion
/ 6 July 2021

No room for the state in a marriage

A major review of South African marriage law is underway and we must ensure that the proposed reforms reflect the democratic values of our pluralistic society

By Liesl Pretorius
Zuma gives his own version of events, detailing why he won’t turn himself in to begin his jail sentence
Politics
/ 4 July 2021

Zuma gives his own version of events, detailing why he won’t turn himself in to begin his jail sentence

In an address to his supporters, the former president referred to a conspiracy against him, involving Thuli Madonsela, the judiciary and his political rivals

By Lizeka Tandwa and Emsie Ferreira
Litigation lust not the only way to resolve disputes
Opinion
/ 3 July 2021

Litigation lust not the only way to resolve disputes

Courts do have a crucial role in political cases but alternative dispute resolution mechanisms should be considered

By Johann van der Westhuizen
ConCourt to hear Zuma’s rescission application on 12 July
National
/ 3 July 2021

ConCourt to hear Zuma’s rescission application on 12 July

The commission will oppose the former president’s application and was directed to file papers to the court next week

By Emsie Ferreira
DA calls for elections to be held in October, EFF wants them postponed to March 2022
Politics
/ 2 July 2021

DA calls for elections to be held in October, EFF wants them postponed to March 2022

The electoral commission heard that delaying local government elections will be an assault on democracy and that people’s lives should not be put at risk during the Covid crisis

By Chris Gilili
SCA overturns ruling that held level-four lockdown regulations were unconstitutional
National
/ 1 July 2021

SCA overturns ruling that held level-four lockdown regulations were unconstitutional

The initial challenge to the restrictions was so vaguely argued that the high court appeared to have chosen to see a case where there was none, the SCA found

By Emsie Ferreira
‘Postpone the elections and spare lives,’ Motsoeneng tells inquiry
National
/ 1 July 2021

‘Postpone the elections and spare lives,’ Motsoeneng tells inquiry

Inquiry leader and former deputy chief justice Dikgang Moseneke emphasised the need for democratic processes not to falter because of the pandemic.

By Chris Gilili
Cuban engineers ‘displace’ local scientists on state bursaries
National
/ 27 June 2021

Cuban engineers ‘displace’ local scientists on state bursaries

South African scientists’ contracts were allegedly not renewed because of a funding gap

By Khaya Koko and Eunice Masson
Born in jubilation, South Africa’s constitution faces a test 25 years later
Opinion
/ 24 June 2021

Born in jubilation, South Africa’s constitution faces a test 25 years later

Democracy is everyone’s responsibility to defend. Now is a critical time to double up efforts to guard this nation’s constitutional integrity

By Hanifa Manda
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