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Bar Author

Law demands creative rethinking
Article
/ 11 May 2018

Law demands creative rethinking

The outcome of the Michael Komape case illustrates the need for judges to break new ground to realise the democratic contract

By Serjeant At The and Bar Author
Zuma’s legal woes lay bare justice system vulnerabilities
Article
/ 27 March 2018

Zuma’s legal woes lay bare justice system vulnerabilities

A court should consider a punitive costs order if Zuma’s counsel continues a ‘Stalingrad defence’

By Serjeant At The and Bar Author
Tardiness, not Constitution, to blame for land crisis
Article
/ 13 March 2018

Tardiness, not Constitution, to blame for land crisis

Section 25 of the country’s supreme law is not the reason for the extremely slow pace of land reform

By Serjeant At The and Bar Author
The judgments that will shape SA’s constitutional democracy in 2018
Article
/ 6 February 2018

The judgments that will shape SA’s constitutional democracy in 2018

From Zuma to Steinhoff, the National Prosecuting Authority has its work cut out for it. But can it rise to the occasion?

By Serjeant At The and Bar Author
What will become of Shaun Abrahams when Zuma is president no more?
Article
/ 5 December 2017

What will become of Shaun Abrahams when Zuma is president no more?

The fate of the National Prosecuting Authority could be determined at the ANC national conference

By Serjeant At The and Bar Author
Public institutions remain at the core of state capture rot
Article
/ 31 October 2017

Public institutions remain at the core of state capture rot

SA Titanic needs to do a 180˚ turn in record time if the country is to be rescued from the quagmire

By Serjeant At The and Bar Author
Courts could be called on to query Seriti commission
Article
/ 28 April 2016

Courts could be called on to query Seriti commission

Commissions of inquiry rarely live up to the expectations of those who have demanded their establishment.

By Serjeant At The and Bar Author
Hlophe matter must finally be laid to rest
Analysis
/ 17 March 2016

Hlophe matter must finally be laid to rest

South Africa’s “judicial image cannot afford to be further tarnished in this manner”.

By Serjeant At The and Bar Author
The Bench’s default is still set to ‘male’
Analysis
/ 3 October 2015

The Bench’s default is still set to ‘male’

Real solutions to deal with the underlying causes of skewed gender demographics must be found.

By Serjeant At The and Bar Author
South Africa must choose between accountability and blind trust
Article
/ 17 July 2015

South Africa must choose between accountability and blind trust

Mogoeng’s statement was by far the most sustained and tenacious defence of the judicial institution by a sitting chief justice.

By Serjeant At The and Bar Author
Tweets, race card don’t cut it – JSC
Analysis
/ 14 May 2015

Tweets, race card don’t cut it – JSC

‘Analysis’ claiming that the judge in the Shrien Dewani trial was biased has been dismissed.

By Serjeant At The and Bar Author
Judicial activism can’t just flout the Constitution
Article
/ 9 April 2015

Judicial activism can’t just flout the Constitution

An appeal court ruling shows how comparative law can go against the tenets of our democracy.

By Serjeant At The and Bar Author
Crude use of power is cause for concern
Article
/ 27 March 2015

Crude use of power is cause for concern

The refusal to listen to the voices of others is a fundamental threat to constitutional democracy.

By Serjeant At The and Bar Author
NPA probe should assess whether Zuma is to blame for the mess
Article
/ 24 July 2014

NPA probe should assess whether Zuma is to blame for the mess

The National Prosecuting Authority is too important to be captured by a faction. A transparent, comprehensive inquiry is now essential.

By Serjeant At The and Bar Author
Nkandla secrecy: A symptom of democracy in decline
Analysis
/ 28 November 2013

Nkandla secrecy: A symptom of democracy in decline

The public still cannot read Thuli Madonsela’s Nkandla report and the investigation into Arno Lamoer appears to have reached a standstill.

By Serjeant At The and Bar Author
Mdluli judgment holds major implications for Zuma
Article
/ 3 October 2013

Mdluli judgment holds major implications for Zuma

Although the Mdluli case has received much comment, its importance deserves another look.

By Serjeant At The and Bar Author
No-confidence issue sheds light on Constitutional Court’s divides
Analysis
/ 6 September 2013

No-confidence issue sheds light on Constitutional Court’s divides

The approach to the concept of a motion of no confidence between the majority and the minority of the court is a stark and notable one.

By Serjeant At The and Bar Author
Female talent does not get a foot in highest court’s door
Article
/ 7 December 2012

Female talent does not get a foot in highest court’s door

The past two weeks have focused attention on the failure of our political system to resolve political disputes and a consequent rush to litigation.

By Serjeant At The and Bar Author
Greater transparency could encourage better JSC appointments
Article
/ 23 November 2012

Greater transparency could encourage better JSC appointments

The Judicial Service Commission appears to have a consistent ability to be in the news for all the wrong reasons.

By Serjeant At The and Bar Author
NPA’s defiance shows institutional disrespect for law
Article
/ 9 November 2012

NPA’s defiance shows institutional disrespect for law

Mac Maharaj did his best to spin President Jacob Zuma’s withdrawal of his legal action against Jonathan Shapiro.

By Serjeant At The and Bar Author
Race-based bequest sets ugly precedent
Article
/ 25 October 2012

Race-based bequest sets ugly precedent

As expected, the recent hearings of the Judicial Service Commission again cast the spotlight on the criteria for judicial appointment.

By Serjeant At The and Bar Author
Simelane case shows need for rational executive decisions
Article
/ 11 October 2012

Simelane case shows need for rational executive decisions

The government might have thought that, after the ConCourt delivered its judgment Sanral’s e-tolling matter, a new era had been ushered in.

By Serjeant At The, Bar Author and Tim Spira
E-tolling case an opportunity for Concourt to define its ambit
Article
/ 28 September 2012

E-tolling case an opportunity for Concourt to define its ambit

Last week the Constitutional Court surprised few in the legal community when it overturned the high court order of Judge Bill Prinsloo.

By Serjeant At The and Bar Author
NPA loses the most in calling for murder charge against miners
Article
/ 14 September 2012

NPA loses the most in calling for murder charge against miners

Within a few days of the NPA announcement that it was dropping charges of murder against 270 Lonmin miners, a spoof had made its way on the internet.

By Serjeant At The and Bar Author
Marikana reflects a democracy in grave danger
Article
/ 30 August 2012

Marikana reflects a democracy in grave danger

The survival and development of constitutional democracy depends ultimately on establishing a social practice that shapes the way people behave.

By Serjeant At The and Bar Author
When public interest could trump NPA confidentiality
Analysis
/ 17 August 2012

When public interest could trump NPA confidentiality

Mac Maharaj has raised an important point about the NPA. Certainly, if members are acting outside the law it is hugely worrying.

By Serjeant At The and Bar Author
Nationalisation: There is no common law right to exploit minerals
Article
/ 26 July 2012

Nationalisation: There is no common law right to exploit minerals

The debate about the nationalisation of SA mines continues merrily but it is taking place in astounding ignorance of the actual legal position.

By Serjeant At The and Bar Author
The historical case for an independent judiciary
Article
/ 21 June 2012

The historical case for an independent judiciary

Viewed from the context of SA in 2012, Common Purpose reminds us of apartheid brutality, FW de Klerk’s recent protestations notwithstanding.

By Serjeant At The and Bar Author
Elitist attacks imperil change
Analysis
/ 7 June 2012

Elitist attacks imperil change

The political tsunami generated by "The Spear" has begun to subside, so there is some relative calm in which to assess the consequences of the outcry.

By Serjeant At The and Bar Author
Dragging politics into the courts takes its e-toll on South Africa
Analysis
/ 24 May 2012

Dragging politics into the courts takes its e-toll on South Africa

The government’s obvious displeasure with the courts should not be a sufficient excuse to avoid debate on the appropriate scope for judicial activity.

By Serjeant At The and Bar Author
A clique too many for constitutional democracy
Analysis
/ 11 May 2012

A clique too many for constitutional democracy

South Africa should be wary of a country run by securocrats as during the rule of PW Botha.

By Serjeant At The and Bar Author
JSC choices leave a lot to be explained
Article
/ 15 November 2010

JSC choices leave a lot to be explained

Omission of fine silks raises issues of criteria.

By Serjeant At The and Bar Author

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