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Constitutional Court

Landmark concourt decision overturns the duel over dual citizenship
Thought Leader
/ 13 May 2025

Landmark concourt decision overturns the duel over dual citizenship

The constitutional court found that section 6(1)(a) of the South African Citizenship Act is unconstitutional as it infringes the right to citizenship and, consequentially, other constitutional rights.

By Wilmien van Biljon & Peter Michaels
Mbalula: No longer a need to chant ‘Kill the Boer, Kill the Farmer’
Politics
/ 28 March 2025

Mbalula: No longer a need to chant ‘Kill the Boer, Kill the Farmer’

The ANC secretary general said the ANC would not water it down to ‘Kiss the Boer’, nor would it prescribe to other parties what they must sing

By Lunga Mzangwe
Him or me: How abused women are criminalised
Thought Leader
/ 25 March 2025

Him or me: How abused women are criminalised

A constitutional challenge to the Mandatory Minimum Sentences Regime and the Criminal Law Amendment Act aims to show that these Acts fail to consider the effects of prolonged violence against women by an intimate partner

By Lee-Anne Gaertner
Expropriation Act: Van Staden misrepresents the Constitution and the law
Article
/ 12 February 2025

Expropriation Act: Van Staden misrepresents the Constitution and the law

‘Nil compensation’ in the Expropriation Act is a legally and constitutionally sound tool that parliament has chosen to use to achieve legitimate governmental ends

By Dan Mafora
Politics will continue to play out in courts in 2025
Politics
/ 20 January 2025

Politics will continue to play out in courts in 2025

From parliament’s rejection of the Phala Phala report to the president’s signing of the NHI Act, the courts are again due to pronounce on consequential political acts

By Emsie Ferreira
Chris Hani’s killer Walus to be deported to Poland
Politics
/ 6 December 2024

Chris Hani’s killer Walus to be deported to Poland

The decision comes at the end of the parole period of the man who murdered the community party leader in 1993

By Emsie Ferreira
It’s war as Zuma, MK party try to ‘strategically’ strip Malema and EFF of autonomy
Politics
/ 29 November 2024

It’s war as Zuma, MK party try to ‘strategically’ strip Malema and EFF of autonomy

ATM president Vuyo Zungula believes the so-called progressive caucus will survive the tensions between the two parties

By Lunga Mzangwe and Mandisa Nyathi
Phala Phala: The power and the peril of judicial review
Editorial
/ 29 November 2024

Phala Phala: The power and the peril of judicial review

The stakes are high in the Economic Freedom Fighter’s (EFF’s) bid to compel the National Assembly to impeach President Cyril Ramaphosa on charges flowing from the theft of foreign currency concealed at his farm.

By Editorial
EFF tells concourt sparing Ramaphosa impeachment was unlawful
Politics
/ 26 November 2024

EFF tells concourt sparing Ramaphosa impeachment was unlawful

The president’s lawyers counter that the Economic Freedom Fighter’s Phala Phala case is rooted in politics, not law

By Emsie Ferreira
Cannabis master plan moved from agriculture to trade and industry ministry
National
/ 26 November 2024

Cannabis master plan moved from agriculture to trade and industry ministry

New legislation could be brought before parliament in the coming session

By Paddy Harper
Mkhwebane takes lament on SCA justices to Concourt
Politics
/ 12 November 2024

Mkhwebane takes lament on SCA justices to Concourt

The former public protector has asked the court for leave to challenge the dismissal of a moot appeal and to rebuke judges for criticism of Dali Mpofu

By Emsie Ferreira
How the commission that disciplines judges in Zambia has gone rogue
Thought Leader
/ 24 October 2024

How the commission that disciplines judges in Zambia has gone rogue

The Judicial Complaints Commission has elevated itself far above the Constitution

By Sishuwa Sishuwa
Judicial Service Commission hears plea for judicial rethink on land reform
National
/ 8 October 2024

Judicial Service Commission hears plea for judicial rethink on land reform

Judge Susannah Cowen said South Africa was waiting for land justice and the constitutional court should lead the way

By Emsie Ferreira
Hlophe vows to fight on despite concourt set-back
Politics
/ 21 August 2024

Hlophe vows to fight on despite concourt set-back

The impeached judge and uMkhonto weSizwe party MP said he would turn to the high court to challenge his removal from the bench

By Emsie Ferreira
Zondo’s office re-advertises vacancy at the constitutional court
National
/ 31 July 2024

Zondo’s office re-advertises vacancy at the constitutional court

A dearth of candidates has repeatedly left the Judicial Service Commission unable to fill a post created by the retirement of Justice Sisi Khampepe

By Emsie Ferreira
Ramaphosa names Maya as the next chief justice
National
/ 25 July 2024

Ramaphosa names Maya as the next chief justice

In succeeding Chief Justice Raymond Zondo, the former appellate court president will become the first woman to head the judiciary

By Emsie Ferreira
DA asks high court to overturn John Hlophe’s appointment to JSC
Politics
/ 23 July 2024

DA asks high court to overturn John Hlophe’s appointment to JSC

The party argues that the ANC was wrong about the law when it saw no legal impediment to his appointment

By Emsie Ferreira
Former judge Nkola Motata asks Concourt to overturn his impeachment
National
/ 17 July 2024

Former judge Nkola Motata asks Concourt to overturn his impeachment

The president’s decision to remove him from the bench was flawed, Motata said, because the National Assembly was misled when it took a vote that triggered this step

By Emsie Ferreira
National Assembly appoints impeached John Hlophe to Judicial Service Commission
National
/ 9 July 2024

National Assembly appoints impeached John Hlophe to Judicial Service Commission

The Democratic Alliance objected but the ANC accepted his nomination on the basis that no law or rule of parliament barred him from serving on the JSC

By Emsie Ferreira
Hlophe to become MK party’s parliamentary leader
National
/ 21 June 2024

Hlophe to become MK party’s parliamentary leader

He is turning to politics months after he was impeached by the legislature for trying to influence judges in Jacob Zuma’s favour

By Emsie Ferreira
Concourt dismisses MK’s urgent application to stop National Assembly sitting
Politics
/ 13 June 2024

Concourt dismisses MK’s urgent application to stop National Assembly sitting

The court said the party’s 11th hour application was without merit

By Emsie Ferreira
MK party asks concourt to order fresh elections
Politics
/ 11 June 2024

MK party asks concourt to order fresh elections

The party argues that the May vote was marred by material irregularities and demands a rerun within 90 days

By Emsie Ferreira
Jacob Zuma’s MK party off to ConCourt to try interdict first sitting of parliament
Politics
/ 10 June 2024

Jacob Zuma’s MK party off to ConCourt to try interdict first sitting of parliament

The party said its MPs would boycott the National Assembly in a bid to rob the chamber of legal standing when it elects the president

By Emsie Ferreira
Concourt agrees to hear EFF challenge on Phala Phala
National
/ 4 June 2024

Concourt agrees to hear EFF challenge on Phala Phala

Cyril Ramaphosa’s counsel has countered that the case is stillborn because the National Assembly had a right to reject the findings of the Ngcobo panel

By Emsie Ferreira
The IEC was short of money and time ahead of polls
National
/ 31 May 2024

The IEC was short of money and time ahead of polls

It faced budget cuts, the burden of an amended electoral system and a legal challenge from Jacob Zuma

By Emsie Ferreira and Lyse Comins
How could you get it so wrong, Lamola asks Zondi on Zuma ruling
Politics
/ 22 May 2024

How could you get it so wrong, Lamola asks Zondi on Zuma ruling

The minister confronted the future deputy president of the SCA on the electoral court’s overturned judgment on Jacob Zuma’s eligibility for parliament

By Emsie Ferreira
Maya proposes increasing number of Concourt judges to 15
National
/ 21 May 2024

Maya proposes increasing number of Concourt judges to 15

The deputy chief justice also called for the court to be allowed to sit in panels and for full administrative and financial independence for the judiciary

By Emsie Ferreira
Constitutional court rules Jacob Zuma cannot stand for parliament
National
/ 20 May 2024

Constitutional court rules Jacob Zuma cannot stand for parliament

The apex court held that his 15-month sentence disqualified him in terms of the Constitution and that the remission of the jail term did not alter that fact

By Emsie Ferreira
Concourt asks electoral commission and MK party for further submissions in Zuma case
National
/ 14 May 2024

Concourt asks electoral commission and MK party for further submissions in Zuma case

The court wants the parties’ views, by Tuesday, on whether IEC commissioner Janet Love should have recused herself from the decision on Jacob Zuma’s eligibility

By Emsie Ferreira
Electoral commission tells concourt all Zuma’s arguments against ineligibility are wrong
National
/ 10 May 2024

Electoral commission tells concourt all Zuma’s arguments against ineligibility are wrong

The hearing of the IEC’s appeal to the electoral court’s finding that Zuma was eligible for parliament saw a tense exchange between counsel and the bench

By Emsie Ferreira
Concourt judges dismiss Zuma’s recusal application
National
/ 10 May 2024

Concourt judges dismiss Zuma’s recusal application

The former president’s legal team alleged a reasonable fear of bias but faced an uphill battle in persuading judges to recuse themselves from deciding if he is eligible for parliament

By Emsie Ferreira
Jacob Zuma approaches Concourt in bid to revive private prosecution of Billy Downer
National
/ 9 May 2024

Jacob Zuma approaches Concourt in bid to revive private prosecution of Billy Downer

The former president has approached the apex court for leave to appeal the striking down of his bid to charge the prosecutor in his arms deal case

By Emsie Ferreira
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