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Constitutional Court

NPA says Zuma is trying for another delay in arms deal trial
Politics
/ 20 May 2021

NPA says Zuma is trying for another delay in arms deal trial

The former president’s application to remove Billy Downer as prosecutor comes as he runs out of road in more than one legal battle

By Emsie Ferreira
Even religion has limits on its rights
Opinion
/ 8 May 2021

Even religion has limits on its rights

The constitution does protect faith — but not beyond what is reasonable

By Johann van der Westhuizen
Free state ANC not wrong for appealing judgment dissolving PEC – Mantashe
Politics
/ 26 April 2021

Free state ANC not wrong for appealing judgment dissolving PEC – Mantashe

Mantashe says it was part of the top six’s instructions to the Free State provincial leadership to file an intent to appeal its dissolution

By Lizeka Tandwa
Aspirant high court judges grilled on views of Hlophe
National
/ 23 April 2021

Aspirant high court judges grilled on views of Hlophe

The Judicial Service Commission deferred a decision on whether to suspend the Western Cape judge president. He was present, but mostly silent candidates were interviewed for the division

By Emsie Ferreira
JSC won’t axe Hlophe from selection panel
National
/ 22 April 2021

JSC won’t axe Hlophe from selection panel

The commission has dismissed three requests not to proceed with interviews for candidates for the Western Cape high court

By Emsie Ferreira
Freedom Under Law sends letter of demand to JSC on suspending Hlophe
National
/ 21 April 2021

Freedom Under Law sends letter of demand to JSC on suspending Hlophe

The letter follows the commission’s insistence that the embattled Western Cape judge president will partake in this week’s interviews of candidates

By Emsie Ferreira
Zuma’s legal team withdraws in wake of appeal court’s ruling on fees
Politics
/ 21 April 2021

Zuma’s legal team withdraws in wake of appeal court’s ruling on fees

Eric Mabuza notified the high court and NPA of his decision just weeks before the former president goes on trial for corruption

By Emsie Ferreira
JSC will deliberate Hlophe’s fate on June 4
National
/ 21 April 2021

JSC will deliberate Hlophe’s fate on June 4

The Judicial Service Commission said in a letter to the Cape Bar that the judge president would participate in interviews of aspirant judges in his division

By Emsie Ferreira
FUL mulls legal options regarding Hlophe’s presence at interviews for Western Cape bench
National
/ 20 April 2021

FUL mulls legal options regarding Hlophe’s presence at interviews for Western Cape bench

Premier Alan Winde and the Cape Bar Council asked that the interviews be postponed pending a decision on Hlophe’s fate but the JSC declined

By Emsie Ferreira
Judicial and politics intersect as new judges sought for apex court
Politics
/ 16 April 2021

Judicial and politics intersect as new judges sought for apex court

The chief justice played into the hands of Julius Malema at a point at which the judiciary is weathering a political onslaught that too shall pass

By Emsie Ferreira
Mlambo invites commentary on claims of judicial capture, again
National
/ 16 April 2021

Mlambo invites commentary on claims of judicial capture, again

A candidate for the Northern Cape bench lucidly explained in reply to the Gauteng Judge President that bribing a judge is a lottery you are bound to lose

By Emsie Ferreira
In emotive missive, Zuma says he will not provide answering affidavit to Mogoeng
Politics
/ 14 April 2021

In emotive missive, Zuma says he will not provide answering affidavit to Mogoeng

Former president Jacob Zuma on Wednesday submitted a 21-page letter to Chief Justice Mogoeng Mogoeng out of “respect”, to let the head of the Constitutional Court know that he would not be deposing an affidavit about an appropriate sanction should he be found to be in contempt of court, as Mogoeng had directed. Mogoeng had […]

By Eunice Masson
Judges Rammaka Mathopo and Mahube Molemela among five candidates for ConCourt
National
/ 14 April 2021

Judges Rammaka Mathopo and Mahube Molemela among five candidates for ConCourt

Judges Fayeeza Kathree-Setiloane, Jody Kollapen and Bashier Vally complete the list, while Dhaya Pillay fails to make the cut

By Emsie Ferreira
High court ruling to allow parents to bury unborn babies offers dignity, but not to all
Opinion
/ 14 April 2021

High court ruling to allow parents to bury unborn babies offers dignity, but not to all

The recent ruling is a step in the right direction, but it creates an arbitrary separation as to who is legally seen as human

By Ryan Smit
Hlophe cries ‘politics’ as he contests the misconduct finding against him
National
/ 14 April 2021

Hlophe cries ‘politics’ as he contests the misconduct finding against him

The Western Cape judge president has rejected the report by a judicial tribunal that lays the groundwork for his impeachment

By Emsie Ferreira
Judge Pillay tells JSC court-defying politicians threaten constitution
National
/ 13 April 2021

Judge Pillay tells JSC court-defying politicians threaten constitution

The judge, who has been singled out by former president Jacob Zuma for attack, faced scrutiny over her friendship with Pravin Gordhan

By Emsie Ferreira
ConCourt interviews tackle transformation
National
/ 13 April 2021

ConCourt interviews tackle transformation

Acting Constitutional Court Justice Rammaka Mathopo told the JSC it was ‘remiss’ that female and black lawyers were still underrepresented

By Emsie Ferreira
Misconduct finding against Hlophe means long road to possible impeachment
National
/ 12 April 2021

Misconduct finding against Hlophe means long road to possible impeachment

The Judicial Conduct Tribunal found that the Western Cape Judge President was on a mission to sway constitutional court judges

By Emsie Ferreira
Niehaus dismisses talk of nationwide shutdown
Politics
/ 7 April 2021

Niehaus dismisses talk of nationwide shutdown

The protest is reportedly in response to the ANC’s step-aside decision that affects the likes of Ace Magashule and other party heavyweights

By Eunice Masson
ConCourt orders CPS to file all records relating to its illicit profits
National
/ 1 April 2021

ConCourt orders CPS to file all records relating to its illicit profits

The court has given Cash Paymaster Services 15 days to provide all documents that will allow the treasury to calculate the sum it needs to refund the social security agency

By Emsie Ferreira
ATM loses Ramaphosa no confidence ballot court battle
Politics
/ 26 March 2021

ATM loses Ramaphosa no confidence ballot court battle

The Western Cape high court has found that Speaker Thandi Modise applied her mind when rejecting the ATM’s demand

By Emsie Ferreira
Zuma threatens uprising against courts in latest attack on judiciary
National
/ 26 March 2021

Zuma threatens uprising against courts in latest attack on judiciary

The former president’s latest invective came after the Constitutional Court heard argument from the Zondo commission that he must be jailed for aggravated contempt

By Emsie Ferreira
Prison is the only remedy for Zuma’s political defiance, Constitutional Court hears
National
/ 25 March 2021

Prison is the only remedy for Zuma’s political defiance, Constitutional Court hears

Zondo commission’s legal counsel tells top court a suspended sentence would allow the former president to run rings around the inquiry — again

By Emsie Ferreira
As Zuma’s court case looms, anti- and pro-Zuma crusades intensify
National
/ 24 March 2021

As Zuma’s court case looms, anti- and pro-Zuma crusades intensify

While the Constitutional Court prepares to hear the matter of contempt against Jacob Zuma, groups defending SA’s democracy and pro-Zuma groups take the stage

By Eunice Masson
Zondo: Lock Zuma up for contempt
National
/ 18 March 2021

Zondo: Lock Zuma up for contempt

The commission has given up hope the former president will appear before it, and says the court must now protect the constitutional order

By Emsie Ferreira
Zondo inquiry: ‘Zuma disobeyed’ and attacked ConCourt ‘in seeking to justify his disobedience’
National
/ 15 March 2021

Zondo inquiry: ‘Zuma disobeyed’ and attacked ConCourt ‘in seeking to justify his disobedience’

The commission argues that Zuma’s media statements confirm his campaign to defy the rule of law

By Emsie Ferreira
Report to JCC calls for tribunal to mull conflicting versions of judges’ damaging clash
National
/ 10 March 2021

Report to JCC calls for tribunal to mull conflicting versions of judges’ damaging clash

The tensions in the Western Cape division are likely to trigger another inquiry into Goliath’s and Salie-Hlophe’s dispute, with potentially dire consequences

By Emsie Ferreira
Mogoeng Mogoeng: A chief justice for such a time as this
Opinion
/ 9 March 2021

Mogoeng Mogoeng: A chief justice for such a time as this

The JCC’s recent ruling against the chief justice is a win for accountability that enforces the principles of judicial authority

By Dan Mafora
Zuma misses court deadline to respond to contempt application
National
/ 8 March 2021

Zuma misses court deadline to respond to contempt application

Recalcitrant former president holds virtual meeting with ANC top six

By Emsie Ferreira and Paddy Harper
Judgments and jurisprudence: Presiding over presidential petitions in Africa
Africa
/ 7 March 2021

Judgments and jurisprudence: Presiding over presidential petitions in Africa

The verdicts handed down in Kenya and Malawi set a precedent that the quality of an election and the environment in which the election is held do matter and have a bearing on the outcome, regardless of numbers

By O’Brien Kaaba
Judicial committee orders Mogoeng to apologise for SA-Israel remarks
National
/ 5 March 2021

Judicial committee orders Mogoeng to apologise for SA-Israel remarks

The JCC said that by the chief justice straying into politics, he breached the judicial conduct code and ordered him to issue an apology and retraction

By Emsie Ferreira
Panel slams Mkhwebane in a report that sets parliament on long road to impeachment
National
/ 2 March 2021

Panel slams Mkhwebane in a report that sets parliament on long road to impeachment

The public protector was wrong to think legal review was the remedy for incompetence on her part; it is, in fact, removal, an independent report concludes

By Emsie Ferreira
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