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Constitutional Court

​ConCourt scrutinises interim interdicts in public protector ‘rogue unit’ case
Article
/ 29 November 2019

​ConCourt scrutinises interim interdicts in public protector ‘rogue unit’ case

During the hearing the justices of the ConCourt grappled with some of the legal questions posed by its earlier decision in the infamous Nkandla case

By Franny Rabkin
You can’t beat discipline into a child
Article
/ 4 October 2019

You can’t beat discipline into a child

Children displaying aberrant behaviour have often been traumatised and require counselling

By Ellapen Rapiti
The Constitutional Court’s spanking judgment does not pander to public opinion
Article
/ 20 September 2019

The Constitutional Court’s spanking judgment does not pander to public opinion

"We have a painful and shameful history of widespread and institutionalised violence."

By Franny Rabkin
A day for getting high on emotion
Article
/ 20 September 2019

A day for getting high on emotion

September 18: the day dagga was decriminalised and the day that the ConCourt reconfirmed beating a child is illegal

By Paddy Harper
Mandela Foundation approaches ConCourt over apartheid flag tweet ruling
Article
/ 17 September 2019

Mandela Foundation approaches ConCourt over apartheid flag tweet ruling

The Nelson Mandela Foundation said in court papers that the high court got it wrong in a number of respects

By Franny Rabkin
Zukisa Tshiqi: The quiet fighter
Article
/ 13 September 2019

Zukisa Tshiqi: The quiet fighter

The recently appointed Constitutional Court judge firmly believes in the power of listening

By Franny Rabkin
Banks bungle sale of houses
Article
/ 12 September 2019

Banks bungle sale of houses

Banks aren’t following procedure in selling the primary dwellings of people whose properties are in foreclosure. But changes to the rules brings hope

By Musawenkosi Cabe
Despite her withdrawal, Ramaphosa still wants ConCourt to hear Mkhwebane’s appeal
Article
/ 3 September 2019

Despite her withdrawal, Ramaphosa still wants ConCourt to hear Mkhwebane’s appeal

The president says a decision by the Constitutional Court will put an end to a “vituperative” public debate

By Franny Rabkin
State’s failures impede land reform
Article
/ 30 August 2019

State’s failures impede land reform

Scathing Constitutional Court judgment bemoans land reform department’s inability to get job done in time

By Timothy Fish Hodgson
An open letter of thanks to Justice Edwin Cameron
Article
/ 29 August 2019

An open letter of thanks to Justice Edwin Cameron

Twenty-five years on from our first democratic election, the need for role models for young queer people is felt now more than ever

By Keval Harie
Are critics of the judiciary legitimate or dangerous?
Article
/ 26 August 2019

Are critics of the judiciary legitimate or dangerous?

As a branch of government, the courts must naturally be accountable for the exercise of their power

By Hugh Corder
Public Protector, EFF head straight to ConCourt over interdict of ‘rogue unit’ report
Article
/ 20 August 2019

Public Protector, EFF head straight to ConCourt over interdict of ‘rogue unit’ report

Advocate Busisiwe Mkhwebane and EFF leader Julius Malema say guidance is needed from the highest court in the land

By Franny Rabkin
Mkhwebane has done more damage than any other PP, Gordhan argues
Article
/ 24 July 2019

Mkhwebane has done more damage than any other PP, Gordhan argues

The case — heard in the Pretoria high court on Tuesday — was Part A in Gordhan’s bid to set aside the Public Protector’s ‘rogue unit’ report

By Franny Rabkin
ConCourt finds against Mkhwebane, says she must pay costs in her personal capacity
Article
/ 22 July 2019

ConCourt finds against Mkhwebane, says she must pay costs in her personal capacity

The judgment is a boost for Public Enterprises Minister Pravin Gordhan who is litigating against Mkhwebane in two separate cases

By Franny Rabkin
Prasa eyes iced company for its billions
Article
/ 12 July 2019

Prasa eyes iced company for its billions

The state’s rail agency is pursuing a liquidated company, Swifambo, but it can also go after the billions owed to it by a Spanish company

By Thanduxolo Jika and Sabelo Skiti
Mauritania releases opposition supporters arrested after vote clashes
Africa
/ 3 July 2019

Mauritania releases opposition supporters arrested after vote clashes

Ex-general Mohamed Ould Ghazouani won the June 22 poll with an absolute majority of 52%, the Constitutional Council announced on Monday

By Agency
Mapaila must prove his claims against protector or face the law
Article
/ 28 June 2019

Mapaila must prove his claims against protector or face the law

The South African Communist Party’s deputy secretary general has a history of attacking the office of the public protector

By Oupa Segalwe 1
Jiba, Mrwebi still to clear their names
Article
/ 28 June 2019

Jiba, Mrwebi still to clear their names

This is despite the Constitutional Court quashing a bid to debar the former NPA officials

By Sarah Smit
Brian Molefe heads to ConCourt to keep Eskom pension payout
Article
/ 24 June 2019

Brian Molefe heads to ConCourt to keep Eskom pension payout

The power utility’s former CEO will argue that lower judges were wrong to rule that he is received an unlawful benefit

By Eyaaz Matwadia
‘Land or Death’: BLF fails to defend slogan
Article
/ 12 June 2019

‘Land or Death’: BLF fails to defend slogan

Mcebo Dlamini suggests the equality court took the slogan too literally, but the BLF itself has not provided any ideological justification for it

By Buhle Kunene
Bathabile Dlamini the latest to resign from Parliament
Article
/ 11 June 2019

Bathabile Dlamini the latest to resign from Parliament

The ANC Women’s League president is the third MP to walk away in two days

By Eyaaz Matwadia
Migrant children’s education must be ensured, not promised
Article
/ 3 May 2019

Migrant children’s education must be ensured, not promised

Although the education of children of immigrants is protected in the Bill of Rights, it is labelled an offence in the Immigration Act

By Manos Antoninis
SCA tensions dominate at interviews
Article
/ 5 April 2019

SCA tensions dominate at interviews

Constitutional Court candidate describes the causes of friction as ‘complex’

By Franny Rabkin
Heneiken workers prepare to march against ‘sex for shifts’
Article
/ 4 April 2019

Heneiken workers prepare to march against ‘sex for shifts’

Workers say the company is turning a blind eye to alleged abuses by managers at its Sedibeng brewery

By Sarah Smit
Supreme Court of Appeal gets a new deputy president, five new judges
Article
/ 2 April 2019

Supreme Court of Appeal gets a new deputy president, five new judges

With only six women judges on the appeal court, all the women candidates interviewed on Tuesday were recommended

By Franny Rabkin
ConCourt interviews postponed because of ‘potential conflict of interest’
Article
/ 1 April 2019

ConCourt interviews postponed because of ‘potential conflict of interest’

It is unclear what the nature of the conflict of interest on SCA President Mandisa Maya’s part is

By Franny Rabkin
Hachimoji DNA: Stirring debate
Article
/ 29 March 2019

Hachimoji DNA: Stirring debate

South African scientists need to develop health technologies that respond to our society’s most pressing needs

By Donrich Thaldar, Bonginkosi Shozi and Michaela Steytler
ConCourt to rule on farm tenant claims
Article
/ 15 March 2019

ConCourt to rule on farm tenant claims

The farm tenants won in the Land Claims Court but the Supreme Court of Appeal overturned this

By Lucas Ledwaba
‘Justice denied’ as Kenya high court postpones ruling on same-sex relations
Africa
/ 22 February 2019

‘Justice denied’ as Kenya high court postpones ruling on same-sex relations

The challenge to the constitutionality of section 162 of the Penal Code was brought before the court by Kenyan human rights activists

By Carl Collison
ConCourt slams Moyane’s latest bid to have dismissal overturned
Article
/ 12 February 2019

ConCourt slams Moyane’s latest bid to have dismissal overturned

Axed Sars commissioner Tom Moyane’s application for leave to appeal his sacking has been shut down by the highest court in the land — again

By Mashadi Kekana
High hopes, not much dope in marijuana beer and gin
Article
/ 8 February 2019

High hopes, not much dope in marijuana beer and gin

It’s now okay to smoke cannabis, or at least it’s legal as long as you don’t buy your supply. But what about drinking it?

By Tshegofatso Mathe
Constitutional Court win paves the way for immigration progress
Article
/ 2 February 2019

Constitutional Court win paves the way for immigration progress

In a welcome development, the Constitutional Court has found that foreigners can apply for citizenship by naturalisation after five years

By Staff Reporter
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