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Constitutional Court

Rivonia primary admission case: Education dept has final say
Article
/ 3 October 2013

Rivonia primary admission case: Education dept has final say

The head of the provincial department of education has ultimate control over how many pupils can be admitted to a school, the Concourt has ruled.

By Victoria John
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
Concourt dismisses DA appeal to force Zuma ‘no confidence’ debate
Article
/ 27 August 2013

Concourt dismisses DA appeal to force Zuma ‘no confidence’ debate

The Concourt has dismissed an application to compel Parliament to debate a vote of no confidence in President Jacob Zuma.

By Niren Tolsi
Buckets for donations as ConCourt dismisses Marikana funding appeal
Article
/ 19 August 2013

Buckets for donations as ConCourt dismisses Marikana funding appeal

If a donor is not found, Marikana mineworkers will have to raise money in order to fund their legal representation at the Farlam commission.

By Niren Tolsi
Khayelitsha police inquiry: How much power will Zille have?
Article
/ 7 August 2013

Khayelitsha police inquiry: How much power will Zille have?

Judgment has been reserved in the Khayelitsha inquiry matter as judges mull over whether the commission should be given the power to subpoena police.

By Sarah Evans
Film Board could contest Of Good Report unbanning
Article
/ 28 July 2013

Film Board could contest Of Good Report unbanning

The Film and Publications Board will wait til end of August to decide on contesting the Appeal Committee decision to unban the film, Of Good Report.

By Khuthala Nandipha
Pregnancy is legal, even for youngsters
Article
/ 26 July 2013

Pregnancy is legal, even for youngsters

When adopting policies, school governors should do it in partnership with the Constitution.

By Serjeant At The and Bar Author
Former chief justice Pius Langa dies
Article
/ 24 July 2013

Former chief justice Pius Langa dies

Former chief justice Pius Langa has passed away at Milpark Hospital in Johannesburg.

By Sipho Kings
Rights of pregnant pupils upheld
Article
/ 19 July 2013

Rights of pregnant pupils upheld

But the Constitutional Court is divided on how the government intervened to protect these rights.

By David Macfarlane Analysis
Concourt orders Free State schools to review teen pregnancy policies
Article
/ 10 July 2013

Concourt orders Free State schools to review teen pregnancy policies

Two Free State school governing bodies must review their current pregnancy policies, the Constitutional Court has ruled.

By Sapa
Cwele co-accused’s drug-dealing 20-year sentence overturned
Article
/ 12 June 2013

Cwele co-accused’s drug-dealing 20-year sentence overturned

The Constitutional Court has upheld convicted drug dealer Frank Nabolisa’s appeal to have an increased sentence scrapped.

By Staff Reporter and Sapa
No image available
Article
/ 31 May 2013

Sexual Offences Act taken to task

In a case before the ConCourt, critics say consensual teen sex has been criminalised.

By Mia Malan
More calls to send secrecy Bill to ConCourt
Article
/ 27 April 2013

More calls to send secrecy Bill to ConCourt

The SA Catholics Bishops’ Conference a has joined calls for President Jacob Zuma to refer the controversial Bill to the Constitutional Court.

By Sapa
President appoints Madlanga to ConCourt
Article
/ 15 April 2013

President appoints Madlanga to ConCourt

The presidency has announced that advocate Mbuyiseli Madlanga has been appointed to the Constitutional Court of South Africa.

By Niren Tolsi
ConCourt dismisses appeal for 17 school closures in W Cape
Article
/ 13 April 2013

ConCourt dismisses appeal for 17 school closures in W Cape

The Constitutional Court has refused Western Cape education MEC Donald Grant leave to appeal a decision to keep 17 schools in the province open.

By Sapa
Deny land to claimants ‘as last resort’
Article
/ 5 April 2013

Deny land to claimants ‘as last resort’

Concourt overturns earlier judgments, saying that non-restitution must be the exception not the rule.

By Niren Tolsi
Traditional law denies rights
Analysis
/ 28 March 2013

Traditional law denies rights

It appears that the Constitutional Court is divided between the customary and the constitutional when it comes to the Traditional Courts Bill.

By Serjeant At The and Bar Author
Schools defend right to exclude pregnant pupils
Article
/ 6 March 2013

Schools defend right to exclude pregnant pupils

The ConCourt is considering whether education heads of department have the right to overturn unconstitutional school governing bodies’ policy.

By Faranaaz Parker
Gauntlett culled from ConCourt short list
Article
/ 22 February 2013

Gauntlett culled from ConCourt short list

Controversial advocate Jeremy Gauntlett was ignored again by the Judicial Service Commission when he was the candidate culled from the list of five.

By Niren Tolsi
Women in ConCourt row won’t go away
Article
/ 22 February 2013

Women in ConCourt row won’t go away

With criticism about an all-male candidates list ringing in its ears, the Judicial Service Commission will interview candidates in Johan­nesburg.

By Niren Tolsi
ConCourt art shapes South African stories
Article
/ 17 February 2013

ConCourt art shapes South African stories

The Constitutional Court has a growing collection of art, which was started by former judges Albie Sachs and Yvonne Mokgoro on a budget of R10 000.

By Jenni Evans
Judiciary: Who guards the guardians of the law?
Analysis
/ 15 February 2013

Judiciary: Who guards the guardians of the law?

"As Antoine de Saint-Exupéry said, it is harder to judge oneself – and one may add, the fruits of one’s labours – than to judge others."

By Jeremy Gauntlett
Concourt vacancy exposes the lip service paid to gender equity
Article
/ 1 February 2013

Concourt vacancy exposes the lip service paid to gender equity

For all the talk of the imperative of strict compliance with section 174(2) of the Constitution when it comes to gender only lip service is paid.

By Serjeant At The and Bar Author
Who will rule on judges versus the Constitution?
Analysis
/ 1 February 2013

Who will rule on judges versus the Constitution?

When judges make key decisions, what fidelity do they owe to the normative framework of the Constitution?

By Serjeant At The and Bar Author
Constitutional icon Yacoob keeps the faith
Article
/ 18 January 2013

Constitutional icon Yacoob keeps the faith

Justice Zak Yacoob is retiring from the court, but not the overarching democratic project. Niren Tolsi spoke to him.

By Niren Tolsi
The failure of our political systems is keeping the courts busy
Article
/ 18 January 2013

The failure of our political systems is keeping the courts busy

Last year ended with a flourish of judgments that tested the line between law and politics.

By Serjeant At The and Bar Author
Jeremy Gauntlett makes shortlist for ConCourt judge
Article
/ 16 January 2013

Jeremy Gauntlett makes shortlist for ConCourt judge

Controversial advocate Jeremy Gauntlett has been named as one of five candidates for appointment as a Constitutional Court judge, say reports.

By Sapa
Lies, damned lies and advertising
Analysis
/ 4 January 2013

Lies, damned lies and advertising

The state should only use public funds to put its view across if the media fails to do so, says Jacques du Preez.

By Jacques Du Preez
No-confidence debate on hold till ConCourt makes decision
Article
/ 4 January 2013

No-confidence debate on hold till ConCourt makes decision

The Democratic Alliance will no longer be pushing for the parliamentary debate on the motion of no confidence in President Jacob Zuma.

By Andisiwe Makinana
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
Former chief justice Chaskalson laid to rest
Article
/ 3 December 2012

Former chief justice Chaskalson laid to rest

Former chief justice of the Constitutional Court, Arthur Chaskalson, has been laid to rest in a small, official funeral.

By Staff Reporter
Chaskalson embraced a courageous role against apartheid: Zuma
Article
/ 1 December 2012

Chaskalson embraced a courageous role against apartheid: Zuma

President Zuma has sent condolences to the family of Chief Justice Arthur Chaskalson who passed away in Johannesburg.

By Sapa
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