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Constitutional Court

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
Activists vow to oppose Secrecy Bill in court
Article
/ 30 November 2012

Activists vow to oppose Secrecy Bill in court

The National Council of Provinces gave its stamp of approval to the Protection of State Information Bill when it adopted the final draft.

By Andisiwe Makinana
ConCourt reserves judgment in ANC Free State case
Article
/ 29 November 2012

ConCourt reserves judgment in ANC Free State case

The ConCourt heard of register rigging at the Free State ANC’s provincial conference, and must decide if the decisions made there were unlawful.

By Niren Tolsi
ConCourt dismisses land contract appeal involving eThekwini
Article
/ 29 November 2012

ConCourt dismisses land contract appeal involving eThekwini

The ConCourt has dismissed an application to appeal an SCA ruling regarding the validity of a land contract between a municipality and Giant Concerts.

By Sapa
Opposition mulls ConCourt option
Article
/ 22 November 2012

Opposition mulls ConCourt option

Judge has warned of the danger of politicising courts, even though the motion is of national interest, writes Andisiwe Makinana.

By Andisiwe Makinana
Sheryl’s partner in crime to appeal against drug conviction
Article
/ 1 November 2012

Sheryl’s partner in crime to appeal against drug conviction

Sheryl Cwele’s partner in crime, Frank Nabolisa, has filed papers in the ConCourt, requesting leave to appeal against his conviction for drug dealing.

By Glynnis Underhill
Editorial: Don’t buck the rule of law
Article
/ 26 October 2012

Editorial: Don’t buck the rule of law

Politicians have had their frustrations with the courts and from time to time they have expressed them in terms that rightly give cause for concern.

By Editorial
Review of judicial powers called off
Article
/ 26 October 2012

Review of judicial powers called off

In a move likely to surprise the legal fraternity, the justice department has cancelled the bid process for its proposed review of the judiciary.

By Niren Tolsi
Transformation of judiciary ‘imperative’
Article
/ 25 October 2012

Transformation of judiciary ‘imperative’

Judge Selby Baqwa has told a crime conference that transformation of the judiciary is a human imperative in a constitutional democracy.

By Staff Reporter
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
ConCourt: City of Tshwane must restore Schubart Park slum
Article
/ 9 October 2012

ConCourt: City of Tshwane must restore Schubart Park slum

The ConCourt had hard words for the City of Tshwane, as it ordered that plans be made to restore former residents of Schubart Park to their homes.

By Phillip De Wet
Cementing the right to publish and be damned
Analysis
/ 5 October 2012

Cementing the right to publish and be damned

A Constitutional Court ruling highlights the vital role of a free press in our developing democracy.

By Comment Author
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
The price of justice
Article
/ 26 September 2012

The price of justice

Mpho Moshe Matheolane wonders to what extent the law is looked upon with a scrutinising eye outside the fields of law practice and academia.

By Mpho Moshe Matheolane
Tolling unlikely before matter returns to court
Article
/ 20 September 2012

Tolling unlikely before matter returns to court

The ConCourt on Thursday set aside an interim interdict preventing Sanral from instituting toll fees on some of Gauteng’s major roads.

By Niren Tolsi
Hlophe tribunal faces first hiccup
Article
/ 6 September 2012

Hlophe tribunal faces first hiccup

The tribunal set up by the Judicial Service Commission to deal with the complaint against John Hlophe by the ConCourt could face a legal challenge.

By Glynnis Underhill
JSC tribunal must investigate Hlophe, says conduct committee
Article
/ 6 September 2012

JSC tribunal must investigate Hlophe, says conduct committee

The Judicial Conduct Committee has recommended a tribunal be appointed to look into the complaint by Constitutional Court judges against John Hlophe.

By Sapa
Judiciary: Appointment queried on gender grounds
Article
/ 17 August 2012

Judiciary: Appointment queried on gender grounds

President Jacob Zuma’s choice of Raymond Zondo for top court judge has been undermined by the notion that it was a done deal.

By Glynnis Underhill
Raymond Zondo appointed as ConCourt judge
Article
/ 14 August 2012

Raymond Zondo appointed as ConCourt judge

President Jacob Zuma has appointed Judge Raymond Zondo to the Constitutional Court, the presidency said.

By Sapa
Zuma accedes to DA’s call for more consultation on judges
Article
/ 5 July 2012

Zuma accedes to DA’s call for more consultation on judges

DA leader Helen Zille says President Jacob Zuma has heeded calls for more extensive consultation before appointing Constitutional Court judges.

By Sapa
Politicisation of poor law is no solution
Article
/ 15 June 2012

Politicisation of poor law is no solution

Whenever our courts find flaws in the laws that come before them, they are fearless in declaring provisions of those laws unconstitutional.

By Staff Reporter
Judicial autonomy frightens the JSC
Article
/ 14 June 2012

Judicial autonomy frightens the JSC

Prospective Constitutional Court judges were grilled on their interpretations of separation of powers. Niren Tolsi analyses the process.

By Niren Tolsi
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