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Constitutional Court

Hlophe v Goliath inquiry widens
National
/ 21 September 2022

Hlophe v Goliath inquiry widens

An appeal panel has called for a tribunal to investigate both the judge president of the Western Cape division and his deputy on impeachable charges of misconduct

By Emsie Ferreira
Why the Concourt ruling on intra-party disclosures is important
Politics
/ 21 September 2022

Why the Concourt ruling on intra-party disclosures is important

The president has 12 months to redraft the executive ethics code to compel the disclosure of all donations to campaigns for positions within political parties

By Emsie Ferreira
Can Mkhwebane suspend order on constitutionality?
Politics
/ 16 September 2022

Can Mkhwebane suspend order on constitutionality?

The Western Cape high court heard extensive argument on Friday as to whether the suspended public protector could be returned to office

By Emsie Ferreira
Ramaphosa points finger back at Mkhwebane
Politics
/ 16 September 2022

Ramaphosa points finger back at Mkhwebane

President says court attributed bias to him due to suspended public protector’s past conduct

By Emsie Ferreira
Gcaleka accuses Mkhwebane of lying in court application
Politics
/ 16 September 2022

Gcaleka accuses Mkhwebane of lying in court application

The acting public protector says the claims by the suspended public protector’ that the Phala Phala investigation has stalled and that she had been denied access to documents for her impeachment inquiry are false

By Emsie Ferreira
Mpofu moves to stall Mkhwebane’s impeachment inquiry
Politics
/ 13 September 2022

Mpofu moves to stall Mkhwebane’s impeachment inquiry

In a fractious exchange after he was denied a postponement, Mpofu told the chairman he should “chill” and his “day will come”

By Emsie Ferreira
DA appeals Mkhwebane ruling, Ramaphosa about to do same
Politics
/ 12 September 2022

DA appeals Mkhwebane ruling, Ramaphosa about to do same

The official opposition says the high court was wrong to conclude that the suspension was rushed and tainted by bias

By Emsie Ferreira
Concourt halting live-streaming lands hard blow on democracy
National
/ 9 September 2022

Concourt halting live-streaming lands hard blow on democracy

Independently filming and live-streaming sittings comes with a cost but the court is closing a window that showed up its critics and was good for transparency

By Emsie Ferreira
Mkhwebane’s legal spending spree
National
/ 9 September 2022

Mkhwebane’s legal spending spree

MPs have heard that she spent R146.9-million defending her reports, with a third going to an obscure law firm

By Emsie Ferreira
NPA supports Billy Downer as Zuma serves summons
National
/ 6 September 2022

NPA supports Billy Downer as Zuma serves summons

The prosecuting authority is expecting more attacks on prosecutors as more state capture cases are enrolled

By Emsie Ferreira
Ramaphosa’s green dawn is ‘three years away’
National
/ 6 September 2022

Ramaphosa’s green dawn is ‘three years away’

A lack of coherence between government departments means little progress has been made in developing cannabis policy

By Paddy Harper
Public protector COO ordered to shred draft report on CR17 funding
Politics
/ 22 August 2022

Public protector COO ordered to shred draft report on CR17 funding

Basani Baloyi testified she was shocked

By Emsie Ferreira
Hlophe goes to court to prevent his suspension
National
/ 19 August 2022

Hlophe goes to court to prevent his suspension

He argues in court papers that the JSC’s advice to the president to suspend him is a violation of the Superior Courts Act

By Emsie Ferreira
Opposition announces motion of no confidence in Ramaphosa
Politics
/ 17 August 2022

Opposition announces motion of no confidence in Ramaphosa

Parties are bringing the motion in response to the Phala Phala scandal, two months after tabling another for his impeachment on the same grounds

By Emsie Ferreira
MPs dismiss Mkhwebane’s call to subpoena Ramaphosa
Politics
/ 16 August 2022

MPs dismiss Mkhwebane’s call to subpoena Ramaphosa

The president’s evidence is not necessary to determine whether she is guilty of misconduct, the section 194 committee concludes

By Emsie Ferreira
Fraser argues he could overrule parole board on ‘terminally ill’ Zuma
National
/ 15 August 2022

Fraser argues he could overrule parole board on ‘terminally ill’ Zuma

The supreme court of appeal asked how it could accept this when the medical reports had been redacted

By Emsie Ferreira
Khoisan people march to constitutional court
National
/ 9 August 2022

Khoisan people march to constitutional court

List of demands includes recognition of indigenous rights and the scrapping of apartheid racial classification as ‘coloured’

By Sonri Naidoo
Constitutional court upholds ban on foreigners practising law in South Africa
National
/ 2 August 2022

Constitutional court upholds ban on foreigners practising law in South Africa

The prohibition in the Legal Practice Act did not amount to unfair discrimination because it sought to achieve a legitimate government objective of restricting a profession for citizens and permanent residents, the court held

By Emsie Ferreira
Preserving the rule of law in times of political crisis
Opinion
/ 1 August 2022

Preserving the rule of law in times of political crisis

This is an edited version of the Inaugural Arthur Chaskalson Memorial Lecture delivered at the Equal Education Law Centre

By Tembeka Ngcukaitobi
Zuma corruption trial on hold till November, at the earliest
Politics
/ 1 August 2022

Zuma corruption trial on hold till November, at the earliest

Judge Piet Koen has postponed the arms deal case again pending a pronouncement from the constitutional court on Zuma’s application for leave to appeal

By Emsie Ferreira
Ramaphosa appoints Mandisa Maya as deputy chief justice
National
/ 25 July 2022

Ramaphosa appoints Mandisa Maya as deputy chief justice

Maya will be South Africa’s first female judge to hold the position and will now be in line, if tradition is followed, to succeed chief justice Raymond Zondo in 2024

By Emsie Ferreira
Mkhwebane says Mpati report on SMS to advocate is meaningless
National
/ 21 June 2022

Mkhwebane says Mpati report on SMS to advocate is meaningless

The suspended public protector urged the Judicial Service Commission to investigate the incident further, saying the judges she named must be removed from the bench

By Emsie Ferreira
Maya blames administrative lapses on former supreme court of appeal registrar
National
/ 20 June 2022

Maya blames administrative lapses on former supreme court of appeal registrar

In her interview for the position of deputy chief justice, the appellate court president said she tried to resolve woes in the general office that has delayed cases involving Jacob Zuma but faulted the office of the chief justice for not stepping in

By Emsie Ferreira
Zuma turns to concourt in bid to halt arms deal prosecution
National
/ 16 June 2022

Zuma turns to concourt in bid to halt arms deal prosecution

Former president argues that SCA president Mandisa Maya misdirected herself when she dismissed his appeal

By Emsie Ferreira
Concourt gives parliament until December to amend Electoral Act
Politics
/ 10 June 2022

Concourt gives parliament until December to amend Electoral Act

The reprieve came on the day the 18-month deadline to amend the Act to allow independent candidates to stand for the national and provincial legislatures expired

By Emsie Ferreira
Mkhwebane loses high court bid to halt impeachment inquiry
National
/ 10 June 2022

Mkhwebane loses high court bid to halt impeachment inquiry

The high court said her second rescission application did nothing to suspend the operation of a court order, and stressed the importance of accountability of the public protector

By Emsie Ferreira
Embattled Ramaphosa suspends Mkhwebane
Politics
/ 9 June 2022

Embattled Ramaphosa suspends Mkhwebane

The decision came despite inventive litigation launched by the public protector to stave off both suspension and a parliamentary impeachment inquiry

By Emsie Ferreira
Owen Rogers appointed to the constitutional court
National
/ 8 June 2022

Owen Rogers appointed to the constitutional court

The well-respected Western Cape high court judge was named after the April interviews where the JSC overlooked David Unterhalter a third time

By Emsie Ferreira
Tender shutdown was finance minister’s fault
National
/ 31 May 2022

Tender shutdown was finance minister’s fault

The government was given 12 months to amend the regulations and make them constitutionally compliant, but this process was delayed by a constitutional court challenge by Finance Minister Enoch Godongwana.

By Paddy Harper
Delay in dismissing Zuma challenge down to administrative hold-up
National
/ 27 May 2022

Delay in dismissing Zuma challenge down to administrative hold-up

The office of the chief justice said it was regrettable that SCA president Mandisa Maya was being blamed for the delay

By Emsie Ferreira
PPE supplier challenges Special Tribunal’s power to impose R38M sanction
National
/ 25 May 2022

PPE supplier challenges Special Tribunal’s power to impose R38M sanction

The Special Investigating Unit countered that the concourt should not entertain a cynical attempt to claw back the millions made in the scandal

By Emsie Ferreira
Court hears text message irrelevant to Mkhwebane’s legal fortunes
National
/ 19 May 2022

Court hears text message irrelevant to Mkhwebane’s legal fortunes

Advocate Andrew Breitenbach, appearing for parliament, said the message he received did not advantage his client and was no cause to suspend the impeachment inquiry against the public protector

By Emsie Ferreira
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