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Constitutional Court

Mkhwebane’s suspension rests on facts, not optics, Concourt hears
Politics
/ 24 November 2022

Mkhwebane’s suspension rests on facts, not optics, Concourt hears

Advocate for the president tells the apex court the high court finding that her suspension was retaliation was refuted by the ample grounds for the decision

By Emsie Ferreira
Autopilot Angie runs the shop as Ramaphosa jets off on a UK state visit
Opinion
/ 22 November 2022

Autopilot Angie runs the shop as Ramaphosa jets off on a UK state visit

There is no taste of presidential power for presidential hopefuls Lindiwe Sisulu or Nkosazana Dlamini-Zuma — now or in December

By Paddy Harper
Concourt orders release of Janusz Walus on parole
National
/ 21 November 2022

Concourt orders release of Janusz Walus on parole

The court held that the latest decision of the justice ministry in 2020 to deny Chris Hani’s murderer parole was irrational

By Emsie Ferreira
SCA finds Zuma’s release was unlawful, orders his return to prison
National
/ 21 November 2022

SCA finds Zuma’s release was unlawful, orders his return to prison

The court strongly criticised last month’s statement by the department of correctional services that Zuma was a free man

By Emsie Ferreira
Constitutional court’s judgments in Slapp suit case increase protection for free speech
The Green Guardian
/ 15 November 2022

Constitutional court’s judgments in Slapp suit case increase protection for free speech

The limitation on corporations’ ability to claim damages for defamation is a ‘critical shift’

By Sheree Bega
Concourt holds that SLAPP suit defence exists in South African law
National
/ 15 November 2022

Concourt holds that SLAPP suit defence exists in South African law

The court upheld an appeal by miners against a high court victory for environmentalists but recognised the defence in a landmark ruling on abusive litigation

By Emsie Ferreira
Public protector office asked to pay for Mkhwebane’s ‘spiritual war’
National
/ 2 November 2022

Public protector office asked to pay for Mkhwebane’s ‘spiritual war’

The consultants were brought in to counter ‘beholden judges’ after the courts set aside Busisiwe Mkhwebane’s reports

By Emsie Ferreira
National Assembly passes controversial electoral amendment bill amid protests from opposition parties
Politics
/ 20 October 2022

National Assembly passes controversial electoral amendment bill amid protests from opposition parties

The bill will introduce an untested electoral system allowing independent candidates to stand for parliament but is seen as a missed opportunity to ensure greater political accountability

By Emsie Ferreira
Downer: Zuma has been tripped up by his Stalingrad tactics
National
/ 17 October 2022

Downer: Zuma has been tripped up by his Stalingrad tactics

The former president’s 11th-hour bid to appeal to the apex court on his standing as a prosecutor was not properly filed, hence the arms deal trial should resume

By Emsie Ferreira
Zuma turns to Concourt in bid for acquittal
National
/ 14 October 2022

Zuma turns to Concourt in bid for acquittal

It’s the latest, and last available, attempt to appeal the dismissal of his plea that Billy Downer and the NPA can’t prosecute him in the arms deal case

By Emsie Ferreira
Zuma’s release date passes, but appeal court still to decide his fate
National
/ 7 October 2022

Zuma’s release date passes, but appeal court still to decide his fate

The supreme court of appeal is yet to rule on the appeal to the high court finding that his release on medical parole was unlawful

By Emsie Ferreira
Concourt dismisses Zuma’s bid to appeal Judge Maya’s decision
National
/ 29 September 2022

Concourt dismisses Zuma’s bid to appeal Judge Maya’s decision

The apex court said it was not in the interests of justice to allow an appeal in this instance

By Emsie Ferreira
Time for Ramaphosa to reveal who paid for his rise into the presidency
Opinion
/ 22 September 2022

Time for Ramaphosa to reveal who paid for his rise into the presidency

Concourt ruling vindicates the EFF’s long-standing call for disclosure of funds and donations received during the ANC’s internal party battles and contests.

By Sihle Lonzi
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
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