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Constitutional Court

ConCourt clarifies act for asylum seekers
National
/ 20 January 2022

ConCourt clarifies act for asylum seekers

The apex court has reversed amendments to the act that made it difficult for refugees to apply for asylum while making it easy for Home Affairs officials to unjustly detain and deport them.

By Musawenkosi Cabe
Zuma takes another legal tilt at Zondo
Politics
/ 18 January 2022

Zuma takes another legal tilt at Zondo

The former president is asking the Pretoria high court to declare Zondo’s tenure as chairman of the commission of inquiry unlawful and to order Ramaphosa to appoint a new chair

By Emsie Ferreira
Gungubele asks if Sisulu did not cross a line in law
Politics
/ 15 January 2022

Gungubele asks if Sisulu did not cross a line in law

The minister in the presidency said there was a need for the government to do more to protect the judiciary

By Emsie Ferreira and Lizeka Tandwa
Zondo was damned if he did, damned if he did not
Politics
/ 14 January 2022

Zondo was damned if he did, damned if he did not

The attack by Minister Lindiwe Sisulu on judges as enslaved to a colonial mentally placed the acting head of the judiciary in an impossible position, fraught with politics, legal scholars say

By Emsie Ferreira
Timeline: State security-compromising attacks
National
/ 13 January 2022

Timeline: State security-compromising attacks

Eskom, parliament, constitutional court, looting could all be linked. ‘We smell a rat’, says Blade Nzimande

By Tunicia Phillips
Our security cluster is strong, don’t panic, Mabuza says
Politics
/ 6 January 2022

Our security cluster is strong, don’t panic, Mabuza says

The deputy president’s remarks come just hours after acting Chief Justice Raymond Zondo warned that facilities were under threat from those wanting to destroy institutions safeguarding constitutional rights

By Lizeka Tandwa
Zondo: Attack on constitutional court ‘very serious’
National
/ 6 January 2022

Zondo: Attack on constitutional court ‘very serious’

The acting chief justice called on law enforcement agencies to take steps to prevent further such attacks on court facilities.

By Emsie Ferreira
High court orders Zuma’s return to prison
Politics
/ 15 December 2021

High court orders Zuma’s return to prison

The court set aside Arthur Fraser’s decision to release the former president on medical parole, rejecting his reasons as unconstitutional and irrational

By Emsie Ferreira
Zondo opposes calls to change judicial appointment process
National
/ 14 December 2021

Zondo opposes calls to change judicial appointment process

The acting chief justice acknowledged calls for reform after the recent forced rerun of interviews for aspirant apex court judges

By Emsie Ferreira
‘We saw dark clouds gathering’, Cele tells HRC about July unrest
National
/ 3 December 2021

‘We saw dark clouds gathering’, Cele tells HRC about July unrest

The police minister told the Human Rights Commission the president instructed him to avoid violence in response to Jacob Zuma’s pending arrest as far as legally possible

By Emsie Ferreira
JSC interviews with candidates for chief justice set for early February
National
/ 2 December 2021

JSC interviews with candidates for chief justice set for early February

After the February interviews and deliberations, the Judicial Service Commission will submit a report to President Cyril Ramaphosa

By Emsie Ferreira
High court allows Freedom Under Law to oppose Hlophe’s review bid
National
/ 29 November 2021

High court allows Freedom Under Law to oppose Hlophe’s review bid

The court found that the organisation’s past history in ensuring the misconduct inquiry against the Western Cape judge president was reopened refuted, rather than supported, Hlophe’s objections

By Emsie Ferreira
No extension to expiring Zimbabwean exemption permits — cabinet
National
/ 25 November 2021

No extension to expiring Zimbabwean exemption permits — cabinet

Holders of expired Zimbabwe exemption permits who are not successful in applying for other permits within 12 months will have to leave South Africa or be deported

By Anathi Madubela
UPDATE: High court hears pleas to return to Zuma to prison
Politics
/ 23 November 2021

UPDATE: High court hears pleas to return to Zuma to prison

Arthur Fraser had no discretionary power to grant Jacob Zuma’s release once the medical parole board found he did not suffer from a terminal condition, high court hears

By Emsie Ferreira
July unrest was designed to overwhelm police: Sitole
National
/ 22 November 2021

July unrest was designed to overwhelm police: Sitole

The suspended national police commissioner told the SAHRC it was the first time the country had seen unrest that began at a level aimed at debilitating the police’s available resources

By Emsie Ferreira
The uncertain consensus around vaccine mandates
Coronavirus
/ 20 November 2021

The uncertain consensus around vaccine mandates

Lawyers agree that the issue is inevitably heading for constitutional challenge, but not all accept the mainstream view that the limitation of rights is justifiable

By Emsie Ferreira
High court to rule next week on application delaying Hlophe matter
National
/ 15 November 2021

High court to rule next week on application delaying Hlophe matter

The application means it is unlikely that Hlophe’s bid to review the misconduct finding against him will be heard this year

By Emsie Ferreira
By Monday 40% of adults will have had at least one Covid-19 jab, says health minister
Coronavirus
/ 12 November 2021

By Monday 40% of adults will have had at least one Covid-19 jab, says health minister

Joe Phaahla expressed concern about the slow vaccine uptake among young adults and said it was vital to speed up vaccination as the festive season neared

By Emsie Ferreira
ConCourt reserves judgment on bid to appeal Mkhwebane ruling
Politics
/ 9 November 2021

ConCourt reserves judgment on bid to appeal Mkhwebane ruling

Parliament and the Democratic Alliance are challenging the high court ruling that a judge may not form part of the panel conducting a preliminary inquiry as to whether there are grounds for impeaching the public protector

By Emsie Ferreira
‘White’ elephants haunt the minds of some JSC members
Opinion
/ 7 November 2021

‘White’ elephants haunt the minds of some JSC members

Striving for racial representivity does not mean there can never be a white judge on the apex court bench again

By Johann van der Westhuizen
Fraser tells court he feared a repeat of July unrest
Politics
/ 29 October 2021

Fraser tells court he feared a repeat of July unrest

In an affidavit to the high court in Pretoria, the former head of correctional services submitted this as a reason for ordering Jacob Zuma’s early release on medical parole though doctors disagreed

By Emsie Ferreira
And then there were six: Ramaphosa fails to release shortlist for chief justice
National
/ 29 October 2021

And then there were six: Ramaphosa fails to release shortlist for chief justice

The appointment of the Pillay shortlist panel was designed to ensure greater transparency in the appointment of a successor to Mogoeng Mogoeng but commentators are not overly concerned about their views remaining under wraps, for now

By Emsie Ferreira
Khaya Koko: The looting isn’t over until the fat belly sings
Politics
/ 25 October 2021

Khaya Koko: The looting isn’t over until the fat belly sings

A song about Eastern Cape Premier Oscar Mabuyane preventing looting was way off the mark in a province riddled with corruption and theft

By Khaya Koko
Constitutional court confirms warrantless searches in cordoned off areas unconstitutional
National
/ 22 October 2021

Constitutional court confirms warrantless searches in cordoned off areas unconstitutional

The law was challenged in response to raids in inner Johannesburg seemingly targeting illegal immigrants and the highest court has pronounced itself 10 days before an election in which then mayor Herman Mashaba has campaigned on an anti-foreigner ticket

By Emsie Ferreira
Former spy boss Fraser objects to Zondo’s nomination as chief justice
Politics
/ 20 October 2021

Former spy boss Fraser objects to Zondo’s nomination as chief justice

The former director general of intelligence’s character assassination of the deputy chief justice is straight out of the Zuma playbook

By Emsie Ferreira
Zondo thanks retiring Justices Khampepe and Jafta for their service
National
/ 13 October 2021

Zondo thanks retiring Justices Khampepe and Jafta for their service

After 12 years serving at the apex court, Sisi Khampepe and Chris Jafta have retired from office

By Eyaaz Matwadia
Zondo pays tribute to former chief justice Mogoeng
National
/ 12 October 2021

Zondo pays tribute to former chief justice Mogoeng

During his watch the judiciary proved itself the proud guardian of the constitution, Zondo said, as Mogoeng slipped into retirement after a tumultuous decade

By Emsie Ferreira
JSC lets politics trump conscience and excellence
National
/ 12 October 2021

JSC lets politics trump conscience and excellence

The sense that the commissioners who nominated five candidates for appointment to the Constitutional Court voted for their constituencies, rather than with their conscience, is difficult to shake off.

By Niren Tolsi
Casac demands record of deliberations on ConCourt candidates
National
/ 11 October 2021

Casac demands record of deliberations on ConCourt candidates

The Council for the Advancement of the South African Constitution again has reservations about how the JSC selected the five names forwarded to the president, after it forced a repeat of interviews first held in April

By Emsie Ferreira
Chief Justice Mogoeng, an end to an erratic era
National
/ 9 October 2021

Chief Justice Mogoeng, an end to an erratic era

The chief justice we didn’t know we needed protected the independence of the judiciary through dark days but leaves an ambivalent legacy

By Emsie Ferreira
The usual contenders and some surprises on long list for chief justice job
National
/ 5 October 2021

The usual contenders and some surprises on long list for chief justice job

Embattled Western Cape Judge President John Hlophe and public protector Busisiwe Mkhwebane met the criteria for nomination but are likely to be culled when a presidential advisory panel compiles a short list

By Emsie Ferreira
Vaccine mandate quandary heading to court, Concourt candidate predicts
National
/ 4 October 2021

Vaccine mandate quandary heading to court, Concourt candidate predicts

Alan Dobson SC says a legislating vaccine mandates would have to be weighed against various constitutional provisions and was likely to see legal challenge

By Emsie Ferreira
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