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Constitutional Court

Ramaphosa hits back at Mkhwebane: Where’s the conflict?
National
/ 14 April 2022

Ramaphosa hits back at Mkhwebane: Where’s the conflict?

The president cautions that the courts cannot interfere with his constitutional power to suspend the public protector

By Emsie Ferreira
Court papers confirm Zuma will take his fight against arms deal charges to the constitutional court
Politics
/ 12 April 2022

Court papers confirm Zuma will take his fight against arms deal charges to the constitutional court

The National Prosecuting Authority has argued that the former president’s latest legal arguments are designed to delay his trial

By Emsie Ferreira
Homophobia accusations sink Madondo’s hope of heading KwaZulu-Natal’s high court division
National
/ 8 April 2022

Homophobia accusations sink Madondo’s hope of heading KwaZulu-Natal’s high court division

The fraught interview carried an echo of the controversy over former chief justice Mogoeng Mogoeng’s religious pronoucements after members of the JSC cited extracts from Madondo’s writings on the biblical view on homosexuality

By Emsie Ferreira
JSC says Unterhalter was excluded by majority vote
National
/ 7 April 2022

JSC says Unterhalter was excluded by majority vote

His third unsuccessful candidacy raises the spectre of a legal review and case law dictates that the JSC can be compelled to give reasons for failing to appoint a qualified candidate

By Emsie Ferreira
Unterhalter overlooked by the JSC for a third time
National
/ 6 April 2022

Unterhalter overlooked by the JSC for a third time

The esteemed jurist had to apologise for failing to recuse himself on an application for leave to appeal to the constitutional court, sinking his hopes of a permanent position at the court

By Emsie Ferreira
Zondo keeps JSC interviews decorous after reiterating old criteria
National
/ 5 April 2022

Zondo keeps JSC interviews decorous after reiterating old criteria

In interviews with candidates for the constitutional court, issues of race, gender and transformation featured but did not crowd out questions on points of law

By Emsie Ferreira
Advocates for Transformation names Mpofu’s replacement on JSC
National
/ 18 March 2022

Advocates for Transformation names Mpofu’s replacement on JSC

The organisation notes complaints against Mpofu following the interviews with candidates for chief justice and set out guidelines of fairness, but said he was not treated fairly within its own ranks

By Emsie Ferreira
‘Unintended consequence of undoing apartheid’: Zim lawyers battle for admittance
Article
/ 18 March 2022

‘Unintended consequence of undoing apartheid’: Zim lawyers battle for admittance

A group of Zimbabweans challenging their exclusion from the bar say their home is here, and it is populist opportunism to use unemployment figures to keep their their lives in limbo

By Emsie Ferreira
Ramaphosa’s Zondo nomination unpacked
National
/ 17 March 2022

Ramaphosa’s Zondo nomination unpacked

The president took his time to announce the country’s new chief justice. What took him so long, and did he make the best choice?

By Niren Tolsi
Smokin’, rollin’ and reprimanded: Cannabis, Eskom and Buthelezi
Opinion
/ 11 March 2022

Smokin’, rollin’ and reprimanded: Cannabis, Eskom and Buthelezi

It’s been an up-and-down week. Cannabis is firing up, the lights are out even without a war and Shenge is angry with me — again

By Paddy Harper
Constitutional court dismisses Mkhwebane’s rescission bid on CR17 ruling
National
/ 9 March 2022

Constitutional court dismisses Mkhwebane’s rescission bid on CR17 ruling

The application, widely seen as desperate, was dismissed with costs, burying her adverse findings against Ramaphosa over funding to his leadership campaign

By Emsie Ferreira
Apex court judgment enables opposite-sex life partners to inherit intestate
Article
/ 4 March 2022

Apex court judgment enables opposite-sex life partners to inherit intestate

Constitutional court ruling enables people in opposite-sex life partnerships to inherit from their deceased partner, even if they haven’t left a valid will

By Mandi Mudarikwa, Charlene May and Qiqa Nkomo
Public sector wages: Apex court rules against ‘illicit salary increases’
Business
/ 28 February 2022

Public sector wages: Apex court rules against ‘illicit salary increases’

Service delivery will be significantly reduced if the state is forced to honour the 2018 wage agreement, the constitutional court found

By Sarah Smit
Public sector wage bill still a threat, even as fiscal outlook improves
Business
/ 23 February 2022

Public sector wage bill still a threat, even as fiscal outlook improves

A portion of the government’s revenue overrun, the result of the commodity boom, will be used to pay provincial employees

By Sarah Smit
Concourt hears landmark ‘Slapp’ defamation and free speech case
National
/ 22 February 2022

Concourt hears landmark ‘Slapp’ defamation and free speech case

The case isn’t only about environmental lawyers and activists being slapped by ‘rapacious’ miners with a series of defamation lawsuits, but about the rule of law

By Sheree Bega
Bathabile Dlamini resists calls to step aside as ANC Women’s League president
National
/ 21 February 2022

Bathabile Dlamini resists calls to step aside as ANC Women’s League president

The ANC women’s league heard calls for it to be disbanded and for Bathabile Dlamini to step aside during its national working committee meeting last week.

By Lizeka Tandwa
Arms deal appeal ruling due but Zuma may not take no for an answer
National
/ 16 February 2022

Arms deal appeal ruling due but Zuma may not take no for an answer

Should the court deny leave to appeal, it is unlikely to be end of a legal strategy openly described by the state as one of continual delay

By Emsie Ferreira
Politically fraught JSC interviews may face legal challenge
National
/ 7 February 2022

Politically fraught JSC interviews may face legal challenge

President Cyril Ramaphosa is not bound by the recommendation put forth on Saturday by the JSC for the new chief justice

By Emsie Ferreira
JSC recommends Mandisa Maya for chief justice
National
/ 5 February 2022

JSC recommends Mandisa Maya for chief justice

The recommendation is not binding on President Cyril Ramaphosa but the legal community says it would be difficult to ignore, given its historic import and ruling party backing

By Emsie Ferreira
We need to think critically but honestly about our legal future
Opinion
/ 5 February 2022

We need to think critically but honestly about our legal future

To survive our many problems we require creative thinking, with integrity; not vulgar populism as a blunt tool to capture power and glory

By Johann van der Westhuizen
Zondo says he will not hesitate to make findings against Ramaphosa if need be
Politics
/ 4 February 2022

Zondo says he will not hesitate to make findings against Ramaphosa if need be

The chairperson of the state capture commission and acting chief justice said he had no bias in favour of the president or any against his predecessor, but proceeded on the basis of evidence, without thought as to whether it could deny him the post of chief justice

By Emsie Ferreira
Constitutional court judgment clears way for impeachment of public protector
National
/ 4 February 2022

Constitutional court judgment clears way for impeachment of public protector

The concourt ruled that parliament could proceed with the impeachment process of Busisiwe Mkhwebane, but that she was also entitled to legal representation

By Anathi Madubela
Zondo: JSC has a duty to consider white judges for constitutional court
National
/ 4 February 2022

Zondo: JSC has a duty to consider white judges for constitutional court

The acting chief justice suggested, in his interview with the Judicial Service Commission for the post of chief justice, that the next round of interviews in April with candidates would be an opportunity to do so

By Emsie Ferreira
Chief justice interviews: Mlambo laments toxic politicking around judiciary
National
/ 3 February 2022

Chief justice interviews: Mlambo laments toxic politicking around judiciary

The Gauteng judge president’s words turned prophetic as he came under sustained political attack in his interview for the post of chief justice

By Emsie Ferreira
JSC agrees to articulate criteria for judicial appointments
Article
/ 3 February 2022

JSC agrees to articulate criteria for judicial appointments

The Judicial Service Commission said legal skills topped the list but it would consult further once the new chief justice, who will also chair the entity, has been named

By Emsie Ferreira
Chief justice interviews: Mandisa Maya
National
/ 2 February 2022

Chief justice interviews: Mandisa Maya

The head of the supreme court of appeal said if appointed she would import some appellate court customs to the constitutional court to speed up turnaround times

By Emsie Ferreira
Why lawyers argue the case for a Madlanga constitutional court
National
/ 27 January 2022

Why lawyers argue the case for a Madlanga constitutional court

The brilliance of Justice Mbuyiseli Madlanga’s mind and his transformative judgments can prove salutary at a time when the judiciary is under populist attack, his peers hope.

By Emsie Ferreira
Solidarity vs University of Free State in vaccine mandate court case
Education
/ 27 January 2022

Solidarity vs University of Free State in vaccine mandate court case

The union wants the court to decide whether the policy of enforcing vaccinations at UFS holds water.

By Marcia Zali
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
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