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Judiciary

SA must establish a clear separation of powers between the executive and parliament
Thought Leader
/ 9 May 2025

SA must establish a clear separation of powers between the executive and parliament

Given the shaky coalition government, two sections in the Constitution appear to create a quandary regarding ministers actions in the cabinet

By David Mohale
Hlophe’s return would undermine integrity of JSC, court told
Politics
/ 26 February 2025

Hlophe’s return would undermine integrity of JSC, court told

The unrepentant conduct of the impeached-judge-turned-politician makes him unsuitable for a body that chooses and disciplines judges

By Des Erasmus
Beware of baseless judicial prejudice
Editorial
/ 8 December 2023

Beware of baseless judicial prejudice

Zondo is distrusted by the government, inevitably so because of his finding that the ANC was complicit in state capture

By Editorial
Taxpayers must bargain for accountable governance
Opinion
/ 11 May 2023

Taxpayers must bargain for accountable governance

The government will predictably object that taxpayers are sabotaging transformation, the same old argument whenever they face accountability

By Sansia Blackmore
ANC KwaZulu-Natal slams Zondo, NEC and judiciary in organisational report, defends Zuma
Politics
/ 24 July 2022

ANC KwaZulu-Natal slams Zondo, NEC and judiciary in organisational report, defends Zuma

There was a strong view, according to the report, that the judiciary was overstepping, undermining other arms of the state and using the law based on feelings instead of facts, especially in the jailing of Zuma

By Lizeka Tandwa
South Africa’s judiciary is hamstrung by poor administration
Opinion
/ 5 July 2022

South Africa’s judiciary is hamstrung by poor administration

South African judges are expected to adjudicate complex and serious issues, but how can they do so without libraries, telephones, laptops and an internet connection?

By Chris Oxtoby and Mbekezeli Benjamin
South Africa is ready for a woman chief justice
National
/ 5 March 2022

South Africa is ready for a woman chief justice

Although the debate about whether the country is ready for a woman chief justice is absurd and misogynistic, the answer is a resounding yes — and it is long overdue

By Brenda Madumise-Pajibo
Ramaphosa walked into a ‘political ambush’ on chief justice appointment
Politics
/ 9 February 2022

Ramaphosa walked into a ‘political ambush’ on chief justice appointment

The JSC exceeded its mandate to place the president in a corner in which exercising his wide powers to select the next chief justice have become fettered by popular concerns

By Emsie Ferreira
Former chief justice Mogoeng Mogoeng apologises over controversial Israel statements
National
/ 3 February 2022

Former chief justice Mogoeng Mogoeng apologises over controversial Israel statements

Mogoeng Mogoeng issues apology over his controversial remarks over South Africa’s foreign policy at a Jerusalem Post seminar in 2020

By Paddy Harper
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
Chief justice interviews: Mbuyiseli Madlanga
National
/ 2 February 2022

Chief justice interviews: Mbuyiseli Madlanga

In an answer to a predictable question, the constitutional court justice cautioned that unfounded attacks on the judiciary risked undermining its legitimacy and the rule of the law

By Emsie Ferreira
Editorial: Please choose the chief justice judiciously, Mr President
Editorial
/ 27 January 2022

Editorial: Please choose the chief justice judiciously, Mr President

The judiciary is under attack from populists – again – and needs a leader who can balance tensions between rights in the Constitution brilliantly and bravely.

By Editorial
Andile Zulu: Sisulu obfuscates the true nature of power in South Africa
Opinion
/ 25 January 2022

Andile Zulu: Sisulu obfuscates the true nature of power in South Africa

Power in post-apartheid South Africa lies with the party, the state and capital. The tourism minister masks her complicity with bad governance, and being part of the economic and political elite.

By Andile Zulu
Sisulu accuses presidency of ‘deliberate mischief’
Politics
/ 21 January 2022

Sisulu accuses presidency of ‘deliberate mischief’

The minister’s open defiance has raised the stakes in a standoff that points to the looming power struggle President Cyril Ramaphosa faces

By Emsie Ferreira
Constitutional democratic order under attack: Ramaphosa
National
/ 17 January 2022

Constitutional democratic order under attack: Ramaphosa

The president said slurs against the judiciary, sabotage against institutions and the findings of the Zondo commission showed the need to protect democracy

By Emsie Ferreira
Mantashe: Sisulu did not bring the ANC into disrepute
Politics
/ 13 January 2022

Mantashe: Sisulu did not bring the ANC into disrepute

ANC chairperson Gwede Mantashe says the minister of tourism and a member of the party’s national executive committee was expressing her personal views when she attacked the integrity of the judiciary and the Constitution.

By Lizeka Tandwa
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
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
Ramaphosa calls for public nominations for new chief justice
National
/ 16 September 2021

Ramaphosa calls for public nominations for new chief justice

The president has named a panel of experts to help him draw up a shortlist of candidates in an unprecedented move that opens the appointment to consultation

By Emsie Ferreira
Who the State Security Agency reports to should not depend on current roleplayers
Opinion
/ 4 September 2021

Who the State Security Agency reports to should not depend on current roleplayers

Whether national security should be located inside or outside the presidency must be considered based on functionality and constitutional values

By Johann van der Westhuizen
Even religion has limits on its rights
Opinion
/ 8 May 2021

Even religion has limits on its rights

The constitution does protect faith — but not beyond what is reasonable

By Johann van der Westhuizen
Obituary to knowledge: Namibia high court sets fire to justice
Opinion
/ 22 April 2021

Obituary to knowledge: Namibia high court sets fire to justice

The court’s judgment not to allow a father to bring his children home is a travesty

By Michael Smolinsky
Freedom Under Law sends letter of demand to JSC on suspending Hlophe
National
/ 21 April 2021

Freedom Under Law sends letter of demand to JSC on suspending Hlophe

The letter follows the commission’s insistence that the embattled Western Cape judge president will partake in this week’s interviews of candidates

By Emsie Ferreira
Zuma threatens uprising against courts in latest attack on judiciary
National
/ 26 March 2021

Zuma threatens uprising against courts in latest attack on judiciary

The former president’s latest invective came after the Constitutional Court heard argument from the Zondo commission that he must be jailed for aggravated contempt

By Emsie Ferreira
Zambia may burn after the August elections. Here’s how to prevent this
Africa
/ 22 March 2021

Zambia may burn after the August elections. Here’s how to prevent this

The public’s lack of trust in formal institutions means the election is a potential tinderbox. The people of Zambia need to challenge the status quo

By Sishuwa Sishuwa
Report to JCC calls for tribunal to mull conflicting versions of judges’ damaging clash
National
/ 10 March 2021

Report to JCC calls for tribunal to mull conflicting versions of judges’ damaging clash

The tensions in the Western Cape division are likely to trigger another inquiry into Goliath’s and Salie-Hlophe’s dispute, with potentially dire consequences

By Emsie Ferreira
Zuma has agreed to meet ANC top six over ConCourt impasse — Ramaphosa
Politics
/ 26 February 2021

Zuma has agreed to meet ANC top six over ConCourt impasse — Ramaphosa

The president says the message to Jacob Zuma will be a simple one: respect the rule of law

By Emsie Ferreira
Zondo asks Constitutional Court to jail Zuma for two years for continued defiance
Politics
/ 22 February 2021

Zondo asks Constitutional Court to jail Zuma for two years for continued defiance

Zondo commission files urgent court papers asking that former president Jacob Zuma be imprisoned because his stance risks undermining the rule of law

By Emsie Ferreira
Malema shores up Zuma’s attack on the judiciary
Politics
/ 17 February 2021

Malema shores up Zuma’s attack on the judiciary

EFF leader warns judges they will be ‘overthrown’ for bias in favour of the ruling establishment

By Emsie Ferreira
It’s a Covid-style Sona 2021: No red carpet and high fashion
National
/ 1 February 2021

It’s a Covid-style Sona 2021: No red carpet and high fashion

Only 50 people will be present and everyone else will attend online, which is likely to save the state some money

By Eunice Masson
Zondo commission: Fraser personally signed off on SSA payments to ANA
National
/ 29 January 2021

Zondo commission: Fraser personally signed off on SSA payments to ANA

Journalists who received payments from the state security agency will be named only once the Zondo commission has notified them in writing

By Emma Balfour
Malawi elections provide a global lesson in democracy
Thought Leader
/ 23 November 2020

Malawi elections provide a global lesson in democracy

COMMENT: Opposition candidates and party can increase their chances of success at the polls by putting aside minor differences and presenting a united front

By Craig Moffat
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