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Separation Of Powers

latest news & developments
The Constitutional Court will rule on whether parliament acted lawfully when it rejected a Section 89 panel report recommending an impeachment inquiry into President Cyril Ramaphosa over the Phala Phala scandal
ATM

Constitutional Court expected to make landmark Phala Phala ruling on Friday

The Constitutional Court will rule on whether parliament acted lawfully when it rejected a Section 89 panel report recommending an impeachment inquiry into President Cyril…

  • Mandisa Makgakga
3 min read
Crisis: Malawian President Peter Mutharika’s veto exposes a legislature willing to override judicial authority in order to retain control over billions of Malawi kwacha in public development funds. Photo: State House Malawi
AFRICA

Malawi’s constitutional standoff

President vetoes attempt by lawmakers to amend the constitution to retain control

  • Collins Mtika
7 min read
The government of national unity. Photo: @Presidency/ZA/X
BASIC EDUCATION AMENDMENT ACT

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

  • David Mohale
5 min read
John Hlophe was impeached for trying to sway two apex court justices to decide applications linked to the arms deal in Jacob Zuma’s favour. Picture: Werner Beukes/SAPA
CONSTITUTIONAL LAW

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

  • Des Erasmus
5 min read
The government of national unity. Photo: @Presidency/ZA/X
CONSTITUTION 21ST AMENDMENT BILL

Principled, pragmatic law reform with promise

This contribution is a genuine effort at furthering what Andreas Schedler called “reform from below”, in his book The Self-Restraining State: Power and Accountability in New…

  • Lauren Kohn
14 min read
The JSC in 2021 affirmed a finding by the Judicial Conduct Tribunal that Hlophe had committed gross misconduct by raising a pending ruling relating to former president and now MK party leader Jacob Zuma’s arms deal corruption case with two constitutional court justices. File photo
AFRIFORUM

AfriForum heads to Concourt to challenge Hlophe’s appointment to Judicial Service Commission

The civil rights group argues that it was irrational and that parliament failed in its duty to oversee the commission

  • Emsie Ferreira
5 min read
Motata argues in his founding affidavit that President Cyril Ramaphosa’s decision to remove him from the bench should be set aside because he rubber-stamped a flawed decision by the National Assembly. (Paul Botes/M&G)
CONSTITUTIONAL COURT

Former judge Nkola Motata asks Concourt to overturn his impeachment

The president’s decision to remove him from the bench was flawed, Motata said, because the National Assembly was misled when it took a vote that triggered this step

  • Emsie Ferreira
5 min read