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South African Constitution

Lamola says organisations ‘like AfriForum’ are anti-constitutional
Politics
/ 31 March 2025

Lamola says organisations ‘like AfriForum’ are anti-constitutional

The minister also took a swipe at the DA during the inaugural Aziz Pahad dialogue, saying government was implementing the will of the people, not ANC policy

By Des Erasmus
Mafora’s ‘legal fictions’ nullify constitutional supremacy
Thought Leader
/ 19 February 2025

Mafora’s ‘legal fictions’ nullify constitutional supremacy

In systems of constitutional supremacy, constitutions may introduce legal fictions, but legal fictions may not be introduced into constitutions, like the Expropriation Act does

By Martin van Staden
The Expropriation Act is necessarily unconstitutional
Thought Leader
/ 29 January 2025

The Expropriation Act is necessarily unconstitutional

Expropriation law is not a tool of punishment or reparation, it is a tool of social improvement that can only be used under exceptional circumstances

By Martin van Staden
Nugent calls for reform in judicial appointments, condemns ‘political caucusing’ at JSC
National
/ 3 September 2024

Nugent calls for reform in judicial appointments, condemns ‘political caucusing’ at JSC

The retired judge has urged reform in the Judicial Service Commission, emphasising the need to prioritise judicial independence

By Des Erasmus
Harsher sanctions sought against teachers who use corporal punishment 
Education
/ 17 March 2024

Harsher sanctions sought against teachers who use corporal punishment 

Section27 has asked the South African Council of Educators to amend its mandatory sanctions policy to include rehabilitative and corrective measures for teachers who assault children

By Umamah Bakharia
Ramaphosa: SA must address social issues to uphold Constitution
National
/ 22 March 2023

Ramaphosa: SA must address social issues to uphold Constitution

The president tells conference problems such as land reform, crime, corruption, poor governance and the weak economy are undermining people’s rights

By Mandisa Ndlovu
The right to silence in South Africa’s Constitution is in need of amendment
Opinion
/ 7 September 2022

The right to silence in South Africa’s Constitution is in need of amendment

The Oscar Pistorius trial shows how tweaking the right to silence would not jeopardies justice but would enhance it

By Chris Greenland
Is B-BBEE an anchor for democracy?
Opinion
/ 28 September 2021

Is B-BBEE an anchor for democracy?

Empowering the poor should be what underlies every debate and policy adopted in South Africa

By Monde Ndlovu
Overhaul and align laws on use of force
Analysis
/ 21 May 2020

Overhaul and align laws on use of force

Guidelines can’t regulate the police and military’s use of lethal force and will, in the end, be subordinate
to bad legislation

By Sean Tait
Disaster vs separation of powers
Coronavirus
/ 21 May 2020

Disaster vs separation of powers

The Democratic Alliance’s court case is about much more than an esoteric question of constitutional law

By Franny Rabkin
New digital regulations mean the state can track you — no questions asked
Article
/ 31 March 2020

New digital regulations mean the state can track you — no questions asked

The provisions have been introduced to contain the spread of Covid-19, but some may infringe on certain constitutional rights

By Avani Singh and Michael Power
The lockdown: South Africa’s test of its democracy
Article
/ 30 March 2020

The lockdown: South Africa’s test of its democracy

How South African citizens, the police and the army, and politicians behave during the 21-day lockdown will have far-reaching implications for our democracy

By Zaheera Jinnah
South Africa’s travel ban commences
Article
/ 18 March 2020

South Africa’s travel ban commences

The travel restrictions will allow South Africa to turn back passengers arriving from areas affected by Covid-19 that are deemed high risk

By Tshegofatso Mathe
Politicians should take responsibility for Busisiwe Mkhwebane’s appointment
Article
/ 17 March 2020

Politicians should take responsibility for Busisiwe Mkhwebane’s appointment

The process of appointing the public protector is flawed, and led by politicians who don’t seem to have paid attention to the law. This has to change

By Dianne Hawker
Compensation Fund capacity grilled
Article
/ 12 March 2020

Compensation Fund capacity grilled

Despite fears that backdated claims by domestic workers may cripple the beleaguered Compensation Fund, the labour department said it will honour its legal obligations

By Sarah Smit
Corona and repatriation: What does the law say?
Article
/ 12 March 2020

Corona and repatriation: What does the law say?

Experts agree that there is no lawful justification for refusing a citizen entry into South Africa. However, this may be regulated by national legislation, provided it is constitutional

By Franny Rabkin
The argument against appointing a ‘land tsar’
Analysis
/ 6 February 2020

The argument against appointing a ‘land tsar’

The pace of land reform needs to be increased. But taking power from the courts and giving it to the executive will only create more policy uncertainty

By Busisiwe Mavuso
​Restraints of Trade
Article
/ 5 July 2018

​Restraints of Trade

Can a worker skilled in a certain area be prevented from exercising this skill by a former employer?

By Staff Reporter
Populism wins out at Nasrec
Article
/ 20 December 2017

Populism wins out at Nasrec

While the question of the Reserve Bank’s state-ownership appeared a done deal before the conference commenced, the resolution on land was unforeseen.

By Staff Reporter
​How to Zuma-proof the future
Article
/ 2 December 2016

​How to Zuma-proof the future

Stop South Africa’s own man-made calamity from recurring with these simple steps.

By Staff Reporter
​New law makes whistle-blowing riskier
Analysis
/ 18 November 2016

​New law makes whistle-blowing riskier

Research shows that the number of whistle-blowers is declining in South Africa.

By Staff Reporter
Visionary Tambo shaped our new SA
Analysis
/ 20 October 2016

Visionary Tambo shaped our new SA

He had the vision and the conviction that a Bill of Rights was the right way to go

By Staff Reporter
Amended drone rules may violate privacy rights
Article
/ 28 January 2015

Amended drone rules may violate privacy rights

Amended drone usage regulations by the Civil Aviation Authority have received comments that they did not take people’s right to privacy into account.

By Staff Reporter
Phosa: SA must debate changes to the Constitution
Article
/ 6 June 2012

Phosa: SA must debate changes to the Constitution

ANC treasurer general Mathews Phosa says SA must debate possible changes to the Constitution but it mustn’t be changed for narrow political interests.

By Sapa Author
In defence of Mogoeng
Article
/ 30 March 2012

In defence of Mogoeng

Did Mogoeng’s gaffe really threaten the separation of church and state, asks <b>Verashni Pillay</b>

By Verashni Pillay
Manuel pushes for more political activism
Article
/ 29 March 2012

Manuel pushes for more political activism

Minister in the Presidency Trevor Manuel says South Africans need to be more active in politics than they were during the anti-apartheid struggle.

By Ahmed areff
Judges cannot bow to religion
Article
/ 16 March 2012

Judges cannot bow to religion

Judge Mogoeng Mogoeng has invited his colleagues to attend a faith-based conference but this is contrary to the spirit of South Africa’s Constitution.

By Staff Reporter
Draft policies are ‘not the final word’
Article
/ 9 March 2012

Draft policies are ‘not the final word’

ANC draft policies have apparently been hurriedly watered down to calm investors who were alarmed by leaked reports.

By Sharda Naidoo
No image available
Article
/ 9 March 2012

Don’t spare us, Jeff

Jeff Radebe has articulated the ANC’s stance on the constitution rather terribly.

By Staff Reporter
In love with SA’s Constitution
Article
/ 24 February 2012

In love with SA’s Constitution

Why does a US Supreme Court justice prefer South Africa’s Constitution to her own?

By Rowan Philp
Traditional Courts Bill out of step
Article
/ 16 February 2012

Traditional Courts Bill out of step

Proposed new traditional laws have been slammed by civic groups as unconstitutional, saying they would impede rural women’s rights in particular.

By Heidi Swart
Time to reconstitute the NPA
Article
/ 4 August 2010

Time to reconstitute the NPA

Jackie Selebi’s conviction has been a victory for the independence of the judiciary, but now the onus is on the NPA to prove itself.

By Staff Reporter
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