South African Constitution
latest news & developments
Dearth of State briefing; death of black legal practice
Discriminatory procurement practices keep black law firms small, while many black advocates are forced to leave the Bar. LPC statistics for 2024 show that the largest majority…
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
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
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
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
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…
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
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
Is B-BBEE an anchor for democracy?
Empowering the poor should be what underlies every debate and policy adopted in South Africa
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
Disaster vs separation of powers
The Democratic Alliance’s court case is about much more than an esoteric question of constitutional law
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
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
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
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