Tembeka Ngcukaitobi – The Mail & Guardian

/ 29 November 2024

EFF case brings back the spectre, and strangeness, of Phala Phala

Judges ask the president’s and the National Assembly’s counsel if parliament threw the baby out with the bathwater

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By Emsie Ferreira

National

/ 8 October 2024

Judicial Service Commission hears plea for judicial rethink on land reform

Judge Susannah Cowen said South Africa was waiting for land justice and the constitutional court should lead the way

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By Emsie Ferreira

National

/ 10 May 2024

Electoral commission tells concourt all Zuma’s arguments against ineligibility are wrong

The hearing of the IEC’s appeal to the electoral court’s finding that Zuma was eligible for parliament saw a tense exchange between counsel and the bench

By Emsie Ferreira

National

/ 24 April 2024

State wins its appeal of controversial Coko rape ruling

The supreme court of appeal confirms stringent standard for consent as defence in rape cases

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By Emsie Ferreira

Politics

/ 9 April 2024

Electoral court finds Zuma eligible to participate in elections

This will be seen as another blow to the ANC’s prospects of regaining its majority

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By Lizeka Tandwa

Politics

/ 9 April 2024

Court to rule on Jacob Zuma’s election eligibility today

Zuma says he can again be president because he did not serve two full terms

By Lunga Mzangwe

Analysis

/ 31 March 2024

God edition: Where is God in the Gaza war?

The Israeli invasion is also a battle between religion and law with no certain outcome

By Emsie Ferreira

Politics

/ 31 January 2024

No SONA for Malema and crew as high court dismisses application

Floyd Shivambu and Marshall Dlamini are also among the senior members who will not be able to attend, the result of their storming the stage at SONA 2023

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By Mandisa Nyathi

World

/ 4 January 2024

Countries called to support SA’s genocide case against Israel

Turkey and Malaysia have already backed the application, which the US has deemed ‘meritless, counterproductive and completely without any basis in fact whatsoever’

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By Sarah Smit

Politics

/ 20 November 2023

EFF MPs walk out of parliament’s disciplinary hearing citing an unfair process

The Economic Freedom Fighters want to subpoena Ramaphosa to testify about whether he felt threatened when its members jumped onto the stage during his State of the Nation address in February

By Mandisa Nyathi

Opinion

/ 11 July 2023

Tembeka Ngcukaitobi’s keynote address ignores some facts

The advocate’s speech on inequality, apartheid, the ANC and optimism at the M&G’s 200 Young South Africans event is wanting in a number of aspects

By Jeff Rudin

Politics

/ 3 May 2023

Court rules ANC can serve summons on De Ruyter in Germany

The Pretoria high court granted an order, unopposed, to allow it to serve papers abroad in its defamation suit against the former Eskom chief executive

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By Emsie Ferreira

National

/ 28 April 2023

ANC strikes first, sues De Ruyter

Party says the move is to vindicate its ‘reputation’ but the timing suggests it’s a pre-emptive strike

By Emsie Ferreira

National

/ 14 April 2023

The trouble with the JSC and the Concourt

With only three candidates shortlisted, the JSC will again not be able to fill a vacancy that arose at the constitutional court in late 2021

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By Emsie Ferreira

National

/ 20 March 2023

Load-shedding is not an act of God, litigants tell high court

It was caused by the failings of the government, which has a responsibility to spare hospitals, schools and police stations to protect people’s rights

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By Emsie Ferreira

National

/ 17 March 2023

Eskom’s pleas contradict vow to end power cuts in two years

The utility’s reasoning in papers before court showed, if true, that the timeframes in its Generation Recovery Plan cannot be met, applicants in a constitutional challenge say

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By Emsie Ferreira

Opinion

/ 4 March 2023

Legality of evil: Robert Sobukwe and the apartheid legal order

Tembeka Ngcukaitobi commemorates the 45th anniversary of the death of Robert Mangaliso Sobukwe

By Tembeka Ngcukaitobi

National

/ 20 January 2023

Gordhan asks for more time on legal demands relating to load-shedding

Public enterprises minister raises complexity of issues involved in response to a letter of demand from parties planning to sue the state

By Emsie Ferreira

National

/ 10 October 2022

Hlophe grills aspirant Western Cape judges

While he challenges its recommendation that he be suspended, the judge president was allowed to take part in the JSC interviews with candidates in his division

By Emsie Ferreira

National

/ 15 February 2022

Hlophe is trying to place impeachment in limbo: Ngcukaitobi

The embattled Western Cape judge president lacks a sound argument in law and in his review bid is seeking to disqualify his peers from holding him to account, the high court heard

By Emsie Ferreira

National

/ 4 January 2022

High court dismisses bid to bar Zondo from giving report to Ramaphosa

The last-minute application by Democracy in Action was a case of self-created urgency, the court said in a ruling handed down mere hours before the planned handover of a hard copy of Zondo’s first set of findings

By Emsie Ferreira

The Green Guardian

/ 28 December 2021

High court halts Shell’s seismic exploration along Wild Coast

Judge Gerald Bloem sustained the argument from affected local communities that the oil giant had failed to consult and to refute their evidence that it would cause lasting harm to marine life

By Emsie Ferreira

National

/ 20 October 2021

Coko vs S ruling: The case against a subjective test on consent in rape trials

Acting judge Tembeka Ngcukaitobi’s acquittal of a rape suspect has raised controversy, but legal experts say the fault lay with legislators and not the court

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By Emsie Ferreira

National

/ 12 October 2021

JSC lets politics trump conscience and excellence

The sense that the commissioners who nominated five candidates for appointment to the Constitutional Court voted for their constituencies, rather than with their conscience, is difficult to shake off.

By Niren Tolsi

National

/ 12 July 2021

Constitutional Court reserves judgment in Zuma case

Mpofu’s argument that Zuma was denied his constitutional rights by apex court’s prison sentence for contempt shot down as ‘absurd’

By Emsie Ferreira

National

/ 11 July 2021

More hurdles for Zuma as showdown looms at constitutional court

The former president’s application to have his sentence rescinded fails the textbook tests for rescission and sees him persist in the contempt that resulted in a 15-month prison term, the commission argues

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By Emsie Ferreira

Politics

/ 7 July 2021

Zuma’s latest court papers is further testimony to his contempt, Zondo commission argues

The former president’s application for rescission is a bid to distort the law and the facts of the matter that earned him a 15-month sentence for contempt, the commission secretary said

By Emsie Ferreira

Politics

/ 6 July 2021

Zuma should be in jail now, Zondo lawyer tells high court

The Pietermaritzburg high court has reserved judgment on the former president’s urgent application to stay his warrant of arrest, leaving it moot whether the police will respect a deadline by the apex court to take him into custody before midnight on Wednesday

By Emsie Ferreira

Politics

/ 6 July 2021

Zuma’s high court bid to avert arrest hinges on jurisdiction, judge says

Dali Mpofu ‘kitchen-sinked’ the case for jurisdiction, but the Zondo commission will counter that the former president’s only avenue is the apex court

By Emsie Ferreira

Politics

/ 29 June 2021

Zondo welcomes Zuma’s 15-month sentence

The Zondo commission says the Constitutional Court sentence vindicated the rule of law and the authority of the courts

By Emsie Ferreira

National

/ 24 June 2021

The trouble with clamouring for the Constitutional Court to rule on Zuma

Despite the public interest in the ruling, the commission’s deadline has become irrelevant as it abandoned hope of forcing the former president to testify

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By Emsie Ferreira

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

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