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judicial independencelatest news & developments
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

Malawi’s constitutional standoff

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

The High Court has overturned a Home Affairs official’s decision to reject the asylum application of a man who fled his home country after he was imprisoned for homosexuality. Illustration: Lisa Nelson

Judge slams home affairs department for ‘unintelligible, illogical babble’ in gay case

An immigration official rejected the asylum application of a man from Chad who was jailed solely for homosexuality in his home country

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

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

Former Western Cape Judge President and current uMkhonto weSizwe party leader in parliament, John Hlophe, at the swearing-in ceremony of MK party members at Good Hope Chamber on June 25, 2024 in Cape Town. (Photo by Brenton Geach/Gallo Images via Getty Images)

High court interdict bars Hlophe from taking up seat at Judicial Service Commission

It was granted pending the hearing of three applications for review of the decision by MPs to appoint the former judge to the same commission that urged his impeachment

Retired judge Robert Nugent has urged reform in the Judicial Service Commission, emphasising the need to prioritise judicial independence

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

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 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

(Phill Magakoe/AFP)

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

Judiciary is last line of defence against government

SA’s judges have the unenviable job of ensuring that the state complies with the Constitution amid government’s poor decision-making and abuses.

Cyril Ramaphosa says a state capture inquiry should simultaneously be broad and focused.

Anti-judiciary rhetoric must be backed up

Cosatu is among those attacking the intrigrity of our judges. Bring the proof, and let’s talk about it.

Chief Justice Mogoeng Mogoeng.

South Africa must choose between accountability and blind trust

Mogoeng’s statement was by far the most sustained and tenacious defence of the judicial institution by a sitting chief justice.

Good for judges to challenge neutrality myth

Chief Justice Mogoeng Mogoeng’s bold declaration of his religious beliefs is, in fact, conducive to judicial impartiality.

Judicial accountability must be dealt with swiftly

Using a member of the NPA as an evidence leader compromises the principles of separation of powers and judicial independence.

Attempts to peddle a perception that the government of President Jacob Zuma is seeking to undermine the independence of the courts have no factual basis.

ANC: Judicial independence crucial to democracy

The ANC government, in particular under the Zuma presidency, has strengthened the judiciary’s independence, and findings otherwise are not factual.

Courting disaster with the judiciary

That the ANC and its president, Jacob Zuma, have an adversarial relationship with the judiciary is no longer a matter of conjecture.

Justice in a firestorm

US Supreme Court chief justice, Margaret H Marshall, tackles SA judiciary’s independence in this extract from the Bram Fischer Memorial Lecture.

We respect judicial independence, says Zuma

A call to reform SA’s judiciary does not mean judges’ independence will be compromised, President Jacob Zuma said on Monday.