The governing ANC’s indifference to constitutionalism has left the constitution vulnerable to opportunistic attack by politicians.
Academic rigour, journalistic flair
Articles on South African law
Displaying 1 - 20 of 134 articles
The justice ministry had more than enough time to make the law constitutional. Failure to do so is an indictment on its leadership in the process.
The transfer of township rental houses to inhabitants did not necessarily give families greater security. “Family houses” were frequently acquired by individuals.
Whistleblowers should be entitled to financial support. But that has potential costs as well as benefits.
The challenges facing South African judges have been well documented for decades. They include the high number of unfilled vacancies and poor working conditions.
If an offender is lawfully released on medical parole, but their health improves or even if they are cured, they cannot be forced to return to prison.
Justice Mokgoro’s advocacy for group solidarity and reconciliation is discernible in several of her judgments.
South Africa’s courts are likely to set a high bar in cases brought against the government’s most recent state of disaster declaration.
A 1971 law, and the parallel growth of an illegal economy, shaped South Africa’s unique cannabis landscape.
The court should have given the public a much clearer understanding of how it came to its decision, and what consideration it had given to public opinion.
The decision is likely to be relied on by courts to order the Department of Correctional Services to grant offenders parole.
The new process of impeachment requires an objective test to be met.
In South Africa coalitions are weaponised as extensions of elections.
Regulating the sex work industry is the only way to protect sex workers from abuse and violence.
There is no such thing as ‘private’ religion. Beliefs have public implications. Yet, they cannot go unchecked when they cause harm.
It is important to embrace all the nation’s languages in a multilingual and multicultural society. This will ensure they are used, developed and mainstreamed.
Zondo’s career is made up of a tapestry of highlights, from lawyer to senior judge. He has written more than 200 judgments.
When judges, legislators, and policymakers neglect the foundational dynamics of indigenous customs, they worsen conflict between indigenous laws and state laws.
A judicial commission has found that the Guptas orchestrated massive corruption and the capture of the South African state, with the help of their friend, former president Jacob Zuma.
There has been a clear attempt to undermine the role of the Judicial Service Commission by some who sit on it.
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Associate Professor in Public Law, University of Cape Town
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Associate Professor in Public Law, University of Cape Town
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Professor Emeritus of Public Law, University of Cape Town
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Director, Centre for Legal Integration in Africa, University of the Western Cape
