It is becoming increasingly clear that South Africa’s policymakers can no longer ignore the country’s obligations in terms of international, regional and national human rights law.
The right to free and fair elections may be undermined if political parties cannot campaign due to COVID-19 restrictions by the state.
The ANC’s choice of parliamentary Speaker reflects poorly on the party leadership and contrasts starkly with President Cyril Ramaphosa’s commitment to uncorrupt governance.
At its core, the constitution holds a moral vision of people as autonomous moral agents, capable of rationally forming their own opinions.
It’s not convincing to argue that the political parties would not be able to campaign as they have done in the past.
The extent to which presidents adhere to the constitutional written code will have profound implications in relation to their use of executive power.
South Africa has many problems. But, as Jacob Zuma has found out, the strength of its rule of law and the independence of its judiciary should not be underestimated.
The judgment highlights the lack of interest by successive government ministers in curtailing the self-interested actions of rural elites.
Denying people the right to opt out of the traditional court system conflicts with the notion of customary law as a voluntary and consensual system of law.
Instead of being a democratic right and legitimate form of expression, protests have increasingly been framed as threats to national security.
The country still has a way to go in addressing the challenges of social inequity. But there has been some progress in every sphere of government.
Kimi Makwetu embodied the values of integrity, selflessness, humility and hard work. He steadfastly believed in the South African constitution.
The proposed new law has a long history. The country has been trying for almost 12 years now to come up with expropriation legislation that is in line with the constitution.
A realignment is needed as the current systems have lost the competence to midwife a new nation out of the formative experiences of the last 25 years.
Clashes between mining companies and communities are often about the age-old question of whether mining, with its adverse impacts, can benefit the many or only a selected few.
South African neighbour law also requires property owners to tolerate a degree of nuisance from their neighbours.
While restrictions on civil and political liberties may be necessary to protect lives, human rights law requires that they go no further than what’s strictly necessary to achieve this goal.
Mandela left at the right time in 1999, when the country still seemed in a healthy state, after which he consolidated his international reputation.
To afford sufficient protection to marginalised people in society - such as women in minority religious communities - the state must recognise and regulate religious marriages in a nuanced way.
South Africa’s Constitutional Court verdict is possibly a defining moment for South Africa’s electoral system.