Indigenous people’s concerns and considerations could provide a strong basis for climate litigation in South Africa.
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Articles on South African law
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Firearms may provide firearm owners with a means of self-defence in confrontations with criminals, but the unlawful use of a licensed firearm can have negative legal consequences.
The court covered itself in glory in the first 15 years, but its performance has been patchy since then, coinciding with Jacob Zuma’s presidency.
South Africa is among a few countries that completely prohibit the involvement of citizens in foreign armed conflict.
John Hlophe’s impeachment sets an example to other members of the judiciary who may feel tempted to abuse their power.
The judgment will also benefit spouses in Muslim marriages, which were legally recognised in a 2022 Constitutional Court judgment.
The governing ANC’s indifference to constitutionalism has left the constitution vulnerable to opportunistic attack by politicians.
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.
Top contributors
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Emeritus 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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Professor of Law, New York Law School
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Professor of Sociology, University of the Witwatersrand
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Executive Dean and Full Professor, Faculty of Management and Law, University of Limpopo
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Professor of Digital Society, University of Glasgow
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Professor of Legal Pluralism, Religious Family Laws, and Human Rights, University of Cape Town
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Postdoctoral fellow, University of Cape Town
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Associate Professor, Sociology, University of Fort Hare
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Professor in Political Science, University of South Africa
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Professor of Public Affairs, Tshwane University of Technology
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Claude Leon Foundation Chair in Constitutional Governance, University of Cape Town
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Associate Professor of Commercial Law, University of Cape Town
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Research Fellow, University of Antwerp (Belgium) and University of the Free State (South Africa), University of the Free State
