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Articles on South African constitution

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Prince Misuzulu, second from the left, attends the provincial memorial service for his mother, the late Mantfombi Dlamini, at the Khangelakamankegane Royal Palace in Nongoma, in May 2021. AFP via Getty Images

What the Zulu kingship judgment tells us about the future of South African customary law

When judges, legislators, and policymakers neglect the foundational dynamics of indigenous customs, they worsen conflict between indigenous laws and state laws.
A man gets vaccinated at the recent launch by President Cyril Ramaphosa of a vaccination campaign. in Katlehong, Gauteng Province. GCIS/Flickr

Human rights and COVID restrictions: what South Africans are willing to give up

Most adults were prepared to sacrifice their rights to ensure the safety and health of all during the pandemic, averaging 74%.
Residents of Masiphumelele informal settlement in Cape Town gather to collect food parcels provided by One South Africa Movement representative. EFE-EPA/Nic Bothma

Making economic policy in South Africa in hard times: the role of human rights

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.
South African president Cyril Ramaphosa delivers a speech next to a statue of the late former president Nelson Mandela in Cape Town in 2020. EPA-EFE/Ruvan Boshoff

South Africa since 1994: a mixed bag of presidents and patchy institution-building

The extent to which presidents adhere to the constitutional written code will have profound implications in relation to their use of executive power.
One of the problems with traditional courts is that they marginalise women. Rajesh Jantilal/AFP via Getty Images

South Africa’s efforts to fix traditional courts hit a snag

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.
Young Sandi Sile on an abandoned structure in Makhanda, South Africa, in 2013. Questions remain about how the new law will treat abandoned land. Getty Images

South Africa has another go at an expropriation law. What it’s all about

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.

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