ARTICLES RELATING TO CONSTITUTIONAL COURT

Telkom to take on SARS in ConCourt over tax judgment

2020-03-31 19:33

An adverse ruling passed in March has significant implications for Telkom's cash flow.

NGO challenges constitutionality of lockdown, files Constitutional Court papers

2020-03-29 07:37

An organisation has filed papers in the Constitutional Court seeking leave to challenge President Cyril Ramaphosa's order that the country should go into lockdown for 21 days to curb the spread of the novel coronavirus.

Constitutional Court asked to strengthen independence of prisons inspectorate

2020-03-04 18:43

The Constitutional Court has been asked to declare unconstitutional sections of the law which limit the independence of the Judicial Inspectorate for Correctional Services from the Department of Justice and Correctional Services and hinder its role of oversight of the prisons.

Can you be retrenched without being consulted? Constitutional Court makes a far-reaching ruling

2020-01-27 17:23

When a union negotiates a retrenchment agreement with an employer, should this be binding on employees who are not members of the union? The Constitutional Court ruled on this last week, writes Wilmien Wicomb.

Gordhan, Mkhwebane to face off in ConCourt over 'rogue unit' report interdict

2019-11-28 07:00

The apex court will hear oral arguments in the latest round of the case that has pitted the public protector against the minister of public enterprises.

Constitutional Court: Sections of Intimidation Act limit freedom of expression

2019-10-22 12:24

In a unanimous judgment, the Constitutional Court has ruled that sections of the Intimidation Act are unconstitutional, finding that it limits the right to freedom of expression.

ConCourt refuses to declare section of law on school asset attachments constitutionally invalid

2019-10-09 17:29

The Constitutional Court has refused to confirm a KwaZulu-Natal High Court's declaration that a section of the South African Schools Act, which bars the attachment of school assets, is constitutionally invalid.

Too many key institutions are not rising to the challenge

2019-06-21 15:00

Parliament's failure during the Zuma years made a mockery of a constitutional model in which the legislature was supposed to hold the executive accountable. It meant the courts became the only mechanism to do this, writes Serjeant at the Bar.

ConCourt rules Refugees Act doesn't place time limitation on asylum applications

2018-12-20 14:39

The Constitutional Court has ruled that the Refugees Act does not place a time limit on when asylum seekers have to apply for asylum once they have arrived in South Africa.

Ramaphosa grants SARS inquiry two-week extension for final report

2018-11-27 13:15

President Cyril Ramaphosa has granted the Nugent Commission of Inquiry an extension to file its final report on the state of tax administration and governance at the SA Revenue Service.

 

ConCourt dismisses NGO's application to challenge SA's 21-day lockdown

2020-03-30 14:44

The Hola Bon Renaissance (HBR) Foundation applied for direct access to the Constitutional Court on an urgent basis and cited the President, the Deputy President and the Presidency as respondents in the matter.

Lindiwe Mazibuko: South Africa needs electoral reform that meets the needs of a changing nation

2020-03-09 11:25

Ethical leaders can only transform our society if they emerge from a functional, constitutionally-sound electoral system that caters for the participation of a range of political actors and movements, writes Lindiwe Mazibuko

Safeguards from 'infringement' in RICA are sufficient, ConCourt hears

2020-02-26 05:38

The safeguards from any unreasonable infringement of the right to privacy in the Regulation of Interception of Communication Act (RICA) are enough, the Constitutional Court has heard.

Commission for Gender Equality welcomes 'timeous' ConCourt ruling on common purpose in gang rape

2019-12-14 19:48

The Commission for Gender Equality has welcomed a ruling by the Constitutional Court dismissing a case of two rapists who went on a rampage, raping women in a suburb of Tembisa in Gauteng 21 years ago.

Ramaphosa appoints Constitutional Court judge Sisi Khampepe as acting deputy chief justice

2019-11-05 12:07

President Cyril Ramaphosa has appointed Constitutional Court judge Sisi Khampepe as acting deputy chief justice, effective from November 1.

Mkhwebane believes court order in Gordhan legal battle undermines her office's work - report

2019-10-18 09:25

Public Protector Busisiwe Mkhwebane believes that a High Court ruling suspending the implementation of remedial action against Public Enterprises Minister Pravin Gordhan has stripped her office of power and undermined her work.

Constitutional Court to rule on Public Protector, SA Reserve Bank matter

2019-07-19 14:24

The Constitutional Court is set to rule in the matter between Public Protector Busisiwe Mkhwebane and the SA Reserve Bank, according to a tweet from the country’s apex court.

Without the NPA upholding the rule of law, we are 'dead in the water'

2019-04-25 10:52

Whether one wields power or is of the most vulnerable, the rule of law guarantees equal treatment. Without it, the vision of a constitutional democracy is dead in the water, writes Yvonne Mokgoro.

ConCourt agrees: People guilty of serious crimes will not qualify for refugee status

2018-12-06 21:02

The Constitutional Court has upheld the constitutionality of provisions of the Refugees Act that ban individuals who have committed serious crimes from being eligible for refugee status.

ConCourt dismisses Moyane application

2018-11-26 13:16

The Constitutional Court has dismissed an application by axed SARS commissioner Tom Moyane to have the Nugent Commission of inquiry set aside and his dismissal overturned.

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