Constitutional Court


Omotoso heads to Constitutional Court after SCA denies leave to appeal bid

2019-10-21 10:38

Rape-accused pastor Timothy Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, will be heading to the Constitutional Court after they lost their bid to appeal Judge Irma Schoeman's dismissal of their application for the exclusion of international charges against them.

Molefe misses deadline to pay back pension money, EPPF vows 'prompt' action

2019-08-23 21:07

The Eskom Pension and Provident Fund has confirmed that it received no payment from former Eskom CEO Brian Molefe for the more than R10m he was paid by the fund.

Employees and cannabis: Experts explain how not to make a hash of it

2019-08-22 18:18

Webber Wentzel specialists warned that a scenario of using cannabis in the workplace or reporting for duty whilst under the influence of smoked cannabis may not be very different to employees using alcohol in private and then reporting for work.

Nothing in Section 19 of Constitution allows independent candidates to run for election, ConCourt hears

2019-08-15 15:56

Lawyers representing the Electoral Commission of SA have argued that Section 19 of the Constitution – used as a basis for a court challenge lodged by the New Nation Movement - does not allow an independent candidate to run in national and provincial elections.

The DA's case for the Public Protector and against Busisiwe Mkhwebane

2019-08-01 05:00

Nothing has changed regarding the constitutional mandate of the Public Protector. The office is still “one of the most invaluable constitutional gifts to our nation” and the DA will continue to refer complaints to it, writes John Steenhuisen.

The legal argument for removing the Public Protector

2019-07-26 08:52

The Public Protector has shown no sign of considering her position. It is therefore to Parliament that one must turn to resolve the problem, writes Serjeant at the Bar.

Land: Public participation does not mean everyone's views can prevail

2018-12-03 13:52

In assessing whether Parliament facilitated a public participation process, the standard is one of reasonableness, and what is reasonable will depend on the particular facts, writes Elmien du Plessis.

Little that can aid Moyane's desperate attempts to save his job

2018-11-30 08:53

It is difficult to understand an argument that President Cyril Ramaphosa did not act rationally when he fired Tom Moyane. The evidence concerning the demise of SARS under Moyane is too damning, writes Serjeant at the Bar.

Ramaphosa is running out of excuses not to fire Gigaba

2018-11-02 11:50

Malusi Gigaba's situation has taken a turn for the worse with two critical rulings against him in just a few days after, but unrelated to, the leak of what for him was a private mouthwatering item, writes Mpumelelo Mkhabela.

5 reasons why Tom Moyane’s disciplinary was postponed

2018-10-05 06:39

Suspended SARS boss Tom Moyane on Thursday claimed a crucial victory in the ongoing battle over his removal from the tax agency by President Cyril Ramaphosa in March this year.

 

OPINION | Spanking: Edging towards a nanny state (without the ability to nanny)

2019-09-18 19:00

We live in an age of extreme understanding and fantastic sensitivity. Which is wonderful as long as the product of our sensitivity isn't spoiled and self-absorbed and entitled children, writes Howard Feldman.

Brian Molefe’s D-day arrives - but no R10m yet

2019-08-22 20:00

The Eskom Pension and Provident Fund is expecting more than R10m to enter its account by close of business on Thursday from former Eskom CEO Brian Molefe.

Molefe must pay back R10m, Eskom pension fund confirms

2019-08-16 20:25

The Eskom Pension and Provident Fund has told Fin24 that it directed its attorneys to act in line with the ruling of the North Gauteng High Court, confirming that Molefe has less than a week to pay up.

ConCourt dismisses Henri Van Breda's leave to appeal conviction and murder sentence

2019-08-05 20:53

The Constitutional Court has dismissed yet another bid by triple axe murderer Henri Van Breda for leave to appeal his murder conviction and sentence but granted him an application for condonation.

As political lawfare burgeons, what does it mean for SA's fledgling democracy?

2019-07-27 08:00

How has the most recent judgment concerning Advocate Busisiwe Mkhwebane, affected this vital cog in the democratic framework, asks Hugh Corder.

Mkhwebane must learn from ConCourt finding

2019-07-23 13:30

Mkhwebane owes us, South Africans absolute fiduciary duties. We expect her to execute her duties without fear or favour so that her decisions can indeed strengthen our democracy, writes Mahlodi Muofhe.

Quietly adopted rules to remove president empower National Assembly

2018-12-02 06:00

The adoption of new rules for removing a president through Parliament represents an advancement in South Africa's democratic health, writes Phephelaphi Dube.

Disregarding 99.9% of land submissions likely to trigger judicial review

2018-11-11 09:50

The Joint Constitutional Review Committee is planning to disregard more than 99.9% of the written submissions sent in to it on the issue of land expropriation without compensation, writes Anthea Jeffery.

ConCourt raises the bar for recognising informal land rights

2018-11-02 08:52

Unlike the High Court, the Constitutional Court lifted its judicial gaze above legal formalism to see the history behind the Lesetlheng community's claim to land, writes Serjeant at the Bar.

Moyane disciplinary postponement ‘fair, just and practical’ – disciplinary chair

2018-10-04 15:58

The ruling was made on Thursday afternoon by Advocate Azhar Bham, chairperson of the disciplinary inquiry into the former head of the tax agency.

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