Constitutional Court

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.

Moyane to approach ConCourt to seek stay of inquiry

2018-10-01 09:03

Suspended SARS boss Tom Moyane intends to approach the Constitutional Court on Monday asking it to direct President Cyril Ramaphosa to suspend or stay one or both of the tax agency's inquiries.

Reassess affirmative action policy

2018-09-17 08:17

Government must assess how it has framed affirmative action programmes in the last decade or so to determine if the problem is with affirmative action as such, or the way policies have been crafted, writes Ralph Mathekga.

What ConCourt's NPA judgment didn't fix

2018-08-17 11:03

The NPA has pursued baseless cases against opponents of people in power and is losing its effectiveness. How much of this did the ConCourt's judgment fix, asks Cathleen Powell.

Gardee confident that Parliament will be able to impeach Zuma

The Economic Freedom Fighters (EFF) secretary-general Godrich Gardee says it's 'high time, the crook Mr. Zuma goes'. He was confident that more ANC members could be convinced to side with opposition parties. Watch.

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Concourt strikes a blow for nature

2017-08-20 06:00

Nature conservation and geology are the biggest winners after the Constitutional Court upheld a decision of the Supreme Court of Appeal, which dismissed a mining company’s application to prospect for gold in a nature reserve.

AS IT HAPPENED: ConCourt rules that Speaker has the power to prescribe secret ballot

2017-06-22 09:42

The Constitutional Court has ruled that the decision of a secret ballot must go back to the Speaker.


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.

Why it's a good thing the ConCourt legalised private use of marijuana

2018-09-20 06:00

The Constitutional Court’s judgment is to be applauded for doing away with the moralistic and paternalistic assumption that marijuana use by adults in private is always wrong and unhealthy, writes Mary Nel.

Zuma may be gone, but how do we avoid a repeat of the disaster?

2018-09-06 08:59

The ruinous presidency of Jacob Zuma alerted us to dangerous holes in our constitutional democracy. But there seems to be no comprehensive effort to prevent a recurrence, writes Mpumelelo Mkhabela.

South Africa's freedom journey shows 1994 was merely a starting point

2018-04-30 08:26

One of the most endearing, or exasperating, things about South Africa is that citizens want to keep on believing in the 1994 dream, come hell or high water, writes Susan Booysen.

What if Uber loses?

2017-08-27 07:04

If Uber drivers gained employee rights, this would signify only a first step towards demanding radical changes to the current model of the global behemoth, frequently described as the “gig economy”.

ANALYSIS: Here's what the ConCourt secret ballot ruling means...

The Constitutional Court has ruled that the decision of a secret ballot must go back to the Speaker. Here's what that means...

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#SecretBallot will clear way for ANC MP's to vote with their conscience - Singh

IFP chief whip Narend Singh addressed the media on Monday evening after judgement was reserved in the Constitutional Court to hold a secret ballot in a proposed vote of no confidence against President Jacob Zuma. Watch.

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