Mpumelelo Mkhabela: Beware the coronavirus threats to our Constitution

2020-03-26 09:07

What the constitutional and legal provisions sought to prevent - rampant collusion, excessive pricing, corruption and general rogue market conduct among private sector players - could prove costly to the public, writes Mpumelelo Mkhabela.

Elmien du Plessis: The ANC's position on expropriation not new, courts remain final arbiter

2020-01-27 09:54

The ANC has not departed from its historical position about expropriation without compensation, writes Elmien du Plessis. And the governing party and the state won't be able to eschew the courts, it would be unconstitutional.

Religious autonomy, Constitution prescripts clash in same-sex debate as marriage act comes into focus

2019-10-23 20:07

Home Affairs Minister Aaron Motsoaledi has convened gathering of religious leaders in Cape Town in a continued effort to shed light on the limitations of the South African Marriage Act and to find a way to enhance it.

On constitutions, commissions and self-conscious nerds

2019-08-04 07:15

For an outsider who is lucky enough to live and work in South Africa, it is fascinating to see how the rule of law has taken centre stage in so many recent political issues – without this always being explicit, writes Martin Schäfer.

On Putin, the end of liberalism and the dangerous figures in SA's democracy

2019-07-25 16:40

South Africa's expansive social welfare system is an essential buffer for all those millions of people who do not benefit from the neo-liberal aspects of government policy. But more needs to be done, writes Christi van der Westhuizen.

Lawfare: Why blaming the Constitution for SA's problems is not the answer

2019-04-16 10:09

In addition to the consequences of the deepening phenomenon of lawfare, another set of challenges to the constitutional project has emerged, namely the fact the Constitution itself has become an object of criticism.

Judgment against Dutch Reformed Church raises tricky legal questions

2019-03-15 09:15

A court order that protects members of the LGBT community is obviously to be welcomed. But the recent judgment against the Dutch Reformed Church is not without its own incoherencies, writes Serjeant at the Bar.

Electoral Act not in line with Constitution - lawyer for independent candidates

2019-03-08 04:54

The Electoral Act is not in line with the Constitution as it does not allow individuals to stand for elections without being part of a political party, the Western Cape High Court has heard.

Land reform gets R10bn as ANC punts expropriation

2019-02-20 14:41

Budget 2019 allocates R10.4bn to the Department of Rural Development and Land Reform to bolster its capacity to expedite the land restitution process.

Expropriation Bill: Striking a balance in land reform

2019-02-03 06:00

The new Expropriation Bill is a reasonable piece of legislation, that needs to now be applied in a tumultuous environment. The question is always how effective a law can be, when politics are messy.


SA courts must stay open – for challenges to lockdown rules, says Chief Justice

2020-03-25 13:53

South African courts will keep hearing domestic violence matters, and cases dealing with children, Chief Justice Mogoeng Mogoeng says – and in case members of the public want to challenge the national shutdown.

Expropriation without compensation: Have your say on the draft bill

2019-12-07 16:25

Written submissions have opened on the draft bill to amend Section 25 of the Constitution, which deals with expropriation of land without compensation.

Ralph Mathekga: Will populism take down democracy?

2019-09-17 08:19

Will populist political projects eventually lead to the collapse of democracy? The answer is complicated, but there is a second option, writes Ralph Mathekga.

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.

Solly Moeng: It's Ramaphosa's time, and we should stand behind him

2019-05-29 06:02

Few men and women in South African politics have had as many false starts as President Cyril Ramaphosa has, but he'll be writing his chapter in history now, says Solly Moeng.

Are election candidates fit to hold office?

2019-03-19 05:00

Respect for Parliament is heavily dependent on the integrity of its membership. We therefor need MPs who are fully committed to uphold the law and the Constitution, writes Lawson Naidoo.

System that allows Dlamini, Mokonyane, Zwane to become MPs is flawed

2019-03-14 10:48

Strictly speaking, there is nothing in the Constitution that prevents controversial ANC MPs like Bathabile Dlamini from being elected to Parliament. This is a problem, writes Mpumelelo Mkhabela.

Lessons on land from John Kani

2019-02-24 06:00

This conversation about land reform is polarising, emotional and damn difficult, because we are, in fact, having two conversations conflated in one. And both are not very well facilitated, writes Elmien du Plessis.

Thoko Didiza appointed chair of land expropriation committee

2019-02-12 20:00

The formal process of amending the Constitution to allow land expropriation without compensation started on Tuesday with the election of ANC MP Thoko Didiza as chairperson of Parliament's ad-hoc committee.

The 7 factors that will shape SA's economy in 2030

2019-02-01 13:18

There are seven factors which will shape the SA economy 10 years from now, says Professor André Roux of Stellenbosch Business School.

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