Serjeant at the Bar: The case against amalgamating the Constitutional and Supreme Court of Appeal

2019-10-29 05:00

The argument against the amalgamation of the Constitutional and Supreme Court of Appeal may have additional traction in that, within a year, the former has split twice 5:5 on the relevant law, writes Serjeant at the Bar.

ConCourt rules against historical inequalities in land ownership

2019-08-22 20:57

The Constitutional Court has confirmed Section 1 of the Land Affairs General Amendment Act and Section 25A of the Upgrading Act was inconsistent with the Constitution and invalid.

OPINION: Why the EFF's threat to the judiciary is a threat to our democracy

2019-08-19 09:28

We as a nation should not allow threats to our democracy to continue without rage and disdain. We should not allow populists to shape our understanding of that which protects us most, writes Bouwer van Niekerk.

Are the findings against Mkhwebane enough for her to be struck off the advocates' roll?

2019-07-24 12:38

With questions regarding Mkhwebane's ethical conduct and a finding that her office failed to discharge its functions without fear, favour or prejudice, the Public Protector's credibility has been dealt a serious blow, writes Phephelaphi Dube.

Request for Mkhwebane to be struck off advocates roll for 'lying under oath'

2019-07-22 14:51

Public Protector Adv Busisiwe Mkhwebane faces a request for her to be struck off the advocates roll by the Legal Practice Council following Monday morning’s Constitutional Court judgment.

Concourt's increasing jurisprudential incoherence concerning

2019-07-07 11:06

If context matters at all in law, then the context of a corrupted NPA and the need for its reconstruction should alone have justified the assumption of jurisdiction for the Constitutional Court, writes Serjeant at the Bar.

Panayiotou approaches Constitutional Court to challenge sentence

2019-06-10 19:29

Convicted murderer Christopher Panayiotou has turned to the Constitutional Court in a bid to overturn his murder conviction after all his appeals failed.

On the incoherence of jurisprudence for self-review of state tender awards

2019-04-26 09:20

Where an organ of state engages in self-review of its tender processes after a lengthy delay, it carries a conflict between the need to enforce the principle of public power being exercised legally and the need for certainty, writes Serjeant at the Bar.

Moyane in ConCourt appeal: What have I done wrong?

2018-12-21 07:00

Just days after damning findings against him by the Nugent Commission of Inquiry, axed South African Revenue Service commissioner Tom Moyane has questioned what he has done wrong in an appeal against his dismissal, to the Constitutional Court.

ConCourt to hear Public Protector appeal on Bankorp costs ruling

2018-11-27 08:06

The court will hear an application from the Public Protector against a ruling which requires her to pay a portion of the SA Reserve Bank's legal costs in the Bankorp matter in her personal capacity.


Twitter users react to ConCourt ruling against spanking children

2019-09-19 13:55

Parents who spank their kids could face jail time.

Thandi Modise to Edwin Cameron: 'Never was so much owed by so many to so few'

2019-08-20 15:22

Justice Cameron is one of those "few" who have contributed so much to this, "our so young" constitutional democracy, says Thandi Modise.

Public Protector 'touched' by fundraising initiative to help pay costs

2019-08-06 17:03

Democracy in Action, a civil society organisation, is raising funds on a crowdfunding website to cover the bill that Public Protector Busisiwe Mkhwebane will have to pay following a damning Constitutional Court judgment last month.

In quotes: 10 times the ConCourt slammed Mkhwebane

2019-07-22 22:15

The Constitutional Court, in a majority judgment on Monday, upheld the North Gauteng’s High Court order in February 2018 for Public Protector Busiswe Mkhwebane to be personally liable for 15% of the legal fees in the Absa/Bankorp case.

ANALYSIS: Gordhan girds for war as he links Mkhwebane and the EFF to capture

2019-07-11 09:18

There is no coming back from Gordhan's accusations of Mkhwebane. He believes – and tells the court as much – that she is hell-bent on removing him from office and that the only beneficiaries of this will be those accused of corruption.

South Africa no longer has a public protector

2019-06-13 09:00

For as long as Busisiwe Mkhwebane pretends to be the Public Protector, the office is seriously undermined and we are denied the opportunity of a competent incumbent who is prepared to pledge practical fidelity to the Constitution, writes Mpumelelo Mkhabela.

ConCourt dismisses appeal by over 1 800 retrenched Edcon employees

2019-05-02 17:52

The Constitutional Court has dismissed an appeal by 1 818 retrenched employees of retailer Edcon.

Ramaphosa's Special Tribunal to recover state capture money might not pass constitutional muster

2019-03-01 08:27

If the creation of the president's special tribunal to recover monies lost to corruption passes constitutional muster, a host of questions still remain: Will ordinary high court procedure be followed, asks Serjeant at the Bar.

Moyane’s legal bills pile up as he forges ahead with 'unnecessary' court battles

2018-12-13 06:32

Axed SARS Commissioner Tom Moyane faces a growing legal bill as he heads to the Constitutional Court again. Here's how much his legal battles could be costing.

Moyane to fight on, despite ConCourt dismissal

2018-11-26 18:43

Axed South African Revenue Services (SARS) commissioner Tom Moyane will press ahead with an urgent court application next week to be reinstated and interdict a successor from being appointed, despite the Constitutional Court dismissing his case.

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