Legal Articles and Guides
Shack dwellers fail in damages bid
The Constitutional Court has ruled (five judges to four) against awarding constitutional damages to about 130 residents of an informal settlement.
Rohde to stay in jail pending ConCourt ruling
Convicted murderer Jason Rohde has decided to wait for the outcome of his Constitutional Court appeal in jail, instead of going to court again to get bail.
Director wins first round in action against SAPS
A director in the Department of Labour who discovered police records incorrectly reflected that there was a criminal case pending against him, has succeeded in the first step of his bid to sue the SAPS for reputational damages.
Tax ruling a ‘Zuma law’, says foundation
Former President Jacob Zuma has absolutely nothing to hide, but he is ‘very concerned about everyone else’, following a ruling that his tax records be made available to the media.
ConCourt allows late RAF claim
The Constitutional Court has allowed a man, left mentally incapacitated after a 2010 accident, to claim for compensation from the Road Accident Fund (RAF) even though the application was lodged well past the deadline.
Zuma tax ruling criticism not all justified
Criticism by the anonymous ‘Prof Balthazar’ of Gauteng High Court (Pretoria) Judge Norman Davis’ recent judgment ordering the release of Jacob Zuma’s tax records is taken up by constitutional law expert Professor Pierre de Vos.
A very dangerous tax judgment
‘Fresh from having had one of the most unreasoned judgments in recent history firmly overturned by the SCA, in which he held the declaration of the National State of Disaster in terms of the Disaster Management Act to be unconstitutional, Judge Norman Davis has now applied the same logic to the disclosure of Jacob Zuma’s tax returns.’
FBI twist in Gqeberha child porn case
The FBI’s involvement in investigating an alleged child pornographer could cause the Lorraine man’s trial to hit another snag, with the defence accusing the state of having gone against international criminal law to obtain the evidence.
SARS ordered to release Zuma’s tax records
The Gauteng High Court (Pretoria) yesterday ordered SARS to provide former President Jacob Zuma’s tax records to investigative journalism outfit amaBhungane and the Financial Mail within 10 days, as they are a matter of public interest.
Mogoeng fires shots at President over Covid-19 response
Recently retired Chief Justice Mogoeng Mogoeng yesterday criticised President Cyril Ramaphosa's administration's handling of the Covid-19 pandemic and accused the government of interfering with citizens' fundamental rights in its fight against the deadly virus.
Mandatory jabs will survive constitutional test
The controversial issue of mandatory workplace vaccinations will survive constitutional scrutiny, according an expert in labour and constitutional law.
ConCourt rules in favour of farmworker
A farmworker has triumphed at the Constitutional Court over his former employer who evicted him without notice after 21 years of service.
Cape Town asked to review homelessness by-laws
The City of Cape Town must review and amend all by-laws that criminalise homelessness without just cause. This was one of more than 150 recommendations in a report into homelessness commissioned by the city, reveals GroundUp.
Western Cape evictions issue back in court
The Western Cape Government will make submissions today in the case brought by the Human Rights Commission (HRC) and the EFF to strike down the existing legal right of landowners to protect property from unlawful occupation attempts without a court order.
Marriage seen as 'morally superior' to other unions
With its ‘marriage-centric’ focus, the Constitutional Court privileges religious unions in its approach to the term spousal relationship, thereby failing to force the legislature to protect all legally unrecognised unions that play the same social role as marriage. So argues Ladysmith Magistrate Desmond Francke.
