Legal Articles and Guides
State's 'paternalistic' regulations struck down
In a judgment that one legal commentator has suggested might have stretched into the territory of ‘judicial over-reach’, the Gauteng High Court (Pretoria) has struck down as unconstitutional the lockdown regulations under the Disaster Management Act, describing government’s response to the Covid-19 pandemic as ‘paternalistic’.
Six-month reprieve for RAF attorneys
The battle between the RAF and its panel of attorneys has resulted in a six-month reprieve for the 103 attorneys involved following a judgment in the Gauteng High Court (Pretoria) delivered yesterday.
Race-based relief illegal, court told
Judgment has been reserved on the DA’s attempt to have race considerations removed from government decision-making on the recipients of state relief under lockdown regulations.
Lawyers ordered to repay fees in 'hopeless case'
The Land Claims Court has ordered lawyers acting in a case likened to a ‘voyage on the Titanic’ to repay the public funds they were paid to litigate and also disallowed any further claims for fees, Rapport reports.
Mkhwebane, EFF's 'rogue unit' appeal dismissed
The Constitutional Court has dismissed appeals by Public Protector Busisiwe Mkhwebane and the EFF against a ruling that interdicted her order that President Cyril Ramaphosa take disciplinary action against Public Enterprises Minister Pravin Gordhan, over the SARS ‘rogue unit’, notes a Business Day report.
'Victory for openness' against secretive Reserve Bank
The SA History Archives Trust has scored a major victory in its six-year legal battle with the SA Reserve Bank over access to records that may shed light on foreign exchange fraud, Eskom bonds and gold smuggling during the apartheid years, according to a report on the IoL site.
Wrong Minister argument sinks hairdressing case
Western Cape High Court Judge Lee Bozalek has dismissed Carlo Viljoen’s application to allow the hairdressing industry to reopen its doors, suggesting the advocate has misread the lockdown regulations.
At last, farmer becomes owner of his land
The Limpopo farmer who has been at loggerheads with the government for 18 years over the ownership of the Nooitgedacht farm has finally bought it.
Why cigarette ban is essential
Co-operative Governance & Traditional Affairs Minister Nkosazana Dlamini-Zuma says it is ‘expected that a sizeable number of South Africans will stop smoking and remain non-smokers after the lockdown’, as a result of the contentious tobacco ban.
Difficult questions for hairdressers' advocate
Criminal law Advocate Carlo Viljoen was in the Western Cape High Court yesterday to tackle the government’s ban on hairdressers and salons.
Lockdown affecting legal rights of prisoners
Lawyers for Human Rights (LHR) has accused a prison official in Kgosi Mampuru correctional facility of ‘actively obstructing’ one of its clients from accessing legal representation during the Covid-19 lockdown, according to GroundUp.
Marriage contract without court approval dismissed
The Constitutional Court has dismissed an application which sought an answer as to whether or not a post-nuptial agreement entered into by the parties during their marriage – without court supervision – is valid and enforceable, says a TimesLIVE report.
Lawyers consider joining DA battle
A group of Durban attorneys who have demanded an end to the lockdown, as well as threatening to launch a court application challenging the constitutionality of the National Coronavirus Command Council, are now considering joining the DA’s legal fight instead.
Another step in tobacco battle tomorrow
The fight for the sale and distribution of tobacco is set to continue in the courts this week after President Cyril Ramaphosa announced on Sunday night that tobacco would remain banned under level three of lockdown, which starts on Monday.
Minister confirms Khosa judgment appeal
As previously reported, the state is intent on appealing sections of the Collins Khosa judgment, which, among other things, criticised Police Minister Bheki Cele, along with Defence Minister Nosiviwe Mapisa-Nqakula, for making irresponsible comments during the Covid-19 lockdown.
