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Top court shuts door on Uitsig High School

By Juta and Company (Pty) Ltd Published on Wednesday, 07 August 2019
Tags: #Constitutional Law #Education Law #Litigation
The Constitutional Court has dismissed an appeal by Uitsig High School against Western Cape Education MEC Debbie Schäfer’s decision to close it, says an EWN report.

Photo ID parade ‘manifestly unjust’

By Juta and Company (Pty) Ltd Published on Monday, 05 August 2019
Tags: #Civil Rights #Constitutional Law #Criminal Law
Convicted wife killer Rob Packham has based his SCA application to appeal his conviction on the police’s ‘manifestly unjust’ national photo identification system, which he charges is ‘startling in its application’, says a report on The Citizen site.

Mdluli conviction a victory for 'rule of law'

By Juta and Company (Pty) Ltd Published on Thursday, 01 August 2019
Tags: #Constitutional Law #Criminal Law
The conviction of former crime boss Richard Mdluli after many years of legal delays was an important vindication of the rule of law, according to Freedom Under Law. TimesLIVE reports that the Freedom Under Law welcomed the conviction by the Gauteng High Court (Johannesburg) on Tuesday on counts of kidnapping, assault with intent to cause grievous bodily harm, and intimidation.

Gordhan remedial action on hold pending judgment

By Juta and Company (Pty) Ltd Published on Wednesday, 24 July 2019
Tags: #Constitutional Law #Litigation
The Public Protector has agreed to put her remedial action against Public Enterprises Minister Pravin Gordhan on hold until the Gauteng High Court (Pretoria) rules on the Minister’s bid to interdict the remedial action outlined in her report into the SARS so-called ‘rogue unit’ pending a judicial review, notes Legalbrief.

Bid to add rape to 'common cause' crimes

By Juta and Company (Pty) Ltd Published on Monday, 08 July 2019
Tags: #Constitutional Law #Criminal Law #Litigation
Two gang members trying to overturn their numerous rape convictions could be the catalyst for a change in legislation that could see rape added to the list of ‘common cause’ crimes. The men were members of a gang that raped several women during a night-long crime spree in Tembisa in 1998.

Malema fights on after adverse incitement ruling

By Juta and Company (Pty) Ltd Published on Friday, 05 July 2019
Tags: #Constitutional Law #Criminal Law
The Gauteng High Court (Pretoria) has dealt another legal setback to EFF leader Julius Malema, dismissing his application to have the Riotous Assemblies Act declared unconstitutional. The charges of inciting trespassing, against Malema, remain in place, notes a TimesLIVE report.

Interim maintenance order cannot be appealed

By Juta and Company (Pty) Ltd Published on Friday, 28 June 2019
Tags: #Civil Rights #Constitutional Law #Family Law #Litigation
The Constitutional Court has made an order prescribing the payment of interim maintenance, child care, and contact orders, says a Cape Times report. Ruling on an application by a father who challenged that the non-appealability of interim orders was unconstitutional, the apex court held – in a unanimous judgment – that the non-appealability was indeed constitutional, as it meant children’s rights were not infringed.

Decision time for Jiba and Mrwebi

By Juta and Company (Pty) Ltd Published on Wednesday, 26 June 2019
Tags: #Constitutional Law #General Legal Practice
The Constitutional Court will hand down judgment at 10am tomorrow in a General Council of the Bar (GCB) application aimed at having axed deputy prosecutions boss, Nomgcobo Jiba, and her colleague, Lawrence Mrwebi, struck from the roll of advocates, notes a News24 report.

Molefe takes battle for R30m pension to top court

Former Eskom boss Brian Molefe is taking his R30m pension benefit battle to the Constitutional Court, according to Rapport.

Right-to-die activist opts for house arrest

By Juta and Company (Pty) Ltd Published on Thursday, 20 June 2019
Tags: #Civil Rights #Constitutional Law #Criminal Law
Right-to-die activist Sean Davison made a plea and sentencing agreement yesterday which means he will not go on trial for three murders. The agreement, which entails three years of house arrest for the University of the Western Cape (UWC) academic, was approved by Western Cape Judge President John Hlophe, reports TimesLIVE.

New Act needed, not constitutional amendment

By Juta and Company (Pty) Ltd Published on Tuesday, 11 June 2019
Tags: #Civil Rights #Constitutional Law #Property Law
While section 25 of the Constitution explicitly rejects market-based approaches to compensation for land reform, its formula is imprecise, using the term ‘just and equitable’ compensation. Yet, says Advocate Tembeka Ngcukaitobi, section 25 is not self-executing.

Gang rapists challenge common purpose convictions

By Juta and Company (Pty) Ltd Published on Thursday, 06 June 2019
Tags: #Constitutional Law #Criminal Law
Two men serving life terms for gang rapes in 1998 have launched an application aimed at forcing the state to expunge laws that allow conviction of those present at rape scenes. The Star reports Jabulane Tshabalala and Annanius Ntuli were found guilty of multiple counts of common law rape after being part of a group of youngsters who went on a rampage in Tembisa.

Dagga boy should not have been jailed

By Juta and Company (Pty) Ltd Published on Monday, 03 June 2019
Tags: #Civil Rights #Constitutional Law
A 16-year-old Johannesburg schoolboy should never have been jailed after testing positive for cannabis during a school drug test, a court has found, according to the Sunday Times. Instead, the pupil from a school on Johannesburg’s West Rand spent more than two months in a juvenile corrections centre.

Best interest of child argued in private school case

By Juta and Company (Pty) Ltd Published on Monday, 20 May 2019
Tags: #Constitutional Law #Education Law #Litigation
The Constitutional Court has been asked to decide how much emphasis should be placed on the best interests of children when private schools are terminating a contract with the children’s parents which ultimately leads to the children being expelled, says a Daily Maverick report.

Tolerance needed over ‘offensive’ advert, ARB hears

By Juta and Company (Pty) Ltd Published on Tuesday, 14 May 2019
Tags: #Constitutional Law #Ethics #Litigation
Even if the Chicken Licken advert were offensive, regulators should allow it to air in a democratic, open and tolerant society. A Times Select report says this is the latest argument in the protracted legal battle to have the ‘colonialism’ advert unbanned.

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