Legal Articles and Guides
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. We'veÂ identified some articles that may be of interest to readers below.
President Cyril Ramaphosa wants the Constitutional Court to rule that he is not legally obliged to explain his Cabinet reshuffle decisions, if and when the rationality of those decisions is challenged in court. The outcome of this case – originally linked to the DA’s review of then President Jacob Zuma’s controversial decision to fire former Finance Minister Pravin Gordhan and his deputy Mcebisi Jonas – arguably has significant political implications for Ramaphosa, says a Business Day report.
The Makangwane School Governing Body (SGB) has been vindicated in the recent judgment delivered by Limpopo High Court (Polokwane) Judge Makgutla Semenya, says Section27’s Zukiswa Pikoli, in an analysis of the judgment on the law centre’s site.
A legal battle for ownership of rights to land leased to a major petrol station has ended up in the Constitutional Court. A Cape Times report notes Shell SA had in 1991 built a petrol station in Nelspruit (now Mbombela) in Mpumalanga, on land it leased from HL Hall & Sons and – according to court papers – Hall had undertaken that if ever it wished to sell the land it would first offer it to Shell.
The Constitutional Court has come to the aid of an Eastern Cape educator who was eventually dismissed more than five years after misconduct was noted by her employer. According to a Daily Dispatch report, the court set aside an earlier order by the Labour Court and found that the dismissal of Thandiwe Stokwe was procedurally unfair.
Nearly 130 residents of Winnie Mandela informal settlement in Tembisa have taken the Ekurhuleni municipality and the Gauteng Human Settlements Department to court in a bid to hold them in contempt of the High Court order for the building of their homes.
Here’s a recent Supreme Court of Appeal decision which is of importance and interest to all schools, parents and learners. It deals with a school’s attempt to cancel a parent contract (effectively expelling two young learners) after the parents created a “toxic and intolerable atmosphere” in the school with an eight-month spree of bad behaviour and expletive-rich abuse, mostly at school sporting events.
The legal fight about whether the media should withhold the identities of child offenders after they turn 18 is headed to the Constitutional Court. The Star reports University of Pretoria-based law clinic – the Centre for Child Law (CCL) – sought to secure a ruling that would bar the media from naming child accused, witnesses and victims even when they turn 18.
It is hoped that the compassionate approach to immigration – in the unanimous judgment by Constitutional Court Justice Edwin Cameron in Ruta v Minister of Home Affairs – will be adopted by the department, notes legal journalist Ohene Yaw Ampofo-Anti in an examination of the judgment on the GroundUp site.
Fighting to keep open the perilous Uitsig High School in gang-infested Elsies River, former Cosatu provincial secretary Tony Ehrenreich has backed an approach to the SCA to overturn a decision to close it, says a Cape Argus report. Education MEC Debbie Schäfer has been served with papers advising her of the school taking her decision to close the school last year to the SCA.
Expropriated Zimbabwe farmers have served notice of a R1.9bn claim against the South African Government for its ‘complicity’ in the fate of the former land owners. Rapport says this follows the Constitutional Court judgment in December that former President Jacob Zuma’s unlawful actions contributed to the disbandment of the SADC Tribunal which was the farmers’ last hope for compensation.
Foreign-trained medical doctors battling for internship placements are heading to court, claiming they are being sidelined, notes a Times Select report. The Health Department, however, denies there are students who have not been placed. The Legal Resources Centre’s (LRC) Durban regional office has represented more than 200 doctors so far, and it is heading to court again this year.
Former SARS boss Tom Moyane has filed papers to go back to the Constitutional Court after his attempt to get direct access to the court was dismissed in November. The application for leave to appeal is against a recent Gauteng High Court judgment dismissing his application to stop President Cyril Ramaphosa from appointing a permanent replacement and prevent retired Judge Robert Nugent from releasing a final report on the state of the tax agency.
An unrepresented Durban dad has secured a landmark ruling that offers protection to pupils at private schools who haven't paid their school fees, according to a News24 report. In terms of the order, private schools can no longer stop pupils from writing their exams if they haven't paid their school fees, without first following ‘fair procedure’ and taking into account the rights of children.
Former President Jacob Zuma will hear today whether he will have to foot the bill for his graft case. The Gauteng High Court (Pretoria) will hand down judgment in the application brought by the DA to have the agreement authorising state funding of Zuma's defence in criminal cases set aside, reports BusinessLIVE.
Pastor Timothy Omotoso's legal team was preparing to approach the Constitutional Court, after the SCA dismissed their application to have the judge overseeing the case recuse himself. The SCA found that Advocate Peter Daubermann's application to have Judge Mandela Makaula recuse himself had 'no reasonable prospect of success', notes News24.
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