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.
In donating over 270ha valued at R26m to the Rustenburg municipality, Anglo American Platinum (Amplats) hopes to change the conversation around land reform in SA, says a Business Day report. But a detractor said the move is a drop in the ocean if mining is to truly redress its legacy of displacement and dispossession in SA.
The Constitutional Court has ordered the Commission on Restitution of Land Rights to prioritise land claims lodged in 1998 over those lodged between July 2014 and July 2016. A Cape Times report notes Parliament recently failed to enact a new Restitution of Land Rights Amendment Act, and the top court yesterday dismissed an application by the Speaker of the National Assembly and the chairperson of the NCOP for an extension of an interdict against the processing of claims lodged between 2014 and 2016, pursuant to drafting a new land claims Act.
A day before a commission of inquiry – chaired by retired Constitutional Court Justice Yvonne Mokgoro – is expected to hand its report to President Cyril Ramaphosa on their fitness for office in the NPA, the Constitutional Court yesterday had to weigh whether it has jurisdiction to be the final arbiter on suspended NPA heavyweights Nomgcobo Jiba and Lawrence Mrwebi’s fitness to remain on the roll of advocates.
A recent decision handed down by the Constitutional Court in the matter of Amardien and Others v Registrar of Deeds and Others  ZACC 47 confirms the steps to be taken by a seller before he may unilaterally cancel an instalment sale agreement.
The amended Traditional Courts Bill – ‘rammed through’ the National Assembly's Justice Committee by ANC MPs last week – will be struck down because of the Constitution, says Aninka Claassens, of the Land and Accountability Research Centre at UCT. ‘Among its glaring unconstitutional provisions it creates courts – which can hear criminal matters – where lawyers are not allowed.
The ANC is very clear in its position on land expropriation, which is no threat to foreign investments, President Cyril Ramaphosa said in answer to a question in Parliament yesterday. ‘There is no question about it. What I told investors at the World Economic Forum is absolutely correct,’ he said.
In what a Business Day report says is a precedent-setting case, the Competition Commission has gone to the Constitutional Court to prevent companies, including Standard Bank, from accessing information gathered on them during investigations.
The National Health Department has moved to distance itself from an 'unconstitutional' instruction that state hospitals should turn away foreigners unless they pay in full. The circular, which the department has blamed on a junior official, will be withdrawn today, allegedly as a result of questions posed by the Sunday Times and provincial health officials in the Western Cape.
The Gauteng High Court (Pretoria) has found that the manner in which the Road Traffic Infringement Agency served notices on traffic violations was sufficient. A Pretoria News report says this was after the difference between registered mail and secured mail to serve road traffic offences – better known as Aarto notices – was argued.
‘An extraordinary recent judgment of the Constitutional Court represents an embarrassing chapter in the court’s lustrous 25-year history, and tarnishes the reputation of our highest court’, says constitutional law expert Professor Pierre de Vos. In an analysis on his Constitutionally Speaking blog, he says the judgment in the case of Jacobs and Others v State is mortifying.
An employer is not required to give an employee an opportunity to make representations before a precautionary suspension, the Constitutional Court ruled yesterday when affirming a Labour Court ruling that, where a suspension is precautionary and with full pay, there is no obligation that workers be given a chance to try to exonerate themselves of any improprieties.
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.
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