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Constitutional Law

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've identified some articles that may be of interest to readers below.

Racist guest house owner heading to ConCourt

By Juta and Company (Pty) Ltd Published on Wednesday, 05 December 2018
Tags: #Civil Rights #Constitutional Law #Criminal Law #Litigation
The owner of the guest lodge who was found guilty of racism and hate speech remains defiant and has vowed to take his fight all the way to the Constitutional Court following a scathing judgment that described him as a racist. The Mercury reports André Slade – the former owner of the Sodwana Bay Guest house – said he was the victim of hate speech and racism after he was labelled a racist by the MEC for Economic Development and Tourism, Sihle Zikalala.

Constitutional change to be debated after court win

By Juta and Company (Pty) Ltd Published on Monday, 03 December 2018
Tags: #Constitutional Law #Litigation #Property Law
The Western Cape High Court has dismissed AfriForum's urgent application to have MPs interdicted from moving to adopt Parliament's Constitutional Review Committee report on the amendment on the Constitution to make way for land expropriation without compensation in what ANC MP Vincent Smith described as ‘a victory for South Africans’.

ConCourt rules in favour of Mitchells Plain residents

By Juta and Company (Pty) Ltd Published on Monday, 03 December 2018
Tags: #Civil Rights #Constitutional Law #Litigation #Property Law
Mitchells Plain residents who have been fighting a social housing company in order to keep the roofs over their heads have come out victorious in the Constitutional Court, says a Cape Times report. The court unanimously found that the Cape Town Community Housing Company's (CTCHC) cancelling of instalment sale agreements of 12 Wood Ridge residents to be unlawful.

Spanking issue gets airing in top court

While child abuse should not be tolerated, the ‘reasonable and moderate chastisement’ of children as a form of physical discipline by their parents should be allowed, the Constitutional Court heard yesterday, according to a News24 report. This was the case put forward by Freedom of Religion SA (FOR SA), which has taken a judgment striking down this form of chastisement as a defence in criminal cases, on appeal.

ConCourt to hear spanking case today

By Juta and Company (Pty) Ltd Published on Thursday, 29 November 2018
Tags: #Constitutional Law #Family Law #Personal Injury Law
The Constitutional Court will today consider the constitutionality of corporal punishment in the home, notes TimesLIVE. The top court prohibited corporal punishment in detention settings in 1995 and in schools in 2000, and will now turn its attention to possible prohibition in the home.

Court hears arguments on transgender inmate

By Juta and Company (Pty) Ltd Published on Wednesday, 28 November 2018
Tags: #Civil Rights #Constitutional Law #Family Law
Should the Equality Court rule in favour of a transgender prisoner to express her gender identity as a female in a male facility, then the Standing Order in prison should be sent back to the Minister for review.

Full Bench to hear constitutional amendment challenge

By Juta and Company (Pty) Ltd Published on Tuesday, 27 November 2018
Tags: #Constitutional Law #Litigation #Property Law
A full Bench of judges will hear AfriForum's case in which the lobby group is seeking to bar Parliament from debating a report calling for the amendment of the Constitution to allow for expropriation of land without compensation. The matter will be heard in the Western Cape High Court (Cape Town) on Thursday.

Minister ordered to work on District Six restitution

By Juta and Company (Pty) Ltd Published on Tuesday, 27 November 2018
Tags: #Constitutional Law #Litigation #Property Law
Judge Jody Kollapen, of the Western Cape High Court, yesterday ordered the Minister of Rural Development & Land Reform to start work immediately on a restitution plan for people evicted from District Six during apartheid. A News24 report notes the court heard that the claimants had lodged their application by the end of the first land restitution deadline of 31 December 1998.

Ground-breaking judgment on RAF award for partner

Couples no longer have to be legally married to claim for loss of support and maintenance in the case of death. This is according to a ruling by Gauteng High Court Judge Colleen Collis, who delivered a ground-breaking judgment for unmarried couples last week.

Significant win for right to protest

By Juta and Company (Pty) Ltd Published on Tuesday, 20 November 2018
Tags: #Constitutional Law #Criminal Law
Protesters will no longer have to give prior notification to the responsible officer of a municipality for a peaceful protest of more than 15 people, the Constitutional Court ruled yesterday. The court upheld a Western Cape High Court judgment against the criminalisation of protests under the 1993 Regulation of Gatherings Act, reports The Citizen.

ConCourt’s Gatherings Act ruling today

By Juta and Company (Pty) Ltd Published on Monday, 19 November 2018
Tags: #Civil Rights #Constitutional Law #Criminal Law
The Constitutional Court is expected to deliver its ruling on the Gatherings Act today. Cape Argus reports two months ago, the court heard the matter after Western Cape High Court Judge Thandazwa Ndita ruled in January that section 12(1)(a) of the Regulation of Gatherings Act was unconstitutional.

No constitutional amendment before elections

By Juta and Company (Pty) Ltd Published on Friday, 16 November 2018
Tags: #Constitutional Law #Property Law
The EFF has been claiming credit for the rush to change the Constitution to facilitate expropriation of land without compensation, but the ANC has poured cold water on its hopes that a constitutional amendment Bill will be passed before next year’s elections, notes Legalbrief.

Ruling a boost for individual over tribal rights

By Juta and Company (Pty) Ltd Published on Thursday, 15 November 2018
Tags: #Civil Rights #Constitutional Law #Property Law
The Constitutional Court – in Maledu and Others v Itereleng Bakgatla Mineral Resources (Pty) Ltd and Another – has unanimously confirmed that mining companies, traditional leaders and the Departments of Rural Development, and Mineral Resources have been flouting the law and the Constitution. ‘The court put people and their rights back at the centre of the administration of their land, something they have been denied by practice and law for centuries,’ says Zenande Booi, of the Land and Accountability Research Centre in the UCT’s Department of Public Law.

Exemptions to solemnising same-sex marriages debated

By Juta and Company (Pty) Ltd Published on Wednesday, 14 November 2018
Tags: #Civil Rights #Constitutional Law #Marriage and Divorce Law
The Department of Home Affairs wants marriage officers who are appointed after the Civil Union Act is amended to be aware they will have to solemnise same-sex marriages. The Mercury reports this emerged yesterday when state lawyers made a presentation to the National Assembly Home Affairs Committee on the Civil Union Amendment Bill.

Court to hear Mkhwebane 'abuse of office' claim

By Juta and Company (Pty) Ltd Published on Monday, 12 November 2018
Tags: #Constitutional Law #Litigation
The Constitutional Court has given the Reserve Bank the right to argue that Public Protector Busisiwe Mkhwebane ‘abused her office’ with her disastrous investigation of the bank, in a case Business Day suggests will almost certainly affect Mkhwebane’s battle to remain in her position.

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