Find a South African Lawyer in SA's leading Legal Directory | southafricanlawyer.co.za

Legal Articles and Guides

ConCourt to hear battle over Telkom tower

By Juta and Company (Pty) Ltd Published on Monday, 06 January 2020
Tags: #Constitutional Law #Litigation #Science & Technology Law
A legal battle between Telkom and the City of Cape Town over a tower – which the partly state-owned telecommunications giant maintains it needs for improved coverage – is headed to the Constitutional Court.

Former Public Protector COO's challenge thrown out

By Juta and Company (Pty) Ltd Published on Friday, 13 December 2019
Tags: #Constitutional Law #Employment and Labour Law #Litigation
The Gauteng High Court (Pretoria) has dismissed former Public Protector COO Basani Baloyi’s urgent challenge to her sacking, which she argued was driven by ulterior and politically motivated purposes, notes a BusinessLIVE report.

Common purpose applies to rape, top court rules

By Juta and Company (Pty) Ltd Published on Thursday, 12 December 2019
Tags: #Civil Rights #Constitutional Law #Criminal Law
The Constitutional Court held yesterday that the doctrine of common purpose applied to the common law crime of rape. It made the finding in dismissing an appeal by two men who were convicted of rape 20 years ago under the doctrine of common purpose.

Time to clip President's powers on NPA appointments?

By Juta and Company (Pty) Ltd Published on Monday, 09 December 2019
Tags: #Constitutional Law
Recently-retired head of the AFU Willie Hofmeyr’s call in favour of ‘clipping the presidential wings’ from the present position where senior appointments in the NPA are the ‘unqualified’ business of the President – is taken up by Accountability Now’s Paul Hoffman SC.

Criminal law anonymity for children extended

By Juta and Company (Pty) Ltd Published on Thursday, 05 December 2019
Tags: #Civil Rights #Constitutional Law
The anonymity of child victims or perpetrators of crime should remain beyond the age of 18, unless they consent to revealing their identity after they have reached adulthood. The Constitutional Court made this provisional order yesterday as it extended the protection of anonymity to child victims, witnesses and perpetrators of crime, says a TimesLIVE report.

PIC turns to court to force Steinhoff to release report

By Juta and Company (Pty) Ltd Published on Wednesday, 04 December 2019
Tags: #Company Law #Constitutional Law #Litigation
The Public Investment Corporation (PIC) yesterday told MPs it is filing a court application to force Steinhoff to release the PwC forensic report the company has withheld on the grounds of confidentiality, reports BusinessLIVE.

A chance to balance hate speech provisions

By Juta and Company (Pty) Ltd Published on Wednesday, 04 December 2019
Tags: #Civil Rights #Constitutional Law
‘Few legal provisions have given our courts more trouble to interpret and apply than section 10 of Pepuda. Different courts have given wildly different interpretations of this hate speech provision. No wonder then that the SCA complained last week in Qwelane v SAHRC and Others that section 10(1) of Pepuda was ‘‘barely intelligible’’.’

ConCourt clarity on hate speech law essential

By Juta and Company (Pty) Ltd Published on Tuesday, 03 December 2019
Tags: #Civil Rights #Constitutional Law #Litigation
It is important for the Constitutional Court to give a proper interpretation of the law arising from the case of former diplomat Jon Qwelane's opinion on same-sex marriage, a legal expert is quoted as saying in a News24 report. 

Vice-chancellor cleared of interfering in ConCourt case

By Juta and Company (Pty) Ltd Published on Tuesday, 03 December 2019
Tags: #Civil Rights #Constitutional Law #Ethics #Litigation
The vice-chancellor of Stellenbosch University, Professor Wim de Villiers, has been cleared of alleged attempts to interfere in a Constitutional Court case related to the university's 2016 language policy, says a News24 report.

Precedent-setting case on Public Protector's powers

By Juta and Company (Pty) Ltd Published on Monday, 25 November 2019
Tags: #Constitutional Law
Although Public Protector Busisiwe Mkhwebane’s appearance in the Constitutional Court this week may appear to be yet another installment in her battle, backed by the EFF, with President Cyril Ramaphosa and Pravin Gordhan, this particular hearing is ‘hugely important’.

Malema case to define limits of freedom of speech

By Juta and Company (Pty) Ltd Published on Wednesday, 13 November 2019
Tags: #Civil Rights #Constitutional Law #Litigation
Landowners are largely responsible for the violence that usually accompanies the unlawful occupation of their land, EFF leader Julius Malema claims in documents filed at the Constitutional Court.

Nkandla ruling not applicable this time – Ramaphosa

By Juta and Company (Pty) Ltd Published on Monday, 21 October 2019
Tags: #Business & Industry Law #Constitutional Law
President Cyril Ramaphosa’s lawyers have hit out at Public Protector Busisiwe Mkhwebane and the EFF for comparing him to former President Jacob Zuma – and insist that, unlike Zuma, Ramaphosa has never sought to ‘second guess’ the Public Protector.

Zuma appeal doomed, say prosecutors

By Juta and Company (Pty) Ltd Published on Wednesday, 16 October 2019
Tags: #Constitutional Law #Criminal Law
Prosecutors in Jacob Zuma’s corruption case have criticised the former President’s bid to appeal against last week’s ruling dismissing his attempt to have charges against him dropped permanently, saying an appeal is doomed to fail.

Judge asked to hear children's voices in custody case

By Juta and Company (Pty) Ltd Published on Tuesday, 15 October 2019
Tags: #Constitutional Law #Family Law #Health Care & Social #Litigation
Judgment was reserved in the Western Cape High Court yesterday in what a News24 report describes as a potential landmark case involving the voices of children being heard in court cases.

21-year wait and still no decision

By Juta and Company (Pty) Ltd Published on Tuesday, 15 October 2019
Tags: #Constitutional Law #Property Law
In 1998, 41 Eastern Cape families lodged a massive land claim – which includes tourist and citrus farming towns. However, a Daily Dispatch report says they are yet to receive any feedback on the status of their claim.

Showing 1 to 15 of 363 results


Mentioned in