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.
Former Eskom boss Brian Molefe is taking his R30m pension benefit battle to the Constitutional Court, according to Rapport.
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.
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.
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.
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.
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.
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.
While the Centre for Child Law argues that when child offenders, witnesses or victims are named by the media before and after the age of 18 it harms them, media houses say there should not be an open ban on the identification of any children involved in criminal cases.
Individuals not affiliated to any political party who want to contest general elections will possibly only get a chance in 2024, if the Constitutional Court finds that sections of the Electoral Act barring them from doing so is unconstitutional, notes a Business Day report.
The Constitutional Court has dismissed an appeal by 1 818 retrenched employees of retailer Edcon – despite granting the applicants leave to appeal a prior Labour Appeal Court ruling, which refused them condonation for the late launching of an application in terms of the Labour Relations Act (LRA), challenging the procedural fairness of their retrenchment and seeking compensation.
The legal conundrum surrounding the banning of displays of the old South African flag has escalated, drawing a range of figures and organisations into the fray. The matter is to be heard in Johannesburg Equality Court today when the Nelson Mandela Foundation (NMF) takes on AfriForum.
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.
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