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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.

Molefe takes battle for R30m pension to top court

By Juta and Company (Pty) Ltd Published on Monday, 24 June 2019
Tags: #Constitutional Law #Employment Law #Litigation
Former Eskom boss Brian Molefe is taking his R30m pension benefit battle to the Constitutional Court, according to Rapport.

Right-to-die activist opts for house arrest

By Juta and Company (Pty) Ltd Published on Thursday, 20 June 2019
Tags: #Civil Rights #Constitutional Law #Criminal Law
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.

New Act needed, not constitutional amendment

By Juta and Company (Pty) Ltd Published on Tuesday, 11 June 2019
Tags: #Civil Rights #Constitutional Law #Property Law
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.

Gang rapists challenge common purpose convictions

By Juta and Company (Pty) Ltd Published on Thursday, 06 June 2019
Tags: #Constitutional Law #Criminal Law
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.

Dagga boy should not have been jailed

By Juta and Company (Pty) Ltd Published on Monday, 03 June 2019
Tags: #Civil Rights #Constitutional Law
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.

Best interest of child argued in private school case

By Juta and Company (Pty) Ltd Published on Monday, 20 May 2019
Tags: #Constitutional Law #Education Law #Litigation
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.

Tolerance needed over ‘offensive’ advert, ARB hears

By Juta and Company (Pty) Ltd Published on Tuesday, 14 May 2019
Tags: #Constitutional Law #Ethics #Litigation
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.

ConCourt mulls identification of children issue

By Juta and Company (Pty) Ltd Published on Thursday, 09 May 2019
Tags: #Civil Rights #Constitutional Law #Litigation
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.

Crucial elections case put on hold

By Juta and Company (Pty) Ltd Published on Friday, 03 May 2019
Tags: #Civil Rights #Constitutional Law #Litigation
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.

Retrenched Edcon employees fall short in top court

By Juta and Company (Pty) Ltd Published on Friday, 03 May 2019
Tags: #Civil Rights #Constitutional Law #Labour Law #Litigation
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.

Old flag ban hearing gets under way today

By Juta and Company (Pty) Ltd Published on Monday, 29 April 2019
Tags: #Civil Rights #Constitutional Law #Litigation
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.

Mining donation ‘a drop in the ocean’

By Juta and Company (Pty) Ltd Published on Monday, 25 March 2019
Tags: #Constitutional Law #Property Law
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.

Claims lodged in 1998 must be prioritised

By Juta and Company (Pty) Ltd Published on Wednesday, 20 March 2019
Tags: #Constitutional Law #Property Law
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.

ConCourt jurisdiction at issue in Jiba matter

By Juta and Company (Pty) Ltd Published on Friday, 15 March 2019
Tags: #Constitutional Law #General Legal Practice #Litigation
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.

Instalment sale agreements: when can a seller cancel?

By Ashersons Attorneys | Frances Everett | Published on Wednesday, 13 March 2019
Tags: #Constitutional Law #Litigation #Property Law
A recent decision handed down by the Constitutional Court in the matter of Amardien and Others v Registrar of Deeds and Others [2018] ZACC 47 confirms the steps to be taken by a seller before he may unilaterally cancel an instalment sale agreement.

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