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.
Discovery Life has disclosed detailed personal information about roughly 1 000 clients in court documents it lodged as part of a Gauteng High Court (Johannesburg) application against one of its former brokers, says a Moneyweb report. Devan de Meyer resigned from the firm to join independent broking house MedBond.
Asylum seekers in SA yesterday secured a major legal victory after the Constitutional Court ruled that they were eligible to apply for visas or a temporary residence permit, even if their application for asylum was rejected. The Star reports the court was handing down a judgment on an appeal against the decision of the SCA relating to applicants who had been refused visas or permits under the Immigration Act.
Varsity College has approached the courts to have wording in the Attorneys Act and the Legal Practice Act declared unconstitutional, says a report in The Mercury. This follows an impasse with the KZN Law Society over the body’s refusal to have the institution’s LLB graduates admitted for articles. The institution has filed a Rule 16A notice with the High Court asking that it declare the use of the word ‘university’ in both Acts unconstitutional.
The SCA ruled last week that it is up to the Social Development Department – which oversees the operations of Sassa – to consider drafting legislation that will protect social grant beneficiaries from predatory marketing practices and unlawful deductions, notes a Moneyweb report.
The Constitutional Court has again refused leave to appeal by a man who was sentenced to three life imprisonment terms after being convicted on three counts of rape 18 years ago, notes TimesLIVE. Oscar Vusi Thwala said his conviction was substantially unfair based on the fact that the trial court determined his case without considering DNA evidence that was being processed during his trial.
In a judgment that shows public officials will be held to account for delinquent and reckless actions, the Constitutional Court has found former Social Development Minister Bathabile Dlamini personally liable for 20% of the legal costs incurred over the social grants fiasco, notes Legalbrief.
As part of the ongoing struggle in the District Six restitution saga, 26 November is the date set for the matter to be heard in the Western Cape High Court. This after the matter was moved from the Land Claims Court in Randburg. A Cape Argus report says the announcement was made during a mass meeting of claimants at the weekend.
In a landmark judgment, the Constitutional Court has decriminalised the use or possession of cannabis by an adult in private for personal consumption, as well as the cultivation of it by an adult for personal use. However, the use or possession of cannabis by a child in any place or by an adult in public was not decriminalised, notes BusinessLIVE.
The challenges that arise from the willing buyer, willing seller land redistribution practice have been thrown into the spotlight in a Constitutional Court case involving Newcastle subsistence farmers who are challenging the removal of their livestock from a farm in the area, says a report in The Mercury.
The battle to legalise the private use of marijuana is nearing an end as the Constitutional Court is expected to hand down judgment tomorrow. A Cape Times report notes the successful application to decriminalise marijuana had been driven by Dagga Party leader Jeremy Acton and Rastafarian Garreth Prince.
A legal battle may be looming over ANC plans to change the Constitution to make it easier to expropriate land without paying for it. Land expropriation without compensation could violate the founding provision in section 1 of the Constitution, which guarantees human dignity, rights and freedoms, outlaws racism and ensures the supremacy of the rule of law, according to Robert Vivian, a professor of finance and insurance at the University of the Witwatersrand’s School of Economic and Business Sciences.
The Constitutional Court has found that former Social Development Minister Bathabile Dlamini was not grossly negligent when she applied for an extension to an invalid cash grant payments contract, says a Business Day report. The court handed down judgment yesterday in relation to the cost order for the application brought by the SA Social Security Agency (Sassa) and Dlamini, which resulted in the grants payment contract with CPS being extended again.
Judgment in the Section 38 Inquiry ordered by the Constitutional Court and chaired by retired Judge Bernard Ngoepe into former Minister of Social Development Bathabile Dlamini’s role in the 2017 Sassagate crisis and whether she should personally carry the considerable legal costs will be handed down today, notes a Daily Maverick report.
A Constitutional Court ruling that has reinforced the organisational rights of minority trade unions in the workplace will lead to chaos and heightened inter-union rivalry, legal experts argue in a Business Day report. They said that though the judgment confirmed existing trends, it was problematic.
The recent decision of the Constitutional Court in Corruption Watch NPC and Others v President of the Republic of South Africa and Others; Nxasana v Corruption Watch NPC and Others, should serve as an important warning to office bearers and staff in Chapter 9 bodies – the Human Rights Commission (HRC), the Public Protector, the Auditor-General, and others as per section 181 of the Constitution – of the need and importance of carrying out their functions and exercising their powers without fear, favour or prejudice.
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