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.
The Constitutional Court has reserved judgment in a case involving the future of 12 poor Cape Town residents facing eviction from homes they have been living in for nearly two decades, says a Cape Times report. The residents had bought the houses through the Cape Town Community Housing Company (CTCHC) – a social housing development company wholly owned by the National Housing Finance Corporation, and formed to administer the delivery of houses in the city.
The Constitutional Court has opened the door to a prosecutions authority free of political blinkers by ordering out current NDPP Shaum Abrahams with immediate effect and refusing his predecessor the option of returning to the position from which he was unconstitutionally removed, notes Legalbrief.
Legalbrief notes that the level of former President Jacob Zuma’s desperation to get rid of Mxolisi Nxasana as NDPP – presumably so he could appoint a pliable replacement – can be deduced from the following quotes from the majority judgment
As the ANC prepares legislative changes to speed up land reform, the government has identified the first 139 farms to be expropriated. Party insiders who attended the two-day lekgotla of the party’s national executive committee (NEC) last week, the ANC’s highest decision-making body gave details of the legislative plans and the expropriation ‘guinea pig’ scheme, says a Sunday Times report.
Disconnections without prior notice having been issued to property owners are procedurally unfair, in violation of consumers’ constitutional rights and therefore illegal. That is according to legal experts consulted by The Witness after a sustained period of disconnections by the City of Pietermaritzburg which has angered residents who did not believe their accounts were in arrears.
South Africans of Khoisan heritage want a ceremonial handover of all land in the country to their community before the government moves forward with land expropriation without compensation, says a Times Select report. ‘Why is everyone else talking about the land and everyone is silent about the first nation people? When everybody came here, they found our forefathers here,’ said Anthony Williams from the Indigenous First Nation Advocacy SA.
Gauteng Education MEC Panyaza Lesufi has lost his battle to force Hoërskool Overvaal‚ an Afrikaans medium school‚ to take 55 English-speaking pupils. In a unanimous judgment‚ the Constitutional Court dismissed Lesufi’s appeal bid and backed the decision made by the Gauteng High Court (Pretoria), says a BusinessLIVE report.
The Constitutional Court will hand down judgment today on the status of labour brokers in the employment of contract employees. The section in contestation before the court was a result of amendments to section 198a of the Labour Relations Act (LRA), which sought to regulate temporary employment services amid complaints of exploitation by labour unions, notes a Business Day report.
The Constitutional Court has granted Public Protector Busisiwe Mkhwebane direct access to challenge the constitutionality of the personal costs order made against her – and she strongly argues that if the judgment is allowed to stand it could lead to what she claims would amount to her 'constructive dismissal'.
Trevor Manuel, former Finance Minister and one of four investment envoys appointed by President Cyril Ramaphosa to sell SA to investors, said yesterday that explaining SA’s ongoing land debate had been tougher than expected. ‘Communicating this (issue), I think, is a bigger challenge than what we thought,’ said Manuel, adding that land was a ‘complex’ and ‘unresolved matter’.
In what a Business Day report says could signal an end to the battle over the country’s National Traffic Information System (eNaTIS)‚ the Constitutional Court yesterday ruled in favour of the Department of Transport. The effect of the judgment, it says, is that‚ essentially‚ the department is not required to pay the R33m claimed by Tasima for services related to eNaTIS that the company claimed to have provided to the department after June 2015.
The Constitutional Court ruled yesterday that the Justice Minister’s transformation appointment policy for insolvency practitioners in estates was irrational, discriminatory and unlikely to achieve equality. A Business Day report says Justice and Constitutional Development Minister Michael Masutha, his department and the Chief Master of the High Court had appealed against a SCA ruling that the policy – implemented in 2014 – was irrational.
Handing the company a comprehensive victory in the Gauteng High Court (Johannesburg)‚ Judge Phillip Coppin ruled Airports Company SA’s (Acsa) attempt to exclude vehicle rental giant Imperial from its premises on empowerment grounds was unconstitutional. A TimesLIVE report says the judgment forces Acsa to scrap the request for bids it issued last September for 10-year car hire concessions at nine airports‚ comprising a total of 71 kiosks.
In a victory for Muslim women married in polygamous marriages‚ the Constitutional Court has confirmed that a section in the Wills Act is unconstitutional, notes a TimesLIVE report. The section failed to recognise the right of a surviving spouse in a polygamous Muslim marriage to the benefits of her deceased husband’s will. The Constitutional Court confirmed the order made by the Western Cape High Court last year‚ which declared section 2C(1) of the Wills Act invalid.
A sizeable contingent of concerned farmers attended the land expropriation public hearings in Mokopane, Limpopo, yesterday when they warned of job losses, food shortages and an economic crash should the Constitution be changed to allow for expropriation without compensation.
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