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Pridwin rulings important, but not precedent setting

By Juta and Company (Pty) Ltd Published on Tuesday, 23 June 2020
Tags: #Civil Rights #Constitutional Law #Education Law #Litigation
Last week’s Constitutional Court judgment in the Pridwin Preparatory School case took some 13 months to deliver. ‘When judgment day did finally arrive, what was handed down were two voluminous, and important judgments,’ says the anonymous legal expert, ‘Professor Balthazar’.

ConCourt finds for children in parents' clash with school

By Juta and Company (Pty) Ltd Published on Thursday, 18 June 2020
Tags: #Civil Rights #Constitutional Law #Education Law #Litigation
The Constitutional Court has ruled that private (or independent) schools may no longer rely on contracts with parents as the basis for kicking children out of school without a fair hearing, notes a GroundUp report.

Independent schools' contract ruling today

By Juta and Company (Pty) Ltd Published on Wednesday, 17 June 2020
Tags: #Constitutional Law #Education Law #Litigation
The Constitutional Court will rule today on the obligations and duties of independent schools, says a report on the IoL site.

Where the lockdown judgment erred

By Juta and Company (Pty) Ltd Published on Thursday, 04 June 2020
Tags: #Constitutional Law #Litigation
The Gauteng High Court judgment declaring invalid almost all the lockdown regulations issued by Minister Nkosazana Dlamini-Zuma in terms of the Disaster Management Act, raises important questions about the duty of the government to act rationally and in a transparent manner, and to limit rights as little as possible.

Race-based relief illegal, court told

By Juta and Company (Pty) Ltd Published on Tuesday, 02 June 2020
Tags: #Civil Rights #Constitutional Law #Litigation
Judgment has been reserved on the DA’s attempt to have race considerations removed from government decision-making on the recipients of state relief under lockdown regulations.

Dlamini-Zuma lied on cigarette ban, alleges DA

By Juta and Company (Pty) Ltd Published on Tuesday, 02 June 2020
Tags: #Constitutional Law
The DA has laid a charge with Parliament's Joint Committee on Ethics and Members' Interests against Minister of Co-operative Governance and Traditional Affairs, Nkosazana Dlamini-Zuma, alleging she lied to the public to justify the ban on sales of tobacco products.

Mkhwebane, EFF's 'rogue unit' appeal dismissed

By Juta and Company (Pty) Ltd Published on Monday, 01 June 2020
Tags: #Civil Rights #Constitutional Law #Litigation
The Constitutional Court has dismissed appeals by Public Protector Busisiwe Mkhwebane and the EFF against a ruling that interdicted her order that President Cyril Ramaphosa take disciplinary action against Public Enterprises Minister Pravin Gordhan, over the SARS ‘rogue unit’, notes a Business Day report.

'Concerned citizens' launch lockdown challenge

By Juta and Company (Pty) Ltd Published on Friday, 22 May 2020
Tags: #Civil Rights #Constitutional Law #Litigation
A group of ‘concerned citizens’ has filed an urgent application – they describe it as an ‘act of patriotism’ – at the Western Cape High Court challenging the constitutionality of the National Coronavirus Command Council (NCCC) and the validity of the lockdown rules, according to TimesLIVE.

Mkhwebane urged to reveal costs order donors

By Juta and Company (Pty) Ltd Published on Thursday, 21 May 2020
Tags: #Constitutional Law #Ethics
Public Protector Busisiwe Mkhwebane has insisted that those who funded President Cyril Ramaphosa’s ANC election campaign would almost certainly expect favours in return from him – and argued that this is why Ramaphosa should be forced to disclose their identities.

End lockdown now or else, President warned

By Juta and Company (Pty) Ltd Published on Monday, 18 May 2020
Tags: #Constitutional Law #Litigation
The Constitutional Lawyers for Democracy (CLD) sent a letter of demand to President Cyril Ramaphosa on Friday calling for him to urgently lift the lockdown and to dissolve the National Coronavirus Command Council (NCCC), claiming the government had violated a slew of citizens’ constitutional rights, says a report in The Mercury.

Forced quarantine issue heads to court

By Juta and Company (Pty) Ltd Published on Monday, 18 May 2020
Tags: #Constitutional Law #Litigation
AfriForum has submitted an urgent application to the Gauteng High Count (Pretoria) to have Minister of Co-operative Government & Traditional Affairs Nkosazana Dlamini-Zuma’s regulations aimed at putting everyone who tests positive for Covid-19 under compulsory state quarantine declared invalid.

Advocates step back from spat over NCCC

By Juta and Company (Pty) Ltd Published on Monday, 18 May 2020
Tags: #Constitutional Law #General Legal Practice
Two high-profile advocates, who were considering taking the government to court over the constitutionality of the National Coronavirus Command Centre (NCCC), have decided to ‘take a step back’.

No special treatment for religious community

By Juta and Company (Pty) Ltd Published on Tuesday, 12 May 2020
Tags: #Civil Rights #Constitutional Law #Litigation
Last month a group of applicants approached the courts with the aim of having the lockdown regulations relaxed to permit religious worship to take place.

Advocates demand answers on NCCC powers

By Juta and Company (Pty) Ltd Published on Monday, 11 May 2020
Tags: #Constitutional Law
Perturbed by the both the tone and content of the Presidency’s response to their earlier letter requesting clarification on the legitimacy of the National Coronavirus Command Council (NCCC), Advocates Nazeer Cassim SC and Erin-Dianne Richards have written another letter to President Cyril Ramaphosa, giving his office until 1pm today to clarify how the NCCC’s decision-making powers were legally sourced.

Forfeiture orders and property acquired unlawfully

By Juta and Company (Pty) Ltd Published on Thursday, 07 May 2020
Tags: #Constitutional Law #Litigation
The Constitutional Court recently ruled in NDPP v Botha NO and Another that property which constitutes the proceeds of unlawful activities is not protected by the Constitution and that forfeiture orders against such property do not amount to the arbitrary deprivation of property.

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