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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.

Evictions arguments heard in top court

By Juta and Company (Pty) Ltd Published on Wednesday, 15 August 2018
Tags: #Civil Rights #Constitutional Law #Litigation #Property Law
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.

Court opens door to cleansing of the NPA

By Juta and Company (Pty) Ltd Published on Tuesday, 14 August 2018
Tags: #Constitutional Law #Criminal Law #Litigation
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.

Judgment reveals level of Zuma's desperation

By Juta and Company (Pty) Ltd Published on Tuesday, 14 August 2018
Tags: #Constitutional Law #Criminal Law #General Legal Practice
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

Farms identified for expropriation test

By Juta and Company (Pty) Ltd Published on Monday, 06 August 2018
Tags: #Constitutional Law #Property Law
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.

Power cuts without warning illegal

By Juta and Company (Pty) Ltd Published on Monday, 06 August 2018
Tags: #Constitutional Law #Litigation
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.

Khoisan want all SA handed back

By Juta and Company (Pty) Ltd Published on Friday, 03 August 2018
Tags: #Civil Rights #Constitutional Law #Property Law
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.

Lesufi loses battle with Afrikaans school

By Juta and Company (Pty) Ltd Published on Friday, 27 July 2018
Tags: #Constitutional Law #Education Law #Litigation
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.

Judgment on status of labour brokers due today

By Juta and Company (Pty) Ltd Published on Thursday, 26 July 2018
Tags: #Constitutional Law #Labour Law #Litigation
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.

Mkhwebane gets go-ahead for costs order appeal

By Juta and Company (Pty) Ltd Published on Wednesday, 25 July 2018
Tags: #Constitutional Law #Litigation
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'.

It's difficult to sell to investors – Manuel

By Juta and Company (Pty) Ltd Published on Thursday, 19 July 2018
Tags: #Civil Rights #Constitutional Law #Property Law
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’.

ConCourt dismisses R33m claim on eNaTIS

By Juta and Company (Pty) Ltd Published on Wednesday, 18 July 2018
Tags: #Constitutional Law #Litigation #Motor Vehicles
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.

Insolvency practitioners’ policy 'irrational'

By Juta and Company (Pty) Ltd Published on Friday, 06 July 2018
Tags: #Constitutional Law #Insolvency Law #Litigation
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.

Judge rules for Imperial in airport car hire dispute

By Juta and Company (Pty) Ltd Published on Thursday, 05 July 2018
Tags: #Constitutional Law #Litigation
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.

ConCourt rules in favour of surviving Muslim spouses

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.

Farmers warn of economic collapse

By Juta and Company (Pty) Ltd Published on Friday, 29 June 2018
Tags: #Civil Rights #Constitutional Law #Property Law
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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