Legal Articles and Guides
A legal battle between Telkom and the City of Cape Town over a tower – which the partly state-owned telecommunications giant maintains it needs for improved coverage – is headed to the Constitutional Court.
The Gauteng High Court (Pretoria) has dismissed former Public Protector COO Basani Baloyi’s urgent challenge to her sacking, which she argued was driven by ulterior and politically motivated purposes, notes a BusinessLIVE report.
The Constitutional Court held yesterday that the doctrine of common purpose applied to the common law crime of rape. It made the finding in dismissing an appeal by two men who were convicted of rape 20 years ago under the doctrine of common purpose.
Recently-retired head of the AFU Willie Hofmeyr’s call in favour of ‘clipping the presidential wings’ from the present position where senior appointments in the NPA are the ‘unqualified’ business of the President – is taken up by Accountability Now’s Paul Hoffman SC.
The anonymity of child victims or perpetrators of crime should remain beyond the age of 18, unless they consent to revealing their identity after they have reached adulthood. The Constitutional Court made this provisional order yesterday as it extended the protection of anonymity to child victims, witnesses and perpetrators of crime, says a TimesLIVE report.
The Public Investment Corporation (PIC) yesterday told MPs it is filing a court application to force Steinhoff to release the PwC forensic report the company has withheld on the grounds of confidentiality, reports BusinessLIVE.
‘Few legal provisions have given our courts more trouble to interpret and apply than section 10 of Pepuda. Different courts have given wildly different interpretations of this hate speech provision. No wonder then that the SCA complained last week in Qwelane v SAHRC and Others that section 10(1) of Pepuda was ‘‘barely intelligible’’.’
It is important for the Constitutional Court to give a proper interpretation of the law arising from the case of former diplomat Jon Qwelane's opinion on same-sex marriage, a legal expert is quoted as saying in a News24 report.
The vice-chancellor of Stellenbosch University, Professor Wim de Villiers, has been cleared of alleged attempts to interfere in a Constitutional Court case related to the university's 2016 language policy, says a News24 report.
Although Public Protector Busisiwe Mkhwebane’s appearance in the Constitutional Court this week may appear to be yet another installment in her battle, backed by the EFF, with President Cyril Ramaphosa and Pravin Gordhan, this particular hearing is ‘hugely important’.
Landowners are largely responsible for the violence that usually accompanies the unlawful occupation of their land, EFF leader Julius Malema claims in documents filed at the Constitutional Court.
President Cyril Ramaphosa’s lawyers have hit out at Public Protector Busisiwe Mkhwebane and the EFF for comparing him to former President Jacob Zuma – and insist that, unlike Zuma, Ramaphosa has never sought to ‘second guess’ the Public Protector.
Prosecutors in Jacob Zuma’s corruption case have criticised the former President’s bid to appeal against last week’s ruling dismissing his attempt to have charges against him dropped permanently, saying an appeal is doomed to fail.
Judgment was reserved in the Western Cape High Court yesterday in what a News24 report describes as a potential landmark case involving the voices of children being heard in court cases.
In 1998, 41 Eastern Cape families lodged a massive land claim – which includes tourist and citrus farming towns. However, a Daily Dispatch report says they are yet to receive any feedback on the status of their claim.