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Zuma appeal doomed, say prosecutors

By Juta and Company (Pty) Ltd Published on Wednesday, 16 October 2019
Tags: #Constitutional Law #Criminal Law
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.

Judge asked to hear children's voices in custody case

By Juta and Company (Pty) Ltd Published on Tuesday, 15 October 2019
Tags: #Constitutional Law #Family Law #Health Care & Social #Litigation
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.

21-year wait and still no decision

By Juta and Company (Pty) Ltd Published on Tuesday, 15 October 2019
Tags: #Constitutional Law #Property Law
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.

Attaching school assets ‘devastating’ – ConCourt

By Juta and Company (Pty) Ltd Published on Thursday, 10 October 2019
Tags: #Constitutional Law #Education Law #Litigation
A significant number of public schools which have been disadvantaged by the country’s colonial and apartheid past continue to operate under conditions of extreme deprivation.

ConCourt decision forces Mkhwebane into a corner

By Juta and Company (Pty) Ltd Published on Friday, 27 September 2019
Tags: #Constitutional Law #Litigation
Public Protector Busisiwe Mkhwebane’s attempts to back out of a potentially bruising Constitutional Court showdown over the legal limitations of her powers have failed.

Bid to hide reasons for sacking Gordhan fails

By Juta and Company (Pty) Ltd Published on Thursday, 19 September 2019
Tags: #Constitutional Law #Litigation
The Constitutional Court has dismissed President Cyril Ramaphosa's application for leave to appeal a High Court judgment that the President is obliged to disclose the reasons, and a record of decision, when firing a Minister or Deputy Minister.

Court upholds children's rights in spanking case

By Juta and Company (Pty) Ltd Published on Thursday, 19 September 2019
Tags: #Constitutional Law #Criminal Law #Family Law
The common-law defence of reasonable chastisement can no longer be used when spanking a child, the Constitutional Court ruled yesterday. TimesLIVE says the court's upholding of a ruling by the High Court to do away with the defence comes at a time when violence against women and children has been a burning issue.

Batohi to fight Mkhwebane's instruction to NPA

By Juta and Company (Pty) Ltd Published on Monday, 16 September 2019
Tags: #Constitutional Law #Litigation
Public Protector Busisiwe Mkhwebane's instruction to the NPA to investigate money laundering in President Cyril Ramaphosa's ANC presidential campaign ‘infringes the constitutional and statutory mandate of the NPA’, NDPP Shamila Batohi will argue in a supporting affidavit to Ramaphosa's review application of Mkhwebane's Bosasa funding report, notes Legalbrief.

Another land reform setback for government

By Juta and Company (Pty) Ltd Published on Thursday, 05 September 2019
Tags: #Civil Rights #Constitutional Law #Litigation #Property Law
The Gauteng High Court (Pretoria) has delivered yet another scathing ruling on the government’s failure to properly implement land reform, finding that its 17-year-old failure to sell a farm to an elderly black Limpopo farmer is irrational and unconstitutional.

Ramaphosa urges ConCourt to hear Mkhwebane appeal

By Juta and Company (Pty) Ltd Published on Wednesday, 04 September 2019
Tags: #Constitutional Law #Litigation
Despite the Public Protector withdrawing her appeal against the interim interdict of her SARS ‘rogue unit’ report, President Cyril Ramaphosa wants the Constitutional Court to hear the appeal – to put an end to a damaging public debate.

AfriForum back in court over old flag display

By Juta and Company (Pty) Ltd Published on Tuesday, 03 September 2019
Tags: #Constitutional Law #Criminal Law
The Nelson Mandela Foundation (NMF), AfriForum and its deputy CEO Ernst Roets will face each other in court again today in a contempt of court application following Roets' tweeting an image of the flag hours after an Equality Court judgment on the matter.

Apartheid flag case adds to hate speech jurisprudence

By Juta and Company (Pty) Ltd Published on Tuesday, 03 September 2019
Tags: #Civil Rights #Constitutional Law
Gauteng Deputy Judge President Phineas Mojapelo’s affirmation – in Nelson Mandela Foundation Trust and Another v AfriForum NPC and Others – that the display of the apartheid flag constitutes hate speech was a powerful ruling and one in a series of hate speech cases that our courts have recently grappled with.

Rules to remove Public Protector a good move

By Juta and Company (Pty) Ltd Published on Monday, 02 September 2019
Tags: #Constitutional Law
Public Protector Busisiwe Mkhwebane has relied on the Constitutional Court judgment in EFF and Others v Speaker of the National Assembly and Another to force the National Assembly to adopt specific rules to deal with her possible removal.

Rape and the doctrine of common purpose

By Juta and Company (Pty) Ltd Published on Friday, 30 August 2019
Tags: #Constitutional Law #Criminal Law #Personal Injury Law
In September 1998, a group of seven men rampaged through a shack settlement in Tembisa, raping eight women. They were convicted of a number of counts of robbery, assault and rape under the doctrine of common purpose.

Moyo wants insurer declared in breach of Constitution

By Juta and Company (Pty) Ltd Published on Wednesday, 28 August 2019
Tags: #Constitutional Law #Employment and Labour Law #Litigation
Axed Old Mutual CEO Peter Moyo has filed yet another urgent application in the Gauteng High Court (Johannesburg) asking it to declare the insurer in breach of the Constitution because it fired him again while it was still waiting for a judge to decide on the legality of his first dismissal.

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