Legal Articles and Guides

The Depart­ment of Home Affairs has launched a dedicated portal to assist South Afric­ans abroad who are uncon­sti­tu­tion­ally stripped of their cit­izen­ship, reports The Herald.

Law clinics are overwhelmed with queries from asylum seekers blocked from accessing SA’s asylum system. Asylum seekers are required to apply for an asylum seeker’s permit (also known as a section 22 permit) in person at a Refugee Reception Office within five days of arriving in SA.

Kgosi Mampuru prison head Ntsizi Qebengu avoided arrest when his lawyers served a SCA petition on Radovan Krejčír’s attorneys, effectively suspending his 90-day contempt of court imprisonment sentence, reports News24.

In a far-reaching judgment, the Constitutional Court on Friday effectively granted all parents – regardless of gender, sex, colour or circumstances – equal parental leave rights.

Civil society organisations have called for EFF leader  Julius Malema to be removed from the JSC, saying his recent criminal conviction and history of legal transgressions make him unfit to serve.

A unanimous Constitutional Court ruling affirming SA men's right to adopt their wives’ surnames has ignited debate over customary law's place in a constitutional framework, argues Anthony Diala, director of the Centre for Legal Integration in Africa at the University of the Western Cape.

The Constitutional Court has reserved judgment after hearing oral evidence from parties which seek to have parts of the Criminal Law (Sexual Offences and Related Matters) Act, 32 of 2007, concerning consent, declared unconstitutional.

The issue of ‘consent’ in sexual offences, including rape, will be in the spotlight in the Constitutional Court this week. According to GroundUp, the justices, hearing the arguments, have to grapple with how far to take the law when it comes to perpetrators alleging, they believed that the victims had said, or had indicated through their actions or inactions, that they were saying, ‘yes’.

A Con­sti­tu­tional Court rul­ing grant­ing men the right to adopt their wives’ sur­names has unleashed anger from tra­di­tional lead­ers across SA who say the judg­ment under­mines African cul­tural prac­tices, erodes fam­ily iden­tity and threatens suc­ces­sion norms.

Men can now assume their wives' surnames after the Constitutional Court ruled yesterday that section 26(1) of the Registration of Births and Deaths Act is unconstitutional as it unfairly discriminates on the basis of gender.

The Constitutional Court declined to hear the appeal in AfriForum v EFF and Others, a case centred on the struggle song 'Dubul’ ibhunu' ('Kill the Boer; Kill the Farmer') in March 2025.

A farmworker family has won a David and Goliath battle which prevents the farm owner from evicting them from a place they’ve called home for generations.

The Constitutional Court has agreed to hear the Free State prosecution head’s direct access bid to overturn the ruling that won Ace Magashule’s personal assistant Moroadi Cholota her freedom, reports News24.

The Gauteng High Court (Pretoria) will tomorrow hear an application brought by President Cyril Ramaphosa and the government seeking to reinstate their opposition in the constitutional damages case filed by 25 families and survivors of apartheid-era crimes in January.

The Constitutional Court yesterday cleared the way for Professor Firoz Cachalia to be officially sworn in as Acting Police Minister today.