Legal Articles and Guides

A requirement described as a cornerstone of the proposed National Health Insurance (NHI) – legislation that would require doctors and health practitioners to obtain a ‘certificate of need’ before being allowed to practise in a particular area – has been declared unconstitutional by the Gauteng High Court (Pretoria).

Solidarity has revealed it will fight what it called the ‘unconstitutional, unworkable and unaffordable’ National Health Insurance (NHI) system in court.

Another MKP court battle is looming and this time it has the KZN Legislature in its sights. The party said it had approached its lawyers for advice on what action to take against the provincial legislature for blocking its chances of chairing portfolio committees.

Seven years after a landmark judgment, the City of Cape Town has finally bought the privately owned land where thousands of families live at Marikana informal settlement in Philippi East.

The Constitution is clear: an impeached former President may not only be denied any benefits of that office, but may not serve in any public office again. Yet the same document does not impose a similar prohibition on a judge or head of a Chapter Nine institution who has been removed from office for gross misconduct.

Parliament yesterday postponed the election of representatives to the JSC after the MKP nominated former Judge President John Hlophe to serve on the body that found him guilty of gross misconduct.

There was a ‘complete lack of evidence’ in the MKP’s court case to support allegations of vote rigging, the IEC’s chief electoral officer Sy Mamabolo has said in court papers.

The SA Human Rights Commission (HRC) is targeting suspended DA MP Renaldo Gouws after an old video clip of him resurfaced in which he can be heard saying: ‘Kill all the kaffirs’.

The Constitutional Court last night dismissed an urgent application by Jacob Zuma's MKP to interdict Parliament from electing a new President tomorrow.

The City of Ekurhuleni was right to seek a rescission of a High Court settlement that compelled it to purchase 16 buildings which were occupied by 1 000 families illegally.

The Constitutional Court will today rule on former President Jacob Zuma's eligibility to serve in Parliament as an MP for the MKP following his 15-month sentence for contempt of the apex court.

In what a Cape Times report calls the oldest sex abuse case to go to trial in the country, two sisters who were sexually abused by relatives from 1974 to 1979 have secured another victory in their quest for justice.

Former President Jacob Zuma has been dealt a blow after his bid to have Constitutional Court judges recuse themselves failed. With the Electoral Commission of SA (IEC) having already sent the ballot papers to the printers, Zuma’s face will – for now – be on the ballot next to the uMkhonto weSizwe Party (MKP) logo in the upcoming elections.

The Electoral Commission of SA’s (IEC) dispute over whether former President Jacob Zuma should serve in Parliament will be heard by the Constitutional Court on 10 May – just 19 days before the national and provincial elections.

The Constitutional Court has ruled that judges ‘should not interfere’ with settlement agreements between litigants, in what a Business Day report calls a landmark decision that outlines judges’ power when requested to sign off on such agreements.