It is the Supreme Court of Appeal overturning Oscar Pistorius’ manslaughter conviction, in favour of one for murder, that dominates the headlines. But this week’s Constitutional Court ruling around what appears to be a trifling municipal squabble has potentially far wider-reaching consequences. The real stress test of a democracy is whether the governing party allows […]
Constitutional Court
Posted inNews/Politics
Public Protector in the courts – what does it mean for me?
By Tess Peacock This week in the news Thuli Madonsela, our Public Protector, is going to court on the Nkandla matter. Why? This is about power, power and power. The Constitution divides government into three components: the executive (the president and his ministers), the judiciary (all the courts) and the legislature (our representatives in Parliament). […]
Posted inNews/Politics
The miserable death of a courageous man
I’ve never spoken with or had any dealings with Robin Stransham-Ford. But I now know enough to conclude that he was a man of great courage. Stransham-Ford died last week. His prostate cancer had metastasised to his spine, kidneys and lymph nodes. Stransham-Ford had applied to the North Gauteng High Court asking that if his […]
Posted inEquality, General, Media, News/Politics
Maimane and the Constitution
In the most direct test of Mmusi Maimane’s understanding of constitutionalism and liberty, the DA’s heir-presumptive has been found wanting. Maimane is widely reported to have stated that he would allow issues like the death penalty and gay rights to be determined by the vote. Understandably, this has caused much upset, among Maimane’s supporters particularly. […]
Posted inNews/Politics
Zuma’s bad dose of ‘premature proclamation’ causes legislative impotence
It’s not often that a country’s leader goes to court to nullify laws that his own government drafted and he earlier happily signed. But hey, this is South Africa where the left hand often is at odds with its right-hand partner. Here, trade unions regularly demonstrate against the very government that they are part of. […]
Posted inNews/Politics
Oh my Gad! Chief Justice Mogoeng wants to mix religion and law
For many who spent their childhood in Pretoria, they’ll remember all too well the threats parents wielded to curb errant behaviour. They would temper a lust for misadventure with the threat of the stout school in Hammanskraal. A hint of madness would be tempered with the threat of Weskoppies in Pretoria West. And any bent […]
Posted inEquality, General, Lifestyle, News/Politics
Yes, but do we live human dignity?
Much has been said, is still being said and will continue to be said about the reconstitution of the South African legal, political and, perhaps most importantly, ethical order on the basis of the ideal of human dignity. This reconstitution of course took place and form by way of the adoption of the post-apartheid Constitutions […]
Posted inEquality, Gender violence, Media, News/Politics
Concourt ruling against ‘teen sex’ law protects rape survivors’ rights
Last week’s Constitutional Court ruling decriminalising consensual sexual relationships between teens was met with moralising outrage across the country. Sensationalist media fanned the flames of indignation by failing to contextualise the law’s effect on teen sexual relations – including rape.
Under the impugned sections 15 and 16 of the Sexual Offences Act (SOA) teenage rape survivors, especially girls, run the risk of being criminally charged for being raped.
Posted inNews/Politics
Should foreigners vote?
I recently dealt with at least three queries about the voting rights of permanent residents in South Africa, and specifically the change in their status and recognition. The first time I had to deal with this concern was in the run up to the 2011 local government elections when a Centurion resident told me his […]
Posted inNews/Politics
Will Gauntlett be appointed to the Constitutional Court?
In the legal community you find mainly three types of lawyers. You get the good lawyers who you call up for the straightforward cases. You get the great lawyers for the complicated cases, generally those you want to get to the Constitutional Court. Then you get lawyers like Jeremy Gauntlett, the lawyer that presidents, ministry […]
Posted inNews/Politics
Review of the judiciary: Transformation = co-operation
Almost exactly three years ago, Jacob Zuma addressed the last ANC rally before the election on April 22 2009, which returned the ANC as ruling party and made him president of the country. He spoke about everything from education to crime before he identified two institutions that required “transformation”: the judiciary and the media. Just […]
Posted inNews/Politics
The ConCourt vs provincial legislatures
The Constitutional Court recently handed down judgment regarding the nature and scope of the powers of provincial legislatures. The judgment, Premier: Limpopo Province vs Speaker of the Limpopo Provincial Legislature and others, (2011) (Limpopo 1) was a consequence of the Constitutional Court’s finding in Premier: Limpopo Province vs Speaker: Limpopo Provincial Legislature and others, (2012) […]