Proposed changes to the Traditional Courts Bill to remove the possibility to “opt out” and use magistrate’s courts instead are probably unconstitutional, and definitely play into the hands of traditional leaders instead of their communities
law
The notorious, dissenting RBG
Ruth Bader Ginsburg understood the consequences of her death, and that the cold political calculus of replacing her on the US Supreme Court would take centre stage. Her supporters should take heart from her persistence
Breaking down South Africa?
In 2015, it was reported that Zulu King Goodwill Zwelithini, speaking to followers at Nongoma, criticised black South Africans for not building further on the country they had inherited from the National Party, opting instead to destroy or break down infrastructure, in this way cancelling out the (economic) progress made during a time when the […]
The particularity of race and the universality of being human: Derrida on Mandela
Judging by the seemingly never-ending spate of articles, debates, and to-and-fro accusations that reflect a veritable obsession with race in this country — an obsession one might have expected to abate somewhat at this point in time, almost 22 years after the demise of apartheid — it appears to me a timeous moment to return […]
This is why I don’t want to be a lawyer anymore
Unemployment is at its highest in SA at the moment, and even worse for the youth. Graduate unemployment is at an alarming rate. For those who are fortunate enough to be employed, there are times when you reach a point and have to say “deuces” to your employer. This could be brought on by a […]
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 […]
Goodness gracious! This Dacia is a Nissan!
So poor old Sydney Gordon (65) of Johannesburg is suing Nissan South Africa because he bought a Nissan NP 200 from them for R131 342 on February 22 2012 and a year later discovered that it had “Renault” stamped all over it. He must have gone to a lot of trouble stripping the bakkie to identify […]
The Silk Road: should drugs be legalised?
Please excuse the brief nature of this blog, the subject definitely merits a longer discussion at some point, but I’m curious to hear your thoughts on the recent closure of The Silk Road drugs bazaar and the arrest of the person whom the FBI believe to be its founder, Ross Ulbricht, and more generally on […]
Why commercial law?
Now and I again my friends, who seem never to pay attention to anything I tell them, ask me about my career plans. “So, which area of law will you specialise in?” they ask. When I tell them that I am training to specialise in commercial law, I see their curiosity whirling to awe. I […]
A correct police response to domestic violence could save lives
Every eight hours in South Africa, a woman is murdered by her intimate partner. Three a day. At least. The Preamble of the Domestic Violence Act (DVA) states that victims of domestic violence are among the most vulnerable members of society. The DVA describes a variety of behaviours that can be classified as domestic violence […]
Marikana: From Foucault’s ‘bio-power’ to Agamben’s ‘Homo Sacer’
Readers of Michel Foucault will know that when he turned to Greek and (especially) Roman antiquity in his genealogical investigation of human sexuality, he found there admirable personal ethical practices, conducive to a high degree of autonomy under the rubric of “the care of the self”. In earlier genealogical studies, however, the picture that emerged […]
Nine New Year’s resolutions for Parliament
Many of us make New Year’s resolutions as a sign of a fresh start or courage to reach a specific goal. This year I decided to write a few for Parliament. 1 Forgotten (or to-be-forgotten) reports Our legislature has become very comfortable with writing comprehensive reports but does not implement them. Dusty reports include the […]