Constitutional law

Nurturing the land: Is it necessary to amend s 25 of the Constitution for land reform?

By Kevin Hopkins and Carl Adendorff The Constitutional Review Committee recently called on the public to comment on whether s 25 needs to be amended to allow for the expropriation […]

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Equality for all religions and cultures in the South African legal system

By Ndivhuwo Ishmel Moleya South Africa (SA) is a religious and culturally diverse country where all cultural, religious and other belief systems are accorded equal constitutional protection. However, it can […]

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Excessive pricing to the detriment of consumers

By Mfundo Ngobese The definition of ‘excessive price’ in s 1 of the Competition Act 89 of 1998, as amended (the Act), is a price that ‘bears no reasonable relation […]

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Navigating the digital divide: Internet access a human right?

By Martin van Staden Since the inception of the ‘#DataMustFall’ movement in 2016, the notion that Internet access is a human right that must be guaranteed by government has become […]

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Reconsidering final judgments – the injustice in justice

By Ndivhuwo Ishmel Moleya It is widely accepted that there is no such thing as a perfect justice system. Court decisions are not entirely faultless, just as judges are not […]

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Your life, your decision? The Constitution and euthanasia

By Sipho Tumelo Mdhluli The Constitution of South Africa (SA) is the supreme law of the Republic. All laws or conducts, which are inconsistent with it are invalid, and the […]

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Being a South African attorney in a conservative world

By Bouwer van Niekerk We live in a weird world. A world where a man that has never previously held political office is now the commander-in-chief of the most powerful […]

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Unpacking the affirmative action equation from a constitutional perspective

By Gideon Tapanya South Africa (SA) has a rich history of racial divisions that affected people of colour (African, Coloured, and Indian people) at all levels of the society, be […]

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South Africa/Russia nuclear power deal: A mockery of the constitutional procurement principles

By Dr Prenisha Sugudhav-Sewpersadh On 21 September 2014 South Africa (SA) entered into an international government agreement with Russia pertaining to the purchase of 9.6GW of electricity to be generated […]

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Does the Constitutional Court have plenary (unlimited) appeal jurisdiction?

By Derek Harms SC As editor of Harms DR Civil Procedure in the Superior Courts (Durban: LexisNexis), I was recently told by a subscriber that the publication did not consider […]

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