Constitutional law

The doctrine of precedent and the value of s 39(2) of the Constitution

By Bayethe Maswazi The principle of stare decisis is a juridical command to the courts to respect decision already made in a given area of the law. The practical application […]

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Noise in Parliament: The right to make opposition

By Saul Leal ‘I will not cause the arrest of any colleague, no matter the level of my irritation,’ said Deputy Chief Justice Dikgang Moseneke, by introducing the debate on […]

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On the relativity of property rights in the Constitution

By Johan van der Merwe The very first founding provision of the Constitution declares that the Republic is a state founded on values. Our social order is in the first […]

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Transport utility’s duty to prevent harm to passenger

Mashongwa v PRASA 2016 (2) BCLR 204 (CC) By Leslie Kobrin On 31 January 2011, Irvine Van Sam Mashongwa boarded a train operated by the Passenger Rail Agency of South […]

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The right to a name and nationality: The issue of undocumented migrant children

By Faith Tigere SS v Presiding Officer, Children’s Court, Krugersdorp and Others 2012 (6) SA 45 (GSJ) ‘Children are the soul of our society. If we fail them, then we […]

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Cabinet approval of s 100 intervention by the department of human settlements in the Nelson Mandela Bay Metropolitan Municipality

By Brenda Wardle This article is primarily aimed at examining whether the s 100 intervention approved by Cabinet earlier this year, and confirmed among others, by the Department of Cooperative […]

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Everyone has the right to life – Fact or a nasciturus fiction?

By Valerie Teresa Smit The debate surrounding pre-natal life is a multifaceted and convoluted legal topic, notwithstanding the various religious and philosophical arguments it triggers. Without becoming all dogmatic about […]

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Hate speech is a crime

Equality Court rules in favour of domestic worker By Peter Williams The District Court of Cape Town, sitting as an Equality Court, has recently made a landmark ruling in Nomasomi […]

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Separation of powers is not constitutional Kryptonite

By Megan Badenhorst In 1748 that Baron de Montesquieu published ‘De L’Esprit des Lois’ (the Spirit of the Laws) in which he proposed the doctrine of the trias politica or […]

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ConCourt upholds dignity of informal traders

By Michal Johnson and Tarryn Paterson On 5 December 2013 the Constitutional Court heard urgent -applications brought by two informal trader organisations for urgent relief. The South African National Retail […]

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