Constitutional law

Decoding statutory interpretation: An in-depth analysis of the South African Constitutional Court

Pentimenti is a very interesting Italian term, often applied in the study of art where repented traces or sketches concealed by layers of paint soon reveal themselves (Douglas Oliveira Diniz […]

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Checks and balances: Monitoring the separation of power and judicial independence

‘[T]he Constitution, at least per se matter, does not forbid judges to wear two hats; it merely forbids them to wear both hats at the same time’ (Ronald J Krotoszynski […]

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How uneven allocation of police resources results in discrimination of poorer communities

Section 9(3) of the Constitution prohibits unfair discrimination against anyone. This article aims to unpack the most recent judgment handed down by the Constitutional Court (CC) on 19 July 2022 […]

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It is unconstitutional to impose a levy on the constitutional right to protest

The Right to Know Campaign and Others v City Manager of Johannesburg Metropolitan Municipality and Another (GJ) (unreported case no 49197/2021, 10-6-2022) (Victor J) On 26 April 2022 the Gauteng […]

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Public policy, jus cogens norms and the fiduciary criterion of legitimacy

International law acknowledges and permits governments to govern and implement public policy to protect their citizens against external and internal threats. History teaches that rule by decree during declared states […]

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Constitutional Court sets aside conviction of former law student

Tuta v S (CC) (unreported case no CCT308/20, 31-5-2022) (Unterhalter AJ (Madlanga J, Majiedt J, Mathopo J, Mhlantla J, Theron J and Tshiqi J concurring)) In a matter between Liqhayiya […]

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Doctrine of stare decisis requires courts ‘stand or abide by cases already decided’

Ayres and Another v Minister of Justice and Correctional Services and Another 2022 (5) BCLR 523 (CC) In Ayres, the applicants, Gregory Craig Ayres and Valeri Lazanov Nikolov, applied for […]

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Limiting human rights during COVID-19 – is it only legitimate if it is proportional?

The normative standards in international human rights obligate governments to respect, protect and fulfil the human rights of all people in their territory. The World Health Organisation (WHO) declared COVID-19 […]

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Incorrect legal standard applied? Zuma and the Zondo Commission

Certain values in the Constitution were designated as the foundation of our democracy. Such values must then be observed scrupulously because if these values are not observed and their precepts […]

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Has Muslim personal law been given recognition in the light of the recent appeal court judgment?

In the 26 years since the advent of our non-racial constitutional democracy, many Muslims have remained or have become parties to Muslim marriages, which are not recognised as valid marriages […]

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