‘[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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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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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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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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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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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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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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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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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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South Africa (SA) is a state governed by the supremacy of the Constitution, in particular, s 2 of the Constitution dictates that: ‘This Constitution is the supreme law of the […]
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