Posts tagged as Constitution

Administrative manoeuvre: Who condones irregular expenditures in the public sector?

x Bookmark Central to this article is the concept of ‘relevant authority’ to condone ‘irregular expenditure’ and to determine who that relevant authority is in terms of legislation. In terms […]

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Grandchild’s claim against grandparent’s estate: Weighing up child maintenance against freedom of testation

x Bookmark The case of Van Zyl NO v Getz NO [2020] 3 All SA 730 (SCA) presented a golden opportunity for the Supreme Court of Appeal (SCA) to provide […]

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Judicial misconduct: A sword that undermines judicial integrity

x Bookmark 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 […]

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The restraint of trade clause and entrepreneurs in contemporary South Africa

x Bookmark The current economic climate in South Africa (SA), especially considering the consequences that COVID-19 has had on the possible economic capabilities of a multitude of South Africans, some […]

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Justice postponed: What causes unreasonable delays in criminal trials?

x Bookmark South Africa (SA) has a widely admired Constitution with a Bill of Rights that embeds human dignity and sets out minutely detailed protections for those arrested on criminal […]

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Who takes the blame? Liability of the Minister of Police for unscrupulous conduct of his officials

x Bookmark The judgment of Mahlangu and Another v Minister of Police [2020] 2 All SA 656 (SCA) (see Merilyn Rowena Kader ‘Law Reports’ 2020 (Aug) DR 26) raises an […]

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Rights and remedies: How do reality shows violate constitutional rights?

x Bookmark The South African Constitution and the court recognises the right of every citizen to freedom of speech and media, and the right to receive information and ideas. While […]

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The GEPF Divorce Debt System: Is it time for reparation or class action?

x Bookmark The Government Employees Pension Fund (GEPF) divorce debt system forced its members into reckless credit, in terms of the National Credit Act 34 of 2005 (NCA), which reduced […]

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Tax and the Constitutional Court – do they ever meet?

x Bookmark The Constitutional Court (CC) has delivered over 800 judgments since its inception; only four of the judgments delivered involved the application of a tax Act. In Metcash Trading […]

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Is the alliance between church and state still proving to be an unholy one?

x Bookmark Ellaurie v Madrasah Taleemuddeen Islamic Institute and Another (KZD) (unreported case no 3848/2019, 21-8-2020) (Mngadi J) Religion touches the profoundest and most delicate emotions of people. It is […]

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