Posts tagged as Constitution

The South African drama: Where Shakespeare and Disney collide

x Bookmark In her 1983 essay, ‘Living in the Interregnum’, Nadine Gordimer quotes Antonio Gramsci: ‘The old is dying, and the new cannot be born; in this interregnum there arises […]

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The Constitutional Court declares Electoral Act unconstitutional

x Bookmark New Nation Movement NPC and Others v President of the Republic of South Africa and Others (Council for the Advancement of the South African Constitution and Another as […]

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The circular definition: Sars’ civil judgment for recovery of tax debt

x Bookmark In a string of recent judgments dealing with the South African Revenue Service (Sars) appointing agents to collect outstanding tax debts, the case of Barnard Labuschagne Inc v […]

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Are the stringent COVID-19 lockdown regulations unconstitutional and unjustifiable?

x Bookmark On 15 March, the South African government declared a national state of disaster in terms of the Disaster Management Act 57 of 2002 (the Act). On 23 March, […]

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The reach of the Constitutional Court: Piecemeal litigation and the principle of res judicata

x Bookmark The simple difficulty with the plenary jurisdiction argument is that it avoids the most important word in s 167(3)(b)(ii) of the Constitution, viz ‘if’. In short, the conditional […]

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Government contracts: When to rely on estoppel

x Bookmark Section 216(1) of the Constitution provides that national legislation must establish a national treasury and prescribe measures to ensure both transparency and expenditure control in each sphere of […]

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Letters to the editor – June 2020

x Bookmark PO Box 36626, Menlo Park 0102 Docex 82, Pretoria E-mail: derebus@derebus.org.za Fax: (012) 362 0969 Letters are not published under noms de plume. However, letters from practising attorneys who make […]

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Faith in the time of lockdown: A Constitutional right to freedom of religion

x Bookmark In terms of s 15(1) of the Constitution ‘[e]veryone has the right to freedom of conscience, religion, thought, belief and opinion’ and in s 31(1) it provides that […]

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