Jade Weiner

Jade Weiner is a qualified Attorney, Notary Public and Mediator from South Africa. After completing her articles of clerkship at ENS Africa, she chose to leave corporate practice and volunteer with various NPOs, gaining experience in entrepreneurship, female empowerment and skills development. Jade served as a law clerk for Chief Justice Mogoeng at the Constitutional Court of South Africa and worked as legal researcher at the Helen Suzman Foundation NPO- working to promote and honour the rule of law. Jade has recently graduated with her BCL degree from the University of Oxford focusing on gaining knowledge and skills to best pursue justice, freedom and fairness for all.

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Municipio de Mariana Ors v BHP Plc BHP Ltd – “access [to justice] denied”

Municipio de Mariana Ors v BHP Plc BHP Ltd – “access [to justice] denied”

On 09 November 2020, Mr Justice Turner of the High Court, handed down a judgment that denied the jurisdiction of the English Court to adjudicate the liability of BHP Plc and BHP Ltd on the merits, for the catastrophic consequences ...
South Africa calls for comments on progressive GBV Bill

South Africa calls for comments on progressive GBV Bill

Structural and legislative innovations aim to respond to gender-based violence plaguing South Africa. Recently, the “Victim Support Services Bill” (“Bill”) was presented for public comment. The Bill aims to address the rights of ...
BHP to be Dammed?

BHP to be Dammed?

On 5 November 2015, a devastating mudslide following the collapse of the Fundao Dam tore through Mariana, Brazil, destroying entire cities, decimating the environment and destroying historic, cultural and religious traditions in the ...
COVID-19 and Domestic Violence in South Africa

COVID-19 and Domestic Violence in South Africa

South Africa has been on state lockdown since midnight of 26 March 2020, in the government’s attempt to curb the spread of the Coronavirus and legally mandate South Africans to “stay home”. Yet, for some women and children, home is a ...
Legal and Ethical Considerations for Forced Testing and Quarantine in the Time of COVID-19  

Legal and Ethical Considerations for Forced Testing and Quarantine in the Time of COVID-19  

In response to the COVID-19 pandemic, the South African state has enacted regulations which allow for forced testing and quarantine. These regulations limit the rights of persons but are likely a justifiable limitation of rights.  ...
South African court rejects petition to award constitutional damages and extend emotional shock and grief claims in pit-latrine drowning case

South African court rejects petition to award constitutional damages and extend emotional shock and grief claims in pit-latrine drowning case

In 2014, 5-year old Michael Komape tragically drowned in a sludge of human excrement when the pit-latrine at his rural school in the Limpopo province collapsed. While the Supreme Court of Appeal(SCA) awarded damages for emotional shock
South African Constitutional Court Affirms Doctrine of Common Purpose in Rape Cases

South African Constitutional Court Affirms Doctrine of Common Purpose in Rape Cases

In criminal law, the doctrine of common purpose establishes that where two or more people agree to a commit a crime, each will be responsible for the acts of the others that fall within their common purpose or design.  In the landmark ...
Brand “spanking” new law – South African Constitutional Court Outlaws Corporal Punishment of Children

Brand “spanking” new law – South African Constitutional Court Outlaws Corporal Punishment of Children

On the 18th of September 2019, Chief Justice Mogoeng handed down a unanimous judgment declaring the common law defence of moderate and reasonable chastisement constitutionally invalid. Freedom of Religion SA (FoR SA) argued that ...
Bringing Back the Death Penalty in South Africa for Crimes Against Women

Bringing Back the Death Penalty in South Africa for Crimes Against Women

September is the start of spring in South Africa, marked by warmer weather and blossoming trees. However, this September was marred by brutal xenophobic attacks and lootings, child abductions and the rape and murder of young, vibrant, ...
Blurred Lines: When Free Speech Becomes Hate Speech

Blurred Lines: When Free Speech Becomes Hate Speech

On the 27th of August 2019, the South African Constitutional Court (Court) heard its first substantive hate speech case in relation to statements made by Bongani Masuku, as Head of International Relations for the Congress of South ...