South Africa

Makangwane: A Fight for Effective Relief to Historic Injustice

Makangwane: A Fight for Effective Relief to Historic Injustice

Learners at Makangwane Secondary School in Limpopo, South Africa have for too long been deprived of their fundamental rights to basic education, dignity, equality and the protection of their best...
Is the restitution of land in the ‘public interest’?

Is the restitution of land in the ‘public interest’?

In the wake of public hearings taking place around South Africa concerning the Parliamentary motion to review and amend the compensation provisions for the lawful expropriation of land contained in...
Affirmative Action in South Africa: The Urgency of Accounting for Historically Entrenched White Privilege and Power

Affirmative Action in South Africa: The Urgency of Accounting for Historically Entrenched White Privilege and Power

In a recent judgement by the South African Constitutional Court, Minister of Constitutional Development v South African Restructuring and Insolvency Practitioners Association, the court struck down an affirmative action policy,...
The bogey of judicial overreach in South Africa: A note on Economic Freedom Fighters v Speaker of the National Assembly

The bogey of judicial overreach in South Africa: A note on Economic Freedom Fighters v Speaker of the National Assembly

Discussions over the contours of the separation of powers principle in South Africa continue to smoulder. During President Jacob Zuma’s term, this dialogue was in overdrive mode. Recently, in Economic...
Reflections On The Rhodes University Travelling Fellowship

Reflections On The Rhodes University Travelling Fellowship

As one of two holders of the inaugural Oxford Human Rights Hub Travelling Research Fellowship, I have had the valuable opportunity to work in the Law Faculty at Rhodes University,...
Levenstein: A Case to End Prescription of All Sexual Offences in South Africa

Levenstein: A Case to End Prescription of All Sexual Offences in South Africa

Widely considered the most progressive constitution in the world, the South African Constitution contains an inclusive and wide reaching Bill of Rights. Amongst these rights, the Bill guarantees every citizen...
The need to consider victim’s voices in the sentencing of offenders: Director of Public Prosecutions v Oscar Leonard Carl Pistorius

The need to consider victim’s voices in the sentencing of offenders: Director of Public Prosecutions v Oscar Leonard Carl Pistorius

On 24 November 2017, the South African Supreme Court of Appeal (SCA) handed down a unanimous decision increasing the sentence of convicted murderer Oscar Pistorius from six, to fifteen years...
The Case For Recognition Of Muslim Marriages In South Africa

The Case For Recognition Of Muslim Marriages In South Africa

The South African Constitution guarantees all of its citizens the right to equality, dignity, freedom of religion and belief as well as the right to protection against arbitrary deprivation of...
Secret Ballot: Vote of No Confidence in South African President Narrowly Defeated

Secret Ballot: Vote of No Confidence in South African President Narrowly Defeated

In an earlier blog post, I discussed the decision of the Constitutional Court regarding the process to be followed by the South African Parliament in the vote of no confidence...
Trillion-Rand South African Nuclear Procurement Halted By South African High Court

Trillion-Rand South African Nuclear Procurement Halted By South African High Court

The South African government’s nuclear procurement programme, already mired in controversy in the media amidst allegations of corruption, suffered a major set-back on 26 April 2017 when the High Court...
Balancing the Scales in Eviction Cases in South Africa: A Note on Occupiers of erven 87 & 88 Berea v Christiaan Frederick De Wet

Balancing the Scales in Eviction Cases in South Africa: A Note on Occupiers of erven 87 & 88 Berea v Christiaan Frederick De Wet

In a landmark judgement by the South African Constitutional Court, Occupiers of erven 87 & 88 Berea v Christiaan Frederick De Wet, the Court found that eviction orders that will...
South African Constitutional Court Allows Secret Ballot for Motion of No Confidence in the President

South African Constitutional Court Allows Secret Ballot for Motion of No Confidence in the President

The South African Constitutional Court yesterday upheld an application by opposition political parties setting aside the refusal of the Speaker of Parliament to direct that a vote of no confidence...

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