Why extend the terms of Constitutional Court judges?
A journalist sent me the most curious draft Bill which – if passed – would amend section 176 of the Constitution. At present that section 176, read with the relevant legislative provisions, limits the...
View ArticleGlenister: A monumental judgment in defence of the poor
Corruption is a human rights issue and the only way for a state effectively to combat corruption is through the creation of a truly independent unit that investigates corruption with a view...
View ArticleHow not to criticise a court judgment
Reasonable lawyers may well disagree on whether the majority or minority decisions of the Constitutional Court judgment in the Glenister case (dealing with the unconstitutionality of the Hawks) is the...
View ArticleWhere are you going to stand, my fellow white South Africans?
One of the things I most admire about Archbishop Desmond Tutu is that he is an equal opportunities offender. A few years ago he offended then President Thabo Mbeki for saying that there was a lack of...
View ArticleWhat happened to reasoned debate?
The debate about the wisdom of appointing Justice Mogoeng Mogoeng as Chief Justice, given the fact that he has had some ethical lapses in the past, that he appears to have a “gender problem”, and that...
View ArticleA shallow argument not entirely based on the facts
The FW de Klerk Foundation’s Executive Director, Dave Steward, has responded to a previous post on this Blog in which I argued that the imposition of a wealth tax would probably be constitutionally...
View ArticleWhat we talk about when we talk about transformation
“Transformation” has become one of the most used but least examined words in our political discourse. It is a word often bandied about by people in a way that suggests a rather narrow understanding of...
View ArticleA tale of two judges
It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light,...
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Dikgang Moseneke to speak on balance between will of the people and supremacy...
Invitation to Claude Leon Human Rights Lecture UCT Law Faculty invites you to the second annual Claude Leon Human Rights Lecture to be delivered by Deputy Chief Justice Dikgang Moseneke on 29...
View ArticlePodcast of DCJ Moseneke lecture at Georgetown University
The podcast of the lecture delivered by Deputy Chief Justice Dikgang Moseneke can be accessed here. (Quicktime required)
View ArticleANC pulls back from the brink on Moseneke
It is with immense relief that I read the news that the ANC has now retracted its earlier unwise and intemperate attack on Deputy Chief Justice Dikgang Moseneke. “Having listened to Justice Moseneke’s...
View ArticleZille, Zillier, Zilliest
Democratic Alliance (DA) leader Helen Zille has been very successful at cultivated the image of a no-nonsense, straight-shooting politician that sticks to her principles – no matter what. Her party has...
View ArticleWhat happens when 5 judges retire?
Next year five judges of the Constitutional Court will come to the end of their 15 year term and will have to retire. These are Chief Justice Pius Langa and Justices Kate O’Regan, Albie Sachs, Yvonne...
View ArticleShould the JSC hearings be in public?
Newspaper reports suggest that neither the Chief Justice, nor Judge President John Hlophe, has decided yet whether they would support a decision by the Judicial Services Commission (JSC) for the...
View ArticleSandile Ngcobo Chief Justice?
The first thing that strikes me about the Constitutional Court judgment in the main Zuma application is that it was not unanimous. Justice Sandile Ngcobo dissented and would have found in favour of...
View ArticleWhy the “weak” shortlist for Constitutional Court vacancy?
Business Day reported yesterday that additional candidates were approached on Friday to stand for appointment as judges of the Constitutional Court to replace Constitutional Court Judge Tholakele...
View ArticleA (partial) victory for Joe Slovo residents
The Constitutional Court today granted an order for the eviction of Joe Slovo residents to far off Delft to facilitate the building of houses as part of the N2 Gateway Project. The fact that the court...
View ArticlePlease drop this crazy idea, Minister Radebe
The love fest between the executive and the judiciary at the Second Judicial Conference for South African Judges seemed to have been spoilt slightly by remarks by Justice Minister, Jeff Radebe....
View ArticleWho will be our next Chief Justice?
In the near future President Jacob Zuma will probably appoint Justice Sandile Ngcobo as our new Chief Justice. I have a high regard for Justice Ngcobo. Whether one agrees with him or not, his...
View ArticleEthics guidelines are so September 10
Does any of the esteemed readers of this Blog have the email address of Judge President John Hlophe? I would really like to send him a copy of the Ethics Guidelines issued by the Chief Justice, the...
View ArticleSAPS shows how not to implement “affirmative action”
The South African Police Services (SAPS) yesterday agreed to an out of court settlement with four chemical analysts at the SAPS forensic laboratories after the four challenged a decision not to promote...
View Article“Afrikaners is (not) plesierig”?
Hoërskool Ermelo has on average about 22 learners in a classroom. At the nearby Lindile School, 62 learners are on average crammed into one classroom. Until now the school’s medium of instruction was...
View ArticleMoseneke, the M&G and judicial ethics
The Mail & Guardian published an article and editorial on Friday in which it exposed the fact that Deputy Chief Justice Dikgang Moseneke owned 18% of a company (via a family trust) that rents...
View ArticleMoseneke story still no scandal
The Mail & Guardian continues its “expose” of the alleged dubious business dealings of Deputy Chief Justice Dikgang Moseneke in their paper this week. It claims that “the Moseneke family” has...
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