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Positive human rights obligations for transnational corporations?

05 September 2016 – In June 2014, the UN Human Rights Council established an intergovernmental working group with the mandate to “elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises”. The first session of this working group took place in July 2015, the […]

The ongoing battle over admissions to public schools: FEDSAS v MEC, Gauteng

10 May 2016 – On Thursday, the Constitutional Court of South Africa heard argument in a case concerning one of the most devastating and enduring legacies of apartheid: unequal education. The stubborn survival of apartheid’s hierarchy of privileged education for affluent, historically white schools is a sobering reminder of how far away we are from […]

Constitutional Court 2016: Second term preview

03 May 2016 – This morning the Constitutional Court of South Africa began its third term of the year.  The bench will, it seems, be constituted by the ten permanent justices and Bosielo AJ, who is occupying the vacancy left after Justice van der Westhuizen’s retirement.  The Court will hear the following cases: Tuesday, 03 May 2016: Rural Maintenance (Pty) Ltd v Maluti-Phofung Local […]

Nkandla judgment – A short word on impeachment

07 April 2016 – In the wake of a failed bid to impeach the President and calls from former ANC stalwarts for Zuma to resign, there is a national feeling that the Constitutional Court judgment on Nkandla has failed to do what it was supposed to: have Zuma impeached. But this does not properly explain […]

The ConCourt on Nkandla – emboldening a country in distress

04 April 2016 – On Thursday, Chief Justice Mogoeng, on behalf of a unanimous Constitutional Court, handed down one of the most politically significant and spirited judgments since the dawn of democracy. A historic day for South Africans; a triumph for accountability and the rule of law. But as journalists scramble for comment and the frenzy to […]

Constitutional Court judgment: EFF v Speaker; DA v Speaker

31 March 2016 – This morning the Constitutional Court of South Africa handed down a judgment of major significance for President Jacob Zuma and the Public Protector’s Nkandla report. We have already previewed the case and reported on the hearing. Chief Justice Mogoeng’s unanimous judgment is scathing of the conduct of the President, and of the National […]

Constitutional Court hearing: EFF v Speaker; DA v Speaker

10 February 2016 – The excitement reverberating outside the courtroom yesterday did not detract from Adv Gauntlett’s very sobering address: ‘This is a delicate time in a dangerous year’, he told us. The moment has come to bring an end to this ‘protracted issue’ that has ‘traumatised the nation’. We were informed that President Zuma will now — […]

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