South Africa: Special sitting of the Constitutional Court to mark the retirement of Deputy Chief Justice Dikgang Moseneke

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18 May 2016 – A special ceremonial session of the Constitutional Court to mark the retirement of Deputy Chief Justice Dikgang Moseneke will take place at the Court on Friday 20 May 2016 at 10h00. The Chief Justice and other Justices of the Constitutional Court, as well as representatives of the Executive, Parliament and the legal […]

Constitutional Court judgment: EFF v Speaker; DA v Speaker

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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 […]

Legal Update | Zimbabwe: Constitutional Court Strikes Criminal Defamation Laws

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 5 February 2016 – The 3 February 2016 ruling by Zimbabwe’s Constitutional Court that the country’s criminal defamation laws are unconstitutional is a welcome step toward safeguarding press freedom, the Committee to Protect Journalists said. The court’s panel of nine judges, led by Chief Justice Godfrey Chidyausiku, ruled that all laws assigning criminal penalties to defamation contradict guarantees of […]

South Africa: Special sitting of the Constitutional Court to mark the retirement of Justice van der Westhuizen announced

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26 January 2016 – A special ceremonial session of the Constitutional Court to mark the retirement of Justice Johann van der Westhuizen, after the completion of his twelve (12) year term on the Court, will take place in the Court on Friday 29 January 2016 at 10am. The Chief Justice and other Justices of the Constitutional […]

Constitutional Court judgment – Steenkamp v Edcon

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22 January 2016 – Section 189A of the Labour Relations Act says an employer “must” give 30 days’ notice before making mass retrenchments.  But if it does not give notice, are the dismissals invalid?  Or must the dismissed employees get their remedy under the Act’s usual unfair dismissal procedures?  That is the question the Constitutional Court of […]

Constitutional Court judgment – Toyota v CCMA

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15 December 2015 – This morning, the day before it closes down for the holiday season, the Constitutional Court of South Africa delivered judgment in Toyota SA Motors (Pty) Ltd v CCMA and Others [2015] ZACC 40. The Court’s year has ended with a whimper rather than a bang. The case, as we explained in our preview, is […]

Constitutional Court judgment – Mathale v Linda

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2 December 2015 – Today the Constitutional Court of South Africa delivered judgment in Mathale v Linda and Another [2015] ZACC 37 (full judgment; media summary), a dispute which arose when Mr Mathale was evicted by Mr Linda from property he had occupied for 20 years. The problem was that the Ekurhuleni Municipality, in the course of formalising the […]

Sudan: Unilateral sanctions hit innocent harder than political elites, warns UN rights expert

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1 December 2015 – A United Nations human rights expert today urged States to review their unilateral coercive measures imposed on Sudan over the past two decades, “given the developments taking place in the country since the imposition of the sanctions regimes.” “Sudan has been under unilateral coercive measures for two decades without any adaptation to […]

ICC: DRC Germain Katanga’s sentence reduced and to be completed on 18 January 2016

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1 December 2015 – [On] 13 November 2015, a Panel of three Judges of the Appeals Chamber of the International Criminal Court (ICC), specifically appointed by the Appeals Chamber, reviewed Germain Katanga’s sentence and decided to reduce it. Accordingly, the date for the completion of his sentence is set to 18 January 2016. In today’s decision, the […]

Constitutional Court judgment – Kham v IEC

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30 November 2015 – This morning the Constitutional Court of South Africa handed down Kham and Others v Electoral Commission and Another [2015] ZACC 37 (full judgment; media summary), a judgment of major significance. We set out the background to the case in our preview in September. The gist is that several members of the […]

Constitutional Court judgment – PRASA v Mashongwa

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26 November 2015 – This morning the Constitutional Court of South Africa handed down Mashongwa v Passenger Rail Authority of South Africa [2015] ZACC 36 (full judgment, media summary), in which Mr Mashongwa was suing PRASA in delict for the loss he sustained when he was attacked by a group of assailants and thrown out of the open doors of a […]

Constitutional Court judgment – De Lange v Presiding Bishop, Methodist Church

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25 November 2015 – Yesterday the Constitutional Court handed down a judgment concerning the suspension and discontinuation of Ms De Lange as an active minister of the Methodist Church following her announcement of her intended marriage to her same-sex partner. Listen to the hand-down of the judgment: Shortly after this announcement, the Methodist Church of South Africa, the […]