Meghan Finn | Joining the force: Pheko v Ekurhuleni Metropolitan Municipality

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17 June 2015 – What happens when litigants successfully get a court order vindicating their rights, but the government department that must enforce the order simply doesn’t comply? This was the question raised by the Constitutional Court in its recent judgment, Pheko and Others v Ekurhuleni Metropolitan Municipality (No 2) [2015] ZACC 10. The Municipality […]

Meghan Finn | Farther still to go: paternity leave and the Labour Court’s judgment in MIA v SITA

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6 April 2015 – The South African Constitution promises the right to equality and protects against unfair discrimination on the basis of gender and sex. But South Africa’s laws do not give legal protection to fathers who want to take paternity or parental leave, and Constitutional Court jurisprudence has historically been restrictive in its approach […]

Meghan Finn | Footing the Bill of Rights: Tebeila Institute v Limpopo College of Nursing [2015] ZACC 4

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Constitutional litigation is a costly business.  Who bears those costs is not just important for the individual parties litigating and their lawyers.  Instead, the rules governing costs help promote the health of a constitutional system, because they can encourage constitutional litigation and ensure that worthy claims are pursued. Historically, in South African law costs awards […]