Piet Olivier | Between a frock and a hard place: the Constitutional Court’s hearing for De Lange v Presiding Bishop

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1 September 2015 – Can the Methodist Church fire a minister because she married her same–sex partner? This is the question raised by De Lange v Presiding Bishop, Methodist Church of Southern Africa (discussed in last week’s preview), and it places the Constitutional Court in an uncomfortable position. If it answers yes, it not only […]

Piet Olivier | Property yields to purpose: Shoprite Checkers v MEC

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06 July 2015 – In the recent Shoprite Checkers v MEC [2015] ZACC 23 the Constitutional Court forgets we have a property clause. In its anxiety to preserve the state’s ability to regulate in the public interest, the Court obscured and weakened our property rights. Shoprite is about a liquor licence. In 2003, the Eastern […]