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 […]

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

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 […]

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 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 — […]

Constitutional Court preview: EFF v Speaker; DA v Speaker

8 February 2016 – Tomorrow, the Constitutional Court of South Africa hears Economic Freedom Fighters v Speaker, National Assembly; Democratic Alliance v Speaker, National Assemby CCT 143/15; 171/15 (court papers), the second case in the Court’s first term of 2016, and by far its most politically charged. Date of hearing:  Tuesday, 9 February 2016 Issue:  What is the legal […]

Legal Update | Zimbabwe: Constitutional Court Strikes Criminal Defamation Laws

 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 […]

Constitutional Court 2016: First term preview

2 February 2016 – This morning, the Constitutional Court of South Africa hears its first case of 2016, Snyders v De Jager, which is about appeal procedures in eviction cases.  Also on this term’s schedule are a delictual claim against the state for its detention of a minor; an important case about whether the state […]

Constitutional Court 2015: Term 4 preview

3 November 2015 – On Thursday, the Constitutional Court of South Africa begins its fourth and final term of the year.  The Court already has a pile of pending judgments.  With nine more cases to come this term, 2015 might be the Court’s busiest ever year. The Court’s composition for this term is puzzling.  Justice Froneman […]

ALC condemns the use of force in South Africa’s #FeesMustFall protests

21 October 2015 – The African Legal Centre (ALC) strongly condemns the reported use of less-lethal weapons against peaceful student protesters in South Africa.  Recent reports reflect the indiscriminate firing of tear gas canisters, stun and flash grenades, and rubber bullets in Cape Town and Port Elizabeth.  The ALC reminds law enforcement officials that any […]

Leo Boonzaier | Constitutional Court preview: North West Provincial Govt v Tsoga Developers

25 September 2015 – Next week Tuesday, the Constitutional Court of South Africa hears Provincial Government, North West Province and Another v Tsoga Developers CC and Others CCT 91/15 (court papers), a case belatedly tacked on to the Court’s third term of 2015.  It should not have been.  The government’s application is a disheartening mess. […]

C. Genevieve Jenkins | Burkina Faso: Coup undermines constitution, regional and international law

18 September 2015 – Interim president Michael Kafando and interim prime minister Yacouba Isaac Zida were arrested by the Regiment of Presidential Security (“RSP”) as part of the military coup d’etat on 17 September 2015, just ahead of elections scheduled for next month. The interim leaders were reportedly being held hostage, along with the minister […]