Legal Update | South African High Court refuses government application for leave to appeal the Al-Bashir decision

16 September 2015 – In June 2015 a full bench of South Africa’s High Court (Gauteng Division, Pretoria) issued a judgment holding that the government’s failure to arrest Sudanese President Omar Al-Bashir was unconstitutional. The government sought leave to appeal this decision. Today, the High Court refused the government’s application for leave to appeal, with costs. […]

Leo Boonzaier | Constitutional Court preview: Kham v IEC

9 September 2015 – Tomorrow the Constitutional Court of South Africa hears Kham and Others v Independent Electoral Commission and Another CCT 64/15 (court papers), the final case (at least until the belated scheduling of Provincial Government, North West v Tsoga Developers) in its third term of 2015. Date of hearing:  Thursday, 10 September 2015 Issue:  What (if anything) can and should […]

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

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 […]

Leo Boonzaier | Constitutional Court preview: Makate v Vodacom

28 August 2015 – On Tuesday next week, the Constitutional Court of South Africa hears the most high-profile case of 2015’s third term, Makate v Vodacom (Pty) Ltd CCT 52/15 (court papers), which we preview here. Date of hearing:  Tuesday, 1 September 2015 Issue:  Whether the plaintiff concluded a valid contract with Vodacom entitling him to a share […]

Leo Boonzaier | Constitutional Court preview: Links v MEC for Health

21 August 2015 – On Tuesday, the Constitutional Court of South Africa hears another case from its third term of 2015, namely Links v MEC, Department of Health, Northern Cape CCT 29/15 (court papers). Date of hearing:  Tuesday, 25 August 2015 Issue:  Whether the applicant’s medical negligence claim against the state, which he instituted more than three […]

Leo Boonzaier | Constitutional Court preview: Toyota v CCMA

17 August 2015 – Earlier this month, the Constitutional Court of South Africa began its third term of the year. In this post, we preview the fourth case of the term, Toyota SA Motors (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration CCT 228/14 (court papers). Date of hearing:  Tuesday, 18 August 2015 Issue:  Who stands to […]

Sarah Logan | Namibia’s Caprivi treason trial: An end in sight?

17 August 2015 – In August 1999, sixteen years ago this month, members of the secessionist Caprivi Liberation Army attacked a number of Namibian government buildings in Katima Mulilo, the capital of Namibia’s Caprivi Strip. Eleven people were killed and some 300 suspected rebel fighters and civilian sympathisers were arrested as government forces quashed the attack. 132 […]

Brian Osundwa | The constitutional rights of women: Rwanda and Kenya

14 August 2015 – The Constitution of Rwanda emphasises the commitment of the people of Rwanda to ensuring equal rights between women and men, without prejudice to the principles of gender equality and complementarity in national development. National development cannot hence be successfully achieved in the absence of equal rights for women and men. This is, […]

Leo Boonzaier | Constitutional Court preview: Mighty Solutions v Engen

10 August 2015 – Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd CCT 211/14 (court papers, media summary) Date of hearing:  Tuesday, 11 August 2015 Issue:  Whether section 2A(5) of the Petroleum Products Act allows a petrol retailer to resist eviction by the oil company from which it subleases Background:  Oil companies are big.  […]

Leo Boonzaier | Constitutional Court preview: Mashongwa v PRASA

5 August 2015 – Mashongwa v Passenger Rail Agency South Africa CCT 03/15 (court papers, media summary) Date of hearing:  Thursday, 6 August 2015 Issue: Whether the state rail authority is liable for failing to prevent an assault on one of its passengers Background: When Mr Mashongwa was traveling on a commuter train in Pretoria, he was […]

Constitutional Court 2015: Term 3 preview

5 August 2015 – Tomorrow the Constitutional Court begins its third term of the year.  It will be a busy one, with eleven hearings scheduled. Justices van der Westhuizen and Zondo have returned from long leave, reducing the high number of acting judges that marked the first and second terms of the year.  But Justice […]

Editorial | Approaching the bench: the four candidates for the vacant Constitutional Court seat

8 July 2015 – The Judicial Service Commission (“JSC”), on 10 June 2015, announced its shortlist of candidates to be interviewed for the vacancy on the Constitutional Court created by Justice Thembile Skweyiya’s retirement in May last year. The interviews are scheduled for 9 and 10 July 2015 and are long overdue. All four interviewees are […]