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 […]

Constitutional Court 2016: Second term preview

03 May 2016 – This morning the Constitutional Court of South Africa began its third term of the year.  The bench will, it seems, be constituted by the ten permanent justices and Bosielo AJ, who is occupying the vacancy left after Justice van der Westhuizen’s retirement.  The Court will hear the following cases: Tuesday, 03 May 2016: Rural Maintenance (Pty) Ltd v Maluti-Phofung Local […]

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 judgment: EFF v Speaker; DA v Speaker

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 […]

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 […]

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 […]

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

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

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

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

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 […]

Constitutional Court judgment – Kham v IEC

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 […]