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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 judgment – Tronox Sands v KZN Planning Appeal Tribunal

29 January 2016 – This morning, Justice Johann van der Westhuizen, in his last act as a member of the Constitutional Court of South Africa, handed down judgment in Tronox KZN Sands (Pty) Ltd v KwaZulu-Natal Planning and Development Appeal Tribunal and Others [2016] ZACC 2 (full judgment, media summary). The case is about whether it is […]

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 […]

Supreme Court of Appeal judgment – Minister of Basic Education v BEFA

2 December 2015 – Today South Africa’s Supreme Court of Appeal handed down a major judgment on the constitutional right of access to education, Minister of Basic Education and Others v Basic Education for All and Others [2015] ZACC 198 (judgment available here). It is a victory for Limpopo learners and the rights groups who have been working […]

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