Latest News
Feb
2
Judging the Judges
The parliamentary committee tasked with processing the regulations concerning the disclosure of judges financial interests found itself faced with a mighty phalanx of retired and sitting judges when it met recently.
The judges were there to express their misgivings about facets of the regulations that did not meet with their approval.
Jan
30
Bravo, Chief Justice Chaskalson
Chief Justice Chaskalson, the Administrative Justice Association of South Africa, and the clash in values between the Constitution and the values of the National Democratic Revolution.
Jan
28
Without Fear, Favour OR Prejudice: The Courts, The Constitution and Transformation
At the Spring Graduation Ceremony on 8 December 2011, George Bizos was honoured by the University of Pretoria for his extraordinary contribution to law and justice during his long and illustrious career. In responding to the honour, he made important comments about the role of the courts in a democracy. The title which he gave to his comments, Blame Neither the Constitution nor the Courts, was prompted by what he described as unfair and unjust criticisms of the Constitution and the courts by some political leaders.
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Jan
25
Limpopo and the Rule of Law
The ongoing spat between the Zuma cabinet and the Provincial Executive Council of the ANC in Limpopo has factional political dimensions which have hogged the news headlines. The crisis in governance in the province, is a matter for legal, rather than political analysis.
The founding values of the Constitution and, more specifically, the values and principles spelt out especially in section 195 of the Constitution are all but a dead letter in Limpopo and indeed elsewhere in South Africa. This makes complete and unfortunate nonsense of the last words of section 2 which says:
"This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled".
Jan
19
The cure for a wounded nation
Justice Malala deserves positive recognition, even accolades, for inviting Mamphela Ramphele onto his "Justice Factor" television show for the purpose of consulting the good doctor for a diagnosis of the ailments of the nation.
Ramphele expressed the view that the malaise which is holding South Africa back is the "woundedness" of its people. Her "woundedness of the nation" analysis is provocative. Helpfully, it posits that we are all wounded in different ways and will carry these wounds forward with us unless there is a concerted national effort to treat the injuries that have given rise to the wounds.
Jan
17
Skateboarding - what every parent should know
Every parent needs to know a few important facts about skateboarding. The City of Cape Town, like most big cities, has banned skateboarding on its streets. Prohibiting skateboarding has consequences. It is a criminal offence punishable by a fine or imprisonment or both.
Parents, who do have respect for the rule of law, should not wait for a tragedy to occur before getting organised and pressing for the accommodation of an activity which is preferable to substance abuse and dicing.
Jan
17
They paved paradise and put up a parking lot
When the Noordhoek Farm Village was built, a neat and well loved vegetable patch was sacrificed on the altar of "progress". Subsequently, the Noordhoek Environmental Action Group (NEAG) took the owners of the Noordhoek Farm Village to court.
The case was heard in the High Court and Judge Dennis Davis issued an order on 19 February 2008 requiring the farm village to demolish and remove all permanent structures that it had put in place including all tar, asphalt surfacing, curbside construction and construction of the sign post in the corner.
As any visitor to the farm village can plainly see, the court order, to date, has not been complied with in any shape or form.
Jan
6
Proper self-regulation of the Press
There is a sharp difference of opinion between Wim Trengove SC, who has suggested judicial regulation of the press, and Raymond Louw, doyen of the South African press, who feels that self regulation is the correct and preferred path to follow.
Back in September 2010, IFAISA made representations to a task team reviewing the role of the press ombudsman, with a view to beefing up the way in which the press regulates itself. An edited version of the submissions made, follows.
Dec
31
The case for lawfare
To the uninitiated, the made up word "lawfare", a composite of " warfare" and "law" that is self-explanatory, describes an offensive activity of little social utility that is counter-majoritarian and downright dangerous. The fear is expressed that by using the law to seek justice, the law itself is exposed to attack by the powerful with consequences that are deleterious to justice, liberty and "all things bright and beautiful".
In essence however, lawfare is a means of making accountability matter. The values of openness, responsiveness to the needs of ordinary people and accountability are foundational to the form of constitutionalism that has been embraced in the new South Africa. The rule of law is supreme.
Dec
30
Simelane in the soup
Menzi Simelane has let it be known that he disagrees with the unanimous finding against him in which five judges of appeal ruled that his appointment as NDPP is invalid. The basis upon which he so disagrees reveals his woeful lack of understanding of the basic tenets of constitutionalism and is yet another indicator of his unfitness for the office he holds.
Dec
30
To whom is the Chief Justice referring?
Using the occasion of the oration he gave at the state funeral of the late Judge President of the Land Claims Court, Fikile Bam, the new Chief Justice, Mogoeng Mogoeng, took a swipe at those he called "vicious" critics of the judiciary and sitting judges.
It is important to identify those to whom he refers and to ascertain exactly why these "vicious" critics were lambasted by him in his speech.
Dec
30
Turkeys don't vote for Xmas
The majority of the justices of the Constitutional Court found, in March 2011, that the Hawks lack the necessary structural and operational independence to render them compliant with the requirements of the Constitution.
In an effort to address the structural problem, it is now rumoured in the corridors of power that the intention is to move the Hawks out from the control of the Minister of Police and into the Special Investigations Unit of the National Prosecuting Authority.
As the Special Investigating Unit (SIU) is part of the NPA it could cogently be argued that it is appropriate to house the Hawks in it. The difficulty arises at the operational rather than structural level however. The operational exigencies of the SIU are such that it is dependent upon a presidential proclamation to get to open a case.
Dec
15
ECAAR-SA Annual Report
By: Terry Crawford-Browne
After 15 years since the 1996-1998 parliamentary Defence Review, I have finally on 17 November 2011 succeeded in South Africa's Constitutional Court in forcing President Jacob Zuma to appoint a judicial commission of inquiry into the "arms deal."
The history goes back to South Africa's transition to democracy in 1994 when European politicians flocked here to pay tribute to Nelson Mandela and our new democracy with one hand, and to peddle weapons with the other.
In collusion with state-owned Armscor and the Department of Trade and Industry, European arms companies created the absurd rationale that R30 billion (US$5 billion) spent on warships and warplanes would generate R110 billion (US$18 billion) in offsets that would create over 65 000 jobs and thus stimulate post-apartheid South Africa's economic development.
Dec
15
Blame neither the Constitution nor the Courts
Presentation of Honorary Doctorate to George Bizos SC
Delivered at Spring Graduation Ceremony
9th December 2011
By Advocate George Bizos SC
Dec
12
Motala: beware polemics masquerading as analysis
Under the heading "SCA: Beware politics masquerading as law" and the sub-heading "The appeal court's Simelane ruling is a lapse in fairness" Professor Ziyad Motala has unleashed a broadside of criticism against the unanimous decision of the Supreme Court of Appeal.Dec
5
