constitutional court

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Background

Local

A bruising blow for labour brokers

When a job seeker has been absorbed by a company through the services of a labour broker for a period of more than three months, do they become the permanent employee of the company, the labour broker, or both? In this scenario, they become an employee of the company, according to a judgment by the Constitutional Court on Thursday, which changes the mechanics of South Africa’s labour broking system. For […]

today27 July 2018

Local

ConCourt grants Mkhwebane direct access to appeal personal costs order

The Constitutional Court has granted Public Protector Busisiwe Mkhwebane direct access to challenge the constitutionality of the personal costs order made against her, her office has said. In February, Mkhwebane was ordered by the North Gauteng High Court in Pretoria to pay 15% of the legal costs of the South African Reserve Bank's challenge to her Absa/Bankorp report. The report was set aside by the court, as well as her […]

today24 July 2018

Local

Spouses married under Muslim law now recognised in Wills Act

In a victory for Muslim women married in polygamous marriages‚ the Constitutional Court confirmed that a section in the Wills Act was unconstitutional. The section failed to recognise the right of a surviving spouse in a polygamous Muslim marriage to the benefits of her deceased husband’s will. The Constitutional Court confirmed the order made by the High Court in Cape Town last year‚ which declared section 2C(1) of the Wills […]

today30 June 2018

Local

ConCourt confirms voters have the right to be informed on private political funding

The Constitutional Court has confirmed a ruling by the Western Cape High Court which found that the Promotion of Access to Information Act (PAIA) was unconstitutional because it did not provide for the disclosure of information pertaining to the private funding that political parties receive. "It is declared that information on private funding of political parties and independent candidates is essential for the effective exercise of the right to make […]

today21 June 2018

International News

President announces new Madagascar government after court order

Hery Rajaonarimampianina, president of Madagascar, says a new government has been appointed after a court ruling which required a "consensus" administration to resolve a crisis sparked by electoral reform. The Indian Ocean nation has been rocked by protests initially called against new electoral laws the opposition said were aimed at barring their candidates from taking part in elections scheduled for later this year. The demonstrations then snowballed into demands for […]

today12 June 2018

Local

Gun owners with expired licences must hand them in or face arrest: ConCourt

Gun owners whose licences have expired will have to surrender their firearms to the police immediately. This was confirmed by a Constitutional Court judgment on Thursday, with national police spokesperson Brigadier Vishnu Naidoo confirming that those who failed to do so would be arrested. "We welcome the judgment and we are calling on all those who haven’t renewed their firearm licences to bring them in. If we find them, [they […]

today8 June 2018

Local

Racial divisions must be addressed to protect SA’s reputation – Mogoeng

Constitutional Court Chief Justice Mogoeng Mogoeng urged South Africans to take racially informed economic inequality and the land question seriously, if they want South Africa to become a respected and prosperous nation. He was speaking at the Brand Summit South Africa in Cape Town on Thursday morning. The chief justice’s remarks come as Parliament is considering a re-look at the Constitution’s provisions for expropriation of land without compensation. The African […]

today4 May 2018

Local

Sassa inquiry to hear closing arguments in March

The inquiry into whether Social Development Minister Bathabile Dlamini should be held personally liable for the grant distribution crisis at the SA Social Security Agency (Sassa) will resume on March 19 for closing arguments. The Constitutional Court appointed Judge Bernard Ngoepe to head the inquiry to investigate whether Dlamini should be held personally liable for the costs incurred during the Sassa payment crisis. Dlamini appeared before the inquiry last week, […]

today3 February 2018

Local

Zuma’s bruising year in the courts

It has been a turbulent year in courts for President Jacob Zuma. Three cases related either to his official functions as head of state or personal interests dealt the president a series of body blows during 2017. The latest landed in the final weeks of the year when a full bench of the High Court in Pretoria ordered Zuma to pay legal costs from his own pocket. Zuma wanted to […]

today31 December 2017

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