Nkandla ruling by Concourt has put politicians back in their boxes

Posted 16 April 2016

The Nkandla ruling by the Constitutional Court may represent a watershed event for South Africans. The court ordered President Jacob Zuma to repay a portion of the taxpayer money used to build his Nkandla private estate. The ruling also demonstrated to politicians that they are not above the law, and this is arguably the main outcome of this case. Eustace Davies of the Free Market Foundation looks at the implications of the case.

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Government using legal sophistry to by-pass the constitution

Posted 31 January 2016

The judiciary has genuflected to Parliament's ongoing assault on property rights. As LLB student Martin van Staden points out, no society prospers where property rights are under attack. The result is inevitable: South Africans will continue securing their property rights in more hospitable climates abroad.

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Court bid to veto Zuma as president could save SA

Posted 19 January 2016

It is not too late for opposition parties to bring an application before the Constitutional Court challenging the suitability of Jacob Zuma to hold the office of president, says Paul Hoffman of Accountability Now. Zuma has demonstrated irrationality in transfering his finance minister and is fatally compromised as president.

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The dagga trials: the state argues zol makes you violent and stuff

Posted 04 January 2016

The dagga trial gets underway in March this year, and it should be a trip! On the one side is the Dagga Party of SA, led by Jeremy Acton, and on the other the state. The Dagga Party argues that SA is out of touch with the latest research findings and the trend towards decriminalisation of the world's favourite plant.

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"Unconstitutional" Expropriation bill will spook investors

Posted 28 July 2015

The draft Expropriation Bill gives government the right to expropriate land in what it deems is the public interest, paying "just and equitable" compensation. The Bill has been attacked by the banking association and the SA Institute of Race Relations.

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NCR to investigate all attachment orders from debt collector Flemix

Posted 15 July 2015

The National Credit Regulator will investigate hundreds of thousands of emolumernt attachment orders obtained by debt collector Flemix & Associates after a devastating judgment was handed down that makes it illegal to obtain such orders without a court hearing by a judge, according to Personal Finance.

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Free speech upheld in defamation case brought by Bitou municipality

Posted 09 June 2015

Can a municipality sue for defamation? Bitou municipality in Plettenberg Bay thought it could after being defamed by two individuals in a previous court case. Judge Jeanette Traverso of the Western Cape High Court slapped it down.

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Cape High Court reminds Parliament who's boss

Posted 17 May 2015

The Cape High Court last week reminded Parliament that the Constitution reigns supreme in SA after the Speaker earlier this year called in the police to remove unrul Economic Freedom Fighters MPs. Parliament has appealed the finding, according to Mail & Guardian.

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Badly written laws end up in court

Posted 22 April 2015

Three badly written laws are now before the courts for adjudication. One of these has been referred by the National Credit Regulator, seeking to establish whether repossessed assets sold at auction can be sold far below market price. The solution suggested is to set a reserve price.

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Shuttleworth's exchange control case headed for Concourt this week

Posted 03 March 2015

The Reserve Bank took R250 million in levies off Mark Shuttleworth when he tried to move his funds offshore. Having challenged this in the High Court and Supreme Court of Appeal, he is now headed for the Constitutional Court. 

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Court asked to force political parties to identify sources of funds

Posted 10 February 2015

The Constitutional Court is being asked today to compel Parliament to pass legislation forcing political parties to disclose their sources of funding. The case is being brought by My Vote Counts which argues that the Constitution guarantees the public's right to information needed to exercise its rights.

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DA wins court battle over Zuma "thief" message

Posted 19 January 2015

The Constitutional Court has ruled that the Democratic Alliance was within its rights to claim that President Zuma had stolen South Africans' money to build his R246 million Nkandla residence in Kwazulu-Natal.

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Does the minister have the power to sack Hawks chief?

Posted 19 January 2015

Was there political interference in the suspension of Hawks chief Anwa Dramat? More importantly, was the suspension lawful in terms of the SA Police Services Act, parts of which were deleted by teh Constitutional Court late last year. The court will deecide on the matter this week.

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Shuttleworth donates R250 million court winnings to help fight court battles against the State

Posted 03 October 2014

The Supreme Court of Appeal has orderered Treasury to repay South Arican billionaire Mark Shuttleworth the R250 million in "levies" it charged him as he attempted to expatriate his funds. This is now headed for the Constitutional Court. 

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Concourt to rule on eviction of pensioner

Posted 18 September 2014

The Constitutional Court will rule this week on whether a pensioner from the Cape should be given leave to appeal against her eviction, according to Sapa.

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Constitutional Court orders transfer of property to woman who paid more than half the purchase price

Posted 10 June 2014

The Constitutional Court has ruled in favour of a woman who was to be evicted from her property after falling behind on her payments. The Court ruled that in terms of the Alienation of Land Act, she was entitled to have the property transferred into her name as she had paid more than half the purchase price.

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ConCourt dismisses challenge against Organised Crime Act

Posted 23 March 2014

What is a "pattern of racketeering" as defined in the Prevention of Organised Crime Act? That was what the Constitutional Court deliberated on recently in a case dubbed the "Amigos" trial. The Court dismissed the case which, incidentally, means racketeering charges against Julius Malema still stand.

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E-toll war just getting started

Posted 24 November 2013

The e-toll war got a whole lot bloodier this week with news that several court challenges are being launched to test the constitutionality of government's decision to introduce e-tolls from December. Not since the death of apartheid in 1994 has government faced this kind of opposition.

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Mass civil disobedience over e-tolls could sink the ship

Posted 16 October 2013

Despite the recent Supreme Court of Appeal victory for government over its plans to introduce e-tolls, the matter seems likely to go before the Constitutional Court. If this fails, mass civil disobedience will sink this ship, writes Ciaran Ryan 

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South Africa: Legalised Plunder and the Land of Wrongs

Posted 08 August 2013

Attorney SA Watson, an associate of the Ludwig Von Mises Institute SA, thinks South Africa is on a dangerous path. The Constitution, far from protecting us, turns “rights” into obligations and uses emotions and race to re-engineer society. 

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Zuma is damaged by rushing to endorse Zimbabwe election

Posted 07 August 2013

SA must guard against the Zanufication of SA politics, writes Mamphela Ramphele. President Zuma's rush to endorse the disputed election in Zimbabwe, which saw Robert Mugabe's Zanu PF claim 61% of the vote, is a worrying sign of the general disregard for constitutional democracy that has taken root at home.

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Shuttleworth loses court bid but scores points with judge

Posted 19 July 2013

Billionaire Mark Shuttleworth lost in his court bid to overturn exchange controls, but he did pave the way for future challenges against clauses the judge deemed unconstitutional.

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The rule of law is senior to the Bill of Rights

Posted 26 June 2013

The rule of law is senior to the Constitution's Bill of Rights, says Free Market Foundation's Leon Louw, and is the pillar on which civilisation rests.

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Shuttleworth's fight is one we should all support

Posted 14 June 2013

Mark Shuttleworth's Constitutional Court action to overturn exchange control is a fight we should all support, writes Chris Becker of the Mises Institute South Africa.

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