The story of the rise and fall of Busisiwe Mkhwebane is in many ways a curious and sad one. But it is also, looking beyond the individual, a rare good news story in which the responsible institutions more or less did what they were constitutionally required to do.
On Monday, the National Assembly overwhelmingly voted
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New intelligence bill is anti-democratic, and a unique mix of malice and stupidity
President Cyril Ramaphosa and his Cabinet recently approved draft legislation that will radically expand the definition of “national security” and would open the door for the intelligence service to spy on individuals and organisations in South Africa who are involved in lawful political activity, advocacy, protest or dissent. The draft bill – the General Intelligence…
Let’s pray that voting in SA’s 2024 elections doesn’t feel like the triumph of hope over experience
Democracy is about much more than voting in an election every few years. Democracy is about holding accountable those who wield power. It is about making trouble, asking questions, demanding answers, taking part. It requires work and commitment, and the capacity to deal with endless disappointment.
Next year in May or June, I will dutifully…
Remitting Zuma’s jail sentence as part of a general remission was the least worst option by far
Jacob Zuma was saved from more prison time by an anomalous constitutional provision with historical roots in the powers of the British monarch. A closer look at the provision shows why this is not as outrageous or legally problematic as some critics suggest.
In terms of Section 84(2)(j) of the South African Constitution, the president…
National dialogue on coalition governments: why the proposed regulations may not fix the problem
News that the ANC government has quietly been working on draft legislation to stabilise coalition governments in the local sphere has caused some consternation among smaller political parties who attended the “national dialogue” on coalition governments held at the University of the Western Cape over the weekend. It was therefore somewhat surprising that many representatives…
Western Cape devolution Bill: a politically inspired statement of intent that may not change much
Earlier this month the Democratic Alliance (DA) government in the Western Cape tabled a Bill it claims will create a framework for the province to fully assert its existing constitutional and legislative powers and to get more powers delegated to it from national government. While the Bill will probably pass constitutional muster, it is unclear…
Should a way be found to spare Jacob Zuma from jail time? It’s a tough call
The Constitutional Court’s decision not to consider an appeal by the National Commissioner of Correctional Services in Jacob Zuma’s parole matter means that Zuma must now go back to prison to serve the remaining part of his 15-month sentence, subject to his early release on either parole or on any other ground provided for in…
Digging into acting Public Protector’s perplexing lack of curiosity about pivotal Phala Phala facts
Anyone who has read acting Public Protector Kholeka Gcaleka’s entire 249-page report on Phala Phala would be hard-pressed to still believe President Cyril Ramaphosa’s version of how hundreds of thousands of dollars landed up in a couch at his farm.
While acting Public Protector Kholeka Gcaleka’s report into the Phala Phala scandal avoids the kind…
The Motata ruling – Structural and human problems behind failure of JSC to protect integrity of judicial system
The Judicial Service Commission has rightly been criticised in recent years for the atrocious manner in which it sometimes deals with the selection and disciplining of judges. The recent judgment of the Supreme Court of Appeal, invalidating a decision of the commission that the dishonest and bigoted actions of Judge Nkola Motata did not warrant…
Searing Labour Court judgment’s salutary lesson for lawyers bringing hopeless Zuma cases to court
A recent Labour Court judgment comes as a timely warning to legal representatives who assist their wealthy or politically powerful clients to delay or entirely escape legal accountability for their unlawful or criminal actions.
While reading the recent Labour Court judgment in the case of University of South Africa v Socikwa and Others (penned by…