A Constitutional Court ruling that declined to invalidate legislation prohibiting non-citizens from working as legal practitioners in South Africa is troubling and must raise eyebrows in the context of the country’s xenophobic epidemic. Here’s why.
This week, South Africa’s Constitutional Court declined to invalidate legislation that prohibits non-citizens who are not permanent residents from being
Constitutionally Speaking
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On executive accountability and the direct election of the President
South African voters do not currently have a direct say in the election of the country’s President. Instead, the members of the National Assembly (NA) elect the President after each election or when a vacancy occurs in that office. This has led to calls for a change to the current system to allow for the…
Ramaphosa and the foreign currency theft: on the legal issues and the Fargo problem
Whatever the facts may turn out to be in the case of the theft of foreign currency from Cyril Ramaphosa’s Phala Phala farm, it would be a mistake to view the matter only through a criminal law lens. I would guess that Ramaphosa has just as much (or even more) to fear from the court…
On Theuns du Toit, “spectacular racism”, and slow violence
The recent incident in which Theuns du Toit, a white law student at the University of Stellenbosch, was filmed urinating on the books and a laptop of a black student, was yet another example of the kind of “spectacular racism” regularly featured in media reports in South Africa. While such acts of “spectacular racism” rightly…
Mkhwebane’s Stalingrad approach: We need to talk about integrity in the legal profession
The questionable conduct of some of the lawyers representing Public Protector Busisiwe Mkhwebane, Judge President John Hlophe and former President Jacob Zuma (to name but a few), has elicited harsh criticism and led to calls for our courts to censure the culprits. Sadly, this kind of conduct is just one of the factors contributing to…
ANC and Ramaphosa’s choice on State Capture report findings — self and party or the good of the country?
It is not surprising that the publication of every volume of the report of the Commission of Inquiry into State Capture has invariably been followed by threats to have its findings and recommendations reviewed and set aside by the courts.
While any court review of the Zondo Commission findings and recommendations would be of limited…
On Bullshit: Why I wrongly thought the Public Protector’s complaint against justice Jafta was a hoax
When I first read an SABC News report that Public Protector Busisiwe Mkhwebane had lodged a complaint with the Judicial Service Commission (JSC) against (now retired) Constitutional Court justice Chris Jaftha, I thought it must be a hoax. Surely, I thought, not even the Public Protector is completely shameless. Even though her sizable pension might…
ANC faces storm of power struggles if forced to form a coalition government
What happens if the ANC loses its overall majority in the National Assembly in the 2024 or 2029 national election? If it forms a coalition government with smaller parties, will it force the ANC to govern better, or will it make things even worse? And what happens if the ANC retains control of the National…
Why proposed amendments to SA’s electoral system favour the governing ANC
In June 2020, the Constitutional Court instructed Parliament to amend the electoral system within 24 months to allow independent candidates to stand for election to the National Assembly and provincial legislatures. The judgment was widely welcomed at the time, as many citizens failed to anticipate the extent to which the governing party would exploit the…
On being implicated in the state capture report, and the judicialisation of public morality
In a slightly saner political environment, the various volumes of the report of the Commission of Inquiry into State Capture would have ended the political careers and/or public standing of most of those implicated in fraud, corruption, money laundering, and other dishonest and immoral behaviour by the report. It would also have ended the electoral…