Last week, the Constitutional Court finally handed down judgment in a hate speech case argued before that court almost 2½ years ago. But for those of us who had hoped that the court’s earlier hate speech judgment in the Jon Qwelane matter would provide guidance on what constitutes hate speech and would lead to more
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The dog that didn’t bark: what is missing from the “debate” on the appointment of a new Chief Justice
Predictably, the Judicial Service Commission (JSC) interviews of the four candidates vying for the position of Chief Justice, revealed more about the lack of character, integrity and work-ethic of some of the Commissioners asking the questions, than about the suitability of the candidates being interviewed. A striking aspect of the raging controversy sparked by the…
On the JSC Chief Justice interviews: expecting the worst, while hoping for the best
This week the Judicial Service Commission (JSC) is conducting interviews with the four judges being considered for appointment as Chief Justice of South Africa. Given the political grandstanding, manufactured outrage, and populist sloganeering of some JSC Commissioners at recent rounds of judicial interviews, I am expecting the worst, while hoping for the best. As we…
Why the CCMA upheld the dismissal of an employee who refused to get vaccinated against COVID-19
Last week the CCMA ruled that the dismissal of an employee for refusing to get vaccinated against COVID-19 – despite the employer’s adoption of a vaccine mandate policy requiring vaccination – was substantially fair, and rejected the employee’s request to be either reinstated or fully compensated. While a CCMA award like this one should not…
Lindiwe Sisulu: Why do cabinet ministers who claim to find the actions or policies of the government they serve in intolerable never resign?
Minister Lindiwe Sisulu is not the first South African cabinet minister to continue serving in a government whose policies and actions they claim to abhor. She won’t be the last either. For as long as their supporters ignore the fact that such ministers are collectively responsible for the policies and actions of the government they…
Why is Ramaphosa dragging his feet with Con Court appointments?
The South African Constitution turned 25 last week while the Constitutional Court, which heard its first case in February 1995, is a year older. But 2021 was arguably the court’s most turbulent year, with a marked increase in populist attacks on it. Which makes the inexplicable failure to appoint a new Chief Justice, as well…