The Public Protector, The Committee And The Courts – What To Do With The Judicial Findings?

This brief explores the constitutional role of the Section 194 Committee tasked with establishing whether Public Protector Adv Busisiwe Mkhwebane has committed ...

New criminal intent in hate speech law: the Prevention and Combating of Hate Crimes and Hate Speech Bill in relation to the CC judgment in Qwelane v SAHRC

This is the third brief on hate speech law and it considers components of the Prevention and Combating of Hate Crimes and Hate Speech Bill (“the Hate Speech ...

The Harm In Qwelane

This is the second brief dealing with the Constitutional Court’s decision in Qwelane v South African Human Rights Commission. This brief considers the issues ...

Hurtful, Harmful, Hateful: Heeding Qwelane

This is the first of three briefs on hate speech law and it sets out the findings in the judgment of teh Constitutional Court in Qwelane v South African Human ...

What Would Edmund Burke Say? Reflections on the Appointment of the Chief Justice

This second of two briefs comments on the procedure adopted by President Ramaphosa to consider the appointment of the new Chief Justice. The first brief ...

Take Two: Appointing the Justices of the Constitutional Court

This first of two briefs will consider the process of Constitutional Court appointments. With a focus on the Judicial Service Commission interviews held in ...

The Judicial Battleground

This brief considers the general state of the judiciary and makes the point that given the current judicial and political climate the selection of the next ...

To postpone, or not to postpone? That is the question.

This brief will consider the pertinent question: What are the issues that the Constitutional Court will have to decide at the hearing of the Electoral ...

The Constitutional Court’s ruling against Jacob Zuma - What should we be thankful for?

This brief considers the ruling of the Constitutional Court against Jacob Zuma. The Constitutional Court has reaffirmed that the rule of law will prevail and ...

Impeachment of the Public Protector

This brief explores the implications of the Independent Panel report and concludes that careful consideration of its findings about the Public Protector is ...