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Abuse of law under the rule of law
South Africa is a state based on the rule of law. What does it mean for the law to be abused in such a state?
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The Traditional Courts Bill: Are they getting it right?
This brief discusses the recently published Traditional Courts Bill. Earlier versions of this Bill were introduced in 2008 and 2012, but were withdrawn ...
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Will the Constitutional Court Rule in Favour of a Secret Ballot?
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A Progressive Judiciary
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Judicial Overreach
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Judicial overreach: a purely South African phenomenon?
Much has been said recently in South Africa on whether courts were interfering in the realm of the executive. This brief by Anton van Dalsen shows that this ...
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The secret ballot judgment: A power to be exercised and seasoned with rationality
This brief looks at the relevance of rationality in the Speaker’s determination of the procedure to be followed in a vote of no confidence, as set out by the ...
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The Constitutional Justice Report: Judging The Judges? Part I - Context And Main Findings
This is the first part in a two-part brief concerning the “Assessment of the Impact of Decisions in the Constitutional Court and Supreme Court of Appeal on the ...
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China’s Loans to South Africa - Brief IV
This is the fourth brief in a series of five that takes a look at South Africa’s recent loans from China; it is a summary of the lessons learned from the ...
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Legal Costs Orders - An Underused Tool For Accountability - Part II: The Present And Future
This brief - Part II in a two-part series - examines ongoing litigation where high-ranking public officials face the prospect of being ordered to pay legal ...
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