The prospects of legal challenges to the 2021 local government elections
This brief considers the prospects of a successful legal challenge to the 2021 local government elections. It does so by drawing insights from the Constitutional Court’s recent judgment dismissing an application for the postponement of the elections.
The Forthcoming Municipal Elections - Against The Background Of Local Government Disorder
The current state of local government in South Africa is in a dire state and communities and local businesses are bearing the brunt of failing service delivery and accountability. These individuals have tried different avenues to enforce the constitutional obligations of their municipalities with little to no success encountered at each turn. With the municipal elections now before us, this brief concludes that voting is the best tool that South Africans have in holding their administrations to account.
Beyond CR17 - Problems With The Executive Members’ Ethics Act And The Executive Ethics Code
This is the last in a three-brief series. The first brief dealt with the relationship between donations towards campaigns within political parties and the Executive Ethics Code. The second brief discussed the reasons for disclosure of these donations. This brief considers problems with the Executive Members’ Ethics Act and the Executive Ethics Code.
What CR17 Teaches Us - The Need To Know Who Donates To Politicians’ Internal Party Campaigns
This is the second in a three-brief series. The first brief dealt with the relationship between donations towards campaigns within political parties and the Executive Ethics Code. This brief will discuss the reasons for disclosure of these donations. The third will consider problems with the Executive Members’ Ethics Act and the Executive Ethics Code.
Laying The Groundwork - CR17 And The Challenge To The Executive Ethics Code
This is the first in a three-brief series and it deals with the relationship between donations towards campaigns within political parties and the Executive Ethics Code. The second brief will discuss the reasons the disclosure of these donations is essential and the third will consider problems with the Executive Members’ Ethics Act and the Executive Ethics Code.
What is a fair trial according to the European Court on Human Rights?
This brief discusses the right to fair trial in light of the contemporary debate on the definition of a ‘trial’. It considers the matter from an international perspective, particularly in terms of the European Convention on Human Rights (ECHR) as interpreted by the European Court on Human Rights. Fair trial rights are divided into civil and criminal. The brief argues that the right to a fair trial requires a competent tribunal to adjudicate a matter with fairness and natural justice.
Economic growth is a prerequisite for black empowerment - why is Government getting it so wrong in the mining sector?
This brief highlights the wider economic implications of Government’s action in attempting to implement empowerment rules without the relevant industry’s agreement, with particular reference to the mining industry.
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 considered the process of Constitutional Court appointments. With a focus on the Judicial Service Commission interviews held in April and October 2021.