In this week’s post, Sandra Liebenberg unpacks her recent CCR article, which examines how the interpretation and adjudication of socio-economic rights can advance reparative justice in response to the deep patterns of socio-economic disadvantage and inequality produced by historical injustices such as colonialism and apartheid.

In this week’s post, Leo Boonzaier and Nurina Ally provide an update to their 2022 study, which found that the Constitutional Court of South Africa suffered from serious efficiency problems. The full results will soon be published in Volume 15 of the Constitutional Court Review. As their analysis shows, the overall picture remains troubling: the Court has not resolved its efficiency challenges and, in important respects, these have worsened.

Watch ALM's Ropafadzo Maphosa in conversation with the authors of Behind Prison Walls: Unlocking a Safer South Africa, Judge Edwin Cameron, Rebecca Gore, and Sohela Surajpal. Drawing on their firsthand encounters within the carceral system, the authors reflect on how these experiences informed their motivations for writing the book and the critical insights it offers into incarceration, justice, and the urgent need for prison reform.

In this post, Dunia P. Zongwe reflects on 35 years of Namibia’s Constitution. He looks back at its achievements and challenges, and then turns to the future—imagining a shift from the current liberal Bill of Rights towards a decolonial Bill of Rights and vision of constitutionalism grounded in Ubuntu.

In this post, Lawrence Dlamini reflects on 30 years of Constitutional Court jurisprudence, with a particular focus on administrative justice. He argues that the Court has worked to ground the right to administrative justice in a more coherent and principled legal framework, as required by the Constitution since the enactment of the Promotion of Administrative Justice Act (PAJA).

This video is the fourth in a series of interviews that we conducted with members of the South African judiciary to commemorate 30 years of democracy in South Africa. In this episode, Judge Margie Victor reflects on the successes and challenges of the Constitution in protecting human rights and the impact of landmark cases on the country’s democratic development.

In this episode, Justice Majiedt reflects on the how the judiciary has worked to safeguard democratic values and uphold the rule of law in a changing social and political landscape. Drawing on landmark cases such as Grootboom and August v Electoral Commission, Justice Majiedt explores how the Constitutional Court’s jurisprudence has adapted to meet emerging socio-economic and political challenges. The conversation also highlights some of the most influential decisions that have shaped the trajectory of democracy and the protection of human rights in post-apartheid South Africa.

This video is the second in a series of interviews that we conducted with members of the South African Judiciary to commemorate 30 years of democracy in South Africa. This interview explored the evolving role of South Africa’s Constitution in protecting democracy and human rights over the past three decades. It also covered the successes and shortcomings of the constitutional framework, the impact of landmark court decisions, and the delicate balance the Court must maintain between respecting the separation of powers and ensuring government accountability.

This video is part of a series of interviews that we conducted with members of the South African Judiciary to commemorate 30 years of democracy in South Africa. In this episode, Justice Cameron reflects on the development of South Africa’s constitutional democracy since the Constitutional Court’s first judgment in 1995.

Introducing ALM’s new exclusive interview series reflecting on 30 years of the Constitutional Court. Each week, we sit down with justices to discuss the Court’s evolving role and the future of constitutional democracy. Stay tuned for insights from Justice Cameron, Justice Majiedt, Justice Theron, and former Acting Justice Margie Victor.

In this post, Marthinus van Staden and Michele van Eck highlight a significant oversight in South Africa’s labour law framework, which allows employers to unilaterally alter working conditions without employees' explicit consent. This gap disproportionately affects vulnerable groups, who struggle to navigate contracts laden with complex legal jargon. The authors advocate for labour law reforms mandating written employment contracts and the use of plain language in all employment-related documentation.

In this post, Ester Stefanelli provides a detailed account of Mozambique's recent elections as well as the events that led to subsequent protests and disputes over the results. She argues that the Mozambican crisis underscores the limitations of formal elections, which can reflect incomplete constitutional transitions and may even hinder the process of democratic consolidation.

Drawing on her publication in CCR XIV, Prof. Fatima Osman examines the South African Constitutional Court's decision to depart from the precedent set in Volks v Robinson, where the court held that unmarried partners who chose not to marry could not claim maintenance under the Maintenance of Surviving Spouses Act (MSSA). In Bwanya, the court declared provisions of the Intestate Succession Act (ISA) and MSSA unconstitutional insofar as they excluded life partners who had undertaken reciprocal duties of support.

In this post, Nicholas Maple examines the complexities of refugee reception in Southern Africa. Using Zambia as a case study, he highlights how the historical 1970 Refugee (Control) Act continues to influence contemporary policies, despite the adoption of the more progressive 2017 Refugee Act. Maple emphasises the importance of localised approaches and the need to move away from restrictive encampment policies to integrate refugees into urban spaces and uphold their freedom of movement.

In this article, Nico Steytler discusses the implications of South Africa's 2024 elections, which saw the ANC lose its parliamentary majority for the first time in 30 years and the formation of a Government of National Unity (GNU). Steytler examines whether this shift will strengthen democracy and federalism or deepen existing divisions, as the nation grapples with entrenched inequality and the challenges of collaborative governance.