Our Blog
The impeachment of Judge Hlophe and Judge Motata: A win for democracy and accountability
In this week’s post, Lindo Hadebe discusses the impeachment cases of two prominent South African judges. He observes that the impeachment signifies a pivotal moment in South Africa’s democracy. Thus, by addressing misconduct within the judiciary, South Africa took a significant step toward reinforcing the principles of democracy, transparency, and the rule of law. Despite the challenges inherent in the impeachment process, marked by prolonged legal battles, the impeachment reaffirmed the state’s commitment to upholding democratic values and preserving public trust in the judiciary’s integrity
Reflections on the possible implications of using the term ‘illegal foreigner’ or ‘illegal immigrant’ in South Africa’s immigration policies.
It was Sharma Robin who said words can inspire, and words can destroy, choose your words carefully. The power of words within our communities and legal spaces can never be understated. In this article, Felicity critically analyzes the use of the word ‘illegal foreigner’ within the South African legislative framework. She argues that the term holds a criminal undertone that can fuel stigmatisation, discrimination, and ultimately results in the violation of people’s human rights. Felicity advocates for the amendment of the Immigration Act .
The Zimbabwean Exemption Permit and the Boundaries of Citizenship
In this week’s post, Dr. Hobden tackles an ongoing situation on Zimbabwean Exemption Permits (ZEP). The ZEP is a special permit allocated to undocumented Zimbabwean migrants to legalize their stay in South Africa. In a way, she is persuaded that the ZEP is revelatory of the boundaries of citizenship in South Africa. She argues that the ZEP issue demonstrates SA’s overtly rigid stance towards access to citizenship within the Republic.
“It’s cool to be a 21st-century artisan”
For a number of years it has been observed that South Africa needs more people to study at vocational schools, including Technical and Vocational Education and Training (TVET) colleges. There has also been a steady increase in the number of learners qualifying for university admission, yet universities are unable to house them all. Thandeka Nokwanda Khoza argues that there is a need to close the gap in the market by destigmatising vocational training so that more learners apply to and attend TVET colleges.
The Termination of the Zimbabwean Exemption Permit: A Direct Violation of the Principle of Non-refoulment?
Last year, the South African Minister of Home Affairs, Dr. Aaron Motswaledi announced the termination of the Zimbabwean Special Permits (ZEPs) set to expire at the end of 2021. Thato Gaffane argues that this decision is a violation of the international principle of non-refoulment and also, fatally flawed in as far as it lacks consideration for section 33 of the Constitution of the Republic of South Africa.
Rafoneke v Minister of Justice: What about Intersectionality?
In Rafoneke v Minister of Justice and Correctional Services (Rafoneke), the SA Constitutional Court had to consider whether section 24 (2)(b) read with section 115 of the Legal Practice Act 28 of 2014 (LPA) unfairly discriminated against foreign nationals on the basis of citizenship and social origin. Geoffrey Allsop and Ohene Yaw Ampofo-Anti argue that the court did not apply the principle of intersectionality correctly in its finding that these provisions are constitutional.
“Last year’s words”: South Africa’s Response to Climate Change is Outdated
Despite being lauded for having one of the most progressive constitutions in the world, South Africa's climate policies and legislation are arguably retrogressive. This is clear in their central concern for a brand of development that is premised on the historical development trajectories of the Global North. Camilla Hyslop argues that it is time to write an African response to climate change, which is progressive, decolonial and inherently inclusive.
The Shell Case: A Victory for Social and Ecological Justice in South Africa
In this post, Louise du Toit examines the South African High Court’s judgement in Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others. It is argued that the judgement highlights the importance of civil society activism and the crucial role of the judiciary in upholding constitutionally protected social and environmental rights.
South Africa, the Rainbow Nation that only loves certain colours of the Rainbow?
The post-apartheid era has seen the golden age of transformative laws and policies, providing rights and legal entitlements for the previously disadvantaged within South Africa. However, in as much as South Africa has celebrated over 28 years of democracy, that democracy can rightly be argued to exclude non-South Africans. Do we intend to equally provide basic rights to all persons within our borders or is South Africa a rainbow nation that only loves certain colours of the rainbow?
Mandatory Vaccination against Covid-19: Implications for the South African Workplace
Covid-19’s potentially devastating impact motivated unrivalled global efforts to develop vaccines, which the World Health Organization (WHO) identified as the most effective protection against the disease. Although largely viewed positively, there has been notable mistrust and hesitancy due to concerns about health-related risks associated with Covid-19 vaccines. This has raised questions in the employment context as some employers have quickly moved towards making vaccines mandatory.
The Urgency of Procurement Reform after State Capture in South Africa
Even a cursory reading of the published parts of the report of the Zondo Commission leaves no doubt that public procurement was at the heart of state capture in South Africa.
A Republic We Should Keep
In the 25 years since the South African Constitution was signed into law, what progress have we made — and what will it take to attain the constitutional vision of a free, equal and dignified life for all?
- African Commission
- BBI judgment
- Children's rights
- Climate Change
- Constitutional Law
- Constitutional reform
- Covid-19
- Democracy
- Election series
- Environmental Justice
- Human Rights
- International Law
- Judicial independence
- Kenya
- LGBTQ+ Rights
- Migrants
- Migration
- Nigeria
- Public participation
- Refugee and migration series
- Refugees
- South Africa
- South African Constitution
- state capture
- transformative constitutionalism
- Unfair discrimination
- Women in Africa
- Women's Month
- Women's rights
- World Congress
Submissions
We welcome unsolicited submissions covering current legal developments in constitutional law, fundamental rights law, public law, international law and related fields.