Why State Institutions Must Uphold Due Process, Regardless of Political Affiliation or Status
Browsing: Constitutional
South Africa’s highest court has ruled that husbands can take the surname of their wives, overturning a law that barred them from doing so
The key issue in the underlying dispute was whether the termination of a service level agreement (SLA) concluded between the King Cetshwayo District Municipality (Municipality) and Water and Sanitation Services of South Africa (Pty) Ltd (WSSA) for the provision of bulk water services to the Municipality’s residents triggered the application of section 197 of the…
The ruling reinforces the transformative purpose of the Recognition of Customary Marriages Act 120 of 1998 (RCMA), which seeks to remedy the historical marginalisation of customary law and place it on equal footing with civil law
Where it concerns issues relating to the protection of asylum seekers and refugees, the South African Constitution and international law (which includes customary international law) unequivocally promote, protect, and uphold the principle of non-refoulment(the prohibition against returning refugees to countries where they will face persecution or serious human rights violations) enshrined in article 33 of…
In early 2020, Industrial Oleo Chemical Products embarked on a large scale retrenchment exercise on operational grounds, which resulted in the dismissal of the individual applicants (“employees”) in July 2020. The employees, represented by NUMSA, first approached the Labour Court on an urgent basis under section 189A(13), alleging that the employer had pre-determined who would…
Opposition figures fear changes will further tighten 83-year-old president Emmerson Mnangagwa’s hold on power