In Electoral Commission of South Africa v Democratic Alliance and Others [2021] 4 All SA 52 (SCA), the Electoral Commission’s power to adjudicate disputes is limited to the administrative mechanics of an election, and as such must act within the powers lawfully conferred on it.

A comprehensive analysis by Professor Hennie Klopper of the problem of medical negligence claims in the public sector, and a discussion of proposed solutions to address the issue. It is one which has rapidly escalated to crisis proportions and needs to be addressed.

In the fourth of a six-part series showcasing champions of the rule of law in Africa, Khrushchev Ekwueme of Olaniwun Ajayi LP talks to Craig Sisterson about lawyers’ roles in supporting the court system.

The South African Human Rights Commission has begun its national investigative hearing into the July unrest in Gauteng and KwaZulu-Natal.

In the third of a six-part series showcasing champions of the rule of law in Africa, Karim Anjarwalla of ALN talks to Craig Sisterson.

In this second of a six-part series showcasing champions of the rule of law in Africa, Vlad Movshovich of Webber Wentzel talks to Craig Sisterson about the ability of the rule of law to withstand threats.

In this third of a six-part series showcasing champions of the rule of law in Africa, Karim Anjarwalla, Managing Partner of ALN Kenya | Anjarwalla & Khanna (A&K), talks to Craig Sisterson about the unsung heroes in everyday life who uphold and strengthen the rule of law.

In the first of a six-part series, Abidjan-based Jamal Fofana of Asafo & Co. in Côte d'Ivoire talks to Craig Sisterson about educating people on the rule of law concept and thus making an impact on society.

In the second of a six-part series showcasing champions of the rule of law in Africa, Vlad Movshovich of Webber Wentzel talks to Craig Sisterson.

In the first of a six-part series showcasing champions of the rule of law in Africa, Jamal Fofana of Asafo & Co. in Côte d'Ivoire talks to Craig Sisterson about educating people on the rule of law concept and thus making an impact on society.

Suggestions that neighbourhood watch forums need to be more closely regulated need to take into account their constitutional right to both exist and to protect themselves and their property. 

Does the vaccination proof-requirement amount to unfair discrimination against people who have elected not to be vaccinated? The answer to this question is quite simply ‘NO’.  

In Sithole and Another v Sithole and Another 2021 (6) BCLR 597 (CC), the Constitutional Court confirmed an order declaring s 21(2)(a) of the Matrimonial Property Act unconstitutional and invalid. Henceforth, all marriages which in terms of the Black Administration Act were automatically out of community of property are now marriages in community of property.

In African Transformation Movement v Speaker of the National Assembly and Others [2021] 2 All SA 757 (WCC), in a vote of no confidence against the President, decision whether to vote by open or secret ballot lay with the Speaker. The courts can only interfere if the Speaker did not apply her mind to her decision.

Effective rule of law reduces corruption, combats poverty and disease, and protects people from injustices large and small. It is the foundation for communities of justice, opportunity, and peace - underpinning development, accountable government, and respect for fundamental rights.

The criminal justice system and crime prevention strategies must take note of the contribution that the sociology of law can make in developing a “humane” criminal justice system to effectively contribute towards crime prevention.

The answer to whether employers can force their employees to get vaccinated against Covid-19 involves weighing up individual constitutional rights against those of the public interest, consent, and in the absence of specific legislation, to inform them of the benefits.

In Ndlovu and Others v S [2021] 1 All SA 538 (ECG) whether the trial court, acting in terms of s 35(5) of the Constitution, correctly allowed physical evidence found as a result of the unlawful search of a premises to become part of the evidential material placed before it by the state.

Baloyi v Public Protector and Others 2021 (2) BCLR 101 (CC) Whether, in terms of the Labour Relations Act 66 of 1995 (the LRA), the High Court and LC enjoyed concurrent jurisdiction over an alleged unlawful termination of a fixed-term contract of employment.

A discussion of a recent Labour Appeal Court judgment which finally explains exactly what an order of “reinstatement with retrospective effect” actually means, and what applicants need to do in the event that a respondent refuses to comply with such an order.