Lexis Nexis
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The lockdown is unconstitutional! The North Gauteng High Court’s decision in De Beer and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020) -
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. -
A critical analysis of the Judgment in De Beer and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020) [2020] ZAGPPHC 184 (2 June 2020) with regard to the constitutional validity of both the  declaration of a state of national disaster and the regulations pursuant thereto. -
Jason Manyenyeni argues that the learned Judge erred in some principal and crucial respects in the case of De Beer and Another v Minister of Cooperative Governance and Traditional Affairs. A view which he contends is consistent with most of the views expressed by early commentators, and that the judgment is unlikely to pass the scrutiny of an appeal court. -
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. -
Does the vaccination proof-requirement amount to unfair discrimination against people who are not vaccinated? The answer is quite simply ‘NO’. As we discuss here. -
This analysis of the Regulations under which citizens in some instances, can be compelled to be quarantined as distinct from being isolated, is explained. -
While lawyers continue to provide advice, consulting and commercial services, the directives issued in terms of the Disaster Management Act will have a profound effect on some litigious matters and the way matters are handled in court, as they will restrict and limit access to courts and judicial functions. -
The effect of a national disaster on human rights - The effect of the state of national disaster is to limit certain rights of all persons within the borders of South Africa as long as the limitation is justifiable in terms of the Constitution. It is therefore necessary to limit certain rights, e.g. the right to freedom of movement and residence to protect all persons. This amounts to a very careful balancing act in order to determine which rights should be limited for the greater good.