South Africa’s Constitutional Court stands out as one of the few government institutions that have protected and advanced the constitutional vision of a participatory democracy and social justice. Many other government institutions which ought to have allied themselves with the court have been weakened or have failed to deliver. The court has consistently championed one of the fundamental values to be found in section 1 of the constitution, 1996. This requires that the exercise of public power be accountable, responsive and open. Despite this, but also because of it, the court faces challenges ..read more

South Africa’s foreign minister, Naledi Pandor, said the country’s citizens fighting for the Israel Defence Forces in Gaza faced prosecution upon their return. This statement followed tension between South Africa and Israel amid the “humanitarian catastrophe” resulting from Israel’s war against Hamas in Gaza. There is a history of South African citizens of Jewish descent fighting for Israel, but the number fighting for Israel in the current war on Gaza is unknown. The Conversation Africa asked Michelle Nel, an expert in international law and military law, for her legal insights. Which South Af ..read more

Former Western Cape judge president John Mandlakayise Hlophe has become one of the first two members of South Africa’s judiciary to be impeached since the country became a constitutional democracy in 1994. A vote in parliament in late February 2024 stripped him of his title and barred him from accessing his retirement package. Judges can earn as much as R2 million (over US$100,000) a year in retirement. Narnia Bohler-Muller, a constitutional law expert, answers some questions about the impeachment. What were the high and low moments of his career? Hlophe was the first black judge appointed to ..read more

South Africa’s Constitutional Court has fundamentally changed the country’s marriage law, making it fairer to people who are married “out of community of property” when their marriages end. In these marriages, the estates of spouses are kept separate. They do not combine what they own into a joint estate. The change applies to people who got married after 1 November 1984 when their marriages end in divorce; or who got married before or after 1 November 1984 and whose marriages end in death. The apex court’s judgment of 10 October 2023, in the case of EB v ER, will benefit spouses, mainly wives ..read more

In 1994, South Africa became a democracy founded on a supreme constitution. The constitution’s preamble affirms the nation’s quest to establish a society based on democratic values, social justice and fundamental human rights. The constitution clearly envisioned political accountability and judicial review of executive and legislative actions. But, almost three decades on, this vision is increasingly under virulent criticism by populist politicians. Dan Mafora’s new book, Capture in the Court – In Defence of Judges and the Constitution, likens the rising rebellion against judges and the cons ..read more

In a ringing judgment for the right to privacy, the South African Constitutional Court declared sections of the country’s main communication surveillance law unconstitutional in February 2021. The court gave parliament three years to pass a new law remedying the areas of unconstitutionality. The February 2024 deadline for these amendments is looming fast. The Regulation of Interception of Communication and Provision of Communication Related Information Act (Rica) was intended in part to protect privacy, combat crime and promote national security. It requires all cellphone sim cards in the coun ..read more

During apartheid, black South Africans could not own land – and therefore their homes – in what were classified as “white” cities. In racially segregated townships, living in “family houses” and passing them on depended officially on a range of permits. These were usually to rent from state authorities, but in some cases confusingly to build or buy a house without owning the plot underneath it, which was owned by the state. A crucial measure in undoing apartheid was transferring ownership of township houses to their long-term residents. In 1986, a few years before apartheid’s end, the law chan ..read more

Whistleblowing is an important tool in fighting corruption. In South Africa, the commission of inquiry into state capture recommended that the government should provide financial rewards for whistleblowers who report corruption. The issue was in the headlines again following the sentencing of six men for the 2021 murder of prominent whistleblower Babita Deokaran. The Department of Justice and Constitutional Development invited public comments on a discussion paper on proposed reforms for whistleblower protection. It proposes that whistleblowers should be given legal assistance and that a fund ..read more

The suspension of two judges in South Africa for tardiness – failing to process cases in a reasonable amount of time – has sparked fierce debates around the conditions under which judges work. There are implications for the administration of justice in a young democracy. The decision to suspend the judges caught the attention of the media because both were involved in high profile murder cases. Both cited ill-health and personal problems as a reason for their tardiness. The decision to suspend them was not unanimous, according to media reports. Two judges on the Judicial Service Commission pan ..read more

Former South African president Jacob Zuma in court over corruption charges in 2018. Nic Botha/Pool/AFP via Getty Images The Constitutional Court order relating to a case involving former President Jacob Zuma has illuminated some of the flaws in the law governing medical parole in South Africa. This is despite amendments in 2012 to ensure equality before the law, uphold offenders’ rights to dignity and healthcare when they suffer from serious physical health problems. Zuma’s case has cast doubts upon the efficacy of the law in achieving these objectives. In short, his parole tested the buoyancy ..read more