Browsing: Constitutional Law

Attorneys across South Africa will no longer have to use Bloemfontein correspondents to lodge Supreme Court of Appeal documents after a High Court ruling.

Selby Mbenenge, Judicial Service Commission, Parliament, Judicial Conduct Tribunal, High Court

The High Court in Pretoria ruled that the Tshwane Speaker unlawfully excluded 13 council votes, clearing the way for Johann Mettler to return as city manager pending a review.

The High Court in Cape Town has declared key Home Affairs birth registration rules unconstitutional, creating a pathway for abandoned and orphaned adults to register their births while preventing officials from refusing to register children because their parents lack valid immigration documents.

The Judicial Service Commission has advised President Cyril Ramaphosa to suspend Eastern Cape Judge President Selby Mbenenge pending the National Assembly’s decision on whether he should be removed from office.

The High Court in Pretoria left Gauteng’s mandatory mediation directive in place after ruling that the challenge was a legal nullity because it was instituted without the Chief Justice’s consent.

The High Court’s decision to halt Parliament’s Phala Phala impeachment inquiry was not a finding that President Cyril Ramaphosa is innocent. Instead, the majority ruled that serious legal questions about the independent panel’s report must be resolved before public impeachment hearings can proceed, citing the rule of law, constitutional fairness and the risk of irreversible harm.

SCOPA says a sharp decline in RAF claims processing, rising legal costs and governance failures prompted Parliament’s far-reaching inquiry into the Fund.

More South Africans will be able to pursue qualifying civil claims in the Small Claims Court from 1 August after the monetary jurisdiction increases from R20 000 to R30 000, making the simplified court process available to a wider range of disputes.

The High Court in Mthatha ruled that a woman may amend her medical negligence claim to seek R47.5 million after expert reports expanded the damages case.