Browsing: Constitutional Law

Residents in Delmas have turned to the High Court after months without water, alleging a clear and ongoing violation of their constitutional right to access sufficient water.

The Constitutional Court will decide whether KwaZulu Natal legislation allowing provincial authorities to remove an Inkosi without decisive involvement of the umndeni wenkosi unlawfully undermines the constitutional protection of customary law and traditional leadership.

The Bhisho High Court set aside contempt proceedings against a Legal Aid lawyer, ruling that speaking isiXhosa in court is not misconduct and cannot justify punishment.

The High Court struck down businessman and ANC senior official Suliman Carrim’s urgent bid to avoid the Madlanga Commission, ruling that his delay was self created and the summons legally binding.

Justice Khampepe refused to step aside from the TRC cases inquiry, finding Zuma and Mbeki failed to prove bias and brought their recusal challenge too late.

The KwaZulu-Natal High Court has set aside the election of the mayor and deputy mayor of the Amajuba District Municipality, ruling that the council meeting descended into chaos, excluded elected councillors, and unlawfully proceeded behind closed doors.

A landowner asks the Constitutional Court to decide whether a settlement order can permanently block environmental challenges, raising urgent questions about access to court, res judicata and constitutional justice.

The Pretoria High Court has interdicted activist Simamkele Xani from repeating allegations that Unisa corruptly awarded Tebogo Letsie an R82 million security tender, after finding the claims false, unlawful and defamatory. The ruling, welcomed by the university, protects Letsie’s dignity and political reputation and delivers a stern warning that activism cannot be used as a shield for unverified and damaging accusations.

Acts of external sovereignty, like extradition requests, relate to foreign and diplomatic relations. When an official or state entity acts on behalf of a state, they must have the authority to bind the state.

The Supreme Court of Appeal has rejected SAHRA’s bid to treat all Mandela-related memorabilia as national heritage, ruling that private property cannot be controlled solely because of its association with Nelson Mandela.