Browsing: Constitutional rights

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.

South Africa’s Constitution guarantees equality before the law, but Galaletsang Lelaka argues that meaningful access to justice still too often depends on financial means.

Dr Lefatshe Moagi argues that South Africa should carefully consider the economic consequences of forcing undocumented immigrants to leave while balancing constitutional values, regional history and the rule of law.

Restraint of trade agreements remain enforceable in South Africa, but only where employers can prove a legitimate business interest. Ann-Suhet Marx explores how the courts balance contractual freedom, competition and employees’ constitutional right to work in the digital age.

Undocumented foreigners arrested for deportation must now appear before court within 48 hours as South Africa tightens immigration detention procedures under a new law.

Pretoria judge declares unconstitutional the law forcing attorneys to wait three years before appearing in higher courts.

A Western Cape High Court ruling has found that a UCT parking lot became a legally protected home for vulnerable occupiers facing homelessness, blocking their eviction outside PIE.

Police failed to inform Makofane William Mohlala of his right to apply for bail and never considered his release, leading the Supreme Court of Appeal to find his 48 hour detention unlawful and award R80 000 in damages.

Farm occupiers win court order restoring water schooling and housing after Land Court finds ongoing violations of dignity and basic rights.

In this legal explainer, Khomotso Makapane unpacks how sexual harassment under South African law is regulated through constitutional protections, workplace legislation, criminal statutes and judicial disciplinary processes.