By Kholofelo Maruma and Milda Phaahlane Before the adoption of the Constitution of the Republic of South Africa, 1996, traditional leadership operated with little to no democratic oversight. Traditional authority was inherited along family lines, typically from father to son or uncle to nephew, and leaders exercised control over land, local justice, and communal life […]
By Kholofelo Maruma Introduction Like all things in our earthly life, to wit, the best of all times and the worst of all times, litigation must at some point, come to an end. South African courts adjudicate both civil and criminal claims, thus ensuring the smooth operation of the administration of justice for all South
Sipho Matshie Introduction The Supreme Court of Appeal (SCA) judgment in Oudekraal Estates (Pty) Ltd v City of Cape Town and Others 2004 (6) SA 222 (the Oudekraal case) has had profound influence in South African administrative law. The SCA developed the so-called “Oudekraal Principle” which became a legal principle underpinning judicial review within the
By Sipho Matshie Introduction The fundamental principle that “justice delayed is justice denied” is at the core of the recent directive introducing compulsory mediation in the Gauteng Division. The backlog in civil trials, with matters set down as far as 2031, indicates a dire need for reform. Section 34 of the Constitution of the Republic
By Kholofelo Maruma In the case of Mandel v South African Civil Aviation Authority N.N.O. and Others (1467/2023) [2023] ZAECQBHC 33 (6 June 2023), the High Court of South Africa (Eastern Cape Division, Gqeberha) deliberated on the important issues pertaining to the suspension of a private pilot’s license under the Civil Aviation Act 13 of
Sipho Matshie On 29 January 2025, FlySafair’s flight FA711 enroute from George to Johannesburg had a bizarre circumstance midway through its journey. On a routine domestic flight, its pilot experienced a sudden medical emergency, leaving the aircraft’s command primarily in the hands of the co-pilot. After being in charge of the aircraft, the co-pilot made
Ensuring Safety in the Skies: A Review of the recent FlySafair In-Flight Cockpit Drama Read More »
Sipho Matshie Introduction Lesotho is a country that is completely landlocked by South Africa. These two nations enjoy political, economic and cultural ties. However, there is currently a lacuna between these countries of an agreement that regulates practice within the legal profession. This has been made apparent by the High Court judgment in Molapo v
By Prof Angelo Dube South Africa did prove genocidal intent before the ICJ: A response to Prof Andre Thomashausen A week ago I read with shock an opinion piece written by UNISA Emeritus Professor, Andre Thomashausen, titled ‘SA has failed to prove genocidal intent by Israel in Gaza’, purportedly featured in the Sunday Times on
(31 March 1950—18 December 2020) AN UNRECONSTRUCTED AFRICAN RADICAL By Bernard Martin and Raymond Koen We had the good fortune of producing and editing a festschrift for Lovell in 2016. We thought that the first anniversary of his passing called for a short but new appreciation of his life and work. Our attempt at a novel reading
IN MEMORIAM – LOVELL DEREK FERNANDEZ Read More »
By Prof Angelo Dube South Africa’s Former Chief Justice Mogoeng Mogoeng once decried the unfair performance assessment of public prosecutors by the National Prosecuting Authority (NPA). Speaking during the release of the 2018/19 Annual Report of the South African Judiciary, former CJ Mogoeng criticized the NPA’s approach, which vilified prosecutors for not getting enough convictions in the
The fallacy of pass rates as a measure of employee performance Read More »
