South African legislators are steadily moulding indigenous laws into the image of western laws.
Articles on South African constitution
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There is no such thing as ‘private’ religion. Beliefs have public implications. Yet, they cannot go unchecked when they cause harm.
Referenda may well have a place in the country’s democracy, but if the form of an electoral system can be referred to a referendum, why not capital punishment, abortion or LGBT rights?
It is important to embrace all the nation’s languages in a multilingual and multicultural society. This will ensure they are used, developed and mainstreamed.
The decision further delays migration to digital broadcasting and places strain on the urgently needed bandwidth for mobile data.
People make decisions throughout their lives about their health. But when they are terminally ill they are not allowed to decide when they want to die.
The students who marched on 16 June 1976 did more than simply register a political opinion.
The whole idea behind independent candidates is the hope that their inclusion might improve the accountability of parliamentarians to the voters. The bill doesn’t do that.
Zondo’s career is made up of a tapestry of highlights, from lawyer to senior judge. He has written more than 200 judgments.
When judges, legislators, and policymakers neglect the foundational dynamics of indigenous customs, they worsen conflict between indigenous laws and state laws.
The death of Anglican Archbishop Desmond Tutu in 2021 has triggered renewed frustrations over the elusiveness of a “new” South Africa.
The egregious failures in the Judicial Service Commission’s process have muddied the water and complicated the President’s decision-making.
Most adults were prepared to sacrifice their rights to ensure the safety and health of all during the pandemic, averaging 74%.
A strong, courageous and dedicated Chief Justice will provide the leadership desperately needed to turn the administration of justice around.
It is becoming increasingly clear that South Africa’s policymakers can no longer ignore the country’s obligations in terms of international, regional and national human rights law.
The right to free and fair elections may be undermined if political parties cannot campaign due to COVID-19 restrictions by the state.
The ANC’s choice of parliamentary Speaker reflects poorly on the party leadership and contrasts starkly with President Cyril Ramaphosa’s commitment to uncorrupt governance.
At its core, the constitution holds a moral vision of people as autonomous moral agents, capable of rationally forming their own opinions.
It’s not convincing to argue that the political parties would not be able to campaign as they have done in the past.
The extent to which presidents adhere to the constitutional written code will have profound implications in relation to their use of executive power.
Top contributors
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Emeritus Associate Professor in Public Law, UCT. Visiting Adjunct Professor, WITS School of Governance; Director, Africa Programme, University of Cambridge Institute for Sustainability Leadership, University of Cambridge
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Professor of Sociology, University of the Witwatersrand
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Professor in Political Science, University of South Africa
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Professor Emeritus of Public Law, University of Cape Town
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Associate Professor, Sociology, University of Fort Hare
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Associate Professor of Law, North-West University
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Professor of African legal pluralism, University of the Western Cape
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Lecturer, Culture and Media department, Birkbeck, University of London
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Distinguished Professor and H F Oppenheimer Chair in Human Rights Law, Stellenbosch University
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Director of the Mandela Institute, Professor of Law, University of the Witwatersrand
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Professor of Political Studies, University of Johannesburg
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Associate Professor in Public Law, University of Cape Town
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Professor of Law, New York Law School
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Associate researcher, University of the Witwatersrand
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Professor of Law, UNSW