South Africa has many problems. But, as Jacob Zuma has found out, the strength of its rule of law and the independence of its judiciary should not be underestimated.
Articles on South African constitution
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The judgment highlights the lack of interest by successive government ministers in curtailing the self-interested actions of rural elites.
Denying people the right to opt out of the traditional court system conflicts with the notion of customary law as a voluntary and consensual system of law.
Instead of being a democratic right and legitimate form of expression, protests have increasingly been framed as threats to national security.
The country still has a way to go in addressing the challenges of social inequity. But there has been some progress in every sphere of government.
Kimi Makwetu embodied the values of integrity, selflessness, humility and hard work. He steadfastly believed in the South African constitution.
The proposed new law has a long history. The country has been trying for almost 12 years now to come up with expropriation legislation that is in line with the constitution.
A realignment is needed as the current systems have lost the competence to midwife a new nation out of the formative experiences of the last 25 years.
Clashes between mining companies and communities are often about the age-old question of whether mining, with its adverse impacts, can benefit the many or only a selected few.
South African neighbour law also requires property owners to tolerate a degree of nuisance from their neighbours.
While restrictions on civil and political liberties may be necessary to protect lives, human rights law requires that they go no further than what’s strictly necessary to achieve this goal.
Mandela left at the right time in 1999, when the country still seemed in a healthy state, after which he consolidated his international reputation.
To afford sufficient protection to marginalised people in society - such as women in minority religious communities - the state must recognise and regulate religious marriages in a nuanced way.
South Africa’s Constitutional Court verdict is possibly a defining moment for South Africa’s electoral system.
The South African National Defence Force has suffered from terrible neglect over the past 25 years of democracy.
Refugee legislation introduced after the end of apartheid was lauded as being progressive. But implementation has fallen short of international standards.
The precedent-setting ruling may cause jitters in dysfunctional municipalities around the country.
Objections raised about the school syllabus by parents, schools and civil society point to a bigger problem with the state.
South Africa’s parliamentary system would make it difficult to achieve a fusion of parties.
Using the military continuously in internal roles for which it is not structured, funded or trained simply speeds up its decline.
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