The Chief Justice needs to have a single-minded and unyielding commitment to constitutional democracy and constitutional values, including social justice.
Articles on South African law
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If proposed amendments to the law are passed, it will no longer be possible to acquire a firearm licence for self-defence in the country. This has sparked heated debate.
At its core, the constitution holds a moral vision of people as autonomous moral agents, capable of rationally forming their own opinions.
After 1994 efforts were made to embed democracy. The focus was on policy and institution-building. What was missing was ensuring all South Africans were on board.
Jacob Zuma ran out of ideas to defend himself. Martyrdom is almost impossible without a cause, and he has none.
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.
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.
The state capture inquiry shows that South Africa’s parliament needs to urgently end the uncertainty about whether or not shadow directors are governed by the Companies Act.
South Africa needs a way to incorporate active citizens within the prevailing constitutional and legal structures, so as to strengthen all levels of government.
There has been growing discontent with many local authorities and calls by concerned citizens for the municipalities to be dissolved.
The former president is in a corner and largely isolated. His only option is to stir the pot so much that it gives him some kind of bargaining power.
We propose five principles that could guide a proper ethical and legal framework for germline editing and similar technologies.
The Constitutional Court judgment is a huge victory, not only for journalists and lawyers who stand to benefit directly and immediately, but for broader society.
Justice Raymond Zondo found that the test for recusal had not been met.
For every office holder who may lose a seat because they are prosecuted, another job opens up.
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.
The first of a series of fatal flaws in the idea is about where to draw the line.
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.
Claiming a right to determine reality by mere say-so is becoming increasingly commonplace, but we should never get used to it.
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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Associate Professor in Public Law, University of Cape Town
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Professor Emeritus of Public Law, University of Cape Town
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Professor of African legal pluralism, University of the Western Cape
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Professor of Law, New York Law School
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Executive Dean and Full Professor, Faculty of Management and Law, University of Limpopo
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Professor of Sociology, University of the Witwatersrand
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Professor of Digital Society, University of Glasgow
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Associate Professor, Sociology, University of Fort Hare
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Professor of Legal Pluralism, Religious Family Laws, and Human Rights, University of Cape Town
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Senior researcher, University of Cape Town
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Professor in Political Science, University of South Africa
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Professor of Public Affairs, Tshwane University of Technology
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Claude Leon Foundation Chair in Constitutional Governance, University of Cape Town
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Associate Professor of Commercial Law, University of Cape Town