South Africa needs a way to incorporate active citizens within the prevailing constitutional and legal structures, so as to strengthen all levels of government.
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Articles on South African law
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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.
The country’s Constitution, as well as several court rulings, offer clear guidelines for how children’s best interests should be managed and prioritised.
His appearance on behalf of the families of mine workers shot by the police at the Marikana Commission of Inquiry was just one of his efforts to seek justice for the poor and marginalised.
Given their ability to accept correction, children have a better claim to rehabilitation, reorientation and reintegration.
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 judgment creates a new layer of uncertainty in an already highly fluid situation and heaps further unwelcome pressure onto government.
The court says people need to be able to trust the government to abide by the rule of law, make rational regulations, and not intrude on the rights of those subject to the law.
For the first time since the end of apartheid in 1994, citizens have had to accept stringent restrictions on their normal civil liberties.
Top contributors
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Emeritus Associate Professor in Public Law, University of Cape Town
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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 Law, New York Law School
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Postdoctoral fellow, University of Cape Town
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Professor of Legal Pluralism, Religious Family Laws, and Human Rights, University of Cape Town
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Professor of Sociology, University of the Witwatersrand
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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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Professor in Political Science, University of South Africa
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Associate Professor, Sociology, University of Fort Hare
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Executive Dean and Full Professor, Faculty of Management and Law, University of Limpopo
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Professor of Digital Society, University of Glasgow
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Assistant Professor, School for Global Inclusion and Social Development, UMass Boston
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Professor of Political Studies, University of Johannesburg
