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Media release: Time allowed for public participation on ICC withdrawal inadequate

28 Feb 17
The Department of Justice and Constitutional Development invited public comment on government’s intention to withdraw from the Rome Statute of the International Criminal Court on 14 February 2017, with the deadline for comment set at 8 March 2017.…

Ever expanding governments breed corruption

15 Feb 17
Publius Cornelius Tacitus, who lived during the first century AD, gave this warning: “The more corrupt the state, the more numerous the laws”.…

Three most-overlooked provisions of the Constitution

08 Feb 17   Martin van Staden
The Constitution exists in the abstract to most people. They know there is a document, somewhere, with a list of principles and values which protects them from… something, but what it actually says and how it is set out, is not known to most.…

Liberal intolerance

24 Nov 16   Rex van Schalkwyk
There is an echo of the post Brexit rebellion in the street protests that have occurred throughout the United States following the election of Donald Trump.…

Business Day column: Techno-equality calls for cheaper access not lavish entitlement

24 Nov 16   Leon Louw
Once upon a time, people knew what human rights were. It was beautifully straightforward.…

Health Act does not adhere to the rule of law

02 Nov 16   Martin van Staden
Government’s National Health Insurance (NHI) proposals have dominated the headlines over the past months.…

Business Day column: We have a new mechanism to make better laws – but it is not working

11 Oct 16   Leon Louw
When President Jacob Zuma contracted a pool company to build a fire-pool at his Nkandla mansion, they arrived, pottered around for days, got paid and left.…

The Hawks, the N.P.A. and the rule of law

05 Oct 16   Rex van Schalkwyk
The National Prosecuting Authority (N.P.A.) has a duty, both at common law and under the constitution, to perform its obligations without fear, favour or prejudice.…

Business Day column: We have a new mechanism to make better laws — but it is not working

15 Sep 16   Leon Louw
WHEN President Jacob Zuma contracted a pool company to build a fire-pool at his Nkandla mansion, they arrived, pottered around for days, got paid and left.…

Brexit: EU pays the price for messing with British law and traditions

06 Jul 16   Eustace Davie
Brexit is the consequence of a clash of fundamental legal/philosophical values that are not visible to the casual observer.…

The crucial role of moral authority and governance in corporate, political and economic leadership

29 Jun 16  
Real freedom promotes creativity and innovation, and if there is one thing South Africa needs more than anything today it is innovation in the economy, in politics and in society at large.…

There are no consequences

15 Jun 16   Rex van Schalkwyk
In March 1997, Minister of Justice, Dullah Omar, was an eager participant at a welcoming party at the Cape Town International Airport for the returning fraudster and eminent ANC activist, Alan Boesak.…

Business Day column: Superficial loss and substantial win on LRA

18 May 16   Leon Louw
FOR more South Africans than ever before, every day is a public holiday.…

Labour law challenge court case judgement

05 May 16   FMF
Labour law challenge court case judgement…

Business Day Column: SA courts make popular judgments at the expense of law

03 May 16   Leon Louw
Do you want to live in a country where you are taxed arbitrarily or an official may find you guilty without a fair trial? Do you want to be convicted of murder rather than culpable homicide? You probably do, without knowing it.…

The rule of law and the president

20 Apr 16   Rex van Schalkwyk
On 1 November 2011 in an address to a joint sitting of the National Assembly and the National Council of Provinces, President Zuma expressed his disquiet at the fact that “the courts” appeared to have assumed a role “above” that of the elected repres…