In this post, Justin critiques the Constitutional Court’s decision in Damons, which narrowly interpreted the duty of reasonable accommodation under the Employment Equity Act. He argues that the ruling weakens protections for persons with disabilities by limiting accommodation to meeting existing job requirements rather than transforming workplaces for inclusion. Justin advocates for a substantive equality approach, emphasizing that reasonable accommodation should not just integrate disabled employees but also reshape work environments to be more inclusive and accessible.

In this post, Meghan Campbell and Ben Warwick explain how gender inequality isn’t just about differences in status or resources—it’s also about time. The duo, observe that women often experience 'time poverty' due to unpaid domestic work, while legal systems tend to overlook how inequality develops gradually. Through case law, the authors show how rigid timelines can prevent women from accessing justice. They argue that more flexible, time-sensitive legal approaches are needed to address these structural inequalities and promote lasting gender equality.

In this post, Martha Bradley and Marko Svičevič explore how President Cyril Ramaphosa’s statement that South Africa’s military presence in the DRC is “not a declaration of war” raises critical questions under international humanitarian law. They further examine the legal implications of classifying an armed conflict as either an international or non-international armed conflict and the legal implications this holds for the parties involved.

In this blog post, Wandile Brian Zondo argues that the Traditional and Khoi-San Leadership Bill 2024 is constitutionally problematic and continues to threaten informal land rights and rural democracy in South Africa.

In this article, Nico Steytler discusses the implications of South Africa's 2024 elections, which saw the ANC lose its parliamentary majority for the first time in 30 years and the formation of a Government of National Unity (GNU). Steytler examines whether this shift will strengthen democracy and federalism or deepen existing divisions, as the nation grapples with entrenched inequality and the challenges of collaborative governance.

In this post, Nicholas Herd examines the Supreme Court of Appeal (SCA)'s judgment in SAHRC v Agro Data, where the court unanimously rejected the South African Human Rights Commission's (SAHRC) claim that it possesses the authority to issue binding directives. He also explores the Commission's prospects of success in its appeal to the Constitutional Court, challenging the SCA's decision.

In this week’s post, Nurina Ally and others offer an overview of the Constitutional Court’s operations, shedding light on aspects of the Court's work that rarely receive attention. Their analysis captures the bigger picture and highlights some of the unique challenges the Court encounters.

In this week’s post Celiwe examines the Sustaining the Wild Coast cases, where South Africa’s courts evaluated the lawfulness of Shell and Impact's seismic exploration rights along the Wild Coast. While the High Court suspended the exploration due to insufficient consultation with affected communities and environmental concerns, the Supreme Court of Appeal overturned the decision, emphasizing foreign investment. The article highlights the legal tension between corporate interests, environmental protection, and marginalized communities’ rights

Lee-Anne Germanos Manuel discusses the significance of The Embrace Project v Minister of Justice and Correctional Service, in which the applicants successfully challenged the constitutionality of certain provisions relating to consent-based sexual offences in the Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007 in the High Court of South Africa. The constitutional challenge focused on the element of criminal intent and its effect on consent and now awaits confirmation by the Constitutional Court.

In this article, Lauren Loxton offers a critical analysis of the Judicial Service Commission of South Africa's approach to interviewing and selecting candidates for Constitutional Court appointments, highlighting the risks posed by the absence of adequate judicial expertise needed to handle appeals in intricate and specialized areas of law.

This week's blog post highlights a book feature. We had a conversation with Associate Professors Roxan Laubscher and Martinus van Staden about their recent publication, which explores landmark legal cases in South Africa's constitutional history. The book delves into these cases' effects on the nation's legal and social landscape, offering an in-depth analysis of key court decisions and their broader implications for justice and governance in South Africa.

In this week’s post, Lindo Hadebe discusses the impeachment cases of two prominent South African judges. He observes that the impeachment signifies a pivotal moment in South Africa’s democracy. Thus, by addressing misconduct within the judiciary, South Africa took a significant step toward reinforcing the principles of democracy, transparency, and the rule of law. Despite the challenges inherent in the impeachment process, marked by prolonged legal battles, the impeachment reaffirmed the state’s commitment to upholding democratic values and preserving public trust in the judiciary’s integrity

It was Sharma Robin who said words can inspire, and words can destroy, choose your words carefully. The power of words within our communities and legal spaces can never be understated. In this article, Felicity critically analyzes the use of the word ‘illegal foreigner’ within the South African legislative framework. She argues that the term holds a criminal undertone that can fuel stigmatisation, discrimination, and ultimately results in the violation of people’s human rights. Felicity advocates for the amendment of the Immigration Act .

In this week’s post, Dr. Hobden tackles an ongoing situation on Zimbabwean Exemption Permits (ZEP). The ZEP is a special permit allocated to undocumented Zimbabwean migrants to legalize their stay in South Africa. In a way, she is persuaded that the ZEP is revelatory of the boundaries of citizenship in South Africa. She argues that the ZEP issue demonstrates SA’s overtly rigid stance towards access to citizenship within the Republic.

For a number of years it has been observed that South Africa needs more people to study at vocational schools, including Technical and Vocational Education and Training (TVET) colleges. There has also been a steady increase in the number of learners qualifying for university admission, yet universities are unable to house them all. Thandeka Nokwanda Khoza argues that there is a need to close the gap in the market by destigmatising vocational training so that more learners apply to and attend TVET colleges.