Policy, Law, Economics and Politics - Deepening Democracy through Access to Information
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27 May 2017
10 Jan 2017
The Practical Implications Of “Reinstating” A Credit Agreement
This case – Nkata v Firstrand Bank Limited and others [2016] ZACC 12 – deals with the “reinstatement” of a credit agreement under the National Credit Act, No. 34 of 2005 (the “NCA”).  In this...
20 Apr 2016
The Dark Horse: The secret is out
We dance round in a ring and suppose, but the secret sits in the middle and knows – Robert Frost, The Secret Sits. What does the internet, karaoke machines and matches have in common? Though...
04 Apr 2016
President Zuma ordered to pay back the money
Economic Freedom Fighters v Speaker of National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others [2016] ZACC 11 Yesterday the Constitutional Court handed down...
08 Dec 2015
The consequences of election
ISSUE Can an employee, who elects to describe her unfair dismissal dispute as a retrenchment, and who pursues her claim to finality at the Commission for Conciliation, Mediation and Arbitration...
07 Dec 2015
DA: James Selfe on Nkandla says Minister Nhleko's report has zero legal status
In a heads of argument filed in the Constitutional Court, the Police Minister, Nathi Nhleko, inexplicably contends that his report, which absolves President Jacob Zuma of any and all accountability...
20 Nov 2015
DA: Adv Glynnis Breytenbach on Nkandla says President Zuma never intended to comply with Public Protector’s remedial actions
The DA will today file its affidavit is response to President Jacob Zuma’s answering affidavit in which we show that the President has not given effect to the remedial action as prescribed by the...
17 Nov 2015
SCA case regarding access to securities registers
The Webber Wentzel media team is acting for amaBhungane (the Mail & Guardian Center for Investigative Journalism), which has been admitted as a friend of the court in the appeal between Nova...
16 Nov 2015
DA: James Selfe on Nkandla says Zuma, Nhleko, Mbete were wrong to establish parallel processes
In a replying affidavit filed in the Constitutional Court, the Democratic Alliance (DA) contends that the establishment of parallel investigative processes by the President, Speaker of the National...
13 Oct 2015
The CCMA cannot always be at fault
Who determines the nature of a dispute in arbitration proceedings? Is it up to the commissioner to decide on whether or not the real dispute falls within its jurisdiction? The case of Ngobe v J.P...
12 Oct 2015
The confidentiality of arbitration proceedings
Some of the challenges faced by corporate entities involved in protracted legal disputes are huge legal fees and delays in our courts. Companies thus elect to have their disputes dealt with by way...
15 Sep 2015
Are automatic termination clauses enforceable?
Cliffe Dekker Hofmeyr
Due to public interest considerations, the Constitutional right to fair labour practices is entrenched in the framework of the Labour Relations Act, No 66 of 1995 (Act). The court in Mwelase and...
25 May 2015
Domestic employees must be informed if their employers are declared insolvent
The Constitutional Court in Stratford and Others v Investec Bank Limited and Others [2014] ZACC 48 delivered on 19 December 2014 declared that the word “employees” in Section 9(4A) of the...
20 Nov 2014
Centre for Constitutional Rights: Phephelaphi Dube on Parliament's failure to hold the executive accountable
The ad hoc committee appointed to consider the report by the President into the security upgrades at his Nkandla private residence absolved the President from any responsibility for the...
14 Mar 2013
The rule of law in Canada
Cliffe Dekker Hofmeyr
Judgment was handed down by Canada's Federal Court of Appeal on 21 February 2013 in the matter of The Minister of National Revenue v RBC Life Insurance Company and Others. The judgment was...

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