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South Africa’s Constitutional Court at 30: A solid foundation but cracks are showing

This piece first appeared online in ‘The Conversation’ on 15 April 2024: Professor Corder is a member of the Freedom Under Law board. South Africa’s Constitutional Court stands out as one of the few government institutions that have protected and advanced the constitutional vision of a participatory democracy and social justice. Many other government institutions which ought …

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BRIEFING NOTE – MAJOR EVENTS RELATING TO THE JUDICIARY AND THE RULE OF LAW (MARCH 2024)

This briefing note seeks to provide a short overview of significant events in the preceding month, relating to Freedom Under Law’s work on the judiciary and the rule of law. The note aims to provide a short overview of key issues, with links to underlying documents and articles where they are available. It is not …

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Freedom Under Law calls for urgent release of reasons for decision by the Electoral Court

Freedom Under Law (FUL) notes the decision of the Electoral Court on 9 April 2024, which overturns a finding of the Independent Electoral Commission (IEC) and allows for former President Jacob Zuma to be included on the list of candidates to contest the upcoming national elections for the MK political party. The Court has to …

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This article first appeared in City Press on Sunday, 7 April 2024.

This week, the Judicial Service Commission (JSC) will be meeting to interview prospective judges. With the interviews only lasting for three days, it is a shorter sitting than usual, but as important as ever. The positions to be filled include three lengthy vacancies: one each in the Constitutional Court and the Electoral Court, and the …

This article first appeared in City Press on Sunday, 7 April 2024. Read More »

Chief Justice’s ConCourt proposals present opportunity for measured judicial reform (25 March 2024)

By Judith February & Chris Oxtoby Chief Justice Raymond Zondo’s decision to abandon the practice of using retired Constitutional Court justices to process court applications suggests that it may be time to consider a more serious, structural reform of SA’s highest courts. On 14 March, Chief Justice Raymond Zondo announced that a “programme” to use retired justices …

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BRIEFING NOTE – MAJOR EVENTS RELATING TO THE JUDICIARY AND THE RULE OF LAW (FEBRUARY 2024)

This briefing note seeks to provide a short overview of significant events in the preceding month, relating to Freedom Under Law’s work on the judiciary and the rule of law. The note aims to provide a short overview of key issues, with links to underlying documents and articles where they are available. It is not …

BRIEFING NOTE – MAJOR EVENTS RELATING TO THE JUDICIARY AND THE RULE OF LAW (FEBRUARY 2024) Read More »

BRIEFING NOTE – MAJOR EVENTS RELATING TO THE JUDICIARY AND THE  RULE OF LAW (DECEMBER 2023 – JANUARY 2024)

This briefing note seeks to provide a short overview of significant events in the preceding month, relating to Freedom Under Law’s work on the judiciary and the rule of law. The note aims to provide a short overview of key issues, with links to underlying documents and articles where they are available. It is not intended to provide a comprehensive analysis of all the issues raised.

Media statement: FUL v JSC (26 February 2024)

Freedom Under Law brought an urgent application in December 2023 in the Pretoria High Court, in which it challenged the JSC’s ongoing failures to fulfil its constitutional mandate. The application comprises two parts. Part A of the application sought to address the urgent situation that arose from the Judicial Service Commission’s failure to recommend any …

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