Hugh Corder and Alistair Price The Legal Practice Bill has laudable goals. It is widely acknowledged that legal services are not affordable for most South Africans. Entry into and progression within the legal profession is especially difficult for black and/or female law graduates. Change has been painfully slow since 1994. The Bill aims to tackle these …
The Rule of Law requires an independent legal profession Read More »
Freedom Under Law is gratified that its years of effort in regard to Judge Hlophe’s conduct have borne fruit. We respectfully welcome the view of the Judicial Conduct Committee (JCC) that the complaint by the justices of the Constitutional Court against Judge President Hlophe may constitute gross misconduct warranting impeachment. We trust that the Judicial Service Commission will …
JCC decision on complaints against Judge President Hlophe Read More »
The Commonwealth Lawyers Association (CLA), the Commonwealth Legal Education Association (CLEA) and the Commonwealth Magistrates’ and Judges’ Association (CMJA) are concerned about the recent decision of the Southern African Development Community (SADC) Summit of Heads of State to negotiate a new Protocol on the SADC Tribunal and limit the mandate of the Tribunal to interpretation …
Freedom Under Law (FUL) is surprised that the Minister of Justice has reportedly made known that, irrespective of the outcome, the State – i.e. the South African taxpayer – is to stand good for the legal costs incurred by Judge President MJ Hlophe in the proceedings arising from the complaint against him by the justices …
Today the Pretoria High Court handed down judgment, upholding FUL’s application with costs. FUL had sought an urgent interdict against the Acting Police Commissioner allocating any function to Gen Mdluli, and against Gen Mdluli discharging any police duty, pending the application for judicial review FUL has lodged with the court. The judgment upheld FUL’s claim …
Gen Richard Mdluli’s attorney has written to the attorneys for Freedom Under Law today, asking for their last-minute ‘condonation’ of his failure to file his answering affidavit to FUL’s interdict application, due today. In response FUL pointed out that condonation for Gen Mdluli’s failure to act as required is a matter for the court to …
Freedom Under Law welcomes the decision now by the acting Commissioner once again to suspend Gen Mdluli. FUL's court application for an urgent interdict was made necessary by the refusal of the Minister of Safety and Security to do more than reallocate other operational duties to him. This had left Gen Mdluli on duty with …
FUL today launched an urgent application to interdict Gen Richard Mdluli from continuing to discharge any function as a police officer pending the judicial review of a series of decisions relating to his recent reinstatement as head of Crime Intelligence of the South African Police Service. A similar interdict is sought against the Minister of …
FUL welcomes the judgment of the Constitutional Court which now finally puts to rest Judge Hlophe's attempts to challenge the orders issued by the Supreme Court of Appeal a year ago today. We look forward to the speedy resumption by the Judicial Service Commission of the enquiry the SCA ordered it to conduct into the …
Judgment of the Constitutional Court in regard to Judge Hlophe Read More »
Hugh Corder The newspaper billboards on Monday proclaimed shock at President Zuma’s “attack” on the Constitutional Court (CC). My immediate reaction was to wonder what the President had said this time. Anyone who has observed the relationship between the judiciary and the executive over the past five years will know that the President has on …
