Judicial officers are appointed in terms of section 174 of the Constitution. The Constitution provides that the President must appoint the judges of all the other courts (Supreme Courts of Appeal, High Court etc.), except the...
Biographies of the Nominees for the Position of Chief Justice
In order to obtain a better view and understanding of the 8 nominees for the position of Chief Justice, the Presidency has made available short biographies of the 8 nominees, as can be seen hereunder. ADVOCATE ALAN NELSON SC AGE AND...
Appointment Process of the Chief Justice and Other Constitutional Court Judges
The 11th of October 2021 marked the last day in office for Mogoeng Mogoeng as the Chief Justice of the Republic of South Africa. In light of the above and the current Judicial Service Commission (“JSC”) appointments and interviews taking...
Zuma Contempt of Court Judgment: A New Horizon for Contempt of Court Cases?
Contempt of Court is divided into two categories namely, civil contempt and criminal contempt. Criminal contempt concerns a disgrace which is brought upon the Court’s moral authority, whereas in civil contempt, an action of disobedience...
Crimes of Employees Visited on Their Employers
In recent judgments by the Supreme Court of Appeal and the High Court in Johannesburg, our courts have held that employers may be held liable for the damages caused by the criminal conduct of their employees in spite of the fact that such...
Can Couples Contract Out of Their Marital Regime?
Introduction In a day and age where uncertain times seem to be the only constant, many married couples are faced with the question of whether their marital regime best serves them, and if not, then whether they can merely agree for it to...
New Hope for Legal Representation at CCMA and Bargaining Councils?
It’s been a long-standing principle of dispute resolution at the CCMA and Bargaining Councils, based on the CCMA Rules, that legal representation of any party is never allowed at conciliation or at arbitrations of unfair dismissal...
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