constitution

Court Pushes for Solution Ahead of Polls

Chief Justice, Mogoeng Mogoeng, has considered solutions to ensure that local government elections set for 3 August 2016 go ahead despite the failure by the Independent Electoral Commission (IEC) to have a voters’ roll with addresses of voters as required by law.
 
The Constitutional Court heard an application by the Electoral Commission of South Africa for leave to appeal against a judgment of the Electoral Court in February 2016.
 
The Electoral Court postponed by-elections that were to be held in Tlokwe‚ North West that month.
 

Hundreds Walk to Commemorate SA Constitution

More than 1 000 people turned out for an eight-kilometre walk to commemorate 20 years of the Constitution in the Johannesburg’s central business district.

The initiative under the theme 'We the People Walk’ was staged at the Constitutional Hill in Braamfontein.

The event was aimed at encouraging people to pick a right they feel strongly about in the Constitution and represent it through walking, and issues such as crime, education, women and child abuse were highlighted.

No-Confidence Motion in Zuma A Moral Test

Even if the Democratic Alliance’s motion of no confidence in President Jacob Zuma fails‚ the “ensuing debate will ensure a more accountable and open system of governance,” according to Phephelaphi Dube, legal officer for the Centre for Constitutional Rights.

Dube says the motion will raise the obvious question as to whether members of Parliament are beholden to their party bosses rather than to the Constitution.

Language Policy at the University of Stellenbosch

The FW de Klerk Foundation has taken note, with shock and disappointment, of the letter and annexure of Prof Wim De Villiers to the Senate of the University of Stellenbosch. The letter makes it clear that if the Rector's proposals are approved by the University Council on 30 November 2015, Afrikaans will no longer have an equal position with English at the University of Stellenbosch.

Prison Conditions Disturbing – Cameron

In a report, the Constitutional Court judge, Edwin Cameron, and his law clerks, state that they were deeply shocked by the extent of overcrowding, unsanitary conditions, sickness and emaciated physical appearance of the detainees, among others they witnessed during the visit to Pollsmoor prison.

Pollsmoor, which is located in the up-market suburb of Tokai, Cape Town, has about 8 000 prisoners and consists of the remand centre, women's centre, three facilities for prisoners who have been found guilty -- Medium A, B and C -- and two community corrections offices.

Customary Practices Make a Mockery of New Constitutions

South Africa has one of the most progressive constitutions in the world. Despite this, President Jacob Zuma advocates for polygamy using the argument that it is freedom to practise ones culture.

Polygamy exists in a complicated space within South Africa's legal structure. The practice is legal yet at the same time the country's Constitution provides for the equal rights of women and men - something many see as inherently missing in polygamous relationships.

A Slap in the Face of the Constitution

The framers of the South African Constitution had the foresight to include an innovative set of institutions that effectively add a fourth arm to the usual three-way division of government into Legislature, Executive and Judiciary. The modern state reaches into almost all areas of life; and modern citizens expect it to be responsive to a wide variety of their rights and needs.

Pros and Cons of Taxing Churches in Zimbabwe

According to Obert Gutu, one of the major rationales of not taxing churches Zimbabwe is that the church is a non-profit making organisation.

Gutu, who states that nonprofit organisations are exempt from income and other taxes because their principal purpose is not profit oriented, adding that taxing churches would be discriminatory as there are other nonprofit making groups, such as political organisations, non-governmental organisations, and social welfare and service organisations which are also exempt from tax.

ConCourt Dilemma: Gay Rights vs Church Laws

The Constitutional Court will face a conundrum of note next month when the rights of the individual are pitted against the rights of the church.
 
Ecclesia de Lange wants to be reinstated as a minister at the Methodist Church, the same church that disassociated itself from her after she married her female partner.
 
The Methodist Church ‘discontinued’ De Lange from the ministry in 2010 after she announced that she planned to marry her lesbian partner in front of her congregation.
 

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