But bill has been waiting for the president to sign it into law since at least April By Linda Daniels Aphiwe Nomandla is a second year computer science student at the University of the Western Cape. To date, the cost of prescribed textbooks for his course ranged from R799 to R3,985. He said most students could not afford to buy the required...

A Pietermaritzburg High Court ruling has found that municipalities were in breach of the Constitution in not providing labour tenants and farm occupiers with essential and basic services. By Musawenkosi Cabe The recent high court judgment declaring that three municipalities in Pietermaritzburg must provide water, sanitation and waste collection on farms has been hailed as a victory for farm dwellers across...

One complaint alleges state capture. The other alleges racism and sexism.  By Barbara Maregele Judge Neil Tuchten wrote: “Judge Makhubele ought not to undertake any judicial duties until she clears her name of the allegations against her.” Judge Tintswalo Annah Nana Makhubele responded by lodging a complaint against him with the Judicial Services Commission (JSC) that alleges racism and sexism. Then commuter...

Old flag should only be displayed for “genuine artistic, academic or journalistic expression in the public interest” By Ohene Yaw Ampofo-Anti The gratuitous display of the old South African flag now constitutes hate speech. This is according to a ruling by Judge Phineas Mojapelo in the Equality Court which sat in Johannesburg on Wednesday. This means that the display of the old South...

Appointing a special master to assist the Department of Rural Development and Land Reform is not judicial overreach By Zoë Postman and Wilmien Wicomb Labour tenants scored a major victory in the Constitutional Court on Tuesday. A majority of judges in the court upheld the Land Claims Court’s (LCC) order to appoint a special master to assist the Department of Rural Development and Land Reform to...

Legal experts have questioned the interdict granted to a group of Eastern Cape farmers, saying it unjustifiably limits the farm workers’ constitutional right to speak out against alleged poor treatment. By: Anna Majavu The high court in April granted commercial farmers in the Eastern Cape an interdict against farm workers and non-governmental organisations (NGOs) in the area. But it has been described...

Ruling may lead to better environmental oversight By Wilmien Wicomb Anti-fracking activists won their appeal to the Supreme Court of Appeal (SCA) last month. The legal victory of Treasure the Karoo Action Group (TKAG) and others means that environmental regulation of mining activities has been taken out of the hands of the Department of Mineral Resources (DMR). For years, civil society organisations like the Centre...

Human Rights Watch calls for decriminalisation  By Zoë Postman “Two years ago a policeman arrested me. He was alone and took me somewhere in the town in his car and then told me to give him free services and so I did,” a sex worker from Tzaneen, Limpopo, is quoted as saying in a new report. She was one of 46 female sex...

A group of men armed with crude weapons made their way through the inner city, breaking and looting, in the wake of police raids in which refugees and other migrants were rounded up and their goods confiscated at gun point. By: Jan Bornman "Sizobabamba ngezandla uhulumeni usiphoxelani (We’ll get our hands on them. Why has the government failed/disappointed us),” sang a group...

Foreign nationals with South African or permanent resident spouses do not have to leave the country to apply for spousal visas By Ohene Yaw Ampofo-Anti The Constitutional Court handed down a judgment at the end of June that has important consequences for immigrants. A majority of the judges ruled that foreign spouses of South African citizens and permanent residents may apply for...