Dec
19
2019
The Supreme Court of Appeal awarded the family of the five-year-old almost R1.5 million for the “appalling and undignified death” Komape suffered by drowning in a pit latrine at school.
By Tania Broughton
The family of five-year-old Michael Komape has been awarded R1.4 million in damages for “psychiatric injuries” they suffered as a result of his “appalling and undignified death” when...
Dec
18
2019
In a monumental ruling at the Makhanda high court, judges found it was unconstitutional to bar learners without birth certificates from receiving basic schooling.
By Tania Broughton
Thirty-seven children have changed the law for themselves and an estimated one million others in South Africa who have been deprived of an education because they are undocumented.
In a ruling penned by Judge President...
Dec
13
2019
International Commission of Jurists - Africa
The ICJ collaborated with Studio Bolland to produce this animation which sets out the international standards and protection of rights contained within the International Covenant on Economic, Social, and Cultural Rights (ICESCR) adopted by the United Nations and ratified by South Africa. The animation explains South Africa's obligations in terms of the ICESCR relating...
Dec
05
2019
“This is the time for you to act”, Creecy told
By Madison Yauger
Climate activist group Extinction Rebellion has asked Environment, Forestry and Fisheries Minister Barbara Creecy to declare a climate emergency in South Africa at the 2019 United Nations Framework Convention on Climate Change (COP25) conference in Madrid, Spain.
The group wants the government to reverse all policies inconsistent with addressing climate...
Dec
05
2019
Parliament given 24 months to correct Criminal Procedure Act
By Tania Broughton
Child offenders, child victims and child witnesses may not be named - even in adulthood, the Constitutional Court ruled on Wednesday.
To sum up their majority ruling, the judges quoted Nigerian writer Chimamanda Ngozi Adichie who during a TED talk in 2009 said: “Stories matter. Many stories matter. Stories have been used to...
Dec
03
2019
Controversial Australian company applies for further prospecting rights
By John Yeld
The future of one of South Africa’s most important biodiversity areas – the Olifants River estuary on the West Coast near Lutzville – could be decided at a crucial meeting on Wednesday 4 December.
This is when various government departments and conservation agencies come together at a meeting hosted by CapeNature to...
Dec
03
2019
School’s action directly contradicts instructions of ministers of Home Affairs and of Basic Education
By Tariro Washinyira
An immigrant child has been out of school for a year after Bodibe Intermediate Public School near Mahikeng refused to enrol him because he lacks documents.
The parents received a letter from the school on 8 January stating: “This communique serves to confirm that the school...
Dec
02
2019
“The legislature may well have wanted to regulate hate speech as broadly as possible, but it has not done so with the necessary precision” explains Judge Navsa
By Tania Broughton
The Supreme Court of Appeal (SCA) judgment in the Jon Qwelane case removes the concept of “hurt” from South Africa’s hate speech laws. It affirms freedom of expression.
Espousing and fostering hatred is the antithesis...
Dec
02
2019
Security company wants report to be redacted if it is to be released
By Elna Schütz
Judgment has been reserved in an application for access to a report investigating claims of torture at the Mangaung Correctional Centre in Bloemfontein.
The Centre for Applied Legal Studies (CALS) made a request for the information to the Department of Correctional Services (DCS) in 2014, following media...