A bill to decriminalise sex work was sent back to the justice department for redrafting about two years ago By Liezl Human Sex workers are calling for a moratorium on arrests and fines until politicians mull over finalising the redraft of a bill to decriminalise sex work. This comes nearly two years after the bill was withdrawn and sent back to...

And the late judgments list is also late By Marecia Damons Some 233 judgments have been outstanding for at least six months at the start of the fourth term in 2024. This is a slight increase from 223 in the previous term. The latest Reserved Judgment Report for the Chief Justice for either 7 October or 1 November 2024, depending on the court, says 1,723...

There are far too many cases in which the litigants don’t know what they want the judge to decide By Judge Stuart Wilson I am a high court judge. Every day, I help people resolve their disputes according to law. There’s nothing I don’t like about the work. I find every part of the law interesting. I take genuine pleasure in...

Supreme Court of Appeal dismisses appeal by City of Johannesburg By Ohene Yaw Ampofo-Anti The Supreme Court of Appeal has ruled in favour of 71 waste pickers evicted from a property in Midrand. The City of Johannesburg wanted to move them to a place where they are unable to continue picking waste, arguing that their activities were unlawful. The Court ruled...

Judges Matter welcomes the move but says more judges are needed By Tania Broughton The Gauteng High Court has too few judges for the number of civil matters enrolled, with the earliest available court dates in 2031. A draft directive by Judge President Dunstan Mlambo proposes that cases will only be set down for trial if they first undergo mediation. Some...

Minister of Justice opposed the case to have “defence of subjective consent to rape” scrapped By Geoffrey Allsop The Johannesburg High Court has delivered a significant judgment. It has declared unconstitutional the defence of “subjective consent” to a charge of rape. Judge Selby Baqwa said such a defence unjustifiably violates the constitutional rights of rape survivors and complainants to equality, human dignity, privacy and...

The laws “have not deterred … the selling or buying of sex … and are not rationally capable of doing so. They merely create greater stigma and vulnerability among sex workers and violate their rights.” By Tania Broughton A Cape Town sex worker, with the support of the Sex Worker Education and Advocacy Taskforce (SWEAT), has launched a constitutional challenge to...

Three years after the landmark Concourt ruling, very little has changed with their access to compensation By Kimberly Mutandiro It’s been three years since the Constitutional Court’s landmark ruling for domestic workers to be covered by the provisions of the Compensation for Occupational Injuries and Diseases Act (COIDA). But activists say very little has changed for most workers. According to...

The short answer The Director-General of Home Affairs can issue an order that will allow a foreign ex-spouse who applies for a visitor’s or relative’s visa to stay in the country. The long answer There was a recent case (June 2022) brought to the Western Cape High Court by several foreign ex-spouses wanting to stay in South Africa as they were contributing to their...

A shortage of judges and insufficient research and secretarial support are among concerns raised about the judiciary By Marecia Damons Judge Jacqueline Henriques took three years to deliver a judgment. In her judgment, she said that a lack of adequate secretarial and research support were among the reasons for the delay. According to civic organisation Judges Matter, systemic issues affecting the...