Posts

ConCourt to hear arguments on Electoral Act constitutionality

The Constitutional Court will tomorrow hear arguments around the the constitutionality (or unconstitutionality) of the Electoral Act, in the case of New Nation Movement NPC and Others v President of the Republic of South Africa and Others. The applicant, the New Nation Movement (NNM), is asking that the Electoral Act be amended to allow independent Read more >

Flouting constitutional duties will not be tolerated

The judgment handed down yesterday against the public protector, Busisiwe Mkhwebane, in the case of ABSA Bank and Others v the Public Protector and Others, is profoundly significant for a number of reasons. Christine Botha of the Centre for Constitutional Rights unpacks the significance of yesterday’s judgment, reminds us of the events leading up to Read more >

CW welcomes the dismissal of Jiba and Mrwebi

Corruption Watch welcomes the president’s decision to dismiss Nomgcobo Jiba and Lawrence Mrwebi from the National Prosecuting Authority (NPA). This decision gives effect to the findings of the Mokgoro Commission, which determined that neither were fit and proper to occupy their high offices. Both have been found to have engaged in a myriad of activities Read more >

Mokgoro: Jiba, Mrwebi not fit for NPA

By Barry BatemanFirst published on EWN UPDATE: President Cyril Ramaphosa fired Nomgcobo Jiba and Lawrence Mrwebi on 26 April 2019. His decision will be sent to Parliament within a fortnight, and that body will determine if the two should be reinstated or not. Retired Constitutional Court Justice Yvonne Mokgoro has dealt what is certainly the final Read more >

GCB, Jiba and Mrwebi back in court today

Today the Constitutional Court hears arguments from both sides in the matter of the General Council of the Bar (GCB) v Jiba, Mrwebi and others. The GCB is applying for leave to appeal a Supreme Court of Appeal (SCA) judgment reinstating top National Prosecuting Authority (NPA) officials Nomgcobo Jiba and Lawrence Mrwebi to the roll Read more >

Swift action needed on party funding bill

By Judith February First published on EWN The recent brouhaha regarding President Cyril Ramaphosa and the so-called ‘Bosasa campaign donation’ has again put the funding of political parties in the spotlight. It started when DA leader Mmusi Maimane asked Ramaphosa about a donation of R500 000 he had allegedly received from Bosasa’s Gavin Watson. This Read more >

The argument for an int’l anti-corruption court

By Richard Goldstone and Robert Rotberg First published on the Global Anticorruption Blog In a 2018 Daedalus article, senior US district judge Mark L. Wolf explained that The World Needs an International Anticorruption Court (IACC) and charted a course for its creation. In a recent post on this blog, Professor Alex Whiting characterised the IACC Read more >

Dlamini to personally pay 20% of applicants’ legal costs

Barely a month after the Constitutional Court (ConCourt) held that the South African Social Security Agency (Sassa) and its acting CEO should be liable for costs relating to a second contract extension with grants distributor Cash Paymaster Services (CPS), the same court has now handed down unanimous judgment on then social development minister Bathabile Dlamini’s Read more >

ConCourt holds Sassa accountable for second CPS contract extension

The Constitutional Court today handed down a further judgment in the seemingly never-ending matter of the South African Social Security Agency (Sassa) and Cash Paymaster Services (CPS). Today’s judgment did not relate to personal costs arising from the Section 38 inquiry, presided over by Judge Bernard Ngoepe, into former social development minister Bathabile Dlamini and Read more >