Podcasts about concourt

Afrikaner lobby group AfriForum has criticised South African judges for ruling that the "Kill the Boer" chant is not hate speech, accusing them of being ideologically biased. This after the apex court THIS WEEK refused AfriForum's bid for leave to appeal the "Kill the boer" judgment, which found that the chant did not constitute Hate Speech and dismissed the application saying it bears no reasonable prospects of success. In August, 2022 – the Equality Court ruled in favour of the Economic Freedom Fighters, stating that the song did not constitute Hate Speech. The "Kill the boer, Kill the farmer" chant, which EFF leader Julius Malema continues to sing, was used by Elon Musk to justify US accusations that South Africa is allegedly violating the human rights of some groups in the country. The opposition DA has also weighed in the debate saying the chant has no place in SA society, regardless of any legal ruling on its constitutionality. To weigh in on the matter Bongiwe Zwane spoke to political analyst, Sandile Swana.

Tshidi Madia in for Clement Manyathela and the listeners debate the relevance of this chant following the Constitutional court dismissing AfriForum's application for leave to appeal the 'Kill the boer' ruling. See omnystudio.com/listener for privacy information.

Judgement has been reserved in the constitutional challenge by two married couples where the husbands wish to assume the surnames of their wives. The applicants had successfully challenged the legislation in the Free State High Court after the male spouses could not change their surnames after marriage. One husband sought to take his wife's surname, while the other sought to hyphenate his surname to include the wiVes surname, but the system didn't allow for a man to assume the surname of his wife. Sakina Kamwendo spoke to SABC reporter, Canny Maphanga

John Maytham speaks with News24 legal journalist Karyn Maughan about the Constitutional Court’s review of the Western Cape government’s 2015 sale of the Tafelberg school property in Sea Point.See omnystudio.com/listener for privacy information.

John Maytham speaks to JJ Van der Walt, legal counsel for employment law at Cliffe Dekker Hofmeyr – to unpack what happens when employees reach retirement age, in light of the ConCourt judgement.See omnystudio.com/listener for privacy information.

John Maytham speaks to lead attorney and Head of the Law Centre at Ndifuna Ukwazi, Disha Govender about the outcome of their eight-year court battle representing the residents of Bromwell Street against the City of Cape Town. The Constitutional Court has declared the City’s housing programme as unconstitutional and declared that the City provide housing within close proximity of Woodstock within six months.See omnystudio.com/listener for privacy information.

Lester Kiewit speaks to Dr Armand Bam, Head of Social Impact and Senior Lecturer at Stellenbosch Business School and former Executive Director of The League of Friends of the Blind. They discuss the Constitutional Court once again having to step in to confirm the rights of the blind and visually impaired. The government has been tasked with amending laws which trample on the rights of the blind but has not yet given the green light to the new version.See omnystudio.com/listener for privacy information.

The Constitutional Court will today hear an application from the Economic Freedom Fighters (EFF) challenging the National Assembly's decision not to adopt the Independent Panel's Report on the Phala Phala scandal. The EFF argues that the decision was irrational and unlawful, violating constitutional provisions. The case follows the National Assembly's rejection of the Report in December 2022, with the ANC using its majority vote to block the referral to an impeachment inquiry.  For more on this Elvis Presslin spoke to Andrew Goldberg, legal analyst from Goldberg Attorneys Incorporated

Vodacom 'Please call me' service inventor Nkosana Makate is confident his case is solid and that the ConCourt will bring the R9.4m matter to finality.

Lester Kiewit speaks to Dr Kevin Winter, researcher at the Future Water Institute and Senior Lecturer in Environmental & Geographical Science at UCT, about the true state of South Africa's water supply and quality. This after Water and Sanitation Minister Pemmy Majodina told parliament there is no water crisis.See omnystudio.com/listener for privacy information.

The South African Human Rights Commission (SAHRC) is taking its fight for enforceable recommendations to the Constitutional Court, following a Supreme Court of Appeal ruling that its directives are not legally binding. Although the Appeals Court acknowledged the importance of respecting and following the Commission's findings, it emphasized that they require a court order to carry legal weight. This legal challenge stems from a dispute over water access, where the Commission ruled in favour of farm occupiers and instructed farm owners to restore access. However, the farm owners' refusal to comply has sparked a battle over the Commission's authority. For expert analysis on this significant case, Elvis Presslin spoke to Si-thuthu-kile Mkhize, Senior Attorney at the Centre for Applied Legal Studies, CALS at Wits

Romains 8.28 DESCRIPTION: Quand les souffrances et les épreuves viennent dans notre vie, comme il est difficile de garder la foi et la joie chrétienne. Nous avons besoin de regarder à la vérité et de la chérir de tout notre cœur. Ce matin nous verrons que Dieu dans sa grâce incompréhensible, prend tout ce qui nous arrive et le fait concourir à notre bien pour sa gloire. Nos épreuves ne sont pas dans les mains du hasard, mais d’un Dieu parfait qui a prévu chaque détails de notre existence. PLAN: 1) Toutes choses… (Quoi?) 2) Concourt au bien... (Comment?) 3) De ceux qui aiment Dieu... (Pour qui?) Prédicateur : Daniel Méthot-Pinel Textes Complémentaires : Romain 8 et Psaumes 103

Lester Kiewit speaks to Bernadette “Burny” Enever, who has finally won her case against former employer Barloworld, for her unfair dismissal in 2022, after she had tested positive for Cannabis, despite the employers not being able to prove that her work was impaired. See omnystudio.com/listener for privacy information.

The Constitutional Court has rejected Home Affairs Minister Aaron Motsoaledi's appeal against a Pretoria High Court ruling that found the termination of the Zimbabwean Exemption Permit (ZEP) unlawful due to a lack of fair consultation. The High Court faulted the department for failing to follow proper procedures in ending the permit program, which permits over 178,000 Zimbabweans to live and work in South Africa. The Helen Suzman Foundation contested Motsoaledi's decision to discontinue the ZEPs last April. for reaction on this Elvis Presslin spoke to Dr Vusumuzi Sibanda, the president of the African Diaspora Global Network 

This Friday the first seating of the 7th administration will be taking place and yet today the MK party has launched an urgent application at the Constitutional Court to overturn the 2024 national and provincial elections, in an unprecedented legal challenge that hands SA's democratic institutions their biggest test yet. What the possibilities are that the parliamentary seating will take place? What impact does this application has on this seating?  Thabiso Goba, EWN Reporter, joins to tell us more about the MK application to concourt.See omnystudio.com/listener for privacy information.

2024 SA Elections heat up: ConCourt bars Jacob Zuma from Parliament, MK Party unfazed by Radio Islam

The MK Party say the Constitutional Court Judgment declaring former President Jacob Zuma ineligible for Parliament does not deter it. The Apex court ruled Zuma's 15-month prison sentence for contempt of court disqualified him from running for parliament in next week's general election. MK Party spokesperson Nhlamulo Ndhlela says the party is working towards a two-thirds majority in order to amend South Africa's constitution for Zuma to return to power. Elvis Presslin spoke to political analyst, Tessa Dooms

The Constitutional Court has found that former President and leader of the Mkhonto weSizwe Party Jacob Zuma is not eligible to stand for elections as a member of parliament. This as Zuma is the first candidate on the MK party list of members to go to the National Assembly after the upcoming elections. The matter was sent to the Electoral Court which concluded that Zuma's 15-month sentence for contempt couldn't be appealed and, thus, didn't meet the criteria of a "sentence" under Section 47(1)(e) of the Constitution. Elvis Presslin spoke to Legal Expert Melusi Xulu from Donda Attorneys before the judgement was delivered ... 

The Constitutional Court has asked the Electoral Commission, Umkhonto Wesizwe party and former President, Jacob Zuma to make written submissions over statements made by the IEC's Commissioner, Janet Love by the end of business on Tuesday. This is in the matter which is set to determine Zuma's eligibility to stand for public office. The MK party, through its legal counsel, argued before the Concourt last week that Love was biased after she said the former President would not be eligible to stand for public office due to his 15-month sentence meted out by the Constitutional Court. For more on this Sakina Kamwendo spoke to SABC News reporter, Zoleka Qodashe 

The Constitutional Court YESTERDAY dismissed former president Jacob Zuma's recusal application. The court did not give reasons for its dismissal, but they are expected to provide these in their written ruling on this case. Zuma had argued that six judges of the Constitutional Court that sent him to prison in the first place should not be involved in the current matter of his eligibility to participate in elections saying they can't act as both players and referees. After the dismissal the court then heard an application by the Electoral Commission of South Africa - IEC - to appeal against an Electoral Court ruling that paved the way for Zuma to run for public office. The IEC wants the apex court to appeal against the Electoral Court's ruling overturning the commission's decision to bar Zuma from running for public office due to his 15-month prison sentence in 2021.The IEC disqualified Zuma from running on the uMkhonto weSizwe (MK) Party's ticket as a result of the sentence he received for contempt of court. The Concourt has reserved judgement in the matter.Bongiwe Zwane spoke to Mbekezeli Benjamin, Research and Advocacy Officer at Judges Matter

In the Constitutional Court, former President Jacob Zuma is continuing with his fight to remain on the ballot during the upcoming elections. John Maytham speaks to Bernadette Wicks.See omnystudio.com/listener for privacy information.

Civil society calls on all to respect the outcome of the ConCourt decision. EWN speaks with supporters and MK political principles outside the court.The case against 21-year-old Bafana Mahungela, the boy accused of killing Joburg killer Kirsten Kluyts, is back in court.ANC president Cyril Ramaphosa is leading a campaign in Pretoria, Atteridgeville, tomorrow to garner party support. He is expected to visit Nkomo Village Mall, a local high school and a door-to-door.Latest from George. 44 people unaccounted for, eight deceased. 16 of the 37 retrieved are in critical condition in hospital.Thousands of Equal Education members will be marching to Parliament to demand the prioritisation and realisation of equal and quality education for all learners in the lead-up to the national elections..SPORTS WRAP.Spreading good news with Brent Lindeque. See omnystudio.com/listener for privacy information.

The Constitutional Court will today hear the IEC's challenge over former president Jacob Zuma's eligibility to serve in the National Assembly. The IEC is seeking clarity from the Apex court on the implementation of Section 47 of the constitution. This after the electoral court ruled Zuma can remain on the list of candidates vying for seats in parliament. For more on this Elvis Presslin spoke to Legal Expert, Mpumelelo Zikalala

Former Constitutional Court Justice Yvonne Mokgoro has passed on. Mokgoro, the first black female Justice of the Constitutional Court died after a lengthy stay in hospital following car crash in April last year. Judges Matters Research and Advocacy Officer, Mbekezeli Benjamin has described Justice Mokgoro as "a pioneer in the legal profession". 

John Maytham speaks to legal analyst Melusi Xulu ahead of tomorrow's concourt hearing which will decide on the eligibility to contest elections by  former president Jacob Zuma. See omnystudio.com/listener for privacy information.

The Constitutional Court will today hear an application by three political parties who are challenging their exclusion from contesting the elections. The Labour Party, the African Congress for Transformation, ACT and the Afrikan Alliance of Social Democrats will appear before the apex court to seek their inclusion on the ballot. The parties say technical glitches in the IEC's registration portal prevented submissions of their party's candidate list. For more on this Elvis Presslin spoke to Labour Party Secretariat, Krister Janse van Rensburg

The Labour Party wants the Constitutional Court to find in its favour to postpone the date of the upcoming elections to July or August, citing Electoral Court delays in its case to reopen the Independent Electoral Commission's (IEC's) online portal. The Labour Party's application to reopen the IEC's online portal, which the party argues was unstable during the uploading period, was dismissed on Monday. However, the Labour Party noted that two of the five Electoral Court judges agreed with the party's arguments. The Labour Party says the IEC's online portal malfunctioned before the March 8, 17h00 deadline, resulting in many new parties being unable to upload the supporting documents required by the amended Electoral Act, which now requires new parties to upload up to 62 000 names, surnames, ID numbers and signatures of registered voters in order to contest the election. The Labour Party argued that the Electoral Court "dragged the urgent application" to reopen the portal for over a month. "…which led to the Electoral Timetable's milestones passing by, thus rendering the relief sought moot and academic. The Labour Party (and several other new political parties) therefore had no other viable choice than to approach the ConCourt for urgent relief," the party explained. Now the Labour Party wants the Constitutional Court to find its exclusion from the elections "inconsistent with the Constitution and unlawful" and for the President to postpone the elections. "The paragraph that best describes the crux of the decision before the [Constitutional] Court, must be paragraph 64 of our [founding] affidavit. This paragraph crisply and succinctly summarises the prejudice faced by the Labour Party and many other parties as compared to the relatively small effect of postponing the elections. Let's be frank, it would be better to have free and fair elections a few weeks later, than to have the elections on 29 May 2024, but the elections are not free and fair," said Labour Party Secretariat Krister Janse van Rensburg.

Professor Marthinus van Staden, from Wits School of Law, specializes in Labour Law and Jurisprudence. He joins John to consider a Constitutional Court ruling supporting Coca-Cola Beverages Africa (CCBA) in a case involving the retrenchment of 400 employees after a merger. Despite objections, the Court upheld CCBA's decision, finding no legal basis to overturn it.See omnystudio.com/listener for privacy information.

The Labour Party of South Africa on Tuesday noted that owing to Electoral Court delays in its case to reopen the Independent Electoral Commission's (IEC's) online portal, the party will now be launching an application to the Constitutional Court seeking to set aside the electoral timetable and postpone the elections scheduled for May 29. On Monday, the Electoral Court handed down judgment in the Labour Party's application to reopen the IEC online portal, which the party said was unstable during the uploading period during which parties were asked to submit the required documents needed to contest the elections. Parties had until 17:00 on March 8 to ensure all documents were submitted. In March, the Labour Party asked the Supreme Court of Appeal to ensure that its application to the Electoral Court was set down as soon as possible, raising concerns that delays in the matter being heard would threaten the freeness and fairness of the 2024 national and provincial elections. "The judgment which was handed down more than a month after the urgent application was filed, dismissed the case of the Labour Party with no order as to costs," said Labour Party secretary Krister Janse van Rensburg. He explained that the judgment contained a minority dissent of some of the judges on the panel who agreed with most, if not all, of the Labour Party's arguments. After meeting with its legal team and considering the Electoral Court's judgment and the minority dissent, the Labour Party made the call that the relief that was initially sought has effectively become moot. Van Rensburg explained that a draft notice of motion outlining the gist of the case has been served on the IEC as a courtesy. "As this matter is currently sub judice, and we are still busy drafting our court papers, we will reserve comment on the finer details of our case," he said. The party is confident that the ConCourt will see the "prejudice to be suffered" if political parties are excluded from participating in what is being called a critical election. "Put simply, these elections will most definitely not be free and fair if the IEC is left to bar new parties when it itself admits serious shortcomings in an untested and glitchy online portal," he added. Van Rensburg said that even more compelling is the serious prejudice caused to the Labour Party, other new parties and the voters by the IEC and the Electoral Court dragging their feet for more than a month to pronounce on Labour Party's case. "It is a clear travesty of justice, and we are of the firm belief that the ConCourt will not allow this situation to prevail," Van Rensburg said.

The ConCourt has dismissed a challenge to the Electoral Amendment Act brought by BOSA, Rivonia Circle.The IEC introduces principles and guidelines for using digital and social media in African elections. Sixteen (16) African Electoral Management Bodies (EMB) hosting elections this year will attend the launch and socialisation of the principles and guidelines for using digital and social media in African elections.The Department of Water and Sanitation calls on public members to send their written submissions and to make their voices heard on the amended National Water Act (NWA) and Water Services Act (WSA) by the 1st of March 2024.President Cyril Ramaphosa has, in terms of Section 174(3) of the Constitution, embarked on a process of consultation with the leaders of political parties represented in Parliament and the Judicial Service Commission to convey his nomination of Judge Mandisa Muriel Lindelwa Maya as Chief Justice of the Republic of South Africa.See omnystudio.com/listener for privacy information.

Sasfin's David Shapiro takes up through the day's market moves, PGMs under pressure, developments around China, the rand manipulation case heading to the ConCourt, and AB InBev. SAfm Market Update - Podcasts and live stream

Electoral amendment act | Xiluva acknowledges Concourt's ruling by Radio Islam

The Constitutional Court handed down judgments today (Monday) that set important rules for independent candidates in next year's national election. Michael Louis, the chair of the Independent Candidates Association (ICA), was there. In this interview, he takes BizNews through the judgments and explains their implications.  He predicts a scenario where an independent candidate needs to get 90,000 votes for a seat, but gets 67,000 votes and doesn't get elected as a Member of Parliament, while a political party with 43,000 votes will get a seat. He says the big challenge now is that independent candidates will have to “really pick up the muster to prove their strength”. And he vows that ICA is going out “full steam to identify great leaders in all the provinces and then equip and train them to become independent candidates and politicians”. He already has 29 independent candidates “of very high profile” wanting to stand. - Chris Steyn Sign up for your early morning brew of the BizNews Insider to keep you up to speed with the content that matters. The newsletter will land in your inbox at 5:30am weekdays. Register here.

  Thabo speaks to Mmusi Maimane, Build One SA Leader about the highly anticipated judgement on election laws which is set to have a massive impact on the 2024 national elections.See omnystudio.com/listener for privacy information.

The Constitutional Court has given Parliament 24 months to amend a section of the Divorce Act to allow divorced spouses to claim from their exes even if they were married out of community of property. On Legal Matters, we talk to Elmarie Erasmus, a director at Clark's Attorneys, about  this recent decision by the concourt and to get a better understanding of what it means and how it would be applied going forward. See omnystudio.com/listener for privacy information.

  Clement speaks to Mbekezeli Benjamin, a Researcher at Judges Matter about senior lawyers and legal academics to be considered for direct appointments at the Constitutional Court over the long-standing practice of judges being the preferred candidates.See omnystudio.com/listener for privacy information.

Will Zuma have to return to jail after the Concourt ruling? by Radio Islam

Nomantu Nkomo-Ralehoko, MEC for Health and Wellness in Gauteng, shared more information about the fingerprint system, which will address the province's unclaimed and unidentified bodies in hospital and mortuaries in the province.See omnystudio.com/listener for privacy information.

Guest: Bernadette Wicks | EWN ReporterSee omnystudio.com/listener for privacy information.

EWN reporter Bernadette Wicks sheds more light on what the Concourt says.See omnystudio.com/listener for privacy information.

The Constitutional Court has dismissed OUTA's legal challenge in terms of the validity of the AARTO Act., which means that the demerit system in terms of traffic offences will take effect. The corruption fighting watchdog in the meantime says that government will have a hard time upholding the lawfulness of this system. Business Day TV unpacked the judgement with Stefanie Fick, Executive director of the Accountability division at OUTA

On the Kwantu Feature, we talk about the Constitutional Court judgement in the legal challenge to the Traditional and Khoi-San Leadership Act. This act has been judged as unconstitutional with the recommendation that parliament should re-enact the stature in a manner consistent with the constitution. Constance Mogale, national co-ordinator for the Alliance for Rural Democracy, joins to explain why the took the matter to court and what their concerns are regarding this piece of legislature.See omnystudio.com/listener for privacy information.

Guest: Ayesha Motala Research Officer at The Land and Accountability Research Centre (LARC) See omnystudio.com/listener for privacy information.

It's three years since the Constitutional Court instructed Parliament to approve a new Electoral Act that will transform SA's polity and encourage its best citizens to become MPs. Political parties, including president Cyril Ramaphosa, want none of it, and have applied ‘Stalingrad' tactics to delay the end of a system which prevents independents from standing for election to Parliament. Dr Michael Louis's One SA Movement is leading a group of 77 civic society bodies working to replace what was always supposed to be a temporary system. They are determined to overcome the stalling and change the system before the 2024 National Election. Dr Louis explains how to Alec Hogg of BizNews. Learn more about your ad choices. Visit megaphone.fm/adchoices

President Cyril Ramaphosa says the ConCourt judgement granting parole to Chris Hani's killer, Janusz Walus is disappointing.

Guest:  Cormac Cullinan is an Environmental Lawyer at Cullinan and Associates, and he joins John as one of the respondents in a Constitutional Court decision that marks the first-time that environmentalists have successfully invoked the SLAPP suit defense.See omnystudio.com/listener for privacy information.

The Constitutional Court has confirmed a ruling by the Gauteng High Court judgement that the Executive Ethics Code is unconstitutional and invalid in its current form. The code, as it stands, does not require members of the executive to disclose donations made to campaigns for their election to positions within political parties. The investigative journalism unit amaBhungane brought the case. Senior researcher Joel Bregman of the organisation My Vote Counts' spoke with Radio Islam international.

On Legal Matters we talk to Advocate Modidima Mannye, admitted advocate of the High Court South Africa, about the Concourt's decision on the question of whether section 24(2)(b) of the Legal Practice Act (LPA) is unconstitutional because it restricted all foreign nationals who have not been granted permanent resident status from being admitted as legal practitioners, regardless of their circumstances. See omnystudio.com/listener for privacy information.

  Professor of Political Science in UNISA Dirk Kotze is in conversation with Thabo Mdluli about the electoral amendment bill. See omnystudio.com/listener for privacy information.

Clement is joined by the Spokesperson for the Public Protector, Oupa Segalwe to talk about the Public Protector's report released yesterday about the Controversial SMS by Ismail Abramjee See omnystudio.com/listener for privacy information.