A journalist sent me the most curious draft Bill which – if passed – would amend section 176 of the Constitution. At present that section 176, read with the relevant legislative provisions, limits the terms of Constitutional Court judges to a non-renewable term of between 12 and 15 years (up from 7 years in the interim [...]
Posts under ‘Sandile Ngcobo’
More power for the provinces?
The Constitutional Court today declared invalid the entire Communal Land Rights Act (also referred to as CLARA). In the case of Tongoane and Others v Minister for Agriculture and Land Affairs and Others the Court today found that CLARA was invalid in its entirety because it was not adopted in terms of the correct procedure [...]
Just a jump to the right?
What kind of democracy do we want in South Africa? Do we want a Westminster style winner-takes-all democracy with Parliamentary supremacy in which the majority of the moment can do as it pleases – regardless of the consequences to vulnerable and marginalised sections of society? Or do we want a constitutional democracy in which the majority of the [...]
Opposition parties shoot themselves in the foot
It is clear that President Jacob Zuma made a mistake when he announced his “nomination” of Justice Sandile Ngcobo as new Chief Justice before asking opposition parties for their opinion on the matter. He made things worse during the news conference following the announcement when he said – in response to a question – that [...]
Too early to tell?
Why has President Jacob Zuma decided to appoint Justice Sandile Ngcobo as Chief Justice? What does it say about the ANC and the President’s view on the independence of the judiciary and its role in our constitutional democracy? Justice Ngcobo will serve only 18 months as Chief Justice before President Zuma will again have the opportunity [...]
Who will be our next Chief Justice?
In the near future President Jacob Zuma will probably appoint Justice Sandile Ngcobo as our new Chief Justice. I have a high regard for Justice Ngcobo. Whether one agrees with him or not, his dissenting judgment in the Prince case (dealing with the religious freedom of a Rastafarian to use cannabis) is a work of [...]
Sandile Ngcobo Chief Justice?
The first thing that strikes me about the Constitutional Court judgment in the main Zuma application is that it was not unanimous. Justice Sandile Ngcobo dissented and would have found in favour of Zuma and Thint. Given the extraordinary political implications of the judgment, it is fair to assume that the Chief Justice would have [...]
