The Constitutional Court today found that the President had erred and had acted irrationally by not affording the victims of “politically motivated crimes” a hearing before making a decision on whether to pardon the perpetrators of those crimes. In Albutt and Others vs President of the RSA and Others Chief Justice Ngcobo, writing for a unanimous court, [...]
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Mpshe’s appointment: scandalous attack on independence of the judiciary
Maybe we are all suffering from abuse-of-power-fatigue? What with the probably unlawful dropping of charges against President Jacob Zuma, the probably unlawful firing of Vusi Pikoli as National Director of Public Prosecutions (NDPP), the clearly unlawful granting of “medical parole” to Schabir Shaik – that “terminally ill” (ha!) friend of President Zuma’s - (the same friend who was [...]
What went right in 2009
(1) South Africa had another free and fair election (it’s fourth!) without any serious violence and the fourth democratic President was inaugurated soon afterwards.
(2) The government decisively changed direction on HIV/AIDS and President Jacob Zuma appointed a health minister who clearly understands that the problem of HIV needs to be dealt with in a comprehensive [...]
Happy holidays everyone
The brilliant Catherine Tate as “Derek”, making fun of prejudice.
Manto Tshabalala-Msimang: In her own words
Respecting the feelings of her family and friends, but not wanting to be hypocritical, I will rather not comment on the death of former health Minister Manto Tshabalala-Msimang. It is always very painful for those close to someone when he or she dies and one should respect their feelings. I am, however, reproducing several quotes from [...]
JSC, Minister doth protest too much
When Justice Minister Jeff Radebe (that guy who masterminded the scandalous decision of the JSC not to investigate the complaints of gross misconduct against John Hlophe because it feared that a real investigation would have to lead to the impeachment of Hlophe) gave a speech yesterday at the farewell for five justices of the Constitutional [...]
Do we have freedom of concience and religion at public schools?
Discussing freedom of religion and conscience protected by section 15 of the Constitution a few years ago, a Muslim student told me her Grade 1 daughter was forced to learn the song: “Fishing for Jesus.” When she complained about this to the teacher, the enterprising teacher made a plan. A few days later her daughter [...]
No place for Judge who has contempt for gay men, lesbians and HIV positive South Africans Zackie Achmat
No place for Judge who has contempt for gay men, lesbians and HIV positive South Africans
Zackie Achmat
I AGREE with the opinion held by many that Cape Judge President John Hlophe is an unprincipled and unethical person not fit to hold judicial office. However, I want to write about Hlophe’s phobias — his fear, contempt and [...]
Constitutionally Speaking is expanding
Along with the new design, Constitutionally Speaking is expanding to include two new sections. Contributions are invited to the seminar room, which is a forum for debate and discussion on constitutional law and political governance issues. Submissions must be between 700 and 3000 words and can deal with any relevant constitutionalism topic, including a comment [...]
Animal cruelty and ethical double standards
Don’t get me wrong: Like many other South Africans I love animals. Cats and dogs can be good pets (loving and loyal – especially around meal times), while a tender piece of steak (cut from the carcas of a dead calf and then lightly browned in a pan and served with mushrooms) can be extremely [...]
