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Home Archive by category Courts

Courts

U.S.: Obamacare faces another challenge

Stephen Wermiel/ScotusBlog "When the Supreme Court takes up the Affordable Care Act again on March 4, the fate of President Obama’s health-care law will once again be on the line, as it was in 2012. Only this time, the Court will be playing a different...

February 19, 2015  By Law Thinker    Posted In  Courts  Featured 

South Africa: Chief Justice Mogoeng and the battle for judicial independence

IMAGE: Flickr/University of the North West Earlier this week, I wrote on Daily Maverick about a heated battle between the Ministry of Justice and the Judiciary in South Africa. The Chief Justice, the Head of the Judiciary in the terms of the Constitution...

December 5, 2014  By Brad Cibane   Posted In  Courts  Governance 

South Africa: Supreme Court rules that agreements can be varied or cancelled by e-mail

IMAGE: Wikimedia Commons In contractual agreements, we often encounter clauses of this nature: 'No variation or consensual cancellation would be effective unless reduced to writing and signed by parties.' These clauses, sometimes referred to as "non-variation...

November 26, 2014  By Cebo Nzuzonhle Nzuza   Posted In  Case Notes  Courts 

What the Ugandan Constitutional Court said about the Anti Homosexuality Act

IMAGE: Amnesty International This is a delayed post. We thank the Ugandan Legal Information Institute for making the decision of the Ugandan Constitutional Court freely available online. In August the Ugandan Constitutional Court handed down judgment...

November 10, 2014  By Brad Cibane   Posted In  Courts 

South Africa: RH v DE – adultery no longer a ground for damages

On 26 September 2014, Justice Brand ruled on behalf of the full Supreme Court of Appeal (SCA) bench that, “[I]n the light of the changing mores of our society, the delictual action based on adultery of the innocent spouse has become outdated and can no longer...

September 29, 2014  By Cebo Nzuzonhle Nzuza   Posted In  Case Notes  Courts  Featured 

South Africa: OSCAR PISTORIUS FULL JUDGMENT (PDF)

Please see below the PDF link to Judge Masipa's full judgment. THE STATE v OSCAR LEONARD CARL PISTORIUS (hover over .pdf link)

September 16, 2014  By Law Thinker    Posted In  Courts 

Is it because Oscar Pistorius is privileged white male?

Judge Masipa’s verdict in the Oscar Pistorius trial has caused quite a public furore. Contrary to the public’s chants that Pistorius should burn at the stake, she ruled that Pistorius did not have the requisite intention to commit murder and she convicted...

September 14, 2014  By Brad Cibane   Posted In  Courts  Featured 

Zimbabwe: The end of criminal defamation?

Has the Constitutional Court of Zimbabwe ended criminal defamation in it's latest judgment? It is unfortunate that the media reports on the recent judgment of the Constitutional Court in Chimakure v The Attorney General of Zimbabwe Case No 247/09, handed...

July 25, 2014  By Peacemore Mhodi   Posted In  Analysis  Courts 

The ‘new’ Constitutional Court of Zimbabwe: Is it really ‘new’?

On 16 March 2013 Zimbabweans voted with an overwhelming “yes” for a draft constitution. The draft was published in the Gazette on 29 March 2013 as Constitution of Zimbabwe Amendment (No 20) Act. Having been approved by the bicameral parliament in mid-May,...

July 11, 2014  By Peacemore Mhodi   Posted In  Courts 

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