The response to fake news is always tricky – the temptation is overwhelming to jump in and explain in great detail why the news is wrong, misconceived or malicious. The Chief Justice found himself in just such a position and decided to speak out against the allegations. He was joined by Judge Judge President Cagney […]
What role can judges play in preventing the Stalingrad legal strategy of criminals bent on manipulating the system? To begin let us define what we mean by a Stalingrad strategy: This is a strategy of wearing down the plaintiff by tenaciously fighting anything the plaintiff presents by whatever means possible and appealing every ruling favourable […]
Chief Justice Mogoeng occasionally laments the long, and what I understand as exhausting to peruse, judgments prepared by our Courts. I would like to suggest a focus on the length of judgments rather than their substance would be to risk a poorer justice being delivered to litigants and society as a whole. Of course, you […]
Magistrate Conjwa was unwise in putting her name forward for consideration at the JSC in October. She had been castigated by the commission in a previous interview for having had a judgment outstanding for 14 months. She came back to the JSC for a second bite at the cherry, but unbelievably enough with another judgment […]
Advocates being struck off the roll is the subject of some debate at the moment, and the question generally comes down to whether the person is ‘fit and proper.’ That sounds vague, but because the courts have spent time defining it, there are definitely circumstances where an individual can be deemed to be not fit […]
Judges Jafta and Nkabinde are determined to make legal history, but not necessarily for the right reasons. They have asked for an order of the Constitutional Court to be rescinded. “In an affidavit filed on Tuesday, Jafta said they wanted the order rescinded because the court had not given them the opportunity to make submissions […]
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