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Tag: Bill of Rights

Innocent bystanders – liability of SAPS during the July 2021 lootings

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In July 2021, South Africa was ravaged by lootings and violent protests following the incarceration of former President Jacob Zuma. Reports suggest that as many as 117 people have been killed and hundreds of businesses were lost or destroyed as a result of the violence that erupted during demonstrations across the country.

STUDY | Refugees face challenges with processes and delays

Although welcomed by South Africa, refugees and asylum seekers encounter a number of obstacles when they want to exercise their rights with regard to international law, the South African Constitution and refugee law. My doctoral study entailed a comprehensive analysis of the law and state practice on the integration of refugees in South Africa.

Does the Minister of Labour and Employment mean what he said?

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We have been consistent in saying that labour laws and the National Minimum Wage (NMW) are not benefitting the unemployed. In fact, they do the exact opposite. Parliament, as the institution that makes the laws, is failing the unemployed as it is the responsible body that brings out laws and regulations that cause an increase in unemployment.

The impact of a delayed COVID-19 vaccine programme on our constitutional...

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While there has been much anger and frustration over South Africa’s slow response in procuring and administering COVID-19 vaccines, it remains the government’s responsibility to protect its citizens from this pandemic, while upholding the rights of all South Africans enshrined by our constitution.

The Economic Regulation of Transport Bill should be abandoned

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The Economic Regulation of Transport Bill (B1-2020) published for public comment is problematic across three broad areas. It unnecessarily and unjustifiably expands the extent and potential scope of government interference in the transport sector; like much other legislation it vests executive officials, primarily here the Minister of Transport and the proposed Regulator, with discretionary powers that are not restrained by any objective guiding criteria; and it is clearly aimed at centralising governmental power away from civil society and independent institutions into the hands of the Department of Transport and its Minister. Also, it contains vague provisions that do not meet the requisite quality of legislative drafting.

High Court judgement on lockdown restrictions

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In a strong rebuke of the Minister of Cooperative Governance and Traditional Affairs, and her Director-General, Judge Norman Davis in the Pretoria High Court on Tuesday, 02 June 2020, declared the regulations issued by the Minister in terms of Section 27(2) of the Disaster Management Act to be unconstitutional and invalid.

Beware the constitutional void during the lockdown

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The lockdown has begun. Only movement deemed 'essential' is now allowed – a significant limitation if not suspension of our right to freedom of movement guaranteed in section 21 of the Constitution. This opens a can of worms that our constitutional democracy might be ill-equipped to deal with.

Respecting your employer’s right to privacy

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Every employer has a right to privacy and as such employees should tread carefully when recording business-related activities, as they could find themselves in breach of confidentiality owed to their employer. While the law provides some leeway for employers to record the conversations and activities of employees, whilst they are engaged in business related activities, and use such recordings against them, as long as it is 'in the interests of justice to do so', employees have a lot less space to manoeuvre when recording the activities of their employers

The State wants to take your house and pay you nothing

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At a time when South Africa’s economy is flatlining and Eskom is failing, Government has proposed an amendment to the Bill of Rights, which will allow it to confiscate people’s homes without compensation.

Labour Relations Act: the legality of verbal contracts

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In the recent case of NUMSA obo Nomanyane and another v Grupo Antolin (Pty) Ltd MICT28342, heard before the Metal Engineering Industry Bargaining Council (MEIBC), the Commissioner was tasked with determining whether a fixed-term contract of employment must be in writing or not.

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