When a long-ago friend angrily lashed out at me on social media for posting an announcement of an anti-genocide protest march, what surprised me most was the utter unoriginality and cliché-ridden banality of the Hasbara talking points he was reciting
Constitutionally Speaking
Constitutionally Speaking is a blog published by Constitutionally Speaking that focuses on constitutional law and political issues in South Africa. It covers topics such as government accountability, constitutional challenges, coalition governance, public policy debates, and the legal implications of political decisions. The blog discusses matters like the constitutional validity of government actions, the dynamics of coalition governments, land expropriation laws, and the role of the judiciary in political disputes. It also addresses social and political controversies, including protests, human rights concerns, and the intersection of law and societal issues within the South African context.
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On decadent elites: Why do the work when you can just have a National Dialogue?
It is difficult not to conclude that the National Dialogue is an idiotic and self-indulgent scheme cooked up by decadent elites untethered from reality, or at least greedy to share in the spoils of the lucrative consultancy work no doubt…
MK party’s ConCourt challenge to Mchunu’s removal raises important constitutional law issues
Any invalidation further down the line of Prof Firoz Cachalia’s appointment as acting police minister would also render his decisions invalid. Things could get messy.
The muted public response to the news that the uMkhonto Wesizwe (MK) party has asked…
Budget postponement brings into sharp focus SA’s new coalition reality
The postponement of the Budget was, on balance, a positive sign. It suggests a moderate degree of pragmatism among the major players that is surprising, given how radically different the two largest coalition parties are.
Last week’s postponement of the…
On the alarmist, misleading, and anti-constitutional claims made by critics of the Expropriation Act
It should be possible for citizens with radically different political views to have constructive discussions about the merits of the Expropriation Act. But this becomes difficult when criticisms are not fact based, or are just plain false.
When I heard…
Why (almost) everything I learnt on social media about the Buffelsfontein tragedy turned out to be wrong
The SAPS’ operation Vala Umgodi which led to more than a 100 miners starving to death in shaft 10 and 11 at the Buffelsfontein mine required the complete erasure of the individual human beings who became the victims of this…
Court cases against UCT and Maties are emblematic of the ‘Mpofu-fication’ of SA universities
Even when the legal arguments in such lawfare cases are weak or absurd, the litigation itself can be of value to litigants who seek to utilise the court hearings to air a litany of real or imagined grievances.
In the…
Constitutional Court woes must be top of Chief Justice Mandisa Maya’s agenda
It is impossible to ignore recent examples of truly woeful judgments emanating from the Constitutional Court. Two recent judgments dealing with equality law illustrate this point.
The appointment of Justice Mandisa Maya as Chief Justice of South Africa has been…
Concerted effort needed from legal profession to fix ‘incompetent’ Legal Practice Council
Two recent high court judgments, as well as revelations about the politicisation of its disciplinary processes, suggest the Legal Practice Council is not currently serving the best interests of the legal profession
In June last year, I received an email…
Sharp rise in number of people shot dead by KZN cops is cause for serious concern
Police officers whose lives are endangered have the right to respond appropriately to protect themselves. But this does not justify the random killing of civilians who may or may not have been correctly identified as criminal suspects by one or…