Explore publications.

The Constitution of the Republic of South Africa, 1996, grants all official languages parity of esteem and equal treatment. The Constitution also recognises injustices of the past and historical diminished use of indigenous (African) languages. It is against this backdrop that this democratic constitution calls-upon the national and provincial government to take practical and positive measures in encouraging the use and elevation of the status of African languages. In advocating for these languages, the Constitution declares that a minimum of two official languages be used by the government in executing government activities. Contrastingly, the heads of court resolutions in 2017 declared English a lingua franca in South African courts. In a diverse country such as South Africa with twelve official languages, this raises critical concerns in terms of the country’s diversity, inclusivity, and multilingualism policies. With a distinct focus on Eastern Cape legal courts, this study examines the constitutional linguistic rights on the use of English as a lingua franca in South African courts system. The study adopted a qualitative research approach embedded within the exploratory-explanatory research design. The data was obtained from secondary sources, which in this context are judicial precedents. To analyse the collected data, close-reading and thematic content analysis techniques were adopted. The findings of the study exhibit English as a language of power and access in law, this positions African languages at the periphery, limiting their development and incorporation in legalese. Also, the use of English as a lingua franca in the Eastern Cape courts contravenes the provisions of the Constitution of the Republic of South Africa, 1996. This study submits that legal practitioners and linguists should critically explore, language studies to bridge the knowledge gap.  Additionally, the government should create channels which allow the practical use of African languages in the court of law.                                                                                                                                             

South Africa continues to experience a prevalent predisposition to using diversity to over-emphasise difference to justify exclusion at the expense of a constitutionally inspired social cohesion. However, research has yet to highlight essentialist diversity discourse that undermines the aim of social cohesion in South Africa. Accordingly, this study examines the constructs of essentialist diversity discourse that undermine the aim of social cohesion in Post-Apartheid South Africa. This study utilised an inductive qualitative content analysis approach. Data, in particular, secondary text collected from court judgements, was analysed using qualitative inductive content analysis. The inductive qualitative content analysis highlights that linguicism, historicentrism, cultural and heritage purism and racial supremacy constitute key essentialist diversity discourse, manifest exclusion and divisions. The constructs of the essentialist discourse of diversity fragment the South African society and undermine the inclusivity as the aims of social cohesion. The findings indicate that the government needs to focus on promoting multiculturalism through celebrating differences and highlighting an inclusive narrative to make communities comfortable with being different together in order to make progress towards social cohesion in South Africa

The Madlanga Commission represents an important but understudied moment in South Africa’s evolving system of constitutional oversight. Established to investigate allegations of administrative irregularities, governance failures, and breaches of ethical conduct, the Commission provides rich insights into the persistent challenges confronting public sector accountability. This conceptual article critically examines the Madlanga Commission through the lens of South Africa’s constitutional mandate of oversight, drawing specifically on Sections 41, 55, 92, 195 and 195(1)(f), as well as broader principles of democratic governance and administrative justice. Using a qualitative, desktop-based analytical approach, the article synthesises publicly available evidence and applies thematic governance frameworks—including Accountability Theory, Democratic Oversight Theory, and the Constitutionalism Model—to assess the Commission’s findings and implications. The analysis demonstrates that the Commission exposed deep structural weaknesses in the public service, including blurred lines of authority, weak compliance cultures, politicised administration, and fragmented accountability mechanisms. The article argues that the lessons emerging from the Commission remain crucial for enhancing the integrity, transparency, and responsiveness of public sector institutions in South Africa. It concludes by outlining a set of strategic governance reforms, including strengthened oversight bodies, clearer reporting lines, enhanced ethical leadership, and improved implementation monitoring. The study contributes to scholarly debates on oversight effectiveness in emerging democracies and offers practical recommendations for policymakers tasked with strengthening constitutional governance.

The Labour Court examined enforcing a restraint of trade clause against a senior employee fired after over three decades in Future Packaging and Machinery (Pty) Ltd v Polti. This dispute hinged on whether the court may enforce a national restraint clause for 36 months under section 22 of the Constitution of South Africa, 1996, which protects the right to freely select a trade. Proceedings revealed that the employee worked for a competitor, violating his contract.Based on Magna Alloys, Basson, and Reddy, the court reiterated that limitations are permissible but unenforceable if against public policy and unjust. The court found that the employer had a protectable interest, but it deducted the employee's suspension from the restraint. The court also ruled the restraint appropriate without explanation. The judgement adds to trade jurisprudence's constraint. The court underlines that employees, regardless of status, should honour their contractual commitments but also that the breadth and length of the restraint must be balanced. The judgement balances contractual commitments with constitutional ideals.

This article aims to elucidate the effectiveness of ward committees in providing oversight within the local government framework, specifically focusing on the City of Ekurhuleni. Known as the "place of peace," Ekurhuleni is one of the largest metropolitan municipalities in South Africa, situated within Gauteng Province, also referred to as the Gauteng City Region (GCR). Notably, extensive literature exists addressing the role of ward committees across various municipal categories in South Africa, particularly regarding their function in facilitating public participation across different spheres of government. The primary objective of this paper is to outline, analyse, and evaluate the impact of ward committees on municipal governance, with an emphasis on their role in promoting effective oversight to ensure enhanced governance and service delivery. Key aspects of this discussion will include the necessity of reviewing Section 73 of the Municipal Structures Act of 1998. This statute mandates the establishment of ward committees by local government, which are expected to function in alignment with the elected political office's term of five years. The research methodology employed is predominantly desktop-based, utilising secondary data sourced from academic journals and relevant publications. This approach facilitates a comprehensive outline of existing literature concerning ward committees and public participation. Additionally, the article references a selection of published works that provide insights into the achievements of ward committees, while also identifying existing gaps within the current body of knowledge.

This case note critically analyses the Labour Court’s decision in JDJ Diagnostics (Pty) Ltd v Michael Kruger and Others under Case No: D705/2023 delivered on 30 April 2025 (JDJ Diagnostics), which highlights the procedural firmness required in applications to stay the enforcement of arbitration awards under the Labour Relations Act 66 of 1995 (LRA). JDJ Diagnostics’ failure to substantiate its claim of urgency, comply with section 145(8), or justify nonconformity under section 145(3) led to the dismissal of its urgent application. The case illustrates the judiciary’s firm stance against abuse of court processes in the aftermath of the 2014 amendment of the LRA, which shifted toward formalisation in review procedures. Drawing on case law and scholarly publications, the case note explores how the court’s reasoning reflects broader trends in labour dispute resolution, reinforcing the binding nature of arbitration awards and the evidentiary burden on employers seeking to delay enforcement. The judgment confirms that the furnishing of security is no longer discretionary but foundational, marking a continued evolution towards enforcement, fairness, and efficiency in the speedy resolution of disputes in the South African labour law landscape.

As South Africa enters its fourth decades of democratic governance there is growing debate about the way intergovernmental support and intervention is understood from operational perspectives, particularly as pertains to the management of local government. It is not clear how national and provincial governments apply intergovernmental support, control and checking mechanisms before the mandatory interventions through Section 139 of the Constitution of South Africa (1996) becomes a necessity. This article aims to contribute to this contemporary discourse by providing a critical account of the role of intergovernmental support and intervention to local government in provincial contexts. The article follows qualitative approach. It argues that a capable local government is possible if there is enough intergovernmental support from provincial and national governments. It further argues mandatory interventions are not helpful, and that their parameters should be revisited and certainly, limit those to cases of ‘absolute’ impossibilities. In the end, the article recommended key ‘intergovernmental support’ channels and measures that provinces can use to aid municipalities facing crisis situations.   

The establishment of South Africa’s 2024 Government of National Unity (GNU) marks a significant departure from post-apartheid electoral norms, raising critical questions about the constitutional viability of coalition governance amid political fragmentation. This paper interrogates whether the existing constitutional framework adequately supports a GNU model under contemporary conditions of socio-economic strain and institutional fragility. Through a qualitative legal analysis of constitutional texts, key policy documents, political declarations, and jurisprudential trends, the study assesses how mechanisms such as separation of powers, executive authority, and intergovernmental cooperation are interpreted and deployed within unity arrangements. It traces the historical emergence of power-sharing in South Africa, comparing the 1994 transitional GNU to the current iteration, and identifies core challenges such as executive ambiguity, accountability erosion, and legal uncertainty. The paper further evaluates the role of civil society, the judiciary, and political culture in safeguarding constitutional order. By synthesizing insights from state performance, party behavior, and legal analysis, it identifies both limitations and reform opportunities within South Africa’s constitutional architecture. The study concludes with recommendations for strengthening democratic resilience through clearer legal design, institutional clarity, and enhanced civic engagement, contributing to global discourse on constitutional adaptability in emerging democracies.

This article critically examines the constitutional tension between the right to freedom of expression and the rights to equality and dignity in adjudicating racially charged political speech in South Africa. It focuses on the controversial chant "Kill the Boer" and interrogates how courts navigate the competing imperatives of protecting political expression while upholding non-racialism, equality, and human dignity. Through doctrinal and comparative analysis, including cases from Kenya and Rwanda, the article identifies inconsistencies in South African jurisprudence, particularly regarding symbolic speech and its real-world impact on minority communities. It highlights the judiciary's tendency to underplay psychological and symbolic harm, which undermines public trust and the transformative vision of the Constitution. The article further addresses the study's limitations, such as the limited engagement with primary data and potential judicial biases. It proposes reforms that prioritise restorative constitutionalism and a more context-sensitive approach to adjudicating hate speech, considering the feasibility of such measures within South Africa’s resource-constrained legal framework. The study contributes to broader debates on how transitional democracies can address historical injustice without enabling new forms of exclusion or harm.

This study examines the challenges and effectiveness of witness protection measures within South Africa’s Criminal Justice System (CJS). Witnesses play a pivotal role in court proceedings, yet many remain unprotected, leading to case withdrawals or unjust acquittals due to intimidation and threats. A qualitative research approach was employed, utilising face-to-face interviews with 13 participants from the Free State’s National Prosecuting Authority (NPA) and the South African Police Service (SAPS). Thematic analysis was used to evaluate key trends and concerns. The study identifies critical gaps in witness protection, including inadequate public awareness, strict eligibility criteria, and insufficient safeguarding of whistle-blowers. These limitations reduce the effectiveness of the Witness Protection Programme (WPP). The study advocates for an enhanced witness protection framework, recommending legislative reforms, improved resource allocation, and increased public participation.

In this case note, we disagree with the Labour Appeal Court’s decision in which it found that the dismissal of an employee for testing positive for cannabis consumed in her private home was unfair on account of discrimination. In particular, we hold the view that the finding that the employer could not prove intoxication, was misconceived. We argue that because the employee admitted to being dependent on cannabis, proof of intoxication or impairment was unwarranted. We lean on the literature which evinces that cannabis users suffer from cognitive deficits. We then argue that cognitive decline is no more than an impairment that may affect productivity.

The Life Esidimeni tragedy represents one of the most egregious human rights violations in South Africa's contemporary history. This article examines the series of events that led to the deaths of 141 mental healthcare patients and the severe maltreatment of over 1,400 others following their forced relocation from the Life Esidimeni facility to various unlicensed NGOs. The Gauteng Department of Health's decision to end its contract with Life Esidimeni without adequate planning or consultation led to a humanitarian disaster characterized by neglect, abuse, and gross violations of human rights. This paper reviews the timeline of events, the systemic failures, and the outcomes of various inquiries and legal proceedings, drawing lessons from the incident to inform future healthcare policies and practices. The findings emphasize the need for stringent oversight, transparent decision-making processes, and the protection of vulnerable populations in healthcare settings. The discussion reflects on the broader implications for mental healthcare reform and the importance of accountability and justice in preventing such tragedies. It also underlines the necessity of comprehensive policy frameworks and robust enforcement mechanisms to safeguard the rights and well-being of mental healthcare users.

This article seeks to give an overview of public participation in local government, with a focus on the City of Ekurhuleni. City of Ekurhuleni “place of peace” is one of the biggest (8) eight Metropolitan municipalities in South Africa which is located within Gauteng Province which is also known as GCR (Gauteng City Region). It is on record that there are more studies that has been done on public participation in different categories of municipalities in South Africa, including the public participation to the broader citizens within different spheres of government. Therefore, this paper’s aim is to outline, analysis and review some of the critical factors which the municipalities must consider towards its initiatives on public participation practices and forums. Some of the key aspects which gives an impactful view are the communication methods used by municipalities, including other spheres of government to reach community members. This paper will also assist in making an impactful assessment on the current trends and best practices within municipalities on how public participation processes are done, whether there is a gap identified which needs both academic and experiential attention thereon. The desktop-based research methods were used in conducting the research by reviewing secondary data which is available from journals. The aforesaid above was done with a view to outline what has been published in terms of the public participation literature, furthermore; there are few published articles which were consulted to get a deeper understanding around public participation achievements and the gaps thereon.

Municipalities are mandated to follow the principles of democracy, accountability, and good governance. This is evident in the delivery of basic services. Municipalities are directly responsible for ensuring that communities have water, sanitation, and so on, and that community members have a voice that affects their existence. This is, however, not the case in most South African communities, where squalor and sordid conditions prevail. In 2021, it was reported that 64 municipalities were dysfunctional and that the dysfunction was attributed to “poor governance, weak institutional capacity, poor financial management, corruption, and political instability”. A Code of Conduct is available in the South African public sector, governing the behavior and work ethic of public officials, councillors, and the like. Yet corruption and maladministration at the local government level prevail. Therefore, the Local Government Ethical Leadership Initiative was launched in 2020 with the view of devising another code focused on ethical governance in South African local government by October 2023. The research question that this article addresses is centered on whether a new code of conduct is needed and whether the problem with the existing code does not lie with its enforcement or the ethnicity of the public officials in leadership positions and their view on how to conduct business. The article employed a qualitative research approach where secondary sources of information, constituting document analysis, premised around disruption and ethnic leadership as well as the legislative framework in relation to the Code of Conduct governing South African local government in particular and anti-corrupt behavior in general, were explored. Four provinces were purposefully selected to partake in the study. Extracts from the AG’s report formed the locus of the study. It was found that one cannot explicitly say that ethnicity plays a role in how municipalities are governed. However, governance in selected provinces was marred by poor governance practices and inadequate leadership. The Code of Conduct for Public Servants is generally not adhered to. Further research around ethnic leadership in the South African public sector is called for.

South Africa and the world at large continue to experience storms of natural disasters such as the COVID-19 pandemic which pose a great negative impact on people’s livelihood such as loss of lives. To mitigate such negative effects and respond effectively to natural disasters, there is a need for legislative frameworks and policies that must guide the process. In South Africa for instance, disaster legislations were used by the government to inform and guide their response to the COVID-19 pandemic. It is from this background that the researcher developed a hunch to analyse the South African natural disaster and related legislations that were applicable to the response to the COVID-19 pandemic in South Africa. This study adopted the non-empirical research method wherein existing literature was reviewed. The researcher reviewed and analysed documents on the South African disaster legislation from search engines such as EBSCOhost, google scholar and ProQuest. The inductive Thematic Content Analysis (TCA) was used to analyse the collected data. The primary finding of this study revealed that legislation played an important role in guiding the COVID-19 response of the South African government. The underlined conclusion suggests that disaster legislation, programs and policies should focus on effective prevention, effective reduction, promotion of well-being, and harmless responses to individuals.