Explore publications.

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.