Latest news with #ConCourt
eNCA
9 hours ago
- Politics
- eNCA
Concourt landmark rulings as it celebrates 30 years
JOHANNESBURG - This year marks 30 years since South Africa's highest court opened its doors not just as a courtroom and as a beacon of hope for justice, equality and Constitutional supremacy. Established after apartheid the Constitutional Court doors were first opened by former President Nelson Mandela in the land in 1995. Its first President was Justice Arthur Chaskalson under then Chief Justice Michael Corbett. Among the first justices on the bench were Richard Goldstone, Pius Langa and Ismail Mohamed. The court Chief Justice, Mandisa Maya. She takes over from Raymond Zondo, as the first woman to hold the position. According to Maya the ConCourt was entrusted with the responsibility to enforce constitutional limitations on the exercise of public power and safeguarding human rights. She was speaking at a celebratory event held in Braamfontein, Johannesburg on Friday. She says the court functions as an independent and impartial institution tasked to ensure compliance and provision of the constitution and serve as the ultimate arbiter of all constitutional matters. 📸| The 30th anniversary of the Constitutional Court. The @ConCourt is the apex court in South Africa and was established following the first democratic election in 1994. #GovZAUpdates — South African Government (@GovernmentZA) June 20, 2025 And over the three decades, it has done just that, handing down landmark rulings that transformed the law, protected rights and deepened constitutional democracy. Here are some of the most influential Constitutional Court rulings that changed South Africa. S v Makwanyane (1995) Issue: The death penalty Outcome: The death penalty is a cruel, inhuman and degrading punishment and it should be declared unconstitutional. It was the court's first ruling. National Coalition for Gay and Lesbian Equality v Minister of Home Affairs (1999) Issue - Same-sex marriage Outcome - The impact of discrimination on gays and lesbians is rendered more serious. And their vulnerability increased by the fact that they are a political minority, not able on their own to use political power to secure favourable legislation for themselves. This also led to the legalisation of same-sex marriage- the first in Africa. Government of the RSV v Grootboom (2000) Issue: Right to housing Outcomes: The state must devise and implement within its available resources a comprehensive and coordinated programme progressively to realise the right of access to adequate housing. Minister of Health v Treatment Action Campaign (2002) Issue - Inheritance under the African customary law of intestate succession Outcome - This ruling struck down male-only inheritance promoting gender equality. It found that the rule that male primogeniture wherein the eldest son inherits property was declared inconsistent with the Constitution and invalid, to the extent that it excludes women and extra-marital children from inheriting property. Bhe and Others v The Magistrate, (2004) Outcome - This ruling struck down male-only inheritance promoting gender equality. It found that the rule that male primogeniture wherein the eldest son inherits property was declared inconsistent with the Constitution and invalid, to the extent that it excludes women and extra-marital children from inheriting property.
The Citizen
11 hours ago
- Politics
- The Citizen
‘Money will be made available': Ramaphosa plans to make judiciary fully independent
A joint committee is now in action to finalise the process of the independence of the judiciary. Plans are underway to make South Africa's judiciary fully independent, enabling it to manage its own administration and finances, says President Cyril Ramaphosa. He was speaking during an event marking the 30th anniversary of the Constitutional Court (ConCourt) in Braamfontein on Friday. The announcement follows a recent meeting between the president and members of the judiciary, led by Chief Justice Mandisa Maya. While the judiciary is constitutionally recognised as one of the three arms of government – alongside the executive and the legislature – its administrative functions currently fall under the department of justice and constitutional development. Ramaphosa on judiciary's independence In his address, Ramaphosa emphasised the need for structural reforms to ensure the judiciary can carry out its duties independently and effectively. He referred to the judiciary's 2022/2023 annual report, which outlined challenges the ConCourt faces in meeting case finalisation targets. 'This is no doubt owing to the significant volume of cases the court is dealing with,' Ramaphosa said. 'Enhancing access to justice and improving court services has been allocated for in this year's budget and there have been increases for improving superior court services, for judicial education and support, for the filling of vacant posts and to address other funding shortfalls.' ALSO READ: Will performance of ConCourt improve in 2025? The president said that a dedicated team has been established to develop an action plan to be finalised six weeks from now. 'A joint committee is now in action to finalise this whole process of the independence of the judiciary. 'It has been an anomaly of our constitutional architecture that we've had parliament as an independent institution in our constitution fully and properly recognised, and the executive – but the judiciary has on an unfair basis had to depend on government on a variety of matters from getting approval on the appointment of people and not even being in complete control of their own budget,' said Ramaphosa. 'This comes to an end now. The judiciary will be independent. We will ensure the judiciary is rightly constituted as an equal branch of the state, same level as the executive and the legislature.' The promise of the Constitution is far from fully realised. Persistent inequality, threats to judicial independence, lack of implementation of court orders, and erosion of trust in institutions remain pressing challenges. — Cyril Ramaphosa 🇿🇦 (@CyrilRamaphosa) June 20, 2025 Budget constraints and funding strategy Speaking to the media, Ramaphosa highlighted the current fiscal challenges facing the country, but reiterated government's commitment to financially support judicial independence. 'Money is getting tighter and tighter because our fiscal situation is challenged with the lackluster growth of our economy. 'So the revenues that come into government are becoming slimmer and slimmer. However, we do need to empower various arms of the state. 'Parliament is one, the judiciary is one and the executive of course plays a leading role of the arms of the state,' the president said. READ MORE: 'Unacceptable': Judiciary budget constraints, shortage of judges and backlogs He stressed that despite budgetary constraints, funds will be made available to allow the judiciary full control over its operations. 'Money will be made available and of course to the extent that we are able to mobilise the resources as we grow the economy, the judiciary will have the money and they will be in control just as parliament is in control of its own budget. 'They will be able to embark on infrastructure projects, administrative capability, training and all those without having to always go ask for permission.' Proposals for reform The ConCourt came under criticism last year for not delivering judgments within the prescribed timeframes. The judicial norms and standards require judges to issue rulings within three months of a hearing or trial conclusion However, most courts, including the ConCourt, have often exceeded this deadline, with some judgments delayed for over six months. Several proposals have been put forward to improve the ConCourt's efficiency including amending the Constitution to permit smaller panels of three judges – rather than the full bench of 11 – to hear new applications. NOW READ: 'Free' judges, lack of resources: Hlophe bemoans judicial 'nightmare' after budget cuts
The Citizen
11-06-2025
- Health
- The Citizen
Italian writer becomes first to die under fast-track assisted suicide law
A Parkinson's-stricken writer in Tuscany has died through assisted suicide, challenging national inaction and igniting political tensions over euthanasia. A writer suffering from Parkinson's disease has become the first to die through medically assisted suicide under a fast-track regional law in Italy, campaigners said Wednesday. Daniele Pieroni died at home on May 17, three months after the new legislation was passed by regional authorities in Tuscany, the pro-euthanasia Luca Coscioni Association said. Legislation not yet adopted The Italian Constitutional Court ruled in September 2019 that assisted suicide was allowed for patients in certain circumstances. But the national parliament has yet to adopt any legislation, which means that obtaining permission to die is difficult and can take years. In February, Tuscany — ruled by the centre left — became the first of Italy's 20 regions to set out its own rules streamlining and speeding up the request process. Prime Minister Giorgia Meloni's right-wing coalition is broadly against euthanasia and is challenging the Tuscan law in court. But any decision on that will come too late to affect Pieroni's choice. Pieroni living with Parkinson's for 16 years Born in 1961, the writer had been suffering from Parkinson's disease since 2008 and was forced to use a feeding tube for 21 hours a day, the Luca Coscioni Association said in a statement. ALSO READ: 'Let me die in peace': Assisted suicide goes to court 'The lethal drug was prepared at his home, which Daniele self-administered' in the presence of doctors and his family, the statement added. It has called on other regions in the Catholic-majority country to follow Tuscany's lead. 'Too many people continue to suffer or emigrate to die with dignity,' said the association. 'We invite all regions to act to guarantee freedom and respect for people's wishes.' ConCourt makes exception Helping someone take their own life is technically illegal in Italy, punishable with between five and 12 years behind bars. But the Constitutional Court made an exception for those facing an incurable illness causing 'intolerable' physical or psychological suffering, where they are kept alive by life-support treatments but remain capable of making 'free and informed decisions'. Since the 2019 court ruling, eight people have committed medically assisted suicide in Italy, the association told AFP. The first was a tetraplegic man, Federico Carboni, 44, from the Marche region, in June 2022. NOW READ: Assisted suicide: Ultimate freedom for human beings?
Eyewitness News
02-06-2025
- Politics
- Eyewitness News
Access to details on decision to sign NHI Bill into law is a privilege, argues Ramaphosa
JOHANNESBURG - President Cyril Ramaphosa has argued that access to a record detailing what informed his decision to sign the National Health Insurance (NHI) Bill into law is a matter of privilege. The president has petitioned the Constitutional Court in an application for leave to appeal a High Court judgment over the NHI Act. In May, the court found that his decision to sign the bill into law was reviewable, ordering him to submit to the court the record of what led to his decision. However, the president argues that furnishing the court with the record is not a legal requirement. In papers before the Constitutional Court, Ramaphosa submits says various factors are considered before assenting to and signing a bill into law. ALSO READ: Ramaphosa takes his appeal against high court ruling on NHI to ConCourt Among them are the inputs by legal advisors, which the president says he has never been required to produce before and may be of a privileged nature. He adds that the record is at the heart of his performance in executing his obligations as enshrined in the constitution, and the order that he furnish the court with the record engages issues regarding the office of the presidency. This, Ramaphosa says, breaches the separation of powers doctrine, unnecessarily allowing courts to 'check the homework' of the head of State. The president further submits that the non-disclosure of the record in no way impedes parties from launching a constitutionality challenge, as this is a mechanism provided for by the Constitution.
Eyewitness News
28-05-2025
- Health
- Eyewitness News
Motsoaledi defends spending R9m on lawyers, says health dept being sued on several fronts over NHI
CAPE TOWN - Health Minister Aaron Motsoaledi said that his department was being sued on several fronts over the National Health Insurance (NHI) and was forced to hire twelve counsel. Motsoaledi told the National Assembly that the legal team, which is made up of five senior counsel and seven junior counsel, had been paid R9 million to defend the department's universal health policy and the National Health Insurance Act. ALSO READ: • Ramaphosa eyes direct appeal to ConCourt over NHI Act challenge • BHF confident it will be able to prove the NHI Act is unconstitutional • BHF, SAPPF given green light to challenge NHI Act • BHF disappointed with Motsoaledi publishing draft regulations for NHI Act, despite several court challenges The minister was responding to questions in the House as part of the social services cluster of ministers. Minister Motsoaledi was asked by the Democratic Alliance (DA)'s Michéle Clarke why he needed such a big legal team to defend the department at such a cost. "I would like to ask the minister how he justifies paying for such a huge legal team, given that hospitals can't afford food for patients and overtime for doctors?" Motsoaledi justified the cost, saying they were facing seven different litigations on two separate but related matters. "We regard this team as appropriate. The president is suing for only one case. We are sued for seven cases. And this amount of money is those that have been involved in litigation, will know how expensive senior counsel is." Motsoaledi also told MPs that medico-legal cases due to negligence were another costly burden but were mostly as a result of fraudulent claims.
