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IOL News
15 hours ago
- Politics
- IOL News
Constitutional Court: Champion of the People or Protector of the Elite?
South Africa's first woman Chief Justice and the head of the Constitutional Court Mandisa at her interview with the Judicial Services Commission on February 2, 2022. Image: Timothy Bernard/African News Agency(ANA) Kim Heller The thirty-year-old Constitutional Court is a living shrine to the supreme pledge of equality and justice in democratic South Africa. The real test of the highest court in the land is whether it is an effectual guardian of the people, especially of the most powerless and marginalised in society. In the injustice of apartheid, courts accorded legality to an inhumane regime and the judiciary was weaponised against the African majority. In democratic South Africa, justice must be done and seen to be done so that the historically disempowered can believe in the promise of a free and equitable nation. Early landmark judgments in the Constitutional Court affirmed the right of citizens to access life-saving HIV treatment, adequate water and housing. These judgements created an air of optimism that the apex court would be a faithful chamber of justice for ordinary South Africans. Another important victory for citizens was the Constitutional Court's ruling that permits civil rights organisations and individuals to present cases before it. However, the vital mission of safeguarding citizens' rights and improving fair access to justice has been frustrated by the sluggish enactment of crucial judgments on socio-economic rights, impaired state capacity, and a lack of government accountability. Recent entanglements of the Court in political wars have also negatively affected its standing and trustworthiness. The 2021 Constitutional Court's sentencing of former President Jacob Zuma to fifteen months in prison for contempt of Court without a criminal trial was celebrated by many of his political opponents. Amidst this cheer from his rivals, many ordinary South Africans saw this ruling as an ominous political weaponisation of the judiciary and a wretched betrayal of justice. Fury mounted, people protested, and over three hundred were killed in one of the worst outbreaks of civil turmoil in democratic South Africa. President Cyril Ramaphosa's Phala Phala matter was a case that tested the Constitutional Court's impartiality. After a Parliamentary Section 89 panel found prima facie evidence of misconduct by the President, he approached the Constitutional Court to review and set aside the panel's report. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Ramaphosa's bid was dismissed, and the President was duly directed to the High Court. Many hailed this as an expression of equality before the law in South Africa. A grand show of exercising justice without fear or favour. Few wanted to recognise this as a potentially cowardly act driven by a fear of ruling on such a sensitive matter involving the first citizen of the country. The long delay by the Constitutional Court in delivering a judgment on the EFF and ATM's challenge to the National Assembly's decision not to act on the Section 89 panel findings raises concerns about the court's impartiality, constitutional accountability, and the burning issue of delaying justice. Politically charged, expedient legal judgements set a dangerous precedent for any court of law. The contamination of a single judgement can cast doubt over the entire body of good work done by the Constitutional Court and forever tarnish its standing as an independent legal organ. When legal precepts are sacrificed on the altar of political expediency, no one wins. Justice Edwin Cameron has spoken of how the legitimacy of the judiciary rests on the faith of ordinary people that "judges will protect the weak against the strong" and "the poor against the powerful." Research conducted by the Institute for Justice and Reconciliation (IJR) in 2023 showed that trust in the Constitutional Court had plummeted by over 20% since 2007. This decline is echoed in Stats SA's 2023 data, which revealed that trust in the judiciary was falling "consistent with wider patterns of disillusionment in state institutions." The IJR notes that "South Africans are increasingly seeing the judiciary as part of an elite compact that does not serve their interests". The responsibility of the Constitutional Court in democratic South Africa is monumental, given the country's history of racial oppression and lingering structural inequality. Access to justice is a cardinal pillar of democracy and essential to the Constitutional promise of equality for all. Former Deputy Chief Justice Dikgang Moseneke wrote how courts must never evade their responsibility as agencies of change. Justice Albie Sachs spoke of how constitutionalism is not about fine words on paper but that it is about the living pulse of justice in people's lives. Then South African President Thabo Mvuyelwa Mbeki is sworn in as President of the Republic of South Africa by the President of the Constitutional Court Justice Arthur Chaskalson (C) and Chief Justice Ismail Mohammed (L) at the Union Buildings in Pretoria, 16 June 1999. Image: AFP Transformative constitutionalism places the judiciary at the forefront of addressing structural inequality and fostering a new compact of social parity. However, the chasm between the lofty promises of the Constitution and the everyday injustices that still plague the majority of South Africans is vast. The real work and true triumphs of the Constitutional Court lie in delivering justice to the poor and marginalised by helping to dislodge inequality rather than perpetuate it. If it is to be a guard dog of elites rather than a guardian of the people, its promise will fade as surely as the Rainbow Nation itself. In an interview with City Press in 2020, Dr Muzi Sikhakhane SC spoke about how justice needs to be accessible to all rather than being the exclusive preserve of those who are experts in navigating the complexities of law. As the Constitutional Court steers its future it must avoid becoming a faraway fortress or an exclusive carriage of legal privilege. Extensive outreach programmes on legal rights and legal access would help boost it as an organ of people's power. The inclusion of African languages as languages of record in all courts across South Africa, including the apex court, is imperative if justice is to be done. Justice Albie Sachs spoke of how we do not want our Constitution to be 'a castle for the rich and powerful' and how rather we want it to be a refuge for the poor and marginalised. Our expectations of the judiciary may be too high. After all, the rule of law is not a precise science. Nor is it a godly creation or a holy piece of art. It is but the handiwork of men and women flawed by their specific biases, interests, and life orientations. The Constitutional Court, like our fragile democracy, is a work in progress. * Kim Heller is a political analyst and author of No White Lies: Black Politics and White Power in South Africa. ** The views expressed do not necessarily reflect the views of IOL, Independent Media or The African.
IOL News
3 days ago
- Business
- IOL News
Joburg appeals R12. 4 million damages ruling over hijacked building
The former Chung Hua Mansions in Jeppe Street, now renovated into student accommodation. The City of Johannesburg is challenging a high court ruling ordering the municipality to pay R12.4 million in damages for failing to provide emergency accommodation for occupiers of a hijacked building. Image: Timothy Bernard / Independent Newspapers The City of Johannesburg is heading to the Supreme Court of Appeal (SCA) to challenge a high court ruling ordering it to pay almost R12.4 million for failing to accommodate occupiers of a hijacked building. In March, Gauteng High Court, Johannesburg Acting Judge Dephny Mahosi ordered the municipality to pay Changing Tides 74, owners of the 11-storey building known as Chung Hau Mansions on Jeppe Street in the city's central business district, nearly R12.4m after it failed to provide secure emergency accommodation to 249 men, women and children. The city did not provide the accommodation despite being ordered by the high court to do so as the property was unlawfully occupied and referred to as a "hijacked building". According to Changing Tides 74's submissions in court, the company stated that had it not been for the municipality's unlawful and negligent conduct it would have regained possession of the property at the end of January 2013, renovated it for about 10 months and rented it out to students from February the following year. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Changing Tides 74 only managed to take possession of its property in January 2016 and could only start earning a rental income with effect from February 2017. As a result, it lost income for 30 months between February 2014 and February 2017. Acting Judge Mahosi found that the quantum of the damages suffered by Changing Tides 74 was about R12.4m including mora interest of 11.75% per annum (the current mora rate) from the date of summons to the date of final payment. The acting judge also slammed the City of Joburg, stating that its conduct and Stalingrad approach (delaying court processes) to the litigation from the commencement of the dispute justified an order of costs on a punitive scale. The municipality then filed an application for leave to appeal Acting Judge Mahosi's ruling, arguing that the case raises complex questions of law. The City of Joburg told the court that it erred in its approach to wrongfulness as an element of delictual liability and as a result conflated the test for wrongfulness and fault. In addition, the city also contended that the judgment set a precedent for future delictual (wrongful and blameworthy conduct) claims against municipalities who failed to provide emergency accommodation to evictees. It insisted that this was a matter of public interest that is likely to affect landowners and local authorities across the country and the judgment raises essential questions of constitutional rights and obligations. Acting Judge Mahosi granted leave to appeal to the SCA.
IOL News
5 days ago
- Entertainment
- IOL News
Nomzamo Mbatha, Bonko Khoza and more stars turn heads at 'Shaka iLembe' season 2 launch
"Shaka iLembe" actors Lemogang Tsipa, Nomzamo Mbatha and Zamani Mbatha. Picture: Timothy Bernard/Independent Newspapers Image: Timothy Bernard/Independent Newspapers African royalty lit up the gold carpet at the launch of season two of Mzansi Magic's award-winning series 'Shaka iLembe'. Mzansi stars made sure to put their best fashion foot forward and supported local designers with their outfits. From House of NTU, ImprintZA, NN Vintage to Gert Johan Coetzee were some of the local designers spotted on the gold carpet. Drums and traditional dancing had Montecasino in Fourways Johannesburg buzzing. Actors Bonko and Lesego Khoza on the gold carpet at the "Shaka iLembe" season two premiere. Picture: Timothy Bernard/Independent Newspapers Image: Timothy Bernard/Independent Newspapers Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Actor Bonko Khoza and his wife Lesego matched in blue for their entrance on the gold carpet. Lesego was dressed in a beaded couture look by Ntsike Ensembled that had her looking like the bell of the ball. Bonko for his first look was dressed by House Of Suitability, he later changed into a second look when he hosted the premiere's proceedings. House Of Suitability also dressed actor Vuyo Biyela, whose look was a fusion of African Royalty - with the hat borrowed from Nigeria and leopard skin for the Zulu touch. Musician and 'Genesis' actress also dazzled in blue in an outfit by NN Vintage that honoured her Tswana culture, with a little Zulu flair in honour of the occasion. Musician and actress KB Motsilanyane on the gold carpet at the "Shaka iLembe" season two premiere. Picture: Timothy Bernard/Independent Newspapers Image: Timothy Bernard/Independent Newspapers Presenter Ntombee Ngcobo-Mzolo enlisted ImprintZA for her outfits for the gold carpet and her premiere hosting duties, but her outfits failed to impress fashion critics. The cast of 'The Real Housewives of Durban' made an appearance on the gold carpet but some of the cast members' outfits were giving unplanned. Jojo Robinson threw on a leopard print jumpsuit, in the name of Zulu and Londie London even repeated an outfit but sustainable fashion, so how can we judge? Actress Sive Mabuya, also practised sustainable fashion by repeating her Xhosa wedding dress, for the premiere and added accessories from Sheila Masondo, who is the costume designer for 'Shaka iLembe'. The cast of season five of "The Real Housewives of Durban" on the gold carpet at the "Shaka iLembe" season two premiere. Picture: Timothy Bernard/Independent Newspapers Image: Timothy Bernard/Independent Newspapers Nomzamo Mbatha was the talk of the premiere, in her one-of-a-kind couture dress by Gert Johan Coetzee. The couture ensemble entirely handcrafted took over 260 meticulous hours to complete, featuring more than 10,000 individually hand-stitched beads and over 1000 cowrie shells. Mbatha who is also an executive producer and lead actress of the historic series, wore the design with striking pride, turning heads all over the venue.
IOL News
13-06-2025
- Entertainment
- IOL News
TxC receives a hero's welcome after their win at the 2025 BET Awards
The Eastern Cape duo were named Best New International Act at the 2025 BET Awards, held on Monday, June 9 at the Peacock Theatre in Los Angeles. Image: Instagram. South Africa's dynamic DJ duo, TxC, returned to a hero's welcome at OR Tambo International Airport on Thursday, June 12, following their historic triumph at the 2025 BET Awards in Los Angeles. The duo made up of Tarryn Reid and Clairise Hefke were crowned Best New International Act, marking not only a personal achievement but a monumental step for the South African amapiano music scene. The celebration, organised by the Department of Sports, Arts and Culture in collaboration with BET, saw fans, media and dignitaries, all united in honouring the duo's remarkable win. TxC at OR Tambo International Airport on Thursday, June 12. Image: Timothy Bernard. Supporters waved flags and cheered, showcasing the deep appreciation for TxC's contribution to elevating South African music on a global platform. 'TxC's victory is a proud moment for South Africa and the African continent. Their sound, energy, and authenticity have resonated globally, proving that our culture and creativity know no bounds. We salute them for flying the South African flag high and inspiring a new generation of artists," said Matome Chiloane, the MEC of Education, Sports, Arts, Culture and Recreation. TxC at their welcome celebration at OR Tambo International Airport on Thursday, June 12. Image: Timothy Bernard. TxC took a moment to express their gratitude at the BET Awards, sharing: "It's an honour being here as a South African. Where we're from this doesn't really happen to a lot of people and we hope it's going to happen a lot more. More so for amapiano and African dance music, so it's a big deal for South Africa and Africa in general," said the duo. They added during another interview: "Winning a BET Award is beyond our wildest dreams. We are so grateful to our fans, our team and everyone who believed in us. This award is not just for us, it's for every young African creative with a dream. We're honoured to represent South Africa and can't wait to celebrate this moment with our people at home."
IOL News
11-06-2025
- Politics
- IOL News
R32 million spent on Gauteng road upgrade 'that only exists on Google Maps'
The state of Evaton Road in Small Farms in the Vaal despite the Gauteng provincial roads and transport department stating it spent over R32 million upgrading it. Image: Timothy Bernard / Independent Newspapers The Gauteng provincial roads and transport department is under fire after revealing spending over R32 million upgrading a stretch of Evaton Road in the Vaal, yet the area has nothing to show for it. Instead, Evaton Road between Adams and Selbourne roads in Small Farms has a gravel street, a footpath over a stream and an illegal dumping site. Excerpt of former Gauteng premier David Makhura's speech during his state of the province address in 2016. Image: Screenshot Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The area is between iMfundo Primary School and Tokelo Secondary School and is separated by the Rietspruit stream. During his 2016 state of the province address, then Gauteng premier David Makhura announced that his administration would upgrade Evaton Road between Adams and Selbourne roads. Part of Evaton Road between Adams and Selbourne that the Gauteng provincial roads and transport department says cost more than R32 million to upgrade. Image: Timothy Bernard / Independent Newspapers DA member of the Gauteng provincial legislature Kingsol Chabalala asked the roads and transport MEC Kedibone Diale-Tlabela about the promised upgrade. She indicated that the project started in October 2017 and was completed at the end of August 2017. Diale-Tlabela said her department was happy with the work done by the service providers as the project was well implemented. According to her written reply in the legislature, the main contractor was paid nearly R17.3m while the consultant received over R6.1m. A dozen local small, medium and micro enterprises and subcontractors, who provided plant, grader and watercut hire, consulting works, roadworks, rental and storage of tools, security and completed shoulders, repairs, concrete drains and the cleaning of the roads, received just over R8.6m. However, a recent visit to the area showed that Evaton Road between Adams and Selbourne roads has not been upgraded. Residents who asked not to identified complained that during the rainy season, children attending both iMfundo Primary School and Tokelo Secondary School are unable to cross the Rietspruit stream and are forced to walk a longer distance. 'The road only exists on Google Maps,' complained one resident, who lives opposite one of the schools. Another resident echoed similar sentiments: 'The funeral procession of an elderly neighbour could not reach the man's house due to the state of the road and it gets flooded whenever it rains'. Chabalala said the DA was outraged when it heard that the department has not upgraded Evaton Road between Adams and Selbourne roads. 'This [is] despite the promises made by former Gauteng Premier David Makhura in 2016 that they will be upgrading the road. This road remains in a terrible condition. It is unrehabilitated and poses a safety risk for motorists and pedestrians,' he said. Chabalala said this contradicted Diale-Tlabela's claim that the road was upgraded, and the project was well implemented. 'The DA Gauteng will request the chairperson of the roads and transport portfolio committee in the Gauteng provincial legislature to arrange an oversight inspection to assess the state of the roads,' he said. Chabalala warned that should the committee confirm that the road was not upgraded, the DA will report Diale-Tlabela to the legislature's ethics committee for misleading the House. 'She must explain what happened to the money she claims was spent upgrading the roads,' he added. The department did not respond to questions sent on Friday.
