separation of powerslatest news & developments
Crisis: Malawian President Peter Mutharika’s veto exposes a legislature willing to override judicial authority in order to retain control over billions of Malawi kwacha in public development funds. Photo: State House Malawi

Malawi’s constitutional standoff

President vetoes attempt by lawmakers to amend the constitution to retain control

  • Eyaaz
7 min read
The government of national unity. Photo: @Presidency/ZA/X

SA must establish a clear separation of powers between the executive and parliament

Given the shaky coalition government, two sections in the Constitution appear to create a quandary regarding ministers actions in the cabinet

5 min read
John Hlophe was impeached for trying to sway two apex court justices to decide applications linked to the arms deal in Jacob Zuma’s favour. Picture: Werner Beukes/SAPA

Hlophe’s return would undermine integrity of JSC, court told

The unrepentant conduct of the impeached-judge-turned-politician makes him unsuitable for a body that chooses and disciplines judges

  • Des Erasmus
5 min read
The government of national unity. Photo: @Presidency/ZA/X

Principled, pragmatic law reform with promise

This contribution is a genuine effort at furthering what Andreas Schedler called “reform from below”, in his book The Self-Restraining State: Power and Accountability in New Democracies

  • Eyaaz
14 min read
The JSC in 2021 affirmed a finding by the Judicial Conduct Tribunal that Hlophe had committed gross misconduct by raising a pending ruling relating to former president and now MK party leader Jacob Zuma’s arms deal corruption case with two constitutional court justices. File photo

AfriForum heads to Concourt to challenge Hlophe’s appointment to Judicial Service Commission

The civil rights group argues that it was irrational and that parliament failed in its duty to oversee the commission

  • Des Erasmus
5 min read
Motata argues in his founding affidavit that President Cyril Ramaphosa’s decision to remove him from the bench should be set aside because he rubber-stamped a flawed decision by the National Assembly. (Paul Botes/M&G)

Former judge Nkola Motata asks Concourt to overturn his impeachment

The president’s decision to remove him from the bench was flawed, Motata said, because the National Assembly was misled when it took a vote that triggered this step

  • Des Erasmus
5 min read