Vuyani Ngalwana SC

04/04/2022

💥💥💥What a breath of fresh air!

The Judge President speaks boldly on the Role of Judges in post-apartheid Transformational Constitutionalism.

I hope this starts a national debate both within the Judiciary & in broader society.

In his 1946 essay on Politics and the English Language, George Orwell succeeded in surgically peeling off the veneer of prosaic respectability from what passes for “modern” English to expose the ugly lies ignominiously hidden beneath. Mourning the perversion of the English language – ostensibl...

17/01/2022

https://www.anchoredinlaw.net/2022/01/16/the-state-of-our-constitutional-democracy-a-practising-lawyers-perspective/

In this opinion piece I share my perspective about the state of South Africa's constitutional democracy as an advocate who practises in all the higher courts of South Africa. Indeed, I thank the avalanche of turgid reaction to Minister Lindiwe Sisulu's take on the same issue this past week. While I....

19/10/2021

In Conversation with Judge-President John Mandlakayise Hlophe.
The content you thought you'd never get💥🔥🔥💥💥.👌🏿👌🏿
Only on .net

14/06/2021

Here are ALL written & oral argument of ALL Parties in the Cape High Court Full Bench challenge to Parliament rules to remove PP, A-G & Ch 9 Commission members. Read for yourself & not rely on cherry-picked & angled version of the media👇🏿👇🏿

From Monday 7 June 2021 to Friday 11 June 2021 the Full Bench of the Western Cape High Court (that is, a Court comprising three judges) heard argument in two applications, one by the Public Protector and another by an organisation called Democracy In Action. This website was conceived in order to in...

04/06/2021

The Sub-Judice excuse has reared its anachronistic head again. Again, a politician (seemingly aided & abetted by lawyers). But what exactly is the legal position in SA on this so-called rule? Read👇🏿👇🏿

What did he know and when did he know it? That is the question that confronted then Deputy President, Cyril Ramaphosa, in Parliament in 2015. It is a question that US President Richard Nixon chose not to answer, rather than face impeachment. He resigned instead. The allegation was that President Nix...

31/05/2021

Often,a judgment does not tell the full story of the case.
Here's an invitation to law students, lawyers & non-lawyers alike. Let's poke into the law of the Ramos v Independent Media judgment. Happy discussion👇🏿👇🏿

On Friday, 28 May 2021, the Johannesburg high court declared that certain statements made about Ms Maria Ramos in print publication and other media platforms of the Independent Media are defamatory. The court ordered Independent Media to apologise to Ms Maria Ramos and retract those statements withi...

20/05/2021

And 23 years on, the Bar is still "grappling" with the same issues - and more.

30/04/2021

Part 2: The Reserve Bank Bailout of Bankorp and Absa Bank between 1985 & 1995 can still be recovered for the benefit of SA & there's no danger of "systemic risk". Find out why? Here👇🏿👇🏿

This is Part 2 of a paper on the fabled "lifeboat" or "bailout" afforded by the SA Reserve Bank to the Bankorp Group and Absa Bank between 1985 and 1995. As pointed out in Part 1 of the paper, this bailout has been the subject of three investigations: the Special Investigating Unit ("the SIU"), led....

28/04/2021

The SA Reserve Bank Bailout of Bankorp & Absa: What really happened? Find out here👇🏿

In 1999 the Special Investigating Unit ("the SIU"), following a proclamation by President Thabo Mbeki, found that the South African Reserve Bank R1.5 billion bailout of the Bankorp Group and Absa Bank was a "simulated transaction" - a gift disguised as a loan. That Report was never released by Presi...

13/04/2021

Justice Hlophe vs Justices of the Concourt Class of 2008-2012. Consider the Missing Facts

Facts Matter. The South African public's understanding of the long-running spat between the Cape Judge President, on the one hand, and Justices of the Constitutional Court acting as an institutional block, on the other, seems informed by much factual ellipsis. In this short paper, I try to present s...

07/04/2021

The Truth About Radical Economic Transformation👇🏿👇🏿

Radical Economic Transformation is anchored in the Constitution of the Republic of South Africa, 1996. Pieces of legislation have been passed in order to give effect to it. The President of South Africa pronounced it in his State of the Nation Address. Yet, the term "Radical Economic Transformation"...

01/04/2021

Know why you don't like something, someone, an idea, a philosophy, a political party, a newspaper, a publication, a speech, etc. That mainstream media deprecates it/him/her is not YOUR reason to hate it/him/her. THINK for yourself. Trust me, it's NOT that hard.