Mail & Guardian
Mail & Guardian
lawlatest news & developments
Madagascar’s President Andry Rajoelina is teh chair of the Southern African Development Community. (AFP)

No, the SADC chair is not a ‘European citizen’ – the law is clear

President Andry Rajoelina remains Malagasy, and he assumed the Southern African Development Community chair legitimately, as elected by his peers

Influence: Several political parties have voiced concern about overreach and lack of accountability in the judiciary. Photo: Delwyn Verasamy/M&G

Discriminatory rape law to be challenged in the Constitutional Court

By centring consent in the definition of rape, the law makes the survivor’s state of mind the battleground instead of focusing on the perpetrator’s actions, including their use…

Robert Kyagulanyi, aka ‘Bobi Wine’, leader of the National Unity Platform.

Uganda’s parliament ignores rule of law

In defiance of a supreme court ruling, Uganda’s parliament under the National Resistance Movement’s President Yoweri Museveni has passed into law that civilians can be tried in…

Members of the Black Sash and Movement for Colonial Freedom  and the Black march to South Africa House in London to deliver a memorandum to South African prime minister JG Strijdom. Photo: ulton-Deutsch Collection/Corbis/Getty Images

Apartheid, crimes against humanity: How the law remembers the past

The 80th anniversary of WWII is an opportune moment to reflect on the future of justice in South Africa

(Graphic: John McCann/M&G)

Navigating the future: Law meets the fourth industrial revolution

Legal systems need to balance accountability, fairness and transparency with innovation

South African law needs to develop and quickly catch up with the risks that generative AI poses so that we can safely exploit the far-reaching benefits and opportunities it offers.

Digital replicas: The double-edged sword of generative AI

South African law needs to deal with the dangers of generative AI so we can safely take advantage of its benefits

Watchdogs: From left, Tessa Dooms (Rivonia Circle), Wayne Duvengae (Outa), Ishmael Mkhabela (Joburg Inner city Partnership), Neeshan Balton (Ahmed Kathrada Foundation) and Rev Moss (Defend our Democracy) are members of the Joburg Crisis Alliance. (Photo by Gallo Images/Sharon Seretlo)

Law must evolve as politics changes

The rise of hung councils has required amendments to the Municipal Structures Act to improve stability and governance

At the 2026 Mining Indaba in Cape Town, the emphasis was on digitalisation and technological advancement of the industry. However, the industry recognises that cybersecurity can no longer continue to remain the unaddressed elephant in the room

South African banks scramble as cybercriminals up the ante

Cyber thefts attacking banks in ever new ways is a global problem that targets unsuspecting personal bank account holders

The uMkhonto weSizwe (MK) Party and the African Transformation Movement (ATM) have called for members of the judiciary to undergo lifestyle audits.

Biowatch betrayal denies justice

The unsettling reality of Biowatch principle neglect in lower courts imperils the constitutional integrity of South Africa

(John McCann/M&G)

When crime is cloaked as religion

Religion is often the business plan of fraudsters who lie effortlessly to their congregants

Dog owners must be aware of the legal consequences attached to the ownership of their animals.

Dangerous dogs and the law: What owners or victims of a canine attack need to know

Depending on the circumstances, ownership of a vicious dog may attract criminal and/or delictual liability

Former president Jacob Zuma. File photo: Jerome Delay/AFP

Can courts choose between the law and its consequences?

Judicial officers swear to administer justice ‘without fear, favour or prejudice’, but must consider the needs of society and what is practically doable

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act requires only that evictees be provided with alternative accommodation. (Flickr)

Evictions: Law doesn’t protect unlawful occupiers’ economic interests

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act requires only that evictees be provided with alternative accommodation

“In 2000,  South Africa was in a honeymoon phase with its judicial branch … We had Mandela. We had Chaskalson. Nothing could go wrong.”

Preserving the rule of law in times of political crisis

This is an edited version of the Inaugural Arthur Chaskalson Memorial Lecture delivered at the Equal Education Law Centre

The head of AfriForum’s private prosecution unit, Gerrie Nel, reiterated that he believed the mastermind behind the murder of Senzo Meyiwa was still walking free.
(Reuters)

Gerrie ‘The Bulldog’ Nel barks up wrong tree on Kelly Khumalo’s rights

Nel’s attempt to bring into question Khumalo’s innocence for the non-crime of soliciting a lawyer not only affects her rights but those of every South African

‘Procurement purgatory’: A legal framework in urgent need of reform

The treasury and parliament must urgently revise and table the draft public procurement bill, as a crucial step in tackling South Africa’s procurement crisis

According to media reports, a deal has been struck outside court between the Public Investment Corporation (PIC) and Iqbal Survey’s company AYO Technology. (Gallo Images / Foto24 / Lerato Maduna)

Right of reply: Banking on the truth

The big South African banks’ decision to stop serving Sekunjalo is unjustified, and we are fighting back in the courts and the Competition Tribunal

Shut out: Some small-scale farmers, such as Johannes Ntuli, have not received a cent from government despite policies that are meant to uplift them and their agribusinesses. (Delwyn Verasamy/M&G)

Lindiwe Sisulu: Whose law is it anyway?

We must overhaul a justice system that does not work for Africa and Africans. Immediate land reform is crucial now

A general view of burnt out goods after a Pick n Pay truck was torched along the N1 in Klipheuwel on July 08, 2020 in Cape Town, South Africa. It is reported that both the N7 and N1 were affected by protests after a nationwide call for truck drivers to stop operating to protest the employment of foreign drivers. The truck drivers also threatened to shut down the whole country. (Photo by Jacques Stander/Gallo Images via Getty Images)

Brakes put on foreign truck drivers

New legislation aims to protect local jobs in the transport sector amid questions as to whether SA has enough willing and skilled drivers

Former Constitutional Court Judge Albie Sachs. (Photo by ER Lombard/Gallo Images via Getty Images)

How South Africa shaped a world-leading constitution

As part of the 40th anniversary of the Canon Collins Trust, Justice Mavedzenge spoke to Albie Sachs about the legacy of apartheid-era legal activism for Southern Africa