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Journal articles on the topic 'Judges – South Africa – Biography'

Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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1

Olaussen, Maria. "Free-Lancers and Literary Biography in South Africa (review)." Research in African Literatures 34, no. 1 (2003): 188–89. http://dx.doi.org/10.1353/ral.2003.0014.

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2

LODGE, TOM. "Paper Monuments: Political Biography in the New South Africa." South African Historical Journal 28, no. 1 (1993): 249–69. http://dx.doi.org/10.1080/02582479308671977.

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3

Jacobs, Nancy J., and Andrew Bank. "Biography in post-apartheid South Africa: A call for awkwardness." African Studies 78, no. 2 (2019): 165–82. http://dx.doi.org/10.1080/00020184.2019.1569428.

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4

O'Regan, Kate. "Justice & Memory: South Africa's Constitutional Court." Daedalus 143, no. 3 (2014): 168–78. http://dx.doi.org/10.1162/daed_a_00297.

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In a society such as South Africa in which the past has been deeply unjust, and in which the law and judges have been central to that injustice, establishing a shared conception of justice is particularly hard. There are four important strands of history and memory that affect the conception of justice in democratic, post-apartheid South Africa. Two of these, the role of law in the implementation of apartheid, and the grant of amnesty to perpetrators of gross human rights violations, are strands of memory that tend to undermine the establishment of a shared expectation of justice through law.

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5

Hatchard, John. "The Constitutional Court of South Africa Delivers its First Judgments." Journal of African Law 39, no. 2 (1995): 232–33. http://dx.doi.org/10.1017/s0021855300006422.

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The first term of the Constitutional Court began in February 1995. The Court is made up of 11 judges, five of whom, namely Mr Arthur Chaskalson (President), Mr Justice Goldstone, Mr Justice Laurie Ackermann, Mr Justice Ishmail Mohamed, and Mr Justice Tholakele Madlain, were appointed by the President of the Republic in consultation with the Cabinet and the Chief Justice. The remaining six members were appointed by the President of the Republic after consultation with the President of the Court and the Cabinet and following the making of recommendations by the Judicial Service Commission (JSC).

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6

DIGBY, ANNE. "EARLY BLACK DOCTORS IN SOUTH AFRICA." Journal of African History 46, no. 3 (2005): 427–54. http://dx.doi.org/10.1017/s0021853705000836.

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The article adopts the approach of a group biography in discussing the careers and ambitions of early black South African doctors selecting both those trained abroad, and the first cohorts trained within South Africa who graduated at the Universities of Cape Town and the Witwatersrand from 1945–6. It focuses on the ambiguities involved, by looking at tensions between professional altruism and entrepreneurialism in pursuing a medical career, as well as that between self-interest and selflessness in attempting to balance the requirements of a medical practice against those involved in political

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7

Corder, Hugh. "Judicial authority in a changing South Africa." Legal Studies 24, no. 1-2 (2004): 253–74. http://dx.doi.org/10.1111/j.1748-121x.2004.tb00250.x.

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‘Our legal system cannot be outclassed … There are attacks, incriminations and accusations that our judgments in law are not objective and independent … To say our courts are just and impartial is not saying much. The truth is that there are no courts anywhere in the world whose judges' … integrity is higher than ours.’H J Coetsee, Minister of Justice, 1986‘The South African Constitution is different [from those which formalise an historical consensus of values]: it retains from the past only what is defensible and represents a decisive break from, and a ringing rejection of, that part of the

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8

Theron, Leona Valerie. "Leadership, Social Justice and Transformation – Inspire a Leader." Potchefstroom Electronic Law Journal 21 (April 18, 2018): 1–10. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4949.

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Transformation is not impossible. In 1994 there were about 150 judges in this country. Of this number, one was female and one was black. Today there are 227 judges in South Africa, of whom 82 are female and 145 male. 34% are white and 64% are black. The judiciary has been totally transformed. This can and should happen in other areas.

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9

Klaaren, Jonathan. "Current Demographics in Large Corporate Law Firms in South Africa." African Journal of Legal Studies 8, no. 1-2 (2015): 174–81. http://dx.doi.org/10.1163/17087384-12342059.

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By contrast with the judges and the advocates, the issue of race and gender representivity in the attorneys segment of the legal profession generally and in large corporate law firms specifically has not received significant attention, in part due to the lack of accurate statistics and a thin research tradition. Addressing the gap, a 2013 survey investigated the demographics of legal professionals in large corporate law firms in South Africa. The chief finding of the survey is that South Africa’s major corporate law firms are still dominated by white men, especially in their upper echelons. Fu

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10

Sachs, Albie. "Judges and Gender: The Constitutional Rights of Women in a Post-Apartheid South Africa." Agenda, no. 7 (1990): 1. http://dx.doi.org/10.2307/4065494.

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11

Cowling, M. G. "Judges and the Protection of Human Rights in South Africa: Articulating the Inarticulate Premiss." South African Journal on Human Rights 3, no. 2 (1987): 177–201. http://dx.doi.org/10.1080/02587203.1987.11827720.

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12

Venzke, Ingo. "Public Interests in the International Court of Justice—A Comparison Between Nuclear Arms Race (2016) and South West Africa (1966)." AJIL Unbound 111 (2017): 68–74. http://dx.doi.org/10.1017/aju.2017.23.

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In the present essay I compare the 2016 judgment of the International Court of Justice (ICJ) in Nuclear Arms Race (Marshall Islands v. United Kingdom) with the Court's 1966 judgment in South West Africa (Ethiopia v. South Africa; Liberia v. South Africa). A series of similarities between the two judgments are obvious: They are two of the three cases in the history of the Court in which the judges were equally split and the President had to cast his tie-breaking vote. The critique of the judgments has been exceptionally strong, in 2016 as in 1966. The core of the critique, then as now, has prac

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13

Meyerson, Denise. "Extra-Judicial Service on the Part of Judges: Constitutional Impediments in Australia and South Africa." Oxford University Commonwealth Law Journal 3, no. 2 (2003): 181–200. http://dx.doi.org/10.1080/14729342.2003.11421429.

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14

Cameron, Edwin. "Judges, justice, and public power: the constitution and the rule of law in South Africa." Oxford University Commonwealth Law Journal 18, no. 1 (2018): 73–97. http://dx.doi.org/10.1080/14729342.2018.1455478.

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15

Hudson, Graham. "Neither Here nor There: The (Non-) Impact of International Law on Judicial Reasoning in Canada and South Africa." Canadian Journal of Law & Jurisprudence 21, no. 2 (2008): 321–54. http://dx.doi.org/10.1017/s0841820900004446.

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In this paper, the author explores the question of whether formalizing the Canadian law of reception would lead to an increase in the domestic influence of international law. He begins by briefly recounting Canada’s decidedly informal law of reception and, through a review of academic commentary, suggests a relationship between informality and international law’s historically weak influence on judicial reasoning. Tying this commentary to seemingly sociological perspectives on globalization, judges’ international legal personality and the changing forms and functions of law, he forwards the hyp

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16

Mokopakgosi, Brian T., and Keith Irvine. "The Encyclopedia Africana Dictionary of African Biography, Volume III: South Africa-Botswana-Lesotho-Swaziland." International Journal of African Historical Studies 30, no. 3 (1997): 627. http://dx.doi.org/10.2307/220591.

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Tshivhase, AE. "Institutionalising a military judicial office and improving security of tenure of military judges in South Africa." Law, Democracy & Development 19, no. 1 (2015): 79. http://dx.doi.org/10.4314/ldd.v19i1.4.

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18

Modisane, Litheko. "Experiments in cinematic biography: Ken Gampu’s early life in the cinema." Journal of African Cinemas 12, no. 2-3 (2020): 119–35. http://dx.doi.org/10.1386/jac_00032_1.

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Contemporary scholarship on South African film is yet to address the participation of Black actors in film production, exhibition and publicity. The actors’ interpretive roles in the films, their memories and experiences, and the contradictions of their participation in colonial films and beyond, form part of an unexplored and hidden archive in South African film scholarship. This article focuses on Ken Gampu’s early life in the cinema by reflecting on his participation in two films: a western The Hellions and the drama Dingaka. Gampu was a well-known South African actor and also the first Bla

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WELLS, JULIA C. "EVA'S MEN: GENDER AND POWER IN THE ESTABLISHMENT OF THE CAPE OF GOOD HOPE, 1652–74." Journal of African History 39, no. 3 (1998): 417–37. http://dx.doi.org/10.1017/s0021853798007300.

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Quite possibly, Eva, born Krotoa, is the most written about African woman in South African historiography. Her name fills the journals of the Dutch East India Company almost from the very start of their little feeding-station at the Cape of Good Hope in 1652. She is known as a Khoena girl taken into Dutch commander Jan Van Riebeeck's household from the age of about twelve, who later became a key interpreter for the Dutch, was baptised, married Danish surgeon, Pieter Van Meerhoff, but then died as a drunken prostitute after his death. Yet her persona remains an enigma. As Christina Landman put

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20

Dladla, Ndumiso. "Post-Script to Racism and the Marginal[isation] of African Philosophy in South Africa." Phronimon 18 (February 22, 2018): 249–55. http://dx.doi.org/10.25159/2413-3086/3761.

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A short essay reflecting around some of the academic political struggles that took place in the process of writing this article. In the essay we examine the review reports accompanying the rejection of the essay and consider this against the ease with which it was published in a foreign and reputable journal. We consider that the article provided evidence for its argument through its own biography and from the end of its life as set of homeless scribbles conclude that the status quo must be challenged immediately if the future African student is to inheit a more just academy than we did.

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Moseneke, Dikgang. "The courtroom as TV studio: the case of the Oscar Pistorius trial." International Journal of Law in Context 14, no. 4 (2018): 493–503. http://dx.doi.org/10.1017/s1744552318000204.

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AbstractIn 2014, something happened that changed how the media report on court proceedings in South Africa. The Oscar Pistorius trial proceedings attracted much media attention. International journalists flocked into South Africa in droves. Our newspapers, our televisions, our radios, even our Facebook feeds were flooded with information. An entire twenty-four-hour television channel was created with the sole purpose of televising, and then discussing, the proceedings. Everything about the trial – the judge's rulings, the witnesses who gave evidence and especially the verdict – clogged social-

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22

Bertelsmann, Eberhard. "Die rol van en beperkings op die regbank om sosiale vrede in Suid-Afrika te bevorder." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 2 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2012/v15i2a2475.

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Judge Eberhard Bertelsmann of the North Gauteng High Court delivered the address published here as he delivered it in Afrikaans in the series of FW de Klerk lectures in Potchefstroom on 20 February 2012. He dealt with the role of and limitations on the judiciary to promote social peace in South Africa, pointing out the achievements of the courts in the establishment of the constitutional dispensation over the past decades. He however also showed that the courts are over-burdened and that court administration leaves much to be desired. Litigants and practitioners do not hesitate to abuse the sy

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23

Farlam, Ian. "The old authorities in South African practice." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no. 4 (2007): 399–408. http://dx.doi.org/10.1163/157181907782912336.

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AbstractThe old authorities have been quoted in, and relied on by, the courts of the Cape and subsequently in the other territories making up the Republic of South Africa from the foundation of the colony by the Dutch East India Company in the middle of the seventeenth century. By the end of the nineteenth century not only were the main authorities extensively quoted in the courts but the doctrines they contained were being incorporated in the textbooks that were being written. And that is still the position. It is not likely that the new generation of judges to be appointed in the next few de

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24

Golan, Daphna. "The Life Story of King Shaka and Gender Tensions in the Zulu State." History in Africa 17 (January 1990): 95–111. http://dx.doi.org/10.2307/3171808.

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Hundreds of poems, novels, plays, and films have been devoted to Shaka, the king of the Zulu. His life story has been created anew each generation, and his image has changed over the years. For many whites he represents barbarism; for many blacks both within and outside South Africa, he has become a symbol of power. The ways in which Shaka has been portrayed reveal trends of thought and ideological influences prevailing in each period. They record the shifts in white conceptions of blacks in South Africa, and some of the developments in black consciousness.In this study I suggest that the core

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25

Thiedemann, Hilke. "The Lawful Judge – A comparative survey on the allocation of cases to judges in South Africa and Germany." Verfassung in Recht und Übersee 36, no. 2 (2003): 228–60. http://dx.doi.org/10.5771/0506-7286-2003-2-228.

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26

Olaussen, Maria. "BOOK REVIEW: Stephen Gray.FREE-LANCERS AND LITERARY BIOGRAPHY IN SOUTH AFRICA. Cross/Cultures 36. Amsterdam: Rodopi, 1999." Research in African Literatures 34, no. 1 (2003): 188–89. http://dx.doi.org/10.2979/ral.2003.34.1.188.

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27

Giliomee, Hermann. "Rediscovering and Re-imagining the Afrikaners in a New South Africa: Autobiographical Notes on Writing an Uncommon Biography." Itinerario 27, no. 3-4 (2003): 9–48. http://dx.doi.org/10.1017/s0165115300020763.

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As a historian I have worked on and have been shaped by two great struggles: the one between whites and blacks for control over South Africa and the Afrikaner-English struggle over which white community was dominant. The former struggle was clear-cut, but the latter was ambiguous and took many forms. It was waged over South Africa's relationship with Britain, the national symbols and languages, and the higher moral ground. The first section of the article provides a brief sketch of the latter struggle which influenced my career strongly.

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28

Abungu, Cecil. "Revisiting the Place of Preparatory Documents in the Interpretation of Transformative Constitutions." ICL Journal 13, no. 1 (2019): 65–81. http://dx.doi.org/10.1515/icl-2018-0052.

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Abstract South Africa and Kenya are among some nations that have adopted what are referred to as ‘transformative constitutions’, with the aim of bringing about radical change that would repair the cumulatively deep fissures in their societies. In order to determine how to satisfactorily give these constitutions effect, judges may undertake to first understand the people’s past experiences and how that informed the constitutional provisions that were adopted. This will in turn allow them to grasp what sort of transformation the people sought. One of the sources by which to undertake such a task

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29

Pomerance, Michla. "Case Analysis: The ICJ and South West Africa (Namibia): A Retrospective Legal/Political Assessment." Leiden Journal of International Law 12, no. 2 (1999): 425–36. http://dx.doi.org/10.1017/s0922156599000199.

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No single political issue has engaged the ICJ more than that of South West Africa (Namibia). Over a period ranging from 1949 through 1971, recourse was had to the Court, both in its advisory and contentious capacities, on various aspects of the problem. Even today, after Namibia attained independence, the Court's jurisprudence and the saga of UN-Court relations in this matter continue to intrigue. This is because the questions raised have continuing relevance to many issues bearing on international law and international relations.Much has been, and will be, written on the approach of the Court

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30

Schutte, Gerrit. "Kanttekeningen bij het Merkwaardig Verhaal van M.C. Vos." STJ | Stellenbosch Theological Journal 6, no. 2 (2021): 363–76. http://dx.doi.org/10.17570/stj.2020.v6n2.a16.

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The Rev M.C. Vos (1759-1825), born at the Cape, clergyman in The Netherlands, at the Cape and Sri Lanka, is known as an initiator of the mission in South Africa. His life is mostly based on his autobiography Merkwaardig verhaal (1824). Some factual historical remarks learn, however, that his autobiography is far from a virtual (auto)biography, it is his story of God’s guidance in his life and an incentive to a religious revival.

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31

Forsyth, Christopher. "The Judges and judicial choice: some thoughts on the appellate division of the supreme court of South Africa since 1950." Journal of Southern African Studies 12, no. 1 (1985): 102–14. http://dx.doi.org/10.1080/03057078508708113.

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32

Ally, Dane. "A Comparative Analysis of the Constitutional Frameworks for the Removal of Judges in the Jurisdictions of Kenya and South Africa." ATHENS JOURNAL OF LAW 2, no. 3 (2016): 137–58. http://dx.doi.org/10.30958/ajl.2-3-2.

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33

CAMPBELL, JAMES T. "ROMANTIC REVOLUTIONARIES: DAVID IVON JONES, S. P. BUNTING AND THE ORIGINS OF NON-RACIAL POLITICS IN SOUTH AFRICA." Journal of African History 39, no. 2 (1998): 313–28. http://dx.doi.org/10.1017/s0021853798007208.

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The Delegate for Africa: David Ivon Jones, 1883–1924. By Baruch Hirson and Gwyn A. Williams. London: Core Publications, 1995. Pp. x+272. £8.50, paperback (ISBN 897640-02-1).S. P. Bunting: A Political Biography, new edition. By Edward Roux. Bellville: Mayibuye Books. 1993. Pp. 200. No price given, paperback (ISBN 1-86808-162-1).Outsiders looking at the recent history of South African politics are apt to be struck by two conundrums. How can a nation that pushed the logic of ‘race’ as far as any society in history also have produced one of the world's most enduring non-racial political traditions

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34

Gorelik, Boris M. "Valery Bryusov’s “Unnamed” Muse. A South African Epilogue." Literary Fact, no. 17 (2020): 281–91. http://dx.doi.org/10.22455/2541-8297-2020-17-281-291.

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In the past ten years, biographers of Valery Bryusov pointed out that it was necessary to continue research into the life of M.V. Wulffahrt, to whom Bryusov dedicated the fourteenth sonnet of his Fatal Set. Her image permeated Bryusov’s love poems in 1914–1915, the period when he was particularly close with her. The histo- ry of their relationship was thoroughly researched by analysing their correspondence preserved in the Russian State Library. However, until now, scholars were unable to extend her biography past the end of her love affair with Bryusov. The task has been accomplished by using

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35

Ventura, Manuel J. "Prosecutor v. Al-Bashir." American Journal of International Law 111, no. 4 (2017): 1007–13. http://dx.doi.org/10.1017/ajil.2017.95.

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On July 6, 2017, Pre-Trial Chamber II of the International Criminal Court (the Court or ICC)—composed of Judges Tarfusser, Perrin de Brichambaut, and Chung—held that South Africa violated the Rome Statute of the ICC (Rome Statute) by failing to arrest and surrender to the Court President Omar Al-Bashir of Sudan when he visited the country in June 2015. However, the Court did not refer the matter to the ICC Assembly of States Parties (ASP) or the United Nations Security Council (UNSC) pursuant to Article 87(7) of the Rome Statute. The decision added South Africa to a list of ICC state parties t

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36

McCreath, Haneen, and Raymond Koen. "Defending the Absurd: The Iconoclast's Guide to Section 47(1) of the Superior Courts Act 10 of 2013." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 5 (2017): 1827. http://dx.doi.org/10.17159/1727-3781/2014/v17i5a2154.

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This contribution was intended as a defence of section 25(1) of the Supreme Court Act 59 of 1959. However, the Supreme Court Act was repealed in August 2013 and replaced by the Superior Courts Act 10 of 2013, and in the process section 25(1) of the former gave way to section 47(1) of the latter. Both sections concern the doctrine of leave to sue judges in South Africa. Both prescribe that any civil litigation against a judge requires the consent of the court out of which such litigation is to be launched. Both apply to civil suits against judges for damage caused by either their judicial or th

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37

Stacey, Richard. "The Magnetism of Moral Reasoning and the Principle of Proportionality in Comparative Constitutional Adjudication." American Journal of Comparative Law 67, no. 2 (2019): 435–75. http://dx.doi.org/10.1093/ajcl/avz015.

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Abstract A constitutional limitations clause manages the conflict between constitutional rights and the legislative pursuit of broader social objectives. In six paradigm postwar constitutional democracies—Canada, Germany, India, Israel, Poland, and South Africa—the principle of proportionality has emerged as the analytical fulcrum of the judicial inquiry into the constitutionality of rights limitations. Criticism of the principle of proportionality has crystallized into three main objections: proportionality analysis devalues rights by exposing them to the ordinary processes of political barga

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Nwauche, ES. "A return to the manifest justice principle: a critical examination of the "reasonable suspicion/apprehension of bias" and "real possibility of bias" tests for judicial bias in South Africa and England." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 2 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2004/v7i2a2848.

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The impartiality of judges often expressed in the Latin maxim nemo iudex in propria causa interpreted to mean that no man should be a judge in his own cause together with the right of fair hearing make up the right to natural justice. This principle is recognized by a number of provisions of the Constitution of the Republic of South Africa, 1996. Section 165 (4) provides that the organs of state shall through legislative and other measures assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness. Furthermore, section 34 of the same Cons

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Flanagan, Brian, and Sinéad Ahern. "JUDICIAL DECISION-MAKING AND TRANSNATIONAL LAW: A SURVEY OF COMMON LAW SUPREME COURT JUDGES." International and Comparative Law Quarterly 60, no. 1 (2011): 1–28. http://dx.doi.org/10.1017/s0020589310000655.

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AbstractThis is a survey study of 43 judges from the British House of Lords, the Caribbean Court of Justice, the High Court of Australia, the Constitutional Court of South Africa, and the Supreme Courts of Ireland, India, Israel, Canada, New Zealand and the United States on the use of foreign law in constitutional rights cases. We find that the conception of apex judges citing foreign law as a source of persuasive authority (associated with Anne-Marie Slaughter, Vicki Jackson and Chris McCrudden) is of limited application. Citational opportunism and the aspiration to membership of an emerging

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40

Rossouw, Elsie Adriana, and Sebastiaan Rothmann. "Work beliefs, work-role fit, and well-being of judges in South Africa: Effects on intention to leave and organisational citizenship behaviour." Journal of Psychology in Africa 30, no. 4 (2020): 277–88. http://dx.doi.org/10.1080/14330237.2020.1777032.

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41

O’Byrne, Ryan Joseph. "Occult Economies, Demonic Gifts, and Ontological Alterity: An Evangelical Biography of Evil and Redemption in Rural South Sudan." Journal of Religion in Africa 50, no. 1-2 (2021): 137–55. http://dx.doi.org/10.1163/15700666-12340182.

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Abstract This paper recounts the autobiography of an evangelical South Sudanese pastor who has been under water to the land of demons, telling of cosmic flows of persons, power, and wealth between times, places, and dimensions. Although it builds on stories circulating across Africa since colonial times and emphasises paradigms found throughout the occult economies literature, what is significant about this autobiography is that it relates the narrator’s own experience. This is important because although these occult elements reference global processes, the narrative given is as much about the

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42

Venter, Francois. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 2 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2009/v12i2a2780.

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The oratio of Judge Deon van Zyl (currently Inspecting Judge: Inspectorate of Correctional Services) on the Judiciary as a Bastion of the Legal Order in Challenging Times appears in this issue at a time when the independence of the judiciary, the structures of the courts and various occurrences involving judges and the rule of law are topical in the public debate in South Africa. The paper was delivered in October 2008 as the annual FW de Klerk Lecture and it closes with the words: ". . . it is what they say and do in good faith and with reference to the moral values of the community they serv

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43

Louw, Andre M. "Yet Another Call for a Greater Role for Good Faith in the South African Law of Contract: Can we banish the Law of the Jungle, while avoiding the Elephant in the Room?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 5 (2017): 43. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2431.

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This article examines the current approach of the South African courts to the role of good faith or bona fides in contracts, as well as the courts’ stated reasons for this approach. The article specifically examines how arguments based on good faith have fared in the Constitutional Court to date, and the prospects for law reform to emanate from that court in the near future. The author suggests an understanding of good faith which he believes is in line with the Constitution of the Republic of South Africa, 1996 and argues that in terms of such an understanding of a robust good faith doctrine

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44

Stack, E. M., D. Grenville, R. Poole, H. Harnett, and E. Horn. "Commissioner for Inland Revenue v Lever Brothers and Unilever Ltd: A practical problem of source." Southern African Business Review 19 (February 12, 2019): 161–82. http://dx.doi.org/10.25159/1998-8125/5795.

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Lever Brothers, the South African tax case that formed the basis of this research, was concerned with determining the source of interest income. In its time, this was one of the landmark cases and established tax principles that were valid for 54 years, until superseded by changes to legislation20The research presented a critical analysis of the three judgments in the case, exposing weaknesses in each. It also provided a condensed account of the history of the company, the historical era in which the transactions giving rise to the case took place, a glimpse into the lives of the judges, as we

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Mgoqi, Wallace. "The Work of the Legal Resources Centre in South Africa in the Area of Human Rights Promotion and Protection." Journal of African Law 36, no. 1 (1992): 1–10. http://dx.doi.org/10.1017/s0021855300009682.

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The Legal Resources Centre (LRC) is a non-profit-making law centre. Its aims are to encourage belief in the value of law as an instrument of justice and to give practical effect to this goal by providing legal and educational services in the public interest. It is controlled and funded by the Legal Resources Trust (LRT) which is a South African charitable and educational trust registered under the Fundraising Act. It is supported by development agencies, corporations, charitable foundations and concerned individuals. The trustees include judges, senior advocates and attorneys. For the fiscal y

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Chirninov, Aldar Munkozhargalovich. "The impact of procedural aspects of constitutional control upon the style of argumentation: comparative research." Право и политика, no. 9 (September 2020): 33–46. http://dx.doi.org/10.7256/2454-0706.2020.9.33730.

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The article examines the procedural aspects of constitutional review that affect the style of constitutional reasoning. The author identifies and analyzes the rules of judicial review of legislation that determine the design of argumentation techniques, using the experience of Russia, Australia, Austria, Germany, Israel, Spain, Italy, Canada, the United States, Taiwan, France, and South Africa as an empirical basis for research. The study suggests a set of such comparison criteria as model of constitutional review, specific rules of procedure, including the way the judges put questions to the

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Malan, Koos. "Reassessing Judicial Independence and Impartiality against the Backdrop of Judicial Appointments in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 5 (2017): 2040. http://dx.doi.org/10.17159/1727-3781/2014/v17i5a2156.

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The South African Judicial Service Commission (JSC), considered to be exemplary for its independence, plays a pivotal part in judicial appointments. Yet the Commission has long been marred by tensions that have lately erupted into a full-blown conflict between those who could here be referred to as the transformationists, on the one hand, and the liberals, on the other. The transformationists, who may generally be regarded as falling within the sphere of influence of the ruling elite under the African National Congress (ANC), are bent on pursuing the policy of transformation. Hence they insist

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Ginsburg, Tom. "Courts and New Democracies: Recent Works." Law & Social Inquiry 37, no. 03 (2012): 720–42. http://dx.doi.org/10.1111/j.1747-4469.2012.01318.x.

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Recent literature on comparative judicial politics reveals a variety of roles that courts adopt in the process of democratization. These include, very rarely, serving as a trigger for democratization and, more commonly, serving as downstream guarantor for departing autocrats or as downstream consolidator of democracy. In light of these roles, this article reviews six relatively recent books: Courts in Latin America, edited by Helmke and Rios-Figueroa (2011); Judges Beyond Politics in Democracy and Dictatorship: Lessons from Chile, by Hilbink (2007); Cultures of Legality: Judicialization and Po

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Shillington, Kevin. "The Encyclopaedia Africana Dictionary of African Biography III, South Africa, Botswana, Lesotho, Swaziland. Algonac MI: Encyclopaedia Africana Project, Reference Publications, 1995, 304 pp." Africa 69, no. 3 (1999): 475–76. http://dx.doi.org/10.2307/1161237.

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Singh, Annie, and Moreblessing Zaryl Bhero. "Judicial Law-Making: Unlocking the Creative Powers of Judges in Terms of Section 39(2) of the Constitution." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (November 17, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1504.

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The law-making role of judges has always been the subject of much controversy. For a good many a year and especially during the apartheid regime, the approach to statutory interpretation that dominated the South African courts was the orthodox textual position. According to the textualists, as they were referred to, the position that was adopted was that legislation was to be interpreted within the framework of the words used by the legislature. The courts were not empowered to make any modifications, alterations or additions to the legislative text, as this function was solely the responsibil

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