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Clive Plasket
Clive Michael Plasket (born 3 October 1957) is a South African jurist and retired judge who served in the Supreme Court of Appeal from 2019 to 2022. He was formerly a judge of the Eastern Cape High Court from 2003 to 2019. Before that, he was a practising attorney and a legal academic at Rhodes University, renowned especially as an expert on administrative law. Early life and education Plasket was born on 3 October 1957 in Springs in the former Transvaal. He attended the Christian Brothers College in Springs and matriculated in 1975 at De La Salle College in Johannesburg. Thereafter he enrolled at the University of Natal's Pietermaritzburg campus, where he completed a BA in 1980, an LLB in 1982, and an LLM in 1986. In 2003, after over a decade in practice, he completed a PhD at Rhodes University. His doctoral dissertation was on judicial review of administrative action in post-apartheid South Africa. Legal and academic career Between his LLB and LLM graduations, Pla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Appeal (South Africa)
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is an appellate court in South Africa. It is located in Bloemfontein, the "judicial capital" of South Africa. History On the creation of the Union of South Africa from four British colonies in 1910, the supreme courts of the colonies became provincial divisions of the new Supreme Court of South Africa, and the Appellate Division was created as a purely appellate court superior to the provincial divisions. It was the seat of some of the country's most outstanding judges including Innes CJ, Watermeyer CJ, Galgut JA, Wessels CJ and Schreiner JA. In 1994 the Constitutional Court of South Africa was created with jurisdiction superior to the Appellate Division, but it could hear only in constitutional matters. The Appellate Division, therefore, remained the highest court in non-constitutional matters. In 1997 the Appellate Division became the Supreme Court of Appeal and was given constitutional jurisdict ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review In South Africa
A century ago, in '' Johannesburg Consolidated Investment Co v Johannesburg Town Council'', Innes CJ distinguished only three types of judicial review in the South African system: # review of the decisions of inferior courts; # the common-law review of decisions of administrative authorities; and # a "wider" form of statutory review. These three forms of review still exist today, but the list has been expanded as a result of modern developments, including and most especially the Constitution. Among the latest additions are * automatic review, which allows the decisions of inferior courts to be reconsidered in the absence of an application for review; * constitutional review, a form of review that did not exist in South Africa before 1994, but which the existence of a supreme constitution with a justiciable Bill of Rights permits; and * what used to be common-law review in administrative law but has now largely been constitutionalised by section 33 of the Constitution and placed on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blue Moonlight Properties V Occupiers Of Saratoga Avenue
''Blue Moonlight Properties 039 (Pty) Ltd v Occupiers of Saratoga Avenue and Another'', an important case in South African property law, was heard in the Witwatersrand Local Division by Judge Thokozile Masipa on 30 May 2008 File:2008 Events Collage.png, From left, clockwise: Lehman Brothers went bankrupt following the Subprime mortgage crisis; Cyclone Nargis killed more than 138,000 in Myanmar; A scene from the opening ceremony of the 2008 Summer Olympics in Beijing; ..., with judgment handed down on 12 September. Facts The applicant brought eviction proceedings against the first respondents (the occupiers) in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) The occupiers made a counter-application for an order compelling the second respondent (the city) to provide a report within two months, stating what steps it would take to provide them with temporary emergency accommodation upon their eviction from the property, and what st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mahomed Navsa
Mahomed Solomon Navsa (born 24 May 1957) is a judge of the Supreme Court of Appeal of South Africa and its Acting Deputy President in 2015."Judges of the Supreme Court of Appeal"SCA website Early life Navsa was born in 1957 in Edenvale, Gauteng. He studied at the University of the Western Cape, where he obtained a BA degree in 1978 and an LLB degree in 1980 and he also was heavily involved in setting up and running the community law clinic. Career Navsa was admitted to the Bar in 1981 and subsequently took up employment at the Legal Resources Centre, for fourteen year sand was director of the Johannesburg office from 1990 to 1994. In September 1994 he was granted senior counsel and shortly thereafter was appointed as an Acting Judge of the Supreme Court. Navsa se was appointed to the Bench in the Transvaal Division of the Supreme Court on 1 July 1995. He was appointed to the bench of the Supreme Court of Appeal with effect from 9 December 2000 and acted as Constitutional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Education
The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, compulsory primary education for all, an obligation to develop secondary education accessible to all with the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education. In 2021, 171 states were parties to the Covenant. In 2019, an estimated 260 million children worldwide did not have access to school education, and social inequality was a major cause. The Human Rights Measurement Initiative measures the right to education for countries around the world, based on their level of income. International legal basis The right to education is reflected in article 26 of the Universal Declaration of Human Rights, which states: "Everyone has t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customary Law In South Africa
South African customary law refers to a usually uncodified legal system developed and practised by the indigenous communities of South Africa. Customary law has been defined as an established system of immemorial rules evolved from the way of life and natural wants of the people, the general context of which was a matter of common knowledge, coupled with precedents applying to special cases, which were retained in the memories of the chief and his councilors, their sons and their sons' sons until forgotten, or until they became part of the immemorial rules. Most African states follow a pluralistic form of law that includes customary law, religious laws, received law (such as common law or civil law) and state legislation. The South African Constitution recognizes traditional authority and customary law under Section 211. A ruling under '' Bhe v. Magistrate, Khayelitsha'' specified that customary law was "protected by and subject to the Constitution in its own right." Customary l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Service Commission (South Africa)
The Judicial Service Commission is a body specially constituted by the South African Constitution to recommend persons for appointment to the judiciary of South Africa. History In apartheid South Africa, judges were appointed by the President, usually on the direction of the Minister of Justice, and behind closed doors. During the constitutional negotiations, it was decided that the President's power should be moderated by a special body relatively insulated from partisan interests. It was to be composed of a number of politicians, from both the ruling party and the opposition, and non-politicians, and would conduct public interviews. The Judicial Service Commission (JSC) was therefore created by the Interim Constitution. The JSC is now regulated by section 178 of the final Constitution (and by the Judicial Service Commission Act 9 of 1994). Composition In terms of section 178(1) of the Constitution, the JSC is usually composed of 25 members. This membership is divided mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grahamstown
Makhanda, also known as Grahamstown, is a town of about 140,000 people in the Eastern Cape province of South Africa. It is situated about northeast of Port Elizabeth and southwest of East London. Makhanda is the largest town in the Makana Local Municipality, and the seat of the municipal council. It also hosts Rhodes University, the Eastern Cape Division of the High Court, the South African Library for the Blind (SALB), a diocese of the Anglican Church of Southern Africa, and 6 South African Infantry Battalion. Furthermore, located approximately 3 km south-east of the town lies the world renowned Waterloo Farm, the only estuarine fossil site in the world from 360 million years ago with exceptional soft-tissue preservation. The town's name-change from Grahamstown to Makhanda was officially gazetted on 29 June 2018. The town was officially renamed to Makhanda in memory of Xhosa warrior and prophet Makhanda ka Nxele. History Founding Makhanda was founded as Grahamsto ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Resources Centre
The Legal Resources Centre (LRC) is a human rights organisation based in South Africa with offices in Johannesburg (including a Constitutional Litigation Unit), Cape Town, Durban and Grahamstown. It was founded in 1979 by a group of prominent South African lawyers, including Arthur Chaskalson, Felicia Kentridge, and Geoff Budlender, under the guidance of American civil rights lawyers Jack Greenberg and Michael Meltsner, then Director-Counsel and former First Assistant Counsel of the NAACP Legal Defense and Educational Fund respectively. The LRC is a generalist public interest law firm that engages in litigation and other activities across a wide range of focus areas, including the full range of rights in the Constitution of South Africa. The LRC has litigated many of South Africa's landmark human rights cases since its establishment, including major cases resisting apartheid injustices and cases under the new Constitution after 1994. These include S v Makwanyane' (abolishing the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorneys In South Africa
In South Africa, there are two main branches of legal practitioner: attorneys, who do legal work of all kinds, and advocates, who are specialists litigators. Attorneys may form professional firms and practice in partnerships, ranging in size to the "Big Five" law firms. The profession is regulated by the ''Attorneys Act, 1979 (Act No. 53 of 1979)''. See: Advocates in South Africa. There are currently around 21400 attorneys and 5000 candidate attorneys in South Africa, each of which are represented by the LSSA (Law Society of South Africa) Training For admission as an attorney, the academic qualification required is an LLB from a South African university; see and Legal education in South Africa. (Historically, the B.Proc. degree was also offered.) One then serves "articles" as a candidate attorney with a practicing attorney for a period specified according to the qualification of the candidate (generally two years if an appropriate legal degree has been obtained); the len ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nicholas Haysom
Nicholas Roland Leybourne "Fink" Haysom (born 21 April 1952) is a South African lawyer and diplomat who focuses on democratic governance, constitutional and electoral reforms and the reconciliation and peace process. Since 2021, he has been serving as the Special Representative of the United Nations Secretary-General and Head of the United Nations Mission in South Sudan (UNMISS). Early life and education Haysom was schooled at Michaelhouse in Natal, South Africa. Subsequently, he earned a degree in law from the University of Natal and the University of Cape Town, where was president of the Students Representative Council. In 2012, he also received an honorary Doctor of Law degree from the University of Cape Town. In 1976 Haysom became president of the National Union of South African Students (NUSAS) at a time when the anti-apartheid student organization was in disarray following the arrest of many of its leaders. He was jailed four times by the regime, including periods where ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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