HSF Briefs

Laying The Groundwork - CR17 And The Challenge To The Executive Ethics Code
Author: Zeenat Emmamally
Published: 21 Oct 2021
This is the first in a three-brief series and it deals with the relationship between donations towards campaigns within political parties and the Executive Ethics Code. The second brief will discuss the reasons the disclosure of these donations is essential and the third will consider problems with the Executive Members’ Ethics Act and the Executive Ethics Code.
Briefs Politics Governance Fighting Corruption Securing Accountability
What is a fair trial according to the European Court on Human Rights?
Author: Mihloti Basil Sherinda
Published: 19 Oct 2021
This brief discusses the right to fair trial in light of the contemporary debate on the definition of a ‘trial’. It considers the matter from an international perspective, particularly in terms of the European Convention on Human Rights (ECHR) as interpreted by the European Court on Human Rights. Fair trial rights are divided into civil and criminal. The brief argues that the right to a fair trial requires a competent tribunal to adjudicate a matter with fairness and natural justice.
Education Briefs
What Would Edmund Burke Say? Reflections on the Appointment of the Chief Justice
Author: Chelsea Ramsden
Published: 06 Oct 2021
This second of two briefs comments on the procedure adopted by President Ramaphosa to consider the appointment of the new Chief Justice. The first brief considered the process of Constitutional Court appointments. With a focus on the Judicial Service Commission interviews held in April and October 2021.
Briefs Public Interest Justice
Take Two: Appointing the Justices of the Constitutional Court
Author: Chelsea Ramsden
Published: 06 Oct 2021
This first of two briefs will consider the process of Constitutional Court appointments. With a focus on the Judicial Service Commission interviews held in April and October 2021. The second brief comments on the procedure adopted by President Ramaphosa to consider the appointment of the new Chief Justice.
Briefs Strengthening the Judicial System Public Interest Justice
Legislatures in Lockdown
Author: Christopher Fisher
Published: 28 Sep 2021
This brief argues in support of proposed amendments to the Disaster Management Act, which hold the potential to bring states of disaster under legislative supervision.
Briefs Politics Governance