HSF briefs

Beyond CR17 - Problems With The Executive Members’ Ethics Act And The Executive Ethics Code
Oct 21, 2021
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Zeenat Emmamally

This is the last in a three-brief series. The first brief dealt with the relationship between donations towards campaigns within political parties and the Executive Ethics Code. The second brief discussed the reasons for disclosure of these donations. This brief considers problems with the Executive Members’ Ethics Act and the Executive Ethics Code.

What CR17 Teaches Us - The Need To Know Who Donates To Politicians’ Internal Party Campaigns
Oct 21, 2021
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Zeenat Emmamally

This is the second in a three-brief series. The first brief dealt with the relationship between donations towards campaigns within political parties and the Executive Ethics Code. This brief will discuss the reasons for disclosure of these donations. The third will consider problems with the Executive Members’ Ethics Act and the Executive Ethics Code.

Laying The Groundwork - CR17 And The Challenge To The Executive Ethics Code
Oct 21, 2021
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Zeenat Emmamally

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.

What is a fair trial according to the European Court on Human Rights?
Oct 19, 2021
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Mihloti Basil Sherinda

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.

What Would Edmund Burke Say? Reflections on the Appointment of the Chief Justice
Oct 06, 2021
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Chelsea Ramsden

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.

Take Two: Appointing the Justices of the Constitutional Court
Oct 06, 2021
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Chelsea Ramsden

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.

Legislatures in Lockdown
Sep 28, 2021
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Christopher Fisher

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.