Just Us Under a Tree

Elisha, Johan and Dan are joined by Mbekezeli Benjamin of Judges Matter to update you on judicial governance under lockdown, including the relationship between the Office of the Chief Justice and the Department of Justice. We bring to your attention the Chief Justice’s special Easter service: https://www.youtube.com/watch?v=PCvGzvH5zhQ.

We then focus on the role of law in the Covid lockdown. Dan covers the appointment of former ConCourt Justice Kate O’Regan as COVID-19 designate judge to oversee the government’s information-gathering for a contact-tracing database. We then provide an overview of some of the legal challenges to the state’s lockdown measures. These include the threatened challenge to the liquor ban, Afriforum and Solidarity’s challenge of affirmative action provisions on the tourism fund, lawyers having trouble with permits to travel and appear in court, a challenge to the closure of mosques without exception, the sale of baby clothes, the regulation of police and military misconduct, and Durban and Cape Town’s efforts to demolish informal settlements.

Bhavna Ramji of the Casual Workers Advice Office makes an appearance to explain their successful effort to compel employers to apply to the Disaster Fund set up to supplement the government’s Unemployment Insurance Fund on behalf of their employees.

Mbekezeli then helps us all unpack the many controversies and conflicts in the governance of Western Cape High Court since Deputy Judge President Goliath filed a JSC complaint against Judge President John Hlophe. We also unpack a shadowy paragraph of DJP Goliath’s complaint and questions it raises about judicial appointments and transformation.

We end by briefly discussing Justice Edwin Cameron’s appointment as Chief Judge of the Judicial Inspectorate for Correctional Services and why this is so important in the era of Covid-19. Edwin Cameron’s fight for humane prisons: https://www.newframe.com/edwin-camerons-fight-for-humane-prisons/.

Final mix and master by Daniel Basckin.

Outro music: ‘Monday Jam’ performed by Daniel Basckin, Jude Kenrick and Dominic Hurd (feat Zehir Omar).

On our much awaited first special episode of the year, Elisha Kunene chats to Indian lawyer and scholar Gautam Bhatia about writing, activism, and the role of law in society.

Crucial listening in the time of COVID-19.

A truncated version of this interview was published by Africa Is a Country: https://africasacountry.com/2020/05/what-are-courts-for

Read the Indian Constitutional Law and Philosophy blog: https://indconlawphil.wordpress.com/

Elisha, Johan and Dan are joined by Jason Mitchell to bring everyone up to speed on the legal developments around the coronavirus lockdown, including correspondence from the Chief Justice and applications by Hola Bona Foundation and Fair and Equitable Society before touching on the appointment of South Africa's first Solicitor General.

Dan, Elisha and Johan then catch everyone up on the latest on the Constitutional Court bench's composition, before looking at some of the Court's recent judgments on union majoritarianism (AMCU II), common purpose and rape (Tshabalala), the privacy of children witnesses in criminal proceedings (Centre for Child Law), the forfeiture of proceeds of crime (Botha), the jurisdiction of the Labour Court (Phillip Morris), union constitutions and membership (Lufil), petroleum and mootness (Normandien), and the ex lege removal and reinstatement of SANDF members (Maswanganyi).

They end by previewing the three cases on the ConCourt's role for term two: Sithole, Sibuyi, and Qwelane.

Elisha and Johan speak with Zikhona Ndlebe, Alison Tilley, and Christopher Oxtoby of Judges Matter about the importance of judges, how they're appointed, and trends in South Africa's judiciary.

Produced by Riley Pam-Grant.

In our first special episode, Elisha and Johan interview Advocate Michael Bishop of the Legal Resources Centre on the how the landmark Mwelase judgment came to be.

After a long recess, Elisha, Dan and Johan are back for episode seven of Just Us Under a Tree. After some discussion on new appointments to the Court, they briefly preview two cases set down for 2020, before recapping the host of judgments handed down since we last recorded, including: judgments on spanking (Freedom of Religion SA), the firing of Ministers (President v DA), mining rights (Magnificent Mile), suing schools (Moodley), pardons and pensions (Masemola), Afrikaans (Kanse), unlawful detention (De Klerk), and land tenure (Senqu).

They wrap up discussing some general legal news including whether the State Attorney's office needs a Solicitor General and the appointment of all-male Senior Counsel to prosecute state capture.

It's been a busy ConCourt recess: Elisha, Johan and Dan catch up on all the developments with the Public Protector, unpack some of the legal stories in the news, and preview some exciting cases forthcoming in the ConCourt.

William Shoki joins to explain India's decision to revoke the special status of Jammu and Kashmir.

Produced by Riley Pam-Grant.

Alistair Dey Van Heerden swings by to recap some major judgments in competition law, Bhavna Ramji returns following NUMSA’s victory in the ConCourt, and Dan Mafora reappears to help Elisha and Johan preview some upcoming hearings plus all things newsworthy.

Produced by Riley Pam-Grant.

Elisha and Johan are joined by Lubabalo Mabhenxa and Dan Mafora to discuss some blockbuster judgments from the ConCourt, the rest of Africa and even the United States. And perhaps they lose track of time.

Produced by Riley Pam-Grant.

Elisha and Johan host special guests Bhavna Ramji of the Casual Workers Advice Office and Emanuel Waddell from Yale Law School to recap arguments in AMCU's challenge to union majoritarianism in retrenchments, preview AMCU's case from next term on res lis pendens, and compare notes between South African and US labour law.

Produced by Riley Pam-Grant.