• Mother Earth is the pluriversal panarium of all : the living and the dead 

  Ramose, Mogobe B. (Unisa Press, 2023-12)

  Mother Earth is the panarium of all who live and die in it. This is not restricted to human beings only. The principle of the equality of all human beings demands peaceful coexistence and mutual respect. This is not the ...
• A question of underlying interests : economic justice, constitutional history and the capture of the South African state by white economic interests 

  Sibanda, Sanele; Raboshakga, Ngwako (University of the Western Cape, 2023)

  Understanding the South African constitutional state beyond the banal framings of liberal or transformative thinking requires a reconsideration of the prevailing approach to questions of constitutional identity or character. ...
• Using laptops in prisoners' cells : failing to distinguish between differentiation and discrimination, and failing to identify a prohibited ground of discrimination - Pretorius v the Minister of Justice and Correctional Services 2018 2 SACR 501 (GP) 

  Kok, Anton; Meyer, Zoe (LexisNexis, 2023-11)

  Suid-Afrikaanse diskriminasiereg onderskei duidelik tussen blote differensiasie en diskriminasie. Blote differensiasie is meestal aanvaarbaar en howe stel 'n baie laer drempel daar vir differensiasie om grondwetlik te wees ...
• Narrating constitutional dis/order in post-1994 South Africa : a critical response to Theunis Roux 

  Modiri, Joel Malesela (Nomos Verlagsgesellschaft, 2024)

  No abstract available.
• The evolution of constitutionalism in conqueror South Africa. Was Jan Smuts right? An Ubu-ntu response 

  Ramose, Mogobe Benard (Unisa Press, 2024-02)

  The ethically unjustified violence of Western colonisation continues in the economic and epistemic spheres in Africa, despite the reluctant concession by the Western coloniser to political independence. The constitutional ...
• Is silence in the face of global injustice in the “best interests” of South African universities? 

  Lewins, Kezia; Van Heusden, Peter; Mohamed, Nazeema; Sibanda, Sanele; Pointer, Rebecca; Reynolds, Louis; Wadee, Shabbir A.; Baldwin-Ragaven, Laurel (Academy of Science of South Africa, 2025-03)

  SIGNIFICANCE : Invited to respond, we write here not to rebut every argument advanced in the provocation piece ‘Should our universities respond to geopolitical conflicts around the world?’. This would presuppose alignment ...
• Moving beyond the abyssal line : the possibillity of epistemic justice in the ‘post’-apartheid constitutionalism 

  Niemand, Lilandi (University of Pretoria, 2022)

  In this article, I reflect on the idea of a ‘post’-apartheid South African constitutionalism and the related and implicated notion of Transformative Constitutionalism by emphasising its continued bondage to a colonial ...
• The development of a western-centric notion of modernity and the inclusive reconstruction thereof according to the twail principles 

  M'membe, Makumya (University of Pretoria, 2022)

  Modernity significantly influences global action regarding social, political, and economic justice and liberation. Because of this, its flawed origins cannot simply be ignored. This article ...
• The in- or ex-clusiveness of International Law 

  Achiume, E. Tendayi (Oxford University Press, 2023-02)

  No abstract available.
• The drive towards certainty : a short reflection on “law is/as code”, complexity, and “the uncontract” 

  Jooste, Yvonne (Pretoria University Law Press, 2022)

  Increasingly, technology is used in the enforcement of legal rules. These changes, in addition to establishing new forms of regulation, have implications for the future functioning of the legal system. Most of the current ...
• A future of justice inclusion: examining access to justice in South Africa through the 'ethic of care' and 'complexity' 

  Nagtegaal, Jackie; Jooste, Yvonne (Brill Academic Publishers, 2022-05)

  In South Africa, a number of obstructions exist to realising the right to access to justice as enshrined by section 34 of the South African constitution. Globally, many countries grapple with access to justice due to a ...
• Azanian political thought and the undoing of South African knowledges 

  Modiri, Joel Malesela (Berghahn Journals, 2021-09)

  This article sets out a few key questions, themes, and problems animating an Azanian social and political philosophy, with specific reference to the radical promise of undoing South African disciplinary knowledges. The ...
• Introduction to special issue: separation of powers, the judiciary and the politics of constitutional adjudication 

  Sibanda, Sanele (Routledge, 2020)

  This special issue of the South African Journal on Human Rights arises from a general call for papers that was issued in October 2019. The special issue has come to fruition in circumstances that none of us could ever have ...
• Falling through the cracks : the plight of “over-aged” children in the public education system 

  Arendse, Lorette (Pretoria University Law Press, 2021)

  The legislative and policy framework regulating compulsory education in South Africa requires that learners beyond the age of fifteen enrol in an adult education centre to meet their educational needs. Adult education which ...
• (Un)constitutional amendments and Cameroon constitutions : strange bedfellows with the rule of law and constitutionalism 

  Wanki, Justin Ngambu (Edinburgh University Press, 2021-02)

  The article examines unconstitutional constitutional amendments in the constitutional order of Cameroon dating back from 1960 to 2008. The examination reveals that all the amendments engaged within this period fail to ...
• Revisiting personal immunities for incumbent foreign heads of state in South Africa in light of the Grace Mugabe decision 

  Dyani-Mhango, Ntombizozuko (Pretoria University Law Press (PULP), 2021)

  In the Grace Mugabe decision in which the conclusion was arrived at that Grace Mugabe was not entitled to spousal immunity by virtue of being the wife of the then incumbent foreign head of state, Vally J remarked that ...
• The powers of the South African public protector : a note on economic freedom fighters v speaker of the national assembly 

  Mhango, Mtendeweka; Dyani-Mhango, Ntombizozuko (Brill Academic Publishers, 2021)

  The scope of the powers of the Public Protector was one of the main questions for determination by the Constitutional Court in the landmark case of Economic Freedom Fighters vs Speaker of the National Assembly. This note ...
• Tax legislation and the right to equality : does section 23(m) of the Income Tax Act 58 of 1962 rationally differentiate between salaried individuals and individuals who earn their income mainly from commission? 

  Botha, Louis; Meyer, Zoe; Kok, J.A. (Anton) (Juta Law, 2020)

  The authors speculate how a court should deal with a tax matter that implicates the right to equality. Section 23(m) of the Income Tax Act 58 of 1962 squarely raises an equality dispute — in the context of rational/irrational ...
• Reflections on prosecutorial independence and impartiality in South Africa : the recent jurisprudence of the courts 

  Dyani-Mhango, Ntombizozuko (Unisa Press, 2020-07)

  Prosecutorial independence and prosecutorial impartiality are important for the effective administration of criminal justice in South Africa. These two concepts are interconnected and yet they are distinct, and distinguishable ...
• Surveillance capitalism as white world-making 

  Jooste, Yvonne (University of the Free State, 2021-07)

  The era of ‘surveillance capitalism’ as a new logic of accumulation that claims human experience as free raw material necessitates an understanding of how corporate-controlled digital communication technologies govern ...

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