Legal news and commentary from the offices of Simon Dippenaar
Cape South African Jewish Board of Deputies vs. Thomas Leyland Torr We all value free speech. As a nation, we don’t condone hate speech. Section 16 of the Constitution provides the right to freedom of expression, which includes freedom of the press and other media; freedom to receive or impart information or ideas; freedom of […]
Open justice is a fundamental right In a democratic society, justice must not only be done but must be seen to be done. The right of the public to scrutinise and understand the workings of the law is a key principle of our constitutional framework. Transparency and accountability build trust and confidence in the justice […]
South Africa is not immune from human trafficking Human trafficking is an all-too-common occurrence in the modern world. Musician Sean “Diddy” Combs currently faces charges of sex trafficking and racketeering in New York, and two people in Glasgow have been arrested in connection with human trafficking offences just recently. Here in South Africa, kidnapping and […]
The importance of access to information As South Africans, we live in a democratic society and we take access to information for granted. While we may sometimes experience frustration with government obfuscation, most people agree that we have the right to be informed and we have the means to access that information, such as our […]
What constitutes discrimination? One of the principal tenets of our Constitution is equality under the law. The Bill of Rights is the cornerstone of the Constitution, and Section 9 deals with equality. Discrimination is covered in subsections 3-5, which state: (3) The state may not unfairly discriminate directly or indirectly against anyone on one or […]
Privacy and media law The right to privacy is a fundamental part of South African law, protected by the Constitution and other legislation. It allows individuals to control their personal information and keep certain details private, away from the eyes of the state or others. This can include information about home life, health and relationships. […]
Mental health is a universal human right Tuesday, 10 October, is World Mental Health Day. The World Health Organization (WHO) has set aside this day to ensure that mental health is valued, promoted, and protected. Urgent action needs to be taken to enable everyone to exercise their human rights and access the quality mental health […]
Civil society organisations’ lawsuit argues the country’s energy policy is incompatible with the constitution The recent upsurge in load shedding is proof – if proof were needed – of South Africa’s shortage of electricity generating capacity. One breakdown anywhere in the fragile system and the lights go off. So the need for additional power stations […]
SD Law takes pride in upholding our Constitution and defending our constitutional rights. We have written on numerous occasions about the different ways the values of our Constitution are applied to daily life in South Africa. We oppose any form of discrimination or human rights abuses and we welcome this announcement from Justice and Constitutional […]
We celebrate Freedom Day every year – but how much do you know about it? April is a wonderful month, packed with public holidays (especially if you count 1 May – Workers’ Day, although this year it falls on a Saturday so it doesn’t feel as much like a holiday). But how much do you […]
The power of social media is immense. So much more than a mere communication tool, it’s a cornerstone of citizen journalism and can be one of the most effective ways in which ordinary people can tell important stories as they happen. What’s more, content posted on social media can be the grounds for legal action […]
Whatever your views on the alcohol ban and curfew, this is the opinion on the potential constitutionality or otherwise of the latest lockdown regulations. It is unfortunate that the irresponsible actions of a minority have deprived the majority of South Africans, who have maturely observed the rules and patiently waited for each small concession, of […]
