On Tuesday, 29 December 2020, the Constitutional Court heard the State Capture Commission’s application to compel the former President Zuma both to appear and give evidence before it. This application comes after the Chairperson of the Commission, Deputy Chief Justice Zondo (‘the DCJ’), dismissed an application for his recusal brought…

“The rule of law is an ideal of good government. By calling it an ideal, I am not suggesting it is utopian. I mean only that it is a cluster of principles from which isolated departures may be inevitable even in a decent regime, but substantial and committed compliance with…

The decline of politics and the rise of law in its stead.

In his BBC Reith Lecture series, Jonathan Sumption, a former justice of the Supreme Court of the United Kingdom, made the argument that judges were becoming increasingly powerful and that their powers (and their roles) had increasingly taken…

“The Supreme Court of the United States has descended from disciplined legal reasoning … to the mystical aphorisms of the fortune cookie.” — Scalia J in dissent, Obergefell v. Hodges 135 S Ct 2584, 2628 (2015).

Logo of the Constitutional Court of the Republic of South Africa

Perhaps, to start, I need to make the following disclaimer: I am not part…

“No one will have to call themselves gay. Maybe that’s at the bottom of my impatience with the term. It answers a false argument, a false accusation. Which is that you have no right to be here, that you have to prove your right to be here. I’m saying I…

This is an edited version of a speech I delivered at the Constitutional Court on 29 November 2018.

Bagaetsho, dumelang. You see, this thing of majorities ruling can be problematic when there is no counter-majoritarian force to protect you from the impulses of the majority. My speech today is the…

Baby Dan

“Perhaps everybody has a garden of Eden, I don’t know; but they have scarcely seen their garden before they see the flaming sword. Then, perhaps, life only offers the choice of remembering the garden or forgetting it. Either, or: it takes strength to remember, it takes another kind of strength…

It’s a struggle for memory, a struggle to remember. To put all those fragmented memories together, to remember your scent, your smile, your touch; and how you made me feel. And with every year, those memories—barely present—pale and fade away, yet the pain stays fresh, worsened by the realisation that…

Thomas Piketty CAPITAL IN THE TWENTY FIRST CENTURY (2013) at 1: ‘Marikana tragedy calls to mind earlier instances of violence. At Haymarket Square in Chicago on May 1, 1886, and then at Fourmies, in northern France, on May 1, 1891, police fired on workers striking for higher wages.’ He then…

Dan Mafora

Lawyer interested in constitutional law and theory. Son of Baldwin.

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