The Constitutional Court (CC) recently delivered judgment in one of South Africa's first tests of transformative legislation aimed at fundamental economic reform.
The Agri SA case offered an opportunity to clarify the meaning of one of the most controversial provisions in the Bill of Rights, the so-called 'property clause'. Instead, it has arguably rendered the legal content and consequences of the clause more uncertain than ever.
The recent judgment in the Humphreys matter by the Supreme Court of Appeal (SCA) raises interesting and potentially controversial issues.
In short, the SCA in this matter set aside the finding and conviction of the court a quo on murder, substituting this with a finding of culpable homicide.
As a consequence, the appellant's effective sentence of 20 years' imprisonment for murder and attempted murder was reduced to eight years for culpable homicide, to a limited extent backdated. The question is: How and why did this happen?