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Briefing Paper 551 – The Rights of Foreign Spouses by Peter-John Pearson

Recently the Western Cape High Court handed down what could well turn out to be a landmark decision in refugee jurisprudence. Judge Mark Sher ruled that “parents and care givers of South African children will be allowed to remain in South Africa after their relationships with their South African spouses have expired.” Judge Sher also ruled that certain provisions of the Immigration Act and its regulations were unconstitutional.

Briefing Paper 550 – Giving Up on Governance? by Mike Pothier

At the beginning of this year, a large part of Parliament burnt down. Whether or not arson was involved, it has been established that the sprinkler system was not working properly; that fire doors were unable to do their work due to being irregularly held open; and that the security staff who were supposed to […]

Briefing Paper 549 – Outliving the High Cost of Living by Kenny Pasensie

The ‘poverty premium’ that flows from price increases of petrol, diesel, illuminating paraffin, electricity, etc., affects the poor differently than the rich or the middle class. This ‘poverty premium’ is best summed up by a Terry Pratchett Discworld character, Captain Samuel Vimes,[i] who muses that the rich are rich because they manage to spend less […]

Briefing Paper 548 – World Refugee Day by Peter-John Pearson

In this comment, Pope Francis touches on the very core of this year’s World Refugee Day theme. Every year the United Nations observes World Refugee Day on 20th June.[i] The UN describes this day as one that “shines a light on the rights, dreams and needs of refugees, helping to mobilise political will and resources […]

Briefing Paper 547 – Child Pregnancy by Lois Law

BP547 -Child Pregnancy by Lois LawThe issue of teenage pregnancy has been a matter of concern for some time. However, since the introduction of the COVID-19 lockdown and throughout the pandemic, it became increasingly clear that the age of children who became pregnant was becoming younger and younger. The girl children affected are as young […]

Briefing Paper 546 – Envisioning a Just Transition by Lovedonia Mkansi

As a continent, Africa accounts for the smallest share of global greenhouse gas emissions, in contrast to the large economies such as China, the USA and some countries in Europe. Yet, Africa is particularly vulnerable to climate change due to its weak adaptive capacity and the ever-increasing global political-economic inequality. With increasing temperatures, rising sea […]

Briefing Paper 544 – The Criminal Law and Perpetrators of Domestic Violence by Lois Law

The South African Law Reform Commission (SALRC)[i] is presently considering submissions as to whether or not certain acts of domestic violence should be criminal offences. Domestic violence compromises the dignity, safety, physical integrity and mental health of the victim. It has physical, sexual, emotional, psychological and economic consequences, and it is compounded by gender inequality, […]

Briefing Paper 543 – Assessing the Judicial Service Commission by Mike Pothier

During the period of State Capture, roughly coinciding with the Zuma administration’s term of office, it was regularly asserted that the judiciary was ‘the last bastion’ preventing the complete collapse of the rule of law and a descent into kleptocracy and a failed state. There were other such bastions, including our vigorous media and our […]

Briefing Paper 542 – A Quota System for Migrants: Is this a solution? by Peter-John Pearson

On 19th January this year, Julius Malema, the leader of the Economic Freedom Fighters (EFF), visited shops and restaurants in Johannesburg’s Mall of Africa ostensibly to ascertain the numbers of foreign nationals versus South Africans employed in those establishments. Mr Malema claimed to be doing this as part of an ‘oversight exercise’ in his capacity […]