Tanveer and Johan have a very special guest: the founder of Johan’s old employer Natural Justice - Dr Kabir Bavikatte. Kabir unpacks his theories of biocultural rights - an interesting, original and different conceptualisation of property. Kabir reflects on multiple relationships that one might have to property and the land, and how this should aff…

Frequent guest host Tanveer Jeewa is now a Master of Laws.In this episode, she joins Johan to unpack her brilliant dissertation on whether courts should expropriate land in large and complex eviction matters.Spoiler alert: the Constitutional Court can do better - and should!Final mix and master by Will Shoki.Tanveer's thesis can be downloaded here:…

Johan and Elisha are joined by our friend, Kevin Minofu, for a discussion focusing on South Africa's (black African) immigrant communities and the legal forms xenophobia takes.Kevin describes a number of policy proposals which formed part of an emergent current of political xenophobia... and the shadowy network of online trolls and sponsored campai…

'President of Amici Twitter' Khaya Sithole joins Johan and Elisha for a deep dive into former President Zuma's appearances, or lack thereof, at the Zondo Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector.Khaya first explains the origins of the Commission and summarises some allegations against Presid…

Dan, Johan and Elisha are once again joined by Mbekezeli Benjamin of Judges Matter. https://www.judgesmatter.co.za/We begin with a deep dive into the current make-up of the Court… who is on the bench, outstanding vacancies, and how we expect them to be filled. Mbekezeli helps us think about Acting Justices, the DCJ’s state capture commission and de…

Elisha is finally back! He's joined by Tanveer, Jason and Johan and they start by discussing the latest developments at the Constitutional Court including who is acting on the bench, whether DCJ Zondo is on leave, the type of matters the CC is hearing, and the apex court in the Zoom era.Then, a quick preview of the upcoming Sithole matter before re…

Tanveer comes back to guest host with Dan and Johan.They start by discussing the partial revival of the Constitutional Court's website - noting the Court's refusal to hear the DA's direct access application to challenge the Disaster Management Act - before previewing new matters in September including Gauteng's appeal regarding the mayorship of Tsh…

In December 2019, the Constitutional Court dismissed an appeal against a conviction of rape under the common law doctrine of common purpose with two concurring judgments. In reaching this conclusion, the ConCourt was guided by the submissions of amici curiae, including the Centre for Applied Legal Studies (CALS).Johan sat down with Sheena Swemmer a…

Dan is joined by guest host Tanveer Jeewa, a former ConCourt clerk. They begin by discussing the unexpected retirement of Justice Froneman, developments in judicial discipline complaints, and the JSC process generally.They then discuss big legal matter in the news, including the 'De Beer' High Court judgment which ruled that lockdown regulations ar…

During the middle of coronavirus lockdown Elisha sat down with Kimera Chetty, a legal researcher with the Helen Suzman Foundation, to discuss the role of the legislature in ensuring representation, participation and accountability. The conversation zooms in on oversight over police and army misconduct, both by the legislature and watchdog bodies su…

Elisha, Johan and Dan are joined by Mbekezeli Benjamin of Judges Matter to update you on judicial governance under lockdown, including the relationship between the Office of the Chief Justice and the Department of Justice. We bring to your attention the Chief Justice’s special Easter service: https://www.youtube.com/watch?v=PCvGzvH5zhQ.We then focu…

On our much awaited first special episode of the year, Elisha Kunene chats to Indian lawyer and scholar Gautam Bhatia about writing, activism, and the role of law in society. Crucial listening in the time of COVID-19.A truncated version of this interview was published by Africa Is a Country: https://africasacountry.com/2020/05/what-are-courts-forRe…

Elisha, Johan and Dan are joined by Jason Mitchell to bring everyone up to speed on the legal developments around the coronavirus lockdown, including correspondence from the Chief Justice and applications by Hola Bona Foundation and Fair and Equitable Society before touching on the appointment of South Africa's first Solicitor General.Dan, Elisha a…

Elisha and Johan speak with Zikhona Ndlebe, Alison Tilley, and Christopher Oxtoby of Judges Matter about the importance of judges, how they're appointed, and trends in South Africa's judiciary.Produced by Riley Pam-Grant.Por Just Us Under a Tree

In our first special episode, Elisha and Johan interview Advocate Michael Bishop of the Legal Resources Centre on the how the landmark Mwelase judgment came to be.Por Just Us Under a Tree

After a long recess, Elisha, Dan and Johan are back for episode seven of Just Us Under a Tree. After some discussion on new appointments to the Court, they briefly preview two cases set down for 2020, before recapping the host of judgments handed down since we last recorded, including: judgments on spanking (Freedom of Religion SA), the firing of M…

It's been a busy ConCourt recess: Elisha, Johan and Dan catch up on all the developments with the Public Protector, unpack some of the legal stories in the news, and preview some exciting cases forthcoming in the ConCourt.William Shoki joins to explain India's decision to revoke the special status of Jammu and Kashmir.Produced by Riley Pam-Grant.…

Alistair Dey Van Heerden swings by to recap some major judgments in competition law, Bhavna Ramji returns following NUMSA’s victory in the ConCourt, and Dan Mafora reappears to help Elisha and Johan preview some upcoming hearings plus all things newsworthy.Produced by Riley Pam-Grant.Por Just Us Under a Tree

Elisha and Johan are joined by Lubabalo Mabhenxa and Dan Mafora to discuss some blockbuster judgments from the ConCourt, the rest of Africa and even the United States. And perhaps they lose track of time.Produced by Riley Pam-Grant.Por Just Us Under a Tree

Elisha and Johan host special guests Bhavna Ramji of the Casual Workers Advice Office and Emanuel Waddell from Yale Law School to recap arguments in AMCU's challenge to union majoritarianism in retrenchments, preview AMCU's case from next term on res lis pendens, and compare notes between South African and US labour law.Produced by Riley Pam-Grant.…

Elisha Kunene and Johan Lorenzen celebrate their first correct predictions of ConCourt judgments, recap the Constitutional Court's hearing on the Hilton College land claim, preview this week's hearings, and discuss five legal stories from the week.Produced by Riley Pam-Grant.Por Just Us Under a Tree

Elisha Kunene and Johan Lorenzen on the first ever episode of Just Us Under a Tree. After explaining the name and aspirations of the podcast, they preview judgments the Court is about to hand down, recap the matters already argued in the term, and preview upcoming oral arguments.Overseen by William Shoki and produced by Riley Pam-Grant.…