Just Us Under a Tree

Just Us Under a Tree
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A podcast that is mostly about the Constitutional Court of South Africa. Mostly.

  1. Special Episode: ‘Our Purpose is the Land’ with Kabir Bavikatte

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    Special Episode: ‘Our Purpose is the Land’ with Kabir Bavikatte

    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 affect how we view property rights. He notes law's trend towards recognising relationships that communities have with their land - including in cases such as Maledu and Baleni - and argues that we can all learn from this.

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  2. Special Episode 6 - 'A State of Capture' with Khaya Sithole

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    Special Episode 6 - 'A State of Capture' with Khaya Sithole

    '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 President Zuma before setting out the numerous attempts to have President Zuma appear at the Zondo Commission. The discussion then turns to the Zondo Commission's application to the Constitutional Court to compel President Zuma to appear before it, and the judgment the CC gave granting the order. We conclude with Khaya's thoughts on the way forward for the Commission. Final Mix and master generously donated by friend of the pod, Dan Corder.

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  3. Ep #13: "The Hydra State" w/ Mbekezeli Benjamin

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    Ep #13: "The Hydra State" w/ Mbekezeli Benjamin

    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 developments in the complaints against judges Hlophe, Parker, and Makhubele. How should judicial discipline work? In further news, Elisha outlines recent triumphs of democracy in Malawi and threats to democracy in the United States. Then, an argument preview: Dan covers an interesting lease dispute between the University of Johannesburg and Auckland Park Theological Seminary. Finally, two of the messiest areas in our law: Johan recaps Sithole, where the court again confronts the apartheid-era marriage system. Dan then recaps the 7-hour Qwelane argument, on how to deal with homophobic hate-speech. Final mix and master and outro by Daniel Basckin. Check out Dan's new EP: 'What Do You Hear Underwater' https://ditto.fm/what-do-you-hear-underwater

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  4. Ep #12: "A Constitutional Duty to Tweet" w/ Adv Jatheen Bhima

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    Ep #12: "A Constitutional Duty to Tweet" w/ Adv Jatheen Bhima

    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 recapping the Court's first arguments over Zoom: first, whether the Public Protector can subpoena the Commissioner of SARS; second, the Centre for Child Law's challenge to section 10 of the Births and Deaths Registration Act with Advocate Jatheen Bhima (who argued the matter for CCL). Finally, judgment recaps: Jason explains the recent Chisuse judgment on citizenship for persons born outside of South Africa to South African parents, Tanveer explains the latest round of Tasima messiness, and Johan revels in the Penwill dispute over legal costs. Final mix and master by Riley Pam-Grant.

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  5. Ep #11: "The Antichrist of Public Interest Law"

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    Ep #11: "The Antichrist of Public Interest Law"

    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 Tshwane, a dispute regarding the Nazareth Baptist Church (Shembe), and a trio of matters involving the Public Protector (Bosasa, SARS, and Baloyi). Next, judgments! Tanveer explains the sensibility of the Beadica judgment, Dan discusses Telkom's failed appeal against the City of Cape Town, and Johan celebrates AMCU's win in Ngululu. Finally, Dan leads a discussion on the Chief Justice's comments on Palestine, Tanveer notes SASSA's unsuccessful stand against asylum seekers receiving social grants, and Dan updates us on the complaints against the Public Protector and Judge President Hlophe. Final mix and master by Daniel Basckin.

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  6. EP #10 "Clash of the Titans" w/ Tanveer Jeewa

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    EP #10 "Clash of the Titans" w/ Tanveer Jeewa

    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 are unconstitutional, the US Supreme Court ruling that LGBT employees are protected by sex discrimination laws, and developments at the NPA. Next is judgment recaps. First, they discuss the EFF's failed appeal against an interim interdict of the implementation of the Public Protector's findings and take a deep dive into the court's decision on when it is appropriate to award personal costs orders. Then they consider New Nation's success in challenging South Africa's electoral system. Finally, previews. But there are no previews because there are no set downs.

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  7. Special Episode 4: 'Parliament and Policing' with Kimera Chetty

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    Special Episode 4: 'Parliament and Policing' with Kimera Chetty

    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 such as IPID and the Military Ombud.

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  8. Ep #9: "Where the Judge is Imam" w/ Mbekezeli Benjamin and Bhavna Ramji

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    Ep #9: "Where the Judge is Imam" w/ Mbekezeli Benjamin and Bhavna Ramji

    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 focus on the role of law in the Covid lockdown. Dan covers the appointment of former ConCourt Justice Kate O’Regan as COVID-19 designate judge to oversee the government’s information-gathering for a contact-tracing database. We then provide an overview of some of the legal challenges to the state’s lockdown measures. These include the threatened challenge to the liquor ban, Afriforum and Solidarity’s challenge of affirmative action provisions on the tourism fund, lawyers having trouble with permits to travel and appear in court, a challenge to the closure of mosques without exception, the sale of baby clothes, the regulation of police and military misconduct, and Durban and Cape Town’s efforts to demolish informal settlements. Bhavna Ramji of the Casual Workers Advice Office makes an appearance to explain their successful effort to compel employers to apply to the Disaster Fund set up to supplement the government’s Unemployment Insurance Fund on behalf of their employees. Mbekezeli then helps us all unpack the many controversies and conflicts in the governance of Western Cape High Court since Deputy Judge President Goliath filed a JSC complaint against Judge President John Hlophe. We also unpack a shadowy paragraph of DJP Goliath’s complaint and questions it raises about judicial appointments and transformation. We end by briefly discussing Justice Edwin Cameron’s appointment as Chief Judge of the Judicial Inspectorate for Correctional Services and why this is so important in the era of Covid-19. Edwin Cameron’s fight for humane prisons: https://www.newframe.com/edwin-camerons-fight-for-humane-prisons/. Final mix and master by Daniel Basckin. Outro music: ‘Monday Jam’ performed by Daniel Basckin, Jude Kenrick and Dominic Hurd (feat Zehir Omar).

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A podcast that is mostly about the Constitutional Court of South Africa. Mostly.

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    Just Us Under a Tree
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    ٢٠١٩ - ٢٠٢٢
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    Just Us Under a Tree