Latest news with #TheConstitutionalCourt
The Citizen
06-05-2025
- Politics
- The Citizen
Top 10 stories of the day: Citizenship Act clause 'unlawful'
Here's your daily news update for Tuesday, 6 May 2025: An easy-to-read selection of our top stories. News today includes The Constitutional Court (ConCourt) has ruled that a section of the Citizenship Act is unlawful as it violates the rights of people who lost their South African citizenship after becoming citizens of another country. Meanwhile, in the first court judgement about the National Health Insurance (NHI), the North Gauteng High Court ruled that President Cyril Ramaphosa must explain how he decided to sign the NHI Bill into law in May last year. Furthermore, South Africa's largest chicken producer, Astral, says it will likely report poor results for the six months ending 31 March 2025, due to lower chicken prices and higher costs hurting its business and profits. Weather tomorrow: 7 May 2025 Extremely high fire danger conditions are expected over the northern part of Dr. Beyers Naude Local Municipality in the Eastern Cape, otherwise you can expect fine and warm weather across the country. Full weather forecast here. Stay up to date with The Citizen – More News, Your Way. ConCourt strikes down Citizenship Act clause, restores citizenship for affected South Africans The Constitutional Court (ConCourt) has ruled that a section of the Citizenship Act is unlawful as it violates the rights of people who lost their South African citizenship after becoming citizens of another country. On Tuesday, the ConCourt delivered its judgment regarding an application brought by the Democratic Alliance (DA). Picture: iStock The DA challenged Section 6(1)(a) of the Citizenship Act, which states that South Africans automatically forfeit their citizenship if they voluntarily and formally acquire citizenship of another country. CONTINUE READING: ConCourt strikes down Citizenship Act clause, restores citizenship for affected South Africans WATCH: Mbenenge emojis showed 'agreement and warmness' – expert The hug emoji from Andiswa Mengo showed 'agreement' and 'warmness' to a message that was sent by Eastern Cape Judge President Selby Mbenenge. This was revealed by Forensic and legal linguist, Dr Zakeera Docrat on Tuesday during the Judicial Conduct Tribunal into allegations of sexual harassment against Mbenenge Dr Zakeera Docrat testifying at the tribunal. Picture: X-@OCJ_RSA The hearing focused on the interpretation of emojis and what they could've meant in the context of the conversation between the duo. CONTINUE READING: WATCH: Mbenenge emojis showed 'agreement and warmness' – expert Court rules president must explain how he decided to sign NHI Bill into law In the first court judgement about the National Health Insurance (NHI), the North Gauteng High Court ruled that President Cyril Ramaphosa must explain how he decided to sign the NHI Bill into law in May last year. The Board of Healthcare Funders (BHF), which brought the application, says the ruling confirms that the president's decision to assent to and sign the NHI Bill into law is subject to review in the High Court. Picture: iStock 'In addition, the judgement obligates the president to provide his full record of proceedings that led to his decision to sign the NHI Bill into law in line with Rule 53 of the Uniform Rules of the Court. The High Court directed President Ramaphosa to furnish this record within ten calendar days of today's ruling.' CONTINUE READING: Court rules president must explain how he decided to sign NHI Bill into law Culpable homicide case opened against Johannesburg official over Usindiso fire A criminal charge has been laid against the CEO of the Johannesburg Property Company (JPC), Helen Botes. The Democratic Alliance (DA) announced a case of culpable homicide had been opened against the CEO at Johannesburg Central Police Station on Tuesday. The Usindiso building in Johannesburg. Picture: Michel Bega / The Citizen The information was revealed while the party was delivering their State of the City Address (Soca) to highlight the issues plaguing Johannesburg — a city that will host the G20 Summit in five months. CONTINUE READING: Culpable homicide case opened against Johannesburg official over Usindiso fire Here's why chicken prices might increase soon South Africa's largest chicken producer, Astral, says it will likely report poor results for the six months ending 31 March 2025, due to lower chicken prices and higher costs hurting its business and profits. Astral's troubles started in 2023, when the country was faced with load shedding and the bird flu outbreak. However, this changed in 2024, as the company recovered and recorded significant profit. Picture: iStock If the chicken producer's predictions come true, consumers might be subjected to higher chicken prices to recoup the loss. CONTINUE READING: Here's why chicken prices might increase soon Here are five more stories of the day: Yesterday's News recap READ HERE: Heads to roll in MP laptop saga | EC mom murder charges dropped | DA lauds US intervention in DRC
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Korea Herald
06-04-2025
- Politics
- Korea Herald
[Lee Kyong-hee] Right the ship and reboot democracy
The Constitutional Court ended a long nightmare on Friday while the nation delivered a triumph of peaceful civic activism. Yet it is too early to fully celebrate the resilience of Korea's democracy. The unanimous court decision to uphold the impeachment of Yoon Suk Yeol only marks the first step toward repairing the country's wounded democracy and healing the scars from his audacious declaration of martial law last December. The president who embraced extreme right-wing conspiracy theories has left behind a sharply divided country. Yoon's fate was sealed just hours after his daring gambit to clear the way for his legislative agenda. When thousands of citizens descended on parliament and tried to help lawmakers enter their chambers to overturn the martial law decree, security forces displayed little desire to repel them. Unlike the nation's military dictators decades ago, his authoritarian power grab would not be protected. The countdown on Yoon's presidency thus began. 'The National Assembly was able to decide to demand the emergency martial law be lifted swiftly, thanks to the resistance of citizens and the reluctant execution of duties by the military and police,' said Moon Hyung-bae, the acting chief justice of the Constitutional Court. 'Therefore, it does not influence the judgment on the seriousness of the defendant's violation of law.' This was not only a scathing rebuke to Yoon's brazen insistence that 'nothing happened' on the night of his short-lived martial law. It was also the top court's solemn acknowledgement of the laudable roles of ordinary citizens, police officers and soldiers in a moment of crisis. Yoon fiercely argued before the court that he intended the martial law to be an awakening for the public to the 'tyranny' of the 'pro-North, anti-state' opposition abusing their majority power to paralyze his administration. He made the absurd statement that he subverted liberal democracy to save it from the threats of communist sympathizers. Yoon did not stay quiet while the court deliberated. He consistently instigated a small group of his staunch, right-wing supporters to join him to 'fight to the end.' The group gradually swelled and grew increasingly radical and violent, emulating supporters of US President Donald Trump. They carried signs saying, 'Stop the Steal' and 'Make Korea Great Again.' A mob stormed a courthouse in protest of Yoon's arrest, causing extensive damage. Meanwhile, throngs of citizens held rallies on the streets throughout the long winter, demanding Yoon's dismissal. They evoked memories of past military dictatorships and the brutality of state violence, which they believed -- mistakenly -- belonged to the bygone era. Thus, Korea appeared to be joining an increasing number of countries undergoing civil intolerance and the dismantling of democratic institutional norms. The United States under Trump's second presidency is the prime example. Yet, the two sides displayed restraint when it was most needed. On Friday, while hundreds of thousands of citizens on both sides rallied at different locations around the capital and across the country, no notable incidents of violence were reported during the day and the ensuing weekend. Still, it is premature to rejoice. Following Yoon's formal dismissal from the presidency, the nation faces an imminent challenge -- an early election for his replacement to be held within two months. The election will be a moment of truth for both the ruling and opposition parties to do much-needed soul-searching. They must think truthfully and honestly about how they can effectively govern through mature democratic leadership. It is not to relentlessly attack opponents. Leave that to other countries. They are stronger and richer but not wiser. The top priority here will be bridging the chasms splitting our society along lines of ideology, age, gender and income, introducing urgent reforms to improve livelihoods and fixing stalled foreign relations. A constitutional amendment for enhanced checks and balances among different branches of government is vital in resetting the republic, torn apart by factional strife. No doubt how to cope with Trump's tariff war will also be at the top of the new administration's in-tray. To fully distance itself from Yoon's botched self-coup and remain in power, the ruling People Power Party must abandon the disgraced former president and his support base of ultra-right extremists. But the party remains supportive of Yoon and caters to extremist elements. This is a sure path to defeat. Given its two presidents ousted by impeachment one after another, the party should realize that it faces an existential crisis. Moreover, there is no guarantee that Yoon will just go away politely. Considering his stubbornness and proven lack of integrity and moral awareness, he may try to meddle in the election to benefit in his criminal trial on insurrection charges. The multiple scandals surrounding his wife will also resurface in due time. The main opposition Democratic Party of Korea, despite its huge advantage, does not have a lower hurdle in the race. The party's obvious standard-bearer, Rep. Lee Jae-myung, is beset with criminal charges. He needs to prove his claim that the accusations have been politically motivated by Yoon's prosecutorial cohorts to eliminate him. Whoever becomes the next president will need an extraordinary ability to upend the deeply entrenched politics of hate and revenge, thereby uniting the people and shaping a stable and prosperous future.
Korea Herald
06-04-2025
- Politics
- Korea Herald
Constitutional Court's ruling lauded for message of unity, democracy
Court's efforts to craft message of social cohesion may have delayed verdict, law experts suggest The Constitutional Court's unanimous decision on Friday to remove former President Yoon Suk Yeol from office is drawing praise for more than its legal reasoning. In its ruling, the court delivered a powerful statement on the importance of democratic principles, calling for national unity and reaffirming core values vital to protecting a constitutional democracy. The 114-page verdict was written in clear, accessible language — an aspect legal experts say reflects the court's intention to speak directly to the public. Observers also suggest that the time taken to finalize the ruling may partly reflect the care taken to craft this message of integration and democratic responsibility. Customarily, an impeachment verdict comprises a short conclusion with three to four sentences — this was true in the cases of former Presidents Roh Moo-hyun and Park Geun-hye and Prime Minister Han Duck-soo. Instead, in Yoon's verdict, the court detailed four different avenues Yoon should have pursued instead of using the armed forces, including seeking a political compromise within the institutional, political and judicial boundaries defined in the Constitution. '…it is difficult to see the conflict that arose between the defendant and the National Assembly as being the responsibility of one party, and this is a political issue that must be resolved in accordance with democratic principles. Expression of political views or public decision-making on this matter must be done within the scope that can be in harmony with democracy as guaranteed by the Constitution,' the verdict said. In the verdict, the word 'democracy' appears nine times, while 'citizens' appears 13 times. 'Through a long period of deliberation and careful consideration, the decision was written in a logical and flexible manner that is easy for the public to understand, without being excessive. This respectful approach deserves praise,' the Korean Law Professors Society said in a statement. Former Health Minister Ryu Is-min also commended the ruling for being written in 'the language of everyday people,' which marked 'a step forward' for the Constitutional Court. Likely to be remembered as one of the most challenging cases in South Korea's constitutional history, Friday's ruling came 122 days after Yoon declared martial law and ordered the armed forces to storm the National Assembly. It also marked the longest impeachment deliberation in the country's history at 38 days. In the first sentence of the verdict's conclusion, the justices cited Act 1, Clause 1 of the Constitution — 'the Republic of Korea shall be a democratic republic' — with the following sentence defining the democratic system: 'democracy is based on a pluralistic worldview that trusts in the autonomous reason of individuals and assumes that all political views have relative truth and rationality, and is essentially based on cooperative public decision-making based on respect among equal fellow citizens.' Then they concluded the verdict by stating how Yoon's 'unconstitutional and illegal acts are a betrayal of the people's trust and constitute a serious violation of the law that cannot be tolerated from the perspective of protecting the Constitution.' 'As the president of all citizens, the defendant has a duty to unite society as a community beyond his support base. He failed to fulfill that duty,' the verdict read. Following the Friday verdict, former President Yoon is set to leave the presidential residence in Hannam-dong, Yongsan-gu, Seoul and return to his private residence in Seocho-gu where he had lived until 2022 before becoming president.
Al Jazeera
04-04-2025
- Politics
- Al Jazeera
South Korea's Constitutional Court removes President Yoon from office
The Constitutional Court in South Korea has ruled that impeached President Yoon Suk-yeol be removed from office for his declaration of martial law late last year. The ruling on Friday now means the country must hold a presidential election within 60 days. Yoon briefly declared martial law late on the evening of December 3, claiming that anti-state and North Korean forces had infiltrated the government. But senior military and police officials who were sent to shut down the country's national assembly have testified that Yoon ordered them to detain rival politicians and prevent the assembly from voting to lift his military rule order. The ruling needed the approval of six out of eight judges on the Constitutional Court to formalise his removal. This is a breaking news story. We will bring you more soon…
Korea Herald
01-04-2025
- Politics
- Korea Herald
Court to hand down verdict in Yoon Suk Yeol impeachment on Friday
The Constitutional Court said Tuesday that it would deliver its judgment on President Yoon Suk Yeol's impeachment at 11 a.m., Friday. Yoon's impeachment verdict is set to be broadcast live, it said. Yoon has been suspended from duty since Dec. 14 after his abrupt declaration of martial law on Dec. 3 plunged the nation into political chaos. The court will decide whether to uphold the National Assembly's impeachment of him or dismiss it. A verdict to permanently remove Yoon from office requires at least six votes in favor from the court's eight justices. In that case, the country will hold a presidential election on June 3. If Yoon's impeachment is rejected, he will be reinstated as president. The top court's judicial bench has been deliberating on the presidential impeachment case since Feb. 26, after holding 11 hearings. During the trial, the National Assembly argued that Yoon declared martial law to ban all political activities, even though South Korea was not at war or under a comparable national emergency, as required by the Constitution. It also claimed the declaration violated precedural rules, citing a "flawed" Cabinet meeting and Yoon's failure to notify the parliament of his martial law decree without delay. Additionally, it accused Yoon of ordering the arrest of his political opponents to paralyze the legislature. Three of the eight presidents South Korea has had since democratization in 1987 have been impeached by the National Assembly. The court overturned the late former liberal president Roh Moo-hyun's case 63 days after the parliament's impeachment in 2004. However, former conservative president Park Geun-hye's case was upheld in 91 days, as she became the first sitting president to be removed from office in 2017.
