Demand that chairpersons or arbitrators recuse themselves

Sometimes a party believes that the chairperson or arbitrator is biased. In this article we look at what the law says in circumstances where a party wants the chairperson or arbitrator to recuse himself. Applications for recusal can be made to the presiding officer, or the arbitrator or the judges seized with any matter. The […]

Courts frown on delayed proceedings

The well-known adage “justice delayed is justice denied” is often alleged in instances where employers fail to finalise a disciplinary process for some months or years. Edwin Cameron, who is now a judge in the Constitutional Court, wrote an article in 1986 which was published in the Industrial Law Journal (183). He said it was […]

When is an utterance racist?

In 2016 City Press carried a story with the headline, “We know racism when we hear it.” Although there is no single legal definition for the term “racism”, this confident headline crumbles somewhat when tested against the guidelines for determining when an utterance is racist as laid down by the Constitutional Court in relatively recent […]