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.
-------- Â
1:07:38
Special Episode 8 - 'Gabon' with Tanveer Jeewa
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: https://open.uct.ac.za/handle/11427/33726.
-------- Â
1:11:40
Special Episode 7 - 'Industry House' with Kevin Minofu
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 campaigns supporting it. We trade Twitter war-stories and vow to post another day.
The team then has an in-depth discussion of the hearing and previews judgment in Residents of Industry House v Minister of Police, a case where the Court considers the rights of the SAPS to cordon off certain blocks of the inner city to conduct warrantless searches and otherwise harass communities the City of Johannesburg has decided to 'clean up'.
Many are calling it the most important case of 2020. Judgment is expected soon. Tune in to Just Us Under a Tree.
Mix and master generously donated by our friends at Kuyasha Media.
-------- Â
1:38:56
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.
-------- Â
1:26:45
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
South Africa