Author Archives: Lauren

Summary of KOHN’s Academic Scholarship & Impact Assessment

Lauren Kohn ‘The burgeoning constitutional requirement of rationality & the separation of powers: Has rationality review gone too far?’ (2013) 130 South African Law Journal 810. In Lauren’s Masters’ research she discerned and theorised a pattern in the expanding frontiers of administrative-law review to policy-laden executive decision making. Lauren recognised that, notwithstanding the laudable outcomes… Read More: Summary of KOHN’s Academic Scholarship & Impact Assessment »

The Rise and Recognition of South Africa’s Fourth Branch of State and its Role in Corruption Redress and Prevention

[Please cite / quote accordingly given the originality of this Work]“ABSTRACT This Thesis is fundamentally about the evolution of the separation of powers to attain accountable, integral, and thus good governance in complex contemporary times. It presents a rigorous, timely and novel, ‘scientific’ study of three interrelated legal-political phenomena playing out in the South African… Read More: The Rise and Recognition of South Africa’s Fourth Branch of… »

The National Prosecuting Authority as Part of South Africa’s Integrity and Accountability Branch and the Related Case for an Anti-Corruption Redress System

The National Prosecuting Authority (NPA) is a special constitutional body that exercises significant public powers in South Africa’s democracy but does not fit comfortably within either the judicial or the executive branch of state. Properly conceived, the NPA is a hybrid body that fulfils its own distinctive role within the country’s constitutional system. At this… Read More: The National Prosecuting Authority as Part of South Africa’s Integrity… »

Kohn’s research on rationality review endorsed by the Constitutional Court

In a unanimous judgment of the Constitutional Court handed down 25 April 2018, Lauren’s research on rationality review was cited with approval. In her article, (Lauren Kohn ‘The burgeoning constitutional requirement of rationality & the separation of powers: Has rationality review gone too far?’ (2013) 130 South African Law Journal 810), she argues that the… Read More: Kohn’s research on rationality review endorsed by the Constitutional Court »

The Constitutional Court rules in favour of Suzman Foundation

Lauren Kohn is featured as a guest speaker on the Koketso Sachane Show on Cape Talk to discuss the recent Constitutional Court judgment handed down in terms whereof the Constitutional Court ruled in favour of the Helen Suzman Foundation to have the Judicial Service Commission’s (JSC) deliberations on appointing judges made public. https://omny.fm/shows/the-koketso-sachane-show/concourt-rules-in-favour-of-suzman-foundation The Constitutional… Read More: The Constitutional Court rules in favour of Suzman Foundation »

Transformative Constituionalism in terms of Race and Gender based Affirmative Action

Lauren’s one hour live interview with Thakira Desai on Voice of the Cape 91.3 FM radio station on 22 March 2017 on transformative constitutionalism; substantive equality; redress measures and quotas. Content hosted by iono.fm The interview was the second part in a series, Constitution Matters, a joint venture on progressive constitutionalism by Voice of the Cape… Read More: Transformative Constituionalism in terms of Race and Gender based Affirmative… »

The Supreme Court of Appeal has ruled that racial quotas are unconstitutional

Constitutional Law lecturer Lauren Kohn speaks to John Maytham (Cape Talk / Radio 702) about the recent Supreme Court of Appeal (SCA) judgment of Minister of Justice v The SA Restructuring & Insolvency Practitioners Association (693/15) [2016] ZASCA 196 in which the SCA has held that racial quotas are unconstitutional. According to the policy, 40% of appointments… Read More: The Supreme Court of Appeal has ruled that racial quotas… »

On a legal perspective, is it likely that Pravin will be convicted?

Finance Minister Pravin Gordhan and two other former tax officials have been charged on counts relating to the approval of an early retirement plan for former Deputy Commissioner of South African Revenue Service Ivan Pillay: On a legal perspective, is it likely that they are going to be convicted? Michael will discuss this with Lauren… Read More: On a legal perspective, is it likely that Pravin will… »