High courts issue rulings on judicial impeachment and abortion law challenges

In separate legal developments, high courts in different jurisdictions have issued significant rulings regarding judicial conduct and reproductive rights.

The Gauteng High Court has directed the Magistrates Commission to reconsider the impeachment of Kempton Park Chief Magistrate Judith van Schalkwyk. While a previous ruling upheld her removal based on four remaining charges—including disrespectful conduct and financial irregularities—a full bench of judges ruled that the sanction must be remitted for reconsideration. The court noted that because nine of the original thirteen disciplinary charges were set aside, the original decision to remove her from office required re-evaluation.

In another matter, a Constitutional Court has set aside a High Court ruling that had declared parts of an abortion law unconstitutional. The court ordered the case to be heard afresh, citing a failure by the government and Parliament to properly participate in the proceedings. The challenge, brought by Women and Law in Southern Africa and Talent Forget, sought to include pregnancies resulting from sexual intercourse with minors and marital rape under the definition of ‘unlawful intercourse’ to allow for lawful termination. The court found that the respondents’ decision to merely ‘abide’ by the previous ruling prevented critical arguments and information from being presented in a case involving fundamental rights.