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.

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.

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.

'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.

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

Elisha is finally back! He's joined by Tanveer, Jason and Johan and they start by discussing the latest developments at the Constitutional Court including who is acting on the bench, whether DCJ Zondo is on leave, the type of matters the CC is hearing, and the apex court in the Zoom era. Then, a quick preview of the upcoming Sithole matter before recapping the Court's first arguments over Zoom: first, whether the Public Protector can subpoena the Commissioner of SARS; second, the Centre for Child Law's challenge to section 10 of the Births and Deaths Registration Act with Advocate Jatheen Bhima (who argued the matter for CCL). Finally, judgment recaps: Jason explains the recent Chisuse judgment on citizenship for persons born outside of South Africa to South African parents, Tanveer explains the latest round of Tasima messiness, and Johan revels in the Penwill dispute over legal costs. Final mix and master by Riley Pam-Grant.

Tanveer comes back to guest host with Dan and Johan. They start by discussing the partial revival of the Constitutional Court's website - noting the Court's refusal to hear the DA's direct access application to challenge the Disaster Management Act - before previewing new matters in September including Gauteng's appeal regarding the mayorship of Tshwane, a dispute regarding the Nazareth Baptist Church (Shembe), and a trio of matters involving the Public Protector (Bosasa, SARS, and Baloyi). Next, judgments! Tanveer explains the sensibility of the Beadica judgment, Dan discusses Telkom's failed appeal against the City of Cape Town, and Johan celebrates AMCU's win in Ngululu. Finally, Dan leads a discussion on the Chief Justice's comments on Palestine, Tanveer notes SASSA's unsuccessful stand against asylum seekers receiving social grants, and Dan updates us on the complaints against the Public Protector and Judge President Hlophe. Final mix and master by Daniel Basckin.

In December 2019, the Constitutional Court dismissed an appeal against a conviction of rape under the common law doctrine of common purpose with two concurring judgments. In reaching this conclusion, the ConCourt was guided by the submissions of amici curiae, including the Centre for Applied Legal Studies (CALS). Johan sat down with Sheena Swemmer and Advocate Lerato Phasha from CALS to discuss their incredible intervention. Pupil Advocate and long-time friend of the show Letlhogonolo Mokgoroane joined with general comments on the amici's intervention and the judgments. Final mix and master by Daniel Basckin.

Dan is joined by guest host Tanveer Jeewa, a former ConCourt clerk. They begin by discussing the unexpected retirement of Justice Froneman, developments in judicial discipline complaints, and the JSC process generally. They then discuss big legal matter in the news, including the 'De Beer' High Court judgment which ruled that lockdown regulations are unconstitutional, the US Supreme Court ruling that LGBT employees are protected by sex discrimination laws, and developments at the NPA. Next is judgment recaps. First, they discuss the EFF's failed appeal against an interim interdict of the implementation of the Public Protector's findings and take a deep dive into the court's decision on when it is appropriate to award personal costs orders. Then they consider New Nation's success in challenging South Africa's electoral system. Finally, previews. But there are no previews because there are no set downs.

During the middle of coronavirus lockdown Elisha sat down with Kimera Chetty, a legal researcher with the Helen Suzman Foundation, to discuss the role of the legislature in ensuring representation, participation and accountability. The conversation zooms in on oversight over police and army misconduct, both by the legislature and watchdog bodies such as IPID and the Military Ombud.