DOCSLIB.ORG

The People's Law Journal

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The People's Law Journal The People’s PLJ Law Journal Volume 1 • Issue 1 • November 2013 Foreword by Justice Zak Yacoob The People’s Law Journal In this issue Issue 1 • November 2013 peopleslawjournal.nu.org.za v Foreword ZAK YACOOB • 1 Introduction Editor: ZACKIE ACHMAT Jacques van Heerden Editorial Committee: 4 Transforming the Judiciary Zackie Achmat, Lisa Draga, Who should judges be? Gregory Solik, Max Taylor, GREGORY SOLIK Jacques van Heerden 11 Free Speech and Communism in Colonial South Editorial Assistant: Africa Isabeau Steytler Rex v Roux and Ngedlane (1936) • ZACKIE ACHMAT This issue of the People’s 14 Train Apartheid in Cape Town Law Journal is funded by the Rex v Abdurahman (1950) Open Society Foundation. MAX TAYLOR • 19 BJ Vorster’s War against White Students Front cover image: NUSAS and the 1956 Riotous Assemblies Act Johannesburg Magistrates’ BRUCE BAIGRIE AND ZACKIE ACHMAT Court. Taken by Bheki Dube, Mainstreet Walks. 24 History of South African Law Development from 1652 to the present (excluding Infographics: Roger Landman customary law) GREGORY SOLIK (TEXT) • ROGER LANDMAN (GRAPHICS) Thanks to: Marcus Löw, Daniel 26 A Permanent Space for Justice Hofmeyr, Axolile Notywala, Rikhotso v East Rand Administrator Board (1983) and Simon Sephton for their WANDISA PHAMA AND LISA DRAGA invaluable contributions to this issue. Special thanks to 31 Decriminalising Sodomy Lisa Draga from the Equal NCGLE v Minister of Justice (1998) Education Law Centre for DANIEL HOFMEYR reviewing articles for this 37 Class Action Litigation issue. An avenue to justice Translators: DANIEL LINDE Bohle Conference and Language Services 45 Amayeza eNziwe aFana nawoMenzi wokuQala, amaLungelo awoDwa abeNzi mveliso ne-HIV eKenya U-Ochieng and Others v iGqwetha Jikelele (the Attorney General) (2012) ZENANDE BOOI 50 Generics, Patents, and HIV in Kenya Ochieng and Others v the Attorney General (2012) ZENANDE BOOI Published in 2013 by Office 302, 47 on Strand, Cape Town, 8001 nu.org.za • +27 (0)21 423-3089 and Siber Ink CC, PO Box 30702, Tokai 7966 Cape Town, SOUTH AFRICA [email protected] www.siberink.co.za © Ndifuna Ukwazi/Siber Ink This work is licensed under a Creative Commons Attribution-Non Commercial-NoDerivs 3.0 Unported License, unless otherwise stated. http://creativecommons.org/licenses/by-nc-nd/3.0/ Cover design and typesetting by GJ du Toit Printed and bound by Creda Communications (Pty) Ltd, Cape Town Dedicated to the memory of former Chief Justices Arthur Chaskalson and Pius Langa. Foreword ZAK YACOOB I am privileged to have been given the and demonstration were ruthlessly used opportunity to write the foreword to to protect authority and apartheid prac- this, the first edition of the People’s Law tices, the horrendous plight of gay peo- Journal. Some may think this title pre- ple and migrant mineworkers, and the sumptuous and even a contradiction in way in which the law limited access to terms. They may say that law journals are courts by limiting actions by classes food of practising and academic lawyers of people in the same position. It has alone. This cannot be true and makes no become fashionable in some quarters to sense. All people are governed by the law suggest strongly that apartheid is gone and affected by it in a good and often now and that we should not continue bad way. All of us need to understand to go back there. Most of these articles how the law affects us, whether a law is refute that point and make it plain how good or bad, and, if it is bad, what we can important it is to remember our history do about it. This journal is, in my view, a and to build on it. wonderful start to this process. They also show the courage and sense These eight articles are all an effort of sacrifice of people of all races in this to write as simply as possible (though I country in the process of the struggle believe greater strides can be made in this to attain a new society. And they speak direction in the future). They are wide- poignantly of how law was used to pro- ranging, dealing with various issues tect and defend people who were victims including the right of vulnerable gay of some of these evil measures and how, people to be treated equally, the impor- in many cases, the people succeeded tance of freedom of speech and protest, because some apartheid judges came to as well as the need to ensure access to the rescue by responding to imaginative courts for poor people in need. The edi- arguments in interesting ways. These tors need to be particularly applauded judges said, for example, that it was for securing the article on the judgment not an offence to speak out against the in Kenya concerned with making medi- royal monarch, that apartheid on trains cine more affordable. was no good unless there was a law that Almost all the articles graphically go allowed it, that an order by a magistrate back to apartheid and its evils in a way prohibiting protest was invalid, and that relevant to ordinary people: the bad way contracts of mineworkers renewed yearly in which judges were appointed, how were not to be seen as separate from clamping down on freedom of speech each other. Built within this theme in all v vi PLJ • 2013 • Issue 1 these articles about past cases is the hope nence. The rights to equality, free- that our judges do not let us down now. dom of expression, and demonstration This brings me to the article which are rightly emphasised and the hope carefully and simply tells us what we expressed that they will be appropriately need of our judges now and suggests respected and protected. The message judge qualifications that are interesting conveyed ultimately is that, to get to the to say the least. society promised by our Constitution, The articles taken together express we need committed people like those the hope that our judges will be as sen- who struggled and sacrificed in the past: sitive and responsive as the judges of the lawyers who brought cases that chal- Kenya in ensuring that the rights of peo- lenged racist laws; the judges who gave ple to make money from medicine are just decisions in those days. We also appropriately balanced with the right of need a government that is more sensi- people to their health. Our judges have tive and caring than those of apartheid already made important contributions South Africa. in this direction, as shown by the arti- I trust that this is the beginning of a cles on the judgments decriminalising series that will be read and understood consensual sodomy and endorsing class by many people in our country and that action as a way in which poor people it will contribute to the achievement of might get some benefit. the constitutional project. The Constitution and the society contemplated also receive some promi- Introduction ZACKIE ACHMAT Ndifuna Ukwazi chose “dare to know” as Hands Umbrella Trust. However, the its motto as a challenge to activist lead- gains need to be protected — as became ers to seek and use knowledge. Reading, evident when Fidentia, the company study, research, and writing must inform responsible for investing these provi- activist leadership and our struggles for dent funds, embezzled more than R1.1 equality and justice. This is nowhere billion allocated to the children, wives, truer than in the study of law. The Peo­ and other family members of deceased ple’s Law Journal is a small contribution mineworkers. to making law visible and allowing it to Workers and their unions, includ- become a tool, and not the object, of our ing NUM and the new Association of struggles. Two contemporary examples Mineworkers and Construction Union related to the mineworkers’ struggle for (AMCU), conduct their battles largely on justice and equality illustrate this point. the terrain of labour law. Yet there is so The Marikana massacre drew the much more. Company law and laws per- world’s attention to work and suffering taining to safety in the mining industry, in mining, South Africa’s most danger- financial services, fraud and corruption, ous industry. Our country’s wealth (like police conduct, and commissions of those of its giant conglomerates Anglo inquiry; all maintain the unequal power American, De Beers, and Goldfields) has relations between mineworkers, global been built up over more than a hundred corporations, and the state. These laws years on the back of mainly black migrant affect every aspect of all our lives but workers from South Africa’s rural areas, remain invisible to those most affected particularly the Eastern Cape, and many by their operation. of our neighbours including Mozam- To realise the fundamental rights of bique, Lesotho, and Malawi. mineworkers, these laws must be laid Defending black workers against bare. Equality must be based on equi- exploitation became a critical task under table access to public goods, including apartheid — one necessary to defeat wealth and income. Laws such as com- minority rule. The National Union pany law must become visible; and their of Mineworkers (NUM), the strongest transformation is imperative. union in our history, was born out of Law is present everywhere but this struggle. One of the major gains remains invisible and concealed with its was the Mineworkers Provident Fund, own language and practice. It is steeped which changed its name to the Living in formalism and a code designed to 1 2 PLJ • 2013 • Issue 1 intimidate, which prevents most people an advance based on the collective strug- from understanding it — not only in gle of poor people.
Load more

Recommended publications
  • In South Africa: the Reality Vanker Whose First Comrades Adventure Is Captured in This Newsletter
    COLLEGE OF LAW Volume 9 | Number 2 | June 2016 AND MANAGEMENT STUDIES eNewsletter College Research Output on the increase Graduation Highlights Students drive Community Engagement Spotlight on Youth Entrepreneurship Message from the Deputy Vice-Chancellor and Head of College n this second College Newsletter for 2016 we reflect, as usual, on staff and student achievements, research and community engagement projects and useful collaborations and partnerships. I Professor John C Mubangizi Coming as it does at the end of the first semester and only after a couple of months after the 2016 graduation ceremonies, the In this issue... Newsletter not only contains exciting and interesting graduation 3 Research Output in the College - Policies Bearing Fruit... highlights but it also covers some important College stories and 4 HEARD organises a high level discussion on: ‘The Future of AIDS events of the first semester of 2016. Financing in Africa’ 5 Research output at the core of Macroeconomics Working Group In so far as graduation is concerned, it is gratifying to note that the 6 MoU between UKZN and Open University in Mauritius to strengthen College postgraduate throughput this year was fantastic to say the research collaboration least. For the first time ever, we graduated a total of 43 PhDs. This was 7 UKZN academics contribute to 2016 South African Health Review more than 79.2% increase on the 2015 numbers when we graduated Graduation Highlights only 24 PhDs. Similarly we graduated 324 Masters Degrees, an increase 8 Doctoral degrees for College staff of 50% on the 2015 numbers when we graduated only 216.
    [Show full text]
  • Appointments to South Africa's Constitutional Court Since 1994
    Durham Research Online Deposited in DRO: 15 July 2015 Version of attached le: Accepted Version Peer-review status of attached le: Peer-reviewed Citation for published item: Johnson, Rachel E. (2014) 'Women as a sign of the new? Appointments to the South Africa's Constitutional Court since 1994.', Politics gender., 10 (4). pp. 595-621. Further information on publisher's website: http://dx.doi.org/10.1017/S1743923X14000439 Publisher's copyright statement: c Copyright The Women and Politics Research Section of the American 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press in 'Politics gender' (10: 4 (2014) 595-621) http://journals.cambridge.org/action/displayJournal?jid=PAG Additional information: Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details. Durham University Library, Stockton Road, Durham DH1 3LY, United Kingdom Tel : +44 (0)191 334 3042 | Fax : +44 (0)191 334 2971 https://dro.dur.ac.uk Rachel E. Johnson, Politics & Gender, Vol. 10, Issue 4 (2014), pp 595-621. Women as a Sign of the New? Appointments to South Africa’s Constitutional Court since 1994.
    [Show full text]
  • Dhatemwa Michael Mawambi (Uganda) in Partial Fulfilment of the Requirements for Obtaining the Degree of MASTER of ARTS in DEVELOPMENT STUDIES
    Unveiling a Paradox: The Persisting Discrimination against Black LGBT Workers amidst Progressive Policies in South Africa A Research Paper presented by: Dhatemwa Michael Mawambi (Uganda) in partial fulfilment of the requirements for obtaining the degree of MASTER OF ARTS IN DEVELOPMENT STUDIES Major: Social Policy for Development (SPD) Members of the Examining Committee: Professor Irene Van Staveren Dr. Loes Keysers The Hague, The Netherlands December 2014 ii Acknowledgements This path would not have yielded any results if it was for my supervisor Pro- fessor Irene Van Staveren and Second reader Dr. Loes Keyssers, your encour- agement and support was indeed immeasurable. The Almighty God who made this possible for me throughout this journey I thank you very much. iii Contents Acknowledgements iii List of Figures vi List of Maps vi List of Appendices vi List of Acronyms vii Abstract viii Chapter 1: Introduction 1 1.1 Contextual Background 1 1.1.1 The nature of South Africa’s Legislation 2 1.2 Problem Statement 3 1.3 Research Objective 4 1.4 Research Questions 4 1.5 Structure of the paper 5 CHAPTER 2: Research Methodology 6 2.1 Study Area 6 Source 7 2.2 Study Design 7 2.2.1 Phenomenology approach 8 2.3 Sample size 8 2.4 Framing of black LGBTs 8 2.5 Research Instruments 9 2.6 Ethical Considerations 9 2.7 Limitation and challenges of Anti-discriminatory interventions 10 CHAPTER 3: Conceptual and Analytical Framework 11 3.1 Historical underpinnings of Discrimination against LGBT people in South Africa. 11 3.2 Facts on ground: Legality at crossroads with reality in South Africa 12 3.3 Constitutional provisions protecting LGBT people in Post-Apartheid Era.
    [Show full text]
  • The National Coalition for Gay and Lesbian Equality and Anothe
    CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 11/98 THE NATIONAL COALITION FOR GAY AND LESBIAN EQUALITY First Applicant THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION Second Applicant versus THE MINISTER OF JUSTICE First Respondent THE MINISTER OF SAFETY AND SECURITY Second Respondent THE ATTORNEY-GENERAL OF THE WITWATERSRAND Third Respondent Heard on : 27 August 1998 Decided on : 9 October 1998 JUDGMENT ACKERMANN J: Introduction [1] This matter concerns the confirmation of a declaration of constitutional invalidity of - (a) section 20A of the Sexual Offences Act, 1957; (b) the inclusion of sodomy as an item in Schedule 1 of the Criminal SACHS J Procedure Act, 1977 (“Schedule 1 of the CPA”); and (c) the inclusion of sodomy as an item in the schedule to the Security Officers Act, 1987 (“the Security Officers Act Schedule”); made by Heher J in the Witwatersrand High Court on 8 May 1998.1 These declarations were made and referred to this Court for confirmation under section 172(2)(a) of the 1996 Constitution.2 [2] The full order made by Heher J reads as follows: “1. It is declared that the common-law offence of sodomy is inconsistent with the Constitution of the Republic of South Africa 1996. 2. It is declared that the common-law offence of commission of an unnatural sexual act is inconsistent with the Constitution of the Republic of South Africa 1996 to the extent that it criminalises acts committed by a man or between men which, if committed by a woman or between women or between a man and a woman, would not constitute an offence.
    [Show full text]
  • State Capture and the Political Manipulation of Criminal Justice Agencies a Joint Submission to the Judicial Commission of Inquiry Into Allegations of State Capture
    State capture and the political manipulation of criminal justice agencies A joint submission to the Judicial Commission of Inquiry into Allegations of State Capture CORRUPTION WATCH AND THE INSTITUTE FOR SECURITY STUDIES APRIL 2019 State capture and the political manipulation of criminal justice agencies A joint submission by Corruption Watch and the Institute for Security Studies to the Judicial Commission of Inquiry into Allegations of State Capture April 2019 Contents Executive summary ..........................................................................................................................................3 Introduction ...................................................................................................................................................3 Structure and purpose of this submission .....................................................................................................3 Impact of manipulation of criminal justice agencies .......................................................................................4 Recent positive developments .......................................................................................................................4 Recommendations ........................................................................................................................................4 Fixing the legacy of the manipulation of criminal justice agencies..............................................................4 Addressing risk factors for future manipulation
    [Show full text]
  • Report Was Written by Scott Long, Consultant to Human Rights Watch and Former Program Director of the International Gay and Lesbian Human Rights Commission
    MORE THAN A NAME State-Sponsored Homophobia and Its Consequences in Southern Africa I wanted to speak to my president face to face one day and tell him, I am here. I wanted to say to him: I am not a word, I am not those things you call me. I wanted to say to him: I am more than a name. ⎯Francis Yabe Chisambisha, Zambian activist, interviewed in 2001. Human Rights Watch and The International Gay and Lesbian Human Rights Commission Copyright © 2003 by Human Rights Watch. All rights reserved. Printed in the United States of America ISBN: 1-56432-286-6 Library of Congress Control Number: 2003102060 Cover photograph: Cover design by Addresses for Human Rights Watch 350 Fifth Avenue, 34th Floor, New York, NY 10118-3299 Tel: (212) 290-4700, Fax: (212) 736-1300, E-mail: [email protected] 1630 Connecticut Avenue, N.W., Suite 500, Washington, DC 20009 Tel: (202) 612-4321, Fax: (202) 612-4333, E-mail: [email protected] 33 Islington High Street, N1 9LH London, UK Tel: (44 20) 7713 1995, Fax: (44 20) 7713 1800, E-mail: [email protected] 15 Rue Van Campenhout, 1000 Brussels, Belgium Tel: (32 2) 732-2009, Fax: (32 2) 732-0471, E-mail: [email protected] Web Site Address: http://www.hrw.org Listserv address: To subscribe to the list, send an e-mail message to hrw-news-subscribe @igc.topica.com with “subscribe hrw-news” in the body of the message (leave the subject line blank). Addresses for IGLHRC 1375 Sutter Street, Suite 222, San Francisco, CA 94109 Tel: (415) 561-0633, Fax: (415) 561-0619, E-mail: [email protected] IGLHRC, c/o HRW 350 Fifth Avenue, 34th Floor, New York, NY 10118-3299 Tel: (212) 216-1814, Fax: (212) 216-1876, E-mail: [email protected] Roma 1 Mezzanine, (entrada por Versalles 63) Col.
    [Show full text]
  • PRIDE at Work a Study on Discrimination at Work on the Basis of Sexual Orientation and Gender Identity in South Africa
    Working Paper No. 4 / 2016 PRIDE at work A study on discrimination at work on the basis of sexual orientation and gender identity in South Africa Gender, Equality and Diversity Branch PRIDE at work A study on discrimination at work on the basis of sexual orientation and gender identity in South Africa Based on the research undertaken by Nina Benjamin from the Labour Research Service (LRS) and Finn Reygan from the Gay and Lesbian Memory in Action (GALA) Copyright © International Labour Organization 2016 First published 2016 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Licensing), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with a reproduction rights organization may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. ILO Cataloguing in Publication Data PRIDE at work : a study on discrimination at work on the basis of sexual orientation and gender identity in South Africa / International Labour Office, Gender, Equality and Diversity Branch. - Geneva: ILO, 2016 ISBN: 9789221310426; 9789221310433
    [Show full text]
  • Justice Zak Yacoob and the Making of a Civil Practice Hapter C 9
    TRANSFORMATION AS CONSTITUTIONAL IMPERATIVE: JUSTICE ZAK YACOOB AND THE MAKING OF A CIVIL PRACTICE HAPTER C 9 Vasu Reddy & Sarah Chiumbu Source: http://www.constitutionalcourt.org.za/site/judges/justicezakYacoob/index1.html 1Introduction This chapter provides an empirical and analytical template that foregrounds the legal personality of Justice Zak Yacoob and his contributions in promoting the transformative objectives and vision of the Constitution. Our approach sees as inseparable the making of the man and his contribution to the Constitution. We propose therefore that Yacoob’s engagement with matters constitutional has its origins in an ongoing project rooted in his social, historical and political shaping. His identity, physical blindness and Muslim upbringing have shaped his contribution to the Constitution in unique ways. Identity, following Stuart Hall,881 is a 881 S Hall ‘Fantasy, identity, politics’ in E Carter et al (eds) Cultural remix: Theories of politics and the popular (1995). 206 Justice Zak Yacoob 207 function of ‘processes that constitute and continuously reform the subject who has to act and speak in the social and cultural world.’882 The argument herein takes as a point of departure a central thread in the volume in which it appears, which is concerned, following Ngcobo’s 2016 public address,883 with the question as to why the Constitution matters in so far as it frames the character, role, and identity of Justice Zak Yacoob on the Constitutional Court Bench. Justice Yacoob surfaces in this sense as a signal torchbearer for the value of the Constitution and its transformative imperative. Our argument zeroes in on the character, nature and attributes of the meaning of the Constitution, and we deploy a reading that motivates that the developing identity of Yacoob is a central thread that gains currency over time, for it is difficult to separate the man from his understanding, interpretation and execution of the constitutional mandate.
    [Show full text]
  • 11 Decriminalising Homosexuality in Africa
    11 Decriminalising homosexuality in Africa: lessons from the South African experience Gustavo Gomes da Costa Santos The lesbian and gay sexual rights issue has become increasingly visible in the international context, including in South Africa. Recent recognition of lesbian and gay rights and approval of equality laws in several countries confirms the relevance of this issue at the beginning of the 21st century. Reaction from conservative groups in different national contexts has also brought gay and lesbian rights to the forefront in both national and international political agendas. The demands of lesbian and gay people for equality first emerged in ‘developed’ countries and nowadays are present throughout ‘developing’ countries. Many activists have demanded equality and in several cases, they have been winning legal battles. Such is the case in South Africa, where an equality clause was included in the Bill of Rights within the new post-apartheid Interim Constitution of 1993, which came into force in 1994, and was also included in the final Constitution (Constitution of the Republic of South Africa 1993; 1996). The equality clause prohibits unfair discrimination on grounds including ‘sexual orientation’ (Kennedy 2001). This was the first case in the world where a constitution text included lesbian and gay rights among the rights protected by law, and this contributed to dramatic changes including the decriminalisation of sex between men in 1998 and the creation of same-sex marriage in 2006. After being under Dutch colonisation for almost 200 years, South Africa was occupied by British troops in 1795. It was only in 1806 that the British Empire finally gained South Africa as part of its territories scattered around the world.
    [Show full text]
  • A Survey of Laws Impacting the Human Rights of Lesbian, Gay, Bisexual and Transgender Persons in Selected Southern African Countries
    A SURVEY OF LAWS IMPACTING THE HUMAN RIGHTS OF LESBIAN, GAY, BISEXUAL AND TRANSGENDER PERSONS IN SELECTED SOUTHERN AFRICAN COUNTRIES March 16, 2016 OutRight Action International wishes to acknowledge with thanks the invaluable contributions to the report provided on a pro bono basis by the international law firms of Milbank and Webber Wentzel, with the support of the Cyrus R. Vance Center for International Justice, and the African Affairs Committee, of the New York Bar Association. I. EXECUTIVE SUMMARY This report seeks to outline the current state of legal protection for the human rights of lesbian, gay, bisexual and transgender (“LGBT”) persons in southern Africa by examining relevant current legislation in each of South Africa, Malawi, Namibia, Zambia and Zimbabwe and surveying the enforcement activities with regard to said legislation and communal attitudes toward LGBT individuals. By combining the individual case studies and providing a like-for- like comparison, this report seeks to identify how the neighboring states have influenced each other, both legislatively and with regard to popular attitudes, and to ascertain specific areas in which any individual country has made particularly progressive strides, thereby isolating the factors which have precipitated such progress. This report consists of the following sections: (i) an executive summary, (ii) case studies for each of South Africa, Malawi, Namibia, Zambia and Zimbabwe, (iii) a brief analysis of the international and regional treaties and protocols that may impact the human rights of LGBT persons to which any of the above countries is a party and (iv) a conclusion summarizing the results of the preceding analysis.
    [Show full text]
  • Chapter 1 Making the Road.Fm
    INTRODUCTION HAPTER C 1 Michael Cosser, Narnia Bohler-Muller & Gary Pienaar 1Introduction 1.1 Making the road by walking The Constitution of the Republic of South Africa, the final draft of which was forged over a two-year period between 1994 and 1996, assumed a particular profile in the body politic in 2016. Following the release of the Public Protector’s 2014 report on improvements to President Zuma’s Nkandla residence,1 the Constitutional Court in March 2016 declared binding her findings and recommendations about the need for the President to repay public monies spent on non-security upgrades to his residence.2 Such high-profile cases, however, can distract us from the importance of the Constitution in shaping the lives of ordinary people. In catapulting the Constitution into the limelight, the ‘Nkandla judgement’, as it is known colloquially, has created renewed interest in what meaning the Constitution has for South Africans in 2018 and beyond. The initial impetus for this book came from a public address by former Chief Justice Sandile Ngcobo. Delivered on 30 June 2016 and entitled ‘Why does the Constitution matter?’, his address began with an almost throwaway comment: that he was ‘privileged enough … to participate in constructing our foundational jurisprudence on constitutional law.’3 Ngcobo went on to say that the process of building a constitutional 1 Public Protector South Africa ‘Secure in comfort’ http://www.pprotect.org/library/ investigation_report/2013-14/Final Report 19 March 2014 pdf (accessed 23 May 2017). 2 Economic Freedom Fighters v Speaker of the National Assembly and Others 2016 (3) SA 580 (CC).
    [Show full text]
  • Delivery of Justice: Independence and Accountability
    DELIVERY OF JUSTICE INDEPENDENCE AND ACCOUNTABILITY VISION PROMOTING INDEPENDENCE AND ACCOUNTABILITY IN THE CRIMINAL JUSTICE SYSTEM MISSION TO START A DISCUSSION ON THE STATE OF THE CRIMINAL JUSTICE SYSTEM AND HOW TO IMPROVE ON ITS INDEPENDENCE AND ACCOUNTABILITY. TO CREATE AWARENESS ABOUT THE GAPS IN THE LAW GOVERNING THE CRIMINAL JUSTICE SYSTEM. TO PROMOTE LEGISLATIVE REFORM. THE HSF IS DRIVEN BY THE FOLLOWING PRINCIPLES Independence: structural and operational autonomy secured through institutional and legal mechanisms aimed at preventing undue political interference. Security of tenure: as a feature promoting institutional independence, this provides certainty that certain office-bearers cannot be removed from office except in exceptional and specified circumstances. Accountability: answerable to the public, with consequences for improper or incompetent conduct. HOSTED BY THE HSF ON 7 AUGUST 2019 AT GIBS, IN ASSOCIATION WITH FRIEDRICH NAUMANN FOUNDATION AND AN ANONYMOUS FUNDER. CONTACT DETAILS Tel +27 11 482 2872 Fax +27 11 482 8468 Email [email protected] Website www.hsf.org.za Postal address Postnet Suite 130, Private Bag X2600, Houghton, 2041, South Africa Physical address Dysart House, 6 Sherborne Road, Parktown, 2193, Johannesburg AUG 2019 CONTENTS CONCEPT NOTE 2 EXECUTIVE SUMMARY OF THE CRIMINAL JUSTICE SYSTEM: RADICAL REFORM REQUIRED TO PURGE POLITICAL INTERFERENCE 3 PANELIST PROFILES 5 WELCOME & INTRODUCTION 6 PANELISTS • JUDGE ZAK YACOOB 8 • DEPUTY MINISTER JOHN JEFFERY 10 QUESTIONS AND ANSWERS 12 Director: Francis Antonie Board of Trustees: Cecily Carmona, Max du Plessis, Cora Hoexter , Nick Jonsson, Daniel Jowell, Kalim Rajab, Gary Ralfe, Rosemary Smuts, Richard Steyn, Phila Zulu Author: Lee-Ann Germanos Design | Layout: AJ Tomlinson Photography: Caroline Suzman Funders: The Helen Suzman Foundation is grateful to Friedrich Naumann Foundation and an anonymous funder for their support.
    [Show full text]