Download 2014 Annual Report
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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. -
Truth and Reconciliation Commission of South Africa Report: Volume 2
VOLUME TWO Truth and Reconciliation Commission of South Africa Report The report of the Truth and Reconciliation Commission was presented to President Nelson Mandela on 29 October 1998. Archbishop Desmond Tutu Ms Hlengiwe Mkhize Chairperson Dr Alex Boraine Mr Dumisa Ntsebeza Vice-Chairperson Ms Mary Burton Dr Wendy Orr Revd Bongani Finca Adv Denzil Potgieter Ms Sisi Khampepe Dr Fazel Randera Mr Richard Lyster Ms Yasmin Sooka Mr Wynand Malan* Ms Glenda Wildschut Dr Khoza Mgojo * Subject to minority position. See volume 5. Chief Executive Officer: Dr Biki Minyuku I CONTENTS Chapter 1 Chapter 6 National Overview .......................................... 1 Special Investigation The Death of President Samora Machel ................................................ 488 Chapter 2 The State outside Special Investigation South Africa (1960-1990).......................... 42 Helderberg Crash ........................................... 497 Special Investigation Chemical and Biological Warfare........ 504 Chapter 3 The State inside South Africa (1960-1990).......................... 165 Special Investigation Appendix: State Security Forces: Directory Secret State Funding................................... 518 of Organisations and Structures........................ 313 Special Investigation Exhumations....................................................... 537 Chapter 4 The Liberation Movements from 1960 to 1990 ..................................................... 325 Special Investigation Appendix: Organisational structures and The Mandela United -
Top Court Trims Executive Power Over Hawks
Legalbrief | your legal news hub Sunday 26 September 2021 Top court trims executive power over Hawks The Constitutional Court has not only agreed that legislation governing the Hawks does not provide adequate independence for the corruption-busting unit, it has 'deleted' the defective sections, notes Legalbrief. It found parts of the legislation that governs the specialist corruption-busting body unconstitutional, because they did not sufficiently insulate it from potential executive interference. This, notes a Business Day report, is the second time the court has found the legislation governing the Hawks, which replaced the Scorpions, unconstitutional for not being independent enough. The first time, the court sent it back to Parliament to fix. This time the court did the fixing, by cutting out the offending words and sections. The report says the idea behind the surgery on the South African Police Service (SAPS) Act was to ensure it had sufficient structural and operational independence, a constitutional requirement. In a majority judgment, Chief Justice Mogoeng Mogoeng said: 'Our anti-corruption agency is not required to be absolutely independent. It, however, has to be adequately independent. 'And that must be evidenced by both its structural and operational autonomy.' The judgment resolved two cases initially brought separately - one by businessman Hugh Glenister, the other by the Helen Suzman Foundation (HSF), notes Business Day. Because both cases challenged the Hawks legislation on the grounds of independence, the two were joined. Glenister's case - that the Hawks could never be independent while located in the SAPS, which was rife with corruption - was rejected by the court. -
JSC Rejects Hlophe Bid for Recusal of Five Members
Legalbrief | your legal news hub Thursday 30 September 2021 JSC rejects Hlophe bid for recusal of five members The Judicial Service Commission (JSC) will for the first time hold an inquiry that could be the prelude to the impeachment of a judge, after it rejected a request that five of its members should recuse themselves, says a report in the The Sunday Independent. The JSC, which met at the weekend to consider the complaints by the Constitutional Court and Cape Judge President John Hlophe, found that in view of the 'conflict of fact' on papers before it, oral evidence would be required from both sides. The report quotes an unnamed leading senior counsel as saying: 'The inquiry that is going to be held is of huge importance. If this matter is proved, it is difficult to imagine anything more serious.' The request for recusal by counsel for Hlophe was based on concerns that he would not get a fair hearing because last year the five had felt the Judge President should face a gross misconduct inquiry relating to his 'moonlighting' for the Oasis group of companies. At the time, during the Oasis matter, the JSC had been split largely on racial lines, and it was Chief Justice Pius Langa who cast the deciding vote that saw Hlophe escape an inquiry that could have led to his impeachment. According to a report on the News24 site, JSC spokesperson Marumo Moerane said both parties made presentations regarding the future conduct of the matter. He said notice of the date and venue of the oral hearing would be made known once arrangements had been finalised. -
The Struggle for the Rule of Law in South Africa
NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 1 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 5 Judicial Independence and the Transition to Democracy January 2016 The Struggle for the Rule of Law in South Africa STEPHEN ELLMANN Martin Professor of Law at New York Law School Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation STEPHEN ELLMANN, The Struggle for the Rule of Law in South Africa, 60 N.Y.L. SCH. L. REV. (2015-2016). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 VOLUME 60 | 2015/16 Stephen Ellmann The Struggle for the Rule of Law in South Africa 60 N.Y.L. Sch. L. Rev. 57 (2015–2016) ABOUT THE AUTHOR: Stephen Ellmann is Martin Professor of Law at New York Law School. The author thanks the other presenters, commentators, and attenders of the “Courts Against Corruption” panel, on November 16, 2014, for their insights. www.nylslawreview.com 57 THE STRUGGLE FOR THE RULE OF LAW IN SOUTH AFRICA NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 I. INTRODUCTION The blight of apartheid was partly its horrendous discrimination, but also its lawlessness. South Africa was lawless in the bluntest sense, as its rulers maintained their power with the help of death squads and torturers.1 But it was also lawless, or at least unlawful, in a broader and more pervasive way: the rule of law did not hold in South Africa. -
Three Essays on Moral Leadership
PENN LAW INTERNATIONAL PROGRAMS BENDING THE ARC OF THE MORAL UNIVERSE THREE ESSAYS ON MORAL LEADERSHIP “The late Supreme Court Justice Thurgood Marshall, for whom I clerked years ago, said it best: We must dissent from the indifference. We must dissent from the apathy….We must dissent from the poverty of vision and the absence of moral leadership." -Crystal Nix Hines at Penn Law on September 23, 2019 25 Years After Apartheid: Looking to the Past; Looking to the Future Justice Sisi Khampepe Diaries from the Field: Children Who Were Soldiers Former UN Under Secretary General Radhika Coomaraswamy Women’s Leadership in Law and Foreign Policy Ambassador Crystal Nix-Hines Radhika Coomaraswamy's "Children Who Were Soldiers: Diaries from the Field" and Justice Sisi Khampepe's "25 Years after Apartheid: Looking to the Past; Looking to the Future" are two separate but interconnected reflections about conflict and the complex narrative of the potential of law and legal institutions to strengthen restorative justice. The third paper by Ambassador Crystal Nix Hines, our former Ambassador to UNESCO, an organization founded on the ashes of the two World Wars to promote international cooperation, examines the role of a disrupter in legal settings: "How can we do that? With deliberate intention. Even the smallest stones disrupt the surface of water, and if a single stoneʼs disruption is mirrored by more and more stones, the face of the water will, eventually, change." These profoundly moving meditations by three recent speakers at the law school are reminders to a diverse community of our connective tissues - grounded in the rule of law- and ways to move forward, even when the past wrongs are unalterable. -
The Judiciary As a Site of the Struggle for Political Power: a South African Perspective
The judiciary as a site of the struggle for political power: A South African perspective Freddy Mnyongani: [email protected] Department of Jurisprudence, University of South Africa (UNISA) 1. Introduction In any system of government, the judiciary occupies a vulnerable position. While it is itself vulnerable to domination by the ruling party, the judiciary must at all times try to be independent as it executes its task of protecting the weak and vulnerable of any society. History has however shown that in most African countries, the judiciary has on a number of occasions succumbed to the domination of the ruling power. The struggle to stay in power by the ruling elite is waged, among others, in the courts where laws are interpreted and applied by judges who see their role as the maintenance of the status quo. To date, a typical biography of a post-independence liberation leader turned president would make reference to a time spent in jail during the struggle for liberation.1 In the post-independence Sub-Saharan Africa, the situation regarding the role of the judiciary has not changed much. The imprisonment of opposition leaders, especially closer to elections continues to be a common occurrence. If not that, potential opponents are subjected to charges that are nothing but a display of power and might. An additional factor relates to the disputes surrounding election results, which inevitably end up in court. The role of the judiciary in mediating these disputes, which are highly political in nature, becomes crucial. As the tension heats up, the debate regarding the appointment of judges, their ideological background and their independence or lack thereof, become fodder for the media. -
Do Women on South Africa's Courts Make a Difference?
Do Women on South Africa’s Courts Make a Difference? Do Women on South Africa’s Courts Make a Difference? *By Ruth B. Cowan Research assistance provided by Colleen Normile Women’s presence on the bench in South Africa began in 1994 with the end of apartheid. As Justice Yvonne Mokgoro observes in the documentary Courting Justice, during the hundreds of preceding years “ I guess there was no thought that women could also serve.” More accurately, what kept women off the bench were the thoughts that women , unsuited by nature, could never serve. The post apartheid Constitution, setting forth a human rights- based constitutional democracy, dismissed these notions and mandated the consideration of women when making judicial appointments. The appointments were to be made to what was now to be an independent judiciary. The apartheid judiciary had not been independent—its charge was to assure the validation of apartheid’s legislation, executive regulations and official actions. Yet, these courts were to be retained, as were the judges and court personnel whose record was hostile to the very human rights which the judiciary was now charged to protect. The Constitution did create one new court ; i.e., the Constitutional Court . It was charged with and limited to considering cases in which constitutional issues were raised. Given the continued engagement of the apartheid judges --all but two of whom were white males and almost all of whom were energetic in support of apartheid’s oppressive and repressive laws and brutal actions, the transformation of the judiciary by race and gender was and continues to be verbally embraced as a high priority. -
New Chief Justice and Onstitutional Court Justices
JUDICIARY TH I now come to Justice Albie Sachs. What’s to say that hasn’t been President of this court in August 1997 and, in November 2001, Deputy 5 WORLD BAR CONFERENCE said? Chief Justice. He became Chief Justice and head of this court with Justice Sachs has written extensively on culture, gender rights and effect from 1 June 2005. In his four years as Chief Justice he has had the environment. [His] … contribution to the artwork in the court is to deal with impossible challenges to the judiciary. He has done so, in well-documented. our view, with remarkable dignity and strength of resolve in the face He has variously said: of adversity. ‘I heard they’d caught the guy who’d put the bomb in my car. He has said, extra-curially: To this day I don’t know if it was true or not, but I said, ‘’Fantastic, ‘Africa simply cannot afford to … bear more genocides, territorial I’d love to meet him. I’d love to have a human, face-to-face contact wars and war-lordism; the fostering, promotion and use of child The New Legal Challenges: with him.’’ To humanise the relationship. The idea of being almost soldiers to fight in wars designed to satisfy the ambitions of grown blotted out by someone who doesn’t know me, who’s only seen me in men; the wanton abuse and rape perpetrated on women and children; a photograph as an object to be eliminated was unbearable. And I just schemes that result in hunger, starvation and extreme poverty. -
Application to the Tribunal
Application to the Tribunal And as replacement to 2015.010.21 Application UZA with ITNJ General Jurisdiction: Republic of South Africa Court of origin (where appropriate): Constitutional Court of South Africa; Appeal number (where appropriate): Date of filing: 23rd of October 2015 ITNJ File No: 2015.01 - UZA Constitutional Court Case Number: CCT 200/15 Agents Applicant’s agents: court of record: representative real action of we, the people; Unified Common-law Grand Jury of Southern Africa, hereinafter UZA or uza Respondent’s agents: The National Prosecuting Authority of South Africa 1. Details of the applicant Applicant’s full name: Unified Common Law Grand Jury of Southern Africa Original status: Claimant Defendant Intervener ITNJ Form 1 – Application to the Tribunal Page 1 of 21 Petitioner Respondent Agent (if applicable) Name: administrator: brother-thomas-graham:carlsson-rudman prosecutor : miss t bailiwick : jan:lohfeldt Address: Telephone: skype: commonlawsa1 c/o Unified Grand Jury ZA Fax no: ------- P.O. Box 166 DX no: ------- Laezonia Ref: Pretoria Concourt: CCT: 200/15 South Africa, ZA ITNJ: 15.10.23 UZA: 2013/06/S11 Postcode: n/a (jurisdiction) Email: [email protected] and [email protected] and [email protected] How would you prefer us to communicate with you? Via email thank you; Counsel (if applicable) Name: miss t (attorney at law) attorney in fact in this case Address: s/a/a Telephone no: Fax no: Postcode: DX no: Ref: Email: [email protected] How would you prefer us to communicate with you? Email ITNJ Form 1 – Application to the Tribunal Page 2 of 21 2. -
Truth and Reconciliation Commission of South Africa Report
VOLUME THREE Truth and Reconciliation Commission of South Africa Report The report of the Truth and Reconciliation Commission was presented to President Nelson Mandela on 29 October 1998. Archbishop Desmond Tutu Ms Hlengiwe Mkhize Chairperson Dr Alex Boraine Mr Dumisa Ntsebeza Vice-Chairperson Ms Mary Burton Dr Wendy Orr Revd Bongani Finca Adv Denzil Potgieter Ms Sisi Khampepe Dr Fazel Randera Mr Richard Lyster Ms Yasmin Sooka Mr Wynand Malan* Ms Glenda Wildschut Dr Khoza Mgojo * Subject to minority position. See volume 5. Chief Executive Officer: Dr Biki Minyuku I CONTENTS Chapter 1 Introduction to Regional Profiles ........ 1 Appendix: National Chronology......................... 12 Chapter 2 REGIONAL PROFILE: Eastern Cape ..................................................... 34 Appendix: Statistics on Violations in the Eastern Cape........................................................... 150 Chapter 3 REGIONAL PROFILE: Natal and KwaZulu ........................................ 155 Appendix: Statistics on Violations in Natal, KwaZulu and the Orange Free State... 324 Chapter 4 REGIONAL PROFILE: Orange Free State.......................................... 329 Chapter 5 REGIONAL PROFILE: Western Cape.................................................... 390 Appendix: Statistics on Violations in the Western Cape ......................................................... 523 Chapter 6 REGIONAL PROFILE: Transvaal .............................................................. 528 Appendix: Statistics on Violations in the Transvaal ...................................................... -
Deputy Chief Justice Interview of Justice RMM Zond
Judicial Service Commission interviews 3 April 2017. Constitutional Court: Deputy Chief Justice Interview of Justice R M M Zondo DISCLAMER: These detailed unofficial transcripts were compiled to the best of the abilities of the monitor. However due to capacity constraints they have not been fully edited. We have therefore made the video recordings available that were taken during the interviews available. Those wishing to cite or quote from the transcript are encouraged to check accuracy with reference to the video file. Chairperson, Chief Justice Mogoeng Mogoeng: Good morning, Justice Zondo. Justice Zondo: Good morning Chief Justice, good morning commissioners. Mogoeng: Maybe I should ask you what I ask all candidates – Are you a bit nervous or not? Zondo: Despite the fact that I am coming to this commission for the seventh time, yes I am a bit nervous. Mogoeng: I need to declare that I have known you since we met in 1981 as first year students at the University of Zululand, and more importantly that we have been friends ever since. Commissioner Didiza: Thank you Chief Justice. I also want to declare that I have known Judge Zondo for a long time as a family friend. Mogoeng: Where were you born? Zondo: I was born at Ixopo in KZN. 1 I was one of at some stage nine children. I was the third and my father worked in Johannesburg so we lived with my mother most of the time. My father came home only very irregularly so that most of the time it was my mother who took care of us.