DOCSLIB.ORG

A Review by Afrimap and Open Society Foundation for South Africa

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
A Review by Afrimap and Open Society Foundation for South Africa South Africa Justice Sector and the Rule of Law A review by AfriMAP and Open Society Foundation for South Africa OPEN SOCIETY FOUNDATION Copyright © 2005 by the Open Society Foundation for South Africa. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form, or by any means, without the prior permission of the publisher. Published by: Open Society Foundation for South Africa ISBN: 1-920051-22-8 For more information, contact: AfriMAP Open Society Foundation 5th Floor, Cambridge House 100 Cambridge Grove London, W6 OLE, United Kingdom www.afrimap.org Open Society Foundation for South Africa Colinton House, The Oval 1 Oakdale Road Newlands, 7700, South Africa www.osf.org.za Design by: Jeanne Criscola/Criscola Design, New York Layout and printing by: Compress, South Africa Cover image: Headband, 20th century Ndebele; South Africa Glass beads, fiber 20 1/4 x 2 1/2 in. Collection of the Orlando Museum of Art, gift of Norma Canelas and William D. Roth Contents List of case studies v List of acronyms vi Acknowledgements viii Preface ix Foreword x Executive summary 1 1 Legal and institutional framework 3 A. International law, the Constitution and national legislation 3 B. Structure of the court system 15 C. Reform of the legal sector 22 2 Government respect for the rule of law 25 A. The legislative process 25 B. Executive compliance with the law 27 C. Investigation of executive action: commissions of enquiry 32 D. Pardons and amnesties 35 3 Management of the justice system 39 A. Planning and financial management 39 B. Court administration 46 C. Availability of legislation and jurisprudence 50 D. Access to information about the courts 52 4 Independence and accountability of judges and lawyers 55 A. Judges and magistrates 55 B. Lawyers 66 5 Criminal justice 70 A. Protection from crime 70 B. Policing 73 C. Fair trial 85 D. Appropriate remedies and sentencing 92 E. Prisons 97 F. Non-state action against crime 104 6 Access to justice 108 A. Knowledge of rights 108 B. Physical access 109 C. Financial access 110 D. Right to appear/jurisdictional restrictions 117 E. Delays in court proceedings 118 F. ‘Traditional’ justice systems 118 G. Respect for court orders 122 H. Official mechanisms to assert rights outside the court system 123 I. Non-state mechanisms and alternative dispute resolution 131 7 Development assistance 132 Annexes Annex A: Human rights treaties 134 Annex B: Notable laws affecting the justice system 139 Annex C: Court structure 141 Annex D: Sources on management of the justice sector 146 Annex E: Policing in South Africa 148 List of case studies Successful institutional reform—sexual offences courts 23 Government’s failure to comply with the Grootboom judgment 31 The Schabir Shaik and Jacob Zuma prosecutions 34 Media access to court hearings 53 Transformation of the judiciary in South Africa 62 The effect of the introduction of minimum sentencing on prison overcrowding 96 People Against Gangsterism and Drugs (PAGAD) 106 Access to justice for immigration detainees 115 SOUTH AFRICA: JUSTICE SECTOR AND THE RULE OF LAW v List of acronyms AfriMAP Africa Governance Monitoring and Advocacy Project ACDP African Christian Democratic Party ANC African National Congress APRM African Peer Review Mechanism AWB Afrikaner Weerstandsbeweging AU African Union AZAPO Azanian People’s Organisation CALS Centre for Applied Legal Studies CSSDCA Conference on Security, Stability, Development and Co-operation in Africa CPF Community Police Forum CSPRI Civil Society Prison Reform Initiative CV Curriculum Vitae DA Democratic Alliance DoJCD Department of Justice and Constitutional Development ENE Estimates of National Expenditure FBI Federal Bureau of Investigation FXI Freedom of Expression Institute of South Africa HURISA Human Rights Institute of South Africa ICD Independent Complaints Directorate ICESR International Covenant on Economic and Social Rights IDASA Institute for Democracy in South Africa IFP Inkatha Freedom Party IPV Independent Prison Visitor JSC Judicial Services Commission LLB Bachelor of Law degree LSSA Law Society of South Africa MEC Member of the Executive Council (provincial executive) MTEF Medium-Term Expenditure Framework MTSF Medium-Term Strategic Framework NDPP National Director of Public Prosecutions vi SOUTH AFRICA: JUSTICE SECTOR AND THE RULE OF LAW NEC National Executive Council (of the ANC) NEPAD New Partnership for Africa’s Development NGO Non-governmental Organisation NICRO National Institute for Crime Prevention and the Reintegration of Offenders NNP New National Party NPA National Prosecuting Authority OAU Organisation of African Unity OHCHR Office of the UN High Commissioner for Human Rights OSF-SA Open Society Foundation for South Africa PAGAD People Against Gangsterism and Drugs PAIA Promotion of Access to Information Act PAJA Promotion of Administrative Justice Act PEACA Peninsula Anti-Crime Agency PLT Practical Legal Training course Poslec Seta Police, Private Security, Legal, Correctional Services and Justice Sector Education and Training Authority SABC South African Broadcasting Corporation SAHA South African History Archive SAHRC South African Human Rights Commission SANDF South African National Defence Force SANGOCO South African Non-Governmental Organisation Coalition SARS South African Revenue Service SAPS South African Police Service SCOPA Standing Committee on Public Accounts SIU Special Investigating Units TAC Treatment Action Campaign TRC Truth and Reconciliation Commission UN United Nations USA United States of America WLC Women’s Legal Centre SOUTH AFRICA: JUSTICE SECTOR AND THE RULE OF LAW vii Acknowledgements The preparation and finalisation of this report would not have been possible without the valuable contributions of a number of individuals and research organisations. Key amongst these contributors is Anthea van der Burg (OSF-SA), who played many roles from researcher to editor to manager. Without her pivotal role, this report may yet be a work in progress. Karla Saller undertook the task of legal editor and not only did a superb job, she enjoyed herself too. Sean Tait and Louise Ehlers, senior members of staff at OSF-SA, contributed excellent research on the Criminal Justice System in South Africa. A panel of researchers, comprised of the Human Rights Institute for South Africa (HURISA), the Institute for Security Studies, and Chaskalson and De Jong Associates, prepared sections of the report. Bronwen Manby, executive director of AfriMAP, edited drafts of the report and made valu- able contributions. Smita Choraria, programme assistant to AfriMAP, provided painstaking work in checking footnotes and summarising chapter contents, as well as contributing supplementary research and leading the report design. Zohra Dawood, executive director of OSF-SA, provided intellectual guidance and valuable advice throughout the process. Sincere appreciation is extended to all involved. viii SOUTH AFRICA: JUSTICE SECTOR AND THE RULE OF LAW Preface The Africa Governance Monitoring and Advocacy Project (AfriMAP) of the Open Society Foundation was established in 2004 to monitor observance of standards relating to human rights, the rule of law and accountable government, by both African states and their development partners. African states have undertaken increasing commitments to good governance since the African Union replaced the Organisation of African Unity in 2002. Among these commit- ments are the provisions of the Constitutive Act of the African Union, in which member states agree to promote human rights, democratic principles and institutions, popular participa- tion and good governance. Other newly adopted documents include the New Partnership for Africa’s Development (NEPAD) and the African Peer Review Mechanism (APRM), as well as the Convention on Preventing and Combating Corruption. AfriMAP’s research is intended to facilitate and promote respect for these commitments by highlighting key issues, and providing a platform for national civil society organisations to engage in their own monitoring efforts. AfriMAP’s methodology is based on standardised reporting frameworks that link respect for good governance and human rights, to development that benefits poor people. Through a process of expert consultation, AfriMAP has developed reporting frameworks in three thematic areas: the justice sector and the rule of law; political participation; and the delivery of public ser- vices. The questionnaires that result, among them the questionnaire on the justice sector and the rule of law that guided this report, are available at the AfriMAP website: www.afrimap.org. The reports are elaborated by experts from the countries concerned, in close collaboration with the Open Society Institute’s network of foundations in Africa and AfriMAP’s own staff. Drafts of this report were reviewed by a range of experts, with their comments and criticisms reflected in the final content. The aim is that the reports should form a resource both for activists in the country concerned, and for others working across Africa, to improve respect for human rights and democratic values. SOUTH AFRICA: JUSTICE SECTOR AND THE RULE OF LAW ix Foreword This report, South Africa: Justice Sector and the Rule of Law, comes at an important time for South Africa and the African continent. It is one of a set of reports initiated by AfriMAP that intend to go beyond describing the institutional arrangements in a constitutional democracy and reflect on the health and quality of democracy and
Load more

Recommended publications
  • The South African Criminal Law's Response to The
    THE SOUTH AFRICAN CRIMINAL LAW’S RESPONSE TO THE CRIMES OF FRAUD AND CORRUPTION WITHIN LOCAL GOVERNMENT by STEPHANIE NAIDOO Submitted in accordance with the requirements of the degree of MASTERS OF LAW (LLM) in the subject PUBLIC LAW at the UNIVERSITY OF PRETORIA SUPERVISOR: PROFESSOR G.P. STEVENS OCTOBER 2016 © University of Pretoria ii DECLARATION OF ORIGINALITY UNIVERSITY OF PRETORIA The Department of Public Law places great emphasis upon integrity and ethical conduct in the preparation of all written work submitted for academic evaluation. While academic staff teach you about referencing techniques and how to avoid plagiarism, you too have a responsibility in this regard. If you are at any stage uncertain as to what is required, you should speak to your lecturer before any written work is submitted. You are guilty of plagiarism if you copy something from another author’s work (eg a book, an article or a website) without acknowledging the source and pass it off as your own. In effect you are stealing something that belongs to someone else. This is not only the case when you copy work word-for-word (verbatim), but also when you submit someone else’s work in a slightly altered form (paraphrase) or use a line of argument without acknowledging it. You are not allowed to use work previously produced by another student. You are also not allowed to let anybody copy your work with the intention of passing if off as his/her work. Students who commit plagiarism will not be given any credit for plagiarised work. The matter may also be referred to the Disciplinary Committee (Students) for a ruling.
    [Show full text]
  • Transnational Resistance Strategies and Subnational Concessions in Namibia's Police Zone, 1919-1962
    Graduate Theses, Dissertations, and Problem Reports 2021 “Remov[e] Us From the Bondage of South Africa:” Transnational Resistance Strategies and Subnational Concessions in Namibia's Police Zone, 1919-1962 Michael R. Hogan West Virginia University, [email protected] Follow this and additional works at: https://researchrepository.wvu.edu/etd Part of the African History Commons Recommended Citation Hogan, Michael R., "“Remov[e] Us From the Bondage of South Africa:” Transnational Resistance Strategies and Subnational Concessions in Namibia's Police Zone, 1919-1962" (2021). Graduate Theses, Dissertations, and Problem Reports. 8264. https://researchrepository.wvu.edu/etd/8264 This Dissertation is protected by copyright and/or related rights. It has been brought to you by the The Research Repository @ WVU with permission from the rights-holder(s). You are free to use this Dissertation in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you must obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/ or on the work itself. This Dissertation has been accepted for inclusion in WVU Graduate Theses, Dissertations, and Problem Reports collection by an authorized administrator of The Research Repository @ WVU. For more information, please contact [email protected]. “Remov[e] Us From the Bondage of South Africa:” Transnational Resistance Strategies and Subnational Concessions in Namibia's Police Zone, 1919-1962 Michael Robert Hogan Dissertation submitted to the Eberly College of Arts and Sciences at West Virginia University in partial fulfillment of the requirements for the degree of Doctor of Philosophy In History Robert M.
    [Show full text]
  • Constitutional Authority and Its Limitations: the Politics of Sexuality in South Africa
    South Africa Constitutional Authority and its Limitations: The Politics of Sexuality in South Africa Belinda Beresford Helen Schneider Robert Sember Vagner Almeida “While the newly enfranchised have much to gain by supporting their government, they also have much to lose.” Adebe Zegeye (2001) A history of the future: Constitutional rights South Africa’s Constitutional Court is housed in an architecturally innovative complex on Constitution Hill, a 100-acre site in central Johannesburg. The site is adjacent to Hillbrow, a neighborhood of high-rise apartment buildings into which are crowded thousands of mi- grants from across the country and the continent. This is one of the country’s most densely populated, cosmopolitan and severely blighted urban areas. From its position atop Constitu- tion Hill, the Court offers views of Hillbrow’s high-rises and the distant northern suburbs where the established white elite and increasing numbers of newly affluent non-white South Africans live. Thus, while the light-filled, colorful and contemporary Constitutional Court buildings reflect the progressive and optimistic vision of post-apartheid South Africa the lo- cation is a reminder of the deeply entrenched inequalities that continue to define the rights of the majority of people in the country and the continent. CONSTITUTIONAL AUTHORITY AND ITS LIMITATIONS: THE POLITICS OF SEXUALITY IN SOUTH AFRICA 197 From the late 1800s to 1983 Constitution Hill was the location of Johannesburg’s central prison, the remains of which now lie in the shadow of the new court buildings. Former prison buildings include a fort built by the Boers (descendents of Dutch settlers) in the late 1800s to defend themselves against the thousands of men and women who arrived following the discovery of the area’s expansive gold deposits.
    [Show full text]
  • Country Guide South Africa
    Human Rights and Business Country Guide South Africa March 2015 Table of Contents How to Use this Guide .................................................................................. 3 Background & Context ................................................................................. 7 Rights Holders at Risk ........................................................................... 15 Rights Holders at Risk in the Workplace ..................................................... 15 Rights Holders at Risk in the Community ................................................... 25 Labour Standards ................................................................................. 35 Child Labour ............................................................................................... 35 Forced Labour ............................................................................................ 39 Occupational Health & Safety .................................................................... 42 Trade Unions .............................................................................................. 49 Working Conditions .................................................................................... 56 Community Impacts ............................................................................. 64 Environment ............................................................................................... 64 Land & Property ......................................................................................... 72 Revenue Transparency
    [Show full text]
  • Economic Ascendance Is/As Moral Rightness: the New Religious Political Right in Post-Apartheid South Africa Part
    Economic Ascendance is/as Moral Rightness: The New Religious Political Right in Post-apartheid South Africa Part One: The Political Introduction If one were to go by the paucity of academic scholarship on the broad New Right in the post-apartheid South African context, one would not be remiss for thinking that the country is immune from this global phenomenon. I say broad because there is some academic scholarship that deals only with the existence of right wing organisations at the end of the apartheid era (du Toit 1991, Grobbelaar et al. 1989, Schönteich 2004, Schönteich and Boshoff 2003, van Rooyen 1994, Visser 2007, Welsh 1988, 1989,1995, Zille 1988). In this older context, this work focuses on a number of white Right organisations, including their ideas of nationalism, the role of Christianity in their ideologies, as well as their opposition to reform in South Africa, especially the significance of the idea of partition in these organisations. Helen Zille’s list, for example, includes the Herstigte Nasionale Party, Conservative Party, Afrikaner People’s Guard, South African Bureau of Racial Affairs (SABRA), Society of Orange Workers, Forum for the Future, Stallard Foundation, Afrikaner Resistance Movement (AWB), and the White Liberation Movement (BBB). There is also literature that deals with New Right ideology and its impact on South African education in the transition era by drawing on the broader literature on how the New Right was using education as a primary battleground globally (Fataar 1997, Kallaway 1989). Moreover, another narrow and newer literature exists that continues the focus on primarily extreme right organisations in South Africa that have found resonance in the global context of the rise of the so-called Alternative Right that rejects mainstream conservatism.
    [Show full text]
  • WITHOUT FEAR OR FAVOUR the Scorpions and the Politics of Justice
    WITHOUT FEAR OR FAVOUR The Scorpions and the politics of justice David Bruce Centre for the Study of Violence and Reconciliation [email protected] In May 2008 legislation was tabled in Parliament providing for the dissolution of the Directorate of Special Operations (known as the ‘Scorpions’), an investigative unit based in the National Prosecuting Authority. The draft legislation provides that Scorpions members will selectively be incorporated into a new investigative unit located within the SAPS. These developments followed a resolution passed at the African National Congress National Conference in Polokwane in December 2007, calling for the unit to be disbanded. Since December the ANC has been forced to defend its decision in the face of widespread support for the Scorpions. One of the accusations made by the ANC was that the Scorpions were involved in politically motivated targeting of ANC members. This article examines the issue of political manipulation of criminal investigations and argues that doing away with the Scorpions will in fact increase the potential for such manipulation thereby undermining the principle of equality before the law. he origins of current initiatives to do away Accordingly we have decided not to with the Scorpions go back several years. In prosecute the deputy president (Mail and T2001 the National Prosecuting Authority Guardian online 2003). (NPA) approved an investigation into allegations of corruption in the awarding of arms deal contracts. Political commentator, Aubrey Matshiqi has argued In October 2002 they announced that this probe that this statement by Ngcuka ‘has in some ways would be extended to include allegations of bribery overshadowed every action taken in relation to against Jacob Zuma, then South Africa’s deputy Zuma by the NPA since that point.’ Until June president.
    [Show full text]
  • Advisory Service on International Humanitarian Law
    ADVISORY SERVICE ON INTERNATIONAL HUMANITARIAN LAW NATIONAL COMMITTEES AND SIMILAR BODIES ON INTERNATIONAL HUMANITARIAN LAW (25 January 2021) NATIONAL COMMITTEES AND SIMILAR BODIES ON INTERNATIONAL HUMANITARIAN LAW As of 25 January 2021 (total by region) EUROPE CENTRAL ASIA ASIA & PACIFIC THE AMERICAS AFRICA MIDDLE EAST Austria Kazakhstan Australia Argentina Algeria Bahrain Belarus Kyrgyzstan Bangladesh Bolivia Benin Egypt Belgium Tajikistan China (People’s Republic of) Brazil Botswana Iran (Islamic Republic of) Bulgaria Turkmenistan Cook Islands Canada Burkina Faso Iraq Croatia Indonesia Chile Cabo Verde Jordan Cyprus Japan Colombia Comoros Kuwait Czech Republic Kiribati Costa Rica Côte d'Ivoire Lebanon Denmark Malaysia Dominican Republic Eswatini Oman Finland Mongolia1* El Salvador Gambia Palestine France Nepal Ecuador Guinea-Bissau Qatar Georgia New Zealand Guatemala Kenya Saudi Arabia Germany Papua New Guinea Honduras Lesotho Syrian Arab Republic Greece Philippines Mexico Liberia United Arab Emirates Hungary Republic of Korea (the) Nicaragua Libya Yemen Iceland Samoa Panama Madagascar Ireland Sri Lanka Paraguay Malawi Italy (two committees) Vanuatu Peru Mauritius Lithuania Trinidad & Tobago Morocco Netherlands Uruguay Namibia Republic of North Macedonia Venezuela Niger Poland (two committees) Nigeria Republic of Moldova Senegal Romania Seychelles Slovakia Sierra Leone Slovenia South Africa Spain Sudan Sweden (two committees) Togo Switzerland Tunisia Ukraine Uganda United Kingdom Zambia Zimbabwe TOTAL: 30 TOTAL: 4 TOTAL: 17 TOTAL:
    [Show full text]
  • France 2014 Human Rights Report
    FRANCE 2014 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY France is a multi-party constitutional democracy. The president of the republic is elected by popular vote for a five-year term. Voters elected Francois Hollande to that position in 2012. The upper house (Senate) of the bicameral parliament is elected indirectly through an electoral college, while the public elects the lower house (National Assembly) directly. The 2012 presidential and National Assembly elections and the 2014 elections for the Senate were considered free and fair. Authorities generally maintained effective control over the security forces. The most significant human rights problems during the year included an increasing number of anti-Semitic incidents. Anti-Semitic incidents and violence surged during the summer in connection with public protests against Israeli actions in Gaza. Government evictions of Roma from illegal camps, as well as overcrowded and unhygienic prisons, and problems in the judicial system, including lengthy pretrial detention and protracted investigations and trials, continued. Other reported human rights problems included instances of excessive use of force by police, societal violence against women, anti-Muslim incidents, and trafficking in persons. The government took steps to prosecute and punish security forces and other officials who committed abuses. Impunity was not widespread. Note: The country includes 11 overseas administrative divisions covered in this report. Four overseas territories in French Guiana, Guadeloupe, Martinique, and La Reunion have the same political status as the 22 metropolitan regions and 101 departments on the mainland. Five divisions are overseas “collectivities”: French Polynesia, Saint-Barthelemy, Saint-Martin, Saint-Pierre and Miquelon, and Wallis and Futuna.
    [Show full text]
  • Undamaged Reputations?
    UNDAMAGED REPUTATIONS? Implications for the South African criminal justice system of the allegations against and prosecution of Jacob Zuma AUBREY MATSHIQI CSVRCSVR The Centre for the Study of Violence and Reconciliation CENTRE FOR THE STUDY OF VIOLENCE AND RECONCILIATION Criminal Justice Programme October 2007 UNDAMAGED REPUTATIONS? Implications for the South African criminal justice system of the allegations against and prosecution of Jacob Zuma AUBREY MATSHIQI CSVRCSVR The Centre for the Study of Violence and Reconciliation Supported by Irish Aid ABOUT THE AUTHOR Aubrey Matshiqi is an independent researcher and currently a research associate at the Centre for Policy Studies. Published by the Centre for the Study of Violence and Reconciliation For information contact: Centre for the Study of Violence and Reconciliation 4th Floor, Braamfontein Centre 23 Jorissen Street, Braamfontein PO Box 30778, Braamfontein, 2017 Tel: +27 (11) 403-5650 Fax: +27 (11) 339-6785 http://www.csvr.org.za © 2007 Centre for the Study of Violence and Reconciliation. All rights reserved. Design and layout: Lomin Saayman CONTENTS Acknowledgements 4 1. Introduction 5 2. The nature of the conflict in the ANC and the tripartite alliance 6 3. The media as a role-player in the crisis 8 4. The Zuma saga and the criminal justice system 10 4.1 The NPA and Ngcuka’s prima facie evidence statement 10 4.2 The judiciary and the Shaik judgment 11 5. The Constitution and the rule of law 12 6. Transformation of the judiciary 14 7. The appointment of judges 15 8. The right to a fair trial 17 9. Public confidence in the criminal justice system 18 10.
    [Show full text]
  • “Corrective” Rapes Be Addressed by Combining the Legal Frameworks of LGBT Rights and Women’S Rights?
    Master’s Thesis International and European Law – Human Rights Law – 2016-2017 To what extent can the issue of “corrective” rapes be addressed by combining the legal frameworks of LGBT rights and women’s rights? Thesis by Rati Gujadhur Snr: 2005082 Submitted in partial fulfilment of the requirements for the LL.M International and European Law Supervised by Mr. dr. A.K. Meijknecht Tilburg Law School June 2017 1 Master’s Thesis International and European Law – Human Rights Law – 2016-2017 I would like to express my sincerest gratitude to my supervisor Anna Meijknecht for her guidance and support, I would like to thank my parents and my brother for their unconditional love and support, And my friends who kept supporting me and encouraging me throughout this year! 2 Master’s Thesis International and European Law – Human Rights Law – 2016-2017 TABLE OF CONTENTS Introduction 8 I. Issue of ‘’corrective’’ rapes in South Africa 13 II. How can LGB rights help with the issue of “corrective” rapes in South Africa? 17 2.1. LGBT rights in the international legal framework (international human rights law) 17 2.1.1. First resolution (UN Res 17/19) 18 2.1.2. Anti-LGBT violence 19 2.1.3. Alarming nature of this late resolution 19 2.1.4. Report (A/HRC/19/41) 20 2.2 .Born Free and Equal Booklet – published by the OHCHR 22 2.2.1. The protection of individuals from homophonic and trans-phobic violence 23 2.2.2. The prevention of torture and cruel, inhuman and degrading treatment of LGBT persons 25 2.2.3.
    [Show full text]
  • Sitting(Link Is External)
    1 THURSDAY, 10 MAY 2018 PROCEEDINGS OF THE WESTERN CAPE PROVINCIAL PARLIAMENT The sign † indicates the original language and [ ] directly thereafter indicates a translation. The House met at 14:15 The Deputy Speaker took the Chair and read the prayer. The DEPUTY SPEAKER: You may be seated. [Interjections.] Order! I see the Chief Whip first. (Notice of Motion) Mr M G E WILEY: Thank you, Mr Deputy Speaker. I give notice that I shall move: That, notwithstanding the provisions of Rule 198, precedence be given to the Subject for Discussion. Thank you. The DEPUTY SPEAKER: Thank you. No objection to that? Agreed to. 2 We will then start with the Subject for Discussion in the name of the hon member Gillion. I see the hon Gillion. †Mnr Q R DYANTYI: Hoor-hoor! [Mr Q R DYANTYI: Hear-hear!] Ms M N GILLION: Mr Deputy Speaker, 2018 marks the tail -end of this administration’s term and the DA’s decade of misrule is representative of a period of regression in service delivery for the poor. Reality is that th is protracted period of disservice to our people has been marked by the deteriorating living conditions for the poor and marginalised, which forced thousands of people to take to the streets on Freedom Day, calling on the DA Government to break with the past and focus on service delivery. The most pressing challenges faced by the people in this province include inadequate living conditions, crime, poverty, dread diseases and unemployment. These challenges seem to be colour -conscious as they affect the black majority, while the minority is well taken care of.
    [Show full text]
  • Hate Crimes Against Black Lesbian South Africans: Where Race, Sexual Orientation and Gender Collide (Part Ii)
    HATE CRIMES AGAINST BLACK LESBIAN SOUTH AFRICANS: WHERE RACE, SEXUAL ORIENTATION AND GENDER COLLIDE (PART II) Kamban Naidoo BA LLB LLM Senior Lecturer, Criminal and Procedural Law University of South Africa (UNISA) Michelle Karels LLB LLM Senior Lecturer, Criminal and Procedural Law University of South Africa (UNISA) SUMMARY This article, which is the second of a two-part submission, examines the South African legal position pertaining to sexual offences and murder as a continuation of the theme introduced in Part One. The authors then examine the concept of motive before providing a brief overview of hate crime legislation and/or policy in the United States of America and Germany. The core of the article examines three possible routes for South Africa to curb hate crime. Firstly, the creation of substantive hate crime law in the form of legislation, secondly, the amendment of current legislation to incorporate protection against this form of crime and thirdly, the retention of the current status quo coupled with the roll-out of civil society initiatives to curb hate- motivated crime. The conclusion of the article provides recommendations from a civil society and criminal justice perspective. A INTRODUCTION This article seeks to extend the foundational framework laid in Part I within the context of criminal legal doctrine generally and the potential for hate- crime legislation in South Africa specifically. At the time of writing, the Department of Justice and Constitutional Development had appointed a task team to investigate hate-crime legislation and to submit proposals with regard to such legislation in South Africa. 1 The research is, however, still in 1 Anonymous “Speech by Deputy Minister of Justice and Constitutional Development, Mr Andries Nel, MP, on the occasion of the official opening of the first networking session of the national task team on LGTBI Crime-related issues” October 2011 http://www.info.
    [Show full text]