DOCSLIB.ORG

Third Amicus Curiae Practice Note.Pdf

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Third Amicus Curiae Practice Note.Pdf IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CASE NO: CCT89/17 In the matter between: UNITED DEMOCRATIC MOVEMENT Applicant and SPEAKER OF THE NATIONAL ASSEMBLY First Respondent PRESIDENT JACOB ZUMA Second Respondent AFRICAN NATIONAL CONGRESS Third Respondent DEMOCRATIC ALLIANCE Fourth Respondent ECONOMIC FREEDOM FIGHTERS Fifth Respondent INKATHA FREEDOM PARTY Sixth Respondent NATIONAL FREEDOM PARTY Seventh Respondent CONGRESS OF THE PEOPLE Eighth Respondent FREEDOM FRONT Ninth Respondent AFRICAN CHRISTIAN DEMOCRATIC PARTY Tenth Respondent AFRICAN INDEPENDENT PARTY Eleventh Respondent AGANG SOUTH AFRICA Twelfth Respondent PAN AFRICANIST CONGRESS OF AZANIA Thirteenth Respondent AFRICAN PEOPLE’S CONVENTION Fourteenth Respondent COUNCIL FOR THE ADVANCEMENT OF THE SOUTH AFRICAN CONSTITUTION First Amicus Curiae UNEMPLOYED PEOPLE’S MOVEMENT Second Amicus Curiae INSTITUTE FOR SECURITY STUDIES Third Amicus Curiae SHOSHOLOZA PROGRESSIVE PARTY Fourth Amicus Curiae THIRD AMICUS CURIAE’S PRACTICE NOTE 1. Date of Hearing: 15 May 2017 2. Counsel: -For 3rd Amicus Curiae: Ngwako Hamilton Maenetje SC: 083 459 6358 [email protected] [email protected] Reghana Tulk: 0733647462 [email protected] [email protected] 3. Nature of the Application This is an application for a declaration that the Constitution requires, alternatively, permits a motion of no confidence in terms of section 102(2) of the Constitution to be voted on by way of secret ballot. 4. Relevant portions of the record The whole record is relevant. 5. Estimated duration of the argument It is estimated that that the third amicus’ argument will take no longer than 30 minutes; and that one day is required to hear the application. 6. Summary of Issues Involved: The ISS makes, in summary, the following submissions in support of the relief that the applicant seeks: o Parliamentary oversight over the Executive is vital to ensure that constitutional and statutory obligations are properly executed. o A vote of no confidence in terms of section 102 of the Constitution is a vital tool for parliamentary oversight over the Executive, including the President under section 102(2) of the Constitution. o As a vital tool for parliamentary oversight, a motion of no confidence must always be effective and not illusory or rendered nugatory in any circumstances. If its effectiveness is undermined, the Constitution is undermined because the Executive would not, effectively, be held to account. o Where in a vote of no confidence against the President there is a risk of members of the National Assembly being constrained from voting freely according to their conscience in the fulfilment of their constitutional obligations as public representatives, properly interpreted the Constitution requires or permits a secret ballot to retain the effectiveness of a vote of no confidence as a vital tool for parliamentary oversight over the Executive. o The Rules of the National Assembly must be interpreted to permit a secret ballot at the very least in an environment of threats and intimidation. The Rules are reasonably capable of such an interpretation. o To the extent that the Rules of the National Assembly are not reasonably capable of the interpretation above, then they are, to that extent, inconsistent with the Constitution and must be declared invalid. 7. List of Authorities The list of authorities are attached to the submissions of the ISS. NH Maenetje SC R Tulk Counsel for 3rd Amicus Curiae Duma Nokwe Chambers, Sandton 9 May 2017 .
Load more

Recommended publications
  • Anc Today Voice of the African National Congress
    ANC TODAY VOICE OF THE AFRICAN NATIONAL CONGRESS 14 – 20 May 2021 Conversations with the President South Africa waging a struggle that puts global solidarity to the test n By President Cyril Ramaphosa WENTY years ago, South In response, representatives of massive opposition by govern- Africa was the site of vic- the pharmaceutical industry sued ment and civil society. tory in a lawsuit that pitted our government, arguing that such public good against private a move violated the Trade-Relat- As a country, we stood on princi- Tprofit. ed Aspects of Intellectual Property ple, arguing that access to life-sav- Rights (TRIPS). This is a compre- ing medication was fundamental- At the time, we were in the grip hensive multilateral agreement on ly a matter of human rights. The of the HIV/Aids pandemic, and intellectual property. case affirmed the power of trans- sought to enforce a law allowing national social solidarity. Sev- us to import and manufacture The case, dubbed ‘Big Pharma eral developing countries soon affordable generic antiretroviral vs Mandela’, drew widespread followed our lead. This included medication to treat people with international attention. The law- implementing an interpretation of HIV and save lives. suit was dropped in 2001 after the World Trade Organization’s Closing remarks by We are embracing Dear Mr President ANC President to the the future! Beware of the 12 NEC meeting wedge-driver: 4 10 Unite for Duma Nokwe 2 ANC Today CONVERSATIONS WITH THE PRESIDENT (WTO) Agreement on Trade-Re- ernment announced its support should be viewed as a global pub- lated Aspects of Intellectual Prop- for the proposal, which will give lic good.
    [Show full text]
  • Mandela at Wits University, South Africa, 1943–19491
    UCLA Ufahamu: A Journal of African Studies Title “The Black Man in the White Man’s Court”: Mandela at Wits University, South Africa, 1943-1949 Permalink https://escholarship.org/uc/item/3284d08q Journal Ufahamu: A Journal of African Studies, 39(2) ISSN 0041-5715 Author Ramoupi, Neo Lekgotla Laga Publication Date 2016 DOI 10.5070/F7392031110 Peer reviewed eScholarship.org Powered by the California Digital Library University of California “The Black Man in the White Man’s Court”: Mandela at Wits University, South Africa, 1943–19491 Neo Lekgotla laga Ramoupi* Figure 1: Nelson Mandela on the roof of Kholvad House in 1953. © Herb Shore, courtesy of Ahmed Kathrada Foundation. * Acknowledgements: I sincerely express gratitude to my former colleague at Robben Island Museum, Dr. Anthea Josias, who at the time was working for Nelson Mandela Foundation for introducing me to the Mandela Foundation and its Director of Archives and Dialogues, Mr. Verne Harris. Both gave me the op- portunity to meet Madiba in person. I am grateful to Ms. Carol Crosley [Carol. [email protected]], Registrar, University of the Witwatersrand, Johannesburg, South Africa, for granting me permission to use archival material from the Wits Archives on the premise that copyright is acknowledged in this publication. I appreciate the kindness from Ms. Elizabeth Nakai Mariam [Elizabeth.Marima@ wits.ac.za ], the Archivist at Wits for liaising with the Wits Registrar for granting usage permission. I am also thankful to The Nelson Mandela Foundation, espe- cially Ms. Sahm Venter [[email protected]] and Ms. Lucia Raadschel- ders, Senior Researcher and Photograph Archivist, respectively, at the Mandela Centre of Memory for bringing to my attention the Wits Archive documents and for giving me access to their sources, including the interview, “Madiba in conver- sation with Richard Stengel, 16 March 1993.” While visiting their offices on 6 Ja- nuary 2016 (The Nelson Mandela Foundation, www.nelsonmandela.org/.).
    [Show full text]
  • The Power of Heritage to the People
    How history Make the ARTS your BUSINESS becomes heritage Milestones in the national heritage programme The power of heritage to the people New poetry by Keorapetse Kgositsile, Interview with Sonwabile Mancotywa Barbara Schreiner and Frank Meintjies The Work of Art in a Changing Light: focus on Pitika Ntuli Exclusive book excerpt from Robert Sobukwe, in a class of his own ARTivist Magazine by Thami ka Plaatjie Issue 1 Vol. 1 2013 ISSN 2307-6577 01 heritage edition 9 772307 657003 Vusithemba Ndima He lectured at UNISA and joined DACST in 1997. He soon rose to Chief Director of Heritage. He was appointed DDG of Heritage and Archives in 2013 at DAC (Department of editorial Arts and Culture). Adv. Sonwabile Mancotywa He studied Law at the University of Transkei elcome to the Artivist. An artivist according to and was a student activist, became the Wikipedia is a portmanteau word combining youngest MEC in Arts and Culture. He was “art” and “activist”. appointed the first CEO of the National W Heritage Council. In It’s Bigger Than Hip Hop by M.K. Asante. Jr Asante writes that the artivist “merges commitment to freedom and Thami Ka Plaatjie justice with the pen, the lens, the brush, the voice, the body He is a political activist and leader, an and the imagination. The artivist knows that to make an academic, a historian and a writer. He is a observation is to have an obligation.” former history lecturer and registrar at Vista University. He was deputy chairperson of the SABC Board. He heads the Pan African In the South African context this also means that we cannot Foundation.
    [Show full text]
  • “Entrenching the Hegemony of the ANCYL As a Vibrant and Militant Economic Freedom Fighter” the 1948 ANCYL Basi
    BUILDING A STRONG CAMPAIGNING YOUTH ORGANIZATION FOR ECONOMIC FREEDOM IN OUR LIFE TIME “Entrenching the hegemony of the ANCYL as a vibrant and militant economic freedom fighter” The 1948 ANCYL basic policy document states the aims inter alia of the ANCYL as follows: • At rallying and uniting African youth into one national front on the basis of Afri ca n nationalism • At gi ving force, direction, and vi gour to the struggle for African National freedom, by assisting, supporting and re in fo rci ng th e Na ti onal move ment‐ANC. • At studying the political, economical and social problems of Africa and the world; • At striving and worki ng for the educational, moral and cu l tu ral advancement of the African youth. 1. It is clear from th e above that the intention of the founders of the ANCYL wa s to build a vibrant, militant and a dynamic yo u th movement that will rally the youth behind the vis ion of the AN C. This generation even we nt further to ra di cal ise the ANC. This was evidenced by the policy documents and the hi storical campaigns th a t changed the character of th e ANC forever. The cry “Fre edo m in our Lifetime” became a rallying call for th e youth to be active in the liberation struggle. It is therefore th is character of the ANCYL that must be revived and renewed within the context of organizational renewal. The process of organizational renewal is initiated to renew the organisation to discharge its mandate as stated by the co ns ti tu ti on , founding policy documents and congress resolutions.
    [Show full text]
  • Former President Thabo Mbeki's Letter to ANC President Jacob Zuma
    Former President Thabo Mbeki’s letter to ANC President Jacob Comrade President, I imagine that these must be especially trying times for you as president of our movement, the ANC, as they are for many of us as ordinary members of our beloved movement, which we have strived to serve loyally for many decades. I say this to apologise that I impose an additional burden on you by sending you this long letter. I decided to write this letter after I was informed that two days ago, on October 7, the president of the ANC Youth League and you the following day, October 8, told the country, through the media, that you would require me to campaign for the ANC during the 2009 election campaign. As you know, neither of you had discussed this with me prior to your announcements. Nobody in the ANC leadership - including you, the presidents of the ANC and ANCYL - has raised this matter with me since then. To avoid controversy, I have declined all invitations publicly to indicate whether I intended to act as you indicated or otherwise. In truth your announcements took me by surprise. This is because earlier you had sent Comrades Kgalema Motlanthe and Gwede Mantashe to inform me that the ANC NEC and our movement in general had lost confidence in me as a cadre of our movement. They informed me that for this reason you suggested that I should resign my position as president of the Republic, which I did. I therefore could not understand how the same ANC which was so disenchanted with me could, within a fortnight, consider me such a dependable cadre as could be relied upon to promote the political fortunes of the very same movement, the ANC, which I had betrayed in such a grave and grevious manner as to require that I should be removed from the presidency of the Republic a mere six or seven months before the end of our term, as mandated by the masses of our people! Your public announcements I have mentioned came exactly at the moment when Comrade Mosiuoa "Terror" Lekota and other ANC comrades publicly raised various matters about our movement of concern to them.
    [Show full text]
  • In the Supreme Court of South Africa
    IN THE SUPREME COURT OF SOUTH AFRICA. (TRANSVAAL PROVINCIAL DIVISION). RUDOLF WERNER REIN, Attorney-General for the Province of the Transvaal, who prosecutes for and on behalf of the STATE, presents and gives the court to be informed that:- 1. NELSON MANDELA, 2. WALTER SISULU, 3. DENNIS GOLDBERG, 4. GOVAN MBEKI, 5. AHMED MOHAMED KATHRADA, 6. LIONEL BERNSTEIN, 7. RAYMOND MAHLABA, 8. JAMES KANTOR, 9. ELIAS MOTSOALEDI and 10. ANDREW MLANGENI, hereinafter called the accused, are guilty of the offences of: SABOTAGE, in contravention of Section 21(1) of Act No.76 of 1962, (two counts), contravening Section 11(a), read with Sections 1 and 12, of Act No.44 of 1950, as amended, and contravening Section 3(1)(b), read with Section 2, of Act No.8 of 1953, as amended. COUNT 1. SABOTAGE in contravention of Section 21(1) of Act No.76 of 1962. In that, during the period 27th June, 1962, to 11th July, 1963, and at Rivonia, Travallyn and Mountain 2. View in the Province of the Transvaal, as well as at other places within the Republic of South Africa, the accused Nos.1 to 7 personally and by virtue of their being members of an association of persons, within the purview of section 381(7) of Act No.56 of 1955, as amended, known as the NATIONAL HIGH COMMAND, the accused No.8 personally and by virtue of his being a member of an association of persons within the purview of section 381(7) of Act No.56 of 1955, as amended, styled JAMES KANTOR AND PARTNERS under which name he conducted his profession in partnership with HAROLD WOLPE, and the accused Nos.9 and 10,
    [Show full text]
  • Conflict of Ideologies: the Anc Youth League and Communism 1949-1955
    COPYRIGHT AND CITATION CONSIDERATIONS FOR THIS THESIS/ DISSERTATION o Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. o NonCommercial — You may not use the material for commercial purposes. o ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original. How to cite this thesis Surname, Initial(s). (2012) Title of the thesis or dissertation. PhD. (Chemistry)/ M.Sc. (Physics)/ M.A. (Philosophy)/M.Com. (Finance) etc. [Unpublished]: University of Johannesburg. Retrieved from: https://ujdigispace.uj.ac.za (Accessed: Date). CONFLICT OF IDEOLOGIES: THE ANC YOUTH LEAGUE AND COMMUNISM 1949-1955 BY STEPHEN PLAATJIE IN PARTIAL SUBMISSION FOR A DEGREE OF MASTERS IN HISTORY AT THE FACULTV OF ARTS AT THE RANDSE AFRIKAANSE UNIVERSITEIT PROMOTOR PROFESSOR HJ VAN ASWEGEN -NOVEMBER 1994 (i) I· ABSTRACT The main purpose of this study is to expose a hidden dimension in the annals of African resistance politics. This dimension has never received adequate attention thus the repercussions of its influence has not been adequately accounted for. This dimension is centred on the causes and consequences of conflict between the ANC Africanist Youth League and the Communist Party. The Africanist Youth League was convinced that its conflict with the Communist Party was in defence of African nationalism and self-determination. The Communist Party's infiltration of the ANC and its concerted efforts to derail it and the Youth League from African Nationalism, comes under critical scrutiny in this study.
    [Show full text]
  • The Anc Prison Camps: an Audit of Three Years, 1990-1993
    THE ANC PRISON CAMPS: AN AUDIT OF THREE YEARS, 1990-1993. Paul Trewhela To the memory of Ephraim Nkondo and Mlamli Namba Vindication of Searchlight South Africa SEARCHLIGHT SOUTH AFRICA has been vindicated by three recent reports and one major press investigation into the system of prison camps run by the African National Congress in exile. Still more, the participants in the mutiny in the ANC army Umkhonto we Sizwe (MK) in Angola in 1984 have been vindicated. There is clear recogni­ tion in all three reports that a major motive for the mutiny was the demand for democracy in an army tyrannised by the ANC Security Department. Not a shred of credibility remains for the slur that the mutiny was 'instigated by enemy agents'. At the same time, there has been no investigation worth the name into abuses in the camps run by the South West African People's Organisation of Namibia (Swapo) in southern Angola, or in camps run by the Pan Africanist Congress (PAC) in Tanzania and elsewhere. The three reports into abuses in the ANC appeared between October 1992 and January 1993. The most reliable and significant of these reports, by Amnesty International (2 December 1992), drew more than half its material from information previously published in Searchlight South Africa in issues 5 to 9. This information was subsequently confirmed by Amnesty, conducting its own independent investigation through a full-time professional re­ searcher, Richard Carver, with whom SSA was frequendy in touch. The ANC was compelled at the highest level to acknowledge its imprison­ ment, torture and execution of members in exile as a means of suppressing critical opinion.
    [Show full text]
  • The African Patriots, the Story of the African National Congress of South Africa
    The African patriots, the story of the African National Congress of South Africa http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.crp3b10002 Use of the Aluka digital library is subject to Aluka’s Terms and Conditions, available at http://www.aluka.org/page/about/termsConditions.jsp. By using Aluka, you agree that you have read and will abide by the Terms and Conditions. Among other things, the Terms and Conditions provide that the content in the Aluka digital library is only for personal, non-commercial use by authorized users of Aluka in connection with research, scholarship, and education. The content in the Aluka digital library is subject to copyright, with the exception of certain governmental works and very old materials that may be in the public domain under applicable law. Permission must be sought from Aluka and/or the applicable copyright holder in connection with any duplication or distribution of these materials where required by applicable law. Aluka is a not-for-profit initiative dedicated to creating and preserving a digital archive of materials about and from the developing world. For more information about Aluka, please see http://www.aluka.org The African patriots, the story of the African National Congress of South Africa Author/Creator Benson, Mary Publisher Faber and Faber (London) Date 1963 Resource type Books Language English Subject Coverage (spatial) South Africa Source Northwestern University Libraries, Melville J. Herskovits Library of African Studies, 968 B474a Description This book is a history of the African National Congress and many of the battles it experienced.
    [Show full text]
  • Aggrey Klaaste: the Relentless Community-Builder
    Aggrey Klaaste: The Relentless Community-Builder A thesis submitted in partial fulfilment of the requirements for the degree of Master of Arts in Creative Writing of Rhodes University by Phakama Mbonambi February 2014 ii ABSTRACT This thesis looks at the life and times of Aggrey Klaaste, the larger-than-life late editor of Sowetan who shot to fame by championing a novel idea of nation building. His initiative started in 1988 as flames of violence engulfed South Africa and it seemed as if an apocalypse was on the cards. Sickened by what the frustrated black community was doing to itself, for example the use of the dreadful practice of necklacing against the so-called collaborators, he called for moral regeneration. He wanted his compatriots to look into the future and take their destiny in their own hands. Through nation building he tirelessly launched into crusading journalism that sought to heal the scars of the black community after decades of apartheid. It was grassroots community building. He rewarded ordinary men and women who made a difference in their communities. He actively sought peace to end the violence of the 1980s and 1990s. He spoke his mind without wearing any ideological blinkers, even as some thought his initiative would disturb the march to freedom. He was the ultimate newspaperman. This thesis argues that by calling for reconciliation and rebuilding of battered black communities even before freedom came, Klaaste was ahead of his time and even predated Nelson Mandela. Klaaste preferred to do what was right and not be shackled to any ideology.
    [Show full text]
  • One Particular Aspect of Umkhonto We Sizwe About Which Little Has Been
    THE ORGANISATION, LEADERSHIP MID FINANCING OF UKlCHONTO lIE SIZE One partIcular aspect of Umkhonto we Sizwe about which little has been written since the beginning of the armed struggle in 1961, has been the organisation's structure, the nature of its leadership and its funding. This is not surprisIng, since revelations about how the organisation operated, who its leaders were, and who financed it, could be harmful if not destructive to its security. This is particularly true of the period between 1961 and the middle of the 1960's When the armed struggle was being conducted from within South Africa. During these early years no information was ever officially released by the ANC on any of its underground structures; their interrelations and functions or who was responsIble for what in the organisation. What is known about the organisation and leadership of Umkhonto and the underground during these early years, is largely based. on information revealed during the numerous court cases that involved the members or alleged members of the underground. ANC and the SACP and the research that has been undertaken by various scholars on the SUbject. Edward Felt was the first scholar to make extensive use of the abovementioned court material for research into the hIstory of the ANC, the SACP and Umkhonto between 1960 and 196!., As a result of the work done by him and the information contained in other sources such as Bruno Mtolo's book on Umkhonto a reasonably clear picture can be formed of the organisatlonal structure of Umkhonto and its leadership during this period.
    [Show full text]
  • 100 Years of Anc Foreign Policy
    ANC CENTENARY n African National Congress (ANC) foreign policy or Ainternational relations strategy is as old as the movement itself: a (Heinemann 1978) (Heinemann whopping 100 years! There are very many ANC, South African Communist Party (SACP) and South African Congress of Trade Union (SACTU) leaders and activists who played a critical role in defending and promoting the theory and practice of internationalism, international solidarity, world peace, African unity, African renaissance and an African agenda. Let us in the year of the Preparing for Power – Oliver Tambo Speaks Tambo Oliver – Power for Preparing centenary mention some of them. They are: John Langalibalele Dube, Pixley ka Seme, Z. K. Mathews, Inkhosi Albert Luthuli, Walter Sisulu, Yusuf Dadoo, Image taken from taken Image Brian Bunting, Ray Simons, Joe Slovo, Johnny Makhatini, Alfred Nzo, Kader Asmal, M.P Naicker, Dennis Brutus, Alex La Guma, O.R Tambo, Mark Shope, Duma Nokwe, Gertrude Shope, Ruth Mompathi, Nelson Mandela, Reginald September, Thabo Mbeki, Jacob.G Zuma, and others like Pan-African Congress leaders Robert Sobukwe and Black Conscious leader Steve Biko. The white minority embarked on efforts to create their “white state” in a black land, which culminated in the elections in September 1910 to consolidate the Union of South Africa, with the 100 Years of South African Party (SAP) winning comfortably. The primary aim was to seek reconciliation within the white community between descendents anc foreign of the English and Dutch who had engaged in the two Anglo-Boer Wars of 1880 to 1881 and 1899 to 1902. The establishment of this white- policy dominated Union changed the face of black politics forever.
    [Show full text]