Archive | Media Statements

CASAC makes submission to CASAC Media Statement – submission to Parliament on Section 25 of the Constitution

The Council for the Advancement of the South African Constitution (CASAC) has made a written submission to the National Assembly’s Ad Hoc Committee to Initiate and Introduce Legislation Amending s. 25 of the Constitution.

CASAC confirms its supports for land reform to alter the skewed land holding patterns in South Africa. CASAC is of the view that the assumption behind the proposed amendment is that the Constitution presently does not allow for expropriation with no compensation. This is an incorrect interpretation of the Constitution, and we illustrate why this is so. The second part of the submission focuses specifically on the proposed amendment, and illustrates why, without fundamental institutional changes, these amendments will not likely bring about sustainable land reform underpinned by the rule of law.

For the full statement read here

CASAC Media Statement

Zondo Commission given final extenstion

The High Court in Pretoria has granted the Judicial Commission of Inquiry into State Capture a last and final extension of its term to 31 March 2021. Deputy Chief Justice Raymond Zondo had applied to the court for an extension to the end of this year, but left open the possibility that he may seek another extension if he was not able to finalise his report by then.

Judge Wendy Hughes ruled:

“I am mindful of the fact that it is in the interest of justice that there ought to finality with regard to the work of the Commission, encompassing findings and recommendations to act upon as a matter of urgency… In my view further extensions would not be warranted … The interest of justice dictates that finality be attained with findings, recommendations and a report of the Commission. The Commission owes this to the nation as the work of the Commission of national interest”. (para 24 of the judgment)

For full statement click here

Media Statement – Report on IEC Commissioner Candidates Released

My Vote Counts and the Council for the Advancement of the South African Constitution (CASAC) have compiled a comprehensive report on the 26 shortlisted candidates who have been shortlisted for interview for the three vacancies as Commissioners for the Electoral Commission (IEC).

A panel consisting of Chief Justice Mogoeng Mogoeng, the Chairperson of the Human Rights Commission Prof Bongani Majola, the Deputy Chairperson of the Commission on Gender Equality Ms Tamara Mathebula and the Public Protector Adv Busisiwe Mkhwebane will interview the candidates from 25 to 29 June 2018. The panel has whittled down the 119 applicants to a shortlist of 26 candidates for interview.

For full statement click here 

 

Zuma corruption charges – CASAC ties NPA’s hands

MEDIA STATEMENT

20 December 2017

The National Director of Public Prosecutions (NDPP), Adv Shaun Abrahams has been put on notice not to withdraw the fraud, corruption and racketeering charges against President Jacob Zuma pending the outcome of a Constitutional Court ruling. In a letter http://casac.org.za/npa_ndpp-18-12-2017/to the State Attorney (representing Adv Abrahams), lawyers for CASAC, the Legal Resources Centre has drawn Adv Abrahams’ attention to the directions issues by the Constitutional Court on Friday 15 December 2017.

Those directions followed CASAC’s application for an order confirming the decision of the full bench of the North Gauteng High Court delivered on 7 December (CASAC v the President of RSA & Others). CASAC’s application was made In terms of s.172 (2) of the Constitution which states that an order of constitutional invalidity is of no force until it has been confirmed by the Constitutional Court.

The Constitutional Court directions acknowledge the fact that Adv Abrahams is unable to take a decision relating to the charges against President Zuma because his very appointment is in dispute. In setting aside the unlawful settlement agreement with Mr Mxolisi Nxasana, the High Court also set aside the appointment of Adv Abrahams, pending the appointment of a permanent NDPP. The directions also state that any party wishing to oppose CASAC’s application must do so by 19 January 2018.

Adv Abrahams has been requested to provide CASAC with an assurance by 5 January 2018 that he will not withdraw the charges against President Zuma and that if he intends to do so, he gives CASAC two weeks’ notice of such intention. Should he not provide such an undertaking CASAC may apply for an interdict to this effect, and may also seek a personal costs order against Adv Abrahams.

 Enquiries:

Lawson Naidoo

073 158 5736

 

Media Statement – CASAC urges utmost caution 18 October 2017

Army on the streets should be a measure of absolute last resort.

“We are not there yet”.

CASAC is concerned by the recent statement by the Minister of Police, Mr Fikile Mbalula, proposing that the SANDF be deployed to combat crime in areas in Gauteng and the Western Cape.

Speaking from Cape Town, CASAC Executive Secretary Lawson Naidoo said:

“We believe that such a knee-jerk response to the scourge of crime, particularly violent and organised crime, is misplaced and probably misguided”.

South Africa requires a more thoughtful, holistic approach that acknowledges the failure of the SAPS to fight crime and to protect people. Such an approach must take into account the socio-economic challenges that we continue to confront.

For full statement click here

CASAC Commissions a Legal Opinion on the Restraint of Protest in or Near University Campuses

The Council for the Advancement of the South African Constitution (CASAC) has commissioned a legal opinion from the Socio-Economic Rights Institute (SERI) on the restraint of protest in or near university campuses. In recent years, there has notably been an increase in protest action across all universities in South Africa.

Section 17 of the Constitution which specifies that “Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions”, is assessed against the apparent conflict with property rights on university campuses and the subsequent use of interdicts and force in restraining these protests.

The opinion is further aimed at addressing the constitutional rights to the freedom of expression, bodily integrity and the rights of detained and arrested persons. The legal opinion has also taken cognisance of the legal judgments dealing with the right to protest.

To read the full legal opinion click here