Mogoeng Mogoeng's Comments a Matter of Deep Concern

The Centre for Constitutional Rights is deeply concerned about some of the comments made by Chief Justice, Mogoeng Mogoeng, at the Advocates for Transformation's Annual General Meeting on 6 July 2013.

The Chief Justice has taken an oath ‘To administer justice to all persons alike, without fear, favour or prejudice in accordance with the Constitution and the law.’ 

Zuma to Oppose CASAC Court Application

According to a newspaper report, President Jacob Zuma will oppose a rights lobby group's Constitutional Court application to force him to appoint a permanent National Director of Public Prosecutions within 30 days.

The Council for the Advancement of the SA Constitution (CASAC) has asked the highest court in the land to force Zuma to make the appointment.

The report claims that Zuma's legal team has already informed the rights group in writing of the president’s decision to oppose the application.

Is Premier Zille Taking Chances With the Western Cape Community Safety Act?

Premier Helen Zille has signed the Western Cape Community Safety Act into law. The national Minister of Police, Nathi Mthethwa has come out strongly against the Act and promised to challenge it in the Constitutional Court. The Minister’s spokesperson, Zweli Mnisi, was reported as saying that the Act “seeks to make the South African Police Service a provincial institution where accountability is determined by different structures as and when it is deemed suitable.”

Zuma to Receive Secrecy Bill

The Right2Know Campaign says that President Jacob Zuma will receive the Protection of State Information Bill (Secrecy Bill) this week.

Civil society groups and opposition parties have opposed the bill as the law could stifle media freedom by preventing the press from reporting on certain issues.

Critics have called on the president to refer the matter to the Constitutional Court.

To read the article titled, “Zuma to receive Info Bill,” click here.

Zim Approves Draft Constitution

Zimbabwe's lower house of parliament has approved a draft constitution endorsed in a March 2013 referendum, paving the way for new elections.

The draft constitution takes away the president's immunity after leaving office, bolsters the power of the courts and sets up a peace and reconciliation commission tasked with post-conflict justice and healing.

It also limits a president's tenure to two five-year terms, curtails presidential powers and abolishes the post of prime minister.

Zim Urged to Respect Human Rights

Three independent human rights experts have expressed alarm that the increase in attacks against civil society in Zimbabwe coincide with the announcement that 16 March 2013 is the date for the referendum on the constitution.
The three are United Nations Special Rapporteurs and they have urged Zimbabwe's government to respect international human rights norms, including freedom of expression and association and that of peaceful assembly.

MISA Backs Govt Attack on Newspaper

The Principal Secretary of the Ministry of Information, Communication and Technology, Sikelela Dlamini, has criticised the Times of Swaziland Sunday, a weekly tabloid, for breaching not only its own code of ethics but also the country's Constitution.
Dlamini was responding to an article published by the newspaper under the headline 'The Naked Truth?’, which chronicled the fallout between a Swazi diplomat based in London and her former Zimbabwean boyfriend.

Call for More Women Judges in ConCourt

Former Constitutional Court Justice, Zak Yacoob, hopes President Jacob Zuma will reject an all-male list of candidates to replace him.

Yacoob criticises Zuma for not "taking the importance of appointing women to court seriously enough", adding that the president has the power, in terms of the Constitution, to ask for additional names.

He argues that, "Whatever the JSC [Judicial Service Commission] does, I would hope the president would say to the JSC: 'I want more names. Go find them'."

The Constitution, the Criminal Law (Sexual Offences Matters), Amendment Act and Moral Values of Society

The North Gauteng High Court in Pretoria this month declared certain sections of the Criminal Law (Sexual Offences and Related Matters) Amendment Act unconstitutional. The Act has been controversial since its inception and has been widely criticised from within the legal and social welfare sector as absurd and unenforceable. The specific sections that were declared unconstitutional made it a criminal offence for children aged between 12 and 16 to engage in consensual sexual activities with each other.


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