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STATEMENT: CFCR WELCOMES PRESIDENT’S DECISION TO REFER PROTECTION OF STATE INFORMATION BILL BACK TO PARLIAMENT

parliamentThe Centre for Constitutional Rights (CFCR) welcomes President Zuma’s decision to refer the contentiousProtection of State Information Bill (the Bill) back to Parliament for reconsideration.

The Bill, which in general seeks to regulate the manner in which state information may be protected, was passed by Parliament earlier this year and was subsequently referred to the President to be signed into law in terms of section 79(1) of the Constitution. However, in a surprising yet much welcomed announcement, the President stated that, after considering the Bill in its entirety, he was of the opinion that the Bill “as it stands does not pass constitutional muster”. According to the President, sections of the Bill (in particular section 42 dealing with failure to report possession of classified information and section 45 legislating improper classification of information), “[lacked] meaning and coherence” and were therefore, in his opinion, “irrational and accordingly…unconstitutional”.

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ARTICLE: ECONOMIC FREEDOM FIGHTERS – AN INCONSEQUENTIAL INTERPRETATION

EFF logoEconomic Freedom Fighters (EFF) was established earlier this year by ousted African National Congress Youth League (ANCYL) leader, Julius Malema and others with the objective of “pursuing the struggle for economic emancipation”. The EFF is now applying to the Independent Electoral Commission (IEC) for registration as a political party. Although, according to their “Founding Manifesto”, the EFF will “contest political power…in order to capture the state”, their “primary role of mass organisation and activism, as a means to raise the political consciousness of the people, will remain the bedrock of [their] political practice”. 

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ARTICLE: ONE YEAR AFTER MARIKANA – ARE WE ANY CLOSER TO HUMAN RIGHTS-BASED POLICING?

SAPS foterThe recently published Green Paper on Policing has missed the opportunity of strengthening a human rights culture within the police – and thus of reducing the alarming increase in the use of deadly force and the gross violation of human rights by the South African Police Service (the SAPS).  Over the past year, South Africa has witnessed a growing number of incidents involving excessive use of force by the SAPS – some more widely reported by the media than others. These include the brutal killings by members of the SAPS of Mr Andries Tatane and the Mozambican taxi driver, Mr Mido Macia, the unlawful arrest and treatment of Mr Chumani Maxwele, who allegedly showed a rude hand sign to the President’s motorcade and, even more tragically, the Marikana incident during which 34 protesting miners were killed by members of the SAPS on 16 August 2012. 

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ARTICLE: THIS WOMEN’S DAY… LET’S TALK ABOUT MEN

Foter Womens DayOn Women’s Day we recognise the accomplishments of women, having moved forward in leaps and bounds over the decades. Apart from these accomplishments, we also recognise and celebrate our constitutional right to dignity, equality and fundamental freedoms – not necessarily as women or men, but as equals before the law and society. Gender equality is, however, not a zero-sum game – the promotion, protection and realization of the rights enshrined in our Bill of Rights is a gain for all. Founded upon the constitutional values of equality, human dignity and the advancement of human rights and freedoms, the freedom and security of the person is a fundamental right provided for in the Constitution. But do we, and in particular men, have an equal understanding of these rights?

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CASE DISCUSSION: A FAIR RULING BALANCING THE RIGHTS OF SCHOOL GOVERNING BODIES AND HEADS OF DEPARTMENT

ConCourt MCSALast week, the Constitutional Court handed down a judgment in which it dismissed an appeal from the Supreme Court of Appeal (SCA) in which the Constitutional Court ordered two Free State high schools to review their pupil pregnancy policies. The matter also – and very importantly – addressed the powers of a Head of a Provincial Department of Education (HOD) to issue instructions to the principals of public schools to act in contravention of school policies duly adopted by the governing body of such schools (SGB).

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STATEMENT: CHIEF JUSTICE MOGOENG’S OATH OF OFFICE AND HIS SPEECH OF 6 JULY ADVOCATING FOR TRANSFORMATION

MogoengThe 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.

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”.  

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STATEMENT: APPOINTMENT OF A PERMANENT NDPP

CASAC logoThe Centre for Constitutional Rights (CFCR) welcomes and supports the Council for the Advancement of the South African Constitution’s (CASAC) and others’ call for the appointment of a qualified, fit and proper National Director of Public Prosecutions (NDPP). In this regard, we noted a decision by the Constitutional Court to reject CASAC’s application regarding the appointment of a permanent NDPP to be heard as an urgent matter and believe that the Court’s decision in no way reflects on the importance of the matter.

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STATEMENT: CFCR WELCOMES SOUTH GAUTENG HIGH COURT RULING IN MAXWELE-MATTER

SAHRC logoThe Centre for Constitutional Rights (CFCR) welcomes a ruling by the South Gauteng High Court in which it dismissed an application by the Minister of Police to review and set aside a finding of the South African Human Rights Commission (SAHRC) regarding the South African Police Service’s (SAPS) treatment of Chumani Maxwele.

In 2010, the CFCR, on behalf of Mr Maxwele, lodged a complaint with the SAHRC against the SAPS. In this case, members of the Presidential Protection Unit (PPU) of the SAPS arrested and detained Mr Maxwele for allegedly gesturing with his middle finger at a convoy of police vehicles which was reportedly transporting President Zuma. Mr Maxwele was also alleged to have resisted arrest.

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