View Archived Content

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”.  

Read More »

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.

Read More »

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.

Read More »

ARTICLE: YOUTH DAY – A WAKE-UP CALL

schoolchildren mcsaOn the morning of 16 June 1976, following months of rising frustration, thousands of black school children walked from their Soweto schools to Orlando Stadium in protest against being taught in Afrikaans. Subsequent reaction by the police on that day resulted in the deaths of 23 people. Almost 700 people, many of them children, were killed during the violence that followed for weeks thereafter. Although the matter of language was the driver for the rally, it almost certainly was merely a catalyst for the real reason behind that fateful day: inequality – in this case, inequality entrenched in the erstwhile system of “Bantu Education”.

Read More »

STATEMENT: CFCR WELCOMES AND SUPPORTS HELEN SUZMAN FOUNDATION’S LEGAL ACTION AGAINST JUDICIAL SERVICES COMMISSION

helen suzmanThe Centre for Constitutional Rights (CFCR) welcomes and supports the Helen Suzman Foundation’s reported legal action against the Judicial Service Commission (JSC) aimed at clarifying the procedure and decision-making process relating to the nomination of persons for judicial office. It is high time that the interpretation of sections 174(1), 174(2) and 174(6) of the Constitution be tested in a court. 

Read More »

STATEMENT: CFCR WELCOMES RULING IN BREYTENBACH DISCIPLINARY HEARING

Glynnis Breytenbach The Centre for Constitutional Rights (CFCR) welcomes the ruling by a National Prosecuting Authority (NPA) disciplinary hearing which cleared senior prosecutor, Adv Glynnis Breytenbach, of any wrongdoing.

In handing down his ruling in relation to charges brought against Breytenbach by the NPA, the chairperson of the disciplinary hearing, Adv Selby Mbenenge SC, stated that “the guilt of the employee [Breytenbach] on this plethora of charges has not been proven and she can therefore not be found guilty”. Earlier this week, the NPA fastidiously explained in an unrelated media statement how and when it will prosecute someone -­ and when not. According to the NPA, “the existence or lack of evidence plays a critical role in the final decision”. The same criteria were apparently not applied when the NPA brought disciplinary charges against Breytenbach. In relation to the primary charge of failing to act impartially whilst investigating a matter involving a mining rights dispute between Kumba Iron Ore and Imperial Crown Trading, Mbenenge found that there was not “an iota of evidence” that Breytenbach acted improperly. Why then did the NPA continue with disciplinary measures against her with conviction?

Read More »

Assessment of Compliance of Election Manifestos for the 2024 South African National Elections with the Bill of Rights

The assessment of 17 parties aims to evaluate how well each manifesto aligns with the Constitution’s core values, with a particular emphasis on compliance with the Bill of Rights.