SPEAKER OF THE NATIONAL ASSEMBLY AND ANOTHER V LAND ACCESS MOVEMENT OF SOUTH AFRICA AND OTHERS 

On 19 March 2019, the Constitutional Court (the Court) handed down judgment in Speaker of the National Assembly and Another v Land Access Movement of South Africa and Others (LAMOSA 2). The matter was an application brought by the Speaker of the National Assembly (NA) and the Chairperson of the National Council of Provinces (NCOP) for an extension of an interdict granted by the same Court in Land Access Movement of South Africa v Chairperson, National Council of Provinces (LAMOSA 1).

In 2010, the Constitutional Court, in the matter of Glenister v the President of the Republic of South Africa, found that section 7(2) of the Constitution obliges the State to implement effective mechanisms for battling corruption. Although this is not stated explicitly in the Constitution, corruption hinders the State’s ability to “respect, protect, promote and fulfil the rights in the Bill of Rights”; an aspect that is particularly necessary for the fulfilment of positive socio-economic rights. 

The mission to counter corruption is being spearheaded by the Zondo Commission of Inquiry into State Capture (the Commission). Its objective is to “inquire into, make findings, report on and make recommendations concerning” State capture, as stated in the Commission’s Terms of Reference. 

On 21 March, South Africa celebrates Human Rights Day, historically linked to the tragic events at Sharpeville on 21 March 1960. On this day, 69 people died and 180 were wounded when the police fired on a crowd gathered in protest against apartheid pass laws. On this day, we as South Africans are reminded that the explicit protection and promotion of human rights in the Bill of Rights came at a cost to many. Today, the Bill of Rights provides the ordinary person with the power to confront, test and hold the State, in specific, accountable. 

The Centre for Constitutional Rights (CFCR) is pleased to present its annual Human Rights Report Card indicating where, in our opinion, South Africa has been making progress with regard to human rights and where it has been regressing.

A Snapshot of the Fulfilment of Rights in the Bill of Rights during 2018 

The core of our Constitution can be found in chapter 2 – the Bill of Rights. However, to what extent were human rights respected and promoted by the State in 2018? This is the key question for discussion at the Launch of the Centre for Constitutional Rights’ (CFCR) annual Human Rights Report Card (HRRC) in Cape Town on 19 March 2019, two days before we as a country celebrate Human Rights Day. The Launch is hosted in partnership with the Konrad Adenauer Foundation (KAS), a longtime supporter of the CFCR’S HRRC project. 

The South African Broadcasting Corporation (SABC) remains without a quorate Board, over three months after the abrupt resignations of Board Members in December 2018. This brings the total number of vacant seats to eight. The Parliamentary Portfolio Committee on Communications (the Committee) opened the call for public nominations on 12 December 2018 and closed the process on 21 December 2018. The short nomination period garnered over 300 names. The Committee pledged to commencing their parliamentary duties before the official opening of Parliament in order to fill the empty seats expeditiously.  The short-listing of the nominated candidates was followed by the interview process, which took place on 5 and 6 March 2019. 

The theme for this year’s commemoration of International Women’s Day is #BalanceforBetter, a call for gender parity at all levels of socio-economic life. The theme addresses the lack of gender parity across the overwhelming majority of global business, government, in media coverage, wealth and even sports coverage. What this call highlights, is that at most socio-economic levels, women do not receive the same opportunities, pay or protection as their male peers. This discrimination is based solely on gender, which goes against the very tenets of equality.