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STATEMENT: THE PERMANENT CRISIS IN THE SOUTH AFRICAN POLICE SERVICE

SAPS foterActing National Police Commissioner Khomotso Phahlane is the subject of an investigation by the Independent Police Investigative Directorate (IPID) over allegations of corruption stemming from the time that he was the head of forensic services. Not only is he under investigation for corruption, but he is also accused of defeating the ends of justice, after allegedly contacting witnesses who formed part of the investigation into the corruption allegations.

Bear in mind that he is acting in the position because the National Police Commissioner, Riah Phiyega, is currently suspended from the position while she reportedly appeals the Claassen Board of Inquiry’s findings that she is not fit to hold office regarding her conduct in the Marikana killings. Her predecessor, Bheki Cele, unceremoniously left the position over allegations of maladministration and misconduct regarding the lease of a new building for the police headquarters. Jackie Selebi’s time at the helm eventually saw him imprisoned for corruption and perhaps he is better known for his well-publicised friendship with known figures of the underworld.

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CASE DISCUSSION: A NATION SHOULD NOT BE JUDGED BY HOW IT TREATS ITS HIGHEST CITIZENS, BUT ITS LOWEST ONES – SONKE GENDER JUSTICE V THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE HEAD OF POLLSMOOR CENTRE REMAND DETENTION FACILITY

prisonThe South African Government’s failure to address the overcrowding at Pollsmoor Remand Detention Facility (Pollsmoor RDF) was addressed, on 5 December 2016, by the Western Cape High Court in the matter of Sonke Gender Justice v The Government of the Republic of South Africa and the Head of Pollsmoor Centre Remand Detention Facility.

The Court declared that the Government failed to provide the constitutional and legislative standard of core services, including nutrition, accommodation, exercise, ablution facilities and health care services (hereinafter referred to as core services) to awaiting-trial inmates. This Court Order signals a great victory for the constitutional right to human dignity of awaiting-trial detainees.

The Court Order requires Government to show by 21 December 2016 why the Court should not order it to reduce overcrowding at Pollsmoor RDF to 120% of its approved accommodation, which is currently at a level of 250%. Furthermore, Government must develop a comprehensive plan by 31 January 2017, with specific timeframes for its implementation, pertaining to the deficiencies of core services to the inmates of Pollsmoor RDF. The Court Order also makes it mandatory for the Head of the Pollsmoor RDF (the Second Respondent) to report on his weekly findings on inspections of cell accommodation. This strict timeframe has to be adhered to otherwise the Government may be found to be in contempt of court.

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STATEMENT: THIS INTERNATIONAL HUMAN RIGHTS DAY: REMEMBERING THE MOST VULNERABLE

un human rights day optThe Centre for Constitutional Rights (CFCR) celebrates international Human Rights Day but also calls for the protection of society’s more vulnerable groups.

Noluvo Swelindawo lived openly as lesbian in Khayelitsha until she was brutally murdered – supposedly, because of her sexual orientation – joining a growing list of such horrific incidents in South Africa. Despite the fact that the Constitution prohibits unfair discrimination on grounds including ‘sexual orientation’ – and further that the State is obliged to respect, protect, promote and fulfil the rights in the Bill of Rights – there are simply too many reported incidents of such intolerance. The proliferation of such attacks occurs despite the observance of international Human Rights Day, which day also marks the end of the 16 Days of Activism against Gender-Based Violence Campaign.

South Africa already suffers one of the highest rates of rape in the world – and with women such as Noluvo Swelindawo, their sexual identity adds an extra layer of vulnerability.  The 16 Days of Activism against Gender-Based Violence Campaign is meant to address gender-based violence, including the type of violence directed against women who identify as lesbian, gay, bisexual or transgender.

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ARTICLE: THE BATTLE AGAINST THE HIV EPIDEMIC – IS SOUTH AFRICA WINNING?

HIV TESTOn 1 December 2016, we celebrate World AIDS Day – the global initiative which aims to unite people in the fight against the disease. In the spirit of the day it is perhaps appropriate to take a moment and reflect on the significant advancements made during this year by various role players in the fight against HIV and AIDS.

South Africa has come a long way since the ground-breaking judgment by the Constitutional Court (the Court) in Minister of Health and others v Treatment Action Campaign and Others in 2002 (TAC), in terms of which the Government was ordered to provide the anti-retroviral drug, Nevirapine to all public hospitals and clinics and not only those classified as research sites.

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ARTICLE: SOUTH AFRICAN FOREIGN POLICY AND INTERNATIONAL LAW

161130 BreakfastOn 30 November 2016, the Centre for Constitutional Rights (CFCR) and the School of Public Leadership (SPL) at Stellenbosch University (SU), supported by the Konrad Adenauer Stiftung (KAS), hosted the final dialogue in a series of discussions for 2016.  The discussions aim to create a platform for debate and dialogue about the Constitution and good public leadership.

Guests who attended the dinner were from a myriad of disciplines including government, diplomatic circles, academia, and civil society. The conversation focused on the topic of foreign policy and international law. This is especially pertinent to the context of South Africa, in light of Cabinet’s recent decision to withdraw from the International Criminal Court (ICC), a move that would take effect one year after formal notice. Both panel and audience members fleshed out the implications of South Africa withdrawing from the Rome Statute and gave critical insight into what lies ahead for the future of the nation. 

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ARTICLE: FINALLY, A NEW INSPECTOR-GENERAL OF INTELLIGENCE IS NOMINATED

OIGI optParliament’s Joint Standing Committee on Intelligence (JSCI) has finally nominated a candidate for the post of Inspector-General of Intelligence (IGI) after the post had been vacant since 31 March 2015. Dr S.I. Dintwe has been nominated as the preferred candidate by the JSCI, and the National Assembly (NA) will vote on the nomination this week. The election process has not been without setbacks but public participation and civil action ensured a more open and transparent process this time around, which appears to be the pattern for ensuring accountability in 2016. Despite serious attacks on our constitutional democracy this year, the founding values of “accountability, responsiveness and openness” are alive and well and being upheld by ordinary South Africans through action by civil society – a proud moment for the Constitution.

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ARTICLE: 16 DAYS OF ACTIVISM AGAINST GENDER-BASED VIOLENCE – THE ROLE OF SAPS

ORANGE 2016 optThe period from 25 November (International Day for the Elimination of Violence against Women), to 10 December (International Human Rights Day), marks the annual commemoration of the 16 Days of Activism against Gender-Based Violence campaign. The international campaign originated from the first Women’s Global Leadership Institute coordinated by the Center for Women’s Global Leadership in 1991. Annually, United Nations Women spearhead this cause and this year’s theme is centered around resources that are needed to facilitate the cessation of gender-based violence across the world.

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ARTICLE: UNIVERSAL CHILDREN’S DAY: 19.7 MILLION STRONG

children foterOn 20 November, Universal Children’s Day will be celebrated around the world. This day is dedicated to promoting the welfare of children and signifies the adoption of the Declaration of the Rights of the Child and the Convention on the Rights of the Child by the United Nations (UN).  In South Africa, this is a day dedicated to the 19.7 million children under the age of 18 around the country. 

Universal Children’s Day goes beyond simply celebrating the youth of the world – the goal is also to raise awareness about the most vulnerable children, who have endured and succumbed to various forms of abuse, exploitation, and oppression. Children’s rights have been spearheaded globally through the Millennium Development Goals (MDGs), and furthermore with the targets outlined in the Sustainable Development Goals 2015-2030 (SDGs). 

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