1. The Centre for Constitutional Rights (CFCR) is dedicated to upholding the Constitution of the Republic of South Africa, 1996 (the Constitution). To this end, the CFCR seeks to promote the values, rights and principles provided for in the Constitution; to monitor developments including policy and draft legislation that might affect the Constitution and the values, rights and principles provided therein; to inform people and organisations of their constitutional rights and to assist them in claiming their rights. 

1. The Centre for Constitutional Rights (CFCR) is dedicated to upholding the Constitution of the Republic of South Africa, 1996 (the Constitution). To this end, the CFCR seeks to promote the values, rights and principles provided for in the Constitution; to monitor developments including policy and draft legislation that might affect the Constitution and the values, rights and principles provided therein; to inform people and organisations of their constitutional rights and to assist them in claiming their rights. 

The National Assembly has passed the Expropriation Bill and should the President assent to it, South Africa will have a new Expropriation Act.

The new Expropriation Act has been a long time coming, the quest having begun in 2008, with the previous versions lapsing in Parliament over concerns with their constitutionality. In many respects, this version is perhaps the best thus far. That is not to suggest that the new Expropriation Bill is without fault.

To begin with, at provincial level, there were allegations of insufficient public participation in the legislative process. Various media reports revealed how, for example, in the Eastern Cape, the public was only made aware of the scheduled public hearings three days before they began. The Free State reportedly saw last minute venue changes, different from those initially advertised, which created confusion. It is doubtful whether the provinces managed to solicit a sufficient degree of public participation, which therefore casts doubt over the legitimacy of the National Council of Province’s final mandate.

The South Gauteng High Court today certified the class action involving former employees of mining companies.  This means that former gold miners and their families can jointly sue gold mining companies for damages after contracting silicosis and tuberculosis in extracting the mineral as part of their employment duties.

This is South Africa’s largest class action, which involves 56 mineworkers representing as many as 200 000 workers or their families.  The case rests on the fact that the mine workers’ health was placed at risk while in the employ of the mining companies. The mining companies are said to have known how to reduce the likelihood of inhaling the poisonous silica dust, but failed to implement measures to prevent this.

The Centre for Constitutional Rights (CFCR), based in Cape Town, is seeking the services of a Legal Officer. Reporting to the Director of the CFCR, the Legal Officer will be responsible for the following duties:

• Conducting legal research pertaining to constitutional matters;
• Assisting in drafting of legal opinions;
• Monitoring and assessing constitutionality of draft legislation and policy;
• Assisting in preparation of written and oral submissions to Parliamentary portfolio and select committees;
• Monitoring, assessing and reporting on cases and judgments with a constitutional bearing;
• Assisting with the production of the CFCR’s publications;
• Handling constitutional queries and disseminating information;
• Participation in meetings, conferences and seminars;
• Supporting the Director of the CFCR in fulfilling the Centre’s mandates;
• Managing administrative matters related to the CFCR in co-ordination with the Foundation; and
• Perform other duties as required.
  

On 27 April, South Africans will celebrate Freedom Day – set aside in order to commemorate the day that South Africa’s first multi-party democratic elections were held. While the importance of political rights cannot be downplayed – freedom also means the right of individuals “not to have obstacles to possible choices and activities”. In other words, the ability to achieve one’s fullest potential.