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STATEMENT: VIOLENCE WILL NOT IMPROVE ACCESS TO EDUCATION

youth1The Centre for Constitutional Rights (the CFCR) notes with concern the escalating levels of violence, intimidation and racial tones accompanying student protests at university campuses and elsewhere across South Africa – whether committed by students, or in response to student protests.

The Constitution provides a number of options to claim our rights in a peaceful and lawful manner. This includes the right to assemble, demonstrate, picket and present petitions in a manner that is peaceful and unarmed.

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ARTICLE: INTERNATIONAL DAY OF RURAL WOMEN – A FOCUS ON LAND

international womens day foterToday, October 15, is the International Day of Rural Women as set by the United Nations. The day seeks to recognise the role of rural women in enhancing agricultural and rural development, improving food security and eradicating rural poverty. Indications, however, are that South Africa is far from this ideal.

Rural women live in areas falling under traditional authorities, with most of them living on communal land. According to the former Department of Land Affairs some 21.5 million people lived in communal areas as at 2008. Census figures state that 58.9% of individuals living in such areas are female.

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SPEECH: MUTUAL RESPECT A PREREQUISITE FOR A FUTURE OF UNITY IN DIVERSITY

tjk podium[Speech delivered by CFCR Director, Adv Johan Kruger, at Real Talk: “Blacks Only” – White Persepctives hosted by Dialoog (www.dialoog.co.za), 14 October 2015, Johannesburg]

Ladies and gentlemen, it is my pleasure to share a few ideas with you today about a future of unity in diversity. Opportunities like these are few and far apart and I must commend and thank the organisers for their initiative and the invitation to be part of this dialogue.

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STATEMENT: CFCR WELCOMES SUPREME COURT OF APPEAL’S JUDGMENT REGARDING POWERS OF PUBLIC PROTECTOR

sca bloemfonteinThe Centre for Constitutional Rights (the CFCR) welcomes the Supreme Court of Appeal’s (SCA) judgment in SABC v DA in which the Court upheld an order by the Western Cape Division of the High Court to suspend South African Broadcasting Corporation (SABC) Chief Operating Officer, Hlaudi Motsoeneng, pending a disciplinary hearing.

Crucial as this order may be, the judgment is also of cardinal importance as it relates to the constitutional values of accountable, responsive and open government as required by sections 1 and 41 of the Constitution.

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ARTICLE: WORLD TEACHERS’ DAY: REALISING THE RIGHT TO EDUCATION

teachers day5 October annually marks World Teachers’ Day. The day, according to the United Nations Education, Scientific and Cultural Organisation (UNESCO), is set aside to ensure that the needs of future generations will continue to be met by teachers. Suffice to say, teachers play a vital role in any society for a number of reasons. They provide education to young people, who in turn become the leaders of the next generation. They also impart knowledge to children in their most impressionable years, thus establishing a foundation that remains for the rest of their lives.

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SUMMARY: PARLIAMENT, THE PEOPLE AND ACCOUNTABLE GOVERNMENT

bfast lekota leonOn 22 September 2015 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 fourth in a series of breakfast discussions for 2015. The aim of these discussions is to create a platform for conversation and debate about the Constitution and good public leadership.

This discussion focused on the issue of Parliament, the People and Accountable Government, and was attended by guests from across the spectrum including government, the diplomatic community, academia, civil society and the media.

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STATEMENT: CFCR WELCOMES HIGH COURT DECISION IN AL-BASHIR APPEAL

al-bashir smlThe Centre for Constitutional Rights (the CFCR) welcomes a decision by the North Gauteng High Court to deny the State leave to appeal its earlier full-bench judgment in the Al-Bashir case.

A full bench of the High Court stated that it does not “hold the opinion that the appeal has reasonable prospects of success at all”. As such and in terms of the Superior Courts Act, the application for leave to appeal cannot be successful. The Court accordingly reiterated that for the reasons stated in its earlier judgment handed down in July 2015 in this matter, President Al-Bashir “enjoyed no immunity from arrest or from prosecution under customary international law as a serving Head of State…”, as the government have incorrectly and unsuccessfully been arguing.

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ARTICLE: EFF ON THE MONEY APPROACHING CONSTITUTIONAL COURT ON NKANDLA

foter concourt exteriorA decision by the Economic Freedom Fighters (the EFF) to seek direct access to the Constitutional Court on the Nkandla debacle, was the right decision. Although legal certainty regarding the Public Protector’s powers is an important matter, the Western Cape High Court in Democratic Alliance v SABC and Others arguably correctly clarified the law in this regard.

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