Introduction

I have been asked today to participate in the discussion on improving the accountability of the National Prosecuting Authority (NPA), with the focus of developing specific proposals for reform.

I wish to begin by saying that this discussion could not have come at more important time. We currently face a small window of opportunity, where legislative reform of the NPA to strengthen independence and accountability might draw political support from the majority party. This potential support is evidenced by recent developments, such as the appointment of a panel in 2018 to assist the President in identifying potential candidates for the position of the NDPP. The recent transparent mechanism applied by the President to assist him in making the choice could provide a blueprint for possible reform, and this opportunity for legislative reform should be quickly seized.

1. The Centre for Constitutional Rights (CFCR) is a unit of the FW de Klerk Foundation – a non-profit organisation dedicated to upholding the Constitution of the Republic of South Africa, 1996 (the Constitution). To this end, the CFCR seeks to promote the Constitution and the values, rights and principles enshrined in the Constitution; to monitor developments including legislation and policy that may affect the Constitution or those values, rights and principles; to inform people and organisations of their constitutional rights and to assist them in claiming their rights. The CFCR does so in the interest of everyone in South Africa.
   

December 9 is set aside by the United Nations as International Anti-Corruption Day, to raise awareness of corruption and of the role of the United Nations Convention against Corruption (the Convention) in combating and preventing it. South Africa is a party to the Convention. The Convention is domesticated by the Prevention and Combating of Corrupt Activities Act, the Prevention of Organised Crime Act, the Protected Disclosures Act and the Criminal Procedure Act. In addition, South Africa is party to other conventions including the Southern African Development Community Protocol Against Corruption and the Organisation for Economic Co-operation and Development’s Anti-Bribery Convention. Obviously South Africa is not short of regulatory measures to both prevent and criminalise corruption, but perhaps that is where the good news ends.

3 December is commemorated annually as the International Day of Persons with Disabilities (IDPD). This observance has been promoted by the United Nations (UN) since 1992. It aims to promote the rights and wellbeing of persons with disabilities in all spheres of society and development, as well as to increase awareness of the situation of members of this group, in every aspect of political, social, economic and cultural life. The annual theme differs and this year it was, “Transformation towards sustainable and resilient society for all”. In South Africa, 3 December also marked the beginning of Disability Awareness Month.

This year, a recurring thread that featured during celebrations is the importance of understanding that not all disabilities are visible. There has always been a movement to recognise that disability is not inability, and that ableism should be the focus of awareness campaigns, rather than the difficulty to execute what are perceived as ‘normal’ tasks faced by persons with disabilities.  Another familiar call is for the elimination of the stigma attached to disability. The world over, when one considers persons with disabilities, one is most likely to consider a visible impairment, particularly if one has limited interaction or exposure with/to persons with disabilities.  These visible impairments have come to be the standard by which the notion of disability is evaluated. One only has to look at the everyday representations of disability to understand this. In public spaces, disability is commonly represented by a wheelchair and this means that the concerned environment is wheelchair-friendly. This totally disregards all other ways that disability presents itself and the myriad of diverse accessibility needs. This means that there remain millions of people whose accessibility needs are not met in public (and private) spaces.

On Friday 1 December 2017, the world celebrates World AIDS Day – the day for global unity to raise awareness on the global fight against this epidemic. The United Nation’s campaign for World AIDS Day 2017 focuses on the right to health and aims to investigate the specific obstacles people face globally in exercising this right. The right to health – as enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR), and guaranteed in section 27 of the Constitution – is meaningless without ensuring that conditions giving effect to this right are in place, such as adequate sanitation, housing and access to justice. According to the campaign, to end the AIDS epidemic, the right to health and access to quality healthcare must be accessible and available to everyone. An inspiring campaign – but how available and accessible is healthcare for young women in South Africa, who are still falling between the cracks?