REQUEST TO SAHRC RE DEATH OF 37 TRANSFERRED PSYCHIATRIC PATIENTS: MARCH 2016 – ONGOING
a. The Centre for Constitutional Rights (CFCR) operates as a unit of the FW de Klerk Foundation The CFCR seeks to defend and promote the Constitution and the Bill of Rights and works for harmonious relations in multicultural societies. In this context it monitors any actions, statements or developments that might affect the Constitution, the Bill of Rights or harmonious relations between communities in our multicultural society.
b. The CFCR is particularly concerned about the recent transfer of 2 000 psychiatric patients by the Gauteng Department of Health, from Life Esidimeni to approximately 122 NGOs and other homecare facilities around Gauteng Province, over a four-month period beginning in March 2016.
c. At the same time the CFCR is particularly concerned about 36 patients who have been reported to have died over the four-month period; the causes of death are currently unknown. Of the 36 patients, 8 have been linked to the NGO known as Precious Angles, located in Atteridgeville. Precious Angels only registered as an NGO in June of 2016.
On Wednesday 5 October, the Parliamentary Portfolio Committee on Communications (the Committee) convened a meeting with the beleaguered Board of the South African Broadcasting Corporation (SABC) to allow the latter to brief the former on the state of affairs at the public broadcaster. This was done in light of the recent Supreme Court of Appeal (SCA) judgment concerning its newly appointed Group Executive for Corporate Affairs, Hlaudi Motsoeneng, and the problems that have recently plagued the SABC. It is worth noting that this meeting was conducted during a period of Parliamentary recess, which indicated the gravity of the matter.
On 5 October, the Centre for Constitutional Rights (CFCR) hosted its third breakfast discussion in partnership with the School for Public Leadership (SPL) for 2016, and sponsored by the Konrad Adenauer Stiftung (KAS). The focus of the breakfast discussion was engaging with the past in the context of reconciliation and restitution.
The Centre for Constitutional Rights (CFCR) is pleased to announce the appointment of Ms Christine Botha as Legal Officer, as of October 2016. In this capacity, Ms Botha will support the Director of the CFCR in achieving the Centre’s objectives of promoting the values, rights and principles in the Constitution; monitoring developments, including draft legislation, in terms of the Constitution; informing people and organisations of the constitutional rights and obligations; and assisting people and organisations in claiming their rights.
It is a convoluted affair and – where sense can be made of it – suggests an organisation mired in skulduggery and maladministration. That since its inception the National Prosecuting Authority (NPA) is yet to have a head successfully complete a full term without either resigning or being forced to leave the position, is one of the telling signs.
The embattled Chief Operations Officer (COO) of the South African Broadcasting Cooperation (SABC) may have reached the end of his tenure at the public broadcaster. After a series of court battles with opposition parties, the Supreme Court of Appeal (SCA) has dismissed SABC COO, Hlaudi Motsoeneng’s application for leave to appeal a High Court ruling that his permanent appointment should be set aside.
THE CONSTITUTION AND GOOD PUBLIC LEADERSHIP: BREAKFAST DISCUSSION SERIES 2016
An ad hoc committee was established by Parliament to oversee the appointment of the successor to the Public Protector, Advocate Thuli Madonsela. It was chaired by the African National Congress (ANC) MP, Dr Makhosi Khoza. In her opening speech she promised “the best person for the job”. Serving in the committee, were Julius Malema on behalf of the Economic Freedom Fighters (EFF), together with the following: Glynnis Breytenbach, Phumzile van Damme, James Selfe and Werner Horne, on behalf of the Democratic Alliance (DA). Other members included on behalf of the ANC, besides the chairperson, Makhosi Khoza, Bongani Bongo, Amos Masondo, Nicolaas Koornhof, Grace Tseke, Madipoane Mothapo, and Patrick Maesela.
The Constitutional Court (the Court) recently heard a matter concerning the principle of the best interests of the child. In this case, Raduvha v Minister of Safety and Security and Another, the Court heard an appeal lodged by Michell Raduvha (the applicant) in a claim for damages which she brought against the Ministry of Safety and Security (the Minister), as well as the South African Police Service (SAPS) following her arrest and detention at the age of 15. The Court’s ruling has serious implications for the rights of children who find themselves in conflict with the law and the conduct of law enforcement officials in such situations.