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ARTICLE: UNDERSTANDING THE ROLE OF THE SABC AS A PUBLIC BROADCASTER

SABC LogoThings appear to have come to a head at the South African Broadcasting Corporation (SABC). This, in the wake of recently made, sweeping changes to its operations. Some changes appear unconstitutional. This suggests an organisation uncertain of its role as a public broadcaster in a constitutional democracy. The fact that both the courts and the Public Protector have found that acting Chief Operations Officer (COO) Hlaudi Motsoeneng’s appointment is irrational and unlawful adds to the public broadcaster’s malaise. Additionally, news reports suggest that the SABC will, next month, announce a loss of up to R500 million – nearly double the loss of R395 million from last year. All of this paints a picture of uncertainty over the future of the SABC.

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STATEMENT: TOWARDS PEACEFUL ELECTIONEERING

tshwane gov zaPockets in the City of Tshwane are beset by violence, with media reports showing burnt-out shells of motor vehicles, and streets littered with burning tyres. One person is said to have been killed in the violence. The violent protests are ostensibly as a result of party members’ unhappiness with the governing party’s National Executive Council’s decision to select a mayoral candidate ahead of the candidates preferred by the Tshwane branch of the governing party.

In addition, last week the Police Minister, Nathi Nhleko, announced that he had established a task team whose mandate is to investigate the “rise in the number of political killings”. He further expressed concern over the number of killings linked to the upcoming elections on 3 August 2016. The South African Human Rights Commission (SAHRC) has reported that over the past five years there have been about 50 politically-related killings, predominantly in KwaZulu-Natal and Mpumalanga. The Institute for Security Studies (ISS) in similar vein notes that political killings are as a result of local conflicts and rivalries.

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ARTICLE: YOUTH DAY – PAWNS IN ANOTHER’S BATTLE

Learners16 June – Youth Day – is commemorated annually in South Africa in remembrance of the schoolchildren who died at the hands of the apartheid police in 1976. The protests were in response to Bantu Education and the imposition of Afrikaans as a medium of instruction in schools. The movement spread like wildfire across the nation and this year marks the 40th anniversary of what is now referred to as the Soweto Uprising.

The Soweto Uprising serves as a reminder of the importance of education to young people. It is thus important to reflect on the significance of the day for youth and for education today. Section 29 of the Constitution enshrines the right to education and provides that “everyone has the right to basic education”. Basic education is covered in the years leading up to and including matriculation.

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STATEMENT: DEEPENING DEMOCRACY – CONSTITUTIONAL COURT DECISION IN IEC MATTER

iecThe Centre for Constitutional Rights welcomes the Constitutional Court’s (the Court) decision in Electoral Commission v Mhlope and Others, handed down today, in which the importance of free and fair elections for South Africa is underscored.

The case arose as an appeal by the Independent Electoral Commission (IEC) of the Electoral Court’s earlier decision to postpone by-elections in Tlokwe over irregularities on names in the voters’ roll. The Electoral Court had held that permitting elections while 4000 names on the voters’ roll lacked addresses would mean that the ensuing elections would not be free and fair, in direct contravention of section 19 in the Constitution, which provides every adult South African with the right to free, fair and regular elections.

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CASE DISCUSSION: THE IMPORTANCE OF PUBLIC CONSULTATION – E.TV (PTY) LTD V MINISTER OF COMMUNICATIONS

etvOn 31 May, the Supreme Court of Appeal (SCA) handed down a technical judgment on the amendment of the Broadcasting Digital Migration Policy (the Policy) in 2015 by the Minister of Communications (Minister). The issue concerned the legality of the Policy and was found by the SCA to be both procedurally and substantively irrational.

The Policy was first published in 2008 in terms of the Electronic Communications Act (ECA) which, together with the Constitution, empowers the Minister to make policy regarding broadcasting. The Policy is aimed at facilitating the migration of South Africa from analogue terrestrial television to digital terrestrial television, which is needed to free up signal space (digital migration process).

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CASE DISCUSSION: FEDERATION OF GOVERNING BODIES FOR SOUTH AFRICAN SCHOOLS V MEMBER OF THE EXECUTIVE COUNCIL FOR EDUCATION, GAUTENG AND ANOTHER

Foter school kidsOn 20 May, the Constitutional Court made a unanimous decision concerning the powers of officials in determining admission policies for schools in Gauteng in the Federation of Governing Bodies for South African Schools v Member of the Executive Council for Education, Gauteng and Another matter. The case concerned the validity of amendments to the Regulations for Admission of Learners to Public Schools in Gauteng (Regulations) which were promulgated by the Member of the Executive Council for Education, Gauteng (MEC) in 2012.

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SUBMISSION: CONCISE SUBMISSION ON THE COMMUNAL PROPERTY ASSOCIATIONS AMENDMENT BILL [B -2016]

outside parliament sabc1. 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. 

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SUBMISSION: CONCISE SUBMISSIONS ON THE FILMS AND PUBLICATIONS AMENDMENT BILL [B37—2015]

parliament sabc1. 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. 

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ARTICLE: THE EXPROPRIATION BILL HAS BEEN PASSED – BUT CONCERNS REMAIN

penThe 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.

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