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STATEMENT: CONSTITUTIONAL COURT’S TLOKWE-JUDGMENT A WARNING TO IEC AND POLITICAL PARTIES

iecThe Centre for Constitutional Rights (the CFCR) welcomes a unanimous judgment by the Constitutional Court in which the Court set aside the results of a number of by-elections in Tlokwe Local Municipality and ordered fresh by-elections – because the elections were not free and fair.

In its recent judgment in Kham and Others v Electoral Commission and Another, the Court also declared that, in future, when registering a voter to vote in a particular voting district, the Independent Electoral Commission (the IEC) is obliged to obtain sufficient particularity of the voter’s address to enable it to ensure that the voter is at the time of registration ordinarily resident in that voting district.

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SUBMISSION: CONCISE SUBMISSION ON THE DRAFT CYBERCRIMES AND CYBERSECURITY BILL [B‐2015]

cybercrimeIntroduction

1. The Centre for Constitutional Rights (CFCR) is a unit of the FW de Klerk Foundation – a nonprofit organisation dedicated to promoting and 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 conduct, policy and draft legislation that might affect the Constitution and the values, rights or principles provided therein; to inform people and organisations of their constitutional rights; and to assist them in claiming their rights. We do so in the interest of every person in South Africa.

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ARTICLE: 16 DAYS OF ACTIVISM AGAINST VIOLENCE AGAINST WOMEN

UNWomen OrangeSplotch2015 marks the 24th year of the ‘16 Days of Activism against Violence against Women’ campaign. By now, it is common knowledge that this is an initiative of the United Nations to acknowledge, address and eliminate all forms of violence against women. Each year, for 16 days, governments, organisations and people from all walks of life run campaigns and programmes aimed at creating awareness about gender-based violence, all wearing the colour orange which has become synonymous with the movement.

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ARTICLE: UNIVERSAL CHILDREN’S DAY

foter children20 November marks the day on which the United Nations General Assembly adopted the Declaration of the Rights of the Child (the Declaration) in 1959, and later,  the Convention on the Rights of the Child (the Convention) in 1989. The Convention has since come to be the most ratified human rights treaty in history. It holds governments, society, parents and the international community accountable for the fulfilment of certain obligations in the realisation of the rights of children.

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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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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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