STATEMENT: CFCR CONDEMNS JULIUS MALEMA’S CALL FOR LAWLESSNESS
2015-03-23
The Centre for Constitutional Rights (the CFCR) condemns a recent call by Julius Malema for the illegal destruction of property in disregard of the law.
The Centre for Constitutional Rights (the CFCR) condemns a recent call by Julius Malema for the illegal destruction of property in disregard of the law.
In the film, Quantum of Solace, the protagonist, James Bond, uses his wit, gadgets and even more of his weapons to thwart the antagonist’s grand plans to overthrow the government of Bolivia and thereafter privatise the water supply.*
In terms of section 7 of the Constitution, the Bill of Rights is a cornerstone of democracy and enshrines the rights of all people in South Africa. It affirms and gives effect to the constitutional values of human dignity, achievement of equality, advancement of human rights and freedoms, non-racialism and non-sexism, and is protected by the supremacy of the Constitution and the Rule of Law. These constitutional values and fundamental rights are interrelated, interdependent and indivisible and the failure to protect or fulfil one right consequently affects the realisation of another. In most such instances, the right to human dignity is almost always affected.
20 February is commemorated annually as World Day of Social Justice.
The Constitutional Court recently delivered a unanimous judgment on the question of whether a child may claim damages for negligent failure to properly diagnose a pre-natal medical disability.
In December 2014, the Constitutional Court delivered a judgment concerning the application of section 191 of the Labour Relations Act 66 of 1965 (LRA), which requires an unfair dismissal dispute to be referred for conciliation before it can be brought to the Labour Court.
Recently, the Supreme Court of Appeal (SCA) handed down a judgment on the rights of an unmarried father in respect of his minor child. The case was an appeal from a decision of the KwaZulu-Natal High Court.
What is the difference between a deprivation and an expropriation?
Section 25 of the Constitution, the property clause reflects a delicate balancing act between the protection of private property rights on the one hand and serving the public interest largely in the realm of land reform on the other hand. Arguably, the provisions in the property clause strike a proportionate balance between the two latter functions. This may well be about to change should the governing party’s policy proposals, most recently echoed by President Zuma during his 2015 State of the Nation Address, be passed into law.