ARTICLE: THE BEST INTERESTS OF THE CHILD: CHILDREN IN CONFLICT WITH THE LAW J v NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS AND ANOTHER
The Constitutional Court recently handed down judgment in a matter concerning the best interests of children who are in conflict with the law. The judgment declared section 50(2) of the Sexual Offences Act unconstitutional.
“The requirement of fair representation emphasises that the Constitution does not envisage a mathematical form of democracy, where the winner takes all until the next vote-counting exercise occurs. Rather, it contemplates a pluralistic democracy where continuous respect is given to the rights of all to be heard and have their views considered.” – Justice Albie Sachs
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 Centre 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 or principles provided therein, to inform people and organisations of their constitutional rights and to assist them in claiming their rights.
The Centre for Constitutional Rights takes pleasure in presenting its sixth annual Human Rights Report Card indicating where, in our opinion, South Africa has been making progress with regard to human rights and where it has been regressing.
1. The Centre for Constitutional Rights (the 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 Centre seeks to promote the values, rights and principles provided in the Constitution, to monitor developments including 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.
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 Centre 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 or principles provided therein, to inform people and organisations of their constitutional rights and to assist them in claiming their rights.
The Constitutional Court recently handed down judgment in a matter which addressed certain aspects of the relationship between credit providers and consumers. The judgment considered a credit provider’s obligations under the National Credit Act 34 of 2005 (“the Act”) when it seeks to notify a consumer of his or her default before approaching a court to enforce the credit agreement between them.
THE CONSTITUTION AND GOOD PUBLIC LEADERSHIP: BREAKFAST DISCUSSION SERIES
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 Centre 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 or principles provided therein, to inform people and organisations of their constitutional rights and to assist them in claiming their rights.