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CASE DISCUSSION: WHEN GOVERNANCE AND ETHICS FAIL: SOUTH AFRICAN BROADCASTING CORPORATION AND OTHERS V THE DEMOCRATIC ALLIANCE AND OTHERS

sca bloemfonteinThe recent ruling of the Supreme Court of Appeal (SCA) in the South African Broadcasting Corporation (SABC) and Others v The Democratic Alliance and Others, which upheld the decision of the Western Cape High Court and dismissed the SABC’s appeal on behalf of its Chief Operating Officer (COO) Hlaudi Motsoeneng and the Minister of Communications, is a welcome one. This is because it serves to cement the authority of the office of the Public Protector, as well as those of other Chapter 9 institutions.

 

The matter commenced in the Western Cape High Court as a result of the publicised irregular appointment of the COO into his current position and the ensuing investigation into the same, as well as maladministration of the national broadcaster by the Minister of Communications.

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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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STATEMENT: CFCR WELCOMES HIGH COURT DECISION IN AL-BASHIR APPEAL

al-bashir smlThe Centre for Constitutional Rights (the CFCR) welcomes a decision by the North Gauteng High Court to deny the State leave to appeal its earlier full-bench judgment in the Al-Bashir case.

A full bench of the High Court stated that it does not “hold the opinion that the appeal has reasonable prospects of success at all”. As such and in terms of the Superior Courts Act, the application for leave to appeal cannot be successful. The Court accordingly reiterated that for the reasons stated in its earlier judgment handed down in July 2015 in this matter, President Al-Bashir “enjoyed no immunity from arrest or from prosecution under customary international law as a serving Head of State…”, as the government have incorrectly and unsuccessfully been arguing.

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STATEMENT: CFCR WELCOMES MEETING BETWEEN CHIEF JUSTICE AND THE PRESIDENT

ZUMA CJThe Centre for Constitutional Rights (the CFCR) welcomes the recently concluded meeting between the Chief Justice as head of the Judiciary and the President as head of State. The meeting, at the request of the Chief Justice, Heads of Court and senior Judges of all Divisions, aimed to address the unwarranted attacks by some politicians on the Judiciary, but also the government’s apparent disregard for court orders.

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STATEMENT: ATTACKS ON JUDICIARY UNACCEPTABLE

gavel smallThe Centre for Constitutional Rights (the CFCR) notes with great concern the increasing attacks on the independence, impartiality, dignity and effectiveness of the courts by senior members of the African National Congress (ANC) and its alliance partners.

ANC Secretary General, Gwede Mantashe, accuses the Judiciary of “overreaching” and “contradicting the interest of the state versus judiciary”. He reportedly stated that “there is a drive in sections of the judiciary to create chaos for governance… if it doesn’t happen in the Western Cape High Court, it will happen in the Northern Gauteng – those are the two benches where you always see that the narrative is totally negative and create a contradiction.”

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STATEMENT: CFCR WELCOMES HIGH COURT’S AL-BASHIR JUDGMENT

al-bashir iccThe Centre for Constitutional Rights (the CFCR) welcomes the comprehensive explanation handed down by Justice Dunstan Mlambo, Judge President of the Gauteng Division of the High Court, on behalf of a full bench of the North Gauteng High Court. In its judgment, the Court explained the reasons for its earlier ruling in which it held that the South African government’s failure to arrest Sudanese President Omar al-Bashir – in accordance with its international obligations – was inconsistent with the Constitution and unlawful.

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