CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

PODCASTS

SUBMISSIONS

SPEECHES

EVENTS

ARTICLE: TWENTY-FIVE YEARS LATER – CELEBRATING THE ROOTS OF OUR GREAT NATIONAL TRANSFORMATION

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27 April will mark the 25th anniversary of the transformation of South Africa from centuries of white minority rule to rule by the majority of all the people of the country. All over South Africa people lined up patiently to exercise their right to vote for the government of their choice – most of them for the first time in their lives.   It was, perhaps, the greatest day in the long and conflicted history of the great variety of peoples who were arbitrarily brought together 84 years earlier in the Union of South Africa. It is now quite rightly celebrated as Freedom Day – and as South Africa’s national day.

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STATEMENT: RESETTING THE NPA ON THE PATH TO INDEPENDENCE

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According to a statement by the Presidency of 26 April 2019, the President notified Advocates Nomgcobo Jiba and Lawrence Mrwebi on 25 April that they are removed from their positions as Deputy National Director of Public Prosecutions (DNDPP) and Special Director of Public Prosecutions, respectively. The decision accordingly follows the recommendations made by the Mokgoro Commission of Enquiry into the fitness of the two advocates to fulfil senior positions within the Office of the National Prosecuting Authority (NPA). 

In line with section 12 of the National Prosecuting Authority Act (NPA Act) the President was required to decide within six months from the time he announced their provisional suspension (pending the enquiry into their fitness to hold office within the NPA) whether they had to be removed. 

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ARTICLE: LET THE ELECTORATE, NOT THE CORRUPT, SET POLICIES

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With a mere two weeks until South Africa’s sixth National Elections, the election campaigns of all contesting parties are trying to tell us who to vote for.  Do we want to “grow South Africa together”, “one South Africa for all” or rather, “our Land and Jobs now”? Though some might be tired of hearing empty promises, national elections are the key mechanism through which the people can set the policies they have to live, work, study and parent under. Therefore, a competitive and fair ‘marketplace of ideas’, in other words, policy-focused elections, are vital. But for this to be true, an underlying assumption needs to be tested: do the freely elected head of government and national legislative representatives determine government policies?

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CONSTITUTIONAL ISSUES