CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

PODCASTS

SUBMISSIONS

SPEECHES

EVENTS

SPEECH: HOW DO YOUNG PEOPLE REMEMBER?

It is a tragedy that lasted 100 days and saw at least one million lives lost. Men, women and children were slaughtered and crushed in a hate-filled frenzy. Ethnic identity (reflected on identity cards and appearance) was the basis of death by guns, machetes and farming implements by neighbour on neighbour, youth militias and gendarmerie. Moderate Hutus and Twas were collateral damage in a hate-filled campaign to rid the country of Tutsis.

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ARTICLE: STRIKING A BALANCE BETWEEN PROCESSING LAND CLAIMS AND ENACTING LEGISLATION THAT MEETS CONSTITUTIONAL MUSTER

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SPEAKER OF THE NATIONAL ASSEMBLY AND ANOTHER V LAND ACCESS MOVEMENT OF SOUTH AFRICA AND OTHERS 

On 19 March 2019, the Constitutional Court (the Court) handed down judgment in Speaker of the National Assembly and Another v Land Access Movement of South Africa and Others (LAMOSA 2). The matter was an application brought by the Speaker of the National Assembly (NA) and the Chairperson of the National Council of Provinces (NCOP) for an extension of an interdict granted by the same Court in Land Access Movement of South Africa v Chairperson, National Council of Provinces (LAMOSA 1).

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SPEECH: INDEPENDENCE AND ACCOUNTABILITY OF THE NPA

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Introduction

I have been asked today to participate in the discussion on improving the accountability of the National Prosecuting Authority (NPA), with the focus of developing specific proposals for reform.

I wish to begin by saying that this discussion could not have come at more important time. We currently face a small window of opportunity, where legislative reform of the NPA to strengthen independence and accountability might draw political support from the majority party. This potential support is evidenced by recent developments, such as the appointment of a panel in 2018 to assist the President in identifying potential candidates for the position of the NDPP. The recent transparent mechanism applied by the President to assist him in making the choice could provide a blueprint for possible reform, and this opportunity for legislative reform should be quickly seized.

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CONSTITUTIONAL ISSUES