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Red-Card Corruption Pledge

The Constitution is our social contract based on democratic values, social justice, human rights and the improvement of the quality of life of all South Africans. We cannot progress and prosper through greed. An act of corruption is a crime against us all. We call upon the government to establish a strong, independent, anti-corruption body that can investigate all acts of corruption and ensure those that commit corrupt acts are brought to justice. Read More

The Impact of Corruption

We got a requisition from a province – it doesn’t matter which one – and it was for R19m to put in place a piece of infrastructure for us, based on a quote from a certain company. It seemed rather a high amount so we refused to just simply pay it. In fact, we asked that it go out to tender. The same company put in exactly the same proposal, only now the price was R10m. The R9m was, I realised, the ‘fat’. Read More

Corruption Towards a comprehensive Societal Response

In the changing circumstances of our times, a conservative assault on the constitution from the very powerful in our society is raising its ugly head. It is beyond doubt that corruption and patronage are so pervasive, rampant and crippling in our society... Read More

About this site

The Council for the Advancement of the South African Constitution (CASAC) is an initiative led by progressive people who want to advance the South African Constitution as a platform for democratic politics and the transformation of society and who believe in the advancement of a society whose values are based on the core principles of the Constitution – the promotion of socio-economic rights, judicial independence & the rule of law, public accountability and open governance.


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MEDIA STATEMENT - Public Protector Report on Nkandla

The Public Protector is appointed under the Constitution to strengthen constitutional democracy by probing improper conduct and maladministration in state affairs. In her report on the upgrades at the President’s private residence at Nkandla she has found that the President has violated the Constitution.

The Council for the Advancement of the South African Constitution (CASAC) believes that under these circumstances, it is necessary to consider whether the violation is of such a serious nature to require invoking the provisions of section 89 (1) of the Constitution. In our opinion, the issue is whether it would be constitutionally intolerable for the President to remain in office.

The Public Protector has made a positive finding that the President acted in breach of section 96(1) and (2) of the Constitution (paragraphs 10.10.1.5 and 10.10.1.6 of the Public Protector’s report). These sections place two obligations on the President. First, he must comply with the code of ethics for members of the Executive. Second, he must not act in a manner inconsistent with his office or expose himself to a situation of a conflict of interest.

CASAC Executive Secretary, Lawson Naidoo says:
“The Public Protector has found that the President violated both constitutional duties. First, by wearing “two hats” as guardian of the country’s resources and as a direct personal beneficiary of improper privileges, he violated the duty to avoid placing his personal interests in conflict with those of the state. Second, by failing to cause an investigation as soon as he became aware of the expenditure into his home, he acted in a manner inconsistent with the duty to protect public funds.”

Section 89(1) (a) provides that the President may be removed from office by a resolution supported by two thirds of the members of the National Assembly, for a “serious violation” of the Constitution or the law, or in terms of s. 89 (1) (b) for “serious misconduct”. Given the findings of the investigation as a whole, the quantum of the monies expended and the role of the President, it
would be difficult to sustain any argument that the findings of the Public Protector do not amount to serious violations or misconduct.

CASAC therefore believes that it would be constitutionally intolerable for Parliament not to consider whether the constitutional violation or the misconduct identified by the Public Protector fall within the category of violations in section 89 (1).

We call upon the Speaker of the National Assembly to convene a sitting of that House to deliberate on this matter.

For further enquiries please contact
Lawson Naidoo
073 158 5736 or 021 685 8809
Lawson@casac.org.za

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CASAC's Kader Asmal Human Rights Scholarship Award

Applications for CASAC’s Kader Asmal Human Rights Scholarship Award are now open. The award is for a Masters course in Human Rights @ Trinity College in Dublin. Application details can be found at http://www.canoncollins.org.uk/ireland.html

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Important Announcements

June 29, 20121 year ago

Celebration of the 15th birthday of the South African Constitution!

From February 10 up until February 29 South Africans of all ages and from all walks of life are asked to make one simple statement telling the world why they love our constitution. There are 5 ways to do this: Via:

  • Send an SMS to +27 78 949 3735 (Free SMS Apply)
  • MXit
  • Web: www.wethepeople.org.za;
  • Facebook: wethepeople_za
  • Twitter:@wethepeople_za

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