Archive | November, 2016

CASAC launches legal proceedings on FICA Bill

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MONDAY 7 NOVEMBER 2016

CASAC has instituted proceedings in the Constitutional Court to secure the President’s compliance with his constitutional obligations in respect of the Financial Intelligence Centre Amendment Bill (FICA Bill).

In a statement released today, CASAC said the FICA Bill was passed by Parliament on May 2016 and submitted to the President on 13 June. To date, however, he had neither assented to or signed the Bill, nor referred it back to the National Assembly.

In a letter dated 19 September 2016, CASAC urged the president to comply with his constitutional obligations within 30 days, failing which it would ask the courts to intervene. The 30-day period expired on Monday 31 October 2016.

‘CASAC has now approached the Constitutional Court for an order declaring that the President has failed to perform his constitutional obligations, and order him to either assent to and sign the FICA Bill, or refer it back to the National Assembly,’ the statement said.

For the full media statement, click here.

For the Notice of Motion and Founding Affidavit, click here.

CASAC goes to Concourt on ICC

24 OCTOBER 2016

CASAC has lodged an application in the Constitutional Court to reverse the government’s decision to withdraw from the International Criminal Court.

In a statement issued today, CASAC said the decision was unconstitutional because it infringed the principle of the separation of powers. The Constitution made it clear that only the National Assembly and the National Council of Provinces could approve or withdraw from international agreements. Therefore, only parliament and not the executive could take South Africa out of an international treaty which it had previously ratified.

It added the decision to withdraw would undermine South Africa’s global reputation and its commitment to international law, as well as its respect for human rights at home.

For the full statement, click here.

CASAC express concern about Gordhan prosecution

11 OCTOBER 2016

CASAC has joined other organisations in expressing its concern about the decision to prosecute the Minister of Finance, Pravin Gordhan. In a statement released today, CASAC’s executive secretary, Lawson Naidoo, said the announcement that Gordhan had been charged with fraud, corruption and theft would have serious negative repercussions for the stability of the economy and the country as a whole, and raised profound questions about the integrity of key institutions of democratic governance.

For the full statement, click here.

Justice Committee recommends seven SAHRC Commissioners

27 October 2016

The Portfolio Committee on Justice and Correctional Services has recommended seven candidates for appointment to the South African Human Rights Commission (SAHRC).

They are Professor Bongani Majola,  Advocate Bokankatla Malatji, Mr Jonas Sibanyoni, Mr Andre Nissen, Ms Devikarani Jana, Ms Matlodi Mkwetla, and Advocate Andre Gaum. The committee recommended Prof Majola as Chairperson, and Ms Jana as Deputy Chairperson.

The names were released in a CASAC media statement issued today. In the statement, CASAC said the Portfolio Committee would meet in due course to adopt a formal report that would be tabled in the National Assembly.

CASAC has played an active role in promoting public participation in the SAHRC selection process. Among other things, it made detailed submissions to the Portfolio Committee on all 81 nominees.

For the full statement, click here.

Names of shortlisted SAHRC candidates released

THE Portfolio Committee on Justice and Correctional Services has shortlisted 18 candidates for the seven vacancies on the South African Human Rights Commissions (SAHRC).

The names and CVs of the shortlisted candidates can be viewed on the parliamentary website. To access the relevant section, click here.

The Committee has invited the public at large to give further inputs on the 18 nominees. Comments and/or objections to candidates can be forwarded to Mr Vhonani Ramaano, Committee Secretary, on vramaano@parliament.gov.za or tel (021) 403-3820.

CASAC submission on SAHRC nominations

3 OCTOBER 2016

CASAC has provided the Parliamentary Portfolio Committee on Justice and Correctional Services with profiles of all 81 candidates for the seven vacancies on the South African Human Rights Commission (SAHRC).

This initiative forms part of CASAC’s campaign to promote public participation in the selection process for selecting additional members of the SAHRC, which plays a key role in ensuring compliance with the human rights set out in the South African Constitution.

CASAC’s submission was handed to the Portfolio Committee on Friday 30 September, the deadline for the public participation process.

The Committee will undertake a preliminary selection process, and recommend seven candidates to the General Assembly. It will start a short-listing process on 5 October, and interview short-listed candidates on 13 and 14 October. CASAC has expressed the hope that its submission would assist the Committee in the shortlising process.

To download the CASAC submission, click on the link below.

CASAC submission on SAHRC candidates (30 September 2016)

For CASAC’s full media statement on the submission, click on the link below.

CASAC media statement – Report on SAHRC nominees

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