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An overview of CASAC

The gap between the vision of the South African Constitution and the lived reality for the great majority of people living in South Africa is vast. The gap is so great that there is a grave danger that the Constitution’s future strength is precarious. Until such time as a critical mass of people living in South Africa has directly experienced the benefits that the Constitution can provide, its advancement will be profoundly constrained. This project seeks to address this ‘gap’ directly, by building a powerful alliance of civil society organisations that can, together, develop a strategic set of interventions aimed at turning the constitution into a living reality.

The potent – but unspoken – question that has emerged for progressive constitutional democrats in recent times is this: if it becomes necessary who will defend the constitution and how? While it is clear that the government, and the ruling party, remain fully committed to the Constitution that was the product of decades of struggle, it is also clear that without a strong and independent civil society movement working towards the advancement of the Constitution its future will not be assured. This is because there are always limits to what government, parliament and political parties can achieve. Democracy creates its own pressures; sometimes the competitive nature of the process can distract from the long-term task of building strong institutions of democratic constitutional governance.

In recent years, some constitutional institutions have suffered collateral damage from the intensity of the political pressures that arose during the ANC’s leadership process. It was notable that during this period organised civil society appeared disorientated, confused as to how to respond. There was no concerted response in relation to the various issues of constitutional governance that arose; nor is there an umbrella civil society body or alliance that can take on responsibility for advancing the Constitution as a whole. While South Africa is enriched with a relatively strong array of civil society activists and organisations, the lobbying and advocacy capacity of the sector seems, at times, to be rather shallow. Certainly it is true that most organisations working in the realm of human rights and access to justice are ‘single issue’ organisations, rarely, if ever, collaborating; there is no organisation or structure that, in relation to the Constitution, is able to pull civil society together, whether to protect the Constitution or to build it.

This has serious implications for the future. If the people living in South Africa do not believe in the Constitution and are not prepared to claim it and defend it themselves, then it will remain a lofty ideal, enjoying only elite support. South Africa must not fail; the implications for the region and for global attitudes to Africa are grave. If there is one big lesson we have learnt from the experience of Zimbabwe it is that coherent, powerful pro-democracy movements cannot easily be built during a time of crisis. They must be built quietly at times of relative well-being on the basis of worst-case scenarios that one hopes will not arise.

This project is intended to plug the lacuna, by creating a platform for progressive thinkers and activists in the area of human rights to convene and co-ordinate their activities, with a particular focus on public interest litigation, human rights education, and access to justice.

 

Source: www.dgru.uct.ac.za

 

 

July 26, 2012Posted by Casac in Blog

The Wolpe Dialogue in association with Wits University and the Harold Wolpe Memorial Trust

The Department of Sociology, Wits University and the Harold Wolpe Memorial Trust

Invite you to a

Wolpe Dialogue  

 

in honour of the late Harold Wolpe, renowned academic and activist.

 

Thursday, July 26, 4:45pm for 5pm to 7pm

 

The Constitution, Policy and the State:

The Agenda for Economic Distribution


Sipho M Pityana

Chairman, The Council for the Advancement of the South African Constitution (CASAC)

Venue:

Wits University, Southwest Engineering Building,

Ground Floor, Room 10.

Safe Parking at Yale Road, Wits

July 16, 2012Posted by Casac in Blog

Launch of UNODC global awareness campaign and video on the $870 billion organized crime business

Dear NGO representatives

I am writing to inform you about a new UNODC global awareness-raising campaign and video that UNODC has launched today (Monday, 16 July 2012).  The campaign reveals the staggering size and scope of transnational organized crime, a business generating $ 870 billion annually. That amount is equivalent to around 1.5 per cent of global GDP, or 6 times the budget for official development assistance, or 7 per cent of the world’s exports.

Organized crime spares no part of the world and preys on the vulnerable through force and deception. Human trafficking victims alone number 2.4 million, for example, and each year 1.5 million people are victims of identity theft.

The English-language video is available at: http://youtu.be/nV2cYC9IfNc

All additional UN languages and German can be viewed on the public campaign webpage at: www.unodc.org/toc.

This dedicated multilingual campaign website contains a series of factsheets on the financial and social aspects of the different types of organized crime. Other issues will be added in the lead up to the Conference of Parties to the UN Convention against Transnational Organized Crime which will be held in Vienna from 15-19 October 2012.

I would be most grateful if you would assist us in raising awareness about Transnational Organised Crime (TOC) through a few simple but important actions:

1. View the video yourself at http://youtu.be/nV2cYC9IfNc
2. Share the video and webpage www.unodc.org/toc with colleagues and friends via e-mail.
3. Share through social media such as Facebook and Twitter and use #TOC when tweeting about the campaign.
4. Feature the video and the campaign on your website and write your own stories about TOC.
5. Send us your suggestions on where we could broadcast the video to raise awareness to the general public.
Any support you can provide in promoting the campaign and video would be greatly appreciated.

Best regards,

Alun Jones
Chief of Communication and Advocacy
Division for Policy Analysis and Public Affairs
United Nations Office on Drugs and Crime

July 9, 2012Posted by Casac in Blog

Anti-Corruption Youth Essay Competition:“Fighting Corruption in Africa: a Youth Perspective”

Anti-Corruption Youth Essay Competition:“Fighting Corruption in Africa: a Youth Perspective”

 

 

 

UNITED NATIONS

ECONOMIC COMMISSION FOR AFRICA

    

 

African Union Advisory Board on Corruption

 

  

Anti-Corruption Youth Essay Competition:

Fighting Corruption in Africa: a Youth Perspective”

 

Are you an African youth concerned about corruption on the continent?

Have you or anyone close to you been a victim of corruption?

Do you believe your future is in any way threatened by corrupt practices?

Would you want your voice to be heard on the issue of corruption?

And do you have a passion for writing?

 

Then you should seriously consider participating in this year’s ‘Anti-Corruption Youth Essay Competition,’ co-organized by the Governance and Public Administration Division (GPAD) of the United Nations Economic Commission for Africa and the Secretariat of the African Union Advisory Board on Corruption (AU-ABC). This is within the framework of annual festivities to mark the International Anti-corruption Week, which is a major item in the Regional Anti-corruption Programme for Africa, developed by the UNECA, in collaboration with the AU-ABC.

 

The Regional Anti-corruption Program for Africa aims at up scaling the fight against corruption on the continent with a view to ensuring a corruption free, better governed and economically prosperous African continent.

 

As you are well aware, corruption negatively affects all segments and groups in society, particularly the youth, who constitute the majority in many African countries. This essay competition is therefore intended to serve two main purposes: firstly, to establish the level of awareness, among African youths of the manifestations and impact of corruption; and secondly, provide a platform for African youths to present their perspectives on the causes, manifestations and impact of corruption and corrupt practices.

 

This year’s theme is “Fighting Corruption in Africa: A youth Perspective” If you have a story or an experience to share relating to this theme, this is a wonderful opening for you – make your submission and let your voice count.

 

The authors of the best three essays will be flown to the host city for the 2012 International Anti-corruption Week, to directly take part in the festivities. More significantly, the five leading authors will participate in a final competition, during which they will make oral presentations (of their essays) to a panel of judges, who will select the three top winners who will then receive special awards from African dignitaries and officials from the two convening institutions.

 

Eligibility Criteria:

 

-       Applicants must reside in an African country

-       Applicants must be currently attending secondary or high-school

-       Essays must be between 4-7 pages long (single line spacing)

-       Submissions must be the unaided work of applicants

-       Submissions should be either in English or French

-       Applicants must be willing and fit to travel

 

To submit an entry:

 

Email your essay with your name, age, school, country of origin, and contact information (email address, telephone number) to: John I Gbodi (e-mail: Gbodij@africa-union.org) and copy Francis Ikome (e-mail: fikome@uneca.org.

 

 

The deadline for submission is: 15th August 2012­­­­­­­­­­­­­­­­­____________________

 

 

 

 

 

UNITED NATIONS

ECONOMIC COMMISSION FOR AFRICA  

 

 

African Union ADVisory board on corruption

  

  

Concours d’ Essai de Jeunes sur  la Lutte contre la Corruption:

“La Lutte contre la corruption en Afrique: La Perspective des Jeunes”

 

Etes-vous jeune Africain concerné par la corruption sur le continent?

Avez-vous personnellement ou un proche de vous , été une fois victime d’un acte de corruption?

Pensez-vous que votre futur est de quelque façon menacée par des actes de corruption?

Voudriez-vous que votre voix soit entendue sur le problème de la corruption?

Avez-vous de surcroît la passion d’écrire?

 

Alors, vous devriez sérieusement envisager de participer au Concours d’Essai de Jeunes sur la lutte contre la corruption, organisée cette année, par le Département de la Gouvernance et l’Administration Publique (DGAP) de la Commission Economique des Nations Unies pour l”Afrique (CEA) et le Secrétariat du Conseil Consultatif de l’Union Africaine sur la Corruption(CCUAC). Ce concours s’inscrit dans le cadre de la commémoration annuelle de la Semaine Internationale de Lutte contre la Corruption, qui constitue une activité majeure du Programme Régional de Lutte contre la Corruption, développé par la CEA en collaboration avec le CCUAC.

 

L’objectif du Programme Régional de Lutte contre la Corruption est d’accélérer la lutte contre la corruption sur le continent aux fins de bâtir une Afrique épargnée de corruption, une Afrique mieux gouvernée et une Afrique économiquement plus prospère.

 

Comme vous le saviez certainement, la corruption affecte négativement, plusieurs secteurs et groupes de la société, et plus particulièrement la jeunesse, qui constitue la majorité de la population dans plusieurs pays en Afrique. Ce concours d’Essai a donc pour but d’une part de s’enquérir du niveau de prise de conscience des jeunes sur l’existence et les conséquences  de la corruption et d’autre part, de fournir une plate-forme aux jeunes aux fins de présenter leurs perspectives  quant aux causes, manifestations et conséquences de la corruption et de ses pratiques.

 

Le Thème choisi pour l’Essai cette année, est: “La Lutte contre la Corruption en Afrique: La Perspective  des Jeunes”. Si vous avez une histoire ou une expérience sur ce thème et que vous voudriez partager avec les autres, voici alors une occasion propice. Faites votre contribution et faites entendre votre voix.

 

Les auteurs des trois (3) meilleurs essais feront le voyage en avion sur la capitale Africaine qui a été choisie pour la commémoration,  cette année 2012,  de la Semaine Internationale de Lutte contre la Corruption, pour y participer. Auparavant,  les auteurs des cinq (5) meilleurs essais, participeront ā une compétition finale, oū ils seraient priés de faire une présentation orale de leurs textes, devant un jury qui sélectionnera les trois meilleurs, qui recevront ensuite divers prix de la main de hauts dignitaires Africains membres des deux organes organisateurs.

 

Critères de selection:

 

  • Les participants doivent résider sur le continent Africain;
  • Les participants doivent être inscrits au premier degré du Collège (entre les classes de sixième et troisième);
  • Les essais doivent être entre 4 et 7 pages (espace d’une ligne simple);
  • Les textes proposés doivent être écrits de façon indépendante (par leurs auteurs);
  • Les textes doivent être écrits en Anglais ou en Français;
  • Les participants doivent vouloir et pouvoir voyager.

 

June 18, 2012Posted by Casac in Blog

LRC and CASAC join Julius Malema hate speech case

LRC and CASAC join Julius Malema hate speech case

Media Statement-Friday 15 June 2012

 

The Supreme Court of Appeal (SCA) on Tuesday 12 June 2012 issued a court order confirming the admission of the Council for the Advancement of the South African Constitution (CASAC) as amicus curiae (friend of the court) in the hate speech case against Julius Malema.

The Legal Resources Centre (LRC) is acting on behalf of CASAC. The case is expected to be on the roll later this year. Malema is appealing the Equality Court’s ruling in September 2011 which declared the “shoot the boer” song as hate speech.

CASAC’s seeks to argue that the Equality Court’s process for determining whether the singing of a particular song or the uttering of particular speech may legitimately be prohibited or penalised was flawed because it did not adequately consider the relevant speech in its proper context. Context, in this regard, includes the historical and constitutional context.

The Equality Court understood the concept of a “minority” in an inappropriately narrow fashion. A definition of the word “minority” must include factors other than numbers, and may encompass a group that is in the numerical minority, but which finds itself in a minority-like position.

CASAC believes the Equality Court failed to strike an appropriate balance between section 10 (right to human dignity) and section 16 (freedom of expression) of the Constitution. Such a balance could be struck in this case without causing any undue limitation on the right to freedom of expression.

CASAC’s founding affidavit is available here.

 

ENDS.

 ______________________________________________________________________

NOTE: For more information please contact:

  • CASAC Executive Secretary  Lawson Naidoo 073 158 5736, lawson@casac.org.za
  • Khumbulani Mpofu, LRC’s Communications and Marketing Officer, at khumbulani@lrc.org.zaor 011 838 6601/083 695 2025.
  • Sarah Sephton, LRC’s Regional Director, Grahamstown, 046 622 9230/083 410 7686

The LRC is an independent, non-profit, public interest law clinic, which uses law as an instrument of justice to provide legal services for the vulnerable. 

CASAC is a voluntary association that seeks to advance the South Africa Constitution as a platform for democratic politics and the transformation of society, and which believes in the advancement of a society whose values are based on the core principles of the Constitution.

June 12, 2012Posted by Casac in Blog

Media Statement

12 June 2012

CASAC welcomes the dismissal of Bheki Cele as National Police Commissioner

CASAC welcomes the decision by President Zuma to relieve Bheki Cele of his duties as National Police Commissioner following the report of the Board of Enquiry into Cele’s fitness to hold office. The dismissal of Cele is also a vindication of the report by Public Protector, Thuli Madonsela, last year which found his conduct in respect of the lease agreements for police offices ‘improper and unlawful’. CASAC urges the President to also implement the other recommendations from Judge Moloi’s Enquiry, including a criminal investigation of Cele’s actions.

The saga surrounding the lease deals has dragged the SAPS into disrepute in the eyes of many South Africans. Coupled with the continuing controversies relating to Richard Mdluli the levels of public confidence in the SAPS are depressingly low. It is a matter of urgency that public trust in the SAPS and the criminal justice system in general be restored, and that the trend of using the state security apparatus to interfere in political matters be halted.

We hope that the new National Police Commissioner, Mangwashi Victoria Phiyega, will move with speed and determination to deal with the crisis in the SAPS, and restore both the morale of police officers as well as public confidence in the police service. The fight against crime and corruption needs a focused, committed and determined police service supported by an active citizenry eager and willing to co-operate with law enforcement agencies.


 

Enquiries:

Lawson Naidoo – 073 158 5736

lawson@casac.org.za

June 6, 2012Posted by Casac in Blog

CASAC calls for withdrawal of the Traditional Courts Bill

CASAC calls for withdrawal of the Traditional Courts Bill

29 May 2012

The Council for the Advancement of the South African Constitution (CASAC), a member of the Alliance for Rural Democracy, calls on the National Council of Provinces (NCOP) to heed the calls of many South Africans during the Public Hearings on the Traditional Courts Bill (TCB) to STOP THE TCB. The voices of ordinary people must be heard. CASAC calls for the Bill to be withdrawn in its entirety. We also welcome the opposition to this Bill by Ministers Lulu Xingwana and Jeff Radebe, as well the South African Communist Party.

This Bill is not only unconstitutional but also brings into sharp focus the following fundamental and substantive issues which must be addressed as a matter of urgency:

  • Customary boundary disputes which have fractured and divided many communities;
  • Imposition of  extra-statutory and illegal tribal levies or taxes on the rural poor – with the result that some have to wait for months before they can bury their spouses and loved ones due to outstanding levies;
  • Abuse of power by some traditional leaders who obstruct development initiatives by ordinary people;
  • Disputes over the legitimacy of some traditional leaders and their imposition on communities.

The TCB undermines the constitutional principle of a unitary state with non-discriminatory legal dispensation for all its citizens. While CASAC recognises the importance of customary law in a diverse society such as ours, we also affirm the right of all citizens to make informed choices and exercise their right wherever they are.  The Bill seeks to coerce those in rural areas to accede to the jurisdiction of traditional leaders.

The Bill takes away this right and reduces millions of South Africans to “tribal subjects”.  It therefore takes us back to an era where the very basis of South African law was inequality and injustice, premised on the concept of ‘separate development’. We recently took former President de Klerk to task for seeking to justify the Bantustan system. It is unconscionable for a democratically elected legislature to attempt to resuscitate elements of apartheid. We therefore also call upon Government to reconsider section 28 of the Traditional Leadership and Governance Framework Act 41 of 2003 (TLGFA) which establishes these boundaries for traditional authorities.

The immediate withdrawal of the TCB will pave the way for serious engagement with the fundamental issues that have been raised in the Public Hearings, and a proper consideration of how to accommodate customary law within the constitutional framework and principles.

Enquiries:

Lawson Naidoo – 073 158 5736

lawson@casac.org.za

The Launch of Kader Asmal Moot Court at the University of Western Cape

A speech delivered by Louise Asmal, Professor Kader Asmal’s widow, on 13 February 2012

 

This has been a wonderful occasion, and a fitting event coming from a university to which Kader felt such a deep attachment.   When he first arrived here, it was a place of extraordinary political ferment, fierce debates, and involvement in planning the future of our country.   The Truth and Reconciliation Commission and the Constitutional Court were both the subject of such debates, and fervently promoted by members of the Community Law School here, of whom Kader was one.

To my horror, I read on the internet this morning that our President wants the powers of the Constitutional Court to be reviewed.  According to the report, he seems to think that the fact that some judgments are made by majority vote only proves that these judgments are not necessarily correct.  But this is the same process as is followed in debates in Parliament, and if the majority vote there were not deemed to be decisive, chaos would ensue in government.  The President went on to say that judges are influenced by the media, which looks like a regrettable attack on their integrity.

I do not really understand why our Government,  with such a substantial majority in Parliament, and such substantial support in nearly every part of the country, is quite so sensitive to criticism – though I must say that this sensitivity is pretty well standard for governments all over the world.  I believe rather that South Africa is fortunate to have such a vigorous press, and such a strong civil society.

We have heard a lot of criticism lately of our Constitution, and have even heard some rash members of the ANC and its Youth League proclaim that “it is not our constitution”.   Absurd!  So I was very happy to hear that President Zuma, in his State of the Nation address, stated that:

“We affirm our commitment to advance the ideals of our country’s

Constitution at all times”.

This was not given the publicity it deserved in our press.

Finally, I must congratulate UWC on establishing this Moot Court.  I am sure that it will promote many vital debates;  and the Asmal family are proud and honoured that it is being named after Kader.

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