CASAC

Zuma corruption charges – CASAC ties NPA’s hands

MEDIA STATEMENT

20 December 2017

The National Director of Public Prosecutions (NDPP), Adv Shaun Abrahams has been put on notice not to withdraw the fraud, corruption and racketeering charges against President Jacob Zuma pending the outcome of a Constitutional Court ruling. In a letter http://www.casac.org.za/npa_ndpp-18-12-2017/to the State Attorney (representing Adv Abrahams), lawyers for CASAC, the Legal Resources Centre has drawn Adv Abrahams’ attention to the directions issues by the Constitutional Court on Friday 15 December 2017.

Those directions followed CASAC’s application for an order confirming the decision of the full bench of the North Gauteng High Court delivered on 7 December (CASAC v the President of RSA & Others). CASAC’s application was made In terms of s.172 (2) of the Constitution which states that an order of constitutional invalidity is of no force until it has been confirmed by the Constitutional Court.

The Constitutional Court directions acknowledge the fact that Adv Abrahams is unable to take a decision relating to the charges against President Zuma because his very appointment is in dispute. In setting aside the unlawful settlement agreement with Mr Mxolisi Nxasana, the High Court also set aside the appointment of Adv Abrahams, pending the appointment of a permanent NDPP. The directions also state that any party wishing to oppose CASAC’s application must do so by 19 January 2018.

Adv Abrahams has been requested to provide CASAC with an assurance by 5 January 2018 that he will not withdraw the charges against President Zuma and that if he intends to do so, he gives CASAC two weeks’ notice of such intention. Should he not provide such an undertaking CASAC may apply for an interdict to this effect, and may also seek a personal costs order against Adv Abrahams.

 Enquiries:

Lawson Naidoo

073 158 5736

 

Roundtable Discussion: The “New” Public Protector, One Year On

CASAC’s Executive Secretary, Mr Lawson Naidoo and Dr Makhosi Khoza, a former ANC MP were guest speakers at a roundtable discussion recently hosted by the Catholic Bishop’s Liaison Office and the Hanns Seidel Foundation.

In his speech, Mr Naidoo provided a thorough analysis of the following:

  • The achievements of the current Public Protector, Advocate Busisiwe Mkhwebane since her appointment in 2016.
  • The South African Reserve Bank v Public Protector and Others case.
  • A comparison of appointment processes in Chapter Nine Institutions and their shortcomings.

The discussion was attended by representatives from civil society organisations, government, members of the public and media.

 

Media Statement – CASAC urges utmost caution 18 October 2017

Army on the streets should be a measure of absolute last resort.

“We are not there yet”.

CASAC is concerned by the recent statement by the Minister of Police, Mr Fikile Mbalula, proposing that the SANDF be deployed to combat crime in areas in Gauteng and the Western Cape.

Speaking from Cape Town, CASAC Executive Secretary Lawson Naidoo said:

“We believe that such a knee-jerk response to the scourge of crime, particularly violent and organised crime, is misplaced and probably misguided”.

South Africa requires a more thoughtful, holistic approach that acknowledges the failure of the SAPS to fight crime and to protect people. Such an approach must take into account the socio-economic challenges that we continue to confront.

For full statement click here

SUBMISSION ON DRAFT POLITICAL PARTY FUNDING BILL, 2017

CASAC welcomes the Draft Party Political Funding Bill, which represents a significant step in the right direction in filling a major gap in the accountability and transparency governance of South Africa, and in enhancing multi-party democracy. Moreover, there is much to be admired about the legislative reform process adopted by the Ad Hoc Committee and its advisors.

 

For full submission click here

Media Statement Supreme Court of Appeal Judgment – 13 October 2017

CASAC welcomes the judgment of the Supreme Court of Appeal today dismissing the appeals by President Zuma and the National Prosecuting Authority (NPA) against the decision of the NPA to withdraw the fraud, corruption and racketeering charges against the President.

 

In a comprehensive, reasoned and scathing judgment the SCA poured scorn on the manner in which the NPA sought to justify Adv Mokotedi Mpshe’s decision in April 2009. The court was moved to say “ … it beggars belief that the present regime at the NPA, on its own version of events, saw fit to defend Mr Mpshe’s decision as being rational … The manner in which the affidavits were drawn and the case conducted on behalf of the NPA was inexcusable”.

For the full statement click here

Submission on Public Funding of Represented Political Parties Act and Regulation of Private Funding of Parties

EXECUTIVE SUMMARY

The Council for the Advancement of the South African Constitution (CASAC) welcomes the parliamentary process that has commenced, and which provides an opportunity to fill a very serious gap in accountability and transparency in governance, while also protecting political parties from corruption and enabling them to play their pivotal role in South Africa’s democracy without undue and illicit interference.

Despite various international law obligations requiring South Africa to pass legislation, the funding of political parties in South Africa remains almost entirely unregulated, providing ample opportunity for unethical and dishonest donors to peddle influence in policy formulation and to meddle in domestic politics, enabling corrupt relationships to develop and undermining public confidence in both political parties and democratic politics more generally.

For full submission click here

Annex 1 Annex 2 Annex 3 Annex 4