Archive | Media Statements

Media Statement

Legal Challenge to Ingonyama Trust

07 November 2018

The Legal Resources Centre (LRC) yesterday (6 November 2018) filed an application Court in the Pietermaritzburg High Court on behalf of Council for the Advancement of the South African Constitution (CASAC), the Rural Women’s Movement (RWM) and Seven Informal Land Rights Holders challenging the conversion of Permission to Occupy (PTO) or informal land rights to long term lease agreements by the Ingonyama Trust.

A number of persons hold a PTO or informal land rights on land vested or registered in the name of the Ingonyama Trust. In this case CASAC, RWM and the Seven Informal Land Rights Holders (the Applicants) act in their own interest, as members of and in the interest of the group constituted by persons who hold PTO’s or informal rights to land vested or registered in the Ingonyama Trust; on behalf of members of that group who cannot act in their own names; and in the public interest.

For full statement click here

Notice of Motion

Founding Affidavit

Media Statement – Report on IEC Commissioner Candidates Released

My Vote Counts and the Council for the Advancement of the South African Constitution (CASAC) have compiled a comprehensive report on the 26 shortlisted candidates who have been shortlisted for interview for the three vacancies as Commissioners for the Electoral Commission (IEC).

A panel consisting of Chief Justice Mogoeng Mogoeng, the Chairperson of the Human Rights Commission Prof Bongani Majola, the Deputy Chairperson of the Commission on Gender Equality Ms Tamara Mathebula and the Public Protector Adv Busisiwe Mkhwebane will interview the candidates from 25 to 29 June 2018. The panel has whittled down the 119 applicants to a shortlist of 26 candidates for interview.

For full statement click here 

 

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

 

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

CASAC Commissions a Legal Opinion on the Restraint of Protest in or Near University Campuses

The Council for the Advancement of the South African Constitution (CASAC) has commissioned a legal opinion from the Socio-Economic Rights Institute (SERI) on the restraint of protest in or near university campuses. In recent years, there has notably been an increase in protest action across all universities in South Africa.

Section 17 of the Constitution which specifies that “Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions”, is assessed against the apparent conflict with property rights on university campuses and the subsequent use of interdicts and force in restraining these protests.

The opinion is further aimed at addressing the constitutional rights to the freedom of expression, bodily integrity and the rights of detained and arrested persons. The legal opinion has also taken cognisance of the legal judgments dealing with the right to protest.

To read the full legal opinion click here