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CASAC submission on FIC Bill to Parliament’s Finance Committee

The President referred the Financial Intelligence Centre Amendment Bill back to Parliament as he had reservations regarding the constitutionality of the Bill.

CASAC made a written submission to the Standing Committee on Finance on 20 January 2017 regarding these reservations.

Read the full submission here.

Anniversary of signing of SA Constitution

9 December 2016

CASAC has joined other South Africans in celebrating the 20-year anniversary of the South African Constitution, which was signed into law by President Nelson Mandela at a ceremony in Sharpeville on 10 December 1996.

In a statement, Sipho Pityana, chairperson of CASAC, said South Africa should be very proud of its Constitution and its achievements, as it had provided the institutional infrastructure to advance South Africa’s democracy and curb the tendency towards the abuse of power and corruption, while giving ordinary people rights that had changed their lives for the better. For the full statement, click here.

CASAC launches legal proceedings on FICA Bill



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.