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Brian Molefe MP: an affront to the Constitution and good governance

MEDIA STATEMENT

The announcement by Parliament that Mr Brian Molefe, former CEO of Eskom, is to be sworn in as an ANC Member of Parliament is a further indication of the negation of the values and principles of the Constitution, and the importance of ethical and principled leadership.

For full statement read here

The Real State of the Nation Address

Sipho Mila Pityana
St George’s Cathedral, Cape Town
8 February 2017
 
Comrades and friends
 
I would urge the Speaker of the House to not address President Jacob Zuma as honourable when she invites him to present his State of the Nation Address tomorrow night — for it is a matter of fact that he is not.
 
Importantly, he shouldn’t be addressing us as a nation in the capacity of a President for he has broken his contractual relationship with us as citizens. Instead, Parliament should be telling us when it intends to hold him to account following the Constitutional Court judgment on the Secure in Comfort Report.
 
President Zuma: You must know that as a nation we no longer have confidence in your leadership. You are not trusted by the people. You are not trusted by civil society. And, increasingly, you are not even trusted by your own party and its allies.
 
When the opposition parties supported a motion of no confidence against you in Parliament last year, you deliberately misinterpreted the objection of your own members to that motion as support for you.
 To read the full speech click here

President appoints SAHRC commissioners

The President has appointed the new SAHRC Commissioners who will join Commissioner Ameermia with effect from 3 January 2017.

Professor Bongani Majola and Ms Devikarani  Jana have been appointed as the Chairperson and Deputy Chairperson of the SAHRC respectively.

For further information on the appointments, click here for the link to the media statement by the Presidency.

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

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.