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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

CASAC’s submission to the Office on Institutions Supporting Democracy on the Single Human Rights Body

On 30 June 2017, CASAC made a written submission to the Office on Institutions Supporting Democracy (OISD) on the Process to Examine the Feasibility of a Single Human Rights Body in accordance with recommendations made in the Kader Asmal Report.

This submission was endorsed by:

Public Service Accountability Monitor (PSAM School of Journalism and Media Studies, Rhodes University)

Shukumisa Coalition, representing over 60 civil society organisations across South Africa working against sexual violence.

To read full submission click here

 

CASAC lodges complaint with the Public Protector

CASAC lodged a three-part complaint with the Public Protector on 02 June 2017 regarding :

  • The recently reported corruption and failed corporate governance at Eskom, Transnet and the new state capture report
  • The GuptaLeaks and #GuptaEmails
  • The near total failure of Parliamentary or executive oversight over all these matters.

For the full complaint click here

CASAC makes submission to Parliament on withdrawal from the Rome Statute

CASAC has made a written submission on 8 March 2017, to the Portfolio Committee on Justice and Correctional Services on the Implementation of the Rome Statute of the International Criminal Court Act Repeal Bill [B23-2016].

The purpose of the Bill is to repeal the implementation of the Rome Statute of the Criminal Court Act, 2002 and facilitate South Africa’s withdrawal from the ICC.

The North Gauteng High Court recently held that the notice of intention to withdrawal from the ICC was invalid and unconstitutional due to the lack of prior consultation with Parliament.

South Africa issued a notice to the United Nations to formally revoke its withdrawal on 7 March 2017 following the High Court’s judgment.

 

Click here to access CASAC’s submission.

Statement of CASAC Advisory Council

Cape Town, 4 March 2017

Members of the Advisory Council of the Council for the Advancement for the South African Constitution (CASAC) met on Saturday 4 March 2017 in Cape Town for its bi-annual meeting. The CASAC Advisory Council, chaired by Sipho Pityana, had a detailed conversation about the state of the nation and the political and economic crises that threaten the welfare and security of all who live in South Africa.

For the full statement click here