Quote of the week

The judgments are replete with the findings of dishonesty and mala fides against Major General Ntlemeza. These were judicial pronouncements. They therefore constitute direct evidence that Major General Ntlemeza lacks the requisite honesty, integrity and conscientiousness to occupy the position of any public office, not to mention an office as more important as that of the National Head of the DPCI, where independence, honesty and integrity are paramount to qualities. Currently no appeal lies against the findings of dishonesty and impropriety made by the Court in the judgments. Accordingly, such serious findings of fact in relation to Major General Ntlemeza, which go directly to Major General Ntlemeza’s trustworthiness, his honesty and integrity, are definitive. Until such findings are appealed against successfully they shall remain as a lapidary against Lieutenant General Ntlemeza.

Mabuse J
Helen Suzman Foundation and Another v Minister of Police and Others
19 January 2011

24 January in Cape Town: SA, Germany and the living Constitution

The Consulate General of the Federal Republic of Germany would like to draw the attention of the Cape Town legal community to a public panel discussion on Monday, 24 January 2011 at 6.30 at 6, Spin Street (Idasa Building), Dakar-Room.

21 and 15 Years on: to what extent can Germans and South Africans enjoy their respective „living“ Constitutions?

The 1949 German Grundgesetz (Basic Law) which was amended after German unity in 1990 and the 1996 South African constitution both marked the onset of genuine democracy.

Henceforth, the executive, legislative and the legal arms of the state recognize the supremacy of the rule of law as embodied by the respective written constitutions. Nevertheless, a constitution is not a „dead body“ but lives through its daily implementation and the interpretation provided by the Constitional Court. Individual citizens and the public in general view a constitution as a protection of basic rights and expect legislation and executive decisions alike to take into account their actual situation in society.

The panelists will discuss whether the constitutional practice in both countries is living up to this challenge, bringing the constitution in line with current developments and problems in society as a whole.

They include

Justice (ret.) Pius Langa, former President of the South African Constitutional Court

Roelf Meyer, former Minister of Constitutional Affairs (1992 to 1996) and chief negotiator at Kempton Park

Professor Herta Däubler-Gmelin, former Federal Minister of Justice and Member of the Bundestag (Federal Parliament), honorary professor at the Free University of Berlin

Professor em. Hans-Peter Schneider, founding director of the German Institute of Research in Federalism, Hannover, and member of the Constitutional Court of several German Federal States (Bundesländer).

Moderator: Jaco Barnard-Naudé, associate professor, University of Cape Town

Following the discussion refreshments will be served.

Please pass on this information.

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