MEDIA STATEMENT – POSIB

23 November 2011

The Council for the Advancement of the South African Constitution (CASAC) remains concerned about aspects of the Protection of State Information Bill (POSIB) that was passed by the National Assembly yesterday. In particular our concern focuses on the implications of the POSIB for the right to access to information enshrined in section 32 of the Constitution and regulated by the Promotion of Access to Information Act.

Many ordinary South Africans and a broad range of civil society organisations have demonstrated their vigilance and expressed their reservations about the POSIB. Whilst the National Assembly has so far failed to heed the calls for a revision of the Bill, we hope that the National Council of Provinces will do so.

Should the POSIB be passed in its current form in the National Council of Provinces, we call on President Zuma not to assent to it and instead to exercise his power and responsibilities under section 79 of the Constitution to refer the matter back to the National Assembly for further consideration. Should the reconsideration by the National Assembly fail to cure the defects in the legislation, we would urge the President to refer the POSIB to the Constitutional Court for a decision on its constitutionality.

This is an important piece of legislation that is necessary to protect legitimate state secrets and to protect the sovereign integrity of our nation. It should not contain elements that undermine the constitutional rights of ordinary people.

Enquiries:

Lawson Naidoo          073 158 5736

Masutane Modjadji   076 937 0825

CASAC Media Statement

24 October 2011

President Zuma acts on corruption

The Council for the Advancement of the South African Constitution (CASAC) applauds President Zuma’s dismissal of Gwen Mahlangu Nkabinde and Sicelo Shiceka from Cabinet. We believe that the President has acted appropriately in responding to the reports of the Public Protector regarding the misdemeanours by these two former Ministers.

We also welcome the immediate suspension of the National Police Commissioner, Bheki Cele, and the appointment of a Board of Inquiry in terms of the South African Police Service Act to investigate his role in the leasing of premises for the SA Police Service.

We note the composition of the commission of enquiry under Judge Willie Seriti to conduct the investigation into matters relating to the arms deal. We await the announcement of the terms of reference for that enquiry and trust that these will allow for a comprehensive investigation.

CASAC has consistently called for a zero tolerance approach to corruption and unethical conduct, and urges all South Africans to “Red Card Corruption”. We will continue to lobby for the strengthening of our anti-corruption arsenal by establishing a truly independent anti-corruption agency that will be adequately resourced to fight corruption on all fronts.

Enquiries:

Lawson Naidoo – 073 158 5736

Masutane Modjadji – 076 937 0825

Special announcements by President Zuma

24 October 2011

Ladies and gentlemen of the media,
Thank you for joining us today.

I have a few announcements to make. These relate to changes to the National Executive of government, the Commission of Inquiry into the Strategic Defence Procurement Packages and the matter relating to the National Police Commissioner.

I have decided to make the following changes to the National Executive.

1. Ms Dina Pule, currently the Deputy Minister for Performance Monitoring and Evaluation, has been appointed Minister of Communications.
2. Mr Thembelani “Thulas” Nxesi, the Deputy Minister for Rural Development and Land Reform, will become the new Minister of Public Works. The Department will no longer have a Deputy Minister.
3. Minister Richard Baloyi, the Minister of Public Service and Administration, has been appointed Minister of Cooperative Governance and Traditional Affairs.
4. Mr Roy Padayachie, the Minister of Communications, is to take over the Public Service and Administration portfolio.
5. Mr Obed Bapela, the Deputy Minister of Communications, has been appointed Deputy Minister in the Presidency for Performance Monitoring and Evaluation.
6. Ms Hendrietta Bogopane-Zulu, the Deputy Minister of Public Works, will be the Deputy Minister for Women, Children and Persons with Disability.
7. Mr S. Lechesa Tsenoli, chairperson of the portfolio committee on cooperative governance and traditional affairs, has been appointed as Deputy Minister for Rural Development and Land Reform.
8. ANC Member of Parliament, Ms Thembisa Stella Ndabeni, will become the Deputy Minister of Communications.

I wish all the new Ministers and Deputy Ministers well in their portfolios.

We also extend our gratitude to the Ministers and Deputy Ministers who have vacated their portfolios for their contribution to building a better life for all.

Ladies and gentlemen,

On the 15th of September I announced that I would, in terms of section 84 (2) (f) of the Constitution, appoint a commission of inquiry to investigate allegations of wrongdoing in the Strategic Defence Procurement Packages, generally known as the “arms deal”.

I have appointed the Commission. The esteemed members are as follows;

1. Honourable Mr Justice Willie Seriti, Judge of the Supreme Court of Appeal.
2. Honourable Mr Justice Willem van der Merwe, Deputy Judge President of the North Gauteng High Court.
3. Honourable Mr Justice Francis Legodi, Judge of the North Gauteng High Court.

Mr Justice Seriti will chair the Commission, which is expected to complete its work within two years.

We wish Mr Justice Seriti and his team well in the execution of this important task.

Ladies and gentlemen,

Section 9 (1) read with section 8 (1) to (8) empowers the President to establish a Board of Inquiry into allegations of misconduct against the National Police Commissioner, and make findings and recommendations as contemplated in section 8(6)(b).

In August, I informed the National Commissioner, General Bheki Cele, of my intention to institute a Board of Inquiry to look into the allegations of misconduct, in relation to the procurement of office accommodation for the South African Police Service, as per the findings and recommendations of the Public Protector.

I have established the Board of Inquiry. The esteemed members are as follows;

• Ms Justice Yvonne Mokgoro (retired).
• Advocate Terry Motau (SC).
• Advocate Anthea Platt.

Ms Justice Mokgoro will chair the Board of Inquiry.

I have also decided to suspend the National Commissioner from duty with immediate effect, pending the outcome of the inquiry, in terms of section 8 (3) (a) read with Section 9 (1) of the South African Police Service Act.

He will, during the period of suspension, be entitled to his full salary, allowances, privileges and benefits, in terms of Section 8(3)(b) of the Act.

Major General Nhlanhla Mkhwanazi will act as National Commissioner until further notice.

Ladies and gentlemen,

I thank you.

The Constitutional Court Clerks’ Alumni Association invites you to attend a mini-series of lectures on current issues in international and constitutional law with Prof John Dugard and Prof Max Du Plessis. These talks, which are the next in the law talks series hosted by the Association, will be held on Thursday 27 October 2011 in Johannesburg and on Thursday 3 November 2011 in Cape Town.

On nationalisation

On 27 October 2011, Prof John Dugard and Prof Max Du Plessis will be in conversation with Tembeka Ngcukaitobi about The Nationalisation Debate – International and Constitutional Perspectives. As the ANC Youth League and others in South Africa mobilise for the nationalisation of mines and other key industries, questions remain about whether there are legal impediments to nationalisation becoming formal government policy in South Africa. Professors Dugard and Du Plessis critically assess the nature and extent of the “policy” proposals in light of a range of possible international and constitutional hurdles that face proponents of nationalisation.

This law talk will be hosted by DLA Cliffe Dekker Hofmeyr at its offices at 1 Protea Place Sandton at 17h30 for 18h00 on Thursday 27 October 2011. RSVP for this event to thelawtalks@concourt.org.za by Monday 24 October 2011.

On the ICC and the UN Security Council

On 3 November 2011, Prof John Dugard and Prof Max Du Plessis will be in conversation with Nicole Fritz on South Africa’s confused and confusing relationship with the International Criminal Court and the UN Security Council. South Africa started out as a vocal supporter of the International Criminal Court when the Court first opened its doors in 2002. Yet less than a decade later – and with the Court having issued arrest warrants for crimes committed by President al-Bashir of Sudan and Colonel Gadaffi (amongst others), and requests by NGOs in South Africa for arrest warrants to be issued for crimes by senior Israeli officials committed during Operation Cast Lead – South Africa’s current relationship with the Court is less than clear.

Matters have recently been complicated by the Security Council’s referral of the Libyan situation to the Court and Nato’s involvement in that country. Professors Dugard and Du Plessis critically discuss South Africa’s diplomacy in relation to these complex and unfolding international events.

This law talk will be hosted by ENS at its offices at 1 North Wharf Square Loop Street Foreshore Cape Town at 17h00 for 17h30 on Thursday 3 November 2011. The event is supported by the Institute for Security Studies and the Southern African Litigation Centre. RSVP for this event to thelawtalks@concourt.org.za by Monday 31 October 2011.

On the speakers

Prof John Dugard is one of the world’s leading scholars in the field of international law. He has served as a Judge ad hoc of the International Court of Justice and as a Special Rapporteur for both the United Nations Human Rights Council and the International Law Commission. His distinguished career has included professorships at many leading institutions, including formerly as Chair in Public International Law at Leiden University. He is currently Honorary Professor at the Centre for Human Rights, University of Pretoria. Prof Dugard has been awarded honorary doctorates of law by the University of Cape Town, University of Natal, University of Port Elizabeth, University of Pretoria and the University of the Witwatersrand.

Prof Max Du Plessis is an advocate at the Durban Bar, an Associate Professor at the Howard College School of Law University of Kwa-Zulu Natal and Senior Research Assistant at the International Crimes in Africa Programme – Singular Crime of the Institute for Security Studies. He is the author of many distinguished publications, including on issues of international criminal justice. He holds an LLM from Cambridge University.

Nicole Fritz is the Founder and Executive Director of the Southern African Litigation Centre. She completed her LLM at New York University as a Hauser Global Scholar. She served as a law clerk to Justice Richard Goldstone.

Tembeka Ngcukaitobi is an advocate at the Johannesburg Bar and the Director of the Constitutional Litigation Unit at the Legal Resources Centre. He holds an LLM from the London School of Economics. He served as a law clerk to former Chief Justice Arthur Chaskalson.

On the Constitutional Court Clerk Alumni Association

The Constitutional Court Clerks Alumni Association is a public non-profit organisation. Its members have served as law clerks to the justices of the Constitutional Court since the Court’s establishment in 1994. It has over two hundred members based locally and abroad, all of whom have a demonstrated interest in constitutional law and a commitment to the ethos of a democratic society based on the values of human dignity, equality and freedom. The members carry this commitment into their professional lives in and outside the legal profession. The Association provides a platform for engagement in dialogue that is enriching to its members and seeks to advocate an awareness of human rights and democracy in South Africa and abroad. In pursuit of these objectives, the Association has launched the law talks – a series of discussions about the law. These talks aim to engage its members and other interested people in topical legal issues and provide an opportunity to debate important matters facing law and constitutionalism in South Africa.

The law talks are open to interested members of the public Enquiries can be directed to Nadine Fourie at 083 235 6389

 Constitution Hill, 1 Hospital Street, Braamfontein, 2017

Private Bag X32, Braamfontein, Tel: (011) 838 – 2010, Fax: 086 649 0944

MEDIA ANNOUNCEMENT

RECOMMENDED CANDIDATES FOR THE IMPENDING VACANCIES IN THE ELECTORAL COMMISSION

The Panel chaired by the Chief Justice and comprising of the Chairperson of the South African Human Rights Commission, the Acting Chairperson of the Commission for Gender Equality and the Public Protector established in terms of section 6(3) of the Electoral Commission Act 51 of 1996, and mandated to recommend candidates to the Committee of the National Assembly for appointment by the President to the Electoral Commission met on 27 September 2011, at the InterContinental Hotel, Johannesburg to interview shortlisted candidates for the impending vacancies in Electoral Commission.

The Panel reconvened on 28 September 2011 and recommended the following candidates to the National Assembly:

1. Reverend Frank Chikane
2. Reverend Bongani Blessings Finca
3. Mr Paul Malcolm Graham
4. Father Smangaliso Mkhatshwa
5. Dr Sebiletso Mokone- Matabane
6. Mrs Phumelele Nzimande
7. Ms Raenette Taljaard
8. Ms Illona Tip
9. Advocate Pansy Tlakula
10. Mr Terry Ismael Tselane

Issued by Office of the Chief Justice

Since the inaugural People’s Summit for Quality Education in June, Equal Education has been active on many fronts. In mid-July, EE members staged a sleep-in outside Parliament where we reiterated our call that Minister of Basic Education Angie Motshekga adopt regulations providing for Minimum Norms and Standards for School Infrastructure.

We are also in the process of establishing the Equal Education Law Centre, which will provide specialised expertise in education law and policy. The EE Law Centre will open its doors in January 2012.

Most importantly, we are preparing for court action against the National and Provincial Departments of Education. We are joined in this action by the infrastructure crisis committees of two schools in the Eastern Cape (see http://www.equaleducation.org.za/node/606).

This week sees the start of the inaugural Open Book Festival in Cape Town (http://openbookfestival.co.za/). Equal Education has been partnering with Open Book. In part, this will help leverage support for our ‘1 School! 1 Library! 1 Librarian!” campaign among festival-goers. But beyond this, we are hoping that the Youth Programme – which we have co-organised – will generate excitement for reading in the communities and schools where EE works.

During the Open Book festival, we will be hosting a town hall meeting entitled ‘Free the Book: How to make South Africa a reading nation.’ Raising the issue of literacy during a literary festival is fitting and – in our view – imperative. A recent quantitative survey conducted by the South African Book Development Council found that 51% of South African households do not have a single book in their homes, that only 14% of South Africans are active readers and that only 5% of South Africans read to their children. 45% of people polled felt that books were too expensive.

The panellists, who will be leading the discussion, are: – Jay Naidoo (former Cosatu General Secretary and co-founder of the J&J Group) – Sindiwe Magona (author) – Mignon Hardie (Managing Trustee of the FunDza Literacy Trust and co-founder of Cover2Cover Books) – Ntuthuzo Ndzomo (Equal Education).

The discussion takes place on Thursday, 22 September, at 18h00 at Hiddingh Hall (Orange Street, Gardens). Attendance is free. Please see attached invitation and join us for the discussion.

Our team at the Bookery has also been collaborating with Open Book to establish a functioning library at Matthew Goniwe Memorial High School in Khayelitsha. This will be the 12th school library established through EE’s Bookery Project. The official opening takes place on Saturday, 24 September at 10h00. Thereafter, a group of young people will participate in the Open Book Youth Day, which will include a visit to the Harare Library in Khayelitsha (for readings by celebrated young authors Sifiso Mzobe and Cynthia Jele) and the Homecoming Centre in Cape Town. There the Human Rights Media Centre (HRMC) will take participants through a series of performances and activities designed to raise awareness about the importance of story-telling as well as some of the ethical dilemmas one face when telling someone else’s story.

Please contact us should you require any further information. We hope to see you Thursday evening!

Yours in Equal and Quality Education for all

Contact: Gina Fourie Equal Education Tel: +27 21 387 0022 Cell: +27 74 140 9884 Fax: +27 86 725 1652 www.equaleducation.org.za  http://twitter.com/equal_education  http://www.facebook.com/equal.education

Invitation to Claude Leon Human Rights Lecture

UCT Law Faculty invites you to the second annual Claude Leon Human Rights Lecture to be delivered by

Deputy Chief Justice Dikgang Moseneke

on 29 September 2011 at 17:30 in LT1 in the Kramer Law Building, Middle Campus, UCT, on the topic:

“Striking a balance between the will of the people and the supremacy of the constitution.”

Snacks and drinks will be served after the lecture. Please RSVP to Rene Francke at 021 6503072 or rene.francke@uct.ac.za

SPONSORED BY JUTA PUBLISHERS

DEMAND THE RIGHT TO KNOW!
STOP THE SECRECY BILL!
Right2Know March to Parliament, 10.30am – 1pm, Saturday 17 September

It’s been almost one year since R2K mounted its first march on Parliament in protest at the draconian Secrecy Bill! Through the efforts of our membership of civil society organisations, social movements and community groups, we have ensured that many of the draconian clauses have been removed or revised. But despite efforts to reform the Secrecy Bill in Parliament, the final draft that will appear before the National Assembly still metes out harsh prison sentences to whistleblowers, and poses a clear threat to the free flow of information.

On Saturday 17 September from 10.30am to 1pm, thousands of South Africans will join in a march to Parliament to reject the final draft of the ‘Secrecy Bill’.

Start time: 10.30AM (right after the rugby)
Where: Cnr of Tennant St and Kaizersgracht (outside CPUT campus)

COME DRESSED IN RED, BLACK and WHITE!

How can you get involved? 
1) Join the MARCH! RSVP on the Facebook event page: SPEAK OUT AGAINST SECRECY: MARCH TO PARLIAMENT!

2) Send this invitation to everyone you know!

3) Volunteer to be a MARSHAL on the day. Send an with your contact details and “Marshal” in the subject line to right2knowsa@gmail.com 

4) Make a DONATION to support the march! This can be done online on R2K’s Donors Page. 

For more information, and to organise transport for your community contact Nkwame Cedile: nkwame.cedile@gmail.com / 021 461 7211 or 078 227 6008

Issued by Right2Know Secretariat

LGEP CALLS ON LGBTI COMMUNITY TO ATTEND JUSTICE MOGOENG’S INTERVIEW BY THE JUDICIAL SERVICES COMMISSION

1.    A public commitment that he will not take part in the activities of any organisation that practices discrimination inconsistent with the Constitution; and

2.    A public commitment that he will uphold and protect the Constitution and the human rights entrenched in it including the rights of LGBTI persons to equality before the law, equal protection and benefit of the law and freedom from unfair discrimination – whether public and private – on the basis of sexual orientation.