Quote of the week

The Minister of Police has not been able to show that no discrimination exists. First, the analytical evidence of Redpath and the data presented shows that police stations that serve poor, Black areas have the lowest police to population ratios, relatively speaking, as compared to wealthier, rich areas which are predominantly White. This is not an adoption of a technical numbers game. Context shows that the poor, Black areas also have the highest rates of contact and violent crime. Whilst, one cannot ignore other crimes, such as theft which appear to occur in greater numbers in commercial areas such as the CBD, it cannot be disputed that contact crime is more prevalent in poor and Black areas.

Dolamo J
Social Justice Coalition and Others v Minister of Police and Others (EC03/2016) [2018] ZAWCHC 181
24 April 2007

African Court still not up and running

The African Court of Human and Peoples’ Rights is far from being a reality, Transvaal Judge President Bernard Ngoepe said on Tuesday. According to iafrica website the Court will only be up and running towards the end of the year:

“The court only exists on paper,” said Ngoepe, who is one of the 11 judges from all over Africa sworn in July last year to serve on the court. “There are no premises, no staff, nothing. We had to start from scratch with the budget, which is time consuming,” he said at an Institute of Security Studies seminar in Pretoria.

The interesting question is what is going to happen once the Court starts hearing cases and begins to enforce the African Charter on Human and Peoples’ Rights. What happens if that court, for example, hears a case from Doctors for Life about South Africa’s abortion law or the same-sex marriage law?

In the same-sex marriage case the Court said that it would be a perversion of justice if International law is used to limit the rights of South Africans, so this should mean the African Court should not be able to take away existing rights. But a decision of that court could give political impetus to reactionary forces in South Africa and could reopened discussions about controversial matters.

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