Quote of the week
Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18
CASAC media statement on death of Andries Tatane
MEDIA STATEMENT BY CASAC
18 April 2011
The Council for the Advancement of the South African Constitution (CASAC) welcomes the decision taken by the Independent Complaints Directorate (ICD) to lay charges against six of the police officers allegedly responsible for the assault and murder of Andries Tatane. We are pleased that swift action has been taken to bring to justice those whose actions outraged the nation.
We are eager to ensure that in addition to the rights of the family of the deceased being protected, the constitutional rights of freedom of association, of assembly and freedom of expression are also duly respected.
CASAC has been in contact with the family of Andries Tatane, and has offered to provide legal support including a watching brief over the criminal prosecution of the six police officers, as well as exploring other legal remedies that the family may wish to pursue. A representative of CASAC is scheduled to meet with Lefu Tatane, brother, of Andries, in Ficksburg tomorrow (Tuesday 19 April). The SA Human Rights Commission and CASAC will co-operate in ay civil claim that the family may elect to launch.
A formal complaint regarding the excessive and unjustified use of force that led to the killing of Andries Tatane has also been lodged with the Human Rights Commission by CASAC. We have specifically requested an investigation into:
- 1. whether the use of force contributed directly or indirectly to the death;
- 2. whether such use of force as may be found was justified in the circumstances;
- 3. whether the members of the SAPS involved in the incident should be held accountable for their actions;
- 4. whether the SAPS has taken appropriate action to deal with this incident;
- 5. whether any breach of the Constitution or any statute occurred in this matter; and
- 6. to recommend appropriate action in the event of any breaches of the law.
The Chairman of CASAC, Sipho M Pityana, has also sent an open letter to the Minister of Police, Nathi Mthethwa, calling on the government to review its approach to the policing of citizen protests. The letter further requests the Minister to urgently make a statement to Parliament setting out the action he proposes to take to ensure public confidence in the police, and to instruct the National Commissioner of Police to seek an engagement with the Portfolio Committee on Police regarding the issue of public order policing. The full text of the open letter is available at www.casac.org.za.
Enquiries:
Lawson Naidoo
Executive Secretary
CASAC
Cell: 073 158 5736
