Quote of the week
Universal adult suffrage on a common voters roll is one of the foundational values of our entire constitutional order. The achievement of the franchise has historically been important both for the acquisition of the rights of full and effective citizenship by all South Africans regardless of race, and for the accomplishment of an all-embracing nationhood. The universality of the franchise is important not only for nationhood and democracy. The vote of each and every citizen is a badge of dignity and of personhood. Quite literally, it says that everybody counts. In a country of great disparities of wealth and power it declares that whoever we are, whether rich or poor, exalted or disgraced, we all belong to the same democratic South African nation; that our destinies are intertwined in a single interactive polity.
August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3
Casac statement on Menzi Simelane ruling of SCA
01 December 2011
CASAC notes that the SCA has affirmed the constitutional duty on the President to appoint a fit and proper person to the office of the National Director of Public Prosecutions (NDPP). The Ginwala Enquiry made adverse comments about the character of Adv Simelane, which the President should have taken into account in considering Adv Simelane’s fitness for office.
The National Prosecuting Authority is a critical organ of state and its integrity and independence should be beyond reproach to ensure public confidence in its ability to act without fear, favour or prejudice.
We trust that the President will now initiate a process that will lead to the appointment of suitable person as the head of the National Prosecuting Authority to restore confidence in this section of the justice system. The judgment of the SCA confirms that the President must exercise his discretion in line with his constitutional obligations.
Ends
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