Quote of the week

Excluding refugees from the right to work as private security providers simply because they are refugees will inevitably foster a climate of xenophobia which will be harmful to refugees and inconsistent with the overall vision of our Constitution. As a group that is by definition vulnerable, the impact of discrimination of this sort can be damaging in a significant way. In reaching this conclusion it is important to bear in mind that it is not only the social stigma which may result from such discrimination, but also the material impact that it may have on refugees.

Mokgoro J and O’Regan J (dissenting)
Union of Refugee Women and Others v Director, Private Security Industry Regulatory Authority and Others (CCT 39/06) [2006] ZACC 23
2 December 2011

Casac statement on Menzi Simelane ruling of SCA

Press Release

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

Enquiries:

Lawson Naidoo – 073 158 5736

Masutane Modjadji – 076 937 0825

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