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 statement on Secrecy Bill
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
