Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
I just received the following message from the Treatment Action Campaign:
The Treatment Action Campaign congratulates Justice Edwin Cameron on his appointment to the Constitutional Court.
Justice Edwin Cameron has been appointed to the Constitutional Court of South Africa by President Kgalema Mothlanthe. Edwin Cameron has been described as the best legal mind of his generation. His career as an anti-apartheid lawyer opposed forced removals, military conscription, unfair labour practices and censorship. Cameron was one of the first judges appointed by President Nelson Mandela and has built a substantive jurisprudence on equality, rights to social security, freedom of expression and the rights of rape survivors.
Justice Edwin Cameron is a gay man who lives openly with HIV/AIDS. His appointment to the highest court in our country is an affirmation of the Bill of Rights, the rule of law and non-racialism.
Justice Cameron replaces Justice Tholekile Madala whose term ended this year and has retired.
A good appointment. Four appointments to go. Thabo Mbeki must not be happy because Justice Cameron has been one of the first to speak out forcefully and bravely against his views on HIV/AIDS. And our first opennly gay man on the highest court. What a nice Christmas present.BACK TO TOP