Thursday 29 October

Good governance and accountability

JSC interview raises concerns about judicial appointment process

SECTION27, Sonke, the Equality Project and TAC feel compelled to make public our views on how those who participated in the process were unfairly attacked, how Justice Mogoeng’s responses did little to address our concerns and how the JSC failed to discharge its constitutional mandate. We do so primarily because of our commitment to ensuring that future interviews for judicial appointment – to all superior courts – are conducted in an open and accountable process. While important, live broadcasting alone cannot guarantee that this happens.

The full press release is available at https://section27.org.za_old/wp-content/uploads/2011/09/Joint_press_release_on_MM_-_201109061.pdf

By Section27, ago

Judgment expected soon in Constitutional Court case concerning legality of extension of Chief Justice’s term of office

On 18 July 2011, the Constitutional Court heard argument in the matter concerning the President’s recent extension of the Chief Justice’s term of office (set to expire at midnight on 14 August 2011). As set out in our last newsletter, SECTION27 acted on behalf of the National Association of Democratic Lawyers (NADEL), which was admitted as amicus curiae (“friend of the court”).

By Section27, ago

The Protection of Information Bill is unconstitutional and anti-democratic

Joint SECTION27/TAC statement

Transparent governance, free expression and a free press are essential components of democracy. They are the means by which all people in South Africa, especially the vulnerable and poor, can hold our government to account. Our effectiveness at getting the state to implement HIV treatment and prevention programmes has been dependent on the Constitution being upheld, especially the Bill of Rights.

By Section27, ago

Local government must be fixed for services to be delivered

In the last week there has been much controversy regarding a report on municipal audit outcomes, with particular focus having been placed on allegations in the press that the report was returned to the National Treasury for it to be “repackaged” and not released in the run-up to the local government elections on 18 May 2011. This has been strongly denied by government. Whatever the truth, SECTION27 takes the view that this largely distracting sideshow has masked the real underlying issues.

By Section27, ago

Submission on the draft National Health Amendment Bill, 2011

SECTION27 made a submission to the Department of Health on 22 April 2011 on the draft National Health Amendment Bill, 2011 (“the draft Bill”). In so doing, it recognised the publication of the draft Bill as the first legislative step towards the establishment of a single, accountable and structurally and operationally independent Office of Health Standards Compliance (“Office”) with jurisdiction over the private sector and the public sector at all spheres of government. Importantly, however, SECTION27’s submission came to the conclusion that the proposed Office, as contemplated by the draft Bill, does not have an adequate level of structural and operational autonomy. SECTION27 is of the view that the proposed mandate of the Office cannot be discharged effectively unless it has an adequate level of structural and operational autonomy.

By Section27, ago

SECTION27’s written submission to Parliament on the State Liability Amendment Bill [B 2–2001]

SECTION27 recently made a written submission to Parliament on the State Liability Amendment Bill [B 2–2001]. In short, SECTION27 supports how the Bill seeks to regulate the manner in which a final court order sounding in money against the state must be satisfied – it sees the Bill as being squarely in line with the decisions of the Constitutional Court in Nyathi v MEC for Department of Health, Gauteng and Another [2008] ZACC 8 (“Nyathi 1”) and Minister for Justice and Constitutional Development v Nyathi [2009] ZACC 29 (“Nyathi 2”) dealing with the unconstitutionality of section 3 of the State Liability Act 20 of 1957 and how it is to be remedied.

By Section27, ago

Open letter calling for the immediate release of human rights and AIDS activist Tian Xi

RELEASE CHINESE AIDS AND HUMAN RIGHTS ACTIVIST TIAN XI
We the undersigned international AIDS and human rights organizations are deeply concerned by the sentencing of young Chinese HIV/AIDS activist Tian Xi to one year in prison in China. Tian Xi is a courageous advocate for the thousands of people infected with HIV through China’s blood disaster, who now demand government accountability. We call for Tian Xi’s immediate release and for a national compensation plan for the thousands of victims of the blood disaster.

By Section27, ago

Judgment reaffirms rights of people with HIV to non-discrimination in employment

SECTION27 welcomes the judgment handed down by Judge Bhoola today in the Labour Court in the case of Gary Shane Allpass v Mooikloof Estates (Pty) Ltd.

The case concerns the unfair dismissal in 2008 of a horse riding instructor on the grounds of his HIV status. The ruling follows the institution of legal proceedings on behalf of Mr Allpass by Webber Wentzel Attorneys, with the assistance of SECTION27. In her judgment, Judge Bhoola noted that “this court is indebted to the AIDS Law Project for its assistance.” SECTION27 incorporates the AIDS Law Project.

By Section27, ago
WDA