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.

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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.

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Submission on the Draft Regulations to the Social Assistance Act, 2011

On 14 February 2011, SECTION27 made a written submission on the Department of Social Development’s Draft Regulations under the Social Assistance Act, 2004 (“Draft Regulations”). The Draft Regulations deal with the appeal procedure for aggrieved applicants for social assistance, first to the South African Social Security Agency (“SASSA”) and then to the Independent Tribunal for Appeals (“Tribunal”).
SECTION27 recommended certain procedural and substantive changes to the Draft Regulations that are important for the realisation of the right to social assistance guaranteed by section 27 of the Constitution.

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Malawian court's cruel sentence

Leading activist organisations have condemned the cruel sentence by a Malawian magistrate imposed on Steven Monjeza and Tiwonge Chimbalanga, two men (one of whom is transgender and identifies as a woman) because they held a public engangement. They have been sentenced to 14 years in hard labour.

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SECTION27 protests against conviction of Steven Monjeza and Tiwonge Chimbalanga

SECTION27 protests against conviction of Steven Monjeza and Tiwonge Chimbalanga

We condemn in the strongest terms the 14 years of hard labour sentence handed down by a court in Blantyre to Steven Monjeza and Tiwonge Chimbalanga for committing so-called “unnatural acts”. Steven and Tiwonge were arrested in December 2009 after celebrating their engagement and have been in jail ever since.

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Draft National Health Amendment Bill

The National Health Amendment Bill (the Bill) was simultaneously published with the Medicines Amendment Bill on 18 April 2008. Both Bills are some of the most important pieces of health legislation to be proposed in recent years. The Medicines Amendment Bill is the subject of a separate submission that accompanies this one.

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Draft Medicines and Related Substances Amendment Bill

The Treatment Action Campaign (TAC) and the AIDS Law Project (ALP) recognise the need for, and strongly support, legislative reform to ensure that the Medicines Control Council (MCC) is able effectively and efficiently to regulate medicines and other health products. This, we are told, is the ostensible purpose of the draft Medicines and Related Substances Amendment Bill, 2008 (“the draft Bill”).

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Medicines and Related Substances Amendment Bill, 2008

The Treatment Action Campaign (TAC) and the AIDS Law Project (ALP) recognise the need for, and strongly support, legislative reform to ensure that the Medicines Control Council (MCC) is able effectively and efficiently to regulate medicines and other health products. This, we are told, is the ostensible purpose of the draft Medicines and Related Substances Amendment Bill, 2008 (“the draft Bill”)1.

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National Health Amendment Bill, 2008

The National Health Amendment Bill (the Bill) was simultaneously published with the Medicines Amendment Bill on 18 April 2008. Both Bills are some of the most important pieces of health legislation to be proposed in recent years. The Medicines Amendment Bill is the subject of a separate submission that accompanies this one.

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Panel for the Independent Assessment of Parliament, 2007

The Treatment Action Campaign (TAC) and the AIDS Law Project (ALP) welcome this opportunity to make a submission to the Panel for the Independent Assessment of Parliament. The TAC and ALP are civil society organizations dedicated to upholding the rights of people to have access to health care services, to ensuring that the state discharges its positive constitutional obligations in respect of that right, and to ensuring a comprehensive response to HIV/AIDS both domestically and internationally.

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Regulations Relating to the Labelling and Advertising of Foodstuffs, 2007

The AIDS Law Project (ALP) and the Treatment Action Campaign (TAC) focus much of their work on ensuring that full and meaningful effect is given to the Bill of Rights recognition that “[e]veryone has the right to have access to … health care services” and that the “state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realization” of this right.

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KZN Health Bill, 2007

The ALP made a submission to the KZN Health Department regarding draft of the Kwazulu-Natal Health Care Bill, 2007. In our view, the KZN Bill has the potential to complement the broad legislative framework provided by the National Health Act, 2003. In particular, it has the potential to provide much of the needed detail in respect of which the Act expressly authorises the provinces to legislate, thereby enabling provincial and local government authorities to render health care services in accordance with the needs of the people of KZN.

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