Headlines
JOINT STATEMENT: FREEDOM UNDER LAW, AHMED KATHRADA FOUNDATION, JUDGES MATTER AND DEFEND OUR DEMOCRACY CALL FOR CLARITY OVER ALLEGATIONS AGAINST MINISTER THEMBI SIMELANE
Freedom Under Law (FUL), The Ahmed Kathrada Foundation, Judges Matter and Defend Our Democracy note with concern media reports alleging that the Minister of Justice and Constitutional Development, Thembi Simelane, was connected to unlawful investments in VBS Mutual Bank during her tenure as mayor of Polokwane in 2016. According to the reports, during 2016 and while the Minister was serving as mayor of Polokwane, the Polokwane Municipality made two unlawful investments into the since-collapsed VBS mutual bank. It is said that these payments appear to be linked to kickbacks paid in exchange for the deposits into VBS by the municipality. It is further alleged that
FUL CHALLENGES DR HLOPHE’S APPOINTMENT TO THE JSC
Freedom Under Law (FUL) has instituted litigation in the Western Cape High court to challenge the designation by the National Assembly of Dr MJ Hlophe as a member of the Judicial Service Commission (JSC). On 9 July 2024, the National Assembly voted to designate Dr Hlophe as a member of the JSC, in terms of section 178(1)(h) of the Constitution. FUL, along with several other organisations, raised concerns about the prospect of someone who had been removed from judicial office serving as a member of the body constitutionally mandated to play a central role in the selection of judges, and as a member of the
FREEDOM UNDER LAW STATEMENT ON THE DESIGNATION OF DR MJ HLOPHE AS A MEMBER OF THE JUDICIAL SERVICE COMMISSION
Freedom Under Law (FUL) notes the National Assembly’s decision to designate Dr MJ Hlophe as one of the representatives of the National Assembly on the Judicial Service Commission (JSC). To have a situation where an individual who was found to have committed gross misconduct and was removed from judicial office, is now in a position to decide on the suitability of other candidates for judicial appointment is wholly inappropriate, irrational, and in our view, susceptible to legal challenge. It is also hard to reconcile the contradictory position of political parties which voted for Dr Hlophe to be removed from judicial office but now voted in
Commissions, Corruption and State Capture: Charting the Way Forward for South Africa
by Judith February and Sanan Mirzoyev (kindly supported by the Bradlow Foundation and published by SAIIA) South Africa’s fledgling democracy has seen its fair share of commissions over a period of nearly three decades. At the outset, they were used as an instrument in society’s attempts to come to grips with the realities and horrors of its apartheid past through the Truth and Reconciliation Commission (TRC). However, addressing apartheid’s legacy of unparalleled social and political exclusion and marginalisation has proven to be a far more arduous and perilous journey. The historical legacy of racialised marginalisation and exclusion has been compounded by inappropriate policy, poor governance,
FREEDOM UNDER LAW V JSC AND OTHERS
FREEDOM UNDER LAW FILES COURT PAPERS TO CHALLENGE JSC APPOINTMENT DECISIONS Freedom Under Law (FUL) has filed papers in the Gauteng Division of the High Court, Pretoria, challenging the JSC’s decisions in filling vacancies on the Supreme Court of Appeal at its sitting in October 2023. The JSC recommended the appointment of only two candidates for four vacancies, leaving the remaining two vacancies open. The legal challenge comprises two parts. In part A, FUL asks that the JSC be ordered to determine whether the remaining candidates are fit for appointment, and if so to fill the two remaining vacancies on the SCA. FUL is asking
Events
Timelines
Timeline of Judge Hlophe’s Removal
DOWNLOAD THE PDF VERSION NOVEMBER 2004 Oasis Crescent Property Fund sues Judge Desai for alleged defamation. It comes to light that Judge Hlophe had been receiving regular monthly payments from Oasis at the time that he authorised the defamation action. Judge Hlophe initially denies receiving the payments before changing tack and insisting that they were reimbursements for ‘travelling expenses’. Either way, the payments fell foul of Judge Hlophe’s statutory and ethical duties not to receive such payments without the prior approval of the Minister of Justice. FEBRUARY 2005 Judge Hlophe submits a report on alleged racist practices within the Western Cape legal community, directly to
Timeline of Judge Motata’s Removal
DOWNLOAD THE PDF VERSION JANUARY 2007 Judge Motata drives into a residential wall whilst intoxicated and is subsequently involved in a verbal confrontation with the property owner. Judge Motata uses racial slurs, profanities and language of a derogatory nature, all of which is recorded by the owner. The Catholic Commission for Justice and Peace files a complaint against Judge Motata alleging that his conduct brought disgrace upon him and the judiciary and undermined public respect. JULY 2008 Afriforum lodges complaint against Judge Motata alleging that he has committed gross racist misconduct and should therefore be impeached in terms of section 177 of the Constitution. SEPTEMBER
Promoting Democracy Under Law
• Advancing understanding of and respect for the Rule of Law • Litigating in relation to institutional conduct in conflict with the Rule of Law • Strengthening the independence of the judiciary • Supporting the legal profession in serving the courts • Enhancing understanding between legal role-players, the media and society at large • Furthering legal education appropriate to the needs of constitutional democracy • Protecting freedom of speech and freedom of the media concerning the administration of justice.
Our mission
FUL’s objectives are the promotion of democracy and the advancement of the Rule of Law and the principle of legality, understanding these to be the foundation for constitutional democracy in South Africa.
How we work
Litigation before the courts
Primarily, FUL uses litigation before the courts as its defining method of promoting and defending the Rule of Law and democracy in South Africa. The composition of its board affords it particular expertise and experience in this area.
Non-profit company
FUL is registered as a non-profit company and a public benefit organisation.
FREEDOM UNDER LAW NPC
REG.
NO. 2008 000 384 08
PUBLIC BENEFIT ORGANISATION
REF.
NO. 930031764
Address threats to the Rule of Law
Recognising the importance of the criminal justice system to the Rule of Law and the realisation of any number of rights, FUL has since its inception sought to make this a particular focus area, although it directs its efforts wherever it believes it may effectively address threats to the Rule of Law.
Trial observation
However, litigation is not the only distinguishing feature of Freedom Under Law's approach. FUL also undertakes trial observation across the region and seeks to coordinate informed debate of topical regional legal issues.
Board of Directors
Judge Azhar Cachalia: Chair
Recently retired as a judge of South Africa’s Supreme Court of Appeal, Azhar Cachalia remains committed to safeguarding constitutionalism, non-racialism
Elize Angula
Elize Angula is a director of AngulaCo Incorporated based in Windhoek, Namibia. She is a seasoned litigator, conveyancer, mediator and
Professor Hugh Corder
Hugh Corder is a law graduate of Cape Town, Cambridge and Oxford. After starting his academic career lecturing at Stellenbosch
Ezra Davids
Ezra Davids, an alumnus of the University of Cape Town (UCT) and Harvard Law School Executive Programme, is Chairman and
Jeremy Gauntlett SC KC
Former chair of the Cape Bar and of the General Council of the Bar of South Africa, and vice-president of
Abdool Rahim Khan
Abdool Rahim Khan was admitted as an attorney in South Africa in May 1977 and in Botswana in June 1981.
Beatrice Mtetwa
Beatrice Mtetwa is a Zimbabwe-based lawyer who graduated from the then University of Botswana and Swaziland with an LLB degree
Upcoming Events
RHODES UNIVERSITY PUBLIC LECTURE: Is the Judicial Service Commission “fit for purpose?” A Reflection over 15 years.
View Online The Judicial Service Commission (“JSC”) has two functions: It appoints judges and investigates complaints against them for misconduct. The JSC must protect the
The Role of the Judiciary, the Media and Parliament in Slapping Back.
Inaugural lecture hosted by Freedom Under Law and the University of Stellenbosch Department of Journalism. Join us for this inaugural lecture emphasising the importance of
Ongoing Cases
Freedom Under Law V Motata
SCA judgment -22 June
On 22 June, the Supreme Court of Appeal handed down judgment in Freedom Under Law v JSC.
Judge President Hlophe Matter
Gross misconduct, Judge President John Hlophe, Wester Cape High Court After a period of thirteen years since the then judges of the Constitutional Court directed a complaint
FUL’s Intervention in the Social Grants Crisis
The matter concerns the operation of a contract for the payment of social grants. A third of the country’s citizens are recipients of these grants.
Freedom Under Law v Motata
(33227/2020) [2021] ZAGPPHC 14 PDF Format IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER
Concluded Cases
Chief Justice Sandile Ncgobo
Confused by the judicial crisis gripping South Africa? Not quite sure why Chief Justice Sandile Ngcobo is stepping down? Here are the answers you’ve been
FUL Supports Opening of Candidate Registration for Local Elections
Constitutional Court, Electoral Commission, Local Government Elections The Constitutional Court has recently been petitioned to make orders relating to the upcoming municipal elections. The latest application by
FUL’s Intervention in Application to Postpone Local Elections
Constitutional Court, Electoral Commission, Local Government Elections The Constitutional Court recently heard argument from a number of parties in a vigorously contested constitutional case. The Electoral Commission
Richard Mdluli
In September 2020, Richard Mdluli, former head of Crime Intelligence in the SAPS, was sentenced in the High Court, Johannesburg to an effective five years
Review of the Appointment of General Mthandazo Ntlemeza as Head of the Hawks
FUL together with the Helen Suzman Foundation brought an application to set aside the appointment of General Ntlemeza as the new head of the Hawks.
Review of Withdrawal of Charges against Former NDPP Nomgcobo Jiba
Following the appointment of Shaun Abrahams to the post of NDPP, Abrahams announced his withdrawal of perjury and fraud charges against Nomgcobo Jiba, a fomer
Service Providers
Freedom Under Law expresses its gratitude for the fully pro bono or subsidised professional expertise and time of these agencies. We would not be able to function without this invaluable support.
