President Ramaphosa's Cabinet Reshuffle Under Scrutiny: Calls for Minister Simelane's Removal
Freedom Under Law notes with concern the President’s latest cabinet reshuffle which has seen Minister Thembi Simelane move to the Human Settlements portfolio and Minister Mmamoloko Kubayi to Justice and Constitutional Development. The reshuffle is baffling given the serious allegations which remain regarding Ms Simelane’s probity. No matter the ministry she heads up, her credibility will be continue to...
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Freedom Under Law on decision to interdict Dr Hlophe from participating in the JSC
For interviews / comment and please quote: Chris Oxtoby, Freedom Under law – 084 245 1587

Freedom Under Law notes decision to interdict Dr Hlophe from participating in the Judicial Service Commission

Freedom Under Law notes the decision of the Western Cape High Court to interdict Dr John Hlophe from participating in the activities of the Judicial Service Commission (JSC), pending a final decision on challenges to the designation of Dr Hlophe as one of the representatives of the National Assembly (NA) on the JSC.
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Simelane has a constitutional duty to fully answer questions on VBS-linked ‘loan’
by Judith February

Minister of Justice and Constitutional Development Thembi Simelane is having an inauspicious start to her tenure. With the state of the judiciary becoming an increasing cause for concern and with the minister taking up her position on the Judicial Service Commission in early October, Simelane has a lot on her plate. Unfortunately, however, she has become mired in controversy.
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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.
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'Is the JSC fit for purpose?'
- Rhodes University Public Lecture by FUL Board Chair, Judge Azhar Cachalia (6 August 2024)

South Africa’s democracy is anchored by its Constitution and the rule of law. Judges are the guardians of both. They derive their authority from their competence and their integrity. Without either, they have none. Who and how judges are appointed is the focus of the lecture. The Judicial Service Commission (“JSC”) has two functions: ...
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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)...
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FUL STATEMENT ON THE PASSING OF JUSTICE LAURIE ACKERMANN
(13 January 1934 – 25 May 2024)

Justice Laurie Ackermann was born in Pretoria on 13 January 1934. Both his parents were Afrikaans – he was named after the Boer hero, Louw Wepener – one of his grandparents having as a child survived a concentration camp. Raised in a Pretoria professional family, he graduated from Stellenbosch and Oxford...
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FUL pays tribute to Justice Yvonne Mokgoro
19 October 1950 - 9 May 2024

Those appointed to South Africa’s first Constitutional Court in October 1994 faced huge challenges. Among them was the need to persuade the new Cabinet and Parliament to take them and their orders seriously, as the ultimate interpreter and guardian of the Constitution...
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Commissions, Corruption and State Capture
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)....
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Serving the Judiciary?
The South African Judicial Service Commission 2009-2022
Is the performance of the JSC up to scratch? FUL has examined the JSC’s roles in appointing and disciplining judges and produced this report. It has also submitted to the JSC a number of recommendations for the future. The report was launched virtually on 29 November 2022 — here is a video of the launch.
READ THE REPORT
South Africa’s Constitutional Court at 30
A solid foundation but cracks are showing

South Africa’s Constitutional Court stands out as one of the few government institutions that have protected and advanced the constitutional vision of a participatory democracy and social justice. Many other government institutions which ought to have allied themselves with the court have been weakened or have failed to deliver.
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Reflecting on the 6th Parliament
by Judith February

As part of the Parliamentary Monitoring Group review of the 6th Parliament, which can be found here: Click here

Commencing on 22 May 2019, South Africa’s sixth democratically elected Parliament (the Sixth Parliament) looked to represent a new dawn for the country, ushering in a period of parliamentary reform, accountability and efficacy in the wake of the institutional devastation wrought by years of rampant state capture.
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Headlines

Freedom Under Law on decision to interdict Dr Hlophe from participating in the JSC

Freedom Under Law notes decision to interdict Dr Hlophe from participating in the Judicial Service Commission Freedom Under Law notes the decision of the Western Cape High Court to interdict Dr John Hlophe from participating in the activities of the Judicial Service Commission (JSC), pending a final decision on challenges to the designation of Dr Hlophe as one of the representatives of the National Assembly (NA) on the JSC. The interdict was granted following applications by the Democratic Alliance (DA) and Corruption Watch (CW), in which interim and then final relief was sought. FUL brought a separate application seeking a final order to set aside

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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

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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

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Events

Strengthening the Rule of Law: Challenges and Opportunities for the NPA

Freedom Under Law & Stellenbosch University’s Department of Journalism invite you to a lecture by Shamila Batohi, the National Director of Public Prosecutions (NDPP)

1 November 2024
6 Spin street, Cape Town
17:30 for 18:00

RSVP by 5 November 2024:

– fthomas@freedomunderlaw.org.za
– Light refreshments will be served

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

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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

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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

Elize Angula

Elize Angula is a director of AngulaCo Incorporated based in Windhoek, Namibia. She is a seasoned litigator, conveyancer, mediator and

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Ezra Davids

Ezra Davids, an alumnus of the University of Cape Town (UCT) and Harvard Law School Executive Programme, is Chairman and

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Beatrice Mtetwa

Beatrice Mtetwa is a Zimbabwe-based lawyer who graduated from the then University of Botswana and Swaziland with an LLB degree

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Upcoming Events

Ongoing Cases

Concluded Cases

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

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Serving the Judiciary?

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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.