Freedom Under Law views with great concern the reported appointment as an acting judge in the Northern Cape of Adv Mpshe, a legal practitioner in permanent State employ. The appointment of a civil servant as a temporary judge fundamentally disregards the division of powers entrenched in South Africa’s Constitution, and is in conflict with the …
FUL deplores appointment of civil servant as acting judge Read More »
The Judicial Service Commission (JSC) to oppose Freedom Under Law\’s court challenge to its dismissal of the dispute between Constitutional Court judges and Western Cape Judge President John Hlophe. The Judicial Service Commission (JSC) has announced that it will oppose Freedom Under Law\’s court challenge to its dismissal of the dispute between Constitutional Court judges …
On Wednesday 14 October 2009 Freedom Under Law launched an application in the Pretoria High Court to review and set aside four decisions by the Judicial Service Commission (“the JSC”). The decisions concern allegations made against fourteen of the most senior judges in the Republic of South Africa, namely the Judge President of the Western …
FUL launches application to review JSC decisions Read More »
On Monday 28 September 2009 the Supreme Court of Zimbabwe, sitting as a Constitutional Court, delivered its ruling in favour of human rights activist Jestina Mukoko. After her abduction, detention and torture by persons admitted by Minister Mutasa and Attorney-General Tomana to be ‘State agents’ whom they refused to identify, Ms Mukoko was charged earlier …
Zimbabwe Supreme Court rules in favour of Jestina Mukoko Read More »
The Application to set aside the decision of the Judicial Service Commission is being brought by Freedom Under Law, a regional organisation that seeks to promote and protect the Rule of Law in Southern Africa. The decision to bring the Application was taken unanimously by six of the ten directors of FUL; three board members, …
FUL responds to the two statements issued by Mr Ramaphosa’s office on 5 September 2009 Read More »
Acting Judge Kgomotso Moroka Resignation_0409 Judge_Johann_Kriegler_Letter_0409
Judge Johann Kriegler (speaking in his personal capacity) delivered an address on judicial independence and transformation to the Wits Law School. He cautioned against sacrificing judicial independence on the altar of transformation, and noted that tension between the judiciary and the executive or legislature was inherent in a system of separation of powers. He stressed …
Judge Johann Kriegler addresses the Wits Law School Read More »
On 12 August 2009 board member Kgomotso Moroka SC represented FUL in the Constitutional Court at the hearing of proceedings regarding the extension of the operation of the constitutionally invalid (South African) State Liability Act. FUL’s position is that the application to extend the Act’s operation should be dismissed. http://www.saflii.org/za/cases/ZACC/2009/29.html
The North Gauteng High Court granted an interim interdict in favour of Mr Pikoli. FUL intervened as an amicus in the matter. The decision is widely considered as a victory for the rule of law, the independence of the judiciary and the autonomy of the prosecuting authority. The application for the main relief is expected …
High Court grants interim relief in Pikoli v President of the Republic of South Africa Read More »
FUL participated as amicus curiae in interim proceedings before the North Gauteng High Court between the former National Director of Public Prosecutions, Vusumzi Patrick Pikoli, and the President of the Republic of South Africa. Mr Pikoli launched an urgent application for an interim interdict to restrain the President from making a permanent appointment of a …
FUL intervenes in Pikoli v President of the Republic of South Africa Read More »
