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Corruption Watch V President
''Corruption Watch NPC and Others v President of the Republic of South Africa and Others; Nxasana v Corruption Watch NPC and Others'' is a 2018 decision of the Constitutional Court of South Africa on prosecutorial independence. In a judgment written by Justice Mbuyiseli Madlanga, the court affirmed unanimously that section 179(4) of the Constitution provided for the independence of the National Prosecuting Authority. It therefore held that sections of the National Prosecuting Authority Act, 1998 were unconstitutional insofar as they granted the President discretion over certain aspects of senior prosecutors' terms of employment, thereby compromising prosecutorial independence. The matter arose from a public scandal surrounding the 2015 departure of Mxolisi Nxasana from the office of the National Director of Public Prosecutions in exchange for a substantial golden handshake. The court was also called to adjudicate the constitutionality of the underlying settlement agreemen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa
The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. The Constitutional Court consists of eleven judges who are appointed by the President of South Af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Constitutional Litigation
In law, South African constitutional litigation is the area dealing with the rules and principles concerning constitutional matters in the country of South Africa. It includes the jurisdiction of the Constitutional Court of South Africa, the High Court of South Africa, the Supreme Court of Appeal of South Africa, and certain other specialist courts. It also includes the consideration of rules peculiar to these courts that are relevant to constitutional litigation, such as the admission of an ''amicus curiae'', the duty to raise a constitutional matter as early as possible in proceedings, and the duty to join the relevant organ of state in a case involving a constitutional issue. Litigating fundamental rights The South African Bill of Rights is "the principal source of substantive constraints on public power in the Constitution." The Bill of Rights instructs the state to use the power that the Constitution of South Africa gives it in ways that do not violate fundamental rights. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council For The Advancement Of The South African Constitution
The Council for the Advancement of the South African Constitution (CASAC) is a South African civil society organisation that aims to promote progressive constitutionalism and the advancement of constitutional democracy. Founded in September 2010, it engages in strategic public interest litigation, research, and public advocacy. Foundation CASAC was launched during an event at Liliesleaf Farm in Rivonia on 16 September 2010. According to its founders, the idea for the organisation was born at a dinner between Kader Asmal, Geoff Budlender, Mamphela Ramphele, and Richard Calland in Cape Town in 2009, and the organisation incubated at Calland's Democratic Governance and Rights Unit, based at the University of Cape Town, until its official launch. CASAC's founding advisory council comprised 33 lawyers, activists, and academics, including Budlender, Calland, Cathi Albertyn, Pierre de Vos, Adam Habib, Frene Ginwala, Mazibuko Jara, Tshepo Madlingozi, Lawson Naidoo, Tembeka Ngc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pretoria High Court
The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng. Dunstan Mlambo has been the Judge President of the division since 1 November 2012. History A High Court was established for the South African Republic (the Transvaal Republic) in 1877, while the Witwatersrand gold fields were visited by a circuit court subordinate to the High Court. Both courts ceased to exist as a result of the British victory in the Second Anglo-Boer War. In 1902, two superior courts were established for the new Transvaal Colony: the Supreme Court of the Transvaal in Pretoria, and subordinate to it the High Court of Witwatersrand in Johannesburg. On the creation of the Union of South Africa these courts became the Transva ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corruption Watch (South Africa)
Corruption Watch is a South African anti-corruption non-profit organisation that sets out to monitor and expose acts of corruption that involve public resources and donated charitable resources in South Africa. The various focus areas in which the organisation monitors and exposes corruption include corruption in the education sector, police corruption, leadership appointments (mainly in institutions that support democracy), corruption in the mining applications processes and its effects of communities, corruption in land ownership and tenure, beneficial ownership transparency, and public procurement. Whistleblowers are an essential source for the organisation as their whole operational mode is built upon reports received from whistleblowers. Corruption Watch is the official South African chapter of Transparency International. (It is unrelated to the UK company Corruption Watch Ltd.) History Corruption Watch (SA) was launched in January 2012 at the initiative of trade union f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Rand
The South African rand, or simply the rand, (currency sign, sign: R; ISO 4217, code: ZAR) is the official currency of South Africa. It is subdivided into 100 Cent (currency), cents (sign: "c"), and a comma separates the rand and cents. The South African rand is legal tender in the Common Monetary Area member states of Namibia, Lesotho, and Eswatini, with these three countries also having national currencies: (the Namibian dollar, dollar, the Lesotho loti, loti and the Swazi lilangeni, lilangeni respectively) pegged with the rand at parity and still widely accepted as substitutes. The rand was also legal tender in Botswana until 1976 when the Botswana pula, pula replaced the rand at par. The rand is legal tender in Zimbabwe as part of its multiple currency system, which also includes other currencies such as the euro, the pound sterling, the US dollar, and the Zimbabwean ZiG. Etymology The rand takes its name from the Witwatersrand ("white waters' ridge" in English, being t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Golden Handshake
A golden handshake is a clause in an executive employment contract that provides the executive with a significant severance package in the case that the executive loses their job through firing, restructuring, or even scheduled retirement. This can be in the form of cash, equity, and other benefits, and is often accompanied by an accelerated vesting of stock options. According to Investopedia, a golden handshake is similar to, but more generous than a golden parachute because it not only provides monetary compensation and/or stock options at the termination of employment, but also includes the same severance packages executives would get at retirement. The term originated in Britain in the mid-1960s. It was coined by the city editor of the ''Daily Express'', Frederick Ellis. It later gained currency in New Zealand in the late 1990s over the controversial departures of various state sector executives. "Golden handshakes" are typically offered only to high-ranking executive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister Of Justice And Correctional Services
The minister of justice and constitutional development is the justice minister in the Cabinet of South Africa. The minister is the political head of the Department of Justice and Constitutional Development and the Office of the Chief Justice. DoJCD in turn is responsible for administrative support to the courts, oversight of the National Prosecuting Authority, the provision of legal services to departments of state, and law reform. The minister was called the minister of justice until 1999, when constitutional matters were added to his portfolio. Between May 2014 and June 2024, the Department of Correctional Services was subsumed under the ministry, which was led by the minister of justice and correctional services. This merger was reversed at the outset of President Cyril Ramaphosa's third cabinet, when a separate minister of correctional services was appointed. History In the 20th century, the South African justice minister was called the minister of justice. His purvie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jacob Zuma
Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan names Nxamalala and Msholozi. Zuma was a former anti-apartheid activist, member of uMkhonto weSizwe, and president of the African National Congress (ANC) from 2007 to 2017. He is also the father-in-law of Eswatini king, Mswati III, as of 2024.Zuma’s daughter marrying polygamous king ‘for love’ ''BBC'', 4 September 2024. Retrieved 4 April 2025 Zuma was born in the rural region of Nkandla, KwaZulu-Natal, Nkandla, which is now part of the KwaZulu-Natal province and the centre of Zuma's support base. He joined the ANC at the age of 17 in 1959 and spent ten years in Maximum Security Prison, Robb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. To put this model into practice, government is divided into structurally independent branches to perform various functions (most often a legislature, a judiciary and an administration, sometimes known as the ). When each function is allocated strictly to one branch, a government is described as having a high degree of separation; whereas, when one person or branch plays a significant part in the exercise of more than one function, this represents a fusion of powers. History Antiquity Polybius (''Histories'', Book 6, 11–13) described the Roman Republic as a mixed government ruled by the Roman Senate, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chris Jafta
Christopher Nyaole Jafta (born 1959) is a retired South African judge who served in the Constitutional Court of South Africa from October 2009 to October 2021. Formerly an academic and practising advocate in the Transkei, he joined the bench in November 1999 as a judge of the Transkei Division. Thereafter he served in the Supreme Court of Appeal from November 2004 to October 2009. Jafta was born in the present-day Matatiele, Eastern Cape, and began his legal career as a civil servant in the Transkei bantustan from 1983 to 1988, including as a magistrate from 1986 to 1988. Between 1988 and 1992, he taught commercial law and South African constitutional law, constitutional law at the University of Transkei, his alma mater, and thereafter he practised as an advocate in Mthatha until he joined the High Court of South Africa, High Court bench in 1999. He rose rapidly through the judicial ranks and was elevated to the Constitutional Court in 2009 on the appointment of President Jac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
