Litigation

Helen Suzman Foundation goes to Court over SAPS Amendment Act

PRESS RELEASE - 23 November 2012 The Helen Suzman Foundation has filed papers with the Constitutional Court to oppose the South African Police Service Amendment (SAPS) Act. The Foundation made its written submission to the Parliamentary Portfolio Committee for the Police on the SAPS Amendment Bill which was aimed at restructuring the Hawks. The HSF has been involved in this process since 2008 when we presented to Parliament opposing the dissolution of the Scorpions.

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Glenister Case

Details on the Glenister case where the Helen Suzman Foundation was amicus curiae. You can also download our Heads of Arguments and the Constitutional Court Judgment.

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Helen Suzman Foundation takes Judicial Service Commission to Court

Details of the HSF's court proceedings against the JSC

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SAPS Amendment Case

The Helen Suzman Foundation notes the unanimous Judgement of the Full Bench of the Cape High Court in the matter of the Helen Suzman Foundation and the President of the Republic of South Africa, the Minister of Police, the Head of the Directorate for Priority Crime, and the Government of the Republic of South Africa.

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SAPS Amendment Act Judgement

13 December 2013 The Helen Suzman Foundation ("HSF") notes the unanimous judgment of the Full Bench of the Western Cape Division of the High Court ("the High Court") in the matter of the Helen Suzman Foundation v the President of the Republic of South Africa and Others.

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SAPS Amendment Act Case: Applicant's Heads of Argument

In December 2013, the HSF received a favourable judgement in the case of Helen Suzman Foundation v President of the Republic of South Africa and Others. The case involved the HSF’s on-going engagement with the establishment of independent policing and prosecutorial bodies that are sufficiently protected from political interference. The full bench of the Western Cape High Court found certain sections of the SAPS Amendment Act 2012 (Amendment Act) to be unconstitutional to the extent that they undermine the structural and operational independence of the Directorate of Priority Crime Investigation (DPCI – also known as the Hawks). These are the Heads of Argument for confirmation proceedings that will be heard by the Constitutional Court on 15 May 2014.

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HSF Heads of Argument: JSC case

HSF Heads of Argument, in the matter between the Helen Suzman Foundation and the Judicial Service Commission. Western Cape High Court.

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JSC Case: Access to Deliberations

Last Friday (5 September 2014), the WCC delivered a judgment against the HSF. The judgment is only relevant with respect to the HSF’s access to the above material and not the merits of the main application which is pending before the WCC. The judgment of the WCC is not a reflection upon, nor a rejection of, the HSF’s prospects in the main application.

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JSC Case: Notice of Application for Leave to Appeal

The HSF, with the assistance of our lawyers, has carefully studied the judgment of Mr Justice Le Grange and has launched an application for leave to appeal against the judgment and order handed down on 5 September 2014.

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Confirmation of the Order of the Western Cape High Court Judgement

The Helen Suzman Foundation notes the judgment of the Constitutional Court in the matter of the Helen Suzman Foundation v the President of the Republic of South Africa and Others.

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HSF v The Minister of Police and Others - Judgment 23/01/2015

Judgment given in the Pretoria High Court in the matter of the Helen Suzman Foundation versus the Minister of Police and Others.

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HSF's Heads of Argument in the matter between the Minister of Justice and 11 Others and the Southern African Litigation Centre in re Al-Bashir

The HSF's Heads of Argument in our submission as amicus curiae before the Supreme Court of Appeal on 12 February 2016. The HSF had received consent to intervene from the Southern African Litigation Centre but was refused consent by the State parties. The SCA, however, admitted the HSF as amicus in January 2016.

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