A Missed Opportunity: President Ramaphosa Signs The IPID Amendment Bill Into Law
In this brief, Kimera Chetty discusses the significance of the Independent Police Investigative Directorate Amendment Bill which was recently signed into law by President Ramaphosa.
Why so violent?
In a time before the pandemic, South Africa could easily have been classed among the most violent societies. As a nation in lockdown, we are now informed that our rate of violent crime has decreased by up to 87% in some categories during the month of April. Conversely, the abuse of power by police officials has increased by 32% during the same month, according to IPID. We are all too aware that the conditions that have provided for this drastic drop in violent crime are temporary. So the question to be asked remains: why are we so violent?
Lindela And South Africa’s Defective Deportation Regime
What is going on at the Bosasa-run Lindela Repatriation Centre - South Africa's single specialised holding facility for irregular immigrants awaiting deportation? This brief investigates the country's notorious deportation regime and its custodians – the South African Police Service, the Department of Home Affairs and Bosasa.
Sexual Assault - Part 3: Sexual violence as a Weapon of War
A very popular, yet grossly under recognised, feature and weapon of war is sexual violence. Sexual violence, like artillery, is used to cause destruction through the terrorisation of a population or as an assertion of power by belligerent forces. Rape, when committed as part of a widespread attack, is also an effective tool for bringing about the destruction, in whole or in part, of a national, ethnical, racial or religious group – otherwise known as genocide.
Sexual Assault - Part 2: Sexual Harassment in the Workplace
According to legislation, employers have a positive legal duty to ensure that the workplace is free from unfair discrimination. What the legislature and disciplinary bodies alike do not take into consideration are the delicacies of the power differentials between men and women (not only as between superiors and subordinates) in the workplace and the trauma suffered by the victims of sexual harassment. Until there is an understanding of these inherent power dynamics that exist in the workplace, sexual misconduct will continue to persist in that space.
Sexual Assault - Part 1: Sexual Offences in the Criminal Justice System
Crimes of a sexual nature, the world over, are prosecuted distinct from any other form of crime. The burden of proof in sexual offence cases is more stringent (although it is not permitted to be). The tests and defences used are subjective as opposed to objective – as with all other crimes. Unlike other crimes, commissions of sexual offences, it can be argued, are skewed predominantly against women and children. They are also the only crimes in which the victim’s behaviour is the focal point, as opposed to that of the accused.
Cape Town Gangs: Political Dimensions
Understanding the true nature and genesis of gangsterism in Cape Town is central to the success of the recently dispatched Anti-Gang Unit. This brief looks beyond frequently cited criminal and socio-economic factors.
The President has expressed his 'full support' for Minister Gordhan but claims he can do nothing to defuse the crisis created by the Hawks. He is wrong.
In the concluding brief of this series, Kimera Chetty considers both the propriety and benefits of regulation over prohibition with regards marijuana in South Africa.
A message from the Director following the High Court's dismissal of the urgent court application brought against Ntlemeza by the Helen Suzman Foundation and Freedom Under Law.
On more than one occasion Helen Suzman spoke out against arbitrary and abusive laws criminalising the production and use of marijuana. In this series of briefs, we revisit these issues in three parts. In the first brief, Matthew Kruger provides some context, by commenting on the prosecution of a married couple for their production and personal use of medical marijuana. He also explores the neglected value of freedom, explaining that sometimes the state can only fulfill its duty to respect and protect our rights by leaving us alone. In the second brief, Arvitha Doodnath considers the science relating to and social impact of marijuana and debunks some common myths. The series concludes with Kimera Chetty considering how we should go about regulating actions that do in fact negatively affect the interests of others, but whose criminal prohibition would also cause harm to individuals and the community.
The Parliamentary Portfolio Committee on Police is reported as having invited the Minister of Police to discuss the McBride suspension and the Werksmans Report. As indicated, below, we believe that the Minister of Police will have some explaining to do.
The Helen Suzman Foundation responds to assertions of normality at the Hawks.
This brief compares the IPID 1 & IPID 2 reports
A summary of the HSF's legal interventions regarding the Hawks.
The recent unlawful suspension of senior Hawks officials has centered on alleged renditions of Zimbabwean Foreign Nationals and the Reports made by the Independent Police Investigative Directorate to the National Prosecuting Authority. Some confidential documents have leaked into the public domain.
This morning judgment was handed down in the Pretoria High Court by Prinsloo J following an urgent application brought by the HSF in the wake of the suspension of the National Head of the Directorate of Priority Crimes Investigation ("the National Head") (“Hawks”). The HSF was of the view that this suspension was irregular, and that the Minister of Police (“Minister”) had acted unlawfully.
The HSF has approached the High Court in Pretoria to declare invalid the suspension of the National Head of the Hawks and the appointment of an Acting Head.
Patrick Bracher interviews HSF Director Francis Antonie on the SAPS Amendment Act Case on ProBono Law.
In December 2013, the HSF received 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 (the “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"). The HSF maintains that independent anti-corruption units are a vital part of the institutional State apparatus in South Africa and welcomes the unanimous judgement of the High Court.
This brief looks at the Policing Green Paper and highlights the areas of concern identified by the Helen Suzman Foundation.
This Brief outlines the HSF’s impending court challenge over the South African Police Service Amendment Act.
