Foundation to assist Constitutional Court as amicus curiae.

On 17 April 2009, Mr Hugh Glenister launched proceedings out of the Western Cape High Court, challenging the constitutionality of the 2008 Amendment Acts – which disbanded the Directorate of Special Operations, the “Scorpions” - on the grounds that the Amendment Acts breached a number of constitutional obligations. That application was dismissed. Mr Glenister subsequently appealed to the Constitutional Court.

The Helen Suzman Foundation considers that this case raises matters of fundamental constitutional importance. The Foundation is firmly of the view that the Amendment Acts.

  • unjustifiably infringe a variety of basic human rights;
  • breach the State's constitutional obligation to promote, protect and fulfil these rights;
  • violate the State's obligations in international law; and
  • severely hamper the State's ability to deal effectively with the scourge of corruption and organised crime.

The Helen Suzman Foundation has been granted leave to intervene as amicus curiae to assist the Constitutional Court in adjudicating on the constitutionality of the Amendment Acts.

The matter is set down to be heard by the Constitutional Court on Thursday, 2 September 2010.

August 2010