Focus 56 Chapters

Delivery of Justice: Independence and Accountability Delivery of Justice: Independence and Accountability

This report focuses on the roundtable discussion hosted on the improvement of the independence and accountability of the criminal justice system. It highlights the gaps in the law regarding the appointment and removal procedures for the heads of 8 criminal justice system institutions, and suggests solutions.

Delivery of Justice: Independence and Accountability of the Judiciary Delivery of Justice: Independence and Accountability of the Judiciary

This report sets out the comprehensive roundtable discussion on the accountability and independence of the judiciary. It questions just how independent the judiciary currently is, notwithstanding its role in the dismantling of state capture. The report explores the effectiveness and efficiency of the Judicial Service Commission in its appointment of judges, as well as its disciplinary function.

Submission in response to the Electoral Laws Amendment Bill [B22-2020] Submission in response to the Electoral Laws Amendment Bill [B22-2020]

The HSF has made submissions to the Parliamentary Committee on Home Affairs in response to the Electoral Laws Amendment Bill [B22-2020], which seeks to amend the legislation governing our electoral system. The Bill seeks to empower the Independent Electoral Commission to prescribe a different voting method to that which has been prescribed by Parliament. The HSF objects to Parliament’s impermissible delegation of its legislative function to determine the details of the electoral system, including the voting method, to another entity. This delegation has the unacceptable result that Parliament evades its constitutional duty to facilitate public participation in the legislative process of determining how we vote.

Submission in response to the Gauteng Township Economic Development Draft Bill, 2020 Submission in response to the Gauteng Township Economic Development Draft Bill, 2020

The HSF has made submissions to the Gauteng Legislature in response to the Gauteng Township Economic Development Draft Bill, which seeks to exclude foreign nationals who do not have permanent residency status from owning and/or operating businesses in the Gauteng township economy. The HSF contends that the Bill unjustifiably limits the constitutional rights of foreign nations who are lawfully in the country, but who do not have permanent residency status to dignity and equality.

Submission in response to the South African Reserve Bank Amendment Bill [B26-2018]

The HSF has made submissions to the Standing Committee on Finance in response to the South African Reserve Bank Amendment Bill, which seeks to nationalise the Bank. The HSF contends that the Bill fails to pass constitutional muster as it contemplates expropriation of the shares held by private shareholders without compensation. The HSF also questions the purpose sought to be achieved by the Bill, as private shareholders have no say in the constitutional mandate and independent functioning of the Bank.

Submission in response to the South African Police Service Amendment Bill [2020]

The HSF has made submissions to the Civilian Secretariat for Police Service in response to the SouthAfrican Police Service Amendment Bill [2020], which seeks a comprehensive overhaul of the legislation governing policing in South Africa. The HSF’s submissions highlight the importance of the independence of key functionaries within the police service as well as the importance of accountability mechanisms. The HSF’s submissions also draw attention to the need for more extensive reforms to the Regulation of Gatherings Act, which is the legislation that gives effect to the constitutional right of assembly.