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"Chaskalson, Arthur"
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THE WIDENING GYRE: COUNTER-TERRORISM, HUMAN RIGHTS AND THE RULE OF LAW
There are two themes that recur in previous Sir David Williams lectures. First, that it is a considerable honour to be invited to give the lecture. Secondly, that it is a daunting task to do so in the presence of Sir David, particularly in a field in which he has expertise. Since that covers most of the law there is no escape from this dilemma. Let me then acknowledge the privilege of having been asked to give this year's lecture, and confess that it is with some trepidation that I do so. The subject, terrorism and human rights, is not exactly uncharted territory. When I looked into the internet for some guidance on what might be relevant to terrorism and human rights, the response to my Google search informed me that in .03 seconds 32,900,000 references had been found. This seemed to indicate that it was unlikely that I would be able to say anything that has not already been said. But there are some subjects that are of such importance that there is value in reminding ourselves of the issues that are at stake, and if necessary for that purpose, repeating what others have said. And it is with that in mind that I approach my chosen topic.
Journal Article
How About a Bill of Rights?
Background of the Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct (the Fitzgerald inquiry) – the effectiveness of a bill of rights in addressing the issue of abuse of power and ensuring the rule of law – experience in South Africa.
Journal Article
DIGNITY AS A CONSTITUTIONAL VALUE: A SOUTH AFRICAN PERSPECTIVE
The first section of the South African Constitution sets out the founding values of the post-apartheid state. They include human dignity, the achievement of equality, and the advancement of human rights and freedoms. It is not surprising that these values should be the foundations of the new constitutional order. Apartheid was the culmination of a process of racial discrimination and white supremacy which had been in place for three centuries. Despite the massive power of the state, there was an ongoing and intense struggle against apartheid. The first step towards what was to become a police state in South Africa was taken in 1950 with the passing of the Suppression of Communism Act. During the first half of the twentieth century it can fairly be said that most of the country, including its legal system, ignored the nation's constitutional commitment to equal treatment for all. After World War II, things began to change.
Journal Article
HOW ABOUT A BILL OF RIGHTS?
The Fitzgerald Commission, the anniversary of which we mark and celebrate tonight, has been described by one observer as: A watershed inquiry for not only Queensland, but across all jurisdictions in Australia and internationally ... it triggered wide-ranging reform within the public service, placed a new emphasis on ministerial accountability, highlighted the importance of ethics, updated parliament, improved police and the administration of criminal law ... it caused the first major reforms in local government in more than forty years ... no other inquiry before or since in Australia or overseas, has had such impact.1 What led Tony Fitzgerald along this path 20 years ago was an Order in Council published in the Queensland Government Gazette on 26 May 1987 appointing him to make 'full and careful inquiry' into the correctness of certain allegations concerning the Queensland police that had been aired in the media. Because of my origins, as well as my own professional and life experience, I have come to believe that a legally enforceable Bill of Rights is one of the checks and balances that enhance democracy, and ensures that those who exercise public power are accountable for the way that they do so.
Journal Article
How about a bill of rights? Inaugural Tony Fitzgerald lecture
Background of the Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct (the Fitzgerald inquiry) – the effectiveness of a bill of rights in addressing the issue of abuse of power and ensuring the rule of law – experience in South Africa.
Journal Article
Does Hlophe approve of campaign on his behalf?
I am not aware of anyone in South Africa or elsewhere having suggested or implied that \"black folk\" can never be \"true apostles of judicial independence\" or \"sophisticated masters of constitutional law\". The report was made by the judge president directly to the minister of justice. When the report came to their attention, the heads of court expressed a determination \"to confront and deal with issues of racism and sexism that are brought to our attention\", and those who experience such conduct were urged \"to raise the issue immediately so that it can be dealt with\". This is not the place to discuss Judge President [John Hlophe]'s qualifications or lack of qualification for the post of chief justice, or that of any other possible candidate or candidates (almost certainly a black judge or judges) for that position. Racism will not be an issue; nor will commitment to transformation (all will be committed to that); nor will any candidate or candidates be what Ngobeni refers to as a \"self-hating black\". The merits of the candidates, their qualities of leadership and institution building, their commitment to the values of the constitution, their independence and integrity, the impact their appointment might have on the standing of the Constitutional Court, and other relevant factors will no doubt be considered and dealt with in the ordinary way in accordance with established procedures, if and when their names are put forward for that office.
Newspaper Article