© 2020 Government Communication and Information System, [Read] The Department of Health has urged individuals, families, communities, employers and all stakeholders to join the department in its efforts to further strengthen the mental health system tinyurl.com/y5ns28y5, [Read] The Gauteng Department of Sport, Arts, Culture and Recreation has reopened the window of opportunity, targeting individuals to apply for the sector relief fund Minister Van Rooyen was then moved to head the Cooperative Governance and Traditional Affairs Department. [1] This was reaffirmed in the 2012 case of Minister of Home Affairs v Tsebe. In the 2001 case of Mohamed v President of the Republic of South Africa the Constitutional Court dealt with the extradition of suspects under circumstances where they may face the death penalty. 86. “Section 91(2) of the Constitution provides that ‘The President appoints the Deputy President, and Ministers, assigns their powers and functions and may dismiss them’. “Section 91(2) of the Constitution provides that ‘The President appoints the Deputy President, and Ministers, assigns their powers and functions and may dismiss them’. The Act has been amended by section 4 of the Constitution Second Amendment Act of 1998, by the ... ACT To introduce a new Constitution for the Republic of South Africa and to provide for matters incidental thereto. In asking supplementary questions, Members of Parliament asked the President to respond to allegations that some Ministers have in recent times been approached and offered jobs by the Gupta family. This section has been interpreted to prohibit the death penalty, but not to prohibit abortion. Media are welcome to utilise all stories, pictures and other material on this site as well as from our Facebook and Twitter accounts, at no cost. The principal judgment, by President of the Court Arthur Chaskalson, found the death penalty to be unconstitutional not because it violated the right to life, but because it violated the prohibition of cruel, inhuman and degrading punishment elsewhere in the Bill of Rights. Election of President. At its first sitting after its election, and whenever necessary to fill a vacancy, … Election of President. (4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). (2) Equality includes the full and equal enjoyment of all rights and freedoms. tinyurl.com/yx8ml6d2, [Read] The deadline for written submissions into the Cannabis for Private Purposes Bill has been extended to 30 November 2020 tinyurl.com/y38erm8m, [Read] The Portfolio Committee on Justice and Correctional Services has indicated that it is “cautiously happy” about progress reported on by the Office of the Public Protector for meeting - and in some cases exceeding its targets for the 2019/20 financial year tinyurl.com/y2l98bh4, [Read] A 47-year-old woman was arrested on Friday for allegedly defrauding the COVID-19 TERS relief benefits amounting to over R3 million tinyurl.com/y2e9uebo, [Read] The Council for Scientific and Industrial Research (CSIR) and Aweza have collaborated to develop a unique mobile application to bridge communication barriers between healthcare providers and patients tinyurl.com/y47um3sa, [Read] Two men are expected to appear in the Palm Ridge Magistrates Court today, on charges of possession of infrastructure material https://www.sanews.gov.za/south-africa/two-nabbed-infrastructure-theft, [Read] Joint forces across Gauteng have conducted a multi-disciplinary, intelligence-driven Operation O Kae Molao which led to the closure of an illegal liquor outlet and the arrest of the owner tinyurl.com/y553rag6, [Read] The South African Post Office (SAPO) is currently repositioning its e-commerce strategy to be a driver of global exports and to enhance intra-African trade under the new African Continental Free Trade Agreement, while engineering local trade tinyurl.com/y5d56dp5, [Read] Antigen tests for SARS-CoV-2 detection will be rolled out to all ports of entry in South Africa with immediate effect tinyurl.com/y3by72zu, Lockdown travel: Government releases updated list of high-risk countries, Change your SASSA grant payment method next week, Government to rollout antigen tests at points of entry, SASSA launches online grant application portal, SASSA clarifies rejected R350 grant applications. This equality right is the first right listed in the Bill of Rights. The court held that the South African government cannot extradite suspects for capital offences without obtaining an assurance from the jurisdiction requesting extradition that they will not be sentenced to death (or that, if they are, the death penalty will not be carried out). 1 Republic of South Africa The Republic of South Africa is one, sovereign, democratic state founded on the following values: (a) Human dignity, the achievement of equality and the advancement of human rights and freedoms. Section Eleven of the Constitution of South Africa, part of the Bill of Rights, guarantees the right to life. ACT To introduce a new Constitution for the Republic of South Africa and to provide for matters incidental thereto. He said he has removed or redeployed Ministers in the past before and that there were always reasons behind the decisions. 26 of 26 April, 2001, the administration of this Act has been assigned to the Minister for Justice and Constitutional Development. Constitution Seventeenth Amendment Act of 2012 In terms of Proclamation No. President of the Republic of South Africa and Another v Hugo, Larbi-Odam and Others v MEC for Education (North-West Province) and Another, National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others, National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others, Satchwell v President of the Republic of South Africa and Another, Khosa and Others v Minister of Social Development and Others, Bhe and Others v Magistrate, Khayelitsha, and Others, Minister of Home Affairs and Another v Fourie and Another, Bill of Rights – Government of South Africa, Organisation of Lesbian and Gay Activists, https://en.wikipedia.org/w/index.php?title=Section_Nine_of_the_Constitution_of_South_Africa&oldid=892703183, Creative Commons Attribution-ShareAlike License, This page was last edited on 16 April 2019, at 09:29. [1], "Section Eleven of the Constitution of South Africa", Mohamed v President of the Republic of South Africa, Choice on Termination of Pregnancy Act, 1996, Christian Lawyers' Association v Minister of Health, https://en.wikipedia.org/w/index.php?title=Section_Eleven_of_the_Constitution_of_South_Africa&oldid=840476482, Articles needing additional references from September 2012, All articles needing additional references, Creative Commons Attribution-ShareAlike License, This page was last edited on 10 May 2018, at 03:44. That is what I offered Jonas. It prohibits both discrimination by the government and discrimination by private persons; however, it also allows for affirmative action to be taken to redress past unfair discrimination. It also has important implications for euthanasia, self-defence, the use of force by law enforcement, and the provision of life-saving healthcare. STATUTES OF T€E &PUBLIC OF SOUTH AFRICA-CONSTITUTIONAL LAW Constitution of the Republic of South Africa Act, SS. “The Constitution does not require me to consult anyone before I appoint or remove a Minister or Deputy Minister,” he said. The necessary processes were undertaken within the Constitution and within the law.” – SAnews.gov.za, Follow South African Government News on Facebook. The President said this when he fielded oral questions in the National Assembly on Thursday. Constitution of the Republic of South Africa (Ch. Following the appointment of Minister Van Rooyen, the President, after considering representations from members of the society, including the business sector, decided to replace him with Cooperative Governance and Traditional Affairs Minister Pravin Gordhan. Section Eleven of the Constitution of South Africa, part of the Bill of Rights, guarantees the right to life.This section has been interpreted to prohibit the death penalty, but not to prohibit abortion.It also has important implications for euthanasia, self-defence, the use of force by law enforcement, and the provision of life-saving healthcare. (1) Everyone is equal before the law and has the right to equal protection and benefit of the law. “There are always reasons that lead to… a Minister [having] to be shifted or redeployed… This arises out of what government is doing and what the thinking and decisions of government are. However these protections do not extend to South African citizens outside South Africa: in Kaunda v President of the Republic of South Africa the court held that the South African government was not obliged to intervene diplomatically to protect South African citizens being extradited from Zimbabwe to Equatorial Guinea on capital charges. (1) At its first sitting after its election, and whenever necessary to fill a … The Choice on Termination of Pregnancy Act, 1996, which permits abortion on demand in the first trimester and for broadly-specified reasons in the second trimester, was challenged in Christian Lawyers' Association v Minister of Health, on the basis that it violated the foetus' right to life. Preamble We, the people of South Africa, Recognise the injustices of our past; ... 91. The Transvaal Provincial Division of the High Court dismissed the case, ruling that the word "everyone" in section 11 does not extend to unborn foetuses, which do not have legal personality under the Bill of Rights. (b) Non-racialism and non-sexism. Under the heading "Life", the section states, in full, "Everyone has the right to life." To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken. President clarifies Deputy Minister Jonas's appointment. “I appointed [Deputy Minister] Jonas as a Deputy Minister. Unlike the right to life in many other human rights instruments, this section is unqualified; it does not make an exception for the death penalty, but neither does it explicitly state that the death penalty is forbidden. The President said no Minister in the Cabinet was ever appointed by the Gupta family. 6) CHAPTER 6 THE NATIONAL EXECUTIVE (ss. “The appointment and removal of Cabinet Members is dealt with in terms of Section 91(2) of the Constitution of the Republic of South Africa of 1996. Cape Town – President Jacob Zuma says the Constitution empowers him to appoint and remove Ministers without having to consult anyone. This equality right is the first right listed in the Bill of Rights. 108 of1996 SS. The President said as the Head of Government, he makes all appointments of Ministers and Deputy Ministers. Section Nine of the Constitution of South Africa guarantees equality before the law and freedom from discrimination to the people of South Africa. Section Nine of the Constitution of South Africa guarantees equality before the law and freedom from discrimination to the people of South Africa. It prohibits both discrimination by the government and discrimination by private persons; however, it also allows for affirmative action to be taken to redress past unfair discrimination.
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