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My Vote Counts V Speaker Of The National Assembly
In ''My Vote Counts NPC v Speaker of the National Assembly and Others'', the Constitutional Court of South Africa dismissed an application which sought to compel Parliament to pass legislation mandating the disclosure of political party funding information. Split seven to four, the court held that the application transgressed the principle of subsidiarity and separation of powers. The matter was heard on 10 February 2015 and decided on 30 September 2015. The application by My Vote Counts, a non-profit organisation, posited an interaction between two constitutional rights – the section 32 right to access to information and the section 19 right to vote – which it argued imposed a constitutional obligation on Parliament to make legislation promoting systematic transparency in party funding. While the minority endorsed this argument, the majority declined to evaluate its merit. According to the majority, the applicant's complaint was justiciable only as a challenge to the c ...
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Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ...
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Right To Vote
Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to vote is called active suffrage, as distinct from passive suffrage, which is the right to stand for election. The combination of active and passive suffrage is sometimes called ''full suffrage''. In most democracies, eligible voters can vote in elections of representatives. Voting on issues by referendum may also be available. For example, in Switzerland, this is permitted at all levels of government. In the United States, some states such as California, Washington, and Wisconsin have exercised their shared sovereignty to offer citizens the opportunity to write, propose, and vote on referendums; other states and the federal government have not. Referendums in the United Kingdom are rare. Suffrage is granted to everybody mentally capable, ...
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My Vote Counts V Minister Of Justice And Correctional Services
''My Vote Counts NPC v Minister of Justice and Correctional Services and Another'' is a decision in the Constitutional Court of South Africa which established a constitutional right of access to information about the sources of political party funding. The court held unanimously that the Promotion of Access to Information Act, 2000 was inconsistent with the Constitution insofar as it failed to give effect to that right. The matter was heard on 13 March 2018 and decided on 21 June 2018, with a majority judgment written by Chief Justice Mogoeng Mogoeng. Background In the 2015 matter of '' My Vote Counts v Speaker of the National Assembly,'' the non-profit My Vote Counts approached the Constitutional Court of South Africa with an application to compel the Parliament of South Africa to pass legislation that would oblige political parties to disclose the sources of their private funding. That application failed insofar as it was couched in terms of the constitutional right of ...
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High Court Of South Africa
The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction over a defined geographical area in which it is situated. The decisions of a division are binding on magistrates' courts within its area of jurisdiction. The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000 rand, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts. The court and its divisions are constituted in their current form by the Superior Courts Act, 2013. They replaced the previous separate High Courts, which had in 1997 replaced the provincial and local divisions of the former Supreme Court of South Africa and the supreme courts of the TBVC states ("Bantustans" created by the apartheid government in the 1950s). Important officers in ...
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SANDU V Minister Of Defence (2007)
In ''South African National Defence Union v Minister of Defence and Others'', an important case in South African labour law, the Constitutional Court gave judgment on a series of disputes connected to collective bargaining that had arisen between the South African National Defence Union (SANDU) and the South African National Defence Force (SANDF). Background Since the 1999 judgment of the Constitution Court in '' SANDU v Minister of Defence'', the legislative framework constructed for collective bargaining in South Africa had taken force. High Court The application originated in five separate matters initiated by SANDU against the Minister of Defence in the Pretoria High Court between 2001 and 2003, which resulted in three separate High Court judgments: # The first of these judgments (SANDU I), written by Judge Johann van der Westhuizen, held that the SANDF was not obliged to bargain collectively with SANDU, and that SANDF’s withdrawal from negotiations with SANDU was reaso ...
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Wim Trengove
Wim Trengove SC is a South African advocate best known for his role in the development of South African Constitutional jurisprudence and his involvement in high-profile political cases. Career Wim Trengove has litigated many of South Africa's most important human rights questions, including arguing for the successful abolition of the death penalty in ''S v Makwanyane'', arguing against discrimination on the basis of HIV status in ''Hoffmann v South African Airways'', arguing for the protection of sex workers' labour rights in ''Kylie v CCMA'', arguing for the restitution of land and mineral rights to groups dispossessed during apartheid in '' Alexkor Ltd v Richtersveld Community,'' and arguing for the roll-out of anti-retroviral treatment for HIV patients in ''Minister of Health v Treatment Action Campaign.'' Trengove also argued numerous constitutional questions in South Africa's Constitutional Court, including the certification of the constitution itself. Trengove also repre ...
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Chairperson Of The National Council Of Provinces
The National Council of Provinces (NCOP) is the upper house of the Parliament of South Africa under the (post-apartheid) constitution which came into full effect in 1997. It replaced the former Senate, but is very similar to that body, and to many other upper houses of legislatures throughout the world, in that its purpose is to represent the governments of the provinces, rather than directly representing the people. Composition The NCOP consists of ninety delegates, ten delegates for each of the nine provinces regardless of the population of the province. Each province is equally represented in the NCOP. A provincial delegation is composed of six permanent delegates and four special delegates. The party representation in the delegation must proportionally reflect the party representation in the provincial legislature, based on a formula included in the Constitution. The permanent delegates are selected by the nine provincial legislatures. The four special delegates include ...
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Speaker Of The National Assembly Of South Korea
The speaker of the National Assembly () is the presiding officer of the National Assembly of South Korea. List of speakers List of deputy speakers Notes Politics of South Korea South Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korea, Korean Peninsula and sharing a Korean Demilitarized Zone, land border with North Korea. Its western border is formed ... Speakers of the National Assembly * {{politics-stub ...
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David Unterhalter
David Unterhalter (born 18 November 1958) is a South African jurist and judge of the Gauteng Division of the High Court of South Africa. He is also professor of law at the University of Cape Town. Before he was appointed to the bench in January 2018, Unterhalter was a prominent advocate, specialising in public law, competition law, and trade law. He was called to the Johannesburg Bar in 1990 and took silk in 2002. Early life and education Unterhalter was born on 18 November 1958 in Johannesburg. His father was Jack Unterhalter, a lawyer who attained public prominence representing political prisoners during apartheid. Unterhalter attended Trinity College, Cambridge, where he completed a BA in 1980, converted to an MA in 1987. He went on to an LLB at the University of the Witwatersrand in 1984 and a BCL at University College, Oxford in 1985. Legal practice Unterhalter was admitted as an advocate of the Supreme Court of South Africa in 1990. He practised as an advocate at the ...
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Political Party Funding
Political Party Funding (PPF) is a method used by a political party to raise money for campaigns and routine activities. The funding of political parties is an aspect of campaign finance. Political parties are funded by contributions from multiple sources. One of the largest sources of funding comes from party members and individual supporters through membership fees, subscriptions and small donations. This type of funding is often referred to as grassroots funding or support. Solicitation of larger donations from wealthy individuals, often referred to as plutocratic funding, is also a common method of securing funds. Parties can also be funded by organizations that share their political views, such as unions, political action committees, or organizations that seek to benefit from the party's policies. In certain locales, taxpayer money may be given to a party by the federal government. This is accomplished through state aid grants, government, or public funding. Additionally, p ...
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Political Parties In South Africa
This is a list of political parties in South Africa. South Africa is a democratic but one-party dominant state with the African National Congress as the governing party. Other parties such as the Democratic Alliance govern provinces and municipalities, with some in coalitions with smaller parties. Parliamentary parties } , class="org" , DA , , 2000 , Economic liberalismSocial liberalism , , , , , - , bgcolor=, , Economic Freedom Fighters , class="org" , EFF , Julius Malema , 2013 , Marxism–Leninism Black ultranationalism , , , , , - , bgcolor=, , Inkatha Freedom Party zu, IQembu leNkatha yeNkululeko , IFP , Velenkosini Hlabisa , 1975 , ConservatismEconomic liberalism , , , , , - , bgcolor=, , Freedom Front Plus af, Vryheidsfront Plus , class="org" , VF+ , Pieter Groenewald , 1994 , Afrikaner nationalismRight-wing populism , , , , , - , bgcolor=, , African Christian Democratic Party af, Afrika Christen Demokratiese Party , class="org" , ACDP , Kenn ...
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Chapter Two Of The Constitution Of South Africa
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons. South Africa's first bill of rights was drafted primarily by Kader Asmal and Albie Sachs in 1988 from Asmal's home in Dublin, Ireland. The text was eventually contained in Chapter 3 of the transitional Constitution of 1993, which was drawn up as part of the negotiations to end apartheid. This "interim Bill of Rights", which came into force on 27 April 1994 (the date of the first non-racial election), was largely limited to civil and political rights (negative r ...
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