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WITHOUT PREJUDICE
MAY 30TH 1996
RESPECTFULLY,
THE FOLLOWING OBJECTION TO CERTIFICATION OF THE
NEW CONSTITUTION ON
GROUNDS THAT IT DOES NOT COMPLY WITH THE CONSTITUTIONAL PRINCIPLES (SCHEDULE SIX
OF THE INTERIM
CONSTITUTION 1993):
SECTION/SCHEDULE
OF THE ACT:
Omission
CONSTITUTIONAL PRINCIPLE NOT COMPLIED
WITH
The Constitution should prescribe penalties and award damages
for non-performance particularly in Public Administration (Chapter Ten),
Courts
and Administration of Justice (Chapter Eight).
Principles: IX, XXIX, XXX, I,
II, IV, VI
SECTION/SCHEDULE OF THE
ACT:
Omission
CONSTITUTIONAL PRINCIPLE NOT COMPLIED
WITH
The Act is void for vagueness - no minimum standards of honesty
(inter alia) for the legal ‑profession which is necessarily
involved in
Court proceedure. The Bill of Rights should allow litigants to conduct their
cases. Legal Aid should be a right (similar
to British National Health) for
all citizens. Legal fees should be according to a reasonable
scale set by The Public Protector (not the legal profession). The
law should be codified and not developed in the courts at the expense of
litigants! (Sections 8(3)(a)(b)).
Children should receive legal training in
depth at school) in order to assist them avoiding the clutches of disreputable
lawyers
(Principles V, VII). The public should be free from harrassment by
litiginous lawyers (Principles II, V, VII). These protections
should be
embodied in the Bill of Rights.
SECTION/SCHEDULE OF THE
ACT:
8(2)
CONSTITUTIONAL PRINCIPLE NOT COMPLIED
WITH
"of... it is applicable" should be
deleted.
SECTION/SCHEDULE OF THE
ACT:
Omission
CONSTITUTIONAL PRINCIPLE NOT COMPLIED
WITH
The Bill of Rights and Section 3 require specific women's
Advisory Boards (legal in particular) to assist women disadvantaged by male
selfishness. Principle III. In addition, affirmative action requires fifty per
cent of all public/judicial etc. posts to be filled
by women, and therefore an
emphasis on education and promotion of women. Section 9(2) is not strong
enough.
Monopolies reserved for professions should be terminated e.g.
legal monopoly to wind up Deceased Estates. Principles I, III, V, VII
etc..
SECTION/SCHEDULE OF THE
ACT:
Omission
CONSTITUTIONAL PRINCIPLE NOT COMPLIED
WITH
Bill of Rights section 12: To prevent vexatious litiginous
lawyers running fictitious cases against a victim it is suggested that
a retired
judge act as Master of the Court whose approval is necessary before a case can
be run against a hapless victim of (with
respect) "rat-pack" lawyers (with the
very deepest of respect).
Principles: I, II, V, VI, VII,
XXX.
SECTION/SCHEDULE OF THE
ACT:
Omission
CONSTITUTIONAL PRINCIPLE NOT COMPLIED
WITH
Section 14(d): Senior Counsel who tap their opponent's
telephones or plant a spy in their opponent's legal team (e.g. in Jersey) should
be demoted. Similarly, lawyers who attempt to bribe and then threaten a
character assassination should lose their right to practise.
Principles: VII
inter alia, I to VI.
Similarly if a litiginous lawyer arranges for his
opponent's telephone line to be removed. Principle: The German Government
advised
the President to get the legal system cleaned up before Germans invest
in South Africa!
The Minister of Justice mentioned an "overclass" of
lawyers. With respect, the legal apparatus should serve the interests of the
public. This Act serves the interests of the "amorphous"
legal profession
...
[Editors' note: remainder of sentence
unclear]
SECTION/SCHEDULE OF THE ACT:
Section 32/33
and
Schedule Six
Section 23(2):
CONSTITUTIONAL PRINCIPLE NOT COMPLIED
WITH
Section 23(3) (page 125) should be deleted.
Section 32 (page
14 and page 125) is unclear.
Access to information held by any organ, and
a Constitutional institution, is a right which must be clearly defined in
the constitution.
Principles: XXX, XXIX, I to X, inter
alia.
SECTION/SCHEDULE OF THE ACT:
Section
33
Omission
CONSTITUTIONAL PRINCIPLE NOT COMPLIED
WITH
Lawyers etc. bribing/influencing/blackmailing civil servants
should be severely punished and made to pay punitive damages in terms
of a
Section 33(4).
With respect, South Africa has a long history of endless
administrative tormenting of the public. The only way to stop this is to
spell
out punitive damages, fines etc. in the Constitution at this
stage!!
Sections 165 (Judicial Authority) and/or 182 (Public Protector)
are alternative sections for mandatory punishments. Also Section
184.
Principles: Trite law, common sense, I to X, XXIX,
XXX.
SECTION/SCHEDULE OF THE ACT:
Section 38
CONSTITUTIONAL PRINCIPLE NOT COMPLIED WITH
With respect,
what percentage of the legal profession is competent? The public just cannot
afford to be bankrupted by incompetents
The Constitution has cost Three Hundred
Million Rand (?). The Constitution must protect the public and eliminate
loopholes for the
legal profession to cash-in. The Constitution is for the
benefit of the public not for the lawyers' bank accounts. The public should
not
have to keep going to court!!!! With the very deepest of
respect!
SECTION/SCHEDULE OF THE
ACT:
Omission
CONSTITUTIONAL PRINCIPLE NOT COMPLIED
WITH
All Public Servants should have to declare their assets, perks,
fringe benefits on an annual basis to e.g. the Auditor General/ Receiver
of
Revenue.
Principles: XXX, I, II, V, IX,etc.
SECTION/SCHEDULE OF THE
ACT:
Omission
CONSTITUTIONAL PRINCIPLE NOT COMPLIED
WITH
Local Government Sections 152/153:
Municipalities should not
be allowed to cheat electricity consumers with racketeering charges in order to
raise capital for RDP or
new suburbs but should go to the capital market by way
of bonds. Principle XXIV inter alia.
SECTION/SCHEDULE OF THE
ACT:
Omission
CONSTITUTIONAL PRINCIPLE NOT COMPLIED
WITH
Commission for Gender Equality Section 187.
Give it teeth!
South African males appear not to take notice of anything except their own
selfish advancement - even the Truth
Commission lacks a lady member (correct?)!
We need women advocates to advise us! We need our girls to be trained in the
fast‑lane!
We cannot be pushed into the back of the cave!!! Principles:
I, II, V, VI, VII etc!!
SECTION/SCHEDULE OF THE
ACT:
Omission
CONSTITUTIONAL PRINCIPLE NOT COMPLIED
WITH
International (General Provisions) sections 231-233: South
Africa should assist it's citizens against fraud in fraudhavens (euphemistically
called trusthavens) usually under the British flag, with respect. ‑To
eliminate some of the booty from marauding lawyers South
Africa should endeavour
to secure the establishment of an International Court of Probate (the right
term?) to be located here, it's
object to eliminate plundering of Deceased
Estates by lawyers. The Bill of Rights should very clearly state that South
Africa does
not deliver it's own citizens to other countries - extradition
should be clearly defined!
SECTION/SCHEDULE OF THE
ACT:
Omission
CONSTITUTIONAL PRINCIPLE NOT COMPLIED
WITH
The Bill of Rights should make special mention of protection of,
care of, support for the aged and infirm, handicapped, their housing
etc. Can
anyone explain why Bramley Old Age Home was closed to make way for an office
park? Did that achieve anything?
Principles: II, III inter
alia.
JOAN MUNNIKHUIS
Director of Companies
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