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INDEPENDENCE OF THE HAWKS – ANC claims it is fighting corruption, but evidence points the other way

“There can be no gainsaying that corruption threatens to fell at the knees virtually everything we hold dear and precious in our hard-won constitutional order. It blatantly undermines the democratic ethos, the institutions of democracy, the rule of law and the foundational values of our nascent constitutional project.” Judge Dikgang Moseneke and Judge Edwin Cameron […]

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Which comes first: The ANC or the Constitution?

Paul Hoffman says those voting in the MONOCO debate bear an awesome responsibility. All of 110 years ago the American Chief Justice Charles Evans Hughes made a speech in which he is reported to have said: ““we are under a Constitution, but the Constitution is what the judges say it is…” In South Africa today, […]

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The fight for the Scorpions was not in vain

Paul Hoffman says the Glenister cases set important legal precedents.   While the naming and shaming of those who voted the Scorpions out of existence is a timely and valuable exercise, there are positives which have emerged from the messy business of changing the law to suit the convenience (and freedom) of crooked leaders and […]

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Flirtation with tyranny

President Jacob Zuma surely knows that the parliamentary sovereignty of the union and the republic that preceded the establishment of our constitutional order were not a success and did not serve the interests of all the people of SA. His flirtation with the notion that the supremacy of the Constitution should be replaced with the […]

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Theory on Public Protector’s deliberate ‘misstep’ to protect Zuma debunked

CAPE TOWN — When it comes to lawyers at daggers drawn over their respective theories, one is inclined to take the view of a Senior Counsel. Here Accountability Director, Paul Hoffman, SC, debunks former colleague, Andrea Robertson’s fascinating recent Biznews contribution about our increasingly-suspect Public Protector’s motives. In impeccable bench-side manner, he outlines the structural […]

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ANC can still save itself

Those ANC National Assembly caucus members who place their constitutional duties ahead of their party loyalties (as they should) have received good news from the Constitutional Court in its secret-vote judgment. Whether that vote is eventually carried out in secret or not, they are now immune to being disciplined successfully for voting in favour of […]

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