Headlines
The state of the rule of law in SA: Freedom Under Law Chair, Justice Azhar Cachalia in discussion with Ann Bernstein of the Centre for Development Enterprise (CDE)
Azhar Cachalia, former judge of South Africa’s Supreme Court of Appeal from 2006 until his retirement in 2021, and now a visiting professor at Rhodes University and chairman of Freedom Under Law, joined me in a discussion about the current state of the nation and the rule of law. Cachalia noted that a strong and independent judiciary remains a pillar of South African democracy but cautioned that not all the judges who have been appointed have the necessary experience or competence. In his view, after Jacob Zuma was elected President the judiciary and the JSC became highly politicised. Many candidates who went through the JSC interview
In Defence of the Common Law
Remarks by Retired Judge of the Supreme Court of Appeal Azhar Cachalia, Chair of the Freedom Under Law Board at the Annual Bar Dinner of the Grahamstown Society of Advocates: 21 February 2025 Grahamstown – now Makhanda – is a town for which I have developed a special fondness. Some of my favourite colleagues, including Judges Mpati, Leach, Plasket, Dambuza, Eksteen and Froneman have spent much of their lives here. I have enjoyed hearing their stories about it, but not their descriptions of how it is currently managed. I also have an interest in Rhodes University as a visiting professor. I learnt much about the
Freedom Under Law on decision to interdict Dr Hlophe from participating in the JSC
Freedom Under Law notes decision to interdict Dr Hlophe from participating in the Judicial Service Commission Freedom Under Law notes the decision of the Western Cape High Court to interdict Dr John Hlophe from participating in the activities of the Judicial Service Commission (JSC), pending a final decision on challenges to the designation of Dr Hlophe as one of the representatives of the National Assembly (NA) on the JSC. The interdict was granted following applications by the Democratic Alliance (DA) and Corruption Watch (CW), in which interim and then final relief was sought. FUL brought a separate application seeking a final order to set aside
Events
Strengthening the Rule of Law: Challenges and Opportunities for the NPA
Freedom Under Law & Stellenbosch University’s Department of Journalism invite you to a lecture by Shamila Batohi, the National Director of Public Prosecutions (NDPP)
1 November 2024
6 Spin street, Cape Town
17:30 for 18:00
RSVP by 5 November 2024:
– fthomas@freedomunderlaw.org.za
– Light refreshments will be served
Timelines
Timeline of Judge Hlophe’s Removal
DOWNLOAD THE PDF VERSION NOVEMBER 2004 Oasis Crescent Property Fund sues Judge Desai for alleged defamation. It comes to light that Judge Hlophe had been receiving regular monthly payments from Oasis at the time that he authorised the defamation action. Judge Hlophe initially denies receiving the payments before changing tack and insisting that they were reimbursements for ‘travelling expenses’. Either way, the payments fell foul of Judge Hlophe’s statutory and ethical duties not to receive such payments without the prior approval of the Minister of Justice. FEBRUARY 2005 Judge Hlophe submits a report on alleged racist practices within the Western Cape legal community, directly to
Timeline of Judge Motata’s Removal
DOWNLOAD THE PDF VERSION JANUARY 2007 Judge Motata drives into a residential wall whilst intoxicated and is subsequently involved in a verbal confrontation with the property owner. Judge Motata uses racial slurs, profanities and language of a derogatory nature, all of which is recorded by the owner. The Catholic Commission for Justice and Peace files a complaint against Judge Motata alleging that his conduct brought disgrace upon him and the judiciary and undermined public respect. JULY 2008 Afriforum lodges complaint against Judge Motata alleging that he has committed gross racist misconduct and should therefore be impeached in terms of section 177 of the Constitution. SEPTEMBER
Promoting Democracy Under Law
• Advancing understanding of and respect for the Rule of Law • Litigating in relation to institutional conduct in conflict with the Rule of Law • Strengthening the independence of the judiciary • Supporting the legal profession in serving the courts • Enhancing understanding between legal role-players, the media and society at large • Furthering legal education appropriate to the needs of constitutional democracy • Protecting freedom of speech and freedom of the media concerning the administration of justice.
Our mission
FUL’s objectives are the promotion of democracy and the advancement of the Rule of Law and the principle of legality, understanding these to be the foundation for constitutional democracy in South Africa.
How we work
Litigation before the courts
Primarily, FUL uses litigation before the courts as its defining method of promoting and defending the Rule of Law and democracy in South Africa. The composition of its board affords it particular expertise and experience in this area.
Non-profit company
FUL is registered as a non-profit company and a public benefit organisation.
FREEDOM UNDER LAW NPC
REG.
NO. 2008 000 384 08
PUBLIC BENEFIT ORGANISATION
REF.
NO. 930031764
Address threats to the Rule of Law
Recognising the importance of the criminal justice system to the Rule of Law and the realisation of any number of rights, FUL has since its inception sought to make this a particular focus area, although it directs its efforts wherever it believes it may effectively address threats to the Rule of Law.
Trial observation
However, litigation is not the only distinguishing feature of Freedom Under Law's approach. FUL also undertakes trial observation across the region and seeks to coordinate informed debate of topical regional legal issues.
Board of Directors
Judge Azhar Cachalia: Chair
Recently retired as a judge of South Africa’s Supreme Court of Appeal, Azhar Cachalia remains committed to safeguarding constitutionalism, non-racialism
Professor Hugh Corder
Hugh Corder is a law graduate of Cape Town, Cambridge and Oxford. After starting his academic career lecturing at Stellenbosch
Ezra Davids
Ezra Davids, an alumnus of the University of Cape Town (UCT) and Harvard Law School Executive Programme, is Chairman and
Kate Hofmeyr
Kate Hofmeyr is a senior counsel practising at the Johannesburg and Cape Bars. She has a varied practice with a
Mpumelelo Mkhabela
Dr Mpumelelo Mkhabela is a political analyst who had a successful career as a journalist and editor. He edited some
Beatrice Mtetwa
Beatrice Mtetwa is a Zimbabwe-based lawyer who graduated from the then University of Botswana and Swaziland with an LLB degree
Upcoming Events
RHODES UNIVERSITY PUBLIC LECTURE: Is the Judicial Service Commission “fit for purpose?” A Reflection over 15 years.
View Online The Judicial Service Commission (“JSC”) has two functions: It appoints judges and investigates complaints against them for misconduct. The JSC must protect the
The Role of the Judiciary, the Media and Parliament in Slapping Back.
Inaugural lecture hosted by Freedom Under Law and the University of Stellenbosch Department of Journalism. Join us for this inaugural lecture emphasising the importance of
Ongoing Cases
Freedom Under Law V Motata
SCA judgment -22 June
On 22 June, the Supreme Court of Appeal handed down judgment in Freedom Under Law v JSC.
Judge President Hlophe Matter
Gross misconduct, Judge President John Hlophe, Wester Cape High Court After a period of thirteen years since the then judges of the Constitutional Court directed a complaint
FUL’s Intervention in the Social Grants Crisis
The matter concerns the operation of a contract for the payment of social grants. A third of the country’s citizens are recipients of these grants.
Freedom Under Law v Motata
(33227/2020) [2021] ZAGPPHC 14 PDF Format IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER
Concluded Cases
Chief Justice Sandile Ncgobo
Confused by the judicial crisis gripping South Africa? Not quite sure why Chief Justice Sandile Ngcobo is stepping down? Here are the answers you’ve been
FUL Supports Opening of Candidate Registration for Local Elections
Constitutional Court, Electoral Commission, Local Government Elections The Constitutional Court has recently been petitioned to make orders relating to the upcoming municipal elections. The latest application by
FUL’s Intervention in Application to Postpone Local Elections
Constitutional Court, Electoral Commission, Local Government Elections The Constitutional Court recently heard argument from a number of parties in a vigorously contested constitutional case. The Electoral Commission
Richard Mdluli
In September 2020, Richard Mdluli, former head of Crime Intelligence in the SAPS, was sentenced in the High Court, Johannesburg to an effective five years
Review of the Appointment of General Mthandazo Ntlemeza as Head of the Hawks
FUL together with the Helen Suzman Foundation brought an application to set aside the appointment of General Ntlemeza as the new head of the Hawks.
Review of Withdrawal of Charges against Former NDPP Nomgcobo Jiba
Following the appointment of Shaun Abrahams to the post of NDPP, Abrahams announced his withdrawal of perjury and fraud charges against Nomgcobo Jiba, a fomer
Service Providers
Freedom Under Law expresses its gratitude for the fully pro bono or subsidised professional expertise and time of these agencies. We would not be able to function without this invaluable support.
