SAHRC welcomes Cape jogger ruling

2013-06-18 22:25

(Shutterstock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

kalahari.com

Johannesburg - A court ruling dismissing an application by Police Minister Nathi Mthethwa for a review of findings in a matter involving a Cape Town jogger was welcomed on Tuesday.

"We are very pleased with [the judge's] finding that the minister must respect the [SA Human Rights Commission (SAHRC)] and the work done by the commission," its chairperson Lawrence Mushwana said in a statement.

"This should really send the message to other government officials who do not co-operate with the commission or its findings."

The South Gauteng High Court in Johannesburg found in favour of the commission last week and dismissed the minister's application with punitive costs.

Police ministry spokesperson Zweli Mnisi said Mthethwa had not undermined the commission, but had raised valid Constitutional issues.

The issue was whether litigants should have access to many forums in which to "ventilate their complaints against the state", or if a particular forum within which to do so should be established, said Mnisi.

"The judgment does not clarify this important Constitutional issue, and may lead to extensive cherry-picking by litigants in the future."

The SAHRC found in July 2011, that a number of political science student Chumani Maxwele's rights had been violated.

Maxwele was detained in February 2010 and was quizzed about his political affiliations after he showing a rude hand sign to a convoy carrying President Jacob Zuma while jogging.

He alleged that his head was covered, his legs were tied, he was taken to two different police stations for interrogation, and that his home was searched.

Maxwele said he was held a day without being fed, and was released by the Wynberg Magistrate's Court without appearing.

Review application

SAHRC spokesperson Isaac Mangena said the SAHRC found against Mthethwa and the president's Special Protection Unit (SPU).

In January 2012, the minister brought an application to review, set aside and substitute the SAHRC's decision on appeal, Mangena said.

In a hearing on Wednesday, the South Gauteng High Court in Johannesburg criticised Mthethewa's behaviour and reminded him of his constitutional duties.

"[The judge] found that the minister had displayed a disconcerting attitude which, if not downright contemptuous of the commission, at the very least showed disrespect for the commission's standing as a body instituted by the Constitution...," Mangena said.

"The judge accordingly found that the minister's conduct fell far short of its duty to assist the commission," he said.

Mthethwa noted and respected the judgment, Mnisi said.

"The minister instituted the review proceedings on legitimate grounds that the findings of the SAHRC could impact on the legal proceedings instituted against the minister in this matter," he said.

"The legal proceedings in this matter are at an advanced stage and are likely to be settled."

- SAPA
Read more on:    sahrc  |  chumani maxwele  |  lawrence mushwana  |  jacob zuma  |  nathi mthethwa  |  cape town  |  johannesburg
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
13 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Movies
Traffic & Train Alerts
Traffic
Cape Town 06:03 AM
Road name: MetroRail

Train services between Nyanga/Chris Hani (Khayelitsha) and Nyanga/Kapteinsklip remain SUSPENDED - all stations on these sections are CLOSED

Langa 05:59 AM
Road name: N2 Inbound

SARIOUS CRASH at the N7 off-ramp - RAMP CLOSED

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Up to 60% off - clearance sale!

Save up to 60% on appliances, books, electronics, toys, movies and more. Offer valid while stocks last. Shop now!

Deal of the Week!

Get bestselling John Green novels now just R99 each! Hurry and get yours while stocks last. Shop here.

Mind blowing deals on beauty & fragrances

Save up to 30% off beauty and fragrances. Offer valid while stocks last. Shop now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Jan 21 - Feb 18
Jan 21 - Feb 18

You may be inspired to do things that expand your mind in a big way today. You have a need to explore and a need to please....read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.