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Ramaphosa urges renewed commitment to constitutionalism at 30th anniversary of Constitutional Court
Ramaphosa urges renewed commitment to constitutionalism at 30th anniversary of Constitutional Court

News24

time7 hours ago

  • Politics
  • News24

Ramaphosa urges renewed commitment to constitutionalism at 30th anniversary of Constitutional Court

President Cyril Ramaphosa calls for continued recognition of the Constitutional Court's role in upholding democracy. He noted the gap between the Constitution's promises and the daily struggles of many South Africans, especially regarding basic service delivery. Ramaphosa confirmed steps to ensure judicial independence, including giving the judiciary control over its own budget and operations. As the country marked the 30th anniversary of the establishment of the Constitutional Court, President Cyril Ramaphosa has called on all sectors of South African society to recommit to the principles of constitutionalism. Speaking at Constitution Hill in Johannesburg on Friday, Ramaphosa said the occasion was not only a celebration, but also an opportunity for reflection and renewed purpose. READ: Families of apartheid victims launch R167m constitutional legal action against government for justice failures 'The Constitutional Court was established as a bold response to a painful past, a past in which the law was used to exclude, repress and divide,' Ramaphosa said. 'Thirty years later, this institution continues to serve as a cornerstone of our democracy.' He paid tribute to the founding justices and legal professionals who had helped shape the court's jurisprudence in its formative years. Reflecting on the symbolism of the court's location on the site of an apartheid-era prison and military fort, Ramaphosa said the institution represented a transformation of justice in South Africa. This building, once a place of suffering, now houses a court that upholds dignity, equality and freedom. Cyril Ramaphosa Ramaphosa recalled his role as chair of the Constitutional Assembly when the Constitution was adopted in 1996. He likened the document to a birth certificate for the nation, affirming its identity, legitimacy and access to rights. Without it, he said, the country would be 'cast adrift and vulnerable to the excesses of unchecked power'. The president acknowledged the court's legacy in shaping democratic life and delivering key judgments on housing, healthcare and equality. He highlighted landmark rulings such as the abolition of the death penalty in S v Makwanyane, the right to housing in the Government of the Republic of South Africa v Grootboom, and access to HIV treatment in Minister of Health v Treatment Action Campaign. These were not just legal decisions; they changed lives and contributed to building a more inclusive society. Ramaphosa The president was candid about the continuing challenges facing constitutionalism in South Africa. He pointed to the gap between the rights promised in the Constitution and the lived reality of many citizens, citing persistent inequality, service delivery failures and delays in the implementation of court orders. 'The irony of praising judgments that affirm socioeconomic rights, while the state must be compelled to fulfil them, is not lost on us,' he said. 'People should not have to go to court to access basic services.' He noted that, while the judiciary had remained largely resilient in the face of political and societal pressures, systemic challenges continued to affect its ability to function effectively. The Constitutional Court, in particular, has faced mounting caseloads since its jurisdiction was expanded in 2013 to include matters of general public importance. In response, Ramaphosa announced progress in addressing judicial independence and institutional support. He confirmed that the judiciary would soon enjoy full independence, with control over its own budget and administration – a long-standing concern among legal stakeholders. 'This anomaly in our constitutional architecture is being resolved,' he said. The judiciary will now stand as an equal branch of the state, alongside the executive and the legislature. Ramaphosa Budget allocations for 2024/25 have included funding for court services and judicial training, and to fill vacancies. Ramaphosa reaffirmed government's commitment to supporting the judiciary through infrastructural, financial and administrative means. He also acknowledged the role of civil society, legal practitioners and the public in upholding the rule of law. 'The court derives its legitimacy from the public's confidence in the justice system.' Ramaphosa concluded by urging all South Africans to ensure that the values enshrined in the Constitution continued to define the country's national identity. 'As we look to the next 30 years, we must ensure that the Constitutional Court remains a living institution, principled, responsive and rooted in human dignity.' He paid tribute to former president Nelson Mandela, who inaugurated the court in 1995, saying: 'He would be proud that this institution continues to serve the people with strength and integrity.'

Why can't our children read?
Why can't our children read?

The Herald

time9 hours ago

  • General
  • The Herald

Why can't our children read?

The long shadow of apartheid To understand this crisis, we must first confront our history. Under apartheid's Bantu Education system, black pupils, particularly in rural areas, were deliberately denied quality education. Schools were under-resourced, teachers were underqualified and mother tongue education was politicised and poorly implemented. Though democracy promised change, rural schools remain neglected, lacking libraries, literacy materials and trained language teachers. The legacy of systemic neglect lives on in the crumbling infrastructure and overcrowded classrooms. Even more damaging is the cycle it has created: teachers who were failed by the system now struggle to support the pupils they teach. The mother tongue dilemma IsiXhosa, like all indigenous languages, deserves to be a strong foundation for learning. While the curriculum supports home-language instruction in the foundation phase, implementation is inconsistent and under-resourced. Many pupils speak regional dialects of isiXhosa, and these varieties differ from the standardised form used in textbooks. At home, a child is exposed to isiXhosa that is structurally and phonetically different from what they hear in class. Instead of recognising this as natural linguistic diversity, the education system treats it as a problem. Pupils end up being told, implicitly or explicitly, that the language they speak at home is 'wrong'. Worse still, by grade 4, pupils must abruptly switch to English as the language of learning and teaching. This pedagogically unsound shift occurs before they've developed academic proficiency in either language. Instead of building understanding, they resort to memorising and mimicking. The English illusion There is a dangerous assumption in many rural schools that introducing English earlier, or more aggressively, will improve literacy outcomes. Yet, more English doesn't help if neither pupils nor teachers understand it. English First Additional Language (FAL) is often taught by educators who are not confident in the language themselves. Lessons rely on rote repetition, not meaning making. There is little focus on vocabulary development, reading fluency or comprehension strategies. English then becomes an empty ritual, not a tool for expression or exploration. Pupils become passive receivers of language, not active users. They learn to fear reading instead of enjoying it. The role of teachers This is not to blame teachers, many of whom work in incredibly difficult conditions, but rather to highlight a critical system failure. Initial teacher education programmes do not adequately prepare teachers for multilingual, rural classrooms. Ongoing professional development is rare or irrelevant. Many foundation phase teachers are generalists without specialised training in teaching reading, particularly in isiXhosa or English FAL. Furthermore, large class sizes, often exceeding 40 pupils, and the absence of classroom libraries or storybooks make it almost impossible to implement effective reading instruction. How do you teach 40 children to decode, infer, predict and reflect when you have one textbook and no space to move? What can be done? This crisis is not unsolvable. It only requires political will, targeted investment and a shift in mindset. Extend and improve mother-tongue instruction Pupils should be taught in isiXhosa as a LoLT ( language of learning and teaching) for longer, ideally until grade 6, while gradually building English proficiency. This dual-focus model works in other multilingual countries and aligns with research on language acquisition. However, it must be supported by well-developed isiXhosa materials that reflect the dialects and realities of rural pupils. Professionalise reading instruction Every foundation phase teacher should be a reading specialist. This requires dedicated training on how to teach reading in both isiXhosa and English FAL. In-service teacher support — coaching, mentoring, classroom demonstrations — should be ongoing, not a one-off workshop. Create reading corners in all classrooms Reading cannot flourish in a bookless environment. The government, NGOs and publishers must work together to produce low-cost, high-interest books in isiXhosa and English. These books must be culturally relevant and linguistically accessible. A classroom without storybooks is like a swimming pool without water. Embrace linguistic diversity Dialectal differences in isiXhosa should be embraced, not erased. Teachers need training on linguistic diversity, and pupils must be encouraged to see their home language as a strength. Language is not the barrier; it is the key. Empower parents and communities Parents may not be able to help with English homework, but they can tell stories, sing songs and engage in isiXhosa conversations that build vocabulary and imagination. Community radio, WhatsApp groups and community libraries can all play a role in supporting home literacy. Reading is liberation A child who cannot read is locked out of learning. For rural isiXhosa-speaking pupils in the Eastern Cape, the lock is not just illiteracy, it is inequality, history and neglect. However, the key is within reach. Reading is not a luxury, it is liberation. Until every child can read for meaning both in isiXhosa and English, and establish their own voice, our mission is not complete. Dr Nontsikelelo Ndabeni and Dr Siziwe Dlepu are lecturers in the Department of Humanities and Creative Arts Education at Walter Sisulu University This special report into the state of literacy, a collaborative effort by The Herald, Sowetan, and Daily Dispatch, was made possible by the Henry Nxumalo Foundation

Prosecutors to present final arguments in first African Nobel Peace Prize winner's murder case
Prosecutors to present final arguments in first African Nobel Peace Prize winner's murder case

Russia Today

time9 hours ago

  • Politics
  • Russia Today

Prosecutors to present final arguments in first African Nobel Peace Prize winner's murder case

South African National Prosecuting Authority (NPA) advocates have been given four months to give Judge Nompumelelo Radebe a convincing argument that Inkosi Albert Luthuli was killed by apartheid operatives, not a goods train as was officially found soon after he died in 1967. Advocates Ncedile Dunywa, Annah Chuene, Siyabonga Ngcobo, and Xolani Msimango concluded, leading several people with evidence on June 11. Since the beginning of the inquest at the Pietermaritzburg High Court on April 14, the advocates have led an array of witnesses with evidence. Those who testified included South African Police (SAPS) members, Directorate for Priority Crime Investigation (DPCI) officials, scene reconstruction and simulation experts, forensic analysts, medical evidence, family members of Chief Luthuli, anti-apartheid activists, and friends of Luthuli. Former justice minister Jeff Radebe also testified. The matter was postponed from June 11 to October 13, where the advocates would be given until October 16 to give closing arguments. The same court also postponed on June 17 the inquest on the death of another struggle stalwart, Griffiths Mxenge, who was killed by stabbing in Umlazi on November 19, 1981, to October 9. The Mxenge matter was first postponed on 14 April to give those who felt they might be implicated in his death, who were apartheid police officers at the time, a chance to apply for the government to provide them with legal representatives, as they were employed by the state when Mxenge was killed. The court first postponed Mxenge's matter to June 17, which was the holding date to establish if the officers had succeeded in finding lawyers. On their return on June 17, the court heard that their applications to have the state-provided lawyers were still pending. Since the beginning of Luthuli's inquiry, scores of Luthuli's family members, ANC leaders and supporters have been frequenting the court to hear what caused the death of the president-general of Africa's biggest liberation movement and the Nobel Peace Prize winner. Luthuli died at the age of 69 at the Stanger Hospital on July 21, 1967, hours after he was found with multiple head and upper-body injuries at the railway line Mvoti River bridge. The inquest heard that even his death at the hospital was questionable because he was not afforded proper medical attention that could have saved his life. The NPA instituted an inquiry as there were beliefs that the initial inquest conducted in September 1969 misled the public about the cause of his death. Magistrate C.I. Boswell, who presided over the inquest at the Stanger Magistrate's Court, had concluded that Luthuli had been hit by the goods steam train that was traveling to Durban as he was crossing the bridge to his sugarcane farm. The report indicated that Luthuli might not have heard the train hooting or seen it coming, despite that it was approaching him from the front. Another theory was that Luthuli deliberately ignored the train to kill himself. However, experts who testified before Judge Radebe indicated that Luthuli was likely attacked. The experts were backed by the National Archives Advisory Council chairperson, Sibongile Mnyandu-Nzimande, who testified that her family member witnessed white men assaulting Luthuli with a shovel near the bridge where the train was stationed. Mnyandu-Nzimande told the judge that her relative, who was a messenger transporting documents between Luthuli and her grandfather, was few days later taken away by police to state what he witnessed, but was never found again. At the beginning of the inquest, Dunywa said the outcome of the inquest, held the same year Luthuli died, was not based on fact and evidence, 'but rather on the suppression of justice aimed at ensuring that the perpetrators remained hidden and protected'. He said Boswell wrote correspondence on August 4, 1967, preempting the outcome even before the evidence was presented before him. Dunywa stated that Boswell communicated his written opinion to the Secretary of Justice that 'I had to report that an inquest in connection with the death of Albert John Luthuli will be held at Stanger by me on 19 September 1967 at 10 am. 'From the report available at present, I do not expect the finding to be anything other than accidental. The cause of death furnished by the district sergeant might be questioned by the relatives, but I can not anticipate on what grounds the dispute is raised.'First published by IOL

South Africa opens a new inquiry into apartheid-era killings known as Cradock Four
South Africa opens a new inquiry into apartheid-era killings known as Cradock Four

CTV News

timea day ago

  • Politics
  • CTV News

South Africa opens a new inquiry into apartheid-era killings known as Cradock Four

A sign displayed on a beach in the Western Cape Province reads "White Area" during the apartheid in South Africa on June 23, 1976. (AP Photo, File) JOHANNESBURG — When Nombuyiselo Mhlauli was given her husband's body back for burial, he had more than 25 stab wounds in his chest and seven in his back, with a gash across his throat. His right hand was missing. Sicelo Mhlauli was one of four Black men abducted, tortured and killed 40 years ago this month by apartheid-era security forces in South Africa. No one has been held accountable for their deaths. But a new judge-led inquiry into the killings of the anti-apartheid activists who became known as the Cradock Four — and who became a rallying cry for those denied justice — opened this month. It is part of a renewed push for the truth by relatives of some of the thousands of people killed by police and others during the years of white minority rule and enforced racial segregation. Mhlauli described the state of her husband's body during testimony she gave at the start of the inquiry in the city of Gqeberha, near where the Cradock Four were abducted in June 1985. Relatives of some of the three other men also testified. Thumani Calata never got to know her father, Fort Calata, who had been a teacher. She was born two weeks after the funerals of the Cradock Four, which drew huge crowds and galvanized resistance to apartheid. 'I don't know how it feels, and I will never know how it feels, to be hugged by my dad,' Thumani Calata, now 39, told the inquiry as she wept. Two previous inquiries were held during apartheid. A two-year inquest that started in 1987 found the men were killed by unknown people. Another in 1993 said they were killed by unnamed policemen. Desmond Tutu FILE - in this April, 20, 2006 file photo former Truth And Reconciliation Commissioner Archbishop Emeritus Desmond Tutu, during a public debate on the legacy of the TRC. in Cape Town, South Africa. Tutu has questioned Thursday, Feb. 11, 2016, why it took so long for South African prosecutors to charge former members of the apartheid-era security forces for the 1983 murder of an activist. (AP Photo/Obed Zilwa, File) (Obed Zilwa/The Associated Press) Police officers implicated have since died Relatives of the Cradock Four likely will never see justice. The six former police officers directly implicated in the abductions and killings have died, the last one in 2023. None was prosecuted despite the post-apartheid Truth and Reconciliation Commission identifying them and denying them amnesty in the late 1990s. That commission, set up by then-President Nelson Mandela, attempted to confront the atrocities of apartheid in the years after the system officially ended in 1994. While some killers were granted amnesty, more than 5,000 applications were refused and recommended for criminal investigation. Hardly any made it to court. Oscar van Heerden, a political analyst at the University of Johannesburg, said the bitter emotion of relatives at the Cradock Four inquiry showed wounds have not healed. 'Where it was felt that truth was not spoken and there wasn't sufficient evidence to warrant forgiveness, those were cases that were supposed to be formally charged, prosecuted and justice should have prevailed,' van Heerden said. 'None of that happened.' South Africa-Apartheid Killings FILE - National Party leader and former South African president F.W. deKlerk, left, talks to his associate, Leon Wessel, after handing over his party's submission to the Truth and Reconciliation Commission to the commission's chairman Archbishop Desmond Tutu in Cape Town, Aug. 21 1996. (AP Photo /Sasa Kralj, File) (SASA KRALJ/AP) Taking the government to court The failure by post-apartheid governments for 25 years to pursue cases is now being scrutinized. Frustrated, the families of the Cradock Four finally forced authorities to rule last year that there would be a new inquiry into the killings. They also joined with a group of relatives of other apartheid-era victims to take the South African government to court this year over the failure to investigate so many crimes. As part of the settlement in that case, South African President Cyril Ramaphosa ordered a national inquiry led by a retired judge into why apartheid-era killers were not brought to justice. The inquiry, which has not opened yet, threatens to expose further uncomfortable moments for South Africa. While the majority of victims of political violence during apartheid were Black and other people of color, some were white, and families have come together across racial lines. A group of survivors and relatives from the 1993 Highgate Hotel massacre, where unknown men opened fire in a bar full of white customers, joined with the Cradock Four families and others in the case against the government. They allege that post-apartheid authorities deliberately blocked investigations. Other inquests have been reopened, including one into the 1967 death of Albert Luthuli, who was president of the banned anti-apartheid African National Congress movement when he was hit by a train. Luthuli's death has been viewed with suspicion for more than 50 years. Last chance to know the truth At the Cradock Four inquiry, which is expected to resume in October for more testimony, Howard Varney, a lawyer for the families, said this is their last chance to know the truth. The new inquiry has attempted to retrace the killings, from the moment of the men's abduction at a nighttime police roadblock to the time their bodies were discovered, burned and with signs of torture. The families also want a former military commander and ex-police officers who may have knowledge of the killings to testify. Lukhanyo Calata, the son of Fort Calata, said he accepted it was unlikely anyone would ever be prosecuted over the death of his father and his friends Mhlauli, Matthew Goniwe and Sparrow Mkonto. But he said he wants official records to finally show who killed them. 'Justice now can really only come in the form of truth,' Lukhanyo Calata told The Associated Press. 'They may not have been prosecuted, they may not have been convicted, but according to court records, this is the truth around the murders of the Cradock Four.' Article by Michelle Gumede.

Cradock Four: South Africa opens new inquiry into apartheid-era torture and killings
Cradock Four: South Africa opens new inquiry into apartheid-era torture and killings

The Independent

time2 days ago

  • Politics
  • The Independent

Cradock Four: South Africa opens new inquiry into apartheid-era torture and killings

When Nombuyiselo Mhlauli was given her husband's body back for burial, he had more than 25 stab wounds in his chest and seven in his back, with a gash across his throat. His right hand was missing. Sicelo Mhlauli was one of four Black men abducted, tortured and killed 40 years ago this month by apartheid-era security forces in South Africa. No one has been held accountable for their deaths. But a new judge-led inquiry into the killings of the anti-apartheid activists who became known as the Cradock Four — and who became a rallying cry for those denied justice — opened this month. It is part of a renewed push for the truth by relatives of some of the thousands of people killed by police and others during the years of white minority rule and enforced racial segregation. Mhlauli described the state of her husband's body during testimony she gave at the start of the inquiry in the city of Gqeberha, near where the Cradock Four were abducted in June 1985. Relatives of some of the three other men also testified. Thumani Calata never got to know her father, Fort Calata, who had been a teacher. She was born two weeks after the funerals of the Cradock Four, which drew huge crowds and galvanized resistance to apartheid. 'I don't know how it feels, and I will never know how it feels, to be hugged by my dad,' Thumani Calata, now 39, told the inquiry as she wept. Two previous inquiries were held during apartheid. A two-year inquest that started in 1987 found the men were killed by unknown people. Another in 1993 said they were killed by unnamed policemen. Relatives of the Cradock Four likely will never see justice. The six former police officers directly implicated in the abductions and killings have died, the last one in 2023. None was prosecuted despite the post-apartheid Truth and Reconciliation Commission identifying them and denying them amnesty in the late 1990s. That commission, set up by then-President Nelson Mandela, attempted to confront the atrocities of apartheid in the years after the system officially ended in 1994. While some killers were granted amnesty, more than 5,000 applications were refused and recommended for criminal investigation. Hardly any made it to court. Oscar van Heerden, a political analyst at the University of Johannesburg, said the bitter emotion of relatives at the Cradock Four inquiry showed wounds have not healed. 'Where it was felt that truth was not spoken and there wasn't sufficient evidence to warrant forgiveness, those were cases that were supposed to be formally charged, prosecuted and justice should have prevailed," van Heerden said. "None of that happened.' The failure by post-apartheid governments for 25 years to pursue cases is now being scrutinized. Frustrated, the families of the Cradock Four finally forced authorities to rule last year that there would be a new inquiry into the killings. They also joined with a group of relatives of other apartheid-era victims to take the South African government to court this year over the failure to investigate so many crimes. As part of the settlement in that case, South African President Cyril Ramaphosa ordered a national inquiry led by a retired judge into why apartheid-era killers were not brought to justice. The inquiry, which has not opened yet, threatens to expose further uncomfortable moments for South Africa. While the majority of victims of political violence during apartheid were Black and other people of color, some were white, and families have come together across racial lines. A group of survivors and relatives from the 1993 Highgate Hotel massacre, where unknown men opened fire in a bar full of white customers, joined with the Cradock Four families and others in the case against the government. They allege that post-apartheid authorities deliberately blocked investigations. Other inquests have been reopened, including one into the 1967 death of Albert Luthuli, who was president of the banned anti-apartheid African National Congress movement when he was hit by a train. Luthuli's death has been viewed with suspicion for more than 50 years. At the Cradock Four inquiry, which is expected to resume in October for more testimony, Howard Varney, a lawyer for the families, said this is their last chance to know the truth. The new inquiry has attempted to retrace the killings, from the moment of the men's abduction at a nighttime police roadblock to the time their bodies were discovered, burned and with signs of torture. The families also want a former military commander and ex-police officers who may have knowledge of the killings to testify. Lukhanyo Calata, the son of Fort Calata, said he accepted it was unlikely anyone would ever be prosecuted over the death of his father and his friends Mhlauli, Matthew Goniwe and Sparrow Mkonto. But he said he wants official records to finally show who killed them. ' Justice now can really only come in the form of truth,' Lukhanyo Calata told The Associated Press. 'They may not have been prosecuted, they may not have been convicted, but according to court records, this is the truth around the murders of the Cradock Four.'

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