Latest news with #judicialindependence
News24
3 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.'
Reuters
5 hours ago
- Politics
- Reuters
Tunisian court hands 15‑year sentence to opposition figure Sahbi Atig
TUNIS, June 20 (Reuters) - A Tunisian court has sentenced Sahbi Atig, a senior official in Ennahda, the country's main opposition party, to 15 years in prison on charges of money laundering, his lawyer said on Friday, the latest move against opposition figures under President Kais Saied. Atig was detained in 2023, one of many opponents of Saied who have been imprisoned since the president began expanding his powers in 2021, dissolving parliament and ruling by decree in what critics have denounced as a coup. Saied has said that all his steps are legal and aimed at ending years of rampant corruption and holding accountable what he calls a corrupt elite. Atig denied the charges against him, saying they were fabricated. "The verdict aims to eliminate political opponents and lacks any credible evidence,' Atig's lawyer, Mokthar Jmaayi, told Reuters. "It is a continuation of the punishment of opponents by using the judiciary and distracting people from their real problems,' he added. The 15-year sentence was shorter than some sentences handed down recently. In April, a court sentenced a string of opposition leaders, businessmen and lawyers to prison terms of up to 66 years, on charges of conspiring. Saied has dissolved the Supreme Judicial Council and dismissed dozens of judges in 2022, raising concerns about judicial independence. The president has said he does not interfere in the judiciary and that his actions aim to purge the judiciary of corrupt judges. Most of the leaders of political parties in Tunisia are in prison, including Abir Moussi, leader of the Free Constitutional Party, and Rached Ghannouchi, the head of Ennahda - two of Saied's most prominent opponents.
Free Malaysia Today
4 days ago
- Politics
- Free Malaysia Today
PN calls for review of Article 121
PN chief whip Takiyuddin Hassan said judicial independence is the foundation of a mature democracy. (Bernama pic) PETALING JAYA : Perikatan Nasional (PN) has recommended that Article 121 of the Federal Constitution be reviewed with the aim of restoring the judiciary's original powers as a co-equal branch of government. In a statement, PN chief whip Takiyuddin Hassan said judicial independence was the foundation of a mature democracy. 'Malaysians have a right to a legal system that functions 'without fear or favour' – one that is firm, fair, and independent. 'The decisions made now will shape public trust in the judiciary for decades to come,' he said, adding that the judiciary should be protected from any form of interference. Before 1988, the constitution stated that judicial power was vested in the High Court of Malaya and the High Court of Sabah and Sarawak. However, an amendment made during the tenure of former prime minister Dr Mahathir Mohamad said the jurisdiction and power of the court 'may be conferred by or under federal law'. Takiyuddin, a lawyer by training, also called for the Judicial Appointments Commission to be given full autonomy to carry out its duties without political pressure, especially from the executive branch. He said that recommended candidates must be chosen based on merit, integrity, and seniority, not political affiliations or preferences.
LBCI
11-06-2025
- Politics
- LBCI
Justice Minister Nassar stresses state authority over arms, vows to shield judiciary from politics
Justice Minister Adel Nassar emphasized that building a state requires that all weapons be under the state's authority, noting significant progress on the issue since he took office. In a press conference, Nassar affirmed that weapons outside the control of the Lebanese state are unacceptable and that exclusive state control over arms is a core element of state-building. He stated: 'We worked on the Judicial Independence Law and appointments, and there is no regularity in judicial work, especially regarding the port explosion investigation and assassinations, including the killing of Lokman Slim.' He added: 'I am against politicizing or exploiting any case in the judiciary. I am here to create the conditions necessary for order, and I do not interfere in investigations.' Nassar confirmed that the Judicial Inspection Authority is highly effective and doing its job seriously, noting that results will become evident over time. He also mentioned that a large French delegation will visit Lebanon at the end of this month to support the work of the judicial institute, which is a cornerstone in preparing future judges. Nassar stressed that he is not engaged in political battles over judicial appointments and is working to keep the process free from political disputes.
CBS News
10-06-2025
- Politics
- CBS News
Trump White House urges court not to dismiss case against Wisconsin judge accused of helping man avoid ICE
The Trump administration argued Monday that charges should not be dropped against a Wisconsin judge who was indicted for allegedly helping a man who is in the country evade U.S. immigration agents seeking to arrest him in her courthouse. Attorneys for the U.S. Department of Justice urged a federal judge to reject a motion filed by Milwaukee County Circuit Judge Hannah Dugan seeking to dismiss the charges against her, saying doing so would be "unprecedented" and allow judges to be above the law. Dugan faces a July 21 trial in the case that escalated a clash between Trump's administration and opponents over the Republican president's sweeping immigration crackdown. Trump critics contend that Dugan's arrest went too far and that the administration is trying to make an example out of her to discourage judicial opposition to the crackdown. Dugan is charged with concealing an individual to prevent arrest, a misdemeanor, and obstruction, which is a felony. Prosecutors say she escorted Eduardo Flores-Ruiz, 31, and his lawyer out of her courtroom through a back door on April 18 after learning that U.S. Immigration and Customs Enforcement agents were in the courthouse seeking to arrest him for being in the country illegally. She could face up to six years in prison and a $350,000 fine if convicted on both counts. Her attorneys say she's innocent. They filed a motion last month to dismiss the case, saying she was acting in her official capacity as a judge and therefore is immune to prosecution. They also maintain that the federal government violated Wisconsin's sovereignty by disrupting a state courtroom and prosecuting a state judge. Justice Department attorneys responded in a court filing Monday, saying dismissing the charges against the judge on the grounds that she is immune would be unprecedented and would ignore "well-established law that has long permitted judges to be prosecuted for crimes they commit." "Such a ruling would give state court judges carte blanche to interfere with valid law enforcement actions by federal agents in public hallways of a courthouse, and perhaps even beyond," Justice Department attorneys argued. "Dugan's desired ruling would, in essence, say that judges are 'above the law,' and uniquely entitled to interfere with federal law enforcement." Dugan's attorney, Craig Mastantuono, declined to comment on the government's argument, saying the judge stood behind her court filings. In her motion to dismiss, Dugan argued that her conduct amounted to directing people's movement in and around her courtroom, and that she enjoys legal immunity for official acts she performs as a judge. She also accused the federal government of violating Wisconsin's sovereignty by disrupting a state courtroom and prosecuting a state judge. Dugan's case is similar to one brought during the first Trump administration against a Massachusetts judge, who was accused of helping a man sneak out a courthouse back door to evade a waiting immigration enforcement agent. That case was eventually dismissed. According to prosecutors, Eduardo Flores-Ruiz illegally reentered the U.S. after being deported in 2013. He was charged in March with misdemeanor domestic violence in Milwaukee County and was in Dugan's courtroom for a hearing in that case on April 18. Dugan's clerk alerted her that immigration agents were in the courthouse looking to arrest Flores-Ruiz, prosecutors allege in court documents. According to an affidavit, Dugan became visibly angry at the agents' arrival and called the situation "absurd." After discussing the warrant for Flores-Ruiz's arrest with the agents, Dugan demanded that they speak with the chief judge and led them away from the courtroom. She then returned to the courtroom, was heard saying something to the effect of "wait, come with me," and then showed Flores-Ruiz and his attorney out a back door, the affidavit says. The immigration agents eventually detained Flores-Ruiz outside the building following a foot chase. Dugan, 66, was arrested by the FBI on April 25 at the courthouse. A grand jury indicted Dugan on May 13 and she pleaded not guilty on May 15. A legal defense fund created by Dugan supporters to help pay for her high-profile defense attorneys has raised more than $137,000 in three weeks from more than 2,800 donors. Her legal team includes former U.S. Attorney Steve Biskupic and former U.S. Solicitor General Paul Clement. Both were appointed by Republican presidents. She has also hired prominent attorneys in Milwaukee and Madison. "This is an impressive show of support for the defense fund, highlighting that the public believes in protecting a fair and independent judiciary," former Supreme Court Justice Janine Geske, the fund's trustee, said Monday. "The fund will continue to raise grassroots donations and uphold strict guidelines to ensure transparency and accountability." Dugan is not required to list the donor names until she submits her annual financial disclosure form, which is due in April. Numerous people are prohibited from donating, including Milwaukee County residents; attorneys who practice in the county; lobbyists; judges; parties with pending matters before any Milwaukee County judge; and county employees.
