To discuss the unanimous judgment of the Constitutional Court in Minister of Police and Others v Premier of the Western Cape and Others, as well as its implications for policing, the power of provinces, and intergovernmental cooperation.
Recently, the judgment of the Delhi High Court granted the bail to three activists, who have been in jail for over a year without trial, for their alleged role in the 2020 Delhi riots.
The judgment assumes significance because the charges were under the Unlawful Activities Prevention Act (UAPA), 1967. UAPA is criticized by the civil society as antithetical to constitutional freedom to dissent, rule of law and fair trial.
The Delhi high court judgement is a step in the right direction, but there are many issues associated with the UAPA.
I have presented this slide before my course teacher. Now I am publishing this slide for all Students in Bangladesh which may help them for their study.
Recently, the judgment of the Delhi High Court granted the bail to three activists, who have been in jail for over a year without trial, for their alleged role in the 2020 Delhi riots.
The judgment assumes significance because the charges were under the Unlawful Activities Prevention Act (UAPA), 1967. UAPA is criticized by the civil society as antithetical to constitutional freedom to dissent, rule of law and fair trial.
The Delhi high court judgement is a step in the right direction, but there are many issues associated with the UAPA.
I have presented this slide before my course teacher. Now I am publishing this slide for all Students in Bangladesh which may help them for their study.
The Eagle is a production of the Economic and Financial Crimes Commission, EFCC, Nigeria's foremost anti-graft agency. On this platform, you will watch how the Commission is working hard to rid Nigeria of all forms of Economic and Financial Crimes.
INDIA CEO FORUM ON BUSINESS AND HUMAN RIGHTS, February 13, 2012GlobalCompact
The India CEO Forum is a two-year Global Compact Network India initiative, kindly chaired by Shri N. R. Narayana Murthy
Founder and Chairman Emeritus, Infosys
The Eagle is a production of the Economic and Financial Crimes Commission, EFCC, Nigeria's foremost anti-graft agency. On this platform, you will watch how the Commission is working hard to rid Nigeria of all forms of Economic and Financial Crimes.
INDIA CEO FORUM ON BUSINESS AND HUMAN RIGHTS, February 13, 2012GlobalCompact
The India CEO Forum is a two-year Global Compact Network India initiative, kindly chaired by Shri N. R. Narayana Murthy
Founder and Chairman Emeritus, Infosys
The Sri Lankan Law is based on the Common Law System. Despite having a sound legal system, it is common notion how certain people exploit the loopholes of it and go above and beyond the law to escape the harsh punishment. This article, looks on how the legal system in Sri Lanka can be approved for a better society and a better tomorrow to combat the rising crime rate in Sri Lanla
The role of the Indonesian Attorney General’s Office as dominus litis in the ...Gunung Agung
PERAN KEJAKSAAN RI SEBAGAI DOMINUS LITIS DALAM
KEKISRUHAN KPK VS POLRI
http://mappifhui.org/2015/10/22/peran-kejaksaan-ri-sebagai-dominus-litis-dalam-kekisruhan-kpk-vs-polri/
There are many 'red-notes' for recovering the assets against financing-crime in Indonesia. The Asset Confiscation Bill represents a significant step forward by incorporating Non-Conviction-Based Asset Forfeiture. NCB-AF is a powerful tool in the fight against illicit activities, allowing the seizure of assets tied to criminal actions, even without a conviction. As we move forward, it is imperative to ensure that safeguards are in place to prevent any unintended infringements on human rights, preserving the principles of justice and fairness.
This presentation mainly focuses on Lokpal in India. it also deals with the need of lokpal, how corruption became one of the activities of even the common citizens. it tries to reveal the intention of Governments in the matters relating to Lokpal.
27052024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
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#First_India_NewsPaper
ys jagan mohan reddy political career, Biography.pdfVoterMood
Yeduguri Sandinti Jagan Mohan Reddy, often referred to as Y.S. Jagan Mohan Reddy, is an Indian politician who currently serves as the Chief Minister of the state of Andhra Pradesh. He was born on December 21, 1972, in Pulivendula, Andhra Pradesh, to Yeduguri Sandinti Rajasekhara Reddy (popularly known as YSR), a former Chief Minister of Andhra Pradesh, and Y.S. Vijayamma.
01062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
Future Of Fintech In India | Evolution Of Fintech In IndiaTheUnitedIndian
Navigating the Future of Fintech in India: Insights into how AI, blockchain, and digital payments are driving unprecedented growth in India's fintech industry, redefining financial services and accessibility.
‘वोटर्स विल मस्ट प्रीवेल’ (मतदाताओं को जीतना होगा) अभियान द्वारा जारी हेल्पलाइन नंबर, 4 जून को सुबह 7 बजे से दोपहर 12 बजे तक मतगणना प्रक्रिया में कहीं भी किसी भी तरह के उल्लंघन की रिपोर्ट करने के लिए खुला रहेगा।
हम आग्रह करते हैं कि जो भी सत्ता में आए, वह संविधान का पालन करे, उसकी रक्षा करे और उसे बनाए रखे।" प्रस्ताव में कुल तीन प्रमुख हस्तक्षेप और उनके तंत्र भी प्रस्तुत किए गए। पहला हस्तक्षेप स्वतंत्र मीडिया को प्रोत्साहित करके, वास्तविकता पर आधारित काउंटर नैरेटिव का निर्माण करके और सत्तारूढ़ सरकार द्वारा नियोजित मनोवैज्ञानिक हेरफेर की रणनीति का मुकाबला करके लोगों द्वारा निर्धारित कथा को बनाए रखना और उस पर कार्यकरना था।
Welcome to the new Mizzima Weekly !
Mizzima Media Group is pleased to announce the relaunch of Mizzima Weekly. Mizzima is dedicated to helping our readers and viewers keep up to date on the latest developments in Myanmar and related to Myanmar by offering analysis and insight into the subjects that matter. Our websites and our social media channels provide readers and viewers with up-to-the-minute and up-to-date news, which we don’t necessarily need to replicate in our Mizzima Weekly magazine. But where we see a gap is in providing more analysis, insight and in-depth coverage of Myanmar, that is of particular interest to a range of readers.
role of women and girls in various terror groupssadiakorobi2
Women have three distinct types of involvement: direct involvement in terrorist acts; enabling of others to commit such acts; and facilitating the disengagement of others from violent or extremist groups.
In a May 9, 2024 paper, Juri Opitz from the University of Zurich, along with Shira Wein and Nathan Schneider form Georgetown University, discussed the importance of linguistic expertise in natural language processing (NLP) in an era dominated by large language models (LLMs).
The authors explained that while machine translation (MT) previously relied heavily on linguists, the landscape has shifted. “Linguistics is no longer front and center in the way we build NLP systems,” they said. With the emergence of LLMs, which can generate fluent text without the need for specialized modules to handle grammar or semantic coherence, the need for linguistic expertise in NLP is being questioned.
31052024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
03062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
Discussion on Judgment in Minister of Police and Others v Premier of the Western Cape and Others presented by the CSC and SJC
1. Discussion on Judgment in
Minister of Police and Others v
Premier of the Western Cape
and Others
Regarding the appointment of the
O’Regan-Pikoli Commission of Inquiry into Police inefficiency and a
breakdown of relations between the community and the police in
Khayelitsha
Prepared by Craig Oosthuizen
2. Background
13 Dec 2003
13 Dec 2004
16 Dec 2005
23 May 2008
TAC activist, Lorna
Mlofana, Murdered
1000 people from
TAC/MSF march in
remembrance of Lorna
TAC activist, Nandipha
Makeke, murdered and
raped
5000 from TAC/MSF
march for safety & justice
4 Feb 2006
23 Sept 2010
4 Oct 2011
28 Nov 2011
Zoliswa Nkonyana
murdered
600 activists picket
Parliament
500 activists hand
memorandum to MEC
Dan Plato requesting
Commission of Inquiry
Official complaint lodged
with Premier Helen Zille
by SJC, TAC, EE, Triangle
Project and NU
24 Aug 2012
5 Nov 2012
14 Jan 2013
6 Aug 2013
Premier Helen Zille
officially appoint the
Commission of Inquiry
SAPS applies for the WC
High Court for an urgent
interdict to stop the
Commission of Inquiry
HC dismisses SAPS
interdict with costs
Constitutional Court hears
SAPS application
Outbreak of Xenophobic
violence
3. Constitution
Section 206 (3) Each province is entitled
(a) to monitor police conduct;
(b) to oversee the effectiveness and efficiency of the police
service, including receiving reports on the police service;
(c) to promote good relations between the police and the
community;
(d) to assess the effectiveness of visible policing; and
(e) to liaise with the Cabinet member responsible for policing
with respect to crime and policing in the province.
4. Constitution
Section 206 (5) To perform those function a province may
“may investigate, or appoint a commission of
inquiry into, any complaints of police
inefficiency or a breakdown in relations between
the police and any community”
5. Principal Arguments
SAPS
(Applicant)
WC Province
(Respondent)
SJC
(Respondent)
• Premier exceeded her
powers in appointing
commission
• Terms of reference too
broad
• Power to oversee
police did not include
power to subpoena
• Premier was fulfilling
Constitutional duty
• Terms of reference
clearly limited
(Khayelitsha & SAPS)
• S 206(5) of Constitution
had no teeth with
power to subpoena
• Terms of reference
clearly defined
• Power to subpoena is
implied where matter
investigated is of public
interest
(SARFU case)
• No power to subpoena
would defeat purpose
of S 206(5)
7. Judgment
The power of SAPS:
“Objects of the police service are to prevent, combat and investigate crime,
to maintain public order, to protect and secure the inhabitants of the
Republic and their property and to uphold and enforce the law.”
“The Constitution makes it plain that policing is a national competence.”
“The President appoints the Commissioner. In the Commissioner lies the
power to ‘control and manage the police service in accordance with the
national policing policy’ and the directions of the Minister responsible.”
8. Judgment
The power of SAPS continued:
“the Constitution provides for concurrent national and provincial
legislative competence over the policing function.”
“political responsibility for policing vests in the Minister who must set the
national policing policy after hearing out provincial governments on the
policing needs and priorities of provinces.”
“a provincial executive is entrusted with the policing function as set out in
[Chapter 11] or given to the provincial executive in national legislation or
the national policing policy.”
9. Judgment
SAPS Response to the complaint:
“over nine months the Premier sought the response of the Provincial
Commissioner over the complaints and how they could be addressed.”
“In early July 2012, seven months after the original complaint, the
Commissioner requested a task team to investigate the issues raised in the
complaint.”
“neither the Premier nor the complainant organisations were informed of
further steps that the Police Service would undertake as a result of the task
team investigation.”
10. Judgment
Does the Premier have the power to appoint a commission?
“Section 206(5) accords a province a clear power to establish a commission
of inquiry into policing function.”
“The Constitution requires accountability and transparency in
governance.54 And it establishes both a general framework for oversight as
well as specific mechanisms through which a province may exact
accountability.”
“The complainants sought to invoke these oversight mechanisms, which
will be best served by a commission entrusted with powers of subpoena
over members of the Police Service.”
11. Judgment
Does the Commission have the power to subpoena?
“The suggestion that the subpoena power amounts to “control of the
police service” as envisaged by section 207 is an unwarranted
overstatement that has no merit.”
“a commission of inquiry appointed by a province under section 206(5) has
the implied power to subpoena members of the police service to attend its
hearings, testify before it and produce documents and other evidence that
may be lawfully required of members of the Police Service.”
12. Judgment
Intergovernmental relations:
“A dispute only arose after the Commission had been appointed.”
“Minister and the Commissioner did not declare a dispute as required by
the Framework Act; instead they approached the High Court.”
“Courts must be astute to hold organs of state to account for the steps they
have actually taken to honour their co-operative governance obligations
well before resorting to litigation.”
13. Where to now
Commission Timeline:
13 November 2013 – Preliminary sitting on the procedure to be followed
by the Commission
21 January – 22 February 2014 – Phase one of public sittings
24 March – 28 March 2014 – Phase two of public sittings (expert evidence)