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SA opposition plans to approach UNHRC over poll concerns

Publish date: 01 July 2024
Issue Number: 1083
Diary: IBA Legalbrief Africa
Category: Electoral

South Africa's opposition MK Party intends to approach the UN Human Rights Committee (UNHRC) in terms of the International Covenant on Civil and Political Rights (ICCPR) to address its election grievances. The Sunday Tribune reports that the UNHRC is not a court of law but a panel of experts monitoring the implementation of the ICCPR. SA has been a signatory since 1998. In 2008, the UNHRC ruled in favour of Sri Lankan politician Dissanayake Mudiyanselage, who had been charged with contempt of that country’s Constitution. He was found guilty of contempt of court and sentenced to two years' rigorous imprisonment and was disqualified from being an elector and MP. When former President Jacob Zuma was jailed for contempt in 2021, he demanded that Chief Justice Raymond Zondo recuse himself from hearing his evidence at the Commission of Inquiry into State Capture, due to a reasonable apprehension of bias. Zuma was later jailed by the Constitutional Court for refusing to give evidence before the commission, and sentenced to 15 months’ imprisonment of which he only served three months. In another matter, the Hola Bon Renaissance (HBR) Foundation is approaching the World Conference on Constitutional Justice (WCCJ) about its grave concerns regarding egregious violations of human rights and alleged judicial malfeasance by the Constitutional Court and the SA judiciary. The Sunday Tribune notes that the WCCJ also facilitates judicial dialogue between constitutional judges on a global scale as well as the exchange of information that takes place at the world conference, further reflecting on arguments that promote the basic goals inherent to national Constitutions.

Full Sunday Tribune report

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