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Articles by Catherine Kruyer
2021 LOCAL ELECTIONS: BEYOND THE BALLOT: Prospects of legal challenges to the polls: Insights from the Constitutional Court’s recent judgment
The ruling of the Constitutional Court against the postponing of Monday’s municipal elections leaves the process open to legal challenges. Importantly, in dismissing the IEC’s application for a postponement, the court did not hold that the 2021 local government elections will necessarily be free and fair if held within the constitutionally prescribed time limits.
MAVERICK CITIZEN OP-ED: Conflict between police minister and national commissioner raises concerns about minister’s role in appointments process
Minister of Police Bheki Cele. (Photo: Jaco Marais) The conflict between Minister of Police Bheki Cele and National Police Commissioner Khehla Sitole over appointments made to senior posts in the SAPS raises questions on the police minister’s role in appointments in the police service — and if that role is constitutionally appropriate. Catherine Kruyer is an advocate of the high court of South Africa and a legal researcher at the Helen Suzman Foundation.
South Africa: Public Service and Administration's Attempt to Reform Legislation Falls Short - but It's Not Too Late to Fix Two Amendment Bills
The Public Service Amendment Bill and the Public Administration Management Amendment Bill seek to make changes to the legislative framework governing the public service in South Africa. As presently formulated they are inadequate, but the process is in the early stages and there is still the opportunity for meaningful reform. Catherine Kruyer is an advocate and a legal researcher at the Helen Suzman Foundation.
MAVERICK CITIZEN: Public Service and Administration’s attempt to reform legislation falls short — but it’s not too late to fix two amendment bills
The PAMA Act of 2014 was championed for introducing a ban against public servants doing business with the state. However, poor enforcement has led to a year-on-year increase in the number of public servants doing business with the state, say the writers. (Photo: EPA / Kim Ludbrook) The Public Service Amendment Bill and the Public Administration Management Amendment Bill seek to make changes to the legislative framework governing the public service in South Africa.
South Africa: Constitutional Court Recognises Matric As Part of the Right to Basic Education
The Constitutional Court's recent judgment in Moko provides a glimmer of hope in what might otherwise seem a gloomy picture. "There are few things as important for the flourishing of a society and its people as education. Through education, doors are opened to opportunities that were only before ever dreamt of. I am not exaggerating when I say that education changes lives.
MAVERICK CITIZEN OP-ED: Constitutional Court recognises matric as part of the right to basic education
Matric is part of the right to basic education. (Photo: dialeticscience.com / Wikipedia) The Constitutional Court’s recent judgment in Moko provides a glimmer of hope in what might otherwise seem a gloomy picture. “There are few things as important for the flourishing of a society and its people as education. Through education, doors are opened to opportunities that were only before ever dreamt of. I am not exaggerating when I say that education changes lives.
GROUNDUP Op-Ed: Hawks’ ability to complain about political interference must be strengthened
The Hawk’s Serious Corruption Investigation team made five more arrests of Free State government officials linked to the Vrede dairy farm case. Proposed changes to the law do not go far enough, as there is still cause for concern regarding the perceived independence of the complaints mechanism. First published in GroundUp. The Constitutional Court recognised the importance of the independence of the Hawks in Glenister and Helen Suzman Foundation.
New PoliceBill fails to address chilling effect on freedom of assembly
By Catherine Kruyer The legislation being amended includes the Regulation of Gatherings Act 205 of 1993. This gives effect to the right to freedom of assembly. The Constitutional Court has often recognised the importance of this right. The Court, in Garvis, explained that the right exists to "give a voice to the powerless" and that it is often the only mechanism available to vulnerable people to express their concerns.
GROUNDUP Op-Ed: New police bill fails to address chilling effect on freedom of assembly
Protests and large gatherings are often the only mechanism available to vulnerable people to express their concerns. (Archive photo: Ashraf Hendricks) Laws criminalising conduct connected with gatherings do not align with the Constitution, and have far-reaching implications for freedom of assembly.
MAVERICK CITIZEN: Electoral Laws Amendment Bill not intended to introduce an electronic voting system, says IEC
Concern has been expressed that conferring the power on the IEC to unilaterally prescribe a different voting method would be inconsistent with the Constitution, which requires for the details of the electoral system to be prescribed in national legislation following a process of public participation.
Gauteng Bill infringes on rights of foreign nationals
OPINION | SOUTH AFRICA 17 November 2020 By Catherine Kruyer The Gauteng Township Economic Development Bill seeks to exclude people without permanent residence from the township economy 17 November 2020 - By Catherine Kruyer Immigrants wait for work at the side of the road in Brakpan.
GROUNDUP: Gauteng township bill infringes on rights of foreign nationals
Immigrants wait for work at the side of the road in Brakpan. (Archive photo: Kimberly Mutandiro) The Gauteng Township Economic Development Draft Bill, published by the Gauteng provincial legislature on 30 September, seeks to exclude foreign nationals – who are not entitled to permanent residence status in South Africa – from owning and operating businesses in the Gauteng township economy.
Proposed changes to the way we vote are alarming
OPINION | SOUTH AFRICA 13 November 2020 By Catherine Kruyer Electoral Law Amendment Bill would give the Independent Electoral Commision full power to change voting methods 13 November 2020 - By Catherine Kruyer The proposed amendments to legislation governing elections would shift the power to change the way we vote from Parliament to the Independent Electoral Commission.
South Africa: Court Decision a Victory for Asylum Seekers
Photo: Tariro Washinyira/GroundUp The Supreme Court of Appeal ruling that the Cape Town Refugee Reception Office must be re-opened is a victory for asylum seekers. By Catherine KruyerThe ruling by the Supreme Court of Appeal that the Cape Town Refugee Reception Office must be opened is a victory for asylum seekers. The court found that the director-general of the Department of Home Affairs had used his power unlawfully.
Court decision a victory for asylum seekers
The ruling by the Supreme Court of Appeal that the Cape Town Refugee Reception Office must be opened is a victory for asylum seekers. The court found that the director-general of the Department of Home Affairs had used his power unlawfully. On 29 September, the Supreme Court of Appeal (SCA) found the decision of the director-general of the Department of Home Affairs to close the Cape Town Refugee Reception Office to be unlawful and set the decision aside; overturning a High Court decision.
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