Hon Chairperson, MECs, colleagues and guests, many important freedoms are protected by our South African Constitution. And our Constitution is the supreme law of the Republic.
The Bill of Rights contains our rights and freedoms, as herein protected, specifically referring to the freedom and security of the person; the freedom of religion, belief and opinion; the freedom of expression; the freedom of association; the freedom of movement and residence; and the freedom of trade, occupation and profession.
So, we have a Constitution and a Bill of Rights to protect our freedom in South Africa. It is a freedom which many of us believe we have fought for; a freedom from racism and oppression; a freedom for equality of education; a freedom to be an equal citizen of South Africa and freedom of speech. I don't want to hear you labelling me a Nationalist because I never was one. [Laughter.]
To protect our Constitution and our rights, we have an independent judicial system, which is vested in the courts, and I quote from the Constitution:
The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice.
We have had a serious number of violations against our freedom as South African citizens and it is growing daily. It started with the arms deal, and I quote Helen Zille:
The criminal justice system has been perverted as an instrument for persecuting political opponents and protecting political allies. This abuse of the system is continuing on a daily basis. [Interjections.] Maybe I must look at you, hon Adams, so that you can hear me nicely.
The Minister of Justice and Constitutional Development, Jeff Radebe, should be asked what his views are on the constitutional prescriptions for his department where prosecutorial excellence, independence and labour rights should be the order of the day. Why are the functions of the Asset Forfeiture, Specialised Commercial Crime and Priority Crimes Litigation Units fragmented and placed at a provincial level?
Why is the institutional independence of the National Prosecuting Authority, NPA, reduced by moving its administration to the Department of Justice? Why is there such a concerted effort to reconstruct the NPA? Why is there this continuous rush to purge effective members in the justice system? Is it to protect the ruling elite from prosecution?
Die Burger van vanoggend verwys op bladsy twee daarna dat die Minister nie bewus was van die herstrukturering van die Nasionale Vervolgingsgesag nie en dat hy nie deur adv Menzi Simelane in die saak geken is nie. Ons wil graag glo dat hy iets hieromtrent gaan doen. Ons maan egter dat, ten spyte van die feit dat dit vanjaar die jaar van aksie is, ons weinig aksie tot dusver gesien het. (Translation of Afrikaans paragraph follows.) [Page two of this morning's Die Burger makes reference to the fact that the Minister was not aware of the restructuring of the National Prosecuting Authority, and that Adv Menzi Simelane did not consult him in this regard. We would like to believe that he will do something about this. However, despite the fact that this year is the year of action, we would like to caution that we have seen very little action as yet.]
Our Constitution, as the supreme law, states in section 165(3) and I quote:
No person or organ of state may interfere with the functioning of the courts.
It continues in subsection (4) and I quote:
Organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts.
But how is the Minister enforcing this through his leadership and oversight role? Is he protecting the freedom of the South African citizens and equality before the law?
Our Constitution also rules that freedom of expression does not include incitement of imminent violence or advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.
The fact that a court interdict has not silenced the ANC Youth League's leader and the fact that the ANC leadership cannot take charge and responsibility to enforce discipline, to protect our rights and freedom, is a clear indication that there is a severe lack of leadership and accountability within the ANC.
Freedom in South Africa is threatened by the lack of political will to enforce the supreme law, the independence of our judicial system and its processes.
We are approaching a quagmire of a failed state, with tenderpreneurs for self-enrichment of the elite of the ruling party, with corruption and with cadre deployment, where the law and order of our Constitution only applies to ordinary citizens and taxpayers. These things threaten to violate our constitutional freedoms.
The DA will continue to protect our Constitution and the independence of our judiciary. Thank you. [Applause.]