ABC News 02/03/12
“Ginsburg likes South Africa as Model for Egypt”
Amid fresh clashes in Egypt, the US Embassy in Cairo has posted an interview with Justice Ruth Bader Ginsburg who traveled to the region last month in coordination with the State Department to meet Egyptian counterparts as they begin the nation’s constitutional transition.
“Let me say first that a Constitution, as important as it is, will mean nothing unless the people are yearning for liberty and freedom”, Ginsburg said.
“I would NOT look to the US Constitution, if I were drafting a Constitution in the year 2012. I might look at the Constitution of South Africa, “ says Ginsburg, “That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, has an independent judiciary.”
Commons Sense Review
When I heard this story, I was irritated by the that fact that one of the people who are tasked to interpret the US Constitution for issues like human right and liberty doesn’t think it is a good Constitution for 2012.
So I took a look at the South African Constitution. The Bill of Rights:
· Everyone is equal before the law and has the right to equal protection and benefit of the law
· Everyone has the right to freedom and security of the person
o Not deprived of freedom arbitrarily or without just cause
o Not detained without trial
o Free form all forms of violence from either public or private source
o Not tortured
o Not treated or punished in a cruel, inhuman or degrading way
· Every has the right o bodily and psychological integrity
o To make decisions concerning reproduction
o To security in and control over their
· No one may be subjected to slavery, servitude or forced labor
· Everyone has the right to privacy which includes the right not to have
o Their person or home searched
o Their property searched
o Their possessions seized
o The privacy of their communication infringed
· Religious observance may be conducted at state or state-aided institutions
· Everyone has the right to freedom
o Of the press
o To receive or impart information or ideas
o Of artistic creativity
o Academic freedom and freedom of scientific research
§ This doesn’t extend to
· Propaganda of war
· Incitement of imminent violence
· Advocacy of hatred
· Everyone has the right, peacefully and unarmed , to assemble, to demonstrate, to picket and to present petitions
· Everyone has the right to freedom of association
· Every citizen is free to make political
o To form a political party
o To participate in the activities of ,or recruit member for , a political party
o To campaign for a political party or cause
· No Citizen may be deprived of citizenship
· Everyone has the right to freedom of movement
· Every citizen has the right to choose their trade, occupation or profession freely
· Every worker has the right
o To form and join a trade union
o To participate in the activities and programmes of a trade union
· Everyone has the right
o To an environment that is not harmful to their health or well being
· Everyone has the right to have access to adequate housing
· Everyone has the right to have access to
o Health care services, including reproductive health care
o Sufficient food and water
o Social security, including, if they are unable to support themselves and their dependents appropriates social assistance
Is South African feeling the liberties of this Bill of Right?
Rueters 02/04/12
“South Africa's Malema loses appeal against ANC suspension”
South Africa’s ruling ANC upheld a decision to van youth leader Julius Malema for five year for bringing the movement into disrepute, sending into the political wilderness a noisy rebel.
Malema raised about why the poor majority in Africa’s largest economy have still not felt the “better life for all” promised by the ANC since it took power in 1994 after the end of apartheid.
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BET 01/31/12
“South Africa's Protest Crackdown Sparks Apartheid Déjà Vu”
On Friday, protesters from several community organizations panned a three-day summit dedicated to addressing issues affecting Cape Town poor including land, jobs and housing.
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CNN 02/02/12
“Men Sentenced to 18 years for slaying South African lesbian”
Judge sentenced four men to 18 years in prison for brutally slaying a 19-year-old lesbian.
Homosexuality is illegal in most African countries, based on rules left over from the British law when sodomy laws were introduced.
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Washington Post 02/04/12
“Critics blame greed, incompetence for failures in South Africa’s impoverished Limpopo province”
The giant pipes lying idle along the road were supposed to deliver water from a dam completed six year ago t villages across he region.
Instead they have become a symbol of government greed and failure in South Africa’s impoverished north, where families are still walking miles to the nearest well.
Government-built home for the poor have leaking roofs and crumbling brickwork. Residents say windows were so poorly installed that thieves just pull out the whole frame to break in.
That is the contrast with the extravagant homes said to have been built by friends, relatives and business partners of important politicians.
* Note to Justice Ginsburg, If you don’t like the US Constitution maybe you should move to South Africa, I hear they are enjoying their freedoms there.
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