Current Affairs
Supreme Court of Appeal Declares Section 6(1)(a) of Citizenship Act Unconstitutional
In a landmark ruling on June 13, the Supreme Court of Appeal in South Africa declared Section 6(1)(a) of the Citizenship Act as unconstitutional and invalid. The decision marks a significant development in the country’s legal framework surrounding citizenship, holding implications for individuals affected by the provision and potentially leading to changes in citizenship policies.
Section 6(1)(a) of the Citizenship Act stipulates that a child born in South Africa to non-citizen parents is not automatically granted citizenship, unless one of the child’s parents is a permanent resident or a South African citizen. The provision has been subject to criticism for its potential infringement on the rights of children born and raised in the country, particularly when their parents do not possess the necessary citizenship or permanent residency status.
The Supreme Court of Appeal, in a unanimous decision, declared that Section 6(1)(a) of the Citizenship Act violates the constitutional rights enshrined in the South African Constitution. The court found that the provision discriminates against children based on their parents’ nationality or immigration status, thereby infringing upon their right to equality and dignity as guaranteed by the Constitution.
The ruling came as a result of a legal challenge brought forth by a group of individuals who were affected by the provision. They argued that the requirement placed an unfair burden on children and contravened their fundamental rights. The Supreme Court of Appeal’s judgment affirmed their position, recognizing that all children born within South Africa’s borders should be entitled to citizenship by birthright, regardless of their parents’ immigration status.
The implications of this ruling are significant. It calls into question the validity of previous cases where children were denied citizenship under Section 6(1)(a) of the Citizenship Act. The ruling may also prompt the government to review and amend the relevant legislation to bring it in line with the constitutional rights of individuals.
While the Supreme Court of Appeal’s ruling invalidates Section 6(1)(a) of the Citizenship Act, it is important to note that its implementation might be delayed, pending any potential appeal or legislative action from the government. The ruling gives lawmakers an opportunity to revisit the legislation and enact appropriate amendments to align with the court’s decision.
The court’s ruling reflects a broader global trend towards inclusive citizenship policies that recognize the rights of individuals born and raised in a country, regardless of their parents’ nationality or immigration status. It reaffirms the principle of equal treatment and non-discrimination enshrined in South Africa’s Constitution, further strengthening the country’s commitment to human rights and the protection of vulnerable groups.
The Supreme Court of Appeal’s judgment has generated widespread discussion among legal experts, human rights advocates, and the public. It highlights the importance of constitutional principles and the judiciary’s role in upholding and interpreting them. The ruling also underscores the need for an ongoing examination of legislation to ensure its compatibility with constitutional rights and values.
As the legal landscape evolves in response to the Supreme Court of Appeal’s ruling, the government is likely to face pressure to address the issue promptly. The decision emphasizes the urgency of reviewing and reforming South Africa’s citizenship laws to ensure that they align with constitutional principles and protect the rights of all individuals, including those born within the country’s borders.
While the full ramifications of this ruling are yet to unfold, it represents a significant step towards ensuring equal rights and opportunities for all individuals residing in South Africa, regardless of their parents’ citizenship or immigration status.
It remains to be seen how the government will respond to the Supreme Court of Appeal’s ruling, but the decision undoubtedly sets the stage for a potential transformation in the way citizenship is determined in South Africa, prioritising the rights and well-being of individuals who call the country their home.
The results of an in-depth survey conducted by African Innovation Research SA (AIRSA) point to the country’s future being in the hands of coalitions and raise concerns about voter apathy, especially among the youth.
The initial sample comprised some 5 000 participants, of whom 46% confirmed they were either not interested in voting despite being registered or had not registered.
The majority of those surveyed by the independent research company based in Cape Town were in the 18–35 age group, a generation who are increasingly disillusioned with how the country is run.
The remaining 2 700 participants, who were interviewed from across a broad section of South Africa’s nine provinces, indicated that support for the ruling ANC is in decline, dipping below the 50% mark to 43% overall.
The ANC’s strongholds remain the Eastern Cape (61% of those surveyed), 58% in the Free State and 65% in Limpopo, where its challenger is the EFF at 23.7%.
In the country’s fourth-largest economy, Mpumalanga, the ANC leads with 52.3%, the EFF at 21.7% and the DA at 19.7%.
In the North West province, it’s a similar pattern, albeit reversed, with the ANC at 48.3%, the DA at 27.7% and the EFF at 20.0%, while in the Northern Cape, the ANC leads with 47.3%, followed by the DA with 24.3% and the EFF with 15.7%.
The country’s economic engine, Gauteng, is a key player in the power dynamics. Here, the ANC garnered 38.7%, but the EFF is growing its base to 19.3%, challenging the DA’s 20% of the province’s voters.
In the Western Cape, as expected, the DA holds onto a leading margin at 46.0%, with the ANC and EFF at 22.3% and 8.7% respectively. Gayton McKenzie’s Patriotic Alliance (PA) also features in the country’s southernmost province, making a notable showing at 5%.
While former president Jacob Zuma may have been barred from becoming a member of Parliament in the Constitutional Court this week, the new uMkhonto weSizwe Party (MKP) will play a pivotal role in KwaZulu-Natal. Results of the AIRSA survey show that while the ANC currently remains ahead with 28.7%, it’s an even race in the province with similar support for the IFP at 26.0% and MKP at 26.7%.
As experience dictates, the smaller parties will begin a series of bargaining tactics as to whose deck they end up in and call the shots.
At collectively accounting for around 20% of the upcoming vote, these potential coalition partners carry significant influence.
AIRSA also noted that voting in this sector is personality-driven as opposed to ideology.
The fragmentation of South Africa’s political landscape could also contribute to increasing dissatisfaction and disillusionment, particularly when linked to the country’s youth and increasing unemployment.
© IOL (Cape Times)
CCTV video footage confirmed what many people in the music industry knew was brewing: a moment of reckoning for one of the most influential hip-hop artists in history.
The clips of Sean “Diddy” Combs kicking his former girlfriend Cassie Ventura – as she lay motionless on the floor – cemented his downfall, despite his apology after the leak.
“I don’t see a path for him to come back from this,” said Amy DuBois Barnett, the former editor-in-chief of Ebony magazine, who has written about hip-hop culture.
Combs’ reputation in the industry had been “chequered for some time,” added Barnett. “Many people were aware of his pretty unbridled temper.”
Combs – formerly known as P Diddy, Puff Daddy or Puffy – is one of the best-selling and most acclaimed artists of all time, with three Grammy Awards and millions of record sales to his name.
For years, nothing really affected his rise to icon status as an artist, producer and businessman. There were negative stories in the industry, said Barnett, but much of it stayed out of the public eye.
Last November, Ms Ventura settled a lawsuit against Combs – in which she accused him of rape and sexual trafficking – for an undisclosed sum. But Combs’ lawyer said the settlement was “in no way an admission of wrongdoing”.
Celebrities continued to voice support for him, but that ended with the CCTV video obtained by CNN and published last week.
The assault shown in the footage is brutal. After kicking Ms Ventura like a football, Combs, wearing just a towel, is seen dragging her across the floor.
The video appears to be a compilation of surveillance footage angles dated 5 March 2016, which CNN said was filmed at the InterContinental Hotel in Century City, Los Angeles. In her lawsuit, Ms Ventura had described a March 2016 incident at that hotel, in which Combs allegedly attacked her.
A string of other lawsuits have since been brought against Combs for abuse, sexual misconduct and rape. The latest was filed on Tuesday by Crystal McKinney, a former model and winner of MTV’s 1998 Model Mission competition.
She claimed she was “drugged and sexually assaulted” in 2003 by Combs following a fashion event in New York. BBC News has contacted Diddy’s representatives for comment on the claims.
When the first lawsuits were filed, the rapper called the accusations “sickening” and said the alleged victims were looking for “a quick pay day”.
But the video of the assault on Ms Ventura undermined those denials.
Combs was silent for two days after its release, before posting an apology to Instagram, admitting it was him in the tape and calling his actions “inexcusable”.
“I was disgusted then when I did it,” he said, “and I’m disgusted now.”
“I went and I sought out professional help,” he continued. “I got into going to therapy, going to rehab. I had to ask God for his mercy and grace. I’m so sorry.”
Combs did not mention Cassie Ventura in his apology, and her lawyers hit back, saying: “Combs’ recent statement is more about himself than the many people he has hurt.”
The apology was “too little too late,” said Camron Dowlatshahi, an entertainment lawyer in Los Angeles. “It shows the short-sightedness of Diddy, thinking he’s not going to be held accountable and that he has enough money to take care of everything.
Barnett, who has written about misogyny in the rap industry, described the statement as “the most ill-advised apology ever”. She suggested it was from the “classic ‘famous man’ playbook: deny, deny, deny. Get caught. Apologise, then talk about going to therapy.”
“No-one’s taking it seriously, particularly because he previously accused Cassie and others of being gold-diggers. That really angered a lot of people in the music industry.”
In April, news helicopters on both the US east and west coasts filmed police raids on mansions linked to the rapper. They were part of an ongoing criminal investigation by law enforcement into sex trafficking.
The man who was idolised as a hip-hop legend has been lying low since then.
Family pictures with his daughters posted to Combs’ Instagram account are in stark contrast to the images of him carrying out a violent assault.
The Los Angeles District Attorney’s Office said on Friday that it would not be able to bring charges due to the statute of limitations for assault. So where does the CCTV video, and the ongoing investigation, leave his career?
In his music, Diddy has often relied on collaborations with other A-list stars. His last album featured Mary J Blige, The Weekend, 21 Savage, and John Legend. He is extremely unlikely to be able to recreate such productions now.
But whether there will be an effect on his vast number of listeners is less clear. Fitness company Peloton has banned his music from its workout playlists already, according to TMZ, but other companies are yet to comment.
R Kelly continues to get millions of monthly listeners on Spotify, despite convictions for child sexual abuse.
Meanwhile, Kanye West experienced a peak in his monthly listeners last year, despite being dropped by brands for expressing antisemitic views.
Those who passed by Diddy’s star on the Hollywood Walk of Fame this week reflected on what the video meant to the rapper’s fans.
“It’s career-ending. I don’t know how he’s going to come back from this,” said Mar Anthony, a Los Angeles local. “I was a fan when I was a kid, listening to Every Breath You Take (I’ll Be Missing You). But what he did and the music, they’re two different things.
“It’s the same thing with Michael Jackson,” he said, nodding towards another Walk of Fame star that lies not far away – in an apparent reference to allegations of child abuse made against that star.
Diddy “definitely deserves what is coming to him”, said Prince Laurenz Hamlin, who was visiting LA. “But he still has built a legacy in the music industry. I think people will have to separate the art from the artist.”
One woman, after snapping a photo of Combs’ star, simply muttered “predator” as she walked away.
It is unclear who is currently advising Sean Combs. The law firm that previously issued denials on his behalf has said it no longer represents him.
Despite the civil lawsuits there have been no criminal charges filed against him. But the ongoing police investigation will no doubt be weighing heavily on the rapper.
“The Department of Homeland Security was involved [in the raids],” said Mr Dowlatshahi. “Just that fact alone shows the severity of what’s going on here.”
© BBC News
Iran’s supreme leader has presided over a funeral for the country’s late president, foreign minister and others killed in a helicopter crash on Sunday.
Ayatollah Ali Khamenei led prayers at Tehran University, where caskets carrying the dead were draped in Iranian flags.
President Ebrahim Raisi died alongside Foreign Minister Hossein Amir-Abdollahian and six others in a helicopter crash near the border with Azerbaijan.
Authorities had warned against demonstrations against the funeral procession and insults posted online.
“Oh Allah, we didn’t see anything but good from him,” Ayatollah Khamenei said in the standard prayer for the dead in Arabic.
Iran’s acting president, Mohammad Mokhber, stood nearby and openly wept during the service.
People then carried the coffins out on their shoulders, with chants of “Death to America” heard outside.
They loaded them onto a trailer for a procession through downtown Tehran to Azadi Square, where Raisi gave speeches in the past.
In attendance were top leaders of Iran’s paramilitary Revolutionary Guard, one of the country’s major power centres.
Also on hand was Ismail Haniyeh of Hamas, the militant group that Iran has armed and supported during the ongoing Israel-Hamas war.
Haniyeh is widely considered Hamas’s overall leader and has been a prominent member of the movement since 1980. The US Department of State designated him a terrorist in 2018.
“I come in the name of the Palestinian people, in the name of the resistance factions of Gaza…to express our condolences,” Haniyeh said.
He also described meeting Raisi in Tehran during Ramadan, the holy Muslim fasting month.
He said he heard the president say that “the Palestinian issue” remains the key one of the Muslim world, which “must fulfil their obligations to the Palestinians to liberate their land”.
He also claimed that Raisi called Hamas’ October 7 attack in Israel, which saw 1,200 people killed and 250 others taken hostage, an “earthquake in the heart of the Zionist entity”.
Also expected to attend services in Tehran were Pakistan’s Prime Minister Shehbaz Sharif and a delegation from the Taliban of Afghanistan, which included their Foreign Minister Amir Khan Mutaqqi.
Iran’s theocracy declared five days of mourning over Sunday’s crash, encouraging people to attend the public mourning sessions.
Typically, government employees and schoolchildren attend such events en masse, while others take part out of patriotism, curiosity or to witness historic events.
For Iran’s Shiite theocracy, mass demonstrations have been crucial to demonstrating the legitimacy of their leadership since millions thronged the streets of Tehran to welcome Grand Ayatollah Ruhollah Khomeini in 1979 during the Islamic Revolution, and also attended his funeral 10 years later.
An estimated one million turned out in 2020 for processions for the late Revolutionary Guard General Qasem Soleimani, who was killed in a US drone strike in Baghdad.
Across the capital, large banners were raised hailing Raisi as “the martyr of service”, while others bade “farewell to the servant of the disadvantaged”.
Some residents in Tehran received texts urging them to attend Wednesday’s ceremonies, the AFP news agency reported.
Footage carried by state TV showed streets filled with mourners, many of whom were carrying pictures of Raisi or the Iranian flag.
Funeral rites for the men began on Tuesday in the city of Tabriz and the Shiite clerical centre of Qom, where thousands of mourners attended ceremonies.
After Wednesday’s procession in the capital, Raisi’s remains will be moved to South Khorasan province, before being transferred to his home city of Mashhad in the northeast.
He will then be buried on Thursday evening in the city after funeral rites at the Imam Reza shrine.
Raisi, a hardline cleric, was a highly divisive figure in Iran. In the 1980s, he oversaw the execution of scores of opposition activists while working as a prosecutor.
He unleashed a brutal crackdown against demonstrators angered by the killing of 22-year-old Mahsa Amini in 2022. She died three days after she was detained by morality police in the capital for allegedly violating Iran’s strict rules requiring women to cover their hair with a hijab, or headscarf.
But his ultra-conservative outlook won favour with supporters of the regime, and Raisi was viewed as a possible successor to Ayatollah Khamenei.
© BBC News
Current Affairs
Shoprite to cooperate with police after Heidelberg man dies following alleged confinement in store cold room
Without divulging any details regarding the allegations over the death of a Gauteng man, retailer Shoprite stated that they would cooperate with the South African Police Services (SAPS).
IOL initially reported that a 13-year-old boy who was accused of stealing a chocolate, had been locked in a cold store room, where he subsequently died.
However police have clarified that the victim is 33-years-old.
Gauteng police spokesperson Colonel Noxolo Kweza said Ratanda police have opened a case of assault common as well as an inquest docket.
“This follows an alleged incident where two men accused of shoplifting were locked at the back of the store.
“One of the men, aged 33, during closing time complained of stomach aches, paramedics were called and he was declared dead on the scene.”
It is alleged a 33-year-old man was accused of stealing a bar of chocolate from a Shoprite store in Ratanda in Heidelberg, south of Gauteng.
When approached for comment, the supermarket chain extended its condolences to the victim’s family following their loss.
“The allegations are seen in an extremely serious light and the necessary steps will be taken pending the outcome of a full investigation.
“We cannot comment on the details of the incident as it is a police matter, and the local South African Police Service (SAPS) should be contacted for more information.
“We always give our full cooperation and provide all available information to the SAPS to assist their investigation.”
On Monday, angry community members gathered outside the store demanding answers.
© IOL
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