CENTRE FOR CONSTITUTIONAL RIGHTS AND GLYNNIS BREYTENBACH

The Centre for Constitutional Rights (CFCR) - a unit of the FW de Klerk Foundation - would like to confirm that it has been paying the litigation expenses of Adv Glynnis Breytenbach, in her efforts to defend herself against disciplinary action that has been taken against her by her employer, the National Prosecuting Authority (NPA).

It has done so in pursuit of its mission of promoting and defending the Constitution and the rule of law. Among other activities the Centre monitors all developments that it believes might threaten the Constitution and the values that it represents. It does so by scrutinizing new legislation to ensure that it is constitutionally compliant; by studying the judgments of our courts; and by opposing any action by the state or by anyone else within the broader society that it believes might have a negative impact on the Constitution, the Bill of Rights and the rule of law. 

The CFCR also participates actively in the national debate on constitutional issues by publishing articles in the media, by providing comment on radio and television, and by arranging or participating in conferences on constitutional matters.

Where appropriate - and within the scope of its limited means - it takes active steps to assist South Africans to claim their constitutional rights and to ensure that the state and all the institutions that it comprises, act in accordance with the Constitution. The CFCR has assisted ordinary citizens whose constitutional rights have been breached; it has laid complaints with the South African Human Rights Commission and the Public Protector, and where necessary it has also made use of the courts as a last resort. 

For example, the CFCR was recently involved as amicus curiae in the case of the Cape Bar Council v the Judicial Service Commission on the crucial question of the manner in which judges are appointed; and it initiated litigation in the Labour Court on behalf of coloured employees of the Department of Correctional Services in the Western Cape who had been refused promotion because of their race. (The case was subsequently joined with the case of the Solidarity trade union on behalf of other employees of the DCS).

When the CFCR became aware of Adv Breytenbach's predicament, it did not hesitate to offer its assistance. It established a special litigation fund to pay her legal expenses and the expenses that might arise from other cases that the CFCR might support. It has received generous assistance in this regard. 

The CFCR decided to help Adv Breytenbach as a matter of principle and because of the crucially important issues underlying her case. We believe, together with Adv Breytenbach, that she was suspended because of her opposition to the NPA's decision to drop criminal charges against Lt-Gen Richard Mdluli. The CFCR had long been deeply concerned about the allegations of executive interference in the NPA.    Its concerns have been amply borne out by the recent judgment handed down by Justice Murphy in the High Court in which he ordered that charges should be reinstated against Mdluli (against which the NPA has now lodged an appeal).

The independence, integrity and professionalism of the NPA are absolutely essential for the preservation of the rule of law. The rule of law, in turn, rests on the principle that nobody is above the law - and that anyone, regardless of his or her position or status, who has broken the law, should be liable for prosecution by an independent and impartial prosecuting authority.

The CFCR and the Foundation have previously expressed these concerns in a number of statements and have never made any secret of our support for Adv Breytenbach because of these concerns. The CFCR, however, is just one of a number of civil society organizations and courageous individuals that have successfully used the courts in their efforts to uphold the Constitution and the Bill of Rights. Neither the CFCR nor the Foundation has any party political affiliation and are interested solely in promoting and upholding the Constitution and its foundational values as the best and only guarantor of the rights and freedoms of everyone in South Africa.

Anyone who would like to contribute to the Centre's Litigation Fund - or who would like further information regarding its activities - should please contact its Director, Adv Johan Kruger at [email protected] or 021 930 3622.

Statement issued by the FW de Klerk Foundation, November 3 2013

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