Rescue South Africa Civil Rights Alliance (RSACRA) a non profit committed to defending the rights of South African citizens, lodged a case in the North Gauteng High Court today challenging the constitutionality of South Africa’s race-based laws.
“This constitutes the first of several High Court cases RSACRA will file to hold government accountable for its constitutional failures and crimes against the people of SA,” writes Errol Naidoo director of Family Policy Institute (FPI) and a director of RSACRA in his weekly FPI newsletter.
He says the case against “unlawful race classification laws in SA’s post-apartheid ‘non-racist, non-sexist’ democracy” will be argued in the High Court by constitutional law expert Adv Mark Oppenheimer SC. “We believe this is a strong and winnable case,” he writes.
Explaining his involvement in RSACRA, Naidoo told Gateway News he was invited to join the organisation by founder Millie Westley. He said he accepted the invitation because he believes their mission aligns with his calling “as a Christian activist fighting for marriage, family, Christian values, and religious freedoms”.
“We’re trying to hold politicians accountable for the carnage they’ve caused to marriage, family and children with the terrible laws that have been passed in this country,” he said.
He said in their next case they will take the ANC-led government to court for the alleged denial of wide-ranging constitutional rights to children which result in many children suffering from malnutrition and being deprived of their future and aspirations.
In his newsletter he summarises RSACRA’s legal team’s arguments against SA’s 142 race-based laws in the founding affidavit lodged in the Gauteng High Court today. These include reliance on racial classification “without any legally defined or constitutionally compliant mechanism for determining race”, and failure to meet international-law standards for remedial measures which are permitted only if they are temporary and subject to sunset clauses.
“RSACRA’s application is grounded in the Constitution, specifically sections 1(b) (non-racialism), 1(c) (rule of law), 2 (constitutional supremacy), and 9 (equality), which require that any differentiation be lawful, rational, and constitutionally compliant,” Naidoo writes.
He says the application contends that, after three decades, the continued enforcement of race-based measures is irrational, arbitrary, and constitutionally unsustainable.
Urging Christians to pray for the application to succeed, he says that in addition to their upcoming case regarding children’s constitutional rights, RSACRA’s legal team intends prosecuting the government for failing to uphold freedoms and security of citizens, and for the deteriorating socio-economic environment as a result of state-facilitated corruption, fraud, money laundering and gross mismanagement.
“Once we have worked on all these cases we are going to look at taking them [the government] to the International Court of Justice for crimes against humanity,” he told Gateway News.
Naidoo breaks down RSACRA’s current constitutional challenge in the Truth Report video below:
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