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Current Cases in the Courts

Porn Mags Constitutional Court Case
2012-02-23	Media Release (81kb pdf document).
2012-02-20	Founding Affidavit (118kb pdf document).

Teddy Bear Clinic Case
JASA assembles a galaxy of expert talent to oppose the Teddy Bear Clinic’s application to have laws against child sex struck down.
2011-12-15	Latest Affidavit (2.68mb pdf document).
2011-12-15	Media Release (87kb pdf document).

2011-05-10	Media Release (72kb pdf document).
2011-05-10	Founding Affidavit (159kb pdf document).

JASA to intervene as a friend of the court in the court action being brought by the Teddy Bear Clinic and RAPCAN challenging the constitutionality of the laws prohibiting sex between consenting teenagers aged 12 to 16 years. JASA's advocate briefed late January 2011.

The Applicants are seeking a High Court order that the legislation which prohibits consenting sexual activity between teenagers under 16 years should be struck down as unconstitutional. Sections 15 and 16 of the Criminal Law Amendment Act (Sexual Offences) 2007 prohibit penetrative sex (s.15) and lesser sexual activity known as 'sexual violation' (s.16) with children even if consensual, save only that there is a special defence to sexual violation only, where both parties are under 16 and the age difference does not exceed 2 years.

JASA has decided to intervene in this matter as amicus curiae to assist the State in opposing the application.

One of our major concerns is that the expert's report relied on by the Applicants contains value judgements both as to what is 'sexually healthy' and what is 'normative' which we believe are very much a minority view, and certainly do not reflect the intention of Parliament when the Act was passed in 2007.

JASA also believes that this matter is of huge importance to the morality of impressionable teenagers and their future marriages, and of course to the country as a whole. As has been frequently reported in the media, the scourge of internet and cell phone pornography has encouraged children to emulate what they see on their screens.

JASA challenges the President's action in re-appointing the Chief Justice.
2011-07-29	Court judgement (427kb pdf document).
2011-06-16	Media Release (67kb pdf document).
2011-06-20	Founding Affidavit (3.43mb pdf document).
2011-06-20	Annexures to Founding Affidavit (2.87mb pdf document).
2011-06-20	Notice of Motion (73kb document).

Bulawayo Housing Project
2011-07-05	Media Release (76kb pdf document).
2011-07-05	Founding Affidavit (268kb pdf document).
2011-07-05	Supporting Affidavit (79kb pdf document).
2011-07-05	Notice of Motion (86kb document).

Gun Case
2010-11-29	Application for Leave to Appeal (82kb pdf document).
2010-11-05	Judge Saldanha handed down his judgment on November 5th 2010. Click here to read the full document (2.81mb pdf document). Our counsel are considering where we go next.
2009-08-31	Judge takes just 15 minutes to rule on JASA’s case against the State asking for Compensation for Firearms. See Media Release (80kb Word document).
Hearing date now fixed for 31 August 2009 If you are SURRENDERING a firearm before June 30, click here for ADVICE (25kb Word document).
2009-08-14	Applicants' Heads of Argument Document (142kb Word document)
Notice under Rule 30A 2008-10-29	Notice to Defaulting Party Pursuant to Rule 30A (6kb pdf document)
Notice of Motion 2008-07-01	JASA fights for the Constitutional right of gun owners to receive compensation for surrendered firearms (12kb pdf document)
Affidavit 2008-07-01	Founding affidavit (36kb pdf document)
Further Opinion: 2007-10-30	Compensation for Surrendered Firearms (70kb pdf document)

ANDRE WILLIAMS		Click on photo to download 2mb jpg version of image
Media Release 2010-05-19	Disadvantaged 14 year old Cape Flats boy with no criminal convictions left to rot in prison for 3 years. JASA sues the Cabinet, the Magistrate and 6 other Respondents for appalling breaches of human rights and constitutional rights. (117kb pdf document)
Notice of Motion 2010-05-19	JASA has launched High Court proceedings on behalf of Andre Williams (pictured right). (85kb pdf document)
Founding Affidavit 2010-05-19	(160kb pdf document)

JASA and Marie Stopes Clinics
2010-02-03	JASA has launched proceedings for R.150,000 damages against the Marie Stopes clinic in Cape Town on behalf of Mrs Pillay who was refused counselling and came near to death during an abortion because no doctor was available and there was no resuscitation equipment in working order. See Media Release (85kb pdf document) and Particulars of Claim (100kb pdf document).
Affidavit: 2008-07-01	JASA has agreed to a request to assist the Western Cape Department of Health in their current court case against Marie Stopes: we now have sworn evidence of a woman who came close to death because no doctor was present and apparently no resuscitation equipment in working order was available (9kb pdf document)

Last updated February 2012
© 2012 JASA
Justice Alliance of South Africa
1, Ruskin Road, Bergvliet, Cape Town 7945
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Email: office@justicealliance.co.za