Paul Hoffman
Paul Hoffman SC, a native of Johannesburg and a Wits graduate, practised law at the side bar from 1975 to 1980 and at the Cape Bar from 1980 to 2006. He took silk in 1995 and acted on the Cape Bench at the invitation of three successive judges president. After retiring from the Bar, he was founding director of the Centre for Constitutional Rights and co-founder, in 2009, of Accountability Now, both NGOs that promote constitutionalism. He is best known for his work on the irregularities in the arms deals, on the unconstitutionality of the Hawks and on the bread cartel case in which a general class action was developed by the courts. Yoga and long dog-walks on the beaches and mountains around his home in Noordhoek help keep him inspired to seek that elusive better life for all. He is the author of many articles and two books, Confronting the Corrupt, and Countering the Corrupt.
Articles By This Author
Caligula’s contribution to constitutional democracy
According to legend, the Roman emperor Caligula decided to appoint his horse, a magnificent Spanish stallion called Incitatus, as proconsul during a particularly trying time around the dawn of the Christian era.
Pule in the cabinet, Ramaphosa’s proposals to counter corruption in ruins
Dinah Pule was in the Zuma cabinet, but lost her position in politics over scandals around abuse of public funds on foreign travel with her
SA needs single independent entity to hunt down the corrupt
The Madlanga Commission and the related parliamentary ad hoc committee are nearing completion: what should emerge?
Our three hapless two-term presidents
Since the demise of the parliamentary sovereignty of the white component of SA and its replacement with constitutional democracy under the rule of law, there have been three two-term presidents in SA. Thabo Mbeki, who succeeded one-term Nelson Mandela, our iconic Nobel Peace Prize-winning first post-apartheid president; Jacob Zuma, who defeated Mbeki at the 2007 ANC conference held in Polokwane, and Cyril Ramaphosa, who in turn succeeded Zuma.
Public pressure can help bust corruption
In the seminal case now known as Glenister Two, the Constitutional Court laid down that SA law requires “a body outside executive control” to deal with corruption effectively. The motivation for this ruling is clearly that placing such an entity within or under executive control is incompatible with the independence that is necessary to enable the anti-corruption entity to do its work properly.
So, the Left wants to review the Constitution
The “conference of the Left” was held in Gauteng at the end of May. The SACP has produced a lengthy document that sets out to capture the essence of the discussions held. The document ends dramatically with a summary of the decisions of the gathering. That summary can be further summarised into the following points.
What does presidential avoidance of “the risk of a conflict of interest” mean?
The Phala Phala debacle has generated a lot of loose talk about whether or not a conflict of interest is in evidence on the President’s own version of the goings on around his dollar-stuffed couch at his game farm near Bela Bela.
The future of the Constitution in SA
In post-colonial African states, the new or “liberation” constitutions tend to be torn up, thrown away or up-ended via radical amendment.
What’s next for a president facing an impeachment hearing?
The relevant provisions of the Constitution that deal with removing the president from office are deceptively straightforward. These provisions are set out in Section 89 thus:
Is the new draft history curriculum for schools in SA even legal?
The South African Constitution is very clear in its treatment of the rights of children. [A “child” means a person under the age of 18 years.] This age group covers most school-going citizens.