He says they also failed in their Constitutional duty to take proactive and reasonable steps to protect and preserve the rule of law.
President Ramaphosa, Minister Cele, and the rest of the Executive have a positive legal obligation to uphold and maintain law and order.
It is their CONSTITUTIONAL DUTY to ensure that they take proactive and reasonable steps to protect and preserve the rule of law!
— ActionSA (@Action4SA) July 14, 2021
Mashaba, says the ANC government has produced a perfect storm of poverty, unemployment, racial inequality, hopelessness, and desperation that led to the violence.
“We will be suing the ANC, the President, the Minister of Police, and the Minister of the Security Cluster, jointly and separately for the loss and damage to property. We are convinced we have a strong prospect of success of appealing to our judiciary that it is the actions and inactions of these parties that have directly caused the riotous behaviour that has led directly to the loss and destruction of property.”
The legal team will evaluate every application for the class action. They will act Pro Bono on behalf of the claimants. Advocate, Gillian Benson, will lead the team.
“Essentially it’s going to be averred that there was a duty to act expeditiously and reasonably in the prevention of the current state of looting and to avert the situation in which we now find ourselves as South Africans. Our Constitution enjoins our government to, with dignity, provide executive leadership in the interest of national unity and in accordance with the law of the republic. And it will be argued that this was not done.”
Mashaba says the class-action lawsuit against government is ground-breaking.
“It has never happened in our 27-years of democracy. But it’s a very necessary legal case to pursue. We engaged thoroughly with our legal team to ensure we hold our government accountable. Because I think as South Africans, and all of us needs to take that responsibility, over the last 27-years we failed to hold them accountable.”
South Africans, if you have been affected by the violence & looting across KZN & Gauteng, please JOIN OUR CLASS-ACTION LAWSUIT against this government.
This is going to be a historic moment in our democracy. It’s time to hold these hyenas to account!https://t.co/LJJMFGaLEl
— Herman Mashaba (@HermanMashaba) July 14, 2021