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A DEFIANCE OF OUR CONSTITUTIONAL COMPACT: THE PERIL OF XENOPHOBIC MOBILISATION
Issued by Christo van der Rheede on behalf of the FW de Klerk Foundation on 25/06/2026
The FW de Klerk Foundation views the ongoing escalation of xenophobic violence, intimidation, and the scapegoating of foreign nationals in South Africa with profound alarm. We write this to state clearly: such acts are not merely “community grievances” they are a direct, violent, and unacceptable affront to the foundational values of our 1996 constitutional settlement.
Our Constitution was forged from the ashes of a fractured, exclusionary past precisely to ensure that South Africa would never again be a society defined by hatred, arbitrary exclusion, or the dehumanization of the “other.” When individuals or groups take the law into their own hands to harass, loot, or terrorize people based on their nationality, they do not act in defence of sovereignty; they act in destruction of the Rule of Law.
The Foundation asserts the following:
The Rule of Law is Indivisible: A nation that permits vigilante justice against migrants is a nation that has abandoned the security of its own citizens. When the state fails to maintain law and order, it creates a vacuum that is inevitably filled by demagoguery and mob violence. The state has the sole, exclusive, and constitutional authority to manage its borders and enforce migration laws. Any attempt by private actors or political movements to usurp this authority is not “patriotism” – it is an assault on the state’s monopoly on the use of force, without which no citizen – local or foreign – is safe.
Scapegoating is a Failure of Governance: We recognize that legitimate concerns exist regarding the management of undocumented migration and the strain on public services. However, channelling the frustrations of service delivery failures into hatred against vulnerable foreign nationals is a dishonest and dangerous form of political theatre. It is a diversionary tactic used by those who lack the administrative competence to govern effectively. It is far easier to incite a mob against a shopkeeper than it is to build the hospitals, schools, and infrastructure that this country desperately requires.
A Betrayal of Our Values: We are a society founded on human dignity, equality, and freedom. These rights are not reserved for citizens; they are inherent to every human being within our borders. By engaging in or tolerating xenophobia, we are systematically dismantling the very moral architecture that was meant to protect us all from the ravages of discrimination.
The FW de Klerk Foundation demands that law enforcement agencies act with absolute resolve to prosecute those who incite or perpetrate violence against foreign nationals. Silence and hesitation from the executive only embolden the perpetrators and signal that the Constitution is, at best, optional.
We call upon all political leaders, civil society, and the public to reject the siren song of xenophobic populism. We cannot build a prosperous and secure future by emulating the worst instincts of our past. True strength lies in adhering to the Constitution, not in persecuting the vulnerable.
Issued by the FW de Klerk Foundation.

PUBLIC LAND IS A CONSTITUTIONAL INSTRUMENT, NOT A BALANCE-SHEET ENTRY
The Constitutional Court’s Tafelberg judgment confirms that well-located public land cannot be treated merely as a commercial asset when it can help reverse apartheid’s spatial legacy. Where affordable housing is built matters, because access to employment, transport, education and essential services forms part of meaningful access to adequate housing. Municipalities and provinces must therefore manage and dispose of public land transparently, with genuine public participation and proper regard for its constitutional value.

LESSONS FROM THE 2026 GTAC CONFERENCE
The 2026 GTAC Public Economics Conference highlighted a central truth: South Africa’s employment crisis cannot be solved by training people for jobs that do not exist. Sustainable progress requires evidence-based policy, smarter public spending and greater support for the informal, township and rural economies where millions already earn their livelihoods. Ultimately, the Constitution demands a state that protects dignity, removes barriers to opportunity and measures success by real outcomes rather than the number of programmes funded.

FW DE KLERK FOUNDATION ON WITHHOLDING OF MUNICIPAL TRANSFERS
The FW de Klerk Foundation notes National Treasury’s decision to withhold transfers to non-compliant municipalities and Parliament’s call for their urgent compliance. These developments confirm what has become crystal clear: Many municipalities across South Africa faces a deep and persistent governance crisis.