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THE FW DE KLERK FOUNDATION 2023 REPORT CARD ON CULTURAL, RELIGIOUS AND LANGUAGE RIGHTS

On 15 September, the FW de Klerk Foundation made a written submission to the National Council of Provinces on the National Health Insurance Bill. The Foundation analysed key failures of the NHI Bill with specific reference to the constitutional principle of the Rule of Law and rationality, the feasibility of the proposed system and governance concerns, coupled with the unfettered power of the Minister of Health (“the Minister”).

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DR MAVUSO MSIMANG PROVIDES A MASTERFUL DISPLAY OF ‘DISCRETION IN TACT’

In a recent interview with Alec Hogg of BizNews, Dr. Mavuso Msimang, the Deputy President of the ANC’s Veteran’s League, took issue with Anthea Jeffery’s epic analysis of the ANC’s National Democratic Revolution. He said that “in summary, the NDR is not inherently part of the ANC’s framework”. The ANC was not committed to socialism and was “more likely to follow the example of the Scandinavian countries, which are capitalist economies with strong social safety nets.”

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THE NINE LIVES OF JACOB ZUMA

On 11 August 2023, after serving just over an hour in the Estcourt Prison, former president Jacob Zuma was granted a “special remission” and walked out of prison a free man thanks to the transparent intervention of President Cyril Ramaphosa.

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CHALLENGES AND CONTROVERSIES SURROUNDING THE TERMINATION OF ZIMBABWEAN EXEMPTION PERMITS IN SOUTH AFRICA

On 5 January 2022, the Minister of Home Affairs abruptly withdrew the Zimbabwean Exemption Permits (ZEP). This decision triggered legal action and scrutiny over its validity and adherence to legal principles, particularly regarding the procedural fairness, constitutional rights, and treatment of refugees in the country. On 28 June 2023, the High Court found that the Minister’s decision was invalid, unconstitutional and unlawful

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PUBLIC PROTECTOR’S REPORT ON PHALA PHALA LEAVES MANY QUESTIONS UNANSWERED

On 30 June, Acting Public Protector (APP) Adv Kholeka Gcaleka released her final report on allegations that President Ramaphosa had violated the executive ethics code in connection with the theft at his Phala Phala farm in February 2020. The Report, issued in terms of Section 182(1)(b) of the Constitution, cleared President Ramaphosa of any wrongdoing.

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NEW LAND COURT BILL THREATENS INDEPENDENCE OF JUDICIARY

On 23 May 2023, Parliament passed the Land Court Bill, which it believes will resolve “backlogs in land claims and dispute resolution mechanisms”, and ensure that “land reform in its entirety be accelerated in a lawful and equitable manner, guided by progressive jurisprudence”. The FW de Klerk Foundation remains deeply concerned that the Land Courts and the Land Appeal Court, which will be established by the Bill.

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NXESI PROMISES NUANCE IN EMPLOYMENT EQUITY

A “ground-breaking” settlement reached yesterday between Employment & Labour Minister Thulas Nxesi and trade union Solidarity states that “affirmative action shall be applied in a nuanced way… and the economically active population (EAP) statistics will only be one of the many factors that will be taken into account in the compliance analysis of affirmative action in any workplace”.

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