The FW de Klerk Foundation welcomes the announcement by President Ramaphosa of Advocate Shamila Batohi as the new National Director of Public Prosecutions (NDPP). Advocate Batohi is well qualified and experienced to fulfil this significant role. This, at a time when the country is at a critical crossroads and the justice system cries out for an independent and fair-minded individual to fulfil the mandate of the National Prosecuting Authority (NPA). In line with section 179 of the Constitution, we trust that she will pursue her mandate without “fear, favour or prejudice”. Advocate Batohi has experience as a former Director of Public Prosecutions in KwaZulu-Natal and has gained international exposure in her role as the Senior Legal Advisor to the Prosecutor at the International Criminal Court (ICC). This latter experience we believe will be important, as it gives her the necessary distance and objectivity from matters facing prosecution.

The FW de Klerk Foundation has noted with deep concern the majority decision of the Constitutional Review Committee yesterday to recommend to Parliament the amendment of section 25 of the Constitution. 

The decision to amend the Constitution “to make explicit that which is implicit… Expropriation of land without Compensation as a legitimate option for Land Reform” is both substantively and procedurally wrong.  It is clear that the outcome of the so-called democratic process was decided before the process began. The majority of the Committee did not take into account at all the very sensible and correct arguments of those who are opposed to expropriation without compensation (EWC), but rather followed an ideological and party-political line. The majority of the Committee has pushed the recommendation through, and in doing so has counted views rather than weighing them. This will cost the country dearly.

The FW de Klerk Foundation welcomes the decision by Minister of Home Affairs, Malusi Gigaba, to resign with immediate effect (as we have argued on 2 November). Amid mounting charges of having lied under oath, violating the Constitution and being found to be in contravention of the Executive Members’ Ethics Act by the Public Protector, Minister Gigaba leaves Cabinet under a very dark cloud.

The FW de Klerk Foundation is delighted to announce that former President FW de Klerk was discharged from Panorama Mediclinic in Cape Town this afternoon, following a successful procedure on Saturday to treat pneumothorax. 

Mr and Mrs De Klerk, as well as the Foundation, would like to express their sincere thanks for all the good wishes and messages of support they have received over the past few days.

FW de Klerk was hospitalised yesterday at the Panorama Hospital with a condition known as pneumothorax – which is an abnormal collection of air in the pleural space between the lung and the chest wall.  He underwent a successful procedure this morning and it is expected that he will be discharged from hospital some time next week.

The FW de Klerk Foundation will today, Friday 26 October 2018, appear before the Constitutional Review Committee to make a presentation on its earlier submission on the possible amendment to section 25 of the Constitution. The Foundation regards this question as being of central importance to the future of South Africa – not only for successful land reform, but also for the future of property rights, the future of the economy, and the future of race relations in South Africa. 

Together with numerous respected jurists, including the late Arthur Chaskalson CJ, as well as the High Level Panel appointed by Parliament and led by former President Kgalema Motlanthe, the Foundation believes that it is not necessary to change section 25 of the Constitution to achieve land reform and extend property rights to all South Africans. 

The FW de Klerk Foundation welcomes, with cautious optimism, President Cyril Ramaphosa’s appointment of a Commission of Inquiry into alleged impropriety at the Public Investment Corporation (PIC). The appointment of the Commission is an important affirmation of the President’s powers, as granted by the Constitution. The wide-ranging terms of reference include the investigation into various allegations of improprieties linked to PIC investments. It also extends to the conduct of past and present office-bearers and staff, including the functioning of its Board. Of concern though, is the limited temporal scope of the work of the Commission – from 1 January 2015 to 31 August 2018, which excludes from scrutiny, any questionable deals conducted in that period. 

I have learned with great sadness of the death of Pik Botha.

He was one of the leading personalities in South African politics from 1970 until his retirement from active politics in 1996. He served with great distinction as South Africa’s Minister of Foreign Affairs from 1977 until 1994 – and was one of the world’s longest-serving foreign ministers.  During this period, he resolutely defended South Africa against growing international isolation.