ARTICLE: THE 25TH ANNIVERSARY OF THE 1996 CONSTITUTION
2021-12-10
By the FW de Klerk Foundation On 10 December 1996 – 25 years ago – President Mandela signed the 1996 Constitution into law in the
By the FW de Klerk Foundation On 10 December 1996 – 25 years ago – President Mandela signed the 1996 Constitution into law in the
Recent statements made by a senior advocate, Tembeka Ngcukaitobi, who is currently serving in an acting capacity as a judge in the South African Land Claims Court, raise a number of considerations and serious questions about what constitutes South Africa’s constitutional project – particularly when considering the possibility of expropriation of property without compensation (EWC).
Judge Jody Kollapen is one of eight candidates who are being interviewed this week by the Judicial Service Commission to fill two vacancies on the Constitutional Court. In the course of his interview he is reported to have said that “in the transition to democracy, South Africans had perhaps focused too much on reconciliation and not enough on transformation.” He added that “reconciliation could not be achieved without transformation – without all South Africans accessing the economy.”
It is crucial that racist and hurtful non-inclusive behaviour anywhere in South Africa should be addressed with firmly and effectively. Equally critical is a unified and unambiguous condemnation by all South Africans – including government – of racist threats and instigation of violence as such actions have the potential of provoking racial conflict that would cause immense harm to South Africa – we have seen this in Senekal and, more recently, Brackenfell.
After his election as national President in 2018, Ramaphosa showed that he was serious about combating corruption by strengthening and supporting key institutions – including the National Prosecuting Authority and the Zondo Commission – that were investigating corrupt practices and state capture. These steps finally bore fruit on 10 November, when the NPA issued an arrest warrant for Magashule on 21 charges of fraud and corruption – associated with the so-called Free State asbestos affair which involved irregular contracts to the value of R255 million.
DEALING WITH THE PAST SPEECH BY FORMER PRESIDENT FW DE KLERK TO THE CAPE TOWN PRESS CLUB 1 OCTOBER 2020 It is once again a
It is once again a great pleasure for me to address the Cape Town Press Club.
I shall spend a little more time today on the past than on the future ‐ because, at the age of 84, I have much more past than future ‐ and also because the past has become an increasingly contentious issue, not only for the present ‐ but also for the future.
This Heritage Day we are slowly emerging from the most immediate aftermath of Covid-19 and its devastating effect on our country, economy and people.
On this day -and in a country belonging to all its’ people – South Africans are encouraged to celebrate their culture, the diversity of their beliefs and traditions.
One of the most important aspects recognised in the Constitution of South Africa, is the importance of our collective heritage and the rich cultural, linguistic and historical landscape painting the canvas of our people’s diversity. The South African Constitution unambiguously speaks to this in its’ preamble: South Africa belongs to all who live in it – united in our diversity – in the wider context of a nation and country recognising the injustices of our past; honouring those who suffered for justice and freedom in our land as well as respecting those who have worked to build and develop our country.
In an historic judgement yesterday, the Constitutional Court upheld the appeal of New Nation and others against the judgement last year of the Western Cape High Court regarding the right of individuals to stand as independent candidates in national and provincial elections. The Court declared that “the Electoral Act 73 of 1998 is unconstitutional to the extent that it requires that adult citizens may be elected to the National Assembly and Provincial Legislatures only through their membership of political parties.” It ordered Parliament to remedy this defect within the next 24 months – in time for the next national and provincial elections.