The Constitution Archives - Page 5 of 67

ELECTORAL COUNTDOWN AS JOHANNESBURG HANGS BY A THREAD

2026-05-15

Johannesburg’s growing fiscal and governance crisis has become more than a municipal problem. It is now a constitutional and economic warning about what happens when political instability, infrastructure decay and financial mismanagement begin to hollow out local government. As South Africa approaches the 4 November 2026 local government elections, the future of Johannesburg may well become a referendum on whether democratic governance can still deliver stability, accountability and basic services.

FW DE KLERK FOUNDATION: SOUTH AFRICA NEEDS DIGITAL ACCESS LAW THAT MAKES SENSE

2026-05-15

The FW de Klerk Foundation notes ICASA’s recent statement that, under the current Electronic Communications Act of 2005, full recognition of equity equivalent investment programmes in telecommunications would require legislative amendment. That position, coupled with Minister Solly Malatsi’s stated intention to pursue such amendments, reveals a deeper problem than a single regulatory dispute. It reveals a legal and policy disharmony that South Africa can no longer afford. As the country moves toward the 4 November 2026 local government elections, digital access is no longer peripheral. It bears directly on service delivery, public participation, education, local accountability and economic inclusion.

SAHRC REPORT: SERVICE DELIVERY FAILURES IN THE NORTHERN CAPE, NO LONGER ADMINISTRATIVE GLITCHES, BUT SYSTEMIC HUMAN RIGHTS VIOLATIONS.

2026-05-15

The South African Human Rights Commission’s (SAHRC) 2025-2026 Provincial Inquiry Report into the Northern Cape serves as a harrowing indictment of local governance. Spanning 26 local municipalities, the report details a landscape where the constitutional promise of dignity is being systematically eroded by institutional incapacity, financial mismanagement, and a catastrophic failure of basic infrastructure.

THE ANATOMY OF A MUNICIPAL MELTDOWN: THE CRISIS IN NELSON MANDELA BAY

2026-05-15

The oversight engagement conducted by the Parliamentary Portfolio Committee on Cooperative Governance and Traditional Affairs (COGTA) in May 2026 has laid bare a grim reality: Nelson Mandela Bay (NMB) Metropolitan Municipality is in the throes of a systemic collapse.

LOCAL GOVERNMENT RESET MUST BRING THE CONSTITUTION HOME

2026-05-11

The FW de Klerk Foundation welcomes the Reviewed Draft White Paper on Local Government and argues that South Africa’s municipal crisis requires a constitutional reset rather than isolated technical fixes. The statement highlights the importance of accountable, professional and depoliticised local government that can give practical meaning to constitutional rights through reliable service delivery and responsive governance. It further cautions that reform must strengthen local democracy, municipal autonomy and public participation while restoring trust in local government institutions.

CAN TECHNOLOGY SAVE DEMOCRACY? A LOOK INTO AI AND THE LOCAL GOVERNMENT ELECTIONS

2026-05-10

As South Africa approaches the 2026 local government elections, the growing role of artificial intelligence presents both democratic risks and democratic opportunities. While misinformation, synthetic media and declining public trust threaten electoral integrity, technology can also strengthen civic education, improve access to verified information and reconnect young people to democratic participation. The real challenge is therefore not whether technology can save democracy, but whether it can be responsibly used to strengthen constitutional resilience, public trust and active citizenship.

FW DE KLERK FOUNDATION EXPRESSES CONCERN OVER RISING XENOPHOBIC MOBILISATION

2026-05-10

The FW de Klerk Foundation has expressed concern over the growing escalation of xenophobic mobilisation and anti-immigrant intimidation in parts of South Africa. While acknowledging legitimate concerns around undocumented migration and border management, the Foundation stresses that immigration enforcement must remain lawful, constitutional and state-led. The Foundation warns that vigilantism, collective punishment and hate-driven exclusion threaten human dignity, social cohesion and the rule of law.

FW DE KLERK FOUNDATION MARKS 30 YEARS SINCE THE ADOPTION OF SOUTH AFRICA’S CONSTITUTION

2026-05-08

Today marks thirty years since the Constitutional Assembly adopted South Africa’s Constitution. The Assembly was South Africa’s first democratically elected, non-racial parliament and reflected diverse political views.

DID THE RECENT CONCOURT JUDGMENT RENDER THE SAHRC TOOTHLESS?

2026-04-29

A recent Constitutional Court judgment has clarified that the South African Human Rights Commission may investigate rights violations and make recommendations, but cannot itself impose legally binding remedial action. While some may view this as weakening the Commission, the judgment instead reinforces the constitutional principle that final coercive power belongs to the courts. The ruling therefore draws an important line between protecting human rights effectively and ensuring that all public power remains subject to the rule of law.

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ELECTORAL COUNTDOWN AS JOHANNESBURG HANGS BY A THREAD

FW DE KLERK FOUNDATION: SOUTH AFRICA NEEDS DIGITAL ACCESS LAW THAT MAKES SENSE

SAHRC REPORT: SERVICE DELIVERY FAILURES IN THE NORTHERN CAPE, NO LONGER ADMINISTRATIVE GLITCHES, BUT SYSTEMIC HUMAN RIGHTS VIOLATIONS.

THE ANATOMY OF A MUNICIPAL MELTDOWN: THE CRISIS IN NELSON MANDELA BAY

LOCAL GOVERNMENT RESET MUST BRING THE CONSTITUTION HOME

CAN TECHNOLOGY SAVE DEMOCRACY? A LOOK INTO AI AND THE LOCAL GOVERNMENT ELECTIONS

FW DE KLERK FOUNDATION MARKS 30 YEARS SINCE THE ADOPTION OF SOUTH AFRICA’S CONSTITUTION

DID THE RECENT CONCOURT JUDGMENT RENDER THE SAHRC TOOTHLESS?

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