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ARTICLE: IS THE CONSTITUTION IN JEOPARDY AFTER THE ANC’S 5TH POLICY CONFERENCE?*

DAILY MAVERICK NDZ CR optThe chairs and tables have been packed away, the delegates are home and the myriad of reports of the ANC’s 5th Policy Conference are at Luthuli House for editing, publication and, in due course, for sending to regions and branches countrywide for discussion. The final policy decisions will be made in December, at the Elective Conference.

It is important to consider whether, from the verbal feedback and media reports, the Constitution is in jeopardy after the Policy Conference. What must be taken into account is that this Policy Conference was less about policy and more about the fierce leadership struggle between the delegates backing Mrs Zuma (“NDZ”) and Cyril Ramaphosa (“CR17”).

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STATEMENT: MEDIA FREEDOM IS REAFFIRMED

The Centre for Unity in Diversity (CUD) and the Centre for Constitutional Rights (CFCR) at the FW de Klerk Foundation welcome the ruling by the High Court in Johannesburg to interdict Black First Land First (BLF) and its founder, Andile Mngxitama, from harassing or assaulting journalists, or protesting outside their houses.

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ARTICLE: MAJORITY OF LOCAL AUTHORITIES IN BREACH OF THE CONSTITUTION

CONSTITUTIONS OPT

Section 152 of the Constitution describes the objectives of local government as providing democratic and accountable government, ensuring the provision of services, promoting social and economic development, and promoting a safe and healthy environment. Section 195 offers a set of basic values and principles governing public administration, amongst these a high standard of professional ethics, the effective use of resources, and accountability.

The most recently-released Report by the Auditor-General (AG) on the local government sector paints a bleak, and in many instances, deteriorating picture of the state of financial management and oversight, one that is wholly inconsistent with the laudable and enforceable principles of the Constitution. This comes after 23 years of democratic government and repeated appeals by the AG to local politicians and officials to get their house in order. Local government is the lens through which ordinary South Africans experience constitutional guarantees – and failure of local government erodes public trust in the constitutional state.

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STATEMENT: FEASIBILITY OF A SINGLE HUMAN RIGHTS BODY

The Centre for Unity in Diversity (CUD) has made a written submission to the Office on Institutions Supporting Democracy (OISD) and the Knowledge Information Services Division in Parliament, in response to its call for submissions on the feasibility of a Single Human Rights Body.

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SUBMISSION ON THE TEXAMO SPUR ALTERCATION

The FW de Klerk Foundation is honoured to have been requested by the Spur Panel of Inquiry to make a submission on the incident at the Texamo Spur in March 2017, with the aim of advising Spur how to handle such situations in particular, and possible reasons for the increase of such public incidents in general.

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WRITTEN SUBMISSION ON A PROCESS TO EXAMINE THE FEASIBILITY OF THE ESTABLISHMENT OF A SINGLE HUMAN RIGHTS BODY

The Centre for Unity in Diversity (CUD) and the Centre for Constitutional Rights (CFCR), both based at the FW de Klerk Foundation, avail ourselves to making a written submission in response to the call for submissions (25 May 2017) on the Feasibility of the Establishment of a Single Human Rights Body. Furthermore, we would appreciate the opportunity to engage the Office on Institutions Supporting Democracy (OISD) and the Knowledge Information Services Division in Parliament during the follow-up process of providing an oral submission.

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