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THE DANGERS OF USING CRIMINAL SANCTIONS TO LIMIT FREEDOM OF EXPRESSION AND TO ENFORCE SOCIAL COHESION

On 15 November 2023, Parliament’s second house of Parliament – the National Council of Provinces (NCOP) – passed the Prevention and Combating of Hate Crimes and Hate Speech Bill despite countless submissions from various stakeholders opposing the Bill’s clear curtailment of the constitutionally-entrenched right to freedom of expression. The Bill will now go to the National Assembly for concurrence.

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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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PLAYING WITH MATCHES IN THE GUNPOWDER STORE

Last Saturday, Julius Malema addressed a packed FNB stadium in Johannesburg to mark the 10th anniversary of the EFF. The scarlet-clad masses undulated to the rhythm of African music and the chanting of EFF slogans, while red and black balloons, confetti and streamers were discharged into the stadium. It was a cross between a rock concert, a soccer match and a religious revival.

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SIGN LANGUAGE ACT WELCOMED

On Wednesday 19 July, President Ramaphosa signed the South African Sign Language Act into law, a welcome step “to promote the rights of persons who are deaf and hard of hearing”.

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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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BELA BILL OPPOSITION CONTINUES

While public hearings on the Basic Education Laws Amendment (BELA) Bill continue nationally, it is no surprise that the majority of the comments received have voiced strong opposition to it.

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HACKING AWAY AT THE CONSTITUTIONAL LIFEBOAT

On 31 May, Dave Steward, FW de Klerk Chairman, issued a response to Prof Koos Malan’s view on those who supported the constitutional transformation of South Africa. Today, he responds to Prof Malan’s reply to this initial article.

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DON’T TEAR UP THE CONTRACT: CALL THE DELINQUENTS TO ACCOUNT!

In his recent articles on the Constitution, Prof Koos Malan expresses the view that those of us who supported the constitutional transformation of South Africa between 1989 and 1996 were motivated by some kind of liberal-religious delusion. Dave Steward, Chairman of the FW de Klerk Foundation, responds.

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The FW de Klerk Foundation is proud to share their 2023 Cultural, Religious and Linguistic Rights Report Card.