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The FW de Klerk Foundation writes regular articles on topical issues, supports language and cultural rights and participates in the national debate on racial and cultural issues. The Foundation also promotes communication by holding conferences and workshops.

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It is with the greatest concern that the FW de Klerk Foundation notes the 8 March 2019 finding of the South African Human Rights Commission (SAHRC) in which it dismisses the Foundation’s complaint of November 2016 against Julius Malema. The Foundation lodged a complaint against Malema regarding a statement that he had made outside the Newcastle Magistrate Court, in which he had said, inter alia, that “…White people found peaceful Africans here. They killed them. They slaughtered them like animals. We are not calling for the slaughtering of white people, at least for now. What we are calling for is the peaceful occupation of land and we don’t owe anyone an apology for that.”


Veteran journalist, Karima Brown, recently mistakenly posted a message on an EFF media WhatsApp group, advising journalists to “keep an eye out” for a “Breakfast with the Elderly” planned for Wednesday, 6 March.  EFF leader, Julius Malema, responded angrily that Brown was not a journalist and implied that she must be “a mole” working for a security agency or for the ANC.  After he had published her telephone number in a Tweet, some of his followers viciously abused Brown - calling her “an Indian whore and b****”, and threatening her with rape and death, and her family with violence.

The attack on Brown follows similar EFF attacks on other journalists, including Ranjeni Munusamy, Max du Preez and News24 editor, Adriaan Basson. 

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Recently, Minister Pravin Gordhan said that former Eskom engineers who are now working abroad should be recalled to South Africa to help solve the crisis. Most of them are probably white.

In the same week, Rapport quoted Eskom's own affirmative action plan, which outlines that by March 2020, there should be 1 308 fewer white employees (who are qualified) in its service. This includes 336 engineers and many middle managers - working where the essential maintenance work needs to be done.



The Expropriation Bill was published on 21 December 2018, with a timeframe of 60 days for public comment. Its timing - when virtually the entire country was on holiday - and its compressed timeframe for comments, predictably arouse suspicion.

At face value, the Draft Bill seeks to amend the Expropriation Act of 1975, which is in contradiction of section 25 of the Constitution in respect of two key provisions. First, the Expropriation Act makes reference to “public purpose” only, while the Constitution references “public interest” and “public purpose”. Secondly, the Expropriation Act refers to “market value”, while the Constitution refers to “just and equitable” compensation. Market value is but one consideration in the determination of just and equitable compensation.

pARLY CUD1. The FW de Klerk Foundation is a non-profit organisation whose mission it is to promote and preserve FW de Klerk’s presidential heritage by supporting the causes for which he worked during his Presidency. The Foundation promotes unity in diversity by working for cordial inter-community relations and national unity through the activities of the Centre for Unity in Diversity. The Foundation also supports and promotes the Constitution, the Bill of Rights and the Rule of Law through the activities of the Centre for Constitutional Rights.

2. Accordingly, the Foundation endeavours to contribute positively to the promotion and protection of our constitutional democracy. This includes the achievement of real and substantive equality and equitable access to land and other resources, with due regard for those rights concerning property and administrative action that is lawful, reasonable and procedurally fair, as provided for in the Constitution.

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Everyone cautioned that Finance Minister Tito Titus Mboweni would not have a lot of leeway in presenting his Budget for the coming year in Parliament. He did not flash big numbers around, but he definitely made an impact. He quoted from the Old Testament no less than three times, almost as if he realised that he would need supernatural powers for the job at hand.

As with the President’s State of the Nation, it is not sufficient to look at the numbers and the allocations and the commitments. There are few surprises. If one, however, reads between the lines, a different picture emerges.

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On 15 February 2019, the FW de Klerk Foundation made a written submission on the Prevention and Combatting of Hate Crimes and Hate Speech Bill [B9-2018] (the Bill) to the Portfolio Committee on Justice and Correctional Services. The Bill essentially provides for the offences of hate speech and hate crimes. A person found guilty on a first offence of hate speech in terms of the Bill might be looking at imprisonment of three years, and five years on a subsequent conviction. 

The Foundation is not opposed to the statutory recognition of hate crimes, as there is a clear need to distinguish hate crimes from ordinary crimes so that proper data collection of these specific crimes can take place and it can be properly prosecuted. We are, however, highly concerned about the proposed statutory criminal offence of hate speech and we submitted that the current version - although an improved version of the 2016 version - is highly flawed and unconstitutional. 

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    1. The FW de Klerk Foundation (the Foundation) is a non-profit organisation dedicated to upholding the Constitution of the Republic of South Africa, 1996 (the Constitution). To this end, the Foundation seeks to promote the Constitution and the values, rights and principles enshrined in the Constitution; to monitor developments including legislation and policy that may affect the Constitution or those values, rights and principles; to inform people and organisations of their constitutional rights and to assist them in claiming their rights. The Foundation does so in the interest of everyone in South Africa.

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PHONE: +27 (0) 21 930 36 22
FAX: +27 (0) 21 930 38 98

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Zeezicht Building, Tygerberg Park, 
163 Uys Krige Drive, Plattekloof, 
Cape Town, 7500, South Africa
P.O. Box 15785, Panorama, 7506, South Africa

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