2. The Centre for Constitutional Rights (CFCR) is a unit of the FW de Klerk Foundation – a non-profit organisation dedicated to upholding the Constitution of the Republic of South Africa , 1996 (the Constitution). To this end, the CFCR seeks to promote the values, rights and principles provided for in the Constitution; to monitor developments including conduct, policy and draft legislation that may affect the Constitution and the values, rights and principles provided therein; to inform people and organisations of their constitutional rights; and to assist them in claiming their rights. We do so in the interest of every person in South Africa.

3. It is not the purpose or intention of this submission to provide comprehensive legal analysis or technical assessment of the draft Policy, but rather to draw attention to key concerns in relation to the draft Policy – particularly in so far as it relates to the aforementioned constitutional values, rights and principles. Nonetheless, the CFCR will be available to elaborate on this concise submission, when and if so required.

4. As such and with reference to the aforementioned call for comments, please find below concise comments regarding the Department’s published draft Policy: 

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