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THE FW DE KLERK FOUNDATION’S SUBMISSION ON THE NHI BILL: THE PROPOSED NHI WILL NOT ACHIEVE UNIVERSAL HEALTH COVERAGE

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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LIKE CAESAR’S WIFE, THE PUBLIC PROTECTOR MUST BE ABOVE SUSPICION

On 29 August 2023, Kholeka Gcaleka, who is the Acting Public Protector (APP), was nominated as the candidate to succeed the disgraced Busisiwe Mkhwebane as Public Protector (PP). Mkhwebane’s predecessor, Advocate Thuli Madonsela, demonstrated how the office of Public Protector could play a crucial role in holding to account state institutions that were suspected of improper conduct. Indeed, her fearless exposure of state capture under President Jacob Zuma played a pivotal role in forcing his resignation. Sadly, Mkhwebane did not continue this proud tradition and instead mired the office in unseemly controversy after controversy, racking up an unprecedented number of judicial rebukes in the process.

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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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CHALLENGES AND CONTROVERSIES SURROUNDING THE TERMINATION OF ZIMBABWEAN EXEMPTION PERMITS IN SOUTH AFRICA

On 5 January 2022, the Minister of Home Affairs abruptly withdrew the Zimbabwean Exemption Permits (ZEP). This decision triggered legal action and scrutiny over its validity and adherence to legal principles, particularly regarding the procedural fairness, constitutional rights, and treatment of refugees in the country. On 28 June 2023, the High Court found that the Minister’s decision was invalid, unconstitutional and unlawful

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PUBLIC PROTECTOR’S REPORT ON PHALA PHALA LEAVES MANY QUESTIONS UNANSWERED

On 30 June, Acting Public Protector (APP) Adv Kholeka Gcaleka released her final report on allegations that President Ramaphosa had violated the executive ethics code in connection with the theft at his Phala Phala farm in February 2020. The Report, issued in terms of Section 182(1)(b) of the Constitution, cleared President Ramaphosa of any wrongdoing.

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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.