On 6 February 2024, the National Council of Provinces met to decide whether to grant the Western Cape Provincial Parliament’s request for an extension of the period for comments and hearings related to the Basic Education Laws Amendment Bill.
The Basic Education Laws Amendment Bill (also known as the “BELA Bill”) has sparked intense debate and scrutiny across South Africa.
On 4 December, the Constitutional Court delivered a judgement that has far-reaching implications for the landscape of South African elections, particularly in relation to independent candidates.
Section 3 of the Constitution – ranking just after the rule of law and Constitutional supremacy – recognises the right of all citizens to citizenship. Its placement indicates its importance not only for equal entitlement to rights, privileges and benefits of citizenship, but also for the realisation of a “united and democratic South Africa.”
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”).
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.
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”.
On Friday, 14 July, the FW de Klerk Foundation, supported by the Konrad Adenauer Foundation (KAS), hosted a conference on the topic of property rights at the Bryanston Country Club in Johannesburg.
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
