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A DEFIANCE OF OUR CONSTITUTIONAL COMPACT: THE PERIL OF XENOPHOBIC MOBILISATION

The FW de Klerk Foundation views the ongoing escalation of xenophobic violence, intimidation, and the scapegoating of foreign nationals in South Africa with profound alarm. We write this to state clearly: such acts are not merely “community grievances” – they are a direct, violent, and unacceptable affront to the foundational values of our 1996 constitutional settlement.

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LOCAL GOVERNMENT IS FAILING SOUTH AFRICANS – HERE IS HOW WE FIX IT

For millions of South Africans, the Constitution promises open, accountable and responsive government, dignity, equality and access to basic services like water. Yet for many communities, those promise collapses at local government level. Water taps run dry, refuse is not collected, potholes are permanent and corruption goes unpunished.

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CUSTOMARY MARRIAGES, PROPERTY RIGHTS AND CONSTITUTIONAL EQUALITY: WHY VVC V JRM MATTERS TO SOUTH AFRICANS

VVC v JRM clarifies how South African law treats couples who first marry under customary law and later conclude a civil marriage. The Court held this is one continuous marriage, not a new one. Rights and obligations from the customary marriage continue and property accumulated remains protected. Spouses cannot informally change proprietary rights; any change to the matrimonial property system requires court approval under section 21 of the Matrimonial Property Act. Interpreting section 10(2) of the Recognition of Customary Marriages Act with the MPA, the judgment advances equality, dignity, the protection of property rights and legal certainty, protecting vulnerable spouses and creditors.

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