“The requirement of fair representation emphasises that the Constitution does not envisage a mathematical form of democracy, where the winner takes all until the next vote-counting exercise occurs. Rather, it contemplates a pluralistic democracy where continuous respect is given to the rights of all to be heard and have their views considered.” – Justice Albie Sachs
The Centre for Constitutional Rights (the 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 Centre seeks to promote the values, rights and principles provided for in the Constitution, to monitor developments including policy and draft legislation that might affect the Constitution and the values, rights or principles provided therein, to inform people and organisations of their constitutional rights and to assist them in claiming their rights.
The Centre for Constitutional Rights (CFCR) strongly condemns the violent and criminal behaviour by protestors resulting in shops and stalls of informal traders being looted and vandalised during a protest in Cape Town’s CBD today. The CFCR also condemns the reported incitement of criminal behaviour by African National Congress (ANC) councillor, Loyiso Nkhola, which allegedly led to today’s actions.
The Centre for Constitutional Rights (CFCR) welcomes President Zuma’s decision to refer the contentiousProtection of State Information Bill (the Bill) back to Parliament for reconsideration.
The Bill, which in general seeks to regulate the manner in which state information may be protected, was passed by Parliament earlier this year and was subsequently referred to the President to be signed into law in terms of section 79(1) of the Constitution. However, in a surprising yet much welcomed announcement, the President stated that, after considering the Bill in its entirety, he was of the opinion that the Bill “as it stands does not pass constitutional muster”. According to the President, sections of the Bill (in particular section 42 dealing with failure to report possession of classified information and section 45 legislating improper classification of information), “[lacked] meaning and coherence” and were therefore, in his opinion, “irrational and accordingly…unconstitutional”.
SPEECH BY F W DE KLERK TO LIVING NEWSPAPER CAPE TOWN, 30 SEPTEMBER 2002 SOUTH AFRICA’S PROGRESS TO DEMOCRACY: 8 YEARS ON Eight years
