THE CONSTITUTION
THE ADVANCEMENT AND DEFENCE OF THE CONSTITUTION
Following his retirement from politics in 1997, FW de Klerk believed that he had a continuing responsibility to all those who had supported him during his presidency to uphold the Constitution that he had helped to negotiate. The advancement and defence of the Constitution have accordingly been core goals of the Foundation since its establishment in 1999. The Foundation pursues these goals by:
- monitoring legislation, court judgements and developments in the political debate that might impact the Constitution;
- participating in the national debate on constitutional issues through the publication of articles and podcasts; the organisation of conferences and seminars; and the publication of its annual Human Rights Report Card;
- making submissions on problematic legislation and policies to Parliament and state organs;
- initiating and participating in campaigns to oppose legislation and policies that undermine the Constitution; and
- initiating litigation, where appropriate, to
oppose unconstitutional actions and policies.
CURRENT THREATS TO THE CONSTITUTION
In its latest Human Rights Report Card, the Foundation identified the following principal threats to the Constitution:
1.
the unsustainable conditions of poverty, inequality, unemployment, violent crime and declining social, educational and health services that constitute the lived daily experience of a majority of South Africans;
6.
2.
any continuation of the severe and arbitrary restrictions of a wide range of basic rights imposed under the Disaster Management Act to deal with the COVID crisis;
7.
the further erosion of non-racialism through the imposition of racial employment quotas under the Employment Equity Amendment Bill;
3.
any repetition of the collapse of law and order experienced in KwaZulu-Natal during July, 2021;
8.
the erosion of the freedom of expression posed by the Prevention and Combatting of Hate Crimes and Hate Speech Bill;
4.
the failure of the government to take credible steps to combat state capture and corruption;
9.
the failure of service delivery at all levels of government – particularly with regard to education, health, housing, sanitation services and the provision of electricity; and
5.
the adoption of measures in terms of the Expropriation Bill and the Land Courts Bill that might undermine property rights;
10.
the unintended consequences of the adoption and implementation of the National Health Insurance Bill.
CURRENT THREATS TO THE CONSTITUTION
In its latest Human Rights Report Card, the Foundation identified the following principal threats to the Constitution:
1.
the unsustainable conditions of poverty, inequality, unemployment, violent crime and declining social, educational and health services that constitute the lived daily experience of a majority of South Africans;
2.
any continuation of the severe and arbitrary restrictions of a wide range of basic rights imposed under the Disaster Management Act to deal with the COVID crisis;
3.
any repetition of the collapse of law and order experienced in KwaZulu-Natal during July, 2021;
4.
the failure of the government to take credible steps to combat state capture and corruption;
5.
the adoption of measures in terms of the Expropriation Bill and the Land Courts Bill that might undermine property rights;
6.
7.
the further erosion of non-racialism through the imposition of racial employment quotas under the Employment Equity Amendment Bill;
8.
the erosion of the freedom of expression posed by the Prevention and Combatting of Hate Crimes and Hate Speech Bill;
9.
the failure of service delivery at all levels of government – particularly with regard to education, health, housing, sanitation services and the provision of electricity; and
10.
the unintended consequences of the adoption and implementation of the National Health Insurance Bill.
HUMAN RIGHTS REPORT CARD
The FW de Klerk Foundation conducts an annual assessment of the degree to which South Africa has been making progress with the implementation of human rights and where it has been regressing. The Report Card allocates a grade for each right with an indication of whether the prospects for the right are improving or deteriorating: