CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
PUBLIC LAND IS A CONSTITUTIONAL INSTRUMENT, NOT A BALANCE-SHEET ENTRY
The Constitutional Court’s Tafelberg judgment confirms that well-located public land cannot be treated merely as a commercial asset when it can help reverse apartheid’s spatial legacy. Where affordable housing is built matters, because access to employment, transport, education and essential services forms part of meaningful access to adequate housing. Municipalities and provinces must therefore manage and dispose of public land transparently, with genuine public participation and proper regard for its constitutional value.
LESSONS FROM THE 2026 GTAC CONFERENCE
The 2026 GTAC Public Economics Conference highlighted a central truth: South Africa’s employment crisis cannot be solved by training people for jobs that do not exist. Sustainable progress requires evidence-based policy, smarter public spending and greater support for the informal, township and rural economies where millions already earn their livelihoods. Ultimately, the Constitution demands a state that protects dignity, removes barriers to opportunity and measures success by real outcomes rather than the number of programmes funded.
FW DE KLERK FOUNDATION ON WITHHOLDING OF MUNICIPAL TRANSFERS
The FW de Klerk Foundation notes National Treasury’s decision to withhold transfers to non-compliant municipalities and Parliament’s call for their urgent compliance. These developments confirm what has become crystal clear: Many municipalities across South Africa faces a deep and persistent governance crisis.
PODCASTS
THE CONSTITUTION@WORK PRESENTS: URBAN HOUSING RECOMMENDATIONS
14 July 2026 @ All Day. –
On this episode the focus is on a deeply structural issue that affects millions of South Africans: housing and urban reform with Daneila Ellerbeck, Lusanda Mahkuntsu and Mpone Komako and together they unpack the Foundation’s key recommendations – looking at how housing reform can help build a more inclusive and equitable society.
THE CONSTITUTION@WORK PRESENTS: DISCUSSION ON YOUTH UNEMPLOYMENT SOLUTIONS
7 July 2026 @ All Day. –
In the latest episode of the Constitution@Work, Daniela Ellerbeck, Lusanda Mahkuntsu, Mpone Komako and Ismail Joosub discuss how South Africa’s Constitution shapes the real-world experience of rights and freedoms.
THE CONSTITUTION@WORK PRESENTS: DISCUSSIONS WITH CILLIERS BRINK ON LOCAL GOVERNMENT PART 2
21 April 2025 @ All Day. –
In the latest episode of the Constitution@Work, Ismail Joosub, the Foundation’s Constitutional Advancement Programme Manager, continues his conversation with Cilliers Brink, member of the Democratic Alliance, on local government.
SUBMISSIONS
SUBMISSION DRAFT GENERAL PUBLIC PROCUREMENT REGULATIONS, 2026
The FW de Klerk Foundation’s submission on Draft General Public Procurement Regulations, 2026
SUBMISSION ON DRAFT TOWNSHIP & RURAL ECONOMY DEVELOPMENT & REVITALISATION POLICY
The FW de Klerk Foundation’s submission on Draft Township & Rural Economy Development & Revitalisation Policy
SUBMISSION ON REVIEWED DRAFT WHITE PAPER ON LOCAL GOVERNMENT
The FW de Klerk Foundation’s submission on reviewed draft white paper on local government
SPEECHES
DEALING WITH THE PAST
DEALING WITH THE PAST SPEECH BY FORMER PRESIDENT FW DE KLERK TO THE CAPE TOWN PRESS CLUB 1 OCTOBER 2020 It is once again a
THE CONSTITUTION, STATE CAPTURE AND THE WAY FORWARD
SPEECH BY FW DE KLERK, CHAIRMAN EMERITUS OF THE FW DE KLERK FOUNDATION TO THE FW DE KLERK FOUNDATION CONFERENCE, 2 FEBRUARY 2018 THE CONSTITUTION,
THE NEW SOUTH AFRICA AT 20: THE NEED FOR REAL TRANSFORMATION
SPEECH BY FORMER PRESIDENT FW DE KLERK TO THE FW DE KLERK FOUNDATION CONFERENCE ON THE NEED FOR REAL TRANSFORMATION, CAPE TOWN, 31 JANUARY 2014
EVENTS
SUBMISSION DRAFT GENERAL PUBLIC PROCUREMENT REGULATIONS, 2026
The FW de Klerk Foundation’s submission on Draft General Public Procurement Regulations, 2026
SUBMISSION ON DRAFT TOWNSHIP & RURAL ECONOMY DEVELOPMENT & REVITALISATION POLICY
The FW de Klerk Foundation’s submission on Draft Township & Rural Economy Development & Revitalisation Policy
PUBLIC LAND IS A CONSTITUTIONAL INSTRUMENT, NOT A BALANCE-SHEET ENTRY
The Constitutional Court’s Tafelberg judgment confirms that well-located public land cannot be treated merely as a commercial asset when it can help reverse apartheid’s spatial legacy. Where affordable housing is built matters, because access to employment, transport, education and essential services forms part of meaningful access to adequate housing. Municipalities and provinces must therefore manage and dispose of public land transparently, with genuine public participation and proper regard for its constitutional value.
CONSTITUTIONAL ISSUES
- Equality
- Non-racialism
- Gender Rights
- The Constitution
- The Rule of Law
- Multiparty Democracy
- Personal Rights
- Cultural, Religious and Language Rights
- Freedom of Expression and Political Rights
- Social and Economic Rights
- Property Rights
- Education
- Access To The Courts, Information And Fair Adminstration