CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

CULTURAL RIGHTS MUST HAVE MEANING IN PRACTICE

Cultural rights have meaning when they are realised in practice. The FW de Klerk Foundation’s CRL Report Card 2026 examines key developments affecting cultural, religious and linguistic communities, from Khoi and San recognition to cultural participation and customary practices.

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PROTECTING FREEDOM OF BELIEF IN SOUTH AFRICA

South Africa’s Constitution strongly protects freedom of conscience, religion, thought, belief and opinion. Yet recent debates surrounding the CRL Rights Commission’s proposed self-regulatory framework for the religious sector have raised important questions about the relationship between accountability, religious autonomy and State involvement. This article examines the constitutional protections afforded to religious communities, the controversy surrounding the Section 22 process, and why safeguarding freedom of belief remains essential to South Africa’s democracy, diversity and human rights culture.

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CORRUPTION WATCH V SPEAKER OF THE NATIONAL ASSEMBLY AND OTHERS

The Constitutional Court’s judgment in Corruption Watch v Speaker of the National Assembly and Others confirms that meaningful public participation is a constitutional requirement in the appointment of Chapter Nine institution commissioners. The Court found that Parliament’s failure to provide adequate information, sufficient time and accessible avenues for public comment rendered the Commission for Gender Equality appointment process unconstitutional.

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PODCASTS

THE CONSTITUTION@WORK PRESENTS: EDUCATION REFORM RECOMMENDATIONS

22 July 2026 @ 12:00 am – 11:59 pm –

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.

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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.

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SUBMISSIONS

SPEECHES

EVENTS

WHY THE BRONKHORSTSPRUIT WATER CRISIS VIOLATES THE CONSTITUTION

The FW de Klerk Foundation raises concern over the Bronkhorstspruit water crisis, warning that contaminated drinking water threatens constitutional rights, public health and human dignity. The Foundation calls for transparency, accountability and urgent reforms to address systemic weaknesses in South Africa’s water governance and infrastructure management.

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CULTURAL RIGHTS MUST HAVE MEANING IN PRACTICE

Cultural rights have meaning when they are realised in practice. The FW de Klerk Foundation’s CRL Report Card 2026 examines key developments affecting cultural, religious and linguistic communities, from Khoi and San recognition to cultural participation and customary practices.

Read More »

PROTECTING FREEDOM OF BELIEF IN SOUTH AFRICA

South Africa’s Constitution strongly protects freedom of conscience, religion, thought, belief and opinion. Yet recent debates surrounding the CRL Rights Commission’s proposed self-regulatory framework for the religious sector have raised important questions about the relationship between accountability, religious autonomy and State involvement. This article examines the constitutional protections afforded to religious communities, the controversy surrounding the Section 22 process, and why safeguarding freedom of belief remains essential to South Africa’s democracy, diversity and human rights culture.

Read More »

CONSTITUTIONAL ISSUES