CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
FW DE KLERK FOUNDATION RELEASES “WHOSE RESPONSIBILITY IS IT ANYWAY?” – A NEW DIGITAL GUIDE TO THE 2026 LOCAL GOVERNMENT ELECTIONS
The FW de Klerk Foundation and its partners have launched Whose Responsibility Is It Anyway?, a new digital guide designed to help South Africans, particularly young voters, navigate the 2026 Local Government Elections. The guide explains the role of local government, the rights and responsibilities of citizens, and the practical steps required to register and vote. As the first in a three-part series, it aims to strengthen constitutional literacy, democratic participation and accountability beyond election day.
STATE ABDICATION AND INCAPABILITY: THE CATALYST FOR VIOLENCE, CORRUPTION, AND LAWLESSNESS
South Africa possesses one of the world’s most progressive constitutions and highly sophisticated policy frameworks. Yet, a catastrophic disconnect exists across every tier of governance: chronic state inaction and regulatory blindness, followed inevitably by frantic, performative, and costly reactive crisis management.
LETTER FROM THE OFFICE OF THE PRESIDENT ON FW DE KLERK FOUNDATION PARLIAMENTARY DISRUPTION RESEARCH
The FW de Klerk Foundation welcomes the Presidency’s response to its research on the financial and constitutional cost of parliamentary disruptions. The Foundation’s analysis shows that disrupted sittings can cost taxpayers thousands of rand per minute while weakening Parliament’s duty to hold the Executive accountable. Following the Presidency’s encouragement, the Foundation will now engage Parliament directly on stronger accountability, consequence management and respect for South Africa’s constitutional institutions.
PODCASTS
SUBMISSIONS
LOOMING LEGISLATION: EXAMINING THE BELA BILL’S IMPACT ON EDUCATION
The Basic Education Laws Amendment Bill (BELA Bill) was passed by Parliament’s first house, the National Assembly on 26 October 2023. It is now before the second house, the National Council of Provinces and is currently open for written submissions. The FW de Klerk Foundation expresses its concerns about the BELA Bill.
NATIONAL PROSECUTING AUTHORITY AMENDMENT BILL SUBMISSION
On 12 October, the FW de Klerk Foundation made a submission on the National Prosecuting Authority Amendment Bill to Parliament and the Portfolio Committee on Justice and Correctional Services.
THE FW DE KLERK FOUNDATION’S SUBMISSION ON THE NHI BILL: THE PROPOSED NHI WILL NOT ACHIEVE UNIVERSAL HEALTH COVERAGE
On 15 September, the FW de Klerk Foundation made a written submission to the National Council of Provinces on the National Health Insurance Bill. The Foundation analysed key failures of the NHI Bill with specific reference to the constitutional principle of the Rule of Law and rationality, the feasibility of the proposed system and governance concerns, coupled with the unfettered power of the Minister of Health (“the Minister”).
SPEECHES
THE CONSEQUENCES OF THE ANC’S POLOKWANE CONFERENCE
SPEECH BY FORMER PRESIDENT F W DE KLERK TO THE COLLEGE HISTORICAL SOCIETY OF TRINITY COLLEGE, DUBLIN SOUTH AFRICA IN TRANSITION – AFTER POLOKWANE I
SPEECH BY PRESIDENT FW DE KLERK TO PARLIAMENT ON THE DISMANTLING OF SOUTH AFRICA’S NULCEAR WEAPONS, 24 MARCH 1993
NUCLEAR WEAPONS EXTRACT FROM SPEECH BY THE STATE PRESIDENT, MR F W DE KLERK, TO A JOINT SESSION OF PARLIAMENT, 24 MARCH 1993 Mr Speaker,
THE FINAL ABOLITION OF APARTHEID
THE FINAL ABOLUTION OF APARTHEID SPEECH BY THE STATE PRESIDENT, MR F W DE KLERK, PARLIAMENT, 17 JUNE 1991 EMBARGO: 16:00 ON MONDAY, 17 JUNE
EVENTS
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.
CIVIL SOCIETY CALLS FOR TIME-BOUND PARLIAMENTARY ACTION ON ELECTORAL REFORM
Civil society organisations and individuals urge Parliament to act without delay to finalise its consideration of the Electoral Reform Consultation Panel’s report, warning that the window to secure meaningful electoral reform before the 2029 national and provincial elections is rapidly closing.
THE FW DE KLERK FOUNDATION URGES PARLIAMENT TO MEET LEGAL OBLIGATIONS FOR ELECTORAL REFORM
The FW de Klerk Foundation has formally written to Parliament to request urgent clarity on the programme, process and timelines for finalising its consideration of the Electoral Reform Consultation Panel’s (“ERCP”) consolidated report.
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