CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
ARTICLE: HISTORICIDE
Our history mirrors the troubled histories of many other countries in North and South America and Australasia that were ‘discovered’ and settled by Europeans between the sixteenth and nineteenth centuries. The indigenous populations were conquered, some were enslaved and nearly all lost their ancestral lands. As Chief Red Cloud of the Sioux observed: “They made us many promises, but they kept only one: they promised to take our land – and they did.” Some indigenous people died resisting the invaders – but many, many more succumbed to the settlers’ diseases – perhaps as many as 90% of the population of South and Central America.
ARTICLE: RECONCILIATION IN SOUTH AFRICA: A WORK IN PROGRESS OR FORGOTTEN IDEAL?
It is crucial that racist and hurtful non-inclusive behaviour anywhere in South Africa should be addressed with firmly and effectively. Equally critical is a unified and unambiguous condemnation by all South Africans – including government – of racist threats and instigation of violence as such actions have the potential of provoking racial conflict that would cause immense harm to South Africa – we have seen this in Senekal and, more recently, Brackenfell.
ARTICLE: THE STRUGGLE FOR THE HEART AND SOUL OF THE ANC
After his election as national President in 2018, Ramaphosa showed that he was serious about combating corruption by strengthening and supporting key institutions – including the National Prosecuting Authority and the Zondo Commission – that were investigating corrupt practices and state capture. These steps finally bore fruit on 10 November, when the NPA issued an arrest warrant for Magashule on 21 charges of fraud and corruption – associated with the so-called Free State asbestos affair which involved irregular contracts to the value of R255 million.
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
DOCTORING THE SYSTEM: UNEMPLOYMENT AND THE CONTROVERSIAL NHI BILL
In the midst of a healthcare crisis, South Africa faces a perplexing paradox – a surplus of over 800 unemployed doctors juxtaposed with escalating medical negligence claims in state hospitals. The situation underscores the constitutional implications of the National Health Insurance (“NHI”) Bill, which, far from being a solution, appears to exacerbate the challenges at hand.
LIES, DECEIT AND LEGAL IRONY: ANC’S ‘FIRE POOL’ SAGA THREATENS DEMOCRACY
ANC Secretary-General Fikile Mbalula’s recent candid admission to the party’s deliberate deception of Parliament regarding the controversial “fire pool” at former President Jacob Zuma’s Nkandla homestead underscores a blatant abuse of power and casts a dark shadow over the principles of accountability and transparency enshrined in South Africa’s Constitution.
EROSION OF LANGUAGE RIGHTS: AFRIKAANS, EDUCATION, AND THE BATTLE FOR INCLUSIVITY
The recent decision by the Legal Practice Council (“LPC”) to conduct all exams for candidate attorneys and pupil advocates exclusively in English has sparked significant controversy and discontent among various stakeholders.
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