CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
COMPARING SOUTH AFRICA AND TURKEY’S APPROACH TO THE RIGHT TO HOUSING, ESPECIALLY IN URBAN AREAS
As cities expand and housing demand rises, governments face growing pressure to provide safe, affordable and adequate housing. This article compares South Africa’s rights-based approach to housing, grounded in constitutional protections and human dignity, with Turkey’s development-driven model focused on large-scale housing delivery and urban renewal. By examining both systems, it highlights key lessons for addressing urban housing challenges while balancing efficient delivery with the protection of fundamental rights.
WHY SAHRC V MALEMA MATTERS
Freedom of expression is a cornerstone of South Africa’s democracy, but it is not unlimited. The SAHRC v Malema case highlights where the law draws the line between protected political speech and hate speech, offering important lessons for politicians, voters and constitutional democracy.
FW DE KLERK FOUNDATION WELCOMES STRONGER OVERSIGHT UNDER NEW PSC ACT
The FW de Klerk Foundation welcomes the Public Service Commission Act 8 of 2026 as an important step towards stronger, independent oversight of South Africa’s public administration. The expanded mandate of the Public Service Commission, including future oversight of municipalities and public entities, can strengthen accountability, professionalisation and service delivery. Effective implementation will require adequate resources, protection from political interference and clear evidence that PSC findings lead to meaningful corrective action.
PODCASTS
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.
THE CONSTITUTION@WORK PRESENTS: DISCUSSIONS WITH CILLIERS BRINK ON LOCAL GOVERNMENT PART 1
18 February 2025 @ All Day. –
In this episode of Constitution@Work, Ismail Joosub, the Foundation’s Constitutional Advancement Programme Manager, sits down with Cilliers Brink, member of the Democratic Alliance, to discuss local government.
THE CONSTITUTION@WORK PRESENTS: ELECTORAL REFORM PODCAST #7
18 February 2025 @ All Day. –
In this episode of the Constitution@Work, Ismail Joosub, Thando Malinga, Lusanda Mahkuntsu and Mpone Komako, of the FW de Klerk Foundation, discuss the importance of electoral reform before 2029, the rapidly closing window for meaningful electoral reform, the Foundation’s recent submission regarding the Draft Amendments to the Local Government Municipal Planning and Performance Management Regulations and the Foundation’s urgent request to Honourable Dr Leon Schreiber (MP Minister of Home Affairs), Honourable Angela Thokozile Didiza (Speaker of the National Assembly) and Honourable Mosa Chabane (Chairperson, Portfolio Committee on Home Affairs) for swift action to ensure Parliament fulfils its legal obligations, by ensuring that any necessary legislation can be processed in good time.
SUBMISSIONS
SUBMISSION DRAFT ELECTORAL CODE OF CONDUCT COUNTERING DISINFORMATION IN LOCAL GOVERNMENT ELECTIONS
The FW de Klerk Foundation’s submission on draft Electoral Code of Conduct countering Disinformation in Local Government Elections.
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
SPEECHES
TRANSITIONS IN A MULTI-ETHNIC SOCIETY: THE SOUTH AFRICAN EXPERIENCE
SPEECH BY FORMER PRESIDENT FW DE KLERK TO THE INTERNATIONAL PEACE SYMPOSIUM BRUSSELS 4 NOVEMBER 2013 TRANSITIONS IN A MUTLI-ETHNIC SOCIETY: A SOUTH AFRICAN EXPERIENCE
AFRICA TODAY AND AFRICA TOMORROW
AFRICA TODAY AND AFRICA TOMORROW SPEECH BY FORMER PRESIDENT F W DE KLERK TO THE 30 CLUB LONDON 15 OCTOBER 2013 AFRICA TODAY AND AFRICA
THE STRUGGLE FOR EQUALITY
THE STRUGGLE FOR EQUALITY THE BARRY STREEK LECTURE BY FW DE KLERK CAPE TOWN, 6 SEPTEMBER 2012 THE STRUGGLE FOR EQUALITY It’s a great honour
EVENTS
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.
COMPARING SOUTH AFRICA AND TURKEY’S APPROACH TO THE RIGHT TO HOUSING, ESPECIALLY IN URBAN AREAS
As cities expand and housing demand rises, governments face growing pressure to provide safe, affordable and adequate housing. This article compares South Africa’s rights-based approach to housing, grounded in constitutional protections and human dignity, with Turkey’s development-driven model focused on large-scale housing delivery and urban renewal. By examining both systems, it highlights key lessons for addressing urban housing challenges while balancing efficient delivery with the protection of fundamental rights.
WHY SAHRC V MALEMA MATTERS
Freedom of expression is a cornerstone of South Africa’s democracy, but it is not unlimited. The SAHRC v Malema case highlights where the law draws the line between protected political speech and hate speech, offering important lessons for politicians, voters and constitutional democracy.
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