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.

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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.

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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.

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PODCASTS

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.

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SUBMISSIONS

SPEECHES

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.

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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.

Read More »

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.

Read More »

CONSTITUTIONAL ISSUES