CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
STATEMENT: SOUTH AFRICAN HUMAN RIGHTS COMMISSION’S EQUALITY COURT PROCEEDINGS REGARDING ECONOMIC FREEDOM FIGHTERS’ SOCIAL MEDIA POST
The FW de Klerk Foundation welcomes the decision of the South African Human Rights Commission (SAHRC) to institute proceedings against the Economic Freedom Fighters (EFF) in the Equality Court arising from comments posted in the social media on 14 September 2019.
STATEMENT: FW DE KLERK WITHDRAWS HIS ACCEPTANCE OF AMERICAN BAR ASSOCIATION’S INVITATION
Former President FW de Klerk was recently invited to participate in one of a series of interviews that Jonathan Granoff, the President of the Global Security Institute, has been conducting with the American Bar Association.
ARTICLE: THE CONSTITUTIONAL COURT ORDERS PARLIAMENT TO INSTITUTE ELECTORAL REFORM
In an historic judgement yesterday, the Constitutional Court upheld the appeal of New Nation and others against the judgement last year of the Western Cape High Court regarding the right of individuals to stand as independent candidates in national and provincial elections. The Court declared that “the Electoral Act 73 of 1998 is unconstitutional to the extent that it requires that adult citizens may be elected to the National Assembly and Provincial Legislatures only through their membership of political parties.” It ordered Parliament to remedy this defect within the next 24 months – in time for the next national and provincial elections.
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
JUSTICE DELAYED, JUSTICE DENIED: A CONSTITUTIONAL CRISIS IN SOUTH AFRICA
The chronic inefficiency plaguing the Judicial Service Commission (JSC) and the persistent delays in delivering judgments by our courts raises serious constitutional concerns, jeopardising the very essence of justice in our democratic society.
THE DANGERS OF USING CRIMINAL SANCTIONS TO LIMIT FREEDOM OF EXPRESSION AND TO ENFORCE SOCIAL COHESION
On 15 November 2023, Parliament’s second house of Parliament – the National Council of Provinces (NCOP) – passed the Prevention and Combating of Hate Crimes and Hate Speech Bill despite countless submissions from various stakeholders opposing the Bill’s clear curtailment of the constitutionally-entrenched right to freedom of expression. The Bill will now go to the National Assembly for concurrence.
FREEDOM OF EXPRESSION IS SACROSANCT
The FW de Klerk Foundation discusses the pro-Palestine group’s disruption of a peace prayer gathering on November 12 at Sea Point promenade was unjustified and a clear violation of the prayer group’s constitutional rights to free speech and peaceful demonstration.
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