CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
ARTICLE: THE EMPLOYMENT EQUITY ACT (EEA) AMENDMENT BILL, 2020 AND DEMOGRAPHIC REPRESENTIVITY
Few people would disagree with the Employment Equity Act’s goals of “eliminating unfair discrimination in employment” and ensuring equitable access to the economy for all South Africans. We need an open, equitable and non-discriminatory economy.
However, in its pursuit of these goals the EEA has now become a core tool in the ANC’s project to reshape society and the economy according to demographic representivity (DR). The ANC’s objective has long been to ensure that DR is achieved in the private sector to the same degree that it is already a reality in the public sector. As Rob Davis put it in 2012 “We need to make sure that in the country’s economy, control, ownership and leadership are reflective of the demographics of the society in the same way that the political space does.”
ARTICLE: AFRIFORUM v UNISA: THE RIGHT TO EDUCATION IN THE LANGUAGE OF CHOICE
(b) practicability; and
ARTICLE: LITIGATION BY THE HELEN SUZMAN FOUNDATION REGARDING RESPONSIBILITY FOR THE MANAGEMENT OF THE COVID19 CRISIS
The FW de Klerk foundation welcomes the Helen Suzman Foundation’s (HSF) application, direct to the Constitutional Court, to declare that Parliament, the President and the Cabinet have failed to fulfill their obligations under the Constitution to prepare and adopt legislation to regulate the state’s response to the threat posed by COVID19.
The HSF has asked the Court to direct the Cabinet and Parliament to prepare and adopt such legislation – and to declare that the powers that the Minister of Cooperative Governance has assumed under the Disaster Management Act to manage the crisis will be terminated as soon as the requested legislation has been adopted.
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
BEHIND THE NATIONAL STATE ENTERPRISES BILL: A MISSED REVOLUTION
In September 2023, South Africa witnessed a watershed moment as the National State Enterprises Bill made its debut in the National Assembly. This milestone bore the promise of revitalising not only the country’s governance arena but, more importantly, its beleaguered state-owned enterprises (SOEs). However, this Bill’s initial allure as a harbinger of reform is, but a mirage.
THE ADOPTION OF THE BELA BILL WILL NOT TRANSLATE TO QUALITY EDUCATION FOR ALL
On 26 October 2023, the National Assembly passed the controversial Basic Education Laws Amendment (BELA) Bill, which it believes will improve the quality of basic education received by the majority of South African learners by creating a more just and equitable education system.
RUGBY WORLD CUP 2023: A SOURCE OF INSPIRATION AND ENCOURAGEMENT FOR OUR NATION
On behalf of the FW de Klerk Foundation, I would like to personally congratulate our national team and join my fellow South Africans in celebrating the Springboks’ glorious win at the 2023 Rugby World Cup at the Stade de France last Saturday.
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