CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

PODCASTS

SUBMISSIONS

ARTICLE: FIVE TRENDS TO UNDERSTAND AND MANAGE 2020

2020 opt

At the start of a new year, we all reflect on the year ahead, what we want to do, what we are excited about, and what we are afraid of. What about the country – politics, the economy and our social life? It is impossible to make predictions, but one can describe certain trends, which are accompanied by certain events and their possible consequences.

Broadly, there are five trends that emerged during 2019 that will significantly impact the political and socio-economic landscape in 2020 – and which can help one to understand and cope with the year.

The first is a growing trend of centralisation and state control (read ANC control) of various aspects of South African society. There are currently four pieces of draft legislation (most of which were recently published by the ANC-controlled Parliament before the December holidays) that have one thing in common: greater and/ or absolute control over important national issues, which do not necessarily need State control or that should not be controlled because it is in the private domain according to constitutional requirements. 

Read More »

ARTICLE: INTERNATIONAL ANTI-CORRUPTION DAY: 9 DECEMBER

IACD2019 logo

On 31 October 2003, the United Nations General Assembly decided to declare 9 December as International Anti-Corruption Day.  Its role would be “to raise awareness of corruption and of the role of the UN Convention against Corruption” that came into force in 2005. 

Article 6 of the Convention required States Party to ensure the existence of “a body or bodies to prevent corruption”.   Such bodies would be granted the necessary independence to enable them to carry out their functions effectively and free from any undue influence. They would also be provided with the “necessary material resources and specialised staff, as well as the training that such staff may require to carry out their functions.”

Read More »

ARTICLE: EWC OR ECONOMIC RECOVERY?

The Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution convened a “constitutional dialogue” in Cape Town on 6 November 2019 to which it invited members of the public and civil society organisations – including the FW de Klerk Foundation’s Centre for Constitutional Rights (CFCR).   

The Ad Hoc Committee was appointed by Parliament following a resolution by the National Assembly on 6 December 2018, “to initiate and introduce legislation amending section 25 of the Constitution”. The Ad Hoc Committee was tasked with making “explicit that which is implicit in the Constitution” regarding expropriation without compensation (EWC) and was required to finalise its work by 31 March 2020.  

Read More »

SPEECHES

EVENTS

CONSTITUTIONAL ISSUES