CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
ARTICLE: IT’S STILL TOO EARLY TO SAY THAT IT’S GAME OVER FOR PRESIDENT RAMAPHOSA
In a recent article, I wrote about five trends that will characterise 2020. These five are:
- Greater centralisation and State control by the ANC government on the actions of South Africans;
- Better investigations, charges and prosecutions by the National Prosecuting Authority (NPA) and the Hawks.
- The gradual but definite erosion of government institutions’ ability to govern, manage, maintain and provide basic services;
- The ongoing infighting within the ANC and its alliance partners (and accompanying attacks on President Ramaphosa); and
- The stagnant economy (with the possibility of a downgrade lurking).
In the past week, the focus of the media and citizens has specificially been on the infighting in the ANC (no. 4 above), which was influenced and even driven by Eskom’s problems (no. 3 above).
ARTICLE: THE NEW NATIONAL SPORT AND RECREATION AMENDMENT BILL
All those who are concerned about the future of sport and recreation in South Africa should give very serious attention to the National Sport and Recreation Amendment Bill [B-2020] that has been presented for public comment before 28 February. The Bill has serious implications – not only for sport and recreation – but also for the principle that citizens and organisations in free societies should be able to go about their lawful activities and business without undue interference or prescription by the state.
The Bill – which will amend the National Sport and Recreation Act, No. 110 of 1998 – would diminish the role of sports federations, clubs and individuals and give the Minister (Mr Nathi Mthethwa) wide-ranging powers to dictate policy to virtually everyone involved in the sport and recreation sector. In terms of 1998 Act, his power was limited to determining general policy – only after consultation with the Sports Confederation. The Bill would give the Minister the untrammelled power, “from time to time to determine and publish policy objectives to be achieved by Sports and Recreation South Africa, the Sports Confederation and sports or recreation bodies”.
STATEMENT: ANC 8 JANUARY STATEMENT: SOME POSITIVES, SOME CONCERNS…
The FW de Klerk Foundation has taken note of the annual 8 January statement of the National Executive Committee of the ANC, commemorating the 108th birthday of the organisation.
We welcome the fact that it appears that the governing party, while celebrating its birthday, shows signs of introspection about its “own missteps over the last decade”. These include the challenges it is facing, amongst them the ailing economy, disunity and factional fighting in the organisation, and a lack of capacity in the civil service and SOEs to serve the people of South Africa.
We also welcome the resolve of the governing party to strengthen efforts to fight State capture, corruption and unethical behaviour in its own ranks and in broader society; as well as the promise to “restore our public institutions to a higher standard of accountability and service”. We welcome the fact that the governing party is committed to “ensure that all the necessary support is provided to our law-enforcement agencies so that they can investigate thoroughly and prosecute effectively without fear or favour”.
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
LIKE CAESAR’S WIFE, THE PUBLIC PROTECTOR MUST BE ABOVE SUSPICION
On 29 August 2023, Kholeka Gcaleka, who is the Acting Public Protector (APP), was nominated as the candidate to succeed the disgraced Busisiwe Mkhwebane as Public Protector (PP). Mkhwebane’s predecessor, Advocate Thuli Madonsela, demonstrated how the office of Public Protector could play a crucial role in holding to account state institutions that were suspected of improper conduct. Indeed, her fearless exposure of state capture under President Jacob Zuma played a pivotal role in forcing his resignation. Sadly, Mkhwebane did not continue this proud tradition and instead mired the office in unseemly controversy after controversy, racking up an unprecedented number of judicial rebukes in the process.
CONDOLENCES FOR THE PASSING OF RAYMOND ACKERMAN
The FW de Klerk Foundation is deeply saddened to learn of the passing of Raymond Ackerman, founder of Pick ‘n Pay. The Foundation would like to express its heartfelt condolences to his family, friends and colleagues, especially to his beloved wife Wendy.
MEET OUR INTERN: LIAM ERASMUS
The FW de Klerk Foundation is pleased to have Liam Erasmus, a Capetonian and Stellenbosch University law student, on board as an online intern.
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