CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

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.  

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ARTICLE: THE CONSTITUTIONAL COURT AND GELYKE KANSE: WHAT HAPPENED?

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On October 10, 2019, the Constitutional Court ruled in the case in which Gelyke Kanse (GK) asked that the 2016 Language Policy of the University of Stellenbosch (SU) be set aside because it is unconstitutional. GK’s application was essentially an appeal against the Western Cape High Court’s earlier ruling, and a request to bypass the Supreme Court of Appeal (SCA) and approach the Constitutional Court directly. This was allowed.

The overall verdict – with which all 10 judges agreed – was written by Judge Edwin Cameron (who was recently appointed new Chancellor of the SU). There are also two additional rulings, one by Chief Justice Mogoeng Mogoeng and the other by Judge Johan Froneman, which provide additional perspectives.

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ARTICLE: PRESIDENT RAMAPHOSA’S SCORECARD – AGAIN …

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There are few issues that are discussed as often as the success (or not) of President Cyril Ramaphosa – even during Rugby World Cup time. Everyone (except the Zuptas and EFF) wants him to succeed and believes that he will succeed. But doubts erode this trust every time something negative happens in the country: whether it’s yet another SOE demanding a lifeline, or  the case of a student raped and murdered by a public servant. And the recurring refrain is that if Cyril does not succeed soon, there will be no economy or country left to save. William Saunderson-Meyer recently posed the question: can he be referred to as Cyril the Tiger, or is he merely Puss in Boots?

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PODCASTS

SUBMISSIONS

SPEECHES

EVENTS

THE NINE LIVES OF JACOB ZUMA

On 11 August 2023, after serving just over an hour in the Estcourt Prison, former president Jacob Zuma was granted a “special remission” and walked out of prison a free man thanks to the transparent intervention of President Cyril Ramaphosa.

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STATEMENT ON THE TAXI STRIKE IN THE WESTERN CAPE

The FW de Klerk Foundation strongly condemns the intimidation of people, the damage of property and the general violence associated with the current taxi strike in the Western Cape, led by the South African National Taxi Council (Santaco). The Foundation urges all parties involved to resolve the dispute in a constructive manner, abstain from any further acts of violence and respect the Rule of Law.

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CONSTITUTIONAL ISSUES