CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
ARTICLE: INTERNATIONAL ANTI-CORRUPTION DAY – FOR SOUTH AFRICANS, THIS IS NOT JUST A FAR-OFF CAMPAIGN

The United Nations (UN) has numerous days on the annual calendar dedicated to some or other cause or campaign. Many of these pass by almost unnoticed. International Anti-Corruption Day, commemorated on 9 December every year, should not be one of those. For South Africans, this day, is (unfortunately) all too real.
The UN brought together a number of nations 15 years ago to adopt the Convention Against Corruption. Today, 186 states are party to the Convention and subscribe to its anti-corruption goals and ideals. In terms of the Convention, nearly every country in the world has laws in place making corruption a crime. Every country has further committed, through the well-known Sustainable Development Goals (SDGs), “to reducing corruption and bribery, strengthening the recovery and return of stolen assets and developing effective, inclusive and transparent institutions”.
ARTICLE: SEEKING THE MAGIC BULLET

The full weight of expectation of the country now rests on newly-appointed National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi. Her appointment by President Ramaphosa on 4 December 2018, was received with both relief and hope that she will repair and lead the National Prosecuting Authority (NPA) into a future that is unsullied.
The question of course is that of whether the nation pins its hope – yet again – on “a fixer”, in the absence of the drive to engage systematic and urgent change. Advocate Batohi comes to the position with impeccable credentials and minus the taint of some of her predecessors but will have to contend with an already overflowing inbox; a team that is politically divided and a mission to rejuvenate credibility in the criminal justice system. All this, at a time when too many South Africans appear to be jaded. However, history has proven again and again that South Africans are a feisty lot – with opinions to match – and the new NDPP will receive ample advice even in advance of her assumption of duties in February 2019.
STATEMENT: ESKOM LOAD-SHEDDING: MORE THAN A HANGOVER FROM THE ZUPTAS

The phenomenon of load-shedding is hanging over the festive season of 2018 like a dark cloud. For many, across the country, their festivities might happen by candlelight, which may add to the ambience but will predictably cast a shadow over any possible and much-needed economic recovery.
Naive South Africans believed that with a new President and a new Minister of Public Enterprises, plus a new Eskom Board, Eskom should be functioning optimally, and load-shedding was something of the past and would be over. The fact is that corruption and mismanagement cast a long shadow and cannot be turned around quickly. Additionally, incapable, inexperienced and corrupt officials (evidenced by the design faults at Medupi and Kusile) can’t be fired at will without the requisite due process, which is a supreme irony, considering the damage that they have caused. It is therefore important to state that the present load-shedding – with feeble excuses from Eskom about lack of capacity and needed maintenance, and uranium left out to get wet – is a bad hangover from the Zupta era. So is the fact that Eskom is in deep financial crisis and continuously dependent on State bail-outs.
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
SUBMISSION OF THE FW DE KLERK FOUNDATION ON THE EXPROPRIATION BILL
Submission of the FW de Klerk Foundation on the Expropriation Bill Issued By the FW de Klerk Foundation on 13/03/2023 On 6 March, the
CORRUPTION OR GOOD GOVERNANCE: IT IS IMPOSSIBLE TO HAVE BOTH
CORRUPTION OR GOOD GOVERNANCE: IT IS IMPOSSIBLE TO HAVE BOTH Issued By the FW de Klerk Foundation on 13/03/2023 The dust is beginning to
MEET OUR INTERN: ISMAIL JOOSUB
The FW de Klerk Foundation is pleased to have Ismail Joosub, a law student from Mpumalanga, on board as an online research intern. We recently
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