CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

THE RIGHT TO A HEALTHY ENVIRONMENT: PROTECTING PEOPLE AND THE PLANET

The Constitution guarantees everyone the right to an environment that is not harmful to their health or well-being, and to have the environment protected for present and future generations. Yet, the FW de Klerk Foundation’s latest Human Rights Report Card ranks the right to a healthy environment as the eighth most threatened right in South Africa.

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GETTING THE BASICS RIGHT: SOUTH AFRICA’S CRISIS IN HEALTH, FOOD, WATER AND SOCIAL SECURITY

South Africa’s Constitution guarantees every person the right to have access to health care, to sufficient food and water and to social security. Yet, persistent systemic failures continue to limit access to essential services. For this reason, the FW de Klerk Foundation’s latest Human Rights Report Card rated the enjoyment of these socio‑economic rights as very poor and continuing to deteriorate.

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PODCASTS

SUBMISSIONS

ARTICLE: Heritage Day – 24 September 2020: Uniting from a Distance

Heritage Day

This Heritage Day we are slowly emerging from the most immediate aftermath of Covid-19 and its devastating effect on our country, economy and people.

On this day -and in a country belonging to all its’ people – South Africans are encouraged to celebrate their culture, the diversity of their beliefs and traditions.

One of the most important aspects recognised in the Constitution of South Africa, is the importance of our collective heritage and the rich cultural, linguistic and historical landscape painting the canvas of our people’s diversity. The South African Constitution unambiguously speaks to this in its’ preamble: South Africa belongs to all who live in it – united in our diversity – in the wider context of a nation and country recognising the injustices of our past; honouring those who suffered for justice and freedom in our land as well as respecting those who have worked to build and develop our country.

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ARTICLE: HIGH NOON IN SENEKAL

Heritage Day

The long-simmering crisis of farm murders has come to a head following the murder on 1 October of a 21-year-old farm manager Brendin Horner at a farm outside Paul Roux in the Free State.

Horner’s body was found tied to a pole and the 21-year-old had injuries to the face and neck.

Only two days later police arrested two suspects, Sekola Piet Matlaletsa and Sekwetje Isaiah Mahlamba, in a township near Paul Roux. Blood-stained clothes and shoes were found in their possession.

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SPEECHES

EVENTS

FW DE KLERK FOUNDATION EXPRESSES CONCERN OVER RISING XENOPHOBIC MOBILISATION

The FW de Klerk Foundation has expressed concern over the growing escalation of xenophobic mobilisation and anti-immigrant intimidation in parts of South Africa. While acknowledging legitimate concerns around undocumented migration and border management, the Foundation stresses that immigration enforcement must remain lawful, constitutional and state-led. The Foundation warns that vigilantism, collective punishment and hate-driven exclusion threaten human dignity, social cohesion and the rule of law.

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DID THE RECENT CONCOURT JUDGMENT RENDER THE SAHRC TOOTHLESS?

A recent Constitutional Court judgment has clarified that the South African Human Rights Commission may investigate rights violations and make recommendations, but cannot itself impose legally binding remedial action. While some may view this as weakening the Commission, the judgment instead reinforces the constitutional principle that final coercive power belongs to the courts. The ruling therefore draws an important line between protecting human rights effectively and ensuring that all public power remains subject to the rule of law.

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CONSTITUTIONAL ISSUES