CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

ACCESS TO JUSTICE IS ERODING – AND SOUTH AFRICANS ARE PAYING THE PRICE

Access to courts is a constitutional right to have disputes decided in a fair public hearing before a court or an independent tribunal. Yet, the FW de Klerk Foundation’s latest Human Rights Report Card warns that while the legal system looks robust on paper, the degree to which South Africans enjoy this right in their daily lives is unmistakably declining.

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ARTICLE: THE BRACKENFELL BOIL

Heritage Day

Every now and then a boil appears on the 26-year-old face of the New South Africa. One such boil erupted on 6 October in Senekal – and another earlier this week at Brackenfell High School in the Cape. These ugly eruptions may reflect more than just a passing hormonal imbalance: they could indicate a deeper underlying toxicity that might threaten the whole body politic.

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ARTICLE: THE CONSTITUTIONAL COURT ORDERS PARLIAMENT TO INSTITUTE ELECTORAL REFORM

In an historic judgement yesterday, the Constitutional Court upheld the appeal of New Nation and others against the judgement last year of the Western Cape High Court regarding the right of individuals to stand as independent candidates in national and provincial elections. The Court declared that “the Electoral Act 73 of 1998 is unconstitutional to the extent that it requires that adult citizens may be elected to the National Assembly and Provincial Legislatures only through their membership of political parties.” It ordered Parliament to remedy this defect within the next 24 months – in time for the next national and provincial elections.

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ARTICLE: TAKING STOCK AT THE BEGINNING OF PHASE III

Now that we are entering Phase III of the COVID19 lockdown process, this may be a good time to take stock.

We live in the strangest of times. The world’s great airports are idle. Hundreds of thousands of hotels have closed. Schools and universities are empty. Millions of restaurants are shut. Everywhere owners of small and medium-size businesses are wracking their brains and scraping the barrel of their resources to keep their doors open. Tens of millions throughout the world have lost their jobs – and tens of millions more are subsisting on greatly reduced wages.

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