CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
ARTICLE: WORLD PRESS FREEDOM DAY
World Press Freedom Day (3 May) gives us the opportunity to assess the freedom of our press in South Africa.
As anyone who regularly reads our newspapers will be aware, the press is often extremely critical of government and does not hesitate to pour scorn on national leaders – often in the most derisive terms.
The ANC’s official approach gives full recognition to the need for freedom of expression. It confirms that “the Constitution protects and provides for the freedom of the media, freedom of expression and access to information.” However, there might be some difference of opinion on the role of the media and what freedom of expression actually means.
ARTICLE: SOME THOUGHTS ABOUT YOUTH UNEMPLOYMENT ON WORKERS’ DAY
Workers’ Day provides us with an opportunity to assess the nation’s labour relations and the degree to which our economy is succeeding in its responsibility to provide jobs for all our people – and particularly for our youth. We are confronted with the reality that, according to a recently released Statistics SA report, The Social Profile of the Youth, 2009-2014, approximately three-quarters (3.4 million) of the more than five million unemployed South Africans in 2014 were youth (aged 15–34 years). This alarming statistic requires an honest introspection into South Africa’s current modus operandi in the labour arena and calls on us to confront the failures that are crippling our ability to create an inclusive and prosperous South Africa – particularly for our young people. There are four obstacles to solving the youth unemployment crisis.
STATEMENT: NEW DIRECTOR – CENTRE FOR CONSTITUTIONAL RIGHTS
The FW de Klerk Foundation is pleased to announce the appointment of Ms Phephelaphi Dube to succeed Adv Johan Kruger as the Director of the Centre for Constitutional Rights (CFCR), with effect from 1 May 2016.
Ms Dube joined the Foundation in 2014 as the Legal Officer in the Centre for Constitutional Rights where she soon distinguished herself, carving out a niche as a valuable member of the team.
Ms Dube holds the LL.M degree from the University of Stellenbosch, as well as the LL.B degree from the University of Fort Hare, in addition to a Diploma in European Studies from the University of Vienna in Austria. She completed her articles at the Rhodes University Legal Aid Clinic in 2005 and gained international experience as a clerk for the Vice President of the International Criminal Court. Ms Dube has previously held research positions at the University of Stellenbosch’s South African Research Chair in Property Law and at the Ludwig Boltzman Institute for Human Rights at the University of Vienna.
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ARTICLE: INTERNATIONAL HUMAN RIGHTS DAY
10 December is commemorated annually as International Human Rights Day. The date has particular significance, as it is the date on which the Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in 1948. The UDHR was born following the end of World War II and recognises that everyone is entitled to fundamental human rights protection. The UDHR articulates and enumerates universal inalienable rights such as equality and dignity, regardless of grounds like race, colour, religion, sex, national or social origin. While it is not a binding document, the UDHR is the foundation for over 60 human rights instruments across the world, including the South African Constitution.
10 December also happens to be the culmination of the United Nation’s annual 16 Days of Activism Against Gender-Based Violence Campaign. During these 16 days, society is urged to ponder upon the scourge of gender-based violence and to consistently speak up against it, act against it and advocate for victims and survivors. The devastating irony is that in South Africa, in the middle of this awareness campaign, the reports of missing or murdered women and children continued to pour in. It is therefore apt that this day calls for a reflection on what it means to be a human rights bearer and the history of disenfranchisement that far too many communities of vulnerable people have yet to overcome. The poor protection record permeates more than just gender-based violence and is not limited to South Africa.
ARTIKEL: INTERNASIONALE DAG TEEN KORRUPSIE: 9 DECEMBER
Die Algemene Vergadering van die Verenigde Nasies het op 31 Oktober 2003 besluit om 9 Desember as Internasionale Dag teen Korrupsie te verklaar. Die rol daarvan is om ‘n bewustheid van korrupsie en van die rol van die VN-konvensie teen Korrupsie te verhoog, wat in 2005 in werking getree het.
Artikel 6 van die Konvensie het van die partye vereis om die bestaan van “’n liggaam of liggame om korrupsie te voorkom” te verseker. Sodanige liggame sal die nodige onafhanklikheid kry om hulle in staat te stel om hul funksies effektief en vry van enige onbehoorlike invloed uit te voer. Hulle sal ook van die “nodige materiële hulpbronne en gespesialiseerde personeel voorsien word, asook die opleiding wat sulke personeel benodig om hul funksies uit te voer”.
ARTICLE: INTERNATIONAL ANTI-CORRUPTION DAY: 9 DECEMBER
On 31 October 2003, the United Nations General Assembly decided to declare 9 December as International Anti-Corruption Day. Its role would be “to raise awareness of corruption and of the role of the UN Convention against Corruption” that came into force in 2005.
Article 6 of the Convention required States Party to ensure the existence of “a body or bodies to prevent corruption”. Such bodies would be granted the necessary independence to enable them to carry out their functions effectively and free from any undue influence. They would also be provided with the “necessary material resources and specialised staff, as well as the training that such staff may require to carry out their functions.”
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