CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

CLEM SUNTER’S LEGACY AFFIRMS THE ROLE OF INDEPENDENT THINKING AND EVIDENCE-LED LEADERSHIP IN SOUTH AFRICA’S DEMOCRACY

The FW de Klerk Foundation honours the life and legacy of Clem Sunter, whose pioneering scenario planning helped South Africans confront the defining political and economic choices of the transition to democracy. The Foundation reflects on how his commitment to independent, evidence-based thinking expanded space for rational debate and informed leadership at a critical historical moment. It affirms the enduring lesson of his work: that democratic resilience depends not only on institutions, but on a culture of rigorous, honest and forward-looking thought.

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WATER, WATER EVERYWHERE BUT NOT A DROP TO DRINK: REFLECTIONS ON SONA 2026 AND SOUTH AFRICA’S WATER RECKONING

Ismail Joosub examines President Ramaphosa’s SONA 2026 water reforms against the reality of South Africa’s deepening water crisis, arguing that governance failure – not natural scarcity – lies at the heart of collapsing services. It analyses the proposed national coordination, infrastructure investment and licensing reforms through a constitutional lens, assessing whether they can restore the right of access to water and reverse decades of municipal decline.

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PODCASTS

SUBMISSIONS

ARTICLE: LITIGATION BY THE HELEN SUZMAN FOUNDATION REGARDING RESPONSIBILITY FOR THE MANAGEMENT OF THE COVID19 CRISIS

75 YEARS AFTER THE END OF THE SECOND WORLD WAR: PART I 1945‐1994The FW de Klerk foundation welcomes the Helen Suzman Foundation’s (HSF) application, direct to the Constitutional Court, to declare that Parliament, the President and the Cabinet have failed to fulfill their obligations under the Constitution to prepare and adopt legislation to regulate the state’s response to the threat posed by COVID19.

The HSF has asked the Court to direct the Cabinet and Parliament to prepare and adopt such legislation – and to declare that the powers that the Minister of Cooperative Governance has assumed under the Disaster Management Act to manage the crisis will be terminated as soon as the requested legislation has been adopted.

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ARTICLE: 75 YEARS AFTER THE END OF THE SECOND WORLD WAR: PART II 1994-2020

75 YEARS AFTER THE END OF THE SECOND WORLD WAR: PART I 1945‐1994This article will consider the factors that have determined the course of events during the past 26 years of ANC rule. They include jockeying for position between the various factions within the Alliance; the contest between ideology and pragmatism; and the temptation to translate political power into personal enrichment.

The first two years of ANC rule represented the golden (but perhaps false) dawn of the new era. South Africa won the Rugby World Cup; Nelson Mandela used his immense charisma to promote reconciliation and national unity. The country was ruled by a Government of National Unity (GNU) that represented 90% of the electorate.

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ARTICLE: 75 YEARS AFTER THE END OF THE SECOND WORLD WAR: PART I 1945‐1994

75 YEARS AFTER THE END OF THE SECOND WORLD WAR: PART I 1945‐1994The 75 years since the end of World War II in Europe have been the most remarkable period in human history. They have witnessed unimaginable economic growth; an explosion in technology; and an enormous expansion of our understanding of the universe, of life and of ourselves. The human condition has improved more rapidly than at any time in history – whether measured by economic wellbeing, longevity, education or freedom.

They have also changed South Africa beyond all recognition.

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EVENTS

CONSTITUTIONAL ISSUES