CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
THE UNENDING TOLL OF WAR ON WOMEN AND CHILDREN
Christo van der Rheede, Executive Director of the FW de Klerk Foundation, reflects on the series of high-stakes conflicts that have reshaped geopolitical landscapes, fractured international alliances and, most critically, exacted a devastating toll on civilian populations that have defined the early 21st century.
FW DE KLERK FOUNDATION COMMENTS ON NATIONAL WATER INFRASTRUCTURE AGENCY AMENDMENT BILL
The FW de Klerk Foundation has submitted comments to Parliament on the National Water Resources Infrastructure Agency Amendment Bill, which proposes the creation of a single state-owned entity to finance, develop and manage South Africa’s national bulk water infrastructure.
FW DE KLERK FOUNDATION PAYS TRIBUTE TO THE LIFE AND LEGACY OF MOSIUOA “TERROR” LEKOTA
The FW de Klerk Foundation pays tribute to the life and legacy of Mosiuoa “Terror” Lekota, reflecting on his enduring contribution to South Africa’s struggle for freedom and the building of its democratic institutions.
PODCASTS
SUBMISSIONS
ARTICLE: AN UNFETTERED LOCKDOWN WILL DRAG US FURTHER INTO AN ECONOMIC MORASS
No right-thinking South African doubted the necessity of the lock-down for the past three weeks. President Ramaphosa was widely lauded for his decisive and clear leadership. The majority of South Africans adhered to the regulations of the past three weeks, because we believed that the infection curve would flatten and that lives would be saved. Many excused the unintended consequences of police and defence over-reaction, and even understood that the curtailment of basic human rights may be necessary for the greater good. When our president announced a two-week extension of the lock-down, he was emphatic that some regulations would be relaxed in due course. Most of us understood the need for the extension, and we welcomed the prospect of the relaxation of the regulations to help the economy’s recovery.
ARTICLE: THE MAKANA JUDGEMENT – A SMALL NEW DAWN FOR LOCAL AUTHORITIES?

The shocking state of local government finances and service delivery is well known. The 2019 Auditor-General’s report on the state of local government finances showed that more than a third of the 257 municipalities and 21 municipal entities were dysfunctional. Only 8% received a clean audit (versus 14% in 2016/17). When traveling in the north of the country, especially in the countryside, the decline of smaller towns in terms of maintenance of roads, water and sewage is evident. Standerton (Lekwa) was in the news last year when the municipality, which is only a few kilometres from the Vaal River and the Grootdraai Dam, was unable to supply water to the Astral Foods plant.
ARTICLE: FOUR MYTHS DEBUNKED

The FW de Klerk Foundation was established in 1999 to promote and protect the Constitution and its values, as well as to commemorate the transition to democracy in the early 90s. Each year, the Foundation hosts its Annual Conference around 2 February to commemorate former President FW de Klerk’s historic speech on that day in 1990 – when the transition formally started with announcement that political parties would be unbanned and political prisoners (among which Nelson Mandela was the most prominent) were to be released. This Conference was held in Cape Town this year on Friday, 31 January, 30 years after this momentous speech.
SPEECHES
EVENTS
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.
ECONOMIC FREEDOM UNDER STRAIN: ACCESS TO WORK IN SOUTH AFRICA
The Constitution guarantees citizens the right to choose their trade, occupation or profession. However, the FW de Klerk Foundation’s latest Human Rights Report Card rated the enjoyment of this right as poor and deteriorating. Daniela Ellerbeck and Lusanda Mahkuntsu detail why in this article.
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.
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