CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

STATEMENT: NEW DIRECTOR – CENTRE FOR CONSTITUTIONAL RIGHTS

pdube optThe 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: SOUTH AFRICA RETURNS TO OFFICIALLY IMPOSED RACIALISM IN SPORT

foter sa flags celebrateEarlier this week the Minister of the Sport and Recreation, Fikile Mbalula, announced the imposition of sanctions against four of South Africa’s main sporting codes (Athletics South Africa, Cricket South Africa, Netball South Africa and South African Rugby) for not meeting the racial targets that they themselves had earlier accepted. He said that he had resolved “to revoke their privilege … to host and bid for major international tournaments” in South Africa.

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FW DE KLERK FOUNDATION STATEMENT ON THE FOUNDATIONS INITIATIVE

fwdk logo engThe FW de Klerk Foundation strongly supports The Foundations Initiative because we believe that we South Africans really need to talk to one another about the challenges that confront our society. We would like to recapture the spirit of inclusivity, of listening, debating and compromising that characterised our great national constitutional dialogue during the early 90s. Who better to begin this process than the Foundations established by our founding fathers and mothers?

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EVENTS

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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CONSTITUTIONAL ISSUES