CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

STATEMENT: FW DE KLERK TALKS ABOUT CULTURAL DIVERSITY IN THE HISTORIC FRAUENKIRCHE IN DRESDEN

FRAUENKIRCHEYesterday evening FW de Klerk spoke at the historic Frauenkirche in Dresden as part of the church’s Nobel Peace Prize Laureates lecture series. His topic was the accommodation of diversity as the main challenge to peace in the 21st century.

De Klerk pointed out that much of human history had been driven by the movement of people and the growth of populations. He said that now, once again, people were on the move. “The dominant image of our time might be the hundreds of thousands of refugees who each year are risking their lives in unseaworthy boats to reach Europe.” 

He observed that all this was happening at a time of the unsustainable growth of the human population and dramatic changes in life expectancy and fertility.

In 1950, global life expectancy was only 47 years – by 2011 it had increased to 70. A Japanese girl child born today could expect to live to 107. At the same time fertility rates in many European countries had plummeted far below the levels required to sustain present populations.

In the coming years, more and more refugees could be expected to seek safety and a better life in the prosperous and secure societies of Europe and North America.

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STATEMENT: OUR BEARINGS HAVE COME UNDONE – THE DEATH OF ACCOUNTABLE LEADERSHIP

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As we stare into the abyss as a nation the morning after the night before, we are asking ourselves, how can he, why did he, and could he really? A wholesale firing of a quarter of the Cabinet is a monumental act of confidence by the President as leader of SA Inc. Sadly, in this case, the act was not in the name of government or the electorate but driven by the antithesis of accountable leadership. The words of Howard Gardner, author and psychologist, Leading Minds: An Anatomy of Leadership, came to mind as the nation woke up this morning. He describes a leader “as a person who is responsible, trusted, consistent, honest, and faithful. Leadership therefore exemplifies integrity and willingness to make sacrifices for the good of the governed”.

The actions of the President over the last 24 hours belie the very values ascribed to accountable leaders as described above but more painfully, contravene the very moral and ethical basis of the struggle for freedom and democracy in South Africa.

The country has come a long way precisely because of an abundance of ethical and accountable leadership, in the persons of Nelson Mandela and also FW de Klerk, who risked power and reputation to put country first at the dawn of democracy. Said FW de Klerk: “I played an integral part in helping formulating that new vision…that we must abandon apartheid and accept one united South Africa with equal rights for all, with all forms of discrimination to be scrapped from the statute book”. These powerful words attest to a man who sacrificed interest and power that came with the highest office in the land to nurture a democratic future guided by the Constitution and Bill of Rights.

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ARTICLE: WHAT IS THE CAUSE OF SASSA AND OTHER’S LACK OF CAPACITY AND INCOMPETENCE?

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“This Court and the country as a whole are now confronted with a situation where the executive admitted that it is unable to perform its constitutional and statutory responsibilities to provide social assistance to its people. And in the deepest and most humiliating irony it places its hopes in a private corporate entity to get out of this situation”

– Justice Johan Froneman, the Black Sash pronunciation, March 17, 2017

“The problem is that Hlaudi on went a campaign to appoint freelancers on a permanent basis. Now we are left with an exorbitant wage bill… They do not know what to do with all these people, because they do not have the skills to be moved to critical areas such as television and sales”

–  Unknown senior SABC employee, Rapport, March 19, 2017

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PODCASTS

SUBMISSIONS

SPEECHES

EVENTS

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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ARTICLE: DEFENDING THE 1996 CONSTITUTION

DEFENDING THE 1996 CONSTITUTIONIn six articles that recently appeared in Politicsweb, Prof Koos Malan provided an expert analysis of many of the problems facing the constitution.

He is clearly not a fan of the 1996 constitution. He questions the wisdom of those who have put their faith in the prospect that it would “usher in and guarantee peace, reconciliation and the protection of rights for all.”

He goes on to question the premises on which so many South Africans have based their faith in the constitution – that it is ‘supreme’, that it contains adequate checks and balances – and that it will be administered by a fearless and impartial judiciary.

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CONSTITUTIONAL ISSUES