CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
STATEMENT: FAREWELL BRAVE WARRIOR
The FW de Klerk Foundation mourns the loss of a brave warrior for democracy, justice and non-racialism. Ahmed Mohamed Kathrada, or Uncle Kathy as he was fondly called, leaves an indelible mark on generations of South Africans. His towering grace and humility leave a long shadow in a country he loved and served so unselfishly. It behooves this generation of South Africans to continue his lifelong principled quest for non-racialism and equality.
To Barbara Hogan, the Kathrada family and his legions of friends, we pay our respects.
Hamba kahle Ahmed Kathrada.
Issued by the FW de Klerk Foundation
STATEMENT: AHMED MOHAMED KATHRADA
It is with great sadness that I have learnt about the death of Ahmed Mohamed Kathrada. My wife Elita and I extend our deepest sympathies to his wife and family.
Ahmed Mohamed Kathrada was a man of great integrity. He was truly a good man, who loved South Africa and all its people. His commitment to non-racialism and reconciliation not only played a role during the initial period of transition in the 90s, but until today. May it serve as an example to all South Africans at this time when racism is much too much prevalent.
May he rest in peace.
Unfortunately, I will be in Malta for an international conference and won’t be able to attend his funeral tomorrow.
Issued on behalf of Former President FW de Klerk
ARTICLE: SIFTING THROUGH THE MUDDLE TO MAKE SENSE OF SECTION 27
In a decisive and often scathing judgment on Friday, 17 March 2017, the Constitutional Court ruled that “SASSA and CPS are under a constitutional obligation to ensure payment of social grants to grant beneficiaries from 1 April 2017 until an entity other than CPS (own emphasis) can do so and that a failure to do so will infringe upon grant beneficiaries’ rights of access to social assistance under section 27(1)(c) of the Constitution”.
The judgment has been widely analysed and there appears to be consensus that under the circumstances, the Court’s decision to suspend the declaration of invalidity for 12 months was the most practical and least disruptive.
The judgment placed a marked emphasis on the fact that there was a constitutional obligation on “both SASSA and CPS as organs of state performing a constitutional function for a considerable period to not end on 31 March 2017”. The emphasis on constitutional duty and reference to both as state organs is key to an understanding of the firm order made by the Court, notwithstanding the fact that CPS is a private entity. Bolder still was the request that CPS hand over its audited statements for Court scrutiny by end April 2017. This, to ascertain the quantum CPS made since 2013 from the illegal and invalid contract, with the prospect looming of the company having to return up to R1 billion.
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
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.
THE NUCLEAR THREAT IN THE UKRAINE WAR
Putin’s nuclear risk: The stability that characterized the Cold War stand-off may no longer exist BY DAVID STEWARD AND JONATHAN GRANOFF, OPINION CONTRIBUTORS – 03/30/22
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.
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