CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
STATEMENT: SUBMISSION ON THE HATE CRIMES AND HATE SPEECH BILL – RIGHT TO FREEDOM OF EXPRESSION UNDER ATTACK
On 31 January 2017, the FW de Klerk Foundation, together with other advocates of freedom of expression, made a written submission to the Department of Justice on the Prevention and Combating of Hate Crimes and Hate Speech Bill (Hate Crimes and Hate Speech Bill). The Foundation used the opportunity to highlight that bolstering, consolidating and empowering existing laws and institutions is a sounder starting point than promulgating new laws with harsh consequences.
In brief, the Hate Crimes and Hate Speech Bill aims to criminalise the offences of hate speech and hate crimes. In terms of this proposed Bill, it is possible for a person to be imprisoned for three years following their first conviction for the offence of hate speech, with ten years imprisonment for subsequent offences.
SPEECH: THE CONSTITUTION AND GOVERNANCE IN SOUTH AFRICA – AT ANOTHER CROSSROADS?
We are privileged to have with us today a number of eminent South Africans who are very well-qualified to address various aspects of our conference today. Judge Yacoob will give us his assessment of where we stand with regard to constitutionality; Moeletsi Mbeki and Christo Wiese will provide perspectives on governance – particularly with regard to the economy. Our goal will be to consider “The Constitution and Governance in South Africa” and to ask whether these are now “at another crossroads?”
STATEMENT: THE FW DE KLERK GOODWILL AWARD 2017
The Board of Trustees of the FW de Klerk Foundation decided at its last meeting in 2016 to award the 2017 FW de Klerk Goodwill Award to the coach and athlete team of Mrs Anna (Ans) Botha, and Mr Wayde van Niekerk.
The Board of Trustees of the FW de Klerk Foundation established the FW de Klerk Goodwill Award in 2010 to give recognition to individuals and organisations that have made exceptional contributions to the promotion of goodwill between South Africans. Past winners include Dr Danny Jordaan (2011), Pieter-Dirk Uys (2012), Studietrust (2013), Patrice Motsepe (2014), Afrika Tikkun (2015) and Adv Thuli Madonsela and the Office of the Public Protector (2016).
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
ARTICLE: IT’S STILL TOO EARLY TO SAY THAT IT’S GAME OVER FOR PRESIDENT RAMAPHOSA
In a recent article, I wrote about five trends that will characterise 2020. These five are:
- Greater centralisation and State control by the ANC government on the actions of South Africans;
- Better investigations, charges and prosecutions by the National Prosecuting Authority (NPA) and the Hawks.
- The gradual but definite erosion of government institutions’ ability to govern, manage, maintain and provide basic services;
- The ongoing infighting within the ANC and its alliance partners (and accompanying attacks on President Ramaphosa); and
- The stagnant economy (with the possibility of a downgrade lurking).
In the past week, the focus of the media and citizens has specificially been on the infighting in the ANC (no. 4 above), which was influenced and even driven by Eskom’s problems (no. 3 above).
ARTICLE: THE NEW NATIONAL SPORT AND RECREATION AMENDMENT BILL
All those who are concerned about the future of sport and recreation in South Africa should give very serious attention to the National Sport and Recreation Amendment Bill [B-2020] that has been presented for public comment before 28 February. The Bill has serious implications – not only for sport and recreation – but also for the principle that citizens and organisations in free societies should be able to go about their lawful activities and business without undue interference or prescription by the state.
The Bill – which will amend the National Sport and Recreation Act, No. 110 of 1998 – would diminish the role of sports federations, clubs and individuals and give the Minister (Mr Nathi Mthethwa) wide-ranging powers to dictate policy to virtually everyone involved in the sport and recreation sector. In terms of 1998 Act, his power was limited to determining general policy – only after consultation with the Sports Confederation. The Bill would give the Minister the untrammelled power, “from time to time to determine and publish policy objectives to be achieved by Sports and Recreation South Africa, the Sports Confederation and sports or recreation bodies”.
INVITATION: ANNUAL CONFERENCE 2020
The FW de Klerk Foundation annually hosts a conference on 2 February in Cape Town (this year’s event falls on Friday, 31 January), to coincide with the announcement in Parliament in 1990 of the release of Nelson Mandela and other prisoners and the unbanning of several organisations. Each year the conference tackles a topical theme, with input from a diverse range of influential speakers. Previous speakers include former President Kgalema Motlanthe, Justice Albie Sachs, Dr Mathews Phosa, Ms Rhoda Kadalie, Prof Frans Viljoen, Mr Sipho Pityana, Adv Jeremy Gauntlett, Mr Johann Rupert and former President FW de Klerk.
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