CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

STATEMENT: SHIMON PERES

Peres optIt is with great sorrow that I have learned of the death of former President Shimon Peres. Together with Yitzhak Rabin, he was one of the great peacemakers of our time. He worked tirelessly to promote harmonious relations between Israelis and Palestinians and continued throughout his life and also in his old age to inspire new generations with his vision of reconciliation, justice and peaceful coexistence. He understood that the best guarantee for the long-term security of Israel was the promotion of justice and equity for all.

FW de Klerk

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ARTICLE: HERITAGE DAY 2016

sa flag foterWhat is wonderful about Heritage Day (as one of the “new” holidays in the not so new South Africa) is that we can look back and celebrate what we have achieved over the past 22 years. For many it will go back further than 22 years – to our cultural and traditional past – that is also part of our heritage, individually and collectively. “Heritage” means different things to different people.

Some will say that in 2016 there is nothing to celebrate – among them are angry students, persistent grumblers and disillusioned poor people. They will point out our problems at the political level, government level and Zuma level; the student riots and arson; the Springboks, Bafana Bafana and the Proteas’ poor or mediocre performances; the weak economy; unemployment, poverty and inequality; and the drought and high food prices.

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MESSAGE OF SUPPORT FROM FORMER PRESIDENT DE KLERK TO THE IRIS HOUSE CHILDREN’S HOSPICE ANNUAL BALL

Iris House Ball 2016 optThank you once again for inviting Elita and me to your annual hospice ball. I am sorry that we will not be able to join you this evening. However, I know that the FW de Klerk Foundation will be well-represented by several members of our team, including Ms Phephelaphi Dube, Director of our Centre for Constitutional Rights.

The annual ball is, indeed, an auspicious occasion. It will provide Iris House with an excellent opportunity to celebrate the impressive achievements of the past year – and to share your plans for the future. Elita and I would like to congratulate you on your wonderful work and would like to wish you every success in the year that lies ahead.

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PODCASTS

SUBMISSIONS

SPEECHES

EVENTS

ARTICLE: EWC OR ECONOMIC RECOVERY?

The Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution convened a “constitutional dialogue” in Cape Town on 6 November 2019 to which it invited members of the public and civil society organisations – including the FW de Klerk Foundation’s Centre for Constitutional Rights (CFCR).   

The Ad Hoc Committee was appointed by Parliament following a resolution by the National Assembly on 6 December 2018, “to initiate and introduce legislation amending section 25 of the Constitution”. The Ad Hoc Committee was tasked with making “explicit that which is implicit in the Constitution” regarding expropriation without compensation (EWC) and was required to finalise its work by 31 March 2020.  

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ARTICLE: THE CONSTITUTIONAL COURT AND GELYKE KANSE: WHAT HAPPENED?

foter sa flags celebrate

On October 10, 2019, the Constitutional Court ruled in the case in which Gelyke Kanse (GK) asked that the 2016 Language Policy of the University of Stellenbosch (SU) be set aside because it is unconstitutional. GK’s application was essentially an appeal against the Western Cape High Court’s earlier ruling, and a request to bypass the Supreme Court of Appeal (SCA) and approach the Constitutional Court directly. This was allowed.

The overall verdict – with which all 10 judges agreed – was written by Judge Edwin Cameron (who was recently appointed new Chancellor of the SU). There are also two additional rulings, one by Chief Justice Mogoeng Mogoeng and the other by Judge Johan Froneman, which provide additional perspectives.

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CONSTITUTIONAL ISSUES