CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
FW DE KLERK FOUNDATION CALLS FOR FACT-BASED DIPLOMACY ON PROPERTY RIGHTS AND RURAL SAFETY BY AMBASSADOR BOZELL
The FW de Klerk Foundation notes the arrival of Ambassador Leo Brent Bozell III as the United States’ top diplomat to South Africa. As a Foundation dedicated to upholding the South African Constitution and the 1994 National Accord, we welcome the Ambassador’s stated commitment to a “fact-based” assessment of the challenges facing our constitutional democracy.
CLEM SUNTER’S LEGACY AFFIRMS THE ROLE OF INDEPENDENT THINKING AND EVIDENCE-LED LEADERSHIP IN SOUTH AFRICA’S DEMOCRACY
The FW de Klerk Foundation honours the life and legacy of Clem Sunter, whose pioneering scenario planning helped South Africans confront the defining political and economic choices of the transition to democracy. The Foundation reflects on how his commitment to independent, evidence-based thinking expanded space for rational debate and informed leadership at a critical historical moment. It affirms the enduring lesson of his work: that democratic resilience depends not only on institutions, but on a culture of rigorous, honest and forward-looking thought.
WATER, WATER EVERYWHERE BUT NOT A DROP TO DRINK: REFLECTIONS ON SONA 2026 AND SOUTH AFRICA’S WATER RECKONING
Ismail Joosub examines President Ramaphosa’s SONA 2026 water reforms against the reality of South Africa’s deepening water crisis, arguing that governance failure – not natural scarcity – lies at the heart of collapsing services. It analyses the proposed national coordination, infrastructure investment and licensing reforms through a constitutional lens, assessing whether they can restore the right of access to water and reverse decades of municipal decline.
PODCASTS
SUBMISSIONS
ARTICLE: INTERNATIONAL ANTI-CORRUPTION DAY: 9 DECEMBER
On 31 October 2003, the United Nations General Assembly decided to declare 9 December as International Anti-Corruption Day. Its role would be “to raise awareness of corruption and of the role of the UN Convention against Corruption” that came into force in 2005.
Article 6 of the Convention required States Party to ensure the existence of “a body or bodies to prevent corruption”. Such bodies would be granted the necessary independence to enable them to carry out their functions effectively and free from any undue influence. They would also be provided with the “necessary material resources and specialised staff, as well as the training that such staff may require to carry out their functions.”
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.
ARTICLE: THE CONSTITUTIONAL COURT AND GELYKE KANSE: WHAT HAPPENED?
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.
SPEECHES
EVENTS
THANDO MALINGA AND ISMAIL JOOSUB RECOGNISE WATER INACCESSIBILITY IN SOUTH AFRICA
In a short video, Thando Malinga and Ismail Joosub recognise the water inaccessibility experienced by many South Africans – they delve into the major contributors of the crisis, President Ramaphosa’s SONA address, new policies and more.
A CONSTITUTIONAL EMERGENCY: THE FW DE KLERK FOUNDATION CONDEMNS THE TARGETED KILLING OF LEGAL PRACTITIONERS
The FW de Klerk Foundation expresses its profound alarm at the escalating “culture of impunity” following the recent brutal murders of legal professionals across South Africa.
THE WATER TANKER MAFIA IS THE NEW FACE OF STATE CAPTURE
In an article, Ismail Joosub considers the recent revelations about water tanker contracts in major metros that suggest that South Africa’s water crisis is being driven not only by failing infrastructure, but by corruption.
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