CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

ARTICLE: JUDGE JANSEN, THE CULTURE OF RAPE AND RACISM

dws2016The hapless Judge Mabel Jansen’s recently exposed comments on social media that black South Africans have a culture of rape were crass and offensive. Jansen commented inter alia that she had “yet to meet a black girl who was not raped by the age of 12” and that in black culture “a woman is there to pleasure them. Period.  It is seen as an absolute right and a woman’s consent is not required.”

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ARTICLE: THE POST-MOODY’S NEED FOR NATIONAL UNITY IN AVOIDING A RATINGS DOWNGRADE

moodysThere is an eerie unreality about the debate that has followed Moody’s decision to retain South Africa’s rating at two notches above junk grade status (with a negative outlook).

Moody’s explained its decision on the basis of three principal considerations:

  • South Africa’s economic growth is expected to recover after reaching its trough in 2016 – based on the prospect of closer collaboration between government, business, labour and civil society in restoring confidence in the economy and addressing the constraints to economic growth;
  • following the 2016 budget, it is expected that general government debt to GDP will be stabilised under the direction of the Treasury – which has a reassuring fiscal track record; and
  • Moody’s was impressed by South Africa’s institutional strength compared to its peers – no doubt a reference to the roles played by the Constitutional Court, the Public Protector and civil society in the recent “spy tapes” and Nkandla judgments, and in the Nene affair. 
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ARTICLE: WORLD PRESS FREEDOM DAY

PRESS FREEDOMWorld Press Freedom Day (3 May) gives us the opportunity to assess the freedom of our press in South Africa.

As anyone who regularly reads our newspapers will be aware, the press is often extremely critical of government and does not hesitate to pour scorn on national leaders – often in the most derisive terms.

The ANC’s official approach gives full recognition to the need for freedom of expression. It confirms that “the Constitution protects and provides for the freedom of the media, freedom of expression and access to information.” However, there might be some difference of opinion on the role of the media and what freedom of expression actually means.

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PODCASTS

SUBMISSIONS

SPEECHES

EVENTS

SPEECH: THE CENTRALITY OF PROPERTY RIGHTS

It is a great honour for me to address this meeting at this critical time in the evolution of the new South Africa. Some critics now charge that our transition to constitutional democracy 25 years ago was a great mistake and that we should never have surrendered power.  Others claim that we could have negotiated a better deal.  Some think that we could have retained some or other minority veto.

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CONSTITUTIONAL ISSUES