CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
LETTER: FW DE KLERK TO THE TIMES OF LONDON
Letter first published by The Times of London
26 December 2015
Dear Sir
It is regrettable that the “Rhodes Must Fall” folly has spread from South Africa to Oriel College. My people – the Afrikaners – have greater reason to dislike Rhodes than anyone else. He was the architect of the Anglo-Boer War that had a disastrous impact on our people. Yet the National Party government never thought of removing his name from our history.
ARTICLE: THE LESSONS OF THE NENE/ VAN ROOYEN/ GORDHAN FIASCO
The remarkable developments of the past week have raised a number of fundamental questions about our President; about the ANC, about power – and about our constitutional democracy.
The first of these relates to the ability of Mr Zuma to carry out the grave responsibilities that our Constitution devolves on him. In the wake of his inexplicable – and still unexplained – decision to dismiss the Finance Minister, Nhlanhla Nene, it is perhaps more important than ever to try to understand what motivates Jacob Zuma.
ARTICLE: DAY OF RECONCILIATION
On the eve of the 22nd Reconciliation Day after the founding of a democratic South Africa, the question must be raised: What happened to the reconciling rainbow nation of Mandela, De Klerk and Tutu? Because it is, sadly, very clear that reconciliation and tolerance are in short supply in South Africa today.
A few examples will prove the point: xenophobic attacks on foreigners, intolerance amongst and even inside political parties (especially in Parliament), the recent examples of attacks on and damage to statues, and the violence and racist undertones of some of the student protests.
Tony Ehrenreich’s now infamous statement in the controversy over the naming of a Cape Town street after FW de Klerk said it all: “The phase of reconciliation that brought together fair-minded white and black people is over. We are now engaged in a struggle for economic and social justice.”
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STATEMENT: THE OLD SOUTH AFRICAN FLAG

The FW de Klerk Foundation has taken note of today’s decision of the Equality Court in Johannesburg to declare that the “gratuitous display” of the old South African flag, constitutes “hate speech.”
The raising of our new flag over the Union Buildings was one of the proudest moments of South Africa’s long and troubled history. It became a symbol of national unity, reconciliation and the values in our new constitution. Under such circumstances, the FW de Klerk Foundation and the great majority of white South Africans have long accepted – and continue to accept – that it would be insensitive and inappropriate to fly the old flag – particularly because of the painful memories that it symbolises for many South Africans.
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