CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

STATEMENT: THE RIGHT TO CRITICISE A SITTING HEAD OF STATE

people-jackson-mthembuIn a rambling statement earlier today, ANC spokesman Jackson Mthembu took issue with critics of President Zuma. Mr Mthembu was angry about allegations that there are elements within the ANC who fear the President; that President Zuma is beholden to those who supported him when he was accused of corruption; and charges that critics “cannot even wait for the Public Protector and other respected institutions created by our constitution to investigate and make public their findings regarding the Nkandla allegations”.

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STATEMENT: THE OPEN-ENDED NATURE OF BROAD-BASED BLACK ECONOMIC EMPOWERMENT

people-rob-davies-When he briefed the media yesterday before the debate on the Broad-Based Black Economic Empowerment Bill in Parliament, Minister of Trade and Industry, Rob Davies, said that the country was nowhere near the point where a sunset clause for BBBEE measures could be considered. He said that according to a -007 survey by the University of Pretoria, most companies were still at the lowest level of BBBEE.

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STATEMENT: THE CENTENARY OF THE 1913 NATIVES LAND ACT

rural-land19 June 2013 will rightly be commemorated as a key point in the dismal story of the dispossession of the land of the black population of South Africa.

The process began in 1652 with the first settlement of the Cape by the Dutch East India Company. Despite Jan van Riebeeck’s instructions to live in amity with the Khoi Khoi population of the Cape, the rapid expansion of the settlement soon led to conflict over land.

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PODCASTS

SUBMISSIONS

SPEECHES

EVENTS

ARTICLE: WORLD PRESS FREEDOM DAY 2019 – MEDIA FOR DEMOCRACY

wpfd2019

World Press Freedom Day is commemorated on 3 May annually to emphasise the fundamental principles of press freedom, to defend the media from attacks on its independence, to evaluate the state of press freedom across the globe and to pay tribute to journalists who have lost their lives in the line of duty and continue to brave unsafe digital and physical spaces for the sake of the truth.

The United Nations Educational, Scientific and Cultural Organisation (UNESCO) has identified this year’s theme as “Media for Democracy: Journalism and Elections in Times of Disinformation”. This theme could not be more apt as numerous democracies, including South Africa, gear up for election season. For the majority of voters across the world, the press remains the sole source of information about the political parties contesting elections. From the individuals seeking election, to the manifestos of the parties, containing promises and assurances in exchange for votes come polling day. The discerning and privileged voter has the tools by which to analyse the information available and make informed decisions.

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STATEMENT: THE RIGHT AND RESPONSIBILITY TO VOTE

Elections2019

In 2016 the FW de Klerk Foundation joined a group of other foundations, led by or based on the legacy of iconic national leaders, under the banner of the National Foundations Dialogue Initiative (NFDI)*. The main goal of the NFDI is to lead and facilitate a process of ongoing dialogue between all South Africans on our common future, based on our shared commitment to our Constitution.  This is in keeping with the FW de Klerk Foundation’s vision and mission, of promoting FW de Klerk’s presidential heritage, among others, to support and promote the Constitution, and the Bill of Rights. This includes every South African’s right to vote. 

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ARTICLE: PRIVATE PROSECUTION IN THE SECURING OF A SUSTAINABLE FUTURE

girl plant

Environmental rights are protected in the Bill of Rights of the South African Constitution. Whilst all the protected rights and freedoms have the common thread of “protection for all”, only section 24 of the Constitution (right to a healthy environment) includes the caveat “for the benefit of present and future generations”. No other right or freedom covers future generations so explicitly or expressly (although it can be inferred that they are catered for regardless). The writers of the Bill of Rights were mindful of the importance of a sustainable planet, to allow for an inhabitable earth for those yet to come. 

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CONSTITUTIONAL ISSUES