CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
STATEMENT: THE NATIONAL ANTHEM
The FW de Klerk Foundation strongly rejects the view expressed by Mondli Makhanya in City Press on 27 April that we should abandon our beautiful national anthem.
It is a great pity that he chose Freedom Day – a day on which all South Africans should be celebrating the establishment of our new non-racial constitutional democracy – to air views that are so destructive of the national unity that we have been trying to achieve for the past 20 years.
STATEMENT: FW DE KLERK FOUNDATION REACTS TO COMMENTS BY PRESIDENT ZUMA ON ROLE OF FW DE KLERK DURING TRANSITION TO NON-RACIAL DEMOCRACY
The FW de Klerk Foundation welcomes President Zuma’s recent remarks in which he gave recognition to the important role that FW de Klerk played in South Africa’s transition to democracy.
STATEMENT: EXTRACTS FROM SPEECHES BY FW DE KLERK HIGHLIGHTING KEY ISSUES DURING FIRST 20 YEARS OF THE NEW SA
A selection of significant quotes from speeches by former President FW de Klerk
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
STATEMENT: CRIMINAL OFFENCE OF HATE SPEECH – FUNDAMENTALLY FLAWED
On 15 February 2019, the FW de Klerk Foundation made a written submission on the Prevention and Combatting of Hate Crimes and Hate Speech Bill [B9-2018] (the Bill) to the Portfolio Committee on Justice and Correctional Services. The Bill essentially provides for the offences of hate speech and hate crimes. A person found guilty on a first offence of hate speech in terms of the Bill might be looking at imprisonment of three years, and five years on a subsequent conviction.
The Foundation is not opposed to the statutory recognition of hate crimes, as there is a clear need to distinguish hate crimes from ordinary crimes so that proper data collection of these specific crimes can take place and it can be properly prosecuted. We are, however, highly concerned about the proposed statutory criminal offence of hate speech and we submitted that the current version – although an improved version of the 2016 version – is highly flawed and unconstitutional.
CONCISE SUBMISSION ON THE PREVENTION AND COMBATING OF HATE CRIMES AND HATE SPEECH BILL [B9-2018]
The FW de Klerk Foundation (the Foundation) is a non-profit organisation dedicated to upholding the Constitution of the Republic of South Africa, 1996 (the Constitution). To this end, the Foundation seeks to promote the Constitution and the values, rights and principles enshrined in the Constitution; to monitor developments including legislation and policy that may affect the Constitution or those values, rights and principles; to inform people and organisations of their constitutional rights and to assist them in claiming their rights.
ARTICLE: PROPERTY RIGHTS: ARE WE APPROACHING THE END GAME?
Earlier this week, Jackson Mthembu, the ANC Chief Whip, announced that contrary to expectations, the government intends to amend section 25 of the Constitution before the May election.
He also indicated that the revised Expropriation Bill (published in December) will be considered by Parliament “very soon” and will be “passed without hesitation.”
All this comes on the heels of remarkable explanation of South Africa’s land reform plans that was given to participants in the recent Davos conference by Mr Masiphula Mbongwa – the Director-General for the War Against Poverty in the Department of Rural Development and Land Reform.
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