CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
STATEMENT: EVOLUTION OF PROPERTY RIGHTS SINCE 1994
In a speech on the evolution for property rights since 1994, FW de Klerk warned Government against taking any action that would destroy the carefully constructed agreements on property rights that are contained in section 25 of the Constitution.
ARTICLE: OUR HUMBLE SERVANTS
People who are sceptical about big government sometimes observe that society can afford lazy and ineffective public servants because, on the whole, they do little harm – apart from consuming taxpayers’ money.
ARTICLE: NZIMANDE’S PLAN TO IMPOSE LANGUAGE UNIFORMITY ON OUR UNIVERSITIES
According to a statement made by the Minister of Higher Education, Blade Nzimande, during his budget debate earlier this week, “… we no longer have Afrikaans or Zulu or Tswana universities. All our universities are South African universities and must serve all the people of this country.”
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
STATEMENT: THE RESTRUCTURING OF THE FW DE KLERK FOUNDATION
On the eve of the FW de Klerk Foundation’s 20th anniversary, the Foundation’s Board of Trustees has taken a number of important decisions. These are to ensure that the Foundation continues to play a significant role deep into the future in supporting the Constitution, promoting positive inter-community relations and commemorating FW de Klerk’s legacy.
The Foundation has decided to acquire its own offices, where it will establish an FW de Klerk Documentation Centre. One of the Centre’s core purposes will be to commemorate South Africa’s historic constitutional transformation process between 1990 and 1996, and the role that South Africans from all political parties played in this process. The Board believes – together with many others in South Africa and throughout the world – that this was one of South Africa’s greatest achievements.
STATEMENT BY THE FW DE KLERK FOUNDATION REGARDING THE SAHRC’S LATEST HATE SPEECH RULINGS
The FW de Klerk Foundation is once again deeply concerned about the hate speech findings made by the South African Human Rights Commission (SAHRC) regarding certain statements made by Mr Malema and other members of the Economic Freedom Fighters (EFF). These include the Foundation’s initial complaint against Mr Malema in November 2016, in which he stated that “…We are not calling for the slaughtering of white people, at least for now ”. This was, inexplicably, found by the SAHRC not to be hate speech in terms of section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act (the Equality Act). The SAHRC found that none of the other complaints were hate speech in terms of the Equality Act.
ARTICLE: WHAT’S IN A NEW DIRECTORATE?
In 2010, the Constitutional Court, in the matter of Glenister v the President of the Republic of South Africa, found that section 7(2) of the Constitution obliges the State to implement effective mechanisms for battling corruption. Although this is not stated explicitly in the Constitution, corruption hinders the State’s ability to “respect, protect, promote and fulfil the rights in the Bill of Rights”; an aspect that is particularly necessary for the fulfilment of positive socio-economic rights.
The mission to counter corruption is being spearheaded by the Zondo Commission of Inquiry into State Capture (the Commission). Its objective is to “inquire into, make findings, report on and make recommendations concerning” State capture, as stated in the Commission’s Terms of Reference.
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