CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
STATEMENT: FW DE KLERK TALKS ABOUT SOUTH AFRICA’S PAST, PRESENT AND FUTURE
In a speech on 13 September 2013 at the Nedbank SA Charity Golf Day at Foxhills resort in England, FW de Klerk shared his views on South Africa’s past, present and future.
He said that he could recall no time since 1994 when so many South Africans had been so despondent. He added that “we should remember 1994 – not only because it was the birth of our new society – but because it provides an important reminder that we South Africans have the ability to solve even the most intractable problems”.
ARTICLE: PRIVATE LIVES AND PUBLIC RESPONSIBILITIES
I have never, in my entire life, had even a puff of a cigarette. True, I did smoke a cigar 29 years ago when my son was born – but like Bill Clinton I did not inhale. Although I dislike smoking I am fairly tolerant of those who are addicted to tobacco (I have little choice since my wife enjoys the occasional cigarette). Nevertheless, I am happy that people may no longer smoke in planes, restaurants and other public places. I also believe that government should be commended for its vigorous anti-smoking campaign – which has cut smoking by 50% in the past 20 years.
ARTICLE: THE CHALLENGE OF DEMOCRACY IN DIVIDED SOCIETIES
The deepening turmoil in Egypt provides some sharp lessons on the potential pitfalls of winner‐takes-‐all democracy in deeply divided societies. Democracy is in essence a convention in terms of which competition for political power is resolved by elections - rather than by violence. Participants agree that the party or parties that win the election can form the government and rule the country for a prescribed period until the next election.
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
ARTICLE: SANDF IN EMFULENI: PROBLEM NOT SOLVED
Since June, the people of Emfuleni have had to live with raw sewage being emptied into the Vaal River. The contamination of the river threatens access to clean water for the three million people who depend directly on the Vaal River and the Vaal Dam for water. This by itself is shocking enough, however, the crisis has further consequences. The yards and streets of residents of Boipatong, Vereeniging, Sebokeng and Sharpevilleare flooded with sewage. For them, the crisis has even harsher effects, limiting the functionality of schools and causing severe health problems. An inspection by the South African Human Rights Commission (SAHRC) in September found the situation to violate the constitutional rights to dignity, clean environment and social rights provided for in Section 27.
ARTICLE: THE TRUE SIGNIFICANCE OF THE EMPLOYMENT EQUITY AMENDMENT BILL
The Employment Equity Amendment Bill, now before Parliament, is the latest move in a long process that is progressively diminishing the economic space within which minorities can operate.
It is, of course, essential that the economy must be open to all South Africans at all levels – but this can be achieved far more effectively through natural economic evolution and by prohibiting unfair discrimination than by imposing a system in which appointments, promotions and tenders are based on race rather than on individual merit and effort.
The Amendment Bill will give the Minister of Labour the power to establish sectoral numerical targets to ensure “equitable representation of suitably qualified people from designated groups (black South Africans, women and persons with disabilities) at all occupational levels in the workforce.” “Designated employers” – i.e. those that employ more than 50 people – will have to ensure that the “numerical goals” in their employment equity plans comply with the applicable sectoral numerical target.
ARTICLE: LOSING SIGHT OF SUBSTANTIVE EQUALITY IN THE GAME OF NUMBERS
The Centre for Constitutional Rights (CFCR) recently made a written submission to the Department of Labour (the Department) on the Employment Equity Amendment Bill, 2018 (the Bill) read with the Draft Employment Equity Regulations, 2018 (draft EE regulations).
The Bill proposes various critical amendments to the Employment Equity Act of 1998 (the EE Act) relating to employment equity measures. Despite the Bill’s potential impact, these proposed amendments appear to have gone largely under the radar.
A key proposed amendment is the establishment of sectoral numerical targets by the Minister of Labour. This is proposed to “ensure equitable representation of suitably qualified people from designated groups (black South Africans, women and persons with disabilities) at all occupational levels in the workforce”. The draft EE regulations provide criteria to be considered by the Minister when determining the numerical targets for such national economic sectors.
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