CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
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
STATEMENT: FREEDOM DAY 2014
We are about to celebrate the 20th anniversary of the foundation of our non-racial constitutional democracy.
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
STATEMENT: EXPROPRIATION IN A TIME OF TURMOIL
The Expropriation Bill was published on 21 December 2018, with a timeframe of 60 days for public comment. Its timing – when virtually the entire country was on holiday – and its compressed timeframe for comments, predictably arouse suspicion.
At face value, the Draft Bill seeks to amend the Expropriation Act of 1975, which is in contradiction of section 25 of the Constitution in respect of two key provisions. First, the Expropriation Act makes reference to “public purpose” only, while the Constitution references “public interest” and “public purpose”. Secondly, the Expropriation Act refers to “market value”, while the Constitution refers to “just and equitable” compensation. Market value is but one consideration in the determination of just and equitable compensation.
ARTICLE: THE STATE’S ATTEMPT TO CRIMINALISE HATE SPEECH – FLAWED AND UNCONSTITUTIONAL
On 15 February 2019, the window closed for written submissions on the Prevention and Combatting of Hate Crimes and Hate Speech Bill (the Bill) to the Portfolio Committee on Justice and Correctional Services. The Bill – which proposes the statutory criminal offence of hate speech – is a much-improved version of its 2016 predecessor. However, the current offence of hate speech still poses a serious threat to the right to freedom of expression.
SUBMISSION ON THE EXPROPRIATION BILL
The FW de Klerk Foundation is a non-profit organisation whose mission it is to promote and preserve FW de Klerk’s presidential heritage by supporting the causes for which he worked during his Presidency. The Foundation promotes unity in diversity by working for cordial inter-community relations and national unity through the activities of the Centre for Unity in Diversity. The Foundation also supports and promotes the Constitution, the Bill of Rights and the Rule of Law through the activities of the Centre for Constitutional Rights.
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