CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
STATEMENT BY FW DE KLERK ON THE OCCASION OF THE 95TH BIRTHDAY OF NELSON MANDELA
Nelson Mandela is approaching the end of the long walk that he began 95 years ago in Qunu. On his birthday we should commemorate the remarkable contributionthat he has made to South Africa and to all its people.
Today should be a time for quiet and respectful contemplation – and not for unseemly squabbling over the ownership of Mr Mandela’s heritage.
STATEMENT: FW DE KLERK TO RETURN TO CAPE TOWN
Mr FW de Klerk and his wife Elita have decided to suspend their current working visit and holiday in Europe because of Mr Mandela’s medical condition. They will arrive back in Cape Town tomorrow. Their thoughts are with the Mandela family during this difficult time and they join in their prayers for an improvement in Mr Mandela’s health.
STATEMENT: THE RIGHT TO CRITICISE A SITTING HEAD OF STATE
In 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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ARTICLE: INTERNATIONAL ANTI-CORRUPTION DAY – FOR SOUTH AFRICANS, THIS IS NOT JUST A FAR-OFF CAMPAIGN

The United Nations (UN) has numerous days on the annual calendar dedicated to some or other cause or campaign. Many of these pass by almost unnoticed. International Anti-Corruption Day, commemorated on 9 December every year, should not be one of those. For South Africans, this day, is (unfortunately) all too real.
The UN brought together a number of nations 15 years ago to adopt the Convention Against Corruption. Today, 186 states are party to the Convention and subscribe to its anti-corruption goals and ideals. In terms of the Convention, nearly every country in the world has laws in place making corruption a crime. Every country has further committed, through the well-known Sustainable Development Goals (SDGs), “to reducing corruption and bribery, strengthening the recovery and return of stolen assets and developing effective, inclusive and transparent institutions”.
ARTICLE: SEEKING THE MAGIC BULLET

The full weight of expectation of the country now rests on newly-appointed National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi. Her appointment by President Ramaphosa on 4 December 2018, was received with both relief and hope that she will repair and lead the National Prosecuting Authority (NPA) into a future that is unsullied.
The question of course is that of whether the nation pins its hope – yet again – on “a fixer”, in the absence of the drive to engage systematic and urgent change. Advocate Batohi comes to the position with impeccable credentials and minus the taint of some of her predecessors but will have to contend with an already overflowing inbox; a team that is politically divided and a mission to rejuvenate credibility in the criminal justice system. All this, at a time when too many South Africans appear to be jaded. However, history has proven again and again that South Africans are a feisty lot – with opinions to match – and the new NDPP will receive ample advice even in advance of her assumption of duties in February 2019.
STATEMENT: ESKOM LOAD-SHEDDING: MORE THAN A HANGOVER FROM THE ZUPTAS

The phenomenon of load-shedding is hanging over the festive season of 2018 like a dark cloud. For many, across the country, their festivities might happen by candlelight, which may add to the ambience but will predictably cast a shadow over any possible and much-needed economic recovery.
Naive South Africans believed that with a new President and a new Minister of Public Enterprises, plus a new Eskom Board, Eskom should be functioning optimally, and load-shedding was something of the past and would be over. The fact is that corruption and mismanagement cast a long shadow and cannot be turned around quickly. Additionally, incapable, inexperienced and corrupt officials (evidenced by the design faults at Medupi and Kusile) can’t be fired at will without the requisite due process, which is a supreme irony, considering the damage that they have caused. It is therefore important to state that the present load-shedding – with feeble excuses from Eskom about lack of capacity and needed maintenance, and uranium left out to get wet – is a bad hangover from the Zupta era. So is the fact that Eskom is in deep financial crisis and continuously dependent on State bail-outs.
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