CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
STATEMENT: 20TH ANNIVERSARY OF THE AWARDING OF THE NOBEL PEACE PRIZE TO FW DE KLERK AND TO NELSON MANDELA
Today is the 20th anniversary of the awarding of the Nobel Peace Prize to FW de Klerk and to Nelson Mandela. Significantly, it is also the day of the principal commemoration in Johannesburg of Mr Mandela’s life. In addition, it is also International Human Rights Day.
Perhaps the greatest significance of the 20th anniversary of the 1993 Peace Prize is the progress that South Africa has made since then.
ARTICLE: THE WOMEN EMPOWERMENT AND GENDER EQUALITY BILL
There is something quite touching in the ANC’s belief that it can solve complex economic and social problems simply by promulgating new laws. What is not so endearing is the underlying notion that the state has a right to intrude into the legitimate affairs of private businesses, civil society organisations and political parties in its efforts to impose its ideological precepts throughout society. That has the whiff of totalitarianism‐ however benign the intentions may ostensibly be.
ARTICLE: TURNING UP THE BBBEE AND EMPLOYMENT EQUITY HEAT ON WHITE-OWNED BUSINESSES
The recently published BEE codes and the Employment Equity Amendment Bill (EEAB) can be understood only within the context of the ANC’s overarching National Democratic Revolution (NDR) and its ideology of demographic representivity (DR).
According to the ANC’s 2007 Strategy and Tactics document “A critical element of the programme for national emancipation should be the elimination of apartheid property relations.” This would require, inter alia, “the de-racialisation of ownership and control of wealth, including land”; and “equity and affirmative action in the provision of skills and access to positions of management”.
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
ARTICLE: UP’S CONFIRMATION OF ENGLISH ONLY

The University of Pretoria (UP) successfully won a court challenge against its “English only” language policy in December 2016. Since then, it prepared the way for this policy to be implemented. Last week, the UP found it necessary to announce that from this year, all first-year students will only be taught in English. This is not new, as the decision was already taken almost three years ago.
Nevertheless, the statement by the UP warrants analysis and commentary, for three significant reasons. Firstly, the media statement made by the UP’s spokesperson, Rikus Delport; secondly the comments by the newly-appointed Vice-Chancellor, Prof Tawana Kupe; and thirdly the tweet on the issue by the Minister of Finance, Tito Mboweni (being a former Chancellor of the former University of the North-West in Mafikeng).
ARTICLE: UNFAIR ALLOCATION – POLICING RESOURCES

In December 2018, the Equality Court handed down judgment in a matter concerning the allocation of police human resources across the Western Cape. The matter was brought in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act) by the Social Justice Coalition (SJC), Equal Education (EE) and the Nyanga Community Policing Forum (Nyanga CPF). The applicants challenged the allocation of police human resources on the basis that the process discriminated unfairly against black and poor people.
SPEECH: THE FIRST QUARTER CENTURY
It is a great pleasure once again to address the Cape Town Press Club.
In the course of my speech I shall endeavour to revisit the remarkable process that culminated 25 years ago in the fundamental constitutional transformation of South Africa.
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