CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
STATEMENT: TRIBUTE – FORMER CHIEF JUSTICE PIUS LANGA
I have learned with great sadness of the death of former Chief Justice Pius Langa and would like to convey my sincere condolences to his family and friends. As one of the first Judges appointed to our Constitutional Court after 1994 -‐ and later in the key role of Chief Justice from 2005 until his retirement in 2009 - Justice Langa played a crucial role in laying the foundations for our young constitutional democracy and continued to promote the integrity and independence of the judiciary as a cornerstone of our democracy.
STATEMENT: MANDELA DAY – 67 MINUTES
In keeping with this year’s theme of: “Take action; inspire change; make every day a Mandela Day”, staff of the FW de Klerk Foundation will be donating 67 minutes of their time to a community project in Cloetesville, Stellenbosch.
The ATKV AbbAsorg project cares for more than 35 disadvantaged and vulnerable children - aged between three and six years - from the local community. The project provides the children with nutritious meals and promotes school-readiness by means of an educational pre-school programme.
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.
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