CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
CASE DISCUSSION: HIDING BEHIND COOPERATIVE GOVERNANCE – EQUAL EDUCATION AND AMATOLAVILLE PRIMARY SCHOOL V THE MINISTER OF BASIC EDUCATION AND OTHERS
In 2014, the unimaginable death of five-year-old Michael Komape, in a pit latrine at his Limpopo school, revealed the grim reality that South Africa’s education system is failing in the most basic sense. Four years later, five-year-old Lumka Mketwa faced the same horrific death at her Eastern Cape school. These inconceivable deaths must be viewed in light of section 29(1) of the Constitution, which obliges the State unconditionally to ensure that every child has access to a school. Access to a school, confirmed by case law, presupposes access to educational resources and appropriate facilities. How then does one explain this disconnect between reality and the constitutional guarantee supported by a budget allocation proportionally higher than the United Kingdom or Germany?
DISCUSSION: WHITHER ZIMBABWE AFTER THE ELECTIONS?
There was much hope for the recent elections in Zimbabwe, particularly since these were the first elections in post-independent Zimbabwe where former President Robert Mugabe
STATEMENT: SHAUN ABRAHAMS’ REMOVAL WELCOMED BUT CONCERNS ABOUT THE NPA LINGER
The FW de Klerk Foundation welcomes today’s majority judgment handed down by the Constitutional Court regarding the position of the National Director of Public Prosecutions (NDPP). It is further testament to the tenacious efforts to ensure the adherence to the Rule of Law by civil society, given that the application before the Court was launched by Corruption Watch, Freedom Under Law (FUL) and CASAC. The judgment, which comes five months after the matter was argued, brings finality to the question of whether Shaun Abrahams is rightfully in the office, given the unlawful departure of his predecessor, Mxolisi Nxasana.
The strongly-worded judgment in which former President Jacob Zuma is said to have abused his power in the unlawful removal of Nxasana perhaps reflects exasperation on the part of the Judiciary. Yet again, the courts are forced to intervene in a matter involving the abuse of power and political interference in State institutions.
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