CONSTITUTIONAL COMMENTARY AND EVENTS

The FW de Klerk Foundation welcomes today’s announcement by the current (albeit it embattled) head of the National Prosecuting Authority (NPA), Adv Shaun Abrahams, to reinstate the charges of corruption, money laundering, racketeering and fraud against former President Jacob Zuma. This brings to an end a decade of litigation over the initial NPA decision in 2009 to withdraw the charges levelled against former President Zuma. Given the uninspiring record of the NPA in the prosecution of politically-connected individuals, there is perhaps need for cautious optimism. Nevertheless, with the overwhelming public interest and the presence of a vociferous and robust civil society and the possibility of private prosecution, it is hoped that the NPA will be true to its constitutional mandate of prosecuting without fear, favour or prejudice.

Introduction
The FW de Klerk Foundation (FWDKF) was established to protect and promote the Constitution. This we do through the work of two Centres: the Centre for Constitutional Rights (CFCR) and the Centre for Unity in Diversity (CUD). For 2017 and 2018, the general theme of our work is Property Rights and Land Reform.

The choice of theme by the Foundation preceded the current debate on Expropriation Without Compensation (EWC), sparked by the resolution tabled in Parliament in February 2018. This is in fact testimony of the commitment of the Foundation to land reform and the institutionalisation of property rights for all South Africans.  Furthermore, we believe that the Constitution offers sufficient means and measures to effect land reform within the precepts of section 25 and we remain studiously committed to its implementation as it stands.   

As a Foundation with its two Centres, we offer this position on EWC as a contribution to the essential and ongoing debate in this regard. This position will be extended as the debate continues.