CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
PODCASTS
SUBMISSIONS
SPEECHES
EVENTS
CASE DISCUSSION: BREAKING DOWN THE NUCLEAR PROCUREMENT JUDGMENT – EARTHLIFE AFRICA-JOHANNESBURG AND 1 OTHER V THE MINISTER OF ENERGY AND 5 OTHERS
On 26 April 2017, the Western Cape High Court highlighted the foundational values of a democratic society built on openness and accountability in the matter of Earthlife Africa-Johannesburg vs the Minister of Energy (Earthlife judgment). The Earthlife judgment concerned the review application of the State’s dubious steps between 2013 and 2016 in the furtherance of its nuclear procurement programme. The judgment sets an important precedent for public participation in any future determinations by the Minister of Energy (the Minister) regarding the procurement for nuclear energy.
WRITTEN SUBMISSION ON THE CUSTOMARY INITIATION BILL
The Centre for Unity in Diversity (CUD), based at the FW de Klerk Foundation, avails itself to making a written submission in response to the call for submissions (14 July 2017) on the Customary Initiation Bill.
Furthermore, the CUD would appreciate the opportunity to engage the Portfolio Committee on Co-operative Governance and Traditional Affairs during the follow-up process, by providing an oral submission.
ARTICLE: WHEN NO ONE IS WATCHING THE WATCHERS – THE FATE OF STATE-OWNED ENTERPRISES
The Passenger Rail Agency of South Africa (PRASA) appeared before the North Gauteng High Court early this year in Molefe and Others v Minister of Transport and Others, and the Court ruled that administrative action conducted by the State must be accompanied by a rational nexus. By then, the gravity of the trouble brewing at other State-Owned Entities (SOEs) had been highlighted repeatedly in the press. PRASA had previously made news headlines following reports by the Public Protector and the Auditor-General citing irregular expenditure and corruption within the parastatal. Not too long thereafter, PRASA was again making headlines in relation to the purchase of incompatible locomotives and the corrupt manner in which the tender for the trains was awarded. The impunity with which officials at the SOE continued to operate led to a scathing indictment of corruption of SOEs by the South Gauteng High Court in Passenger Rail Agency of South Africa v Swifambo Rail Agency.
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