CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
FW DE KLERK FOUNDATION PRESS STATEMENT ON ESCALATING CHILD ABUSE CASES IN SOUTH AFRICA
The FW de Klerk Foundation notes with serious concern the recent data confirming over 26 000 cases of child abuse and neglect during 2024-25 and calls for urgent reforms.
DIPLOMACY IS NOT DEAD – THE WORLD HAS JUST FORGOTTEN HOW TO USE IT
Ismail Joosub analyses the recent conflict in the Middle East and questions whether those in leadership positions remember that escalation and “self-defence” attacks are not the only options – diplomacy is not dead.
BALANCING TRANSPARENCY AND SECURITY – SOUTH AFRICA’S ACCESS TO INFORMATION ECOSYSTEM
Sonia Twongyeirwe recognises recent updates which have affected South Africans’ enjoyment of the fundamental right to access information, as enshrined in the South African Constitution.
PODCASTS
SUBMISSIONS
ARTICLE: DIMINISHING THE POWER OF DISCRIMINATION
The killing of 69 unarmed people in Sharpeville, South Africa, protesting apartheid pass laws on 21 March 1960, stirred the conscience of the world and saw the United Nations General Assembly adopt a Resolution to declare the day International Day for the Elimination of Racial Discrimination in 1966.
ARTICLE: DIMINISHING THE POWER OF DISCRIMINATION
The killing of 69 unarmed people in Sharpeville, South Africa, protesting apartheid pass laws on 21 March 1960, stirred the conscience of the world and saw the United Nations General Assembly adopt a Resolution to declare the day International Day for the Elimination of Racial Discrimination in 1966. ‘Sharpeville Day’ also became the origin for the post-1994 government of South Africa’s Human Rights Day, declared a public holiday.
While definitions of racism and racial discrimination are varied, at the heart of the matter is prejudice that is embedded in race, colour, ethnicity and often the combination of these. The UN, in its International Convention on All Forms of Racial Discrimination (1965), defines it thus, “the term ‘racial discrimination’ shall mean any distinction, exclusion, restriction, or preference based on race, colour, descent, or national or ethnic origin that has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, social, cultural or any other field of public life”.
ARTICLE: THE LAND QUESTION – BLACK UNITY AND NO COMPENSATION OR NON-RACIALISM AND CONSTITUTIONALISM?
In his State of the Nation (SONA) appearance, President Zuma said “we had stated our intention of using the Expropriation Act, 1975 (Act 63 of 1975) to pursue land reform and land redistribution, in line with the Constitution” (my emphasis).
In debating this, the Minister of Rural Development and Land Reform, Gugile Nkwinti, on 14 February, said that the Government will undertake a pre-colonial audit of land ownership and “(o)nce the audit has been completed, a single law should be developed to address the issue of land restitution without compensation. The necessary constitutional amendments should be undertaken to effect this process”.
At the launch of Operation Phakisa’s agriculture, land reform and rural development leg on 24 February, Zuma asked the following rhetorical (and nonsensical) question: “How are we going to achieve all the goals mentioned in the State of the Nation Address and all the laws and policies that we are busy amending to enable faster land reform, including land expropriation without compensation as provided for in the Constitution” (my emphasis). On 3 March, in his official opening of National House of Traditional Leaders, the President repeated the Nkwinti statement almost verbatim. Land reform “in line with the Constitution” has quickly become “land restitution without compensation”.
SPEECHES
EVENTS
THE FW DE KLERK FOUNDATION WELCOMES THIS DEVELOPMENT TO END THE CONFLICT IN THE MIDDLE EAST
The FW de Klerk Foundation welcomes this development to end the conflict in the Middle East.
YOUR RIGHT TO LIVE OUT YOUR CULTURE
The FW de Klerk Foundation outlines how cultural rights are protected by the Constitution and how diversity strengthens our nation, as outlined in its 2025 Cultural, Religious and Linguistic Rights Report Card.
THE FW DE KLERK FOUNDATION’S RESPONSE TO PRESIDENT RAMAPHOSA’S NEC ECONOMIC PLAN: IMPLEMENT AND LIBERATE
The FW de Klerk Foundation responds to President Cyril Ramaphosa’s closing address to the ANC Special NEC – welcoming the focus on growth, but cautioning against centralised control, tariff preferences and protectionism.
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