CONSTITUTIONAL COMMENTARY AND EVENTS
ARTICLES AND STATEMENTS
THE YOUTH HAVE REGISTERED. NOW GIVE THEM A REASON TO VOTE
Young South Africans responded strongly to the first voter-registration weekend, with people aged 16 to 29 accounting for 80% of all new registrations. But registration does not automatically translate into trust or turnout, particularly when young citizens face severe unemployment, declining services and limited confidence in local government. Political parties must now earn their votes through credible candidates, measurable ward-level commitments and transparent accountability.
XENOPHOBIA IS NOW A TRADE POLICY PROBLEM, NOT JUST A LAW-AND-ORDER ONE
Xenophobic violence is no longer only a domestic law-and-order concern; it is placing South Africa’s regional trade relationships, diplomatic credibility and continental standing at risk. With billions of dollars in trade flowing between South Africa and its neighbours, even limited disruption caused by consumer backlash, logistical delays and declining trust could carry serious economic consequences. South Africa must therefore combine lawful migration enforcement with decisive prosecutions, diplomatic engagement and firm protection of constitutional order.
THE STATE CANNOT FIX MUNICIPALITIES WHILE REFUSING TO PAY THEM
Provincial departments owed municipalities R14,9 billion by December 2025, placing further pressure on already fragile local government finances. This persistent non-payment undermines service delivery, violates the principles of cooperative government and forces municipalities to finance provincial operations through unpaid accounts. National Treasury should enforce accountability and establish a targeted mechanism to deduct verified municipal debts from provincial allocations.
PODCASTS
THE CONSTITUTION@WORK PRESENTS: THE GOVERNMENT OF NATIONAL UNITY
26 June 2024 @ All Day. –
In this episode of The Constitution@Work, the FW de Klerk Foundation’s Constitutional Programmes Team discuss the Government of National Unity with Prof. Willem Fourie.
THE CONSTITUTION@WORK PRESENTS: INDIGENOUS LANGUAGES
15 March 2024 @ All Day. –
In this episode of The Constitution@Work, the FW de Klerk Foundation’s Constitutional Programmes team discuss challenges and opportunities surrounding our indigenous languages.
THE CONSTITUTION@WORK PRESENTS: CONSITUTIONAL CROSSFIRE
31 January 2024 @ 3:00 pm – 4:00 pm –
In this episode of The Constitution@Work, Daniela Ellerbeck, Manager of Constitutional Programmes, Dave Steward, Chairperson Emeritus, and Ismail Joosub, Legal Officer of Constitutional Programmes at the FW de Klerk Foundation, delve into “The Constitutional Crossfire: A Critical Review of the Legislation that Unfolded in 2023.”
SUBMISSIONS
SUBMISSION ON THE NHI FUND: PROPOSED GOVERNANCE REGULATIONS
The FW de Klerk Foundation’s submission regarding the NHI Fund: Proposed Governance Regulations.
SUBMISSION ON THE DRAFT TRANSFORMATION FUND CONCEPT DOCUMENT
The FW de Klerk Foundation’s submission regarding the Draft Transformation Fund Concept Document.
SUBMISSION ON THE LOCAL GOVERNMENT: MUNICIPAL STRUCTURES AMENDMENT BILL
The FW de Klerk Foundation’s submission regarding the Local Government: Municipal Structures Amendment Bill.
SPEECHES
NUCLEAR WEAPONS: CLEAR AND PRESENT DANGERS AND PROSPECTS FOR THE FUTURE
STATEMENT BY FORMER PRESIDENT F W DE KLERK TO THE 7TH WORLD SUMMIT OF NOBEL PEACE LAUREATES: ROME, 17 NOVEMBER 2006 : Second
DEMOCRATIC POPULISM, FREE MARKETS AND LONG-TERM WELL-BEING
OPENING STATEMENT BY FORMER PRESIDENT F W DE KLERK IN THE ASHBURTON DEBATE: JERSEY, 16 NOVEMBER 2006 THE ISSUE FOR DEBATE IS “THE SPEED
THE CONSTITUTION AND THE FW DE KLERK FOUNDATION CENTRE FOR CONSTITUTIONAL RIGHTS
STATEMENT BY F W DE KLERK ON THE LAUNCHING OF THE F W DE KLERK FOUNDATION CENTRE FOR CONSTITUTIONAL RIGHTS: CAPE TOWN, 17 OCTOBER
EVENTS
PUBLIC LAND IS A CONSTITUTIONAL INSTRUMENT, NOT A BALANCE-SHEET ENTRY
The Constitutional Court’s Tafelberg judgment confirms that well-located public land cannot be treated merely as a commercial asset when it can help reverse apartheid’s spatial legacy. Where affordable housing is built matters, because access to employment, transport, education and essential services forms part of meaningful access to adequate housing. Municipalities and provinces must therefore manage and dispose of public land transparently, with genuine public participation and proper regard for its constitutional value.
LESSONS FROM THE 2026 GTAC CONFERENCE
The 2026 GTAC Public Economics Conference highlighted a central truth: South Africa’s employment crisis cannot be solved by training people for jobs that do not exist. Sustainable progress requires evidence-based policy, smarter public spending and greater support for the informal, township and rural economies where millions already earn their livelihoods. Ultimately, the Constitution demands a state that protects dignity, removes barriers to opportunity and measures success by real outcomes rather than the number of programmes funded.
FW DE KLERK FOUNDATION ON WITHHOLDING OF MUNICIPAL TRANSFERS
The FW de Klerk Foundation notes National Treasury’s decision to withhold transfers to non-compliant municipalities and Parliament’s call for their urgent compliance. These developments confirm what has become crystal clear: Many municipalities across South Africa faces a deep and persistent governance crisis.
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