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Media release: Violation of the Rule of Law gave SA the Guptas and Zuma corruption

 18 Jun 18
The Rule of Law (RoL) protects citizens from abuse of power and corruption by politicians and officials and safeguards individual rights and liberty.…

Violations of the Rule of Law undermine the Political Party Funding Bill

 13 Jun 18
The Political Party Funding Bill appears to be well on its way to becoming law in South Africa. Its intention to shed light on the identity of those who fund political parties is noble, and arguably essential in a free and just society.…

There is no need for the Hate Speech Bill

23 Apr 18   Chris Hattingh
In what spirit was the Hate Speech Bill drawn up? To add a moral imperative to South African law? To fulfil an aspect of social justice, a vague concept that has gained traction in academia and politics?…

FMF media release: New Hate Speech Bill an improvement, but is still unnecessary

17 Apr 18   FMF Media Release
The Free Market Foundation (FMF) welcomes the changes to the controversial Prevention and Combating of Hate Crimes and Hate Speech Bill (the Hate Speech Bill) which were published last week.…

Hate-Speech Bill: A threat to democracy in South Africa

27 Mar 18   Martin van Staden
On February 8, 2018, the Hate Crimes Working Group (HCWG) published a petition, widely covered in the media, decrying the fact that the controversial Prevention and Combating of Hate Crimes and Hate Speech Bill (the hate-speech bill), published for p…

How the Constitutional Court may still save property rights

27 Mar 18   Martin van Staden
That individuals and communities must have the ability to keep and own things they have earned, found, bought or created, is necessary for any free and just society.…

New traffic law inconsistent with the Rule of Law

27 Mar 18   Martin van Staden
The illegalities of the Administrative Adjudication of Road Traffic Offences (AARTO) Amendment Bill are too numerous to analyse in the space of one article.…

Substantive equality cannot override formal equality

20 Dec 17   Martin van Staden
It is now well-accepted in South African constitutional jurisprudence that the Constitution’s guarantee of equality in section 9 is not merely concerned with ‘formal’ equality (equality at law), but endorses a notion of ‘substantive’ equality.…

Parliament’s surrendering of power to bureaucrats jeopardises democracy

07 Dec 17   Martin van Staden
Did you know that when you drive 140 in a 120 km/h zone, you are not ‘breaking the law’, at least not directly?…

Request for extension of public comment period on bills gazetted during November 2017

30 Nov 17  
The departments of labour and telecommunications and postal services together published four bills on 17 November 2017 with hopelessly inadequate periods for public comment.…

Short comment periods on new laws are unreasonable and unconstitutional

28 Nov 17   Martin van Staden
The South African government seems to be making it a habit to publish new laws, regulations, and policies close to or over a holiday period.…

Mandatory transparency in political party funding could jeopardise South Africa’s democracy

23 Oct 17   Martin van Staden
That political parties should be transparent about their private funders would be a great win for democracy in South Africa.…

London's Uber ban shines light on the sorry State of the Rule of Law

17 Oct 17   Martin van Staden
Transport for London (TfL), the government agency responsible for regulating transportation in the UK’s capital, recently decided to revoke Uber’s license to operate within Greater London.…

Discretionary power – the root of corruption and disinvestment

20 Sep 17   Martin van Staden
Discretion – a power being rather loosely placed in the hands of politicians and officials – is the root of corruption and uncertainty, and consequent disinvestment in South Africa.…

Bid to hide SAA truth shows contempt for public

18 Sep 17   Leon Louw
IT IS worse than we thought. Much worse. So bad, in fact, that the state attorney has resorted to the sinister concealment from the nation of vital information.…

Time for government to throw in towel on SAA

18 Sep 17   Leon Louw
AFTER decades of mismanagement and waste, SA’s comical airline, South African Airways (SAA), will be liquidated and its remnants sold to the highest bidder, according to our wise new Finance Minister Nhlanhla Nene…

Irrational new regulations for minibus taxis

18 Sep 17   Gary Moore
Worthless and peripheral tinkering at paintwork and logos…

SA should opt out of international customs that violate the Rule of Law

29 Aug 17   Martin van Staden
As a general rule, international law is South African law. There are, however, a few quirks in diplomatic and political customs between nations that should not be tolerated in the Republic of South Africa.…

Reducing the number of provinces is an affront to the Rule of Law and democracy

02 Aug 17  
The African National Congress’ suggestion that the number of provinces be reduced from nine to six comes as a shock.…