FMF NEWSLETTER 20 December 2017

21 December 2017
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FMF NEWSLETTER 20 December 2017   
EDITORIAL  

Dear friend of the FMF

In this week’s feature article, Martin van Staden unpacks the problematic notion that all people must be made equal in a substantive manner. This view places a certain level of responsibility on the state and inherently requires the violation of individual rights in favour of ‘desirable’ outcomes. The problem arises with a radically different reading of the Constitution’s guarantee of equality in section 9; whereas as before it was limited to all people are equal before the law, it now means that people must be made equal in other aspects as well. Van Staden advocates for robust debate around this section, and other parts of the Constitution, lest we lose what was truly intended.

FEATURE article  

Substantive equality cannot override formal equality  – 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. Formal equality is, however, still the root of the provision, and it thus cannot be argued that substantive equality supersedes the former. The law must still apply equally on a non-racial, non-sexist basis.

WEEKLY smile  

Business Day column: High cost of flying the flag and keeping a fossil in the skies

UPCOMING FMF events  

Wednesday, 24 January 2018 MEDIA BRIEFING – Eustace Davie Constitutionality & labour law @11h00 @ FMF – more info to follow

Wednesday, 31 January 2018 FMF EVENT – Frans Rautenbach The law, trade unions & economic growth @17h45 @ FMF – more info to follow

LIVE STREAMING IS AVAILABLE FOR ALL EVENTS via the FMF’s Facebook page: https://www.facebook.com/FMFSA/    All events are then uploaded onto ChannellFMF on YouTube and are accessible through our website http://www.freemarketfoundation.com/ click on the + Follow FMF button on top right corner

WORTH reading  

Corporate corruption is not like government corruption
SAA is not a parastatal, it is a PARASITE and unconstitutional
3 reasons millenials should ditch Karl Marx for Ayn Rand

FMF in the media  

Media digest NOVEMBER 2017 for all media coverage

SOCIAL media  

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Watch our YouTube videos on ChannelFMF

Leon Louw – New law guaranteed to raise price of data and limit internet access
Adrian Saville – Paths to prosperity - lessons for a six pack solution
Leon Louw – South African Airways: The facts behind the fiction

Neil Emerick –  Will South Africa crash and burn?
Garreth Bloor –  Want economic growth? Repeal bad law

Eustace Davie – Imagine living in constant fear of losing your home
Temba A Nolutshungu – Time for South Africans to live and let live
Temba A Nolutshungu – Statist ideologies vs Individual sovereignty
Jasson Urbach & Johann Serfontein – NHI pie in the sky
Martyn Davies and Leon Louw – The secret of China’s success: innovation and entrepreneurship
South Africa: The Solution (1987)

Twin Peaks - how Treasury will cost SA an additional R4,8bn per year
FMF –  A constitution worth fighting for (1996)
Leon Louw – Radical Economic Transformation
Rex van Schalkwyk – Rule of Law 1 of 2 – What it is not
Rex van Schalkwyk – Rule of Law 2 of 2 – What it is

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