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Affirmative action: It’s time to up the ante in constitutional discourse

 29 Aug 18
In “The Rule of Law vs the Constitution” (7 August 2018) Sydney Kaye writes of how the Constitution of South Africa itself falls foul of its own commitment to the supremacy of the Rule of Law, as expressed in section 1(c) of the text.…

Media release: Parliamentary deference to executive bills a cause for concern

 24 Aug 18
The Free Market Foundation (FMF) notes with concern a report on legislative performance that shows that Parliament has acquiesced to the executive branch of government substituting Parliament as law-maker and to giving it parliamentary rubber-stamps…

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.…