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Media release: Police oversight regime is constitutionally inadequate

 06 Nov 18
New research by the Rule of Law Project has revealed that the Independent Police Investigative Directorate Act (IPID Act) contravenes certain notions of the Rule of Law, as contained in section 1(c) of the Constitution, as well as the provisions in t…

Expropriation without compensation is a contradiction in terms

 01 Oct 18
For better or worse, there is no government in the world that does not possess the power to expropriate the private property of its subjects.…

Media release: Bad faith public participation in EWC hearings a travesty of participatory democracy

20 Sep 18   FMF Media Release
The Free Market Foundation’s (FMF) exclusion from the expropriation without compensation (EWC) parliamentary hearings is an affront to South Africa’s participatory democracy and the land rights struggle.…

Media release: Expropriation without compensation will require 75 per cent vote – Professor Robert Vivian

17 Sep 18   FMF Media Release
75% of the National Assembly vote would be required to change the Constitution to allow general expropriation without compensation, not 66% as the ANC and EFF believe, according to Robert Vivian, Professor of Finance and Insurance, Wits School of Eco…

How to provide responsibly for expropriation without compensation

17 Sep 18   Martin van Staden
If the Constitution is to be amended to provide for expropriation without compensation (EWC) – something South Africans of all stripes should oppose in principle – there are either safer or more dangerous ways to go about it.…

Reduce corruption by reducing discretion

05 Sep 18   Martin van Staden
South Africa and other societies spend untold millions on combating the scourge of corruption. Conferences are held on how to fight it more effectively and entire academic fields are dedicated to analysing it.…

EWC is an assault on the constitutional right to dignity

Land dispossession was commonplace in pre-democratic South Africa. People were kicked off their land because past regimes had no regard for individual property rights.…

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.…

Expropriation of property without compensation – 75 per cent required to change the Constitution

22 Aug 18   Robert W Vivian
It seems the African National Congress (ANC) is determined to press ahead with the expropriation of property without compensation. This raises a number of constitutional questions. These questions and offered answers have appeared in the press.…

Gauteng government is undermining constitutional democracy

19 Jun 18   Martin van Staden
Some in government believe that they were given carte blanche when they were elected.…

Blame political elite for poverty and lack of economic freedom

13 Jun 18   Martin van Staden
There has been much talk recently about the "inadequacy" of SA’s 1994 political transition, which led to the 1996 Constitution.…

Unconstitutional subdivision restriction the major obstacle to rapid land reform

14 May 18   Roan Stoop
If the constitutionality of the Subdivision of Agricultural Land Act (Act 70 of 1970) was challenged in the Constitutional Court it would likely lead to the repeal of the subdivision restriction on farmland.…

Expropriation without compensation would affect the rule of law

09 May 18   Gary Moore
The Expropriation Act authorises government expropriation of private property for market-value compensation.…

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?…

More time required to comment on expropriation without compensation amendment

28 Mar 18   Martin van Staden
South Africans will only have one month to submit comments on government’s plan to amend the Constitution to provide for expropriation without compensation before the Constitutional Review Committee will begin public hearings.…

Health Department’s attack on medical insurance could be unconstitutional

27 Mar 18   Mark Oppenheimer
A recent change to the law governing medical insurance recently came into effect, with the result that many policy holders were stripped of their healthcare products.…

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.…

Mexico’s elaborate open-access telecoms scheme struggles to take off

05 Mar 18   Gary Moore
The Mexican government obtained a constitutional change in 2013 to enable it to promote competition in telecommunications.…

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?…

Failure to respect constitutional rights causes mass unemployment

06 Dec 17   Eustace Davie
South Africa’s unemployed people are subjected to the appalling indignity of being denied the right to negotiate freely with potential employers who, in turn, are prevented by the labour laws from employing them on mutually agreeable terms.…