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Unconstitutional subdivision restriction the major obstacle to rapid land reform

 14 May 18
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.…

Government’s embrace of parasitical SAA is unconstitutional

29 Nov 17   Martin van Staden
South African Airways (SAA) is not a parastatal, it is parasitical. Society as envisioned by our Constitution has no place for parasites, especially if its continual humouring has to come at the direct expense of equality, dignity, and freedom.…

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.…

Core aspects of anti-tobacco proposals fall short of constitutional criteria

27 Nov 17   Leon Louw
What, if anything, does our constitution tell us about anti-smoking laws and policies?…

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.…

Treasury undermines the Constitution with SAA appropriation bill

21 Sep 17  
With a national consensus developing around the needless existence of an unprofitable national airline,…

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.…

Reckless amendments to the Constitution will be illegal

12 Jul 17   Martin van Staden
Calls to chop and change our Constitution amount to little more than spur-of-the-moment political kneejerks.…

Institutions must remain mindful of their core mandate

27 Jun 17   Martin van Staden
Institutions and the rule of law are the essential elements that protect individual South Africans from the excesses and abuses of state power.…

Making America great again

14 Jun 17   Temba A Nolutshungu
Liberty is what made the United States of America different from the rest of the world. It was at the core of America’s historical greatness and the fundamental value of its people.…