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Government’s ‘malicious compliance’ with socio-economic impact assessments

 03 Aug 18
Since 1 October 2015, the Cabinet of South Africa has required socio-economic impact assessments (SEIAs) to be conducted whenever Cabinet approval is required for draft policies, bills or regulations.…

Freedom and prosperity for all

 01 Aug 18
Given the current economic situation in the country characterised by low growth, more people are coming to appreciate the sound moral, philosophical, and economic underpinnings of a free market economy.…

Recklessly throwing taxpayer funds at court cases is unconstitutional

25 Jul 18   Martin van Staden
With unemployment and social welfare at crisis levels and an actively shrinking economy, one would expect government to spend the little funds it forcefully extracts from taxpayers on comparatively important things,…

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

13 Jun 18   Martin van Staden
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.…

The empire of the competition regime

15 May 18   Robert W Vivian
In the Common Law-Supreme Court framework, there is one law for the whole country crafted over centuries by the Supreme Court.…

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?…

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.…

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.…

Angels and demons and the draconian liquor amendment bill

19 Mar 18   Temba A Nolutshungu
Liquor is such a demonised product. It is advocated almost as a lethal poison that evil-minded producers and retailers would wish to administer.…

Think again, ANC members, before you give up your secure property rights protection!

10 Jan 18   Eustace Davie
How do current members of the ANC know what will happen in the future if they remove the strict protection of property rights from the constitution?…

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.…

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?…

Illegitimate FSB directive revoked

13 Nov 17   Gary Moore
Until very recently, financial intermediaries and advisers (financial-service providers, FSPs) wishing to reappoint representatives who had been debarred from the industry,…

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.…

Irrational new regulations for minibus taxis

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