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

13 Jun 18

Martin van Staden

Rule of law, political funding, democracy

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.…

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The empire of the competition regime

15 May 18

Robert W Vivian

common law, medical scheme, regulations

In the Common Law-Supreme Court framework, there is one law for the whole country crafted over centuries by the Supreme Court.…

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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.…

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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?…

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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.…

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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.…

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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.…

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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?…

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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.…

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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?…

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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.…

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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.…

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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?…

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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,…

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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.…

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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.…

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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.…

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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.…

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Irrational new regulations for minibus taxis

18 Sep 17 Gary Moore

Worthless and peripheral tinkering at paintwork and logos…

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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.…

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