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Reducing the number of provinces is an affront to the Rule of Law and democracy

 02 Aug 17
The African National Congress’ suggestion that the number of provinces be reduced from nine to six comes as a shock.…

Reckless amendments to the Constitution will be illegal

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

Have we been underemphasising public participation?

04 Jul 17   Martin van Staden
Public participation in the affairs of government is democracy in action. Government receives a general mandate once every five years, however, public participation serves to legitimise particular policies.…

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.…

FAIS: Debarring representatives violates the Rule of Law

14 Jun 17   Gary Moore
The provision of the Financial Advisory and Intermediary Services Act of 2002 (“FAIS”) that vests in employers the power and obligation to banish (“debar”) financial-services representatives from the entire industry, has the effect of discriminating…

Media release: Radical legal transformation: Embrace Mandela’s rule of law not apartheid arbitrary governance

13 Jun 17   FMF Media Release
South Africa’s democracy is founded on the “supremacy of the constitution and rule of law.”…

The rule of Anu and Bel

07 Jun 17   Rex van Schalkwyk
“(And) then Anu and Bel (both gods) called by name me, Hammurabi, The Exalted Prince, who feared God, to bring about the rule of righteousness in the land.…

Media release: President Zuma is right! We need Radical Economic Transformation

08 May 17  
President Jacob Zuma is right! We do need radical economic transformation (RET) and the Free Market Foundation (FMF) has been advocating such policies for over 40 years.…

Lipservice or participatory democracy?

12 Apr 17   Martin van Staden
The subjugation of black South Africans to arbitrary, discretionary rule by officialdom and the whims of politicians was one of the hallmarks of apartheid.…

South Africa’s Rule of Quasi-Law

05 Apr 17   Martin van Staden
Quasi-law has become the norm in South Africa, with Parliament acting as a delegator of powers rather than the representative law-making body it is supposed to be.…

Media release: Time allowed for public participation on ICC withdrawal inadequate

28 Feb 17   Free Market Foundation
The Department of Justice and Constitutional Development invited public comment on government’s intention to withdraw from the Rome Statute of the International Criminal Court on 14 February 2017, with the deadline for comment set at 8 March 2017.…

Ever expanding governments breed corruption

15 Feb 17   Rex van Schalkwyk
Publius Cornelius Tacitus, who lived during the first century AD, gave this warning: “The more corrupt the state, the more numerous the laws”.…

Three most-overlooked provisions of the Constitution

08 Feb 17   Martin van Staden
The Constitution exists in the abstract to most people. They know there is a document, somewhere, with a list of principles and values which protects them from… something, but what it actually says and how it is set out, is not known to most.…

Business Day column: Techno-equality calls for cheaper access not lavish entitlement

24 Nov 16   Leon Louw
Once upon a time, people knew what human rights were. It was beautifully straightforward.…

Liberal intolerance

24 Nov 16   Rex van Schalkwyk
There is an echo of the post Brexit rebellion in the street protests that have occurred throughout the United States following the election of Donald Trump.…

Health Act does not adhere to the rule of law

02 Nov 16   Martin van Staden
Government’s National Health Insurance (NHI) proposals have dominated the headlines over the past months.…

Business Day column: We have a new mechanism to make better laws – but it is not working

11 Oct 16   Leon Louw
When President Jacob Zuma contracted a pool company to build a fire-pool at his Nkandla mansion, they arrived, pottered around for days, got paid and left.…

The Hawks, the N.P.A. and the rule of law

05 Oct 16   Rex van Schalkwyk
The National Prosecuting Authority (N.P.A.) has a duty, both at common law and under the constitution, to perform its obligations without fear, favour or prejudice.…

Business Day column: We have a new mechanism to make better laws — but it is not working

15 Sep 16   Leon Louw
WHEN President Jacob Zuma contracted a pool company to build a fire-pool at his Nkandla mansion, they arrived, pottered around for days, got paid and left.…