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Voices Exploring the constitutional definition of hate speech

 14 Jan 19
The Prevention and Combating of Hate Crime and Hate Speech Bill is likely to become law during 2019.…

Right to compensation central to protecting human rights

 09 Jan 19
Government’s push to water down the constitutional protection for property rights in South Africa by amending the Constitution should shock everyone of whatever race or socio-economic background.…

Amending the Constitution on shaky grounds will cause illegitimacy

03 Dec 18   Martin van Staden
Removing the right to compensation when expropriating property that is currently contained in section 25 of the Constitution, will be a lethal blow to the legitimacy and stability of our constitutional order if done under present conditions.…

Controlling the fuel price is a recipe for disaster

24 Oct 18   Martin van Staden
The Department of Energy has indicated that it is considering setting a maximum allowable price for 93 unleaded fuel as a relief measure to soothe South Africans beleaguered by unrelenting petrol price increases over recent months.…

Stop making laws to which nobody adheres

09 Oct 18   Martin van Staden
The law is supposed to fulfil two important functions in society: protecting people’s persons and property, and conflict avoidance.…

Expropriation without compensation is a contradiction in terms

01 Oct 18   Martin van Staden
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.…

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.…

‘Never again’ until next time

15 Aug 18   Martin van Staden
In 1994, Nelson Mandela dedicated the day he was inaugurated as the first President of a free South Africa to those who sacrificed “and surrendered their lives so that we could be free”.…

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,…

Here’s how you lower the fuel price

10 Jul 18   Martin van Staden
The African National Congress and President Cyril Ramaphosa appear determined to lower the fuel price – in the midst of raising it – with Business Tech reporting that government is “actively seeking ways” to find a solution to the problem.…

Proposed IT law vague and confusing

03 Jul 18   Martin van Staden
When a law is sufficiently vague and no reasonable person can make head or tail of what it means or what its implications are, that law fails to live up to the legality standard contained in section 1(c) of the Constitution.…

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.…

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.…

Snake in the grass with Joburg housing policy

23 May 18   Martin van Staden
Something all politically-conscious South Africans often forget is that the road to Hell is paved with good intentions.…

ICT policy: Don’t fix what isn’t broken

08 May 18   Martin van Staden
Information and communication technologies (ICT) have caused unprecedented change during the previous two and a half decades.…

Auctioning of spectrum could provide the money government is looking for

16 Apr 18   Martin van Staden
Owning the rights to radio frequency spectrum above a given territory is a valuable asset.…

Spectrum trading should be encouraged, not banned

05 Apr 18   Martin van Staden
Spectrum are the radio frequencies – a finite resource – that mobile operators use to provide services to consumers.…

South Africa is not capitalist, but needs to be

04 Apr 18   Martin van Staden
To say that South Africa is a capitalist society is popular among journalists, politicians, and trade unionists.…

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.…

How the Constitutional Court may still save property rights

27 Mar 18   Martin van Staden
That individuals and communities must have the ability to keep and own things they have earned, found, bought or created, is necessary for any free and just society.…