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Momentum’s monumental mistake and the perils of mob-rule

 06 Dec 18
The executives of Momentum insurance appeared recently to have been coerced under popular pressure into making payment of a void policy, thereby upending over 250 years of sound global application of the common law.…

Draft “Bank Resolution” Bill is vague and violates the rule of law

 05 Dec 18
The draft Bill aimed at shoring up struggling banks violates the rule of law by authorising unequal treatment without identifying objective differences to justify it.…

Media release: Police oversight regime is constitutionally inadequate

06 Nov 18  
New research by the Rule of Law Project has revealed that the Independent Police Investigative Directorate Act (IPID Act) contravenes certain notions of the Rule of Law, as contained in section 1(c) of the Constitution, as well as the provisions in t…

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.…

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.…

Affirmative action: It’s time to up the ante in constitutional discourse

29 Aug 18  
In “The Rule of Law vs the Constitution” (7 August 2018) Sydney Kaye writes of how the Constitution of South Africa itself falls foul of its own commitment to the supremacy of the Rule of Law, as expressed in section 1(c) of the text.…

Media release: Parliamentary deference to executive bills a cause for concern

24 Aug 18   FMF Media Release
The Free Market Foundation (FMF) notes with concern a report on legislative performance that shows that Parliament has acquiesced to the executive branch of government substituting Parliament as law-maker and to giving it parliamentary rubber-stamps…

Expropriation of property without compensation – 75 per cent required to change the Constitution

22 Aug 18   Robert W Vivian
It seems the African National Congress (ANC) is determined to press ahead with the expropriation of property without compensation. This raises a number of constitutional questions. These questions and offered answers have appeared in the press.…

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

03 Aug 18   Ivo Vegter
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   Ayanda Khumalo
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.…