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When it comes to making laws quality over quantity is preferable

 04 Feb 19
The view that a legislature is only “productive” when it passes many laws in a short period must be challenged.…

SA’s support of Venezuela’s Maduro tramples on the Constitution

 30 Jan 19
The South African government has thrown its support behind the tyrant Nicolas Maduro of Venezuela in the midst of a constitutional crisis in that country.…

Exploring the constitutional definition of hate speech

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

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…

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.…

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.…

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.…