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Substantive equality cannot override formal equality

 20 Dec 17
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.…

Parliament’s surrendering of power to bureaucrats jeopardises democracy

 07 Dec 17
Did you know that when you drive 140 in a 120 km/h zone, you are not ‘breaking the law’, at least not directly?…

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.…

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.…

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.…

Reckless amendments to the Constitution will be illegal

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

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.…

The Hate Speech Bill: another instalment in the march towards tyranny

22 May 17   Rex van Schalkwyk
A curious right that has emerged from the rights culture of the past 70 years is the right to be not offended.…

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.…