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Business rescue: Politicians must familiarise themselves with the law

 19 Feb 20
Certain senior politicians seem to have a misapprehension of how business rescue works in South Africa, particularly as it regards the situation at South African Airways (SAA).…

‘Monopolisation’ is misunderstood and freedom of contract infringed in sports rights broadcasting

 12 Feb 20
Proposed government interference in the pay TV market is a violation of the freedom of contract, which is not only critical in the commercial world, but a fundamental guarantee of individual and community autonomy from the dictates of third parties.…

Icasa’s pay-TV ‘musts’ make for daft twaddle

16 Oct 19   Leon Louw
The Independent Communications Authority of SA’s (Icasa’s) draft sports broadcasting regulations are such incoherent babble that they should be called “daft regulations”.…

SA mining industry decimated by regulatory uncertainty

10 Oct 19   Eustace Davie
Parliament should review the minerals and mining legislation and regulations as a first step towards having its members meet their obligations under the oath they swore to uphold the Constitution.…

Icasa sports regulations pose a threat to constitutionalism

04 Oct 19   Martin van Staden
Constitutionalists have long cringed at the mention of “public interest” or “national interest” because of their inherent vagueness. Whatever government does or politicians or officials do, is justified as being in the public interest, even though th…

Legislation by regulation undermines economic freedom

03 Oct 19   Martin van Staden
The recently published Economic Freedom of the World (EFW) annual report demonstrates that economic freedom produces prosperity, something South Africa urgently requires in abundance.…

Constitution errs in tipping the scales in favour of expropriation

02 Aug 19   Rex van Schalkwyk
The rule of law is the law of laws. Although the constitution gives explicit recognition to the rule of law, it has a separate authority that emphasises the primacy of individual liberty, as well as the right to private property.…

How government creates a problem and fixes it at taxpayers’ expense

26 Jul 19   Martin van Staden
We’ve seen it many times: government introduces a tax or regulation which has undesirable consequences.…

If our salvation depends on personalities, we are in trouble

10 Jul 19   Martin van Staden
By hanging the fate of South Africa on the shoulders of people like Cyril Ramaphosa and Busisiwe Mkhwebane, we are setting ourselves up for failure.…

Nationalising the profession, controlling how lawyers think: This is troubling

05 Jul 19   Martin van Staden
There are two troubling recent developments in the legal community that stand to undermine the rule of law and the strength of civil society.…

State’s undermining of Rule of Law in private security regulation puts safety at risk

06 Mar 19   Gary Moore
The Constitutional Court has declared that there is a disturbing dark side to the often-stated miracle of South Africa’s constitutional democracy:…