Dear friend of the FMF

This week’s Feature Article examines the extent to which the rule of law is adhered to in South Africa. The author, Martin van Staden, points out that all laws adopted in South Africa must be consistent with the rule of law as required by section 1 (c) of the constitution.  The requirement that all laws must be made by Parliament and that neither the executive nor the judiciary can legitimately make law is not being adhered to.  He provides various examples of the creation of quasi-law and calls for citizens to oppose this unconstitutional behaviour.

FEATURE article  

South Africa’s rule of quasi-law – 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. ‘Quasi-law’ is described by American professors Bruce Frohnen and George Carey in their book, Constitutional Morality and the Rise of Quasi-Law, as measures that carry the force of law, but lack the character of law. These quasi-laws “create rights and duties like laws but lack essential legal attributes such as promulgation through prescribed means and provision of predictable rules rather than mere delegation of discretionary power.”

SAVE the date  

Tuesday, April 25 EVENING EVENT –  Mark Oppenheimer – Is the state stoking racial tensions as a diversionary tactic? @ 17h45 @ FMF  – more info to follow

Wednesday, May 17 MEDIA BRIEFING – Leon Louw – Transformation via legislation vs transformation via growth @ 11h30 @ FMF  – more info to follow

May 24 & 25 2017 Africa Liberty Forum Sandton – more info to follow

June 6 Global Intellectual Property Centre roundtableJohannesburg – more info to follow

You can watch every event LIVE via the FMF’s Facebook page by clicking this link:

WORTH reading  

Municipality signs mou with Khaya Lam project for handing over of title deeds
Why secure land rights matter
Sweden moves to next stage with blockchain land registry
E-cigarettes will be legalised: Government

FMF in the media  

Business Day column Zuma: a terrorist to some, beyond reproach according to others
– Leon Louw, 5 April 2017

Media release The ICT Policy White Paper – pity DTPS included bad policies at the expense of good intentions
Media digest FEBRUARY 2017 for all media coverage

SOCIAL media  

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*New Patrick Bracher – Excluding the poor via healthcare demarcation regulations
*New Terry Markman, Leon Louw & Perry Feldman – Land reform without expropriation

Mike Settas – Healthcare demarcation regulations: Excluding the poor
Michael Settas & Patrick Bracher – Private healthcare on receiving end of toxic drip treatment…
Phumlani U Majozi – Introduction to the Rule of Law
Gareth Cliff – Internet access and free speech
Xola Ntshinga – Did you know telecoms policy is nationalisation and expropriation in disguise?
Xola Ntshinga – Did you know data prices in SA are not as high as #datamustfall asserts?
Xola Ntshinga – Did you know there are more cell phones in SA than people?
Rex van Schalkwyk – From ridicule to prison: Nowhere to hide from the Hate Speech Bill
Leon Louw & Dobek Pater – Telecoms policy will set back SA’s development by decades
Mark Oppenheimer – Free speech: A vanishing right

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