News Articles
Current Articles
Tag: rule of law

Clear Tag


Sort Date Author Title

If our salvation depends on personalities, we are in trouble

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

Finance bill delegates huge legislative power to unelected people

07 May 19   Gary Moore
The Treasury wants parliament to give up large swathes of its lawmaking power in favour of a handful of unelected appointees.…

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:…

The Rule of Law and moving SA forward

19 Feb 19   Matthew South
The Rule of Law is one of the ideals of our political morality. It refers to the ascendancy of law as such and of the institutions of law in a system of governance.…

When it comes to making laws quality over quantity is preferable

04 Feb 19   Martin van Staden
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   Martin van Staden
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.…

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

05 Dec 18   Gary Moore
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,…