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‘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.…

The worrying escalation of land expropriation without compensation

 07 Feb 20
Giving the executive, rather than the courts, the power to decide when seizing property without paying for it is fair does not serve the quest for human dignity, liberty and prosperity; instead it destroys it.…

Proposed NHI throws constitutional caution to the wind

02 Dec 19   Martin van Staden
Manifested primarily in the 2019 National Health Insurance Bill and the 2017 National Health Insurance (NHI) White Paper, the NHI, by relegating medical scheme coverage to “complementary cover”, is infringing on South Africans’ right to access health…

Expropriation amendment harkens back to apartheid legal thinking

21 Oct 19   Martin van Staden
South Africans are overwhelmingly focused on the Zondo commission of inquiry into allegations of corruption during the scandalous presidency of Jacob Zuma.…

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.…

The unreasonableness of expropriation without compensation

02 Oct 19   Martin van Staden
The Rule of Law principle at the heart of South Africa’s constitutional dispensation is there to prohibit arbitrariness from government and demand reasonableness.…

We need to stop listening to the trade unions

13 Sep 19   Martin van Staden
Trade unions serve an important role in a free and economically prosperous society.…

Freer markets generate prosperity, especially for the poor

16 Aug 19   Martin van Staden
Amid rising unemployment, the Congress of South African Trade Unions has called on the government to amend the Labour Relations Act to make it more difficult for employers to retrench workers.…

Resist the ‘healthpas’ threat to our constitutional rights

15 Aug 19   Martin van Staden
When seeking care from a hospital or doctor, patients will now be required to present their proof of registration with the National Health Insurance (NHI) Fund to access healthcare services.…

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.…

Ideologie bedreig ons grondwetlike legitimiteit

31 May 19   Martin van Staden
Daar is diegene in ons sameleweing wat die Grondwet kritiseer as fundamenteel gebrekkig,…

Prohibiting prostitution is unconstitutional

17 Apr 19   Martin van Staden
President Cyril Ramaphosa recently announced that sex work might soon be decriminalised.…

Cut spending and corruption, or get used to tax shortfalls

08 Apr 19   Martin van Staden
The South African Revenue Service is again moaning about its latest shortfall in tax collection. It collected R1.28 trillion instead of the projected R1.3 trillion – a difference of about R20 billion.…

Is there anything to celebrate this Human Rights Day?

02 Apr 19   Martin van Staden
What, exactly, are we celebrating on Human Rights Day this year?…

It would be deplorable to rush the expropriation amendment

08 Mar 19   Martin van Staden
The parliamentary ad hoc committee on amending the Constitution to provide for expropriation without compensation said it intended to speed up the process and settle the matter by the time of the May 8 general election.…