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What real structural reform looks like

06 May 20   Martin van Staden
What real structural reform looks like…

Die COVID-19-afsondering: juridies en prakties gedoem

14 Apr 20   Martin van Staden
Die COVID-19-afsondering: juridies en prakties gedoem…

Comply with the lockdown, but don’t judge those who don’t

08 Apr 20   Martin van Staden
Comply with the lockdown, but don’t judge those who don’t…

Right now it is overkill to require network providers to infringe our right to privacy

06 Apr 20   Martin van Staden
Right now it is overkill to require network providers to infringe our right to privacy…

Beware the constitutional void during the lockdown

30 Mar 20   Martin van Staden
Beware the constitutional void during the lockdown…

We can ill afford to play fast and loose with civil liberties

25 Mar 20   Martin van Staden
These regulations represent significant infringements of South Africans’ constitutional rights and civil liberties.…

How legislation could hamper the response to coronavirus

18 Mar 20   Martin van Staden
The coronavirus is spreading around the world at an increasing rate. Of no surprise to some of us, and a cause for considerable concern today, is that the South African government sowed a seed of disaster some years back.…

Why feminists should embrace economic freedom

12 Mar 20   Martin van Staden
Sunday, 8 March, was International Women’s Day. A few days earlier Canada’s Fraser Institute published its Women and Progress 2020 report, which confirms that greater economic freedom – freer markets, less regulation, personal liberty, and strict Sta…

Land expropriation in SA: A warning ignored, a society crumbling

11 Mar 20   Martin van Staden
South African history demonstrates how bad a teacher history is.…

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

12 Feb 20   Martin van Staden
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   Martin van Staden
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.…