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

 06 Mar 19
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
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.…

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…

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.…

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,…