ARTICLES RELATING TO CONSTITUTION

Lawfare: Why blaming the Constitution for SA's problems is not the answer

2019-04-16 10:09

In addition to the consequences of the deepening phenomenon of lawfare, another set of challenges to the constitutional project has emerged, namely the fact the Constitution itself has become an object of criticism.

Judgment against Dutch Reformed Church raises tricky legal questions

2019-03-15 09:15

A court order that protects members of the LGBT community is obviously to be welcomed. But the recent judgment against the Dutch Reformed Church is not without its own incoherencies, writes Serjeant at the Bar.

Electoral Act not in line with Constitution - lawyer for independent candidates

2019-03-08 04:54

The Electoral Act is not in line with the Constitution as it does not allow individuals to stand for elections without being part of a political party, the Western Cape High Court has heard.

Land reform gets R10bn as ANC punts expropriation

2019-02-20 14:41

Budget 2019 allocates R10.4bn to the Department of Rural Development and Land Reform to bolster its capacity to expedite the land restitution process.

Expropriation Bill: Striking a balance in land reform

2019-02-03 06:00

The new Expropriation Bill is a reasonable piece of legislation, that needs to now be applied in a tumultuous environment. The question is always how effective a law can be, when politics are messy.

How a Nazi legal theory is threatening constitutional democracy today

2019-01-18 09:18

The recent revival of a theory that asserts that only the leader can claim to know when the State is threatened and needs an exceptional decision, poses a threat to countries world wide, writes Serjeant at the Bar.

New Expropriation Bill will end a year of needless turmoil around land

2018-12-11 08:31

The ANC allowed a whole year of destabilisation of the agricultural sector and undermining of Brand SA purely because it didn't want to be seen to be outdone by the EFF, writes Max du Preez.

SA's Constitution embodies the Universal Declaration of Human Rights

2018-12-10 20:00

As we commemorate Human Rights Day, our pledge and commitment should be premised on the pursuit to make rights practically realisable for all peoples, writes Ndivhuwo Mabaya.

SA, German cooperation part of shaping globalisation more fairly - German Federal president

2018-11-19 20:14

Without multilateral cooperation it will not be possible to master the major global challenges, German Federal President Frank-Walter Steinmeier said during a visit to the Apartheid Museum in Johannesburg.

Land: Does the will of the majority trump the spirit of the Constitution?

2018-11-19 09:04

The main problem that arises in the current expropriation matter is that there are those who believe that the will of the majority at any point in time trumps the Constitution, writes Ralph Mathekga.

 

Are election candidates fit to hold office?

2019-03-19 05:00

Respect for Parliament is heavily dependent on the integrity of its membership. We therefor need MPs who are fully committed to uphold the law and the Constitution, writes Lawson Naidoo.

System that allows Dlamini, Mokonyane, Zwane to become MPs is flawed

2019-03-14 10:48

Strictly speaking, there is nothing in the Constitution that prevents controversial ANC MPs like Bathabile Dlamini from being elected to Parliament. This is a problem, writes Mpumelelo Mkhabela.

Lessons on land from John Kani

2019-02-24 06:00

This conversation about land reform is polarising, emotional and damn difficult, because we are, in fact, having two conversations conflated in one. And both are not very well facilitated, writes Elmien du Plessis.

Thoko Didiza appointed chair of land expropriation committee

2019-02-12 20:00

The formal process of amending the Constitution to allow land expropriation without compensation started on Tuesday with the election of ANC MP Thoko Didiza as chairperson of Parliament's ad-hoc committee.

The 7 factors that will shape SA's economy in 2030

2019-02-01 13:18

There are seven factors which will shape the SA economy 10 years from now, says Professor André Roux of Stellenbosch Business School.

Curbing hate speech without limiting the right to speak

2018-12-14 09:09

A toxic political discourse fuelled by the exploitation of social media needs to curbed but it must be done without curbing the oxygen of democracy: the right to speak, writes Serjeant at the Bar.

Contestation should be over parameters not the instrument of expropriation without compensation

2018-12-11 06:01

From a pragmatic sense, including a provision for expropriation without compensation in Section 25 should be "harmless" if the spirit of the section is kept as it is currently, writes Ongama Mtimka.

Remembering Mandela's version of liberalism - inclusive and diverse

2018-12-05 07:34

South Africans will have to reimagine the possibility of community if they want to live together peacefully in this country, writes Amanda Gouws.

Blowing South Africans' one chance to warn against a constitutional amendment on land

2018-11-19 09:44

Depending on the scale of expropriation without compensation, the economic impact could be disastrous, writes Anthea Jeffery.

Banking association urges protection of property rights in expropriation move

2018-11-15 20:56

The Banking Association of South Africa has urged government to protect property rights as Parliament adopted the report recommending the Constitution be amended to allow for expropriation without compensation.

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