ARTICLES RELATING TO CONSTITUTION

Ralph Mathekga: Will populism take down democracy?

2019-09-17 08:19

Will populist political projects eventually lead to the collapse of democracy? The answer is complicated, but there is a second option, writes Ralph Mathekga.

As political lawfare burgeons, what does it mean for SA's fledgling democracy?

2019-07-27 08:00

How has the most recent judgment concerning Advocate Busisiwe Mkhwebane, affected this vital cog in the democratic framework, asks Hugh Corder.

Solly Moeng: It's Ramaphosa's time, and we should stand behind him

2019-05-29 06:02

Few men and women in South African politics have had as many false starts as President Cyril Ramaphosa has, but he'll be writing his chapter in history now, says Solly Moeng.

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.

 

On constitutions, commissions and self-conscious nerds

2019-08-04 07:15

For an outsider who is lucky enough to live and work in South Africa, it is fascinating to see how the rule of law has taken centre stage in so many recent political issues – without this always being explicit, writes Martin Schäfer.

On Putin, the end of liberalism and the dangerous figures in SA's democracy

2019-07-25 16:40

South Africa's expansive social welfare system is an essential buffer for all those millions of people who do not benefit from the neo-liberal aspects of government policy. But more needs to be done, writes Christi van der Westhuizen.

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.

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