Tag: Bill of Rights

The Economic Regulation of Transport Bill (B1-2020) published for public comment is problematic across three broad areas. It unnecessarily and unjustifiably expands the extent and potential scope of government interference in the transport sector; like much other legislation it vests executive officials, primarily here the Minister of Transport and the proposed Regulator, with discretionary powers that are not restrained by any objective guiding criteria; and it is clearly aimed at centralising governmental power away from civil society and independent institutions into the hands of the Department of Transport and its Minister. Also, it contains vague provisions that do not meet the requisite quality of legislative drafting.

In a strong rebuke of the Minister of Cooperative Governance and Traditional Affairs, and her Director-General, Judge Norman Davis in the Pretoria High Court on Tuesday, 02 June 2020, declared the regulations issued by the Minister in terms of Section 27(2) of the Disaster Management Act to be unconstitutional and invalid.

The lockdown has begun. Only movement deemed 'essential' is now allowed – a significant limitation if not suspension of our right to freedom of movement guaranteed in section 21 of the Constitution. This opens a can of worms that our constitutional democracy might be ill-equipped to deal with.

Every employer has a right to privacy and as such employees should tread carefully when recording business-related activities, as they could find themselves in breach of confidentiality owed to their employer. While the law provides some leeway for employers to record the conversations and activities of employees, whilst they are engaged in business related activities, and use such recordings against them, as long as it is 'in the interests of justice to do so', employees have a lot less space to manoeuvre when recording the activities of their employers

At a time when South Africa’s economy is flatlining and Eskom is failing, Government has proposed an amendment to the Bill of Rights, which will allow it to confiscate people’s homes without compensation.

In the recent case of NUMSA obo Nomanyane and another v Grupo Antolin (Pty) Ltd MICT28342, heard before the Metal Engineering Industry Bargaining Council (MEIBC), the Commissioner was tasked with determining whether a fixed-term contract of employment must be in writing or not.

Before the introduction of the South African Constitution of the Republic of South Africa, women had no formal recognition as equal citizens. As shocking as that may sound, only in 1996, did the bill of rights rectify this.

Have members of the ruling party committed treason through bringing about the energy crisis? Whilst treason is broadly defined as ‘the crime of betraying one’s country’, what constitutes treason differs from country to country.

On Saturday 30 March, University of Cape Town (UCT) council members will vote on a controversial motion to restrict interaction between UCT and any Israeli academic institution. If adopted, not only would this be unconstitutional, discriminatory and flout the doctrine of academic freedom, it would be unlawful for certain members to have voted if they have previously been involved in actions relating to a boycott of Israeli institutions. 

Given the current economic situation in the country characterised by low growth, more people are coming to appreciate the sound moral, philosophical, and economic underpinnings of a free market economy.