Tag: constitution

In January 2023, I will be joining one of South Africa’s leading think tanks, the Free Market Foundation (FMF), as its new Chief Executive. It will be an honour to serve an organisation that has promoted a market economy, the rule of law, and individual rights for nearly half a century. My appointment has led me to reflect on what think tanks are for, and their rapidly changing role in the policy - and political - landscape in South Africa.

Read our exclusive cover story titled WHO WILL WATCH THE WATCHMEN? - THE RELEVANCE & ROLE OF THINK TANKS by David Ansara, Chief Executive (Designate), Free Market Foundation, as well a host of other topical management articles written by professionals, consultants and academics in the December/January 2022/23 edition.

Historical land dispossession has handicapped South Africa’s economic development, particularly of small businesses and small-scale agriculture. This, combined with continued restrictions on subdivision, lack of secure title, and threats to constitutional property rights, impede rapid land reform and economic growth.

One of the arrogances of 'Western' nations is that our way of life and our liberties are protected by periodic elections as required by constitutions, written (America) or not (Great Britain), containing bills of rights, etc. The people rule, it is claimed, and we get exactly what we want, even if those in the minority are unhappy with the result. Minorities can always become tomorrow’s majority and institute alternative policies. Therefore, Western nations really cannot get into too much trouble, since everyone wants peace, freedom, and prosperity, even if we disagree on the proper route to take to get there.

For millennia the dominant thinking throughout human society was, ‘force over voluntary interactions.’ Regardless of the country, the adage of ‘might makes right’ was the guiding rule upon which people interacted with each other.

Section 25 of the Constitution of the Republic of South Africa is constantly under attack. Coming off a vote in parliament where its proposed amendment failed. The section specifically is under attack again. The Constitution in general was critiqued by the Minister of Tourism, Lindiwe Sisulu. Yet, property rights specifically are singled out, citing Professor Ramose who called it (s25) the ‘longest clause’. The right to private title, is attacked as being representative of colonialism. Is this true?

Read our exclusive cover story titled THE RULE OF LAW & THE WISDOM OF THE AGES by Chris Hattingh, Deputy Head of Campaigns, South African Institute of Race Relations, as well a host of other topical management articles written by professionals, consultants and academics in the February/March 2022 edition of BusinessBrief.

Many of us would like to put money aside for saving and investing but struggle to remain committed and disciplined each month. Being part of a savings club is a great way to reach your financial goals. Saving can be difficult on your own, but South Africans have always been creative when it comes to solving problems. To help us get into the habit of regular saving, over 11.5 million of us have joined savings clubs and stokvels.

President Cyril Ramaphosa recently announced that sex work might soon be decriminalised. If true, it will mark the end of an era that will be remembered as a stain on our constitutional democracy. The right to be a sex worker is guaranteed in the Constitution, and the hereinto prohibition thereof has been the result of errant jurisprudence rather than a respect for the Rule of Law.

The law is supposed to fulfil two important functions in society: protecting people’s persons and property, and conflict avoidance. When the law steps outside of these functions, the law itself becomes a source of conflict, as we have seen throughout history, especially in contemporary South African history.