Tag: constitutional democracy

Three decades into our constitutional democracy, the remnants of our dark past continue to lurk in the layered echelons of our unequal society. In commemoration of Freedom Day, we are reminded that though blood was shed and sacrifices were made to attain this freedom, not all South Africans are privy to its gains. Many South Africans are politically free yet economically poor.

Written constitutions are meant to limit government scope and power. Bills of rights are meant to safeguard individual freedom from government overreach. This is as true in South Africa as it is anywhere else. Does the South African Constitution have a provision that allows government to ‘weasel’ its way out of strictly recognising and protecting our rights, or have we misconstrued section 36 entirely?

For us liberals, it matters little who makes a million dollars every other day, or how the world’s most endowed billionaires spend their wealth. As long as legitimate effort is exerted in an environment of free market competition; where entrepreneurship is recognised and rewarded on the basis of good business ethics and hard honest work.

Modern day states are characterised by an implicit admission that everyone who is living under them, consents to be governed by them. Yet when one looks at the world, in any society, there is always a large portion of people who not only disagree with authority but actively did not consent to it by voting differently or not at all. Are the views of these people not important because they represent a minority?

We oppose various recent government initiatives to prolong COVID-19 lockdown measures. All such measures must be scrapped and a return to the pre-March 2020 legal position must be expedited. South Africans have waited patiently for too long to see constitutional government and their civil liberties restored.

We have released a draft of South Africa’s first Compendium of Taxpayer Rights, Entitlements and Obligations, which informs taxpayers about their rights, entitlements and obligations concerning their tax affairs and engagements with the South African Revenue Service (SARS).

In July 2021, South Africa was ravaged by lootings and violent protests following the incarceration of former President Jacob Zuma. Reports suggest that as many as 117 people have been killed and hundreds of businesses were lost or destroyed as a result of the violence that erupted during demonstrations across the country.

A discussion about the early years of building South Africa’s Constitutional Court and what was required to establish its legitimacy and authority.

In 1998, the new democratic Constitution put in place was claimed to be the best in the world. It promised a better life for all. According to this new Constitution, it was necessary for parliament to pass a certain amount of legislation in order to complete the constitutional process.

South Africa’s flirtation with the idea that government should be allowed to expropriate private property without being legally required to compensate owners for it stands in stark contrast to the constitutional democracy we chose 26 years ago and is already doing great damage to the economy.