Tag: ConstitutionalLaw
Tobacco Bill – are committee powers unconstitutional?
In May 2018, the Minister of Health published a draft Control of Tobacco Products and Electronic Delivery Systems Bill[1] in the Government Gazette[2] and invited interested persons to submit comments and representations on the draft Bill.[3]
Expropriation Act – why is the FMF challenging it?
Through its Rule of Law Project, the Free Market Foundation (FMF) participated as an amicus curiae (friend of the court). The constitutional challenge to the Expropriation Act ran from 3 to 7 August in the Western Cape High Court. AfriForum, IRR Legal and the Vaderland Stigting principally brought the substantive challenge. Meanwhile, the DA made a primarily procedural case. The FMF appeared alongside other civil society organisations participating in the proceedings.
FICA regulatory overreach – court constrains bureaucratic power
The Financial Intelligence Centre’s attempt to impose retrospective penalties for a period extending fully five years prior to the existence of any lawful authority is not merely misguided, it is a brazen affront to the rule of law.
The rules of cannabis – feeling green at work?
Whether you are a business owner or responsible for Human Resources (HR), the issue of cannabis use among employees will likely arise at some point. According to research released by the United Nations in 2020, about 3% of the South African population reported Cannabis use. That equals roughly 2 million people.
Online protection – platforms are the problem, not children
Australia’s decision to ban children under 16 from social media, with Denmark eyeing similar measures for under-15s, has reignited a global debate about children, technology and harm. The political appeal is obvious: draw a clear line, claim protection and move on. But from a South African legal and policy perspective, this approach is both insufficient and misdirected. It treats children as the problem, rather than the digital systems that systematically fail them.
Business Licensing Bill – submit your comments by 28 November
The current Businesses Act 1991 requires a business licence to carry on essentially only two categories of business. The Act repealed prior licensing laws that had required many more types of business to be licensed. At the time, the Free Market Foundation through its Law Review Project helped persuade the government to repeal those prior licensing laws and introduce the light-touch 1991 Act.
