Tag: rule of law

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.

The trade union federation Cosatu recently called for tax increases, particularly on the wealthy, to arrest South Africa’s economic down spiral. But economist Arthur B Laffer, known for popularising the Laffer curve, shows us that beyond a certain point, tax revenue will decline as tax rates increase.

The strength of the Rule of Law in a country ranks among the top three considerations when multinationals make decisions about where to locate foreign direct investment – above considerations such as the cost of doing business and access to national and regional markets. 

Legislation which governs hate speech must be interpreted in line with the constitutional right to freedom of expression, and anyone who is accused, or who accuses others, of hate speech, must be treated equally without regard to their inborn characteristics.

An essential component of the rule of law is the existence of impartial courts where disputes are resolved fairly without favouritism to one of the parties. This is important for the economic welfare of individuals in a country because no modern economy can survive without individual property rights or contracts.

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.

What can we do to stop the bleeding? According to SARS data, the number of companies in the financial and business services sector dropped from 222,532 in 2007 to 139,664 in 2016 - a loss of more than 80,000 firms in 10 years.

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. 

The Constitutional Court has declared that there is a disturbing dark side to the often-stated miracle of South Africa’s constitutional democracy: The country is plagued by crime, often viciously violent, sometimes sophisticated and organised, often ridiculously random, but always audacious and contemptuous of the values enshrined in the Constitution.

Following from the October/November 2018 cover story of BusinessBrief - Politics and Unions: Is workplace disruption for political gain criminal? and the footnote contained in the article, the Labour Court gave a detailed judgement on the issue.