Tag: South African Constitution

There is a complex relationship between privacy and freedom of expression. Both rights are enshrined in the South African Constitution and are essential to a democratic society. The right to privacy safeguards personal autonomy by protecting individuals from undue intrusions into their private lives. Freedom of expression, on the other hand, promotes open debate and the sharing of information, which are vital for democracy.

The Democratic Alliance (DA) won control of the uMngeni Municipality in the KwaZulu-Natal Midlands after the local government elections in 2021. As the only DA-run municipality in KZN, uMngeni provides a template for how local government could work in a post-ANC South Africa.

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?

In the context of the proposed changes set out in the Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill (POCDATARA Bill) currently before parliament, if it is passed in its current form, this indeed may become the 'final straw that breaks the camel’s back', and all aspirations of holding the South African government to account for poor or no governance may come to an end.

The possibility that the Government’s insurer South African Special Risk Insurance Association (SASRIA) may not be able to meet its solvency capital requirements caused by the large claims arising from the riots, looting and destruction of last July is becoming a reality.

The South African Constitution envisages public participation in the formulation and adoption of public policy. Government claims to consult the public through the participation process, but recent events have confirmed that it effectively ignores public input and regards it with contempt.

In his annual presidential address on 8 January 1986, African National Congress (ANC) president Oliver Tambo called on South Africans to make apartheid ungovernable through militant action.

The passing of legislation is a complex process and often a lengthy one. There are many checks and balances before a Bill becomes an Act of Parliament. Each bill is debated in detail and, if necessary, amended. If there is much public interest in a bill, public hearings may be organised to allow interested parties to make written comments and sometimes make oral representations on the provisions of the Bill.

Although welcomed by South Africa, refugees and asylum seekers encounter a number of obstacles when they want to exercise their rights with regard to international law, the South African Constitution and refugee law. My doctoral study entailed a comprehensive analysis of the law and state practice on the integration of refugees in South Africa.

We strongly condemns the wanton destruction of the country’s key infrastructure, goods and property and the senseless loss of lives over the past week. We respect South Africa’s law and the Constitution, but it is time to take action. It is time for us to work together, make plans, implement those plans and ensure that our supply chains continue to operate.