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STUDY | Refugees face challenges with processes and delays

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.

Law must prevail and key corridors protected – the time to...

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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.

Why did state capture happen?

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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.

Political freedom in the age of COVID-19 pandemic

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It is no secret that government leaders have access to increased power in light of COVID-19. Constitutional institutions such as parliament, which are supposed to provide oversight, have taken a backseat. The pandemic is unprecedented as it is not only a health issue, but also a socioeconomic and security threat. But at what cost does ‘securing the threat’ come?

The impact of a delayed COVID-19 vaccine programme on our constitutional...

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While there has been much anger and frustration over South Africa’s slow response in procuring and administering COVID-19 vaccines, it remains the government’s responsibility to protect its citizens from this pandemic, while upholding the rights of all South Africans enshrined by our constitution.

Why SA should reform indigenous common law for the modern era

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Any society that restricts the economic participation of half of its members is doomed to failure, and women make up roughly half of the population in any society. Regression studies reveal that equality before the law is second only to inflation in terms of its contribution to GDP per capita growth.

The Economic Regulation of Transport Bill should be abandoned

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The Economic Regulation of Transport Bill (B1-2020) published for public comment is problematic across three broad areas. It unnecessarily and unjustifiably expands the extent and potential scope of government interference in the transport sector; like much other legislation it vests executive officials, primarily here the Minister of Transport and the proposed Regulator, with discretionary powers that are not restrained by any objective guiding criteria; and it is clearly aimed at centralising governmental power away from civil society and independent institutions into the hands of the Department of Transport and its Minister. Also, it contains vague provisions that do not meet the requisite quality of legislative drafting.

Proposed amendment of PFMA deserves multi-partisan support

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Democratic Alliance Member of Parliament, Ghaleb Cachalia, who also serves as the party’s spokesman on public enterprises and serves on the Ethics Committee in Parliament, introduced the Public Finance Management Amendment Bill to the National Assembly.

Racialism in law is incompatible with the Rule of Law

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The Rule of Law was mostly absent during Apartheid when a system of parliamentary supremacy elevated the state's effectively absolute power above all else.

Beware the constitutional void during the lockdown

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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.

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