Tag: South African Constitution

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.

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?

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.

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 (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.

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.

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.

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.

Every employer has a right to privacy and as such employees should tread carefully when recording business-related activities, as they could find themselves in breach of confidentiality owed to their employer. While the law provides some leeway for employers to record the conversations and activities of employees, whilst they are engaged in business related activities, and use such recordings against them, as long as it is 'in the interests of justice to do so', employees have a lot less space to manoeuvre when recording the activities of their employers

At a time when South Africa’s economy is flatlining and Eskom is failing, Government has proposed an amendment to the Bill of Rights, which will allow it to confiscate people’s homes without compensation.