Tag: South African Constitution

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 Rule of Law principle at the heart of South Africa’s constitutional dispensation is there to prohibit arbitrariness from government and demand reasonableness. Government’s plans to bring about expropriation without compensation (EWC), especially as a constitutional amendment, is a good case study of that very arbitrariness our legal system has been set up to combat.

Over the years, and particularly since the dawning of the Constitutional era, litigants have tried to rely on the principals of fairness and public policy to justify departure from certain contractual obligations.

Managing the gender transitioning of an employee is a complex process and could easily go wrong among traditional mindsets in the workplace. CRS discusses what companies can do to create a more inclusive work environment.

With these words, in front of a crowd of thousands, which included, former and current heads of state and other dignitaries, President Cyril Ramaphosa took the oath of office as president of South Africa, “I, Matamela Cyril Ramaphosa, swear that I will be faithful to the Republic of South Africa and will obey, observe, uphold and maintain the Constitution and all laws of the Republic.”

The government has made provision for both basic education, and further education, in the South African Constitution. Section 29 (1) states, “Everyone has the right to- a) basic education, including adult basic education; and b) further education, which the state, through reasonable measures, must make progressively available and accessible.”

Before the introduction of the South African Constitution of the Republic of South Africa, women had no formal recognition as equal citizens. As shocking as that may sound, only in 1996, did the bill of rights rectify this.

Have members of the ruling party committed treason through bringing about the energy crisis? Whilst treason is broadly defined as ‘the crime of betraying one’s country’, what constitutes treason differs from country to country.

The Association of Mineworkers and Construction Union (Amcu) has challenged the inclusivity of the Section 189(1) provisions of the Labour Relations Act, arguing retrenchments are so important that everyone needs to be consulted individually. But in our view, Section 189(1) is the most practical solution and in line with the principle of majoritarianism that runs throughout SA law.

What are democracies meant to do? And how does one know when one is a democratic state?’ These incisive questions and more by leading political scientist, Steven Friedman, underlie this robust enquiry into what democracy means for South Africa post 1994.