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Tag: The Rule of Law Project (RLP)

‘Monopolisation’ is misunderstood and freedom of contract infringed in sports rights...

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Proposed government interference in the pay TV market is a violation of the freedom of contract, which is not only critical in the commercial world, but a fundamental guarantee of individual and community autonomy from the dictates of third parties.

New or higher taxes won’t work, and could be unconstitutional

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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 unreasonableness of expropriation without compensation

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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.

Rule of Law Project in court to protect free expression, equality...

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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.

Resist the ‘healthpas’ threat to our constitutional rights

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When seeking care from a hospital or doctor, patients will now be required to present their proof of registration with the National Health Insurance (NHI) Fund to access healthcare services. Registration can be refused. Never before have South Africans’ constitutional right to access to healthcare been so brazenly threatened by a power-hungry government. Civil society must resist the proposed NHI scheme with all its might.

Our youth need a free future to flourish

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When young Americans grow up, rarely do you hear them being excited about going to study in Europe when they leave school. Why would they be? They have world-class universities and immense opportunities at home. It is not uncommon, however, to speak to young South Africans who are keen to leave this country either for extended periods or indefinitely.

Prohibiting prostitution is unconstitutional

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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.

UCT Council vote unlawful, discriminatory and violates academic freedom

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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. 

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