HSF briefs

The Public Protector, The Committee And The Courts – What To Do With The Judicial Findings?

This brief explores the constitutional role of the Section 194 Committee tasked with establishing whether Public Protector Adv Busisiwe Mkhwebane has committed misconduct or is incompetent to hold office. It argues that in the course of carrying out its work, the Committee has no power to second guess judicial findings.

The Big Questions About South African Income Inequality

This brief contains highlights from a discussion with HSF research fellow, Prof. Alex van den Heever regarding the implementation of basic income support in South Africa.

The Public Protector Impeachment Process: How The Enquiry Resumes

This brief examines the judgement of the Constitutional Court on the constitutionality of the rules adopted by the National Assembly for the removal of heads and commissioners of Chapter 9 institutions, the effect thereof on the current impeachment process of the Public Protector and it indicates what may be expected going forward.

Why the Government is proposing Electoral Reform now and why the proposal is inadequate

This brief has been written to accompany the Helen Suzman Foundation’s submission to the National Assembly’s Home Affairs Portfolio Committee on the Electoral Amendment Bill. The purpose of this brief is to compare the electoral system we have had until now with the system that the Bill intends to introduce, as well as the mixed-member proportional (MMP) system we propose as an alternative.

Who decides on Vaccine Mandates?

This brief reviews the decision of the Supreme Court of the United States of America in National Federation of Independent Business et al v Department of Labour, OSHA and argues that it is able to usefully inform debates about vaccine / testing mandates in South Africa.

On The Importance Of Thinking Clearly About The Labour Market

This brief is a companion to the Helen Suzman Foundation’s submission to the Department of Labour on the Report of the National Minimum Wage Commission on the Review and Adjustment of the National Minimum Wage for 2022. The analysis here amplifies the argument the Foundation made in its submission.

The UNISA v Afriforum case is a victory for the development of languages in tertiary education

This brief follows the brief titled “Away from colonialism or not? The Constitutional Court is to decide an important Unisa v Afriforum case on language policy at University level in terms of section 29(2) of the Constitution”.

New criminal intent in hate speech law: the Prevention and Combating of Hate Crimes and Hate Speech Bill in relation to the CC judgment in Qwelane v SAHRC

This is the third brief on hate speech law and it considers components of the Prevention and Combating of Hate Crimes and Hate Speech Bill (“the Hate Speech Bill”). We also explore the relationship of the Bill and the case of Qwelane v SAHRC (Qwelane).