HSF Briefs

Helen Suzman Foundation | Apr 08, 2015
Sorted by date
Ignorance of the law is no excuse: A beginner’s guide…
Nov 21, 2014
|
Chris Pieters

One consequence of the recent litigation engaged in by the HSF – involving the independence of the Hawks as well as the processes adopted in the appointment of judicial candidates – relates to a range of inquiries concerning the legal system and its processes. This Brief seeks to elucidate the legal processes that are followed.

THE DEPUTY PRESIDENT AND THE MINIMUM WAGE
Nov 10, 2014
|
Charles Simkins

The minimum wage issue has been rumbling for some time. The Parliamentary Labour Committee has started hearings on the topic. Business Day reported on 5 November that the Deputy President will chair a committee on the issue which will include six Cabinet Ministers, among them the ministers of labour, economic development and finance. NEDLAC has been given the task of producing a report on the technical aspects of its introduction by July next year.

Plus ça Change, Plus c’est la Même Chose…?
Oct 13, 2014
|
Chris Pieters

A considered view into the rights of persons in the context of South African common law over the last century, with emphasis placed on women's rights under the various systems.

The Case for Retaining the Cutoff Date for Land Restitution Claims (Section 25 (7) of the Constitution)
Oct 07, 2014
|
Charles Simkins

Section 25 (7) of the Constitution established the right of individuals and communities who were deprived of property after 19 June 1913, as a result of past racial laws, to either restitution of their property or equitable redress. It is now being debated whether the cutoff date is appropriate or whether it was a compromise made in 1994 which should now be rescinded if sufficient support can be found in Parliament. At present, the ANC would need the co-operation of other parties to muster two thirds of the votes necessary for a constitutional amendment. The EFF has already promised to make its supporters available for such a move.

Just who is undermining Parliament?
Sep 30, 2014
|
Charles Simkins

"[T]he NEC noted the extent to which Parliamentary processes have descended into chaos and the unruly offensive on the ANC in Parliament, Parliament itself and on democracy in our country. Hooliganism and insult are at unprecedented levels and are unfortunately being defined as a tool of engagement. The decorum and dignity of Parliament as an institution is being dragged through the mud under the cover of the right to be robust." - Statement of the ANC National Executive Committee following meeting held 21-29 September 2014

Let a Hundred Black Industrialists Bloom
Sep 23, 2014
|
Charles Simkins

For some time now, the creation of a hundred black industrialists has been on the government’s agenda. It was discussed at the National Broad Based Black Economic Empowerment Summit in October 2013. Last month, the Deputy Minister of Trade Industry, Mzwandile Masina, announced that it was to be done in the next three years.

The Public Protector - a Jewel in South Africa's Constitutional Crown
Sep 17, 2014
|
Chris Pieters

The Office of the Public Protector is not beyond review or criticism. But there is an important line that needs to be drawn beyond which criticism can degenerate into abuse whether of the incumbent or the office. This brief seeks to elucidate that very line.