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HSF Briefs

The Lockdown Is Unconstitutional - Part III
Author: Matthew Kruger
Published: 08 May 2020
The series concludes by arguing that the purpose for and process by which the powers under the Disaster Act have been exercised are unlawful and irrational, for they are structured by a near-total, comprehensive failure by government to understand what the Constitution is all about.
Briefs Governance Covid-19 Constitution
The Lockdown Is Unconstitutional - Part II
Author: Matthew Kruger
Published: 08 May 2020
The Disaster Management Act is the legislation through which the Minister has effected the current lockdown. In this brief, the purpose and limits of the powers afforded to the executive by the Disaster Act are considered, and it is explained that despite their exceptional nature, these powers must be interpreted and exercised consistently with the transformative vision articulated in the first brief.
Briefs Governance Covid-19 Constitution
The Lockdown Is Unconstitutional - Part I
Author: Matthew Kruger
Published: 08 May 2020
Matthew Kruger argues that the purpose and process by which Minister Nkosazana Dlamini Zuma has locked South Africa down is unconstitutional. In this first brief, it is explained that the state, in all that it does, has a constitutional duty to respect, protect, promote and fulfill the transformative vision that suffuses the whole constitutional order.
Briefs Governance Covid-19 Constitution
Economic Prospects: Some Observations
Author: Charles Simkins
Published: 04 May 2020
This brief offers four observations on the prospects for the South African economy.
Economy Covid-19 Governance Briefs