HSF briefs

Helen Suzman Foundation | Apr 08, 2015
Sexual Assault - Part 2: Sexual Harassment in the Workplace
Apr 18, 2019
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Lee-Anne Germanos

According to legislation, employers have a positive legal duty to ensure that the workplace is free from unfair discrimination. What the legislature and disciplinary bodies alike do not take into consideration are the delicacies of the power differentials between men and women (not only as between superiors and subordinates) in the workplace and the trauma suffered by the victims of sexual harassment. Until there is an understanding of these inherent power dynamics that exist in the workplace, sexual misconduct will continue to persist in that space.

Sexual Assault - Part 1: Sexual Offences in the Criminal Justice System
Apr 18, 2019
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Lee-Anne Germanos

Crimes of a sexual nature, the world over, are prosecuted distinct from any other form of crime. The burden of proof in sexual offence cases is more stringent (although it is not permitted to be). The tests and defences used are subjective as opposed to objective – as with all other crimes. Unlike other crimes, commissions of sexual offences, it can be argued, are skewed predominantly against women and children. They are also the only crimes in which the victim’s behaviour is the focal point, as opposed to that of the accused.

The Traditional Courts Bill - a problematic piece of legislation
Apr 09, 2019
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Anton van Dalsen

This brief provides a summary of the Traditional Courts Bill, which was approved by the National Assembly on 12 March 2019. It discusses the place of customary law in South Africa and points out that this Bill leads to various problematic legal issues, against the background of a questionable political agenda.

A commentary on the National Health Summit 2018 report
Mar 26, 2019
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PJ Hamilton

In October 2018, the inaugural Presidential Health Summit took place. The Summit sought to invite key stakeholders to deliberate on the issues causing our health system to fail. With the release of the Presidential Health Summit Report 2019, the drafters of the report came to a number of conclusions and recommendations which require comment.

The 2019 Election
Mar 25, 2019
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Charles Simkins

The Helen Suzman Foundation is a non-partisan organization seeking to promote constitutional democracy. This means that we shall not comment on party political policies or election activities.

The Election Timetable
Mar 07, 2019
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Charles Simkins

The Electoral Commission published the election timetable on 28 February. This brief sets out its main features and makes some suggestions.