HSF briefs

Helen Suzman Foundation | Apr 08, 2015
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being debated whether the cutoff date is appropriate or whether it was a compromise made in 1994 which should now be rescinded if sufficient support can be found in Parliament.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.

Barnard Case - a Missed Opportunity
Sep 17, 2014
|
Kameel Premhid

The recent judgment of the Constitutional Court (CC) in the matter of South African Police Service v Solidarity obo Barnard [2014] ZACC 23 is noteworthy, not for what the application managed to achieve but, rather, for what it failed to.

The SADC Tribunal's Disappointing Rebirth
Sep 09, 2014
|
Kameel Premhid

The adoption of the newest SADC Tribunal Protocol has sought to rebirth the Tribunal after a long gestation period where it underwent significant review. The latest manifestation indicates that the region’s efforts at taking the rule of law, and regional integration, seriously are nothing short of being stillborn

Understanding the Spy Tapes Saga
Sep 01, 2014
|
Kameel Premhid

The ruling by the Supreme Court of Appeal (SCA) that the ‘Spy Tapes’ are to be released to the Democratic Alliance (DA), is an important decision for the rule of law. This brief tracks the case’s history and explains what the next steps will be.