HSF briefs

Helen Suzman Foundation | Apr 08, 2015
THE SOCIOLOGY OF ROMANTICISM
Jan 12, 2016
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Charles Simkins

Charles Simkins explores the Sociology of Romanticism in the context of Ferial Haffajee's book "What if there were no whites in South Africa?".

Six Lessons From Stalingrad
Dec 15, 2015
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Charles Simkins

This Brief looks at the turning point in Nazi Germany's Eastern Offensive. It identifies six principles that underwrote Hitler's humiliating defeat, and which remain relevant today.

A critical analysis of the Traditional and Khoi-San Leadership Bill, 2015: III – Authoritarian, anti-democratic and unconstitutional
Dec 08, 2015
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Matthew Kruger

In the first of this three-part series, Matthew Kruger analysed aspects of the democratic foundations of the Constitution and argued that the source and formation of customary law is essentially democratic in nature. In the second brief, Chris Pieters provided a summary of some of the existing legal framework regulating traditional rule, as well as the attitude of the ANC to this form of rule. The third and final brief offers insight into the constitutionality of aspects of the Bill’s structure and content.

A critical analysis of the Traditional and Khoi-San Leadership Bill, 2015: II – The current regulation of traditional leadership
Dec 08, 2015
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Chris Pieters

In the first of this series of briefs, Matthew Kruger analysed the democratic foundations of the Constitution and explained that the nature of the source and formation of customary law is essentially democratic. This second brief is a short summary of some of the existing legal regulations of traditional rule, as well as the ANC’s attitude towards this form of rule. The third and final brief will offer some insight into the constitutionality of aspects of the Bill’s structure and content.

A critical analysis of the Traditional and Khoi-San Leadership Bill, 2015: I - The Constitution, democracy and customary law
Dec 08, 2015
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Matthew Kruger

This is a series of three briefs that critically analyses aspects of the Traditional and Khoi-San Leadership Bill, 2015. The first brief, written by Matthew Kruger, outlines some important features of the nature of South Africa’s constitutional democratic state that are relevant to the Bill. The second brief, written by Chris Pieters, provides a short summary of some of the existing regulation of traditional rule, as well as the ANC's attitude to this form of rule. The third brief, written by Matthew Kruger, argues that the Bill is in certain respects unconstitutional, in that its structure and content are inconsistent with the democratic foundations and values of the Constitution. The issues that we consider are broad and complex. As such, the various arguments made and conclusions reached in these short briefs are neither final nor complete. We hope, rather, that they contribute to an existing discussion around a Bill that we think is constitutionally unacceptable.