HSF briefs

Sexual Assault - Part 2: Sexual Harassment in the Workplace

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

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

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.

South Africa’s Community Education and Training Colleges

In this brief, Charles Simkins examines the state of community education and training colleges (CETCs) and their plans for development.

A commentary on the National Health Summit 2018 report

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

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

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

The National Assembly’s Ad Hoc Committee To Amend Section 25 Of The Constitution

On 4 December 2018, the National Assembly voted to accept the report of the Constitutional Review Committee which recommended a change to Section 25 of the Constitution in respect of the expropriation of land without compensation.