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HSF Briefs

The Public Protector Impeachment Process: How The Enquiry Resumes
Author: Jos Venter
Published: 04 Mar 2022
This brief examines the judgement of the Constitutional Court on the constitutionality of the rules adopted by the National Assembly for the removal of heads and commissioners of Chapter 9 institutions, the effect thereof on the current impeachment process of the Public Protector and it indicates what may be expected going forward.
Promoting Constitutional Democracy Politics Governance Securing Accountability Briefs Strengthening the Judicial System Building Democratic Institutions Upholding the Rule of Law Fighting Corruption
Why the Government is proposing Electoral Reform now and why the proposal is inadequate
Author: Charles Simkins
Published: 22 Feb 2022
This brief has been written to accompany the Helen Suzman Foundation’s submission to the National Assembly’s Home Affairs Portfolio Committee on the Electoral Amendment Bill. The purpose of this brief is to compare the electoral system we have had until now with the system that the Bill intends to introduce, as well as the mixed-member proportional (MMP) system we propose as an alternative.
Briefs Facilitating Public Participation Promoting Constitutional Democracy Protecting Human Rights Fostering Deliberative Reasoned Decision Making Elections Securing Accountability
Who decides on Vaccine Mandates?
Author: Christopher Fisher
Published: 07 Feb 2022
This brief reviews the decision of the Supreme Court of the United States of America in National Federation of Independent Business et al v Department of Labour, OSHA and argues that it is able to usefully inform debates about vaccine / testing mandates in South Africa.
Briefs Social Justice Protecting Human Rights Social Justice Transformation Politics Governance Health
On The Importance Of Thinking Clearly About The Labour Market
Author: Charles Simkins
Published: 21 Jan 2022
This brief is a companion to the Helen Suzman Foundation’s submission to the Department of Labour on the Report of the National Minimum Wage Commission on the Review and Adjustment of the National Minimum Wage for 2022. The analysis here amplifies the argument the Foundation made in its submission.
Economy Briefs
The Harm In Qwelane
Author: Zeenat Emmamally
Published: 07 Dec 2021
This is the second brief dealing with the Constitutional Court’s decision in Qwelane v South African Human Rights Commission. This brief considers the issues that arise from the Court’s interpretation of the word “harm” in the Promotion of Equality and Prevention of Unfair Discrimination Act.
Briefs Public Interest Justice
Hurtful, Harmful, Hateful: Heeding Qwelane
Author: Zeenat Emmamally
Published: 07 Dec 2021
This is the first of three briefs on hate speech law and it sets out the findings in the judgment of teh Constitutional Court in Qwelane v South African Human Rights Commission, wherein the Court interrogated the hate speech provision in the Promotion of Equality and Prevention of Unfair Discrimination Act.
Briefs Public Interest Justice