The justiciability of unenumerated constitutional rights is understandably controversial. Cases decided by the Supreme Court of the United States many decades ago such as Griswold v Connecticut and Roe v Wade remain contentious to this …
Letter from Legalite Author: Legalite Date: 17 February 2020 Because it is a fundamental principle of the Rule of Law that the law must be certain or, at least, that it must be determinable with …
2019 ANNUAL REPORT OF THE RULE OF LAW PROJECT FREE MARKET FOUNDATION (Abridged version) Contents MESSAGE FROM THE CHAIRMAN ACTIVITY REPORT MESSAGE FROM THE CHAIRMAN There are two related issues of government policy that arose …
Author: Gary Moore Date: 11 December 2019 The National Qualifications Framework Act, 2008[1] was amended in 2010 and 2012.[2] The Act will be amended further when a 2019 Amendment Act[3] comes into operation.[4] In issue …
Author: Martin van Staden Date: 11 December 2019 The nature of constitutionalism lies in its checks and balances – limitations – on government power. Prior to the advent of constitutionalism, governments, in the form of …
Author: Martin van Staden Date: 25 November 2019 INTRODUCTION The Traditional Courts Bill, 2017, is intended to fill the void left by those provisions of the Apartheid-era Black Administration Act that empowered traditional leaders to adjudicate disputes …
FOR IMMEDIATE RELEASE 16 September 2019 Press release Rule of Law Project in court to protect free expression, equality at law Legislation which governs hate speech must be interpreted in line with the constitutional right …
Author: Gary Moore Date: 11 July 2019 The Pension Funds Act, 1956[1] provides for the registration and regulation of pension funds.[2] Pension funds must be registered under the Act before commencing pension-fund business.[3] Anyone who …
FOR IMMEDIATE RELEASE 13 June 2019 Press release Interference in home rentals sector economically and constitutionally reckless The Rule of Law Project believes the Tourism Amendment Bill represents a legally and economically unjustifiable intervention in …
Author: Gary Moore Date: 13 June 2019 This memorandum considers legislation[1] governing electricity provision, and Eskom in particular. It is concluded that the legislation violates the Rule of Law in some respects. Before Eskom was …
