‘Abandonment’ in the 2020 Expropriation Bill
I have said and written much about the Expropriation Bill of 2020, which will likely become the Expropriation Act of 2021 sometime this year. In this article I would like to focus on one particularly …
Finding constitutional freedom of choice in the right to dignity
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: Race classification done without a race classification law?
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 …
Annual Report (2019)
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 …
National Qualifications Framework Act (67 of 2008)
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 …
Considering arguments against the constitutionality of the Riotous Assemblies Act and related matters
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 …
Legal policy brief: The Traditional Courts Bill, 2017
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 …
Press release: Rule of Law Project in court to protect free expression, equality at law
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 …
Pension Funds Act (28 of 1956)
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 …
Press release: Interference in home rentals sector economically and constitutionally reckless
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 …