It is an unavoidable part of the deal, as fashioned between the representatives of all the people, that the Constitution means, in the final analysis, what our independent judiciary interprets it to mean. Other organs of state are required to assist and protect the Courts as they are the most vulnerable and least powerful of […]
General
The Scorpions, The Constitution And The Rule Of Law
The controversial National Prosecuting Authority Amendment Act and the South African Police Services Amendment Act bring about respectively the demise of Directorate of Special Operation (DSO) or the Scorpions, as they are known to the public, and the creation of a new unit to deal with, inter alia, organised crime to replace the Scorpions. This […]
The Dawning Of The Age Of Responsibility
If one takes into account that the economy of the United States is about 100 times the size of the South African economy, that the World Bank has its tentacles in every nook and cranny of the global economy and that South Africa is part of that global economy, then it is plain that it […]
Affirmative Action: Redressing Or Creating Imbalances? (Cont.)
The appropriate starting point for discussing the legislative and other measures actually taken since 1994 is the origin of them all: section 9 (2) itself. It is part of the equality provision set out in the Bill of Rights. This is a provision which is central to the achievement of the constitutional goals of the […]
Qunta’s Blind Spot (Cont.)
If we take as our starting point, as we must, that the new South Africa is a non-racist, non-sexist democracy in which equality is a guaranteed right and unfair discrimination is frowned upon to such an extent that discrimination on grounds of race or gender is regarded to be unfair (unless it is established that […]