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The FW de Klerk Foundation writes regular articles on topical issues, supports language and cultural rights and participates in the national debate on racial and cultural issues. The Foundation also promotes communication by holding conferences and workshops.

STATEMENT ON THE 2017 MINING CHARTER

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The FW de Klerk Foundation has taken note of the publication of the 2017 Mining Charter with a great deal of concern. On Friday, the shares of mining companies fell by an average of more than 5%. Some assess that as much as R50 billion was wiped off their market value.

The Government has a constitutional and legal responsibility to empower black South Africans and the Foundation supports this worthy goal. However, given who the Minister is, the long shadows cast over him via the #GuptaLeaks and his association with them, we wonder who the real intended beneficiaries are. Frankly, we are concerned that a Minister who is criminally liable and possibly dishonest, has the audacity to make such profound changes to one of the key economic pillars of the country, when the country is economically in dire straits. We cannot but suspect that he is serving the interest of the captors of SA Inc in the name of transformation. Apparently the ANC, who have requested an urgent meeting with Minister Zwane, have the same concern.

STATEMENT: FW DE KLERK FOUNDATION WELCOMES INVESTIGATION INTO MINISTER’S LIABILITY

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The FW de Klerk Foundation welcomes the decision of the Constitutional Court to order an investigation into the possibility of the Minister of Social Development’s (the Minister) personal liability for the costs of the social grants’ case. In a matter which nearly saw the livelihoods of 17 million South Africans dependent on social grants threatened due to the Minister’s failure to properly conduct her job, the personal costs order serves as a deterrent to other public officials who fall short of their oversight functions over government departments.

The Public Service Commission Annual Report for 2015/16 stated that the Office of the State Attorney, when litigating, loses as many as 70% of its cases. This figure speaks of ineffective, inefficient and uneconomic use of financial resources, in direct contradiction to the Constitution, which enshrines basic values and principles to undergird public administration.

STATEMENT: SUBMISSION TO THE DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM ON THE DRAFT REGULATION OF AGRICULTURAL LAND HOLDINGS BILL

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The FW de Klerk Foundation recently made a submission to the Department of Rural Development and Land Reform on the Draft Regulation of Agricultural Land Holdings Bill (the Draft Bill).

The salient aspects of the Draft Bill are the introduction of ceilings regarding farm sizes, while limiting the ownership of agricultural land to South African citizens. Foreigners will only have leasehold rights, valid for a few years, over agricultural land.

That land reform is a constitutional imperative is a given. That the slow pace of land reform and ill thought-out policies frustrate the restorative justice intentions of the Constitution is also a given. However, this Draft Bill is irredeemably flawed and if implemented will further frustrate the progress of land reform.

STATEMENT: NEW DEPUTY CHIEF JUSTICE RAYMOND ZONDO - CONSTITUTIONAL COURT

CONCOURT FOTER optThe FW de Klerk Foundation congratulates Judge Raymond Zondo on his recent appointment to the position of Deputy Chief Justice of the Constitutional Court. 

Judge Zondo has a distinguished legal career to date. From humble roots in KwaZulu-Natal, he served his articles with the late Victoria Mxenge, where his interest in human rights grew. A notable career highlight was his appointment as a member of the Goldstone Commission, which was established by then President FW de Klerk, to investigate political violence and intimidation between July 1991 and the first general election in 1994. 

ARTICLE: PUNCH-DRUNK AND STAGGERING, BUT ON COURSE ...

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One cannot blame South Africans for feeling a little punch-drunk and perhaps even despondent. It seems like there is no more good news in the media. The prospects for the country and the rand do not look good and reportedly, the emigration agents are making good money with South Africans seeking greener pastures (not that Britain looks so green following the terror attacks in public places - it's a lot safer even on Johannesburg’s streets).

There are two broad reactions to this state of affairs - some (like former president of the Free State, Jan Brand) say “everything will be alright”. “Zuma is on his way out one of these days and then everything will be set to rights again.” Others (like those who choose to emigrate) say with conviction “all is lost - the country will never recover from the damage inflicted by Zuma”. However, neither of these two reactions is 100% correct. As with many other things, the truth lies somewhere in between.

STATEMENT: FW DE KLERK FOUNDATION ANNOUNCES PARTICIPATION IN LITIGATION

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The FW de Klerk Foundation announces its participation as co-applicant, with Quaker Peace Centre and AfriForum, in the action against the President of South Africa, the Deputy President and the Government of South Africa. This loose coalition represents a diverse cross-section of South Africans, who are united in seeking the return of constitutional values and the Rule of Law in all matters concerning the State.

The main thrust of the application is to seek a declaratory order from the Constitutional Court that, due to the possibility of being conflicted, the President is unable to act in the appointment of a judicial commission of inquiry into state capture. This conflict of interest is a point that the President has previously admitted before the Constitutional Court in the Nkandla matter.

STATEMENT: WHO IS GETTING RICHER AND WHO IS GETTING POORER?

STATSSAStatistics South Africa (StatsSA) has just released the most recent employment statistics. The unemployment rate now stands at a 14-year high of 27.7%. If those who have stopped looking for work are included, the rate is a staggering 36.4%!

This tragic and disconcerting news is being drowned out by the “bigger” stories of state capture, leaked Gupta emails and other corruption and mismanagement in state-owned enterprises like Eskom and SAA. These stories have one golden thread running through them: mega enrichment of a few by any corrupt means necessary, using public funds and usurping state power for individual gain.

ARTICLE: OVER TO YOU, DEPUTY PRESIDENT… OR RESISTANCE AND CAPTURE IN SOUTH AFRICAN POLITICS

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A damning report has been compiled by well-respected academics and a seasoned investigative reporter. The word “coup” features prominently. The report titled The Betrayal of the Promise: How South Africa is being Stolen provides factual information and draws linkages between a powerful political elite and business individuals. It reveals a toxic cocktail of patronage and corruption, all the while seriously undermining the constitutional state. Its biggest takeaway: State institutions are being repurposed to the detriment of all South Africans.

The Report follows hot on the heels of another released last week by the South African Council of Churches (SACC). The SACC’s report too, references statements from current and former government employees on how individuals closely linked to the highest office in the land have gained control of some state-owned entities.

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