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Centre for Constitutional Rights

The Centre for Constitutional Rights writes various articles which are sent out to our mailing list as ConsAlerts. They can be read on our home page, or here. Join our mailing list here.

The Centre for Constitutional Rights is pleased to present its fifth annual Human Rights Report Card indicating where, in our opinion, South Africa has been making progress with regard to human rights and where it has been regressing. Read more here. 

Read the latest comments by CFCR director, Adv Johan Kruger, relating to:

Read the latest comments by CFCR operations officer, Adv Jacques du Preez, relating to:

Defending the Constitution is a limited-edition coffee table book published by the Foundation. Each copy is personally signed by former president FW de Klerk and features a selection his speeches, all made in defense of the Constitution. A few copies of the book are still available at a minimum donation of R500 each, and all funds raised are used to support the work of the CFCR. Click here to order a copy of the book.

The Centre for Constitutional Rights supports the Right to Know Campaign. This Campaign was established in response to the Protection of Information Bill, which it feels will "fundamentally undermine[s] the struggle for whistleblower protection and access to information. It is one of a number of proposed measures which could have the combined effect of fundamentally undermining the right to access information and the freedom of expression enshrined in the Constitution."

"The people of South Africa...have a constitutional right to know whether the President is failing sections 83 and 96(2) of the Constitution and the constitutional values of accountability, openness and responsiveness..." says CFCR director, Adv Johan Kruger, "...and...to demand appropriate action from Parliament." Read more here...

According to Adv Jeremy Gauntlett, SC, certain provisions in the Higher Education and Training Laws Amendment Act 23 of 2012 are unconstitutional. Gauntlett says, "the Amendment Act in material respects trenches upon academic freedom, in a manner which cannot be justified in terms of section 36 of the Constitution". Read the full text of the public lecture, as well as additional commentary from CFCR director, Adv Johan Kruger, here...

The Centre for Constitutional Rights made a submission to the Department of Public Works regarding its concerns relating to the draft Expropriation Bill. Read more here...

The Centre for Constitutional Rights welcomes the decision by the Speaker of the National Assembly, Max Sisulu, to grant a request by the Democratic Alliance (DA) to debate the Gupta matter in the National Assembly. Read more here...

"The Centre for Constitutional Rights noted with much concern media reports about public resources being utilised for the benefit of close private associates of the President and the ruling party [wedding guests of the Gupta family]". Read more here...

"Our Constitution laid the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law. However, in order to free the potential of each person and ensure a quality life for everyone living in South Africa, we constantly need to remind ourselves what it means to be free and of what it means to have a choice in how we are being governed," says CFCR director, Adv Johan Kruger. Read more here...

The Centre for Constitutional Rights has taken note of recent statements by the Chief Justice regarding the mandate and duty of the Judicial Services Commission (JSC) and the need for "transformation" to supersede the principle of merit - encapsulated in section 174(1) of the Constitution - when appointing judges. Read more here...

"...the government, its officials and its institutions must be able to explain and justify its decisions, actions and laws; be accessible and responsive; and conduct its business of governance in an open and transparent manner," says CFCR director, Adv Johan Kruger. Read more here...

Read a legal summary of a recent Constitutional Court judgment - Hattingh and Others v Juta - by Adv Jacques du Preez. The judgment examines how the the rights of the landowner should be balanced against the rights of occupiers of the same land.

[Photo: Chris Kirchhoff/ MediaClubSouthAfrica]

This year, the Centre for Constitutional Rights presents its fifth annual Human Rights Report Card. Complied by the CFCR team under the supervision of CFCR director, Adv Johan Kruger, the reports aims to analyze where - in our opinion - South Africa has made progress over the past year with regards to human rights, and where it has regressed. Read more here...

"[The Minister, the Commissioner and the SAPS] have a constitutional duty to ensure that the SAPS acts, teaches, and requires its members to act in accordance with the Constitution and the law," says CFCR director, Adv Johan Kruger. Read more here...

The Centre for Constitutional Rights recently made a submission to the Portfolio Committee on Justice and Constitutional Development on the Legal Practice Bill. The Bill "vests extensive power in the Minister of Justice and Constitutional Development to control essential aspects of the legal profession", which, according to Adv Johan Kruger, could "potentially imped[e] the independence of the legal profession." Read more here...

CFCR director, Adv Johan Kruger, reflects on the eve of the State of the Nation Address: "A president is someone who presides over and leads people - whether in a meeting, an organisation or a state. As a leader, the president's purpose is to give direction, to inspire and to be the reason and motivation for people to behave in a certain manner. If a president fails to lead, those whom he is supposed to lead will fail to follow." Read more here...

"...the government has a duty, both in terms of the Constitution and International Law, to ensure an accessible, accountable and effective criminal justice system, able to provide successful law enforcement responses to sexual violence," says Adv Johan Kruger. Read more here...

"As this process of transformation is a slow one, the courts in the meantime have to do their best to ensure that the conflict between African customary law and the common law is ameliorated as best they can," says Jacques Matthee, NWU lecturer and associate of the CFCR. Read his analysis of the relationship between African customary law and forced marriages here...

"The Centre for Constitutional Rights welcomes an announcement by the African National Congress (ANC) that the government will urgently seek solutions to violent strikes and public protests," says Adv Johan Kruger. "The increasing tendency of aggrieved workers to resort to violence, threats of violence and intimidation in pursuit of higher wages and better working conditions is not only unconstitutional, but also illegal..." Read more here...

Should citizens criticise government? "We live in a constitutional democracy," says Adv Johan Kruger, "this means all are free to criticise the government - especially when elected representatives fail to respond in an openand accountable manner to the trust placed in them by the elctorate." Read more here...

"The objective of the [Seriti] Commission should, respectfully, not be to 'cease to blemish' the reputation of the government or anybody else, but to get to the truth about suspected corruption of gigantic proportions in the arms deal - allegedly involving some people at the very heart of government," says Adv Johan Kruger. Read more here...

"Should legislation define and dictate the moral values and conduct pertaining to consensual sexual activities between children," asks Adv Jacques du Preez. Read more on a recent High Court Ruling pertaining to the Criminal Law (Sexual Offences and Related Matters) Amendment Act here...

"Two recent developments in the Western Cape have highlighted the importance of co-operative government and intergovernmental relations in terms of our Constitution - not only in general but regarding policing specifically," says Adv Jacques du Preez. Read more here...

The Centre for Constitutional Rights welcomes the Western Cape High Court's decision to dismiss an application by Minister of Police, Nathi Mthethwa, for an urgent interdict against the establishment of a provincial commission of inquiry into the effectiveness of policing in Khayelitsha. Read more here...

"...[W]hilst we celebrate [international Human Rights Day and the Universal Declaration of Human Rights and our own Bill of Rights], we have good reason to be concerned about the perceptible growing tendency in South Africa of ignoring the purpose and meaning of these fundamental rights enshrined in our Constitution," says Adv Johan Kruger. Read more here...

The CFCR pays tribute to former Chief Justice Arthur Chaskalson. "His firm belief in our Constitution as the foundation of our nation’s values and aspirations guided some of the most important judgements of the Constitutional Court...and provided much needed direction to our young constitutional democracy..." Read more here...

"The failure to treat bullying, violence and abuse in schools as serious human rights infringements, merely because it occurs between learners, is nothing but a violation of those learners' human rights," says Adv Johan Kruger. Read more here...

"The notion that a Minister can "speak" to the NPA and "ask" them to cease criminal investigations or withdraw criminal charges is not only damaging the constitutionally guaranteed independence of the NPA, but if indeed the case, such conduct by a Minister may well be in contravention of the NPA Act," says Adv Johan Kruger. Read more here...

The Centre for Constitutional Rights is concerned about President Zuma's recent remarks about the justice system. "The justice system and its judiciary are cornerstones of our constitutional democracy - based on the Rule of Law..." says Adv Johan Kruger. Read more here...

The CFCR welcomes the out-of-court settlement reached between the ANC and TAU, AfriForum and other parties in the Dubul' iBhunu hate-speech matter. Read a statement from director of the CFCR, Adv Johan Kruger, here...

Our law and section 26(3) of the Constitution state that no one may be evicted from their home without a Court order. Read a statement from Adv Jacques du Preez, welcoming the recent Constitutional Court judgment in Schubart Park Residents' Association and Others v City of Tshwane Metropolitan Municipality and Another, here...

The Constitutional Court, in handing down judgement in Oriani-Ambrosini v Sisulu, held that Rules of the National Assembly which limited the right of any member of the Assembly to prepare and introduce legislation are constitutionally invalid. Read a statement from Adv Johan Kruger, director of the CFCR, here...

The Centre for Constitutional Rights welcomes the Constitutional Court's ruling in Democratic Alliance v The President of the Republic of South Africa & Others in which it upheld the Supreme Court of Appeal (SCA) decision to set aside the President's appointment of Adv Menzi Simelane as National Director of Public Prosecutions (NDPP). Read more here...

"The Constitution indeed protects the rights of everyone to assemble, demonstrate, picket and present petitions - peacefully and unarmed..." says Adv Johan Kruger, "...[n]onetheless, acts of violence directly linked to strike actions are rapidly on the increase..." Read a statement from the CFCR condemning recent strike violence here...

"Our Constitution is unambiguous: Section 16(1)(a) states that everyone has the right to freedom of expression and this includes freedom of the press as well as other media," says Adv Jacques du Preez. The Centre for Constitutional Rights therefore welcomes a recent ruling of the Constitutional Court in the matter of Print Media South Africa and Another v Minister of Home Affairs and Another. Read more here...

The Centre for Constitutional Rights is deeply concerned about the apparent failure of the National Prosecuting Authority (NPA) to adhere to an order by the Supreme Court of Appeal (SCA) to produce its record of decision which led to the withdrawal of criminal charges against President Jacob Zuma. Read a statement by CFCR director, Adv Johan Kruger, here...

"One of the most valuable pieces of our shared inheritance - an inheritance that each of us must cherish and protect at all costs - is without a doubt our Constitution - the supreme law in South Africa,"says Adv Johan Kruger. Read the rest of his Heritage Day speech, delivered to Paulus Joubert Secondary School in Paarl, here...

The Centre for Constitutional Rights recently made a submission to the Portfolio Committee on Justice & Constitutional Development. Adv Johan Kruger addressed the Committee during public hearings on some of the Bill's technical drafting inadequacies and substantive shortcomings in relation to obligations created by the Convention. Read more here...

The Centre for Constitutional Rights deplores the recent violence at Lonmin’s Marikana mine, in which countless people lost their lives and many more were injured and is calling for an independent judicial commission of enquiry into the recent violence. Read more here...

"Although the Constitution indeed guarantees the right to assemble, demonstrate, picket and present petitions in a peaceful and unarmed manner, when such demonstrations and petitions include threats to destabilise a democratically elected government, such actions are not only undemocratic and unconstitutional, but also possibly illegal," says Adv Johan Kruger. Read more here...

"In commemorating Women's Day, the Centre for Constitutional Rights also celebrates all those constitutional rights - including the inherent right to dignity, the right to life, equality and privacy - which seek to guarantee a free and equal society... All women in this country are entitled to the protection of these constitutionally enshrined rights," says Adv Johan Kruger. Read more here...

The right to vote is one of the most basic and fundamental rights in a democracy. In terms of section 1(d) and section 19 of the Constitution, this right applies to every adult South African citizen, whether living in South Africa or located abroad. Therefore, the CFCR supports all efforts to uphold this right. Read more here...

"Social cohesion starts with a preamble - to selflessly accept everyone we interact with on a daily basis as equal in all possible ways. It starts with how we respond to others, rather than how they respond to us," says Adv Johan Kruger, who attended the recent National Social Cohesion Summit. Read more here...

The CFCR acknowledges the importance of celebrating World Refugee Day. "We have to respect the rights of others - especially the rights of those who are vulnerable and who seek our help and protection from injustices," says Adv Johan Kruger. Read more here...

A recent verdict by the Supreme Court of Appeal (SCA) ended the controversy surrounding the enforcement of the Sexual Offences Act of 2007. Read more here...

The CFCR welcomes the President's decision to release General Bheki Cele from his duties as National Commissioner of the South African Police Service (SAPS). "A National Commissioner must be able to effect his or her duty with integrity and credibility," says Adv Johan Kruger. Read more here...

"The Constitution demands integrity of our security services, its members and its leadership." The Centre for Constitutional Rights therefore welcomes the latest High Court judgement against Lieutenant General Richard Mdluli. Read more here...

The Centre for Constitutional Rights has noticed with concern the Film and Publication Board's decision of 1 June 2012 to place a classification rating of "16N" on the painting entitled "The Spear" by artist Brett Murray. The Board's reasons for protecting the nation against "The Spear" were unconvincing at best. Read more here...

The Department of Justice and Constitutional Development’s discussion document on "The Transformation of the Judicial System and the Role of the Judiciary in the Developmental South African State" raises the question of the kind of transformation that the government has in mind. Is the objective simply demographic transformation in terms of Section 174(2) of the Constitution, or is it the transformation of the mindset of the judiciary? Read more here...


The Centre for Constitutional Rights strongly condemns acts of violence allegedly committed by supporters of the Congress of South African Trade Unions (COSATU) against a peaceful march of the Democratic Alliance (DA) and its supporters in Johannesburg. Read more here...

The Centre for Constitutional Rights takes pleasure in presenting its fourth annual Human Rights Report Card indicating where, in our opinion, South Africa has been making progress with regard to human rights and where it has been regressing. Read more here...

The Centre for Constitutional Rights welcomes the finding on appeal by the South African Human Rights Commission on the Blue Light Brigade Complaint. State organs and government officials need to learn that they treat our Chapter Nine Institutions with disdain and disrespect at their own peril. Read more here...

Tuesday was indeed a black day for all principled South Africans, for on that day hard fought for rights came crashing down when the ruling party used its majority vote to pass the Protection of Information Bill. On that day, the right to freedom of expression and the right of access to information, so critical to the open, transparent functioning of our constitutional democracy, were laid to rest. Read more here...

The Centre for Constitutional Rights joined as amicus in the recent Cape Bar Council’s challenge to the Judicial Service Commission’s (JSC’s) failure to nominate for appointment to the Western Cape High Court bench candidates who, it had itself, found to be both fit and proper and duly qualified. Read more here...

On 21 July 2011 the Center for Constitutional Rights submitted its comments on the Constitution 17th Amendment Bill to the Portfolio Committee on Justice and Constitutional Development. The Centre was concerned that the proposed amendments would bring about changes to fundamental constitutional principles, necessitating further far-reaching amendments to the Constitution. Whilst certain aspects of the Bill were to be welcomed, other specific clauses were cause for concern. Read more here...

One of the main goals of the new South Africa is to promote respect for human dignity and cultural and language diversity. The Constitution provides mechanisms to create harmonious relationships by respecting cultural and language diversity in a society with an extremely racially divided history. These rights are reinforced by the constitutional provision for the establishment of a Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities and a Pan South African Language Board. Recent incidences of racial and cultural tension and widespread dissatisfaction with the implementation of the Constitution’s language provisions indicate that both organisations have failed in their appointed tasks. Read more here...

In his article on the Apex Court, the The Hon Mr Justice IG Farlam - Patron of the CFCR, warns that "[t]he adoption of the proposal embodied in draft legislation to be considered by Parliament later this session that the Constitutional Court should be accorded the status of the apex court for all matters, whether constitutional or otherwise, will amount to the reversal of an important policy decision taken by the Constitutional Assembly and will undermine a valuable constitutional purpose sought to be achieved by the framers of the Constitution, without any compensating advantage." Read more here...

The Centre for Constitutional Rights takes pleasure in presenting its third annual Human Rights Report Card indicating where, in our opinion, South Africa has been making progress with regard to human rights and where it has been regressing. Read the Report here...

The Protection of Information Bill currently being considered by Parliament aims to protect sensitive state information by providing for a system of classification and declassification. It is an extremely important piece of legislation, as the existing legislative framework which governs the protection of sensitive information emanates from the apartheid era where secrecy was the norm and parliamentary sovereignty trumped constitutional supremacy. It is thus essential that the final version approved by the Ad Hoc Committee is constitutionally compliant. If not, the Bill will certainly be challenged in the Constitutional Court since in its present form, it carries the danger of making serious inroads on an open, accountable and democratic order. Read more here...

While President Zuma is crusading against unemployment, his Minister of Labour has introduced legislation that will, according to the employment index company Adcorp, lead to the loss of more than a million jobs. Read more on President Zuma's Job Creation Drive and the Labour Law Amendment Bills here...

In the case of Vikings Pony Africa Pumps (Pty) Ltd v Hidtro-Tech Systems (Pty) Ltd, the issue of what role a state organ should play upon becoming aware of fraudulent misrepresentation by a successful tenderer was placed before the Constitutional Court. More directly, the question before the court was: what is the duty of an organ of state, when it is presented with “ostensibly true allegations that an enterprise to which a tender was awarded, fraudulently manipulated the preferential procurement scheme for the purpose of securing a preference”? Read more here...

Section 25 of the Constitution protects everyone from being deprived of their property, unless such deprivation is in terms of law of general application. In addition, it provides that no law may sanction the arbitrary deprivation of property. The contours of that provision, however, are not yet fully defined or developed in our law. The recent Constitutional Court judgment in the matter of Offit Enterprises (Pty) Ltd and Another v Coega Development Corporation (Pty) Ltd and Others brings certain clarity as it goes to the heart of the protection against the unlawful deprivation of property, as well as the borders that delineate arbitrary deprivation. Read more here. The full judgment can be found here .

"...[i]t is not surprising that there has been such overwhelming opposition to the Protection of Information Bill. What is surprising however, is the apparent haste with which the Bill is being rushed through Parliament." Click here to read more.

In Tongoane and others v Minister of Agriculture and Land Affairs and others, the application for leave to appeal against the North Gauteng High Court’s (High Court) refusal to declare the Communal Land Rights Act (CLARA) invalid in its entirety as a result of Parliament’s failure to enact it in accordance with the procedure prescribed in section 76 of the Constitution is important for a number of reasons. Read more here...

Last year, on Human Rights Day, the Centre for Constitutional Rights issued its first Human Rights Report Card. We have decided to continue the process this year with a new Report Card that indicates where, in our opinion, we have been making progress with regard to human rights and where we have been regressing. We have once again awarded the grades for human rights in this year’s report card. Please click here for the Report Card...

On the matter of Solidarity obo Mrs R M Barnard v South African Police Services, heard in the Labour Court of South Africa, this case has important bearing on the implementation of both the Employment Equity Act as well as the Employment Equity Plan that the Act calls for. It also has vast implications for the many senior posts within the civil service that have not been filled because no suitable applicant from a designated group could be found. Read more here...

Click here for the CFCR's Concise Submission to the Department of Public Works on the Draft Expropriation Bill [2013].

Click here for the CFCR's Concise Submission to the Portfolio Committee on Justice and Constitutional Development on the Legal Practice Bill [B20-2012].

Click here for the CFCR's Concise Submissions on the Employment Equity Amendment Bill and the Employment Services Bill.

Click here for the CFCR's Concise Submission to the Subcommittee on Review of the Assembly Rules.

Click here for the CFCR's Concise Submission to the Portfolio Committee on Justice and Constitutional Development on the Prevention and Combating of Torture of Persons Bill [B21-2012].

Click here for the CFCR's Concise Submission to the Joint Committee on Constitutional Review in terms of Section 45(1)(C) of the Constitution of the Republic of South Africa, 1996 - Recommended Review of Section 47(3)(C).

Click here for the CFCR's Concise Submission on the South African Police Service Amendment Bill (B7-2012).

Click here for the CFCR's Submissions on the Judges' Remuneration and Condition of Employment Amendment Bill.

Click here for the CFCR's Submissions on the Constitution Seventeenth Amendment Bill.

Click here for the CFCR's Submissions on the Superior Courts Bill.

Click here for the CFCR's Submissions on the Criminal Procedure Amendment Bill.

Click here for the CFCR's Submissions on the Local Goverment: Municipal Property Rates Amendment Bill.

Click here for the CFCR's Submissions on the State Liability Amendment Bill.

Click here for the CFCR's Submissions on the Draft Labour Relations Amendment Bill, 2010; Draft Basic Conditions of Employment Amendment Bill, 2010; Draft Employment Equity Amendment Bill, 2010; and, Draft Employment Services Bill, 2010 .

Click here for the CFCR's Submissions on the Protection of Personal Information Bill, 2009.

Click here for the CFCR's Comments on the Public Service Broadcasting Discussion Paper to Amend the Broadcasting Act 4 of 1999.


For all the submissions made by the CFCR, please click here.