LEGAL SYSTEM AND PROPERTY RIGHTS
A robust legal system and the protection of private property are fundamental to freedom. We propose federalisation, stronger property rights, and the repeal of laws that undermine civil liberties.
Federalisation
The federal character of the South African Constitution should be given legislative and fiscal expression.
- Adopt devolution legislation that transfers many central government functions to provinces and municipalities, including policing and labour relations.
- Adopt fiscal relations legislation that enables provinces and municipalities to retain a much greater portion of the revenue generated within their jurisdictions.
- Adopt federalisation legislation that provides binding guidelines for how matters of division of powers are to be approached, especially by the courts.
- Adopt section 235 legislation that enables self-defined community formations to engage in significant self-government while respecting the constitutional rights of others.
Rule of Law
The unpredictable, random, and incoherent character of law- and policy-making should be brought to a quick and binding end.
- Abandon any notion of confiscating property without market-based compensation.
- Replace the prevailing paradigm of ‘redistribution’ (a political preference) with one of ‘restitution’ (a matter of justice).
- Reform the Land Court, prioritising judicial independence, the rules of evidence, and the standards of due process.
- Return all nationalised minerals and water rights to the owners from whom they were confiscated.
Private Property
The section 25 right to private property should be prioritised as a constitutional imperative, rather than an optional inconvenience.
- Abandon any notion of confiscating property without market-based compensation.
- Replace the prevailing paradigm of ‘redistribution’ (a political preference) with one of ‘restitution’ (a matter of justice).
- Reform the Land Court, prioritising judicial independence, the rules of evidence, and the standards of due process.
- Return all nationalised minerals and water rights to the owners from whom they were confiscated.
Civil Liberty
Freedom under law should be respected, especially when it is exercised in ways some subjectively deem to be offensive or hurtful.
- Decriminalise senseless ‘offences’ that do not involve tangible harm to person or property.
- Repeal the Hate Speech Act.
- Amend the Equality Act to remove its hurtful expression provisions.
- Reform crimen injuria to neuter it as a measure to address hurtful expression.
- Apply the common law prohibition on incitement to violence more firmly, but judiciously, including and especially to politicians and officials.
