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FW De Klerk Foundation Conference on Uniting Behind the Constitution

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FW de Klerk Foundation Conference on Uniting Behind the Constitution 2nd February 2013 DR HOLGER DIX, RESIDENT Representative OF THE KONRAD Adenauer Foundation FOR SOUTH Africa, AND FORMER PRESIDENT FW DE KLERK. On Saturday, 2 February 2013, the FW de Klerk Foundation hosted a successful conference at the Protea Hotel President in Bantry Bay, Cape Town. Themed “Uniting Behind the Constitution” and held in conjunction with the Konrad Adenauer Foundation, the conference was well attended by members of the public and a large press contingent. The speakers included thought leaders from civil society, business, academia and politics. This publication is a compendium of speeches presented on the day (speeches were transcribed from recordings), each relating to an important facet of the South African Constitution. Each speech was followed by a lively panel discussion, and panelists included: Dr Lucky Mathebula (board member of the FW de Klerk Foundation), John Kane-Berman (CEO of the South African Institute for Race Relations), Adv Paul Hoffman (Director of the Southern African Institute for Accountability), Adv Johan Kruger (Director of the Centre for Constitutional Rights), Dr Theuns Eloff (Vice-Chancellor of North-West University), Adv Johan Kruger SC (Acting Judge and board member of the FW de Klerk Foundation), Michael Bagraim (President of the Cape Chamber of Commerce), Prince Mangosuthu Buthelezi (Leader of the IFP) and Paul Graham (Executive Director of the Institute for Democracy in South Africa). UpholdingCelebrating Diversity South and W orkingAfrica’s for National National Unity in South Accord Africa Celebrating Diversity and Working for National Unity in South Africa Celebrating Diversity and Working for National Unity in South Africa Celebrating Diversity and Working for National Unity in South Africa Africa South in Unity National for orking W and ersity v Di ating Celebr Contents Welcome and Introduction 3 by Dave Steward, Executive Director of the FW de Klerk Foundation Welcome 3 by Dr Holger Dix, Resident Representative of Konrad Adenauer Foundation for South Africa The Constitution after 19 Years 4 Address by Sipho Pityana, Chairman of CASAC Uniting Behind the Constitution in Support of 8 Non-Racialism and Human Dignity Address by Prof Frans Viljoen, Director of the Centre for Human Rights, Faculty of Law, University of Pretoria Participating Panelists 13 The Constitution and the Equality Clause 14 Address by Dr Anthea Jeffery, Head of Special Research at the SAIRR Image Gallery 19 Uniting Behind the Constitution in Support of 20 the Rule of Law Address by Adv Jeremy Gauntlett, SC Image Gallery 25 Uniting behind the Constitution in Support of 26 Genuine Multi-Party Democracy Address by Mosiuoa Lekota, Leader of COPE Image Gallery 31 Closing Remarks 32 by Former President FW de Klerk COVER PHOTO BY: Chris Kirchhoff (Source: www.mediaclubsouthafrica.com) © Uniting Behind the Constitution 1 Contents Celebrating Diversity and Working for National Unity in South Africa Celebrating Diversity and Working for National Unity in South Africa Celebrating Diversity and Working for National Unity in South Africa The FW de Klerk Foundation THE Foundation IS a donor-funded organisation with a small operating budget. Its executive director, Dave Steward, a former UN ambassador, was FW de Klerk’s chief of staff when he was president. The Foundation supports and promotes the Constitution, the Bill of Rights and the Rule of Law through the activities of its Centre for Constitutional Rights. In addition, the Foundation: • Organises dialogues where community leaders and government members informally discuss concerns, relationships and solutions. • Supports balanced transformation. It promotes discussion on the need for national consensus on economic and social transformation. • Supports selected charities. In the past three years it has distributed more than one million rand to children’s organisations and educational programmes. • Participates in the national debate through speeches, conferences and articles. • Internationally it shares South Africa’s conflict resolution experience with divided societies and supports the rights of ethnic, religious and cultural communities around the world. For more information, visit www.fwdeklerk.org Celebrating Diversity and Working for National Unity in South Africa Centre for Constitutional rights (CFCR) Celebrating Diversity and Working for National Unity in South Africa THE CENTRE FOR Constitutional rights (CFCR) operates as a unit of the FW de Klerk Foundation and reports to the Foundation’s Board through the executive director, Dave Steward. The CFCR’s mission is to uphold and promote the Constitution. The CFCR’s goals are: • to promote the values, rights and principles in the Constitution; • to monitor developments - including draft legislation - that might affect the Constitution or constitutional rights; • to inform people and organisations of their constitutional rights; and • to assist people and organisations to claim their rights. The CFCR’s activities include: • promoting the Constitution through participation in the national debate; publications, newsletters, articles, conferences and the CFCR’s website; and production and dissemination of legal opinions. • interacting with government and interested groups with a view to upholding constitutional rights and values, including making submissions to parliamentary portfolio and select committees regarding draft legislation. • monitoring developments that might affect the Constitution by following and analysing political initiatives, the deliberations of Parliament and the decisions of the Constitutional Court and other courts. • informing South Africans of their constitutional rights and how to claim them by means of publications and the Centre’s website. • assisting South Africans to claim their constitutional rights through provision of advice and, where necessary, through litigation. For more information, visit www.cfcr.org.za Konrad-Adenauer-Stiftung (KAS) Upholding South Africa’s Constitutional Accord Upholding South Africa’s Constitutional Accord FREEDOM, JUSTICE AND solidarity are the basic principles underlying the work of the Konrad- Adenauer-Stiftung (KAS). The KAS is a political foundation, closely associated with the Christian Democratic Union of Germany (CDU). In our European and international cooperation efforts we work for people to be able to live self-determined lives in freedom and dignity. We make a contribution underpinned by values to helping Germany meet its growing responsibilities throughout the world. We encourage people to lend a hand in shaping the future along these lines. With more than 70 offices abroad and projects in over 120 countries, we make a unique contribution to the promotion of democracy, the rule of law and a social market economy. We cooperate with governmental institutions, political parties, civil society organizations and handpicked elites, building strong partnerships along the way. In particular we seek to intensify political cooperation in the area of development cooperation at the national and international levels on the foundations of our objectives and values. Together with our partners we make a contribution to the creation of an international order that enables every country to develop in freedom and under its own responsibility. For more information, visit www.kas.org.za Uniting Behind the Constitution 2 with the Konrad Adenauer Foundation Celebrating Diversity and Working for National Unity in South Africa Celebrating Diversity and Working for National Unity in South Africa Africa South in Unity National for orking W and ersity v Di ating Celebr Welcome and Introduction* by Dave Steward, Executive Director of the FW de Klerk Foundation THE transformation OF South Africa began helped us to progress toward the vision that it articulates, of a 23 years ago with a speech that President FW de Klerk society based on human rights, equality, the Rule of Law, and delivered in Parliament on 2 February 1990. The result of the genuine multi-party democracy. We do so at this time in the ensuing inclusive negotiations was the adoption of a non- evolution of our constitutional democracy because we believe racial Constitution based on equality, human dignity, the that the vision that it expresses and the values that it articulates enjoyment of human rights, the supremacy of the law, and contain the guidelines for the solution to the many challenges the establishment of genuine multi-party democracy that is that now confront us. Accordingly, we think that it is now committed to openness, accountability and responsiveness. more important than ever for all South Africans, regardless of An interim Constitution was adopted in 1993 on the basis their political affiliation, to unite behind the Constitution. of which South Africa held its first inclusive and universal Our partner in hosting the conference is the elections in April 1994. Our final Constitution was adopted Konrad Adenauer Foundation of Germany who have worked in 1996. Since then the Constitution has in a very real sense frequently with us in the promotion of constitutional become the foundation of our young and still fragile non- values. And I would now like to invite the head of the racial democracy. Konrad Adenauer Foundation in South Africa, Dr Holger Dix, The purpose of our conference today is to consider how the also to say a few words of welcome. Constitution has fared since then, and in particular how it has Welcome* by Dr Holger
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