Promoting Communication ■ Research and Communication ■ Administration and Fundraising ■ FOUNDActivities ■ Panel of Experts...
the fw de klerk foundation                      How you can support                                              the FW de...
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Annual Report 2011 - 2012

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The Annual Report of the FW de Klerk Foundation (financial year 2011 - 2012) featuring updates and highlights from both the Foundation, as well as its Centre for Constitutional Rights.

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Annual Report 2011 - 2012

  1. 1. Promoting Communication ■ Research and Communication ■ Administration and Fundraising ■ FOUNDActivities ■ Panel of Experts ■ CFCR Staff ■ Communication ■ Financial Statements ■ Message from thExecutive Director’s Report ■ Mission ■ Promoting Peaceful Resolution of Conflicts ■ Promoting CommResearch and Communication ■ Administration and Fundraising ■ FOUNDATION Staff ■ Activities ■ PanelCFCR Staff ■ Communication ■ Financial Statements ■ Message from the Chairman ■ Executive DirectMission ■ Promoting Peaceful Resolution of Conflicts ■ Promoting Communication ■ Research and CommAdministration and Fundraising ■ FOUNDATION Staff ■ Activities ■ Panel of Experts ■ CFCR Staff ■ Comm Annual ReportFinancial Statements ■ Message from the Chairman ■ Executive Director’s Report ■ Mission ■ Promotin solution of Conflicts ■ Promoting Communication ■ Research and Communication ■ Administ ndraising ■ FOUNDATION Staff ■ Activities ■ Panel of Experts ■ CFCR Staff ■ Communication ■ FinancialMessage from 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FOUNDActivities ■ Panel of Experts ■ CFCR Staff ■ Communication ■ Financial Statements ■ Message from thExecutive Director’s Report ■ Mission ■ Promoting Peaceful Resolution of Conflicts ■ Promoting CommResearch and Communication ■ Administration and Fundraising ■ FOUNDATION Staff ■ Activities ■ PanelCFCR Staff ■ Communication ■ Financial Statements ■ Message from the Chairman ■ Executive DirectMission ■ Promoting Peaceful Resolution of Conflicts ■ Promoting Communication ■ Research and CommAdministration and Fundraising ■ FOUNDATION Staff ■ Activities ■ Panel of Experts ■ CFCR Staff ■ CommFinancial Statements ■ Message from the Chairman ■ Executive Director’s Report ■ Mission ■ Promotin solution of Conflicts ■ Promoting Communication ■ Research and Communication ■ Administ ndraising ■ FOUNDATION Staff ■ Activities ■ Panel of Experts ■ CFCR Staff ■ Communication ■ FinancialMessage from the Chairman ■ Executive Director’s Report ■ Mission ■ Promoting Peaceful Resolution oPromoting 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  2. 2. the fw de klerk foundation How you can support the FW de Klerk Foundation The Foundation is a non-profit organisation with a small operating budget. If you are interested in making a contribution, there are several ways to donate. All donations are tax deductible and received in terms of Section 18A of the Income Tax Act No 58 of 1962.  E-mail: info@fwdeklerk.org Tel: +27 (0) 21 930 3622 Online: www.fwdeklerk.org Direct Donation: Bank Name: ABSA Private Bank Account Name: FW de Klerk Foundation Trust Account Number: 406 009 2839 Branch Code: 632005 E-mail: info@fwdeklerk.org Website: www.fwdeklerk.org Facebook: facebook.com/pages/FW-de-Klerk-Foundation/217696894929887 Twitter: twitter.com/FWdeKlerkFoun Zeezicht Building, Tygerberg Office Park, 163 Hendrik Verwoerd Drive, Plattekloof, Cape Town, 7500, South Africa P.O. Box 15785, Panorama, 7506, South Africa Tel: +27 (0) 21 930 3622 Fax: +27 (0) 21 930 3898 Celebrating Diversity and Working for National Unity in South Africa E-mail: info@cfcr.org.za Celebrating Diversity and Working for National Unity in South Africa Upholding South Africa’s Constitutional Accord Website: www.cfcr.org.za Upholding South Africa’s Constitutional Accord Twitter: twitter.com/theCFCR
  3. 3. annual report 2011-2012annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Contentsreport 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annualreport 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 Message from the Chairman 2 Executive Director’s Report 3 ■ THE FW DE KLERK FOUNDATION • Mission 4 • Promoting Peaceful Resolution of Conflicts 5 • Promoting Communication 6 • Research and Communication 7 • Administration and Fundraising 8 • Staff 8 ■ THE CENTRE FOR CONSTITUTIONAL RIGHTS • Activities 9 • Panel of Experts 13 • Staff 13 • Communication 13 ■ FINANCIAL STATEMENTS • Balance Sheet 14 • Income Statement 14 Paths to Progress Conference AND GALA DINNER page 1
  4. 4. the fw de klerk foundation annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Message from the Chairman report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012When we established the Foundation in1999 my vision was to create an organisationthat would be able to promote the causes thatI had supported during my presidency. Thetwo primary causes that we identified werethe upholding of the Constitution that we hadnegotiated between 1990 and 1996 - and thenurturing of positive relationships betweenthe communities that make up our vibrantmulticultural society. I felt that even though Ihad retired from active politics I had a residualduty to all those who supported constitution-al transformation while I was president to doeverything I could to uphold the solemn consti-tutional agreements that we had negotiated. I am happy to say - 13 years later - thatthe Foundation is fully playing the role thatwe envisaged at that time. It is able to do sobecause of the rights and freedoms that wehelped to negotiate into ournew Constitution. It is able tomake use of the right to freedomof expression to participatevigorously in the national debate;it is using the courts and the “It is hearteninglike ourssociety organisations that civil haveChapter 9 institutions to protectthe rights of South Africans been able to achieve success infrom all our communities. It is promoting a wide variety of important ”exercising the right to freedom ofassociation to work together with national causes.a broad spectrum of civil societyorganisations that share its commitment year - and to welcome two new members - Mrs Wendy Luhabe andto the Constitution. It also uses our open Dr Lucky Mathebula. I would also like to thank the Centre forparliamentary system to make representations Constitutional Rights’ eminent Panel of Experts for their adviceto parliamentary portfolio committees and mentorship and finally, I would like to thank the staff of theregarding the constitutionality of legislation. Foundation and the Centre for their dedication and contributions It is heartening that civil society organisations during the past year.like ours have been able to achieve successin promoting a wide variety of importantnational causes. I should like to stress that theFoundation has no party-political affiliation. Itis eager to work with all parties to promotethe goals, rights and values in the Constitution. FW de Klerk, chairmanBy the same token, it opposes threats to theConstitution regardless of their origin. I would like to take this opportunity to thankour Board for their guidance during the past page 2
  5. 5. annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Executive Director’s Report report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012“During 2011-2012 the Foundationand its Centre for Constitutional Rightscontinued to make a substantial contributionto constitutional governance and the promo-tion of multiculturalism in South Africa. We achieved this by monitoring develop-ments that might affect the Constitution; byparticipating vigorously in the national debate;by networking with civil society and by makinguse of the courts, parliamentary committees,the Human Rights Commission and the PublicProtector. We published approximately one article perweek in the national media and participated innumerous radio and TV interviews. The Centre for Constitutional Rights made 12oral and written submissions to parliamentaryportfolio committees on various bills withconstitutional implications. We also made fulluse of the courts and Chapter 9 organisations.During the year we were involved in litigationas amicus curiae in the case of The Cape Bar university level and convened a meeting of leading organisations toCouncil vs the Judicial Service Commission and safeguard the future of Afrikaans-medium schools. The Foundationin the initiation of the case of employees of also played a leading role in warning civil society of the implicationsthe Department of Correctional Services in the of the National Democratic Revolution. It made repeated calls toWestern Cape against their department because government to enter into discussions on the problems confrontingof the unfair application of demographic South Africa.representivity in labour practices. The highlight of our year was our annual conference and gala We continued our involvement in the dinner on 2 February 2012 - which were held at the President HotelHuman Rights Commission’s consideration of in Sea Point. The theme of the conference was ‘Paths to Progress’.the infringement of Mr Chumani Maxwele’s We were also delighted to be able to present the 2012 FW derights by the SAPS and we achieved a successful Klerk Goodwill Award to Pieter-Dirk Uys. Another highlight was theoutcome in our intervention with the Public awarding of the 2011 KidsRights Peace Prize to Chaeli Mycroft of CapeProtector regarding the SAPS witness protection Town - whom the Foundation had nominated for the exceptionalprogramme. In addition, the CFCR maintained work of the Chaeli Campaign.pressure on the relevant authorities to ensure We succeeded in raising sufficient funds to assure that thethat South Africans living overseas will be able Foundation will continue to play its present role into the future. Weto register for, and vote in, future national sadly accepted the resignation of Adv Nicki de Havilland, the Directorelections. We achieved substantial success in of the CFCR, who has decided to pursue her personal interests. Advalmost all of these all initiatives. Jacques du Preez joined our team, specialising in language rights and The Foundation continued to network inter-community relations.with NGOs across the political spectrum andparticipated in joint activities to oppose theProtection of State Information Bill; to drawattention to the provisions of the Green Paperon Land Reform and to other threats to propertyrights. It continued to support Afrikaans at Dave Steward, executive director page 3
  6. 6. the fw de klerk foundationannual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Missionreport 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annualreport 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 The FW de Klerk Foundation continues the philosophical and political heritage that FW de Klerk established when he was president by:1Upholding the Constitution Promoting communication between 3 Commissioning research and communicating on topics 2 and the national accord on leadership groups; of importance to South Africa’s which it is based through the multicultural society; activities of its Centre for Constitutional Rights;4Promoting the peaceful resolution of conflicts in divided societies throughout the world; and by 5 Mobilising financial support for handicapped children. ABOVE: The Foundation promotes ABOVE: Elita and FW de Klerk dialogue through conferences. visit Woodside Special Care Centre in Cape Town. ABOVE: Leslie van Rooi (Stellenbosch University) and Lloyd Blake. RIGHT: Dr Warren Clewlow (board member), Dr Dawie Roodt (speaker) and Dave Steward (executive director).page 4
  7. 7. annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Promoting Peaceful Resolution report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report throughout of Conflicts in Divided Societies the World 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual reportThe Foundation has shared South Africa’s experience ofpeaceful transformation with people in a number of countries that haveexperienced cultural, religious or racial conflict. FW de Klerk attendsnumerous international conferences and makes speeches throughoutthe world in which he deals with problems of inter-community relations;peace and development.Dave Steward, executive director ofthe Foundation was invited to addressscholars and business leaders duringthe year under review.During the year under reviewFW de Klerk delivered 19 speechesto audiences across the globe: Oxford, UNITED KINGDOM Oslo, NORWAY SWITZERLANDLondon, UNITED KINGDOM Brussels, BELGIUM GERMANYCalifornia, USA Johannesburg, SOUTH AFRICA Taipei, CHINA Cape Town, SOUTH AFRICA Doha, QATAR page 5
  8. 8. the fw de klerk foundation annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Promoting Communication report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report THE FW between Leadership Groups 2011-2012 annual report 2011-20122011-2012 2011-2012 annual report 2011-2012 annual report 2011-2012 ION NDAT annual report DE KLER K FOU annual report 2011-2012 annual report annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report Upholdi ng South Celebrating The FW Diver sity and Africa’s de Kler k Celebrating Diver Founda Working for NatioNationa that FW tionsity and Work continu ing for nal Unity l Afric rd in SouthAcco de Kler es theNational Unity phil a k establis“ have made great progress • Upholdi hed whe osophical and a in South Afric ng the n he was politica • Com Con preside l heritag • Promot stitution and face the fact, mission nt by: e ing the nati • Promot research and ing com municat onal acc We must squarely that although ing the commun ion betw ord peacefu l resolutio icating on topi een lead on which it is cs of imp ership based; • Mobilis n of con ortance groups; ing fina flicts in to South ncial sup divided Afri societie port for handica s through ca’s multicultur pped chil out the al society dren world; ; and by E-mail:we info@fw deklerk .org • in many areas since Websit Zeezich e: www.fw 163 Hen t Buildin deklerk drik Ver g, Tygerbe .org woerd rg Office PO Box Drive, Park, 15785, Plattekl Panoram oof 750 a 7506, 0, Sou South Afri th Africa Tel: +27 ca1994, we are confronted by enormous challenges Pat (0)21 930 Fax: +27 3622 (0)21 930 hs t E-mail: 3898 info@cf Progreso cr.org • Websit e: www.c THE CEN fcr.org ” TRE FO R CONthat we can overcome only if we work together. s STITUTI ONAL RIGHTS 2 Febru ary 2 012FW de Klerk, February 2012 Upholdi ng South The Fou ndation Afr ica’s Co suppor nstitutio through the acti ts the Con Upho stitution nal Acco vities of lding South Africaand the rd Uphothe Cen lding South tre ’s Const nationa itution • Promot for Con al Accord l accord es the valu Africa’s Constitutionstitution on whi al Accor d al Rights. ch it is • Monito es, The Cen based • Informs rs develop rights and prin tre: ments that ciples During the year the Foundation organised the people and orga might affe in the Constitu • Assists nisation ct the Con tion; people s of thei stitution and orga r constitu ; nisation tional righ s to clai ts; m their rights following conference: Paths to Progress Conference Held to commemorate the 22nd anniversary of FW de Klerk’s speech in Parliament on 2 February 1990 On 2 February 2012 the Foundation held a conference in conjunction with the Konrad Adenauer Foundation, to discuss “Paths to Progress” for South Africa. Various politicians and other important role players attended the conference and speeches were delivered by Kuben Naidoo, Dr Theo de Jager, Richard Pike, Dr Dawie Roodt, Dr Wilmot James (left, top to bottom) and FW de Klerk. The speeches were followed by discussion sessions with panels of experts. The speeches are included in a post-conference publication, entitled “Paths to Progress”. It is available on the Foundation’s website. The conference was followed by a gala dinner at the Protea Hotel President in Bantry Bay, Cape Town, where the FW de Klerk Good- During his long career Pieter-Dirk Uys (above) will Award for 2012 was presented to Pieter-Dirk Uys, for his out- has made generations of standing contribution towards promoting goodwill in South Africa.  South Africans laugh at Established in 2010 by the Board of the FW de Klerk Foundation the absurdities of racism, - in the spirit of FW de Klerk’s continuing commitment to national pomposity and bad unity - the Award recognises people who have made extraordinary governance. He has also educated more contributions to the advancement of unity in diversity and goodwill than 1.5-million South between South Africans. Various sponsored items, as well as a Africans, particularly commemorative gold coin depicting FW de Klerk and Nelson schoolchildren, about Mandela, were auctioned off during the evening. Guests also stood the threat of HIV/Aids. a chance to win prizes. page 6
  9. 9. annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report Research and Communication 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual on Topics of Importance report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report to Multicultural Societies annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual reportThe Media Year-On-Year Results* 2010 - 2011 2011 - 2012The Foundation continued to utilisethe various media to convey its Print 32 66messages, and participated in Online 16 31numerous interviews on radio andtelevision. Regular press releases Radio 2 7were issued on the Foundation’s Television 1 3activities whilst articles on topicalissues were published in all the *these numbers reflect articles, interviews and mentions ofmajor daily and weekly newspapers. the FW de Klerk Foundation and its Centre for Constitutional Rights (full details available upon request)NewsAlertsNewsAlerts are used by the Foundation to provideinformation on current topics to interested individuals,the media, donors and other related organisations -37 were sent out during the year under review. Website The Foundation’s website - www.fwdeklerk.org - has been in use since the end of 2009. It is regularly updated and plays an integral role in the Foundation’s communication strategy. It includes the Foundation’s NewsAlerts, articles, press releases, publications and FW de Klerk’s speeches. Social Media The Foundation has expanded its reach into the social media landscape. For the latest updates on the Foundation’s activities: Like us on Facebook: facebook.com/pages/FW-de-Klerk-Foundation/217696894929887 Follow us on Twitter: twitter.com/FWdeKlerkFoun page 7
  10. 10. the fw de klerk foundation annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Administration and Fundraising report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012FW de Klerk met with numerous potential donors during theyear under review.Board of TrusteesThe Board of Trustees held meetings at the Wanderers Club inJohannesburg on 16 November 2011 and on 3 February 2012 at thePresident Hotel in Cape Town.The members of the board are FW de Klerk (chairman), Dave Steward,Elita de Klerk, Herman Bailey, Ben Coetzee Bester, Dr Warren Clewlow,Prof Esme du Plessis, Dr Theuns Eloff, Dr Len Konar, Adv Johan Kruger, Mosiuoa Lekota (COPE) and HermanProf Placid Kunutu, Ms Wendy Luhabe, Dr FM Mathebula and Judge Moody Bailey (board member) at the “Paths toTidwell (USA). Progress” conference. annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Staff report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report The Foundation also hosted three 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 interns annual report 2011-2012 annual report 2011-2012the year: report 2011-2012 annual during annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 Adv Jacques du Preez was appointed as Operational Officer on 1 July 2011. He is respon- sible for monitoring any Matthias Baeuml Jennifer Lee Tobias Strohm, developments that might recently completed (from the Council now working as a affect inter-community his Master of Public of Women World teacher in Germany.relations; supporting the provisions in Administration Leaders’ Gender and “I met a friendly,the Constitution that recognise and in International Public Policy Fellow- cooperative andprotect language, education and Development at ship programme), committed staff andcultural rights. In particular, he the Harvard now working for the also gained insightcontinues the Foundation’s work in Kennedy School. U.S. Fund for UNICEF. into one aspect of thesupport of Afrikaans at university level; “My internship with “Working with South African societygenerates articles and research on multi- the Foundation was Mr Steward and the that I am especiallycultural societies and inter-community my first experience in Foundation gave me interested in due torelations and takes active steps to help a developing country a better under- my profession -people claim their cultural rights. and I experienced standing of the the South African a steep learning importance of good educational system.” The Foundation’s curve. I also learned governance, rule Communications Officer, a lot from Dave of law and of the Irene Saunders, Steward and during Constitution as a resigned in September my field research.” living document 2011 to take up a position that gives citizens at Parliament. The the rights and tools executive director and to create a just andstaff wish to thank her for her dedicated equitable society.” and professional service. page 8
  11. 11. annual report 2011-2012annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Supporting the Constitutionreport 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annualreport 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report and the National Accord2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annualreport 2011-2012 annual report 2011-2012 annual report 2011-2012 annual reportannual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annualreport 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report The Centre for Constitutional Rights Promotes the values, rights and principles in the Constitution; Monitors developments that might affect the Constitution; Informs people and organisations of their constitutional rights; Assists people and organisations to claim their rights. During the year under review, the CFCR has pursued its objectives through the following methods: • Parliamentary Submissions • Speeches at important forums • Pro bono legal assistance • Articles, electronic publications and interviews on constitutional issues • Liaison with civil society organisations • Liaison with Chapter 9 and Chapter 10 institutions • Liaison with opposition parties Photo by: Chris Kirchhoff (Source: www.mediaclubsouthafrica.com) ©The Constitutional Court, Johannesburg. page 9
  12. 12. the fw de klerk foundation annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Activities report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual reportThe Centrereport 2011-2012 annual report 2011-2012 annual report 2011-2012 annual annual continued to establish itself as a leading and authoritative source report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual reportof expertise on constitutional issues. It dealt inter alia with the following:The Independence of theJudiciary and the Rule of Law council” (Argus) | “Rights Centre and Jhb law firm • Submissions: Judicial Code of Conduct (oral) join Bar Council challenge” (Legalbrief) | “Plan for • Amicus Curiae: Cape Bar High Court Review one apex court draws flack” (Business Day) | “CJ application of the JSC recommendations for High extension amendment ‘constitutionally’ prob- Court judges in the Western Cape lematic” (Legalbrief) | “Judges Remuneration • Pro bono assistance: DLA Cliffe Dekker, Adv D and Conditions of employment Amendment Bill Irish SC and Adv J de Waal problematic” (Legalbrief) | “As the brouhaha dies • Interviews: Judge Hlophe’s appeal (Die Burger, around the Chief Justice” (Legalbrief) | “Another Argus, Sunday Tribune) | Judicial Code of Con- Judicial rebuke of the JSC” (Politicsweb) duct and Regulations (News24) | State Law • ConsAlert: The JSC challenge Advisor’s competence to comment on Consti- • NewsAlerts: The Rule of Law and Constitutions tutionality (Mail Guardian) | Chief Justice’s in rapidly changing Societies | President Zuma withdrawal of his acceptance of the extension of and the balance between the Executive and the his term of office (Mail Guardian) | One Apex Judiciary Court (Business Day) |President Zuma’s nomina- • Press Release: The Constitutional court’s tion of a new Chief Justice (Beeld, Cape Times, ruling on the extension of the Chief Justice’s City Press) |Ruling in the Cape Bar Council v JSC term of office (Die Burger, Argus) | ANC proposal to review • Liaised with: Members of the JSC regarding Constitutional Court Judgments (Rapport) possible strategy of boycotting JSC procedures • Articles: “Constitutional amendment needed to • Research document: Constitutional Assembly hear Hlophe appeals” (Legalbrief) | “Judge Row discussions surrounding provisions governing hots up – Rights Centre and Joburg Law firm join judicial appointments Bloemfontein, judicial capital of South Africa. Photo by: Graeme Williams (Source: www.mediaclubsouthafrica.com) © page 10
  13. 13. annual report 2011-2012Freedom of Expression Language and Cultural Rights • Submissions: The Protection of Information Bill • Submissions: The SA Languages Bill (written) | Press Freedom Commission • Seconded motion: University of Stellenbosch • Furnished legal opinion on: The constitu- (US) Convocation regarding the decline of Afrikaans tionality of the reach of the Bill to the Portfolio • Monitored: developments affecting the status Committee and opposition parties | To opposi- and use of Afrikaans in high and primary schools tion parties on constitutionality of proposed | decrease in number of single-medium Afrikaans concessions by the Government on the Protec- schools in South Africa tion of Information Bill • Support: To advance and strengthen PanSAT • ConsAlert: Black Tuesday • Participated in: National debate concerning • NewsAlert: The need for dialogue on hate Afrikaans as an academic language medium and speech the advancement and protection of Afrikaans at • Interviews: “Protecting State from Security” university level, particularly at the US | High-level (Star) | “The MG v The President” (Beeld) brainstorming session hosted by the Afrikaanse • Liaised with: SAHRC on complaint regarding Taalraad in Pretoria the unlawful and unconstitutional behaviour of • Liaised with: Academics (including Prof H the President’s Special Protection Unit concern- Giliomee), student organisations and other ing Mr Maxwele | Advised SAHRC on procedure, interested parties regarding future strategy powers and furnished directives on timeline | concerning Afrikaans at university level | Placed SAHRC on terms | Liaised with influential Coloured employees of the Western Cape members of the public regarding possible pres- Department of Correctional Services (DCS) to sure group and with victim’s attorneys regarding address unfair employment practices civil claim | Filed answering affidavit to Minister’s • Pro bono assistance: for DCS employees response and Notice of Appeal | Advised SAHRC • Lodged complaint: SAHRC regarding hate on unlawfulness of Minister’s grounds of appeal speech by Rev Keno Waters • Collaborated with: R2K civil society group • Articles: “Staak die Foltering” (Cape Argus) | opposing the Protection of Information Bill | “Taaldebat Vat Vlam” (Die Burger) | “Gee Terug Further liaison with the Swedish Liberal Party Ons Taal” (Rapport) | ”Maaties moet nou daad- • Participated in: International research werklik optree oor taal” (Die Burger) | “Matie questionnaire regarding public opposition to Rektor reik die hand” (Rapport) | “Ons is besorg draft legislation oor die US se taalbeleid” (Litnet) | Konsep-Taal- wet is tandeloos” (Die Burger) • NewsAlerts: Legal Position of Refugees in SAThe Right to Vote | Transformation of the Judiciary and Organs of • Liaised with: The South African Law Reform State | The FW de Klerk Foundation comments Commission on draft legislation enabling all on the South African Languages Bill, 2011 | Con- South Africans living abroad to vote | Depart- cerns about the SA Languages Bill |The Need for ment of Home Affairs regarding draft legislation Dialogue on Hate Speech on the right to vote | IEC regarding proposed • Press Release: The FW de Klerk Foundation draft legislation | Democratic Alliance regarding responds to Hate Speech by Rev Kemo Immanuel their proposed private members Bill Waters • Interviews: Refugees in South Africa (RSG) | Languages Bill (RSG, Radio Kansel, Robinson Reg- streeks)The Promotion of Equality • Pro bono assistance: Hayes Inc. Adv S Burger SC, Adv L Ackerman for unequal medical aid benefits for retired SAPS members; settled letter of demand | Adv J de Waal • Liaised with: Polmed regarding latest policy | Minister of Agriculture, Forestry and Fisheries regarding fishing quota score cards for the disabled | Legal advisor of the Minister of the Department of Water and Environmental Affairs regarding aligning quota application system with section 9(2) of the Constitution | Director General responsible for aligning policy with section 9(2) • NewsAlerts: Employment Equity Targets in the Police and in the Department of Defence from unfair discrimination | The freedom from unfair discrimination page 11
  14. 14. the fw de klerk foundationCrime • Submission: Police Service Amendment Bill labour practices; the child’s best interest (written) and adoption; prisoners’ rights; the right to • Advised: Commercial fraud whistleblowers legal assistance; economic partnerships and • Drafted: Formal complaint to State President constitutional rights; the right to disability on the failed Witness Protection Programme grants; the right to access to information and (WPP) | Heads of Argument for WPP members just administration within the workplace; the for meeting with the Minister of Justice and powers of Chapter 9 institutions; religious rights; Constitutional Development | Letter from WPP the right to a fair trial; the right not to have members to the State President immovable property sold in execution; the right • Prepared: Quantum claim for WPP members to basic education; alleged corruption in the against the Programme Magistrate’s Commission; the right to presi- • Represented: WPP members in negotiations dential pardon; the NHI; property rights, with the Acting Director of the Programme | especially new mining rights and, the prosecu- WPP members at mediation with the Public tion of serious economic offences Protector and the acting head of the Programme • Constituted Panel of Associates • Consulted with: Opposition parties regarding undesirability of making Higher EducationProperty Rights and Land Reform exclusive national competency • Submissions: The Draft Spatial Planning and • Attended: KAS/NWU conference on Good Land Use Management Bill | The Local Govern- Governance; attended and delivered paper ment: Municipal Property Rates Amendment Bill entitled “The role of Good Governance in | The Draft Green Paper on Land Reform ensuring the enjoyment of Human Rights” | SAIS roundtable discussion on fighting corruptionGeneral • Articles: “Human Rights Report Card” (Poli- • Published: 5th South African Human Rights ticsweb, Cape Argus) | “All citizens must accept Report Card on Human Rights Day, 21 March equal responsibility for the future of South Af- 2011 rica” (Cape Argus) | “The road to South Africa’s • Provision of assistance to 52 groups and/or grim past” (TygerTalk) individuals regarding: The right to mother • ConsAlerts: Human rights Report Card | Saps tongue education; the rights of criminals; raid on the PP land use planning; local government elections • NewsAlerts: Military veterans and the need for and councillor’s rights; the right to fair reconciliation | The Separation of Powers The Supreme Court of Appeal, Bloemfontein. Photo by: Graeme Williams (Source: www.mediaclubsouthafrica.com) ©page 12
  15. 15. annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Panel of Experts report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual reportThe CFCR Panel of Experts held meetings at the Wanderers Club in Johannesburg on 3 June annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual2011 and on 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report report 12 December 2011 at the Portswood Hotel in Cape Town.The members of the Panel are FW de Klerk, Dave Steward, Adv Nichola de Havilland,Dr Anthea Jeffery, Adv Paul Hoffman, Adv Johan Kruger, Dr Penuell Maduna, Johan Marais,Prof Francois Venter, Prof David Welsh and Prof Marinus Wiechers. The Patron of theCentre is Judge Ian Farlam (right). annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Staff report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual reportde Klerk, Dave Chairman FW 2011-2012 annual Steward, executive director of the report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 Klerk Foundation and2011-2012 FW de annual report staff annual report 2011-2012 annual report 2011-2012 annualFoundation 2011-2012would at the report and CFCR annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report annual report 2011-2012 annual report 2011-2012 annualthank Adv 2011-2012 annual Adv Nichola de Havilland, like to report De Havilland for report 2011-2012 annual report the CFCR annual report 2011-2012 annual report Director of 2011-2012 since her enormous contribution to the January 2009, left the Centre at the Centre’s activities during the past end of January 2012 to pursue five years and for her tireless dedica- personal interests. Adv De Havilland tion to the promotion and defense remains a member of the CFCR’s of the Constitution. They wish her Panel of Experts and will from time every success and happiness in to time continue to assist the Centre her future activities. with its activities. annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Communication report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual reportConsAlerts annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual reportConsAlerts distribute the latest news on constitutional issues tomore than 2 600 e-mail recipients, including interested individuals,the media, the sponsors and other related organisations. The CFCRsent out 11 during the year under review. Website The Centre’s website www.cfcr.org.za is regularly updated and plays an integral role in the Centre’s communication strategy, providing access to the Centre’s submissions, articles and constitu- tional analyses. Social Media Follow us on Twitter for the latest updates on our activities: twitter.com/theCFCR page 13
  16. 16. the fw de klerk foundationannual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual Financial Statementsreport 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annualreport 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012The FW de Klerk Foundation Trust(Registration number NPO 031 061)Annual Financial Statements for the financial year ended 29 February 2012 Balance Sheet at 29 February BALANCE SHEET AT 28 FEBRUARY 2012 2012 2012 2011 Note(s) R R Assets Non‐Current Assets Property, plant and equipment 110 376 131 091 Intangible assets 61 315 61 315 171 691 192 406 Current Assets Other receivables 187 280 229 042 Cash and cash equivalents 5 230 996 4 615 023 5 418 276 4 844 065 Total Assets 5 589 967 5 036 471 Equity and Liabilities Equity Trust Capital 5 000 5 000 Accumulated income 5 578 611 5 024 901 5 583 611 5 029 901 Liability Current Liability Other payables 6 356 6 570 Total Equity and Liability 5 589 967 5 036 471The FW de Klerk Foundation Trust(Registration number NPO 031 061)Annual Financial Statements for the financial year ended 29 February 2012 Income Statement INCOME STATEMENT 2012 2011 Note(s) R R Income 3 928 189 3 642 538 Operating expenses (3 572 751) (3 868 222) Operating (deficit) surplus  355 438 (225 684) Investment revenue 198 272 257 886 Surplus for the year 553 710 32 202page 14

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