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16.01.24 Pt 2 - Advocate Mark Oppenheimer joins the team to delve into the history and basics of the concept of democracy. www.cliffcentral.com
Advocate Mark Oppenheimer joins Gareth Cliff to discuss South Africa's genocide case against Israel at the International Court of Justice. WARNING: Disturbing content. The Burning Platform
Advocate Mark Oppenheimer joins Gareth Cliff to discuss South Africa’s genocide case against Israel at the International Court of Justice. WARNING: Disturbing content. NOTE: Adv. Mark Oppenheimer incorrectly makes reference to India instead of Pakistan in this interview - apologies for the error. The Burning Platform The Burning Platform
Advocate Mark Oppenheimer joins Gareth Cliff to discuss South Africa’s genocide case against Israel at the International Court of Justice. WARNING: Disturbing content. NOTE: Adv. Mark Oppenheimer incorrectly makes reference to India instead of Pakistan in this interview - apologies for the error. The Burning Platform The Burning Platform The Burning Platform
South Africa's Constitution is widely lauded, but how strong is constitutional democracy and the rule of law in SA? In this episode of Solutions With David Ansara, I speak with Advocate Mark Oppenheimer of the Johannesburg Bar about defending South Africa's Constitution. We discuss Mark's new podcast, Constitutional Landmarks, which explores the most significant judgements handed down by the ConCourt since its inception, including the Nkandla judgement against former president Jacob Zuma, the abolition of the death penalty, the Truth and Reconciliation Commission (TRC), gay marriage, and access to HIV/AIDS treatment. Mark and I discuss the origins of the Constitution, which is the product of a negotiated political settlement between the outgoing Apartheid regime and the incoming ANC government. As a result, the final document became something of a patchwork of compromises and political agreements. Mark points out that one of the founding values of the Constitution is non-racialism: "The original meaning of the term is that you don't allocate burdens and benefits on the basis of race, he says. "People ought to be judged on the content of their character and not the colour of their skin." However, Mark notes that the principle of non-racialism is often contradicted by government policy and social behaviour. He highlights the recent elections for the Legal Practitioners' Council, the body that runs his profession, where certain seats were allocated on the grounds of race. This has resulted in black female candidates being removed from their seats for being 'overly-represented'. "The Constitution promises certain things, but as a society we still need to work quite hard to ensure that those are provided," Mark says. We also discuss the notion of redress for past wrongs, and the folly of the proposed amendments to section 25 of the Constitution (the Property Rights Clause), as well as whether the Truth and Reconciliation Commission achieved a just outcome for victims of gross human rights violations. How do we as ordinary citizens ensure that we uphold the values of the Constitution, I ask? Protecting and upholding constitutional principles requires active citizens bringing cases before the Constitutional Court, Mark says. NGOs and other interested parties can do this, but litigation is expensive. Crowdfunding initiatives such as those run by organisations like the Institute of Race Relations and Afriforum can do a lot to shape our constitutional framework, he says. Mark notes that a Constitution is not simply a piece of paper. "It's not only about rights, it's a culture," he says. This requires us to hold government to account and ensure that our rights are protected. "The price of freedom is constant vigilance," he says. "If you do nothing, then tyranny will prevail." TIMESTAMPS (00:00) Intro (00:41) Mark Oppenheimer on his new podcast, 'Constitutional Landmarks' (03:11) Mark Oppenheimer on the history of the South African Constitution (09:08) Mark Oppenheimer on equality (11:50) Mark Oppenheimer on the supremacy of the Constitution (15:20) Mark Oppenheimer on strengthening the rule of law (18:09) Mark Oppenheimer on Expropriation Without Compensation (22:05) Mark Oppenheimer on the Truth and Reconciliation Commission (32:25) Mark Oppenheimer on 'Transformania' (36:07) Mark Oppenheimer on the Judicial Services Commission (38:28) Mark Oppenheimer on defending the constitution (40:19) Mark Oppenheimer on his appearances before the Constitutional Court (43:29) Conclusion RESOURCES SUBSCRIBE to 'Constitutional Landmarks' on YouTube: https://www.youtube.com/c/ConstitutionalLandmarks LISTEN on your preferred podcast app: https://anchor.fm/constitutional-landmarks
Advocate Mark Oppenheimer is a South African advocate with a special interest in free speech, constitutional law, municipal law, and commercial disputes. He has published articles about property rights, freedom of expression, and affirmative action. He has been called upon for legal commentary on both TV and radio. He also hosts a podcast that deals with the Constitutional Court's landmark cases. ---- Guest Links ----- https://www.youtube.com/channel/UCR_A... https://web.facebook.com/mark.oppenhe... WorldView is a media company that delivers in-depth conversations, debates, round-table discussions, and general entertainment. Most of our content will be focused on news and politics, centered on South Africa. But the rest will be chats with figures around the world and from all walks of life to create a package that will inevitably broaden your WorldView. ---- Links ----- https://twitter.com/Broadworldview https://web.facebook.com/BroadWorldView You can donate at https://www.patreon.com/user?u=461365... Music: https://www.bensound.com
Adv. Mark Oppenheimer joins me to dissect the latest Constitutional Court case that allowed candidate registrations to be reopened in time for the Local Government Elections. Website: https://morningshot.co.za/ Merch: https://morningshot.co.za/store/ Coffee: https://morningshot.co.za/store/250g-Morning-Shot-Espresso-p390028965 Facebook: https://www.facebook.com/MorningShotZA Twitter: https://twitter.com/MorningShot1
Advocate Mark Oppenheimer joins Chris Hattingh to discuss the Qwelane judgment and implications for freedom of speech in South Africa.
Why is free speech an important value in a democratic society and what are the threats facing freedom of expression in South Africa? How do we balance free speech against other constitutional values, such as dignity and equality? In this episode of 'Solutions With David Ansara', David speaks to Advocate Mark Oppenheimer about proposed amendments to South Africa's Promotion of Equality and the Prevention of Unfair Discrimination Act (PEPUDA). Mark and David highlight various problems with the Amendment Bill, including its proposed redefinition of the terms 'equality' and 'discrimination', as well as its overly-broad conception of liability. They also discuss the importance of tolerance for the free exchange of ideas in society. TIMESTAMPS (0:00) Intro (0:46) What is PEPUDA? (1:45) Redefining 'equality' + 'discrimination' (4:20) Equality of outcomes vs. equality of opportunity (7:04) Liability for unintentional acts (10:17) The tension between dignity + free speech (10:41) Vicarious liability (13:55) The risk to NGOs + civil society (16:43) The Equality Court (19:34) Litigation costs (22:23) Implementation problems (24:41) Examples of perceived 'discrimination' (28:37) The importance of tolerance (32:31) Public participation processes (35:30) Conclusion RESOURCES Promotion of Equality and the Prevention of Unfair Discrimination Act Amendment Bill (2021) Promotion of Equality and the Prevention of Unfair Discrimination Act (2000) Have your say on the PEPUDA Amendment Bill (DearSA)
Jerm — Advocate Mark Oppenheimer chats about whether or not, during a time of crisis, the spread of information should be restricted. Full conversation
JOHANNESBURG — Advocate Mark Oppenheimer of the Johannesburg Bar is probably the most sensible and rational voice you'll hear when it comes to those opposing a current process to change the Constitution to allow for expropriation of land without compensation in South Africa. After attending a recent summit where various interested parties came together to discuss their opposition to land EWC, Oppenheimer had an opportunity to chat to us at BizNews again about what can be done now to fight back against a recent move by Parliament to amend the Constitution. What makes this situation tricky is that there's a lot of uncertainty around what the wording of an amendment would entail exactly. President Cyril Ramaphosa has previously tried to allay fears around threats to private property rights and suggested the changes might only entail a clarification of what exists currently in the Constitution. But by changing the Bill for Rights itself for the first time in our young democracy's history, we are entering risky waters as Oppenheimer explains in this interview. - Gareth van Zyl
CliffCentral.com — It’s almost become the buzzword we’re hearing more and more in the news and social conversations: hate speech. What does it constitute? What defines an open, democratic society? Why is the Hate Speech Bill still such a heated conversation point? Using the Velaphi Khumalo racial slur case as an example, amongst others, Gareth takes on these questions in this conversation with Advocate Mark Oppenheimer.
Advocate Mark Oppenheimer explains how hate speech is defined by the Constitution and what the virtues of free speech are in a liberal democracy. The Hate Speech Bill is analysed and Mark comments on its effects on the purveyors of hate speech in South Africa. See acast.com/privacy for privacy and opt-out information.
JOHANNESBURG — The land question in South Africa …
Advocate Mark Oppenheimer joins Verity to clarify the motion of expropriation without compensation, debunks myths about land ownership and details the Constitutional Court's previous judgments on property rights. See acast.com/privacy for privacy and opt-out information.