Item 22 from the constitution

April 25, 2011 in Sonder kategorie

22. Freedom of trade, occupation and profession.

Every citizen has the right to choose their trade, occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law.

Perhaps we need to look a bit deeper at this part of the constitution and discuss whether the actual handling of this by the current regime is within the spirit of the constitution.

 

The constitution says that practice of a trade/occupation MAY be regulated….now what exactly does that mean? Perhaps:

 

That only a pre-determined number of people may practice a trade/occupation?

That only members of a certain race may practice a trade/occupation?

That a percentage of a certain race may practice a trade/occupation?

That a trade/occupation may only be practiced by a certain party’s members?

That a trade/occupation may only be practiced at certain times of the day?

That a trade/occupation may only be rewarded in a certain way?

That unions may prevent people from doing their trade or occupation?

 

Even more, what does the spirit of the constition say about reasons for for regulating or timeframes of said regulation?

 

To me it is clear that the ANC regime has taken this way outside the spirit of the constitution. They have used this MAY, to effectively rob bright people of their rights and the community at large of the talents of those people. Clearly the breakdown of infrastructure and the lack of the most basic of services show this up.

 

Blikskottel…thinks it’s time that the concourt is forced to rule on this.

7 antwoorde op Item 22 from the constitution

  1. Unicorn007 het gesê op April 25, 2011

    What “MAY” means is simply this: It would not be adviseable for anyone who feels like it to practise as a medical doctor. Therefor the practise of medicine is regulated by stipulating certain academic and practical qualifications. I am sure you would agree that it would be highly undesirable for someone with a grade 8 school leavers qualification to perform heart bypass surgery.

    Similarly it would be undesireable for unqualified people to build bridges, design houses, audit books or represent parties in complicated legal disputes.

    Regulation is essential.

  2. TS het gesê op April 25, 2011

    Ja in die woorde ‘jy mag’ lê baie moontlikhede – maar hoe uitvoerbaar sal mens nooit weet nie.

  3. No argument agains what you write, although the ANC is clearly screwing these things up badly as well. That they have taken this way beyond what the spirit of the constitution is, is a fact as well. It has become a political tool, something which that regulation has never been meant to be. Surely you cannot disagree with the facts as seen daily in RSA.

    Just have look at the brdges that have fallen down in Limpopo, criminals getting parliament posts, DG’s who fail miserably…perhaps you could visit Parys and see what politcal regulation have done to our once beautufull town.

  4. Yip, there is our Easter egg!!

  5. Oforth het gesê op April 25, 2011

    Funny thing is that the word “MAY” also occure in the Alienation of land Act, where it stipulates that the minister “may” intervene if someone gets totally screwed over in a corrupt property deal as is happening all over the country. Has the minister ever intervened? Like by creating a property tribunal. No, because he does not give a [email protected] The party collective is too busy intevening to give there own mates jobs under Item 22. And when the media relay this fact to the public The Party Collective is quick to scream for a Media Tribunal.

  6. Even worse is that it also say property and not just land may also be taken away for redistribution purposes.

  7. How did we ever get into this situation. If our constitution is one of the best, well then the rest of the world is screwed even worse…

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