Annual Report 2011 - 2012

■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD funDraising ■ founDation staff ■ aCtivities ■ panel of experts ■ CfCr staff ■ CoMMuniCation ■ finanCial stateMents ■ Message froM the ChairMan ■ exeCutive DireCtor’s report ■ Mission ■ proMoting peaCeful resolution of ConfliCts ■ proMoting CoMMuniCation ■ researCh anD CoMMuniCation ■ aDMinistration anD

UPHOLDING SOUTH AFRICA’S NATIONAL ACCORD

■ Message from the Chairman■ Executive Director’s Report■ Mission■ Promoting Peaceful Resolution of Conflicts■ Promoting Communication■ Research and Communication■ Administration and Fundraising■ Foundation Staff■ Activities■ Panel of Experts■ CFCR Staff■ Communication■ Financial Statements

Annual Report 2011-2012

Celebrating Diversity and Working for National Unity in South Africa


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: [email protected]

Tel: +27 (0) 21 930 3622

Online: www.fwdeklerk.org

Direct Donation:Bank Name: ABSA Private Bank

Account Name: FW de Klerk Foundation TrustAccount Number: 406 009 2839

Branch Code: 632005


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 AfricaP.O. Box 15785, Panorama, 7506, South Africa

Tel: +27 (0) 21 930 3622Fax: +27 (0) 21 930 3898


Website: www.cfcr.org.za

Twitter: twitter.com/theCFCR



Upholding South Africa’s Constitutional Accord


Message from the Chairman 2Executive 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

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

Contents

annual report 2011-2012

page 1

PATHS TO PROGReSS CONFeReNCe AND GALA DINNeR

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Message from the Chairman

WHeN We established the Foundation in 1999 my vision was to create an organisation that would be able to promote the causes that I had supported during my presidency. The two primary causes that we identified were the upholding of the Constitution that we had negotiated between 1990 and 1996 - and the nurturing of positive relationships between the communities that make up our vibrant multicultural society. I felt that even though I had retired from active politics I had a residual duty to all those who supported constitution-al transformation while I was president to do everything I could to uphold the solemn consti-tutional agreements that we had negotiated.

I am happy to say - 13 years later - that the Foundation is fully playing the role that we envisaged at that time. It is able to do so because of the rights and freedoms that we helped to negotiate into our new Constitution. It is able to make use of the right to freedom of expression to participate vigorously in the national debate; it is using the courts and the Chapter 9 institutions to protect the rights of South Africans from all our communities. It is exercising the right to freedom of association to work together with a broad spectrum of civil society organisations that share its commitment to the Constitution. It also uses our open parliamentary system to make representations to parliamentary portfolio committees regarding the constitutionality of legislation.

It is heartening that civil society organisations like ours have been able to achieve success in promoting a wide variety of important national causes. I should like to stress that the Foundation has no party-political affiliation. It is eager to work with all parties to promote the goals, rights and values in the Constitution. By the same token, it opposes threats to the Constitution regardless of their origin.

I would like to take this opportunity to thank our Board for their guidance during the past

year - and to welcome two new members - Mrs Wendy Luhabe and Dr Lucky Mathebula. I would also like to thank the Centre for Constitutional Rights’ eminent Panel of Experts for their advice and mentorship and finally, I would like to thank the staff of the Foundation and the Centre for their dedication and contributions during the past year.

FW de Klerk, chairman

“It is heartening that civil society organisations like ours have been able to achieve success in promoting a wide variety of important national causes.”


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Message from the Chairman executive Director’s Report

university level and convened a meeting of leading organisations to safeguard the future of Afrikaans-medium schools. The Foundation also played a leading role in warning civil society of the implications of the National Democratic Revolution. It made repeated calls to government to enter into discussions on the problems confronting South Africa.

The highlight of our year was our annual conference and gala dinner on 2 February 2012 - which were held at the President Hotel in Sea Point. The theme of the conference was ‘Paths to Progress’. We were also delighted to be able to present the 2012 FW de Klerk Goodwill Award to Pieter-Dirk Uys. Another highlight was the awarding of the 2011 KidsRights Peace Prize to Chaeli Mycroft of Cape Town - whom the Foundation had nominated for the exceptional work of the Chaeli Campaign.

We succeeded in raising sufficient funds to assure that the Foundation will continue to play its present role into the future. We sadly accepted the resignation of Adv Nicki de Havilland, the Director of the CFCR, who has decided to pursue her personal interests. Adv Jacques du Preez joined our team, specialising in language rights and inter-community relations.

Dave Steward, executive director

“DURING 2011-2012 the Foundation and its Centre for Constitutional Rights continued to make a substantial contribution to constitutional governance and the promo-tion of multiculturalism in South Africa.

We achieved this by monitoring develop-ments that might affect the Constitution; by participating vigorously in the national debate; by networking with civil society and by making use of the courts, parliamentary committees, the Human Rights Commission and the Public Protector.

We published approximately one article per week in the national media and participated in numerous radio and TV interviews.

The Centre for Constitutional Rights made 12 oral and written submissions to parliamentary portfolio committees on various bills with constitutional implications. We also made full use of the courts and Chapter 9 organisations. During the year we were involved in litigation as amicus curiae in the case of The Cape Bar Council vs the Judicial Service Commission and in the initiation of the case of employees of the Department of Correctional Services in the Western Cape against their department because of the unfair application of demographic representivity in labour practices.

We continued our involvement in the Human Rights Commission’s consideration of the infringement of Mr Chumani Maxwele’s rights by the SAPS and we achieved a successful outcome in our intervention with the Public Protector regarding the SAPS witness protection programme. In addition, the CFCR maintained pressure on the relevant authorities to ensure that South Africans living overseas will be able to register for, and vote in, future national elections. We achieved substantial success in almost all of these all initiatives.

The Foundation continued to network with NGOs across the political spectrum and participated in joint activities to oppose the Protection of State Information Bill; to draw attention to the provisions of the Green Paper on Land Reform and to other threats to property rights. It continued to support Afrikaans at


page 4


MissionThe FW de Klerk Foundation continues the philosophical and political heritage that

FW de Klerk established when he was president by:

ABOVE: The Foundation promotes dialogue through conferences.

ABOVE: Leslie van Rooi (Stellenbosch University) and Lloyd Blake.RIGHT: Dr Warren Clewlow (board member), Dr Dawie Roodt (speaker) and Dave Steward (executive director).

ABOVE: Elita and FW de Klerk visit Woodside Special Care Centre in Cape Town.

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42

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Upholding the Constitution and the national accord on which it is based through the activities of its Centre for Constitutional Rights;

Promoting communication between leadership groups;

Commissioning research and communicating on topics of importance to South Africa’s multicultural society;

Promoting the peaceful resolution of conflicts in divided societies throughout the world; and by

Mobilising financial support for handicapped children.


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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 report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report

Promoting Peaceful Resolution of Conflicts in Divided Societies throughout the World

Cape Town, SOUTH AFRICA

Johannesburg, SOUTH AFRICACalifornia, USA

Brussels, BELGIUM

Oslo, NORWAY

London, UNITED KINGDOM

Oxford, UNITED KINGDOM

Taipei, CHINA

GERMANY

SWITZERLAND

Doha, QATAR

THe FOUNDATION HAS shared South Africa’s experience of peaceful transformation with people in a number of countries that have experienced cultural, religious or racial conflict. FW de Klerk attends numerous international conferences and makes speeches throughout the world in which he deals with problems of inter-community relations; peace and development.

Dave Steward, executive director of the Foundation was invited to address scholars and business leaders during the year under review.

During the year under review FW de Klerk delivered 19 SPeeCHeS to audiences across the globe:


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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 report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report

Promoting Communication between Leadership Groups

FW de Klerk, February 2012

Paths toProgress2 February 2012

THE FW DE KLERK FOUNDATION



Upholding South Africa’s National Accord

The FW de Klerk Foundation continues the philosophical and political heritage

that FW de Klerk established when he was president by:

• Upholding the Constitution and the national accord on which it is based;

• Promoting communication between leadership groups;

• Commissioning research and communicating on topics of importance to South Africa’s multicultural society;

• Promoting the peaceful resolution of conflicts in divided societies throughout the world; and by

• Mobilising financial support for handicapped children

THE CENTRE FOR CONSTITUTIONAL RIGHTS

Upholding South Africa’s Constitutional AccordUpholding South Africa’s Constitutional Accord


The Foundation supports the Constitution and the national accord on which it is based

through the activities of the Centre for Constitutional Rights. The Centre:

• 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

E-mail: [email protected] • Website: www.fwdeklerk.org Zeezicht Building, Tygerberg Office Park,

163 Hendrik Verwoerd Drive, Plattekloof 7500, South Africa

PO Box 15785, Panorama 7506, South AfricaTel: +27 (0)21 930 3622Fax: +27 (0)21 930 3898E-mail: [email protected] • Website: www.cfcr.org

During the year the Foundation organised the 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-will Award for 2012 was presented to Pieter-Dirk Uys, for his out-standing contribution towards promoting goodwill in South Africa. Established in 2010 by the Board of the FW de Klerk Foundation - in the spirit of FW de Klerk’s continuing commitment to national unity - the Award recognises people who have made extraordinary contributions to the advancement of unity in diversity and goodwill between South Africans. Various sponsored items, as well as a commemorative gold coin depicting FW de Klerk and Nelson Mandela, were auctioned off during the evening. Guests also stood a chance to win prizes.

“We must squarely face the fact, that although we have made great progress in many areas since 1994, we are confronted by enormous challenges that we can overcome only if we work together.”

During his long career Pieter-Dirk Uys (above) has made generations of South Africans laugh at the absurdities of racism, pomposity and bad governance. He has also educated more than 1.5-million South Africans, particularly schoolchildren, about the threat of HIV/Aids.


page 7

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 report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 2011-2012 annual report 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 on Topics of Importance to Multicultural Societies

The Media The Foundation continued to utilise the various media to convey its messages, and participated in numerous interviews on radio and television. Regular press releases were issued on the Foundation’s activities whilst articles on topical issues were published in all the major daily and weekly newspapers.

YEAR-On-YEAR RESUlTS* 2010 - 2011 2011 - 2012

Print 32 66

Online 16 31

Radio 2 7

Television 1 3

*these numbers reflect articles, interviews and mentions ofthe FW de Klerk Foundation and its Centre for Constitutional Rights (full details available upon request)

Social Media

NewsAlertsNewsAlerts are used by the Foundation to provide information on current topics to interested individuals, the media, donors and other related organisations -

37 were sent out during the year under review.

WebsiteThe 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.

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/217696894929887Follow us on Twitter: twitter.com/FWdeKlerkFoun


page 8



Administration and Fundraising

Staff The Foundation also hosted three interns during the year:

FW de Klerk met with numerous potential donors during the year under review.

Board of TrusteesThe Board of Trustees held meetings at the Wanderers Club in Johannesburg on 16 November 2011 and on 3 February 2012 at the President 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, Prof Placid Kunutu, Ms Wendy Luhabe, Dr FM Mathebula and Judge Moody Tidwell (USA).

Mosiuoa Lekota (COPE) and Herman Bailey (board member) at the “Paths to Progress” conference.

ADv JACQUES DU PREEZ was appointed as Operational Officer on 1 July 2011. He is respon-sible for monitoring any developments that might affect inter-community

relations; supporting the provisions in the Constitution that recognise and protect language, education and cultural rights. In particular, he continues the Foundation’s work in support of Afrikaans at university level; generates articles and research on multi-cultural societies and inter-community relations and takes active steps to help people claim their cultural rights.

The Foundation’s Communications Officer, IRENE SAUNDERS, resigned in September 2011 to take up a position at Parliament. The executive director and

staff wish to thank her for her dedicated and professional service.

MATTHIAS BAEUML recently completed his Master of Public Administration in International Development at the Harvard Kennedy School.“My internship with the Foundation was my first experience in a developing country and I experienced a steep learning curve. I also learned a lot from Dave Steward and during my field research.”

JENNIFER LEE (from the Council of Women World Leaders’ Gender and Public Policy Fellow-ship programme), now working for the U.S. Fund for UNICEF.“Working with Mr Steward and the Foundation gave me a better under-standing of the importance of good governance, rule of law and of the Constitution as a living document that gives citizens the rights and tools to create a just and equitable society.”

TOBIAS STROHM, now working as a teacher in Germany.“I met a friendly, cooperative and committed staff and also gained insight into one aspect of the South African society that I am especially interested in due to my profession - the South African educational system.”


page 9

Administration and Fundraising

Staff


Supporting the Constitution and the National Accord

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

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Activities

The Centre continued to establish itself as a leading and authoritative source of expertise on constitutional issues. It dealt inter alia with the following:

Bloemfontein, judicial capital of South Africa.

The Independence of the Judiciary and the Rule of Law

• Submissions: Judicial Code of Conduct (oral)• Amicus Curiae: Cape Bar High Court Review application of the JSC recommendations for High Court judges in the Western Cape• Pro bono assistance: DLA Cliffe Dekker, Adv D Irish SC and Adv J de Waal• Interviews: Judge Hlophe’s appeal (Die Burger, Argus, Sunday Tribune) | Judicial Code of Con-duct and Regulations (News24) | State Law Advisor’s competence to comment on Consti-tutionality (Mail & Guardian) | Chief Justice’s withdrawal of his acceptance of the extension of his term of office (Mail & Guardian) | One Apex Court (Business Day) |President Zuma’s nomina-tion of a new Chief Justice (Beeld, Cape Times, City Press) |Ruling in the Cape Bar Council v JSC (Die Burger, Argus) | ANC proposal to review Constitutional Court Judgments (Rapport)• Articles: “Constitutional amendment needed to hear Hlophe appeals” (Legalbrief) | “Judge Row hots up – Rights Centre and Joburg Law firm join

council” (Argus) | “Rights Centre and Jhb law firm join Bar Council challenge” (Legalbrief) | “Plan for one apex court draws flack” (Business Day) | “CJ extension amendment ‘constitutionally’ prob-lematic” (Legalbrief) | “Judges Remuneration and Conditions of employment Amendment Bill problematic” (Legalbrief) | “As the brouhaha dies around the Chief Justice” (Legalbrief) | “Another Judicial rebuke of the JSC” (Politicsweb)• ConsAlert: The JSC challenge• NewsAlerts: The Rule of Law and Constitutions in rapidly changing Societies | President Zuma and the balance between the Executive and the Judiciary• Press Release: The Constitutional court’s ruling on the extension of the Chief Justice’s term of office• Liaised with: Members of the JSC regarding possible strategy of boycotting JSC procedures• Research document: Constitutional Assembly discussions surrounding provisions governing judicial appointments

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Freedom of Expression• Submissions: The Protection of Information Bill (written) | Press Freedom Commission• Furnished legal opinion on: The constitutionality of the reach of the Bill to the Portfolio Committee and opposition parties | To opposi-tion parties on constitutionality of proposed concessions by the Government on the Protec-tion of Information Bill• ConsAlert: Black Tuesday• NewsAlert: The need for dialogue on hate speech• Interviews: “Protecting State from Security” (Star) | “The M&G v The President” (Beeld)• Liaised with: SAHRC on complaint regarding the unlawful and unconstitutional behaviour of the President’s Special Protection Unit concern-ing Mr Maxwele | Advised SAHRC on procedure, powers and furnished directives on timeline | Placed SAHRC on terms | Liaised with influential members of the public regarding possible pres-sure group and with victim’s attorneys regarding civil claim | Filed answering affidavit to Minister’s response and Notice of Appeal | Advised SAHRC on unlawfulness of Minister’s grounds of appeal• Collaborated with: R2K civil society group opposing the Protection of Information Bill | Further liaison with the Swedish Liberal Party• Participated in: International research questionnaire regarding public opposition to draft legislation

The Right to vote• Liaised with: The South African Law Reform Commission on draft legislation enabling all South Africans living abroad to vote | Depart-ment of Home Affairs regarding draft legislation on the right to vote | IEC regarding proposed draft legislation | Democratic Alliance regarding their proposed private members Bill

Language and Cultural Rights• Submissions: The SA Languages Bill• Seconded motion: University of Stellenbosch (US) Convocation regarding the decline of Afrikaans• Monitored: developments affecting the status and use of Afrikaans in high and primary schools | decrease in number of single-medium Afrikaans schools in South Africa• Support: To advance and strengthen PanSAT• Participated in: National debate concerning Afrikaans as an academic language medium and the advancement and protection of Afrikaans at university level, particularly at the US | High-level brainstorming session hosted by the Afrikaanse Taalraad in Pretoria• Liaised with: Academics (including Prof H Giliomee), student organisations and other interested parties regarding future strategy concerning Afrikaans at university level | Coloured employees of the Western Cape Department of Correctional Services (DCS) to address unfair employment practices • Pro bono assistance: for DCS employees• Lodged complaint: SAHRC regarding hate speech by Rev Keno Waters• Articles: “Staak die Foltering” (Cape Argus) | “Taaldebat Vat Vlam” (Die Burger) | “Gee Terug Ons Taal” (Rapport) | ”Maaties moet nou daad-werklik optree oor taal” (Die Burger) | “Matie Rektor reik die hand” (Rapport) | “Ons is besorg oor die US se taalbeleid” (Litnet) | Konsep-Taal-wet is tandeloos” (Die Burger)• NewsAlerts: Legal Position of Refugees in SA | Transformation of the Judiciary and Organs of State | The FW de Klerk Foundation comments on the South African Languages Bill, 2011 | Con-cerns about the SA Languages Bill |The Need for Dialogue on Hate Speech• Press Release: The FW de Klerk Foundation responds to Hate Speech by Rev Kemo Immanuel 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


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Crime• Submission: Police Service Amendment Bill (written)• Advised: Commercial fraud whistleblowers • Drafted: Formal complaint to State President on the failed Witness Protection Programme (WPP) | Heads of Argument for WPP members for meeting with the Minister of Justice and Constitutional Development | Letter from WPP members to the State President • Prepared: Quantum claim for WPP members against the Programme• Represented: WPP members in negotiations with the Acting Director of the Programme | WPP members at mediation with the Public Protector and the acting head of the Programme

Property Rights and Land Reform• Submissions: The Draft Spatial Planning and Land Use Management Bill | The Local Govern-ment: Municipal Property Rates Amendment Bill | The Draft Green Paper on Land Reform

General• Published: 5th South African Human Rights Report Card on Human Rights Day, 21 March 2011• Provision of assistance to 52 groups and/or individuals regarding: The right to mother tongue education; the rights of criminals; land use planning; local government elections and councillor’s rights; the right to fair

labour practices; the child’s best interest and adoption; prisoners’ rights; the right to legal assistance; economic partnerships and constitutional rights; the right to disability grants; the right to access to information and just administration within the workplace; the powers of Chapter 9 institutions; religious rights; the right to a fair trial; the right not to have immovable property sold in execution; the right to basic education; alleged corruption in the Magistrate’s Commission; the right to presi- dential pardon; the NHI; property rights, especially new mining rights and, the prosecu-tion of serious economic offences• Constituted Panel of Associates• Consulted with: Opposition parties regarding undesirability of making Higher Education exclusive national competency • Attended: KAS/NWU conference on Good Governance; attended and delivered paper entitled “The role of Good Governance in ensuring the enjoyment of Human Rights” | SAIS roundtable discussion on fighting corruption• Articles: “Human Rights Report Card” (Poli-ticsweb, Cape Argus) | “All citizens must accept equal responsibility for the future of South Af-rica” (Cape Argus) | “The road to South Africa’s grim past” (TygerTalk)• ConsAlerts: Human rights Report Card | Saps raid on the PP• NewsAlerts: Military veterans and the need for reconciliation | The Separation of Powers

The Supreme Court of Appeal, Bloemfontein.

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Social Media


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Panel of experts

Staff

Communication

The CFCR Panel of Experts held meetings at the Wanderers Club in Johannesburg on 3 June 2011 and on 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 the Centre is Judge Ian Farlam (right).

ADv NICHOLA DE HAvILLAND, Director of the CFCR since January 2009, left the Centre at the end of January 2012 to pursue personal interests. Adv De Havilland remains a member of the CFCR’s Panel of Experts and will from time to time continue to assist the Centre with its activities.

ConsAlertsConsAlerts distribute the latest news on constitutional issues to more than 2 600 e-mail recipients, including interested individuals, the media, the sponsors and other related organisations. The CFCR sent out 11 during the year under review.

Follow us on Twitter for the latest updates on our activities: twitter.com/theCFCR

Chairman FW de Klerk, Dave Steward, executive director of the FW de Klerk Foundation and staff at the Foundation and CFCR would like to thank Adv De Havilland for her enormous contribution to the Centre’s activities during the past five years and for her tireless dedication to the promotion and defense of the Constitution. They wish her every success and happiness in her future activities.

WebsiteThe 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.


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The FW de Klerk Foundation Trust(Registration number NPO 031 061)Annual Financial Statements for the financial year ended 29 February 2012

BALANCE SHEET AT 28 FEBRUARY 20122012 2011

Note(s) R R

Assets

Non‐Current AssetsProperty, plant and equipment 110 376 131 091Intangible assets 61 315 61 315

171 691 192 406Current AssetsOther receivables 187 280 229 042Cash and cash equivalents 5 230 996 4 615 023

5 418 276 4 844 065Total Assets 5 589 967 5 036 471

Equity and Liabilities

EquityTrust Capital 5 000 5 000Accumulated income 5 578 611 5 024 901

5 583 611 5 029 901Liability

Current LiabilityOther payables 6 356 6 570Total Equity and Liability 5 589 967 5 036 471

The FW de Klerk Foundation Trust(Registration number NPO 031 061)Annual Financial Statements for the financial year ended 29 February 2012

INCOME STATEMENT2012 2011

Note(s) R R

Income 3 928 189 3 642 538Operating expenses (3 572 751) (3 868 222)Operating (deficit) surplus 355 438 (225 684)Investment revenue 198 272 257 886Surplus for the year 553 710 32 202


Financial Statements

Balance Sheet at 29 February 2012

Income Statement

Technology

Annual Report 2011 - 2012