Martin van Staden

Libertarian Jurisprudence & Free Market Economics



The Real Digital Divide
The Constitution and the Rule of Law
Pillars of Constitutionalism

The Real Digital Divide


South Africa has had a tumultuous history since apartheid central planning ended in 1994. Unemployment has skyrocketed and economic growth has recently come to a virtual standstill. However, one of South Africa’s few success stories has been its ICT industry, which is widely regarded as being of first world quality, with 98% mobile coverage and the recent speedy rollout of fiber. The South African government, however, with its new telecommunications policy, stands to reverse this progress, by seeking to re-introduce a monopoly into the sector and placing burdensome obligations on an industry which has only now begun to see a healthy proliferation of small and emerging service providers.

In this monograph the authors tell of the success of the ICT industry and how government regulations should not act as a barrier to what has become the most viable vehicle for socio-economic transformation in South Africa.

The Free Market Foundation is an independent public benefit organisation founded in 1975 to promote and foster an open society, the rule of law, personal liberty, and economic and press freedom as fundamental components of its advocacy of human rights and democracy based on classical liberal principles. It is financed by membership subscriptions, donations and sponsorships.



Despite South Africa’s troubled history and turbulent present, higher education in this country has been of a quality and standard which the rest of Africa could only hope to achieve within this century. International experts and intellectual pioneers have walked and currently walk the halls of South Africa’s universities, but with the radicalisation of campuses under the #FeesMustFall banner, this success story stands to be undone.

Fallism: One Year of Rational Commentary is an edited compilation of articles and essays written by contributors to the Rational Standard since more or less the time when the #RhodesMustFall movement sprung to life, through to the end of 2016, when #FeesMustFall managed to shut down most of South Africa’s premiere universities before the fourth quarter had truly begun. While it represents a diversity of views, the common thread throughout the text is an opposition to irrationality and the politicisation of higher education.

The Rational Standard is a division of Rational Publications (Pty) Ltd, which published Fallism. African Students For Liberty generously funded the book.

The Constitution and the Rule of Law (upcoming)

In his first law book, Martin explains what ‘the Rule of Law’ is all about and how it may (and should) find expression in South Africa by operation of section 1(c) of the Constitution, which provides that South Africa is founded on the supremacy of the Constitution and the Rule of Law.

The Constitution and the Rule of Law: An Introduction, is expected to be published by the Free Market Foundation in 2018.

Pillars of Constitutionalism (upcoming)