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ARTICLE: EWC OR ECONOMIC RECOVERY?

The Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution convened a “constitutional dialogue” in Cape Town on 6 November 2019 to which it invited members of the public and civil society organisations – including the FW de Klerk Foundation’s Centre for Constitutional Rights (CFCR).   

The Ad Hoc Committee was appointed by Parliament following a resolution by the National Assembly on 6 December 2018, “to initiate and introduce legislation amending section 25 of the Constitution”. The Ad Hoc Committee was tasked with making “explicit that which is implicit in the Constitution” regarding expropriation without compensation (EWC) and was required to finalise its work by 31 March 2020.  

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ARTICLE: THE CONSTITUTIONAL COURT AND GELYKE KANSE: WHAT HAPPENED?

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On October 10, 2019, the Constitutional Court ruled in the case in which Gelyke Kanse (GK) asked that the 2016 Language Policy of the University of Stellenbosch (SU) be set aside because it is unconstitutional. GK’s application was essentially an appeal against the Western Cape High Court’s earlier ruling, and a request to bypass the Supreme Court of Appeal (SCA) and approach the Constitutional Court directly. This was allowed.

The overall verdict – with which all 10 judges agreed – was written by Judge Edwin Cameron (who was recently appointed new Chancellor of the SU). There are also two additional rulings, one by Chief Justice Mogoeng Mogoeng and the other by Judge Johan Froneman, which provide additional perspectives.

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ARTICLE: PRESIDENT RAMAPHOSA’S SCORECARD – AGAIN …

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There are few issues that are discussed as often as the success (or not) of President Cyril Ramaphosa – even during Rugby World Cup time. Everyone (except the Zuptas and EFF) wants him to succeed and believes that he will succeed. But doubts erode this trust every time something negative happens in the country: whether it’s yet another SOE demanding a lifeline, or  the case of a student raped and murdered by a public servant. And the recurring refrain is that if Cyril does not succeed soon, there will be no economy or country left to save. William Saunderson-Meyer recently posed the question: can he be referred to as Cyril the Tiger, or is he merely Puss in Boots?

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LETTER TO THE EDITOR: CITIZEN NEWSPAPER

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Dear Madam/Sir

I refer to your article of 6 October 2019 titled “The policy that has seen R60m spent since 2016 on former Presidents and their wives” dealing with the benefits afforded to former Presidents. 

The article quotes DA MP Leon Schreiber – referring to “the lifestyles of the rich and shameless” – and claiming that

“…taxpayers foot the bill of the lifestyles of six former presidents, deputies and their families….We spend about R3.5 million per year on each former president…” and “this is all on top of the generous pension benefits and the R3 million annual salary each president continues to receive for the rest of their lives.” 

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ARTICLE: WHOSE HERITAGE?

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Today is Heritage Day. This day was placed on the calendar after the 1994 negotiated settlement. The celebrations differ from South African to South African, but on the first commemoration of Heritage Day in 1995, President Nelson Mandela said the day was introduced because the government realised that “our rich and diverse cultural heritage has the power to help us build our new nation”. Heritage is therefore not only intended to celebrate diversity, but also to help build unity.

It is interesting that 24 September was initially not on the list of public holidays when the Public Holidays Bill was presented in Parliament in 1995. The Inkatha Freedom Party insisted that this day, upon which the Zulu nation traditionally celebrated Shaka Day (commemorating the Zulu King’s conciliatory role between the different Zulu tribes), be added to the list of public holidays. The compromise accepted was that the day would be called Heritage Day – and would apply to all South Africans, and not just to the Zulus.

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ARTICLE: CAN CYRIL AND TITO’S ECONOMIC KITE FLY?

The Centre for Development and Enterprise (CDE) issued a report on 28 August entitled “Running out of Road: South Africa’s public finances and what is to be done”. They conclude that if South Africa does not overcome its fiscal crisis, there will be no accelerated economic growth. However, the opposite is also true: if we don’t start growing the economy, we will not be able to cope with the fiscal crisis. South Africa needs an uncompromising growth strategy, which must be applied strictly. CDE Chief Ann Bernstein warns that Government and the ruling party do not seem to fully realise how profound the changes are that are needed and how much leadership it will take from the President to get it right.

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ARTICLE: THE ANC’S DISASTROUS NATIONAL HEALTH INSURANCE PROPOSAL

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There is nothing wrong with first world national health schemes if you are a first world country.  Unfortunately, South Africa is not a first world country and simply does not have the resources or manpower to achieve the ambitious objectives of the ANC’s proposed National Health Insurance (NHI) scheme. 

As it stands, the NHI has the potential to cause more havoc than even the dire prospect of expropriation without compensation. If it is implemented as envisaged it will have a direct impact on the lived experience of South Africa’s multi-racial middle class, millions of South Africans who already bear a heavy tax burden.  If parents with sick children have to wait for weeks for medical appointments – and for yet more weeks to see specialists – their frustration and anger will dominate their lives.   And to make things worse, the NHI will not make any difference to the presently crippled and defunct public health system.

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ARTICLE: ELIMINATE THE IMPRESSION OF WRONGDOING, MR PRESIDENT

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The relentless saga surrounding the CR17 presidential campaign’s funding is still in full swing. For ordinary South Africans, it is clear that the Public Protector (PP) has it in for President Ramaphosa and some of his supporters, especially Pravin Gordhan and Derek Hanekom. And the leaked information about the donors and recipients of some of these funds raises quite a few questions.

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ARTICLE: SECTION 25: TO AMEND OR NOT…

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The report of the Presidential Advisory Panel on Land Reform and Agriculture was presented to President Ramaphosa on 4 May 2019 and made available to the public in July. Even before this date, two panelists – Dan Kriek (president of AgriSA) and Nick Serfontein (well-known farmer) – decided to hand over a minority report to the President. It was made available to the public after the main report.

What are the key differences between the main report and the minority report? Why did these two respected panelists find it necessary to draft a minority report? The differences can be summarised in three groups: process issues, style and ideological issues and substantive issues.

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