The FW de Klerk Foundation welcomes the passing of the Public Audit Amendment Bill (the Bill) by the National Assembly on 29 May 2018. The Bill gives the Office of the Auditor-General (AG) more powers to effectively address maladministration.The Bill will empower the AG to refer adverse findings in its reports to investigative bodies at all levels of government, as well as state-owned entities. 

The specific amendments will permit the Office of the AG to refer gross irregularities to authorities, including the National Prosecuting Authority, as well as the Public Protector, to recover funds lost due to non-adherence to the Public Finance Management Act, from accounting officers. This includes fraud, theft or any breaches of fiduciary duty where significant harm to the general public or a public entity occurs. 

The FW de Klerk Foundation has with sadness taken note of the news that former business leader and Cabinet member, Derek Keys, has passed away. Having played an outstanding role in our transition to democracy, he served in both the Cabinets of former President FW de Klerk and President Nelson Mandela. In his response to the death of Mr Keys, former President De Klerk said: “He was a remarkable man who served South Africa in an exemplary manner. He deserves special respect regarding his work during the Constitutional negotiations. We have lost a great South African.”

Mr Keys, a respected business leader in his own right and at the time Chairman of the mining house Gencor, became Minister of Finance in 1992 and served until September 1994, the latter part in the first Cabinet of the new South Africa. After his political career, he continued to serve on the boards of several companies. 

I remember Winnie Madikizela-Mandela as a fearless person, with a strong personality, who never hesitated to speak the truth as she saw it. For that I have admiration. There is also the dark side of her reputation and history, which one does not delve into at a time such as this. 

I remember from my personal experience, a common humanity. She for example, attended the funeral of the late Marike, my first wife. My wife Elita and I also went to visit Winnie after her great-grandchild died in the car accident, and she welcomed us so warmly. There was a humanity to her that deserves great appreciation.  

The FW de Klerk Foundation was shocked to hear the news of Winnie Madikizela-Mandela’s death. She was one of the dominant figures over the last 20 or 30 years in South Africa and was regarded by the ANC as the Mother of the Nation. Winnie Madikizela-Mandela was larger than life. She was always outspoken, sometimes controversial and will be much missed by her followers and by her friends.

The FW de Klerk Foundation would like to convey their condolences to her family and friends. 

The FW de Klerk Foundation welcomes today’s announcement by the current (albeit it embattled) head of the National Prosecuting Authority (NPA), Adv Shaun Abrahams, to reinstate the charges of corruption, money laundering, racketeering and fraud against former President Jacob Zuma. This brings to an end a decade of litigation over the initial NPA decision in 2009 to withdraw the charges levelled against former President Zuma. Given the uninspiring record of the NPA in the prosecution of politically-connected individuals, there is perhaps need for cautious optimism. Nevertheless, with the overwhelming public interest and the presence of a vociferous and robust civil society and the possibility of private prosecution, it is hoped that the NPA will be true to its constitutional mandate of prosecuting without fear, favour or prejudice.

Introduction
The FW de Klerk Foundation (FWDKF) was established to protect and promote the Constitution. This we do through the work of two Centres: the Centre for Constitutional Rights (CFCR) and the Centre for Unity in Diversity (CUD). For 2017 and 2018, the general theme of our work is Property Rights and Land Reform.

The choice of theme by the Foundation preceded the current debate on Expropriation Without Compensation (EWC), sparked by the resolution tabled in Parliament in February 2018. This is in fact testimony of the commitment of the Foundation to land reform and the institutionalisation of property rights for all South Africans.  Furthermore, we believe that the Constitution offers sufficient means and measures to effect land reform within the precepts of section 25 and we remain studiously committed to its implementation as it stands.   

As a Foundation with its two Centres, we offer this position on EWC as a contribution to the essential and ongoing debate in this regard. This position will be extended as the debate continues.

Since his narrow victory and election as president of the ANC, Cyril Ramaphosa has had to consolidate his power base cautiously and slowly. He has had to walk the tightrope of fighting corruption and state capture and providing good governance on the one hand, and building unity and striving for reconciliation within the ANC, on the other. In politics, compromise is part and parcel of what any leader faces. The Cabinet appointed yesterday carries the hallmark of this dilemma.

The good news is that he got rid of the worst of the Zumaites: Bongo, Brown, Mahlobo, Maswanganyi, Mbalula, Mkhize, Muthambi, Nhleko, Van Rooyen and Zwane. In this way, he “cleansed” strategic (especially economically-related) portfolios and replaced them with able, experienced and loyal ANC leaders. Examples of this trend are Pravin Gordhan (Public Enterprises), Nhlanhla Nene (Finance), Naledi Pandor (Higher Education and Training), Lindiwe Sisulu (International Relations and Cooperation), Gwede Mantashe (Mineral Resources), Derek Hanekom (Tourism), Blade Nzimande (Transport), Bheki Cele (Police) and Jeff Radebe (Energy). For the same reason, he kept some able and loyal ministers in their portfolios (such as Angie Motshekga in Basic Education).

Millions of South Africans are celebrating the departure of Mr Jacob Zuma, albeit under great duress, with an initial intransigence and a final goodbye just before 23h00 on 14 February. The nation has suffered politically, economically and socially, during his corrupt, strongman and divisive time in office. 

The FW de Klerk Foundation is delighted that change is on the horizon and congratulates the Acting President, Mr Cyril Ramaphosa. He has the weighty task to undo the legacies of his predecessor and set South Africa on a course of unity and renewal.  

The odds were stacking up against Mr Zuma in the last few days and hours leading to his resignation, two hours short of a midnight deadline set by his colleagues in the ANC. The well-known saying, “…was he pushed, or did he jump?” comes to mind. Increasingly it is being revealed that behind-the-scenes activity indicates an ANC NEC that developed a remarkable unity on the imperative for Zuma to go. Added to this development was the possibility of interparty cooperation regarding a motion of no confidence. Perhaps this demonstrates a maturing of the democratic project in South Africa.