View Archived Content

ARTICLE: WILL “REVOLUTIONARY MORALITY” HAMPER CORRUPTION AND STATE CAPTURE?

theuns eloffIt is finally clear after the NEC of the ANC’s 8 January statement (which was, as usual, delivered by the current president) that there will be a new ANC president on 8 January, 2018. It is also clear that the groups within the NEC had to reach a compromise on the declaration, but that the group concerned about Zuma’s leadership and negative example was slightly on the winning side.

A closer reading of the entire written speech (which was not delivered in full, due to the weather conditions) shows that this is a carefully balanced statement covering a wide range of issues. But it also covers issues that Zuma (or his supporters) would not have included. One of these is the assurance that the nuclear programme will only be implemented at a pace and cost that the country can afford – the first time that something like this has been said publicly. The other issue is corruption (and with that factionalism, with money as undertone). Two other recent statements also referred to this.

Read More »

ARTICLE: THE COMMISSION OF INQUIRY AND NEC CONFIRMATION OF ZUMA’S PRESIDENCY – WHAT DOES 2017 HAVE IN STORE FOR US?

zuma parliament foterThe deadline for President Zuma to appoint the commission of inquiry as per the Madonsela State Capture Report, came and went quietly at the end of November. Hours before the deadline,  the President submitted a court application to review the Madonsela Report and its recommendations. With such an action, the recommendations are temporarily suspended. He and his legal advisors apparently don’t take any chances.

His argument is that her directive is invalid because he, as per the Constitution, did not decide independently to appoint such a Commission and that only he (and not the Chief Justice) can take this action. Mr Zuma further argues that he may not be judge and jury in his own court, as the Commission would have to report to him.

The Constitution does indeed state in section 84(2)(f) that the President is responsible for appointing commissions of inquiry. On the other hand, section 96(2)(b) provides that members of the Cabinet and Deputy Ministers may not “act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and their private interests”. Surely that which applies to the Cabinet should also apply to the head of the Cabinet.

Read More »

ARTICLE: IS SASSA EATING THE POOR?

On 23 November 2016, Parliament’s Standing Committee on Public Accounts (SCOPA) in the National Assembly called the Minister of Social Development, the Auditor-General and members of the Hawks, together with the South African Social Security Agency (SASSA), to a hearing on the weighty matter of irregular, fruitless and wasteful expenditure.

Read More »

ARTICLE: DID THE COMMISSION OF INQUIRY ON STATE CAPTURE UNINTENTIONALLY EXTEND JACOB ZUMA’S POLITICAL SHELF LIFE?

zumaThe previous Public Protector’s report on state capture has been released and the political impact of the report and its findings have already been felt, and will be for some time. What happens after the Commission of Inquiry (the Commission) publishes its report, findings and recommendations? What influence will these have on the Zuma presidency and his successors?

The recommendation of the Public Protector is that the President appoints a Commission of Inquiry within 30 days. This must therefore take place by 2 December. For this to happen the President requires the name of the designated Chairman very soon – as identified by Chief Justice Mogoeng. The Commission has 180 days to complete its work.

Read More »

ARTICLE: THE CONSTITUTIONAL COURT IMPLIES THAT CULTURAL TRADITION FOUNDED IN HISTORY FINDS NO RECOGNITION IN THE CONSTITUTION

CREDIT IOLThe renaming of streets and places must be handled with the greatest sensitivity. All South Africans should feel that they and their cultures are fully represented in street and place names. The Constitution declares that South Africa belongs to us all, united in our diversity.

The recent Constitutional Court judgment in City of Tshwane Metropolitan Municipality v AfriForum regarding the renaming of streets in Pretoria shows how important it is for all sides to deal with contentious issues arising from our deeply divided past with the greatest sensitivity. The judgment has implications that far transcend the question of geographic place names. 

Read More »

ARTICLE: THE ORIGINS, INTENTIONS AND CONSEQUENCES OF THE EXPROPRIATION BILL

parliament interior sabcThere should be no doubt about origins, intentions and consequences of the Expropriation Bill that President Zuma is about to sign into law.

The Bill has its origins deep in the ANC’s National Democratic Revolution (NDR) which calls for “the elimination of apartheid property relations”. This, according to the ANC, will require “the redistribution of wealth and income to benefit society as a whole, especially the poor” – and in particular “the deracialisation of ownership and control of wealth, including land…”   In 2007 the ANC stated that “the central task in the current period is the eradication of the socio-economic legacy of apartheid; and this will remain so for many years to come.” 

Read More »

ARTICLE: JUDGE JANSEN, THE CULTURE OF RAPE AND RACISM

dws2016The hapless Judge Mabel Jansen’s recently exposed comments on social media that black South Africans have a culture of rape were crass and offensive. Jansen commented inter alia that she had “yet to meet a black girl who was not raped by the age of 12” and that in black culture “a woman is there to pleasure them. Period.  It is seen as an absolute right and a woman’s consent is not required.”

Read More »

ARTICLE: THE LESSONS OF THE NENE/ VAN ROOYEN/ GORDHAN FIASCO

zumaThe remarkable developments of the past week have raised a number of fundamental questions about our President; about the ANC, about power – and about our constitutional democracy.

The first of these relates to the ability of Mr Zuma to carry out the grave responsibilities that our Constitution devolves on him. In the wake of his inexplicable – and still unexplained – decision to dismiss the Finance Minister, Nhlanhla Nene, it is perhaps more important than ever to try to understand what motivates Jacob Zuma.

Read More »