Recent statements made by a senior advocate, Tembeka Ngcukaitobi, who is currently serving in an acting capacity as a judge in the South African Land Claims Court, raise a number of considerations and serious questions about what constitutes South Africa’s constitutional project – particularly when considering the possibility of expropriation of property without compensation (EWC).
South Africans continue watching with mixed feelings ranging from anxiety to amusement the power struggle for control of the ruling ANC playing out between two factions – one aligned with President Cyril Ramaphosa, the other with former president Jacob Zuma and ANC Secretary-General (SG) Ace Magashule. Whatever one’s views are, these battles are negatively impacting governance to the detriment of the country.
Judge Jody Kollapen is one of eight candidates who are being interviewed this week by the Judicial Service Commission to fill two vacancies on the Constitutional Court. In the course of his interview he is reported to have said that “in the transition to democracy, South Africans had perhaps focused too much on reconciliation and not enough on transformation.” He added that “reconciliation could not be achieved without transformation – without all South Africans accessing the economy.”
It is crucial that racist and hurtful non-inclusive behaviour anywhere in South Africa should be addressed with firmly and effectively. Equally critical is a unified and unambiguous condemnation by all South Africans – including government – of racist threats and instigation of violence as such actions have the potential of provoking racial conflict that would cause immense harm to South Africa – we have seen this in Senekal and, more recently, Brackenfell.
After his election as national President in 2018, Ramaphosa showed that he was serious about combating corruption by strengthening and supporting key institutions – including the National Prosecuting Authority and the Zondo Commission – that were investigating corrupt practices and state capture. These steps finally bore fruit on 10 November, when the NPA issued an arrest warrant for Magashule on 21 charges of fraud and corruption – associated with the so-called Free State asbestos affair which involved irregular contracts to the value of R255 million.
DEALING WITH THE PAST SPEECH BY FORMER PRESIDENT FW DE KLERK TO THE CAPE TOWN PRESS CLUB 1 OCTOBER 2020 It is once again a
It is once again a great pleasure for me to address the Cape Town Press Club.
I shall spend a little more time today on the past than on the future ‐ because, at the age of 84, I have much more past than future ‐ and also because the past has become an increasingly contentious issue, not only for the present ‐ but also for the future.
This Heritage Day we are slowly emerging from the most immediate aftermath of Covid-19 and its devastating effect on our country, economy and people.
On this day -and in a country belonging to all its’ people – South Africans are encouraged to celebrate their culture, the diversity of their beliefs and traditions.
One of the most important aspects recognised in the Constitution of South Africa, is the importance of our collective heritage and the rich cultural, linguistic and historical landscape painting the canvas of our people’s diversity. The South African Constitution unambiguously speaks to this in its’ preamble: South Africa belongs to all who live in it – united in our diversity – in the wider context of a nation and country recognising the injustices of our past; honouring those who suffered for justice and freedom in our land as well as respecting those who have worked to build and develop our country.
In his dystopian novel “1984” George Orwell introduced us to the concept of “doublethink” – which he described as –
“…the power of holding two contradictory beliefs in one’s mind simultaneously, and accepting both of them… To tell deliberate lies while genuinely believing in them, to forget any fact that has become inconvenient, and then, when it becomes necessary again, to draw it back from oblivion for just as long as it is needed, to deny the existence of objective reality and all the while to take account of the reality which one denies – all this is indispensably necessary.”
We saw examples of doublethink in President Ramaphosa’s statement on Heritage Day last week.
