View Archived Content

ARTICLE: DAY OF RECONCILIATION 2016

sa concourt flag foterThe Day of Reconciliation was somewhat of a latecomer to the slate of negotiated and agreed on public holidays in the new South Africa. The first celebration took place on 16 December 1995 and was crafted in a way that aimed to acknowledge and affirm two different histories, one which emerged in 1838 at the Battle of Blood River, initially called Dingaan’s Day, and subsequently called Day of the Vow and Day of the Covenant. The second momentous event on the same day in 1961 was the formation of Umkhonto we Sizwe, the armed wing of the ANC.

Read More »

ARTICLE: BITING THE BULLET WITH EDUCATION OUTCOMES

high school students optThe triumphant announcement of the 2016 matric results by the Minister and Department of Basic Education has subsequently been tempered as the harsh searchlight of reality has dawned.

Opposition political parties, specialist education NGOs, business, journalists and the private sector have rightly raised questions about the pass rate of 72.5%, announced by Minister Angie Motshekga on 4 January 2016. The questions have been motivated not by cynicism nor by opportunism but a shared concern that our children deserve better two decades since the demise of racially separate education. The Preamble of our Constitution, powerfully captures the aspiration envisaged for all citizens but perhaps especially so for the “born frees”, when it proclaims a commitment to “Improve the quality of life of all citizens and free the potential of each person”

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: IS SASSA EATING THE POOR?

SASSAOn 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.

A close reading of the minutes of the Committee attest to an Agency befuddled and fiddling while millions of South Africans are drawn deeper into poverty. The patience of the Portfolio Committee was severely tested by playing sleuth in the absence of comprehensive responses and the total absence of institutional accountability, this despite the Committee having provided SASSA with a list of key questions prior to the hearing.

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 »