CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

ARTICLE: FIVE TRENDS TO UNDERSTAND AND MANAGE 2020

2020 opt

At the start of a new year, we all reflect on the year ahead, what we want to do, what we are excited about, and what we are afraid of. What about the country – politics, the economy and our social life? It is impossible to make predictions, but one can describe certain trends, which are accompanied by certain events and their possible consequences.

Broadly, there are five trends that emerged during 2019 that will significantly impact the political and socio-economic landscape in 2020 – and which can help one to understand and cope with the year.

The first is a growing trend of centralisation and state control (read ANC control) of various aspects of South African society. There are currently four pieces of draft legislation (most of which were recently published by the ANC-controlled Parliament before the December holidays) that have one thing in common: greater and/ or absolute control over important national issues, which do not necessarily need State control or that should not be controlled because it is in the private domain according to constitutional requirements. 

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ARTICLE: STAGE 6 LOAD-SHEDDING WAS THE LOW POINT OF CYRIL’S YEAR

2019 is racing to a close and one can – without fear of contradiction – say that Eskom’s Stage 6 load-shedding was the low point of President Ramaphosa’s year. It was also clear when he delivered his statement after meeting with the Eskom Board and management. And speaking of poor timing: on Monday, December 9, he wrote in his weekly newsletter to the nation about the miracle of Medupi and how impressive and imposing it is… In addition, we all remember his assurance at the beginning of the year that load-shedding at Eskom was something of the past; a promise repeated only a few months ago by Deputy President David Mabuza. And of course, many also remember that when President Ramaphosa was still Deputy President, he was in charge of the task team responsible for repairing State-owned entities (SOEs).

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STATEMENT: PROPOSED AMENDMENT TO SECTION 25 OF THE CONSTITUTION

SECTION25

On 6 December 2019, Parliament’s Ad Hoc Committee published the Constitution Eighteenth Amendment Bill (Amendment Bill) for public comment. In terms of Parliament’s Notice, the public has until 31 January 2020 to submit written submissions on the proposed Bill.

The Ad Hoc Committee is tasked with the drafting of the amendment to section 25 of the Constitution – the property clause – to make “explicit that which is implicit in the Constitution, with regards to expropriation of land without compensation, as a legitimate option for land reform”.

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DR MAVUSO MSIMANG PROVIDES A MASTERFUL DISPLAY OF ‘DISCRETION IN TACT’

In a recent interview with Alec Hogg of BizNews, Dr. Mavuso Msimang, the Deputy President of the ANC’s Veteran’s League, took issue with Anthea Jeffery’s epic analysis of the ANC’s National Democratic Revolution. He said that “in summary, the NDR is not inherently part of the ANC’s framework”. The ANC was not committed to socialism and was “more likely to follow the example of the Scandinavian countries, which are capitalist economies with strong social safety nets.”

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CELEBRATING THE 25TH ANNIVERSARY OF THE NEDBANK SA CHARITY GOLF DAY

After FW de Klerk’s passing, the FW de Klerk Foundation entered a period of deep introspection regarding its future role and orientation. Eventually, the Foundation decided to continue with its existing vision to be a self-sustaining organisation that promotes – and that will, in the long term, continue to promote the South African Constitution; national unity, reconciliation and the accommodation of diversity; and the legacy of President FW de Klerk and the South African constitutional transformation process.

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