CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

STATEMENT BY THE FW DE KLERK FOUNDATION ON THE PLIGHT OF THE ROHINGYA IN MYANMAR

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The FW de Klerk Foundation, with the full support of its founder, Nobel Peace Laureate and former South African President, FW de Klerk, calls on all parties in the Myanmar conflict to show restraint and wisdom in managing and trying to resolve what is fast become a globally recognised humanitarian crisis. When tens of thousands of people (some say hundreds of thousands) flee a country, whether it is to get away from “the violence” or from “the army”, it is reason for a government to pause and ask what should be done urgently.  What we and the rest of the international community see is that ordinary people are hurt the most.

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ARTICLE: ARE THE APPOINTMENT MERRY-GO-ROUND AND TOO MANY VACANCIES IN THE PUBLIC SERVICE TO ANYONE’S BENEFIT?

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The South African Institute of Race Relations (IRR) recently published a report that clearly shows that there has been an unprecedentedly high interchange of Cabinet Ministers and Directors-General since 2009 under President Zuma. Accordingly, the average length of a Cabinet Minister’s term was 8.5 months, and that of a Director-General (DG) 22 months. Sixty percent of working relationships between Ministers and DGs lasted only 12 months and 40% of them included an acting DG.

A concrete example of this (albeit at a lower level than DG) has also emerged recently. After the then head of Crime Intelligence, Mulangi Mphego, was forced to resign in 2009 for allegations that he interfered with witnesses in the Selebi case, he was succeeded by the now-notorious Richard Mdluli. After the latter’s departure, King Bhoyi Ngcobo was appointed acting head. After him, Pat Mokushane was appointed, but he was recently fired because he had no security clearance (only in South Africa!). Now the fifth head in eight years has been appointed for this important post – again Ngcobo (who was part of President Zuma’s Protection Unit).

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ARTICLE: CRY THE COUNTRY AS POVERTY PREVAILS

The release of the Latest Poverty Trends in South Africa Report: An examination of absolute poverty between 2006 and 2015, on the 21 August 2017, by Statistics South Africa (StatsSA), was much like the release of crime statistics, late and bleak.

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ARTICLE: RECONCILIATION – AND/OR – TRANSFORMATION?

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.”

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ARTICLE: UNDERSTANDING THE ANC FACTIONAL BATTLES: A DEEP HISTORY AND AN UNCERTAIN FUTURE

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.

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CONSTITUTIONAL ISSUES