CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

ARTICLE: THE SACP AND R2 BILLION ADD VARIETY TO POST-DECEMBER SCENARIOS

T ELOFF opt

There are basically three post-December 2017 scenarios.

The first is a Dlamini-Zuma victory (“NDZ”), after which the ANC will probably split – and struggle to secure 50% at the polls in 2019. Following which, corruption will persist and economic growth will remain low.

The second is a Ramaphosa victory (“CR17”), after which the ANC could split, but probably not – and where getting 50% at the ballot box could be a little easier. Further, corruption will be tackled and the economy will slowly improve.

The third is the “unity scenario”, whereby there will be either a loser Deputy President and the ANC will paper over the cracks (and struggle at the ballot box), or a compromise candidate may be elected as President, with new possibilities for anti-corruption initiatives, as well as the economy.

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STATEMENT: NKANDLA REVISITED – IF THE PRESIDENT APPROVED A CONTRACTOR, DID HE KNOW?

NKANDLA

In the Nkandla disciplinary hearing of an accounts management employee (on charges of misconduct for approving a construction tender to Moneymine Enterprises), it transpired that President Jacob Zuma, the “owner of the property” had appointed Moneymine and that the company “had already been on site long before the tender was approved”. The company was decided upon by a “negotiation process” and the tender awarding processes were rushed through – after the fact. This was the evidence brought to the hearing by Special Investigations Unit (SIU) chief forensic investigator, Christian Legwabe. By March 17, 2009, it had already been decided (by the then Deputy President) that Moneymine was the preferred construction company (and he brought them on site to begin work), but the tender was only approved on June 15, 2010.

Any owner can appoint a company to do work on his home – if he pays for it himself. If, however, the state pays for it, certain prescribed tender procedures must be followed. In this case, Moneymine was paid R6.1 million for the first phase of the construction project – from state coffers. And this to a contractor the President had chosen himself, infringing (yet another) constitutional demand that procurement should be fair, equitable and transparent (section 217).

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Almero Prinsloo (2021)

Almero attended Wynberg Boys High School in 2015 and thereafter pursued studies in International Relations at Stellenbosch University. At Stellenbosch he joined the United Nations

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CONSTITUTIONAL ISSUES