CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

ARTICLE: PRIVATE LIVES AND PUBLIC RESPONSIBILITIES

private I have never, in my entire life, had even a puff of a cigarette. True, I did smoke a cigar 29 years ago when my son was born – but like Bill Clinton I did not inhale. Although I dislike smoking I am fairly tolerant of those who are addicted to tobacco (I have little choice since my wife enjoys the occasional cigarette). Nevertheless, I am happy that people may no longer smoke in planes, restaurants and other public places. I also believe that government should be commended for its vigorous anti-smoking campaign – which has cut smoking by 50% in the past 20 years.

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ARTICLE: THE CHALLENGE OF DEMOCRACY IN DIVIDED SOCIETIES

votingThe deepening turmoil in Egypt provides some sharp lessons on the potential pitfalls of winner­‐takes-‐all democracy in deeply divided societies. Democracy is in essence a convention in terms of which competition for political power is resolved by elections -­ rather than by violence. Participants agree that the party or parties that win the election can form the government and rule the country for a prescribed period until the next election.

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ARTICLE: INTERNATIONAL DAY OF FRIENDSHIP 2013: A CULTURE OF PEACE

friendship dayThis year ­‐ on 30 July -­ we celebrate International Day of Friendship. The day is based not only on the recognition of friendship in the general sense but also the relevance and importance that friendship is something more and noble, and embodies a valuable sentiment in the lives of human beings around the world.

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ARTICLE: INTERNATIONAL ANTI-CORRUPTION DAY – FOR SOUTH AFRICANS, THIS IS NOT JUST A FAR-OFF CAMPAIGN

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The United Nations (UN) has numerous days on the annual calendar dedicated to some or other cause or campaign. Many of these pass by almost unnoticed. International Anti-Corruption Day, commemorated on 9 December every year, should not be one of those. For South Africans, this day, is (unfortunately) all too real.

The UN brought together a number of nations 15 years ago to adopt the Convention Against Corruption. Today, 186 states are party to the Convention and subscribe to its anti-corruption goals and ideals. In terms of the Convention, nearly every country in the world has laws in place making corruption a crime. Every country has further committed, through the well-known Sustainable Development Goals (SDGs), “to reducing corruption and bribery, strengthening the recovery and return of stolen assets and developing effective, inclusive and transparent institutions”.

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ARTICLE: SEEKING THE MAGIC BULLET

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The full weight of expectation of the country now rests on newly-appointed National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi. Her appointment by President Ramaphosa on 4 December 2018, was received with both relief and hope that she will repair and lead the National Prosecuting Authority (NPA) into a future that is unsullied. 

The question of course is that of whether the nation pins its hope – yet again – on “a fixer”, in the absence of the drive to engage systematic and urgent change. Advocate Batohi comes to the position with impeccable credentials and minus the taint of some of her predecessors but will have to contend with an already overflowing inbox; a team that is politically divided and a mission to rejuvenate credibility in the criminal justice system. All this, at a time when too many South Africans appear to be jaded. However, history has proven again and again that South Africans are a feisty lot – with opinions to match – and the new NDPP will receive ample advice even in advance of her assumption of duties in February 2019.

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STATEMENT: ESKOM LOAD-SHEDDING: MORE THAN A HANGOVER FROM THE ZUPTAS

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The phenomenon of load-shedding is hanging over the festive season of 2018 like a dark cloud. For many, across the country, their festivities might happen by candlelight, which may add to the ambience but will predictably cast a shadow over any possible and much-needed economic recovery. 

Naive South Africans believed that with a new President and a new Minister of Public Enterprises, plus a new Eskom Board, Eskom should be functioning optimally, and load-shedding was something of the past and would be over. The fact is that corruption and mismanagement cast a long shadow and cannot be turned around quickly. Additionally, incapable, inexperienced and corrupt officials (evidenced by the design faults at Medupi and Kusile) can’t be fired at will without the requisite due process, which is a supreme irony, considering the damage that they have caused. It is therefore important to state that the present load-shedding – with feeble excuses from Eskom about lack of capacity and needed maintenance, and uranium left out to get wet – is a bad hangover from the Zupta era. So is the fact that Eskom is in deep financial crisis and continuously dependent on State bail-outs.

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CONSTITUTIONAL ISSUES