CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

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EVENTS

ARTICLE: SASSA NEEDS ADROIT LEADERSHIP

SASSA

“We underestimated the work we were supposed to do. Taking over payments is a lot of work”, is not the message that millions of South Africans take comfort from as the new year dawns with this message from Social Development Minister, Bathabile Dlamini.

The Minister, officials of the Department of Social Development and the South African Social Security Agency (SASSA) have had since September 2013, when the Constitutional Court’s judgment declared the CPS contract invalid, to put in place a plan to either reopen the tender ensuring a proper procurement process, or create the capacity in-house to access, approve and pay almost 18 million grant recipients, many of whom are desperately poor and fall within the following categories of recipients:

  • Grants for Older Persons
  • Disability Grant
  • War Veteran’s Grants
  • Foster Care Grant
  • Care Dependency Grant
  • Child Support Grant
  • Grants-in-Aid
  • Social Relief of Distress
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ARTICLE: PROCEED CAUTIOUSLY WITH LAND REFORM, MR PRESIDENT…

parliament sml

In the annual 8th January statement (delivered on the 13th January this year), ANC president Cyril Ramaphosa spelled out the central tasks of the ANC for 2018. He covered a wide range of themes and topics, and it is apparent that this is (as usual) not a piece drafted by the ANC president himself. There is the usual rhetoric about the National Democratic Revolution and the gains made in regard to its goals during the last number of years. Nevertheless, a careful reader will discern Ramaphosa’s hand and that of his close allies in a number of issues and the way they were presented and emphasized. Both the selection of these, as well as the way in which they were framed, are a far cry from those highlighted in the 8th January statements of the last nine years. At least three such issues can be distinguished, namely the economy, corruption and land reform. This article looks briefly at the first two and then continues to focus on land reform and property.

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ARTICLE: ON WITH THE NEW – THE STATE OF CAPTURE COMMISSION OF INQUIRY

gavel small

The President has announced, albeit with the persuasion of the Gauteng Division, Pretoria High Court, (the Court) the appointment of a Commission of Inquiry (the Commission) regarding complaints and allegations raised in the erstwhile Public Protector’s State of Capture Report. This, bizarrely, despite having lodged an appeal against the Court’s order which found the State of Capture Report binding. Presumably the legal doctrine that no person can be allowed to take up two positions inconsistent with one another applies – and since he has announced the Commission before the appeal has been heard, it stands to reason that the appeal falls away. While political analysts may ponder as to the motivation behind the President’s seemingly contradictory legal positions on the matter, it is apparent however, that the Commission will go ahead.

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CONSTITUTIONAL ISSUES