Zondo Commission Terms of Reference
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Market Triumphalism at the Buffalo City and Nelson Mandela Metropolitan Municipalities 23
Market Triumphalism at the ARTICLE Buffalo City and Nelson Mandela Metropolitan Municipalities, South Africa BREAKFAST, Ntsikelelo | OKAFOR, Chukwuemeka | BRADSHAW, Gavin Abstract his article is a critique of neo-liberal such as policy documents. The central Tinspired policies such as Public-Private argument of this article is that the neo- Partnerships (PPPs), privatisation of liberal inspired policies of PPP and BBBEE services and Broad-Based Black Economic that are being applied through Local Empowerment (BBBEE) with specific Economic Development (LED) are not in reference to the Buffalo City and Nelson the interests of the majority of people Mandela Metropolitan Municipalities in living in the Eastern Cape. The researchers the Eastern Cape. The two selected argue that the local business and political municipalities were chosen because both elites through the BBBEE, PPPs and of them are categorized as metropolitan. outsourcing of services are using their This will enable the research to make a strong networks (associated political, social comparison of the implementation of PPP, and capital resources) in their efforts for outsourcing of services and BBBEE at these personal accumulation, rather than metropoles. The article provides an promoting development for the majority. analysis of both municipalities’ records Keywords: Integrated Development Plan, Local Economic Development, Neo-liberalism, Public-Private Partnership, Broad-Based Black Economic Empowerment 22 Market Triumphalism at the Buffalo City and Nelson Mandela Metropolitan Municipalities 23 Introduction The purpose of this article is to examine the Integrated Development Plans (IDPs) of two selected municipalities in the Eastern Cape. This will be done by providing a closer examination of the extent of BBBEE, PPPs and the outsourcing of services in Buffalo City and Nelson Mandela Metropolitan Municipality. -
South Africa's State-Owned Enterprises Model Is Due for Reform
South Africa’s State-Owned Enterprises model is due for reform By Erik Marais MP – DA Deputy Shadow Minister of Public Enterprises Speaker/Chairperson The National Development Plan aims to eliminate poverty and reduce inequality by 2030. To achieve that, the economy must grow faster and in ways that benefits all South Africans. The Democratic Alliance (DA) is particularly concerned about the welfare of young people who have borne the brunt of an underperforming economy. Their circumstances will not change unless deliberate policy steps are taken to offer them better educational and economic opportunities, underpinned by sustained investment in the economy. To achieve this, “reform” should be the byword informing all our actions. Honourable Minister, the Department of Public Enterprises should move with haste to stabilise and revitalize state-owned entities (SOEs) through a review of board appointments, possible privatisation, barring board members from procurement decisions and adopting a no-nonsense approach to corruption. At this point, chairperson, let me take this opportunity to congratulate members of the Portfolio committee on Public Enterprises in the 5th Parliament for their sterling work in addressing state capture and corruption. I am sure I speak the mind of my fellow committee members when I say, we are all looking forward to the outcomes of the Zondo Commission. SOEs remain key drivers of investment in infrastructure development and as such, there should be an acceleration of investments in key infrastructure such as rail and energy. This will ensure that we increase the proportion of people with access to the electricity grid to 90% by 2030, while encouraging non-grid options to those who can afford it. -
The Guptas, the Public Protector's Report and Capital Accumulation In
The Guptas, the Public Protector’s Report and Capital Accumulation in South Africa Ashwin Desai Goolam Vahed Abstract The relationship between South African President Jacob Zuma and his family, and the Guptas, possibly the richest family of Indian origin at present in South Africa, has made persistent national and increasingly international headlines in the media over the past few years. The Gupta family, who arrived in South Africa from India just prior to the country’s first non-racial democratic elec- tions in 1994, are accused of colluding with Zuma in the removal and appoint- ment of government ministers, as well as the directors of State-Owned Enter- prises (SOEs) in order to secure lucrative state contracts. This article examines the allegedly corrupt relationship between the Zumas and the Guptas to probe key issues in post-apartheid South African society: corruption, state capture, inequality, class formation, Black Economic Empowerment, and White Mono- poly Capital. It argues that corruption has negative consequences such as creat- ing despondency amongst the populace leading to capital flight and creating the possibilities for state capture as well as further deepening inequality. Keywords: Apartheid, Gupta, Zuma, Black Economic Empowerment, White Monopoly Capital, Social Cohesion The lexicon of South African English has been constantly transformed by the inclusion of words from the Afrikaans language, and phrases from the Indian sub- continent, as well as by some words and phrases from local African languages. When this potpourri of ‘English’ is spoken at a rapid pace, even an English Alternation 24,1 (2017) 26 - 49 26 Electronic ISSN: 2519-5476; DOI: https://doi.org/10.29086/2519-5476/2017/v24n1a3 The Guptas, the Public Protector’s Report and Capital Accumulation speaking foreigner could easily get lost as sentences are trespassed with local inflections (Mesthrie 2010). -
Appointments to South Africa's Constitutional Court Since 1994
Durham Research Online Deposited in DRO: 15 July 2015 Version of attached le: Accepted Version Peer-review status of attached le: Peer-reviewed Citation for published item: Johnson, Rachel E. (2014) 'Women as a sign of the new? Appointments to the South Africa's Constitutional Court since 1994.', Politics gender., 10 (4). pp. 595-621. Further information on publisher's website: http://dx.doi.org/10.1017/S1743923X14000439 Publisher's copyright statement: c Copyright The Women and Politics Research Section of the American 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press in 'Politics gender' (10: 4 (2014) 595-621) http://journals.cambridge.org/action/displayJournal?jid=PAG Additional information: Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details. Durham University Library, Stockton Road, Durham DH1 3LY, United Kingdom Tel : +44 (0)191 334 3042 | Fax : +44 (0)191 334 2971 https://dro.dur.ac.uk Rachel E. Johnson, Politics & Gender, Vol. 10, Issue 4 (2014), pp 595-621. Women as a Sign of the New? Appointments to South Africa’s Constitutional Court since 1994. -
Take 286 Starts at 14:05
UNREVISED HANSARD NATIONAL ASSEMBLY THURSDAY, 29 NOVEMBER 2018 Page: 1 THURSDAY, 29 NOVEMBER 2018 ____ PROCEEDINGS OF THE NATIONAL ASSEMBLY ____ The House met at 14:02. The House Chairperson Ms M G Boroto took the Chair and requested members to observe a moment of silence for prayer or meditation. DEBATE ON 16 DAYS OF ACTIVISM OF NO VIOLENCE AGAINST WOMEN AND CHILDREN: #HEARMETOO – A WOMAN OF FORTITUDE The MINISTER OF SMALL BUSINESS DEVELOPMENT: Hon Chairperson, hon Members of Parliament, representatives of Civil Society and Women’s Movements, ladies and gentlemen, I stand here before you to talk about one of the most and highly emotive issues in South Africa and the world. This scourge knows no colour, knows no religion, knows no race, knows no class and knows no political UNREVISED HANSARD NATIONAL ASSEMBLY THURSDAY, 29 NOVEMBER 2018 Page: 2 affiliations. It ravages communities and families across class and the colour line. It is a societal challenge which requires a societal responses. IsiZulu: Ngicela nje ukuthi namhlanje ngingahlushwa uma ngikhuluma ngento ebuhlungu kakhulu kubantu baseNingizimu Afrika. Ngikhuluma ngento engakhethi ukuthi ungubani, unjani, unemali engakanani nokuthi ungubani emphakathini. English: Let us just for a moment put ourselves in the shoes of those who suffer in the hands of abusers. Let us even if it is for a minute feel their pain and trauma. As we do that, let us call upon for those who believe on our almighty and those who believe on ancestors to get into the hearts and minds of these heartless abusers so that they can understand and feel the suffering and the pain that they caused to their victims. -
Jonas Lied About Finance Minister Offer €“ Ajay Gupta
Legalbrief | your legal news hub Thursday 30 September 2021 Jonas lied about Finance Minister offer – Ajay Gupta The battle between the Gupta family and Finance Minister Pravin Gordhan over the autonomy of SA's banks intensified in documents lodged in the Gauteng High Court (Pretoria) on Friday, notes Legalbrief. In papers responding to Gordhan’s application for a declaratory order that he not be allowed to intervene in a dispute between the Gupta family and the banks, which closed their company accounts last year citing reputational risk, Ajay Gupta accused Deputy Finance Minister Mcebici Jonas of lying about being offered a bribe and the job of Finance Minister at a meeting at the family’s house in Saxonwold, Johannesburg. A BusinessLIVE report notes the alleged incident took place in October 2015, two months before President Jacob Zuma fired then Finance Minister Nhlanhla Nene. Gupta said Jonas invented the meeting to create media hype for political gain. ‘The fact of the matter is that Mr Jonas is, with respect, blatantly dishonest when he suggests that he met with me or that I attended a meeting with him,’ Gupta said in his affidavit. ‘Let me … clearly and unambiguously state under oath that I have never met Mr Mcebisi Jonas, not as alleged or at all,’ he said. ‘I can honestly say that I have not spoken a single word to him.’ Gupta also said he was disturbed that Gordhan had referred to the alleged incident in his court filings as fact, ‘without even attempting to obtain a confirmatory affidavit from his deputy, who is in all likelihood occupying an office right next to him’. -
Unrevised Hansard National
UNREVISED HANSARD NATIONAL ASSEMBLY TUESDAY, 13 JUNE 2017 Page: 1 TUESDAY, 13 JUNE 2017 ____ PROCEEDINGS OF THE NATIONAL ASSEMBLY ____ The House met at 14:02. The Speaker took the Chair and requested members to observe a moment of silence for prayer or meditation. MOTION OF CONDOLENCE (The late Ahmed Mohamed Kathrada) The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker I move the Draft Resolution printed in my name on the Oder Paper as follows: That the House — UNREVISED HANSARD NATIONAL ASSEMBLY TUESDAY, 13 JUNE 2017 Page: 2 (1) notes with sadness the passing of Isithwalandwe Ahmed Mohamed Kathrada on 28 March 2017, known as uncle Kathy, following a short period of illness; (2) further notes that Uncle Kathy became politically conscious when he was 17 years old and participated in the Passive Resistance Campaign of the South African Indian Congress; and that he was later arrested; (3) remembers that in the 1940‘s, his political activities against the apartheid regime intensified, culminating in his banning in 1954; (4) further remembers that in 1956, our leader, Kathrada was amongst the 156 Treason Trialists together with Nelson Mandela and Walter Sisulu, who were later acquitted; (5) understands that he was banned and placed under a number of house arrests, after which he joined the political underground to continue his political work; UNREVISED HANSARD NATIONAL ASSEMBLY TUESDAY, 13 JUNE 2017 Page: 3 (6) further understands that he was also one of the eight Rivonia Trialists of 1963, after being arrested in a police swoop of the Liliesleaf -
South Africa's Anti-Corruption Bodies
Protecting the public or politically compromised? South Africa’s anti-corruption bodies Judith February The National Prosecuting Authority and the Public Protector were intended to operate in the interests of the law and good governance but have they, in fact, fulfilled this role? This report examines how the two institutions have operated in the country’s politically charged environment. With South Africa’s president given the authority to appoint key personnel, and with a political drive to do so, the two bodies have at times become embroiled in political intrigues and have been beholden to political interests. SOUTHERN AFRICA REPORT 31 | OCTOBER 2019 Key findings Historically, the National Prosecuting Authority The Public Protector’s office has fared (NPA) has had a tumultuous existence. somewhat better overall but its success The impulse to submit such an institution to ultimately depends on the calibre of the political control is strong. individual at its head. Its design – particularly the appointment Overall, the knock-on effect of process – makes this possible but might not in compromised political independence is itself have been a fatal flaw. that it is felt not only in the relationship between these institutions and outside Various presidents have seen the NPA and Public Protector as subordinate to forces, but within the institutions themselves and, as a result, have chosen themselves. leaders that they believe they could control to The Public Protector is currently the detriment of the institution. experiencing a crisis of public confidence. The selection of people with strong and This is because various courts, including visible political alignments made the danger of the Constitutional Court have found that politically inspired action almost inevitable. -
Powers of the Public Protector: Are Its Findings and Recommendations Legally Binding?
POWERS OF THE PUBLIC PROTECTOR: ARE ITS FINDINGS AND RECOMMENDATIONS LEGALLY BINDING? by MOLEFHI SOLOMON PHOREGO 27312837 Submitted in partial fulfilment of the requirements for the degree: Master of Laws (LLM Research): Public Law Study Leader: Professor Danie Brand Department of Public Law, University of Pretoria November 2017 TABLE OF CONTENTS SUMMARY………………………………………………………………………………………………………………….vi ACKNOWLEDGEMENTS……………………………………………………………………….........................vii CHAPTER 1 Introduction…..…………………………………………………………………………………………………………..1 The Public Protector as a Chapter Nine Institution………………………………………………………1 Research problem………………………………………………………………………………………………………..2 Aims and objectives of study……………………………………………………………………………………….3 Research Methodology………………………………………………………………………………………………..3 Research Questions………………………………………………………………………………………………………4 Limitations…………………………………………………………………………………………………………………….4 Chapter Outline……………………………………………………………………………………………………………..4 CHAPTER 2 CONSTITUTIONAL AND STATUTORY PROVISIONS GOVERNING THE OPERATIONS OF THE OFFICE OF THE PUBLIC PROTECTOR Introduction……………………………………………………………………………………………………………….6 The Constitutional provisions……………………………………………………………………………………..7 Meaning of “Appropriate remedial action’ as contained in the Constitution….…………..11 STATUTORY PROVISIONS REGULATING THE OFFICE OF THE PUBLIC PROTECTOR……...10 Section 6 of the Public Protector Act………………………………………………………………………….12 i Section 7 of the Public Protector Act………………………………………………………………………….17 Section 8 of the Public Protector Act………………………………………………………………………….19 -
Read an Agenda for Action
AN AGENDA FOR ACTION A Joint Submission by the Civil Society Working Group on State Capture A SUMMARY OF CIVIL SOCIETY’S RECOMMENDATIONS TO THE ZONDO COMMISSION FEBRUARY 2020 AN AGENDA FOR ACTION Joint submission on recommendations by the Civil Society Working Group on State Capture CONTENTS: 1. The purpose of this submission . 03 2. How has corruption impacted the lives of South Africans? . 05 3. The Civil Society Working Group recommendations to the Zondo Commission . 09 3 .1 How do we address the systemic weakening of the criminal justice system? . 09 3 .2 How should the rights of the most vulnerable be protected? . 12 3 .3 How do we protect state-owned enterprises (SOEs) from being used as vehicles for state capture? . 15 3 .4 How do we hold the enablers of state capture to account? . 18 3 .5 How can we limit the corrosive impact of political-party funding? . 20 4. Conclusion . 23 5. Annexure 1: List of CSWG organisations . 25 A joint submission by civil society to The Judicial Commission of Inquiry into Allegations of State Capture . This joint submission was by the Civil Society Working Group on State Capture to the Zondo Commission in February 2020 . Editors: Naushina Rahim, Zen Mathe and Hennie van Vuuren Copy Editor: Helen Moffett Design: Gaelen Pinnock | www .polygram .co .za Printing: X Mega Digital Copyright of text: Open Secrets The publication of this report has been made possible by Open Secrets’ funders . They are the Open Society Foundation for South Africa, Heinrich Böll Foundation (Southern Africa office), Joffe Charitable Trust, Luminate, Open Society Foundation Human Rights Initiative and individual donors . -
Africa's Best Read
AFRICA’S BEST READ January 3 to 9 2020 Vol 36 No 1 @ mailandguardian mg.co.za Illustration: Francois Smit 2 Mail & Guardian January 3 to 9 2020 Act or witness IN BRIEF – THE NEWS YOU MIGHT HAVE MISSED Time called on Zulu king’s trust civilisation’s fall The end appears to be nigh for the Ingonyama Trust, which controls more than three million A decade ago, it seemed that the climate hectares of land in KwaZulu-Natal on behalf crisis was something to be talked about of King Goodwill Zwelithini, after the govern- in the future tense: a problem for the next ment announced it will accept the recommen- generation. dations of the presidential high-level panel on The science was settled on what was land reform to review the trust’s operations or causing the world to heat — human emis- repeal the legislation. sions of greenhouse gases. That impact Minister of Agriculture, Land Reform and had also been largely sketched out. More Rural Development Thoko Didiza announced heat, less predictable rain and a collapse the decision to accept the recommendations in the ecosystems that support life and and deal with barriers to land ownership human activities such as agriculture. on land controlled by amakhosi as part of a But politicians had failed to join the dots package of reforms concerned with rural land and take action. In 2009, international cli- tenure. mate negotiations in Copenhagen failed. She said rural land tenure was an “immedi- Other events regarded as more important ate” challenge which “must be addressed.” were happening. -
HSF V Eskom (Founding Affidavit)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) CASE NO In the matter between: THE HELEN SUZMAN FOUNDATION First Applicant! MAGDALENA FRANCISZKA WIERZYCKA Second Applicant and ESKOM HOLDINGS SOC LIMITED First Respondent THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA Second Respondent AJAY KUMAR GUPTA Third Respondent ATUL KUMAR GUPTA Fourth Respondent RAJESH KUMAR GUPTA Fifth Respondent DUDUZANE ZUMA Sixth Respondent TEGETA EXPLORATION AND RESOURCES (PTY) Seventh Respondent LTD MINISTER OF MINERAL RESOURCES Eighth Respondent MINISTER OF PUBLIC ENTERPRISES Ninth Respondent MINISTER OF FINANCE Tenth Respondent MINISTER OF WATER AND SANITATION Eleventh Respondent NATIONAL TREASURY Twelfth Respondent DEPARTMENT OF PUBLIC ENTERPRISES Thirteenth Respondent DEPARTMENT OF MINERAL RESOURCES 2 25 DEPARTMENT OF WATER AND SANITATION Fifteenth Respondent BRIAN MOLEFE Sixteenth Respondent MARK PAMENSKY Seventeenth Respondent ANOJ SINGH Eighteenth Respondent SALIM AZIZ ESSA Nineteenth Respondent NAZEEM HOWA Twentieth Respondent RONICA RAGAVAN Twenty First Respondent THE PERSONS LISTED IN ANNEX "FA1 " Twenty Second to Seventy Third Respondents FOUNDING AFFIDAVIT I, the undersigned, FRANCIS ANTONIE do hereby make oath and say: 1. I am an adult male of full legal capacity and a director of the Helen Suzman Foundation ("HSF"), the first applicant, holding office as such at 2 Sherborne Road, Parktown, Johannesburg. 2. I am duly authorised to depose to this affidavit on behalf of the applicants. 3. Save as appears from the context, the facts in this affidavit are within my own personal knowledge and are, to the best of my knowledge and belief, both true and correct.