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The Democratic Alliance (DA) has approached the Western Cape High Court to have the National Assembly's (NA's) decision to appoint John Hlophe as a parliamentary representative to the Judicial Service Commission (JSC) reviewed and set aside and have him interdicted from serving until a decision is made.

Earlier this month, impeached former judge president of the Western Cape Hlophe was nominated by the uMkhonto Wesizwe Party (MKP) to serve on the JSC, which is responsible for nominating judges for appointment, and for disciplining judges.

Hlophe is the first judge to be removed from office by the NA, after the JSC found him guilty of dishonesty and gross misconduct. His conviction resulted from his attempts to unlawfully influence two judges of the Constitutional Court, Judges Bess Nkabinde and Chris Jafta, in 2008 to rule in favour of Jacob Zuma in cases before them.

The DA argued that it was irrational for the NA to allow an impeached judge to serve on the JSC as it was a conflict of interest.

"While we accept that it is the prerogative of political parties to nominate persons to serve on the JSC, it does not follow that a former Judge, who was impeached for gross misconduct, can be designated by Parliament to serve on the body that found him guilty of this misconduct," the party said.

It warned that the country's judiciary would be undermined with such a move and that it would endanger the rule of law.

Civil rights organisation AfriForum has also applied to the Constitutional Court asking it to declare Hlophe's appointment as "irrational, unlawful and in conflict" with the NA's constitutional duty.

Renowned South African political commentator Justice Malala on Tuesday expressed positive sentiments on the possibility of prosperity with the formation of the Government of National Unity (GNU), however, he warned that there are significant risks that various parties could pull apart.

Malala was speaking at financial services company PSG Konsult's Think Big webinar, where he highlighted that the biggest challenge for the coalition was ensuring that parties "stick together" for a significant amount of time.

After losing its outright majority in the 2024 national and provincial elections, the African National Congress (ANC) was forced to approach opposition political parties to form the GNU.

Eleven political parties with seats in the National Assembly have signed the Statement of Intent (Sol).

"I am very happy that primarily ANC President Cyril Ramaphosa, Democratic Alliance (DA) leader John Steenhuisen and DA federal council chair Helen Zille managed to strike this deal. And I think this deal gives us an opportunity, I think it is a chance for South Africa to really do something extraordinary," he said.

Malala noted that this era could yield the economic revival that citizens have been asking for.

He expressed enthusiasm that even the markets were happy with the GNU formation, adding that the rewards - such as the strengthening of the rand - ought to be celebrated.

He pointed out that since the formation of the GNU and the signing of the SoI, the building and negotiations report-backs from various players had been positive.

Malala explained that what was key in the coalition was for political parties, especially the ANC and DA, to have the belief that it was "better, more rewarding and profitable" for them to be inside the coalition than to part ways.

However, he cautioned that there were significant risks that various parties could pull apart, noting that South Africa had always had consensus, primarily about economic policy.

He acknowledged that the coalition faced significant risks, however, he believed that political partners could push through.

"…yes, reparation, but a lot of hope and a lot of avenues where I think if the players get together [there] can be huge profit, politically, for them to say 'look what we did with Home Affairs, look what we did with Agriculture, look at what we did with Finance'," he said.

He stated that all these elements could work together, noting that various parties needed to see that there was profit for them in the coalition and to agree that there was no one winner.

Meanwhile, broadcast and financial journalist Alishia Seckam pointed out that it would be interesting to see how political parties in the GNU managed their differences to maintain stability and avoid political paralysis.

Malala admitted that it was problematic that the ANC secured a disproportionately high number of seats in the National Assembly, referencing the situation which unfolded in the Gauteng, with Premier Panyaza Lesufi wanting to give the DA just three of the 11 portfolios available.

He found interesting the SoI agreement signed by Zille and ANC secretary-general Fikile Mbalula, which called for a deadlock-breaking mechanism.

He noted that in the last month of "fast" negotiations, some things in the agreement had not been properly agreed upon.

"What is the meaning and depth of consensus and consensus making, how much consultation does one do? These are some of the things that have not been clearly articulated just yet. I hope that they are articulated because the time will come when they will need to be used," Malala pointed out.

President Cyril Ramaphosa signed a law that will give savers early access to part of their retirement funds.

The president's assent of the Revenue Laws Amendment Act establishes a so-called two-pot pension system that gives members access to their retirement funds without having to resign or cash out entire pension funds.

"The act requires pension funds to amend their rules, adjust their investment portfolios and prepare administrative systems for pension-fund members to apply to access portions of their pension funds" from September 1, the presidency said in a statement on Sunday.

The National Treasury said in April it expects savers to withdraw about R28-billion from their pension funds once the system revamp is implemented. Alexander Forbes Group Holdings, a South African pension-fund administrator, said last month it expects $266-million of outflows in the first year of the law being in force.

The signing of the legislation allows the Financial Sector Conduct Authority to approve changes to the rules of a retirement fund, which will enable the implementation of the two-pot system, the Association for Savings and Investment South Africa said.

More than half of Asisa's 867 members had submitted rule-change amendments to the regulator by last week, and most members are expected to have submitted their proposals by the July 31 deadline, Adri Messerschmidt, a senior policy adviser at Asisa, told reporters at a briefing in Johannesburg on Monday.

Civil rights organisation AfriForum said it has applied to the Constitutional Court asking it to declare that uMkhonto Wesizwe Party (MKP) Parliamentary leader Dr John Hlophe's appointment is "irrational, unlawful and in conflict" with the National Assembly's (NA's) constitutional duty.

Earlier this month, impeached former judge president of the Western Cape Hlophe was nominated by the MKP to serve in the Judicial Service Commission (JSC).

Hlophe is the first judge to be removed from office by the NA, after the JSC found him guilty of dishonesty and gross misconduct. His conviction resulted from his attempts to unlawfully influence two judges of the Constitutional Court, Judges Bess Nkabinde and Chris Jafta, in 2008 to rule in favour of Jacob Zuma in cases before them.

AfriForum CEO Kallie Kriel noted that the organisation had started legal proceedings to challenge Hlophe's appointment, highlighting that it had already served its court documents electronically on the Speaker of Parliament Thoko Didiza, Hlophe and the MKP.

Kriel said that it was unthinkable that aspiring judges' ethics, integrity and suitability to serve as a judge should be assessed by Hlophe as a member of the JSC.

"It is essential that AfriForum fights Hlophe's appointment to the highest court, because his presence in the JSC seriously undermines the credibility and independence of the judiciary, while it also undermines the rule of law," he explained.

In AfriForum's court documents, it is pointed out that the NA, under Article 165 of the Constitution, has a duty to assist and protect the courts, among other things, to ensure the courts' independence, impartiality, dignity and effectiveness.

He highlighted that by appointing Hlophe, the NA not only "neglected" its constitutional duty, but "acted directly contrary" to the Constitution.

AfriForum argued that the case could be brought directly before the Constitutional Court because it had exclusive jurisdiction over the case and because the case was urgent.

Kriel pointed out that the JSC would conduct interviews with prospective judges in October this year and that it would violate the public's trust in the judiciary if Hlophe were to be part of the interview process.

The organisation said an application requesting, among other things, direct access to the Constitutional Court would be issued in this court in the coming week.

ActionSA president Herman Mashaba announced on Monday that his party will adopt the role of "constructive opposition" in the City of Johannesburg, noting that instabilities have persisted in the coalitions in the City of Ekurhuleni and the City of Johannesburg.

He highlighted that City of Johannesburg Mayor Kabelo Gwamanda's tenure had been an "unmitigated failure with evidence of the downward spiral" in Johannesburg.

He explained that to facilitate the constructive opposition role, the party would take up a number of positions in the legislature so that it would have a platform to hold any new government to account.

Mashaba pointed out that the party supported the removal of Gwamanda, and the immediate reversal of the R200 surcharge "heartlessly imposed" by City Power on prepaid users.

He said the party also wanted to produce a series of motions to position the City to turn around key frontline service delivery matters including infrastructure renewal and rejuvenating of the inner City.

Mashaba explained that party's support would be available to any government in the metro on an issue-by-issue basis, emphasising that this arrangement was not a coalition.

"ActionSA will not enter the executive to co-govern, no coalition agreement will be signed and ActionSA's support, even for a mayor, will be provided only on the consideration of the merits of the matter," said Mashaba.

He explained that it was also an arrangement that had no bearing on ActionSA's involvement in the City of Tshwane, where it remained in a coalition.

Mashaba said that its redefining its role in the City of Johannesburg did not constitute a coalition or co-governing arrangement, but rather a learning from the outcomes of the May 29 general elections.

Mashaba pointed out that it was necessary to affirm that his party's position as it related to the grand coalition remained unchanged, as a constructive opposition.

Democratic Alliance (DA) leader John Steenhuisen noted that while the Government of National Unity (GNU) has on the whole met the requirement for sufficient consensus, as outlined in the Statement of Intent, on some key matters of economic policy, there are still areas of divergence that require attention.

Steenhuisen was speaking during the debate on the opening of Parliament, on Friday, where he said in all of the areas of divergence, he was convinced that partners in the GNU could find a way forward.

He said this would require parties to be honest about disagreements and to work in good faith with each other to find solutions.

He said examples of these were the National Health Insurance (NHI) Bill and Basic Education Laws Amendment (BELA) Bill.

Steenhuisen said the need for universal health coverage was obvious to every citizen, as were the serious problems of "corruption and mismanagement" in the public health sector.

However, he pointed out that the NHI in its current form did not do enough to address these problems, and added that its focus on "taking away the rights of medical workers and consumers" to access medical aid and private care was misplaced.

He said the same goes for the BELA Bill and some other initiatives.

Meanwhile, Steenhuisen welcomed government's policy interventions, as announced by President Cyril Ramaphosa in his address on Thursday, to expand the basket of food items exempt from VAT, to review and reduce the fuel price, to prevent undue political interference in the public service, and to set up specialised policing units to fight violent crime and the construction mafias.

Steenhuisen said these policy changes were some that his party had long advocated for, and noted that these changes would make a meaningful impact on reducing the cost of living, enhance the capacity of the State, and tackle violent crime, which he said plagued too many communities.

He explained that the GNU has identified rapid and inclusive growth to create jobs as its apex priority, noting that it had committed to a responsible fiscal path that reduced the national debt to free up resources for productive investments.

"The planned review of sector master plans to identify obstacles to growth, the emphasis on increasing our focus on exports, and our shared commitment to slashing red tape to crowd-in private-sector investment, give us the key ingredients we need to succeed," he said.

Steenhuisen explained that if the GNU succeeded in delivering on its apex priority of growing the economy and creating jobs, then the GNU, which he referred to as the "builders", would defeat the "breakers" - opposition parties in Parliament.

"This is because, if we rapidly expand growth and job creation, we will defuse the populist tinder box that the breakers exploit for their own gain," he said.

He alleged that opposition parties' fear was that the GNU would succeed in growing the economy and making South Africa a better place.

"The greatest fear of the breakers is not that South Africa fails. It would suit them just fine if our country goes up in smoke, because it would fuel the politics of division and destruction that they thrive on. No, their greatest fear is that South Africa succeeds," he said.

He claimed that this would destroy the foundation on which the opposition had built "their politics of resentment and populism".

He acknowledged that as the GNU moved forward and as each partner in government retained their own identity, there would be disagreements.

"Nonetheless, this GNU does broadly represent the builders in South African politics, who want to see a better country for every citizen. And the truth is that the builders in our society have to make this government work, because the parties who sit on the opposite side of the GNU want to break South Africa beyond all repair through their looting, their populism and their violence," he said.

Freedom Under Law (FUL) said the apparent assassination attempt on South African Revenue Service (Sars) advocate Coreth Naudé's life has a potentially chilling effect on key role players in the justice system.

FUL executive officer Judith February noted on Friday that in a functional democracy, judges, lawyers, prosecutors, investigators and all responsible for law enforcement must be able to do their jobs without fear of losing their lives.

This follows news reports of an attempt on Naudé's life after she was critically injured in a shooting by unknown attackers in Durban. Naude was said to be involved in several high-profile Sars tax inquiries.

February stated that the "brazen attempt" on Naudé's life raised serious concerns about the possibility of it being linked to matters investigated by her. Similar killings are not unique, she added.

"There have been others, notably the assassination of Bosasa liquidators, Thomas and Cloete Murray, the murder of Anti-Gang Unit police officer Charl Kinnear, who was investigating cases involving organised crime, and the murder of Gauteng Department of Health whistleblower Babita Deokaran, who was killed after flagging a series of suspicious and potentially fraudulent transactions. In addition, forensic investigator Zenzele Sithole was shot dead in Johannesburg last week," she pointed out.

These events, apart from causing unspeakable pain to the families of the victims, raise fundamental concerns that those who threaten to expose corruption are themselves at risk of assassination, February noted.

"They point to murder being used as a tool to delay, distort, and pervert the course of the law. This situation is untenable," she said.

FUL wished Naudé a full and speedy recovery and urged law enforcement agencies to ensure that those responsible were speedily brought to justice.

Sars Commissioner Edward Kieswetter said the attempt on Naude's life intended to intimidate officers of the court.

"It undermines the authority of the State. Acts such as these and those who perpetrate it, must be resisted and defeated by all of us working together for the betterment of our country and ensuring that none are above the law," he said.

President Cyril Ramaphosa's opening of Parliament address has been met with praise and criticism from political parties represented in Parliament.

On Thursday, Ramaphosa officially opened the Parliament of the seventh democratic administration.

After the 2024 national and provincial elections, which saw the African National Congress (ANC) lose its outright majority for the first time since 1994, the ANC formed the Government of National Unity (GNU) with opposition parties represented in Parliament.

Eleven parties have signed the GNU Statement of Intent.

Democratic Alliance (DA) leader John Steenhuisen said the alignment with DA policy in the list of priority areas announced by Ramaphosa in his speech, was a clear indication that the party's call for a programme based on rapid economic growth and job creation had been heeded.

"We welcome with open arms the acknowledgement that growing the economy is the starting point to fix so many social ills and create a just and equal society. Cutting red tape of public-private partnerships (PPPs) is also something the DA put into practice where we govern and called for at a provincial and national level," he said.

He pointed out that the DA headed up critical portfolios that would carry out an infrastructure-led development plan that will "make South Africa a construction site", address food security, improve education and create a streamlined and efficient Home Affairs.

The party also welcomed the review of the VAT-free basket of food and a commitment by the President to review the fuel price structure.

However, the party emphasised that unless there was swift implementation and zero deviation from the reform agenda and pledges, the expectations of many citizens would remain little more than that.

Steenhuisen said his party wanted to see increased private-sector involvement in the turnaround strategy of State-owned enterprises, particularly those that pertain to service delivery.

Rise Mzansi leader Songezo Zibi said his party would support Ramaphosa's intervention on economic growth and job creation.

"As RISE Mzansi, we will work with the President and the executive to ensure that every word and every rand and cent spent over the next five years is accounted for. Our work is to ensure that this government works for the people," he said.

CAUTIOUS ENDORSEMENT

ActionSA Parliamentary leader Athol Trollip said his party's response to Ramaphosa's opening address was a blend of cautious endorsement and pointed criticism.

"While we acknowledge the alignment of many new government policies with ActionSA's manifesto, we remain wary of the government's ability and willingness to implement these policies effectively. Vigilant oversight and genuine action are necessary to transform promises into reality," said Trollip.

The party also highlighted a significant shift in government's approach in Thursday's opening of Parliament address, compared with February's State of Nation Address.

ActionSA applauded government's nod towards sustainability at the local level, but believes that clarity on how exactly it planned to support this transition should be made available.

The emphasis on inclusive economic growth and empowerment was commendable, it said, as it aligned closely with ActionSA's goals.

"The intention to release State land, provide post-settlement support, and foster rural development is a positive step towards job creation in rural areas. However, there is thin credibility to this claim," Trollip highlighted.

He said the promotion of PPPs was another point of contention, noting that while recognising their potential, it must be remembered that government had historically failed to deliver on such initiatives.

"Therefore, as ActionSA we pledge to monitor the implementation of these partnerships closely, ensuring they lead to tangible benefits rather than remaining empty promises," he explained.

Trollip said ActionSA's critique extended to the omission of critical issues, such as South Africa's i...

South Africa must fix a dysfunctional work permit system or sacrifice economic growth, the country's new Home Affairs minister said, pledging to resolve a crisis that employers say limits investment.

A byzantine application process that can extend beyond a year has contributed to a backlog of hundreds of thousands of applications, while miring his department in lawsuits from people demanding rulings on their submissions.

That's been accompanied by a national debate where foreigners are routinely accused of stealing South African jobs, in a country with an unemployment rate of more than 30%. That's despite the Treasury saying a dearth of skills is the second-biggest threat to the economy after power cuts, and skilled workers create jobs for those less qualified.

A German-South African business association, which represents companies including Volkswagen AG, has said the chaos threatens operations that support 100 000 jobs.

Won't Grow

"This country's economy will never grow if we don't open our doors to people who want to lawfully come here and make a contribution and help us get on track," said Leon Schreiber, appointed as minister last month in a coalition government dominated by his Democratic Alliance party and the bigger African National Congress.

"It is one of the jobs of political leadership to go out and actually make these kind of arguments to say this is where the problem actually is," he said in an interview on Wednesday. "Don't scapegoat and include people who are trying to actually help us build the country."

One of the 35-year-old minister's priorities includes adopting a points system to allow skilled workers to take up employment based on their qualifications, job offers and income level.

Another is resolving confusion around a so-called nomad visa, which is designed to cater to remote workers who want to base themselves in South Africa. It became law earlier this year but has frustrated potential applicants because the requirements are unclear.

"The points based system is, I think, fundamental to overhauling the whole system because it'll do away with these different requirements for different categories," said Schreiber, who is the second-youngest member of the 34-member cabinet. "It will streamline that whole process."

He also said repairing "the hostile" relationship between Home Affairs and permit applicants is key to turning the department into "an economic enabler" focused on job creation.

"This is the only department that has the capability to, within a relatively short period, bring in the skills that companies need," he said.

Angry Tourists

In addition to the work permit problem, Schreiber said he will focus on complaints about getting tourist visas, with some visitors being deterred by the difficulties in securing permission to visit South Africa.

"There's huge markets in China and India that are sending a lot of complaints through about how those processes are conducted," he said.

To tackle the work permit problems the department is working with the help of resources from Business Unity South Africa, a grouping of the country's biggest businesses, and Deloitte, he said. He will meet with a unit of FirstRand for further assistance. Schreiber also plans to revive the country's Immigration Advisory Board.

Still, Schreiber touted some recent success.

Since April, the backlog of work permit, spousal visa and permanent residence applications has been cut by 30% to about 213 000, he said.

Home Affairs could "be central to addressing the skills shortage in South Africa," he said. "That is not a curse. It's a great opportunity."

Non-governmental organisation Defend our Democracy general secretary Kristen Abrahams stresses that by fostering inclusive dialogues, promoting transparency, and ensuring accountability, civil society can help create a political environment where the State is more attuned to the needs and aspirations of its citizens.

Abrahams was speaking during Defend our Democracy's webinar on civil society's role in the new political context, where she said civil society could act as a watchdog over the Government of National Unity (GNU), enhancing the effectiveness of constitutional accountability mechanisms.

She explained that civil society promotes transparency within coalition governments.

"…by advocating for open and accessible coalition deliberations, civil society can reduce public scepticism and improve government transparency," she said.

Abrahams was reflecting on the organisation's draft document on strengthening civil society in South Africa within the context of national and provincial coalition governments, which highlighted that the shift to a coalition government necessitated reassessing existing public participation mechanisms.

She noted that civil society must evaluate whether these mechanisms remained effective in the new political context or if new approaches were needed.

This re-evaluation, she said, presented an opportunity to innovate and expand public participation methods, also highlighting the need for civil society to often call for national dialogues to foster consensus among diverse political actors.

Civil society's role was not to become politicised but to provide a platform for citizen engagement and influence in the political process, she said.

"This renewed sense of participatory governance can strengthen the democratic fabric of South Africa, ensuring that government actions reflect the will and interests of its people," she highlighted.

The Ahmed Kathrada Foundation's Mandla Nkomfe noted that a national dialogue would allow citizens to engage with politics in the country, saying communities, voters and citizens had lost trust in political organisations, in political elites, in economic elites and in businesspeople.

He said dialogue would go a long way in establishing a unified programme that inspired hope against despair.

"This process will be a long one that will involve a range of stakeholders, from businesses, civil society organisations and community organisations, all across the nation," Nkomfe added.

Abrahams explained that creating new public participation mechanisms or enhancing existing ones could ensure that citizen voices were heard and considered in governmental decisions, fostering a more inclusive and responsive political environment.

Abrahams highlighted that the evolving political landscape enhanced the potential efficacy of civil society in shaping policy and governance, noting that civil society organisations could now influence State actions more effectively, provided they maintained their independence and continued to operate with transparency and accountability.

"This increased efficacy is vital for holding the government accountable and ensuring that coalition agreements are honoured. Civil society organisations can contribute to more informed and balanced policy-making processes by leveraging their expertise and strategic positioning."

The key challenge would be to avoid co-optation and maintain a critical, independent stance while engaging constructively with the government, it said.

Abrahams noted that there were some concerns regarding civil society organisations' involvement with the GNU, saying there were worries that cooperation with the government could compromise civil society's independence and ability to hold it accountable.

She said there were worries that supporting the GNU could be seen as elitist and invite criticism from populist forces, as well as debate about the best approach for civil society.

She highlighted that despite these concerns, this new form of governan...