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Polity.org.za Audio Articles

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  • ANC will appeal court ruling to stop "unlawful" use of its trademarks by MK Party
    The African National Congress (ANC) announced on Monday its intention to appeal the judgment of the High Court, in Durban, after losing another legal battle against the newly formed uMkhonto weSizwe Party (MK Party).
    The court dismissed with costs the ANC's application against the MK Party over its logo.
    The ANC took the MK Party to court to stop the party from using the name and logo associated with the ANC's military wing, formed during the apartheid era.
    ANC secretary general Fikile Mbalula said that the party would be appealing the matter to stop and prohibit the "unlawful" use of the ANC's trademarks, symbols, and heritage by former President Jacob Zuma's newly formed MK Party.
    "In appealing the judgment, the ANC will centre the question of whether the unauthorised use of one's intellectual property is contingent on what and how the unauthorised party uses the property for. Furthermore, we believe that the goodwill associated with the Umkhonto w Sizwe Party is that of the ANC. It is this goodwill that Zuma's Party is attempting to unduly appropriate unto itself," said Mbalula.
    He explained that in the application considered by the Durban High Court, the ANC relied on Section 34 of the Trade Marks Act, to show that the MK Party was misrepresenting itself as being connected or associated with the ANC, with the use of the ANC's logo and name, uMkhonto weSizwe.
    The ANC argued in court that the MK Party wanted to confuse voters ahead of the elections.
    Mbalula said his party reiterated that it was committed to respecting the laws of the country and to a free and fair election in line with the Electoral Code.
    "As an organisation that values all the different facets of democracy we are not opposed to the Zuma Party's presence on the ballot. However, in bringing this case the ANC is defending its intellectual property, the legacy of the liberation struggle for future generations," he said.
    He stated that the country's democracy stood on the shoulders of the men and women who joined uMkhonto weSizwe, the Spear of the Nation, at a time when being associated with the ANC was virtually a death sentence.
    "The ANC was and is to this day the heart and soul of uMkhonto weSizwe. We strongly believe an appeal is duly warranted," Mbalula said.
    3 min
  • Risk sensitive South African rand weakens as geopolitical tensions bite
    South Africa's rand weakened in volatile trading early on Friday, as reports of an Israeli attack on Iran sapped risk sentiment and sent currency markets into a tailspin.
    In the latest tit-for-tat exchange between the two arch-foes, Israel launched an attack on Iranian soil, sources told Reuters. Iranian state media reported that drones had been shot down.
    The rand initially hit a near two-month low of 19.3800 to the dollar in a sell-off of risk assets as investors scurried towards safe-haven dollar and gold.
    However, some calm returned to the markets after a senior Iranian official said Iran had no plan to strike back immediately.
    "Diminished concern over a broader regional conflict, as Iran reported minimal damage to its infrastructure and confirmed no impact on its nuclear sites, contributed to the markets' partial recovery," said Andre Cilliers, currency strategist at TreasuryONE.
    At 0802 GMT, the rand traded at 19.2300 against the dollar, down 0.38% from its previous close.
    On the stock market, the Top-40 index and the broader all-share index were both trading in the red, about 0.7% weaker in early trade.
    The dollar was last down 0.1% against a basket of currencies but still hovered near a five-month high.
    Capital Economics chief economist Neil Shearing said Iran lifting flight restrictions may also have helped the markets.
    "This might indicate that the attack was at the more moderate end of the spectrum," he said in a research note.
    2 min
  • Labour Party files court papers to postpone election date
    The Labour Party wants the Constitutional Court to find in its favour to postpone the date of the upcoming elections to July or August, citing Electoral Court delays in its case to reopen the Independent Electoral Commission's (IEC's) online portal.
    The Labour Party's application to reopen the IEC's online portal, which the party argues was unstable during the uploading period, was dismissed on Monday. However, the Labour Party noted that two of the five Electoral Court judges agreed with the party's arguments.
    The Labour Party says the IEC's online portal malfunctioned before the March 8, 17h00 deadline, resulting in many new parties being unable to upload the supporting documents required by the amended Electoral Act, which now requires new parties to upload up to 62 000 names, surnames, ID numbers and signatures of registered voters in order to contest the election.
    The Labour Party argued that the Electoral Court "dragged the urgent application" to reopen the portal for over a month.
    "…which led to the Electoral Timetable's milestones passing by, thus rendering the relief sought moot and academic. The Labour Party (and several other new political parties) therefore had no other viable choice than to approach the ConCourt for urgent relief," the party explained.
    Now the Labour Party wants the Constitutional Court to find its exclusion from the elections "inconsistent with the Constitution and unlawful" and for the President to postpone the elections.
    "The paragraph that best describes the crux of the decision before the [Constitutional] Court, must be paragraph 64 of our [founding] affidavit. This paragraph crisply and succinctly summarises the prejudice faced by the Labour Party and many other parties as compared to the relatively small effect of postponing the elections. Let's be frank, it would be better to have free and fair elections a few weeks later, than to have the elections on 29 May 2024, but the elections are not free and fair," said Labour Party Secretariat Krister Janse van Rensburg.
    3 min
  • An ACDP govt promises safety, respect and a return of the death penalty if elected
    The African Christian Democracy Party (ACDP) is underscoring its commitment to a safer South Africa for citizens and investors, with an emphasis on respect for all and a promise to bring back the death penalty to deal with the country's high levels of crime, if the party is elected to govern after the May election.
    ACDP leader Kenneth Meshoe spoke exclusively with Polity on Friday, and unpacked the party's policies laid out in its 2024 election manifesto, as well as his resistance to enter into a coalition with the African National Congress (ANC) or the Economic Freedom Fighters (EFF).
    Discussing employment opportunities, he said for the country to be able to create jobs, security needed to be addressed. He said investors had to be assured of their safety to create an environment that was conducive to job creation.
    He said investors must also be assured that their assets would not be "burnt down" as Meshoe said "South Africa is notorious for torching things" if citizens are unhappy.
    Added to that, he said government policy must be stable and assuring for investors.
    "We want business to do their work, their businesses, without government interference. When the climate is conducive for investment and job creation and investments come, we will be able to deal with the problems of joblessness. Because people will get jobs when people start investing," Meshoe laid out.
    In dealing with crime in the country, the ACDP promises to double the number of police and Meshoe expressed the need to reintroduce the death penalty.
    "We are not ashamed to say that. Crime is out of hand, we will introduce anything that will help to reduce crime. We will ensure that criminals do not have the same rights as law-abiding citizens, as their victims. You become a criminal, you are found and evidence is there you committed the crime, you definitely will suffer consequences," he stated.
    Criminals were currently not afraid of the law, Meshoe said, and the ACDP wanted to turn that around by closing the gap in the ratio of police to citizens, by not overloading detectives with cases and by properly training and equipping detectives.
    "In South Africa, unfortunately, the arm of the law is weak. And the ACDP wants to strengthen the arm of the law so that we can bite, so that criminals can start fearing the law. Criminals don't fear, they challenge. That's why they even rob police stations," he said.
    WHISTLEBLOWERS AND COALITIONS
    Another priority to deal with crime and corruption was the incentivisation of whistleblowers.
    Meshoe said an ACDP government would pay people for exposing corruption, adding that communities should be assured of their protection if they speak up against crimes witnessed.
    He also had a warning for police who were supposedly paid to expose whistleblowers.
    "Anybody, any policeman who exposes a whistleblower, we will have rules and regulations and laws that will govern how to deal with corruption. That will include punishment for those that are involved in corruption. There are policemen, corrupt police, that sell dockets and that expose whistleblowers. If you expose a whistleblower, there will be a sentence for you," he warned.
    Added to this, Meshoe said the ACDP would not enter into coalitions with parties that were corrupt.
    He said corruption within the ANC and among Cabinet members was known, referencing the Zondo Commission of Inquiry into State Capture, which revealed the names of some government officials involved in corrupt activities.
    "…the ANC does not want to deal with them. Some are still on the 2024 election list. So they are not serious about eradicating corruption. So when it comes to the ANC, the ACDP has said they have shown their true colours, and therefore the ACDP will not form a coalition with them. Secondly, the EFF have shown a disrespect not only to authority, [they have] shown a lack of respect to elders. ACDP still believes strongly in respect," Meshoe stated.
    As part of the Multiparty Charter, which could possib...
    9 min
  • Reserve bank to cut rates less than earlier thought in 2024 - poll
    South Africa's central bank is now predicted to deliver only 50 basis points of interest rate cuts this year, less than earlier projected as inflation is seen taking slightly longer to return to the Reserve Bank's comfort zone, a Reuters poll found.
    A cut of 25 bps to 8.00% next quarter, either in July or September, is expected from the Reserve Bank, according to a survey carried out in the past week, compared with 50 bps predicted in a March poll.
    The repo rate will finish the year at 7.75% instead of the 7.50% predicted last month if the central bank delivers another cut in November as the latest poll predicts.
    "We now forecast a more drawn-out, shallower easing cycle in South Africa," wrote Razia Khan, head of macro research for the region at Standard Chartered.
    Although inflation will likely dip below the mid-point of the central bank's target band in the fourth quarter it may ease hesitantly, Khan added.
    There will be a temporary dip in inflation in the last quarter of 2024 before it quickens again early next year, the poll showed.
    The central bank kept its main interest rate unchanged in March, saying restrictive policy was still needed to address elevated inflation expectations.
    It also said it did not expect headline inflation to reach the 4.5% midpoint of its target range before the end of 2025, later than previously forecast. The poll, however, suggests that could happen in the third quarter of next year.
    Inflation is expected to average 5.1% this year and 4.6% next, the survey showed. Consumer inflation fell slightly more than expected in March, to 5.3%, but analysts are wary.
    Volkan Sezgin, senior economist at Continuum Economics, said the drop could be short-lived because of drought conditions, rising oil prices and renewed rand weakness.
    "We continue to foresee the South African Reserve Bank will likely delay the rate cuts to Q3 until after the May 29 elections, if the Q2 CPI trajectory allows," added Sezgin.
    South Africa - the continent's most industrialized economy - is due to vote in general elections next month, the same month as the next Reserve Bank meeting. Only two of 20 economists expect a rate cut at that meeting.
    The economy is expected to grow 1.1% this year, unchanged from last month's survey and 1.6% next year, 0.1 percentage point better than had been predicted.
    3 min
  • DA wants committee to investigate 'inflated' salary of Parliament Secretary
    The Democratic Alliance (DA) has tabled a motion for the establishment of an ad hoc joint committee to investigate allegations that Secretary to Parliament Xolile George's renumeration package was inflated by 70%.
    Reports that then-Speaker of the National Assembly Nosiviwe Mapisa-Nqakula approved the increase, which saw George's annual package increased from R2.6-million to R4.4-million, prompted the DA to lay a complaint with the Joint Standing Committee on Financial Management of Parliament.
    Mapisa-Nqakula has since resigned from her position, following allegations that she accepted bribes during her tenure as the Minister of Defence and Military Veterans.
    The DA, which also lodged a complaint with the Powers and Privileges Committee, said the matter had been met with "roadblocks".
    "Despite the senior counsel appointed by Parliament confirming that the Executive Authority [Mapisa-Nqakula and Amos Masondo] have a case to answer for; the committee ignored that legal advice and opted to not pursue the matter since Mapisa-Nqakula had resigned. The DA believes that this is a terrible decision by the ANC in the committee and once again seeks to stifle accountability," the party said.
    It wants a report on the matter tabled before Parliament ends its term on May 21.
    2 min
  • Home Affairs publishes final white paper on Citizenship, Immigration and Refugee Protection
    Minister of Home Affairs Dr Aaron Motsoaledi announced on Wednesday the publication of the final White Paper On Citizenship, Immigration and Refugee Protection.
    Motsoaledi was briefing the media on the publication and explained that the Final White Paper is a product of robust engagements.
    Last week the cabinet passed the paper after public comments.
    In November, the department published the White Paper On Citizenship, Immigration and Refugee Protection towards a complete overhaul of the migration system in South Africa for public comments.
    Written submissions were meant to reach the Department of Home Affairs on or before January 31.
    Motsoaledi explained that public hearings were conducted in all nine province, highlighting that the outcome of the engagements and public comments is that the policy position adopted in the white paper enjoyed wide support.
    He noted that only a handful of public interest group are opposed to selected policy positions, such as the withdrawal of 1951 refugee convention, the 1967 protocol - UN protocols - and acceding to them with reservations proposed repeal of Section 4.3 of the South Africa citizenship Act.
    "…and the first safe country principle. This are the things that people objected to," he explained.
    He said the department carefully considered all the oral and written submissions and highlighted that public comments to the paper reaffirmed an urgent need to adopt effective policy measures and legislative interventions, dealing with migration in the country.
    He said that South Africa has different pieces of legislations dealing with citizenship, migration and refugee protection, noting the Citizenship Act which was passed in 1995, the Immigration Act passed in 2002 and the Refugee Act passed in 1998.
    Motsoaledi noted that the paper proposed that government of South Africa must review or withdraw from the 1951 convention and the 1967 protocol with a view to accede to them with reservation, like many other countries did.
    He explained that government only intended to exercise its rights granted in article 42 of the 1951 convention and article 7 of the 1967 protocol and make reservations accordingly.
    He previously said South Africa had to correct its "mistake" when it adopted the UN protocols without reservations in place. Those opposed to the move warned that this could mean migrants would be stripped of certain rights.
    Motsoaledi said the refugee protection and immigration legislation must provide for reservations and exceptions as contained in the 1951 convention and 1961 convention.
    "…particularly in that South Africa does not have the resources to grant all the socio economic rights envisaged in the 1951 convention. Remember these rights were developed for all the countries - rich and poor - and there will be those countries, which will find there won't be a problem, but others will," he said.
    4 min
  • Labour Party approaches ConCourt to postpone election date
    The Labour Party of South Africa on Tuesday noted that owing to Electoral Court delays in its case to reopen the Independent Electoral Commission's (IEC's) online portal, the party will now be launching an application to the Constitutional Court seeking to set aside the electoral timetable and postpone the elections scheduled for May 29.
    On Monday, the Electoral Court handed down judgment in the Labour Party's application to reopen the IEC online portal, which the party said was unstable during the uploading period during which parties were asked to submit the required documents needed to contest the elections.
    Parties had until 17:00 on March 8 to ensure all documents were submitted.
    In March, the Labour Party asked the Supreme Court of Appeal to ensure that its application to the Electoral Court was set down as soon as possible, raising concerns that delays in the matter being heard would threaten the freeness and fairness of the 2024 national and provincial elections.
    "The judgment which was handed down more than a month after the urgent application was filed, dismissed the case of the Labour Party with no order as to costs," said Labour Party secretary Krister Janse van Rensburg.
    He explained that the judgment contained a minority dissent of some of the judges on the panel who agreed with most, if not all, of the Labour Party's arguments.
    After meeting with its legal team and considering the Electoral Court's judgment and the minority dissent, the Labour Party made the call that the relief that was initially sought has effectively become moot.
    Van Rensburg explained that a draft notice of motion outlining the gist of the case has been served on the IEC as a courtesy.
    "As this matter is currently sub judice, and we are still busy drafting our court papers, we will reserve comment on the finer details of our case," he said.
    The party is confident that the ConCourt will see the "prejudice to be suffered" if political parties are excluded from participating in what is being called a critical election.
    "Put simply, these elections will most definitely not be free and fair if the IEC is left to bar new parties when it itself admits serious shortcomings in an untested and glitchy online portal," he added.
    Van Rensburg said that even more compelling is the serious prejudice caused to the Labour Party, other new parties and the voters by the IEC and the Electoral Court dragging their feet for more than a month to pronounce on Labour Party's case.
    "It is a clear travesty of justice, and we are of the firm belief that the ConCourt will not allow this situation to prevail," Van Rensburg said.
    3 min
  • South Africa inflation slows slightly more than expected in March
    South Africa's headline consumer inflation fell to 5.3% year on year in March from 5.6% in February, statistics agency data showed on Wednesday.
    Analysts polled by Reuters had forecast that inflation would slow to 5.4% in annual terms.
    The South African Reserve Bank (SARB) kept its main interest rate unchanged at 8.25% last month, saying its policy stance needed to remain restrictive to tackle higher inflation expectations.
    It expects headline inflation to reach the midpoint of its target range of 4.5% only near the end of 2025.
    SARB Governor Lesetja Kganyago told Reuters earlier in April that South African policymakers were in discussions to lower the bank's current inflation target range of between 3% and 6% to bring it more in line with peers.
    On a month-on-month basis, inflation was at 0.8% in March compared to 1.0% a month before, Statistics South Africa said.
    2 min
  • PSA advises Ramaphosa to delay signing NHI Bill into law
    Given the uncertainty surrounding the political landscape after the May elections, the Public Servants Association (PSA) has advised President Cyril Ramaphosa to delay the signing of the National Health Insurance (NHI) Bill.
    The NHI Bill was passed by the National Council of Provinces in late 2023, and sent to Ramaphosa to be signed into law.
    Government has stood firm in its support for the Bill, despite warnings that it undermines universal healthcare instead of advancing its progress.
    The Bill has been sharply criticised by doctors, health facility providers and health insurance companies.
    The PSA said it was extremely concerned about the implications of proposed tax hikes to fund the NHI scheme, pointing out that South Africans are not able to bear such a financial burden, particularly during the current economic climate.
    The PSA said government's plan to increase value-added tax and income tax to offset the NHI deficit was alarming, and it was urging government to instead address fiscal inefficiencies, including fruitless expenditure and corruption.
    The PSA said the funding model presented by the Department of Health lacked sustainability, saying it disproportionately burdened the poor who were already struggling to make ends meet with a high cost of living, constant increases in petrol prices and high interest rates.
    "In addition, salary increases have consistently lagged behind inflation rates, exacerbating the financial strain on households," PSA added.
    The association believes that the proposed tax hikes are likely to be insufficient to cover the costs of the NHI, and that it will also place additional strain on consumers, further diminishing their purchasing power and exacerbating financial hardships.
    Previous estimates suggested that government would need nearly R200-billion a year to sustain the NHI.
    With persistent economic challenges, the PSA again stressed that citizens would undoubtedly bear the brunt of the financial burden and that this would perpetuate financial constraints on households and deepen socio-economic inequalities.
    The association advised government to prioritise job creation to bolster revenue streams and alleviate the pressure on taxpayers.
    The PSA said any funds acquired through corrupt means must be recovered and redirected towards supporting the NHI. It also tasked government with streamlining Cabinet and reducing unnecessary expenditure.
    3 min

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