Polity.org.za Audio Articles

The University of Cape Town's (UCT's) council was grilled by Parliament's Higher Education and Training Portfolio Committee following the release of a scathing report into former vice-chancellor Mamokgethi Phakeng's "divisive" leadership at the institution.

The council briefed the committee following the release of the independent investigation, which found that Phakeng and council chair Babalwa Ngonyama had committed "serious governance failures" by "mendaciously misleading" the university about the resignation of a colleague.

The new council chairperson, advocate Norman Arendse, told the committee that they were determined to use the report as a road map to guide them toward a future marked by accountability and transparency, as well as a renewed commitment to strengthening the governance of the university.

"Council has acknowledged that during the period under review, in important respects, it did not exercise its fiduciary responsibilities timeously and that it did not always act in the best interests of the university," Arendse said.

"Council has acknowledged publicly that had it at the time fulfilled its governance role as required, the events that unfolded and the emotional trauma caused to many individuals could have been avoided."

Arendse also used the opportunity to publicly apologise to the staff mentioned in the report.

"Council has publicly indicated its regret for not acting sooner and has apologised unreservedly," he stressed.

A panel was set up last year following allegations that Ngonyama had supplied false reasons to the UCT senate for the early departure of Professor Lis Lange, who was the deputy vice-chancellor for learning and teaching.

According to Ngonyama, Lange chose to leave of her own accord for personal reasons, News24 previously reported.

However, Lange denied this, saying Ngonyama had effectively pushed her out and told her that Phakeng didn't want her to continue as her second in command.

The report found Lange's departure was a constructive dismissal.

The 179-page report found Phakeng used race and racial difference as a "weapon" to abuse colleagues.

It also highlighted the profound repercussions of the breakdown in executive and governance relations.

Arendse said that, in relation to the individuals implicated in the report, the council was deliberating an appropriate course of action.

"This will be done in line with UCT policies, procedures, and codes of conduct," he said.

Committee chairperson Nompendulo Mkhatshwa said: "Whatever has happened here at UCT should be used as a case study to ensure this never happens again."

Dr Marcia Socikwa, Deputy Director-General in the Department of Higher Education and Training, told the committee that Minister Blade Nzimande would consider the report.

United Democratic Movement leader Bantu Holomisa has warned South Africans that continued electoral support for the ruling African National Congress (ANC) will further entrench corruption, economic struggles, loadshedding, rising unemployment, inflation and poverty.

He wrote an open letter to the nation ahead of the November 8 and 9 voter registration weekend, announced by the Independent Electoral Commission (IEC), to encourage eligible voters to register as the 2024 provincial and national elections near.

Despite rejecting the Multi-Party Charter Pact, Holomisa believes that the upcoming elections "present an opportunity for us to pave a new path, to demand change, and to reclaim the integrity, dignity and prosperity that we deserve" by unseating the ANC.

He is also appealing to the youth to recognise the strength of group efforts and to engage in the political process as he believes they hold the key to South Africa's successful future.

"To those who have continuously voted for the status quo, which is the very obvious ANC Comrades in Corruption, I urge you to reflect on the state of our nation. It is clear that the current trajectory is not leading us towards the South Africa we aspire to live in. The perpetuation of the status quo will only further entrench the challenges we face, from corruption to economic struggles, loadshedding, rising unemployment, inflation, and poverty. Your vote holds immense power, and it is imperative that you use it to usher in the change this country so desperately needs," he stressed.

To the South Africans who don't see the need to vote and who currently make up 15% of eligible voters, according to a recent Ipsos survey, the UDM leader said while he acknowledged their frustrations and anger, he appealed with them to think about the long-term effects of disengaging.

He said by choosing to abstain they unintentionally contribute to the continuation of the very problems that have stoked their rage by failing to use their right to vote.

"Your voice matters, and you can influence our country's destiny by taking part in the electoral process," he said.

Holomisa warned that "if we do not come together in a united cry for change, corruption's rot will only deepen".

South Africans can register to vote, check their registration status, and change their address by SMSing their ID number (costs R1 per SMS) to 32810. Register online if you're 18 or older: https://registertovote.elections.org.za/Welcome

Floyd Brink has been thrown a lifeline by the City of Johannesburg, which filed an application for leave to appeal a court finding that his appointment as city manager was unconstitutional, unlawful and invalid.

An appeal would effectively suspend the finding by Acting Judge Steven Budlender given in the Gauteng High Court in Johannesburg on Tuesday that the way in which the speaker had brought the motion to hire Brink in February was illegal.

The speaker, Colleen Makhubele, brought an "urgent and exceptional" report to the council on 22 February, which included a complaint by then acting city manager, Brink, about not being considered for the permanent job.

Matters before council are usually processed by a committee and vetted for legality before being tabled for a sitting. However, the speaker may allow urgent reports to be tabled within the council meeting.

But Budlender found that the matter was not urgent for reasons that included that Brink had filed his complaint on 16 November 2022 - three months before the resolution was tabled and adopted as a matter of great urgency.

The Democratic Alliance (DA) used this process as its basis for bringing the matter to court in May.

The judge gave the City two weeks to find an acting City manager and ordered that the respondents - the City, the council, city manager, mayor and speaker - pay the DA's costs.

On Wednesday, the City said there were a "number of legal grounds for concern in the High Court judgment, which the City believes an appeal court may decide upon differently".

This suspends the implementation of the judgment.

"The City believes it is in the interests of residents that the administrative capacity and stability of the City is defended and insulated from nefarious political interference.

"The consistent political onslaught and attempts to derail the City's ability to deliver services and improve governance at an administrative level must be frowned upon and acted against," the City stated.

On Tuesday, Mayor Kabelo Gwamanda said the City would not be "deterred nor distracted, even in this instance".

"In our attempts to insulate administrative responsibility from political bigotry and in line with our priority of good governance and stabilising the City of Johannesburg, we continue to expect and view these litigious actions with a dim view," Gwamanda added.

The Gauteng High Court in Johannesburg has ruled that Floyd Brink's appointment as city manager was unconstitutional, unlawful and invalid.

This is in the wake of the Democratic Alliance's (DA's) urgent application to have the decision to appoint him reviewed in May.

On Tuesday, acting High Court Judge Steven Budlender found that the steps that led to the hiring of Brink were also unconstitutional, unlawful and invalid.

These included the decision by the council to cancel the advertising of the position, and the decision to authorise Mayor Kabelo Gwamanda to apply "corrective measures pertaining to Mr Brink's [recruitment process]… as a matter of urgency".

This order has been suspended for 10 days to allow the council to appoint an acting city manager.

The court ordered that the respondents - the City, the council, city manager, mayor and speaker - pay the DA's costs.

The Gauteng branch of the DA has welcomed the ruling, calling it a vindication.

In a statement released shortly after the judgment, the Gauteng DA said Brink's appointment as city manager "has always, and obnoxiously so, been a case of unlawfulness to the DA".

Allegations of misconduct have marred Brink's tenure.

The Gauteng DA said the municipal leadership, including Gwamanda and speaker Colleen Makhubele, had "blatantly flouted processes to ensure Brink's deployment".

"Johannesburg's rot has now been laid bare, and it is a disgrace that a High Court judgement was necessary for the law to be followed."

It added that the city manager position was "often coveted by those who make themselves guilty of corruption and tender fraud as it is a key role".

The party said that the "government of local unity" had continued to purge hard working officials to make way for cadres aligned with them.

"We look forward to bidding Brink farewell, as his tenure in the position has been filled with problematic statements, questionable decisions, and the economic hub of the country literally falling apart."

It said that the issues in the city would not be solved by simply removing the mayor, but by dissolving the council.

City spokesperson Virgil James said they would be issuing a statement on the matter later.

He could not say if the City would appeal the decision, but said that the judgment was clear.

The Economic Freedom Fighters (EFF) on Tuesday called on government to "completely sever all political and economic relations with Apartheid Israel".

On Monday, Minister in the Presidency Khumbudzo Ntshavheni announced that Cabinet has decided to recall all South African diplomats from Tel Aviv for consultation.

This as Israel continues its military assault on Gaza.

The EFF believes a complete severing of relations with Israel will show South Africa's continued solidarity with Palestine.

"This is also a step that is long overdue, and one that the EFF has consistently advocated for. However, this move must be made permanent, and should not end with mere consultations. Terminating diplomatic relations with a racist genocidal nation is imperative, especially as a country that has its own painful history of Apartheid," the party said.

The EFF has called out support for Israel from the "white supremacist, imperialist, power-hungry" US, France, Germany and other Western countries.

The party claims that Israel has indiscriminately kidnapped, held hostage and tortured innocent Palestinian civilians, bombed hospitals, homes, and even universities in Gaza and the West Bank, with almost 70% of Gaza's population being forcibly displaced from their homes.

"Apartheid Israel has also cruelly enforced a total blockade on Gaza which has resulted in severe restrictions on the flow of essential supplies, including food, water, electricity and fuel. In addition, there have been three instances of internet and communication channel disruptions in the past few days as part of Israel's ongoing ground attacks," the EFF highlighted.

Last month, the EFF marched on the Israeli embassy in South Africa and demanded that President Cyril Ramaphosa expel the Ambassador of Israel to South Africa.

"We reiterate this demand as well as call for the South African government to provide Palestinians with both the humanitarian and military support necessary to fight for their land and lives," the EFF said.

Meanwhile, the African National Congress (ANC) welcomed government's move to recall all South African diplomats, saying the "genocidal actions" of the Israeli regime on Palestinians in Gaza and the West Bank are crimes against humanity.

"We call for an immediate cease-fire," the ANC said.

The party continues to pledge and intensify its solidarity with the people of Palestine for freedom, independence, justice and equality.

GREATER RESPONSIBILITY TO PALESTINIANS

Meanwhile, Corruption Watch acknowledged the efforts of the South African government in the conflict, which includes a call for an immediate ceasefire in Gaza, as well as decisive action to recall diplomats from Tel Aviv.

However, the organisation believes that the country and its government have a greater responsibility to the people of Palestine in actively lobbying for global support, as South Africans "benefitted" from the global pressure that helped put an end to apartheid, including from Palestinians themselves.

"Anybody committed to upholding human rights should be appalled and outraged at the carnage that is unfolding before our eyes. Given South Africa's direct experience of the cruel and damaging effects of apartheid, we must call for a cession of hostilities and commitment to a process that can end apartheid in Palestine," said Corruption Watch executive director Karam Singh.

He added that South Africa, and other countries, should not stand by or condone the "ongoing subjugation of a people" and watch as these crimes against humanity are being perpetrated daily with such intensity and violence.

Singh noted that the world should not rest until the Palestinian people's right to self-determination and liberation from the Israeli occupation has been realised.

A US senator has written a document proposing several amendments to legislation renewing the African Growth and Opportunity Act (Agoa), including that there should be an immediate review of South Africa's status for preferential trade access.

Democratic Senator Chris Coons's discussion draft for the Agoa Renewal Act of 2023 proposes that the programme, which is expiring in 2025, should be extended by 16 years. He says that while the US president currently reviews the eligibility of countries annually, this should be changed to every three years. He, however, also recommended that the US "undertake an immediate out-of-cycle review of South Africa", no later than 30 days after the legislation is enacted.

Coons, who chairs the US Subcommittee on State and Foreign Operations, was part of a group of both Democratic and Republican legislators who asked the White House to move the Agoa summit away from South Africa, accusing it of deepening its military relationship with Russia.

The group also questioned South Africa's eligibility for trade benefits under Agoa.

Coons has close ties with South Africa, and in his youth volunteered with the South African Council of Churches, then led by late Archbishop Emeritus Desmond Tutu. In 1986, he published a book about the anti-apartheid disinvestment movement among US universities.

In the end, the Agoa summit was still hosted in South Africa last week, and the country continues to push to remain part of Agoa.

There has, however, been significant pushback from US lawmakers, with Republican senator Jim Risch last week expressing concern over South Africa's geopolitical stance.

"I was also disappointed to learn that South Africa will remain fully eligible for Agoa's duty-free trade preferences in 2024, despite South Africa's continued actions that subvert US national security and foreign policy interests," he said in a letter to Secretary of State Antony Blinken and US trade representative Katherine Tai.

"South Africa's relationship with Russia, and most recently with Iran and Hamas, undermine necessary eligibility safeguards in the Agoa statute, and the administration failed to take standard formal actions to communicate Agoa-related concerns to South Africa through a warning letter or demarche.

"The administration's handling of Agoa, exemplified by its posture toward South Africa, make it clear that Congress must take course-correcting action."

SA's Trade, Industry and Competition Minister Ebrahim Patel told SAfm on Monday that the country was proposing a two-stage renewal process for Agoa.

"[This is] so that we move rapidly to consolidate what we have and then sit down and work through how we can improve it," the minister said.

Patel said, in response to a question on the criticism by US politicians, that that country's "political system is such that you are never going to get absolute unanimity on anything."

"What we have tried to do… is build bipartisan support. Over the last few days, we have had very significant support expressed for Agoa.

"There is no question about it - the appetite for the extension of Agoa has grown enormously, and it is the first part of what South Africa is seeking to do.

"Once we have got that locked in, then it is a matter of ensuring that we get the widest coverage. We have built very strong support within the business community, both in the United States and in South Africa, for the extension of Agoa and for the inclusion, not only of South Africa, but all of the countries that are currently the beneficiaries," Patel said.

Agoa gives duty-free access to 25% of South African exports to the US, SA's second-biggest single-country trading partner after China.

When I got to university, one of the highlights of the year was the InterVarsity rugby match between UCT and Stellenbosch. By that time, I was fairly politically aware, having grown up as a liberal, my parents having been founder members of the Progressive Party, and at UCT, there were a very limited number of black students, (meaning Africans Coloureds and Indians) and they were obviously very aware of segregation.

One of the targets of people who were anti segregation was the annual InterVarsity between UCT and Stellenbosch. One year we would go to Stellenbosch and one year they would come to UCT and my recollection is that the UCT home ground for the InterVarsity was Newlands.

Among the circle in which I discussed politics, the idea of boycotting InterVarsity gained ground and some people who pledged themselves to boycott InterVarsity did not carry it out or did carry it out initially, but lapsed.

I carried it out throughout my period as a student at UCT. This has been part of my political consciousness, that I have not undertaken what I would not carry out. While that is an ethical consciousness, it can also be rigid and that may explain why in the years that followed, I continued to boycott apartheid rugby and cricket and sports. But even now, when there is no ethical reason against watching rugby, when we have non-racial sports it's hard for me to adapt and break a de facto boycott.

It should be mentioned that in the period that followed my studying and teaching at UCT up till late 1969, the anti-apartheid movement in Britain and later New Zealand developed effective campaigns to disrupt Springbok rugby tours. Although I was in the UK at the inception of the campaign, I stayed away because I was en route to leaving my studies and working as an underground operative.

Later, when I was in prison from the mid-1970s, the Springbok tour of New Zealand was extensively disrupted. We had no access to newspapers but could sense that something "terrible" had happened (from the point of view of the warders) because of the aggressive way they opened our doors and addressed us.

RWC 2023 and its significance

Obviously, many people are very happy about the Springboks winning the World Cup and as indicated, it has evoked widespread joy and a sense of a previously divided people belonging to one another.

Without having studied this carefully, the high-profile presence and leading players being black did not happen by chance, but involved careful work by coaches "Rassie" Erasmus and Jacques Nienaber. The victory resulted to a significant extent from conscious focusing on "spotting" potential rugby stars in the black communities from under-15 level and enhancing their talents through a rugby academy established by Erasmus.

That is why one has a black rugby captain and black players as leading members of the team. It may have coincided with making the team more representative of the population as a whole, but according to Erasmus, the black captain and players were not specifically intended as a contribution to this spirit. It is the result of the academy and improving opportunities. Erasmus maintains every player and the captain were chosen on merit. Even if not intended, it has had political effects, as Mondli Makhanya summarises:

"Much has been said about the leadership of Rassie Erasmus, Siya Kolisi and the rest of the technical team. Yes, leadership matters tons but that does not tell the whole story.

"The sense of purpose prevails among all members of the team, and you can feel that when they are wearing that jersey - it is more than just about playing a game of rugby. It is about national duty, …

"And so we find ourselves in an era when a symbol that black people were prohibited from wearing and that they in turn reviled is now the most potent sense of pride for all.

"And we find a sport that was regarded as 'the Afrikaner's second religion' is now the one that glues the nation together." (See Mondli Makhanya, "From symbol of apar...

"The events of the past six weeks are an incredible tribute to the transformation of a symbol that once represented raw Afrikaner nationalism and power to one that is currently the strongest glue of a nation.

"After breaking into the quarter-finals, there were those last three one-point win matches during which the entire nation was on the verge of cardiac arrest.

"The explosions of joy after each of those, particularly the final, generated enough energy to power a spaceship to the outer reaches of the universe." - Mondli Makhanya, "From symbol of apartheid to glue of the nation" (City Press 5 November 2023)

"I watched as we gathered in communion, excited and nervous; our path here was not easy. I saw different cultures welcome each other, as our team represented a variety of people who live in our country. …

"I watched confidence grow on their faces as they observed the prowess in teamwork, strategy and skill moving things forward to take the lead. I saw a room full of strangers become best friends as they cheered strong defensive moves and collectively held their breath as the point difference narrowed.

"The hopes of a nation holding on by one point clearly visible in the eyes of each person, and the anguish of watching the clock tick when time itself seemed to slow down."- Alaister Russell- "I didn't watch the game, but I saw how beautiful South Africans can be when they're truly happy", (Sunday Times 5 November 2023).

Introduction

I have a complicated history with rugby. I grew up as a typical white South African boy. I think this is also true of many young black boys growing up and wanting to be a top rugby player. In the case of myself, I would have wanted to be a Springbok rugby player, rather than realise any academic achievements. Although I was brought up with an emphasis on ethics and integrity at home, in my school environment this did not feature in most interactions, compared with the emphasis, which I internalised on the importance of toughness and excellence in rugby.

But I unfortunately had a leg injury at the age of nine and was not able to play rugby. Every year, I would go to the orthopaedic surgeon with my parents and ask whether I could play rugby and he would say "no". And I would go home, crying.

What I see at work there, and why I'm willing to re-examine my/our relationship with rugby, which is also more complicated in the political sphere, is that rugby was emblematic in many ways of hard, tough masculinities. Playing rugby was part of the rites of passage from boyhood to manhood - and it's no accident in South Africa that rugby is a very rough sport.

One could not be a proper man or grow up to be a proper man, as I understood it in my youth, unless one was a rugby player. I did no theorising then and this is all ex post facto reflection, my understanding things now in ways that I did not try to or could not comprehend then.

Because I was not playing rugby, I was consigned with other "moffies" to play hockey. Now the word "moffie" is understood to refer to gay men, but the predominant usage I encountered in the Western Cape where I grew up was a reference to someone who was a sissy. (See Pierre de Vos's excellent reminiscences of his relationship with rugby and his father: https://www.dailymaverick.co.za/article/2023-11-01-rugby-rassie-the-springboks-my-father-and-me-a-south-african-parable/)

Hockey is of course also quite a tough game in the sense that you can be badly injured (especially in those years when the protective equipment was not as well developed as it is now), but the danger - which then appealed to me - was not on a par with rugby.

There are some eight and 10 years that separate me from my younger brothers and we did not know of one another's experiences with rugby, because I was in Cape Town when they were in high school in Johannesburg. Both were leading players at their schools, Northview High School.

My younger brother, John, who captained several rugby teams tells me that if one...

In one of the world's most unequal nations an acute shortage of skilled workers is restraining already tepid growth, limiting job creation and pushing some foreign investors to think about moving their money elsewhere. This skills shortage has been identified by the South African presidency as the second biggest impediment to economic growth, after crippling power outages. Yet the government department that could resolve the problem, home affairs, has been accused of exacerbating it by failing to deal with a visa system that appears to be causing self-inflicted damage on the economy.

Skilled worker shortages are most acute in areas such as engineering, science, information technology and management-level personnel, according to a government report that called for urgent reform to the visa system. One business organization, which includes car companies Volkswagen AG and BMW AG has warned that delays in the process - it can take 48 weeks to have a visa application accepted - threaten expansion plans, investment and jobs in South Africa where unemployment is running at 33%.

Schools, universities and small enterprises also complain that the Department of Home Affairs appears unable to efficiently process work and residence permits and that it is hampering their operations. Some have been left short of staff, others have delayed or reconsidered investment plans with several African countries now considered as alternative sites for regional headquarters.

"We are experiencing these kind of issues," said Klaus Eckstein, senior representative for Bayer AG, the German multinational pharmaceuticals group, in the region. It runs manufacturing plants and research and development facilities in South Africa. "We are looking to expand. This is not helping anyone. It's not helping South Africa. It's not helping the business," he added.

South Africa's economy is already being held back by inadequate power supply, a dysfunctional rail and port network that's limiting exports and a dearth of foreign investment, partially caused by the inability of companies to source the skills they need to expand. Those factors are expected to limit growth this year to just 0.9%, according to the International Monetary Fund.

Worker shortages have been a global problem since the coronavirus pandemic, but the issue has dogged South Africa for more than a decade. A team set up by Cyril Ramaphosa, South Africa's president, found that between 2014 and 2021 a total of just 25,298 work permit visas - an average of 3 162 per year - were approved in a nation of 60-million people. The shortages have been exacerbated by high levels of emigration by skilled South African workers.

More than half of all visa applications between 2014 and 2021 were rejected, some due to errors made by applicants and officials in the home affairs department. Annual applications for critical skills visas have more than halved from almost 7 000 in 2017 to 3 077 in 2021. The number of applications for business and general work visas have also slumped.

The Ramaphosa group recommended a raft of changes including a points system and a trusted employer program so that bigger companies would face less scrutiny. Its report estimated that for every skilled employee brought into the country more than one other job is created and even a 1% increase in imported skilled workers would boost gross domestic product by 1.2%.

In October the Department of Home Affairs took a step toward implementing the recommendations by asking companies that want to secure work permits for senior executives and technicians to take part in a pilot of a trusted employer program, that would prioritize their applications. If implemented fully, the changes could streamline the process. But progress has been slowed by political infighting in the Ramaphosa government and a crumbling civil service. Family residence permits are often not approved at the same time as work permits, the department is understaffed and its computers downlo...

Cabinet has given its strongest indication that it might be mulling the removal of Israel's ambassador to South Africa, Eliav Belotsercovsky, after Minister in the Presidency Khumbudzo Ntshavheni described his presence in the country as untenable.

Ntshavheni spoke directly to Belotsercovsky's comments on the ongoing conflict between Israel and Hamas as going against his "invitation as a guest in this country".

"The position of the ambassador of Israel in South Africa is becoming very untenable. Cabinet has instructed Dirco to take necessary measures within the diplomatic challenges and protocols to deal with the conduct of the ambassador of Israel to South Africa.

"We leave it to Dirco to decide what will be done with the ambassador. He is a guest in our country and must conduct himself as a guest, and he has no right," she said without speaking directly about which comments Cabinet was unhappy.

The minister was speaking on Monday at a post-Cabinet media briefing after the meeting was held by President Cyril Ramaphosa and his executive on 1 November.

In another move to strengthen its diplomatic stance, Cabinet has also instructed that all diplomats stationed in Tel Aviv should be withdrawn.

"The South African government has decided to withdraw all of its diplomats in Tel Aviv for consultation," Ntshavheni said.

She did not elaborate on which positions these people held, as South Africa currently does not have a functioning embassy in Israel, maintaining only a liaison office after a decision to close the embassy was taken years ago in protest against Israeli government policies and actions in Palestine.

South Africa's diplomatic stance in favour of Palestine and in opposition to Israel has continued since Israel's invasion of Gaza and continuing airstrikes conducted by the Israeli Defence Force.

Ntshavheni doubled down on comments she made at a previous Cabinet meeting.

She described Israel as a perpetrator of another "holocaust".

The government saw Israel's actions as disrupting world order, and she warned that this could also spike regional conflict.

Ntshavheni took aim at the US government's continued aid to Israel after the country retaliated against Hamas fighters who killed thousands of Jewish citizens in an attack on 7 October.

"Cabinet is disappointed by the Israeli government's refusal to respect international law and the UN resolutions with impunity. The humanitarian corridors remain closed due to the continued attacks of the Gaza Strip by the Israeli government, which increased the death toll to more than 9 500," she said.

"The airstrikes in Gaza and the West Bank continue to attack schools ambulances and civilians. As previously communicated, a genocide under the watch of the international community cannot be tolerated. Another holocaust in the history of humankind cannot be acceptable. Israel is threatening the stability of the global system by its conduct against the Palestinian people."

The African National Congress (ANC) held a protest at the Israel embassy in Pretoria in October.

ANC deputy secretary-general Nomvula Mokonyane called explicitly for the expulsion of Belotsercovsky from the country.