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In marking Public Service Month, President Cyril Ramaphosa stated on Monday that action to discourage corruption in government departments must continue if government is to build an accountable, professional civil service.

He said "it is correct" that corrupt activities be exposed and action taken against those responsible.

Ramaphosa wrote in his weekly letter to the nation that every September South Africa marks Public Service Month to draw attention to the role of the people who work in government.

Last week, in Parliament, Ramaphosa outlined the "commendable work underway" in government to discourage corruption, including the completion of over 11 000 lifestyle audits of public servants.

"While many citizens daily experience the orderliness, professionalism and courtesy of frontline service officials, the headlines and online debates are often reserved for public servants involved in corruption or mismanagement," he said.

He explained that public servants must uphold the standards expected of them, especially at points of service, and are expected to advance social and economic development through the services that they provide to citizens.

"We often think that public servants are lacking in the provision of services to citizens and yet there are areas of distinction in the public service that don't make the headlines," he said.

Ramaphosa noted that credit must be given, where it is due, to civil servants who serve South Africans with honesty and integrity.

He announced that later this year, government will gazette several regulations to guide the implementation of the framework for the professionalisation of the public service, which was adopted by Cabinet last year.

He explained that the regulations of the framework will contribute to greater stability in the leadership ranks of the public service, ensuring that recruitment processes are more rigorous and prospective public servants undergo competency testing before taking up positions.

Ramaphosa added that the implementation of the framework will improve the conditions of service for public servants and bring stability to departments that have undergone prolonged periods of uncertainty and flux.

"A better trained civil service that attracts suitably qualified individuals will engender greater public confidence. As we recognise the critical work of the public service and as we commend the many public servants who diligently serve the nation, we know that there is much room for improvement," he said.

The Democratic Alliance (DA) said on Monday its latest court application seeks to force the National Electricity Regulator of South Africa (Nersa) to re-evaluate its electricity tariff increase, and ensure that public participation is undertaken to provide crucial data on the impact of the proposed tariff increase.

The party took government to court over loadshedding and the "unaffordable" electricity tariff hike of over 30%.

The DA's court papers argued that Nersa misinterpreted Section 15 (1) (e) of the Electricity Regulation Act, and did not take public participation into account when the Multi-Year Price Determination (MYPD) was undertaken.

DA Federal Council chairperson Helen Zille noted that the party was seeking to have the MYPD decision declared invalid and suspended, and that it was giving Nersa six months to remedy the situation.

She said the ongoing electricity crisis was wreaking havoc on the country's economy, with Stage 6 loadshedding alone costing the nation a staggering R900-million daily.

Nersa has granted Eskom a 31.4% electricity tariff hike over the next two years. Zille said this meant that South Africans were forced to pay much more for electricity at a time when millions were unemployed as a result of loadshedding.

"This dire situation cannot be allowed to continue. We extend an invitation to all South Africans to join our mission to protect our fellow citizens from skyrocketing electricity prices. Together, we can make a difference and ensure that the ANC's [African National Congress'] failures no longer burden the people of South Africa," she said.

Zille blamed the ANC government for the energy crisis through its failure to plan, take expert advice, or take action to meet the country's electricity needs, compounded by extreme corruption and administrative failure.

This had violated most of the provisions in the Constitution's Bill of Rights, she added.

"We seek a declaration from the court confirming that this failure is due to government and State failure, which failed to take responsibility for defending constitutional rights. This failure is inconsistent with the Constitution," she said.

Zille highlighted that once such a court declaration had been made, the party sought the appointment of a Special Master to oversee, regulate, monitor, and report to the Court on the government's progress in implementing the Energy Action Plan that is supposed to deal with the crisis and related issues.

"This independent Special Master must have the necessary expertise to evaluate the situation, monitor and report accurately, enabling South Africans to know what is going on, and what they can expect, and plan accordingly," she said.

Former president Jacob Zuma's attempt to privately prosecute News24 specialist legal journalist Karyn Maughan and senior State advocate Billy Downer has come to an end.

Zuma's application to appeal an adverse finding of his private prosecution was heard in the KwaZulu-Natal Division of the High Court in Pietermaritzburg on Monday.

In July, Judges Gregory Kruger, Jacqui Henriques and Mokgere Masipa deemed Zuma's private prosecution against Maughan and Downer an abuse of power.

In delivering judgment on Monday, after just 10 minutes of deliberation, Kruger said: "We arrived that there are no merits in any of the arguments raised by Mr Zuma."

Zuma was ordered to pay the legal costs of the appeal.

Previously, the three judges agreed that Zuma's private prosecution of Maughan had all the elements of a Strategic Litigation Against Public Participation (SLAPP) suit, which is a legal strategy often employed by big corporations or individuals, who bring defamation actions for huge amounts against individuals who criticise them.

The arguments

Advocate Tembeka Ngcukaitobi, for Maughan, submitted to the court that Zuma's lawyer, advocate Dali Mpofu, and his counsel "do not address the findings at all and make no attempt to explain what is wrong with the [previous private prosecution] judgment".

"When we talk about abuse [of court processes], you [judges] have dealt with this extensively. There is no basis and no attempt to engage with actual findings to be overturned on appeal."

He went on to admonish the appeal of the private prosecution judgment.

"The reason why it is a scandalous appeal in relation to the findings is not just that they fail to engage with findings, but the facts [in the original judgment] are so blatant and have common cause."

He said it was pointless for the high court to ask the Supreme Court of Appeal to "examine the question of fact".

"There are no grounds to argue that there is some other compelling reason to appeal."

He said granting a leave to appeal could also counter the judges' findings in the private prosecution.

"Given your findings around the abuse, if you allow leave to appeal, you compound the abuse. That is demonstrated by today's proceedings. Very little is said about Ms Maughan and little is being said in heads of argument either.

"Then you ask why she is still a subject of these proceedings. It is a deliberately oppressive litigation. As a matter of law, it is vexatious."

For Downer, advocate Geoff Budlender SC said there were no reasonable prospects of success for Zuma to appeal.

He said Zuma clearly implemented a Stalingrad strategy in his private prosecution and other court matters.

"Mr Zuma has never distanced himself from it. He has repeatedly raised interlocutory cases in many instances. When those are rejected, he makes attempts to appeal challenges and then starts interlocutory challenges."

Zuma arguments

Advocate Dali Mpofu, for Zuma, argued that there were "glaring myths" in the enforcement judgment. One of those was the Stalingrad strategy, something he said was nothing more than media hype.

"No court has ever accepted it. This court rejected it twice."

He said the rejection of the Stalingrad strategy "should be sufficient because the test is simply whether other judges can find different".

He said the assertion that Zuma caused a 20-year delay in his criminal trial was untrue.

"The court accepted the Zuma delay theory, even though there is objective information to prove otherwise."

He said 20 years should be revised to two to three years, because there were a number of court actions that were out of Zuma's control.

Mpofu added that the indispensability of Downer to prosecute Zuma in his arms deal case was a compelling reason for the appeal of the enforcement order.

Freedom Under Law (FUL) executive officer Judith February has said the arrest of Zimbabwean lawyers Tapiwa Muchineripi and Douglas Coltart is an attack on the rule of law and is urging the relevant Zimbabwean authorities to stop the harassment and intimidation of lawyers.

Muchineripi and Coltart were arrested at a hospital and charged with obstructing the course of justice while representing members of the official opposition party in Zimbabwe.

Their clients were receiving medical care after an alleged abduction and torture.

Meanwhile, FUL has also welcomed the Johannesburg Society of Advocates' statement which condemned the "arrest, detention, intimidation and harassment" of the lawyers.

FUL has also written to the Legal Practice Council urging it to show solidarity following the "egregious attack on the rule of law" in Zimbabwe.

February said the treatment of lawyers is a clear attempt at intimidation and harassment and is inconsistent with international standards for the treatment of lawyers.

She stressed that the lawyers must be free to carry out their functions without fear of reprisal and added that the Zimbabwean State was obliged to protect lawyers against any form of retaliation, intimidation or harassment.

"The role of the legal profession is vital to the rule of law. Lawyers must be free to represent their clients independently and fearlessly, without being subjected to intimidation and interference in their work," February said.

National Assembly Speaker Nosiviwe Mapisa-Nqakula has declined a request by the African Transformation Movement (ATM) and the United Democratic Movement (UDM) for a secret ballot vote in the impeachment of embattled Public Protector Busisiwe Mkhwebane.

The vote will take place on September 11, followed by the vote to appoint current Deputy Public Protector Kholeka Gcaleka to head the institution on September 21.

Mapisa-Nqakula believes that a closed voting procedure would deprive citizens, who have a significant public interest in the matter, from identifying their representatives' positions and hold them accountable.

The speaker acknowledged the ATM and UDM's reasons for a secret ballot but emphasised the importance of following established democratic procedures and the equal voting rights of all members of the Assembly.

"The Speaker has considered the prevailing atmosphere in the Assembly and South Africa, finding that it is not toxic or highly charged to warrant a secret ballot. The robustness of the proceedings and the manner in which opposing views have been openly canvassed both by members and the public is seen as indicative of a healthy democracy," Parliament added.

The Speaker has also considered the argument that party discipline might influence members' votes but highlights that it is an inherent aspect of party politics and the current electoral system.

She notes that the role of Chief Whips in directing representatives to vote in line with a party's predetermined position has been noted, however, the Speaker also notes that this does not preclude members from voting with their conscience.

"In addition, the Assembly may only remove a Chapter 9 office bearer on established grounds of misconduct, incompetence or incapacity and therefore any unlawful attempt by the Assembly to remove an office bearer may be subject to judicial review," she said.

Minister of Sport, Arts and Culture Zizi Kodwa on Friday reiterated his call for a permanent solution for broadcasting rights, saying the sports department must not be left wanting again before major sporting events.

Kodwa was briefing the media in Pretoria ahead of the start of the 2023 Rugby World Cup, where he said this week began with much concern that most of the country would be unable to watch the event on SABC channels.

On Thursday MultiChoice struck a Rugby World Cup sub-licensing deal with the South African Broadcasting Corporation (SABC) after it was reported that the State-owned broadcaster did not have any rights to show the matches.

A total of 16 matches may now be broadcast by the SABC, including the opening ceremony and opening match, all Springbok matches, two quarterfinal matches, one semi-final, the bronze final, the final and the closing ceremony.

Kodwa explained that this agreement meant that millions of South Africans would be able to watch this "global showpiece", and to see the Springboks go on to defend their world title.

"I had made it clear that my interest in this matter was for all South Africans to have access to a sport of national interest. I had also made clear the need to find a permanent solution to this matter, as this goes beyond rugby. All South Africans need to be able to watch our sports teams performing on international platforms," he said.

The Springboks will play their first game on Sunday, against Scotland.

Kodwa said the Springboks represent the best of South Africa.

"They inspire national unity and foster social cohesion and national identity. This was captured by President Nelson Mandela during the 1995 Rugby World Cup, where the Springboks were a key ingredient to his message of national unity," he said.

On behalf of all South Africans, Kodwa wished the Bokke all the best at the World Cup.

"Do your best and make us proud. Bring it back Bokke!" he exclaimed.

SCHOOL SPORT INDABA

Meanwhile, Kodwa announced that the Department of Sport, Arts and Culture will host a School Sports Indaba, next week, with the aim of establishing a national sports programme for South Africa, that is benchmarked against the world's most effective school sports programmes.

He noted that one of the priorities of the Department of Sport, Arts and Culture was grassroots sports development.

"The School Sports Indaba will go a long way towards strengthening our focus on grassroots sports development through early identification and nurturing of sporting talent. The Sports Indaba will see over 30 organisations, as well as teacher unions, sports federations, international bodies and governments gather to exchange and come up with a blueprint for South African schools sport. I look forward to welcoming you to this important endeavour," he said.

South African politicians on Thursday joined millions of South Africans, and the global business community, to extend condolences on the passing of the founder of Pick n Pay Raymond Ackerman.

President Cyril Ramaphosa said South Africans mourn with the Ackerman family as they bid farewell to a husband, father, grandfather and great-grandfather whose name resounded comfortably in millions of households around the country.

"Raymond Ackerman was an outstanding business leader and entrepreneur who placed people first and stood up to the injustices and discrimination which the apartheid regime sought to outsource to the business sector," Ramaphosa said.

Ramaphosa noted that Ackerman was one of the first retailers to fight on behalf of South African consumers against the apartheid State's monopoly on basic goods.

He said Ackerman drastically reduced the cost of essential goods such as bread, milk and chicken, and he had also spoken against the inclusion of value-added tax (VAT) on basic food lines, on behalf of the poor.

Ackerman was one of the first executives to promote black South Africans to senior positions and to acknowledge black trade unions. Ramaphosa explained that this was during a period when such unions were banned from operating in the country.

"He also abolished race classification on the company's human resources payroll. Since the 1970s, the Ackerman Family Trust has supported hundreds of young people to become graduates across a broad range of professions," Ramaphosa said.

Western Cape Premier Alan Winde described Ackerman as an icon of not just the South African business world but the international retail landscape, too.

He said Ackerman left an indelible and profound legacy, constantly innovating and growing.

"By steadily building up Pick n Pay with his family, Mr Ackerman has over more than 50 years created a leading brand, which is known and respected worldwide. He displayed an incredible entrepreneurial spirit and talent that has endured throughout the years and will continue to do so, leading the way for budding entrepreneurs," Winde said.

He noted that besides the wealth of knowledge Ackerman brought to the local retail environment, through his business endeavours he created tens of thousands of jobs over the years and has made an outstanding contribution to the South African economy.

"Beyond his business prowess he also looked for opportunities to support the development of young South Africans through training and leadership development opportunities," Winde said.

Cape Town Mayor Geordin Hill-Lewis said Ackerman was a "truly great Capetonian", who left a huge legacy in the country's economy and in the civic life of the City of Cape Town.

COUNTRY'S HIGHEST HONOURS

Democratic Alliance (DA) leader John Steenhuisen said Ackerman was a "true democrat" and a proud South African whose commitment to the country's growth and development is well-documented in the success of the Pick n Pay franchise.

"From pioneering cheaper products that still retained Pick n Pay's renowned quality in the No-Name Brand, to fighting for the deregulation of the South African fuel price, to bringing the ease of banking services in-store, Raymond was a true pioneer in the industry who has left a truly indelible mark," said Steenhuisen.

He noted that Ackerman's legacy includes a proud commitment to giving back to the community, ensuring that access to opportunity is ever-present for the millions of entrepreneurial South Africans in search of a better life.

The African National Congress (ANC) said through his acumen, Ackerman contributed to building the South African economy, creating thousands of jobs, entrenching the Pick n Pay footprint and building it into a brand associated with strong corporate social investment.

In recognition of his involvement and contribution to the country's prosperity, business and community development, the South African government bestowed him with one of the country's highest honours, the Order of the Ba...

Ahead of its first policy conference, next week, ActionSA chairperson Michael Beaumont said that his party is not what it was when it launched three years ago, and he promised that upcoming policy discussions will centre around the needs of South Africans and not around other political parties.

He was addressing the media on Thursday on the party's readiness for the policy conference, where he said that ActionSA will be running a positive campaign in 2024.

Beaumont shared that ActionSA is gaining momentum, now with around 225 000 members across the country and growing branches across the country.

The party will host its policy conference between September 12 and 14 where it will debate issues including energy security, corruption, economic prosperity and justice, law and order, education, and healthcare.

Beaumont described the ActionSA policies up for discussion as "innovative", "distinct" and "unique" and said his party has gone "out of its way" to attain experts from various fields with the common interest of moving South Africa forward.

Some of the experts who have been instrumental in drafting the party's policy document are Efficient Group's Dawie Roodt, ActionSA Director of Governance Dr. Nasiphi Moya, South African Cities Network's Liteboho Makhele, independent analyst Peter Fabricius, and the Institute for Global Dialogue's Dr. Philani Mthembu.

Some of the more notable proposals include discussions of a universal income grant that could create over a million jobs while growing the economy at a rate of 5%.

Beaumont said the party has discussed the repealing of the Broad-Based Black Economic Empowerment (BBBEE) Act which it proposes being replaced with a new suite of social justice policies.

ActionSA believes that the current Act is not living up to its promises and is creating more challenges.

Moya said the Act has produced few billionaires while the levels of inequalities, poverty and unemployment have increased.

"The desired outcomes that the policy is talking about is failing to achieve and coincidentally when people talk about the story of BBBEE, they talk of the first beneficiary who was closed= to the late former Statesman Nelson Mandela. From there, we know that the people who have benefitted from that Act are people who are connected to the elite. As senate we could not ignore that while the intentions of the Act flow from the Constitution to say that it will redress the injustices of the past and all lives will be improved in South Africa, it is doing the opposite of that. It is leaving the majority of South Africans on the outside, " she explained.

She said the survival of the country depends on the Act.

IMMIGRATION AND ENERGY

ActionSA says it is also unapologetic on enforcing immigration regulations, including the deportation of foreign nationals found guilty of a crime, and undocumented foreign nationals without a legitimate claim to residency or asylum in South Africa.

Beaumont said that Home Affairs is failing many migrants who don't have the correct paperwork to be in the country.

"Nothing that we propose in terms of reforming illegal migration is in conflict with the Constitution because the very first principle of a nation starts with the border and with the idea that the country has not just the right but the obligation to determine the flow of people and goods across the border and under what conditions. We can never have a situation where immigrants are scapegoated," stressed Beaumont.

On the issue of the Gauteng Premier Panyaza Lesufi instituting a commission of Inquiry in to the recent apartment fire in the Johannesburg CBD, Beaumont told Polity that there is nothing that happened in Marshalltown that is not known to all South Africans. He said buildings are being hijacked in CBDs and he believes there are no bylaws being enforced across the country, especially since the departure of ActionSA leader Herman Mashaba as the City of Johannesburg Mayor.

He said law and order has given up in such envi...

The votes to remove Public Protector Busisiwe Mkhwebane and to appoint her successor, Kholeka Gcaleka, will no longer take place on the same day.

Last week, the National Assembly Programming Committee (NAPC) agreed that both these votes would take place on Monday, 11 September, at a fully physical sitting of the National Assembly in the Cape Town City Hall.

The voting would take place according to the roll call voting system. This is the same voting system the National Assembly used for the vote on President Cyril Ramaphosa's impeachment over Phala Phala, where each member must personally indicate their vote.

Last week, Inkatha Freedom Party (IFP) chief whip Narend Singh said they should prepare for a late night. However, at Thursday's NAPC meeting, African National Congress (ANC) chief whip Pemmy Majodina said, after last week's meeting, she had gone back to the records on the Phala Phala vote, and had found that the debate on the report and the voting took three and a half hours.

"Given the venue and its uncomfortability, the City Hall, we are proposing as the ANC, let's consider one order paper on the day, and defer the appointment of the PP (Public Protector) to a later day," Majodina proposed.

This was agreed to, and Singh said, to laughter: "I'm humbled that people do listen to me sometimes in this committee."

The proposed date for Gcaleka's appointment is 21 September, at a yet to be determined venue.

Meanwhile, African Transformation Movement (ATM) leader Vuyolwethu Zungula wrote a letter to National Assembly Speaker Nosiviwe Mapisa-Nqakula, asking that Mkhwebane's impeachment vote be by secret ballot. United Democratic Movement (UDM's) leader Bantu Holomisa also wrote to Mapisa-Nqakula, endorsing Zungula's request.

Along with the Economic Freedom Fighters (EFF), both the ATM and UDM backed Mkhwebane during the impeachment proceedings, often supporting her attempts to filibuster. Holomisa also brought an unsuccessful application for the evidence leader advocate Nazreen Bawa SC's recusal, based on discredited allegations against her by suspended Western Cape Judge President John Hlophe's lawyer, Barnabas Xulu.

The voting method was agreed to at last week's NAPC meeting, and neither the ATM nor the UDM raised an objection. It was also not raised at Thursday's meeting.

Parliament is constitutionally obligated to conduct its business with transparency. However, the Speaker has the discretion to allow for a secret vote if the political climate warrants it.

Zungula said, in a letter dated 4 September, that it would be "extremely irrational" for Mapisa-Nqakula to allow an open vote.

He asked Mapisa-Nqakula to inform him of her decision expeditiously, "so that, in the event of a decision not to grant the request, we may have sufficient time to take appropriate legal steps to reverse your decision".

He also requested that Mapisa-Nqakula postpone the vote. The ATM has a history of unsuccessfully litigating to force votes by secret ballot in the National Assembly.

Mkhwebane's term of office expires on 14 October.

Both her impeachment vote and Gcaleka's appointment vote require special majorities.

A two-thirds majority is required to remove the Public Protector, while a vote of 60% in favour is required to appoint a new one. It is expected that both these majorities will be achieved.

The ANC, DA, IFP, Freedom Front Plus and African Christian Democratic Party indicated their support for Mkhwebane's removal, and their votes should comfortably reach the two-thirds majority threshold. This, of course, depends on the benches being filled and MPs toeing the party line.

The selection of Gcaleka will be closer. The DA, EFF and Freedom Front Plus have indicated that they will not support her nomination, and, had it not been for the IFP indicating its support, it could have been tough going for the ANC to garner the required 240 votes.

The ANC reportedly called for a three-line whip, a strict instruction from a party's whippery that all ...

After launching a barrage of attacks on Zimbabwe's main opposition, African National Congress (ANC) secretary-general Fikile Mbalula has hinted that the governing party is involved in behind-the-scenes talks to deal with Zimbabwe's disputed election.

Mbalula even called the Citizens Coalition for Change "Western puppets" in one of his many shows of ANC solidarity with the ruling Zanu-PF.

Now, he has said there are sensitive initiatives under way, the kind of which should not be disrupted by certain public statements.

"At the moment, the leadership of the ANC is engaged in a number of delicate engagements regarding the situation in Zimbabwe," he told David Masondo, the director of the OR Tambo School of Leadership, in a letter.

The school is due to host a public lecture on the state of democracy in the Southern African Development Community (SADC) region in relation to the Zimbabwe elections - a lecture which Mbalula is trying to stop.

The lecture is due to be presented by Zimbabwean academic and public policy analyst Ibbo Mandaza.

But now is not the time to have it, Mbalula says, because having it "at this time, at what is clearly an ANC platform, would complicate these initiatives".

In an interview with News24, Mandaza said attempts at blocking the lecture were tantamount to suppression of academic freedom.

"[The University of the Witwatersrand] is the venue for the OR Tambo School of Leadership and my lecture. I am also a visiting professor at the Wits School of Governance; a member of the board of the Human Sciences Research Council of South Africa; and, in addition, I am the head of the regional think tank SAPES Trust.

"So, I am as much a member of the African academic community as I have been for over 50 years, and clearly a member of the South African and Southern African academic community," he said.

Any discussion about democracy is likely to rile Zanu-PF and newly re-elected Zimbabwean President Emmerson Mnangagwa, who claimed 52.6% of the vote against the 44% of his rival Nelson Chamisa.

But SADC representatives have serious doubts about that count.

Speaking on Zambian television on Monday, SADC Election Observer Mission head and former Zambian vice-president Nevers Mumba said the Zimbabwean elections were out of step with SADC principles.

"If we don't work hard to ensure that we have free and fair elections in our region, we create a problem for ourselves," Mumba said.

According to the Institute for Security Studies (ISS), the Zimbabwean elections "could set an unwelcome precedent that represents a departure from [the SADC's] previous approach".

The ISS is of the view that SADC will not withdraw its preliminary report on the election, but will do nothing about the contestation of the results.

"It will park the concerns rather than elevate them to a rejection of the election result," the ISS said in a statement.