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ActionSA founder and leader Herman Mashaba told Polity on Friday that the South African government has no political will to deal with the increasingly dangerous issue of hijacked and unsafe buildings in the City of Johannesburg.

Mashaba spoke with Polity to discuss the Johannesburg fire that has claimed the lives 74 people, 12 of whom were children.

On Friday, President Cyril Ramaphosa visited the scene where he said government needs to act speedily to address housing shortages and the lack of essential services in Johannesburg's inner city.

Mashaba said the country is governed by a political enterprise "masquerading as a political party", referring to the African National Congress (ANC).

When asked why he thinks it is difficult for government to solve the issue he said that South Africans must accept that the ruling government must be kicked out of power.

"We have a democratic responsibility, obligation and opportunity come the 2024 general elections to remove these criminals otherwise we will go down with them," he warned.

He said during his tenure as City of Johannesburg Mayor he tried to resolve the issue of "hijacked buildings" but many South Africans accused him of being xenophobic.

On the issue of non-government organisations (NGOs) seeking court orders to stop government from evicting people from illegally occupied buildings, Mashaba said it is puzzling to see how human rights lawyers allow people to live under such poor and dilapidated conditions.

He said NGOs are making it difficult to resolve the issue and are allowing poor people to live under dangerous conditions.

"If you respect human rights there is no way that you will let human beings live under these conditions," he said.

He questioned why national government and parliament are not passing laws that declare property hijacking and the obstruction of property as high treason. He wants those convicted of these crimes to serve 25 years with no chance of parole, to enforce the point that there is a hard stance taken on crime.

Gauteng Premier Panyaza Lesufi has indicated that he is planning to launch an inquiry into the cause of Thursday's deadly fire. Mashaba believes this is a waste of time and pointed out that when he was Mayor he had made available a list of "hijacked buildings".

He said Lesufi was "delusional" and added that the Premier needs a plan to revitalise the City of Johannesburg and to bring back the rule of law.

Mashaba said the City of Johannesburg was destroyed under the ANC's watch.

COALITIONS

Discussing the multi-party charter that ActionSA recently entered into with the Democratic Alliance (DA) and other parties, Mashaba said besides the urge to unseat the ANC at the upcoming polls, his party has realised that South Africa has entered into an era of coalitions.

However, he is aware that coalitions pose a challenge all over the world.

Mashaba said the DA was making it difficult to attract other parties into the grouping, as it has rejected any means of working with the Patriotic Alliance, which has, in turn, forced his party to withdraw a motion of confidence against the Johannesburg Mayor Kabelo Gwamanda.

He said ActionSA will do everything in its power to ensure it can sway as many parties as possible to unseat the ANC.

ActionSA recently celebrated three years in existence and as the 6th biggest party in the country.

Mashaba said this was just the beginning as his party is working hard to make sure that it has reach across the whole country.

Mashaba told Polity that his party is living up to its promise of its core value of being a non-racial party by attracting supporters from all parts of the country.

The party preparations for the 2024 elections are in full swing as ActionSA readies to hold it policy conference between September 12 and 14.

He said there are party branches opening all over South Africa.

"We are emerging as a serious player. We are going for a kill. We are going to emerge as a party to form a government either on our own or...

The South African National Taxi Council (Santaco), the Western Cape government, and the City of Cape Town have thrashed out their issues during a three-day taxi task team "imbizo" held this week.

The imbizo started on Monday and concluded on Wednesday.

In a joint statement, the provincial government, Santaco and the City said the imbizo had culminated in a signed agreement that safeguarded commuter safety and outlined a clear process for continued cooperation.

"All parties sat for three days to systematically work through the enforcement consequences for each operating licence condition that we committed to collectively review," the statement reads.

"The National Department of Transport was also included in this process. Through extensive consultation and earnest deliberation, we have found common ground on what are fair and rational consequences for most of the operating licence condition transgressions."

They added that there was "mutual priority to address fundamental challenges in the transport sector and deliver functional, reliable, safe mobility for commuters".

"We have committed to completing this task within a four-week period, starting today (31 August 2023), and will redouble our efforts to find common ground on the outstanding points of disagreement."

Santaco staged an eight-day strike earlier this month in response to the City impounding dozens of vehicles over a range of infractions, including number plates not being displayed.

In a brief statement released on Wednesday evening, Santaco spokesperson Nceba Enge said: "The Minibus Taxi Task Team's (MBTTT) three-day 'imbizo' has culminated in an agreement to ensure stability for commuters.

"Over the three days, the MBTT found common ground related to operating licence conditions. All parties have committed to a four-week period to meaningfully complete this task."

On Monday, News24 reported that the City planned to sue Santaco for damage caused during the eight-day stayaway.

Mayor Geordin Hill-Lewis said that all departments had been requested to provide an estimate of the damage.

Cabinet announced on Thursday that President Cyril Ramaphosa will address the nation on the "successful" fifteenth yearly Brics Summit and other important matters.

Last week, Ramaphosa hosted the three-day summit in Johannesburg, the first such summit to be held since the emergence of the Covid-19 pandemic and the subsequent global restrictions.

Leaders of the Brics - Brazil, Russia, India, China and South Africa - nations reached a consensus on the Johannesburg II Declaration.

The declaration highlights inclusive multilateralism, peaceful development, mutually accelerated growth, sustainable development, people-to-people exchanges and institutional development.

The declaration addresses ongoing global conflicts, underlines the importance of resolving disputes through constructive dialogue and inclusive consultation, and also calls for fostering growth through partnership.

Cabinet expressed its appreciation to team South Africa, led by Ramaphosa, for ensuring the success of the Summit in content and logistics.

Meanwhile, Cabinet welcomed the signing of various Agreements and Memoranda of Understanding between the South African government and the People's Republic of China in trade, energy and higher education.

The China-Africa Development Fund between the Industrial Development Corporation of South Africa and the Bank of China is one of the signed agreements.

Cabinet explained that this Fund would stimulate increased investment in South Africa.

Ramaphosa hosted Chinese President Xi Jinping for a State visit, ahead of the Brics Summit.

The State visit marked the celebration of 25 years of diplomatic relations between South Africa and China.

Cabinet noted that China is currently South Africa's largest trading partner.

"The People's Republic of China had previously donated emergency power equipment worth R167-million and has since made available a grant of R500-million for development assistance," Cabinet explained.

Cabinet also welcomed the reopening of the Chinese market for the export of South African beef, in addition to the export of South African avocados to China.

These export opportunities, Cabinet noted, will unlock new opportunities for the country's local producers, including small-scale farmers.

South Africa is negotiating with Chinese automaker and the world's largest electric vehicle manufacturer BYD for the possible opening of a manufacturing plant in South Africa.

"This is in addition to the opening of the BAIC manufacturing plant (another Chinese automaker) in South Africa," said Cabinet.

Minister in the Presidency Khumbudzo Ntshavheni, responding to the deadly Johannesburg fire that has claimed more than 70 lives, said the government was not responsible for providing "illegal immigrants" with housing.

However, authorities attending to the fire have not confirmed that the building's residents were undocumented immigrants.

On Thursday, Ntshavheni said the fact that the building that caught fire in the Johannesburg CBD was allegedly hijacked should not take away from the rising death toll.

She was speaking during a post-Cabinet meeting media briefing in Pretoria, reacting to the blaze that began in the early hours of Thursday.

By 11:00, more than 70 people had been declared dead.

But the minister denied that the fire was an indication of a housing problem, asserting: "The majority of the people who stay or reside in hijacked buildings are not South African and they are not in this country legally."

"The government cannot provide housing to illegal immigrants."

She, however, stressed that "the fact that it was a hijacked building does not change much; lives have been lost".

"But we are aware that, in hijacked buildings, there will not be a supply of electricity and water. But we cannot want to speculate on the causes of that fire."

Her comments were echoed by Johannesburg council speaker Colleen Makhubele, who blamed civic organisations for hindering the City from dealing with hijacked buildings.

"It [handling hijacked properties] needs decisive action and there will be casualties, but let there be no death," Makhubele said.

"But if we, then, succumb to the pressure [of non-governmental organisations] because we are taken to court - there are court orders, we can't move, etcetera - then something like this happens."

According to Newzroom Africa, she was referring to City of Johannesburg Transport MMC Kenny Kunene receiving backlash for his attempt to evict people from illegally occupied and unsafe structures.

On whether there was a national strategy for hijacked buildings, Ntshavheni said: "Buildings in cities are the responsibility of the metropolitan governments or local municipalities, and the provinces they reside in."

But she explained that Human Settlements Minister Mmamoloko Kubayi was working with cities, municipalities and provincial governments "to provide housing for all South Africans".

"What we can do as national government is provide support through the Department of Human Settlements and the Department of [Co-operative Governance and Traditional Affairs] and, in this case, the Department of Home Affairs, which will deal with illegal immigration in the country . to support the efforts of the City to deal with hijacked buildings."

South Africa's government intends to shut down the Department of Public Enterprises, which oversees seven of the biggest State companies, when a new administration takes office after elections in about a year's time.

President Cyril Ramaphosa announced the closure of the department in his State-of-the-nation address in February, in accordance with a resolution taken by the ruling African National Congress. Power utility Eskom, port and freight-rail operator Transnet and the other companies will then fall under direct control of their line ministries.

"This department is coming to an end," Deputy Minister of Public Enterprises Obed Bapela told lawmakers on Wednesday.

"When the president announces the cabinet after the elections, this department will cease to exist and so will its ministry."

Nadia Valley, the department's acting director-general, said preparatory work to close the department is under way, pending the issuing of a presidential directive.

An official who was expelled from South Africa's governing party for unlawfully announcing a decision to remove President Cyril Ramaphosa from his post has started a new movement to contest elections next year, adding to an already crowded field of contenders.

Ace Magashule, who was the secretary-general of the African National Congress (ANC) before his expulsion earlier this year, announced the formation of his African Congress for Transformation in Johannesburg on Wednesday. Berning Ntlemeza, a former top police official, was the only other high-profile figure to attend the event.

Magashule is facing a raft of corruption-related charges for his alleged role in the theft of taxpayer funds during former President Jacob Zuma's nine-year rule. He denies wrongdoing.

Magashule joins a growing list of disgruntled politicians who have opted to go it alone ahead of the elections, which are due to take place in about a year's time and are set to be the most hotly contested since the ANC came to power in 1994.

The proliferation of parties poses a challenge for the Electoral Commission of South Africa - the ballot papers could span three pages and an estimated 105-million of them will have to be printed. The last national vote in 2019 was contested by 48 parties and only 14 secured seats in parliament.

New legislation recently passed by parliament will enable independent candidates to contest the upcoming vote for the first time. Civil rights groups have challenged the law in court, arguing that it favors established parties and disadvantages independents because of the thresholds it imposes for them to win seats.

South African Reserve Bank governor Lesetja Kganyago has defended the bank's investigation into Phala Phala, telling MPs its probe found that the $580 000 in cash handed to a lodge manager in 2020 was a "security deposit" and not a final payment.

"Mr Hazim (Mustafa) left money at Phala Phala as a security deposit to secure the buffalo," Kganyago told Parliament's Standing Committee on Finance a week after the central bank released a brief overview of its report.

The bank had probed whether exchange control rules were broken after $580 000 in cash was stolen from under a cushion on a couch in President Cyril Ramaphosa's private residence at the game farm three years ago. It found no evidence of wrongdoing on the part of the president or Ntaba Nyoni Estates, the operating name for Phala Phala.

The governor said on Wednesday the bank's Financial Surveillance Department found there was no obligation for the wildlife estate to report the foreign currency to authorities within 30 days. The probe concluded there was no "unconditional agreement" for the sale of the buffalo.

The final price for the 20 buffalo that Sudanese businessman Hazim Mustafa wanted to buy still needed to be confirmed, he said. Tests still needed to be conducted on the animals and vets consulted. Permits would also be needed for the transport of the animals.

"The foreign currency was stolen before the conditions precedent to the sale transaction could be fulfilled," he said.

The governor reiterated that he could not make the full report public. He added that the "mere possession of foreign currency" was not covered by foreign exchange control regulations.

Limited scope

The governor said bank was careful of not overstepping its mandate, adding it only probed whether exchange control regulations were broken.

In response to questions about how the stolen funds entered the country, Kganyago said that the bank was not responsible for SA's ports of entry.

While the governor received support from some African National Congress MPs, his explanation did little to convince some of the other committee members.

Nqabayomzi Kwankwa of the United Democratic Movement said, "This is unadulterated claptrap if you ask me."

The Economic Freedom Fighters's Floyd Shivambu accused the bank of engaging in a "systemic coverup" and asked colleagues in the committee to investigate removing Kganyago as governor.

"We are likely to approach the courts on this matter," said Democratic Alliance MP Dion George.

Kganyago, meanwhile, sought to defend the bank's employees who conducted the probe against claims of a whitewash.

"Our team acted independently without fear, favour and prejudice. That is what we expected of them," he said.

The Democratic Alliance (DA) stated on Tuesday that it will not be supporting any of the shortlisted candidates for the appointment of Public Protector (PP), and wants Parliament to reopen the application process.

Last week the Ad Hoc Committee interviewed the eight shortlisted candidates - advocates Kholeka Gcaleka, Tseliso Thipanyane, Kwena Tommy Ntsewa, Oliver Josie, Lynn Marais and Muvhango Lukhaimane, magistrate Johannah Ledwaba and Professor Boitumelo Mmusinyane.

The committee is to report back to the National Assembly by August 31. The term of the current PP comes to an end in October.

The DA further strongly recommends that the post be readvertised to attract "more suitable candidates".

DA Shadow Minister of Justice and Constitutional Development advocate Glynnis Breytenbach explained that the position was too important to settle for an "unsatisfactory candidate for the second time in a row".

She highlighted that the PP often stands as a last line of defence against State capture and corruption, and it is, therefore, of utmost importance that the newly appointed PP restores respect and credibility to the office, and possesses integrity that is beyond reproach.

Breytenbach noted that the DA did not nominate any of the applicants and nominees for the shortlist, simply because they were all unknown players, none of whom stood out as a suitable candidate.

"It is unfortunate that the pool of applicants and nominees was disappointing when compared with the pool available during the last interviews - however, this may serve as an indication of the damage which has been done to the institution under Advocate Busisiwe Mkhwebane's term," she added.

She added that all candidates showed an alarming lack of basic knowledge of the legal framework in which they would be required to operate.

"We further hold the view that an appointment should not be made simply due to a lack of any better alternatives," she said.

Breytenbach said the current acting PP Gcaleka had an obvious advantage in her position, however, stating that Gcaleka was unable to shake off the baggage from her past and had not demonstrated the dynamism required during her acting stint.

The risk of imposing a new electoral system by the Constitutional Court could curtail independent candidates' legal challenge of what the applicants call an irrational Electoral Amendment Act.

On Tuesday, Constitutional Court Justice Leona Theron asked advocate Griffiths Madonsela, the legal representative for the Independent Candidates Association of South Africa (ICA), whether the ICA was not arguing for the infringement on the separation of powers by applying to reverse legislation passed by Parliament and enacted by President Cyril Ramaphosa in April.

The ICA launched its application to declare the Amendment Act unconstitutional, arguing, among other things, independent candidates being allocated only 200 of the 400 National Assembly seats was "irrational and inconsistent with the rule of law".

The association, according to chairperson Michael Louis' founding affidavit, wants the act to allocate 350 seats to be contested by both independent and political party candidates, with the remaining 50 being "compensatory seats" - or proportional allocation to parties - to adhere to the constitutionally enshrined "right to equal benefit of the law", and "to stand for public office".

In June 2020, the Constitutional Court ordered Parliament to, within two years of the ruling, amend the Electoral Act to allow independent candidates to contest the national elections.

Previously, the law only allowed candidates attached to political parties to contest.

Parliament passed the Electoral Amendment Bill that allocates only 200 seats for independents in February, and Ramaphosa signed it into law in April.

Theron asserted there was not enough evidence for Madonsela's clients to claim the disadvantage they claimed independents suffered in the current act by being allocated 200 seats was "irrational".

"The court will basically be imposing an electoral system on the country," she asserted, arguing that that would be the case should the act be ruled unconstitutional.

But Madonsela said Parliament's decision to grant independents only 200 was done arbitrarily.

He alleged there was no evidence on the record where there was serious engagement with the 350/50 split proposed by the ICA, rather than the 200/200 ratio in the act.

"The problem is that, when they [Parliament] do the compensatory seats allocation [proportional representation seats], the independents are not included. It means independents have no chance [to get the 200 proportional seats reserved for parties]," Madonsela said.

Home Affairs Minister Aaron Motsoaledi, however, dismissed the ICA's application in his answering affidavit, saying the June 2020 ruling called for the inclusion of independents in national elections, which he stressed the current act encompassed.

Motsoaledi added in his affidavit independents being granted more seats would distort the proportional share of political parties, saying South Africa used a proportional representation system that supported multiple parties in its legislatures and councils.

"It is only political parties [that] can send representatives in proportion to the support they achieve in an election, [which] can guarantee proportionality.

"Political parties are indeed central for this reason to South Africa's multiparty system of democratic government," he said.

President Cyril Ramaphosa noted on Tuesday that despite difficult global conditions, investors continue to see value in the South African economy and the benefit of the reform agenda government is pursuing.

Ramaphosa wrote in his weekly letter to the nation, expressing delight that the Brics Business Forum held last week was attended by 1 500 investors and businesspeople from all five member countries.

"We were able to showcase the potential of South Africa and the African continent as the next frontiers of productivity and growth. Many of the participants remarked on the enormous potential of our economic reform agenda to drive growth in the green economy, the digital economy, and other key sectors," he said.

This week government released a progress report on the economic reforms implemented through Operation Vulindlela, a joint reform initiative of the Presidency and National Treasury.

Ramaphosa explained that since Operation Vulindlela was established, there has been significant momentum in economic reforms to create growth and jobs.

"Through these reforms we are steadily laying the foundation for a revival of economic growth. By restructuring our network industries like energy, telecommunications, ports and rail, we are opening the space for investment and a renewal of our nation's infrastructure," he said.

He noted that the first reform milestones included the digital migration process, which saw switching off analogue transmission for all frequencies above 694 MHz on July 31, 2023.

The implementation of this reform would bring new investment in the telecommunications sector, he said.

Ramaphosa explained that work was underway to implement necessary reforms in the logistics sector to address the challenges that had held back the growth of South African exports.

He said a key milestone was reached with the selection of an international terminal operator to partner with Transnet at the Durban Container Terminal Pier 2, which handles almost half of South Africa's port traffic.

"This partnership will increase investment for upgrading equipment and expanding terminal capacity. A key aspect of this partnership is that port infrastructure will remain State-owned and all jobs will be protected," he added.

NEW INVESTMENTS

Meanwhile, he noted that two critical pieces of legislation were tabled in Parliament this month, which he said would advance economic reform.

The Electricity Regulation Amendment Bill seeks to support the restructuring of Eskom into three separate companies owned and controlled by Eskom Holdings, including an independent grid operator.

Ramaphosa said through this Bill government would iintroduce competition in electricity generation, enabling a number of independent generators, alongside Eskom, to produce electricity to meet demand.

"This reform will fundamentally transform, modernise and improve South Africa's energy sector to ensure energy security into the future," he believes.

The reforms implemented through the Energy Action Plan have unlocked new investment in renewable energy sources to end loadshedding and power economic growth.

Another key reform government had prioritised was in the water sector, he said.

"We have introduced the South African National Water Resources Infrastructure Bill to establish a dedicated national water agency to design, plan and finance water resource infrastructure," he added.

Ramaphosa highlighted that this agency would enable significantly greater investment in bulk water infrastructure to guarantee water security for decades, while creating jobs and unlocking new agricultural potential.

He said other reforms to unlock economic growth included creating an enabling regulatory environment for hemp and cannabis production and eradicating the backlog of title deeds for subsidised housing.