Polity.org.za Audio Articles

President Cyril Ramaphosa revealed on Monday that consultations are underway on the legislation to make the Investigating Directorate a permanent entity within the National Prosecuting Authority (NPA) and to prescribe its powers and safeguard its independence.

Ramaphosa announced the merger during his State of the Nation Address last week, which he says will deepen collaboration with other entities in the criminal justice system and enrol more cases in the courts. He added that this also has implications for funding and operational capacity.

The Investigating Directorate’s investigators are currently seconded from the Directorate for Priority Crime Investigation, the Hawks.

Once the Investigating Directorate merges with the NPA, it will be able to improve the capacity of its existing team of specialist investigators and prosecutors and, government hopes, recruit new ones.

In his weekly letter to the nation, Ramaphosa pointed out that over many years corruption had systematically weakened the State, damaged key institutions and eroded the country’s social fabric.

He said working with other multidisciplinary units, such as the Anti-Corruption Task Team and the Fusion Centre, government would strengthen the Investigating Directorate in its work at the frontline in the fight against corruption and State capture.

“We set up world class institutions before. Now is the time to rebuild our institutions so that they are able to stand the test of time and advance the values and vision of our constitutional democracy,” he stated.

This week will mark five years since government embarked on a new journey in the fight against corruption.

Ramaphosa noted that the Investigating Directorate had been leading an innovative approach to ensuring accountability from those implicated in State capture, explaining that as part of its ongoing criminal investigation into complex corruption at Eskom, the NPA’s Investigating Directorate had finalised a comprehensive settlement agreement with an international company, ABB, to pay over R2.5-billion in punitive reparations to South Africa.

The payment will be made into the Criminal Asset Recovery Account which he says is reflective of the NPA’s two-pronged strategy to deal with corruption through prosecuting perpetrators and recovering stolen money.

“I said that if we are to turn the tide on corruption, we must strengthen law enforcement institutions and shield them from external interference or manipulation. Since then, we have made substantial progress in strengthening the State’s ability to deal with corruption,” he said.

The first significant step was the establishment of a Special Tribunal to enable the Special Investigating Unit to expedite civil claims against corrupt individuals and to recover stolen funds.

As of March 2022, the value of civil litigation referred to the High Courts and the Special Tribunal amounted to R75-billion.

Ramaphosa said this was roughly equivalent to what was budgeted for the child support grant this year. Currently, around 119 cases, worth more than R12-billion, are enrolled at the Special Tribunal.

Another change was the 2019 establishment of the Investigating Directorate in the office of the National Director of Public Prosecutions to prosecute serious organised crime and corruption cases.

Ramaphosa explained that since its establishment, the Investigating Directorate had been preparing several cases of serious corruption, including those emanating from the State Capture Commission, for trial. This forms part of the NPA’s priority plan to deal with State capture and high-level corruption.

Last year saw the arrest of several individuals allegedly implicated in State capture cases. A total of 187 accused persons have been taken to court in 32 State capture and corruption cases, and approximately R12.9-billion in funds and assets have been frozen.

Questions have been raised over the legality of National Assembly speaker Nosiviwe Mapisa-Nqakula's decision to reject a secret ballot vote in a sitting considering the Section 89 Phala Phala report.

If the vote had been successful, President Cyril Ramaphosa could have been impeached due to the allegations.

Before the 13 December 2022 proceedings got under way, African Transformation Movement (ATM) leader Vuyolwethu Zungula and Economic Freedom Fighters MPs insisted that voting should be by secret ballot. They claimed that African National Congress (ANC) MPs had been threatened.

On Monday, lawyers for the ATM argued before a full bench of the Western Cape High Court that there was no legal basis for Mapisa-Nqakula to reject the secret ballot vote.

Arguing for the ATM, Anton Katz SC said there were grounds for a secret ballot.

"There is a general view of the toxic nature of the politics. MPs were threatened and some received death threats. How toxic must it get before the Speaker accedes?" he asked.

The full bench questioned why a secret ballot was necessary, given that the National Assembly conducts its business in the open.

Katz referred to previous judgments of the Supreme Court of Appeal and Constitutional Court, which have ruled on the issue of secret ballots.

In December, the ATM approached the court to overturn the National Assembly's decision not to continue with impeachment proceedings against Ramaphosa regarding the Phala Phala saga.

The ATM is asking the court to set aside Mapisa-Ngakula's decision.

It also asked the court to set aside the National Assembly's proceedings of 13 December, and for a declaratory order that such a vote must be by secret ballot.

Days after former spy boss Arthur Fraser laid charges against Ramaphosa, Zungula lodged a motion in terms of Section 89 of the Constitution for Ramaphosa's removal.

Mapisa-Nqakula didn't accept the initial motion, but a subsequent one was accepted.

This led to the establishment of an independent panel, chaired by former Chief Justice Sandile Ngcobo, which found that Ramaphosa had a prima facie case to answer.

This gave rise to the 13 December sitting, where the vast majority of ANC MPs voted against the motion to establish an inquiry into Phala Phala.

Five ANC MPs broke ranks in the open, roll-call vote, although Tandi Mahabehlala, who had voted in support of the motion, later indicated that she intended to toe the party line - but, by then, it was too late.

Tshwane Executive Mayor Randall Williams resigned from his position on Monday and said his decision was in the interest of continued stability of the coalition in the city, which he said was one of his core goals.

In a letter seen by Polity, Williams said without the stability of a multi-party coalition service delivery would suffer.

Recently multi-party coalition arrangements have been unstable in the country resulting in mayoral chains being disputed by political parties.

“I do not want the political instability that has taken place in Johannesburg and Ekurhuleni to spill over into Tshwane. To keep the multi-party coalition together required continuous communication and engagement to ensure unity in our city to achieve our goals,” he said.

He noted that campaigning and ensuring proper governance of the city was challenging but he said he was able to do this with a good team, clear focus and a ten-point service delivery plan.

Williams thanked the residents of Tshwane for their support and added that the city had immense potential. He expressed hope for its future and growth.

Meanwhile, Democratic Alliance (DA) leader John Steenhuisen thanked Williams for his dedication and commitment to improving the levels of service delivery in Tshwane.

Steenhuisen said at times the challenges seemed insurmountable, but he stressed that Williams never took his hands off the wheel.

DA Gauteng provincial leader Solly Msimang, who was once Tshwane mayor, expressed the party’s thanks and appreciation for the work done under Williams’s watch.

“Williams, after being elected Executive Mayor of Tshwane in the midst of the Covid pandemic in 2020 and in the wake of ANC mismanagement that left the city with a R4-billion deficit, set about stabilising the city’s finances. This he did as the head of a DA minority government until the 2021 local government elections,” Msimang said.

Congress of South African Trade Unions (Cosatu) has cautioned that the national state of disaster announced by President Cyril Ramaphosa in his State of the Nation Address (SoNA) on Thursday must not turn into another enrichment scheme for politicians and businesspeople.

Ramaphosa declared a state of disaster to respond to the electricity crisis and its effects.

Speaking with News24 on Thursday, after Ramaphosa delivered his speech, Cosatu president Zingiswa Losi said the union welcomed the national state of the disaster, which it had long been calling for.

Losi said there is not a lot of time and that the energy crisis has to be resolved quickly.

"The president spoke about the investment summit that is coming; there is no investor that will want to invest in an economy that cannot guarantee its investment.

"The declaration of a national state of disaster to resolve the energy crisis in this country must not suffer the same consequences of Covid-19, where we saw what was supposed to be for the people going to politicians and business people," said Losi.

Speaking on the electricity crisis, Ramaphosa acknowledged that a lot could go wrong without a reliable supply of electricity.

"Businesses cannot grow, assembly lines cannot run, crops cannot be irrigated, and basic services are interrupted. Load shedding means that households and supermarkets are unable to keep food fresh, water supply is often disrupted, traffic lights do not work, streets are not lit at night," said Ramaphosa.

"Without a reliable supply of electricity, our efforts to grow an inclusive economy that creates jobs and reduces poverty will not succeed." He also announced a dedicated minister of electricity stationed in the Presidency.

The general secretary of South African Communist Party (SACP), Solly Mapaila, said this was an important announcement by Ramaphosa.

Mapaila said Eskom does need a dedicated executive authority to focus on its challenges and turn them around. "Eskom is too big to fail as an entity for this country, and we have seen its incapacity and how it has affected all of us," said Mapaila.

He, however, said the energy crisis should could have been averted long ago.

African National Congress (ANC) secretary general Fikile Mbalula has said that his party welcomes the announcement of a Ministry of Electricity in The Presidency, as announced by President Cyril Ramaphosa in the State of the Nation Address (SoNA) on Thursday.

Addressing the media on Friday, Mbalula said the ANC hoped that the new ministry would tackle the energy crisis currently engulfing South Africa.

The President’s address, which had faced criticism, was about building hope where there was despair and about showing a way out of the crisis working together, he added.

Mbalula said the ANC was pleased that the programmes announced by Ramaphosa were mainly informed by the resolutions adopted at the ANC’s fifty-fifth National Conference and the party’s Lekgotla.

He said this year’s SoNA addressed the most immediate tasks which included drastically reducing the severity of loadshedding and its impact on the economy and society.

He added that the new Ministry was in no way a departure from the ANC resolution to transfer Eskom to the Mineral and Energy Ministry headed by Minister Gwede Mantashe.

Meanwhile, the ANC also welcomed the announcement of a National State of Disaster to tackle the energy crisis.

"We are determined to work with the people of South Africa to ensure that the ANC-led government takes necessary measures to tackle poverty, unemployment, inequality, the rising cost of living, crime and corruption. To move towards a 'growing people' economy we have to rapidly build an inclusive economy which must enable thriving black and women industrialists as well as small businesses and cooperatives," Mbalula said.

He said this required a massive, effective and sustainable skills revolution which would strengthen the link between the skills that the country developed and the skills workplaces needed.

Mbalula said SoNA also strengthened the resolve to lift people out of poverty and unemployment through a social impact wage which included a public employment programme and social grants, which he said had proven to be a lifeline for the livelihoods of many South Africans.

He warned that the ANC would be watching that all promises tabled were met otherwise "heads must roll".

Economic Freedom Fighters (EFF) leader Julius Malema said on Friday it is not true that EFF Members of Parliament (MPs) posed any physical threat to anyone in Parliament, not even President Cyril Ramaphosa.

Malema and fellow EFF MPs were removed from the chamber during Ramaphosa’s State of the Nation Address at the Cape Town City Hall.

Malema brifed the media on Friday, where he explained that he did not pose a threat to the President or fellow MPs.

“When we are sitting with the President at the floor of the Chamber he can’t see our hands, no one can see our hands, and they’re not sure if sitting next to him I’ve got a knife or a gun but on the stage my hands were visible, holding a placard. Since when does holding a placard in a peaceful manner constitute a threat,” Malema argued.

He hit back at National Assembly Speaker Nosiviwe Mapisa-Nqakula for not allowing further points of order during SoNA and said it was “totally unacceptable, unlawful, unconstitutional, and undermines the democratic culture, mandate and architecture of a democratic Parliament”.

The EFF wants to speaker to tender an apology to the party within 48 hours.

He said EFF MPs were permitted absolute freedom of speech and to protest in Parliament in terms of Section 58 of the Constitution.

“With maximum discipline and in compliance with the Joint Rules [of] Parliament, we as EFF MPs correctly and decisively raised some of the issues that require immediate intervention and attention,” he explained.

He continued to argue that his hands were visible with a placard and that the protest was even more peaceful than when the EFF demanded that former President Jacob Zuma pay back the money.

“. there was no singing, it was just going to be standing on the stage silently carrying placards,” he stressed.

He further claimed that Ramaphosa would have proceeded with his speech in the presence of a protest.

“Because you’re now no longer talking the Constitution, you’re talking feelings so you ought to appreciate that the Constitution allows that. The Constitution encourages a peaceful protest, which is what we did,” he said.

The EFF will report the Speaker to the Rules Committee of Parliament and will also table a motion of no confidence against her for referring to EFF MPs as "animals".

“The Speaker must know that from now onwards, she has declared a war against EFF members of Parliament for referring to us as animals and we will treat her accordingly. Referring to Members of Parliament as animals is against the Rules of the National Assembly and altogether unacceptable,” he said.

SOUTH AFRICA IN CRISIS

Malema went on to unpack Ramaphosa’s announcement of a Minister of Electricity by calling it a foolishly conceptualised Ministry that must be rejected with contempt because South Africa has always had a Ministry responsible for electricity.

Ramaphosa announced that he would be appointing a new Minister of Electricity in The Presidency to coordinate the response to the electricity crisis, which has now officially been declared a “national disaster” with immediate effect.

“South Africa, we are in a crisis! There is no electricity and there is no plan to bring back electricity. South Africa we are in a crisis of unmanageable levels of gender based violence! We don’t have jobs! We don’t have dependable water supply! We don’t have anything,” Malema expressed.

As President Cyril Ramaphosa gears up to present his State of the Nation Address (SoNA) on Thursday evening, political parties are urging him to prioritise the country’s energy crisis.

On Tuesday, South Africa recorded its hundredth consecutive day of loadshedding, with the lights off for parts of every day since October 31, 2022. According to the South African Reserve Bank, each day of loadshedding impacts the economy to the tune of around R1-billion in losses.

GOOD secretary-general and MP Brett Herron wants Ramaphosa to share the State’s urgent and implementable plan to stop loadshedding and give consumers an immediate break by assisting them to acquire solar power.

He said a State of Disaster, which had been touted, was not a plan to stop loadshedding.

“For the past month or two, members of the executive have provided different timeframes and methodologies by which they say South Africa will overcome loadshedding. What’s the truth? How are we going to do it, and when? Why should long-suffering electricity consumers believe the plan this time, when previous promises have just delivered more loadshedding?” Herron added.

Herron said the President must also use his power to make a just energy transition real for ordinary electricity consumers by providing State backing for the affordable implementation of solar energy.

Meanwhile, the measures the South African Communist Party (SACP) has suggested included a massive rollout of household solar systems, including solar geysers, and where possible gas geysers, with a focus on workers and the poor.

The SACP explained that this could be anchored in localisation to manufacture and assemble the components into built-up units, which could create employment and reduce the crisis-high level of unemployment.

The party said measures introduced during the last SoNA had not resolved the energy crisis, and that loadshedding had not only continued but had worsened.

The Inkatha Freedom Party (IFP) holds very low expectations for this year’s SoNA.

“We anticipate much the same as was promised year upon year, since he took office in 2018. In truth, there is nothing that the President can say that will make any sense or carry any substance in the absence of a clear-cut energy strategy, with firm timelines and deliverables for consumers, business and investors,” said IFP spokesperson Mkhuleko Hlengwa.

NATIONAL STATE OF DISASTER

The SACP believes that under the current energy situation, declaring the energy crisis a National State of Disaster has become necessary.

It said the importance of wider consultation through government structures could not be overemphasised, while ensuring decisiveness through progressive policies and interventions to achieve the desired outcomes under the National State of Disaster, if declared.

Politically, within the Tripartite Alliance there must be consistent, extensive consultation on the direction that should inform the National State of Disaster and the content of policies and measures to be implemented, it added.

The SACP wants government to combat corruption and strengthen accountability and wants Parliament to play its oversight role strictly.

PRIORITISING STABILISING MUNICIPALITIES

GOOD also wants Ramaphosa to prioritise stabilising municipalities, and said without measures to stabilise coalition governments, the instability presently witnessed in Johannesburg, Ekurhuleni, Durban and many other municipalities would be replicated across the nation.

“What we presently have is a recipe for instability, for coalitions to be formed not on principle but on political opportunity, and for service delivery to become an afterthought. The President has the power to lead us out of this dead-end,” said Herron.

The African National Congress (ANC) managed to pay its staff members fully in January and is hopeful that it will be able to do so in February, according to newly elected treasurer-general Gwen Ramokgopa.

The party has been battling for months to pay its workers amid money woes.

However, at an ANC Progressive Business Forum fundraising dinner in Cape Town on Wednesday, hosted by Ramokgopa, she told those in attendance that the party's finances were on the "road to recovery".

"We have paid our workers fully for January and with continued support, we are sure that we will pay our workers for February and so forth," Ramokgopa said.

She added that it was because of the "generosity" of companies, members of the forum, and the party's own members that its financial situation had improved.

".Even the [generosity of] national executive committee [members] as we attend a meeting, we contribute. There is no free lunch. So, there has been a lot of generosity and we really appreciate that," Ramokgopa said.

In her new role, Ramokgopa has the task of ensuring that the party's finances are healthy, woos people to fund the party and, most importantly, ensures that staff at Luthuli House are paid their salaries, and on time.

Since 2021, the ANC has had challenges with staff salaries. Staffers downed tools and protested after not receiving their salaries for months. The workers' provident fund and medical aid contributions were also not paid. Last year, workers protested at the ANC policy conference at Nasrec.

However, it appears that the party's fortunes are changing.

During the ANC's 111th-anniversary celebrations in Bloemfontein, Ramokgopa told News24 at its gala dinner that the ANC had raised millions of rand and that the event was sold out hours before it started.

On Wednesday evening, Ramokgopa said the main focus of the event was not the finances of the ANC. She did, however, encourage those who were at the dinner to fund the party directly and not through the Electoral Commission of South Africa.

"We would appreciate it if you fund us directly and commit to account for it and use it prudently and efficiently. However, if there are issues, that is also a way of funding democracy. This democracy was not free, and going forward, it is a democracy that must remain priceless for us," she said.

South African President Cyril Ramaphosa will deliver his seventh state of the nation address on Thursday at a parlous juncture in his tenure.

An energy crisis dating back to 2008 dramatically intensified last year and rolling blackouts have been imposed for 102 consecutive days to prevent the grid from collapsing, hobbling the economy. There’s also widespread public anger over a 33% unemployment rate, surging living costs and the near collapse of government services in many towns.

With next year’s elections gearing up to be the most hotly contested since apartheid ended in 1994, Ramaphosa needs to provide solutions to the country’s myriad problems to bolster his chances of winning another term. He’ll deliver his speech in the Cape Town city hall, because parliament is still being rebuilt after being gutted by a fire.

These are some of the key issues the president is likely to address.

1. Power Shortages

Steps to curb the electricity outages, known locally as loadshedding, and put troubled state power utility Eskom back on a sound financial footing are likely to be front and center of Ramaphosa’s speech. The government has said it’s considering declaring a state of disaster to tackle the crisis and the president could spell out what that will entail. He’s also likely to touch on a plan announced last year for the government to take over as much as two-thirds of Eskom’s R396-billion of debt, with Finance Minister Enoch Godongwana set to announce details of the bailout in the February 22 budget. Incentives for households and companies that install their own electricity-generation capacity may also be on the cards.

2. Government Reorganization

The governing African National Congress decided at its national conference in January to place several state entities that are currently overseen by the Ministry of Public Enterprises under the control of line ministries, and Ramaphosa could set out what’s envisioned. The options include getting Eskom to answer to the energy ministry and moving state logistics company Transnet and South African Airways to the Ministry of Transport. The president has also faced calls to split the Department of Mineral Resources and Energy in two, and to amalgamate some smaller departments.

3. Wage Costs

Civil servants’ salaries have risen by an annual average of two percentage points above inflation for the past decade, and paying them now accounts for almost a third of state expenditure. Even so, unions representing state workers last year demanded raises of as much as 10% to offset the spike in living costs. The government said that was unaffordable and unilaterally implemented a 3% wage hike. The deadlock continues and Ramaphosa could give a steer as to whether the government will continue digging in its heels or is prepared to compromise. Ratings companies have consistently flagged the wage bill as a key fiscal risk.

4. Infrastructure Investment

Ramaphosa has consistently flagged increased investment in new rail links, roads and other infrastructure as a way of kick-starting the ailing economy and creating jobs. With a number of state entities and departments repeatedly failing to implement projects and returning the money to the National Treasury, the president could announce new measures to compel them to spend their budgets. He’s also likely to reiterate calls for private companies to partner with the government on infrastructure projects.

5. Tackling Crime

The government has made little progress in tackling rampant crime and the country’s murder rate remains among the highest in the world. No-one has been held to account for a series of mass shootings over recent months or for a bout of civil unrest in 2021 that claimed 354 lives. Ramaphosa, who announced the recruitment of thousands of additional police officers last year, is expected to unveil additional measures to ensure law enforcement is beefed up.

The Portfolio Committee on Tourism has told SA Tourism to scrap the controversial R1-billion Tottenham Hotspur deal.

On Tuesday SA Tourism and Tourism minister Lindiwe Sisulu appeared before the committee to give more details about the deal and to explain why it is going to benefit the country.

Committee chairperson Tandi Mahambehlala said they will investigate the deal and also shared that they will recommend that the R1-billion be reprioritised.

She said the presentation it received from the SA Tourism acting CEO Themba Khumalo was underwhelming, full of contradictions and created more questions than answers as the South African Football Association (Safa) was not listed among the stakeholders consulted on the deal.

“The exclusion of Safa is incomprehensible and ridiculous,” Mahambehlala said.

The Democratic Alliance (DA) has already recommended that the R1-billion be allocated to fix the energy crisis.

Mahambehlala added that her committee has also recommended that SA Tourism acting CFO resign with immediate effect owing to a conflict of interest pertaining to him.

Further, the committee told Sisulu and SA Tourism that there is no statistical basis for the claims that the Tottenham Hotspur deal will deliver 21-million tourists in 2030.