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ActionSA has succumbed to the outcry from its supporters and says it will not hold coalition talks with the African National Congress (ANC).

The party conducted a survey involving about 30 000 participants, following the collapse of the multi-party government in Johannesburg in September.

The overwhelming majority of respondents did not favour a coalition with the ANC.

ActionSA national chairperson Michael Beaumont said: "The ANC got a score of -32% of the favourability index. ActionSA's senate has resolved that there will be no talks with the ANC regarding coalitions."

"And there can be no arrangement where an ANC government exists because of ActionSA, or an ANC government is kept in power because of ActionSA. South Africans were clear that ActionSA must provide an alternative, and there can be no co-governance with the ANC."

Instead, the party's supporters favoured coalition partnerships with the Inkatha Freedom Party, United Democratic Movement, African Christian Democratic Party and Freedom Front Plus.

The Democratic Alliance (DA) polled fifth, a decrease from a similar poll the party conducted ahead of the municipal elections in 2021.

"The ActionSA senate met last night to discuss the public engagement phase of our review of multiparty coalitions. Sixty-one percent of respondents were unhappy with how coalitions were being handled and did not feel that coalitions delivered effectively for them. Eighty-four percent of respondents still want ActionSA to enter coalitions because they see coalitions as the future. ActionSA president Herman Mashaba has written to the DA about co-governance concerns, and power sharing is prioritised and placed on the agenda," Beaumont said.

In Johannesburg in September, the removal of former mayor Mpho Phalatse and intense debate among coalition partners, mainly the DA and ActionSA, showed cracks in the coalition government arrangement.

The DA and ActionSA also fought about the candidate for the speaker position in the Johannesburg council.

The failure of coalition partners to reach a compromise prompted a key ally, the Patriotic Alliance, to switch sides, ensuring that an ANC-supported bloc in the council won the speaker and mayoral positions.

ActionSA indicated that it would engage with all political parties in Gauteng, including the ANC, on how best to stabilise coalition governments.

The ANC's inclusion may have surprised many people because, ahead of the municipal elections, ActionSA branded itself as an alternative to the ANC.

The party's leader, Herman Mashaba, repeatedly emphasised the need to remove the ANC from power in campaign messaging.

The Organisation Undoing Tax Abuse (Outa) have criticised the National Assembly’s (NA’s) decision to adopt the Electoral Amendment Bill, saying this was another blow to the public's faith in Parliament.

On Thursday, 232 MPs voted in favour of the controversial Electoral Amendment Bill, 98 rejected it and three abstained from the vote.

The Bill will be sent to the National Council of Provinces (NCOP) for concurrence.

This despite civil society organisations urging MPs to reject the Bill, saying if it is passed, Parliament will jeopardise citizens’ right to vote and cause injustice to the country’s democracy.

The majority of the vote falling in favour of the Bill can be attributed to the African National Congress, Economic Freedom Fighters and Al Jama-ah. The Democratic Alliance, Freedom Front Plus, African Christian Democratic Party, Inkatha Freedom Party, United Democratic Movement rejected the Bill.

“We are dismayed at Parliament’s utter lack of consideration for the constitutional concerns that Outa and other civil society organisations and experts raised. We believe the Bill in its current form fails to pass constitutional muster,” said Outa parliamentary engagement and research manager Rachel Fischer.

She said after failing to meet the Constitutional Court’s two-year deadline, the Bill still fails to protect voters’ constitutional rights.

Fischer highlighted that MPs who voted in favour of this Bill ignored a resounding call from Outa and more than 50 other civil society organisations to reject the Bill in its current form.

“It is a disgrace that Parliament was given 24 months from the ConCourt judgment to amend the Electoral Act but not only missed the June deadline, but there’s a good chance that the Bill will not be finalised by the extended deadline of 10 December 2022. Unless, of course, the NA and NCOP pull out all the stops to force this Bill through, trampling on any substantial and valid effort to critique it,” added Fischer.

She claims that the Bill, as it stands, was not developed with constitutional law experts or civil society organisations.

Fischer noted that with the NCOP’s public participation process commencing Friday, it is evident that the NA and NCOP are intent on forcing the Bill through to meet the December 10 deadline.

She said it was now up to civil society and South Africans to ensure proper electoral reform that respects citizens’ civic rights and protects the country’s Constitution.

KwaZulu-Natal prosecuting authorities are still investigating whether or not they should prosecute former president Jacob Zuma's daughter, Duduzile, for instigating violence during the unrest that occurred in parts of South Africa in July 2021.

"That matter is still under investigation. These matters are not easy to deal with and are not dealt with overnight," KZN director of public prosecutions, Elaine Zungu, said on Friday at a rare press briefing.

She outlined the progress made in cases and the general state of prosecutions in the province.

When she was asked about Duduzile Zuma's case, she responded that it was a complex matter.

Zuma's daughter came under fire after she posted a now deleted video of someone firing a rifle at a poster of President Cyril Ramaphosa.

Zungu pointed out that there must be "sufficient evidence linking the accused to the offence".

"We also look at our prospects of success. Investigations are continuing and the matter continues to be looked into by prosecutors."

She compared the case to the arrest of the so-called instigators.

"Even in the WhatsApp matters (a reference to the so-called instigators), it took time. We do not enrol cases overnight."

It took authorities more than a year to arrest the most low-level suspects, many of whom are accused of sending out text messages and forming groups on WhatsApp to coordinate violence and looting.

Thus far, Zungu said, 61 people have been arrested in relation to unrest-related activity on WhatsApp groups. Two other cases, including those of alleged instigators Bonginkosi Khanyile and Mdumiseni Zuma, are on the court roll.

The 61 accused belonged to just three WhatsApp groups that were active during the unrest period, Zungu said.

Political killings

Zungu also shed light on cases involving political killings, saying that organised crime prosecution officials work on matters involving the death of a councillor, mayor, any person "belonging to a political party who has been killed", or cases where "there was an attempt to kill such a person".

Authorities are dealing with 145 political cases and 57 of those are in court.

Of the fifty-seven, 31 are decision dockets, meaning that some are under investigation and others are pending prosecutorial decisions.

Fifty-eight of the matters have been closed for "various reasons".

The review of the ministerial handbook, which outlines perks for ministers and deputy ministers, will be handled by a neutral structure, Minister in the Presidency Mondli Gungubele said.

The review of the Guide for Members of the Executive follows President Cyril Ramaphosa's recent withdrawal of amendments to the handbook. The amendments would have seen ministers and their deputies benefit from additional perks, which included an increase in staff at their official residents.

The perks would have also seen taxpayers pay fully for water and electricity for officials. Ramaphosa withdrew the amendments, which he first approved in April. Gungubele said Cabinet welcomed Ramaphosa's withdrawal but called for a review of the ministerial handbook.

Once the guide had been reviewed, it would be made public through the Department of Public Service and Administration.

The motion of no confidence in Ekurhuleni Mayor Tania Campbell will be debated and voted on by political parties in the Ekurhuleni council on 26 October.

A council committee programming meeting on Thursday certified the motion, paving the way for it to be debated and voted on by councillors. The African National Congress (ANC) caucus submitted the motion. Ekurhuleni council Speaker Raymond Dlamini said the motion was submitted on time and met the standards to be debated by the council.

Campbell will be the second Democratic Alliance-elected mayor to face a motion of no confidence. Last month, DA councillor Mpho Phalatse was ousted as the mayor of Johannesburg and replaced by ANC councillor Dada Morero.

The DA coalition runs a minority government in Ekurhuleni which means the numbers held in the council may not be enough to protect Campbell from removal.

Campbell, like Phalatse, was voted into office with the support of the Economic Freedom Fighters (EFF) after the municipal elections failed to provide a majority government for the two metros. Whether the EFF helps the ANC remove Campbell remains unclear.

On Thursday, 232 MPs voted in favour of the controversial Electoral Amendment Bill.

Civil society organisations have been urging MPs to reject the Bill, saying if it is passed, Parliament will threaten citizens’ right to vote and cause injustice to the country’s democracy.

98 MPs voted against the Bill and there were 3 abstentions. The Bill will be sent to the National Council of Provinces for concurrence.

The votes were broken down as follows:

197 ANC MPs vote in support

73 DA MPs vote against

32 EFF MPs vote in support

13 IFP MPs vote against.

8 FF Plus MPs vote against

4 ACDP MPs vote against

2 GOOD MPs and 1 AIC MP abstain

1 PAC MP and 1 Al Jama-ah MP vote in favour.

1 COPE MP votes against

Parliament was given until December 2022 to finalise the Bill and a committee was established to advise Parliament what electoral system South Africa could adopt in accommodating the change in the Act – the current electoral system or a mixed-member constituency.

“Much to our disappointment, Parliament has opted to endorse a minority view of the report that does not make substantial changes to the electoral system. The Electoral Amendment Bill consultative process undertaken by Parliament has been equally flawed, as citizens’ preference for the majority view was overridden,” said civil society organisation Defend Our Democracy.

Supporting the call for the rejection of the Electoral Amendment Bill Anglican Archbishop Thabo Makgoba said the reform Bill presently favours political parties, and centers power and control within them and not the electorate.

Defend our Democracy warned that if the Bill is passed, independent candidates will need to receive about 8 000 signatures to stand for elections. This while political parties only need 1 000 signatures.

It also points out that independent candidates could lose out on winning seats in Parliament and have their votes given to political parties.

“If for example, 50 000 votes are required to win a seat, and an independent gets 250 000 votes, then 200 000 votes get discarded and wasted. However, if a political party that gets 250 000 votes, they will likely get five or even more seats. At a provincial level, if for example, 50 000 votes are required to win a seat, and an independent gets 250 000 votes, then their 200 000 votes are distributed between political parties,” the organisation warns.

It also questioned the equality of votes by noting that independent candidates will be required to get twice as many votes for a seat in Parliament, compared with political parties.

Further, the Bill does not allow for a by-election once an independent candidate vacates their elected position. Instead, it uses a "recalculation" which could allow a political party to fill the vacancy.

Defend Our Democracy also argued that Parliament did not adequately publicly consult on the Bill or consider arguments against the Bill made by civil society.

It added that if the Bill is passed as is, voters will not be able to vote for or hold MPs or MPLs directly accountable in their respective wards or districts.

Defend Our Democracy campaign is calling for support in rejecting the Electoral Amendment Bill, calling it flawed and a threat to South Africa’s Constitutional democracy.

The Bill is being drafted in Parliament after the Constitutional Court ordered the Electoral Act be changed to allow independent candidates to participate in the provincial and national elections.

Parliament was given until December 2022 to finalise the Bill and a committee was established to advise Parliament what electoral system South Africa could adopt in accommodating the change in the Act – the current electoral system or a mixed-member constituency.

“Much to our disappointment, Parliament has opted to endorse a minority view of the report that does not make substantial changes to the electoral system. The Electoral Amendment Bill consultative process undertaken by Parliament has been equally flawed, as citizens’ preference for the majority view was overridden,” said Defend Our Democracy.

Supporting the call for the rejection of the Electoral Amendment Bill Anglican Archbishop Thabo Makgoba said the reform Bill presently favours political parties, and centers power and control within them and not the electorate.

"We call and we want reforms that will bring more representative accountability to the people, not only to the party, and for our vote as citizens to count. This is our principle stance. We want MPs accountable to the people and not to the political parties so that the national interests are placed above party politics,” he said.

He added the campaign also wants the Zondo Commission recommendations to be seriously considered and implemented in the Bill.

Makgoba said there is no protection in the Bill for an MP to vote with their conscience, adding that if they do, MPs risk their livelihoods because the party can withdraw their membership and they will also lose their seat.

“Perhaps we need to look at different models that exists within other Constitutional democracies. What the Bill is proposing, I am informed, has not been implemented or practised anywhere in the world. I know some people would say its innovative but it does not seem to cut the cheese for us as citizens. We need to remember that the Constitutional Court does have residual powers to make laws at a very narrow circumstance, so perhaps in this instance rather than rush a Bill that excludes accountability to the majority citizens and favours political parties we may ask the Constitution Court to draft an enabling Bill that will take into consideration some of our concerns," he said.

Defend our Democracy points that if the Bill is passed, independent candidates will need to receive about 8 000 signatures to stand for elections. This while political parties only need 1 000 signatures.

It also points out that independent candidates could lose out on winning seats in Parliament and have their votes given to political parties.

“If for example, 50 000 votes are required to win a seat, and an independent gets 250 000 votes, then 200 000 votes get discarded and wasted. However, if a political party that gets 250 000 votes, they will likely get five or even more seats. At a provincial level, if for example, 50 000 votes are required to win a seat, and an independent gets 250 000 votes, then their 200 000 votes are distributed between political parties,” the organisation warns.

It also questioned the equality of votes by noting that independent candidates will be required to get twice as many votes for a seat in Parliament, compared with political parties.

Further, the Bill does not allow for a by-election once an independent candidate vacates their elected position. Instead, it uses a "recalculation" which could allow a political party to fill the vacancy.

Defend Our Democracy also argued that Parliament did not adequately publicly consult on the Bill or consider arguments against the Bill made by civil society.

It added that if the Bill is passed as is, voters will not be able to vote f...

In a major twist to the oft-delayed Jacob Zuma corruption case, Pietermaritzburg High Court Judge Piet Koen has invited arguments from the State and defence as to whether he should continue to preside over the former president's trial.

"The integrity of the trial must be beyond any criticism or reproach. It is my task to ensure that it meets that expectation," Koen stated in a brief ruling delivered on Wednesday morning.

The judge then adjourned Zuma and French arms company Thales' trial to 30 January 2023.

His self-initiated invitation for submissions on his potential recusal came after Zuma's lawyers asked that he make a decision on whether the prosecutor, Billy Downer, should continue to participate in the case – given that the former president had initiated a private prosecution against him and News24 journalist Karyn Maughan for allegedly violating the National Prosecuting Authority Act.

In a letter sent to Koen on Sunday, Zuma's attorney, Bethuell Thusini, stated that the former president objected "to any further involvement of Adv Downer in this matter [the corruption trial]" as Downer is "Accused 1 in the ongoing private criminal prosecution in which our client [Zuma] is the prosecutor".

"He [Downer] is therefore ethically and professionally bound to recuse himself as he is clearly conflicted," Thusini said, before adding that "(f)or now, we leave that issue in the hands of the court to regulate in the exercise of its own management of the proper administration of justice".

Koen had on Monday pointed out that he had previously addressed the subject matter of Zuma's criminal complaint against Downer in his ruling on his "special plea" application, where he dismissed the 14 grounds upon which Zuma contended that Downer lacked the "title" to prosecute him.

Those grounds included Zuma's claims that Downer had criminally violated the NPA Act by allowing court papers, containing a note from one of his military doctors, to be provided to Maughan.

Maughan had received the disputed court papers from advocate Andrew Breitenbach SC, who was acting for the NPA at the time.

Zuma contended that his private medical information was "leaked" by Downer, despite the fact that he failed to claim confidentiality when his lawyers filed the disputed letter in court.

Koen found that the letter was submitted to Downer "without any specific restrictions as regards confidentiality".

The judge held that the letter was vague and general, and did not disclose anything that could be said to amount to "an actionable violation of Mr Zuma's rights".

On Monday, Koen appeared concerned that the findings he had made on this issue, which he stressed at the time could still be the subject of more intensive investigation, might impact perceptions about his ability to determine whether Downer should be required to step down.

While the judge had initially invited the parties to address any written submission they "may wish to place before me in regard to my possible recusal" by 22 October, he has now extended that deadline to 3 November.

He also adjourned Zuma's trial, so that he could decide on the issue.

Koen added that, upon careful reflection, he had "concluded" that the issue of his continued involvement as presiding judge in the trial needed to be addressed.

While he appreciated that the adjournment would take up time, Koen said the delay, and the fact that the trial would not continue on its mooted resumption date of 7 November, was "inevitable and required in the interest of justice".

On Friday, Zuma filed a fresh appeal application, to force Downer's removal, in the Constitutional Court through a so-called "special plea".

The NPA is expected to oppose this latest appeal attempt, which Downer on Monday slammed as a further continuation of Zuma's so-called "Stalingrad" litigation strategy.

The former president continues to argue that – should he successfully challenge Downer's title to prosecute him – he will be entitled to an acquittal on charges th...

By enhancing the operational capacity of electoral bodies through coordination, training, skilling and effective leadership, citizens can take forward democratic gains in established and emerging democracies, as well as in post-conflict societies.

This was according to President Cyril Ramaphosa, who gave a pre-recorded address to the Association of World Election Bodies (A-WEB) fifth General Assembly and International Conference, held in Cape Town.

Ramaphosa said building resilient and sustainable democracies was a collaborative effort.

South Africa assumed the chairpersonship of the A-WEB from the Election Commission of India.

Jang In-sik from South Korea was elected the Secretary-General of the world body.

Independent Electoral Commission of South Africa (IEC) chairperson Mosotho Moepya said he accepted, on behalf of the IEC, the responsibility that had been placed on South Africa and the African continent by the A-WEB to act as chairperson for the next two years.

Ramaphosa said South Africa was honoured to assume the chairpersonship of the association and he congratulated the organisation for its work in strengthening election management bodies across the world.

“In an age where the threats to consolidating democracy are multiple and varied, it is encouraging that the general assembly will be looking, among other things, at how disinformation spread online can undermine democratic processes,” he stated.

He said the general assembly will be deliberating on these threats to democracy and how to overcome them.

Ramaphosa added that the assembly was a vital platform for dialogue on elections between peer organisations from across the globe and an opportunity to advance participatory democracy and accountability.

He explained that in recent times several instances of unconstitutional changes of government and an erosion of democratic practices around the world were being witnessed.

“We need to work together to meet this critical challenge of our time. As South Africa assumes the chairship of the association, we once more pledge our support for the Independent Electoral Commission at this challenging and important endeavour,” Ramaphosa said.

Also addressing the conference, Minister of Home Affairs Dr Aaron Motsoaledi noted that in the last decade many nations, including regional and economic powers, have been confronted with challenges of protracted violent conflicts and political instability, as well as an assault on democratic institutions and constitutionalism.

According to the 2021 Global State of Democracy Report, more than 70% of the global population now lives either in non-democratic regimes or democratically backsliding countries.

This is matter of overriding concern, said Motsoaledi.

IEC vice-chairperson Janet Love said the A-WEB conference was taking place at a very important time in history.

“It is a time when democracy is under threat across all continents of the world. Not only is Europe caught in the grip of war, but the foundation and pillars of some of the world’s oldest democracies have been shaken and tested. How can we not take note of the January 6, 2021 events at the Capitol in the USA?” she said.

The lawyer representing former Bosasa COO-turned-whistleblower Angelo Agrizzi has told News24 that the pulmonologists who examined his client agree that he can't physically attend his court case.

Agrizzi's corruption case was back before the Specialised Commercial Crimes Court, sitting in the Palm Ridge Magistrate's Court in Johannesburg on Tuesday.

But the case was postponed to 23 January 2023, to await the outcome of a case in the Gauteng High Court in Pretoria on whether Agrizzi could physically stand trial.

Earlier this month, News24 reported that the High Court would have to decide whether Agrizzi could physically stand trial for his role in the R1.8-billion Bosasa fraud case.

If the High Court determines that he is fit to stand trial, it will also have to determine whether he must attend court physically or virtually.

That application will be argued on 2 December, and the arguments will be based on medical reports.

On Tuesday, Agrizzi's lawyer, Mannie Witz, told News24 the State's appointed doctors and Agrizzi's doctors had done "all" medical examinations.

Witz said they appeared before Gauteng Deputy Judge President Aubrey Ledwaba, who had given directives for the doctors to do "joint pre-trial minutes as to whether they agree to agree or agree to disagree"

"The pulmonologists have already agreed that he can't physically come to a court. He is not in good condition. He is obviously on 24/7 oxygen.

"His condition is very bad, and so they are in agreement of that, but the State is persistent. They say they still want to proceed against him. They want to try and do it virtually. If anything, I think they are talking [about] maybe half an hour to an hour a day, with nurses and doctors assisting him," Witz said.

"There are other medical aspects that still need to be investigated. The doctors are going to get together and do joint minutes."

Agrizzi has not appeared in court since October 2020, due to his health.

He and former ANC MP Vincent Smith were arrested and charged with corruption after Agrizzi allegedly offered gratification to Smith on behalf of Bosasa, in exchange for his influence as the then-chairperson of Parliament's oversight committee on correctional services.

Smith faces additional charges of fraud for alleged payments made to his company Euroblitz in 2015 and 2016. He also faces charges of money laundering, tax evasion, and contravention of the Financial Intelligence Centre Act.

The court previously granted the State's application for trial separation due to Agrizzi's ill health. Smith had pleaded not guilty and maintained the money was a loan from Agrizzi, a claim Agrizzi denied.