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African National Congress (ANC) president Cyril Ramaphosa has sounded the alarm bells, warning delegates at the party’s national policy conference that deep divisions within the ANC have left it at its weakest point in 30 years.

"The ANC is today at its weakest and its most vulnerable since the advent of democracy." he said.

He was delivering the opening speech at the party’s sixth policy conference at Nasrec, Johannesburg.

Not mincing his words, Ramaphosa stressed the point that the ANC's weaknesses were "evident in the distrust, disillusionment, and frustration that is expressed by many people towards our movement and our government".

He went on to say that the weakness were also reflected in the party’s drop in support during the 2021 municipal elections, where for the first time, it garnered less than 50% of the national vote.

Most strikingly, Ramaphosa said the ANC's weaknesses were evident in the divisions within its own ranks.

He said the divisions were not even rooted in policy or ideological differences, but were "driven by the competition for positions, the contestation of structures, and the pursuit of access to public resources".

"These divisions manifest themselves in patronage, gatekeeping, vote buying, and manipulation of organisational processes. These divisions are driven by corruption and the need by those responsible for corruption to avoid detection and accountability," he said.

He stressed that the task of transformation depended on the unity, cohesion, and strength of the movement and, as such, what the policy conference needed to do was to ensure that the party emerged more united and not divided.

"Despite trying circumstances, the ANC is showing signs of renewal, and we are continuing to forge unity around several issues.

"We have been able to make progress around the process of organisational rebuilding, where our branches were able to hold BGMs in the midst of the pandemic and undertake campaigns in communities," Ramaphosa said.

He added that the most significant development in the fight against corruption which was the main driving force behind division, was the establishment of the Zondo Commission.

"The commission finalised its work last month, and the government has embarked on a process to consider all the commission’s findings and recommendations.

"As the ANC, we have consistently maintained that the commission is a necessary part of the broader social effort to end all forms of state capture and corruption.

"We are therefore engaging with the findings and recommendations of the commission to determine how these can help to enhance the process of fundamental renewal and rebuilding within our movement," he said.

In his speech, that did little to rouse up party members, Ramaphosa also called on delegates to not only excel at diagnosing the problems, but asked that they also come up with solutions to the identified problems.

The Labour Court has denied the National Union of Metalworkers of South Africa's (Numsa's) application for leave to appeal its ruling interdicting its controversial and currently on-going national congress.

Numsa general-secretary Irvin Jim and Numsa president Andrew Chirwa were re-elected unopposed at the congress on Wednesday evening. The group of formerly suspended officials, who initially brought the case for the interdict, as well as their lawyers now argue that the latest ruling effectively declares the election invalid.

The Labour Court ruled on Thursday morning after Numsa appealed a weekend interdict compelling the union to rectify the suspensions and congress arrangements before going ahead with the gathering. In the meantime, Numsa lifted the suspension of officials and continued with the congress.

The lawyers for the formerly suspended officials told Labour Court Judge Graham Moshoana that the union's special central committee (SCC) did not have powers that supersede the union's constitution.

It was a meeting of the SCC of Numsa that placed South African Federation of Trade Unions president Ruth Ntlokotse on suspension earlier this month.

Thursday's ruling said that if leave to appeal were to be granted, the decision of the Labour Appeals Court would have no practical effect for either of the parties because the union decided to proceed with the congress despite the interdict.

"In my view, the mootness of this appeal is plain. The interdictory relief sought has been overtaken by events. The action which it was formulated to prevent has occurred. The relief which was sought is now perfectly academic," Moshoana's order said.

Sources have told Fin24 that the formerly suspended officials have advised their lawyers to draft a contempt of court application, and are preparing for a bid by Jim to fire them in the coming weeks.

Numsa's lawyers and those for the 31 officials who had their suspensions from the union lifted made oral submissions to the Labour Court via a virtual hearing on Wednesday evening.

Numsa said Judge Moshoana misinterpreted the union's constitution because he applied common rules of precautionary suspensions when the Numsa constitution does not refer to "precautionary suspensions".

The virtual hearing was taking place at the same time that Jim was tabling a report to the congress in Cape Town. Jim earlier told delegates at the congress that the suspension of the officials that approached the Labour Court was lifted and that Numsa's Mpumalanga region would no longer be under administration.

A different opinion

On Wednesday evening, legal counsel for Numsa, Advocate Margareta Engelbrecht (SC), told the Labour Court that the Numsa constitution include the text of the constitution as well as the contextual meaning as the needs of the union and its structures arise.

"This matter is concerned with the constitution of Numsa. Your lordship took a particular position in that the constitution provides rights and everything must be evaluated within the four corners of the constitution. That is the constitution. However, we submit to you that a constitution is a contractual document," said Engelbrecht.

Moshoana asked Engelbrecht how unions go about formulating their constitutions. She replied the practice of the union infuses the meaning of the constitution.

"It is ultimately a document created through the national structures and over time it is adjusted to make provisions and amendments where necessary. Over time it is developed essentially by members and those in the structures to regulate the functions of the union," Engelbrecht said.

She said the conduct of union members gave meaning to how the union and its structures responded. She said Numsa's appeal sought to clarify if the Labour Appeals Court would reaffirm this view. Engelbrecht said the union's leadership had compelling reasons for the suspension of the officials, regardless of the validity of the suspension.

"Are they (union structures) supposed to...

Despite the devastating impact of the Covid-19 pandemic, South Africa has experienced positive population growth.

The population was estimated to be 60.6-million (by June 2022), with Gauteng being the most populated province, followed by KwaZulu-Natal.

The population increased by 640 074 (an annual rate of growth 1.06%) in the last year.

Of the 60.6-million people, almost 31-million are female.

Statistician-general Risenga Maluleke released the 2022 mid-year population estimates report in Pretoria on Thursday morning.

The estimates do not include input from the 2022 Census.

According to StatsSA, 16.1-million people are estimated to be living in Gauteng and KwaZulu-Natal which has about 11.5-million people. The Western Cape has the third-highest population with 7.2-million.

This year's measures of mortality indicate an improvement in life expectancy at birth from 61.7 years in 2021 to 62.8 years in 2022.

"As the nation grappled with the pandemic, it brought attention not only to the importance of healthcare and other social services required by people, but also to the age profile of the population and the vulnerability of key populations in the country.

"The elderly, who are more vulnerable to comorbidities, are more likely to experience the devastating effects of Covid-19. The vast number of deaths within this age group during the Covid-19 pandemic led to the drastic decline in the growth rate (1.47%) of the elderly population," StatsSA stated.

It added that when the country fast-tracked the Covid-19 vaccination programme to ensure healthcare workers and those aged 60 and above were vaccinated, the move not only saved lives but increased the rate of growth among the elderly population.

According to StatsSA, HIV/Aids deaths have also played a role.

Opposition parties in the Nelson Mandela Bay Municipality have signed a coalition government agreement, taking the first step to oust the African National Congress-led alliance governing the metro.

On Thursday, parties met in Gqeberha for a signing ceremony to cement the deal that took just over four months to come together.

Democratic Alliance (DA) leader John Steenhuisen told journalists at a press conference that differences should be put aside to improve services.

He said he believed that coalition governments were South Africa’s future.

"Can we fix it? Yes, we can," Steenhuisen told journalists.

"We have different philosophies, different ideologies, but we found common ground around the key principles on what we want to achieve for the people of Nelson Mandela Bay. This is undoubtedly a city in great crisis that has been plagued by instability and too many people who have placed their interest above the interests of the people."

Asked about the DA’s mayoral candidate, Steenhuisen said Eastern Cape MPL Retief Odendaal would be put forward by the party.

Other positions are yet to be determined and announced.

Piet Mey, leader of the Freedom Front Plus in the Eastern Cape, said the City had been destroyed by the ANC’s weak leadership.

"I believe this coalition government will make a difference in the next six months," he said.

African Christian Democratic Party (ACDP) deputy president Wayne Thring welcomed the agreement and reiterated that it would work in the interests of ratepayers and residents.

The ACDP, African Independent Congress, Abantu Integrity Movement, DA, Freedom Front Plus, PAC, and the UDM agreed to form a coalition government.

The Northern Alliance (NA), who were once part of the talks, were not part of the new agreement.

Steenhuisen said an offer for the NA to take up a seat on the mayoral committee was still available.

"We hope they will take it and be part of this new movement," he said.

Should the parties successfully form a coalition, it would be the second change in government since the 2021 municipal elections.

Last year, Eugene Johnson was elected as the mayor of the metro - by a one-vote margin - over DA Eastern Cape leader Nqaba Bhanga, who is now in the provincial legislature.

Bhanga won 59 votes, while the Johnson got 60. During the 2021 municipal elections, the DA and ANC each won 48 seats.

Altogether, 119 votes were counted, no ballots were spoilt, and only one councillor from the DA was absent.

The parties have already started a petition to remove the current metro leadership.

Public Protector Busisiwe Mkhwebane instructed investigators, who were probing the Vrede dairy farm, not to implicate politicians Ace Magashule and Mosebenzi Zwane, the Section 194 Committee heard.

Magashule is the former premier of the Free State. Zwane is the former Free State MEC for agriculture.

Sphelo Samuel, who was recently reinstated as the Free State head of the Public Protector, testified on Wednesday when the parliamentary impeachment proceedings against Mkhwebane resumed after a break. There had been a break last week to allow Mkhwebane and her legal team to prepare and participate in her court matter, which could scupper the proceedings.

Samuel sent two affidavits to former National Assembly Speaker Thandi Modise, to ask that Parliament investigate Mkhwebane, and also wrote a letter with a "friendly request" for Mkhwebane to resign. Days later, disciplinary proceedings against him were instituted.

Samuel is an admitted attorney, who joined the Public Protector's Office in 2000.

In 2015, he moved from Limpopo to the Free State, which is when he became involved in the Vrede dairy farm investigation.

He said the Public Protector at the time, Thuli Madonsela, repeatedly referred back a report on the Vrede matter because not enough attention was paid to politicians' roles. He was asked to take charge.

Samuel said Madonsela didn't sign off on a provisional report. She wasn't satisfied with the draft report because it didn't look at the role of politicians.

In October 2016, there was a changing of the guard at the Public Protector.

Madonsela's seven-year term had ended, and Mkhwebane took over.

In mid-March 2017, Mkhwebane visited the Free State - and Magashule wanted to speak to her before she visited the legislature.

"As part of this stakeholder engagement, the PP was due to meet various members of the Free State provincial legislature. I met with her the day before, to brief her and assist with her itinerary. At that meeting, I conveyed the premier's request to meet with the PP before she attended the legislature for the stakeholder engagement. The request had been conveyed to me by officials from the premier's offic," Samuel's affidavit read.

Mkhwebane told Samuel she didn't take instructions from Magashule, didn't know him and would not meet with him.

A few minutes later, she received a call. On her return, she said she had changed her mind and she would meet the premier, Samuel testified.

They met for 15 to 20 minutes behind closed doors. Samuel did not know what was said.

In the days after the meeting, the investigation continued.

Samuel wanted to interview Magashule and Zwane, but they didn't cooperate. He then wanted to subpoena the duo.

Mkhwebane issued a directive that all subpoenas to politicians had to be cleared by her. She refused his request to subpoena Magashule and Zwane.

According to Samuel, Mkhwebane said she did not want findings against politicians.

A revised report, in which Samuel was involved, had not been limited to the politicians only failing to take disciplinary action.

They were implicated in the transactions and Samuel concluded that they were "culpable". He made findings that Magashule and Zwane should be held liable because they had overall responsibility.

"In that report, I basically disobeyed the directive of the Public Protector that we should not make findings against politicians," said Samuel. He strongly felt there should be findings against them.

The Office of the Public Protector made serious findings against Zwane and Magashule, but it never made it into Mkhwebane's final report.

The disciplinary proceedings against Samuel were recently resolved after the Commission for Conciliation, Mediation and Arbitration (CCMA) ruled against the Public Protector, ordered it to reinstate Samuel, and to back-pay him R1.5 million.

At the start of Wednesday's proceedings, advocate Dali Mpofu SC, acting for Mkhwebane, informed the committee that he wrote to President Cyril Ramaphosa to invite ...

After President Cyril Ramaphosa announced an intention to import electricity from neighbouring countries to supplement South Africa's constrained power supply, Botswana wants South Africa to even buy more from it.

Botswana Power Corporation (BPC) wants Eskom to buy its off-peak generated power since electricity can't be stored on any scale and fluctuation can put strain on generators.

"BPC has therefore started engaging Eskom to purchase the excess electricity supply generated during off-peak times (weekends) in order to protect our plants against load management fluctuations and also to ensure that surplus electricity has a secured market," BPC said in a statement.

On Monday night, Ramaphosa said: "Neighbouring countries in southern Africa, such as Botswana and Zambia, have more electricity capacity than they require for their economies. Eskom will now import power from these countries through the southern African power pool arrangement."

Responding to Ramaphosa's measures, BPC said it was "alive to the announcement made by the president of the Republic of South Africa ...that Eskom will import power from Botswana".

Through the Maduo26 strategy, a five-year plan launched last year, Botswana intends to achieve its vision of becoming "a regional benchmark in electricity supply" by 2026.

So far, BPC said, it has been meeting local energy needs during off-peak hours. It is therefore "able to export excess power to the region".

The African National Congress (ANC) is giving those members implicated in the State capture report two months to present themselves to the party’s Integrity Commission.

The ANC said on Wednesday that while some of the findings in the report were unsettling for the party, it was using the report to identify and address shortcomings.

Implicated members are being urged to immediately approach the Integrity Commission, which has six months to complete its work, or face disciplinary action.

The final report, which was presented to President Cyril Ramaphosa by Justice Raymond Zondo makes critical findings about the ANC, the government it leads and individual ANC members.

The ANC said it had consistently maintained that the Commission was a necessary part of the broader social effort to end all forms of State capture and corruption.

The ANC has devised an “action plan” to immediately respond to the State capture report.

The constitutional, legislative and structural changes proposed by the Zondo Commission had been referred to the relevant ANC National Executive Committee (NEC) committees for deliberation.

“By way of example, the NEC Economic Transformation Committee is considering the recommendations from the commission on public procurement. As another example, the NEC Peace and Stability Committee and the NEC Constitutional and Legal Affairs Committee are together considering the recommendations around a new anti-corruption agency, the protection of whistle-blowers and deferred prosecution agreements, among others,” the party said.

The ANC has given its committees a deadline of August.

The ANC’s task team on State capture will make recommendations relating to weaknesses or lapses by the ANC. The State capture report highlighted cadre deployment as a serious enabler of State capture.

The party said it would review its policies, including cadre deployment.

“The ANC firmly believes that the work and findings of the State Capture Commission provide an opportunity for South Africa to make a decisive break with the era of state capture. While there may not be consensus on all the commission’s recommendations, they lay the basis for a comprehensive set of actions to prevent corruption and end state capture. As the African National Congress, we are determined to seize this opportunity for renewal, for the sake of our organisation and the sake of our country,” it said.

The ANC has also released a discussion document on corruption and State capture to stimulate debate between its structures and the public.

“The document recognises that the fundamental renewal of the ANC as an effective agent of transformation requires that the organisation confronts corruption in all its forms – in government, society and within the movement. It outlines what the ANC understands by state capture, its causes and impact, and details how such acts of corruption stand in stark contradiction to the ANC’s foundational principles and mission,” the party said.

ActionSA national chairperson Michael Beaumont on Tuesday assured KwaDukuza residents that his party will forge ahead with other political parties despite the Democratic Alliance’s (DA’s) decision to pull out of talks to form a new coalition government in the KwaDukuza Municipality.

The DA pulled out of talks on Monday, after it accused ActionSA of “several fundamentally untenable and potentially illegal demands”.

Coalition parties are hoping to unseat the African National Congress (ANC) in KwaDukuza, on the North Coast, when it tables a motion of no confidence on Thursday against the mayor, deputy mayor, chief whip and speaker.

Beaumont stressed that all those who vote on Thursday will eventually show whether they stand with the ANC or with the residents of KwaDukuza.

“We will work tirelessly to ensure that the best alternative is put on the table and that we serve the residents of KwaDukuza,” he said.

ActionSA, the Independent Alliance (IA) and the African Independent Congress (AIC) met on Tuesday to continue coalition talks without the DA, however, Beaumont extended an invitation to the DA to rejoin the talks.

The IA and AIC both affirmed that they would support the motion against current KwaDukuza mayor Lindi Nhaca and her counterparts.

They called for opposition parties to set aside differences to help unseat the ANC.

The DA said on Monday that ActionSA’s demands were problematic and, because of them, the coalition government would not be a credible alternative to the ANC in KwaDukuza.

“.because practices like cadre deployment and interference in budget processes would have continued unabated,” the DA said.

It explained that in the draft coalition agreement, “ActionSA insisted on the inclusion of a clause that would compel selection panels to report to an unelected political party committee. This proposal mirrors the ANC cadre deployment policy that was recently described as unconstitutional and illegal by the Zondo Commission, and which the DA is seeking to abolish through a court application.”

The DA also accused ActionSA of trying to create a political budget steering committee to manipulate the creation of budgets in the municipality.

“There is no provision in law for unelected politicians to interfere in a legally-defined budget process, and the DA therefore also rejected this outrageous attempt by ActionSA to execute State capture in KwaDukuza municipality,” the DA said.

The DA further distanced itself from any collaboration with the Economic Freedom Fighters (EFF), which it said ActionSA was inclined to.

“The DA has consistently made it clear that we will not negotiate agreements with the EFF, and that is a principle we will not violate for the sake of political expediency,” it said.

The DA added that it would resume talks with ActionSA if it abandoned its proposals.

ActionSA hit back against the accusations and explained that it wanted the multi-party coalition to be consulted on the appointment of senior managers in vital positions.

“These appointments are made in Council by Councillors and are strategic to the change that must be delivered by a coalition government. Without the support of a majority in Council, these appointments cannot be made. This necessitates meaningful consultation to reach consensus,” ActionSA said.

It clarified that it wanted input from the new coalition government on the annual budgeting process, in line with the Municipal Systems Act and supporting legislation.

“Without input from the new coalition, wasteful expenditure – like the millions spent on VIP Protection, conferences, travel and catering – cannot be redirected to priorities like infrastructure and reliable services. The DA bizarrely characterised this as state capture, but it is how change is delivered when the ANC is removed,” ActionSA said.

“ActionSA, alongside other parties, remains committed to removing the ANC and installing this coalition because it is what the residents of KwaDukuza deserve. I encourage the DA to simi...

The Democratic Alliance (DA) announced on Tuesday that it will monitor government’s progress in implementing its energy plan and hold it to account with the launch of the party’s Energy Plan Implementation Tracker.

On Monday evening, President Cyril Ramaphosa unveiled several far-reaching interventions – including a doubling in the allocation for the next renewables procurement round, the scrapping of the 100 MW licence-exemption threshold for distributed generators and the proposal of a feed-in tariff for self-generating households and businesses – as part of a much-anticipated action plan for ending load-shedding.

The DA’s Tracker will follow project implementation and red tape reduction milestones and the party says it will also hold Ramaphosa accountable for commitments made to add new generation capacity.

The DA said it is ready and willing to contribute to any genuine national effort aimed at addressing the energy crisis and to get South Africa working again.

The party has written to the Speaker of the National Assembly Nosiviwe Mapisa Nqakula recommending that Parliament takes immediate steps to establish a parliamentary ad-hoc committee to oversee government's National Energy Crisis Committee (NECOM) and the implementation of the energy plan.

Ramaphosa announced the establishment of NECOM to oversee the implementation of the energy plan.

The party wants Parliament to actively ensure accountability from the committee.

“South Africa simply cannot afford to have an energy crisis committee that will be a law unto itself, as was the case with the rogue Coronavirus Command Council. Parliament must be briefed on its terms of reference and the frequency with which it should account to the ad-hoc committee,” the DA said.

The party also wants a parliamentary ad-hoc committee to ensure that all the commitments made in the Energy Plan are implemented timeously.

“The President will have our support in the implementation of the energy plan as long as he remains committed to transparent and accountable implementation of the plan with the urgency required,” the DA said.

President Cyril Ramaphosa didn't risk a conflict of interest in the investigation into the alleged cover-up of a theft at his Phala Phala game farm when he suspended impeached Public Protector Busisiwe Mkhwebane, the Western Cape High Court has heard.

This was the argument of his counsel, advocate Karrisha Pillay, SC, on Tuesday during Mkhwebane's application to have her suspension declared unlawful and to scupper the parliamentary removal process against her.

On Monday, Mkhwebane's counsel, advocate Dali Mpofu, SC, argued that the Public Protector was investigating six cases against Ramaphosa – including the Phala Phala saga – and that it constituted a conflict of interest that precluded Ramaphosa from suspending her. He said the suspension came days after she started an investigation into the Phala Phala theft.

But, according to Pillay, in terms of Section 96 of the Constitution, the risk of a conflict exists if the president derives a private benefit from exercising an official duty.

She said the only one of the cases involving Ramaphosa's personal interests was the Phala Phala matter.

She also pointed out that the Public Protector Act required the Deputy Public Protector to fulfil the functions of the Public Protector in the event that she became unable to do so.

Acting Public Protector Kholeka Gcaleka stated that the office's investigations would continue, the court heard.

"There is no suggestion the Acting Public Protector won't execute her duties," Pillay added.

In those circumstances, the risk of a conflict between the official duties and private interests didn't exist.

According to Pillay, Ramaphosa also agreed to cooperate with the investigation.

"There is no evidence before this court to contradict the president's statements," she added.

Ramaphosa sent Mkwhebane a letter on 18 March, Pillay said, to ask her to give reasons why he shouldn't suspend her. "Many, many letters" between the two followed, which meant Mkhwebane was appraised of the fact that Ramaphosa was considering her suspension.

Judge Matthew Francis, who is hearing the matter along with Judges Lister Nuku and Judge James Lekhuleni, said the Acting Public Protector's continuation of the investigation didn't mitigate the risk.

But Pillay responded there was no risk because the president had no say in who the Acting Public Protector was.

The hearing continues.

The court is expected to hear Mpofu's response and argument from the Democratic Alliance's counsel.