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Democratic Alliance (DA) leader John Steenhuisen on Friday said the party has taken what he calls "historic and unprecedented legal action" against the African National Congress (ANC) and its cadre deployment policy.

Steenhuisen has filed court papers with the North Gauteng High Court to have the ANC’s cadre deployment policy declared unconstitutional and illegal.

On Wednesday, the DA presented its End Cadre Deployment Bill to Parliament’s Portfolio Committee on Public Service and Administration.

Steenhuisen said the court action was “war” against the ANC.

He was joined by DA Gauteng provincial leader Solly Msimanga, DA shadow minister of public services and administration Leon Schreiber, and DA national spokesperson Siviwe Gwarube.

Steenhuisen claimed that cadre deployment was the root cause of widespread municipal collapse, State capture and “grand corruption”.

Steenhuisen said the party’s legal papers showed evidence of how the ANC used cadre deployment to capture the State, extract public resources, and evade accountability.

He blamed the ANC’s deployment of members such as Brian Molefe to positions such as Eskom CEO as one of the reasons why the utility is in such turmoil today.

“This legal action is historic and unprecedented because it is the first time ever that the ANC’s own policies are being challenged in court. The DA is at war with the ANC itself and with the way it operates as a criminal syndicate,” Steenhuisen stated.

He said the DA had always maintained that the policy of cadre deployment had enabled the “racketeering operation that is the ANC’s patronage network”.

He added that cadre deployment had harmed the country’s society immensely, especially the poor.

“We fight this war on behalf of ordinary South Africans who have borne the brunt of this policy for many years, in the form of load-shedding, exorbitant fuel and electricity prices, bad service delivery, a stagnant economy, high unemployment, collapsing infrastructure, and endemic corruption at all levels of government. It is, at heart, a war on poverty,” Steenhuisen said.

President Cyril Ramaphosa has said that if charges were brought against him relating to the handling of the theft of money from his Limpopo farm, then processes of the African National Congress (ANC) would take place.

Former spy boss Arthur Fraser divulged that a theft, involving significant amounts foreign currency, took place on Ramaphosa’s farm in 2020.

He has opened charges against the President for failing to report the theft, in breach of the Ethics Code.

Ramaphosa addressed the media on Friday following his appearance in the National Assembly where he said he is following the process outlined by the ANC at its 54th Congress.

When asked if he would follow the step aside rule he said he will wait for the police investigations to be carried out first.

He said he has also made himself available to the ANC Integrity Committee to discuss the theft. He is awaiting a date to appear before the committee.

“If I step aside, it will be confirming that I am guilty,” said Ramaphosa.

When asked about Fraser opening a case against him, Ramaphosa said Fraser has a right to report criminality if he saw fit, as it is the right of any South African citizen to do so.

On the suspension of the Public Protector Advocate Busisiwe Mkhwebane he said the matter was already on the table as early as March.

He dismissed the argument that Mkhwebane was suspended because the farm theft matter was referred to her office by the African Transformation Movement.

Ramaphosa explained that he had given the Public Protector more than 10 days to outline why she should not be suspended.

He reiterated that the work of the Public Protector will be taken over by her deputy and will not be affected.

ECONOMY

The President said he is looking forward to BRICS discussions on South Africa having a Covid-19 vaccination centre and discussions on strengthening trade.

BRICS involves five major emerging economies Brazil, Russia, India, China and South Africa.

The meeting will also receive a briefing from Russian President Vladimir Putin who is currently invading Ukraine.

On the issue of Comair liquidation he said it has to do with the limited resources that government has and the ability to be able to support the companies broadly.

He said it is always not good thing for companies to collapse and that government must look at all industries microscopically to understand the challenges and the needs of the sectors.

Public Protector Busisiwe Mkhwebane said on Friday she would challenge her “suspicious and legally questionable suspension” by President Cyril Ramaphosa as she faced another legal blow following Friday’s High Court judgment that found against her.

Mkhwebane tried to interdict National Assembly Speaker Nosiviwe Mapisa-Nqakula, and the Section 194 Committee from taking any further steps in the impeachment process against her. She also tried to interdict Ramaphosa from suspending her.

Ramaphosa announced his decision to suspend Mkhwebane on Thursday evening, before the High Court judgment was handed down.

The Public Protector said she would challenge Ramaphosa’s decision to suspend her, claiming it was done in contempt of court.

“I will also challenge suspicious and legally questionable suspension decision made yesterday, more particularly in so far as it was done in apparent contempt of court, in breach of undertakings made to me by the President via his lawyers and by a President who is now even more conflicted given the more recent Glencore and Phala Phala complaints/investigations,” Mkhwebane said in a statement.

Meanwhile, Parliament said on Friday it agreed with the High Court judgment

The Court dismissed the application for urgent interim relief, with a personal costs order against her.

“We agree with the court that held that the application fell overwhelmingly short of the requirements of interdictory relief because she has not shown even a prima facie right that should prevent the Committee from continuing with the impeachment process. Further, any interdict would cause inordinate delays, the court reasoned, which would cause serious prejudice against the separation of powers and the public interest,” said Parliament spokesperson Moloto Mothapo.

This comes after the Constitutional Court held that Parliament may proceed with the enquiry into Mkhwebane’s fitness to hold office, provided it made provision for the Public Protector’s legal practitioner or other expert assisting her to participate in the Committee.

Mkhwebane said she remained hopeful and optimistic that one day justice will be done and that the truth will come out.

“There will indeed be much needed accountability by all those entrusted with very serious Constitutional powers including the President, Speaker the judiciary and the Public Protector,” she said.

Disputing Finance Minister Enoch Godongwana's comments that there were no applications for access to flood relief funds and resources, eThekwini Deputy Mayor Philani Mavundla said the national government was playing games.

Mavundla said on Thursday, "We submitted an application and that application was directed to [the] KZN government, which then submitted it to national government, and there is an acknowledgement of that."

eThekwini was hit the hardest by recent flooding in the province, with about 350 people dead, many people missing and billions in infrastructure damage.

Godongwana told the Joint Ad Hoc Committee on Flood Disaster Relief on Wednesday that there was R1-billion available for relief after the floods in KwaZulu-Natal and the Eastern Cape in April, but that the money had still not been accessed.

The money is in the form of grants and there are specific conditions attached to it.

Various national departments need to request the money from National Treasury.

Committee co-chairperson, China Dodovu, said it was "unacceptable" that departments did not coordinate at a national level.

But Mavundla said the national government was playing blame games while people were still suffering.

"There is a blame game, which is unfortunately wrong, because they have every bit of information we have submitted to Treasury, human settlements, as well as national cooperative governance and traditional affairs (Cogta). We also have meetings that have been recorded and we have been told there is an outstanding document. I learnt about this (Godongwana's claim) two days ago while reading the news. Even the chair of the ad hoc committee for floods was surprised. I am here to say we have submitted, and I have proof," he said.

Mavundla added that he was disappointed in the national government and the finance minister.

"We can go on record to say we are disturbed and disappointed in the way the SA government is dealing with the people of KZN and eThekwini, in particular.

"If the finance minister turns around and says South Africans, we cannot fill in application forms being a metro with an estimated four-million people, it means we are the wrong people to be in power. That is what it is telling you."

He spoke about the relief work the City did.

"As a municipality, we have already started repairs, providing the people of Tongaat with water. We have been doing work in Durban South out of the money allocated for other activities in the city.

"National government is busy playing the games. We feel we must be told what we are getting or not getting. We just passed a City budget and reprioritised where we are supposed to. People are still languishing in halls and it is clear that national government does not care."

Police are on high alert nationally amid threats of a national shutdown on Friday, and a spokesperson says law enforcement officers have been deployed to "prevent and combat any forms of criminality".

In a statement, the police said they were aware of "unsigned messages and posters circulating on various social media platforms calling for a national shutdown".

"Those behind these messages are warned and reminded that prohibiting people's freedom of movement is a criminal offence. Members of the public are therefore cautioned against spreading such messages that seek to mobilise communities to respond to the shutdown," National police spokesperson Colonel Athlenda Mathe said.

Mathe said the National Joint Operational and Intelligence Structure (NatJoints) met on Wednesday for a briefing by the Intelligence Coordinating Committee on the credibility of the calls for a national shutdown.

"The intelligence community is closely monitoring the situation and the associated risks. With this said, law enforcement officers have been deployed and are on high alert to prevent and combat any forms of criminality," said Mathe.

The protests are reportedly linked to the recent spike in fuel prices and associated increases in taxi fares.

Petrol prices increased by R2.43 per litre last week. The cost of diesel climbed by more than R1 a litre.

The shutdown also sparked calls for school closures, but Department of Basic Education spokesperson Elijah Mhlanga said the department would proceed with normal schooling on Friday.

He said the department was aware of the reports of a shutdown.

"We trust that the law enforcement agencies will do their work to manage the situation," he said.

Meanwhile, two taxi associations – the South African National Taxi Council (Santaco) and the National Taxi Alliance – have been linked to the national protest action. However, both associations have distanced themselves from the shutdown rumours.

Santaco chief strategic manager Bafana Magagula was not available for comment at the time of publication.

However, the organisation said on social media that it would not be part of any mass action on Friday.

"Santaco has never lobbied any organisation for a national shutdown and is not even planning any shutdown. We still, however, hold the strongest view that there's an urgent intervention needed from [government], and this despite looming taxi fare increases," the organisation said in a tweet.

National Taxi Alliance spokesperson Theo Malele said the organisation would not participate in any protest action.

"We first want to ensure that we've exhausted all avenues of dialogue with the government. Only if that fails will we look at forging ahead with like-minded businesses and civil society groups to plan a national shutdown. We don't know who is planning Friday's shutdown," Malele added.

Malele said the organisation was forced to consider an increase in taxi fares due to rising fuel costs, and this was likely to be made public within the next three weeks.

"It's most unfortunate but we now finally have to increase fares. We've been forced to increase fares by circumstances beyond us. Some members of the industry are losing their cars because they can't meet their financial obligations, directly because of pressures of fuel prices skyrocketing," he added.

In a statement, the KwaZulu-Natal Department of Transport welcomed the decision by the taxi industry not to participate in the shutdown.

The department said the taxi industry had agreed on an urgent engagement with the government to find measures to mitigate the impact of ongoing petrol price hikes on their operations.

The meeting is expected to take place on Friday.

Labour union Cosatu was also linked to the protest but said it had no plans to embark on any mass action.

"Cosatu would need to engage affiliates for a mandate. Affiliates would have to engage members and workers to receive a mandate. Workers would need to be balloted. A Section 77 certificate would need to be a...

Minister in the Presidency Mondli Gungubele said on Thursday there is no guarantee that Atul and Rajesh Gupta will be brought to South Africa following their arrest in the United Arab Emirates (UAE).

Gungubele briefed the media on the outcomes of Wednesday’s Cabinet meeting.

“I wouldn’t say there is a guarantee because that is not a simple process by the way,” he said.

Gungubele explained while negotiations between the UAE and South Africa were under way, until they were concluded, the South African government did not know whether the Gupta brothers would be extradited to face charges.

The brothers fled South Africa to Dubai following Jacob Zuma’s recall as President in 2018. The government has said at least R500-billion was stolen during Zuma’s nine-year presidency.

The kingpins behind State capture during Zuma’s Presidency were arrested as a result of an Interpol Red Notice issued at the request of the South African government earlier this year.

“I will be surprised, taking into account the principles and the code of the Interpol Red Notice, because Interpol is to make sure that countries work together in dealing with crime, I will be surprised if it does not lead to [the Gupta brother’s] coming to South Africa. I will also be surprised if they are not arrested on the basis of exactly what they did in South Africa,” said Gungubele.

RAMAPHOSA’S FARM THEFT

Gungubele said Cabinet had given the go-ahead to law enforcement agencies to investigate the theft of an alleged $4-million from President Cyril Ramaphosa’s Limpopo farm.

Former spy boss Arthur Fraser has laid criminal charges against Ramaphosa for allegedly contravening the Prevention of Organised Crime Act for failing to report the theft in 2020.

Fraser alleged that $4-million was stolen and that the thieves were kidnapped, interrogated and paid to stay silent about the ordeal.

Gungubele said Cabinet would deal with the matter when there was clarity on the outcomes.

“We were briefed because already the matter of the robbery in the President’s precinct is under the law enforcement agencies, they are actually investigating the matter. Financial institutions are investigating the matter and the approach is that let’s leave it to all those institutions until we are clarified what the outcome is going be, then we can actually cross that bridge when we reach it,” said Gungubele.

Economic Freedom Fighters leader Julius Malema has called on Ramaphosa to take a leave of absence and step aside as per the rules of the African National Congress, to allow for investigations into the matter.

Public Protector Busisiwe Mkhwebane has started a probe into whether Ramaphosa violated the Executive Members Ethics Act after a complaint was laid against him by African Transformation Movement leader Vuyolwethu Zungula for allegedly breaching the code by not reporting the robbery.

The R1-billion flood relief government has available to provide relief after April's floods in KwaZulu-Natal and the Eastern Cape still haven't been accessed, Finance Minister Enoch Godongwana told the Joint Ad Hoc Committee on Flood Disaster Relief on Wednesday.

National Treasury hasn't received any requests to access these funds.

The money is in the form of grants, with specific conditions attached. The national departments needs to request the money from National Treasury.

Committee co-chairperson China Dodovu said it is "very unacceptable" that departments have not coordinated at national level.

Inkatha Freedom Party MP Mkhuleko Hlengwa said it appears National Treasury isn't accepting any responsibility.

"Unfortunately, Mr Hlengwa, I refuse to take any responsibility if people can't submit anything, a document, to us. And we can't accept any responsibility. We can't just dish out money without a document," Godongwana responded.

On Wednesday, Deputy President David Mabuza will answer questions about the disaster relief in the National Assembly.

South Africa’s government plans to file a request with the United Arab Emirates for the extradition of two fugitive businessmen wanted on charges of money laundering and fraud within two months.

Cooperation between the authorities on returning Rajesh and Atul Gupta to South Africa is “proceeding well,” Ministry of Justice spokesperson Chrispin Phiri said by phone from Pretoria, the capital, on Wednesday.

In terms of a treaty signed between South Africa and the UAE in June 2021, South Africa has 60 days in which to lodge its extradition request and it “will be filed long before the 60 days are up,” he said.

The Dubai police announced the arrest of the two Gupta brothers on Tuesday. The men allegedly masterminded the looting of billions of dollars from South African state entities during former President Jacob Zuma’s nine-year rule.

Public Protector Advocate Busisiwe Mkhwebane’s office has confirmed that it has received a complaint in terms of the Executive Members’ Ethics Act (EMEA) against President Cyril Ramaphosa for allegedly breaching the Executive Code of Ethics.

Public Protector spokesperson Oupa Segalwe says the complaint from African Transformation Movement (ATM) leader Vuyo Zungula relates to Ramaphosa’s alleged conduct relating to allegations of criminal activities at one of his properties.

It has been widely reported that an alleged $4-million was stolen from Ramaphosa’s Limpopo farm in 2020 and that the thieves were kidnapped, interrogated and paid to stay silent about the ordeal.

While the Presidency confirmed that money from the sale of game was stolen, it denied any criminal wrongdoing on the part of the President.

The Public Protector’s office said the investigation has commenced with letters already written to sources of information, including Ramaphosa.

The ATM recently, unsuccessfully, attempted to force the Speaker of Parliament to hold a motion of no confidence in Ramaphosa.

Meanwhile, Segalwe explained that the Public Protector is the only institution that can enforce the Executive Code of Ethics.

The Public Protector’s office has 30 days to investigate the complaint and submit a report on the alleged breach of the Executive Code of Ethics. Usually this report would be sent to the President if the complaint was made against a Member of Cabinet, a Premier or a Deputy Minister.

“Due to the silence of the EMEA when it comes to the appropriate recipient of the report in case the complaint is against the President, the Public Protector has previously had to improvise and send it to the Speaker of the National Assembly,” said Segalwe.

The recipient of the report will then have 14 days to comment on the report or take any recommended action to the National Assembly.

Centre for Development and Enterprise (CDE) executive director Ann Bernstein explained on Tuesday that South Africa cannot afford a Basic Income Grant (BIG), as it would be a “reckless, losing gamble with history”.

She was speaking during the release of the CDE’s ‘Poverty and a Basic Income Grant: Six questions about a BIG’ report, which highlighted that, in contrast to what proponents of a BIG claim, it would actually slow economic growth.

“Poverty rates in South Africa are exceptionally high and it is possible that the incomes of over 60% of people fall below the poverty line. In this context, and with growing reports of child hunger, it is not surprising that people want to see much more spending on social grants,” she said.

Bernstein noted, however, that government’s finances were already unsustainable, and that a large and permanent new spending programme would worsen matters.

South Africa redistributes a greater share of gross domestic product (GDP) than other developing countries. As a share of GDP, cash transfers are three times larger than the average for the developing world.

While cash transfers to poor households would increase their spending, the higher taxes or increased borrowing needed to finance a BIG would slow the economy and worsen economic sustainability, the report explained.

“Slower growth and increased borrowing would increase the debt ratio. Since 2008, government’s debt has risen from about 26% of GDP to about 70% – a rise that is among the steepest in the world,” Bernstein said.

Further, she mentioned that there was no consensus about how much a BIG would cost. The Social Relief of Distress (SRD) grant costs about R44-billion a year, but proponents of a BIG want a much larger grant for which more people would be eligible, likely costing between R200-billion and R300-billion a year, Bernstein averred.

She said while some people thought that implementing a BIG was just a matter of raising taxes, she explained that higher taxes will slow growth and reduce employment.

She added that the slowdown in growth would make the rest of government’s spending even less affordable than it is and the consequences of that would be terrible for the poor.

The report noted that faster economic growth was essential for stabilising the country’s public finances, and would also make greater spending on social grants more affordable.

“But you can’t spend money as if growth has already accelerated. If you did that, you could tip the economy into fiscal or financial crisis, which would only make the prospects of the poor even worse,” she said.

She noted that there was no short-cut to prosperity and there were no magical solutions to unemployment and poverty.

The full report can be accessed here.