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Minister of Cooperative Governance and Traditional Affairs Dr Nkosazana Dlamini-Zuma on Wednesday gazetted the extension of the National State of Disaster on Covid-19 until November 15.

Last month it was extended until October 15.

The government first declared a National State of Disaster on March 15, 2020 in response to the coronavirus pandemic.

Dlaminin-Zuma explained that the latest extension follows consultations with stakeholders and approval by Cabinet.

“The extension takes into account the need to continue observing all non-pharmaceutical interventions against Covid-19 and increasing vaccinations as part of contingency measures being undertaken to mitigate its impact,” she added.

Last month, President Cyril Ramaphosa said South Africa will need to meet certain requirements before the country’s state of disaster regulations can be lifted, including whether appropriate Covid-19 prevention regulations are in place in each sector outside of the Disaster Management Act or if the Covid-19 pandemic ends.

Dlamini-Zuma stressed that government was trying to save lives and was committed to ensuring that more people got vaccinated to ensure the opening of the economy.

The answers to land expropriation is contained in the Constitution, according to Professor Thuli Madonsela.

She describes the supreme law of the land as a "Christmas gift – there is just so much inside it".

"The reason we haven't moved forward on land is not because of the Constitution, it is despite the Constitution," she said.

Madonsela was responding to a question, which criticised whether the Constitution dealt with restitution and its benefactors, at the Social Justice Summit on Tuesday.

"Politicians failed to change the existing land system. But you are raising an important question - when you protect rights, it's true that the key beneficiaries of rights are people who already have the rights, already have the benefits. Because for them, what happens is then rights are violated when the state acts," Madonsela continued.

"But if nobody does anything, your rights are fine .. But, in a country like ours, where we had a monopoly game, where people were excluded, it is different from [other countries' situations].

"We're talking about people who were kicked out of the game for quite some time, while the game proceeded. And the game has not been reset.

So when you say everyone's rights are protected, there's a very difficult space we have to negotiate around how do we redistribute. That you can't do by law. You need to engage with people's hearts, so that people can understand why.

In September, the ad hoc committee on Section 25 adopted a bill to amend the Constitution to allow expropriation without compensation, with only African National Congress (ANC) MPs voting in its favour, News24 previously reported.

The bill will be considered by the National Assembly for adoption after the municipal elections.

It is considered unlikely that the ANC would muster the required two-thirds majority to pass it - the Democratic Alliance has been opposed to the amendment since the inception of the process, and the Economic Freedom Fighters made it clear they would not support an amendment that did not place all land in state custody.

Madonsela said it was not true the Constitution didn't "recognise the unjust past".

"The Constitution is like a Christmas gift - there's just is so much inside it. And a lot of people just look at the top, and then they throw it away because they don't find the gift that they want. A lot of these gifts are wrapped; you've got to open it and unwrap it. So I do think that it does have provisions, even the land question, Section 25. It has the answers there."

The summit - arranged by Madonsela, who is the Law Trust Chair in Social Justice at the Law Faculty of Stellenbosch University -comprised two days of deliberations on the topic.

Delegates from around the world gathered for the discussion, under the auspices of the Musa Plan for Social Justice, or Social Justice M-Plan, which was adopted by a multi-stakeholder summit in 2019.

Convened by the former Public Protector and the Council of Social Justice Champions, it aimed to review progress achieved in the implementation of the Social Justice M-Plan broadly, while specifically focusing on fostering economic parity.

Madonsela maintained that social justice wasn't "the core of the rule of law".

"Nobody should be above the law. Everyone should be equally protected by the law, and equal protection of the law does not mean undifferentiated treatment," she said.

She used the example a friend, who was in China in the 1980s, who went in search of underwear, where "all of the shops were saying one size fits all".

"She couldn't find underwear. That's what is called formal equality. Our Constitution entrenches. substantive equality. There are two components of substantive equality that we must take with us: it is the duty to embrace difference and the duty to redress disadvantage.

"Equality is same treatment when required."

Quoting a Constitutional Court judgment, she said: "Inequality is about treatment with equal consideration."

You treat me the same way as you treat so...

The International Monetary Fund (IMF) has upwardly revised South Africa's growth outlook from 4% to 5%.

The multilateral institution on Tuesday released its World Economic Outlook report for October 2021.

Economic counsellor and director of research at the IMF, Gita Gopinath, noted that global recovery is continuing but its momentum has weakened - largely due to the pandemic and the rise of the Delta variant, which is delaying the return to normalcy.

"Pandemic outbreaks in critical links of global supply chains have resulted in longer-than-expected supply disruptions, further feeding inflation in many countries. Overall, risks to economic prospects have increased, and policy trade-offs have become more complex," Gopinath said.

The outlook for low-income developing countries has also worsened due to the pandemic, and advanced economy groups will also be feeling the impact of supply chain disruptions.

However, the outlook for some commodity producers has been upgraded - mainly due to higher commodity prices.

South Africa's economic recovery particularly has been helped by the commodities boom. The SA Reserve Bank at its September Monetary Policy Committee meeting recently upwardly revised the growth outlook from 4.2% and 5.3%.

But the bank has also warned that South Africa cannot solely rely on the commodities cycle for its recovery - especially if there is a correction in commodity prices. The Reserve Bank in its Monetary Policy Review, released earlier this month, highlighted the importance of South Africa diversifying its sources of recovery. It also noted that the rise in commodity prices is starting to slow.

The IMF has upwardly revised its growth outlook for sub-Saharan Africa from 3.4% to 3.7%.

It noted that global recovery in the labour market still lags that of output recovery. The recovery path for output levels also differs across advanced and emerging market economies. For example, advanced economies can regain their pre-pandemic trend path in 2022, but emerging markets and developing economies - excluding China - will continue to lag into 2024.

The difference in recoveries is also linked to the disparities in vaccine access, and policy support, Gopinath said.

"While almost 60% of the population in advanced economies are fully vaccinated and some are now receiving booster shots, about 96% of the population in low-income countries remain unvaccinated," said Gopinath.

The IMF said it is a priority to have adequate numbers of people vaccinated. This means the Group of Seven and Group of 20 countries must fulfil their dose donation pledges, prioritise deliveries to the COVAX facility - for equitable Covid-19 vaccine access - in the short term and remove trade restrictions on the flow of vaccines and inputs.

Vaccine manufacturers and high-income countries should also support the expansion of regional production for Covid-19 vaccines in developing countries - through financing and technology transfer solutions.

"If Covid-19 were to have a prolonged impact into the medium term, it could reduce global GDP by a cumulative $5.3-trillion over the next five years relative to our current projection," said Gopinath. She stressed that the global community must "step up" efforts for equitable vaccine access for every country.

Public Protector Busisiwe Mkhwebane has hit back at allegations of factionalism related to the timing of the release of her report on allegedly siphoned funds that were meant for transport to Winnie Madikizela-Mandela's memorial service.

The Eastern Cape provincial executive committee (PEC) of the African National Congress (ANC) met on Monday to discuss the report.

In a statement, it alleged that Mkhwebane timed the report to coincide with the elections, which are scheduled for 1 November.

"It is unfortunate that the report of the Public Protector (PP) is released on the verge of the local government elections when it was finalised two months back. This stance and timing regrettably weaponised the belief that the PP is a party to intra-party and external factionalism," the PEC said.

The Public Protector found that Eastern Cape Premier Oscar Mabuyane and Public Works MEC Babalo Madikizela unduly benefitted from funds that were intended for the memorial service.

Mabuyane allegedly benefitted from R450 000 which was used to pay for upgrades to his East London home. Madikizela allegedly received R350 000. The ANC in the province was said to have been paid R288 000.

The roughly R1.1-million was transferred from the Eastern Cape government to the Mbizana Local Municipality. It was intended to help fund transport for the public to the memorial service.

Mkhwebane's office said the allegations were far from the truth.

It countered that Madikizela and Mbizana Municipal Manager Luvuyo Mahlaka were the ones who asked for extensions in response to notices issued in June and July.

The Public Protector's office then compiled the report and investigated certain aspects of the matter.

Mkhwebane's office said, "The report was released along with seven others at the office's most recent end-of-quarter media briefing. The office does not stop exercising its powers or performing its functions merely because an election is approaching."

It said: "That would be at odds with the Section 181(2) of the Constitution, which provides that the office is independent, and subject only to the Constitution and the law, and that it must be impartial and must exercise its powers and perform its functions without fear, favour or prejudice."

The Public Protector's office added that the Eastern Cape ANC should concern its self with the contents of the report - firstly on whether public funds were siphoned to Mabuyane, Madikizela and the ANC and secondly, on the criminal questions that arise from the funds being transferred to unintended beneficiaries.

"The office of the Public Protector stands by its report. The office has also taken note of intentions by some of the parties to obtain an order suspending the implementation of the remedial action, pending the judicial review of the report. The office looks forward to a speedy review process to pave the way for full accountability," the Public Protector's office said.

Law trust chair in social justice and law professor at Stellenbosch University Professor Thuli Madonsela on Monday gave a keynote address at the third annual Social Justice Summit and International Conference, where she criticised policy makers and stated that Social Justice is about fairness to all.

She questioned why it was difficult for South African policy makers to extend the same privileges enjoyed under apartheid to every person in Africa and more specifically, South Africa.

“I just want to look at South African policy makers and say in 2004 you were bold enough to give yourselves pensions. In parliament you passed the law to give yourselves additional money at our expense for pensions so that you would achieve parity between yourselves and those who were in parliament before apartheid,” Madonsela said.

She questioned why broad-based black economic empowerment (BEE) has been given priority over the Equality Act, adding that BEE has mostly benefited politicians and their families.

ACHIEVING EQUALITY

Madonsela stated that in achieving equality, the Stellenbosch University has created a team of data scientists, mathematical scientists, lawyers and statisticians including the former Statistician General, to use disaggregated data to predict how any policy being planned is going to impact on different groups in society.

“Here at Stellenbosch University we have decided that it’s not for us to criticise. Why don’t we borrow these tools from design thinking and help work with government,” she said.

Madonsela said the university believes that there is a social justice duty, and that all States have a legal duty to advance social justice.

“This duty comes from the universal declaration and human rights because it promises everyone all of those human rights and if everyone is going to enjoy these rights, they must be met where they are,” she explained.

She said the law should understand and respond to differences and respond to disadvantages.

Madonsela added that law has been seen as an instrument of social change.

“Without the law our country would not be governable. We would not have beautiful mountains because everybody would be building wherever they want,” she said.

Public Protector Busisiwe Mkhwebane isn’t happy about the Supreme Court of Appeal’s refusal to consider her challenge to the invalidation of her SARS "Rogue Unit" report – and is fighting for the court to reconsider that decision.

On Friday, Mkhwebane filed a 166-page application for reconsideration of the Appeal Court’s dismissal of her latest effort to defend her "Rogue Unit" report, which was roundly lambasted by a full bench of the Gauteng High Court in Pretoria in December last year.

High Court Judges Selby Baqwa, Annali Basson and Leonie Windell found that Mkhwebane’s conclusion that Pravin Gordhan had established an illegal unit at SARS was "without foundation, particularly as this conclusion is based on discredited reports and unsubstantiated facts".

The court also found that the report "fails at every point" and was "the product of a wholly irrational process, bereft of any sound legal or factual basis".

"The Public Protector’s bias against Mr Gordhan and [former deputy SARS commissioner Ivan] Pillay is manifest. Having regard to the manner in which the Public Protector simply dismissed out of hand and completely ignored and irrationally discarded hard facts and clear evidence, it is clear that she approached her investigation with a preconceived notion, determined to make adverse findings against Minister Gordhan and Mr Pillay, thereby promoting the false rogue unit narrative," said the judges.

The full bench ordered Mkhwebane to personally pay 15% of the legal costs of Gordhan’s legal challenge to that report, based on her "egregious" conduct during the case.

Mkhwebane has made it clear that she does not accept that ruling, but her efforts to overturn it were rejected by both the High and Appeal Courts.

Two judges of the Appeal Court last month dismissed Mkhwebane’s efforts to appeal the invalidation of the report, on the basis that it had "no reasonable prospect of success" and that there was no other reason why it should be heard.

The Public Protector has now appealed directly to Appeal Court President Mandisa Maya and argues that, should her "Rogue Unit" appeal not be heard, "the office of the Public Protector will suffer irreparable harm in that those who bear political power will always undermine the constitutional mandate of the office as well as the incumbent Public Protector".

Mkhwebane has again sought to revive her arguments that she was not only entitled to investigate the establishment of an intelligence unit at SARS in 2007, but that she also had a strong basis to find that it was unlawful – an argument that was dismissed by the High Court.

She also continues to insist that Gordhan should face jail time for "insulting" her and questioning her integrity and motives in pursuing the "Rogue Unit" investigation against him. While the full bench of the High Court did strike certain parts of the minister’s claims about Mkhwebane from his application, it did not find him guilty of criminal contempt – as she had argued it should.

'Inadvertently misled'

Finally, Mkhwebane wants the Appeal Court to reconsider the 15% personal costs issued against her by the High Court, which she has argued was part of a "tendency" by that court.

"This tendency points to a worrying trend and legitimate concerns of institutionalised judicial bias against the Public Protector particularly in the North Gauteng High Court," Mkhwebane’s lawyers have previously argued.

Her lawyers further argued that, although she may have made legal errors in her "Rogue Unit" report, "there are no valid grounds to make the findings of dishonesty, bias and or ulterior motives on the part of the Public Protector".

The Public Protector had also found, as part of her report, that Gordhan had violated the Executive Ethics Code by deliberately misleading the National Assembly in 2016, when he failed to remember that a member of the Gupta family may have present at a 2010 meeting he held with "a certain Mr Ambani".

When Gordhan argued that his memory had fa...

President Cyril Ramaphosa on Monday expressed his appreciation to outgoing Chief Justice Mogoeng Mogoeng for what he called a decade of outstanding service and leadership.

In a statement from the Presidency, Ramaphosa wished the retired Chief Justice well in his retirement and added that he left behind a rich legacy for the country’s democratic culture, judiciary, legal profession and ordinary South Africans.

“Today we pay tribute to Chief Justice Mogoeng for endowing South African jurisprudence and the democratic order more broadly with judicial integrity and resilience which has impacted positively on the lives of citizens and advanced accountability,” Ramaphosa said.

He added that Mogoeng’s leadership had inspired a judiciary that was fearless in holding those in power to account and empathetic to the plight of individuals and groups in society.

He said this had deepened international regard for South African jurisprudence, for the integrity, effectiveness and efficiency of democratic institutions, and for the separation of powers enshrined in the Constitution.

Ramaphosa noted: “Chief Justice Mogoeng presided over our judiciary during a decade which was challenging in many ways, but during which our judiciary held firm and enabled the renewal of our society.”

Health Minister Dr Joe Phaahla said on Friday the 0.67% reproductive rate of coronavirus infections indicated that South Africa is entering stable territory.

He noted that the third wave of the pandemic lasted longer than previous waves the country experienced.

“This third wave lasted for close to 110 days, indeed much longer than the previous waves. The first wave was somewhere in the region of 80 days and second wave around 90 days,” he explained.

He said the number of new infections had consistently been dropping in the last three weeks, with a 33% reduction in the last seven days.

There has also been a 19.3% decrease in hospitalisation in the last seven days, very welcoming news, he said, meaning that there is a potential for relief for the country’s health workers.

Phaahla added that even more encouraging was the fact that the country had also seen a serious decrease in reported deaths. In the last seven days there had been a 51% reduction in reported deaths.

The overall positivity rate has remained below 5% in the last seven to 14 days.

He said average positivity rates had also reduced in all provinces, however, he did raise concerns about the Northern Cape and Free State provinces.

Phaahla explained that even though the positivity rate had gone down in these two provinces, on a number of days it had remained above 5% and this included the reported data of Thursday, where both had a 5% positivity rate.

Meanwhile, he said it was because of these encouraging declines in infections and stability of the pandemic that President Cyril Ramaphosa was able to move the country to Alert Level 1.

As of Thursday, the country recorded 989 new infections compared with previous 20 000 daily infections.

Phaahla called on citizens to continue adhering to the restrictions, saying the virus was still very much a reality.

“There are still over 5 000 people in hospital with Covid infections, of whom 885 are in the ICU and 465 are on ventilators, so this is just a reminder to all of us that indeed this virus is still very strong, is still there notwithstanding the lowering of restrictions; we can only sustain the low levels of infections if we continue to observe the personal health and safety measures,” he said.

Eskom has refuted a statement issued by the African National Congress’s (ANC's) Greater Johannesburg Region branch over an apparent power-purchase agreement between the city and the state-owned power utility.

In Friday's statement, the ANC said Mayor Mpho Moerane had signed an agreement that will allow the city to take over power supply to areas such as Soweto, Orange Farm and Ivory Park.

However, Eskom spokesperson Sikonathi Mantshantsha dismissed the claim as "totally untrue".

The ANC said in the statement that those specific areas "have long been at the receiving end of unreliable electricity supply", and this this ultimately had "a negative impact on the delivery of services in the City of Johannesburg".

"The signed agreement ensures that the electricity bought in bulk from Eskom allows the city’s electricity distributor, City Power, safe and reliable distribution of electricity to the residents of Johannesburg," the ANC branch said.

Mantshantsha, however, explained that Eskom had merely signed a memorandum of understanding regarding the development of a business case for the possible transfer to the city.

"The municipality must still do the due [diligence] on their part to confirm that what we have proposed to them is acceptable. They are in the process of appointing transaction advisors to assist them in the development of the business case," Mantshantsha said.

He added that any possible transaction is years away - if it happens at all.

"There is debt that must be paid by the customers to Eskom, there is infrastructure COJ [City of Johannesburg] would have to buy from Eskom.

"There is infrastructure that still needs to be implemented by whoever distributes the electricity. On top of all of that, Treasury, DOE (Department of Energy), DMRE (Department of Mineral Resources and Energy), Nersa (National Energy Regulator of South Africa), Cogta (Cooperate Governance and Traditional Affairs) would all have to still approve," he said.

He concluded that by law, the public would need to have a say in the process.

The Department of Health (DoH) formally launched the first phase of the digital Covid-19 vaccination certificate on Friday, saying more improvements will be made in the coming months.

Vaccinated people will be able to enter their personal details on the system and generate their certificates, which will be used by various entities requiring to verify the certificate’s validity.

Health Minister Dr Joe Phaahla explained that the certificate system will be rolled out in phases with improvements being made to improve the safety and security of the certificate.

The certificate features a scannable QR code and can be used on a mobile device or can be printed.

The system, which produces a digital copy of the physical vaccine card, is linked to the vaccination code issued by the Electronic Vaccination Data System.

The digital certificate is expected to be a tool to enable vaccinated people to access many opportunities which various providers will be making available.

“Among others, we expect sports and recreation to open up more for vaccinated people, shops to provide discounts and others to give prizes. I have already seen some banks advertising prizes for people when they get vaccinated. Entertainment and music is also starting to open up,” he said.

The certificate was developed in a partnership with the DoH and the Council for Scientific and Industrial Research.

Phaahla said he is aware that over the last three days, during the testing phase of the certificate, many people were able to generate their certificates.

He also mentioned that the UK has taken South Africa off its red list for travel between citizens of both countries.

“I am quite sure that many people who have been waiting for business trips, to visit family and friends, go on study in the UK will now know that they can do so without having to do a 10-day quarantine when arriving in London and other UK destinations,” Phaahla added.

Phaahla called on citizens to get vaccinated before the possible fourth wave expected later this year.

Over 13.3-million people have now taken the vaccine.

Vaccine certificates can be accessed here:/