Category: Government Opinion Pieces

Gauteng Education MEC Matome Chiloane has expressed devastation at the death of a Grade 1 girl learner who passed away after allegedly consuming biscuits from a local spaza shop.

In an incident that took place on Tuesday, it is alleged that the learner from Mandlethu Primary School in Tsakane, Brakpan, began experiencing health complications in class just before break at 11am and started vomiting a few minutes later.

According to the Gauteng Department of Education (GDE), the learner’s parents were contacted immediately to come to the school, while emergency services were also alerted to provide the necessary medical assistance.

“Unfortunately, the learner was certified dead by paramedics upon arrival. According to information at our disposal, the parents confirmed that the child had consumed biscuits which were bought from a local spaza shop owned by foreign nationals,” the GDE said.

Police are investigating circumstances surrounding this incident, while the department’s Psycho-Social Support Unit has been deployed to provide trauma support and counselling to all affected individuals.

“We are deeply saddened by this unfortunate incident.

“We plead with parents to be vigilant concerning the edible goods that their children consume. We call upon law enforcement agencies and municipalities to be more stringent on compliance matters related to spaza shop products. Indeed, we wish to extend our sincerest condolences to the family and the school community at large,” MEC Chiloane said.

The Department of International Relations and Cooperation (Dirco) has assured that South Africa does not pose any danger to Nigerian citizens, as the two countries are set to face each other in the semi-final match of the Africa Cup of Nations (Afcon) tonight.

This assurance follows a safety advisory issued by the Nigerian High Commission in Pretoria on Tuesday, for its citizens residing in South Africa.

“The attention of the Nigerian High Commission Pretoria has been drawn to potentially inflammatory online comments made by a section of South African citizens against Nigeria living in the host country, largely influenced by the upcoming 2024 African Cup of Nations Bafana Bafana [semi-final] on Wednesday,” their statement read.

The commission has advised citizens to be cautious of where they watch the match, particularly in public places, and to avoid loud, riotous or provocative celebrations if Nigerians win the match, both before and after the game.

However, the Dirco has since described the commission’s advisory as “unfortunate”.

“The advisory is regrettable because it seems to create alarm and unnecessary tension between the citizens of South Africa and Nigerians living in or visiting South Africa,” the department said.

“The South African national soccer team, Bafana Bafana, has played against their Nigerian counterparts, the Super Eagles, on many occasions, and there has been no history of soccer hooliganism among South Africans associated with the outcome of such encounters.”

The department has since called on the diplomatic representatives to approach the department to address any concerns about diplomatic matters.

“We are confident that the sports-loving nation of South Africa poses no threat to Nigerian citizens, and we do not agree with the apprehension expressed by the High Commission.”

Meanwhile, Bafana Bafana is said to be confident ahead of the Afcon semi-final clash against the Super Eagles.

“Yes, we know and understand who we are up against. We know the might of this team and that their players play all over Europe. We also know that last time in an Afcon what the result was, but this time it’s different. It’s different players, a different team and a different Afcon. Anything is possible,” the Bafana Bafana coach, Hugo Broos, was quoted saying on Tuesday.

The South African Football Association (Safa), also cited captain and goalkeeper, Ronwen Williams, who was the man of the match in the quarter-final clash against Cape Verde.

Williams made history after saving four penalties out of the five penalties in a shootout – something that has never been achieved at the Africa Cup before.

“After seeing the players run for about 130 minutes non-stop, it was my turn to stand up and do my part. I’m happy it went our way but ultimately this is a team sport. I don’t like to take credit because they fought just as hard. So, reaching the semi-finals here means we did it together,” he said.

Kick off is at 19:00 this evening.

National Treasury has announced the publication of the 2023 Tax Acts that have been promulgated and give legislative effect to the tax proposals outlined by the Minister of Finance in his annual National Budget Speech last year.

The Rates and Monetary Amounts and Amendment of Revenue Laws Act, 2023, (Act No. 19 of 2023) (2023 Rates Act), Taxation Laws Amendment Act, 2023 (Act No 17 of 2023) (2023 TLAA) and Tax Administration Laws Amendment Act, 2023 (Act No. 18 of 2023) (2023 TALAA) were promulgated on 22 December 2023.

“The 2023 Rates Act gives effect to changes in rates and monetary thresholds and increases of the excise duties on alcohol and tobacco. The 2023 TLAA contains more complex, technical, anti-avoidance legislative changes. The 2023 TALAA deals with tax proposals that are technical and administrative in nature.

“A final Response Document on the 2023 Rates and Monetary Amounts and Amendment of Revenue Laws Bill (2023 Rates Bill), 2023 Taxation Laws Amendment Bill (2023 TLAB) and 2023 Tax Administration Laws Amendment Bill (2023 TALAB), as well as the Explanatory Memorandum to the 2023 TLAB (Explanatory Memorandum) and the Memorandum of Objects to the 2023 TALAB (Memorandum of Objects) are also published,” National Treasury said on Tuesday.

The final Response Document updates the Draft Response Document to consider submissions and decisions made following further inputs made by stakeholders, the Standing Committee on Finance and the Select Committee on Finance during public hearings regarding the 2023 Draft Rates Bill, 2023 Draft TLAB and 2023 Draft TALAB.

The 2023 Rates Act, 2023 TLAA, 2023 TALAA, final Response Document, Explanatory Memorandum and Memorandum of Objects can be found on the National Treasury (www.treasury.gov.za) and SARS (www.sars.gov.za) websites.

President Cyril Ramaphosa has agreed to extend South African Revenue Service (SARS) Commissioner Edward Kieswetter’s tenure beyond the end of his term at the revenue collector.

The Commissioner’s contract of employment was set to end on 30 April, where after a new Commissioner would be appointed.

“President Cyril Ramaphosa and the South African Revenue Service (SARS) Commissioner Edward Kieswetter have agreed to extend the tenure of the Commissioner beyond the end of his term to enable an orderly transition in the organisation,” the Presidency said in a statement.

In March 2019, President Ramaphosa appointed Kieswetter, in terms of Section 6 of the South African Revenue Service Act, for a five-year term that started on 1 May 2019.

The decision was informed by the recommendation to the President from the Minister of Finance that the recommended candidate of the independent selection panel be appointed.

The process for the appointment of the SARS Commissioner is informed by the South African Revenue Service Act and was guided by the recommendations of the Commission of Inquiry into Tax Administration and Governance by SARS chaired by retired Judge Robert Nugent.

Higher Education, Science and Innovation Minister, Dr Blade Nzimande, has approved the proposed 2024 National Student Financial Aid Scheme (NSFAS) eligibility criteria and conditions for financial aid.

In terms of Section 4 of the NSFAS Act, the first and second functions of NSFAS are to “allocate funds for loans and bursaries to eligible students” and to “develop criteria and conditions for the granting of loans and bursaries to eligible students, in consultation with the Minister”.

Nzimande said the approved 2024 Eligibility Criteria and Conditions apply to students at public universities and Technical and Vocational Education and Training (TVET) colleges.

“The approved 2024 Eligibility Criteria and Conditions make slight amendments to the 2023 NSFAS Financial Aid Eligibility Policy but maintain the principles of the 2023 NSFAS Board policy positions.

“The changes recommended by the NSFAS Board were proposed in consideration of, among others, the differences between TVET college and university student bursary packages,” Nzimande said in a statement on Tuesday.

The policy changes for the 2024 academic year, are as follows:

• University managed self-catering and private off-campus accredited accommodation will be capped at R50 000 in metro areas and R41 000 in all other areas per academic year, while university managed and catered accommodation are capped at R66 500 in metros and R57 500 in other areas, per beneficiary.
• TVET college managed and leased self- catered accommodation and private off-campus accredited accommodation will be capped at R50 000 in metros and R41 000 in other areas, whilst TVET college-owned catered residence will be capped at R60 000 in metros and R51 000 in other areas, per beneficiary.
• In 2024, the living allowance will be R10 000 for TVETs and R16 500 for universities per annum (distributed monthly), per beneficiary.

Nzimande noted this is aimed at progressively but decisively closing the gap between TVET College and university students.

Conditions on policy changes

The conditions on policy changes include that students who change institution types (shift from TVET college to university or vice versa) must re-apply for funding.

Students who de-register or drop out during an academic term and wish to resume their studies in future academic terms, must re-apply.

A student that no longer complies with the university N+Rule or TVET college N+Rule may not be funded. The university N+ Rule is based on the number of years a student is registered in the higher education sector.

The TVET college N+ Rule is based on NSFAS funded academic terms at TVET Colleges.

“The additional NSFAS funded academic term may be for repeating at any level from the entry academic term to exit the academic term.”

The policy notes that the N+ Rule does not apply to occupational programmes as “these programmes are aligned to employment contracts which do not make provision for the N+1 period of study.”

Financial aid received cannot be used to settle historic debt unless it is specified as such.

University academic eligibility criteria

The policy states that the academic progression criteria will be measured by the percentage of course credits that a student achieves in the academic year. Institutions and NSFAS will progressively align academic progression criteria requirements.

As of 2024, continuing and First Time Entering Students (FTEN) university students must achieve a credit pass rate of 50%.

Continuing and FTEN university students must achieve a course credit pass rate of 60% for the end of the 2024 academic year to succeed academically for the 2025 funding year.

TVET academic eligibility criteria

A bursary may only be awarded to students progressing to the next NC (V) level if they passed at least five subjects in the previous NC (V) level.

A bursary may only be awarded to students progressing to the next Report 191 level if they passed a minimum of three subjects in the previous N-Level.

Academic progression criteria requirements for continuing students studying occupational programmes will be determined by TVET colleges, and the results shared with NSFAS.

Students with disabilities

In the event that the human support is in the form of a carer, the carer may be anyone selected by the student living with a disability and approved by the institution, provided that all supporting documents are ratified by NSFAS prior to funding being approved.

In terms of responsibility added on NSFAS, the 2024 policy states the scheme must comply with National Treasury and the Public Finance Management Act (PFMA) requirements.

“As such, all NSFAS funding decisions and payments are subject to these requirements and restrictions.”

Out of the 40 522 beds registered on the National Student Financial Aid Scheme (NSFAS) platforms at Technical Vocational Education and Training (TVET) colleges, 32 272 have been accredited and are available for registered NSFAS-funded students.

NSFAS Acting Board Chairperson, Professor Laurens Van Staden, said about 8 250 registered beds on NSFAS platforms in TVET colleges are in the process of being accredited.

“For universities, out of the total of 72 241 beds registered, 43 581 have been accredited and are available for registered NSFAS-funded students, and about 28 420 are in the process of being accredited,” Van Staden said.

NSFAS is piloting the accreditation of private student accommodation in 17 universities and 23 TVET colleges for the 2024 academic year.

Through the pilot programme, NSFAS aims to ensure that student accommodation service providers provide accommodation that is accessible, decent, safe and academically conducive for all students.

The purpose of the student accommodation programme is to assign students to available accommodation; accredit accommodation providers; pay accommodation fees to accommodation providers through secured platforms, and grade accommodation to create a standard, among others.

From 18 January 2024, NSFAS provided access to a portal for all institutions to view the available beds.

The NSFAS board, led by Van Staden, met with the South African Union of Students (SAUS) Executive, led by President Yandisa Ndzoyiya on Thursday to discuss the entity’s state of readiness for the beginning of the academic year.

“All institutions have been provided with access to the NSFAS accommodation portal in order to view the available beds. Institutions must note that accrediting agents are continuing with the process of accreditation and the list will be updated daily,” said Van Staden.

Parliament’s Portfolio Committee on Justice and Correctional Services is calling for applications and nominations for the position of Deputy Public Protector (DPP).

This after the former incumbent, Advocate Kholeka Gcaleka, was appointed to the post of Public Protector in November 2023.

The requirements for the person who will take up the mantle are as follows:

• Is admitted as an advocate or an attorney and has, for a cumulative period of at least 10 years after having been so admitted, practiced as an advocate or an attorney; or
• Is qualified to be admitted as an advocate or an attorney and has, for a cumulative period of at least 10 years after having so qualified, lectured in law at a university; or
• Has specialised knowledge of or experience in, for a cumulative period of at least 10 years, the administration of justice, public administration or public finance; or
• Has, for a cumulative period of at least 10 years, been a member of Parliament; or
• Has acquired any combination of experience mentioned in paragraphs (a) to (d), for a cumulative period of at least 10 years.

The committee said: “The DPP is appointed by the President on the recommendation of the National Assembly for such a period as the President may determine at the time of such appointment, but not exceeding seven years. The DPP may at the end of his or her term be reappointed for one additional term.”

The nominations or applications must contain a CV providing the nominee or applicant’s:

• Full name, ID number and gender;
• Contact details, including physical address, telephone/cell phone number and email address;
• Relevant previous work experience (including relevant dates and organisations concerned); and
• Academic qualifications.

The committee explained that when nominating a candidate, the nomination must include “the full name, address/email address and contact details of the person or organisation making the nomination and a signed acceptance of the nomination by the nominee”.

“[A] list of all the nominations/applications received will be published in order to allow members of the public to comment on the suitability of candidates. The shortlisted candidates will be subjected to a screening process,” the committee said.

Nominations or applications can be sent to: Vhonani Ramaano at Dppvacancy@parliament.gov.za by 4pm on 16 February while further enquiries can be addressed to Ramaano on 083 709 8427.

The Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour has invited stakeholders and interested parties to make written submissions on the National Small Enterprise Amendment Bill [B16B – 2023] (sec 76).

The Bill seeks to amend the National Small Enterprise Act, 1996, in order to amend, delete, insert and to substitute certain definitions.

It also aims to provide for the report of the Advisory Body; provide for the establishment of the Small Enterprise Development Finance Agency and provide for the functions of the Agency; to ensure the provision of financial and non-financial support services to small enterprises, and promote the development of sustainable and responsible co-operative banking.

The Bill further seeks to provide for the establishment of the Office of the Small Enterprise Ombud Service; enable an equitable trading environment for small enterprises through the provision of affordable and effective access to justice; empower the Minister to declare certain practices in relation to small enterprises to be prohibited as unfair trading practices, and to provide for the transitional arrangements necessitated by the establishment of the Agency.

The Bill also seeks to effect consequential or necessary amendments to the Co-operative Banks Act, 2007, and to the Co-operatives Act, 2005 and provide for matters connected therewith.

“Interested individuals and stakeholders wishing to comment are kindly requested to forward written submissions to the Committee by no later than 12:00pm on Friday, 16 February 2024.

“Those who want to make submissions at public hearings should specifically request this, but it should be noted that the granting of such requests for oral submission resides with the Committee,” Parliament said.

Copies of the Bill are available at www.parliament.gov.za and all correspondence can be addressed to Mr M Rayi, Chairperson: SC on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour.

Submissions should be forwarded to the following email addresses: mkoff@parliament.gov.za and ndinizulu@parliament.gov.za.

The South African Human Rights Commission (SAHRC) has released its report into the July 2021 unrest that unfolded in Gauteng and KwaZulu-Natal (KZN), during which some 350 people lost their lives.

The violence and destruction also caused damage to infrastructure and businesses costing South Africa’s economy some R50 billion, with a further two million jobs being lost or affected.

Speaking at the release of the report, SAHRC Commissioner Philile Ntuli said the commission found that myriad factors contributed to the outbreak of destruction and violence during the riots.

“The violence and destruction were symptomatic of unresolved systemic conditions, including post-COVID-19 economic recovery, high unemployment, lawlessness, discrimination, socio-economic divides, and issues within the security sector.

“The Commission concluded that organised groups and individuals opportunistically exploited these conditions to attempt to usurp the rule of law,” Ntuli said.

The Commission’s work focused on four issues namely:

• The social, economic, spatial, and political factors prevalent in the various affected areas, and the extent to which these played a role in the unrest.
• The causes of the alleged racially motivated attacks and killings in the country.
• The causes of the apparent lapses in law enforcement by State Security agencies, particularly in the South African Police Service, and the role of private security companies in the unrest.
• The causes of the July unrest, with particular focus on Gauteng and KwaZulu-Natal.

The SAHRC made a series of findings on and recommendations for each issue – including on the South African Police Service and the country’s intelligence services.

The full report can be obtained at https://www.sahrc.org.za/home/21/files/JULY%20UNREST%20REPORT%20FINAL_29%20JAN%202024.pdf.

Ntuli described the unrest as a well-orchestrated and a “violent culmination of deep-rooted political and social challenges” that South Africa had been facing.

“The unrest was largely attributed to typologies of organisation and orchestration of public discord, crime and protest.

“Evidence indicated that the acts during the unrest were well-orchestrated, including the blocking of the N3, destruction of factories and warehouses, attack on government communication facilities, and bombing and theft of ATMs. These events were interconnected and required significant resources.

“Two types of actors were identified during the unrest: primary actors, who led and executed widespread destruction, and secondary actors, who participated in theft. The timing of the events coincided with the incarceration of former President Jacob Zuma, leading to a perception that the two were related,” Ntuli said.

Ntuli said while evidence suggests that the unrest was well orchestrated, the Commission “did not receive clear evidence identifying specific groups or individuals as primary actors, while… the common purpose or intention behind the unrest remained unclear”.

In her concluding remarks, Ntuli said the July 2021 unrest must be a “marker and a lesson” as South Africa continues its journey “from our colonial past”.

“Building a united, inclusive, safe and prosperous South Africa requires confronting the past, acknowledging present challenges, and working together for positive change. The unrest was a wake-up call, nudging us all to the reality of the fragility of the peace and security that some enjoy.

“It was a reminder that the process of democracy and constitutionalism has to benefit all, if it is to be sustained. It was a confrontation with the reality that the Bill of Rights must be realised for all, and particularly for those of whom the same rights were deprived by the colonial and apartheid governments,” she said.

The Electoral Commission (IEC) will on Wednesday host a media briefing to unveil plans for the second national voter registration weekend scheduled for 3 and 4 February 2024.

The second national voter registration weekend is part of the Electoral Commission’s effort to ensure that South Africans, who were unable to register to vote during the first registration drive in November 2023, have another opportunity to do so.

Existing voters will also use the opportunity to update and/or change their details before the voters’ roll is closed for the 2024 General Elections.

During the briefing, the Electoral Commission will shed light on its countrywide rollout plan ahead of the voter registration weekend.

Last week, the IEC announced that South Africans living abroad were given the opportunity to register at South Africa’s 120 high commissions, embassies and consulates on January 26, 27 and 28.

Registration for inmates at correctional centres is scheduled to take place between January 30 and February 1.

“The Commission has been informed that due to the transfer factor for inmates, correctional centres will also be accepting IDs for inmates serving sentences in distant towns or provinces. These identity documents will be transferred to the relevant facilities where inmates are incarcerated,” the IEC said in a statement.

The Department of Correctional Services has indicated that it will put all necessary measures in place to ensure that IDs are kept safe.

The IEC emphasizes that the online voter registration portal will remain accessible until the date of the proclamation of the elections, providing an additional avenue for voter registration.

According to the IEC, 23 296 voting stations will open from 08h00 to 17h00 on Saturday, 3 February and Sunday, 4 February to allow new voters to register and existing voters to check and if necessary, update their registration details ahead of the 2024 National and Provincial Elections.

Following the first registration weekend held in November 2023, the voters’ roll contains 26.8 million voters.

The Commission said it is hopeful that the second registration weekend will build on and surpass the satisfactory turnout recorded in November.

Citizens aged 16 years and older can register to vote. All they need is a South African identity document (the green barcoded ID book, smartcard ID or a valid temporary ID certificate).  However, only those aged 18 and older can vote.

When registering, voters will need to provide their address or a description of where they live to allow the Electoral Commission to place them on the correct segment of the voters’ roll. However, proof of address is not a requirement to register as a voter.

The Electoral Commission helpline — 0800 11 8000 — is available to assist citizens with queries and information about the registration process and information related to locations of voting stations.