Category: Government Opinion Pieces

Minister of Justice and Constitutional Development, Ronald Lamola, says law enforcement agencies are taking action against those who committed corruption during the COVID-19 pandemic and those who looted Eskom and corrupted SARS during the years of state capture.

The Minister was speaking during the State of the Nation Address (SONA) debate in Parliament on Wednesday.

“It is public knowledge that people have been arrested, monies have been recovered for the theft on COVID-19. Through the SIU, money has been recovered that was [stolen] during COVID-19 and this government is continuing to work on building and strengthening the NPA.

Honing in on two institutions – Eskom and the South African Revenue Service (SARS) – which were looted and weakened during the height of State Capture, Lamola said the long arm of the law is now reaching those who were architects of the institutions’ dismantling.

“The two institutions, [SARS and Eskom] … were not broken down by cadre deployment, they were broken down by systematic corruption and not just by being led by black people. It was corrupt individuals.

“Those officials…we will allow the processes of the law to take its place with all people who have been arrested for the corruption at Eskom. Those individuals will be held to account, a free and a fair trial will ensue,” he said.

Concerning Gender based violence (GBV) and femicide, Lamola rebuffed assertions made during the SONA debate earlier in the day that law enforcement is not taking action against perptrators.

“On GBV, [there is a] 74% conviction rate across the country. Everyday our courts are convicting someone, giving them high sentences on a daily basis and this…is reality. [There are] 396 convictions from 420 cases, five additional [Thuthuzela Care Centre] sites were established from the 2021/2022 financial year bringing the total to 60.

“During the reporting period, 34 456 matters were reported to the Thuthuzela Care Centres. A conviction rate of 76%. So it is not true that there is no work that is being done. Indeed [GBV] continues to be a challenge but…this is a matter that we must all work together to resolve as a society. We must work to ensure that we eradicate all forms of gender based violence,” he said.

Turning to the economy, the Minister reminded Members of Parliament of the devastation that the COVID-19 pandemic wrought and continues to bring on South Africa’s economy.

He emphasised that government’s Economic Reconstruction and Recovery Plan (ERRP) is already starting to bear fruit.

“It is not the state of disaster that led to unemployment. It was the pandemic of COVID-19…that affected a number of jobs…and all the issues that today led to this country struggling economically.

“We are now working to rebuild the economy and we are back to the pre-COVID-19 economic growth statistics. What we need is to build from there and we can do so if we resolve the energy crisis…we will be able to resolve the economic challenges of our country, the unemployment challenges and the high crime rate,” he said.

The Minister told the debate that government will continue to work towards resolving the challenges that are facing the country, guided by the direction given by President Ramaphosa during the SONA.

“We will continue, through the guiding SONA that the president has delivered, to resolve the challenges of electricity, to continue to resolve the challenges of water provision, to continue to resolve the challenges of unemployment [and] to continue to resolve the challenges of [gender based violence and femicide,” Lamola said.

Cabinet has assured residents of the Enoch Mgijima Local Municipality that a decision on how to address the municipality’s current challenges will be communicated soon.

Cabinet made the pronouncement at its meeting on Wednesday, said Minister in the Presidency Mondli Gungubele during a media briefing on Thursday.

At the meeting, Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini Zuma and Finance Minister Enoch Godongwana briefed Cabinet on recent consultative engagements held with key role players and stakeholders in the municipality.

In April last year, Cabinet approved an intervention in the municipality in terms of Section 139(7) of the Constitution of the Republic of South Africa of 1996, read together with Section 150 of the Municipal Finance Management Act, 2003 (Act 56 of 2003).

“The Enoch Mgijima Municipality had been experiencing significant financial and service delivery failures for a long time before the intervention,” said Gungubele.

Last week Dlamini Zuma visited the municipality and has committed to work with all relevant stakeholders in the troubled council to address the community’s concerns, including calls for its dissolution.

According to a report tabled before Parliament last year, a financial recovery plan was developed for the municipality, but the implementation thereof did not yield the desired results. The previous municipal council failed to play its oversight role.

Parliament in September heard that that municipality’s financial crisis was persistent, with material breach of its obligations to provide basic services. It also failed to honour its financial commitments, a state of affairs that necessitated national government intervention.

The South African Police Service (SAPS) is being strengthened to prevent crime, says Minister in the Presidency Mondli Gungubele.

Gungubele conveyed the message while briefing the media on the outcomes of the regular Cabinet meeting held on Wednesday.

This, he said, includes putting more police on the streets and setting up specialised teams that will focus on specific types of crime.

“South Africa will also use data driven methods in a more sophisticated way to identify and target crime hotspots,“ he said.

The Minister said SAPS was intensifying operations to detect and remove illegal firearms and ammunition from the hands of criminals.

The police have in the past 12 months permanently removed 65 519 firearms from circulation.

The Cabinet position was made in the wake of the murder of hip-hop artist Kiernan Forbes, popularly known as AKA, and celebrity chef Tebello Motsoane, in Durban, last week.

At the meeting, Cabinet expressed its condolences to the family and friends of both men.

He said: “Cabinet also expressed its sympathies to the family and friends of anti-crime activist, Mr Ayob Mungalee, who was recently shot dead at Eldorado Park in Johannesburg.”

He was the national director of the People Seeking Justice Action Group, a movement which mobilised community members to take a stand against gangsterism and drug dealing.

Cabinet also expressed condolences to the families and friends of those killed in recent mass shootings in the Western Cape, KwaZulu-Natal and the Eastern Cape.

“These heinous and cold-blooded attacks, which are being investigated by law-enforcement authorities, highlight the prevalence of gun violence and its impact on communities,” he said.

Meanwhile, Cabinet said school safety in South Africa remains a top priority for government and reports of violence between learners and educators are a serious cause for concern.

“While the Department of Basic Education has put mechanisms in place to combat this scourge, it is the responsibility of parents and guardians to collaborate with school authorities and learners to ensure that schools remain safe places for our learners to develop and become responsible citizens. The safety of our educators at schools is also of paramount importance,” said Gungubele.

Government calls on all citizens and community structures to work together with their local SAPS to drive crime out of communities. If you have information that can help expose people involved in illegal activities, call Crime Stop at 0800 10111.

The Western Cape Department of Human Settlements has encouraged first-time homebuyers to take advantage of the over 500 affordable housing opportunities available across the province.

According to the provincial department, the available homes specifically cater for households with a gross income of between R3 501 and R22 000 per month.

Housing opportunities range from one, two and three-bedroom homes at Forest Village in Cape Town; Syferfontein in George and Mill Park in Bredasdorp.

Western Cape residents are urged to apply for the department’s Help Me Buy a Home/FLISP subsidy to purchase one of the available housing opportunities.

The Help Me Buy a Home/FLISP subsidy is designed to assist first-time homebuyers to acquire a home.

“The subsidy will essentially assist to reduce monthly bond or loan payments, making it more affordable to purchase a home. Qualifying applicants will receive a subsidy based on their gross household income,” the department explained.

According to Western Cape Infrastructure MEC, Tertuis Simmers, there are numerous housing opportunities in prime residential areas across the province.

“If your household income is between R3 501 to R22 000 per month, and you meet the qualifying criteria, this subsidy can assist you to purchase your first home. We encourage young professionals, first-time homeowners and those starting a family to research the options available to get their foot into the property market.”

Meanwhile, the department’s Communication and Stakeholder Relations Director, Nathan Adriaanse, believes that there are multiple benefits to home ownership.

“While it often means different things to different people, to most a home represents stability, ownership of an asset with a value that will increase over time and providing a legacy within the family that many generations can benefit from. A home also helps to build communities since many homeowners get involved in the affairs of the neighbourhood for the betterment of the entire community,” he said.

To date, over 250 Western Cape residents have purchased their first homes in one of the department’s three developments, using the Help Me Buy a Home/FLISP subsidy.

At present, there are 571 housing units still available in the Eerste River Cape Town, George and Bredasdorp developments.

Residents are encouraged to check the qualification criteria and to submit an application for one of the available housing opportunities.

Interested residents can apply directly to the department’s partners.

The department said it remains committed to accelerating human settlement delivery while promoting social inclusion through the development of integrated, resilient, safe and sustainable human settlements for residents of the Western Cape.

Details of the units and contact details of the agents can be found on the department’s website at https://www.westerncape.gov.za/dept/human-settlements/documents/public_i….

In addition, residents can contact their nearest municipal housing office or the Department of Human Settlements at 27 Wale Street, Cape Town or 021 483 6488 / 0611 / 8984 / 0623 / 2060 or at human.settlements@westerncape.gov.za.

For more information visit www.westerncape.gov.za/dept/human-settlements.

President Cyril Ramaphosa has reiterated his announcement that the Investigating Directorate (ID) within the National Prosecuting Authority (NPA) will be strengthened in order to increase the fight against corruption.

The President addressed the nation through his weekly newsletter on Monday.

“Over many years corruption has systematically weakened the state, damaged key institutions and eroded the country’s social fabric. The Constitutional Court has said that corruption is “the antithesis of the open, accountable, democratic government required by the Constitution”.

“Working together with other multidisciplinary units such as the Anti-Corruption Task Team, the Fusion Centre and others, we will strengthen the Investigating Directorate in its work at the frontline in the fight against corruption and state capture,” he said.

The President also doubled down on his announcement during the State of the Nation Address (SONA) last week that the ID will be made a permanent feature of the NPA.

“This is so that it can deepen its collaboration with other entities in the criminal justice system and enrol more cases in the courts. Consultations are underway on the legislation to give effect to this and to prescribe its powers and safeguard its independence. This also has implications for its funding and operational capacity.

“Once it’s made permanent, the Investigating Directorate will be able to improve the capacity of its existing team of specialist investigators and prosecutors and recruit new ones. We expect that 2023 will be a year of increased activity for the Investigating Directorate as it builds on the sterling work it has done so far.”

The President praised the directorate’s work in preparing cases of “serious corruption including emanating from the State Capture Commission, for trial” as part of the NPA’s plan to deal with state capture and for leading the way in innovation.

“It has been leading an innovative approach to ensuring accountability from those implicated in state capture. As part of its ongoing criminal investigation into complex corruption at Eskom, the NPA’s Investigating Directorate has finalised a comprehensive settlement agreement with an international company, ABB, to pay over R2.5 billion in punitive reparations to South Africa.

“The payment will be made into the Criminal Asset Recovery Account. This is reflective of the NPA’s two-pronged strategy to deal with corruption through prosecuting perpetrators and recovering stolen money,” he said.

Turning the tide on corruption

Reflecting on his first SONA in February 2018, President Ramaphosa recalled government’s vow to “turn the tide on corruption” by strengthening law enforcement agencies and safeguarding their independence.

“The first significant step in this effort was the establishment of a Special Tribunal to enable the Special Investigating Unit (SIU) to expedite civil claims against corrupt individuals and to recover stolen funds.

“The Special Tribunal is a court dedicated to proceedings arising from SIU investigations. This strategy of combining investigations with civil litigation has enabled the SIU and the Special Tribunal to recover stolen money.

“As of March 2022, the value of civil litigation referred to the High Courts and the Special Tribunal amounted to R75 billion. This is roughly equivalent to what was budgeted for the child support grant this year. Currently, around 119 cases worth more than R12 billion are enrolled at the Special Tribunal,” he said.

The President said South Africa and government has the capability and capacity to rebuild institutions of law and order.

“We set up world class institutions before. Now is the time to rebuild our institutions so that they are able to stand the test of time and advance the values and vision of our constitutional democracy,” President Ramaphosa concluded.

President Cyril Ramaphosa has moved to assure investors that government is addressing the challenges facing the country to ensure that South Africa reaches its full mining potential.

The President was speaking at the Investing in African Mining Indaba held at the Cape Town International Convention Centre on Tuesday.

“We have a responsibility as government, industry, labour and communities to ensure that our mining industry is able to grow, to become more globally competitive and to be a pioneer in the global drive towards sustainable development.

“To realise these objectives, we need to… [f]irstly, achieve a secure supply of electricity. Secondly, accelerate economic reforms to improve the operating environment. Thirdly, tackle illegal mining and damage to infrastructure. Fourthly, improve the regulatory environment,” he said.

Honing in on energy, the President told investors that government has already introduced the Energy Action Plan to improve “performance of our existing power stations and to add new generation capacity to the grid as quickly as possible”.

“Eskom has assembled experienced technical teams to improve performance and recover capacity at power stations, with an initial focus on the six least reliable stations. Through a regional power pool arrangement, we have already imported 300 MW of capacity from neighbouring countries and are working to increase this by an additional 1000 MW.

“The successful renewable energy programme is being strengthened. In the last six months, we have signed agreements for 25 projects representing 2800 MW of new capacity. These projects will soon be proceeding to construction.

“We are facilitating investment in new generation capacity by private producers by, among other things, removing the licensing threshold for embedded generation projects,” President Ramaphosa said.

Furthermore, he said, Eskom is also looking to “purchase surplus power from companies with available generation capacity” to further strengthen the grid.

President Ramaphosa said another area earmarked by government is reform in logistics.

He highlighted that last year coal exports dropped by at least 50 million tonnes – the worst performance in some 30 years.

Coupled with that, infrastructure inefficiencies effected a 15% decline in mineral sales.

“We therefore welcome the partnership announced late last year between the Minerals Council of South Africa and Transnet to stabilise and restore the operational performance of our rail lines and ports.

“The reforms we announced to improve the state of freight rail are moving ahead. One of these – opening key routes to third party operators – will bring much-needed investment for upgrading, maintenance and rehabilitation.

“A new policy framework for rail sets out actions to modernise the rail network, enable private investment, improve regulation and restore rail as a competitive mode of both freight and commuter transport. Similar efforts are underway to enable private investment in our ports and certain container corridors,” he said.

Turning to illegal mining and infrastructure damage, President Ramaphosa said specialised law enforcement teams are on the ground to tackle that criminality.

“The South African Police Service has established multi-disciplinary Economic Infrastructure Task Teams that are operational in 20 identified hotspots. In the last six months, these teams have conducted around hundreds of operations and made a significant number of arrests.

“Transnet has developed partnerships with the industry and private security to address cable theft and vandalism on the freight rail network through advanced technologies and additional security personnel,” President Ramaphosa said.

According to the President, government is working with the sector to reduce the backlog of prospecting and mining applications and to improve the industry’s regulatory environment.

“I understand that over the past 18 months we have reduced the backlog of applications by 42 percent and plans are in place to eliminate the backlog in the short to medium term.

“The Department of Mineral Resources and Energy has indicated that the process for procuring an off-the-shelf cadastral system, which can be customised to South Africa’s needs, is underway. This is essential for the operation of a modern mining rights administration system, which in turn is vital for the growth of the industry.

“These are some of the efforts we are undertaking as South Africa to improve the business operating environment for a sector that is the lifeblood of our economy and that of the continent,” he said.

The President insists that although South Africa faces several challenges, “investors will find South Africa as an attractive destination for miners and associated sectors”.

“This is a challenging time for mining, both in South Africa and across the continent.

“However, we have the means to overcome our difficulties and forge a brighter future for this industry. As the world changes, mining is changing with it and the industry stands ready to seize the opportunities that the future presents,” President Ramaphosa said.

Social Development Minister, Lindiwe Zulu, will today meet with social grant beneficiaries who passed last year’s Grade 12 National Senior Certificate (NSC) examination in Cape Town.

According to the department, social grant beneficiaries who wrote the 2022 National Senior Certificate examination recorded an improved performance (which) proved the important role played by the country’s social protection system.

“The social grant beneficiaries showed an impressive increase from 0.2% to 8.7% in 2022, as compared to the previous year. The class of 2022 also saw more female learners (256 902) sitting for their Grade 12 examinations when compared with the 191 490 male counterparts, and the higher pass rate registered by male beneficiaries, which was 72.5% and 70.39 % females.

“The results also showed that the learners who were receiving the grant in their matric year registered better results than those whose grant had discontinued due to their age. Inactive social grant beneficiaries achieved an overall pass rate of 75.22 %, while learners who were getting the grant in their matric year got 87.20%,” the department highlighted.

The department said these findings may be demonstrating that the impact of social grants is likely to be greater the longer the transfer duration, especially, if child-specific grants are kept until the learner completes their Grade 12.

“Statistics released by the Department of Basic Education showed that 39 724 of the social grant beneficiaries passed with distinctions in critical subjects such as Accounting, Business Studies, Economics, Mathematics and Physical Science. This academic performance reflects the significant role played by pro-poor policies in addressing intergenerational poverty and child wellbeing for children living in poor households,” the department said.

During a meeting with beneficiaries in the late afternoon, Zulu will encourage learners to work harder as they move to the next chapter of their education.

The Minister will be joined by National Student Financial Aid Scheme (NSFAS) CEO, Andile Nongogo.

“The department and NSFAS have been working together to make sure that social grant beneficiaries who are accepted at institutions of higher learning are not means tested as they have been receiving the grant from the South African Social Security Agency (SASSA),” the department said.

The Department of Employment and Labour has extended the deadline for written submissions on the protection of Community Health Workers (CHWs) in South Africa.

The submissions on the protection of CHWs were made to the National Minimum Wage (NMW) Commission in line with the National Minimum Wage Act.

The initial deadline for submissions was 31 January 2023.

The Commission has published a notice on Monday, extending the period for submission of written inputs after it announcement in December 2022 that it had started an investigation into the wages and conditions of employment in the Community Health Workers sector.

NMW Chairperson, Professor van der Walt said the Commission resolved to extend the deadline to 28 February 2023.

“The terms of reference of the investigation are to investigate the wages and conditions of employment of the Community Health Workers in the health sector, with a view to establish a sectoral determination prescribing minimum wages and conditions of employment. The NMW Commission is conducting the investigation in terms of Section 52(3) of the Basic Conditions of Employment Act (BCEA), No 75 of 1997,” Van der Walt said.

The Community Health Worker Programme (CHWP) means:

• A programme to provide public or community services through a labour-intensive programme initiated by the government and funded by public, private or donor resources;
• All projects and programmes accessing public funds, including those implemented by Non-Governmental Organisations (NGOs) and Community Based Organisations (CBOs), Faith Based Organisations (FBOs) and private companies; and
• Any other programme deemed to be part of the CHWP as determined by the National Department of Health or a provincial Department of Health.

“CHW usually includes among others adult community nursing, therapy services, specialist nursing, preventive services such as sexual health and smoking cessation clinics, and child health services including health visiting and school nursing,” Van der Walt explained.

Interested parties are given another opportunity to send their comments to the Directorate: Employment Standards, Department of Employment and Labour, Private Bag X117, Pretoria, 0001 or to SDinvestigations@labour.gov.za (link sends e-mail).

The National Student Financial Aid Scheme (NSFAS) has introduced certain policy changes for the 2023 academic year to progressively address existing disparities between Technical Vocational Education and Training (TVET) colleges and university beneficiaries’ bursary packages.

Announcing NSFAS 2023 funding eligibility and criteria during a media briefing held in Pretoria on Tuesday, NSFAS board chairperson, Ernest Khosa, said TVET college students studying occupational programmes can only be funded for the cost of tuition for the duration of the qualification.

“TVET college students,who are registered on an occupational qualification, may qualify for allowances only if in simulated training, and students registered on an occupational qualification, who have an employment contract, do not qualify for NSFAS allowances.

“TVET college graduates will be funded for a university undergraduate qualification regardless of the benefit that they would have derived from the application of the N+ rule at a TVET college level (on condition they did not exceed the TVET N+ rule),” Khosa explained.

“N” is the minimum number of years allocated to complete a qualification and the +1 refers to the extra year that a student may need to complete the qualification.

On academic eligibility, Khosa announced that as of 2023, first-time entering students must achieve a course credit pass rate of 50%, while continuing university students must achieve a progressive course credit pass rate of 55%, and returning university students must meet ongoing academic eligibility requirements in order to remain funded by NSFAS.

“The N+ rule for distance university students will be reviewed as of 2024, and academic progression criteria will increase from 55% to 60% over time. On allowances, our board directed the executive management to introduce processes that enable the entity to reduce the risk of abuse of its funds,” Khosa said.

Khosa said the payment of allowances will be made directly by NSFAS into the students’ NSFAS bank account and NSFAS funded students are required to complete the NSFAS direct payment on-boarding process to prepare for the payment of allowances into their account.

“Through direct payment, NSFAS beneficiaries will receive their allowances for food, personal care, transport etc., through a NSFAS bank account; and after being registered on the system, students will receive virtual and/or physical cards they will use to transact.

“Additionally, students will be able to make online transactions such as EFT, prepaid purchases, receive from and transfer money to other existing banks, just as with a normal bank account, and other benefits include access to value-added services, ATM cash withdrawals, as well as at retail stores,” Khosa explained.

To ensure that all NSFAS students are on board, Khosa said the scheme has assigned NSFAS teams to institutions, and its service partners will join them when visiting all institutions from February 2023 to assist with on-boarding and query handling.

“Currently, the focus of the NSFAS teams is to encourage university students to on-board the new system in the meantime, as we prepare for university implementation later in the year. I would like to request that the SRCs, together with the student unions responsible for both our TVET colleges and universities, work together with the teams to make this process seamless,” Khosa said.

The Southern African Development Community (SADC) leaders have called on the Kingdom of Eswatini to urgently initiate a national dialogue as tensions continue to rise in that country.

This comes after the murder of a leading human rights lawyer and political activist in the Kingdom of Eswatini, Thulani Masek,o who was shot dead on 21 January 2023.

SADC leaders convened the Extra-Ordinary Organ Troika Summit of Heads of State and Government on Tuesday in Windhoek, Namibia.

The summit was officially opened and chaired by the Chairperson of the SADC Organ on Politics, Defence and Security Cooperation and President of the Republic of Namibia, Dr. Hage G. Geingob.

President Geingob urged all stakeholders in the Kingdom of Eswatini to remain calm and participate peacefully in a National Dialogue.

“The summit condemns all killings and damage to property in the Kingdom of Eswatini. The summit urges the government of the Kingdom of Eswatini to urgently initiate the process of the National Dialogue and urges all stakeholders in the Kingdom of Eswatini to remain calm and participate peacefully in the National Dialogue,” SADC Chair said.

He reiterated SADC’s condemnation of the killing of Maseko, who at the time of his death was Chairperson of the Multi-Stakeholder Forum.

SADC further urged the government of the Kingdom of Eswatini to conduct a “swift, transparent and comprehensive investigation into the killing of Maseko”.

President Cyril Ramaphosa, who is the outgoing Chair of the Organ on Politics, Defence and Security Cooperation, is attending the summit accompanied by Minister of International Relations and Cooperation, Dr Naledi Pandor; Minister of Defence and Military Veterans, Thandi Modise and Minister in the Presidency, Mondli Gungubele.

Mozambique

The summit reiterated the call for Member States to urgently respond to requests for critical capabilities to enhance the operational capability of the SADC Mission in Mozambique.

“The summit noted the ongoing investigations being undertaken by SAMIM leadership following a disturbing video clip circulating on social media depicting what appears to be SAMIM personnel burning deceased people and reiterated that the public will be informed once the investigations are completed, as communicated by the Chairperson of the Organ in his statement issued on 11 January 2023,” SADC said in a communique.

Kingdom of Lesotho

The summit also commended the government and the people of the Kingdom of Lesotho for conducting peaceful and successful elections, and congratulated the Revolutionary for Prosperity Party and the Prime Minister of the Kingdom of Lesotho, Ntsokoane Samuel Matekane.

The summit further welcomed the commitment made by Prime Minister Matekane to prioritise the implementation and completion of the comprehensive national reforms process and approved the Action Plan for the Lesotho Reform Oversight Committee to monitor the finalisation of the reforms process in the Kingdom of Lesotho.

Democratic Republic of Congo 

The summit noted with deep concern the unstable security situation in the eastern part of the Democratic Republic of Congo (DRC).

SADC leaders strongly condemned the upsurge of conflicts and activities of armed groups, including M23 rebels and the support provided to the armed groups by foreign forces.

“The summit resolved to initiate dialogue amongst the Member States of different Regional Economic Communities (RECs) that have deployed forces in the DRC, with a view to establish and implement mechanisms for the effective coordination of their interventions in the DRC.”

The summit adopted the draft African Union Declaration on the USA proposed ‘Countering Malign Russian Activities in Africa Act’ and urged Member States to communicate SADC’s position, and reaffirmed the stance of non-alignment on conflicts outside the continent and the region at multilateral fora.

The summit commended President Geingob for his leadership to galvanise concerted efforts towards the attainment of lasting peace and stability in the region.