Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
15 February 2022 | Story Prof Sethulego Matebesi
Prof Sethulego Matebesi
Prof Sethulego Matebesi, University of the Free State

Long before delivering his fifth State of the Nation Address (Sona), concerns reverberated in the political and social corridors surrounding President Cyril Ramaphosa, urging him to make conclusive statements, to have the heads roll of those implicated in corruption, and to report on achievements and challenges. However, the somewhat overwhelming dismissive responses from prominent opposition party leaders may seem as if they are not eager to engage with the Sona constructively. Thus, it seems that no matter how well the Sona is delivered, there will always be those who dismiss it as a trivialisation of South Africa’s challenges.

There were times during one or two of the ‘family meetings’ – live broadcasts by the President, addressing the nation on the status of the COVID-19 pandemic and the regulations to be amended – that it was vividly evident that Ramaphosa was taking strain. However, all this was gone when President Ramaphosa delivered the Sona like a true statesman, without any visible signs of the ambush he was facing from within and outside his own political party. In fact, the need to be bold and resolute about the government’s stability has never been stronger after recent attacks on several national key points across the country.

Assumed power of reports from commissions, advisory panels, and advisory councils

In a recent Reading Group Session of the Department of Sociology, we discussed the assumed power of documents when conducting research. The emphasis was on the need to avoid an over-zealous reduction of a research question to documentary evidence without considering the document’s terms (or context). Similarly, it is interesting to note that since 2018, President Ramaphosa has established 24 advisory panels, advisory councils, task committees, and commissions. While it may seem rather obvious that some of these panels have been designated by statute for a specific purpose, the assumed powers of the reports produced are sometimes the most difficult to unravel.

One such instance is the report of the Zondo Commission of Inquiry into State Capture, which was viewed as a magic wand that would root out corruption and strengthen the rule of law. In the face of the complex set of interlocking challenges that are hampering structural growth and change in South Africa, reports from committees may provide an in-depth examination of issues. However, there are at least two problems with policy makers who invariably think that these reports, including national addresses such as Sona, are solutions to the country’s myriad challenges.

First, a recent publication of Transparency International highlights how some governments are trivialising the results of its Corruption Perceptions Index (CPI). The trivialisation mainly happens when leaders who have come into office with a strong anti-corruption narrative, fail to make inroads against this scourge. For example, in South Africa, pronouncements on corruption – one of the leading causes of the state’s failure to deliver on promises – have been so subtle that those involved in corrupt practices may not even notice the seriousness of their acts.

The other problem is the reluctance to change non-performing accounting systems that are susceptible to abuse. South Africa has been trying to fix the puzzle of corruption long before the arrival of the Zondo Commission. Therefore, acknowledging that public institutions and state-owned enterprises (SOEs) have been infiltrated by a criminal network intent on looting public money is merely a starting point but not a satisfactory explanation in its own right. Moreover, it does not account for the government’s glaring failure to act upon the Auditor-General’s annual findings on irregular and unaccounted expenditure. It would have been more desirable for the government to insist on better financial accountability than its over-reliance on commissions or advisory panels.

As the nation waits with bated breath to see how corruption is tackled ‘once and for all’, as the President announced, a further qualification needs to be made regarding the proposed disposal of the government’s non-strategic SOEs. Estimates of global trends in privatisation indicate that privatisation activities are on the rise. In South Africa, there is a great deal of evidence that a handful of politically connected individuals often benefit from the privatisation of government assets. This raises important questions that are beyond the scope of this contribution, for example, how SOEs will be further weakened to hasten the process of privatisation.

Victorious we can emerge, but only if …

President Ramaphosa made a bold statement through his promise and commitment to revitalise the country’s weak economy, deal with Eskom’s unreliable electrical supply, and bring about changes to security agencies, among others. The extent, urgency, and sincerity with which the government will implement these and many other commitments, will determine whether we will ‘emerge victorious’, as Ramaphosa announced.

Mr President, we know the road ahead will not be easy. But in many ways, there has been an improvement. One possible solution to continue this trajectory of accountability and improved service delivery is to take full advantage of the benefits of the digital age. A digitisation drive underscored by a consequence management approach may assist in implementing the Sona promises and commitments in a more efficient, flexible, and sustainable manner. In this way, South Africa will begin to ‘walk the talk’ against poverty, unemployment, and inequality.


News Archive

Moot Court competition bigger success than ever before
2009-10-27

 

Here are the members of the winning team in the Afrikaanse section: André Stander and Wilmie Stander.
Photo: Stephen Collett
 

The University of the Free State’s (UFS) Department of Law of Procedure and Law of Evidence again presented the First-year Moot Court Competition this year. This interuniversity competition was presented for the fifth time this year. The Universities of the Free State, Pretoria, Johannesburg, Rhodes, North-West, Zululand and KwaZulu-Natal (both campuses), as well as an international institution, the Charlotte Law School in North Carolina in the USA also participated in the competition.

The last-mentioned participant was indeed a highlight for the Department of Law of Procedure and Law of Evidence. The students of the Charlotte School also initiated a community service project for a school in a disadvantaged community. According to Adv. Mariëtte Reyneke from the Department of Law of Procedure and Law of Evidence, the students of the UFS’s Faculty of Law will also participate in this project. The team’s participation is a result of negotiations to work together between Prof. Neels Swanepoel, departmental head, and the Charlotte School of Law early in 2009 as part of the university’s internationalisation priority.

“We are really excited about the growth of the competition that started out with three universities to where it is today. We believe that it is a cause for celebration,” said Adv. Reyneke.

Only first-year students may participate. The competition will take place in the High Court and the final rounds in the Court of Appeal. The judges are compiled from retired judges, practising judiciary, magistrates as well as retired lectures of law. Only a small number of law practitioners get the opportunity to appear in the Court of Appeal and to do this in your first year in front of a judge is an excellent exposure and career forming. This is also the only competition in the country where students can participate in either an English competition or an Afrikaans competition.

Sixteen English teams (9 universities) and 7 Afrikaans teams participated in this year’s competition.

At the prize giving function the UFS team was crowned overall winners of the Afrikaans section and a team from the University of Pretoria as overall winners of the English section of the competition.

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept