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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

Faculty of Law congratulated on 100 years of Iurisprudentia
2009-11-05

Prof. Johan Henning, Dean of the Faculty of Law at the UFS and Prof. Barry Rider from the Jesus College at the University of Cambridge in the UK.
Photo: Stephen Collett

This year the Faculty of Law at the University of the Free State (UFS) is celebrating a century of excellence in legal education under the theme “Iurisprudentia 100”. A number of prominent leaders in the international legal arena congratulated the faculty on this milestone achievement.

Prof. Harry Rajak, Emeritus Professor from the Sussex Law School at the University of Sussex in the United Kingdom communicated his heartiest congratulations to the faculty. “It has been my great privilege and pleasure to have had, for many years now, a close association with the Faculty of Law of the UFS. I have enjoyed several visits to the Law Faculty, during which I have benefited enormously from the vibrant intellectual, scholarly and extremely friendly atmosphere which you have all created, as well as from the enthusiasm and intelligence of your students. I look forward to the continuation for many more years of this important and fruitful connection,” he said.

Prof. Barry Rider from the Institute of Advanced Legal Studies at the Jesus College at Cambridge University in the UK also congratulated and expressed his admiration towards the faculty. “The reputation for excellence in the teaching of law and in its scholarly research that your faculty has attained both in the Republic and internationally is a testament to the outstanding efforts and commitment of so many generations of scholars in Bloemfontein. I have been extraordinarily privileged to be associated with your faculty. The achievements of your faculty are truly impressive,” he said.

The faculty also received wishes of congratulations from Prof. Thomas Hurst, Research Scholar and Professor of Law from the Levin College of Law at the University of Florida in the United States of America. “The UFS has established itself as a world renowned leader in legal education,” he said.

Mr Anton Trichardt from Londsdale Chambers, Melbourne Australia also conveyed his best wishes to the faculty. “Your Faculty of Law has indeed been an example of excellence in legal education, training and research. The Centre for Business Law and its monograph series has been an unrivalled trend-setter in law,” he said.

Old Mutual also conveyed its wishes of congratulations.
 

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