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Zondo Commission findings: A permanent change in SA politics

13 January 2022 | Story Opinion article by Prof Sethulego Matebesi | Photo Sonia Small

Opinion article by Prof Sethulego Matebesi, Associate Professor and Head of the Department of Sociology, University of the Free State

Commissions of inquiry have been a feature of political life in South Africa since 1994. However, the Seriti and Zondo commissions arguably represent the most explicit evidence of the scourge of corruption in democratic South Africa.

The Seriti inquiry into the arms deal, which cost R137 million, was handed over to former President Jacob Zuma in 2016. This commission found no evidence of the 1999 arms deal corruption. However, Justice Raymond Zondo would hand over one of his three reports to President Cyril Ramaphosa in early January six years later.

Despite their similarities – their role in investigating allegations of widespread corruption and the stern rebuke that the commission heads received from certain public sections – there are several fundamental differences between them, with one predominating. The most fundamental difference between them is that the Seriti Commission’s chairperson and commissioner were referred to the Judicial Service Commission on charges of gross misconduct. A full panel of the Gauteng High Court found that the Seriti Commission mysteriously omitted crucial facts before concluding that there was no proof of corruption. Contrarily, evidence presented to the Zondo Commission has already had dire consequences for several individuals, politicians, and state-owned and private companies in South Africa and abroad. While it is still early days, and perhaps unfair to make this comparison between the two commissions, the Zondo Commission has undoubtedly removed some dark stains from the judiciary that do not augur well for democracy.

Erosion of ethical conduct

President Ramaphosa’s renewal project, underscored by a commitment to fighting corruption and strengthening governance, has gained traction over the past two years. Nevertheless, as the Zondo report makes abundantly clear, South Africa is struggling to respond effectively to the complexities of corruption and money laundering. As a nation still being forged, too many men and women entrusted to lead this glorious nation have abandoned the cardinal rule that ethical conduct was central to leadership. Instead, they have knowingly become corrupt conduits through their collaboration and conniving to collapse democratic institutions and practices.

No competent government will fold its hands and watch as its citizens’ livelihoods are destroyed by criminal elements within and outside its ranks, as reported by the Zondo Commission. However, we need to credit President Ramaphosa – with all his leadership flaws – for his continued bold statement to implement the commission’s recommendations without fear or favour. We may want to dismiss this boldness as another political gimmick. In any event, I believe that civil society organisations and liberal democratic institutions are converging, as they did in the past, to challenge attempts to circumvent the recommendations of the Zondo Commission.

A trial for President Ramaphosa

Several incidences after the release of the Zondo Commission report indicate what we can expect when the final report is released. Of note were some ANC members’ statements that seemed to differ from President Ramaphosa about the need to support the implementation of the commission’s recommendations. Somehow, Ramaphosa will be on trial – fairly or unfairly – during the year. He will have to overcome some challenges, including the dismal performance of the ANC during the 2021 local government elections and his stance on corruption. Yet, thus far, he has managed to shrug off threats from increasingly aggressive and confrontational elements within the ANC.

The ANC will hold its elective conference at the end of the year. Besides the multipronged, political disinformation strategies that often precede such conferences, some defenders of democracy implicated in the Zondo report may join beleaguered activists to crush opponents and settle scores. Others, however, may take the findings against them on review.

Surmounting these threats from within the ANC will depend on the extent to which the President and his supporters are willing to risk his aspiration for a second term instead of serving the long-term interests of South African citizens.

Beyond the politics

The Zondo Commission’s report will remain largely fruitless unless it goes hand in hand with political will and oversight to act on recommendations with the prima facie of wrongdoing and criminality. Without the latter, we need to ask serious questions about Parliament, and the Executive’s ability to solve political matters often offloaded onto commissions of inquiry. For example, while I understand the need for an independent anti-corruption agency and other measures to fight craft, we conveniently ignore how the Auditor-General’s reports detailing rampant corruption and blatant criminality (not irregular expenditure as the elite want us to believe) are ignored year after year.

What difference will these measures bring when you still have leaders and officials with malign influence on procurement procedures?

The bickering against the Zondo report and President Ramaphosa will grow louder and dominate the South African political landscape over the next few months. We should consider the advice of former Deputy Chief Justice Dikgang Moseneke, who once noted that integrity in public spaces is indispensable.

News Archive

UFS law experts publish unique translation

2006-06-21

Attending the launch of the publication were from the left: Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English. This source dates back to 1666.

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law. It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa. The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS. Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning.

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority. “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of a Frenchman by the name of Pothier. This treatise was translated into English and was regarded as an authority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning.

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law. Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands. "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law. Prof Wessels, who has 15 degrees, spent almost ten years translating the treatise. The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
21 June 2006

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