Latest News Archive

Please select Category, Year, and then Month to display items

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

CR Swart Memorial Lecture: Mr Cecil le Fleur

2006-08-08

Khoe and San call for government to speed up policy dialogue with indigenous communities

Mr Cecil le Fleur, leader of the National Khoe-San Consultative Conference and member of the executive management of the National Khoe-San Council, has called for a national policy on indigenous peoples to protect the human rights and special needs of indigenous people in South Africa.

Mr Le Fleur delivered the 38th CR Swart Memorial Lecture on the Khoe and San at the University of the Free State (UFS). He commended the UFS for its serious approach to the Khoe and San and for initiating initiatives such as a research project on the Griqua in which various aspects linked to language, -culture, -history, - leadership, their role in the South African community (past and present) and the conservation of their historical cultural heritages will be covered.

“The policy dialogue with indigenous communities initiated by government in 1999 and supported by the International Labour Organisation (ILO), has been exceedingly slow, owing to political and bureaucratic problems,” said Mr Le Fleur.

According to Mr Le Fleur the slow pace is also impacting negatively on the United Nations’ efforts to expand the international standards and mechanisms for human rights so as to include the special needs of indigenous peoples.

“The successful adoption of a South African policy would probably have a major impact on the human rights culture of Africa and, more specifically, on the UN system,” he said.

“South Africa has a powerful moral authority internationally and is willing to use this authority in multilateral forums. At this stage, however, South Africa’s Department of Foreign Affairs (DFA) may not take an official position on UN instruments and declarations pertaining to indigenous issues, until the Cabinet has resolved its own domestic policy position,” he said.

According to Mr le Fleur it therefore came as a great surprise when the DFA brought out a positive vote in the UN for the adoption of the "Draft Declaration on the Rights of indigenous Peoples" in June this year, even before the completion of the policy process.

Policy consolidation in South Africa is the primary key to creating a new policy climate in Africa in order to protect the rights of indigenous peoples. “The existing constitution of the Republic of South Africa is one of the most liberal on the continent, and embraces the concept of redress of past discrimination. It already includes a clause (Section 6) making provision for the protection of language rights for Khoe and San peoples - the fist peoples of southern Africa,” he said.

“If South Africa can effectively integrate this ‘third generation’ of collective rights within an existing democratic constitution, this will send a clear message to Africa and the world that indigenous rights are a necessary component of human and civil rights in modern democracies,” he said.

Mr Le Fleur proposed an institutional framework based on set principles that would satisfy the needs and aspirations of the Griqua and other first indigenous peoples in South Africa. “The proposed framework was based on the notion of vulnerability as a result of colonialism and apartheid, which stripped us of our indigenous identity, cultural identity and pride as people. This injustice can hardly be addressed within the existing mechanisms provided by the current text of the Constitution,” he said.

Mr Le Fleur also proposed that the principles of unique first-nation status, as recognised in international law, should be applied in the construction of the framework of the constitutional accommodation for the Khoe and San.

Mr Le Fleur further proposed that the Khoe and San’s indigenous status in constitutional terms must be separate from the constitutional acknowledgement of their status as a cultural community, as envisaged in sections 185 and 186 of the Constitution of 1996.

According to Mr Le Fleur, the suggested mechanism should make provision for structures such as:

A statutory representative council for First Indigenous Peoples of South Africa at a national level;
a separate Joint Standing Committee on Indigenous and Traditional Affairs, in both the National Assembly and the National Council of Provinces on which the Khoe and San can be represented;
a representative structure for the Khoe and San in the legislature of each relevant province; and
ex officio membership in the relevant structures of local government.

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

- Full lecture
- Photo gallery

Back

Economic and Management Sciences

Education

Health Sciences

The Humanities

Law

Natural and Agricultural Sciences

Theology and Religion

Open Distance Learning

Business School

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