Top 10 stories of the day: Mayfair fire kills 4 children
Here's your daily news update for Monday, 19 May 2025: An easy-to-read selection of our top stories.
In the news today, the Mayfair community in Johannesburg is in mourning after four children, under the age of two years old, tragically died in a house fire on Monday morning.
Meanwhile, South Africa's delegation to the United States is en route to its most high-profile diplomatic engagement in recent memory, and the members have had things to say about SA–USA relations in 2025.
Furthermore, almost 6 000 South African Post Office (Sapo) jobs will be saved via another funding injection.
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House fire claims lives of four young children in Mayfair
The Mayfair community in Johannesburg is in mourning after four children, under the age of two years old, tragically died in a house fire on Monday morning.
The City of Johannesburg Emergency Management Services (EMS) responded to a house on fire near 8th Avenue and West Street at around 11am.
Picture: Supplied.
EMS spokesperson Robert Mulaudzi said that upon arrival, the firefighters found the house on fire, and they started firefighting operations.
'While conducting a search and rescue operation, four bodies of young kids ranging from two years and below were recovered. Unfortunately, they were confirmed dead on the scene by Gauteng EMS paramedics,' Mulaudzi said.
CONTINUE READING: House fire claims lives of four young children in Mayfair
What those on the plane to Washington said prior to Trump-Ramaphosa showdown
South Africa's delegation to the United States is in transit en route to its most high-profile diplomatic engagement in recent memory.
President Cyril Ramaphosa is leading a team of four ministers this week for bilateral discussions with the Trump administration.
President Cyril Ramaphosa in the Oval Office in 2022. Picture: AFP / Saul Loeb
The president is set to meet his US counterpart on Wednesday in Washington, and the nation is eager to see how the heads of state's contrasting personalities mesh.
The delegation consists of Minister of International Relations Ronald Lamola, Agriculture Minister John Steenhuisen, Trade and Industry Minister Parks Tau, and Minister in the Presidency Khumbudzo Ntshavheni.
CONTINUE READING: What those on the plane to Washington said prior to Trump-Ramaphosa showdown
More millions to save jobs at SA Post Office
Almost 6 000 South African Post Office (Sapo) jobs will be saved via another funding injection.
Sapo and the Unemployment Insurance Fund (UIF) agreed on a deal to fund employee salaries while the government works to restore the postal service's fortunes.
Picture: The Citizen / Michel Bega
The agreement between the two government entities will see the return of the Temporary Employer-Employee Relief Scheme (Ters) used during the 2020 global health pandemic.
The Ters scheme will inject R381 million into the post office over the next six months to assist 5 956 employees.
CONTINUE READING: More millions to save jobs at SA Post Office
Chiefs coach Nabi – 'This news is bad for me'
Kaizer Chiefs head coach Nasreddine Nabi has denied that he is set to be sacked at the end of this season.
A report in the Sunday Times on May 11 claimed Nabi was going to be dismissed, even after winning the Nedbank Cup.
Nasreddine Nabi has denied he is set to be fired by Kaizer Chiefs. Picture: Backpagepix
'This news came from journalists, not from the club. Why all the time is it 'Nabi, Nabi, Nabi,' for what? All of Africa has been calling me to come coach them, thinking I'm a free agent,' Nabi told journalists on Saturday, after Amakhosi's 1-1 Betway Premiership draw with Sekhukhune United at the Peter Mokaba Stadium in Polokwane.
CONTINUE READING: Chiefs coach Nabi – 'This news is bad for me'
Will Ramaphosa testify in Phala Phala trial? NPA clears the air
At least 22 witnesses are lined up to testify in the Phala Phala trial, the National Prosecuting Authority (NPA) says.
Imanuwela David, Ndilinasho Joseph and Froliana Joseph appeared in the Modimolle Magistrate's Court on Monday in connection with the theft $580 000 (about R10.4 million) at President Cyril Ramaphosa's farm in February 2020.
The entrance of President Cyril Ramaphosa's Phala Phala game farm in Limpopo. Picture: www.actionsa.org.za
NPA Limpopo spokesperson Mashudu Malabi-Dzhangi said the 22 witnesses lined up for the trial showed that the state had a strong case against the three. However, the president will not be among the witnesses.
'We can get someone from the farm. It could be a manager or administrator to be part of the trial, not the president,' Malabi-Dzhangi told the SABC.
CONTINUE READING: Will Ramaphosa testify in Phala Phala trial? NPA clears the air
Here are five more stories of the day:
Yesterday's News recap
READ HERE: Top 10 stories of the day: Omotoso deported | ANCWL deputy president dies | SANDF troops in DRC
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Daily Maverick
4 hours ago
- Daily Maverick
In this era of spyware, Parliament must codify safeguards in surveillance law
Considering the proliferation of sophisticated surveillance technologies such as spyware, South Africa has a unique opportunity to implement a meaningful surveillance safeguard that can serve as a model regionally and globally by fixing the flaws in the Rica Bill. It has been more than four years since the South African Parliament began the reform of the Regulation of Interception of Communications Act (Rica). In 2021, the Constitutional Court declared the law unconstitutional and directed additional constitutional safeguards for surveillance. The 36-month timeline set by the court has long past, and warrant applications are delayed or unprocessed, leaving South Africa vulnerable to internal and external threats. A major factor behind this delay is Parliament and the Justice Department's minimalist approach, which conflicts with the court's mandate to address fundamental constitutional problems in the Rica Bill. The original bill passed by Parliament failed to remedy all constitutional flaws, so President Cyril Ramaphosa refused to assent and referred it back to Parliament. As the DA's Werner Horn predicted in 2023, 'the idea of a future wholesale review was a way of delaying the process which was likely to take years'. Considering the proliferation of sophisticated surveillance technologies such as spyware, South Africa has a unique opportunity to implement a meaningful surveillance safeguard that can serve as a model regionally and globally by fixing the flaws in the Rica Bill. This article explains how South Africa can achieve it. Indefinite suspension of notification keeps surveillance secret and grants permanent impunity The first flaw in the Rica Bill is the weak notification system. The introduction of a mandatory notification to surveillance subjects within 90 days of warrant expiration is a positive step; however, the implementation will probably fail. It allows suspension under vague conditions, i.e. whenever a court finds notification 'has the potential to negatively impact national security' for any period the court deems appropriate. Without clear limitations, suspension will be granted in many more cases for much longer than necessary (as found by the European Court of Human Rights in Bulgaria's notification system). Such a broad notification suspension makes accountability and remedy virtually impossible. Consider the case of journalist Sam Sole, a director of the amaBhungane Centre for Investigative Journalism, who was the plaintiff of the 2021 Constitutional Court case. Like many other targets Sole suspected he was being monitored, but lacked proof. That evidence emerged by good fortune when official intercept extracts were included in documents in another case. Sole's case is far from rare. Right2Know reports case studies where journalists only found out about the surveillance on them 'through accident, coincidence, or via a confidential source — without which it would be impossible to get any recourse'. If surveillance evidence is used in a criminal case, the subject may challenge its legality, but such cases are rare in practice. The Rica Bill does little to change the status quo, leaving the situation where, in Jacques Pauw's words, journalists 'can't do anything' with '(their) phone and emails (being) monitored'. The prospect becomes even more concerning when we consider the persistent instability the intelligence community has faced since 1994. This organisational weakness has been a root cause of surveillance abuse, notably identified by the 2018 Presidential High-Level Review Panel and the 2009 Commission of Inquiry. Yet, while the president-led reforms have led to some positive changes, they remain incomplete. International human rights law requires that people be notified of surveillance without jeopardising government interest The access to remedy is a human right. International and regional bodies consistently stress that states must provide victims of illegal surveillance access to an effective remedy (e.g. UN General Assembly, Human Rights Council, Special Rapporteur on Freedom of Expression, Human Rights Committee [see, recommendations to South Africa ], and African Commission on Human and Peoples' Rights). The knowledge of secret surveillance is the first step in achieving a remedy. Suspension thus should be strictly limited when it is necessary and proportionate to a specific legitimate aim, and should be subject to oversight. Notably, the European Court of Human Rights (e.g. in 2024 and 2022), and the European Court of Justice repeatedly clarified that notification must be provided to the surveillance subjects as soon as it can be made without jeopardising the purpose of surveillance. However, the current Rica Bill stands in contrast. It is doubtful that, without a clear condition and upper limit on suspension, notification would be issued immediately after the threat abates. Another problem with the notification system under the Rica Bill is its silence on what should be notified. To ensure access to remedy, the notification must include sufficient information so the surveillance subject could substantiate a claim to have the legality of the surveillance reviewed by a competent body. This, at a minimum, includes details such as who sought and conducted the surveillance, why and when it was done, and what information was obtained. In the case of Sole, while he (because of unique circumstances) learned of the interception, it was not enough for accountability. The government continues to insist that the application document justifying Sole's interception 'cannot be found', leaving Sole still 'left in the dark' as to whether the intrusion was legally valid. A concern that a robust notification system may deter agencies from using interception reflects a lack of understanding among agencies. The system does allow for notification to be suspended when necessary. Training is needed to ensure agencies understand that the notification framework is designed to strike a careful balance between government interests and transparency, and it should be implemented accordingly. Advanced surveillance technologies like spyware make the importance of notification even greater for accountability New tools like spyware make surveillance more intrusive and sophisticated. Spyware enables secret access to any data on a targeted device and even the alteration of data. International human rights experts are concerned that spyware may only be justified by necessity and proportionality principles in extremely limited situations. Spyware, like Pegasus by NSO Group, has been widely abused by governments worldwide to target journalists, human rights defenders, lawyers, and politicians. In South Africa, Ramaphosa's mobile phone was targeted in 2019 by Rwanda using spyware. One of the unique challenges posed by spyware is that of documenting its actual use. Some spyware can self-delete traces of itself on the target device. Moreover, many spyware operations are conducted by private vendors, adding another layer of opacity around who is conducting the surveillance. In fact, many accountability efforts related to Pegasus stem from leaked documents. This unique level of secrecy undermines the effectiveness of accountability mechanisms across the globe. For instance, in Ireland, individuals who believe they are subject to surveillance can appeal to a complaints referee to examine the legality of interception. However, individuals are less likely to realise they are being targeted by spyware. 'One-sided' warrant application process requires safeguards to prevent authorisations based on false claims The other major defect in the Rica Bill is the lack of solutions to ex parte — or one-sided — hearings. Under Rica's existing procedures, the government applies for a warrant in an ex parte hearing with only the judge and government representative present. While the exclusion of the surveillance subject from the process is necessary to achieve the goal of interception, this is a departure from traditional adversarial hearings where the judge can hear from advocates on either side of the issue. As a result, in the Constitutional Court's words, 'blatant mendacity may be the basis of an approach to (the judges)', like the journalists of The Sunday Times, who were subject to real-time interception based on 'unadulterated lies' that they were suspected ATM bombers; and the illegal surveillance over Saki Macozoma. Such misconduct is not unique to South Africa. In the United States, the FBI fabricated an email to carry out surveillance on Trump campaign advisor Carter Page, whom the FBI suspected of having ties to the Russian government. There are probably more cases that have not surfaced due to the 'complete secrecy' surrounding surveillance practices, which the Constitutional Court identifies as a root cause of abuse in surveillance. A public advocate system would help protect South African privacy rights One solution referenced by the court and supported by researchers and civil society is the introduction of a public advocate system, which is designed to bring an adversarial element to the hearing. A security-cleared lawyer would act in the interest of the excluded party (in this case, the individual subject to surveillance). While communication with the excluded parties is prohibited, public advocates typically have access to all information held by the government, including national security information, and they can submit claims, cross-examine evidence or witnesses, and challenge legal arguments. Such a system aligns with the principle confirmed by the European Court of Human Rights that 'measures affecting fundamental human rights must be subject to some form of adversarial proceedings', 'even when national security is at stake'. At least Canada, the UK, Australia, Sweden, the US, New Zealand, Denmark, Norway and Hong Kong have introduced public advocate systems since the 1980s and improved the systems, including in the context of surveillance authorisation. Notably, these countries have either maintained their public advocate programme or expanded their application. The European Court of Human Rights recognised the public advocate system as a method to address ex parte concerns, and human rights bodies have recommended that states consider including a public advocate system in the warrant application process. Governments explicitly confirmed its effectiveness. Public advocates have demonstrated impact on outcomes. Public advocates' arguments have led courts to negate warrant applications. Existing studies based on interviews with public advocates and government agencies confirm a positive trend, with public advocates increasingly successful in raising the standard for government evidence and warrant applications. The system can improve the quality of warrant applications and help reduce the burden on judges. Parliament should consider public advocate system now The Department of Justice disfavours the public advocate system without fully understanding its effectiveness because it is a new concept in South Africa. Its reluctance is evident in its lacklustre conclusion from preliminary research on the global landscape of the system. It only scratched the surface of some literature, failing to consider the latest rules, ignoring positive trends, and saying 'each country has a very different model of a public advocate, and that this role is not necessarily enabled by state surveillance legislation'. Given the emergence of spyware, the department should conduct more in-depth research into implementation models in other countries and carry out a detailed feasibility assessment of introducing the public advocate system within South African law, particularly in sensitive cases involving press freedom or source confidentiality. The department has failed to show an alternative solution. It argues that an automatic review mechanism would remedy the one-sided warrant hearing. Under this mechanism, all warrant decisions would be reviewed by another judge immediately after the original decision was made. However, such a system is simply less effective and incurs greater costs in both time and money compared with the public advocate system. As Professor Jane Duncan, who has written and worked extensively on public oversight of security agencies, has noted the review judge is likely to 'mirror the decisions', as review judges 'will still be making decisions based on the same one-sided secret evidence'. South Africa has the opportunity to implement a meaningful safeguard to be a model regionally and globally Parliament and the State Security Agency have justified concerns about the legislative gap and the resulting damage to state security. But South Africa is uniquely situated as a state that understands the damage a 'skewed notion of national security' can cause when it is 'weaponised and calculated to subvert the dignity of the majority of South Africans'. South Africa should not miss the present opportunity. The world is watching. Many countries, in Africa and beyond, are updating their surveillance laws. As the Constitutional Court stated, 'the right to privacy is singularly important in South Africa's constitutional democracy.' The world is waiting for South Africa to demonstrate its commitment to constitutional democracy — something that is urgently needed in the current global context. DM Hinako Sugiyama is a public interest lawyer licensed in both Japan and New York, USA, specialising in issues related to surveillance, human rights, and democracy. She currently supervises the work of the International Justice Clinic at the University of California, Irvine School of Law.
Daily Maverick
4 hours ago
- Daily Maverick
Dangerous, deceitful and mean-spirited — can the Trumpians be stopped?
The shambling yet catastrophic path of Donald Trump's second administration has made this writer worry that the damage inflicted on the nation by the president and his team of nihilists may not be contained, let alone reversed. Let's be clear. In South Africa, State Capture represented a sustained effort by well-connected individuals to extract wealth, usually without providing the services ostensibly being paid for by those government payments, and its tentacles reached deeply into many parts of the government apparatus. By contrast, the US version of State Capture has generally not been about a lack of services. Rather, it is an ongoing skewing of the government's services or payments that favours a select few at the exclusion of the greater good. This has gone hand-in-hand with the use of the government's powers to carry out punitive efforts against those who disagree with the incumbent president's views. Let us state clearly: this is wrong; it is increasingly dangerous; and it needs to be stopped. Decisively. For three decades, I worked as a US diplomat in Africa and Asia. I was reasonably secure in my understanding that the US's fundamental security and national interests were bound up with a nation that cherished its diversity and vigorous debate, and was broadly supportive of egalitarian economic policies domestically. Internationally, it created or strengthened partnerships with other nations in the furtherance of such goals and in opposition to those who would encourage authoritarianism. Yes, the US made mistakes, but they were not an intrinsic part of the national culture. Opposition to such breaches of faith could take hold and reverse course. I continue to believe in such values, and I hope (and still largely believe) a majority of my compatriots also do so. Unfortunately, the present administration clearly does not place much faith in these values. It shows its real temperament and contempt for us in nearly everything it says or does — at least when it is not simultaneously generating confusion and fear about its own frequently conflicting positions. At an international level, what passes for a Trump Doctrine aligns the nation with an authoritarian government like Russia, a country now engaged in a vicious, unprovoked assault on its Ukrainian neighbour. That nation is eager to be embraced by the West as an increasingly democratic, modern state. But the odd course of the Trump administration flies in the face of nearly all of Europe willing to back Ukraine, and recognising the threat to European security and peace that this invasion means. Every US diplomat and former diplomat I know cringed at the embarrassing, demeaning treatment that Trump and his lackeys doled out to Ukrainian President Volodymyr Zelensky in the White House live on television. This has come about even as Trump has continued to stroke the ego of Russia's President Vladimir Putin, strongly implying that Ukraine effectively started the war by declining to knuckle under to Russian demands regarding its sovereignty and territorial integrity. Unrequited love affair Critics on the left and, increasingly, on the right as well, describe Trump's unrequited love affair with Putin as bizarre. But it is more dangerous than simply being bizarre. It contains the seeds of future pressures on the nations on the eastern flank of Europe, ultimately degrading the achievement of a peaceful continent. In the meantime, as most readers know, the US president continues to insist Canada and Greenland must, somehow, inevitably become part of the US, even if their own inhabitants (or Denmark, as the party responsible for Greenland's foreign affairs) have repeatedly said they have no interest in such an arrangement. The bitter irony, of course, is that both Denmark and Canada have — for decades — been consistent allies and supporters of broader allied resolve under the Nato umbrella. Most recently, Trump administration officials have been attacking Western European nations for trying to establish reasonable guardrails against hate speech in their societies. Instead, US officials have been arguing that the governments of such nations are the real enemies of democracy. Where this growing animus toward Europe comes from, no one really knows, but it continues, regardless. Some ascribe it to envy that Trump (and his senior appointees) cannot rule like an eastern patrimonial despot and, regrettably, must deal with people and institutions they do not like. In the Middle East, the Trump administration had previously been locked in a tight embrace with Israel (and especially its prime minister, Benjamin Netanyahu), reaching back to Trump's first term of office, from 2017 to 2021. The newest iteration of policies is a combination of right-wing populism and business deals (for favoured friends of the president and the presidential family itself). Trump has explicitly stated that his government now has little or no interest in the internal politics or arrangements of the nations concerned. In parallel with this, the human rights office in the State Department is undergoing a serious downgrade. And the annual Human Rights Report first issued during the Carter administration — the massive report relied upon by governments and NGOs alike — is set to be dumbed down to avoid criticising governments Trump approves of, as part of the 'see no evil' aspect of his 'America First' mantra, as long as the money flows. Further, at this point, it has become nearly impossible to state with clarity what the Trump policy towards the Israel/Gaza crisis is right now, other than the constant refrain that the Abraham Accords, which created diplomatic ties between Israel and several Arab nations, should be expanded to countries like Saudi Arabia. (That nation has made it clear, however, that it sees no prospect of that happening until the Gaza fighting ends and a realistic road towards a Palestinian state comes into view.) The other limb of the current administration's efforts is to once again restrain Iran's nuclear ambitions. However, this comes after it had broken the restraints on such efforts negotiated under the Obama administration, by leaving the multicountry agreement during Trump's first presidency. Trade policies All of these issues stand in real clarity by contrast to Trump's international trade policies, which are undermining generations of pro-economic integration and pro-globalisation international economic policies pursued by all previous presidents since World War 2. In the past four months, the Trump administration has thrashed about with threats of massive tariffs, then partial retreats from such draconian levels, followed by new variations on tariffs and threats. All of this has been without clear legislative mandates. A new, rueful acronym, Taco (Trump always chickens out), has recently taken hold as shorthand for describing his chaotic economic policies. The tariffs are ostensibly designed to encourage investment inside the country as an import replacement strategy, despite nearly unanimous responses from economists that tariffs are really a new tax on consumption by domestic consumers. Moreover, any rehoming of the old-style metal-bashing industrial base is not likely to occur for years — if ever — especially if businesses cannot figure out what the tariffs and investment subsidy policies will be in the future, and with their effects on complex, globe-straddling supply chains. All this mishmash of messaging doesn't include discussions about Trump's 'Big Beautiful Bill'. This is the massive tax and budget bill that would, if passed by the Senate after its passage by the House of Representatives with one vote to spare, eviscerate yet more of the government's programmes, offices and functions, as well as skewing tax cuts to the rich. It would also include, over the longer term, cuts in healthcare programmes, and would have what economists project to be a major impact on the budget deficit and the overall level of government debt. An important critique is coming from the bond market. Or, as The Hill newspaper reported, 'On May 21, a lackluster 20-year US Treasury bond auction delivered what can only be described as a resounding vote of no confidence in Washington's economic stewardship. The numbers were as stark as they were symbolic: a bid-to-cover ratio of 2.46 and a yield of 5.047 percent — the highest in five years.' Wrecking ball And then there is the damage created by Elon Musk's so-called Department of Government Efficiency, a wrecking ball decimating or destroying agencies like the Voice of America and the National Oceanic and Atmospheric Administration (aka the weather bureau, among its other functions), and essentially eliminating most of the country's foreign aid programmes. The secretary of state can insist, as he did just the other day in an act of abject obeisance to the Trump presidency, that this latter move has hurt no one. But others point to studies showing that many thousands are on the cusp of death or have already died because of the abrupt cancellation of grants in health and nutrition, especially the Pepfar programme in Africa. Nonetheless, Musk and his chainsaw are, at least for now, out of the formal picture with the end of his special government employee status, but who knows what will happen next month — or if he will return in some other act of legerdemain. Tackling several of the country's premier cultural institutions, meanwhile, the Trump administration has attempted to remove the leadership of some Smithsonian Institution museums and the heads of the Library of Congress and the Kennedy Center, all of them for being bastions of wokeness and DEI, whatever those might mean in Donald Trump's imagination. Simultaneously, the Trump administration, waving the bloody shirt of its putative fight against anti-Semitism on college campuses, is now effectively waging a punitive war on some of the country's premier universities — cancelling research grants, threatening their tax-exempt status that underpins the country's university financial systems, and it is ramping up criticism of academics who publicly hold views that the administration sees as the enemy at the gates. All of this can have much larger impacts. As The Economist put it: 'The attacks have been fast and furious. In a matter of months the Trump administration has cancelled thousands of research grants and withheld billions of dollars from scientists. Projects at Harvard and Columbia, among the world's best universities, have been abruptly cut off. A proposed budget measure would slash as much as 50% from America's main research-funding bodies. Because America's technological and scientific prowess is world-beating, the country has long been a magnet for talent. Now some of the world's brightest minds are anxiously looking for the exit. 'Why is the administration undermining its own scientific establishment? On May 19th Michael Kratsios, a scientific adviser to President Donald Trump, laid out the logic. Science needs shaking up, he said, because it has become inefficient and sclerotic, and its practitioners have been captured by groupthink, especially on diversity, equity and inclusion (DEI)… The assault on science is unfocused and disingenuous … [and] the administration is doing it grievous damage. The consequences will be bad for the world, but America will pay the biggest price of all.' Self-inflicted damage Most recently, as an example of serious self-inflicted damage, a new report on the nation's health issued by the Department of Health and Human Services under the bizarre leadership of Robert F Kennedy Jr, turns out to have at least partially been authored by AI apps, including imaginary scientific citations and authors. This is not something Trump critics have made up; rather, the report was the Trump team's own work product, further lessening the government's credibility with many. All this comes hand-in-hand with additional clampdowns on immigration (unless you are an Afrikaner farmer, apparently), and the refusal to adhere to court orders to return US citizens or permanent residents who had been summarily shipped off to prisons in El Salvador. And now, most recently, there has been the announcement that the State Department is going to examine the social media accounts of applicants for student or study visas, as well as — presumably — revoking the student visas of numbers of Chinese students who might have connections to that country's governing party or its defence establishment as potential security risks. (Does the administration not realise that applicants are routinely screened rather carefully by the State and Homeland Security departments before they are issued a student visa?) Taken as a whole, with Trump at the helm, the US government has increasingly become an angry, even deceitful enterprise, designed to reward its supporters, but punish everybody else, either by negative actions or a bestowal of benefits selectively on its friends. There is much more beyond what is listed above, and the temper of the Trump administration seems a reflection of its leader's own mean-spirited — never forget a slight or insult — personality. They see enemies everywhere within the nation; they pick fights with nations that have been staunch allies for decades; and they somehow find warmth in embracing autocrats and absolute monarchs. That is not the ethos of the nation I represented. Many of us are now hoping that the more than 100 court suits now contesting actions by the Trump administration will begin chipping away at this shambolic journey. In some places, demonstrations against the worst Trumpian excesses are beginning. Further, we can still hope the mid-term congressional election in 2026 will redress the party balance sufficiently to give a supine legislative branch the starch to oppose some of this madness. Living abroad as I do, many of the people I encounter are confused or astounded by what is happening in the US. Worse, some are convinced Trump's madness is the real America. Too many seem to believe all Americans espouse Donald Trump's views (whatever they really are at any given time), rather than the fundamentals of the country's national character, history and traditions that I had thought I understood rather well and had conveyed to my foreign friends and acquaintances. Still, despite this litany of ugliness, I remain cautiously optimistic that even in the midst of this national 'fugue state', the country can right itself and 'the angels of our better nature', to echo Abraham Lincoln, will reassert themselves — but they had better up their game before it is too late.
The Star
5 hours ago
- The Star
Ramaphosa asks Constitutional Court to overturn NHI judgment
President Cyril Ramaphosa has appealed to the Constitutional Court in a bid to overturn a recent Gauteng High Court ruling that challenged the legality of his decision to sign the National Health Insurance (NHI) Bill into law. The controversial bill, signed by Ramaphosa in May 2024, is a cornerstone of the government's proposed overhaul of South Africa's healthcare system, aiming to establish universal health coverage for all citizens. However, the High Court in Pretoria ruled shortly afterwards that Ramaphosa's assent to the bill could be subject to judicial review — a finding that raised constitutional and procedural concerns. The court also ordered the president to provide a full record of all documentation and deliberations that informed his decision to approve the legislation. This move sparked criticism from legal and political commentators who viewed it as a significant intrusion into executive authority. Now, Ramaphosa is asking the Constitutional Court — South Africa's highest legal authority on constitutional matters — to review and set aside the High Court's judgment. In his application, the president contends that the lower court may have overstepped its bounds, arguing that it infringed on the constitutional doctrine of separation of powers. According to court papers filed by Ramaphosa, the High Court ruling 'undermines the functioning of the executive' and grants the judiciary undue influence over matters that, by design, fall within the president's discretion. He maintains that while all actions of public office bear scrutiny, the power to sign legislation into law lies squarely with the executive and must be exercised without judicial interference unless a direct constitutional violation is evident. The legal dispute unfolds amid intense national debate over the NHI, which has drawn sharp reactions from across the political spectrum. Supporters argue that the legislation is necessary to address systemic inequality in access to healthcare, while critics — including major stakeholders in the private healthcare industry — warn that the bill is vague, fiscally unsustainable, and potentially unconstitutional. The High Court's ruling added a new layer of complexity to the NHI saga, as it suggested the president's role in enacting legislation is not immune from legal challenge if the process appears flawed. Some constitutional scholars noted that the court's directive to produce the 'record of decision' implies that judicial oversight could extend into executive reasoning, a move with far-reaching implications. Legal experts say the outcome of Ramaphosa's appeal could set an important precedent for the limits of presidential authority and the role of the judiciary in legislative processes. If the Constitutional Court agrees to hear the matter, its judgment will have significant consequences not only for the future of the NHI but also for the balance of power between branches of government.
