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IOL News
4 days ago
- Politics
- IOL News
Defending Democracy: The Role of Chapter 9 Institutions Amidst Attacks
Operation Dudula and Abahlali Basemjondolo converged on the corner of Jorissen and Melle streets in Braamfontein as tensions rose between the two movements, which hold opposing views on the issue of foreigners in the country. Image: Itumeleng English / Indepedent Newspapers Last week (July 17, 2025) we participated in a demonstration when a group failed with hate, marched to the offices of the Socio-Economic Rights Institute (Seri). While Seri were targeted by this group which one journalist called "vigilante anti-immigration group Operation Dudula", they were attacking something much wider: our democracy. On their posters, they informed the public that their march was against "Unpatriotic NGOs and Chapter 9 Institutions Must Fall!!!" The poster for the demonstration. Image: Supplied Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Under attack were groups like the Helen Suzman Foundation, the Human Rights Commission and Seri. Their poster accused these NGOs for protecting criminals – illegal immigrants. When we met them outside the Seri offices, police were on hand to ensure peace under trying circumstances as a few in the group dressed in expensive military fatigues, and carried intimidatory rocks as they hurled insults at us. The march against these groups was defended by others in the civil society movement, groups such as Kopanang Africa Against Xenophobia, Abahlali baseMjondolo, the Inner City Federation, and the South African Informal Traders Forum – the glaring absence from other political and civic formations in particular unions in defending if not the NGOs but a Chapter 9 body was obvious and glaring. Austerity: friendly fire? The Human Rights Commission were singled out because they reaffirmed the principles and values of the Constitution and the rulings of the Constitutional Court on health care for all. But this must not hide the fact that the Commission has been injured by friendly fire – our government. The austerity measures of the government against the people and these bodies that are supposed to serve the public is the real enemy. It would be good, even with the fiscal repression, to have seen democrats from all hues and shades that profess to love the constitution be present and make a stand for this Constitution and its values. For the uninformed, bodies like the (a) The Public Protector; (b) The South African Human Rights Commission; (c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities; (d) The Commission for Gender Equality; (e) The Auditor-General; and (f) The Electoral Commission, all are known as Chapter 9 institutions. They take their name from the chapter of the Constitution with the heading: Chapter 9: State Institutions Supporting Constitutional Democracy. Political economist Ebrahim-Khalil Hassen argues that Chapter 9 institutions, including the Human Rights Commission, face significant challenges as budgets are unlikely to grow significantly. He shows that the SAHRC programme on 'monitoring observance of human rights' budget will decline by 10% between 2024/25 and projected budget in 2027/28. While the government websites extol the virtues of our participatory democracy and the role of the Chapter 9s as being a check on power, they do not fund these sentiments. The writer beautifully quotes former Chief Justice Pius Langa when he states that their role is 'to secure the freedom of every citizen by seeking to avoid an excessive concentration of power, which can lead to abuse, in one person or body'. Is the underfunding just about our poverty or is it an ideology of austerity that inevitably undermines us all, starting with civic organisations, including those constitutional bodies that are mandated to keep a check on power? While you ponder on this, think what could be achieved if the funds would have been used to revitalise bodies like the SAHRC and others that are supposed to do their work without fear or favour? It is not all doom and gloom, and I feel I must end with these two hopeful takeaways from the recent events. Firstly, I will be failing to mention that the staff and leaders at Chapter 9s are doing a sterling job and are committed to do so against all odds. They could do better with greater citizens' pressure, critical participation and support so that they can deliver on their mandate without fear or favour. In addition to the SAHRC, we have the Auditor General of South Africa (AGSA), a body that has not failed to tell the government about how it is using public funds, and they are not afraid to call out the government in cases of corruption, or where funds were not used properly. Citizens and civil society groups could do better by reading their audit reports and helping them (and us) to widen the base and culture of transparency and accountability that the AGSA have been trying to grow. Similarly with the Electoral Commission (IEC) which, despite austerity, has maintained its mission of being an ' independent constitutional body which manages free and fair elections of legislative bodies and institutions through the participation of citizens, political parties and civil society in deepening electoral democracy'. In conclusion, I return to the protests and confirm that it was democracy in action as a civic society consisting largely of the working class and poor were engaged in debate on the streets. Amidst song and toyi-toyi at the defence of the Seri offices, one of the leaders of the shack-dwellers movement Abahlali baseMjondolo and coordinator of the peaceful gathering, Sbu Zikode, spoke directly to the leaders and the few members that attended from Operation Dudula. He said that they were targeting their ire and fire and the wrong people and called on them to join the struggle for real socio-economic and political justice that is inclusive and not hateful. That invitation I believe still stands. * Hassen Lorgat is a social justice activist who has worked in trade union and anti-apartheid sports movements. ** The views expressed do not necessarily reflect the views of IOL or Independent Media.
IOL News
15-07-2025
- Politics
- IOL News
'Disappointing': Busi Mkhwebane criticises Ramaphosa's SAPS inquiry as a waste of resources
Mpumalanga convenor of the MK party, former Public Protector Busisiwe Mkhwebane. Image: Independent Newspapers Former Public Protector and Umkhonto weSizwe (MK party) Mpumalanga convenor, Busisiwe Mkhwebane, has lambasted President Cyril Ramaphosa's move to place embattled Police Minister Senzo Mchunu on special leave, and the establishment of a commission of inquiry into allegations regarding law enforcement agencies. IOL reported on Sunday that while the placement of Mchunu on special leave was applauded by some, the decision to establish a commission of inquiry into allegations regarding the South African Police Service (SAPS) was largely criticised. Political analysts said that the commission could be a waste of time and resources, like the Zondo commission, which was established to investigate the allegations of State Capture in 2019. In an interview with broadcaster Newzroom Afrika, Mkwebane said the resources channeled towards the commission of inquiry could be funneled towards improving the SAPS. "I would say, being the former Public Protector, it is very disappointing. The country is in tatters, and the decision that the president has taken, won't take us any further. We are still going to be impacted because no commission of inquiry was ever implemented. The president has usurped the powers of Chapter 9 institutions. The worst part is that the commission of inquiry just makes recommendations, holding the country in suspense. "We need resources, as Mpumalanga as well, we need resources. You put a minister on special leave, why not remove the minister, because the president, in terms of the Constitution, has the powers to do that immediately. Why waste resources? You appoint somebody who is a director of Corruption Watch, funded by foreign backers like George Soros. I think he is putting the country deep, deep into trouble and that will impact us as a province." Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Prof. Firoz Cachalia Image: Facebook Ramaphosa announced the appointment of Professor Cachalia as acting minister of police, pending the outcome of the commission of inquiry. Cachalia, a legal academic and chairperson of the National Anti-Corruption Advisory Council, will assume the role in August. Cachalia, 66, is a former anti-apartheid activist, lawyer, academic, and experienced public servant. Born in Benoni in 1958, he became involved in student politics against apartheid in the late 1970s and 1980s. Mkhwebane said the province of Mpumalanga, like other provinces in South Africa, is bedevilled by massive unemployment levels. She said fighting the scourge of corruption requires a head-on approach, not commissions of inquiry. "That money should have been utilised to make sure that the police are quick, they arrest and remove people who are not supposed to be there because there is evidence which commissioner (KwaZulu-Natal provincial police commissioner Nhlanhla) Mkhwanazi has delivered. I think this is disappointing," she said. Ramaphosa on Sunday announced his decision to establish the commission of inquiry and place Mchunu on special leave following allegations made by Mkhwanazi, who accused Mchunu of sabotaging a probe into political killings by seizing 121 open case files in March and pushing to disband the team tasked with the probe. Mkhwanazi claimed that Mchunu had connections to members of a crime syndicate. He also accused some senior police officials of being involved in corruption. IOL News
TimesLIVE
14-07-2025
- Politics
- TimesLIVE
MPs to seek legal opinion on allegations against auditor-general
The standing committee on the auditor-general met to consider a legal opinion from parliament's constitutional and legal services office on how to proceed with a complaint lodged by a former staff member against auditor-general Tsakani Maluleke. The complaint, submitted in August 2022, alleged misconduct by Maluleke in relation to financial transactions involving her predecessor, the late Thembekile Kimi Makwetu. Mlungisi Mabaso, a former chief people officer, claimed Maluleke, while serving as deputy auditor-general, improperly authorised an R860,000 advance on deferred compensation to Makwetu and a R575,000 payment for bond transfer costs. He also questioned a subsequent interest payment to Makwetu's widow. The auditor-general's office denied wrongdoing and commissioned an external legal opinion by advocate Werner Krill and an investigation by Bowmans. Both found no evidence to support the allegations. According to a statement from the auditor-general in 2022, Mabaso was dismissed after an independent disciplinary process for gross misconduct, among other charges. The matter was brought to the attention of the sixth parliament's committee, which held closed and open sessions in August and September 2022. However, no formal resolution was adopted and no communication was sent to the complainant. In February 2025, Mabaso resubmitted the complaint to the committee, alleging it had been improperly handled and requesting it be formally investigated. Presenting the legal opinion, Fatima Ebrahim of the constitutional and legal services office, said while the previous committee had engaged with the matter, the absence of a formal outcome had contributed to perceptions of a lack of transparency. 'Unfortunately there's no report or resolution regarding the findings or conclusion of the previous committee on the matter,' she said. Ebrahim recommended the committee apply its mind and reach a resolution, either to reopen the investigation or conclude it based on the available evidence. The legal opinion emphasised the constitutional status of the auditor-general as a Chapter 9 institution and the importance of safeguarding its independence, impartiality and dignity.
IOL News
11-07-2025
- Politics
- IOL News
Public Protector Kholeka Gcaleka probes Senzo Mchunu: Here's the focus of her investigation
The office of Public Protector Kholeka Gcaleka will probe the damning allegations against Police Minister Senzo Mchunu. Image: Jonisayi Maromo/IOL Public Protector Kholeka Gcaleka will investigate embattled Police Minister Senzo Mchunu after a complaint was launched by the African Transformation Movement (ATM), which described the police minister's actions as a 'flagrant episode of abuse of power'. Earlier this week, IOL reported that in a letter backed by WhatsApp messages, audio recordings, and financial documents, the ATM alleged that Mchunu colluded with businessman Brown Mogotsi and murder-accused businessman Vusimuzi 'Cat' Matlala to derail critical investigations in the South African Police Service (SAPS), and shield politically connected individuals from justice. At the heart of the scandal is the collapse of the elite KwaZulu-Natal political killings task team, a unit that had secured over 100 convictions and made breakthroughs linking firearms to a string of high-profile assassinations. The allegations that recently rocked the country were made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi on Sunday. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Following ATM's complaint, IOL has seen a letter from the Public Protector's office, signed by Acting Chief Operations Officer, advocate Nelisiwe Nkabinde, confirming the probe sought by ATM Member of Parliament, Vuyo Zungula. In his complaint, the parliamentarian had urged the Public Protector to investigate Mchunu's conduct under the Executive Members Ethics Act (EMEA) of 1998. Zungula contended that Mchunu's actions breached the Executive Ethics Code, citing the collapse of the effective political killings task team of the SAPS, and alleged ties to criminal elements alleged by Kwazulu-Natal provincial police commissioner, Lieutenant General Nhlanhla Mkhwanazi, as evidence of misconduct. ATM Member of Parliament, Vuyo Zungula Image: Supplied In the Public Protector's response, the Chapter 9 institution stipulated that it would probe the following allegations, including whether Mchunu lied about his relationship with Brown Mogotsi, denying knowledge of the North West politician in a March 2025 parliamentary committee session. This week, Mchunu turned around, describing Mogotsi as 'just a comrade'. The Public Protector will investigate whether Mchunu disbanded the political killings task team of the SAPS. Another allegation is whether Mchunu unduly delayed and derailed the investigation of cases 'many of which are linked to politically sensitive investigations, with an intention to protect criminal syndicates. The Public Protector will also probe whether there was a conflict of interest in the awarding of a R360 million SAPS contract to Matlala. However, the Public Protector's office told Zungula that due to the several complaints raised by the parliamentarian, the extensive investigation will not be finalised within 30 days as prescribed by Section 3(2) of Executive Members Ethics Act (EMEA). Meanwhile, President Cyril Ramaphosa has called a family meeting on Sunday to address allegations that Mchunu and senior police leadership are linked to a criminal syndicate with ties to drug cartels. This comes as the DA, uMkhonto weSizwe party (MK), and the EFF on Thursday lodged criminal complaints against Mchunu, accusing him of misleading Parliament and being linked to individuals allegedly involved in the capture of the SAPS. IOL News
Mint
03-07-2025
- Business
- Mint
Toms River schools choose bankruptcy over crushing tax hikes and whopping $175 million aid cuts
Toms River schools, one of New Jersey's largest districts, voted to file for Chapter 9 bankruptcy after refusing to raise property taxes another 12.9%. This comes after last year's 9.3% increase, totaling a crushing 22% hike over two years for homeowners. State officials had ordered the district to either pass this tax-heavy budget or shut down all programs immediately. But, Superintendent Michael Citta declared summer classes would continue anyway, calling the state's demands 'illegal and immoral.' The bankruptcy filing pauses debts and lawsuits while the district reorganizes its finances. Over seven years, New Jersey's school funding changes slashed $175 million from Toms River's budget, forcing 250 teacher/staff layoffs, school sales, and packed classrooms. Though state aid rose slightly this year, the district still faces a $22 million deficit. Republican lawmakers blame Governor Murphy's "flawed and politically driven" funding formula, arguing it punishes Ocean County for voting Republican. Residents already pay some of America's highest property taxes, with schools consuming over 50% of local tax bills in many towns. Toms River's bankruptcy threat, extremely rare for a district with a good AA-credit rating, could rattle investors. Its bonds recently traded at high yields, signaling market worry. This isn't isolated: 9 New Jersey districts like Lakewood and Jackson also face desperate cuts after aid losses. Governor Murphy's new $58.8 billion state budget boasts record school funding overall, but offers Toms River no relief. The district now races to file Chapter 9 paperwork before potential state lawsuits, vowing: 'We won't abandon our students.'
