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The Herald
18 hours ago
- General
- The Herald
Court declares Hlophe's designation to JSC unconstitutional and unlawful
The court said it was concerning that MK Party deputy president John Hlophe continues to refuse to acknowledge any wrongdoing or accept accountability, despite the adverse findings made against him by the judicial conduct tribunal, the Judicial Service Commission (JSC) and the court. The Western Cape High Court on Monday ruled that it was invalid and unconstitutional for the National Assembly (NA) to designate Hlope as a member of the JSC. The court also slapped Hlophe and the MK Party with a punitive costs order because of their statements they made that underscored their ongoing efforts to undermine the judiciary. In February last year, Hlophe became the first judge in democratic South Africa to be removed from office by parliament for gross misconduct. Hlophe then became an MP for the MK Party. Last year, the NA designated six MPs, including Hlophe, to serve on the JSC. The lawfulness of the decision was challenged by the DA, Freedom Under Law (FUL) and Corruption Watch. In September last year, three urgent applications by the three parties challenging the assembly's decision to designate Hlophe were heard simultaneously by the Western Cape High Court. The DA and Corruption Watch sought interim relief under Part A of their applications, interdicting Hlophe from participating as a JSC member pending the outcome of the proceedings in Part B. FUL sought final relief through the judicial review. The full court last year granted the interim interdicts sought by the DA and Corruption Watch. It also said FUL's application would be heard simultaneously with Part B of the DA and Corruption Watch applications. The court judgment on Monday said the matter before it concerned two narrow questions. First, whether the NA properly exercised its right and duty to consider whether Hlophe was suitable for designation to the JSC. Second, whether Hlophe, who had just been recently removed from the judicial office for gross misconduct and continued to denigrate and denounce the judicial system, was suitable for appointment. The applicants relied on a number of grounds for review of the NA's decision. One was that the NA committed a material error of law as it failed to properly exercise its discretion when it designated Hlophe to serve on the JSC, acting on the mistaken belief that his position as an MP and his nomination by the MK Party completed his designation. Another ground was that the decision to designate Hlophe, a judge recently impeached for gross misconduct, was unreasonable and irrational. They said the purpose of the JSC was to foster public confidence and respect for the judiciary and the rule of law. Designating an impeached judge who had demonstrated a complete disregard for the judiciary's integrity to participate in appointing judges undermined this purpose. The speaker of the NA indicated she would abide by the decision of the court. The MK Party and Hlophe opposed the application. The court said the decision by the NA fell to be set aside on the basis that it failed to properly consider relevant considerations, but instead considered various irrelevant considerations in arriving at its decision. 'The NA was obliged to consider a glaringly relevant fact, namely that the NA had recently impeached Dr Hlophe for gross misconduct.' The court said the NA, similar to all other organs of state, was bound by the constitution and required to comply with the constitutional obligation it imposed. 'We are satisfied that the decision to designate Dr Hlophe must be reviewed and set aside on each of the grounds advanced. The NA's decision is inconsistent with ... the constitution. 'This inconsistency, in and of itself, renders the decision unlawful. The National Assembly's designation of Dr Hlophe was neither a lawful nor rational decision considering his impeachment and the reasons thereof,' the court said in its judgment. In awarding a punitive costs order, the court said that after the full court had granted an interim interdict in Part A of these proceedings last year, Hlophe had launched an attack on the credibility of the presiding judges. When refusing leave to appeal against the punitive costs order, the full court made reference to certain remarks made by the MK Party and Hlophe after its judgment in Part A. It said the wanton attack on the judiciary could not and should not be tolerated by courts in the interests of preserving the rule of law and safeguarding the institutional integrity of the justice system. The court on Monday said, notwithstanding the findings of the full court regarding these public statements, both Hlophe and the MK Party continued to stand by those statements in their supplementary answering affidavits in the review proceedings. 'It is concerning that Dr Hlophe continues to refuse to acknowledge any wrongdoing or accept accountability, despite the adverse findings made against him by the (judicial conduct tribunal), the JSC and the courts. He maintains that the conduct that was found to constitute gross misconduct should be permissible among judges.' TimesLIVE
IOL News
27-05-2025
- Politics
- IOL News
Corruption Watch calls for investigation into failed farm worker equity schemes
Corruption Watch wants the Public Protector to launch an investigation into the failure of Farm Worker Equity Schemes (FWES), meant to empower farm workers. Image: Photo: AFP Corruption Watch has urged the Public Protector to investigate the systemic failures of Farm Worker Equity Schemes (FWES), revealing a troubling history of unfulfilled promises and ongoing injustices against farm workers. The organisation said it has received various reports from community-based organisations regarding FWES's failure to achieve its objective of contributing to land reform. The project was introduced 30 years ago following the change to a democratic government and was designed to empower farm workers by giving them shared ownership of commercial farms. The Department of Agriculture, Land Reform and Rural Development (DALRRD) implemented the project. Since last year, the department has been split into Agriculture with John Steenhuisen as Minister and Land Reform and Rural Development with Mzwanele Nyhontso as Minister. 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. 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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. Next Stay Close ✕ However, the anti-corruption body said the initiative has failed, leaving many workers without the benefits they were promised. Melusi Ncala, a senior researcher and project lead at Corruption Watch, said this was intended to be a transformation initiative that was hijacked by government officials and commercial interests who, when presented with the opportunity soon after South Africa transitioned to democracy, chose instead to lie, cheat and steal from the poor. In its letter to the Office of the Public Protector, Corruption Watch said the schemes failed due to abuse of power and an undue delay in resolving the complaints of the beneficiaries, and maladministration of FWES and the disbursement process. The organisation said that dishonesty or improper dealing with respect to public money also added to the failure of the scheme. The implementation also failed due to the lack of information, especially with respect to the financial affairs of FWES, such as shareholding and the dividends due, and paid out, to beneficiaries. The lack of oversight and regulation by the DALRRD also impacted the project. The Public Protector's spokesperson, Khulu Phasiwe, said the office did not have a record of the complaint but they will give feedback when there is an update on the matter. Oteng Makgotlwe, the spokesperson for Corruption Watch, insisted that the complaint has been filed. The Department Land Reform and Rural Development requested 48 hours to respond. Corruption Watch said that correspondence has been exchanged with the DALRRD in an attempt to raise these issues but this has not led to any substantive progress. Corruption Watch said the Public Protector should conduct an investigation into FWES and make an appropriate recommendation for remedial action as the complaint deals with the intersection between various departments as well as vehicles established for redress using public funds and in concert with the private sector. The organisation added that it was aware that a complaint must ordinarily be reported to the Public Protector within two years from the date of the occurrence of the incident. However, the issue of FWES does not have a fixed start and end date, instead, it is a continuing and systemic problem that remains unresolved and ongoing to this day. 'Another reason for only bringing this matter to the attention of your office now is that the affected beneficiaries, along with the organisations assisting them, have been diligently attempting to exhaust all available avenues and remedies before approaching your office. This is clearly demonstrated by the extensive correspondence and attempts at resolution outlined in paragraph five of this letter. This complaint is therefore submitted in good faith and the interest of justice, given the persistent nature of the issues at hand,' read the letter. The government previously commissioned consultancy firm ZALO Capital to review FWES on the basis that they thought something was amiss. Completed by 2013, the report highlights a review of almost 89 equity schemes – the majority of which are in the Western Cape and the rest are sprinkled across the Eastern Cape, Mpumalanga, and other farming regions in the country. The report found that there were significant financial irregularities, mismanagement, improper accounting practices, and other forms of possible malfeasance. Ncala said the report, which was presented to the DALRRD, has since disappeared, claiming 'the department swiftly smothered it'. 'It is deeply ironic that the country now finds itself targeted by a treacherous disinformation campaign, about imaginary 'land confiscations' and 'mass killings', while farm workers continue to be abused, displaced, and dispossessed of everything they have, including their land. This is the true reflection of the state of our society,' he said. * This story will be updated when the Department of Land Reform and Rural Development responds.
Daily Maverick
23-04-2025
- Politics
- Daily Maverick
Lest we forget, we also fought for freedom from corrupt politicians
Freedom Day in South Africa commemorates the first post-apartheid elections on 27 April 1994, marking the dawn of democracy in the country. In 1994, most South Africans shared a common desire to see the country succeed and fulfil its diverse potential. So many of us were excited about the new democracy and the freedoms it brought. We were ready to make a constructive contribution. Sadly, our country has deteriorated over the past 15 years or more. Unprecedented damage on various levels has left many South Africans still longing to experience the real benefits of freedom. We have poor service delivery and unbridled corruption, to name just two. Much of this harm can be linked to a lack of moral leadership, moral insight and moral judgement. Without these, politicians only pay lip service to the realisation of hard-won freedoms. In a recent article commemorating Human Rights Day, I referred to former President Thabo Mbeki's denialist HIV/Aids policy that violated many South Africans' right to access basic healthcare — a right that is guaranteed in our Constitution. I argued that Mbeki's denialism directly led to our country's current high HIV infection rate and cost many lives. I also reasoned that Mbeki is guilty of serious negligence and of ignoring the health rights of many. He should contemplate his moral guilt and apologise to South Africans for not acting in accordance with the Bill of Rights. He is accountable because, as an intellectual, he should have known better. Of course, there were also positives during Mbeki's time as president, especially regarding the economy and placing Africa high on the global agenda. Who will forget his famous I am an African speech in 1996? Moral leadership In 2014, I wrote the following on Netwerk24, aimed at former president Jacob Zuma: 'This is what a moral leader looks like, Mr President'. I made a similar argument in a piece for The Conversation in 2017. In both these articles, I indicated what moral leadership is and emphasised the need for role models in this regard. It is about leading by example, prosperity for all, justice, trust and expertise, among other things. Considering this, the moral shortcomings of former President Zuma became clearly apparent. State Capture is a very good example of corruption and, consequently, immoral behaviour. If one considers moral leadership, moral insight and judgement, Cyril Ramaphosa inevitably comes to mind – especially in relation to the Phala Phala saga, which Corruption Watch has described as a classic example of corruption. In June 2022, news broke that Ramaphosa was at the centre of a controversy after $580,000 was stolen from a sofa at his Phala Phala game farm, near Bela Bela in Limpopo. Former spy boss Arthur Fraser lodged a criminal complaint against Ramaphosa. Although he initially alleged that around $4-million of undeclared foreign currency had been stolen, subsequent reports indicated that it was $580,000. This money was paid by the Sudanese businessman, Hazim Mustafa, for buffalo that had been purchased. Evidence, however, shows that the sale was not completed, not even intended. This raised the question: what was the money really for? On 30 November 2022, the Speaker of Parliament received the report of a panel — consisting of three esteemed jurists — appointed by the National Assembly, accusing Ramaphosa of 'serious misconduct'. They found that there was a prima facie case against him. Unsurprisingly, he denied any wrongdoing. Ironically, the National Assembly voted against the implementation of the panel's findings. Prior to this vote, Ramaphosa applied to the Constitutional Court to have the report declared unlawful and invalid. At the time, this parliamentary decision prevented any process that could potentially have led to Ramaphosa being indicted, despite all the signs of wrongdoing. The Constitution contains nearly 40 provisions that give the legislature authority and the obligation to hold the executive accountable. Opposition parties also accused the South African Reserve Bank of a claptrap report and systemic cover-up. The Democratic Alliance asked the Reserve Bank and SARS to investigate the Phala Phala saga to determine whether an illicit flow of funds and money laundering were involved. In the meantime, the Minister of Police, Senzo Mchunu, has announced that the Independent Police Investigative Directorate's final Phala Phala report has been classified as ' top secret '. For me, the real violation is the fact that the president, who helped formulate our progressive Constitution, used state-paid personnel to handle a private matter on his behalf. A case should have been opened at the nearest police station when he became aware of the burglary on his farm. Instead, he decided to use state resources — resources that are meant to protect him as president, not his private dealings. What does this say about his moral insight and judgement? Doesn't this straddle the intersection between public and private-sector corruption? How is this different from a traffic officer or a school principal using a government vehicle for private purposes? Selective accountability In a country virtually permeated by corruption and immoral behaviour, we cannot allow a political elite to selectively apply accountability and thereby justify wrongdoing. This is not what South Africans signed up for in April 1994. We fought for many freedoms, including freedom from corrupt politicians who lack moral leadership and judgement. To combat corruption effectively — and so that South Africans can truly taste the fruits of freedom — those in power must demonstrate integrity, responsibility and transparency, and the government must act in a way that fosters public trust. Fortunately, not all is doom and gloom. We are much better off than we were before 1994. For example, access to household piped water and electricity increased; millions of people were lifted out of dire poverty; laws have been introduced and programmes undertaken to enable black people and women to advance in the workplace; and we have made progress regarding inclusivity, diversity, equality, solidarity, non-racialism and non-sexism. On Freedom Day, we can treasure the fact that when leaders fall — even the so-called untouchables — and governments are replaced, our hard-won democracy and Constitution will remain. Of course, only if we keep fighting for them. This is an ongoing battle for the soul of our nation, which is largely in our hands. DM
