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IOL News
a day ago
- Politics
- IOL News
Rule of Law: Judicial Accountability is Healthy for Democracy
Protest: EFF leader Julius Malema led a march to the Constitutional Court demanding that President Cyril Ramaphosa be held accountable for the Phala Phala scandal. The question regarding the judiciary's independence is not so dissimilar to the former President Thabo Mbeki's reaction to the ANC's parliamentarians' vote to squash the establishment of a Multi-Party Committee to investigate whether President Ramaphosa has a case to answer on the Phala Phala farmgate scandal, says the writer. Prof. Sipho Seepe Umkhonto we Sizwe Party (MKP) argues that 'Members of Parliament are required to declare their assets; therefore, the same standards should apply to judges, who wield immense constitutional power and influence. Judges must be held to a higher standard of scrutiny and accountability. South Africa cannot afford to have a judiciary shielded from the same transparency expected of other arms of state.' The self-appointed guardians of our democracy would have none of it. The judiciary is a no-go area. After all, conventional wisdom dictates that judges are paragons of virtue. They cannot be compared to corruption-prone politicians and public officials. Counterposing MKP's call is an argument that says, 'Judges are already subject to the most stringent asset and income declarations of all public office bearers'. Also, subjecting judges to lifestyle audits would imply suspicion of corruption. If stringent processes for probing judicial integrity are in place, MKP's call should not pose a problem. A case of suspicion has been made. According to the 2018 Afrobarometer survey, a publication of the Institute for Justice & Reconciliation, 32% of South Africans suspect that judges are involved in corruption. In 2002, the level of mistrust was 15%. Chief Justice Mandisa Maya is on record that there are issues that require urgent attention including 'the report of the 2021 Afrobarometer survey that the public's trust in the judiciary has declined…loss of confidence in the judiciary does not augur well for the rule of law and our democracy'. She concluded that 'the judiciary itself needs to do an introspection and check if we are to blame for this change of attitude towards the institution.' Delivering the Nelson Mandela Lecture, former Chief Justice Mogoeng Mogoeng raised a similar concern. 'There is an attempt to capture the judiciary…. any captured member of the judiciary will simply be told or will know in advance, when so and so and so and so are involved, we'd better know your place. Or when certain issues are involved, well, the decision is known in advance'. Far from being denialists, Mogoeng and Maya have approached the subject with a certain degree of maturity. Theirs is to call for vigilance against attempts to undermine (or shield) the judiciary. All that MKP has done is put the matter up for public debate. For Joe Soap in the street, the question regarding the judiciary is not so dissimilar to the former President Thabo Mbeki's reaction to the ANC's parliamentarians' vote to squash the establishment of a Multi-Party Committee to investigate whether President Ramaphosa has a case to answer on the Phala Phala farmgate scandal. Mbeki asked. 'Are we saying that we suspect or know that he (Ramaphosa) has done something impeachable and therefore decided that we must protect our president at all costs by ensuring that no Multi-Party Committee is formed?...... We acted as we did [as if] there was something to hide'. MKP's call for judges to be subjected to lifestyle audits coincides with President Ramaphosa's initiation of the process for the appointment of the Deputy Chief Justice. The position became vacant following the elevation of Justice Mandisa Maya to lead the apex court. For his part, President Ramaphosa nominated four judge-presidents. With Mahube Molemela (Supreme Court of Appeal having declined the nomination, the remaining contenders comprise Dunstan Mlambo (Gauteng), Cagney John Musi (Free State), and Lazarus Pule Tlaletsi (Northern Cape). The Judicial Service Commission, headed by Chief Justice Maya, is expected to pronounce itself on the suitability of the nominees for the position. To be clear, this is a political appointment. With the recycling of Mlambo after his failed bid for the position of Chief Justice, it is a safe bet that Mlambo will get the position. Hopefully, this time around, President Ramaphosa will not go for a demonstrably weak candidate. This would be a case of history repeating itself. A knee-jerk response to MKP will not remove the lingering suspicions of bias. First, far from ubiquitous misconceptions, judges are neither necessarily wise nor omniscient. They are no angels. They are as human and as fallible as all of us. They are prone to self-interest and self-preservation, which may not cohere with the principles of justice. Second, judges do not exist in a vacuum. They are socio-cultural and political animals. There are many instances where history and politics cloud their judgments. The Constitutional Court's ruling regarding a tussle between the City of Tshwane Metropolitan Municipality and AfriForum on changing street names is a case in point. In challenging the Tshwane Municipality regarding its decision to change street names to names of struggle icons, AfriForum had, among other things, argued that doing so would violate the constitutional right of the Afrikaner people to enjoy their culture. The Gauteng High Court had ruled in favour of AfriForum. A majority judgment by Mogoeng CJ concurred by Moseneke DCJ, Bosielo AJ, Jafta J, Khampepe J, Madlanga J, Mhlantla J, Nkabinde J, and Zondo J, upheld the appeal against the lower court. Justices Cameron and Froneman dissented. This couldn't be a mere coincidence that all black judges saw things differently from their white colleagues. It is highly possible that socio-political and cultural experiences played a role in arriving at this ruling. Another instance relates to a case in which a full bench (three judges) of the Gauteng High Court decided to offer a political commentary on a matter involving Eskom. Nailing their political flags to the mast, the three judges contended that the 'new dawn that engulfed the country in 2018 did not miss Eskom Holdings SOC Limited (Eskom). It brought life to Eskom in that in January 2018, Eskom's old and inactive leadership was replaced by new leadership with new life to undo years of maladministration and corruption within the organization.' It didn't take long before the country was plunged into rolling blackouts. The fall from Ramaphoria to Ramaruin happened at lightning speed. Lastly, members of the judiciary have not covered themselves in glory. We need not go further than recall the unseemly spectacle that played itself during the publicly televised interviews for the position of Chief Justice. It was evident that Justice Raymond Zondo was a spectacularly poor performer. Only three commissioners reportedly gave Zondo a thumbs-up against the current Chief Justice Maya's twenty-one votes. A discerning individual would have declined the appointment. We must not underplay the extent to which many of our judges are beholden to neo-colonialism. After all, they are part of 'a native elite faithful and [compliant] to the needs of the colonialists. It was largely through educational processes at all levels that these elites were moulded and culturally turned.' It is not an accident that we have courts that foreground 'colonially borrowed languages; languages that are hardly understood by [their audience], and languages, which even these speakers handle with difficulty and grammatical inadequacies.' The sooner we demythologize members of the judiciary, the better for us. * Professor Sipho P. Seepe is an Higher Education & Strategy Consultant. ** The views expressed do not necessarily reflect the views of IOL, Independent Media or The African.
IOL News
4 days ago
- Politics
- IOL News
After Manyi's axing, focus now turns to MKP's Floyd Shivambu's future in the party
MK Party leader Jacob Zuma is said to be considering sacking Floyd Shivambu as a Secretary-General of the party. Image: archives The Jacob Zuma led MK Party (MKP) decision to axe Zuma's longtime confidante Mzwanele Manyi as Chief Whip has raised questions over the future of the current Secretary-General Floyd Shivambu. It has been reported that Manyi's removal as a party's parliamentary chief whip was prompted by his fallout with Zuma's deputy John Hlophe and stemmed from the State of the Nation Address debate where Manyi reportedly duped Hlophe into delivering a speech under the pretext that it was supplied by Zuma. It later emerged that Manyi had allegedly lied and the two exchanged heated arguments in front of the caucus members in a meeting which many said almost degenerated into physical fight. Party insiders said Manyi's removal signaled that more significant changes were to come and Shivambu's position was tenuous, especially after he had a fallout with Zuma's daughter, Duduzile Zuma-Sambudla. MKP spokesperson Nhlamulo Ndhlela on Thursday dismissed the suggestions that Shivambu would be axed as 'rumours', accusing those behind these messages of being 'sensationalists'. "There is no correlation between Manyi's removal as chief whip and Shivambu. What does Manyi's removal have to do with the work of our SG. People always want to speculate (about these) things and we have heard this for a long time. There is no truth in this," said Ndhlela. Party members from Gauteng and KwaZulu-Natal, who spoke on condition of anonymity, said the fact that Duduzile was not charged for publicly insulting Shivambu was a sign that Zuma was not prepared to sacrifice her over Shivambu. 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 In February Zuma-Sambudla issued a public apology after using social media platform X to hurl insults at Shivambu. 'I do not think Shivambu will survive the coming political changes in the party. His issue is not only with Duduzile but also with party members in KwaZulu-Natal and Gauteng who are not comfortable with his leadership style. When Phumlani Mfeka resigned as both a party member and a member in the KwaZulu-Natal Legislature, he cited issues with Shivambu as one of the reasons,' said a source. Mfeka, who is the leader socio-economic group Injeje which is advocating for African nationalism, commands a lot of support from traditional leaders - something that Zuma regarding as an important constituency for his party. Dissenting voices within MKP have also been complaining about the parachuting of newcomers in the party, saying they were given senior positions while the founding members were being overlooked. Addressing the media on the sidelines of the national high command in Durban last month, Shivhambu dispelled rumours that there were members of the party who were not happy with his leadership and presence in the party. He said no member has raised these issues in the formal meetings of the party and he would not entertain faceless voices on social media platforms.
IOL News
5 days ago
- Politics
- IOL News
Mzwanele Manyi says fallout with Hlophe not the reason behind MKP axing him as chief whip
The MKP parliament has sacked Mzwanele Manyi as the party's Chief Whip in Parliament. Image: Chris Collingridge/Independent Newspapers Axed Umkhonto weSizwe Party parliament chief whip Mzwanele Manyi said his rift with the party's caucus leader Dr John Hlophe was not behind his removal from the senior party position. The MKP announced that Manyi was removed as a chief whip on Tuesday to be replaced by Colleen Makhubele, with party sources saying this was the outcome of conflict that had developed during the State of the Nation Address (SONA) earlier this year. Manyi reportedly coerced Hlophe to deliver a speech Manyi had given him at the last minute instead of the one Hlophe had prepared. Hlophe, as the official opposition leader was responding to President Cyril Ramaphosa SONA speech. Manyi was alleged to have told Hlophe that the speech was from party founder, Jacob Zuma, however, after it emerged later that Zuma was unaware of the speech and Hlophe was reportedly furious and confronted Manyi in a caucus meeting. On Wednesday Manyi denied claims of a fallout with Hlophe, saying that it would be difficult to reach that conclusion and this was not the reason provided by the party for his removal. 'I do not believe that my removal had anything to do with what happened during the SONA. My relationship with Hlophe as our caucus leader is fine. We talk a lot so I can't say he removed me for that. I will continue with my role as ordinary MP so there is no big deal in my removal. This was just an administrative role,' said Manyi. 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 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. Next Stay Close ✕ He said his removal as chief whip will not affect his political standing in the party since the position is an administrative role, adding that he still has a good relationship with Zuma and remains spokesperson of the Jacob Zuma Foundation. However, a senior MKP member in KwaZulu-Natal, who is close to Zuma, said more significant changes are coming as Zuma has returned to the country after a trip to China. The source, who spoke on condition of anonymity, said although Hlophe had written to Manyi informing him that he was no longer chief whip, this would not have happened without Zuma's approval. 'This is not the end of the shake up, in fact it is the beginning since the president (Zuma) had indicated that he would announce big changes when he comes back from overseas. In a couple of days you will hear a big political announcement by the MKP and people will be shocked,' said the source. Manyi's removal shocked many as he had been close to Zuma before the establishment of the MKP. Zuma entrusted him with the position of spokesperson of his foundation while Manyi was still with the ATM and Manyi continued with this role even after joining EFF. He dumped the EFF in August last year for the MKP and was immediately appointed chief whip, replacing the former party secretary Sihle Ngubane.
IOL News
22-05-2025
- Politics
- IOL News
Steenhuisen reveals GNU's purpose: Blocking EFF and MKP from power
DA leader John Steenhuisen's comments during the meeting between the South African government delegation and US President Donald Trump on Wednesday have been criticised for not adequately dispelling the notion of white genocide in South Africa. Image: Ayanda Ndamane Independent Newspapers DA LEADER and Agriculture Minister John Steenhuisen openly stated that the Government of National Unity (GNU) was created to prevent the uMkhonto weSizwe Party (MKP) and the Economic Freedom Fighters (EFF) from gaining access to state power. This revelation was made during a high-profile meeting on Wednesday, where President Cyril Ramaphosa and his delegation, including Steenhuisen, met with US President Donald Trump at the White House. During the meeting, Trump played video clips of EFF leader Julius Malema and former president Jacob Zuma, now the leader of MKP, chanting versions of the controversial anti-apartheid song Dubul' ibhunu ('Kill the Boer'). He questioned Ramaphosa on the issue of farm attacks, suggesting that white farmers were being targeted in South Africa — a claim that has long been politically charged and widely disputed. Ramaphosa, instead of responding directly, deferred the question to Steenhuisen. In his response, Steenhuisen referred to the EFF and MKP as 'small parties' and openly stated, 'We are in the GNU to keep EFF and MK out of the Union Buildings.' His comments have sparked outrage from the MKP and the EFF – both very popular parties with massive support. The MK Party's spokesperson Nhlamulo Ndhlela said Steenhuisen's remarks confirmed what they had been claiming for months, that the GNU was a coalition formed for narrow political interests and did not have the interests of South Africans at heart. 'We have been saying for a long time that the so-called GNU is a coalition formed by self-serving politicians. It does not represent the will or interests of ordinary South Africans,' said Ndhlela. 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 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. Next Stay Close ✕ The MKP, now the official opposition party in Parliament with 58 seats, was among the parties that opted not to participate in the GNU. The ANC saw a dramatic drop in support in last year's national elections — falling from 58% to 40%. Faced with the prospect of losing power after the elections, the ANC went, hat in hand, to other political parties lobbying them to create a unity government, similar to that of the post-apartheid arrangement under President Nelson Mandela. That historic GNU included figures like FW de Klerk and IFP leader Inkosi Mangosuthu Buthelezi. In contrast, the current version comprises ten parties, including the DA, that agreed to support the ANC's weakened majority. This alliance extended into provinces such as KwaZulu-Natal, which now operates under a Government of Provincial Unity (GPU) made up of the ANC, DA, IFP, and the National Freedom Party (NFP). Once again, the MKP, which is the biggest party in the province with 37 seats out of 80 in the provincial legislature, and the EFF, were notably excluded. According to Ndhlela, the entire political arrangement is illegitimate. 'This is not a unity government. It is a political pact meant to sideline real challengers and maintain control. The people will see through this,' he said. The discussion on farm murders continues to be a point of contention in South African-American relations. Trump's administration has frequently raised concerns about alleged violence against white farmers and also offered refugee status to Afrikaner families. However, only 49 families accepted the offer and relocated to the US. The South African government has repeatedly denied claims of racially motivated violence. Wednesday's meeting was viewed as a critical attempt by the Ramaphosa administration to repair its strained relationship with the US. Still, some say the cost of appeasing American interests may be too high. The EFF, in a statement following the meeting, accused Ramaphosa of betraying South African values: 'Ramaphosa abandoned South Africa's sovereignty and constitutional principles to appease white monopoly capital and Western imperialism. Surrounded by elites like Johann Rupert and John Steenhuisen, he failed to defend a liberation song that our highest courts have upheld.' Durban-based political analyst Thobani Zikalala argued that Steenhuisen's remarks reflect a broader agenda. 'To say the GNU exists to block the EFF and MKP is to ignore the democratic process. These are the third and fourth largest parties in the country. You cannot erase them from the political map,' he said. Zikalala added that the DA's approach reveals a desire to preserve the status quo: 'This is about preserving white minority privilege. The DA has always been uncomfortable with any party that challenges that system.' Meanwhile, economist Dawie Roodt commented on the mooted Starlink potential deal with South African-born billionaire Elon Musk. 'If Starlink can be brought to rural South Africa, it could revolutionise connectivity and drive development. But if the US decides to impose sanctions or increase pressure, the economic fallout could be severe.' DAILY NEWS
IOL News
21-05-2025
- Business
- IOL News
Budget 3. 0 Reaction: Praise for social relief, criticism of growth gap
Finance Minister Enoch Godongwana presented Budget 3.0 on Wednesday amid political strife and economic uncertainty, with expectations of expenditure cuts and a downward revision of GDP growth forecasts. Image: Picture supplied Opposition parties had mixed reactions to Finance Minister Enoch Godongwana's Budget 3.0 speech, with most welcoming the maintenance of social grants but warning the budget lacks the bold reforms needed to lift South Africa out of economic stagnation. The DA's Dr Mark Burke said the minister 'missed a critical opportunity to deliver a budget that drives reform, cuts waste, and boosts growth". While the DA welcomed the scrapping of the VAT increase and the absence of personal tax hikes, Burke said this offered little comfort amid rising food and transport costs. 'The fuel levy hike is yet another indirect tax on poor and working South Africans. We are funding a failing state instead of fixing it.' The uMkhonto weSizwe Party (MKP) was equally critical. Party spokesperson Nhlamulo Ndhlela said: 'This budget does not serve the poor. It's a continuation of ANC elite policies that benefit the few while the masses remain unemployed and hungry.' The MKP also raised concerns about debt levels, stating there was no clear plan to rescue the economy or reform public institutions. The Economic Freedom Fighters (EFF) spokesperson Sinawo Thambo also tore into the budget, calling it 'austerity masquerading as care". 'The ANC government cuts essential services, underfunds municipalities, and still expects the economy to grow. This is not a pro-poor budget; it's a pro-corruption budget.' The EFF decried infrastructure cuts and job creation allocations, warning that youth unemployment would worsen. In contrast, the ANC defended the budget. ANC national spokesperson Mahlengi Bhengu-Motsiri said the party welcomed the continued support for vulnerable groups. 'The preservation of social grants and increases in old age and child support grants affirm the ANC's commitment to the poor,' she said. Bhengu-Motsiri noted that investment in infrastructure and hiring of new police, teachers and health workers would 'help improve service delivery". Build One South Africa (BOSA) acting spokesperson Roger Solomons acknowledged the short-term relief through grants and the scrapping of the VAT hike, but raised alarm about shrinking infrastructure spend and job creation. 'The infrastructure budget has been halved. You can't speak of growth without roads, water, and energy systems to support it,' he said. Solomons also rejected cuts to frontline worker allocations, saying, 'This will severely impact essential service delivery". Inkatha Freedom Party (IFP) president Velenkosini Hlabisa struck a cautious tone. 'The good aspect is that frontline services, education, health, and social grants were maintained,' he said. But he criticised the removal of zero-rated food items and the fuel levy hikes, warning: 'These measures will increase food prices and hurt the poorest. The budget must be monitored closely to ensure funds are used prudently.' Cosatu parliamentary coordinator Matthew Parks said the labour federation welcomed 'the scrapping of the VAT hike, expanded public employment programmes, and infrastructure investments". However, he warned that 'municipalities are collapsing, and without local government reform, the economy will remain trapped". Parks said the country was not in a crisis of revenue but in a crisis of growth and said the labour federation is calling for urgent reforms in energy, transport, and state capability.
