cyril ramaphosa – Bungeni http://bungeni.org/ Sat, 19 Mar 2022 23:30:47 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://bungeni.org/wp-content/uploads/2021/05/bungeni-icon-150x150.png cyril ramaphosa – Bungeni http://bungeni.org/ 32 32 What’s in City Press: ANC blocks Cyril probe…again | Outrage as university appoints council president as vice-chancellor https://bungeni.org/2022/03/19/whats-in-city-press-anc-blocks-cyril-probe-again-outrage-as-university-appoints-council-president-as-vice-chancellor/ Sat, 19 Mar 2022 23:30:47 +0000 https://bungeni.org/2022/03/19/whats-in-city-press-anc-blocks-cyril-probe-again-outrage-as-university-appoints-council-president-as-vice-chancellor/

What’s in City Press


The ANC blocks the Cyril probe… again

The ANC told Ombudsperson Busisiwe Mkhwebane in no uncertain terms that she had no jurisdiction to investigate leaked comments by President Cyril Ramaphosa that public funds were being used to fund internal ANC election campaigns.

Mlambo-Ngcuka reluctant to join ANC top six

Former vice-president Phumzile Mlambo-Ngcuka says she is flattered to have been approached to run for ANC vice-president at the party’s elective conference later this year, but does not want to stand in the way of younger or more experienced people.

Want to impress your boss? Avoid using emoticons

Whether it’s a friendly smiley face or a cheeky wink, many of us regularly include emojis in our work emails. But if you want to be taken seriously in the office, a new study suggests you should master it.

Wedding bells for Lebo Gunguluza?

Businessman Lebo Gunguluza has reportedly found new love less than a year after announcing his divorce from Real Housewives of Johannesburg star Lebo Jojo Mokoena.

Anti-Revival Activist Goes Viral

A video of a British activist, who is lobbying against ‘woke’ policies on transgender people, has gone viral after an argument in the stands at American Lia Thomas’ swimming meet, where she told a spectator: “It’s not a woman”.

Sex made Sodi ‘go bananas’

Controversial businessman Edwin Sodi allegedly tried to shoot his estranged wife Nthateng Lerata in the head but his gun jammed during their confrontation last week at the home they shared in Bryanston, Johannesburg.

Cabinet ‘approved’ irregular CEO appointment

Cabinet has approved the irregular appointment of the CEO of the embattled Amatola Water Board in the Eastern Cape. However, in a recording obtained by City Press, Water and Sanitation Minister Senzo Mchunu could be heard backtracking on his appointment this month.

ANC adviser hassled officials into approving bidder’s invoices

A councilor from Emalahleni local municipality in Mpumalanga allegedly carried invoices from a company owned by a politically linked businessman and bulldozed officials to speed up payments.

Mbali warning sent to DA members

Former DA KwaZulu-Natal member of the provincial legislature, Mbali Ntuli, advised her former colleagues to protect their mental health and speak out against unfair treatment within the party.

The next wave of Covid could be coming soon

The next surge in Covid-19 cases could be imminent, the World Health Organization has warned, just as the world begins to recover from the winter-fuelled Omicron variant in the northern hemisphere.

Russian-born tycoon plans smart boxing against South Africa‘s biggest bank

Russian-born coal mining magnate Lyudmila Roytblat has unleashed heavy artillery in her fight against FNB over the “unfair” termination of its banking services, enlisting lawyers Dali Mpofu SC and Ben Stoop SC.

Patel to appoint new lotto board

Trade, Industry and Competition Minister Ebrahim Patel is to respond if he fails to ensure the National Lotteries Commission has a quorum board or extend the term of the current board pending appointment of a new board by the end of this month.

Outrage as university appoints council president as vice-chancellor

Northwestern University announced this week that it had appointed its chairman of the board, Bismark Tyobeka, as vice-chancellor. Tyobeka only stepped down as president on Thursday, when his appointment as the new principal and vice-chancellor was announced.

“Tony Kgoroge refuses to return my car”

Veteran actor Tony Kgoroge is embroiled in an ugly war of words with Portia Thothela, a lecturer and dancer based in Bloemfontein in the Free State, after he allegedly borrowed her car last year and refused to return it.

‘Pastor Wama Roll-on’ takes on the SABC

Gateway International Church leader Themba Sibiya is seeking R8 million from the SABC in a libel suit brought in the Johannesburg High Court over allegations he was branded a sexual predator and false prophet during of a segment of SABC1’s Izindaba program.

Creecy ordered to clear the air of the Highveld

Forestry, Fisheries and Environment Minister Barbara Creecy has been ordered to dust off and implement a 15-year-old plan that was drawn up to eliminate harmful air pollutants in the Highveld region of Mpumalanga and save lives.

babies having babies

The Eastern Cape Health Department has said it is gravely concerned about the number of girls under the age of 14 who gave birth between July and December last year. During its policy speech this week, Health MEC Nomakhosazana Meth said there were approximately 319 girls aged 10 to 14 and around 9,396 girls aged 15 to 19 who had given birth in hospitals across the region. province.

Rhino poacher sentenced to 53 years in prison

A 39-year-old rhino poacher who fled court after being arrested for the first time has been sentenced to 53 years in prison. The Skukuza Regional Court on Friday convicted Mike Nyathi, a Mozambican with South African nationality, of 12 of 14 rhino poaching cases and related charges.

Mkhize attacks the conclusions of the SIU

The gloves are off in the fight between the Special Investigations Unit (SIU) and former health minister Zweli Mkhize, who has filed documents holed up in the unit’s investigation into him.


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The Enemy of Corruption in South Africa – The Namibian https://bungeni.org/2022/03/18/the-enemy-of-corruption-in-south-africa-the-namibian/ Fri, 18 Mar 2022 22:46:44 +0000 https://bungeni.org/2022/03/18/the-enemy-of-corruption-in-south-africa-the-namibian/

CAYLEY CLIFFORD

ON JANUARY 2, South Africans woke up to the news that the country’s parliament building was on fire. Days later came the release of an 800-page report detailing endemic corruption and poor governance in South Africa.

Then, several glass doors and windows were smashed at the Constitutional Court. It’s been a worrying start to the year for a country still mourning the loss of its “moral compass”, Archbishop Desmond Tutu.

The report – the first of three expected from the Judicial Commission to Investigate State Capture Allegations, known as the Zondo Commission after its chairman, Associate Chief Justice Raymond Zondo – confirmed what the report said. t has long been suspected: state capture is rampant in South Africa. Systemic political corruption has, for example, benefited the influential Gupta family, as well as a range of enablers in the country’s civil service and ministries.

The report reveals patterns of abuse at almost every stage of public procurement. When professionals from ministries or public enterprises resisted, they were replaced by more docile civil servants. In the committee’s view, South Africa needs an independent anti-corruption agency that can perform its duties without fear or favour.

South African President Cyril Ramaphosa, who campaigned on a promise to fight corruption and improve governance, said the findings of the Zondo Commission should be used to help the country reform its institutions and call for accounts to managers. “We have to make sure we use [the findings] to safeguard these institutions in the future so that they will never again be captured,” Ramaphosa wrote in his weekly newsletter.

But statements by other members of the ruling African National Congress party were not so resolute. Speaking to community and religious leaders in a rural province shortly after the report was released, Vice President David Mabuza was evasive about what action the government would take. “We’re committing to deep thinking, and we’re going to change,” he said.

But “reflection” might not correspond to responsibility. ANC national chairman Gwede Mantashe said he opposed the use of the report to prosecute party leaders. The ANC’s position, coupled with weakened state institutions, has led to skepticism about the government’s ability and willingness to act meaningfully on the report’s recommendations.

INTERNAL BATTLES

The mixed reactions to the commission’s report must be seen in the context of the ANC’s internal battles. As the party prepares for its national elective conference in December, factional infighting is more pronounced than ever. Ramaphosa, who is expected to seek a second term as party leader, faces stiff competition from the radical economic transformation faction and will have to balance his political aspirations, party needs and the country’s long-term interests.

It will be difficult to implement the report’s recommendations without lasting damage to the reputation of the ANC. Moreover, South Africa’s constitutional democracy faces threats that go beyond the corruption revealed by the Zondo Commission. As the report notes, “State capture has aggressively attacked a system that was already weakened by longstanding comorbidities,” including high levels of inequality, poverty, and unemployment.

In this state of affairs, the events of early January, such as the riots and looting of last July, should come as no surprise. Although they may not have been part of a coordinated effort to destabilize the country, they are clear symptoms of democratic decay.

Some seemed to embrace the disease. In a recent comment, Lindiwe Sisulu, tourism minister and MP since 1994, questioned the benefits of the “rule of law” and called the country’s constitution a “stopgap” for the poor.

Sisulu’s comments have been denounced as yet another attack on South Africa’s democratic institutions. But it is true that the political freedoms contained in the constitution had to be accompanied by measures aimed at reducing economic inequalities, which are the highest in the world. Twenty-eight years of democratic rule have brought only negligible progress on this front.

TIMES OF CRISIS

The constitution represents a social contract among all South Africans. The democracy it envisions requires the support of ordinary citizens and political leaders. But the rights it guarantees depend largely on the state.

In February, South Africa faced a second assessment by the African Peer Review Mechanism, a voluntary arrangement established by members of the African Union, on the state of its governance. This assessment suggested credible reforms, providing a new opportunity to reflect on the serious problems that have emerged.

South Africa needs bold and decisive action to rebuild trust in institutions such as the National Prosecuting Authority, professionalize the civil service and strengthen standards of transparency. The ideals of the Constitution must be put into practice. A good way to start would be to act conscientiously on the recommendations of the investigation into the state capture allegations.

* Cayley Clifford is a researcher in the African Governance and Diplomacy Program at the South African Institute of International Affairs.

– Copyright: Project Syndicate 2022

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SAP to reimburse South Africa at least $17 million for ‘invalid’ deals – court https://bungeni.org/2022/03/16/sap-to-reimburse-south-africa-at-least-17-million-for-invalid-deals-court/ Wed, 16 Mar 2022 21:08:20 +0000 https://bungeni.org/2022/03/16/sap-to-reimburse-south-africa-at-least-17-million-for-invalid-deals-court/
SAP logo
Photo: via Flickr

JOHANNESBURG, March 16 (Reuters) – Germany-based software company SAP SAPG.DE will reimburse at least 263 million rand ($17.5 million) to South Africa‘s water and sanitation department for license and support agreements declared invalid, by court order.

Investigators have been probing SAP’s work for the department for several years, alleging procurement rules were broken and contracts were entered into illegally.

The Special Investigations Unit (SIU) and the Department of Water and Sanitation (DWS) said in a statement that the SIU had confronted SAP and the DWS with evidence of wrongdoing regarding settlement agreements. license and support between 2015 and 2016.

Read more: SAP launches enterprise network to help supply chains

An order from the Special Court – a tribunal set up by President Cyril Ramaphosa’s government to speed up the recovery of misused or stolen public money – issued on Tuesday said SAP must pay DWS around R263 million within five days of hearing.

Another sum of around R83 million that SAP paid to third-party software vendors is still in dispute, with the parties being asked to file affidavits indicating whether this amount should also be repaid.

SAP said in a statement that it has reached an agreement with the SIU and the DWS. He said the department remains an SAP customer and is committed to maintaining a strong compliance program.

SAP, which has a market value of more than $130 billion, in 2018 admitted wrongdoing in deals with South African state-owned companies during former President Jacob Zuma’s tenure.

($1 = R15.0032)

(Reporting by Alexander Winning in Johannesburg and Nadine Schimroszik in Berlin; Editing by Jan Harvey)

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South Africa: Russia’s Invasion of Ukraine Is Illegal Under International Law – To Suggest It Isn’t Is Dangerous https://bungeni.org/2022/03/16/south-africa-russias-invasion-of-ukraine-is-illegal-under-international-law-to-suggest-it-isnt-is-dangerous/ Wed, 16 Mar 2022 07:28:25 +0000 https://bungeni.org/2022/03/16/south-africa-russias-invasion-of-ukraine-is-illegal-under-international-law-to-suggest-it-isnt-is-dangerous/

While the world is largely united against Russia’s invasion of Ukraine, South African public figures, including the government, have tried to play down the fact that it is in fact an invasion. And their frequent calls for negotiation tend to frame the conflict as one in which both sides should be willing to make concessions.

President Cyril Ramaphosa even reported that Russian President Vladimir Putin appreciates his “balanced approach” to the conflict. So what does international law say when one country sends armed troops across one border and bombs the towns of another? The answer calls for a historical reminder.

After the end of World War II in 1945, the United Nations was created. His first declared goal was

to save future generations from the scourge of war, which twice in our lifetime has caused untold suffering to mankind

To this end, he emphasized that the world order was based on the sovereignty of States (Article 2(1)) and prohibited the use of force by one State against another (Article 2(4)).

There are only two narrowly defined exceptions in the United Nations Charter, the world body’s founding document, to the prohibition on the use of force. These are met when states act in self-defense or under the authorization of the UN Security Council. Russia’s invasion of Ukraine can therefore only be legal if it falls within one of these exceptions.

It is absolutely indisputable that the sending of armed forces across the border of a State, without its consent, is a use of force. This happened when Russia sent tanks and infantry across Ukraine’s internationally recognized borders. President Putin’s recognition of two separatist regions in southeastern Ukraine prior to this decision does not affect their status as Ukrainian territory under international law. Indeed, it violates a separate rule protecting state sovereignty: that states cannot interfere in the internal affairs of others.

Invasion apologists have focused on the West’s “provocation” of Russia, particularly through its expansion of NATO to include Eastern European states such as Croatia, Estonia and Poland.

But focusing on why Russia feels threatened by the West confuses causation with justification. Moreover, by referring only to the reasons why Russia supposedly feels threatened, and by not addressing the legal situation at all, the South African government, the ruling African National Congress – and other apologists – undermine the most cardinal rule of our international legal order. It is a rule upon which South Africa‘s own survival as a state depends.

Legal analysis

As we have established that Russia used force against Ukraine, the next step is to analyze whether Russia can invoke one of the exceptions justifying force. Before doing so, we must dispose of a possible objection to a legal argument based on the Charter of the United Nations. When the UN was created, many states, including most African states, were still colonized. They could therefore not participate in the drafting of the charter.

Although they voluntarily joined the UN after gaining statehood, they had no role in shaping the text of the charter. These decolonized states have sometimes rejected rules developed without their consent. But they have never resisted the underlying principle of state sovereignty, nor the rule that states cannot use force against each other.

Indeed, as Kenya’s representative to the United Nations, Martin Kimani, recently pointed out, decolonized African states even prioritized standards of territorial integrity and state sovereignty over any rights that they might have had to reclaim territory they had due to the arbitrary mapping of their former colonial powers. As Kenya has pointed out, African states accepted the borders imposed on them by colonial powers in order to preserve peace and foster cooperation.

So does Russia respect the exceptions to Article 2(4) of the UN Charter?

There are only two in the charter itself: when force is authorized by the UN Security Council (article 42), or when a state acts in self-defense (article 51).

A third exception has also been suggested by scholars and commentators, based not on the charter but on moral considerations and (limited) state practice: humanitarian intervention or, in its most widely accepted formulation, duty to protect. As accepted by the UN General Assembly, this exception would not allow Russia to use force without the authorization of the Security Council. The Security Council has not authorized Russia to use force against Ukraine.

Russia’s only remaining justification is therefore self-defence, which is spelled out in Article 51. This states that states have the right to defend themselves “if an armed attack occurs against a member of the United Nations”.

An armed attack is therefore an essential prerequisite for the lawful use of force, and it is a condition of strict interpretation.

This legal requirement is supplemented by customary international law. The wording here is that the necessity of self-defense must be

instantaneous, overwhelming, leaving no choice of means, and no moment for deliberation … and that the {defensive} force, even assuming that the necessity of the moment {allows it} to enter the territories of the {State attacker}, did nothing unreasonable or excessive; since the act, justified by the necessity of self-defence, must be limited by this necessity, and clearly contained in it.

There must therefore be an armed attack, already begun or imminent, and force used in self-defence must be the only means of avoiding or repelling it.

Russia has not suffered any armed attack from Ukraine, or even from any state. Neither NATO’s presence in Ukraine nor any of the other justifications advanced by Russia and its apologists rise to the threshold of an armed attack. This includes a series of allegations. These cover Ukraine’s alleged mistreatment of Russian speakers in that state, alleged links between the West and the far-right in Ukraine, and the alleged presence of sophisticated weaponry in the state.

There are other resolution channels for these kinds of grievances. And even if these channels do not work and Russia finds itself in a situation where it “feels” threatened, it has no right to use force. Whether the requirements of self-defense are met is a matter of fact, not sentiment.

Russia’s invasion of Ukraine is therefore illegal.