scholarly journals COMMISSIONS OF INQUIRY AS A RESPONSE TO CRISIS: THE ROLE OF THE JALI COMMISSION IN CREATING PUBLIC AWARENESS OF CORRUPTION (PART 2)

Obiter ◽  
2021 ◽  
Vol 42 (2) ◽  
Author(s):  
Stephen Allister Peté
Keyword(s):  
South Africa ◽  
South African ◽  
Public Awareness ◽  
Early Years ◽  
Liberal Democratic ◽  
The Face ◽  
Commissions Of Inquiry ◽  
The Government ◽  
The Many ◽  
High Level

When the government of a liberal constitutional democracy is confronted by some or other existential crisis that threatens a major institution of state or the very foundations of the democracy itself, it will often appoint a high-level judicial commission of inquiry as part of its response to the crisis. South Africa is no exception to this tendency, as is evidenced in recent years by the appointment of no fewer than four such commissions in response to a series of crises related to ongoing corruption within state institutions – commonly referred to by ordinary South Africans as “state capture”. This has raised questions as to the alleged benefits of such commissions when viewed in relation to their considerable costs. This article seeks to contribute to this general debate by focusing on one of the purported benefits of such commissions that may be somewhat under appreciated. This is the creation of public awareness, during the life of the commission itself, about the nature and extent of the particular grave threat that confronts the society in question. It is contended that, mediated by a free and vibrant press, the public narrative that emerges during the operation of a commission of inquiry may serve to make a liberal democratic society more resilient in the face of threats to that society’s continued existence. This article seeks to support this contention by focusing on an important precursor to the more recent commissions of inquiry on corruption in South Africa – that is, the Jali Commission of Inquiry into corruption within the South African penal system, which sat in the early years of the new millennium. By analysing the many articles and reports that appeared in a range of South African newspapers during the initial hearings of the Jali Commission, this article documents the emergence of an important public narrative on corruption within South Africa’s prisons, and reflects upon the ultimate significance. This article is divided into two parts: the first part deals with the initial hearings of the Jali Commission in KwaZulu-Natal, and the second part with subsequent hearings in the Free State.

scholarly journals Commissions of Inquiry as a Response to Crisis: The Role of the Jali Commission in Creating Public Awareness of Corruption (Part 1)

Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 903-925
Author(s):  
Stephen Allister Peté
Keyword(s):  
South Africa ◽  
South African ◽  
Public Awareness ◽  
Early Years ◽  
Liberal Democratic ◽  
The Face ◽  
Commissions Of Inquiry ◽  
The Government ◽  
The Many ◽  
High Level

When the government of a liberal constitutional democracy is confronted by some or other existential crisis that threatens a major institution of state or the very foundations of the democracy itself, it will often appoint a high-level judicial commission of inquiry as part of its response to the crisis. South Africa is no exception to this tendency, as is evidenced in recent years by the appointment of no fewer than four such commissions in response to a series of crises related to ongoing corruption within state institutions – commonly referred to by ordinary South Africans as “state capture”. This has raised questions as to the alleged benefits of such commissions when viewed in relation to their considerable costs. This article seeks to contribute to this general debate by focusing on one of the purported benefits of such commissions that may be somewhat under-appreciated. This is the creation of public awareness, during the life of the commission itself, about the nature and extent of the particular grave threat that confronts the society in question. It is contended that, mediated by a free and vibrant press, the public narrative that emerges during the operation of a commission of inquiry may serve to make a liberal democratic society more resilient in the face of threats to that society’s continued existence. This article seeks to support this contention by focusing on an important precursor to the more recent commissions of inquiry on corruption in South Africa – that is, the Jali Commission of Inquiry into corruption within the South African penal system, which sat in the early years of the new millennium. By analysing the many articles and reports that appeared in a range of South African newspapers during the initial hearings of the Jali Commission, this article documents the emergence of an important public narrative on corruption within South Africa’s prisons, and reflects upon the ultimate significance of this narrative. This article is divided into two parts: the first part deals with the initial hearings of the Jali Commission in KwaZulu-Natal, and the second part with subsequent hearings in the Free State.

South African Foreign Policy

2021 ◽  
Author(s):  
Fritz Nganje ◽  
Odilile Ayodele
Keyword(s):  
South Africa ◽  
Foreign Policy ◽  
South African ◽  
Foreign Relations ◽  
Lessons Learned ◽  
African National Congress ◽  
Liberal Democratic ◽  
The World ◽  
Role Conception ◽  
The Government

In its foreign policy posture and ambitions, post-apartheid South Africa is like no other country on the continent, having earned the reputation of punching above its weight. Upon rejoining the international community in the mid-1990s based on a new democratic and African identity, it laid out and invested considerable material and intellectual resources in pursuing a vision of the world that was consistent with the ideals and aspirations of the indigenous anti-apartheid movement. This translated into a commitment to foreground the ideals of human rights, democratic governance, and socioeconomic justice in its foreign relations, which had been reoriented away from their Western focus during the apartheid period, to give expression to post-apartheid South Africa’s new role conception as a champion of the marginalized interests for Africa and rest of the Global South. Since the start of the 21st century, this new foreign policy orientation and its underlying principles have passed through various gradations, reflecting not only the personal idiosyncrasies of successive presidents but also changes in the domestic environment as well as lessons learned by the new crop of leaders in Pretoria, as they sought to navigate a complex and fluid continental and global environment. From a rather naive attempt to domesticate international politics by projecting its constitutional values onto the world stage during the presidency of Nelson Mandela, South Africa would be socialized into, and embrace gradually, the logic of realpolitik, even as it continued to espouse an ethical foreign policy, much to the chagrin of the detractors of the government of the African National Congress within and outside the country. With the fading away of the global liberal democratic consensus into which post-apartheid South Africa was born, coupled with a crumbling of the material and moral base that had at some point inspired a sense of South African exceptionalism, Pretoria’s irreversible march into an unashamedly pragmatic and interest-driven foreign policy posture is near complete.

scholarly journals Opportunities and challenges for statistics education in South Africa

Pythagoras ◽  
2011 ◽  
Vol 32 (2) ◽  
Author(s):  
Temesgen Zewotir ◽  
Delia North
Keyword(s):  
South Africa ◽  
South African ◽  
Statistics Education ◽  
School Curriculum ◽  
New School ◽  
Fundamental Building Block ◽  
Education Levels ◽  
The Face ◽  
Sliding Scale ◽  
The Government

The South African educational system is in a state of transformation as the Government embarks on a process of grappling with legacies of the past, whilst balancing risks and opportunities for the future. Accordingly, a new school curriculum with outcomes-based education as the fundamental building block was introduced along a sliding scale, starting in 1997. This curriculum, with a vast statistics content, has the potential to change the face of statistics education in South Africa, as statistics had previously been virtually absent from the school syllabus. This article highlights the challenges to and opportunities for optimising the teaching of statistics across all education levels in South Africa.

CONSTITUTIONALISM IN DEMOCRATIC SOUTH AFRICA: CELEBRATIONS, CONTESTATIONS AND CHALLENGES

2020 ◽  
Vol 36 (2) ◽  
Author(s):  
Henning Melber
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Public Perception ◽  
Public Awareness ◽  
Chief Executive ◽  
Mirror Image ◽  
South Africans ◽  
The Republic ◽  
The Government

South Africans often proudly proclaim that our Constitution is one of the most progressive in the world. Yet if you ask most South Africans how they really feel about gay rights, abortion and the death penalty, their answers, more often than not, contradict the values enshrined in the Constitution. (Ahmed 2014) This is the sobering assessment of the Chief Executive of the South African Human Rights Commission 20 years into democratic South Africa. The document adopted by The Constitution of the Republic of South Africa Act 108 of 1996 was considered an exemplary showpiece for the new democratic, human rights based era — embraced as "proudly South African" among the world's most enlightened legal frameworks. Taking stock almost two decades later, however, constitutionality seems to have not yet been deeply and firmly anchored in public awareness or ingrained into a ] social fabric guiding the fundamental values, ethics and norms as reflected by ordinary public perception and opinion. Nor have policy makers in the government seemingly internalised an unconditional respect for and recognition of the governance principles enshrined in this Constitution, as some recent examples seem to suggest. The current controversy around the "spy tapes", but even more so the contested role of the public protector — dubbed "a jewel in South Africa's constitutional crown" (Pieters 2014) — and her stance with regard to Nkandla and the obligations of the head of state to respond to her recommendations are obvious tips of the iceberg. But current discourses at the same time are a mirror image of the ongoing struggles over the power of definition and the interpretation, as well as adherence, to the rules of the game as laid down in the normative framework. As constitutions elsewhere, there is a discrepancy between what is stated, how it ought to be understood and interpreted, how it should be adhered to and applied, and what the intended effects, as well as the real consequences are. It therefore is not by accident that debates and contestations over the meaning and implications of constitutional principles are an eminently political affair and an integral part of governance. It would be more worrying, if this would not be the case, since this would suggest that those in control over society reign supreme in the sense of governing without checks and balances. So then let's have a closer look at the issues at stake.

Epistemic Ruptures in South African Standpoint Knowledge-Making: Academic Feminism and the #FeesMustFall Movement

2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Desiree Lewis ◽  
Cheryl Margaret Hendricks
Keyword(s):  
South Africa ◽  
South African ◽  
Political Thought ◽  
Economic Restructuring ◽  
Student Protests ◽  
Political Processes ◽  
Academic Feminism ◽  
The Many ◽  
Radical Knowledge ◽  
Intellectual Activism

Alongside the many structural and political processes generated by the #FeesMustFall student protests between 2015 and 2016 were narratives and discourses about revitalising the transformation of universities throughout South Africa. It was the very notion of “transformation,” diluted by neo-liberal macro-economic restructuring from the late 1990s, that students jettisoned as they increasingly embraced the importance of “decolonisation.” By exploring some of the key debates and interventions driven by the #FeesMustFall movement, we consider how earlier trajectories of feminist knowledge-making resonate with these. The article also reflects on how aspects of intellectual activism within the student protests can deepen and push back the frontiers of contemporary South African academic feminism. In so doing, it explores how radical knowledge-making at, and about, universities, has contributed to radical political thought in South Africa.

Accountability and the Media

2014 ◽  
Vol 652 (1) ◽  
pp. 206-221
Author(s):  
Anton Harber
Keyword(s):  
South African ◽  
News Media ◽  
Media Access ◽  
Political Interference ◽  
The Face ◽  
Public Broadcaster ◽  
The Media ◽  
The Government ◽  
The Cost ◽  
Poor Management

Two decades of contestation over the nature and extent of transformation in the South African news media have left a sector different in substantive ways from the apartheid inheritance but still patchy in its capacity to fill the democratic ideal. Change came fast to a newly open broadcasting sector, but has faltered in recent years, particularly in a public broadcaster troubled by political interference and poor management. The potential of online media to provide much greater media access has been hindered by the cost of bandwidth. Community media has grown but struggled to survive financially. Print media has been aggressive in investigative exposé, but financial cutbacks have damaged routine daily coverage. In the face of this, the government has turned its attention to the print sector, demanding greater—but vaguely defined—transformation and threatened legislation. This has met strong resistance.

Effective Planning for Rural Development in A Democratic South Africa: The Prospects of Rural Cooperatives

2021 ◽  
Vol 18 (1) ◽  
Author(s):  
France Khutso Lavhelani Kgobe
Keyword(s):  
South Africa ◽  
Rural Development ◽  
South African ◽  
Rural Areas ◽  
Social Capital Theory ◽  
Capital Theory ◽  
Rural Cooperatives ◽  
The Government ◽  
Almost All ◽  
Effective Planning

This paper explores the potency of rural cooperatives for the effective planning and implementation of rural strategies to address poverty. Rural cooperatives function as a participatory approach that provides the potential to equip and empower people in rural areas with various skills. Hence, rural cooperatives represent the means and strategies to unshackle rural people from the vicious circle of poverty. The contestation about a deadlock of rural development has become pertinent in the recent and ongoing political transformation in South Africa. This paper is grounded on the social capital theory and its ideals. As such, it depends on a literature review for its premise, argument, crux and purpose, as well as drawing up results and conclusions. The paper gathers information in respect of various scholars’ notions on rural cooperatives and rural development from related articles, journals and books. The paper reveals that where the South African government is confronted and characterised by some form of upheaval and service delivery challenges, so rural cooperatives are fit to capacitate citizens to avoid depending on the government for scarce resources. The paper further reveals that rural cooperatives are deemed to ameliorate the long-standing patterns of developmental backlogs in almost all South African municipalities. The conclusion that can be made from this paper is that the authentic promotion of rural development in the formulation of a well-informed legislative framework, that is clear and unambiguous, can deal effectively with the challenges of rural cooperatives.

The Development and Establishment of Technology in South Africa

1998 ◽  
Vol 12 (1) ◽  
pp. 27-31
Author(s):  
N.P. du Preez ◽  
P. van Eldik ◽  
M. Möhr ◽  
H.H. van der Watt
Keyword(s):  
South Africa ◽  
South African ◽  
New Technologies ◽  
Developing Economies ◽  
Literature Survey ◽  
Manufacturing Efficiency ◽  
Perceived Importance ◽  
High Level ◽  
Detailed Questionnaire

In a two-part analysis (see pp 17–26 for Part 1), the authors discuss the key results of a South African project conducted during 1996 which focused on the factors relating to the development and establishment of technology in a country. The study investigated through a detailed questionnaire survey and a literature survey the various factors that promote the development and establishment of technology by comparing their perceived importance with the actual role they currently play in South Africa. This paper, Part 2, concentrates on the role of industry. The study showed that the availability of high-level technological people dominated the top (at 90%) of the list of factors relating to individual organizations and the role they play in the development of technology. Other prominent factors were the existence of a corporate technology strategy (88.4%), the need to improve manufacturing efficiency and processes (88.4%), the ability of top management to understand new technologies (87.9%), and the availability of funds for research and development (86.2%). The survey clearly indicated that South African organizations were not performing well with respect to these and other factors evaluated. All of them have been rated below 50%, indicating the seriousness of the problem. The corresponding recommendations made are of importance to younger countries with developing economies.

scholarly journals BARGAINING IN BAD FAITH IN SOUTH AFRICAN LABOUR LAW: AN ANTIDOTE?

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Fiona Leppan ◽  
Avinash Govindjee ◽  
Ben Cripps
Keyword(s):  
South Africa ◽  
Collective Bargaining ◽  
South African ◽  
Good Faith ◽  
Bad Faith ◽  
Labour Law ◽  
International Labour Organisation ◽  
Labour Legislation ◽  
The Many ◽  
Labour Organisation

While good-faith bargaining is recognized in many overseas jurisdictions and by the International Labour Organisation, such a duty has not been incorporated in South African labour legislation. Given the many recent examples of labour unrest in South Africa, it is time to consider whether there should be a duty to bargain in good faith when taking part in collective bargaining. Recognizing such a duty would arguably benefit both employers and employees and South Africa as a whole.

Companies convicted of economic crimes and their participation in government tender processes in South Africa: A comment on Namasthethu electrical (PTY) LTD v City of Cape Town and another (201/19) [2020] ZASCA 74 (29 JUNE 2020)

2021 ◽  
Vol 8 (1) ◽  
pp. 102-122
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
South Africa ◽  
South African ◽  
Public Procurement ◽  
Cape Town ◽  
African Countries ◽  
The Public ◽  
South African Police Service ◽  
The Government ◽  
South African Police ◽  
Economic Crimes

In South Africa, persons or companies convicted of fraud or corruption or companies whose directors have been convicted are debarred from participating in bidding for government tenders. Although it is easy to establish whether or not a natural person has been convicted of an offence, because a certificate can be obtained from the South African Police Service to that effect, it is the opposite with juristic persons. This issue came up in the case of Namasthethu Electrical (Pty) Ltd v City of Cape Town and Another in which the appellant company was awarded a government tender although the company and its former director had been convicted of fraud and corruption. The purpose of this article is to analyse this judgment and show the challenges that the government is faced with when dealing with companies that have been convicted of offences that bid for government tenders. Because South Africa is in the process of enacting public procurement legislation, the Public Procurement Bill was published for comment in early 2020. One of the issues addressed in the Bill relates to debarring bidders who have been convicted of some offences from bidding for government tenders. Based on the facts of this case and legislation from other African countries, the author suggests ways in which the provisions of the Bill could be strengthened to address this issue.

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