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2021 - ISSUE 80 w w w. i f a a z a . o r g
NEWAGENDA
SOUTH AFRICAN JOURNAL OF SOCIAL AND ECONOMIC POLICY
Which way, SA?
Parliament must lead
the way to a fully
functional democracy
Danger!
Failed State
Ahead
Take
nearest
turn
Also inside:
IFAA report lists concrete proposals to change Parliament
Kgalema Motlanthe calls on Parliament to get its house in order
US hampering peace efforts in Ethiopia ISSN: 1607-2820
credits
EDITORIAL BOARD NEWAGENDA
SOUTH AFRICAN JOURNAL OF SOCIAL AND ECONOMIC POLICY
HON MR KGALEMA MOTLANTHE New Agenda is a publication of the Institute for African
(Chairperson), former President and former Alternatives (IFAA)
Deputy President of South Africa
CONTACT US
Email: admin@ifaaza.org
Website: www.ifaaza.org
Facebook: www.facebook.com/newagendaonline
MR ZUNAID MOOLLA
Twitter: @IFAACT or @NEWAGENDAZA
Director, Institute for African Alternatives Instagram: @newagenda_ifaa
(IFAA) Tel: +27 21 461 2340
Address: Community House, 41 Salt River Road, Salt River
Cape Town 7925
IFAA STAFF
MR tony ehrenreich
Director
Parliamentary liaison officer Zunaid Moolla
for COSATU Guest Editor
Martin Nicol
Project Manager
Christine Leibach
Production Manager
mr pallo jordan Moira Levy
Senior Researcher
Hibist Kassa
Former Cabinet Minister and member of the
Research and Events
National Executive Committee of the ANC Bruce Kadalie
Administration, Finance and Subscriptions
Shamielah Booley
PROF EVANCE KALULA Assistant Researcher
Rachel Nyirongo
Emeritus Professor of Law, University of Project Assistant
Cape Town, Phethani Madzivhandila
Chair, ILO Committee of Freedom of Publisher
Association Institute for African Alternatives (IFAA)
Layout
The Media Chilli
PROF steven robins
Professor in the Department of Sociology Sponsored by the Rosa Luxemburg Stiftung
and Social Anthropology, University of with funds of the Federal Ministry for
Economic Cooperation and Development
Stellenbosch
of the Federal Republic of Germany. This
publication or parts of it can be used by others for free
as long as they provide a proper reference to the original
PROF ari sitas publication.
Former head of the Sociology Department,
University of Cape Town, and writer,
dramatist and poet
MS BUYELWA SONJICA New Agenda is accredited with the
Department of Higher Education and Training.
Former Minister of Minerals and Energy
ISSN: 1607-2820
Copyright: Institute for African Alternatives (IFAA) unless
used with permission of any third party and referenced
accordingly. The publishers are not responsible for
unsolicited material. New Agenda is published quarterly by
PROF VIVIENE TAYLOR IFAA. The opinions expressed are not necessarily those
Former Head of Department of Social of IFAA. All advertisements/advertorials and promotions
Development, UCT have been paid for and therefore do not carry any
endorsement by IFAA.
Contents Issue 80
Editorial Comment 22 Ethiopia’s impact on Education in SA
security and peace in
3 Dereliction of the horn of hope: 44 No higher education,
Democratic Duty Framing six salient good jobs without
By Martin Nicol issues ‘normal’ university
By Iqbal Jhazbhay matric pass
By Seamus Needham
Checks and Balances
Project
26 Washington’s
Ethiopia 49 TVET Colleges: a
policy – hybrid lifeline for youth at
warfare in the risk
4 ‘Fill Parliament’s seats
making (again) By Seamus Needham
with strong, moral
leaders’ By Rob Prince
51 With political will and
By Kgalema Motlanthe policy change, an
31 Commemorating alternative can be
a victory for
6 ‘Trust deficit’ in
Parliament hampers Ethiopianism and
found
By Enver Motala
its effectiveness Pan Africanism
By Lawson Naidoo By the Embassy of Ethiopia in Pretoria
55 ‘I like the word
“comic” because life is
9 Acting on the Gender-Based Violence ridiculous:’
evidence Teaching the graphic
By Moira Levy
and Femicide novel, an interview
with Nathan
13 Broken branch 34 What has happened Trantraal
structure is ANC’s since the Gender By Koni Benson
Achilles heel Summit?
By Keith Gottschalk Book Review
Farmers’ Protests in
COVID-19 India 58 Crossroads: I live
Where I like
16 Mitigating the impact
of COVID-19 and
37 Agrarian reforms A Graphic History
and farmers’ protests Review by Gertrude Fester
options for economic in India: a policy
revival in SA perspective
By Busani Ngcaweni and By Debottam Saha, Kranthi Nanduri and
60 The Lie of 1652: A
decolonised history
Jacqueline Nkate Raya Das of land
Review by Desiree Lewis
Ethiopia Transforming Eskom
21 Towards the modern
Ethiopian state
42 Climate change
demands Eskom reform
By Moira Levy
Editorial comment
Dereliction of democratic duty
No one needs more bad news, at this time. But it keeps coming.
By Martin Nicol
Auditor-General for Parliament to act on
I
n April, the DM168 newspaper’s recommendations to stop the theft and
front page revealed “the abuse of public funds.
dangerously disgusting state The research pointed to steps
of South Africa’s rivers which Parliament could take to improve its
are being polluted by failing sewage performance. But IFAA concluded that
treatment works.” It’s research found the main source of the problem with
that “more than half of all South our democracy is the poor quality of
Africa’s sewage treatment works are our public representatives. Former
not functioning as they should.” President and chairperson of the IFFA
Our municipalities are run by Board Kgalema Motlanthe has called on
democratically elected councils. The Parliament to get its house in order and
councillors have been singularly inept fill its seats with effective, efficient and controversies. All the issues raised will
at holding to account the executive ethical representatives. be hampered and conditioned by our
mayors and municipal managers who We do not have a way of choosing COVID-19 responses.
are responsible for sanitation and the best people as MPs, municipal Despite COVID-19, violence has re-
water infrastructure. councillors or members of provincial ignited across Africa, from Mozambique
The job of councillors – and our legislatures. Democracy does not to Nigeria and from Chad to Somalia.
elected representatives in provincial work to the general benefit when the New Agenda includes a reflection on
governments and Parliament – is to majority of elected representatives lack the present crisis in Ethiopia, which
decide how funds collected from the backbones, capability and dedication to has returned to war to settle political
public should best be spent and to the public good. disagreements. We also recognise the
ensure that the executive authorities 125-year anniversary of the defeat of
deliver services in line with budgets. Permanent Covid an Italian colonial army at the Battle
The public sector spends R5-billion Even with vaccines, COVID-19 is of Adwa in 1896 by a united force of
a year on expert monitors who check going to remain part of our future. Ethiopian defenders.
on spending, and where problems COVID-19 issues add a new dimension to At a time in which we gasp in
exist. The Auditor-General even gives bad news and long-existing challenges. amazement at the destruction of the
advice on where controls are weak and Busani Ngcaweni and Jacqueline African Studies Library at UCT, we
need improvement. Nkate, reflect on research on the include an interview and book review
Our representatives swear oaths harmful impacts of COVID-19 on dealing with an innovative effort to tell
and accept remuneration, but, by and the economy and on poverty and our history using comics and the format
large, they do not play the roles they inequality. As Operation Vulindlela, the of the graphic novel.
are assigned as checks and balances on government’s infrastructure plan gets Desiree Lewis, applies a lens of de-
executive action. underway, they argue that bureaucratic colonial analysis to her review of Patric
In early 2021, IFAA reported on its and other systemic and institutional Tariq Mellet’s book The Lie of 1652. Bad
ongoing “Checks and Balances” project. inefficiencies have to be addressed if the news – now better understood.
This started life in 2019 with a focus on recovery plan is to succeed.
Parliament and the Auditor-General. Other articles, on education, the just Reference
The aim was to help Parliament perform transition and action against gender- Kretzmann, S., Luhanga, P. & Damba, N. 2021. ‘Up
Sh*t’s Creek With No Paddle’. DM168.
better, after repeated calls from the based violence, deal with standing
Issue 80 - New Agenda 3
The Institute for African Alternatives has released Checks and Balances: The Auditor-General
Project Report on Parliament’s failure to conduct effective oversight of government spending
and call the executive to account. The result is fruitless and wasteful expenditure, theft of national
funds and, in turn, ongoing and worsening poverty, inequality and corruption. The report lists
concrete proposals to make the changes that South Africa urgently needs.
‘Fill Parliament’s seats with
strong, moral leaders’
By Kgalema Motlanthe
Kgalema Motlanthe served as South Africa’s President from 25 September 2008 to 9 May
2009, following the resignation of Thabo Mbeki, whereafter he filled the post of Deputy
President. During his many years of political service, he has been Deputy President and
has also at different times been Secretary-General and Deputy President of the ANC. He
is the current chairperson of the board of the Institute for African Alternatives (IFAA)
and is patron of the Kgalema Motlanthe Foundation.
KGALEMA MOTLANTHE, political consciousness, dialogue and
constructive analysis of South African
in his opening remarks at and African socioeconomic and
the launch of Checks and political issues. As an independent
Balances: The Auditor-General Pan-African institute, the broad policy
research and advocacy that IFAA
Project Report called on generates and facilitates is a clarion call
Parliament to get its house to leaders from every sector of society
and government to pause, think,
in order and fill its seats with reconsider and then decide which path
effective, efficient and ethical to take. It is in the dissemination of
representatives. such progressive views and alternative
solutions that change-agents can be
empowered, and positive, equitable
T
he Institute for African and inclusive change can be made.
Alternatives (IFAA) has, for IFAA’s Checks and Balances: The
more than three decades, been Auditor-General Project Report is one such
a vanguard for critical thinking, contribution to the development and
4 New Agenda - Issue 80
Checks and Balances Project
construction of a humane and better When considering the checks and
managed South Africa for all. It is a balances written into our Constitution
document that not only dives deep and the urgent need for just,
into the crux of the challenges that transparent, efficient and accountable
face the financial management of [Ben Turok] believed management of public funds, Professor
South Africa, but also offers delicate Turok was deeply concerned and vocal
scrutiny of the crucial relationships and that self-enrichment about the open-ended and perilous cycle
volatile tension between government and a departure that played out year after year between
departments and their oath of office the Auditor-General, government
to the Constitution of the Republic of from the strong departments, the National Assembly
South Africa. moral values so and the Standing Committee on Public
These insights on the management Accounts (SCOPA); an abysmal cycle
of public funds supply change-agents, eloquently captured that produced routinely bad reports
academics, activists and indeed public in the preamble to with little or no accountability.
representatives, with an arsenal of IFAA’s Checks and Balances: The
knowledge that places them in a the Constitution Auditor-General Project Report seeks to
position to continue fighting for of the Republic investigate and offer tangible solutions
the people and strengthening our as to why and how this damaging cycle
democracy. of South Africa is perpetuated, and what remedies
It is the strength of our democracy are at the heart of can be put in place to ensure the
that is being tested during these implementation of the Auditor-
uncertain times as the world confronts government’s failure General’s recommendations.
COVID-19, and the scramble to find to lead. In the search for concrete
an equilibrium within the extreme steps to improve the financial
disruptions caused by the pandemic mismanagement of public funds, and
dissects and reveals the calibre of our the people of South Africa. to propel democratic culture within
leaders and public representatives. To Professor Turok’s work in our constitutional democracy, let us
take courage, display conviction and earn understanding and advocacy of the respond within the spirit of Professor
the confidence of the people are but a few Constitution is the kind of alert Ben Turok’s ethical leadership, as he
steps in the eternal quest to strengthen activism that gives effect to the supreme reminds us of our ongoing duty to apply
democracy. It is a crusade that bares law of our land, and drives the agenda our minds, audit our achievements,
many moral pitfalls and finds even the of strengthening constitutional scrutinise our modes of operation, and
best of us on the backend of a stumble. democracy. continuously engage in dialogue with
A consistent moral leader of our Like IFAA, and Professor Turok each other.
time, whose lifelong dedication to himself, our collective pursuit to
fight injustice, comrade Professor promote and ensure constitutional Parliament’s role
Ben Turok was one among many who supremacy, is one of the most important The recommendation that
sacrificed their all to attain liberation endeavours in maintaining and Parliament should put its house in
and strengthen democracy. Professor reinforcing constitutional democracy. order – largely by implementing its own
Turok asked each and every one of us to Protecting the supremacy of the commissioned reports to improve its
re-examine whether what we are fed by Constitution is possible because, in a accountability processes and oversight
the status quo is what we actually need constitutional democracy where power reach – has been strongly supported in
and encouraged an ongoing criticism is properly shared by the executive, the recent months by the evidence heard
of passivity and of corrupt governance. legislature and the judiciary, the courts before the Zondo Commission into state
He believed that self-enrichment and a are independent and subject only to the capture. “Where was Parliament?” Judge
departure from the strong moral values law and the Constitution of the Republic Zondo asked, when contemplating
so eloquently captured in the preamble itself. This doctrine of the separation of the thievery and corruption paraded
to the Constitution of the Republic powers allows for checks and balances to before him every day. This is exactly the
of South Africa are at the heart of ensure that the separate institutions are question asked by the Auditor-General,
government’s failure to lead and serve monitored and held accountable. over years!
Issue 80 - New Agenda 5
No one has the responsibility to ranks of our political parties. These are issues of activism – no
tell Parliament how to do the job it is How can we act to enhance the new laws are needed for profiling and
given in the Constitution to hold the quality and character of elected investigating people put forward for
executive to account. Parliament makes representatives? office in the 2021 municipal elections.
this decision itself and has full powers In the short term, activists can make This can lay the basis for an all-out effort
to design its operations to support the sure that the biographies of people for more perfect parliamentarians and
concept of the separation of powers, placed on party lists are detailed and provincial government leaders in 2024.
which simultaneously provides for well-known. The best guide to the
checks and balances on the exercise of performance of an unknown people New Agenda 78 and 79 carried preliminary
executive power, making the executive is how they have acted in the past. research accounts from IFAA on its project on
accountable to an elected legislature. Crooks can change, of course, and it is the outcome of the Auditor-General’s reports.
The Checks and Balances report wonderful when they do. And honest The full report of the research team is available
repeats this point and cites examples people do get corrupted by power at https://ifaaza.org/checksand-balances-
of the excellent reviews of Parliament and position. But too many of our the-auditor-generalproject-report/ and, in
since 1999 which – together with hints public representatives are completely addition, the interim bulletins, with accounts
from the courts – tell Parliament how to unknown entities. Even their record in of interviews and documentary analysis, are
up its game. Parliament is not really monitored. Have available at https://ifaaza.org/checksand-
they been good representatives? How do balances-the-ag-project-researchbulletins/
Civil society – and all of us! we decide this? And what sort of person
The Checks and Balances report says do we want political parties to put on
that not enough good, principled people their lists?
find their way into Parliament from the
‘Trust deficit’ in Parliament
hampers its effectiveness
By Lawson Naidoo
Lawson Naidoo is the Executive Secretary of the Council for the Advancement of the
South African Constitution (CASAC) and a founding partner of the political consultancy,
the Paternoster Group.
At the launch of the Institute for African Alternatives’ Checks and Balances: The Auditor-General
Project Report, it became clear that the checks and balances laid out in our Constitution go far
beyond financial accountability to refer to a broader understanding of the constitutionally defined
requirements of our Members of Parliament. That was made clear in the opening address by
LAWSON NAIDOO.
6 New Agenda - Issue 80
Checks and Balances Project
T
o quote from the founding using its majority to inhibit Parliament
provisions of the Constitution, from carrying out its constitutional
South Africa is one sovereign responsibilities, specifically stifling
democratic state founded on procedural issues, shutting down
the following values: universal adult … three principles debates, saying to portfolio committees
suffrage and a common voters’ roll, – on transport, public enterprises – that
regular elections, and a multi-party – accountability, they cannot have investigations into
system of government to ensure responsibility and Prasa or Transnet or Eskom.
accountability, responsibility and In a democracy, of course the
openness. It is those three principles openness – are key majority rules but you cannot have
– accountability, responsibility and to creating a vibrant abuse of that power to stop debates
openness – that are key to creating a from happening. If in an open debate
vibrant and responsive democracy. and responsive the majority imposes its position,
We speak of checks and balances, the democracy. I don’t think anybody could have a
title of this report [by the Institute for grievance about that (unless that
African Alternatives], which is very position flies in the face of the evidence
appropriate because our Constitution an understanding of the toxic political and is irrational); it is when Parliament
is all about a system of checks and environment that continues to exist in is stopped from doing its job, from
balances between the three arms of the Parliament, even in the sixth democratic actually discussing the issues, that there
state – the legislature, the executive and Parliament that we now have. is a significant problem.
the judiciary – and it is the necessary There is something to be learned This is one of the issues that
tension between those three that from the way the Standing Committee has been highlighted at the Zondo
ensures the vibrancy and the health of on Public Accounts [SCOPA] has Commission [into state capture]. One
every democratic society. operated over the years. It stands out as of the proposals we [CASAC – the
To hone in on Parliament, it is one of those committees of Parliament, Council for the Advancement of the
clear that Parliament has failed us, perhaps the only one, that actually does South African Constitution] have made
particularly in recent years. It has its job consistently. It does what it is is that Parliament should perhaps
failed in its constitutional mandate to mandated to do. It scrutinises reports rethink the issue of the chairmanship
scrutinise and oversee the actions of the from the Auditor-General in great detail of committees and perhaps allocate
executive. In the words of Ben Turok, it and submits reports to the National other parties an opportunity to
has allowed rampant corruption. During Assembly. The frustration of people like chair committees. It would create
his years as an MP in Parliament it was Ben Turok and the late former Auditor- an environment for the multi-party
an anathema to him that members of General, Kimi Makwetu, is that there is system that the Constitution speaks
his own party could behave in such a then no follow up action. of, and hopefully will develop a spirit
fashion and he expected that Parliament It is worthwhile to examine why of cooperation amongst members of
could and should be able to do more to SCOPA has managed to function as well committees.
stop that. But [Parliament] has proved as does, [with] a spirit of co-operation This is also important in terms of the
to be impotent, especially in the face of across parties. Obviously one of the presiding officers of Parliament. When I
state capture. things that is germane to SCOPA is that worked at Parliament as special assistant
There are a number of reasons for it is the only committee in Parliament to Frene Ginwala when she was Speaker,
that. Foremost to me is the breakdown in that is customarily chaired by a member there was always at least one member
trust, the trust deficit, between political of the opposition. In the Westminster of the opposition who had some role
parties and their representatives in tradition the main opposition party as presiding officer. In the early days of
Parliament, specifically in the National normally does that. In South Africa it is the Government of National Unity, Dr
Assembly. That trust deficit has widened someone from another party. Maybe it is Bandra Ranchod was Deputy Speaker.
in recent years, and when you have having [a Member from the] opposition Later, we had presiding officers from
that breakdown in trust the institution as chair of that committee [that enables other opposition parties to chair plenary
cannot operate optimally. It is certainly it to work so well]. sessions of the National Assembly. That
not in a position to exercise the very The systemic evidence of Parliament gave a sense that this was a Parliament
important mandate of oversight and not doing its job in holding the of the people, and not just a majority
accountability. This is a real problem, executive to account [goes back to] party-dominated assembly. That is
and the solution will have to be based on the insistence by the majority party of something we have lost now. At present
Issue 80 - New Agenda 7
… it is clear
that Parliament
has failed us,
particularly in recent
years. It has failed
in its constitutional
mandate to
scrutinise and
oversee the actions the Electoral Act [to] make provision end up in Parliament. In the current
for individual candidates to stand for pure Proportional Representation list
of the executive. election at national and provincial system parties publish lists ahead of the
levels. Perhaps this is an opportunity election but nobody scrutinises those
all of the members of the presidium of for Parliament to go further than simply lists in any detail. If we recommend
the presiding officers come from the do what the Court pointed out was something along the lines of what
majority party. It is those kinds of things unconstitutional and instead to go for was recommended by the majority
that lead to the breakdown of trust, the a wholescale review of the electoral of the Van Zyl Slabbert Task Team,
trust deficit, in Parliament. system, which is something that has of a multi-member constituency of
We speak about the issue of been on the agenda of South Africa for between three and seven members
accountability, and it is perhaps 20 years now. per constituency and a list of 15 to 20
germane to this discussion, where we We had the Van Zyl Slabbert names on that list, you would expect
focus on finance, the Auditor-General Task Team in 2002, we had the that each of those 20 people would have
and SCOPA, [to remember] that the recommendations of the Independent some form of relationship with the
origin of the term “accountability” is Panel on Parliament in the late 2000s people who vote [and they] would have
to account for money. In the context and then more recently the High-Level some personal understanding of the
of the Checks and Balances report that Review Panel, which was chaired by candidate standing in that constituency.
is obviously critical, but its meaning former President [Kgalema] Motlanthe, That could influence decisions on how
is clearly broader now, and is about which made its recommendations in [citizens] vote.
oversight and taking responsibility for 2017. It also recommended that we The late Auditor-General demanded
actions, answering for things done in a need to review the electoral system. So of all of us to make our voices louder on
policy and implementation space. there has been a process that has led us this [issue], and as the broader South
Perhaps we need to arm Members up to this point and hopefully people African society our responsibility is
of Parliament with the legislative will grasp the opportunity to create to become a more engaged citizenry,
safeguard of saying this is the minimum an electoral system that is not just not just in the electoral process but
that you need to do, and if your proportionality representative but also in Parliamentary and government
party tells you otherwise you have a enhances accountability. processes so that we become a proper
legislative mandate to do so, and that I am certainly not suggesting that participatory democracy and not a
deals with the party issue. a different electoral system would society that goes to the polls once every
As the result of a Constitutional either lead to a different electoral five years and spends the intervening
Court judgment in the New Nation outcome or would necessarily lead to five years complaining about the
Movement case in June last year greater and enhanced accountability, government that we elected.
Parliament is now in the process of but it may give us a little bit more
reviewing the electoral system to amend influence over the kinds of people that
8 New Agenda - Issue 80Checks and Balances Project
Acting on the evidence
By Moira Levy
Moira Levy is Production Manager of New Agenda: South African Journal of Social and Economic
Policy, which is the flagship publication of the Institute for African Alternatives (IFAA).
Following up the launch of
indeed was Parliament? Political and that steps be taken to ensure that future
IFAA’s Checks and Balances: civic voices are echoing this question parliamentary representatives are up to
The Auditor-General Project as well. Not only when it comes to the task of serving the people.
state capture, but where is it now, given IFAA canvassed opinions and
Report, MOIRA LEVY the constitutional stipulation that proposals following the launch of
requested a range of citizens to the legislature must provide effective its report about Parliament and the
comment on IFAA’s proposals oversight and accountability? Auditor-General. We found that the
The Speaker to Parliament, Ms problems extended well beyond a failure
in the report, and to contribute Thandi Modise, in a subsequent session to act against incidents of fruitless and
their own ideas on how to of the Zondo Commission held at wasteful government expenditure. MPs,
the end of April 2021 conceded that commentators and ordinary citizens
make our Parliament more Parliament had indeed failed to provide were asked how South Africa could
effective in carrying out its oversight. She apologised to “the people find a way to ensure that in future our
oversight duties. The responses of South Africa,” reportedly saying: “It democracy is able to withstand the kind
is regrettable that the impression is of assaults it has experienced in the
were practical and innovative Parliament only woke up when things past decade and longer. The responses
and included many concrete were really bad.” placed the blame firmly at the doors of
Modise told the Zondo hearings that the country’s legislatures, particularly at
suggestions that could be Parliament can interrogate any matter national level.
implemented to make our at any time — and determine its own The message that emerged is that
parliamentarians better at ways of doing so. It can call on anyone South Africa must take steps to make
and request any document. This is sure that the constitutional principles of
both checking and balancing. stipulated in the ordinary parliamentary transparency and accountability defend
The same principles should rules that have been in place from the and protect the country’s democratic
get-go of the democratic Parliament. achievements.
extend to members of our MPs have always had the powers and Many are looking to the Zondo
provincial legislatures and the right “to pointedly put the executive Commission as a way out of the current
municipal councils as well. on the spot”, not only in committees, mire of corruption in which South
but also in the House. But she said that Africa is currently trapped. Will the
the 2009 Oversight and Accountability Commission’s findings include hoped-
Introduction (OVAC) model (which was designed by for recommendations to reform the
“Where was Parliament?” Deputy the 4th Parliament of 2009 to 2014) had electoral system?
Chief Justice Zondo asked bluntly at a yet to be fully implemented. Whatever the final outcome of
hearing of the inquiry into state capture. This came after the Zondo the Commission, Professor Richard
The question could not have been Commission had heard expert witnesses Calland of the University of Cape
more timely for the Institute of African make serious allegations of the failure of Town’s law department spelled out
Alternatives which released Checks Parliament to fulfil its mandate. In that the main question: “How are we going
and Balances: The Auditor-General Project context, a collective hope was expressed to work to help make sure that the
Report just a few weeks before Deputy that the inquiry into state capture will recommendations of Zondo and the
Chief Justice Zondo’s question. Where include among its recommendations changes required in the conventions
Issue 80 - New Agenda 9Where was
Parliament? asked
Chief Justice
Zondo. Where is
[Parliament], given
the constitutional
stipulation that the
legislature must
provide effective
and practice [of Parliament] are as MPs. The Concourt found that the
implemented?” existing Electoral Law was incompatible oversight and
He was not the only person to make with the Constitution, opening the way accountability?
the point that all the mechanisms for electoral reform.
needed for our representatives to The Minister of Home Affairs, Dr
effectively exercise their constitutional Aaron Motsoaledi, acted fairly swiftly elected MPs could increase
duty to call the executive to account in response. Earlier this year the media complexities and make things worse!
are in place, yet MPs consistently fail to reported him declaring, “in complying Nevertheless, it was suggested
make use of them. with the Constitutional Court judgment that the PR system alone was not
“The legal provisions are there. to accommodate independent the problem; at the very least what
They are abundantly clear; there is no candidates … Parliament must actually was needed was citizens’ active
question or ambiguity about them. take a giant leap and come up with engagement in the process of compiling
In legal and constitutional terms a new electoral system”. A Cabinet parliamentary political party lists. Voters
Parliament’s role, and its authority and committee has been established and a must also be able to scrutinise potential
its duty, are clear. What is not clear is draft law is in the pipeline. candidates in advance of the poll.
how to overcome the political inhibiting Once again, the spotlight falls on the Many of those surveyed confirmed
factors that have got in the way of existing Proportional Representation one of the main findings of the IFAA
[using] them,” said Calland. (PR) voting system that prevents voters Checks and Balance report. That
Commentators emphasised how the from directly electing the Members of was the need for parliamentarians
Constitution provides for an effective Parliament who will represent them. to be fully trained and inducted,
“separation of powers” between the Whatever its strengths, it has generally and for them to have access to the
three arms of state – the legislature, the been conceded that PR undermines resources and skills required to
executive and the judiciary – and the accountability of MPs; it is difficult to exercise their constitutionally defined
need to revive a healthy tension between call to account your representatives responsibilities.
them which keeps each in check. when you do not know who they are This message was clear – Parliament
and, more importantly, if they owe must in future ensure that all its
Electoral reform plus their deployment primarily to the party representatives understand and are
skilled MPs… that put them in Parliament and only able to live up to the oath they take
Inevitably some of the views turned indirectly to the voters – who chose the when they are sworn into office. That
to the ongoing debate on the long- party, not them. boils down to one central point:
standing issue of electoral reform. The details of government’s Parliament needs committed, ethical
Government is now compelled to response to the required and appropriately skilled Members to fill
act on this issue following last year’s constitutional and legislative changes its 400 seats.
Constitutional Court judgment to are not yet available. Combining
permit independent candidates to stand parties’ PR lists with independently
10 New Agenda - Issue 80Checks and Balances Project
Government is now
compelled to act on
[electoral reform]
following last year’s
Constitutional
Court judgment to
permit independent
candidates to stand
as MPs.
Parliamentary Monitoring Group (PMG), depth at meetings as the presentation
Rashaad Alli, who pointed out that, documents are required to be sent a week
…and more effective “one of the biggest problems is the in advance so [that] committee members
committees high turnover of MPs at each election. and research teams can peruse them.
The “need to support, educate, According to our research, at the start This means that the committee is able to
mentor and generally capacitate of the sixth Parliament, 42% of MPs ask as many questions as it wants to and
MPs” was put in a broader context by were newcomers who did not have prior receive detailed responses.”
Professor Ivan Turok, son of the late legislature experience. Most of them For a committee to be effective, he
Professor Ben Turok who founded did not know about the committee said, it must have an efficient follow-up
the Institute for African Alternatives system, budget cycle or how to read an and resolution system where committee
(IFAA). The younger Turok, who is Amendment Bill. It is a steep learning support staff are able to follow up
Deputy Executive Director at the Human curve, and it takes time to develop the on the responses they get from the
Sciences Research Council (HRSC) said, specialised knowledge of their portfolio submissions and deliberations the
“As a senior HSRC executive I regularly and build up institutional memory.” committees hear.
make presentations to parliamentary He said “the real, substantive work “The next time the committee meets
committees, but these engagements are [of Parliament] – law-making, oversight with that entity, there must be follow-
rarely effective. Committee members and budget approval – happens in through on the key challenges facing
need to be encouraged and enabled to committees. Given their prominent that entity. It needs a strong team of
focus on the essential problems and role, it is important to look into who MPs backed by committee and party
get to grips with the underlying issues. sits on these structures and how researchers and secretariat to follow-
Committees that simply skate over the committee membership [is decided] through. It cannot be that each meeting
surface of 101 different things cannot to reduce turnover and build expertise. with a particular entity starts afresh
address the core problems and their The effectiveness of these bodies like Groundhog Day and the committee
root causes. Committee meetings are depends on the long-term quality of the members react as if they are hearing the
often poorly managed, with no clear knowledge of its members.” challenges for the first time.
agenda, no particular line of inquiry and As a long-standing and objective “By its nature, Parliament is
no follow-up actions. This is inefficient observer of Parliament, Alli is well a political body. As a result, it is
and results in a lack of impact, with placed to identify the institution’s impacted by the dominance of the
MPs apparently very often just going strengths and weaknesses, and what government, internal party dynamics
through the motions of having hearings gaps need to be filled to improve its and the electoral system. Parliamentary
and listening rather passively to all performance. The format of committee effectiveness depends on the attitude
kinds of inputs from external interests meetings needs to be looked at, he said. and commitment of Members of
and lobby groups.” “Chairpersons should insist that Parliament. Even if you have a well-
Committee performance was also only the achievements and especially resourced Parliament, it will provide
raised by the Executive Director of the the challenges are orally presented in poor outcomes if the lawmakers do not
Issue 80 - New Agenda 11fulfil their duties in accordance with of Rights, are particularly relevant. Pienaar added that the state provides
their oath of office.” He includes among these: dignity, public funding to private bodies such
equality, social justice and human as political parties, “in return for which
Public representatives rights, responsiveness, transparency and some reciprocity/accountability (beyond
matter accountability, and a “democratic and open merely accounting for the funds used)
Alison Tilley is Coordinator of the society in which government is based on can be reasonably expected.”
Judges Matter campaign which drives the will of the people and every citizen is He cited as a cause for concern
public scrutiny of the appointment of equally protected by law” (emphasis added). Minister of Natural Resources Gwede
judges. At the time of writing this article Pienaar said such norms and Mantashe’s recent evidence to the
Tilley was observing the process of filling standards are applicable to private Zondo Commission in which he
two vacancies at the Constitutional organisations, such as political parties, expressed support for the prioritisation
Court. She raised questions on the and quoted the Bill of Rights, which of party over state. He made this
educational requirements of those who states: clear by rejecting the authority of a
serve the public. Some suggest that parliamentary vote of no confidence to
Members of Parliament must at the A provision of the Bill of remove the country’s president where
very least attain a stipulated level of Rights binds a natural or a that person is also a party’s president.
education. She noted that this may be juristic person if, and to the “Such norms and standards would
seen as exclusionary as historical factors extent that, it is applicable, hopefully dispel misconceptions and
in South Africa’s past have denied many taking into account the nature halt perpetuation of the undemocratic
a decent education, largely on racial of the right and the nature of dogma that a party’s interests are of
grounds. any duty imposed by the right greater importance than those of the
But Members need to be at least (emphasis added). state and more important than the
fully literate and numerate, “otherwise rights of people living in South Africa.”
how can they read a budget and a
balance sheet,” she said, supporting the
proposal in the Checks and Balances
report to capacitate MPs to follow up
on the dodgy practices by the executive
exposed in the AG’s audits.
Mr Gary Pienaar, a Senior
Research Manager with the HSRC’s
Developmental, Capable and Ethical
State research division, suggested
what he called an “indirect” approach;
targeting political parties to improve the
quality of oversight by their MPs. The
intention would be to change internal
parties’ rules and organisational culture
to ensure their alignment with the
Constitution, “thereby changing the
conduct of MPs”.
“Certain ‘norms and standards’
should be established for incorporation
into political parties’ constitutions.
These norms and standards would
require that party constitutions and
conduct by members are consistent
with the country’s Constitution.”
He said constitutional values and
principles found in the Preamble and
s.1 Founding Provisions of the Constitution,
which are elaborated on in the Bill
12 New Agenda - Issue 80Checks and Balances Project
Broken branch structure is
ANC’s Achilles heel
By Keith Gottschalk
Keith Gottschalk is a lecturer at the University of the Western Cape. He is an ANC
member, but writes this article in his personal capacity as a political scientist.
On 31 March 2021, the come to the fore in recent weeks. Ace inside knowledge, I will infer a ballpark
Magashule, ANC Secretary-General, figure: they probably have over 100,000
Supreme Court of Appeal has reminded the public that it is party members.
declared the 2018 Free State branches which elect and remove ANC If we assume that the DA is the
provincial conference of leaders (Quintal, 2020). second biggest party with about 100,000
The trouble is that the ANC’s branch members, all the rest smaller, it appears
the ANC unlawful and structure, designed initially as a means that fewer than two million South
unconstitutional (De Vos, of grassroots democracy at work (ANC, Africans belong to any political party.
2017b), is in a mess (ANC, 2010).2 This But usually most of those members
2021). This covers the election is best exemplified by the collapse of do not attend their party branch
of the provincial leadership branches in the North West province meetings. Where a party directs its
at this conference. The (Tandwa, 2020). branches to hold monthly meetings,
Another problem is that most South typically only between 15 and 25 out
interference of the courts in the Africans, since the dawn of democracy in of 100 members will attend an average
internal processes of political 1994, have shown diminishing interest meeting.
in politics and voting (Southall, 2019). Enthusiasm for politics also
parties is unusual. This article I calculate by comparing the number routinely oscillates – at a peak in the
by KEITH GOTTSCHALK1 of citizens with the estimated number run-up months to an election; then
provides a unique insight of party members that, at most, 1% or dying back once the election is over.
2% of citizens sign up as members of The ANC, which has governed South
into basic problems of ANC a political party. That is based on the Africa since the end of apartheid in 1994
organisation at branch level. StatsSA count of around 58 million (Lawson, 2019), is representative of other
people (StatsSA, 2019). parties in witnessing these hard facts
The ANC is the biggest party, with of political life. Gwede Mantashe, when
D
emocracies are precarious 600,000 members (Stone & Mashego, secretary-general of the party, sounded
endeavours, as events around 2021). The Inkatha Freedom Party’s concern – the branches are supposed
the world are showing. In historical claims of over a million to be the powerhouse of the party, but
most, political parties hold members3 are obviously false, because all too often fizzle out between election
sway over whether the system delivers it gets fewer votes than that.4 (It is years (ANC, 2010).
the will of the people, or doesn’t. So theoretically possible for a party to get ANC branches probably peaked with
how political parties are organised plays fewer votes than its membership, but it enthusiasm and numbers between its
a big role in the health, or ill health, of is unlikely.) unbanning along with other liberation
democratic states. The Democratic Alliance (DA),5 movements in 19906 and the first
In South Africa, the issue of how the official opposition, keeps its universal franchise elections of 1994.7
the governing ANC is held accountable membership numbers as tightly held The party’s membership of 600,000 is
by its members (ANC, 2017a: 83) has as a Kremlin secret. In the absence of now down from over a million in 2010.
Issue 80 - New Agenda 13Democracies
are precarious
endeavours … how
political parties are
organised plays a big
role in the health,
or ill health, of
democratic states.
While there may not be a tight
correlation between party members and
voters, member numbers are usually the elective conference if the branch is (Booysen, 2017), each member had to
broadly proportional to the number of likely to vote against the gate-keepers’ produce their identity document, which
probable voters. preferred candidate. was digitally imaged, date-stamped
Where a branch is deemed “no and had geo-location added (personal
‘Ghost members’ and longer in good standing”, a few observation).
gate-keeping members will seek to join a nearby This was done to prove that all who
Superimposed on these universal branch. But most will be demoralised signed the attendance register were
facts of political life are the ugly and drop out. physically present at the same time on
machinations of power contestation. Another problem stems from the the same premises. The device had an
These often take the opposite forms of ANC constitution requiring a quorum of automatic shut-down at 21h00.
ghost members and gate-keeping. half of the members in good standing to Three years later, the ANC migrated
“Ghost members” (Matlala, 2017) attend a branch annual general meeting its membership lists from the usual
typically come about through the (AGM) or to elect a voting delegate paper system to an online system
machinations of wealthy aspirant (ANC, 2017b). One middle class branch where each member directly signs
politicians who can cheerfully pay 100 had to call its AGM seven times before it on with Luthuli House, the head
people to join, as the minimum for could get 50 members under one roof at office in Johannesburg (SABC, 2020).
an ANC branch in good standing, as the same time to vote. Less scrupulous The intention is that this will short-
well as pay each of their R20 annual branches will take the attendance circuit any gatekeepers at a regional or
membership fees. Such a ghost branch register from door to door until they provincial level. Currently, the system
will then nominate a voting delegate to accumulate 50 signatures, and then hold has teething troubles.
an elective conference to vote for their their election. The ANC is long overdue for a
patron politician to some higher office. revision of its constitution to provide a
After the election, the branch will fizzle Tackling membership mechanism for quorums used by many
out for the next five years. malpractices statutory and other entities. Where
“Gate-keeping” (Mokobo, 2017) refers The ANC has taken steps attendance is below a quorum, the
to hostile politicians at a regional or unprecedented by any other South meeting is adjourned for seven days,
provincial level removing members in African party to counteract these with no changes to the agenda. When
good standing from membership lists, malpractices (Mathope, 2017). At reconvened, that meeting is deemed to
until a branch falls below the threshold the branch meetings to elect Cyril be quorate, regardless of actual numbers
of 100 members. The aim is to deny a Ramaphosa or Nkosazana Dlamini- in attendance. This would prevent
branch the right to send a delegate to Zuma as leader of the party in 2017 demoralised members from coming in
14 New Agenda - Issue 80Checks and Balances Project
Mokobo, N. 2017. ‘Mashatile denies allegations of
future performance, both need to touch gatekeeping.’ SABC. 13 November. Available at
base with their supporters before the https://www.sabcnews.com/sabcnews/mashatile-
denies-allegations-of-branches-gate-keeping/
2021 local government elections.
Quintal, G. 2020. ‘Ace Magashule says he will not be
removed as ANC secretary-general: With an ANC
Ace Magashule, ANC REFERENCES
ANC, 2017a. ‘The African National Congress wishes
decision for members to automatically step down
if facing criminal charges not yet rubber-stamped,
Secretary-General to send a clear message to all South Africans
that we are resolved to be a more responsive and
Magashule says only the “branches of the ANC”
can remove him.’ BL Premium. 13 November.
has reminded the more accountable leadership and movement.’
Report of the 54th National Conference. p. 83 Available
Available at https://www.businesslive.co.za/bd/
national/2020-11-13-ace-magashule-says-he-will-
not-be-removed-as-anc-secretary-general/
public that it is party at http://joeslovo.anc.org.za/sites/default/
files/docs/ANC%2054th_National_Conference_ SABC. 2020. ‘ANC launches new online membership
branches which elect Report%20and%20Resolutions.pdf
ANC. 2017b. ANC Constitution as amended and adopted
system.’ 28 February. Available at https://www.
sabcnews.com/sabcnews/anc-launches-new-
and remove ANC at the 54th National Conference, Nasrec, Johannesburg
2017. Rule 23 Branches, Zonal and Sub-Regional
online-membership-system/
Southall, R. 2019. ‘South Africa’s 2019 poll showed
leaders. The trouble Structures. Available at https://www.anc1912.org.
za/constitution-anc
dangerous signs of “insiders” and “outsiders”.’
The Conversation. 4 August. Available at https://
is that the ANC’s ANC. 2010. Report on the state of the organisation by
ANC Secretary General Gwede Mantashe. September.
theconversation.com/south-africas-2019-poll-
showed-dangerous-signs-of-insiders-and-
outsiders-121758
branch structure … Available at https://cdn.24.co.za/files/Cms/
General/d/887/9d7dcecac64248138eb93809310 StatsSA. 2019. ‘SA population reaches 58,8
is in mess. 9d975.pdf
Booysen, S. 2017. ‘The ANC leadership race will go
million’. Available at
down to the wire: here’s why’. The Conversation. 6 Stone, S. and Mashego, A. 2021. ‘How the ANC
December. Available at https://theconversation. dropped the ball on land’. City Press. 4 April.
com/the-anc-leadership-race-will-go-down-to- Available at https://www.news24.com/citypress/
the-wire-heres-why-88667 politics/how-the-anc-dropped-the-ball-on-
De Vos, P. 2021. ‘Vote-buying and branch-stacking: land-20210403
Is it possible to solve the problem of the ANC Tandwa, L. 2020. ‘ANC top brass visit embattled
leadership election process?’ Daily Maverick. 06 branches in North West’. News24. 23 November.
April. Available at https://www.dailymaverick. Available at https://www.news24.com/news24/
co.za/article/2021-04-06-vote-buying-and-branch- southafrica/news/anc-top-brass-visit-embattled-
stacking-is-it-possible-to-solve-the-problem-of- branches-in-north-west-20201123
the-anc-leadership-election-process/
Gottschalk, K. 2020. ‘Africa’s oldest surviving party
– the ANC – has an Achilles heel: its broken ENDNOTES
branch structure.’ The Conversation. 24 November.
Available at https://theconversation.com/africas- 1 This article was first published online by The
oldest-surviving-party-the-anc-has-an-achilles- Conversation in November 2020.
heel-its-broken-branch-structure-150210 2 See section 8. “… Most branches have no
Gottschalk, K. 2019. ‘South Africa’s Democratic programme and are inactive. Branches exist
Alliance at 60: Big strategic questions lie ahead.’ during preparation for conferences. Buying
The Conversation. 16 May. Available at https:// membership for members patronage and
theconversation.com/south-africas-democratic- nepotism …The role of the branch in electing
alliance-at-60-big-strategic-questions-lie- leadership, including public representatives, is
ahead-117129 riddled with flaws …” Available at https://cdn.24.
co.za/files/Cms/General/d/887/9d7dcecac64248138
Larson, Z. 2019. ‘South Africa: 25 years since eb938093109d975.pdf
Apartheid.’ Origins Vol 12, No 11. August. Available
at https://origins.osu.edu/article/south-africa- 3 https://www.britannica.com/topic/Inkatha-
mandela-apartheid-ramaphosa-zuma-corruption Freedom-Party
Mathope, G. 2017. ‘ANC national conference 4 https://www.elections.org.za/NPEDashboard/
credentials report by the numbers: Only three app/dashboard.html
vain to meeting after inquorate meeting. 5 https://membership.da.org.za
provinces had their registered delegates approved
These valiant efforts will not to vote in totality by the verification committee.’ 6 See F. W. de Klerk’s speech at the opening of
address the problem of low attendance Citizen. 17 December. Available at https://citizen. Parliament, 2 February 1990. Available at https://
co.za/uncategorized/1761176/anc-national- omalley.nelsonmandela.org/omalley/index.php/
at routine branch meetings. Whereas conference-credentials-reports-by-the-numbers/ site/q/03lv02039/04lv02103/05lv02104/06lv02105.
political parties have resorted to starting Matlala, A. 2017. ‘Ghost ANC members probed in html
all large rallies with a pop concert, this provinces: The National Executive Committee 7 1993. ‘The end of apartheid in South
(NEC) of the ANC recently announced it is Africa.’ Strategic Survey, 94:1, 214-223, DOI:
cannot be done at branch meetings. probing allegations of ghost branch membership 10.1080/04597239308460952
In Africa, the ANC is the oldest in Limpopo, Kwazulu-Natal, Eastern Cape and
8 https://www.africanliberty.org/2012/01/08/africas-
Mpumalanga’. Polokwane Review. 19 July. Available
surviving party,8 and the DA the eighth at https://reviewonline.co.za/219561/ghost-anc- oldest-political-movement-celebrates-centenary/
oldest (Gottschalk, 2019). As historical members-probed-in-provinces/
achievements are not always a guide to
Issue 80 - New Agenda 15Mitigating the impact of
COVID-19 and options for
economic revival in SA
By Busani Ngcaweni and Jacqueline Nkate
Busani Ngcaweni is a visiting Adjunct Professor at the Wits School of Governance and
Principal of the National School of Government, a state training institution in Gauteng
tasked to build public sector capacity. Jacqueline Nkate is Deputy Director: Knowledge
Management at the National School of Government.
Drawing on recent working than a decade. This is due to cyclical Eskom’s debt increased from R255
papers from the National and structural impediments, as well billion in 2014 to over R440 billion by
as the global dynamics precipitated 2019 (Department of Public Enterprises,
Planning Commission, by the 2008 financial crisis. Evidence 2019). Contingent liabilities are a burden
the authors argue that suggests that both causative factors on the fiscus, with Eskom accounting
account for most of our socio-economic for 77% of that (Coleman, 2020). For its
rebuilding state capacity challenges. Declining competitiveness part, the Organisation for Economic
should be prioritised as part is one of the structural weaknesses, Cooperation and Development (OECD),
of South Africa’s economic with the Global Competitiveness Report a club of rich nations, argues that
of 2019 ranking us 60th in the world this impacts business and investor
recovery plan. Boosting (World Economic Forum, 2019). The confidence (OECD, 2020). At the
infrastructure and promoting same report cites weak security, low same time, the country battles high
levels of government adaptability to unemployment rates that have peaked
manufacturing present viable change and the lack of transparency of above 30% (National Treasury, 2020).
opportunities for reviving the public procurement as further drivers We highlight these budgetary
economy, but bureaucratic of declining competitiveness. Cyclical pressures by way of foreshadowing
shocks include policy uncertainty, the the view that government, instead of
and other systemic and impact of a devastating drought and focusing on investing in productive
institutional inefficiencies the poor performance of public utilities activities that aid firms and enterprises to
such as Transnet and Eskom. grow, is funding badly performing SOEs.
will have to be addressed. The Most of the current challenges All the while, unemployment,
authors put forward their are path dependent (i.e. they reflect poverty and inequality continue to
recommendations to tackle recurrent historical factors), with rise (alongside corruption, which is
most analysts arguing that most so severe it belongs with the “three
constraints on growth. administrations stick to familiar challenges”) and the recession deepens.
decisions and programmes even though In late 2020, the South African Reserve
Introduction these have proven ineffective over time. Bank (SARB) reported that “real gross
South Africa has been experiencing An example is the ongoing bailouts domestic product [GDP] is contracting
low economic growth rates for more of State-Owned Enterprises (SOEs). at an annualised rate of 2.0%, following
16 New Agenda - Issue 80You can also read
