Issued by Ismail Joosub on behalf of the FW de Klerk Foundation on 13/08/2024
Introduction:
This article investigates controversial members of Cabinet in the Government of National Unity (“GNU”), taking into account the demands of the various parties to it. Specifically, it examines those facing criminal prosecution, or allegations of committing crimes. It is the second article in a series, with the first article investigating controversial Members of Parliament (“MPs”).
South Africa’s recent political developments have ushered in a second GNU, built around “Integrity, good governance and accountable leadership” (Founding Principle 8.10 of the GNU Statement of Intent). However, among the newly appointed Cabinet members (i.e. Ministers) are several individuals tainted by allegations of corruption, raising critical questions about their suitability for executive positions.
MP first, Minister second:
The Constitution mandates that the President appoint the Cabinet, which consists of himself (as the head of the Cabinet), a Deputy President and the various Government Department Ministers (section 91). Nearly all the Ministers are MPs (the President may only appoint up to two (2) people who are not MPs as Ministers (see section 91(3)(c)). Put differently, to be eligible for a Cabinet position, individuals must first secure seats as MPs in the national elections. Thus, everything in the formation of the Cabinet hinges on the composition of the Parliament.
To contest for a seat in Parliament, candidates must first undergo an internal party assessment, which then ranks their position on the party list submitted to the Independent Electoral Commission (“IEC”). Party lists are comprehensive rosters of candidates a party nominates for election. According to section 27(1) of the Electoral Act, 1998, these lists must be submitted to the IEC. These must be accompanied by declarations and undertakings – as specified in section 27(2) – including the undertaking to be bound by the Electoral Code of Conduct. These measures ensure that each candidate meets constitutional and legal requirements and agrees to adhere to the electoral code.
The Constitution outlines that MPs must swear faithfulness to the Republic and to obey, uphold and respect the Constitution and all other laws. Similarly, Ministers and Deputy Ministers swear an oath to “obey, respect and uphold the Constitution and all other laws of the Republic” and to perform their duties “with honour and dignity” (schedule 2, chapter 14 of the Constitution).
Coalitions – The Aftermath:
After losing its majority and falling to just 159 seats out of 400 in Parliament, the ANC found itself scrambling to form a coalition. In a surprising turn, the ANC and DA set aside their…
Patricia de Lille:{2019 – 2023} Patricia de Lille served as Minister of Public Works and Infrastructure from May 2019 to March 2023. She is a seasoned politician and founder of the Good Party. De Lille has been an advocate for transparency and efficiency in government projects, emphasizing the importance of infrastructure in social and economic development.
chew chew
The only way to know that small things irritate is when you share a room with a mosquito at night.
Mad Viral
Fun South African Fact: South African fish migration is so huge you can see it from space.