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You are here: Home / Archives for law

law

28 March 2024

X marks the spot

Location: News

X marks the spot

With the clock inching closer to Voting Day when citizens will mark their X next to the name of their preferred candidate in the 2024 general elections, it is important that we all go into the various voting booths across the country armed with all the relevant information to make an informed choice, writes Neo Semono.

The 2024 National and Provincial Elections coincide with the 30 years of freedom and democracy celebrations that the country is observing this year.

Young and old registered voters will make their mark in South Africa’s seventh democratic elections on 29 May after which the seventh administration will come into being.

While we are accustomed to receiving two ballots in national and provincial elections, things will be a little different this Voting Day.

Instead of the usual two - registered voters will this time around receive three ballot papers - wherein to mark their X.

The three ballots are the result of the passing of the Electoral Amendment Act of 2023.

The Electoral Amendment Act of 2023 which President Cyril Ramaphosa signed into law on 17 April 2023, gives effect to the Constitutional Court judgment handed down in June 2020.

The judgement declared the Electoral Act of 1998 unconstitutional for stipulating that election to the National Assembly and provincial legislatures may only be attained through membership of political parties.

The court gave Parliament two years to remedy the defects. Since the court decision, the Electoral Bill was born and extensive public consultations on the bill were held by Parliament’s National Assembly and the National Council of Provinces.

This prompted Parliament to request two deadline extensions from the court with the final deadline for Parliament to pass the bill having been set at 28 February 2023.

And while there were hiccups, the Act finally became law in June 2023.

Less than a year later since becoming law, South Africans will be voting in elections that include independent candidates.

Come Wednesday, 29 May, voters will receive three ballots - the first being for the election of the compensatory 200 members of the National Assembly, which is only contested by political parties on a closed list basis.

According to the Electoral Commission (IEC), the second ballot will be for the regional elections of the 200 members of the National Assembly. This ballot will vary from region to region, depending on which parties and independent candidates contest the relevant regional election. Only the names of political parties and independent candidates that have met the requirements to contest each regional election will appear on this ballot.

According to the commission, in the national elections, independent candidates will contest the 200 regional seats alongside political parties, while the other 200 seats will be compensatory to bring back general proportionality for political parties.

This means that the total votes for a party in a region determine the number of seats they hold.

The third ballot which is the provincial ballot, will be for electing the members of the provincial legislature in each of the nine provinces. It contains the names of the political parties and independent candidates that have met the requirements to contest each provincial election.

However, while independent candidates can contest in multiple regions, they are limited to winning just one seat in the National Assembly.

The participation of independent candidates in the country’s elections for the very first time, is a feather in South Africa’s cap. It’s a reflection of a democracy in action.

And while the country is not without its faults, including corruption and the continued impact of the state capture years among a list of things that need attention, our democracy is a robust one and very much alive with individuals and organisations able to approach the courts for relief.

The judgment in the matter of the New Nation Movement NPC & others V President of the Republic of South Africa & others where the Electoral Act of 1998 was declared unconstitutional for stipulating that election to the National Assembly and provincial legislatures may only be attained through membership of political parties, is one such example.

The year of the three ballots at the polls is also the year wherein the South African voters’ roll which was first compiled ahead of the 1999 national and provincial elections, has swollen to 27.79 million registered voters.

In 1999, the voters’ roll stood at 18.17 million registered voters.

While it is not a perfectly hung portrait, the South African canvass is continually being improved upon with the flair and outspokenness that we’re known for.

Let us go out and exercise our right to vote. The South African Inc picture is far from being complete, it needs you and I. -SAnews.gov.za

Neo Semono is a Features Editor at SAnews.

Neo
Thu, 03/28/2024 - 08:44

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Read moreX marks the spot
27 March 2024

Comments sought on ConCourt, SCA nominations

Location: News

Comments sought on ConCourt, SCA nominations

The Judicial Service Commission (JSC) is calling for submissions on the suitability or otherwise of President Cyril Ramaphosa’s nomination of Deputy Chief Justice Mandisa Maya to the position of Chief Justice.

The position will become vacant at the end of August this year when the term of office of Chief Justice Raymond Zondo comes to an end.

Submissions are also sought on the President’s nomination of the Chairperson of the Electoral Court, Justice Dumisani Zondi, to the position of the Deputy President of the Supreme Court of Appeal.

“Deputy Chief Justice MML Maya and Justice DH Zondi have accepted nomination and on 22 March 2024 submitted the required questionnaire for Judges and all the standard documents required of persons who seek to be appointed as Judges.

“Law bodies, members of the public and other interested institutions are invited to make written submissions on the suitability or otherwise of the President’s nominees for appointment as Chief Justice and Deputy President of the SCA respectively, and any other relevant information relevant to the selection process,” the JSC said.

Comments can be sent to the Secretariat of the JSC at MMondlane@judiciary.org.za and TPhaahlamohlaka@judiciary.org.za with copy to JSC@judiciary.org.za.

“All comments must reach the Secretariat of the JSC by no later than 02 May 2024. Comments on each nominee must be submitted on separate pages. No comments received after the closing date will be considered.

“After receipt of comments, the JSC will invite the nominees to attend interviews that will be open to the public. Details of the date, time and venue will be communicated to the media and the public in due course,” the JSC said. – SAnews.gov.za

 

NeoB
Wed, 03/27/2024 - 12:06

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Read moreComments sought on ConCourt, SCA nominations
27 March 2024

Call for responsible driver behaviour

Location: News

Call for responsible driver behaviour

Motorists have been warned against violating traffic laws this Easter weekend as law enforcement officials intensify their operations to ensure the country’s roads are safe.

“Roadblocks will be staged on all major routes and within residential areas to address deviant behaviours by those who think that long weekends are a license to break the rules of the road and undermine our national effort to make our road safe,” Minister of Transport Sindisiwe Chikunga said.

Traffic volumes are expected to start increasing on Thursday, 28 March, from about 10:00 and will stay high until about midnight.

“On Friday, 29 March, traffic volumes will start increasing early in the morning and will return to normal after 14:00. Return traffic will commence with worshippers from Moria City and other places of worship on Sunday, 31 March.

“All other main routes are expected to be extremely busy throughout Monday, 01 April. We appeal for motorists to stagger their traveling,” Chikunga said.

Addressing the 2024 Easter Road Safety Campaign in Mpumalanga the Minister said government has set a target to reduce road fatalities by 15% this Easter.

“We have mapped the routes, sharpened our strategies, and prepared our battle plan. With Gauteng being home to 40% of South Africa’s vehicle population, we expect a substantial number of motorists to leave Gauteng to different holiday destinations.

“The N1 towards Polokwane, especially the road to Moria City in Limpopo and to Beit Bridge, will be heavily policed. The N3 to the coastal city of Durban and N1 to the Free State, Western Cape, particularly Cape Town to Eastern Cape will be no exception.

“Here in Mpumalanga, on the N4 we expect heavy traffic especially on stretches leading to border gates and around toll gates,” the Minister said.

She called on the religious community, especially those that will be travelling to different places of pilgrimage, to ensure that the busses and taxis they hire are roadworthy and fit to be on the roads.

“Attention must be paid to ensure that the bus has two drivers who will relieve each other during the trips to avoid fatigue. Vehicle must also have proper permits that allow them to travel outside of their normal routes. This will help to avoid conflict with other operators and inconvenience to passengers when the vehicles are stopped by law enforcement authorities,” the Minister said.

She said government is committed to improving performance on road safety.

This endeavour will be achieved by integrating law enforcement efforts and avoiding fragmentation, improving community understanding of factors behind road carnages and the role they can play to reduce as well as placing road safety on the national agenda.

“We are warning those who are a law unto themselves to obey traffic rules or else they will face the full might of the law. The message is simply that if you are reckless and irresponsible you will be locked up in jail, for in our view you are danger to society… if you drive drunk, if you drive at excessive speed, you drive a vehicle without number plates, you drive without a driver’s licence,” the Minister said. – SAnews.gov.za

 

 

nosihle
Wed, 03/27/2024 - 10:46

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Read moreCall for responsible driver behaviour
26 March 2024

Legal Considerations when Protecting Your Intellectual Property

Location: MyPR

What is Intellectual property? Intellectual property (IP) is a legal concept that protects the creations of the mind, such as inventions, literary and artistic works, designs, symbols, and names. It grants creators exclusive rights to their creations, similar to physical property rights. IP law encompasses various categories, including patents, copyrights, trademarks, and trade secrets, each …

Read moreLegal Considerations when Protecting Your Intellectual Property
26 March 2024

SA welcomes adoption of the UNSC resolution on Gaza ceasefire

Location: News

SA welcomes adoption of the UNSC resolution on Gaza ceasefire

South Africa has expressed its support for the United Nations Security Council (UNSC) resolution calling for an immediate ceasefire in Gaza.

This comes after the adoption of Resolution 2728 (2024) by the UNSC on Monday, which demands an “immediate ceasefire” in the Gaza Strip for the duration of the Muslim holy month of Ramadan, which ends in two weeks.

While the United States abstained from the vote, the 14 other council members all voted in favour to none against the Security Council ceasefire resolution. 

“South Africa is pleased that the Security Council has, at long last, demanded an immediate and lasting ceasefire for the month of Ramadan and the resolution must also propose that this ceasefire should lead to a lasting sustainable ceasefire,” said International Relations and Cooperation Minister, Dr Naledi Pandor.

“It is now the responsibility of the United Nations Security Council to ensure that there is compliance with the resolution, which is binding on the parties,” said the Minister in a statement on Monday.

Pandor said South Africa remains concerned that in the over five months since the conflict began, thousands have lost their lives, including over 13 000 children.

READ | SA stands by decision to file lawsuit against Israel

Resolution 2728 also notes an “urgent need to expand the flow of humanitarian assistance to and reinforce the protection of civilians in the entire Gaza Strip”. 

“It is, therefore, vital that the parties comply with the Security Council,” the Minister added. 

The Council also demanded the “lifting of all barriers to the provision of humanitarian assistance at scale, in line with international humanitarian law, as well as Resolution 2712 (2023) and 2720 (2023)”.

Secretary-General of the UN, António Guterres, tweeted: “The Security Council just approved a long-awaited resolution on Gaza, demanding an immediate ceasefire, and the immediate and unconditional release of all hostages. This resolution must be implemented. Failure would be unforgivable.” 

Guterres also called for the fight in Gaza to end now.

“The hostages must be released now. And we must not lose sight of the big picture. A lasting end to the Israeli-Palestinian conflict can only come through a two-State solution.” – SAnews.gov.za

 

 

Gabisile
Tue, 03/26/2024 - 09:20

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Read moreSA welcomes adoption of the UNSC resolution on Gaza ceasefire
26 March 2024

Rude and threatening magistrate fired

Location: News

Judge upholds dismissal of Judith van Schalkwyk, who also took money from an attorney to travel to the US

Read moreRude and threatening magistrate fired
26 March 2024

President Ramaphosa welcomes adoption of United Nations Security Council Resolution demanding immediate ceasefire in Gaza

Location: News

The Presidency of the Republic of South Africa
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President Cyril Ramaphosa has welcomed the adoption of Resolution 2728 (2024) by the United Nations Security Council (UNSC) on 25  March 2024, which demands an immediate ceasefire in the Gaza Strip during the Holy Month of Ramadan.

President Ramaphosa said," We  must seize the opportunity presented by this Security Council Resolution to create a firm foundation for a permanent ceasefire and the resumption of negotiations. We need to stop the carnage and begin walking a path to peace". 

The President called on the United Nations Security Council to ensure that there is compliance with the resolution, which is binding on the parties.

South Africa remains concerned that in over five months, since the escalation the conflict, thousands have lost their lives, including over 13 000 children.   

As Resolution 2728 notes, there is an “urgent need to expand the flow of humanitarian assistance and to reinforce the protection of civilians in the entire Gaza Strip”.

It is therefore vital that the parties comply with the Security Council, “demand for the lifting of all barriers to the provision of humanitarian assistance at scale, in line with international humanitarian law, as well as Resolution 2712 (2023) and 2720 (2023)”.

Distributed by APO Group on behalf of The Presidency of the Republic of South Africa.

Read morePresident Ramaphosa welcomes adoption of United Nations Security Council Resolution demanding immediate ceasefire in Gaza
26 March 2024

President welcomes UNSC resolution on Gaza ceasefire

Location: News

President welcomes UNSC resolution on Gaza ceasefire

President Cyril Ramaphosa is the latest world leader to back the United Nations Security Council (UNSC) decision which demands an “immediate ceasefire” between Israel and the Palestinian group Hamas in Gaza.

This follows the UNSC’s adoption of Resolution 2728 (2024) on Monday, which demands an immediate ceasefire in the Gaza Strip for the duration of the Muslim holy month of Ramadan, ending in two weeks.

The United States abstained from the vote, with the 14 other council members all voting in favour to none against the Security Council ceasefire resolution.

“We must seize the opportunity presented by this Security Council resolution to create a firm foundation for a permanent ceasefire and the resumption of negotiations. We need to stop the carnage and begin walking a path to peace,” said President Ramaphosa in a statement. 

READ | SA welcomes adoption of the UNSC resolution on Gaza ceasefire

The recent passing of this resolution marks the first of its kind in the nearly six-month-long war.

Resolution 2728 also notes an “urgent need to expand the flow of humanitarian assistance and to reinforce the protection of civilians in the entire Gaza Strip”.

The Council also demands lifting all barriers to providing humanitarian assistance in line with international humanitarian law, as well as Resolution 2712 (2023) and 2720 (2023).

The first citizen has since called on the UNSC to ensure compliance with the resolution binding on the parties.

Meanwhile, he said South Africa remains concerned that in over five months since the escalation of the conflict, thousands have lost their lives, including over 13 000 children.  

As per a Reuters article, at least 32 333 Palestinians have been killed in Israel’s retaliatory military campaign in Gaza, with thousands more feared buried under rubble.

“It is, therefore, vital that the parties comply with the Security Council,” the President added. – SAnews.gov.za

 

Gabisile
Tue, 03/26/2024 - 13:12

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Read morePresident welcomes UNSC resolution on Gaza ceasefire
25 March 2024

Orders granted to seize assets from illegal mining kingpins

Location: News

Orders granted to seize assets from illegal mining kingpins

The National Prosecuting Authority’s Asset Forfeiture Unit (NPA AFU) has obtained three orders granting the unit permission to seize assets worth some R18 million from alleged illegal mining kingpins.

The order was granted in the Pretoria High Court to seize 16 bank accounts, 51 vehicles and seven properties from several suspects which NPA spokesperson Lumka Mahanjana said are “the proceeds of unlawful activities of a syndicate dealing in unwrought gold in Khutsong area” in Carletonville.

“This emanates from a criminal investigation by the Directorate for Priority Crime Investigation [the Hawks] registered project Gillette in 2018 with the specific purpose of infiltrating a syndicate which dealt in unwrought gold where they illegally buy gold-bearing materials from legal mining workers and illegally from Zama-Zamas [illegal miners].

“They then process it into gold nuggets and sell it around the Johannesburg area, but the main buyers are unknown at this moment. The syndicate is mainly composed of foreign nationals from Zimbabwe and Mozambique. Some members of the syndicate acquired South African Identity documents fraudulently,” she said.

The properties are expected to be sold at public auction with the proceeds going into the Criminal Asset Recovery Account (CARA).

“The trial against the nine accused who are facing various charges including money laundering and racketeering is set to start on 24 July 2024 at the Pretoria High Court after it was transferred from [the] Oberholzer Magistrates Court.

“These forfeiture orders are part of the implementation of the Asset Forfeiture Unit’s asset recovery strategy to claim the proceeds of criminal activities back to the state. The overall National Anti-Corruption strategy by law enforcement agencies is to strengthen the fight against corruption by pursuing both civil and criminal processes to ensure that impunity is no longer a given,” Mahanjana said. – SAnews.gov.za

 

NeoB
Mon, 03/25/2024 - 14:30

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Read moreOrders granted to seize assets from illegal mining kingpins
25 March 2024

Increased deployments at the country’s borders this Easter weekend

Location: News

Increased deployments at the country's borders this Easter weekend

More Border Management Authority (BMA) resources are going to be deployed and operating times will be increased at the country’s ports of entry in anticipation of an increase in movements during the Easter long weekend.

“The BMA is compelled to properly plan and execute a deliberate plan in order to ensure smooth and secure border operations during this period,” BMA Commissioner Michael Masiapato said on Monday.

Briefing the media in Pretoria, Masiapato said there was a critical need for the authority to increase its deployment of resources in anticipation of increased movements at the borders, as this presents unique challenges.

“As a reminder to all the stakeholders, the BMA is mandated to facilitate and manage the legitimate movements of persons and goods across all our 52 land ports of entry, 10 international airports and nine seaports,” he said.

The facilitation of movement at the ports of entry is done across five key functional areas of immigration, port health, environmental and agricultural biosecurity, including access control and general law enforcement at the ports of entry and border law enforcement areas.

“During these facilitations, the BMA officials have to secure the ports environment against threats of illegal migration, smuggling, as well as trafficking of persons and goods.

“With this in mind, we have formulated comprehensive strategies and an operational plan to ensure that our deployments are responsive and ensure efficient port operations, with the requisite capability to deal with any security threats and/or risks, which may arise during the upcoming Easter period,” he said.

The Easter operational plan is supported by various law enforcement structure,s such as the South African Police Service (SAPS), South African Revenue Service (SARS), South African National Defence Force (SANDF), Cross Border Road Transport Agency and various traffic authorities.

“Since our establishment, the BMA has intensified its working relationship with the Immigration Inspectorate, which has the mandate to identify illegal migrants who are already in the country and ensure their processing for deportation to their respective countries,” Masiapato said.

He said in this Easter period, they anticipate about one million people moving through the country’s ports.

“The numbers for this year’s Easter period could escalate further as members of the Zion Christian Church (ZCC), one of our biggest churches in the region, is opening for the annual Easter pilgrimage to Moria for the first time since COVID-19.”

Masiapato said the BMA has engaged their counterparts in Lesotho, Zimbabwe, Mozambique, Eswatini and Botswana, and they have agreed to extending operating hours at certain critical ports, which do not usually operate on a 24-hours basis.

The chairperson of the Inter-Ministerial Consultative Committee on Border Management, who is also the Minister of Home Affairs, Dr Aaron Motsoaledi, has approved the request to extend operating hours for selected ports.

Statistics for the 2023 Easter period showed that ports of entry, which facilitated the majority of the people were Beitbridge to Zimbabwe, Lebombo to Mozambique, Groblers Bridge to Botswana, Maseru Bridge and Ficksburg to Lesotho, OR Tambo International Airport, Cape Town International Airport, Oshoek to Eswatini, Kopfontein to Botswana and Caledonspoort to Lesotho. – SAnews.gov.za

Edwin
Mon, 03/25/2024 - 14:47

244 views
Read moreIncreased deployments at the country’s borders this Easter weekend
25 March 2024

SA-US relationship built on mutual respect and cooperation

Location: News

SA-US relationship built on mutual respect and cooperation

President Cyril Ramaphosa has acknowledged that the relationship between South Africa and the United States has recently received a great deal of attention due to the Israel-Palestine conflict.

In his weekly newsletter, the President assured citizens that strengthening ties between the two countries was among the important issues discussed by the International Relations and Cooperation Minister, Dr Naledi Pandor, during her working visit to Washington last week, where she met with United States officials.

“The topic also featured prominently in a meeting that I had in Cape Town last month with a bipartisan delegation from the US Congress,” he wrote in his weekly letter. 

He also touched on the US-South Africa Bilateral Relations Review Act, which seeks to review the bilateral relationship between the two nations amid geopolitical differences that was discussed last week in the US House of Representatives’ committee. 

The discussion, President Ramaphosa wrote, provides an opportunity to clarify South Africa’s positions and to correct misperceptions about the Republic's foreign policy.  

“An important starting point for that discussion is that since the advent of democracy in 1994, South Africa has sought, through its foreign policy, to promote peace, security and development on the African continent and across the world.” 

Consistent with history, he said South Africa has taken a non-aligned position in its international relations. 

“We have deliberately avoided aligning our country with any of the major powers or blocs. Rather, we have sought to forge cordial relations with all countries. While we have taken a non-aligned position, we continue to pursue positions that are in keeping with the UN [United Nations] Charter.” 

He emphasised that South Africa has aimed to promote an inclusive and representative global order, strengthen multilateralism, and resolve conflicts through dialogue.

“It is in pursuit of this approach that South Africa has worked to strengthen relations with countries around the world, including the US.

“Our relationship with the US is characterised by mutual respect and a willingness to engage in constructive dialogue even on issues where we may differ.” 

Shifting his focus to subjects such as the docking of a Russian ship in Simonstown in late 2022, the Russia-Ukraine conflict and the current conflict in Gaza, President Ramaphosa said the South African and United States governments have been able to share views in a frank and open manner. 

“We have encouraged greater understanding and cooperation between ourselves as South Africa, the United States and many other countries on matters of mutual interest.” 

Gaza

On the conflict in Gaza, the President acknowledged that this area has been “contentious”. 

“One of the areas of contention on which there has been much commentary, as well as much misinformation, is the position that South Africa has taken on the conflict in Gaza.”

This follows a case that South Africa brought to the International Court of Justice (ICJ), where the country argued that the actions of the Israeli military in Gaza violate international law and actions prohibited under the Genocide Convention, to which South Africa, Israel and many other countries are signatories.  

“We have always supported the legitimate aspirations of Palestinians to self-determination and statehood, and of the state of Israel to peace and security.” 

In the same breath, he said South Africa has condemned the “atrocities” committed by Hamas against Israeli civilians on 7 October last year and called for the release of hostages. 

“We continue to call for an immediate ceasefire, the urgent provision of humanitarian aid to the people of Gaza and meaningful negotiations towards a lasting solution.

“These are positions that are increasingly being taken up by more and more countries around the world. The suggestion that the position we have taken on the conflict could lead to a deterioration of our relations with the United States is therefore unfounded,” President Ramaphosa said.

The President said South Africa has strong economic, political and social ties with the United States and over the last three decades, the two nations continue to have a mutually beneficial and cooperative relationship.  

HIV

He also expressed his gratitude to America for supporting South Africa in its fight against HIV and AIDS.

“The PEPFAR [US President’s Emergency Plan for AIDS Relief] programme has contributed significantly – and continues to contribute – to the remarkable progress we have made to deal with AIDS.” 

Investment

On investments, President Ramaphosa said South Africa is home to more than 600 American companies and that the United States is the second largest destination for South African exports. 

He also highlighted the African Growth and Opportunity Act (AGOA), which grants qualifying African countries duty-free access to the United States market for their exports.  

He said the recent AGOA forum held in Sandton last year confirmed its value to Africa’s industrialisation and integration and the diversification of its economies. 

President Ramaphosa also welcomed the United States participation in the Just Energy Transition partnership alongside a growing number of other countries. 

“There is great potential to further develop our relationship with the United States and to find ways to work together for a more peaceful, stable and just world. 

“South Africa will continue to seek firm and friendly relations with countries around the world in pursuit of a better world,” he said. – SAnews.gov.za

Gabisile
Mon, 03/25/2024 - 14:04

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Read moreSA-US relationship built on mutual respect and cooperation
23 March 2024

Opinion Piece – The Notion Of A Black Industrialist Requires A Complete Review If The Program Is Going To Have The Desired Transformational Impact

Location: MyPR

by Elais Monage the President of the Black Business Council Reflecting on the Black Industrialists and Exporters Conference hosted by the Department of Trade Industry and Competition (DTIC) this week one is left with mixed feelings that while the aspirations of the program are noble, not enough is being done to push the boundaries and …

Read moreOpinion Piece – The Notion Of A Black Industrialist Requires A Complete Review If The Program Is Going To Have The Desired Transformational Impact
22 March 2024

Minster Creecy’s recent decision will leave African penguins to go extinct, say bird groups

Location: News

Conservationists mount legal challenge to environment minister’s decision to declare “biologically meaningless” closed fishing areas around breeding islands as part of her penguin conservation strategy

Read moreMinster Creecy’s recent decision will leave African penguins to go extinct, say bird groups
21 March 2024

Sharpeville massacre victims remembered 

Location: News

Sharpeville massacre victims remembered 

President Cyril Ramaphosa has encouraged South Africans to continue to honour those who fought for the rights that all enjoy today and hold dear.

President Ramaphosa delivered the keynote address at the Human Rights Day commemoration in Sharpeville, Gauteng on Thursday, held under the theme: “Three Decades of Respect for and Promotion of Human Rights”.

“Sixty-four years have passed since the ground on which we gather here in Sharpeville bore witness to one of the worst atrocities committed by the apartheid regime against the South African people.

“And although many decades have passed, we still remember with great sorrow and pain the 69 people who were killed and the many more who were maimed as they protested in peace against the grave injustices imposed upon them,” the President said. 

Earlier, President Ramaphosa led a wreath laying ceremony at the Sharpeville memorial site in commemoration of South Africans who laid their lives in sacrifice for the struggle for the attainment of human rights and democratic South Africa.

He also met with family members of the fallen Sharpeville Massacre victims during the wreath laying ceremony.

Today’s gathering, he said, was held to trace the journey as a nation over the last 64 years, from a state of discrimination and repression to a land of democracy and freedom.

“Ours was a journey of relentless struggle. We still recall how every black South African – African, Coloured and Indian - was denied the basic human rights to which they were entitled.

“We recall how many generations of black South Africans were denied the right to life and dignity, the right to equal treatment, the right to vote and to be heard, the right to live where they want, to work in the trade of their choice, the right to education and health care, the right to the protection of the law,” he said. 

The President reflected that it was a difficult and dangerous journey travelled by community activists and union organisers, by traditional leaders and religious groupings, by freedom fighters and underground operatives, by political prisoners and exiles, and by friends and supporters across the world.

He added that it was a struggle to realise the rights contained in the Bill of Rights which called for equal treatment of all people, equal access to land, direct representation and voting rights.

“Ours was a struggle to realise the vision of the Freedom Charter, adopted by the Congress of People in 1955, of a South Africa that is prosperous and free and in which all enjoy equal rights and opportunities.

“It was these principles and these ideals, these struggles and these sacrifices, that enabled the achievement of our democracy and the adoption of the Bill of Rights that is at the centre of our democratic Constitution,” he said. 

And as the country celebrates this milestone, President Ramaphosa said the country will reflect on the journey taken towards the full realisation of the fundamental freedoms contained in the Bill of Rights.

“We will count the elections that we have held every five years since 1994, elections that have been peaceful, free and fair and that have reflected the will of the people.

“We will assess the institutions that make our laws, that both represent the views and regularly seek the counsel of the South Africans people. We will point to the independence of our judiciary, the vibrancy of our civil society, the activism of our trade unions and the freedom of our media.

“As we celebrate 30 years of freedom, we will reflect on the progress we have made in progressively realising the social and economic rights contained in our Constitution,” he said. 

The President said the country has much to celebrate as he detailed the progress made by government throughout the years. 

He highlighted that millions of South Africans have been lifted out of dire poverty, while eight out of every 10 households have proper housing. 

“Nine out of every 10 homes have electricity and access to clean drinking water. South Africans are living longer. Far fewer women are dying in child birth and far fewer children are dying in infancy.

“More children from poor families are completing school, passing matric and going on to study at universities and colleges,” he said. 

The President said this has been made possible because the country has focused on correcting the injustices of the past and meeting the needs of the poor and excluded.

He highlighted that working together, nearly 4 million hectares of land has been returned to people who had been dispossessed of their land and acquired over 5 million hectares of land for redistribution and to provide security of tenure for labour tenants and other farm dwellers.

Government has provided social grants for children, the elderly and people with disability, and recently introduced a special social relief of distress grant for unemployed people.

Government also provides free daily meals to millions of school children and has expanded the number of fee-free schools and has massively increased funding for students from poor and working-class families to attend universities and colleges.

“As our economy has changed, more and more people have been able to exercise the right to freely choose their trade, occupation or profession. Our economy has tripled in size since 1994.

“While unemployment still remains unacceptably high, the number of South Africans in employment has more than doubled in the last 30 years. The proportion of executive management positions held by black people increased almost five-fold between 1996 and 2016,” he said. – SAnews.gov.za

 

DikelediM
Thu, 03/21/2024 - 14:39

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Read moreSharpeville massacre victims remembered 
20 March 2024

Government has acted decisively to respond to State Capture recommendations – President Ramaphosa

Location: News

Government has acted decisively to respond to State Capture recommendations – President Ramaphosa

President Cyril Ramaphosa has told Members of Parliament that the recommendations made in the State Capture report are currently receiving attention from law enforcement agencies and the other bodies.

The President was speaking in the National Assembly during his oral replies to questions on Tuesday. 

He said that his administration has acted decisively and with purpose to respond to the findings and recommendations of the State Capture Commission.

“As has been reported on several occasions to this Parliament and to the public more broadly, these recommendations are currently receiving attention from law enforcement agencies and the other bodies.

“Therefore, with regards to the recommendations in respect of criminal investigation and possible prosecution and other actions against individuals, the President has fully acted upon the recommendations of the Commission.

“As I indicated in a written reply to this House on 17 November 2022, any actions that I take with respect to members of the Executive about whom the Commission made findings will be informed by the outcomes of the processes undertaken by the relevant entities,” the President said. 

On 22 October 2022, the President submitted to Parliament his intentions with regards to the implementation of the recommendations of the State Capture Commission.

Among other things, the State Capture Commission made over 200 recommendations with respect to criminal investigation and possible prosecution of individuals, entities and named groups of people.

The President highlighted that these recommendations were directed by the Commission to law enforcement agencies. The Commission also made recommendations with respect to further investigation of and possible action by the relevant bodies against individuals and entities for disciplinary offences, tax offences, delinquency of directors and other activities.

“The Presidency provided each of the bodies to which such recommendations were directed with copies of each part of the State Capture Commission Report as they were received by the Commission, so that they may act on the recommendations in line with their respective mandates.

“The extensive actions that this administration has taken on the recommendations of the State Capture Commission, including the introduction of draft legislative changes that are currently before this House – have been detailed in several public reports,” he said.

President Ramaphosa told the House that the most recent comprehensive report was published in November 2023, and there is a searchable online database that enables members of the public and indeed Members of Parliament to track progress.

The report and the database may be found at: www.stateofthenation.gov.za. – SAnews.gov.za 

 

DikelediM
Wed, 03/20/2024 - 09:51

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Read moreGovernment has acted decisively to respond to State Capture recommendations – President Ramaphosa
20 March 2024

Atteridgeville gets smart licensing centre

Location: News

Atteridgeville gets smart licensing centre

The Gauteng provincial government has moved licensing services closer to communities, particularly in townships, informal settlements and hostels in Pretoria west with a new smart licensing centre.

“Overall, this initiative has the potential to bring convenience, efficiency, sustainability, and integrity to townships, informal settlements and hostel communities, ultimately transforming lives and contributing to the province's renewal service demands,” MEC for Transport and Logistics Kedibone Diale-Tlabela said on Wednesday.

She was addressing the launch of the smart licensing centre in Atteridgeville, which will expand access to government services, such as licensing services.

“Integrating these smart testing centres into the administration system of the Road Traffic Management Corporation (RTMC) and offering services like other testing centres across South Africa highlights a commitment to improving public service delivery and increasing capacity to meet the demands of license renewals and related services,” the MEC said.

The centre provides full online and cashless services as part of the provincial government's commitment to exploring new technologies and process optimisation.

It is estimated that the licence renewal service will take approximately 10 minutes, implying that more people will be serviced in the most efficient way possible.

“This innovative concept is a game-changer in Growing Gauteng Together through the Smart Mobility Plan. The centre is also solar-powered; ensuring that even during load shedding, services will continue to be provided. This commitment to sustainability further underscores the forward-thinking approach of the Gauteng Department of Roads and Transport (GDRT) in meeting the needs of its communities,” Diale-Tlabela said

The MEC pointed out that corruption in terms of driver's license renewal is caused by 'runners' who demand payments for booking slots on behalf of residents.

“These operations have ceased to be the order of the day at these smart driving licence testing centres (DLTCs). Here, you come as per appointment, and a law enforcer becomes the centre manager. This approach will assist in mitigating serious issues of corruption, making the process fairer and more transparent.

“The involvement of the Gautrain Management Agency (GMA) in piloting and rolling out these smart DLTCs along the Gautrain line is a promising approach. The positive feedback from customers at the Centurion station DLTC and others demonstrates the potential success of this model,” the MEC said.

She said launching the initiative in Atteridgeville is a testament to the provincial government’s commitment to act and improve the lives of its residents. – SAnews.gov.za

 

nosihle
Wed, 03/20/2024 - 14:13

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Read moreAtteridgeville gets smart licensing centre
20 March 2024

S Africans urged to participate in the upcoming elections

Location: News

S Africans urged to participate in the upcoming elections

Cooperative Governance and Traditional Affairs Minister, Thembi Nkadimeng, has urged South Africans to vote in the upcoming elections.

“Your vote is not merely a mark on a ballot paper; it is a voice – a voice that speaks volumes, resonating with the hopes, dreams and aspirations of our society. 

“It is a symbol of your commitment to the principles of democracy,” she said. 

Nkadimeng was addressing a conference on the impact of the upcoming General Elections on intergovernmental relations at the University of the Western Cape. 

The National Research Chair organised the Multilevel Government, Law, and Development event at the Dullah Omar Institute.

The conference addresses critical questions regarding governance, particularly concerning the challenges posed when different parties or coalitions govern at various levels of government. 

Nkadimeng used her platform to call on South Africans to unite in their diversity and go to their designated voting stations with purpose and conviction.

“Regardless of your political affiliations or beliefs, your vote is a precious right – one that countless individuals have fought and sacrificed for throughout our history. 

“It is a privilege denied to many worldwide yet bestowed upon us as South Africans. Let us not take this privilege for granted, but rather cherish it and wield it wisely.” 

This as the country is set to go to the polls on 29 May 2024.

Coalitions 

Nkadimeng touched on the instability caused by coalitions since the local government elections have underscored that some political parties are struggling to cope with the delicate demands and dilemmas of coalition politics. 

She highlighted the complexities involved and emphasised the importance of cooperation and coordination among government spheres, acknowledging the strain caused by conflicting agendas and ideologies.

These include “unscrupulous manipulation” by smaller parties to have governance by a small unrepresentative group of individuals and bribes with little thought on the impact of the same on the municipality and its ability to deliver services. 

Another hurdle, she said, is the infighting in councils characterised by walkouts, leading to an inability to adopt budgets, resulting in an administration that cannot spend its budget to address service delivery backlogs. 

The Minister spoke of the lack of due diligence when making key appointments, which results in compromised individuals appointed in critical positions.

“Yet, it is precisely during these moments of divergence that the resilience of our intergovernmental relations system is put to the test. 

“How do we navigate the waters of political pluralism while upholding the principles of cooperative governance? How do we bridge the divide between divergent political entities to ensure the seamless delivery of services and the pursuit of shared objectives? These are questions that demand thoughtful consideration and innovative solutions.” 

She also discussed lessons learned from the 2021 Local Government Elections, emphasising the need for coalition regulation to maintain stability.

Nkadimeng stressed the significance of legal frameworks, institutional mechanisms, and fostering dialogue and collaboration.

She reiterated the constitutional principle of cooperative government and intergovernmental relations, regardless of electoral outcomes, emphasising its importance for effective governance.

Central to the notion of intergovernmental relations, according to Nkadimeng, is the recognition of the interdependence among the three spheres (national, provincial and local) of government. 

She explained that each sphere possesses distinct powers, functions, and institutions, yet they are inherently interconnected. 

“Therefore, all spheres of government have to respect each other's autonomy while keeping one another informed of new policies and developments.”

Intergovernmental relations extend beyond mere cooperation. However, according to Nkadimeng, they encompass a complex network of interactions involving government institutions and civil society.

Effective coordination of public policies among national, provincial, and local governments is essential for ensuring coherent and impactful governance.

Regardless of the electoral outcomes when the South Africans go to the polls, she said she believes that it is important for all political parties to adhere steadfastly to the principles outlined in the Constitution of the country.

“Upholding the ideals of cooperative government and intergovernmental relations is not contingent upon political affiliation but is a shared responsibility integral to the fabric of our democracy.”

She concluded by outlining measures to maintain resilience in the face of political changes, including promoting continuity, trust, cooperation, and building institutional capacity within the intergovernmental relations framework. – SAnews.gov.za

Gabisile
Wed, 03/20/2024 - 15:07

321 views
Read moreS Africans urged to participate in the upcoming elections
20 March 2024

The lawyers and auditors who cashed in on corruption at PRASA

Location: News

Audit firm to be investigated by regulator

Read moreThe lawyers and auditors who cashed in on corruption at PRASA
19 March 2024

Judge takes hard line against Stalingrad tactics

Location: News

Attorneys in Lottery case will have to explain why they should not pay costs personally on a punitive scale

Read moreJudge takes hard line against Stalingrad tactics
18 March 2024

More work needed for full Human Rights enjoyment

Location: News

More work needed for full Human Rights enjoyment

President Cyril Ramaphosa has acknowledged that although government has made significant strides in advancing the constitutional and rights-based system, there remains a considerable amount of work ahead to ensure all citizens can fully exercise their basic human rights.

The country continues to be plagued by poor service delivery, especially in municipalities, said the President, adding that corruption deprives citizens of the fulfilment of their rights.

“Whilst we are rightfully proud of how far our constitutional, rights-based order has come, we know that much still has to be done to fulfil the promise of the full enjoyment of the basic human rights of all our people.

“The creation of employment for our people and promoting the rights that are enshrined in our Constitution are necessary to improve lives and lift millions out of poverty and despair. 

“We are duty-bound, not just as government but as all who have a stake in the future progress and prosperity of this great country, to work harder, sparing neither strength nor courage to fulfil the basic human rights of our people. The South Africa of today is a vastly different place to what it was thirty years ago,” the President said. 

He was addressing the National Conference on 30 years of Human Rights in South Africa at the Birchwood Conference Centre in Ekurhuleni on Monday.

The conference is being hosted by the Department of Justice and Constitutional Development under the theme: “Three Decades of Respect for and Promotion of Human Rights”.

The three-day conference will see government officials and key stakeholders reflect on the work that has been done since South Africa’s democratic dispensation.

The President reflected that since 1994 government has prioritised the advancement and fulfilment of the Bill of Rights as a cornerstone of the country’s democratic order. 

He emphasised that human rights are the basic rights that all human beings should have. 

“Human rights embody the key values of our society such as equality, dignity and fairness, and define our nationhood. Human rights should manifest themselves through protection for vulnerable groups, freedom of speech and expression, religious freedom, freedom to love and other rights that promote the well-being of people.”

President Ramaphosa further acknowledged that there have been challenges and shortcomings over the past 30 years, and “we have a long way to go towards completely fulfilling the promise of the Constitution”.

That said, he added, the nation should not shy away from the immense progress that has been made.

The President outlined the pieces of legislation that have been passed that give effect to the Constitution. 

“The Bill of Rights enjoins the democratic state to enact various pieces of legislation to promote human rights between and among people. Amongst those we have put in place are the Promotion of Access to information Act, which gives effect to Section 32 of the Constitution; the Promotion of Administrative Justice Act which gives effect to section 33; and the Promotion of Equality and Prevention of Unfair Discrimination Act, which gives effect to section 9. 

“To give effect to section 9 (2) of the Constitution, relating to measures of redress for the previously disadvantaged, we passed the Employment Equity Act, Broad Based Black Economic Empowerment Act and others,” he said. 

He further highlighted that the constitutional order is premised not only on building a non-racial society, but also a non-sexist society. 

Over the past 30 years there have been significant changes in the position of women across society. Today, there are more women serving as leaders in both the public and private sectors.

“We have passed a broad range of laws to protect women from all forms of abuse and to advance their rights. These include laws around domestic violence, sexual abuse, sexual harassment, and workplace discrimination,” he said.

Strengthening constitutional democracy

To promote accountability, responsiveness and openness, the President said government has established various institutions to strengthen constitutional democracy. These include the South African Human Rights Commission, the Office of the Public Protector, the Commission for Gender Equality and others. 

President Ramaphosa said he was proud of these institutions supporting democracy and their establishment ushered in a new era of accountability and respect for dignity. 

“Before the advent of democracy, our country was a pariah state that was infamous for violating the basic rights of the majority of its citizens. We lived in a country where racial discrimination was at the core of government policy. 

“Today our country is revered as a country that upholds, protects and advances the basic human rights of the people who live in South Africa. Following our country’s admission as a fully-fledged member of the community of nations, the democratic state has signed, ratified and acceded to various international human rights law treaties,” he said. – SAnews.gov.za

 

DikelediM
Mon, 03/18/2024 - 14:33

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Read moreMore work needed for full Human Rights enjoyment
18 March 2024

The looters living it up from PRASA millions

Location: News

Makhensa Mabunda and Auswell Mashaba were at the heart of the corrupt deals

Read moreThe looters living it up from PRASA millions
17 March 2024

Spotlight on women empowerment at CSW68

Location: News

Spotlight on women empowerment at CSW68

National Council of Provinces (NCOP) Deputy Chairperson Sylvia Lucas has told delegates at the 68th annual Commission on the Status of Women (CSW68) that advancing gender transformation necessitates parliaments to regularly assess prevailing gender norms in communities. 

This, she stated, will ensure that policy interventions are targeted for each community to improve the efficiency of policies.

Lucas addressed the second session of the gathering on the theme, 'Gender-sensitive Institutions to Break the Poverty Cycle'.

In her address, she said parliaments’ capacity to craft gender responsive law-making and policy interventions is a critical area that needs attention. 

Parliaments should also continue to build women’s capacity to advocate for gender-responsive oversight and law-making processes across important sectors like development and transformation.

The Deputy Chairperson is accompanying National Assembly Speaker Nosiviwe Mapisa-Nqakula to the CSW68, which is organised by the Inter-Parliamentary Union (IPU) and United Nations (UN) Women. It is taking place in New York until 22 March.

Lucas said parliaments have a critical role to play in reducing poverty through gender transformation by enacting laws that are gender-responsive and which are framed with dexterity to disrupt gender-regressive norms and behaviors across society at large.

“In working towards achieving gender transformation, we must continue to be guided by existing international and national protocols and legal frameworks, including prescribed norms of gender transformation, which can be used to strategically shape policy-making and promote gender equality,” she said.

Lucas told the session that South Africa has recently adopted the 2021 Women’s Charter for Accelerated Development. This charter is based on international best practice and mandated by South African women. It outlines critical areas for parliamentary intervention in policy, legislation and programming. The charter’s goal is to meaningfully advance gender transformation and reduce poverty.

“To this end, critical policy areas highlighted through our Women’s Charter Review process include the recommendation for the amendment of budget policies, money bills, fiscal policies and tax laws, including macroeconomic policies, which we view as critical areas for sustained and high-level analysis and amendment. 

“If amended to make them more gender-responsive in their shape, form and content, these policies and legislative instruments will serve as enabling instruments to achieve poverty reduction and gender transformation objectives,” Lucas said.

Lucas said some of the capacities and resources parliaments should continue to invest in include gender-responsive budget analysis capabilities and law-making, gender-responsive oversight and oversight agenda-setting, and increasing capacity to use gender-disaggregated data to shape budget decisions and commitments. – SAnews.gov.za
 

DikelediM
Sun, 03/17/2024 - 14:59

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Read moreSpotlight on women empowerment at CSW68
17 March 2024

Motsoaledi clarifies allegations on the processing of tourists 

Location: News

Motsoaledi clarifies allegations on the processing of tourists 

Home Affairs Minister Dr Aaron Motsoaledi has clarified allegations that his department is “chasing away tourists from South Africa” following an internal circular that was issued by the department on 21 December 2023.

Briefing media on Sunday in Pretoria, Motsoaledi explained that the circular was directed to the Commissioner of the Border Management Authority (BMA), as well as managers of ports of entry. The circular was also sent to Provincial Inspectorate and Visa Facilitation Centres. 

Motsoaledi said the circular was meant to guide BMA officials at the ports of entry on what to do when they encounter nationals of other countries falling within particular categories at the borders. This includes individuals who have applied for visa extensions, waivers or appeals and have not yet received their outcomes - negative or positive. 

“I wish to emphasise that this circular was an internal communications document. It was targeted for Home Affairs and BMA officials, who I have mentioned.
 
“Rather than guide anybody, unfortunately this document raised a storm in the media and within establishments that have to do with tourism,” he said. 

The Minister said the Department of Home Affairs was accused of “chasing away tourists from the country”, and in the process weakening, and even risking the collapse the tourism industry. 

“One specific group of tourists mentioned in this regard are called ‘Swallows’. These are people who move between the northern and the southern hemisphere in search of sunny days and they are regarded as very important to the tourism industry. 

“I wish to state categorically that the Department of Home Affairs would gain nothing by destroying the tourism industry, which is regarded as one of the pillars of the economy, not only in South Africa but in many other countries,” he said. 

Motsoaledi further explained that the Ministry of Home Affairs and the Ministry of Tourism always work in partnership on issues of tourism because both departments are important in this regard, and this particular issue is no exception. 

The Minister said he has contacted Tourism Minister Patricia de Lille to discuss the matter and after this consultation, he tried to clarify the matter in the debate of State of the Nation Address on 14 February 2024. 

“In my input, I did concede that this was a very unfortunate circular, which should not have been issued because the matters it was trying to clarify could have… been addressed in the normal course of operations between BMA and the department.

“I further clarified this matter on the occasion of the responses to oral questions by the Justice, Crime Prevention and Security Cluster (JCPS) during plenary in Parliamentary on 28 February 2024. 

“Judging by the reactions, it appears that my explanation in Parliament was not enough. We arrived at the conclusion that if indeed the circular had the effect of chasing tourists out of the country, we needed to find a way to resolve that. Hence, we needed to check at the borders if there was a significant spike of people who had visited South Africa as tourists and are leaving. If there was such a spike, we wanted to act in mitigation. 

“In this regard, we reasoned that if tourists are in trouble, their first port of call will be the tourist industry operators and the ministry of tourism. If the industry feels threatened, they will approach the Tourism Ministry. It is with that in mind that we approached Minister De Lille to find out how many people approached her as a consequence of actions emanating from this circular,” he said. 

Motsoaledi said De Lille informed the department that only one case was referred to her department and she immediately contacted the Department of Home Affairs and the matter was resolved to the satisfaction of the individual concerned. 

He said they also scouted ports of entry, especially the airports, to see if such individuals were encountered. 

“It was at the Cape Town International Airport where five people are said to have encountered problems because they were declared undesirable due to their overstay in the country. We have instructed officials to take steps so that this undesirability status could be lifted without any waste of time,” he said. 

Declaring people ‘undesirable’

Turning to the concept of declaring people undesirable, Motsoaledi said the word ‘undesirable’ is perhaps by itself unfortunate, but it is the term used when the Immigration Act of 2002 was enacted in Parliament. 

He explained that in all the ports of entry in and out of South Africa, they have an electronic movement control system (MCS). When people enter the country, the MCS electronically records the date and time of entry. 

“As you would know, your passports and visas indicate the number of days you have been allocated to be in South Africa. If you exceed your allocated days, even by just one day, the MCS at the borders will pick it up, regard it as an overstay, and automatically declare you undesirable. 

“Fortunately, lawmakers in this country also realised that there could be myriad reasons that may cause a person to exceed their allocated days. Hence in the Act, the legislature empowers the Minister to review and set aside an undesirability status on application by the affected individual if cogent reasons are provided,” he said. 

The Minister explained that when one applies for the extension of their visa before it expires, they are given a receipt, which has a reference number with which they can trace their application. 

“In case your visa expires before the department has responded to your application, that receipt will act as an extension of your visa until such time you get a response, negative or positive. This means that no law enforcement officer, immigration officer or officials at the port of entry may trouble you while you are carrying such a receipt.

“As I said earlier on, when the circular was issued, it was an attempt to guide BMA officials because they were regarded as new at the borders.

“If there is anybody who was declared undesirable whilst they were carrying their receipt, they need to present themselves to the department so that their undesirability status can be removed,” he said.
 
The Minister said given that they have identified only one person from the Department of Tourism and five at the Cape Town International Airport, they are not in a position to conclude that these were the only people who were negatively affected by the circular. 

“So today, we are making a call to the people in the industry or any other institution which is in a position to identity such people, so that we can immediately resolve their issues. Up [till now], the accusations directed at Home Affairs are full of generalities, anecdotes and no specific cases were given to us. 

“We are pleading today, that anybody who wants to [make accusations] must please be specific because accusations without providing specific details won’t help the individuals affected…” Motsoaledi said. – SAnews.gov.za 

DikelediM
Sun, 03/17/2024 - 13:32

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Read moreMotsoaledi clarifies allegations on the processing of tourists 
17 March 2024

Mineral Resources and Energy committee chair welcomes passing of ERA Bill 

Location: News

Mineral Resources and Energy committee chair welcomes passing of ERA Bill 

The chairperson of the Portfolio Committee on Mineral Resources and Energy, Sahlulele Luzipo, has welcomed the passing of the Electricity Regulations and Amendment (ERA) Bill by the National Assembly (NA).

In a statement, Luzipo said the Bill is a product of the collective wisdom of everyone who participated in the process, including the public hearings held in all nine provinces and those who made written submissions. 

The provincial public hearings were held from 26 September 2023 to 29 January 2024 and the majority of those who participated supported the Bill.

The Bill seeks to amend the Electricity Regulation Act of 2006 and once enacted into law, it will enable the transformation of the country’s electricity sector to ensure electricity sustainability, supply and affordability.

READ | National Assembly passes Electricity Regulation Amendment Bill
 
“It proposes an end to the monopoly-driven market and allows competition through key legislative reforms. This move is underscored in the Department of Public Enterprises’ 2019 Roadmap for Eskom in a Reformed Electricity Supply Industry.
 
“The Bill, however, does not propose the privatisation of Eskom, which the majority of participants in the public hearings said they opposed,” the statement read. 

Furthermore, the Bill proposes the establishment, within five years, of a State-owned Transmission System Operator (TSO) that is legally distinct from Eskom; the expansion and alignment of the powers of the National Energy Regulator of South Africa (NERSA) to regulate the competitive market and the empowerment of NERSA to set and approve tariffs and prices, as well as regulate the participation of independent power producers (IPPs), among other things.

In the interim, it authorises a ring-fenced subsidiary of Eskom Holdings, in the form of the National Transmission Company of South Africa, or NTCSA, to fulfil the functions of the TSO.
 
The TSO is an enabler of a competitive market. Therefore, the functions of the TSO are grid ownership and operation, system operation, market operation, and the creation of a Central Purchasing Agency that will take care of the legacy and vesting contracts.

“I am happy that the NA has passed the Bill that is responding to the people’s concerns about the need for setting parameters on the competitive behaviour of IPPs [independent power producers], as this will ensure that the sector delivers sustainable electricity at competitive prices,” Luzipo said. 

According to Luzipo, this is important not only for competition but also because it addresses global commitments around climate change issues with regards to the country’s transition within the context of the Just Energy Transition framework. This is because the participation of multiple players will result in diverse electricity generation technologies, such as renewable energy.

“It is anticipated that, in the long-term, the Bill will drive down the cost of electricity generation, which will be passed on to consumers in the form of lower electricity bills.

“Further, new investment in the industry will bring new technologies and multi-year capital programmes that will enable new local industries and local businesses to empower youth and create new-age skills and digital capabilities because individuals who generate electricity for their use will be allowed to sell surplus to the government,” Luzipo said. 

The ERA Bill criminalises the unlawful destruction and damage of electricity infrastructure, inclusive of transmission, distribution or generation equipment and infrastructure.
 
This provision ensures that cable theft and unlawful electricity damage, amongst other things, are decisively addressed. 
The Bill states that if a person is convicted of these offences, a fine not exceeding R1 million will be imposed.

 
If a person is found guilty of unlawful trading of the electricity infrastructure as listed above, a fine not exceeding R5 million will be charged, or imprisonment not exceeding 10 years, or both such a fine and imprisonment.

Luzipo said that the committee intends for the Bill to not only address the immediate electricity challenges and load shedding but also to enable long-term electricity supply for businesses and the broader society. 

He thanked all political parties that supported the Bill in the NA and for putting the interest of the country and its citizens ahead of their political interests in the forthcoming elections.

Luzipo further thanked members of the committee and the staff for their dedication. – SAnews.gov.za

DikelediM
Sun, 03/17/2024 - 12:14

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Read moreMineral Resources and Energy committee chair welcomes passing of ERA Bill 
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