Daily Archives: March 22, 2018

Parliament on extensive public participation process

Constitutional Review Committee to go on extensive public participation process

The Joint Constitutional Review Committee has resolved to go on an extensive public participation process in order to review Section 25 of the Constitution in order for the state to expropriate land without compensation.

The committee was instructed by the National Assembly (NA) and the National Council of Provinces (NCOP) to review section 25 of the Constitution and other clauses where necessary, to make it possible for the state to expropriate land in the public interest without compensation, and propose the necessary constitutional amendments.

In doing so, the committee is expected to engage in a public participation process in order to get the views of all stakeholders about the necessity and mechanisms for expropriating land without compensation.

The process will be kick-started next month when the committee will publish advertisements for oral and written submissions from the public.

The public will have a month to respond after which the committee will visit three to four districts or local municipality per province for public hearings.

The committee plans to split into two groups for the public hearings in order to cover a larger part of the country.

The public hearings are proposed to commence on 8 May 2018 in Limpopo and the Northern Cape and is expected to be concluded on 22 June 2018 in the Western Cape.

The committee will investigate what mechanisms South Africans would like to see for the implementation of land reform. The committee has until 30 August 2018 to report to the NA and the NCOP.

Source: Government of South Africa

Hawks clerk granted bail after leaking confidential information

NORTH WEST: Thabo Makweya (27) who arrested the by the Hawks’ Serious Corruption Investigation unit on 12 March 2018, for corruption and defeating the ends of justice was granted R1000 bail following his appearance at the Mahikeng Magistrate Court today .

The suspect � a former Administration clerk at the Hawks’ Mmabatho Serious Organised Crime unit � was arrested following an investigation into a drug related matter. During the investigation, it appeared that the Makweya was allegedly leaking confidential information about investigations to the targets in exchange for gratification.

Further investigations lest the arresting team to his residence where confidential documents were seized. He appeared briefly at the Mahikeng Magistrate Court on 13 March 2018 where he was remanded in custody.

Today he was released on R1000 and his bail conditions included amongst others that must report at the local police station three times a week and hand-in his passport to the investigating officer. The suspect is no longer a member of the DPCI as he subsequently resigned through his lawyer on 20 March 2018.

The Acting National Head of the Directorate for Priority Crime Investigation � Lieutenant General Yolisa Matakata warned that any member of the DPCI who is found on the wrong side of the law will be dealt with accordingly. There will be no mercy for tainted DPCI members as we are all supposed to have integrity beyond reproach she said.

Source: South African Police Service

President Cyril Ramaphosa provides further information on former President Zuma’s legal fees

President Cyril Ramaphosa has today, 22 March 2018, submitted to the National Assembly’s questions office further information sought by the Economic Freedom Fighters (EFF) leader Julius Malema on the legal provision relied on to fund former President Jacob Zuma’s personal legal costs.

President Ramaphosa undertook to provide further information while responding to questions in the National Assembly on 14 March 2018.

In the written response submitted today, President Ramaphosa indicated that:

I was informed that the State Attorney, at the time of considering the request made by President Zuma for legal representation at State expense, considered section 3(3) of the State Attorney Act, 1957 (as amended) to give her discretion where the State was not party to a matter but interested or concerned in it, or it was in the public interest to provide such representation to a government official.

The acts on the basis of which it is alleged that the former President committed criminal offences took place during his tenure as a government official both at provincial and later at national level.

In addition, the Department of Justice considered section 12.2.2 of the then applicable Treasury Regulations, issued in terms of the Public Finance Management Act, 1999, read with section 3(1) of the State Attorney Act, as providing for an obligation to refund the state if any loss was found to be incurred when an official was acting outside the course and scope of his employment.

For this reason, the State Attorney decided that it was appropriate to grant the request of the former President, subject to the condition that he make an undertaking (which he did) to refund monies thus spent should it be found that he acted in his personal capacity and own interest in the commission of the alleged offences.

Source: Government of South Africa


CAPE TOWN– The African Parliamentarian Association for Human Rights (Afripahr) met at Parliament here Wednesday to hold a strategic planning session for the steering committee of the network of parliamentarians.

It was the first time that the association had held the event in South Africa. Parliamentarians and political leaders from Thailand, the United States, Britain, Zambia, Zimbabwe, Malawi, the Democratic Republic of Congo (DRC) and South Africa attended the event which was held for the first time in the country.

Afripahr Chairperson NqabayomziKwankwa said the the event was held in South Africa in honour of the two former Presidents Nelson Mandela and Thabo Mbeki.

Kwankwa said: Our colleagues from the US and the UK felt that because this is the year of Nelson Mandela, we should hold our strategic planning session here in South Africa on Human Rights Day, in honour of former President Nelson Mandela.

“And those from other African countries in particular felt that because this programme has a Pan Africanist agenda that it should also be held in South Africa in honour of former President Thabo Mbeki who was working throughout his life to ensure that there is a Renaissance of Africa ….

We will be discussing what role as parliamentarian we can play in trying to advance the course of democracy, democratic principle and human rights in Africa.”