Last week was a particularly sorrowful week for our country exhausted by its own brokenness.

It has been 28 years since 1994 and the promise of our first democratic elections. What has happened in the intervening years has been hopeful, deeply disappointing, tragic even and then also joyful. We have run the gamut of emotions in this country which “is held bleeding between us” as Antjie Krog says in her poem, Country of Grief and Grace.

This past week we watched as violence and mayhem broke out in Kagiso after eight women were gang raped, allegedly by zama zamas (illegal mineworkers). In Tembisa violent protests broke out after electricity cut-offs. The outrage is fleeting, often marred by violence but leaving deep scars in a country in which violence is part of the language we speak. A  pall of grief and anger hangs over us for the victims of femicide and random blood-curdling violence and the shamelessness of our government, unable to confront its own ineptitude.

Gauteng Premier David Makhura has called out illegal mine workers as being at the heart of the problems in Kagiso. He urged the national government to provide greater assistance while Minister of Police, Bheki Cele arrived on the scene, all bluster and with no proper response to offer. A court jester parading as a cabinet minister who cares.  The community was direct when it said, "The Kagiso police station is failing us. As patrollers we saw a van parked for 30 minutes and called the police to investigate but they did not come and not long after a cash in transit robbery was reported. Our efforts were not taken seriously by the police. The police are not fit to deal with crime in this area.“

In one part of Cele’s haphazard response he said, ‘I can’t imagine a beautiful woman with a zama zama.’

This casual sexism and xenophobia is now representative of President Ramaphosa’s government.

As the ANC’s policy conference showed, the party holds no solution to any problem we face, they come only to fan the flames of unrest with xenophobic talk or to appease a restless populace.  Shamelessly the ANC engages in ‘dog whistle’ politics or even more crudely, xenophobia in plain sight.

Pule Mabe, ANC spokesperson has openly said, " (we have) declared open season on all illegal foreign nationals" residing in SA. He added ominously, "we can no longer guarantee their safety". He was leading a march in which he was accompanied by Head of Organising (sic) for the ANC, ‘mamma Action’ herself, Nomvula Mokonyane.  Mokonyane was implicated at the Zondo Commission and Chief Justice Zondo recommended that she be investigated and prosecuted for corruption.

Mabe was once accused of sexual harassment.

There is no attempt to engage in a holistic response to the challenge of illegal mine workers or to ask how we got to this point in the first place and how it all fits into the tragedy of South Africa’s high crime rate, fuelled by an absent and mostly corrupt police force.?

As Julian Rademeyer writes, when police swooped into Mogale city, ‘It was a show of force for the cameras, but one that in isolation will have little long-term benefit for a community strangled by organised crime.’ Rademeyer continues, ‘The roots of this underworld economy run far deeper than the abandoned mine shafts and tunnels that dot the landscape. It has festered for well over a decade in the void left by a largely absent police service, unable or unwilling to fulfil their constitutional mandate, riven with corruption, lacking any real strategy, capacity, or skills to investigate complex organised crime and terrified of the very criminals they are meant to apprehend. And the zama zamas are at the very bottom rungs of a thriving illicit economy centred on Johannesburg that primarily benefits South African scrap metal and gold dealers, jewellers, gold refineries and exporters.’

The ANC has become a near parody, marching against itself. But, Mabe said the quiet part out loud (and he is not alone within the ANC). Leadership matters at moments like these as angry residents burn homes down and go on the rampage without fear of the consequences. But there is little leadership to be found at this time as the ANC cannibalises itself and our President, now the subject of a Parliamentary impeachment process, is unable to lead with any conviction.

We should not be surprised. Given its abject failure this government has identified foreigners as the convenient scapegoats - be they zama zamas  or Zimbabweans seeking to renew permits. The position seems to be that we need to smoke foreigners out of their holes and send ‘them’ back to where ‘they’ came from.  It is horribly reminiscent of former US President Donald Trump’s comment on Mexicans,  “They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people.”

It didn’t take long for that to resonate with the left out and left behind in the United States. South Africa is no different and it’s not only the ANC peddling in xenophobic rhetoric in the fertile soil of impoverished communities. When we read of Operation Dudula or of Gayton McKenzie’s populist rhetoric and when our government responds with policy requiring quotas in the workplace without much thoughtful discussion, then we know that we are entering the territory of simplistic thinking. In a sense the genius of populism is its appeal to simple binaries as opposed to the often inconvenient slow work of complexity.

As with everything else in South Africa, the reasons for violence are complex. Sometimes it has been driven by xenophobia, at other times a rather more confusing cocktail of anger, frustration and intolerance bubbling at the surface of our society. Fuelled by exclusion, poverty and rampant unemployment. We seem to be straining at the seams as the repercussions of deep inequalities, our inability to bring about structural economic transformation after 1994 and the old baggage of the apartheid years come to haunt us. South Africa remains one of the most unequal countries in the world, our unemployment rate is at a staggering 34.5% and millions go to bed hungry every night. We are coming out of nearly a decade of State Capture, facilitated by an ANC which has lost its ethical moorings, and the Zuma years which brought only fiscal disaster and a deep sense of hopelessness.

The environment is ripe for blaming “the other” while competing for scarce resources.

Margaret Atwood, in comments made after receiving the sixth annual Hitchens Prize (in honour of the late Christopher Hitchens), put it plainly when she described the challenges to “open democracy” the world faces right now. She argues for reason and against illogic in public life and our interactions with one another. The blame-and-shame game happens when we set aside reason and the ability to unravel complexity. Instead, we resort to name-calling, putting people in silos — “them” vs “us” and asserting easy answers to complex problems. Someone must be blamed, whether or not the evidence/facts support the argument. It is a timely contextualisation.

So in the midst of this sorrow, we understand what Springbok rugby captain Siya Kolisi means when he says (after virtually every match), ‘with everything that is going on in our country…’ Because there is a lot going on- much sorrow, compounded suffering and grieving, endless disregard for life and community. And yet, also so much that is intrinsically good and worthwhile- even joyful. Balancing it all seems to be in the South African DNA.

On Saturday, as Judith Sephuma belted out our anthem in front of a crowd of 42 000 people at Mbombela Stadium, we understood that we are all the violence and sorrow of the week that was but we are also the Afrikaner ‘oom’ doffing his cap during the singing of the anthem, the young boys in their Springbok regalia who dream dreams, whose heroes range from Pieter-Steph Du Toit to Makazole Mapimpi and the men and women of every shade draped in the colours of the flag. We are also the gutsy young Kurt-Lee Arendse, Lukhanyo Am’s genius, Faf De Klerk toughness, Handre Pollard’s class (when he’s kicking 100% at goal, that is) and the tough as nails front row with Malcolm Marx in the middle. And many times we are on the same highs as Willie Le Roux racing into the crowd after his opportunistic try. Never give up, never say die.

If a country lives by its myths, then the myth of post-apartheid South Africa must be that it had become “the rainbow nation”, a persuasive image of different people living together in one country, despite the legacy of apartheid that legally shunned such community.

At a popular level, Mandela often appeared as the architect of nation-building post-1994. This “rainbow myth” or “Madiba magic” had not only become a talisman, but had also become part of the dominant political discourse. Critics on the (black) left felt the African National Congress-led government had unfairly prioritised the “fears” and interests of the privileged, white community. In effect, the rainbow had unintentionally become a means to gloss over the vast economic inequalities in favour of an opportunistic unity.

It can, however, be argued that the “rainbow myth” was a necessary ingredient for change to be effected. Without it, the transition to democracy would have been a bloody one, resulting in civil war and conflict as we have seen in, for instance, the Democratic Republic of Congo. The government was also keen to avoid the post-independence white exodus experienced in neighbouring Zimbabwe (1980) and Mozambique (1975).

The “rainbow myth” has, however, slowly but surely dissipated as the cleavages of race and class often find us adrift. And of course, the deep levels of corruption have aided our alienation one from the other. That the state coffers are bare has made any attempts at social justice even more fraught.

So when Kolisi says, “with everything that is going on in our country…”, he speaks directly to all that ails us. It may be ‘only’ sport but this Springbok team is so reflective of who we are at our very best. But, so is Banyana Banyana and the reception these women received when they arrived home. Add to that Cape Town’s own Benni McCarthy who has just been signed as a Manchester United coach and all those representing us at the Commonwealth Games, often against the odds and with very little support from government or Sascoc (though its officials are in Birmingham soaking up the atmosphere) and wonderfully surprising Ashleigh Buhai who won the Women’s Open at Muirfield this weekend. Dare we forget our masterful Rugby Sevens team, diverse, fast and held together like glue by outgoing coach Neil Powell?

And so as our anthem shakes the stadium on Saturday (and it will), all the sorrows of living in this broken country will linger. Another Women’s Day would have come and gone with the usual government platitudes when we know this is no country for women and girls to be safe and when we know that tomorrow will continue as before unless as Margaret Atwood challenges us, ‘we  (must) roll up our proverbial sleeves, grab our arrows of desire, sharpen the paring knives of our wits, dedicate our swords to the pursuit of truth, strengthen our resolve, resist the serpents of false argument, hop into our chariots of fire.’

Until next time.

Vuyo Myoli, Gugulethu beekeeper: this is what building community looks like, despite the odds. ‘Near a roaring train line and informal market in Gugulethu, the unexpected sound of bees buzzing can be heard from a nearby high school. But these are not wild bees. They belong to Vuyo Myoli, who has set himself up with a small urban beekeeping business.

“I’m a farmer by day and artist by night,” says Myoli, a musician who started beekeeping two years ago.

Myoli has a small honey business called Beez Move. He has two active hives at the Gugulethu Intshukumo Comprehensive High School, alongside a community garden.

“The idea is to give a free pollination service to these market gardens,” says Myoli. With the hives placed near the gardens, bees nourish and pollinate the crops. With the knowledge he has gained from mentors over the past three years, he also wishes to educate his community. He runs workshops in agriculture and beekeeping.’ Read here.

Civil society under attack. ‘Twenty-two civil society organisations raise concern about shrinking civil space and call on President Ramaphosa to hold officials who threaten organisations to account…

This week, the Socio-Economic Rights Institute of South Africa (Seri) announced that they are temporarily closing their offices after Councillor Nkululeko Mbundu, MMC for Economic Development in the City of Johannesburg, used his political and social media platforms to criticise the organisation and spread false accusations about Seri and their clients, the South African Informal Traders Forum (Sairf).’

What will the President’s reply be to this open letter or will he, again, choose silence?

Judge President Hlophe ongoing: how long will it take for President Ramaphosa to suspend Judge President Hlophe after the JSC’s recommendation of suspension? We were told that, ‘the matter is receiving the necessary attention. The Presidency is therefore not in a position to make any decision, let alone make such an undertaking, at this time and on such notice.’

This is simply not good enough. For every day that Hlophe remains as Judge President, the rule of law is undermined, together with citizens’ trust in the administration of justice. The President should act, with speed even if that is out of character.

NCOP delegates returned to Parliament last week for the third term. National Assembly legislators will return on 16 August.

Some important committee meetings:

Thursday, 11 August 2022

Committee for Section 194 Enquiry, (National Assembly), [Hearing: identified witness to appear before the Committee], Hybrid Meeting (Virtual Meeting Platform and Committee Room M46, Ground Floor, Marks Building), 10:00-17:00. This is ongoing.

Tuesday, 23 August 2022

Standing Committee on Finance, (National Assembly), [Briefing by National Treasury and the South African Revenue Service (SARS) on the draft Tax Administration Laws Amendment Bill (TALAB) and the draft Taxation Laws Amendment Bill (TLAB)], Virtual Meeting Platform, 09:00-12:00

Portfolio Committee on Communications, (National Assembly), [Adoption of 3rd Term Draft Committee Programme; Briefing by the Department of Communications and Digital Technologies on: (i) 2021/22 Third and Fourth Quarter Performance and Expenditure Reports; (ii) Roadmap towards realisation of the BDM Policy as influenced by the ConCourt judgment; and (iii) on the status of SAPO funding and Government Communication and Information System (GCIS) and their entities on their 2021/22 Third and Fourth Quarter Performance and Expenditure Reports; Response on submissions received on the SA Postbank Limited Amendment Bill [B 22-2022]; Briefing by ICASA on the Council Performance Management System, Consideration and adoption of the ICASA report recommending candidates for appointment and vacancy created by resignation of ICASA chairperson; Adoption of Subcommittee Members to process SABC Board vacancies], Virtual Meeting Platform, 09:00-13:00

Portfolio Committee on Public Works and Infrastructure, (National Assembly), [Briefing by Auditor-General on the performance of the DPWI and the PMTE during the 2021/22 financial year (09:00-11:00); Briefing by the DPWI and PMTE on the Annual Report for the 2021/22 financial year (11:00-13:00)], Virtual Meeting Platform, 09:00-13:00

Portfolio Committee on Home Affairs, (National Assembly), [Briefing by the Minister of Home Affairs and Commissioner of the Border Management Authority (BMA) on the implementation of the BMA; Consideration and adoption of outstanding minutes], Virtual Meeting Platform, 09:00-13:00

Portfolio Committee on Health, (National Assembly), [Clause by clause deliberations on the National Health Insurance (NHI) Bill], Taj Hotel / Hybrid, 09:30-20:00

Select Committee on Health and Social Services, (National Council of Provinces), [Report on the SRD grant provision and interventions: Briefing by the South African Social Security Agency (SASSA)], Virtual Meeting Platform, 10:00-12:30

Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour, (National Council of Provinces), [Briefing by the Small Enterprise Finance Agency (SEFA) and Small Enterprise Development Agency (SEDA) on progress and challenges in rolling out of all finance and business support schemes towards SMMEs and Cooperatives growth, and their role on job creation. This should include an account in relation to the performance in terms of services offered to the affected areas following the July 2021 civil unrest in parts of Kwazulu-Natal and Gauteng Provinces.], Virtual Meeting Platform, 10:00-13:00

Select Committee on Finance, (National Council of Provinces), [Public hearings on the Financial Sector and Deposit Insurance Levies (Administration) and Deposit Insurance Premiums Bill [B 4B-2022] (National Assembly – sec 75) and Financial Sector and Deposit Insurance Levies Bill [B3B-2022] (National Assembly – sec 77), with the presence of SECoF], Virtual Meeting Platform, 10:00-13:00

Committee for Section 194 Enquiry, (National Assembly), [Committee deliberations; Adoption of Committee minutes], Hybrid Meeting (Virtual Meeting Platform and Committee Room M46, Ground Floor, Marks Building), 10:00-17:00

Wednesday, 24 August 2022

Standing Committee on Finance, (National Assembly), [Briefing by National Treasury on the Joint Conduct Standards by the Prudential Authority and the Financial Sector Conduct Authority in terms of the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017) and way forward], Virtual Meeting Platform, 09:00-12:00

Portfolio Committee on Police, (National Assembly), [Draft regulations for Parliamentary scrutiny in terms of section 27(5) of the Critical Infrastructure Protection Act, 2019 (Act No 8 of 2019)], Virtual Meeting Platform, 09:00-13:00

Portfolio Committee on Public Works and Infrastructure, (National Assembly), [Briefing by the Independent Development Trust (IDT) on its Annual Report for the 2021/22 financial year; Briefing by Agrément SA on its Annual Report for the 2021/22 financial year], Virtual meeting Platform, 09:00-12:00

Portfolio Committee on Public Works and Infrastructure, (National Assembly), [Briefing by the Construction Industry Development Board (CIDB) on its Annual Report for the 2021/22 financial year; Briefing by the Council for the Built Environment (CBE) on its Annual Report for the 2021/22 financial year], Virtual Meeting Platform, 13:00-16:00

Portfolio Committee on Health, (National Assembly), [Clause by clause deliberations on the National Health Insurance (NHI) Bill], Taj Hotel / Hybrid, 09:30-20:00

Portfolio Committee on Defence and Military Veterans, (National Assembly), [Consideration and adoption of the PCODMV 2022 Third Term Programme; Feedback from Armscor on the outcome of engagements with Denel and the SANDF on a final decision on Project Hoefyster and the way forward; Progress report by Armscor to address its financial challenges, as well as plans for improved (1) sweating of assets, (2) foreign contract sourcing and (3) Intellectual Property exploitation; Consideration and adoption of outstanding Minutes], Virtual Meeting Platform, 10:00-13:00

For the full schedule, see here.

Basic Education Laws Amendment (BELA) Bill: The Portfolio Committee on Basic Education invites written comments on the Basic Education Laws Amendment Bill [B2-2022].

Comments must be sent to Mr Llewellyn Brown, the Committee Secretary via email: belabill02@parliament.gov.za or online at or via WhatsApp: +27 60 550 9848 by no later than 15 August 2022 at 16:00. The original deadline for comments was 15 June 2022. On 28 June 2022, the Committee agreed to extend the deadline for stakeholders and interested individuals to submit written comments on the Basic Education Laws Amendment (BELA) Bill.

The Bill proposes to amend the South African Schools Act, 1996 (Act No. 84 of 1996), and the Employment of Educators Act, 1998 (Act No. 76 of 1898) (the SASA and the EEA, respectively), so as to align them with developments in the education landscape and to ensure that systems of learning are put in place in a manner which gives effect to the right to basic education enshrined in section 29(1) of the Constitution of the Republic of South Africa, 1996.

Amongst others, the Bill seeks to amend certain definitions; to provide that attendance of Grade R is compulsory, and to provide for system improvements in terms of admission of learners to public schools. It also provides for financial and public accountability frameworks for governing bodies and provincial departments.

The Bill further provides for additional Regulatory powers of the Minister, and enhancing decision making and oversight powers of Heads of Departments and Members of the Executive Councils.

The Bill also proposes technical and substantive adjustments, clarify certain existing provisions, insert provisions which are not provided for in existing legislation and strengthen enforcement mechanisms for offences and penalties.

Llewellyn Brown can be reached on 083 709 8450 or lbrown@parliament.gov.za for enquiries.
For more information, see here.

Cybercrimes Regulations (Draft Standard Operating Procedures): The Department of Police invites you to comment on the Draft Standard Operating Procedure for the Investigation, Search, Access or Seizure of articles in line with section 26 of the Cybercrime Act No 19 of 2020.

Find here. Comments can be emailed to Captain Marlize Jooste at joosteme@saps.gov.za by no later than Monday, 15 August 2022. For more, see here.

Treasury on pre- budget consultation for 2023 Medium-Term Expenditure Framework: National Treasury is soliciting comment on South Africa’s Fiscal Policy in its pre-budget consultation process. South Africa is one of five pilot countries that are participating in the Fiscal Openness Accelerator Project (FOA) that was launched in 2019 by the International Budget Partnership (IBP) and the Global Initiative for Fiscal Transparency (GIFT). The project’s overall objective is to build the technical capacity of selected governments, enhance fiscal transparency and to support the implementation of a public participation pilot in the national budget cycle. Submissions of a maximum of ten pages, including an abstract and a conclusion with specific recommendations, should be emailed to FOAsubmissions@treasury.gov.za by 19 August 2022.

Guiding themes:

Fiscal policy (debt management, budget deficit);
Cross cutting (climate change financing, gender responsive budgeting);
Topical Issues

• Unemployment
• Social security funding
• Energy choices and fiscal subsidies
• Safety and crime
• Health
• Food security

Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill: The Portfolio Committee on Police invites written comments on the Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill [B15-2022].

The Bill seek to amend the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004. Comments can be emailed to Ms Babalwa Mbengo at POCDATARAamendmentbill@parliament.gov.za by no later than 16:00 on Friday, 19 August 2022. For full details, see here.

Retirement Reform: Draft Legislation for the Two-Pot System: The National Treasury has released the set of four draft Tax Bills for public comment on 29 July 2022, which give effect to the 2022 Budget tax proposals. For the full media statement, see here. Comments can be emailed to the National Treasury’s tax policy depository at 2022AnnexCProp@treasury.gov.za and SARS at acollins@sars.gov.za by no later than Monday, 29 August 2022. For more, see here. 

Draft White Paper on the Conservation and Sustainable Use of Biodiversity in South Africa: The Department of Forestry, Fisheries and the Environment has published the Draft White Paper on the Conservation and Sustainable Use of Biodiversity in South Africa and has called for comment. Comments can be emailed to Khuthazo Mhamba at whitepaper@dffe.gov.za by no later than Thursday, 8 September 2022. For more, see here.

Regulations - Licensing Community Mental Health Day Care and Residential Care Facilities: The Minister of Health invites comment on the Regulations for Licensing Community Mental Health Day Care and Residential Care Facilities for people with Mental Illness and or Severe or Profound Intellectual Disability, 2022. Comments can be emailed to Evah Mulutsi at Evah.Mulutsi@health.gov.za by no later than Friday, 23 September 2022. For more, see here.

From the as always excellent blog by PMG’s Pam Saxby, as follows:

‘Gender-based Violence: The Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021 is now in force, according to a recent presidential proclamation. The Act is one of three new statutes expected to go some way towards curbing gender-based violence and femicide. The others are:

• the Criminal and Related Matters Amendment Act, 2021 (which is not yet in effect), and
• the Domestic Violence Amendment Act, 2021 (of which section 19A is in force, with draft regulations having been released on 22 June for public comment).

Water Resources: The Department of Water and Sanitation has called for public comment on a draft strategy intended to:

• provide a framework for the protection, use, development, conservation, management and control of South Africa’s water resources at regional and catchment levels, and to
• become ‘the primary mechanism and legal instrument for implementing the National Water Act’.

Biodiversity Management: The Department of Forestry, Fisheries and the Environment has issued a media statement calling for public comment on a draft biodiversity management plan for the African penguin.

Environmental Authorisation: The Department of Forestry, Fisheries and the Environment has gazetted a notice confirming its adoption of a revised standard released in draft form in April this year for public comment. In the context of power line and sub-station expansion and development, certain specified and/or listed activities are now exempt from environmental authorisation requirements.’

For the full blog, see here.

Right of foreign lawyers to practise: ‘The Constitutional Court has ruled that a section of the Legal Practice Act that only allows South African citizens or permanent residents to be admitted as lawyers is constitutional.

Foreign law graduates who have lived, studied and completed articles and pupillage in South Africa do not qualify.

The court said non-citizens have no rights under Section 22 of the Constitution which entrenches the rights of citizens to choose their trade occupation and profession.’

Pierre De Vos critiques the problematic judgment here.

The citation is: Relebohile Cecilia Rafoneke and Others v Minister of Justice and Correctional Services and Others [2022] ZACC 29 and for the judgment, see here.

Equality court: GroundUp reports that ‘The Equality Court has ordered a number of people to apologise to the Chinese community and to pay R50,000 to a Chinese old age home.

Comments posted on the Facebook pages of Carte Blanche TV programme and the Karoo Donkey Sanctuary were found to be hate speech.

The Chinese Association of Gauteng identified 12 people who had made discriminatory statements and brought the case to the Equality Court.

On 28 June, the Gauteng High Court (sitting as the Equality Court) found that comments made about Chinese people on Facebook constitute hate speech in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA). In January 2017, Carte Blanche aired a programme about animal abuse and the donkey skin trade. Among other things, it showed people slaughtering donkeys in an inhumane manner. The programme was aired the day after the Chinese new year.

After the programme was aired, various comments were posted on the Facebook pages of Carte Blanche and the Karoo Donkey Sanctuary. Many comments made xenophobic and harmful statements about Chinese people.’ 

Beautiful in every season: Elandsberg farm (Bartholomeusklip) dam.