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The FW de Klerk Foundation writes regular articles on topical issues, supports language and cultural rights and participates in the national debate on racial and cultural issues. The Foundation also promotes communication by holding conferences and workshops.

ARTICLE: THE SACP AND R2 BILLION ADD VARIETY TO POST-DECEMBER SCENARIOS

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There are basically three post-December 2017 scenarios.

The first is a Dlamini-Zuma victory (“NDZ”), after which the ANC will probably split - and struggle to secure 50% at the polls in 2019. Following which, corruption will persist and economic growth will remain low.

The second is a Ramaphosa victory (“CR17”), after which the ANC could split, but probably not - and where getting 50% at the ballot box could be a little easier. Further, corruption will be tackled and the economy will slowly improve.

The third is the “unity scenario”, whereby there will be either a loser Deputy President and the ANC will paper over the cracks (and struggle at the ballot box), or a compromise candidate may be elected as President, with new possibilities for anti-corruption initiatives, as well as the economy.

STATEMENT: NKANDLA REVISITED - IF THE PRESIDENT APPROVED A CONTRACTOR, DID HE KNOW?

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In the Nkandla disciplinary hearing of an accounts management employee (on charges of misconduct for approving a construction tender to Moneymine Enterprises), it transpired that President Jacob Zuma, the “owner of the property” had appointed Moneymine and that the company “had already been on site long before the tender was approved". The company was decided upon by a “negotiation process” and the tender awarding processes were rushed through - after the fact. This was the evidence brought to the hearing by Special Investigations Unit (SIU) chief forensic investigator, Christian Legwabe. By March 17, 2009, it had already been decided (by the then Deputy President) that Moneymine was the preferred construction company (and he brought them on site to begin work), but the tender was only approved on June 15, 2010.

Any owner can appoint a company to do work on his home - if he pays for it himself. If, however, the state pays for it, certain prescribed tender procedures must be followed. In this case, Moneymine was paid R6.1 million for the first phase of the construction project - from state coffers. And this to a contractor the President had chosen himself, infringing (yet another) constitutional demand that procurement should be fair, equitable and transparent (section 217).

STATEMENT: BCCSA JUDGMENT: STEWARD AND MIHAL V RADIO 702/567

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The attached verdict has been received recently from the Broadcasting Complaints Commission of South Africa (BCCSA) after a complaint was lodged by the Chairman of the Foundation, Dave Steward, against Primedia and the programme host, Eusebius McKaiser. Although the Foundation is happy that the broadcaster was found guilty of contravening two clauses of the relevant regulations, and that it was reprimanded by the BCCSA, we are disappointed that no apology was required to be given on air. It was in our view, warranted by the ideological, intolerant and unprofessional behaviour of Mr McKaiser.

STATEMENT: MANDELA DAY 2017

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On Tuesday, 18 July, staff of the FW de Klerk Foundation will be taking part in various activities in commemoration of Mandela Day. The team will spend the morning making stimulation kits at Autism Western Cape, and the afternoon painting garden walls at Iris House Children’s Hospice.

Nelson Mandela International Day was launched by the United Nations in 2009 to commemorate former President Nelson Mandela’s lifetime of service to South Africa and the world. This year, citizens are encouraged to take action against poverty in a way that will bring about sustainable change.

Both Autism Western Cape, as well as Iris House provide essential services to children with disabilities, as well as support to their families - free of charge. In partnering with these worthy organisations, not only to offer 67 minutes of service for Mandela Day - but year-round - the Foundation contributes to restoring dignity, and changing the world for the better.

ARTICLE: IS THE CONSTITUTION IN JEOPARDY AFTER THE ANC’S 5TH POLICY CONFERENCE?*

DAILY MAVERICK NDZ CR optThe chairs and tables have been packed away, the delegates are home and the myriad of reports of the ANC’s 5th Policy Conference are at Luthuli House for editing, publication and, in due course, for sending to regions and branches countrywide for discussion. The final policy decisions will be made in December, at the Elective Conference.

It is important to consider whether, from the verbal feedback and media reports, the Constitution is in jeopardy after the Policy Conference. What must be taken into account is that this Policy Conference was less about policy and more about the fierce leadership struggle between the delegates backing Mrs Zuma (“NDZ”) and Cyril Ramaphosa (“CR17”).

ARTICLE: MAJORITY OF LOCAL AUTHORITIES IN BREACH OF THE CONSTITUTION

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Section 152 of the Constitution describes the objectives of local government as providing democratic and accountable government, ensuring the provision of services, promoting social and economic development, and promoting a safe and healthy environment. Section 195 offers a set of basic values and principles governing public administration, amongst these a high standard of professional ethics, the effective use of resources, and accountability.

The most recently-released Report by the Auditor-General (AG) on the local government sector paints a bleak, and in many instances, deteriorating picture of the state of financial management and oversight, one that is wholly inconsistent with the laudable and enforceable principles of the Constitution. This comes after 23 years of democratic government and repeated appeals by the AG to local politicians and officials to get their house in order. Local government is the lens through which ordinary South Africans experience constitutional guarantees - and failure of local government erodes public trust in the constitutional state.

SUBMISSION ON THE TEXAMO SPUR ALTERCATION

  1. SPUR optThe FW de Klerk Foundation is honoured to have been requested by the Spur Panel of Inquiry to make a submission on the incident at the Texamo Spur in March 2017, with the aim of advising Spur how to handle such situations in particular, and possible reasons for the increase of such public incidents in general.
  2. The Spur Panel is an important forum for discussion in contemporary South Africa and accords with the Foundation’s own mission to support and promote the Constitution and the Bill of Rights as foundational and sacred elements of our democracy. The constitutional imperative enshrined in the Preamble and captured in the Bill of Rights promoting unity in diversity is richly captured in the mission of the Foundation and forms the rationale for the establishment of the Foundation’s new Centre for Unity in Diversity.

STATEMENT ON THE 2017 MINING CHARTER

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The FW de Klerk Foundation has taken note of the publication of the 2017 Mining Charter with a great deal of concern. On Friday, the shares of mining companies fell by an average of more than 5%. Some assess that as much as R50 billion was wiped off their market value.

The Government has a constitutional and legal responsibility to empower black South Africans and the Foundation supports this worthy goal. However, given who the Minister is, the long shadows cast over him via the #GuptaLeaks and his association with them, we wonder who the real intended beneficiaries are. Frankly, we are concerned that a Minister who is criminally liable and possibly dishonest, has the audacity to make such profound changes to one of the key economic pillars of the country, when the country is economically in dire straits. We cannot but suspect that he is serving the interest of the captors of SA Inc in the name of transformation. Apparently the ANC, who have requested an urgent meeting with Minister Zwane, have the same concern.

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