A Missed Opportunity: President Ramaphosa Signs The IPID Amendment Bill Into Law
In this brief, Kimera Chetty discusses the significance of the Independent Police Investigative Directorate Amendment Bill which was recently signed into law by President Ramaphosa.
Why so violent?
In a time before the pandemic, South Africa could easily have been classed among the most violent societies. As a nation in lockdown, we are now informed that our rate of violent crime has decreased by up to 87% in some categories during the month of April. Conversely, the abuse of power by police officials has increased by 32% during the same month, according to IPID. We are all too aware that the conditions that have provided for this drastic drop in violent crime are temporary. So the question to be asked remains: why are we so violent?
Lindela And South Africa’s Defective Deportation Regime
What is going on at the Bosasa-run Lindela Repatriation Centre - South Africa's single specialised holding facility for irregular immigrants awaiting deportation? This brief investigates the country's notorious deportation regime and its custodians – the South African Police Service, the Department of Home Affairs and Bosasa.
Sexual Assault - Part 3: Sexual violence as a Weapon of War
A very popular, yet grossly under recognised, feature and weapon of war is sexual violence. Sexual violence, like artillery, is used to cause destruction through the terrorisation of a population or as an assertion of power by belligerent forces. Rape, when committed as part of a widespread attack, is also an effective tool for bringing about the destruction, in whole or in part, of a national, ethnical, racial or religious group – otherwise known as genocide.
Sexual Assault - Part 2: Sexual Harassment in the Workplace
According to legislation, employers have a positive legal duty to ensure that the workplace is free from unfair discrimination. What the legislature and disciplinary bodies alike do not take into consideration are the delicacies of the power differentials between men and women (not only as between superiors and subordinates) in the workplace and the trauma suffered by the victims of sexual harassment. Until there is an understanding of these inherent power dynamics that exist in the workplace, sexual misconduct will continue to persist in that space.
Sexual Assault - Part 1: Sexual Offences in the Criminal Justice System
Crimes of a sexual nature, the world over, are prosecuted distinct from any other form of crime. The burden of proof in sexual offence cases is more stringent (although it is not permitted to be). The tests and defences used are subjective as opposed to objective – as with all other crimes. Unlike other crimes, commissions of sexual offences, it can be argued, are skewed predominantly against women and children. They are also the only crimes in which the victim’s behaviour is the focal point, as opposed to that of the accused.
Cape Town Gangs: Political Dimensions
Understanding the true nature and genesis of gangsterism in Cape Town is central to the success of the recently dispatched Anti-Gang Unit. This brief looks beyond frequently cited criminal and socio-economic factors.
The President has expressed his 'full support' for Minister Gordhan but claims he can do nothing to defuse the crisis created by the Hawks. He is wrong.
In the concluding brief of this series, Kimera Chetty considers both the propriety and benefits of regulation over prohibition with regards marijuana in South Africa.
A message from the Director following the High Court's dismissal of the urgent court application brought against Ntlemeza by the Helen Suzman Foundation and Freedom Under Law.
On more than one occasion Helen Suzman spoke out against arbitrary and abusive laws criminalising the production and use of marijuana. In this series of briefs, we revisit these issues in three parts. In the first brief, Matthew Kruger provides some context, by commenting on the prosecution of a married couple for their production and personal use of medical marijuana. He also explores the neglected value of freedom, explaining that sometimes the state can only fulfill its duty to respect and protect our rights by leaving us alone. In the second brief, Arvitha Doodnath considers the science relating to and social impact of marijuana and debunks some common myths. The series concludes with Kimera Chetty considering how we should go about regulating actions that do in fact negatively affect the interests of others, but whose criminal prohibition would also cause harm to individuals and the community.
The Parliamentary Portfolio Committee on Police is reported as having invited the Minister of Police to discuss the McBride suspension and the Werksmans Report. As indicated, below, we believe that the Minister of Police will have some explaining to do.
The Helen Suzman Foundation responds to assertions of normality at the Hawks.
This brief compares the IPID 1 & IPID 2 reports
A summary of the HSF's legal interventions regarding the Hawks.
The recent unlawful suspension of senior Hawks officials has centered on alleged renditions of Zimbabwean Foreign Nationals and the Reports made by the Independent Police Investigative Directorate to the National Prosecuting Authority. Some confidential documents have leaked into the public domain.
This morning judgment was handed down in the Pretoria High Court by Prinsloo J following an urgent application brought by the HSF in the wake of the suspension of the National Head of the Directorate of Priority Crimes Investigation ("the National Head") (“Hawks”). The HSF was of the view that this suspension was irregular, and that the Minister of Police (“Minister”) had acted unlawfully.
The HSF has approached the High Court in Pretoria to declare invalid the suspension of the National Head of the Hawks and the appointment of an Acting Head.
Patrick Bracher interviews HSF Director Francis Antonie on the SAPS Amendment Act Case on ProBono Law.
In December 2013, the HSF received favourable judgement in the case of Helen Suzman Foundation v President of the Republic of South Africa and Others. The case involved the HSF’s on-going engagement with the establishment of independent policing and prosecutorial bodies that are sufficiently protected from political interference. The full bench of the Western Cape High Court found certain sections of the SAPS Amendment Act 2012 (the “Amendment Act”) to be unconstitutional to the extent that they undermine the structural and operational independence of the Directorate of Priority Crime Investigation (DPCI – also known as "the Hawks"). The HSF maintains that independent anti-corruption units are a vital part of the institutional State apparatus in South Africa and welcomes the unanimous judgement of the High Court.
This brief looks at the Policing Green Paper and highlights the areas of concern identified by the Helen Suzman Foundation.
This Brief outlines the HSF’s impending court challenge over the South African Police Service Amendment Act.
Lindela And South Africa’s Defective Deportation Regime
What is going on at the Bosasa-run Lindela Repatriation Centre - South Africa's single specialised holding facility for irregular immigrants awaiting deportation? This brief investigates the country's notorious deportation regime and its custodians – the South African Police Service, the Department of Home Affairs and Bosasa.
Migration V: Policy recommendations for the South African migration regime
This final brief offers a set of problem statements and policy recommendations for the Department of Home Affairs and the South African Government.
Migration IV: The state of South Africa’s borders
South Africa’s borders require serious attention to counter irregular migration, illicit trade and incumbered movement. The Department of Home Affairs’ intended solutions are deficient.
Migration III: Interpreting the data on South African migration
There is a pressing need for more comprehensive and conclusive data on migration, to counteract uninformed xenophobic sentiment and to make migration policy responsive to regional developments and national demands.
Migration II: The South African migration policy landscape
South African migration has been dictated by an increasingly restrictive policy trajectory that positions migrants as criminal and undeserving.
Migration I: Public opinion versus reality on immigrants in South Africa
This brief reviews immigrants’ net economic contribution, and crime statistics. The OECD estimates that immigrants contribute between 8.9% and 9.1% of national GDP.
Should The National Development Plan Be Revised?
National Development Plans are revised periodically, often at five year intervals. Although our 'National Development Plan 2030' (NDP) was launched in 2012, it has not been revised. This brief shows that the illusion that the goals of the NDP are achievable cannot be sustained for a minute. A rethink is due.
The Coming Demographic Crisis In Sub-Saharan Africa
In this brief Charles Simkins explores the coming demographic crisis in Sub-Saharan Africa.
The State Of The South African Refugee Protection Regime: Part III - Party Politics
Asylum has become a battleground for party politics and electioneering.This brief - the third in a three-part series - reviews the asylum policies and statements of four of South Africa’s major political parties (the ANC, DA, EFF and COPE) in the run up to the 2019 election.
The State Of The South African Refugee Protection Regime: Part II - Politics And Policy
This brief - the second in a three-part series - explores reasons for the deterioration of refugee protection in South Africa.
The State Of The South African Refugee Protection Regime: Part I - Current Status
Once applauded by UNHCR’s Antonio Guterres as ‘one of the most advanced and progressive systems of refugee protection in the world’, the South African refugee regime has deteriorated beyond recognition.This brief - the first in a three-part series - explores the state of protection and what it means for asylum-seekers within our borders.
Free Basic Services At The Municipal Level
On 30 September 2017, South African municipalities were collectively owed R143.6 billion by consumers, according to the latest National Treasury report on municipal finances. R101.6 billion of this amount was household debt. If consumer debt is limited to below 90 days, then the actual realistically collectable amount is estimated at R22.9 billion.
The preceding brief constructed and tested an indicator of whether a young person stays at home or has left it. This brief considers the reasons for leaving home and their impact. Some of the argument in this brief is quite technical. Readers uninterested in technique are advised to read only the introduction and the summary and conclusions.
Leaving home is one of the transitions made by young people. This brief constructs an indicator of whether a person has left home from information in the 2015 General Household Survey and sets out what the indicator reveals.
This is a brief specifically focusing on the movement of youth and it uses the same methods as two published briefs on migration among the population as a whole.
This is the second of two briefs considering contemporary evidence on movement of the population between mid-2011 and mid-2016. The first brief dealt with immigration and emigration of the foreign born. This brief considers movement between municipalities within South Africa, preceded by a summary of the findings of the two briefs together.
This is the first brief of two analysing migration between 2011 and 2016. This brief considers the movement of the foreign born across the country’s borders. The second brief will consider the movement of people between different parts of the country. An executive summary of the findings of both briefs is presented at the beginning of the second brief.
This brief considers the differing population growth estimates from international and domestic sources for the periods between 1990 and 2015 and makes observations about the changes in the age distribution of the population.
Youth Brief 7 considered the patterns of time use among young people who are (1) working and (2) not working but undergoing education. This brief deals with the patterns among unemployed and not economically active young people. It will also discuss the places at which young people spend their time.
This brief considers the patterns of time use among young people who are (1) working and (2) not working but undergoing education. A companion brief will consider the patterns among unemployed and not economically active young people.
This Brief is the first in a series examining the state of youth in South Africa.
Zimbabwe I - Demography & Economy
This, the first of two briefs examining the prospects for Zimbabwe following the presidential succession, will consider the demographic and economic context. The second brief will discuss the political implications.
The Big Questions About South African Income Inequality
This brief contains highlights from a discussion with HSF research fellow, Prof. Alex van den Heever regarding the implementation of basic income support in South Africa.
On The Importance Of Thinking Clearly About The Labour Market
This brief is a companion to the Helen Suzman Foundation’s submission to the Department of Labour on the Report of the National Minimum Wage Commission on the Review and Adjustment of the National Minimum Wage for 2022. The analysis here amplifies the argument the Foundation made in its submission.
The Social Relief of Distress - How Has Poverty Changed Between 2019 and the Second Quarter of 2021?
This brief presents a method for estimating poverty quarter by quarter and for assessing the impact of the Social Relief of Distress grant, including the supplementation of the caregiver/child support grant.
The Social Relief of Distress - How Well Did the Social Relief of Distress Grant Perform in January 2021?
The fourth wave of the National Income Dynamics Study Coronavirus Rapid Mobile Survey collected data for the month of January 2021, including information on applications for the SRD grant and receipts of it. This brief considers information from it, along with data from the Quarterly Labour Force Survey for the first quarter of 2021, in an attempt to answer these questions.
Household Income and Household Hunger
The preceding two briefs in this series considered the measurement of hunger at the household and personal levels in the 2019 General Household Survey and the five waves of the NIDS-CRAM survey conducted between April 2020 and March 2021. This brief develops the analysis by discussing the relationship between household income per capita, poverty and measures of hunger.
Do We Have an Adequate Measure of Hunger in South Africa? II - The National Income Dynamics Study - Coronavirus Rapid Mobile Survey
The relief of hunger is often cited as a reason for the introduction of the Social Relief of Distress grant. This brief probes the extent of hunger in South Africa and whether our data available on hunger is coherent and complete, with a focus on National Income Dynamics Study’s Coronavirus Rapid Mobile Survey.
Do We Have an Adequate Measure of Hunger in South Africa? I - the General Household Survey
The relief of hunger is often cited as a reason for the introduction of the Social Relief of Distress grant. This brief probes the extent of hunger in South Africa and whether our data available on hunger is coherent and complete, with a focus on the 2019 General Household Survey.
The Social Relief of Distress - Legal and Administrative Aspects of the Social Relief of Distress Grant
This brief gives an overview of the legal context relevant to the Social Relief of Distress grant and provides an initial analysis of its adequacy.
The Southern African Development Community III – Education And Labour Market
The Southern African Development Community is made up of sixteen countries and all countries on the continent with territory below five degrees south. The fifteen other countries are linked to South Africa in many ways and constitute our ‘near abroad’. South Africans should know more about them than they often do, and the purpose of this brief series is to set the current state of development in its various aspects: demographic, economic, political and social. This brief focuses on the region’s rates of education and it labour market.
The Southern African Development Community II – Economy: Levels, Growth, Structure, Income Distribution And Happiness
The Southern African Development Community is made up of sixteen countries and all countries on the continent with territory below five degrees south. The fifteen other countries are linked to South Africa in many ways and constitute our ‘near abroad’. South Africans should know more about them than they often do, and the purpose of this brief series is to set the current state of development in its various aspects: demographic, economic, political and social. This brief focusses on the region’s economy – in particular, its growth, structure, income distribution and levels of happiness among its population.
The Southern African Development Community I – Population
The Southern African Development Community is made up of sixteen countries and all countries on the continent with territory below five degrees south. The fifteen other countries are linked to South Africa in many ways and constitute our ‘near abroad’. South Africans should know more about them than they often do, and the purpose of this brief series is to set the current state of development in its various aspects: demographic, economic, political and social. This brief focusses on the region’s population dynamics, namely the evolution of population size and its age structure, as determined by fertility, mortality and migration.
How Will The Health System Cope Over The Next Four Years?
This is the fourth of a four brief series on health expenditure in the public and private sectors. The first brief deals with commonly ignored components of health expenditure: provision in workplaces, and medical expenditure on health financed from the Compensation Fund and the Road Accident Fund. The second considers the impact of local government on health. The third brief sets out information on the pattern of health expenditure from 1 April 2019 to the 31 March 2020. This forms the baseline for examining the implications of the 2021 Budget for health expenditure over the medium term, the topic of this brief.
Health Expenditure In The 2019/20 Financial Year
This is the third of a four brief series on health expenditure in the public and private sectors. The first brief deals with commonly ignored components of health expenditure: provision in workplaces, and medical expenditure on health financed from the Compensation Fund and the Road Accident Fund. The second considers the impact of local government on health. This brief sets out the information on the pattern of health expenditure from 1 April 2019 to the 31 March 2020. This forms the baseline for examining the implications of the 2021 Budget for health expenditure over the medium term, the topic of the fourth brief.
Local Government Impact On Health - What Do We Know?
This is the second of a four brief series on health expenditure in the public and private sectors. The first brief discusses commonly ignored components of health expenditure: provision in workplaces, and medical expenditure financed from the Compensation Fund and the Road Accident Fund. This brief considers the impact of local government on health. The third brief sets out information on the pattern of health expenditure from 1 April 2019 to the 31 March 2020. This forms the baseline for examining the implications of the 2021 Budget for health expenditure over the medium term, the topic of the fourth brief.
Occupational Health And Safety And Fund Payments For Treatment Of Injury And Disease - What Do We Know?
This is the first of a four brief series on health expenditure in the public and private sectors. It discusses commonly ignored components of health expenditure: provision in workplaces, and medical expenditure financed from the Compensation Fund and the Road Accident Fund. The second considers the impact of local government on health. The third brief sets out information on the pattern of health expenditure from 1 April 2019 to the 31 March 2020. This forms the baseline for examining the implications of the 2021 Budget for health expenditure over the medium term, the topic of the fourth brief.
Why Is Burger King Proving a Hard Sell?
This brief explores the legal basis for the Competition Commission prohibiting the purchase of Burger King by Emerging Capital Partners, and argues that it was borne out of an incorrect interpretation of the Competition Act.
Output, Employment, The Minimum Wage And Covid-19
This brief advances an explanation of the divergence between the growth of output and the growth of employment, between the first quarter of 2018 and the first quarter of 2021. In a brief published on 6 April 2021, I argued that the explanation lay in new methods of data collection – here I advance another explanation.
What Can We Expect From The Economy In 2021?
This brief explores what economic drivers lie behind the economic growth projections from various international organisations, South African official sources and South African commercial banks.
Understanding Cronyism
This brief examines cronyism as a subtype of corruption, and argues, using the executive ethics code as an example, that frameworks do not adequately safeguard against cronyism.
Has Statistics South Africa Under-Estimated The Employment Recovery?
Many commentators have argued that the Covid-19 pandemic has led to a sharp increase in the unemployment rate, relying solely on Statistics South Africa’s Quarterly Labour Force Survey (QLFS). But the QLFS is not the only source of information on the labour market. This brief considers the effect of the Covid-19 pandemic on the labour market by reviewing data from Statistics South Africa’s Quarterly Employment Statistics and national accounts, as well as the National Income Dynamics Study Coronavirus Rapid Mobile Survey.
The Expropriation Bill - Why is everyone focusing on expropriation without compensation and not on the major land reform issues?
This brief examines the many problematic aspects on the subject of land reform in South Africa and points out that the proposed amendment to the Constitution and the Expropriation Bill are not the major issues of concern.
The Silence of the Constitutionalists
In this brief, Matthew Kruger reflects on the suspension of democratic power and subordination of transformative goals during the last year of lockdown. After touching on the failures of our major political parties, Parliament and the media to comprehend or resist this reality, he turns his attention to civil society. In the face of this 365-day deferral of the Constitution, why have so many of our NGOs and lawyers kept silent?
Whom The Gods Would Destroy They First Make Mad
How to achieve redistribution with growth in a period of economic decline is difficult and the beginning of wisdom is to avoid actions which make things worse rather than better. The purpose of this brief is to identify some of them.
Service Delivery in South Africa at a Glance
Against the backdrop of recent discussions on service delivery in the Kgetlengrivier Local Municipality this brief will examine current reactions to service delivery failures and possible actions that aggrieved residents may take.
Who Are The Hungry Children? And How Far Can Increases In Social Grants Help Them? Evidence From The 2019 General Household Survey.
Hunger, and particularly child hunger, have been discussed recently as a justification for extending the social grant system. This brief probes the relationship between child hunger and social grants using data from the 2019 General Household Survey (GHS).
Alternative Proposals For Electing Constituency Representatives In A Mixed System
This brief considers three proposals on the table for a mixed member proportional (MMP) electoral system for consideration by the National Assembly’s Home Affairs Portfolio Committee, and makes the point that advocacy of an MMP system does not, in itself, settle all the details which will needed to be considered in the process of electoral reform.
The Public Sector Wage Dispute: Understanding the judgment of the Labour Appeal Court
This brief considers and evaluates the reasoning of the Labour Appeal Court in the public sector wage dispute and considers the implications of its judgment, in light of the approach adopted by Treasury in the 2021 Budget.
The World Inequality Lab's A Wealth Tax For South Africa - A Critique II - The Proposal
The first Brief considered the estimation of the distribution of wealth in South Africa as set out in a companion paper to the wealth tax proposal from the World Inequality Lab. This Brief considers the proposal itself.
The World Inequality Lab's A Wealth Tax For South Africa - A Critique I - The Distribution Of Wealth
This Brief updates the HSF's 2018 series on wealth taxes by considering the World Inequality Lab’s A wealth tax for South Africa published in 2021.
Issuing additional short-term government bonds to increase funding for COVID-19 Relief
In a follow up to a brief published in May 2020 on the same topic, this brief explores the possibility of allocating to buyers the full amount of short-term, lower-yielding government bonds for which they bid, and how the availability of this funding option differs with changing circumstances.
Third Quarter Production And Employment Statistics - Some Puzzles
This is the final Brief in the series with all the statistical information about production and employment in the third quarter having now been published. This Brief focuses on puzzles which arise when all the sources are considered together.
The Era of Pandemics: Tomorrow's Forever Wars
We are now more than 250 days into our 21-day lockdown, with Ramaphosa and his Command Council claiming for themselves the power to legislate every aspect of our lives until the invisible enemy is beaten, or maybe even longer, as their rhetoric about the new normal suggests. In asserting this power in their war on the virus, they resemble another executive in a different, still-ongoing war against an equally invisible enemy: the US war on terror.
Human Settlements In The Metros
This Brief discusses the Department of Human Settlements’ proposed re-orientation of its policies.
The July To September Quarterly Labour Force Survey
Production in the South African economy has bounced back quite sharply since July. This Brief explores what the Quarterly Labour Force Survey tells us about employment and unemployment in the third quarter.
September Production, Rates Of Profit And Loanable Funds
This Brief updates our understanding of the economy and how it has bounced back. It also considers trends in profitability since the beginning 2014, and finally discusses financial flows within the economy.
Foreign Nationals In Gauteng’s Informal Retail Sector
This brief looks at some important facts behind the informal retail sector, specifically with regards to competition between local and foreign traders, and asks whether the Gauteng government’s current hostile stance towards foreign nationals in the Gauteng Township Economic Development Bill will help or hinder South Africans.
The African Continental Free Trade Area has been established. What now?
This brief examines the recent establishment of the African Continental Free Trade Area and its importance within the context of intra-African trade.
The Political Economy Of The Economic Reconstruction And Recovery Plan
The government’s economic policy cards are on the table. Government policy attempts to achieve two goals simultaneously: to ward off an impending fiscal crisis and to improve investment to the point where it can underpin a respectable rate of economic growth. Both need urgent attention. The political economy question is this: can a coalition of interests be maintained to sustain the policy for several years?
Financing Government Debt
The Medium Term Budget Policy Statement, tabled in Parliament on 28 October 2020, projects that the government will need to issue above 50% more short-term and long-term domestic debt in 2020/21 than in 2019/20. In this Brief Charles Simkins considers if the targets can be met and what the macroeconomic implications of doing so would be.
How Coherent Are The 2020 Production And Labour Market Data? II - The Main Issues
This brief compares production and labour market estimates from different sources. Some of the work has already been done in previous briefs and this will be referred to, with a brief summary of findings. In order not to clutter the exposition of new comparisons, supporting tables are placed in the annexure to the brief.
How Coherent Are The 2020 Production And Labour Market Data? I - The Basis For Assessment
The preceding briefs in this series have drawn on a number of sources to assess the evolution of the economy during 2020. These data sources have been compiled for different purposes and to a great extent independently of one another. Yet they overlap and their findings can be compared. The questions arise: How coherent are the data from these sources? What judgements can be made after all the sources have been considered? What uncertainties and puzzles remain?
Social Grants and Unemployment Insurance During The Lockdown
After reviewing the special government cash transfers to households in order to help them through the lockdown, this brief summarizes available information on disbursement of these grants.
August Production Estimates And April To June Quarterly Employment Statistics
Given the uncertainties about the evolution of the coronavirus epidemic and the response of the economy to it and to the measures taken to combat it, it is important to us to keep track of economic data as it emerges.
The National Income Dynamics Study’s Coronavirus Rapid Mobile Survey - The Labour Market In The First And Second Quarters Of 2020
Hard on the heels of the release of the second quarter 2020 (“Q2”) Quarterly Labour Force Survey (“QLFS”) has come the release of the second wave data from the National Income Dynamics Study’s (“NIDS”) Coronavirus Rapid Mobile Survey (“CRAM”).
Electoral Reform: Do independent candidates strengthen the institution of parliament?
The Helen Suzman Foundation is producing a series of briefs on electoral reform in South Africa. This brief, the seventh in our series, considers the role of independent candidates in parliament.
Electoral Reform: Representation in the South African context
The Helen Suzman Foundation is producing a series of briefs on electoral reform in South Africa. This brief, the sixth in our series, will explore the concept of representation within the South African context.
Electoral Reform: Representation - a conceptual analysis
The Helen Suzman Foundation is producing a series of briefs on electoral reform in South Africa. This brief, the fifth in our series, will provide a conceptual analysis of representation.
Electoral Reform And The Political System: The Helen Suzman’s Points Of Departure
The first three briefs in this series establish three main points. The first is that the New Nation case requires electoral reform, the second is that electoral reform may not infringe the constitution, and the third is there are political systemic choices to be made by Parliament about the electoral system within constitutional constraints. This brief sets out the Helen Suzman Foundation’s points of departure at the level of the political system.
Electoral Reform: Are The Electoral Task Team’s “Core Values” Still Relevant?
The Helen Suzman Foundation is producing a series of briefs on electoral reform in South Africa. Following the landmark decision of the Constitutional Court to allow independent candidates to contest national and provincial elections, this series will examine the road ahead at the policy, legislative, and institutional level. This brief, the third in our series, will reconsider the core values for an electoral system identified by the Electoral Task Team in 2003.
The April To June Quarterly Labour Force Survey: A Cautionary Note
The April to June Quarterly Labour Force Survey has appeared. While the HSF commends Stats SA for finally producing it (there were two delays in publication). The HSF cautions that this survey is less reliable than its predecessors for reasons which Charles Simkins elucidates.
Electoral Reform: Constitutional Constraints On The Design Of Our Electoral System
The Helen Suzman Foundation is producing a series of briefs on electoral reform in South Africa. Following the landmark decision of the Constitutional Court to allow independent candidates to contest national and provincial elections, this series will examine the road ahead from the policy, legislative and institutional perspectives. This brief, the second in our series, will explore the constitutional constraints on our electoral system.
Electoral Reform: Understanding the New Nation Movement case
The Helen Suzman Foundation will be producing a series of briefs on electoral reform in South Africa. Following the landmark decision of the Constitutional Court to allow independent candidates to contest national and provincial elections,this series will examine the road ahead from the policy, legislative and institutional perspectives. This brief, the first in our series, will explore the reasoning of the Court and consider the implications of the judgment.
July Production Statistics: An Indication Of A V-Shaped Recovery?
Statistics South Africa publishes monthly production statistics for mining, manufacturing, electricity distributed, the five components of trade, catering and accommodation and two components of trade, storage and communication. The July 2020 estimates have now been published. Gross domestic product statistics have been published for the first two quarters of 2020. What do these estimates reveal about economic recovery since the Level 5 lock down?
The Implications Of The Second Quarter 2020 Gross Domestic Product Data
Dr Simkins highlights that the StatsSA announcement on 8 September of a 51% fall in GDP is misleading in the light of a sharp, temporary shock to the economy as a result of the COVID-19 epidemic. The Brief discusses information from the GDP data about the distribution of the burden of the shock. Further analysis of the distribution will become possible when the Quarterly Employment Statistics and the Quarterly Labour Force Survey are published in late October.
A Constitutional Challenge To The Supplementary Budget II: What Are The Prospects Of Success Of A Socio-Economic Rights Challenge?
This brief examines the prospects of success of a constitutional challenge to the Supplementary Budget based on the State’s failure to allocate more resources to be used for the fulfilment of socio-economic rights.
A Constitutional Challenge To The Supplementary Budget I: A Direct Challenge Within The Context Of The Separation Of Powers
An article in Daily Maverick has proposed a direct constitutional challenge to the Supplementary Budget. This brief examines whether a court will entertain a direct challenge to the Supplementary Budget.
Austerity And A Permanent Income Shock
This brief distinguishes between a policy of austerity and the fact of a permanent decline in per capita income, arguing that South Africa should adapt to a drop of real per capita income of 7 to 10% since 2014. It considers the trajectory of monetary and fiscal policy in this light.
Has The Supplementary Budget Betrayed The Promise Of A R 500 Billion Stimulus Package?
An Article In Daily Maverick Has Charged That The Supplementary Budget Has Torn The Guts Out Of The Covid-19 Package Announced In April. This Brief Examines The Validity Of That Claim.
The Adjustment Budget And Beyond
Charles Simkins reviews the Supplementary Budget. A brutal affair. The Zuma legacy and misfortune have made it so.
Economic Prospects: Some Observations
This brief offers four observations on the prospects for the South African economy.
The regulations adopted for Level 4 of the national state of disaster and their implications
This brief deals with the nature of the Level 4 regulations and their economic, legal and political implications
When the United States Economy Sneezes... The likelihood of a “V-shape” Recovery in the United States
The United States generates more than 20 percent of the world's total output and the dollar is the global reserve currency. What happens to its economy will have a global impact. This brief considers the possibility of a so-called “V-shaped” recovery in the US economy.
The Presidential Address To The Nation: 21 April 2020
This brief sets out the key features and implications of the President’s address on 21 April 2020.
Financing The Public Sector Borrowing Requirement Should South Africa Attempt Yield Curve Control?
The public-sector borrowing requirement includes the borrowing needs of government as a whole, and those of state-owned companies, but excludes development finance institutions.
The Coronavirus And The Economy
In this brief, Charles Simkins suggests principles to guide thinking about the relationship between the epidemic and the economy.
A Guide To The Duties Imposed On South Africans During The Lockdown
In this brief, Charles Simkins, offers an explainer to the Amended COVID-19 Lockdown Regulations which come into effect on 26 March 2020.
The Medium Term Budget Policy Statement On Not Answering The Question
In this brief, Charles Simkins reflects on the Medium Term Budget Statement and the projections made therein.
Migration I: Public opinion versus reality on immigrants in South Africa
This brief reviews immigrants’ net economic contribution, and crime statistics. The OECD estimates that immigrants contribute between 8.9% and 9.1% of national GDP.
Foreign Nationals In The Informal Retail Sector
This brief looks at some important facts behind foreign nationals in the informal retail sector, and asks whether government’s current hostile stance on the matter, as voiced by the Minister of Small Business Development, will help or hinder South Africans.
The Economy: Adapt or Die III - The Long Term
The first brief in this series considered economic priorities leading up to the 2020 Budget. The second brief discussed priorities for the following two years. This, the final brief, proposes initiatives over the longer term.
The Economy: Adapt or Die II - The Medium Term
The first brief in this series considered economic priorities leading up to the 2020 Budget. This brief discusses priorities for the following two years.
The Economy: Adapt or Die I - The Short Term
In this brief Charles Simkins considers the economic priorities leading up to the 2020 Budget.
Recent ANC Comments on Prescribed Assets for Financial Institutions - Brief II of II
This is the second Brief of two that looks prescribed assets, as touted by the ANC. It looks at the potential consequences and finishes with a conclusion. The first Brief introduced us to the idea of prescribed assets; why the idea has been tabled by the ANC; the history of prescribed assets and the lessons learned; is it required to cause private sector investment into government projects; and is it lawful?
Recent ANC Comments on Prescribed Assets for Financial Institutions - Brief I of II
This is the first Brief of two, introducing the idea of prescribed assets: why it has been raised within the ANC, the history of prescribed assets in South Africa and the lessons learned; is it required for private sector investment into government projects and is it lawful? The second Brief looks at the potential consequences and finishes with a conclusion.
Monetary Policy
In this brief, Charles Simkins examines the Reserve Bank's approach to monetary policy.
Debt - the millstone around Eskom’s neck
This brief analyses the magnitude of the problem posed by Eskom’s massive debt, coupled with the lack of information on what is being done about it.
Two innovations in the 2019 Budget
We confine our comments on the 2019 Budget to its two major innovations: the approach to state owned enterprises and the early retirement scheme for public servants.
Budget Challenges III: Revenue And Expenditure
This is the third of three briefs on the challenges to be faced in the presentation of the 2019 Budget on 20 February. It deals with revenue and expenditure. The first brief discussed the economic environment and the second discussed public debt.
Budget Challenges II: Public Debt
This is the second of three briefs on the challenges to be faced in the presentation of the 2019 Budget on 20 February. The first brief dealt with the economic environment surrounding the Budget. This brief deals with the problem of public debt. The third brief will deal with government revenue and expenditure and their policy implications.
Budget Challenges I: The Economic Environment
This is the first of three briefs on the challenges to be faced in the presentation of the 2019 Budget on 20 February. It deals with the global and local economic environment. The second brief will discuss public debt and the third will deal with government revenue and expenditure and their policy implications.
Should The National Development Plan Be Revised?
National Development Plans are revised periodically, often at five year intervals. Although our 'National Development Plan 2030' (NDP) was launched in 2012, it has not been revised. This brief shows that the illusion that the goals of the NDP are achievable cannot be sustained for a minute. A rethink is due.
China’s Loans to South Africa - Brief V
This is the final brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at why the BRICS Bank was not used, on what basis government is able to refuse disclosing further information on the loans, and finishes with a conclusion for the series.
China’s Loans to South Africa - Brief IV
This is the fourth brief in a series of five that takes a look at South Africa’s recent loans from China; it is a summary of the lessons learned from the experiences of the six countries analysed, which have also taken on Chinese debt.
China’s Loans to South Africa - Brief III
This is the third brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at the experiences other countries have had with Chinese debt, namely Zambia, Kenya and Ethiopia.
China’s Loans to South Africa - Brief II
This is the second brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at the experiences other countries have had with Chinese debt, namely Sri Lanka, Pakistan and Argentina.
China’s Loans to South Africa - Brief I
This is the first brief in a series of five that takes a look at South Africa’s recent loans from China. This brief is an overview of South Africa’s debt situation, how the loans from China fit into this, and why we need to look at the experiences other countries have had with Chinese debt.
The African Continental Free Trade Area III – Is Africa ready?
This brief speaks to the likelihood of achieving the African free trade area against imminent challenges, including Nigerian membership, diverging state interests and obstacles to negotiation and implementation.
The African Continental Free Trade Area II – Projected Impact on South Africa
This brief identifies channels through which the African Continental Free Trade Area is expected to transform the South African economy, with positive projections for economic diversification, development and job creation.
The African Continental Free Trade Area I – An Introduction to AfCFTA
This brief explores the current status of the historic African free trade agreement, an agreement intended to unite fifty-four African states and over a billion people under the banner of economic growth and autonomy.
The Coming Demographic Crisis In Sub-Saharan Africa
In this brief Charles Simkins explores the coming demographic crisis in Sub-Saharan Africa.
Eskom’s latest tariff application - Our Submission to the National Energy Regulator
This brief contains a summary of the Helen Suzman Foundation’s submission to the National Energy Regulator on Eskom’s latest tariff application. It describes the extremely serious financial situation in which Eskom finds itself and the strategic issues that need to be addressed.
The President’s Economic Recovery Plan - Some observations
The President announced an economic recovery plan on 20 September. The purpose of this brief is to comment on some of its silences: the absence of important detail and the implicit assumptions.
Land reform - The developmental state on the job
In this brief, Charles Simkins tracks the land reform process both at the executive and legislative phases and offers insights into the challenges ahead.
Land Expropriation and South Africa’s Financial Institutions
This brief considers the potential effects of land expropriation without compensation on the financial institutions of South Africa.
The National Assembly’s Finance Standing Committee Fakes It
On 14 August 2018, representatives of the World Bank presented their ‘systematic country diagnostic’ report entitled An incomplete transition: Overcoming the legacy of exclusion to the National Assembly’s Finance Standing Committee.
The Davis Tax Committee Wealth Tax Report - An Overview
In anticipation of the Davis Tax Committee Wealth Tax Report, the HSF published a series of briefs last year on a wealth tax and whether it was viable method to raise revenue in South Africa. In March this year the Davis Tax Committee published its report on the matter, which this brief considers in the light of the HSF’s work.
Eskom’s 2018 Financial Results
This brief provides a commentary on the main features of Eskom’s 2018 annual financial statements, released on 23 July 2018.
Can we start the long haul now?
We live in a vertiginous age, in a Dadaesque social and political world. Can the ground be prepared for economic recovery in this politically unstable environment?
Reflections on the Minimum Wage Bill
This brief considers the current status of the National Minimum Wage Bill, its limitations and whether its impact will achieve its intended purpose – to advance economic development and social justice.
The PIC and GEPF - An Update
This brief is a follow up on the PIC and GEPF briefs published in the second half of last year. It takes a look at the challenges still facing these organisations in light of the Executive changes and other occurrences that have happened since.
Wealth Taxes VII: Lessons For South Africa
This is the last brief of a seven part series and it considers lessons in wealth tax for South Africa.
Wealth Taxes VI: Land Tax
This is the sixth brief of a seven part series and it considers land tax a possible form of wealth tax in South Africa.
Wealth Taxes V: International Experience (Case Studies)
This is the fifth brief of a seven part series and is the second of two that deal with the international experience with wealth taxes.
Wealth Taxes IV: International Experience (Description)
This is the fourth brief of a seven part series and is the first of two that deal with the international experience with wealth taxes.
Wealth Taxes III: Problems
This is the third brief of a seven part series and it deals with the problems with wealth taxes. The first brief provided a conceptual framework and the second dealt with the rationales for a wealth tax.
Wealth Taxes II: Rationales
This is the second brief of a six part series and it deals with the rationales for a wealth tax. The first brief provided a conceptual framework, and the third discusses the problems.
Wealth Taxes I: Conceptual Frame
This is the first brief of a seven part series. It provides a conceptual framework on wealth taxes. The second brief deals with rationales for wealth taxes, and the third discusses the problems with them.
Curing South Africa's “Sea Blindness” - Cyril Ramaphosa, SONA and the Indian Ocean Rim Association
South Africa got its new Valentine shortly before the clock ticked to midnight on 14th February 2018, as Jacob Zuma exited and Cyril Ramaphosa became first, acting President, then President-Elect and finally President of the Republic in less than twenty-four hours.
Cape Town Round Table: 6 February 2018 - The Budget, Growth & Debt - Beyond The Political Noise: Structural Change Is Urgently Needed
The Helen Suzman Foundation’s Round Table took place surrounded by banners advertising a State of the Nation Address on 8 February that was not delivered. Instead, an ANC process, drawn out for over a week, has resulted in its National Executive Committee recalling Jacob Zuma from his ‘deployment’ as president of the Republic, ending in his resignation on 14 February.
Cape Town Round Table: 6 February 2018 - The Budget, Growth And Debt
This brief, the first of two, summarizes the addresses to the Cape Town Round Table. The companion brief is an analysis of themes discussed at the Round Table.
Municipal Consumer Debt
This brief considers the latest figures, composition, causes and consequences of South Africa’s municipal consumer debt. It also discusses programmes instituted by government and State Owned Enterprises dealing with current issues around municipal consumer debt.
Structural Adjustment
The ratings agencies have put South Africa on terms. Everything now depends on the outcome of Moody’s rating review for downgrade, which may not conclude until after the Budget is presented in February 2018.
This brief by Anton van Dalsen analyses the dangers which are inherent in lower government revenue (resulting from lower than expected economic growth), combined with a potential need for Government to bail out troubled state owned enterprises.
This brief by Charles Simkins reviews the International Monetary Fund's views on the South African economy in its 2017 report.
This brief by Anton van Dalsen is intended to provide more detail on the recent Public Protector’s report and on some very disturbing aspects that it contains.
This brief by Charles Simkins considers the possibility of a radical fiscal stimulus to the economy and the Public Protector’s proposed amendment to Section 224 of the Constitution, which deals with the primary objective of the Reserve Bank. It argues that neither is appropriate and that their implementation would do serious damage to the economy.
This Brief by Charles Collocott considers the overall structures of the Public Investment Corporation (PIC) and Government Employees Pension Fund (GEPF), with a focus on transparency and the framework within which they invest. The need for transparency has been highlighted since the PIC invested over R 1 billion in Independent Media in 2013. The framework for investment is of particular interest since the National Treasury has recently stated that the PIC could possibly become the equity partner in loss-making South African Airways.
This brief is a summary of the most recent decisions taken by the credit ratings agencies on South Africa's credit rating following the cabinet reshuffle in March this year. Standard and Poor's and Fitch downgraded the countries foreign currencies to non-investment grade, while Moody's has put the country's sovereign ratings on review for downgrade. The economic implications of the downgrade are evaluated
The first brief in this series by Charles Simkins considered reactions to the removal of Ministers Gordhan and Jonas, and the consequent ratings downgrade. Not surprisingly, a number of different and incoherent implicit assumptions were found. This brief sets out a framework for a more coherent assessment of the issues at stake.
The first brief in this series by Charles Simkins considered reactions to the dismissal of Minister Gordhan and Deputy Minister Jonas, and the downgrades which followed. The second brief outlined a way of thinking systematically about the choices now facing South Africa. This brief will suggest ways in which thinking about transformation can be made more productive and more consistent with support for South African democracy.
This is the first in a series of three briefs by Charles Simkins. It considers five reactions to the dismissal of Minister Gordhan and Deputy Minister Jonas, and the consequent downgrades. The second brief outlines a framework for understanding the choices now facing South Africa and the third deals with aspects of a route forward for empowerment.
The first two briefs in this series discussed the views of the rating agencies, Moody’s and Fitch, on the South African economy. This is the final brief in the series.
The first brief in this series discussed the current view of the South African economy held by Moody’s rating agency. The next brief will set out the position of Standard and Poor's.
South Africa is in the middle of controversies relating to the SA Revenue Service, the Hawks, the Minister of Finance, Pravin Gordhan, the National Treasury, and State-Owned Enterprises (SOEs). There are also serious tensions within the government and the ruling party. South African government bonds have lost money for investors as bond yields have increased. This could get worse if the Minister of Finance is to be replaced by someone who is less trusted by investors. There are conflicts between the National Treasury and the SOEs (for instance Eskom, Denel and South African Airways) all of which revolve around the resistance of the Treasury to finance their respective bailouts. The biggest specialist investor in fixed interest in South Africa, Futuregrowth, has taken the decision to suspend financing any new loans to some SOEs, setting conditions for resumption. A Danish Bank (Jyske Bank) has withdrawn financial support from Eskom. Moreover, the IMF reduced its projections of growth in South Africa between April and July 2016, now expecting growth of 0.1% in 2016 and 1.0% in 2017. These recent developments will have an impact on the rating agencies in their next review. In this series of three briefs, one on each rating agency, an account will be given of how agencies evaluated the South African economy in their most recent reviews. Given the deterioration in outlook, there is serious cause for concern about their next reviews.
This is the last Brief in a five part series of Briefs on the IMF and it discusses some conditions necessary for making progress in a bleak environment.
This is the fourth Brief in a five part series and looks at structural reform
This is the third brief in a five part series and it considers the role of the state: public finance and fiscal policy, monetary policy and state-owned enterprises.
This is the second part of a five part series of briefs which considers constraints and risks associated with South Africa’s position in the global economy.
This Brief considers internal constraints on growth
This Brief suggests methods that may be adopted in an effort get through the hard times ahead.
This brief reviews the fundamental elements of municipal finances.
Informal Trading has always been a part of South Africa's economy, 30% of which occurs in Gauteng. With an unemployment rate of 25.2%, Informal Trade is, for many South Africans, the "alternative to unemployment", and should be viewed as a way to "address unemployment" and "reduce vulnerability"
This brief focuses on how the Budget proposals impact on development. The short term outlook for economic growth is relatively poor, so a better framework for development is needed to offset resource constraints of the current economic outlook. The Budget speech announced steps to improve investment, including investment in human capital and infrastructure, contain corruption, and lower the burden of regulation.
The minimum wage issue has been rumbling for some time. The Parliamentary Labour Committee has started hearings on the topic. Business Day reported on 5 November that the Deputy President will chair a committee on the issue which will include six Cabinet Ministers, among them the ministers of labour, economic development and finance. NEDLAC has been given the task of producing a report on the technical aspects of its introduction by July next year.
For some time now, the creation of a hundred black industrialists has been on the government’s agenda. It was discussed at the National Broad Based Black Economic Empowerment Summit in October 2013. Last month, the Deputy Minister of Trade Industry, Mzwandile Masina, announced that it was to be done in the next three years.
Hardly a week goes by without some fresh depressing news about the current state of the South African economy. The Reserve Bank has twice this year reduced its growth forecast for 2014, from 2.8% at the beginning of the year to 2.1% and most recently to 1.7%. It has also reduced its forecasts for 2015 and 2016. Standard and Poor’s and Fitch have downgraded South Africa’s credit rating and Moody’s has put it on negative watch. The Minister of Finance has warned recently that the period ahead will not be easy.
This Brief examines the South African environment in which entrepreneurship is initiated.
Minister Trevor Manuel's full speech as presented at the Helen Suzman Foundation's roundtable event on the National Development Plan, 4 November 2013.
This brief examines the current state of implementation regarding the NDP.
This brief summarises the NDP’s main features and looks at the current state of play regarding levels of support for it.
The proposed Business Licensing Bill, which has been lambasted by critics as draconian and impossible to implement, will be significantly redrafted to take account of public submissions, Trade and Industry Minister Rob Davies promised last week. This brief examines the new developments.
This Brief summarises some of the aspects of the Business Licensing Bill and considers what it could mean for business. It showcases State and Private Sector views on the Bill and concludes with some comments from the HSF
In this brief the concept of increasing social security is looked at as being complimentary rather than opposed to economic growth. The author argues that in order for social security to become more comprehensive in South Africa, it needs to be made more sustainable through increasing economic opportunity so that people may become less dependent on the State for their micro-economic security.
The South African Auditor-General Terence Nombembe released the 2011-2012 Consolidated General Report on National and Provincial Audit Outcomes on 12 March, 2013. Whilst Nombembe’s address may have come across as being positive, his sentiments were contradicted by many negative audit outcomes. This brief examines the 2011-2012 Report and highlights the weakness of auditees, causing stagnation and regression.
Zimbabwe I - Demography & Economy
This, the first of two briefs examining the prospects for Zimbabwe following the presidential succession, will consider the demographic and economic context. The second brief will discuss the political implications.
The UNISA v Afriforum case is a victory for the development of languages in tertiary education
This brief follows the brief titled “Away from colonialism or not? The Constitutional Court is to decide an important Unisa v Afriforum case on language policy at University level in terms of section 29(2) of the Constitution”.
What is a fair trial according to the European Court on Human Rights?
This brief discusses the right to fair trial in light of the contemporary debate on the definition of a ‘trial’. It considers the matter from an international perspective, particularly in terms of the European Convention on Human Rights (ECHR) as interpreted by the European Court on Human Rights. Fair trial rights are divided into civil and criminal. The brief argues that the right to a fair trial requires a competent tribunal to adjudicate a matter with fairness and natural justice.
The Covid-19 Epidemic And Primary School Education III – Remote Learning
This is the third of a series considering the delivery of education during Covid-19. It considers remote learning as a complement to contact learning until a time when we have reached recovery from the virus.
The Covid-19 Epidemic And Primary School Education II – The Impact On Learning Outcomes
This is the second of three briefs discussing the delivery of primary education during covid-19, primarily in Quantile 1 to 3 in schools. The previous brief pointed out the unpredictability of the virus and its impact on school contact time. In this brief, we look at the impact on learning outcomes and consider the possible effect of the rollout of the vaccine.
The Covid-19 Epidemic And Primary School Education I – Priorities
This is the first of three briefs discussing the delivery of primary school education during Covid-19, concentrating on Quantile 1 to 3 schools. These briefs emphasise two points: the first is the need to prioritise safety in schools in relation to the spread of the infection and the second is to prioritise the importance of learning over other school activities.
Away from colonialism or not? The Constitutional Court is to decide an important UNISA v Afriforum case on language policy at University level in terms of s 29(2) of the Constitution
This brief explores the review case currently in the Constitutional Court on language policy at the University of South Africa. This case touches on issues of transformation at tertiary level as it affects university culture and representation.
South Africa’s Community Education and Training Colleges
In this brief, Charles Simkins examines the state of community education and training colleges (CETCs) and their plans for development.
Democracy And Popular Political Norms In South Africa II - How Coherent Are Popular Political Norms?
The first brief in this series considered the extent to which popular political norms coincide with constitutional norms. This brief will discuss the coherence of popular norms, and considers whether these popular political perceptions fit into distinct categories.
Democracy And Popular Political Norms In South Africa I - To What Degree Do Popular Political Perceptions Correlate With Basic Constitutional Norms?
This brief is the first in a series of two. It considers survey evidence of popular South African political perceptions, analysing the degree to which they conform to or differ from basic constitutional norms. The second brief will discuss whether these popular political perceptions fit into distinct categories.
TVET colleges ought to be an integral part of post-schooling in South Africa. This brief explores the current status of these colleges and the environment they operate in.
Youth Brief 5 delineated the main features of the transition from education to work in contemporary South Africa. This brief considers evidence on the stability and quality of employment.
This brief is the first of a pair considering the transition from education to work among young people. It delineates the main features of the transition. The second brief will consider evidence on the stability of employment.
This brief outlines recent proposals from the Department of Basic Education on adding a third skills and vocational stream to the school system. Details have yet to be worked out, and the process will not be easy, but it is clear already that the third stream will have implications for currently uniform Grade 1 to Grade 9 education.
He [the Statistical General] said parents were better skilled compared with their children, arguably owing to changes in the education system after 1994. “What we know is that the nursing schools, the teacher training schools and where people used to do trades, [those] schools were closed and they were converted into part of the university system. The net result has been they, those who are 15 to 34, do not have the skills of their parents, so hence the skills crisis, in part, in the country.” – Mail and Guardian, 18 June 2014
Youth Brief 1 described the structure and objectives of the National Senior Certificate system. This companion brief discusses published National Senior Certificate outcomes.
This brief is the first in a series which will discuss the circumstances in which young people live. Some briefs will be supported by technical reports which set out additional detailed information for those interested in it. The first brief will consider the objectives and the extensive structure of the National Senior Certificate system. The second will deal with published information on National Senior Certificate outcomes.
This report contains four tables supporting the Youth Briefs 1 and 2, headed “STRAIT IS THE GATE: THE MATRIC CONUNDRUM”.
The previous brief outlined the procedure for admission to learners in Gauteng public schools. The current regulations date from 2012, and parts of them have been contested in court. This brief sets out the issues.
This is the first of two briefs on regulations governing entry into Gauteng’s public schools. It deals with the system as it has been since 2012. The 2012 Regulations have been challenged in court up to the Constitutional Court.
This is the first of three briefs on the unrest in universities. It deals with its extent and costs. The second deals with the economic and fiscal context within which university and student financing has to be considered. The third deals with prospects for resolution.
The first brief in this series discussed the extent and costs of the recent unrest in universities. This brief describes the economic and fiscal context within which student and university financing has to be considered. The final brief will deal with prospects for resolution.
The first brief in this series discussed the extent and cost of the unrest in universities. The second described the economic and fiscal context within which university and student financing has to be considered. This brief deals with the prospects for resolution.
This brief looks at the changes effected by amending the Higher Education Act.
Anele Mtwesi looks at the basics needed to deliver equal opportunity with respect to education.
This Brief discusses the Maiden's Bursary Scheme and issues around virginity testing
Anele Mtwesi looks at the current higher education funding crisis and government's inability to address the 'missing middle'.
The first two briefs in this series were entitled “Principles of Student Financing 101” and “The University Funding System”. The second brief identified two things which need to be done immediately. This brief sets out options for consideration in the longer term.
This brief is the second in a series on university finance. The first was titled “Principles of student financing 101” and it can be found on the HSF website (www.hsf.org.za). This brief sets out the structure of university funding and considers the rising cost of university education to students as a whole.
A considered look at the problems plaguing access to student finance and university tuition.
Exploring Culture Wars in Universities focusing on behaviour of students in such universities.
City Press reported on 29 June [1] and IOL reported on 10 July 2014 [2] that the Gauteng MEC for education, Panyaza Lesufi, plans to merge former Model C schools with township schools. This is new. The Gauteng Department is smoking. The HSF has observed the smoke signal and we are trying to interpret it. In our efforts, we have posed ourselves the following questions:
This brief provides a breakdown of the events leading up to the Rivonia Primary School case and a brief analysis on what the outcome of the case means for schools. 17 October 2013
This brief examines the National Development Plan’s (NDP) vision and policy proposals on the reform of the education sector in South Africa.
It is widely accepted that education plays a vital role in lifting people out of poverty, empowering women and children, and promoting human rights and democracy. This brief aims to define the right to basic education in South Africa
Who decides on Vaccine Mandates?
This brief reviews the decision of the Supreme Court of the United States of America in National Federation of Independent Business et al v Department of Labour, OSHA and argues that it is able to usefully inform debates about vaccine / testing mandates in South Africa.
Gangster State
When public life is structured by Family Meetings and threats of systematic economic and social exclusion, Matthew Kruger argues, we live in a gangster state.
Coronavirus vaccination in Africa. II – African Conditions
This is the second of two briefs in which global vaccine distribution and the need for social solidarity is discussed.This brief focuses on conditions in Africa.
Coronavirus vaccination in Africa. I – The Global Backdrop
This is the first of two briefs in which global vaccine distribution and the need for social solidarity is discussed. This brief discusses the distribution of vaccines globally.
Concluding Remarks
This brief provides for concluding remarks and responses on Research Fellow Matthew Kruger’s previously published brief entitled “A Life of Freedom: Mandatory Vaccines and Mocking the Dead” in which he argued that it is a shared narcissistic disgust of others that motivates the present move towards a policy of mandating vaccines.
A Life Of Freedom: Mandatory vaccines and mocking the dead
Whatever the cold wisdom of a policy mandating vaccines, Matthew Kruger argues in this brief, it is a shared narcissistic disgust of others that motivates the present move towards it.
The Effects Of Looting On The South African Health Care System At A Time When It Is Most Needed
In the past week and a half, South African news has been overtaken by reports of violent riots and looting which started in protest to the incarceration of former president Jacob Zuma. The effect of the looting is evident on small and big businesses as well as the economy, increasing unemployment and making it difficult for businesses to recover from their losses. However, there are ripple effects which are not as clear. These include those on the health sector, and by extension the vaccine roll out.
Addressing Provincial Health Departments’ Medicolegal Claims Liability II: Transforming Litigation Strategies And Tackling Corruption
Provinces' medicolegal claims liability is largely caused by negligence and intentional wrongdoing by the State Attorney when defending these claims. This brief examines the measures that have been adopted to counteract the problems in the Offices of the State Attorney.
Addressing Provincial Health Departments’ Medicolegal Claims Liability: Developing The Law Of Delict
Provincial health departments face numerous claims for damages for medical negligence. The common law provides that payments must be made in one lump sum, but this impacts on health departments' capacity to provide healthcare for others. This brief considers how the courts have begun developing the common law to provide for payments in kind and periodic payments.
The Life Esidimeni Inquest, Due To Start On 19 July 2021
Five years after the Life Esidimeni tragedy was first uncovered, a formal inquest is being launched by the National Prosecuting Authority (NPA). It is the hope that the inquest will contribute to uncovering the truth behind the decisions which contributed to the termination of the contract which led to the death of 144 mentally ill patients and facilitate closure, by making it clear whether criminal prosecutions are to be instituted.
Combatting Vaccine Hesitancy
In this brief, we consider the problem and potential effect of vaccine hesitancy, and argue that given the deep-rooted mistrust of the state, the private sector can play a crucial role in combatting vaccine hesitancy. It is futile to procure the vaccine if distribution cannot be effected, or if, for whatever reason, people simply do not wish to be vaccinated.
How Will The Health System Cope Over The Next Four Years?
This is the fourth of a four brief series on health expenditure in the public and private sectors. The first brief deals with commonly ignored components of health expenditure: provision in workplaces, and medical expenditure on health financed from the Compensation Fund and the Road Accident Fund. The second considers the impact of local government on health. The third brief sets out information on the pattern of health expenditure from 1 April 2019 to the 31 March 2020. This forms the baseline for examining the implications of the 2021 Budget for health expenditure over the medium term, the topic of this brief.
Health Expenditure In The 2019/20 Financial Year
This is the third of a four brief series on health expenditure in the public and private sectors. The first brief deals with commonly ignored components of health expenditure: provision in workplaces, and medical expenditure on health financed from the Compensation Fund and the Road Accident Fund. The second considers the impact of local government on health. This brief sets out the information on the pattern of health expenditure from 1 April 2019 to the 31 March 2020. This forms the baseline for examining the implications of the 2021 Budget for health expenditure over the medium term, the topic of the fourth brief.
Local Government Impact On Health - What Do We Know?
This is the second of a four brief series on health expenditure in the public and private sectors. The first brief discusses commonly ignored components of health expenditure: provision in workplaces, and medical expenditure financed from the Compensation Fund and the Road Accident Fund. This brief considers the impact of local government on health. The third brief sets out information on the pattern of health expenditure from 1 April 2019 to the 31 March 2020. This forms the baseline for examining the implications of the 2021 Budget for health expenditure over the medium term, the topic of the fourth brief.
Occupational Health And Safety And Fund Payments For Treatment Of Injury And Disease - What Do We Know?
This is the first of a four brief series on health expenditure in the public and private sectors. It discusses commonly ignored components of health expenditure: provision in workplaces, and medical expenditure financed from the Compensation Fund and the Road Accident Fund. The second considers the impact of local government on health. The third brief sets out information on the pattern of health expenditure from 1 April 2019 to the 31 March 2020. This forms the baseline for examining the implications of the 2021 Budget for health expenditure over the medium term, the topic of the fourth brief.
Output, Employment, The Minimum Wage And Covid-19
This brief advances an explanation of the divergence between the growth of output and the growth of employment, between the first quarter of 2018 and the first quarter of 2021. In a brief published on 6 April 2021, I argued that the explanation lay in new methods of data collection – here I advance another explanation.
COVID-19 Vaccines - South African Developments And Issues
This is the second of two briefs about COVID-19 vaccines. This brief sets out vaccine developments in South Africa as well as the various issues that are being faced by the government, the health sector and the people in accessing the vaccine.
Vaccine Nationalism And Global Equity
This is the first of two briefs discussing issues relating to COVID-19 vaccines. This brief argues that, in order to combat COVID-19, global equity to vaccine access is necessary. However, in order to achieve this equitable distribution, vaccine nationalism as well as poor government policy and governance surrounding vaccine access will have to be overcome.
Pharmaceuticals and South Africa III - The Courts
In the first brief we considered the findings in the HSF’s enquiry into the structures regarding the pricing and distribution of pharmaceuticals in South Africa. The Second brief summarised the manufacturing environment of pharmaceuticals in South Africa. We conclude the series by looking at various findings against the backdrop of a Western Cape High Court judgement.
Pharmaceuticals and South Africa II – Supply
In the first Brief we considered the findings in the HSF’s enquiry into the structures regarding the pricing and distribution of pharmaceuticals in South Africa. This Brief will summarise the manufacturing of pharmaceuticals in South Africa. The series will conclude by considering the various findings against the backdrop of a Western Cape High Court judgement dealing with some of the issues.
Pharmaceuticals and South Africa I - Distribution
In the first Brief we consider the findings in the HSF’s enquiry into the structures regarding the pricing and distribution of pharmaceuticals in South Africa. The Second Brief will summarise the manufacturing of pharmaceuticals in South Africa. The series concludes by considering the various findings against the backdrop of a Western Cape High Court judgement dealing with some of the issues.
Hand Hygiene During The Covid-19 Epidemic
In an epidemic where so much remains unknown and where fear is widespread, it is important to enable all persons at risk to feel a sense of agency in relation to their own safety. Two elements are considered here: education about the importance of hand hygiene, and the provision of adequate quantities of usable water and sanitation to make thorough hand washing possible.
Mental Health II - National Health Insurance
Part 2 will consider the content of the National Health Insurance Bill as well as possible implications that it may have on the state of mental health care.
Mental Health I - Legal and policy framework
Part 1 explores the present legal instruments designed to ensure that all those who require it will have access to mental health care. The brief further considers the political will of creating suitable access for those most in need.
Medical aid schemes, medical insurance and the low-cost benefit option II – Where we need to go
Part 2 in this series will look at the work done on the reform of prescribed minimum benefits and its implications for National Health Insurance.
Medical aid schemes, medical insurance and the low-cost benefit option I – Current status
Part 1 in this series explores the manner in which the Council for Medical Schemes has dealt with Low-Cost Benefit Options especially in light of the pending National Health Insurance.
A Guide To The Duties Imposed On South Africans During The Lockdown
In this brief, Charles Simkins, offers an explainer to the Amended COVID-19 Lockdown Regulations which come into effect on 26 March 2020.
The National Health Insurance Bill IV: Summary of the HSF’s conclusions on the Bill
This brief is one of a series of four briefs on the National Health Insurance Bill (“NHI”). Their content is based on the submission which the HSF made to Parliament on 29 November 2019 on the National Health Insurance Bill (“the Bill”).
The National Health Insurance Bill III: Governance and the State’s ability to manage the envisaged NHI
This brief is one of a series of four briefs on the National Health Insurance Bill (“NHI”). Their content is based on the submission which the HSF made to Parliament on 29 November 2019 on the National Health Insurance Bill (“the Bill”).
The National Health Insurance Bill II: Insufficient detail on crucial aspects of the proposed NHI and its funding
This brief is one of a series of four briefs on the National Health Insurance Bill (“NHI”). Their content is based on the submission which the HSF made to Parliament on 29 November 2019 on the National Health Insurance Bill (“the Bill”).
The National Health Insurance Bill I: The current situation in the health sector and how the NHI Bill proposes to change it
This brief is the first of a series of four on the National Health Insurance Bill (“NHI”). They are based on the submission which the HSF made to Parliament on 29 November 2019 on the National Health Insurance Bill (“the Bill”).
Asbestos Cement Waterpipes: A Health Hazard?
Studies have shown that asbestos poses health risks to humans beyond the inhalation of fibres. Evidence suggests that ingestion of asbestos fibres from contaminated drinking water supplied though aged asbestos cement pipes also poses health hazards. This review explores how continued use of deteriorating asbestos cement pipes in water reticulation networks poses risks to human health.
Emerging Contaminants - Crisis Or Manageable Risk?
At present the global scientific community is grappling with the question of whether emerging contaminants in water pose any substantial health risks to humans. While the serious empirical exploration is under way, misplaced media hype about them risks creating undue public panic. This brief explores current debates, risks and solutions for emerging contaminants in water bodies.
Sexual Assault - Part 3: Sexual violence as a Weapon of War
A very popular, yet grossly under recognised, feature and weapon of war is sexual violence. Sexual violence, like artillery, is used to cause destruction through the terrorisation of a population or as an assertion of power by belligerent forces. Rape, when committed as part of a widespread attack, is also an effective tool for bringing about the destruction, in whole or in part, of a national, ethnical, racial or religious group – otherwise known as genocide.
Sexual Assault - Part 2: Sexual Harassment in the Workplace
According to legislation, employers have a positive legal duty to ensure that the workplace is free from unfair discrimination. What the legislature and disciplinary bodies alike do not take into consideration are the delicacies of the power differentials between men and women (not only as between superiors and subordinates) in the workplace and the trauma suffered by the victims of sexual harassment. Until there is an understanding of these inherent power dynamics that exist in the workplace, sexual misconduct will continue to persist in that space.
Sexual Assault - Part 1: Sexual Offences in the Criminal Justice System
Crimes of a sexual nature, the world over, are prosecuted distinct from any other form of crime. The burden of proof in sexual offence cases is more stringent (although it is not permitted to be). The tests and defences used are subjective as opposed to objective – as with all other crimes. Unlike other crimes, commissions of sexual offences, it can be argued, are skewed predominantly against women and children. They are also the only crimes in which the victim’s behaviour is the focal point, as opposed to that of the accused.
A commentary on the National Health Summit 2018 report
In October 2018, the inaugural Presidential Health Summit took place. The Summit sought to invite key stakeholders to deliberate on the issues causing our health system to fail. With the release of the Presidential Health Summit Report 2019, the drafters of the report came to a number of conclusions and recommendations which require comment.
The Medical Schemes Amendment Bill And The National Health Insurance Bill
This brief accompanies the release of our submission to the national Department of Health on its draft Medical Schemes Amendment Bill and the National Health Insurance Bill.
This brief is the second of two. The first brief assesses the extent to which government thinking has progressed on the funding of the health system. This brief will consider the extent to which quantitative modelling can help us think about the system’s future.
This brief is the first of two. It assesses the extent to which government thinking has progressed on the health system. The second will consider whether quantitative modelling can help us think about the system’s future.
This Brief focuses on the Zika virus and the threat to the Brazilian Olympic Games.
This Brief done by HSF's Sarika Doodnath deals with the Silicosis and Tuberculosis cased which are currently being debated over in Court.
This Brief looks at the purchaser-provider split and issues around it as well as whether it is necessary in South Africa's public health system.
This Brief looks at the developments in the NHI White Paper and the effect on the Private Sector with such proposals
This Brief looks at how the resources are allocated in terms of Primary Health Care (PHC) under the NHI White Paper.
This Brief does a comparison between the National Health Insurance (NHI) White Paper and the NHI Green Paper to ascertain differences, advancements and omissions.
Andrew Barlow looks at Brazil's wildly successful Family Health Strategy programme, and how a similar initiative could be rolled out here in South Africa.
Charles Simkins reviews the previous four briefs, pulling together themes and proposing how the government could affect genuinely meaningful change to South Africa's public health system.
The third brief in this series dealt with the two-tier systems used to finance UHC by Israel and the Netherlands. This brief now turns to the single payer system used by Canada.
The second brief in this series dealt with the insurance mandate systems used by Austria and Germany to finance UHC. This brief reviews the two tier systems of Israel and the Netherlands. Two-tier health care is so named because it involves a publically funded basic health package being provided, with a secondary private tier of additional – and often better quality – services available for those who can afford it.
The first brief in this series introduced the concept of Universal Health Coverage, as defined by the World Health Organisation. It looked at how the NHI White Paper released late last year conceives of UHC, and posited that this ambitious single payer system should not be rushed into before other financing systems are considered. This brief describes the UHC systems in Austria and Germany.
The first brief in a five part series contributed to by both Andrew Barlow and Charles Simkins. This brief plays a general and introductory role; as well as considering the conditions needed for UHC success.
This Brief looks at the science behind marijuana and discusses that marijuana is not as bad as Governments want us to think.
Andrew Barlow looks at the UK's NHS - an internationally lauded and nationally loved single-payer universal health care system - and how the many issues its faces are relevant to the recent NHI White Paper and its proposals to implement a similar system here in South Africa.
This Brief looks at the issues at the Health Professions Council of South Africa as well as discusses the Minister of Health's Ministerial Task Team's Report.
This Brief deals with the genetic link requirement in section 294 of the Children's Act which deals with surrogacy agreements and genetic origin of a child, being declared invalid by the High Court in Pretoria.
This Brief discusses the amendment to Regulation 8 of the Medical Schemes Act and what it actually means to members of medical schemes and other stakeholders.
A discussion about Organ Donor Agencies and their regulation in South Africa.
Part 1 in this series provides a summary of the Court's decision in Stransham-Ford.
This brief reviews the Minister of Health's comments on the Medical Malpractice Issues in the Health Sector and responses to such comments
A discussion of the international egg donation programmes which are exploiting South African women amongst other women for the selling of their eggs. The procedures of the egg extractions are also discussed.
This special Brief is a report back on the Competition Commission's Market Inquiry into the Private Healthcare Sector conference.
This Brief reports on a recent seminar hosted by the Albertina Sisulu Executive Leadership Programme addressing the progress and challenges facing National Health Insurance. The Brief focuses on the NHI pilot districts, the concept of Universal Coverage, and raises questions about financing healthcare.
This brief aims to explain the key differences between medical schemes and health insurance and why demarcation between the two is important. Medical schemes, under the protection of the regulation of the Medical Schemes Act, have a large part to play in ensuring the right of access to healthcare. Similar protection is not afforded to other health insurance products. The right to healthcare may, therefore, be watered down if insurance companies, which are not governed by the Medical Schemes Act, are permitted to provide health insurance products similar to those provided by medical schemes.
Water Supply Infrastructure And Reliability - Definitions And Information
This brief sets out information relating to water supply infrastructure and the reliability of service.
Financing water services infrastructure through private sector partnerships
This brief explores the use of public-private partnerships in the water services sector in South Africa and the lessons to be learnt.
Asbestos Cement Waterpipes: A Health Hazard?
Studies have shown that asbestos poses health risks to humans beyond the inhalation of fibres. Evidence suggests that ingestion of asbestos fibres from contaminated drinking water supplied though aged asbestos cement pipes also poses health hazards. This review explores how continued use of deteriorating asbestos cement pipes in water reticulation networks poses risks to human health.
Water Scarcity In South Africa: A Result Of Physical Or Economic Factors?
South Africa is often described as a water-scarce country. This is based principally on physical descriptors like climatic conditions and escalating water demands. This brief investigates whether observed water scarcity in South Africa can be attributed to physical or economic factors, or both.
Water infrastructure backlog and access to water infrastructure delivered
Since 1994, South Africa has achieved major reductions in water infrastructure backlog with consequent improvement in access to water infrastructure delivery. However, gross rural-urban inequalities still persist. This brief provides an assessment of the state of the national water infrastructure backlog and access to water infrastructure as viewed within global development principles and aspirations.
Developing water sensitive cities III: A case study of two South African metros
The final brief in a three-part series exploring urban water sensitivity in South Africa is a case study which examines the approach taken by Cape Town and Johannesburg in response to increased water stress.
Developing water sensitive cities II: Is there support in South Africa’s regulatory framework?
This brief, second brief in a three-part series exploring urban water sensitivity in South Africa, assesses the regulatory framework to determine the extent to which it gives effect to the concept of water sensitive cities.
Developing water sensitive cities I: Rethinking how we manage urban water
Given the current pressure on water sources, South African cities must rethink their approach to urban water management. The concept of water sensitive cities as an means of improving local water security will be explored in a three-part brief series. This brief, the first in the series, provides an overview of water sensitive settlements and its application in South Africa
Understanding water issues and challenges IV: Water infrastructure assessment
The condition of water resource and supply infrastructure influences government’s ability to perform the functions prescribed by the National Water Act and the Water Services Act. This brief discusses the expert assessment of water infrastructure in South Africa and highlights key challenges to effectively managing it.
Understanding water issues and challenges III: Water boards and bulk water services
Water boards are instrumental in providing bulk water services across the country. But failing governance, financial mismanagement and unpaid debt are severely hindering their ability to perform their functions effectively. These challenges, and the influence of municipal and departmental governance on the functioning of water boards, are discussed in this brief.
Understanding water issues and challenges II: Municipalities and the delivery of water services
Municipalities, defined as water services authorities, are required to provide basic water and sanitation services, but systemic issues are impacting their ability to deliver these services. This brief identifies the foremost challenges hindering municipal water functions.
Understanding water issues and challenges I: Department of Water and Sanitation
The Department of Water and Sanitation is tasked with managing South Africa’s water resources. But it faces considerable obstacles in performing its functions. This brief outlines some of its most formidable challenges.
The state of sanitation and wastewater treatment services in South Africa
Effective sanitation services contribute significantly to reducing health risks and protecting the environment. But accessing safe and dignified sanitation facilities has been a long-standing problem for many South Africans. This brief positions the duty to provide sanitation and wastewater treatment services in the context of water services generally, and evaluates the current condition of these services.
The institutional structure for delivering water services
The Constitution affords everyone the right to access sufficient water. One way in which the Water Services Act gives effect to this right is by establishing the institutional framework necessary to ensure water services are delivered. This brief sets out the institutional structure established by the Act, and provides an overview of the roles and responsibilities designated to each institution.
The institutional structure of water resource management
In an effort to effectively manage South Africa’s water resources, the National Water Act makes provision for establishing water institutions that aim to promote equitable and sustainable use of water. This brief sets out the institutional structure to manage South Africa’s water resources, and provides an overview of the roles and responsibilities assigned to each institution.
Water Governance II: A broad outline of South Africa’s international obligations
This is the second of two briefs outlining water governance in South Africa. The first brief focused on the legislative framework domestically and the second sets out South Africa’s international and transboundary obligations.
Water Governance I: A broad outline of the legislative framework in South Africa
This is the first of two briefs outlining water governance in South Africa. The first brief focuses on the legislative framework and the second sets out South Africa’s international and transboundary obligations.
China’s Loans to South Africa - Brief V
This is the final brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at why the BRICS Bank was not used, on what basis government is able to refuse disclosing further information on the loans, and finishes with a conclusion for the series.
China’s Loans to South Africa - Brief IV
This is the fourth brief in a series of five that takes a look at South Africa’s recent loans from China; it is a summary of the lessons learned from the experiences of the six countries analysed, which have also taken on Chinese debt.
China’s Loans to South Africa - Brief III
This is the third brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at the experiences other countries have had with Chinese debt, namely Zambia, Kenya and Ethiopia.
China’s Loans to South Africa - Brief II
This is the second brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at the experiences other countries have had with Chinese debt, namely Sri Lanka, Pakistan and Argentina.
China’s Loans to South Africa - Brief I
This is the first brief in a series of five that takes a look at South Africa’s recent loans from China. This brief is an overview of South Africa’s debt situation, how the loans from China fit into this, and why we need to look at the experiences other countries have had with Chinese debt.
Eskom’s latest tariff application - Our Submission to the National Energy Regulator
This brief contains a summary of the Helen Suzman Foundation’s submission to the National Energy Regulator on Eskom’s latest tariff application. It describes the extremely serious financial situation in which Eskom finds itself and the strategic issues that need to be addressed.
Improved Distribution And Utilization Of Land In Rural Areas - Our Approach
This brief pulls together and summarizes the principles in our approach to the improved distribution and utilization of rural land.
Eskom’s 2018 Financial Results
This brief provides a commentary on the main features of Eskom’s 2018 annual financial statements, released on 23 July 2018.
Human Settlements and Urban Land Reform
This brief summarizes the findings of a recently completed HSF study on human settlements in urban areas.
Parliamentary Submission: Section 25 (Property Rights)
As part of its public participation process, the Joint Constitutional Review Committee of Parliament called for submissions on the review of Section 25 of the Constitution (the Property Clause), following a motion passed by the National Assembly on 27 February 2018, relating to expropriation without compensation.
How should the National Energy Regulator respond to Eskom’s application for a retrospective reimbursement of R66.7bn for the period 2014 to 2017?
The HSF participated in public hearings on 11 May 2018, organised by the National Energy Regulator to receive comments on Eskom’s retrospective refund claim of R66.7bn. This brief analyses the substance of this claim and highlights the refusal by Eskom to confront the reality of a changed energy landscape.
The Future
This brief is the last in a series of six on urban transport and discusses the planned future of the transport system in the five largest metros.
Minibus Taxis
This brief is the fifth in a series of six on urban transport and discusses minibus taxis. The first two briefs present statistical material which delineates key current features of transport in metropolitan and urban areas.
Buses
This brief is the fourth in a series of six on urban transport and discusses buses, including bus rapid transport systems. The first two briefs present statistical material which delineates key current features of transport in metropolitan and urban areas.
Metrorail
This brief is the third in a series of six on urban transport. The first two briefs presented statistical material which delineates key current features of transport in metropolitan and urban areas.
Travel In Cities And Towns II - Statistical Overview: Evidence From The 2013 National Household Travel Survey
This brief is the second in a series of six on urban transport. It, along with the first brief, presents statistical material which delineates key current features of transport in metropolitan and urban areas.
Travel In Cities And Towns I - Statistical Overview: Evidence From The 2016 General Household Survey
This brief is the first in a series of six on urban transport. It, and the second brief, will present statistical material which delineates key current features of transport in metropolitan and urban areas.
This Brief is the first in a series examining the state of youth in South Africa.
This brief reports on the Helen Suzman Foundations Roundtable event on the Future of our Cities.
Human Rights violations in the Kingdom of Eswatini
This brief discusses human rights violations in the Kingdom of Eswatini in terms of domestic and international law. There are two aspects to consider: the use of force by the police and the right to freedom of expression and access to information. The reasons for civil unrest and the response to it by the government are explored. Following the unrest, the people of Eswatini should exercise their right to choose their political system and justice must be done for lives lost during the unrest.
Update on the Impending Border Management Authority
After being amended at the National Council of Provinces, the Border Management Authority (BMA) Bill is one step closer to enactment. But the BMA exacerbates the problem it seeks to address: In its attempt to resolve the fragmentation of South Africa’s border management, it creates another costly level of government bureaucracy under the ailing Department of Home Affairs.
Report: Conference On Fast-Tracking The Implementation Of The UNCAC In Southern Africa
This brief describes the process employed to create a set of recommendations to fast-track the implementation of the UN Convention Against Corruption in Southern Africa. This process commenced at a regional conference held in Livingstone, Zambia in October 2019.
Genocide
The particular horror evoked by genocide exists for three main reasons. Genocide is murder at a mass scale, it is usually perpetrated against the defenseless and, although tensions may build up over decades or even centuries, it can flare up very rapidly.
Water Governance II: A broad outline of South Africa’s international obligations
This is the second of two briefs outlining water governance in South Africa. The first brief focused on the legislative framework domestically and the second sets out South Africa’s international and transboundary obligations.
China’s Loans to South Africa - Brief V
This is the final brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at why the BRICS Bank was not used, on what basis government is able to refuse disclosing further information on the loans, and finishes with a conclusion for the series.
China’s Loans to South Africa - Brief IV
This is the fourth brief in a series of five that takes a look at South Africa’s recent loans from China; it is a summary of the lessons learned from the experiences of the six countries analysed, which have also taken on Chinese debt.
China’s Loans to South Africa - Brief III
This is the third brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at the experiences other countries have had with Chinese debt, namely Zambia, Kenya and Ethiopia.
China’s Loans to South Africa - Brief II
This is the second brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at the experiences other countries have had with Chinese debt, namely Sri Lanka, Pakistan and Argentina.
China’s Loans to South Africa - Brief I
This is the first brief in a series of five that takes a look at South Africa’s recent loans from China. This brief is an overview of South Africa’s debt situation, how the loans from China fit into this, and why we need to look at the experiences other countries have had with Chinese debt.
The African Continental Free Trade Area III – Is Africa ready?
This brief speaks to the likelihood of achieving the African free trade area against imminent challenges, including Nigerian membership, diverging state interests and obstacles to negotiation and implementation.
The African Continental Free Trade Area II – Projected Impact on South Africa
This brief identifies channels through which the African Continental Free Trade Area is expected to transform the South African economy, with positive projections for economic diversification, development and job creation.
The African Continental Free Trade Area I – An Introduction to AfCFTA
This brief explores the current status of the historic African free trade agreement, an agreement intended to unite fifty-four African states and over a billion people under the banner of economic growth and autonomy.
The State Of The South African Refugee Protection Regime: Part III - Party Politics
Asylum has become a battleground for party politics and electioneering.This brief - the third in a three-part series - reviews the asylum policies and statements of four of South Africa’s major political parties (the ANC, DA, EFF and COPE) in the run up to the 2019 election.
The State Of The South African Refugee Protection Regime: Part II - Politics And Policy
This brief - the second in a three-part series - explores reasons for the deterioration of refugee protection in South Africa.
The State Of The South African Refugee Protection Regime: Part I - Current Status
Once applauded by UNHCR’s Antonio Guterres as ‘one of the most advanced and progressive systems of refugee protection in the world’, the South African refugee regime has deteriorated beyond recognition.This brief - the first in a three-part series - explores the state of protection and what it means for asylum-seekers within our borders.
South African Support For The Suspension Of The SADC Tribunal
This brief considers the relevance of a recent High Court judgment in which Zuma’s actions were declared unlawful, irrational and unconstitutional.
Curing South Africa's “Sea Blindness” - Cyril Ramaphosa, SONA and the Indian Ocean Rim Association
South Africa got its new Valentine shortly before the clock ticked to midnight on 14th February 2018, as Jacob Zuma exited and Cyril Ramaphosa became first, acting President, then President-Elect and finally President of the Republic in less than twenty-four hours.
Zimbabwe II - Politics
The first brief in this series outlined key demographic and economic conditions and dynamics. This brief considers their political implications.
In both the South African Supreme Court of Appeal and the International Criminal Court, the Al Bashir case centred on immunity enjoyed by heads of state. Both courts concluded that President Omar Al Bashir did not enjoy immunity on his June 2015 trip to South Africa. This brief outlines the basis of each court judgment as it relates to immunity and concludes that its application is often open to interpretation.
On the night of the 11th of April 2017 the Zambian Police broke down the gate of Hakainde Hichilema’s compound and began their quest to arrest the country’s main opposition leader. All of this less than a year after Hichilema had disputed the result of a close-run presidential election. Both the election and the arrest speak to worrying trends in Zambian democracy amidst the backdrop of a stony silence by the South African government and other international actors.
This brief will discuss the decision of the International Criminal Court to institute Article 87(7) proceedings against South Africa. This brief will look at what the consequences may be if an adverse finding is made against South Africa.
Policy in the United States of America towards Sub-Saharan Africa has been a relatively stable issue over the course of the past few presidential administrations. In stark contrast to the debates that exist around American foreign policy in many other regions, American policy towards Africa has largely enjoyed bipartisan support from both Republicans and Democrats since the end of the Cold-War. This policy has been focussed on three main areas, which are likely to remain at the core of America’s relations with Sub-Saharan Africa; trade, foreign aid and security cooperation. Rafael Friedman explores what impact, if any, the shock election of Donald Trump will have on these.
The growth of America's Global War on Terror has raised a number of questions for the African continent. Including the scope of American involvement and the impact that it has, and is likely to have, on counter-terror efforts in Africa. Rafael Friedman explores these in this brief.
This brief provides some background regarding a huge increase in Mozambique’s foreign debt and the serious impact on the country’s financial and general economic situation. It highlights the dangers of ill-considered and opaque government action and draws attention to the potential impact on South Africa of a grave deterioration in the economic situation of a neighbouring country.
This brief is on the pending application before the Pretoria High Court to declare the decision to withdraw from the ICC invalid and it deals with the arguments in support of the application.
This is the first Brief in a series of Briefs which looks at the role of Traditional Leaders in African Countries.
This is the final Brief in the three part series by Charles Simkins on democracy and looks at authoritarian strategies.
This is the second Brief in the three part series of Briefs by Charles Simkins on democracy and it deals with the interpretation of environments of democracy.
This is the first Brief in a three part series of Briefs which deal with democracy. This Brief looks at indicators of democracy.
Charles Simkins looks at the the IMF's April 2016 World Economic Outlook and where this leaves South Africa, both now and in the years to come.
In Part I of this brief, I explained that although the decision of the Supreme Court of Appeal in the Southern African Litigation Centre matter, involving Mr Al-Bashir, represents an important victory in the struggle for international justice, it is potentially quite limited in its future scope and impact. I then outlined the nature of South Africa’s political community—a sovereign state that is also a member of the family of nations—and thereafter connected this conception of statehood to crimes against humanity, war crimes and genocide. In doing so, I explained that these crimes, by their nature, harm all people everywhere. In this brief, I explain why these crimes also directly violate the Constitution. I also argue that the nature of this violation is such that it renders unconstitutional and therefore not binding any rule, either international or domestic, that purports to afford sitting heads of state absolute immunity in relation to such crimes.
Last Friday, 8 April 2016, the Minister of Justice and others filed papers in the Constitutional Court. They are appealing the Supreme Court of Appeal’s finding that government’s failure to take steps to arrest and detain, for surrender to the ICC, Mr Al-Bashir when he visited South Africa in 2015 was unlawful.
Charles Simkins looks at Brazil and the dire straits the country finds itself in, drawing instructive comparisons between the political and economic situations of South Africa and our troubled BRICS partner.
Andrew Barlow looks at the UK's NHS - an internationally lauded and nationally loved single-payer universal health care system - and how the many issues its faces are relevant to the recent NHI White Paper and its proposals to implement a similar system here in South Africa.
Andrew Barlow looks at the success of Ethiopian Airlines and what lessons this has for South African Airways' shareholder – our government.
This Brief looks at the turning point in Nazi Germany's Eastern Offensive. It identifies six principles that underwrote Hitler's humiliating defeat, and which remain relevant today.
As part of the out of cycle review of South Africa’s eligibility under AGOA, a call for comments was included. The American Chamber of Commerce in South Africa (AmCham), the organisation that represents 250 US companies operating in SA, responded by detailing which issues were of concern to its members. In what follows, I consider at length the two most pressing issues raised by AmCham. I suggest that the poultry dispute has set a new and strong-armed precedent to economic relations between the two countries, and that our future under AGOA is far from certain.
A fifteen-year poultry trade dispute between South Africa and the US came to a head recently. Relations thawed, and the US gave our government a 60-day ultimatum in which to remove trade barriers to US bone-in chicken cuts that have blocked them from the SA market since 2000. But US concerns over South Africa's future commitment to meeting eligibility criteria are not limited to trade. The protection of existing investment through the legal recognition of property rights, as well as the creation and conservation of an environment conducive to foreign investors, are at least as important to the US government. In this pair of briefs, I begin by analysing the context the ultimatum was delivered in. I look at the nature of Agoa and our commitments under it, I chart the history of the trade dispute, and I consider the grounds and motivations underlying each side's actions. In the second brief, I examine the two most pressing issues impeding our future inclusion under Agoa. I conclude that US patience has likely run dry, and our future eligibility is far from certain.
The third brief in this series considered the economic programme of the SADC as it evolved since 2001. The original Regional Indicative Strategic Development Plan has been revised recently, a Tripartite Free Trade Area has been launched, and a long-term economic strategy centred on industrial development and resource beneficiation has been approved. Discussing and evaluating the new economic trajectory that these changes signify is the subject of this final brief.
The first two briefs in this series described the history and structure of the SADC. This brief and the next will consider and evaluate respectively the origins and recent evolution of its economic programme.
In the first brief the history of the SADC was charted in its development from anti-colonial liberation alliance to regional economic integration organisation. In this brief, the second of four, I look in detail at the current institutional framework of the SADC following the 2001 restructuring.
The Southern African Development Community (SADC) is an inter-state organisation based in Gaborone, Botswana that pursues a comprehensive regional integration agenda through both socio-economic and political cooperation. This year represents a turning point in the socio-economic programme of the Southern African Development Community. The launch of the Tripartite Free Trade Area and a pivotal overhaul in socio-economic integration strategy make 2015 a seminal year in the evolution of the SADC and present a choice opportunity for an extended series of briefs. This is the first of four briefs. In it, I chart the history and development of the SADC from its inception in the regional liberation struggles of the 1960’s and 70’s. In the second, I explicate the institutional framework and decision-making structure of the organisation. In the third, I outline the many problems that the SADC has encountered in pursuing its economic integration agenda in the last decade. And in the fourth and last, I discuss what measures the SADC has taken this year to overcome these obstacles, and evaluate their prospects for success.
In this final brief I consider two issues. First, is the power afforded to the NPA under section 179(2) of the Constitution discretionary and, if so, what is the relevance of this fact? Second, does the NPA have a duty to prosecute foreign nationals who prima facie appear to have committed genocide, crimes against humanity or war crimes and, if so, what is the relevance of this fact? Before addressing these two issues, though, I will provide a brief summary of the conclusions of the first three briefs. According to the SALC decision, the SAPS has a duty to investigate allegations against foreign nationals of crimes against humanity. In coming to this finding, Majiedt AJ said that the NPA does not have a duty to institute criminal proceedings; it has a discretionary power. The concepts of duty and discretion, though, are not mutually exclusive, as Majiedt AJ appears to have assumed. The source of the court’s mistake was its insufficiently thorough analysis of the relationship among ‘power’, ‘duty’ and ‘privilege’. Whether a power is accompanied by duties and/or discretion is a normative question, the answer to which requires consideration of the reasons for and against vesting the NPA with different types of power.
In the first two briefs of this series I outlined the fact that, according to the SALC decision, the SAPS has a duty to investigate allegations of crimes against humanity. I explained, however, that in coming to this conclusion, Majiedt AJ said that the NPA has the power to institute criminal proceedings, but does not also have a duty; rather, it just has a discretion. In other words, he thinks that where a power is discretionary, the person vested with that power does not have a duty to exercise it. I concluded the second brief, however, by explaining that the concept of a duty and the concept of a discretion are not mutually exclusive. In this brief, I provide a possible reason for why the court thought otherwise.
In the first brief I explained that the purpose of this series of four briefs is to determine whether the NPA has a duty to prosecute foreign nationals who prima facie appear to have committed crimes against humanity, war crimes and genocide. I indicated that I think such a duty does exist and that this duty is sourced in the Constitution itself. My explanation of why this duty exists began with an outline of the Constitutional Court’s judgment in the SALC decision, a case dealing with the duty of the SAPS to investigate foreign nationals accused of crimes against humanity, war crimes and genocide. I ended the first brief by claiming that the finding of the court that the NPA has a discretion but not a duty to institute criminal proceedings presents certain problems—especially given the decision by the ANC to withdraw South Africa as a member of the ICC. In this second brief, I will explain the significance of the Constitutional Court’s conclusion and I will begin to interrogate the basis of this conclusion.
This is a series of four briefs. In this series I consider whether the NPA has a duty to prosecute foreign nationals who prima facie appear to have committed genocide, war crimes or crimes against humanity. I conclude that although the NPA has a discretion when exercising its power to institute criminal proceedings, it also has a duty to prosecute alleged perpetrators of such crimes. This duty is grounded in the Constitution, with domestic legislation and international law concretising, particularising and duplicating this duty. This conclusion has important implications for any decision by the NPA not to prosecute alleged perpetrators of such crimes. It also means that South Africa’s membership of the ICC is not critical to the NPA’s duty to prosecute such persons. The arguments that I make in this series include a fair amount of legal and conceptual analysis. As such, the ideal approach to reading this series of briefs would be for the four briefs to be read in a single sitting (or, at least, without much break in between reading each brief). In the likely event that such dedication is not possible, however, I have provided short summaries of the preceding briefs in the second, third and fourth briefs of this series. These three summaries, I hope, will be adequate to remind the reader of the more essential arguments of the preceding briefs.
The sale in execution of property previously owned by the Zimbabwean Government on 21 September 2015 is one of several notable legal developments with respect to the SADC Tribunal.
The fourth Brief in the series sets out the economic interests in the system.
The third Brief in the series considers the historical and future impact of the Silk Road.
The second Brief will consider the problems inherent in the system, and their implications for the global economy.
The first Brief in this series describes some basic features of the Chinese financial system, especially in its links to the global economy.
A synopsis of the Rome Statute and its interplay with the African Union.
Part One of an investigation into the challenge of xenophobia and integration within liberal democracy. This study focuses upon challenges arising through Islamic immigration in Western Europe. Issues highlighted include: the rise of the European Right, French Secularism and the Charlie Hebdo Attacks.
The adoption of the newest SADC Tribunal Protocol has sought to rebirth the Tribunal after a long gestation period where it underwent significant review. The latest manifestation indicates that the region’s efforts at taking the rule of law, and regional integration, seriously are nothing short of being stillborn
On 15 July, Brazil, Russia, India, China and South Africa signed agreements to establish the New Development Bank and the Contingency Reserve Arrangement. The provisions of each have to be incorporated into the law of each country. Once this is done, probably by 2016, the institutions can start operation. How will they work?
The recent announcement by the Tanganyika Law Society to challenge the disbandment of the SADC Tribunal (before the High Court in Tanzania) has once again put the demise of this organisation in the spotlight. This Brief tracks the history of the Tribunal and explains why it is so important for the Rule of Law.
The latest ruling by the African Commission of Human and People’s Rights (ACHPR) -that no individual can access the SADC Tribunal as a means of recourse in a dispute with a member state may well be the death blow for that institution. This Brief explains why this is the case.
The Helen Suzman Foundation has already written about the Constitutional Court’s decision in Government of Zimbabwe v Fick. In this brief, we look at whether the concept of sovereignty should have meant any different.
The Constitutional Court’s decision in Government of Zimbabwe v Fick is a partial victory; the disbandment of the SADC Tribunal remains a travesty of justice. This Brief examines this in greater detail.
The future of the neutered SADC Tribunal is dependent upon the SADC Summit in August and perhaps the pending ruling of the South African Constitutional Court on the case of dispossessed Zimbabwean famers. At issue is also the link between the rule law and economic development. In the case of Zimbabwe the rule of power still trumps the law, and as a consequence the economy suffers. This provides portents for the SADC leaders.
Zimbabwe I - Demography & Economy
This, the first of two briefs examining the prospects for Zimbabwe following the presidential succession, will consider the demographic and economic context. The second brief will discuss the political implications.
The Public Protector, The Committee And The Courts – What To Do With The Judicial Findings?
This brief explores the constitutional role of the Section 194 Committee tasked with establishing whether Public Protector Adv Busisiwe Mkhwebane has committed misconduct or is incompetent to hold office. It argues that in the course of carrying out its work, the Committee has no power to second guess judicial findings.
New criminal intent in hate speech law: the Prevention and Combating of Hate Crimes and Hate Speech Bill in relation to the CC judgment in Qwelane v SAHRC
This is the third brief on hate speech law and it considers components of the Prevention and Combating of Hate Crimes and Hate Speech Bill (“the Hate Speech Bill”). We also explore the relationship of the Bill and the case of Qwelane v SAHRC (Qwelane).
The Harm In Qwelane
This is the second brief dealing with the Constitutional Court’s decision in Qwelane v South African Human Rights Commission. This brief considers the issues that arise from the Court’s interpretation of the word “harm” in the Promotion of Equality and Prevention of Unfair Discrimination Act.
Hurtful, Harmful, Hateful: Heeding Qwelane
This is the first of three briefs on hate speech law and it sets out the findings in the judgment of teh Constitutional Court in Qwelane v South African Human Rights Commission, wherein the Court interrogated the hate speech provision in the Promotion of Equality and Prevention of Unfair Discrimination Act.
What Would Edmund Burke Say? Reflections on the Appointment of the Chief Justice
This second of two briefs comments on the procedure adopted by President Ramaphosa to consider the appointment of the new Chief Justice. The first brief considered the process of Constitutional Court appointments. With a focus on the Judicial Service Commission interviews held in April and October 2021.
Take Two: Appointing the Justices of the Constitutional Court
This first of two briefs will consider the process of Constitutional Court appointments. With a focus on the Judicial Service Commission interviews held in April and October 2021. The second brief comments on the procedure adopted by President Ramaphosa to consider the appointment of the new Chief Justice.
The Judicial Battleground
This brief considers the general state of the judiciary and makes the point that given the current judicial and political climate the selection of the next Chief Justice is of vital importance.
To postpone, or not to postpone? That is the question.
This brief will consider the pertinent question: What are the issues that the Constitutional Court will have to decide at the hearing of the Electoral Commission of South Africa v Minister of Cooperative Governance and Traditional Affairs and Others?
The Constitutional Court’s ruling against Jacob Zuma - What should we be thankful for?
This brief considers the ruling of the Constitutional Court against Jacob Zuma. The Constitutional Court has reaffirmed that the rule of law will prevail and everyone is equal before the law. This brief reflects on the importance of a judicial appointment process that is not subject to the whim of politicians.
Impeachment of the Public Protector
This brief explores the implications of the Independent Panel report and concludes that careful consideration of its findings about the Public Protector is necessary to protect our constitutional democracy.
State of Brutality - a constitutional crisis II: Law enforcement and the social contract
This brief, the second in the series, considers the social contract underpinning society. The brief concludes by considering the government's view with regard to its citizens' lives against past practices.
State of Brutality - a constitutional crisis I: A Good Friday murder
This brief, the first in the series, considers the circumstances leading to the death of Mr Khosa on Good Friday. The brief concludes with an overview of the reactions by government in the wake of the murder as well as the subsequent litigation.
The Constitutional Court And The Electoral Act
The Constitutional Court ruling of 11 June 2020, declared the Electoral Act as unconstitutional to the extent that it requires that adult citizens may be elected to the national assembly only through their membership of political parties. This means that the Electoral Act will need to be amended and the Court has given Parliament 24 months to do so. This brief considers two possibilities as to how the Act can be amended.
Decision Making In A Time Of Uncertainty
The brief considers the present state of uncertainty and how decision making is to be viewed and implemented. Charles Simkins introduces risk and uncertainty and then considers political emergencies, dictatorship and what to do with debt. The brief concludes with remarks regarding coping in the present uncertainty.
Crime And Punishment In Contemporary South Africa V - Concluding Remarks
This is the fifth brief in a series of five. The first brief set the scene for an analysis of quantitative information of the criminal justice process. The next three briefs set out the analysis. This brief offers some concluding remarks.
Crime And Punishment In Contemporary South Africa IV - Estimating The Performance Of The System
This is the fourth brief in a series of five. The first brief set the scene for an analysis of quantitative information of the criminal justice process. This brief is the third of three setting out the analysis. The fifth brief offers some concluding remarks.
Crime And Punishment In Contemporary South Africa III - From Crime Reporting To Cases Finalised
This is the third brief in a series of five. The first brief set the scene for an analysis of quantitative information of the criminal justice process. This brief is the second of three setting out the analysis. The fifth brief offers some concluding remarks.
Crime And Punishment In Contemporary South Africa II - From Crime To Crime Reporting
This is the second brief in a series of five. The first brief set the scene for an analysis of quantitative information of the criminal justice process. This brief is the first of three setting out the analysis. The fifth brief offers some concluding remarks.
Crime And Punishment In Contemporary South Africa I - The System And The Data
This is the first brief in a series of five. It sets the scene for an analysis of quantitative information of the criminal justice process, presented in the second, third and fourth briefs. The fifth brief offers some concluding remarks.
The regulations adopted for Level 4 of the national state of disaster and their implications
This brief deals with the nature of the Level 4 regulations and their economic, legal and political implications
The Presidential Address To The Nation: 21 April 2020
This brief sets out the key features and implications of the President’s address on 21 April 2020.
We Must Support The President
In this brief, Research Fellow Matthew Kruger considers what unified support for the President means during the crisis.
Legality In A State Of Disaster
This brief is a companion to our recently published brief entitled ‘A guide to the duties imposed on South Africans during the lockdown’. That brief should be regarded as our Coronavirus Brief 1.
Do we need a Water Use Bill?
In light of a recent announcement to develop legislation dedicated to transforming the water use sector, this brief examines the current legislative and policy provisions intended to drive water use reform. It highlights the slow pace at which transformation has taken place, underscored by a lack of political will, socio-political factors and, ultimately, an inconsistency between the law and its implementation.
China’s Loans to South Africa - Brief V
This is the final brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at why the BRICS Bank was not used, on what basis government is able to refuse disclosing further information on the loans, and finishes with a conclusion for the series.
China’s Loans to South Africa - Brief IV
This is the fourth brief in a series of five that takes a look at South Africa’s recent loans from China; it is a summary of the lessons learned from the experiences of the six countries analysed, which have also taken on Chinese debt.
China’s Loans to South Africa - Brief III
This is the third brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at the experiences other countries have had with Chinese debt, namely Zambia, Kenya and Ethiopia.
China’s Loans to South Africa - Brief II
This is the second brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at the experiences other countries have had with Chinese debt, namely Sri Lanka, Pakistan and Argentina.
China’s Loans to South Africa - Brief I
This is the first brief in a series of five that takes a look at South Africa’s recent loans from China. This brief is an overview of South Africa’s debt situation, how the loans from China fit into this, and why we need to look at the experiences other countries have had with Chinese debt.
Companies Amendment Bill, 2018: Our submission to the Department
This brief summarises the Helen Suzman Foundation’s submission to Department of Trade and Industry regarding the Companies Amendment Bill, 2018. It proposes that in order to promote openness and transparency, the Companies Act should be amended to allow the public to access share registers by request to the Companies and Intellectual Property Commission.
Illicit Financial Flows - Part III: Laws And Institutions (Continued)
This series of briefs examines illicit financial flows in the South African context - and what is being done to stop them.
Illicit Financial Flows: A Primer - Part II: Laws And Institutions
This series of briefs examines illicit financial flows in the South African context - and what is being done to stop them.
Illicit Financial Flows - Part I: A Primer
This series of briefs examines illicit financial flows in the South African context - and what is being done to stop them.
Parliamentary Submission: Competition Amendment Bill, 2018
On 17 August 2018, The Helen Suzman Foundation Made Written Submissions In Response To The Portfolio Committee On Economic Development’s (The Committee) Call For Public Comment On The Competition Amendment Bill, 2018 (The Bill).
Parliamentary Submission: Independent Police Investigative Directorate (IPID) Amendment Bill, 2018
On 29 June 2018, the Helen Suzman Foundation made written submissions in response to the Portfolio Committee on Police’s (the Committee) call for public comment on the Independent Police Investigative Directorate (IPID) Amendment Bill, 2018 (the Bill). The HSF also made oral submissions before the Committee on 3 July 2018 at Parliament.
Constitutional damages: Recent decisions in focus
This brief explores the concept of “constitutional damages” in South Africa and why they were awarded to the loved ones and survivors in the Life Esidimeni arbitration, but not to Michael Komape’s family.
Legal Costs Orders - An Underused Tool For Accountability - Part II: The Present And Future
This brief - Part II in a two-part series - examines ongoing litigation where high-ranking public officials face the prospect of being ordered to pay legal costs in their personal capacities.
Legal Costs Orders - An Underused Tool For Accountability - Part I: A Look Through The Case Law
This brief is the first in a two-part series and will consider case law examining principles regarding cost awards against public officials in their personal capacity.
Judging the Judges
This Brief considers circumstances in which judges can be impeached for gross misconduct specifically considering the case of Judge Nkola Motata
The Life Esidimeni Arbitration: the legal basis for granting the Award
This brief discusses the legal basis for granting R1.2 million in damages to each claimant in the Life Esidimeni Arbitration Award.
The Constitutional Justice Report: Judging The Judges II - Assessment
This is the second part of a two-part brief concerning the Assessment of the Impact of the Decisions of the Constitutional Court and the Supreme Court of Appeal on the South African Law and Jurisprudence (Report). It will consider questions arising from the findings of the Report and highlight some issues of concern.
The Constitutional Justice Report: Judging The Judges? Part I - Context And Main Findings
This is the first part in a two-part brief concerning the “Assessment of the Impact of Decisions in the Constitutional Court and Supreme Court of Appeal on the Transformation of Society” , otherwise known as the Constitutional Justice Report: an assessment of South Africa’s highest courts commissioned by the Minister of Justice.
This brief looks at the relevance of rationality in the Speaker’s determination of the procedure to be followed in a vote of no confidence, as set out by the Constitutional Court in a recent judgment.
Much has been said recently in South Africa on whether courts were interfering in the realm of the executive. This brief by Anton van Dalsen shows that this discussion doesn't just take place here.
This brief discusses the recently published Traditional Courts Bill. Earlier versions of this Bill were introduced in 2008 and 2012, but were withdrawn following public opposition to them. The brief considers whether the revised version of the Bill deals with the objections to earlier versions, and whether it should be passed.
South Africa is a state based on the rule of law. What does it mean for the law to be abused in such a state?
How long does it normally take for the President to sign a bill?
In this brief, Matthew Kruger replies to David Saks (Associate Director of the South African Jewish Board Deputies), criticising Mr. Saks' support for the Board's proposal to amend the Constitution and thereby limit further the right to freedom of expression.
In Part I of this brief, it was explained that the proposal by the South African Jewish Board of Deputies ("SAJBD") to amend section 16 of the Constitution is conceptually confused and should be rejected. In Part II, it is explained why we must not only reject the proposed amendment, but also reassert our freedoms to harm, offend and hate certain people.
The extent of democratic consolidation is not manifest in tranquil times. It becomes visible in testing times. Choices made then determine whether the quality of democracy improves or deteriorates. Crises rule out the option of continuing business as usual
An overview of the HSF's continued fight in securing adequate independence for the institutions charged with protecting the constitutional rights of South Africans and all those within her borders.
This Brief discusses the Justice Administered Fund Bill
In the first of this three-part series, Matthew Kruger analysed aspects of the democratic foundations of the Constitution and argued that the source and formation of customary law is essentially democratic in nature. In the second brief, Chris Pieters provided a summary of some of the existing legal framework regulating traditional rule, as well as the attitude of the ANC to this form of rule. The third and final brief offers insight into the constitutionality of aspects of the Bill’s structure and content.
In the first of this series of briefs, Matthew Kruger analysed the democratic foundations of the Constitution and explained that the nature of the source and formation of customary law is essentially democratic. This second brief is a short summary of some of the existing legal regulations of traditional rule, as well as the ANC’s attitude towards this form of rule. The third and final brief will offer some insight into the constitutionality of aspects of the Bill’s structure and content.
This is a series of three briefs that critically analyses aspects of the Traditional and Khoi-San Leadership Bill, 2015. The first brief, written by Matthew Kruger, outlines some important features of the nature of South Africa’s constitutional democratic state that are relevant to the Bill. The second brief, written by Chris Pieters, provides a short summary of some of the existing regulation of traditional rule, as well as the ANC's attitude to this form of rule. The third brief, written by Matthew Kruger, argues that the Bill is in certain respects unconstitutional, in that its structure and content are inconsistent with the democratic foundations and values of the Constitution. The issues that we consider are broad and complex. As such, the various arguments made and conclusions reached in these short briefs are neither final nor complete. We hope, rather, that they contribute to an existing discussion around a Bill that we think is constitutionally unacceptable.
The recent criticism of the advocates’ profession for a lack of transformation has prompted the Minister of Justice, Michael Masutha, MP, to say that he will launch radical plans to make the Cape Bar, in particular, more demographically reflective of South Africa. This brief analyses the Minister’s comments.
This brief addresses transformation of the legal profession through the reformation of Legal Aid. This policy option may be unpopular in some quarters but could provide answers to the Bar’s problems. This brief is occasioned by correspondence between the author and a high-ranking official at Legal Aid, and demonstrates the need for radical policy thinking to address complex societal problems.
Summary of the seventh Helen Suzman Memorial Lecture, delivered by Ms Gill Marcus at the Gordon Institute of Business Science on the 3rd November, 2015.
Uniform Rule 49(11) was used as a method of enforcing court orders while the appeal process was underway. This has been repealed and its empty place is a reminder of how rules can be managed.
A glimpse into the tensions between the Judiciary and other constitutional entities.
In recent legal interventions involving the unlawful suspension of the National Head of the Hawks, the Helen Suzman Foundation became aware that the Minister of Police had, at the expense of taxpayers, sought the help of a large private firm. The State Attorney is the Office charged with the functions of dealing with State litigation. This revelation leaves one wondering what the State Attorney is doing.
One consequence of the recent litigation engaged in by the HSF – involving the independence of the Hawks as well as the processes adopted in the appointment of judicial candidates – relates to a range of inquiries concerning the legal system and its processes. This Brief seeks to elucidate the legal processes that are followed.
The Office of the Public Protector is not beyond review or criticism. But there is an important line that needs to be drawn beyond which criticism can degenerate into abuse whether of the incumbent or the office. This brief seeks to elucidate that very line.
The ruling by the Supreme Court of Appeal (SCA) that the ‘Spy Tapes’ are to be released to the Democratic Alliance (DA), is an important decision for the rule of law. This brief tracks the case’s history and explains what the next steps will be.
On 26 August 2014 the HSF hosted a Roundtable event on Consultation and the Constitution. The event featured Mtende Mhango, Iraj Abedian and John Jeffery. This brief summarises some of the main themes of the evening.
This brief details the HSF's ongoing litigation against the JSC.
With the release of the Public Protector’s Nkandla Report, questions will arise concerning a possible ‘motion of impeachment’. It is important that Parliament clarifies how ‘motions of no confidence’ should work in light of the Constitutional Court’s Mazibuko ruling.
This brief provides a summary of the 2013 Helen Suzman Memorial Lecture delivered by Justice Zakeria Mohammed Yacoob.
The Marikana costs judgment recently handed down by the Constitutional Court is a result of Constitution’s commitment to the separation of powers.
In this Brief, the review of Constitutional Court and Supreme Court of Appeal decisions will be examined showing some aspects: the government’s views; the reservations to it; latest developments and the possible outcomes.
Tlokwe (Potchefstroom) has been the site of an intense political battle between the ANC and the DA. The unfolding of the drama there provides incisive lessons on the rule of law.
This Brief gives an update on the HSF’s pending court case against the Judicial Service Commission (JSC).
This Brief examines the recent judgment of the Constitutional Court in Rademan v Moqhaka Municipality and Others delivered on 26 April 2013. This case dealt with the non-payment of rates on the grounds of lack of service delivery. The findings of the Court are important for future service delivery disputes of this kind.
This Brief looks at the passage of POSIB and argues that the President should not sign the Bill.
This brief raises issues around the JSC methodology.
In this Brief (‘Public Interest Litigation Threatened by Legal Practice Bill’), Kameel Premhid, HSF Intern, examines proposed changes to fee structures in the legal profession and what negative implications this could mean for the work conducted by NGOs like the HSF.
As part of our mandate to facilitate and stimulate dialogue on matters relating to our liberal constitutional democracy, the Helen Suzman Foundation is embarking on a project to research and publish a series of Briefs.
What’s Yours is Mine – How the Ingonyama Trust Failed to Take Customary Property Rights Seriously
This brief unpacks a judgement against the Ingonyama Trust handed down by the Pietermaritzburg High Court and suggests that it contains useful lessons for land reform across the board.
Amending Section 25 of the Constitution to include expropriation without compensation - the latest developments, and reflections of a more general nature on the implementation of Government policies
This brief looks at the latest developments in the process to amend Section 25 of the Constitution, specifically regarding expropriation without compensation. Against the background of land reform requirements, it then goes on to reflect on the implications of insufficient institutional capacity within Government to implement large complex projects.
Who Supports The Draft Amendment To Section 25 Of The Constitution?
In this brief, Charles Simkins tracks developments made in the Sixth Parliament to the proposed amendment of section 25 of the Constitution and outlines emerging difficulties in the process.
Land reform - The developmental state on the job
In this brief, Charles Simkins tracks the land reform process both at the executive and legislative phases and offers insights into the challenges ahead.
Land Expropriation and South Africa’s Financial Institutions
This brief considers the potential effects of land expropriation without compensation on the financial institutions of South Africa.
Improved Distribution And Utilization Of Land In Rural Areas - Our Approach
This brief pulls together and summarizes the principles in our approach to the improved distribution and utilization of rural land.
Section 25 Of The Constitution - What Happens Next?
The purpose of this brief is to set out the framework within which developments in relation to the potential amendment of Section 25 of the Constitution will unfold, in relation to expropriation without compensation.
Human Settlements and Urban Land Reform
This brief summarizes the findings of a recently completed HSF study on human settlements in urban areas.
Parliamentary Submission: Section 25 (Property Rights)
As part of its public participation process, the Joint Constitutional Review Committee of Parliament called for submissions on the review of Section 25 of the Constitution (the Property Clause), following a motion passed by the National Assembly on 27 February 2018, relating to expropriation without compensation.
The Spatial Planning and Land Use Management Act II – Case study: The Johannesburg Spatial Development Framework
The first brief considered the framework established by the Act and implementation challenges. This brief describes a case study of a spatial development framework in a metropolitan municipality.
The Spatial Planning and Land Use Management Act I - The Framework and Implementation
This brief is the first of two, and it discusses the framework established by the Act as well as implementation. The second will consider the Johannesburg Spatial Development Framework as a case study.
Much has been made about recent comments by the President on land reform, especially on the question of expropriation without compensation. We look at what this means in practice, within the context of land reform in general.
The final Brief in the series focuses on the interactions between the Department of Agriculture, Forestry and Fisheries and the Department of Rural Development and Land Reform.
The third brief in the series deals with the State capacity requirements in the proposed framework.
The second Brief in this series sets out the massive information requirements of the proposed system.
The first brief, in this series, sets out the definitions of agricultural land and outlines the regulatory framework contained in the Preservation and Development of Agricultural Land Framework Bill.
Section 25 (7) of the Constitution established the right of individuals and communities who were deprived of property after 19 June 1913, as a result of past racial laws, to either restitution of their property or equitable redress. It is now being debated whether the cutoff date is appropriate or whether it was a compromise made in 1994 which should now be rescinded if sufficient support can be found in Parliament. At present, the ANC would need the co-operation of other parties to muster two thirds of the votes necessary for a constitutional amendment. The EFF has already promised to make its supporters available for such a move.
Historically, redistribution of assets has taken a number of forms. It may take place at the end of a war or as an outcome of a revolution. It may be the result of special action of greater or lesser legality under an authoritarian government. South Africa is developing an approach which differs from all the above. It has the following characteristics:
This brief presents some of the main points raised in the HSF roundtable ‘Title and Entitlement: The Land Question in South Africa’
Economic growth is a prerequisite for black empowerment - why is Government getting it so wrong in the mining sector?
This brief highlights the wider economic implications of Government’s action in attempting to implement empowerment rules without the relevant industry’s agreement, with particular reference to the mining industry.
Debt - the millstone around Eskom’s neck
This brief analyses the magnitude of the problem posed by Eskom’s massive debt, coupled with the lack of information on what is being done about it.
Eskom’s latest tariff application - Our Submission to the National Energy Regulator
This brief contains a summary of the Helen Suzman Foundation’s submission to the National Energy Regulator on Eskom’s latest tariff application. It describes the extremely serious financial situation in which Eskom finds itself and the strategic issues that need to be addressed.
Publication of the new Mining Charter
This brief contains our reaction to the contents of the new Mining Charter, which was published on 27 September 2018.
Submission on the Draft Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018
This brief summarises the HSF’s submission to the Department of Mineral Resources, in response to the Draft Mining Charter which was published in June 2018 for public comment.
Eskom’s 2018 Financial Results
This brief provides a commentary on the main features of Eskom’s 2018 annual financial statements, released on 23 July 2018.
How should the National Energy Regulator respond to Eskom’s application for a retrospective reimbursement of R66.7bn for the period 2014 to 2017?
The HSF participated in public hearings on 11 May 2018, organised by the National Energy Regulator to receive comments on Eskom’s retrospective refund claim of R66.7bn. This brief analyses the substance of this claim and highlights the refusal by Eskom to confront the reality of a changed energy landscape.
Mining Charter Third Version: What are the legal issues?
Following the publication of the third version of the Mining Charter, the Chamber of Mines filed an urgent application in the North Gauteng High Court to interdict the application of the Charter pending its review by a court. The application will be heard on 14 and 15 September 2017.
This brief by Anton van Dalsen and Charles Collocott looks at the magnitude of Eskom’s financial problems, against the background of its 2016/17 annual report which was released last week.
This brief by Anton van Dalsen and Charles Collocott shows the nature of the serious financial difficulties facing Eskom, which have not received the necessary public attention.
This brief follows other recent pieces which we have published on the issue of nuclear power in South Africa (see our briefs dated 18 November 2016 and 15 December 2016). It provides an update to the debate surrounding Government plans for new nuclear power, highlighting two issues that continue to crop up in the public debate and which can be confusing without the necessary background. It also provides the essential facts relating to the court application by Earthlife Africa and the Southern African Faith Communities’ Environment Institute, set down for hearing in the High Court on 22 February 2017.
We recently published a set of three briefs on the South African Government’s policy on nuclear power. The Department of Energy has now published a draft new Integrated Resource Plan, whose purpose is to provide the basis for long-term planning in the provision of electricity. This brief aims to provide a succinct summary of the latest developments and, more specifically, to draw attention to the most important issues that have arisen in this process.
Since press reports first surfaced in May 2016 about the sale of 10 million barrels of crude oil by the Strategic Fuel Fund NPC (SFF) from its strategic reserves, the SFF has received continuous media attention not only on account of that sale but also as a result of its other activities. This brief provides a summary of the current status of the issues that have arisen at the SFF, a state-owned enterprise, within the wider context of governance at state-owned entities.
The first brief in this series reported the current status of the new nuclear project. The second brief dealt with the nuclear project in the context of energy policy. This brief will deal with construction and financing issues and draw conclusions from the brief series.
The first brief in this series discussed the current status of the new nuclear power project. This brief situates the projects within a wider energy policy framework. The third, and final, brief will deal with cost and financing issues.
This is the first of three briefs on nuclear power. It considers the current status of the new nuclear power project. The second discusses the policy framework for energy and the role of nuclear power within it. The third brief will deal with technical and financial issues and will come to conclusions.
This Brief deals with an overview of how issues of mineral and land rights and community governance undermine individuals and communities in interactions with mining companies. The argument is that future suffering can be prevented by keeping the basic principle that mining must benefit South Africans while changing the structure and, most importantly, the application of some of the law. Two follow-up briefs will delve more deeply into each issue.
This Brief done by HSF's Sarika Doodnath deals with the Silicosis and Tuberculosis cased which are currently being debated over in Court.
The first Brief set out the context of electricity in South Africa. This one elucidates on the progress that has been made into the construction of Medupi in Lephalale, which is located towards the west of the Limpopo Province.
This Brief considers the challenges confronting Eskom and the implications on the production and distribution of electricity.
The Public Protector, The Committee And The Courts – What To Do With The Judicial Findings?
This brief explores the constitutional role of the Section 194 Committee tasked with establishing whether Public Protector Adv Busisiwe Mkhwebane has committed misconduct or is incompetent to hold office. It argues that in the course of carrying out its work, the Committee has no power to second guess judicial findings.
The Public Protector Impeachment Process: How The Enquiry Resumes
This brief examines the judgement of the Constitutional Court on the constitutionality of the rules adopted by the National Assembly for the removal of heads and commissioners of Chapter 9 institutions, the effect thereof on the current impeachment process of the Public Protector and it indicates what may be expected going forward.
Who decides on Vaccine Mandates?
This brief reviews the decision of the Supreme Court of the United States of America in National Federation of Independent Business et al v Department of Labour, OSHA and argues that it is able to usefully inform debates about vaccine / testing mandates in South Africa.
Redefining Politics And How We Think About It
This brief discusses politics of old and new and attempts to draw attention to the relationship between the government and the people. This brief is derived from discussions held, and ideas shared, at a conference hosted by the Goedgedacht Forum titled “COVID-19 Kindness: How Should We Do Politics Differently in South Africa?”
Gangster State
When public life is structured by Family Meetings and threats of systematic economic and social exclusion, Matthew Kruger argues, we live in a gangster state.
The Local Elections Government 2021: The Lighter (Or Larger) Side
This brief discusses the 2021 Local Government Elections.
The prospects of legal challenges to the 2021 local government elections
This brief considers the prospects of a successful legal challenge to the 2021 local government elections. It does so by drawing insights from the Constitutional Court’s recent judgment dismissing an application for the postponement of the elections.
The Forthcoming Municipal Elections - Against The Background Of Local Government Disorder
The current state of local government in South Africa is in a dire state and communities and local businesses are bearing the brunt of failing service delivery and accountability. These individuals have tried different avenues to enforce the constitutional obligations of their municipalities with little to no success encountered at each turn. With the municipal elections now before us, this brief concludes that voting is the best tool that South Africans have in holding their administrations to account.
Beyond CR17 - Problems With The Executive Members’ Ethics Act And The Executive Ethics Code
This is the last in a three-brief series. The first brief dealt with the relationship between donations towards campaigns within political parties and the Executive Ethics Code. The second brief discussed the reasons for disclosure of these donations. This brief considers problems with the Executive Members’ Ethics Act and the Executive Ethics Code.
What CR17 Teaches Us - The Need To Know Who Donates To Politicians’ Internal Party Campaigns
This is the second in a three-brief series. The first brief dealt with the relationship between donations towards campaigns within political parties and the Executive Ethics Code. This brief will discuss the reasons for disclosure of these donations. The third will consider problems with the Executive Members’ Ethics Act and the Executive Ethics Code.
Laying The Groundwork - CR17 And The Challenge To The Executive Ethics Code
This is the first in a three-brief series and it deals with the relationship between donations towards campaigns within political parties and the Executive Ethics Code. The second brief will discuss the reasons the disclosure of these donations is essential and the third will consider problems with the Executive Members’ Ethics Act and the Executive Ethics Code.
Legislatures in Lockdown
This brief argues in support of proposed amendments to the Disaster Management Act, which hold the potential to bring states of disaster under legislative supervision.
Unveiling The Power Behind The Throne: Who Are The Special Advisers?
This brief considers the need to know the identities of persons advising members of the Executive, and highlights the difficulty the Helen Suzman Foundation experienced when we attempted to acquire this information.
What’s Yours is Mine – How the Ingonyama Trust Failed to Take Customary Property Rights Seriously
This brief unpacks a judgement against the Ingonyama Trust handed down by the Pietermaritzburg High Court and suggests that it contains useful lessons for land reform across the board.
To postpone, or not to postpone? That is the question.
This brief will consider the pertinent question: What are the issues that the Constitutional Court will have to decide at the hearing of the Electoral Commission of South Africa v Minister of Cooperative Governance and Traditional Affairs and Others?
Amending Section 25 of the Constitution to include expropriation without compensation - the latest developments, and reflections of a more general nature on the implementation of Government policies
This brief looks at the latest developments in the process to amend Section 25 of the Constitution, specifically regarding expropriation without compensation. Against the background of land reform requirements, it then goes on to reflect on the implications of insufficient institutional capacity within Government to implement large complex projects.
Ace Magashule v the ANC or How not to use the Courts to Settle Political Scores
This brief considers the principles at play in the legal battle between ANC Secretary-General, Ace Magashule, and his party. In his court application, Magashule attempts to overturn his suspension and in turn suspend ANC President, Cyril Ramaphosa.
Conflict between Minister and National Commissioner raises concerns about Minister’s role in appointments process
This brief examines the role played by the Minister of Police in senior appointments in the police service and asks whether this role is constitutionally appropriate.
Department seeks to amend the legislation governing the public service, but squanders the opportunity for meaningful reform
This brief examines the Department of Public Service and Administration's proposed amendments to the legislative scheme governing the public service. It is argued that the amendment bills fall short of what is required to professionalise the public service and end corruption.
Understanding Cronyism
This brief examines cronyism as a subtype of corruption, and argues, using the executive ethics code as an example, that frameworks do not adequately safeguard against cronyism.
The Expropriation Bill - Why is everyone focusing on expropriation without compensation and not on the major land reform issues?
This brief examines the many problematic aspects on the subject of land reform in South Africa and points out that the proposed amendment to the Constitution and the Expropriation Bill are not the major issues of concern.
The Silence of the Constitutionalists
In this brief, Matthew Kruger reflects on the suspension of democratic power and subordination of transformative goals during the last year of lockdown. After touching on the failures of our major political parties, Parliament and the media to comprehend or resist this reality, he turns his attention to civil society. In the face of this 365-day deferral of the Constitution, why have so many of our NGOs and lawyers kept silent?
Whom The Gods Would Destroy They First Make Mad
How to achieve redistribution with growth in a period of economic decline is difficult and the beginning of wisdom is to avoid actions which make things worse rather than better. The purpose of this brief is to identify some of them.
Service Delivery in South Africa at a Glance
Against the backdrop of recent discussions on service delivery in the Kgetlengrivier Local Municipality this brief will examine current reactions to service delivery failures and possible actions that aggrieved residents may take.
Who Are The Hungry Children? And How Far Can Increases In Social Grants Help Them? Evidence From The 2019 General Household Survey.
Hunger, and particularly child hunger, have been discussed recently as a justification for extending the social grant system. This brief probes the relationship between child hunger and social grants using data from the 2019 General Household Survey (GHS).
Alternative Proposals For Electing Constituency Representatives In A Mixed System
This brief considers three proposals on the table for a mixed member proportional (MMP) electoral system for consideration by the National Assembly’s Home Affairs Portfolio Committee, and makes the point that advocacy of an MMP system does not, in itself, settle all the details which will needed to be considered in the process of electoral reform.
The Public Sector Wage Dispute: Understanding the judgment of the Labour Appeal Court
This brief considers and evaluates the reasoning of the Labour Appeal Court in the public sector wage dispute and considers the implications of its judgment, in light of the approach adopted by Treasury in the 2021 Budget.
The World Inequality Lab's A Wealth Tax For South Africa - A Critique II - The Proposal
The first Brief considered the estimation of the distribution of wealth in South Africa as set out in a companion paper to the wealth tax proposal from the World Inequality Lab. This Brief considers the proposal itself.
The World Inequality Lab's A Wealth Tax For South Africa - A Critique I - The Distribution Of Wealth
This Brief updates the HSF's 2018 series on wealth taxes by considering the World Inequality Lab’s A wealth tax for South Africa published in 2021.
Third Quarter Production And Employment Statistics - Some Puzzles
This is the final Brief in the series with all the statistical information about production and employment in the third quarter having now been published. This Brief focuses on puzzles which arise when all the sources are considered together.
The Era of Pandemics: Tomorrow's Forever Wars
We are now more than 250 days into our 21-day lockdown, with Ramaphosa and his Command Council claiming for themselves the power to legislate every aspect of our lives until the invisible enemy is beaten, or maybe even longer, as their rhetoric about the new normal suggests. In asserting this power in their war on the virus, they resemble another executive in a different, still-ongoing war against an equally invisible enemy: the US war on terror.
Human Settlements In The Metros
This Brief discusses the Department of Human Settlements’ proposed re-orientation of its policies.
The July To September Quarterly Labour Force Survey
Production in the South African economy has bounced back quite sharply since July. This Brief explores what the Quarterly Labour Force Survey tells us about employment and unemployment in the third quarter.
September Production, Rates Of Profit And Loanable Funds
This Brief updates our understanding of the economy and how it has bounced back. It also considers trends in profitability since the beginning 2014, and finally discusses financial flows within the economy.
Pharmaceuticals and South Africa III - The Courts
In the first brief we considered the findings in the HSF’s enquiry into the structures regarding the pricing and distribution of pharmaceuticals in South Africa. The Second brief summarised the manufacturing environment of pharmaceuticals in South Africa. We conclude the series by looking at various findings against the backdrop of a Western Cape High Court judgement.
Pharmaceuticals and South Africa II – Supply
In the first Brief we considered the findings in the HSF’s enquiry into the structures regarding the pricing and distribution of pharmaceuticals in South Africa. This Brief will summarise the manufacturing of pharmaceuticals in South Africa. The series will conclude by considering the various findings against the backdrop of a Western Cape High Court judgement dealing with some of the issues.
Pharmaceuticals and South Africa I - Distribution
In the first Brief we consider the findings in the HSF’s enquiry into the structures regarding the pricing and distribution of pharmaceuticals in South Africa. The Second Brief will summarise the manufacturing of pharmaceuticals in South Africa. The series concludes by considering the various findings against the backdrop of a Western Cape High Court judgement dealing with some of the issues.
The African Continental Free Trade Area has been established. What now?
This brief examines the recent establishment of the African Continental Free Trade Area and its importance within the context of intra-African trade.
The Political Economy Of The Economic Reconstruction And Recovery Plan
The government’s economic policy cards are on the table. Government policy attempts to achieve two goals simultaneously: to ward off an impending fiscal crisis and to improve investment to the point where it can underpin a respectable rate of economic growth. Both need urgent attention. The political economy question is this: can a coalition of interests be maintained to sustain the policy for several years?
Financing Government Debt
The Medium Term Budget Policy Statement, tabled in Parliament on 28 October 2020, projects that the government will need to issue above 50% more short-term and long-term domestic debt in 2020/21 than in 2019/20. In this Brief Charles Simkins considers if the targets can be met and what the macroeconomic implications of doing so would be.
How Coherent Are The 2020 Production And Labour Market Data? II - The Main Issues
This brief compares production and labour market estimates from different sources. Some of the work has already been done in previous briefs and this will be referred to, with a brief summary of findings. In order not to clutter the exposition of new comparisons, supporting tables are placed in the annexure to the brief.
How Coherent Are The 2020 Production And Labour Market Data? I - The Basis For Assessment
The preceding briefs in this series have drawn on a number of sources to assess the evolution of the economy during 2020. These data sources have been compiled for different purposes and to a great extent independently of one another. Yet they overlap and their findings can be compared. The questions arise: How coherent are the data from these sources? What judgements can be made after all the sources have been considered? What uncertainties and puzzles remain?
Social Grants and Unemployment Insurance During The Lockdown
After reviewing the special government cash transfers to households in order to help them through the lockdown, this brief summarizes available information on disbursement of these grants.
August Production Estimates And April To June Quarterly Employment Statistics
Given the uncertainties about the evolution of the coronavirus epidemic and the response of the economy to it and to the measures taken to combat it, it is important to us to keep track of economic data as it emerges.
The National Income Dynamics Study’s Coronavirus Rapid Mobile Survey - The Labour Market In The First And Second Quarters Of 2020
Hard on the heels of the release of the second quarter 2020 (“Q2”) Quarterly Labour Force Survey (“QLFS”) has come the release of the second wave data from the National Income Dynamics Study’s (“NIDS”) Coronavirus Rapid Mobile Survey (“CRAM”).
Electoral Reform: Do independent candidates strengthen the institution of parliament?
The Helen Suzman Foundation is producing a series of briefs on electoral reform in South Africa. This brief, the seventh in our series, considers the role of independent candidates in parliament.
Electoral Reform: Representation in the South African context
The Helen Suzman Foundation is producing a series of briefs on electoral reform in South Africa. This brief, the sixth in our series, will explore the concept of representation within the South African context.
Electoral Reform: Representation - a conceptual analysis
The Helen Suzman Foundation is producing a series of briefs on electoral reform in South Africa. This brief, the fifth in our series, will provide a conceptual analysis of representation.
Electoral Reform And The Political System: The Helen Suzman’s Points Of Departure
The first three briefs in this series establish three main points. The first is that the New Nation case requires electoral reform, the second is that electoral reform may not infringe the constitution, and the third is there are political systemic choices to be made by Parliament about the electoral system within constitutional constraints. This brief sets out the Helen Suzman Foundation’s points of departure at the level of the political system.
Electoral Reform: Are The Electoral Task Team’s “Core Values” Still Relevant?
The Helen Suzman Foundation is producing a series of briefs on electoral reform in South Africa. Following the landmark decision of the Constitutional Court to allow independent candidates to contest national and provincial elections, this series will examine the road ahead at the policy, legislative, and institutional level. This brief, the third in our series, will reconsider the core values for an electoral system identified by the Electoral Task Team in 2003.
The April To June Quarterly Labour Force Survey: A Cautionary Note
The April to June Quarterly Labour Force Survey has appeared. While the HSF commends Stats SA for finally producing it (there were two delays in publication). The HSF cautions that this survey is less reliable than its predecessors for reasons which Charles Simkins elucidates.
Electoral Reform: Constitutional Constraints On The Design Of Our Electoral System
The Helen Suzman Foundation is producing a series of briefs on electoral reform in South Africa. Following the landmark decision of the Constitutional Court to allow independent candidates to contest national and provincial elections, this series will examine the road ahead from the policy, legislative and institutional perspectives. This brief, the second in our series, will explore the constitutional constraints on our electoral system.
Electoral Reform: Understanding the New Nation Movement case
The Helen Suzman Foundation will be producing a series of briefs on electoral reform in South Africa. Following the landmark decision of the Constitutional Court to allow independent candidates to contest national and provincial elections,this series will examine the road ahead from the policy, legislative and institutional perspectives. This brief, the first in our series, will explore the reasoning of the Court and consider the implications of the judgment.
July Production Statistics: An Indication Of A V-Shaped Recovery?
Statistics South Africa publishes monthly production statistics for mining, manufacturing, electricity distributed, the five components of trade, catering and accommodation and two components of trade, storage and communication. The July 2020 estimates have now been published. Gross domestic product statistics have been published for the first two quarters of 2020. What do these estimates reveal about economic recovery since the Level 5 lock down?
The Implications Of The Second Quarter 2020 Gross Domestic Product Data
Dr Simkins highlights that the StatsSA announcement on 8 September of a 51% fall in GDP is misleading in the light of a sharp, temporary shock to the economy as a result of the COVID-19 epidemic. The Brief discusses information from the GDP data about the distribution of the burden of the shock. Further analysis of the distribution will become possible when the Quarterly Employment Statistics and the Quarterly Labour Force Survey are published in late October.
A Constitutional Challenge To The Supplementary Budget II: What Are The Prospects Of Success Of A Socio-Economic Rights Challenge?
This brief examines the prospects of success of a constitutional challenge to the Supplementary Budget based on the State’s failure to allocate more resources to be used for the fulfilment of socio-economic rights.
A Constitutional Challenge To The Supplementary Budget I: A Direct Challenge Within The Context Of The Separation Of Powers
An article in Daily Maverick has proposed a direct constitutional challenge to the Supplementary Budget. This brief examines whether a court will entertain a direct challenge to the Supplementary Budget.
Austerity And A Permanent Income Shock
This brief distinguishes between a policy of austerity and the fact of a permanent decline in per capita income, arguing that South Africa should adapt to a drop of real per capita income of 7 to 10% since 2014. It considers the trajectory of monetary and fiscal policy in this light.
Has The Supplementary Budget Betrayed The Promise Of A R 500 Billion Stimulus Package?
An Article In Daily Maverick Has Charged That The Supplementary Budget Has Torn The Guts Out Of The Covid-19 Package Announced In April. This Brief Examines The Validity Of That Claim.
The Adjustment Budget And Beyond
Charles Simkins reviews the Supplementary Budget. A brutal affair. The Zuma legacy and misfortune have made it so.
State of Brutality - a constitutional crisis II: Law enforcement and the social contract
This brief, the second in the series, considers the social contract underpinning society. The brief concludes by considering the government's view with regard to its citizens' lives against past practices.
State of Brutality - a constitutional crisis I: A Good Friday murder
This brief, the first in the series, considers the circumstances leading to the death of Mr Khosa on Good Friday. The brief concludes with an overview of the reactions by government in the wake of the murder as well as the subsequent litigation.
The Constitutional Court And The Electoral Act
The Constitutional Court ruling of 11 June 2020, declared the Electoral Act as unconstitutional to the extent that it requires that adult citizens may be elected to the national assembly only through their membership of political parties. This means that the Electoral Act will need to be amended and the Court has given Parliament 24 months to do so. This brief considers two possibilities as to how the Act can be amended.
Decision Making In A Time Of Uncertainty
The brief considers the present state of uncertainty and how decision making is to be viewed and implemented. Charles Simkins introduces risk and uncertainty and then considers political emergencies, dictatorship and what to do with debt. The brief concludes with remarks regarding coping in the present uncertainty.
Crime And Punishment In Contemporary South Africa V - Concluding Remarks
This is the fifth brief in a series of five. The first brief set the scene for an analysis of quantitative information of the criminal justice process. The next three briefs set out the analysis. This brief offers some concluding remarks.
Crime And Punishment In Contemporary South Africa IV - Estimating The Performance Of The System
This is the fourth brief in a series of five. The first brief set the scene for an analysis of quantitative information of the criminal justice process. This brief is the third of three setting out the analysis. The fifth brief offers some concluding remarks.
Crime And Punishment In Contemporary South Africa III - From Crime Reporting To Cases Finalised
This is the third brief in a series of five. The first brief set the scene for an analysis of quantitative information of the criminal justice process. This brief is the second of three setting out the analysis. The fifth brief offers some concluding remarks.
Crime And Punishment In Contemporary South Africa II - From Crime To Crime Reporting
This is the second brief in a series of five. The first brief set the scene for an analysis of quantitative information of the criminal justice process. This brief is the first of three setting out the analysis. The fifth brief offers some concluding remarks.
Crime And Punishment In Contemporary South Africa I - The System And The Data
This is the first brief in a series of five. It sets the scene for an analysis of quantitative information of the criminal justice process, presented in the second, third and fourth briefs. The fifth brief offers some concluding remarks.
Lives and Livelihoods
In this brief, Matthew Kruger writes about the detrimental impact, on freedom and politics, of any law or policy that overemphasises risk and safety.
The London School Of Hygiene And Tropical Medicine And Its Projection Of The African COVID- 19 Epidemic - Model Structure And The Projection For South Africa
This brief will outline the structure and assumptions of the London School of Hygiene and Tropical Medicine's projection model and the following brief will set out its projections for South Africa of 5 May 2020.
The Lockdown Is Unconstitutional - Part III
The series concludes by arguing that the purpose for and process by which the powers under the Disaster Act have been exercised are unlawful and irrational, for they are structured by a near-total, comprehensive failure by government to understand what the Constitution is all about.
The Lockdown Is Unconstitutional - Part II
The Disaster Management Act is the legislation through which the Minister has effected the current lockdown. In this brief, the purpose and limits of the powers afforded to the executive by the Disaster Act are considered, and it is explained that despite their exceptional nature, these powers must be interpreted and exercised consistently with the transformative vision articulated in the first brief.
The Lockdown Is Unconstitutional - Part I
Matthew Kruger argues that the purpose and process by which Minister Nkosazana Dlamini Zuma has locked South Africa down is unconstitutional. In this first brief, it is explained that the state, in all that it does, has a constitutional duty to respect, protect, promote and fulfill the transformative vision that suffuses the whole constitutional order.
Economic Prospects: Some Observations
This brief offers four observations on the prospects for the South African economy.
The regulations adopted for Level 4 of the national state of disaster and their implications
This brief deals with the nature of the Level 4 regulations and their economic, legal and political implications
The Presidential Address To The Nation: 21 April 2020
This brief sets out the key features and implications of the President’s address on 21 April 2020.
Mental Health II - National Health Insurance
Part 2 will consider the content of the National Health Insurance Bill as well as possible implications that it may have on the state of mental health care.
Mental Health I - Legal and policy framework
Part 1 explores the present legal instruments designed to ensure that all those who require it will have access to mental health care. The brief further considers the political will of creating suitable access for those most in need.
Medical aid schemes, medical insurance and the low-cost benefit option II – Where we need to go
Part 2 in this series will look at the work done on the reform of prescribed minimum benefits and its implications for National Health Insurance.
Medical aid schemes, medical insurance and the low-cost benefit option I – Current status
Part 1 in this series explores the manner in which the Council for Medical Schemes has dealt with Low-Cost Benefit Options especially in light of the pending National Health Insurance.
A Request For More Detailed Information About The Spread Of The Coronavirus Epidemic
In this brief, Charles Simkins, argues for the release of more detailed information about the coronavirus epidemic.
When Will Parliament Become Fully Operational Again?
In this brief, Charles Simkins highlights some important parliamentary events and questions when the institution will be operational again.
The lockdown ends at midnight on 16 April 2020. What happens next?
This brief reviews the current situation in South Africa resulting from the Covid-19 pandemic and analyses Government’s alternatives when the lockdown period ends.
The Importance Of Criticism
In this fourth brief in our coronavirus series, Research Fellow Matthew Kruger explores the importance of criticism during this time of crisis.
The Coronavirus And The Economy
In this brief, Charles Simkins suggests principles to guide thinking about the relationship between the epidemic and the economy.
Legality In A State Of Disaster
This brief is a companion to our recently published brief entitled ‘A guide to the duties imposed on South Africans during the lockdown’. That brief should be regarded as our Coronavirus Brief 1.
A Guide To The Duties Imposed On South Africans During The Lockdown
In this brief, Charles Simkins, offers an explainer to the Amended COVID-19 Lockdown Regulations which come into effect on 26 March 2020.
Update on the Impending Border Management Authority
After being amended at the National Council of Provinces, the Border Management Authority (BMA) Bill is one step closer to enactment. But the BMA exacerbates the problem it seeks to address: In its attempt to resolve the fragmentation of South Africa’s border management, it creates another costly level of government bureaucracy under the ailing Department of Home Affairs.
Financing water services infrastructure through private sector partnerships
This brief explores the use of public-private partnerships in the water services sector in South Africa and the lessons to be learnt.
Spotlight On Accountability III: Accountability Categorised
This brief is part of a series that takes ‘accountability’ to its roots by explaining fundamental aspects of the concept, and provides a guide on how to assess accountability mechanisms for effectiveness.
Spotlight On Accountability II: Accountability Mechanisms
This brief is part of a series that takes ‘accountability’ to its roots by explaining fundamental aspects of the concept, and provides a guide on how to assess accountability mechanisms for effectiveness”
Spotlight On Accountability I: The Meaning Of Accountability
This brief is part of a series that takes ‘accountability’ to its roots by explaining fundamental aspects of the concept, and provides a guide on how to assess accountability mechanisms for effectiveness.
Developing water sensitive cities III: A case study of two South African metros
The final brief in a three-part series exploring urban water sensitivity in South Africa is a case study which examines the approach taken by Cape Town and Johannesburg in response to increased water stress.
Developing water sensitive cities II: Is there support in South Africa’s regulatory framework?
This brief, second brief in a three-part series exploring urban water sensitivity in South Africa, assesses the regulatory framework to determine the extent to which it gives effect to the concept of water sensitive cities.
Developing water sensitive cities I: Rethinking how we manage urban water
Given the current pressure on water sources, South African cities must rethink their approach to urban water management. The concept of water sensitive cities as an means of improving local water security will be explored in a three-part brief series. This brief, the first in the series, provides an overview of water sensitive settlements and its application in South Africa
Do we need a Water Use Bill?
In light of a recent announcement to develop legislation dedicated to transforming the water use sector, this brief examines the current legislative and policy provisions intended to drive water use reform. It highlights the slow pace at which transformation has taken place, underscored by a lack of political will, socio-political factors and, ultimately, an inconsistency between the law and its implementation.
Strengthening institutional capacity in water resources management to enhance performance
Given its current financial and operational challenges, the Department of Human Settlements, Water and Sanitation is struggling to fulfil its obligations. The legislative framework allows the Department to establish regional institutions to assist it in managing water resources. These institutions are underdeveloped, under capacitated and underutilised.
Migration V: Policy recommendations for the South African migration regime
This final brief offers a set of problem statements and policy recommendations for the Department of Home Affairs and the South African Government.
Migration IV: The state of South Africa’s borders
South Africa’s borders require serious attention to counter irregular migration, illicit trade and incumbered movement. The Department of Home Affairs’ intended solutions are deficient.
Migration II: The South African migration policy landscape
South African migration has been dictated by an increasingly restrictive policy trajectory that positions migrants as criminal and undeserving.
Independent Oversight Of The Executive: United States And South Africa Compared
In this special brief, visiting researcher Emanuel Waddell compares the American and South African approach to independent oversight, and discusses whether there are any lessons that either country might learn from the other.
The Parliamentary Support Structure
Parliament has an entire support structure comprising of two supporting offices, two branches and an administration. The employees of the support structure are the workhorses of Parliament. A report of the Joint Standing Committee on the Financial Management of Parliament for the 2017/18 financial year revealed strained labour relations in the parliamentary support structure which have manifested themselves in increased litigation by Parliament against its employees. Add to that the protest suicide of a senior parliamentary manager, and the report’s finding that the work environment and conditions were unpleasant, and it becomes clear that all is not well in the parliamentary support structure.
Deepening Democracy Brief: Parliamentary Accountability
This brief discusses Parliament’s oversight duty (over, among others, organs of state) and Parliament’s accountability mechanism – the electorate. It briefly discusses the need for electoral reform in order to achieve better accountability for MPs.
Municipalities III: Assessing provincial intervention in local government. Are provinces doing too little or too much?
This brief series explores three institutional arrangements that influence municipal functioning. Part I evaluates executive authority in municipalities; Part II assesses mechanisms of municipal oversight; and Part III examines the legal framework for provincial intervention in local government.
Municipalities II: Assessing mechanisms of municipal oversight
This brief series explores three institutional arrangements that influence municipal functioning. Part I evaluates executive authority in municipalities; Part II assesses mechanisms of municipal oversight; and Part III examines the legal framework for provincial intervention in local government.
Municipalities I: Evaluating executive authority in municipalities
This brief series explores three institutional arrangements that influence municipal functioning. Part I evaluates executive authority in municipalities; Part II assesses mechanisms of municipal oversight; and Part III examines the legal framework for provincial intervention in local government.
Domestic strategies to address the impact of climate change on water resources
This brief explores the strategies adopted in South Africa to address climate-related impacts on water resources.
Left and Right in South African Politics To-Day II - The Right
In these two briefs, Charles Simkins traces the evolution of the South African Left and Right and considers their respective futures.
Left and Right in South African Politics To-Day I - The Left
In these two briefs, Charles Simkins traces the evolution of the South African Left and Right and considers their respective futures.
Deepening Democracy: Petitions - What are they and how do they work?
The Sixth Parliament officially sits on 22 May 2019, and sets in motion renewed opportunities to engage our public representatives and hold them accountable to their Constitutional mandate. The HSF will consider these questions through a series of briefs exploring how to deepen our democracy. This brief explains what petitions are, and how to use them.
The 2019 Election
The Helen Suzman Foundation is a non-partisan organization seeking to promote constitutional democracy. This means that we shall not comment on party political policies or election activities.
The Election Timetable
The Electoral Commission published the election timetable on 28 February. This brief sets out its main features and makes some suggestions.
Democracy And Popular Political Norms In South Africa II - How Coherent Are Popular Political Norms?
The first brief in this series considered the extent to which popular political norms coincide with constitutional norms. This brief will discuss the coherence of popular norms, and considers whether these popular political perceptions fit into distinct categories.
Democracy And Popular Political Norms In South Africa I - To What Degree Do Popular Political Perceptions Correlate With Basic Constitutional Norms?
This brief is the first in a series of two. It considers survey evidence of popular South African political perceptions, analysing the degree to which they conform to or differ from basic constitutional norms. The second brief will discuss whether these popular political perceptions fit into distinct categories.
Understanding water issues and challenges IV: Water infrastructure assessment
The condition of water resource and supply infrastructure influences government’s ability to perform the functions prescribed by the National Water Act and the Water Services Act. This brief discusses the expert assessment of water infrastructure in South Africa and highlights key challenges to effectively managing it.
Understanding water issues and challenges III: Water boards and bulk water services
Water boards are instrumental in providing bulk water services across the country. But failing governance, financial mismanagement and unpaid debt are severely hindering their ability to perform their functions effectively. These challenges, and the influence of municipal and departmental governance on the functioning of water boards, are discussed in this brief.
Understanding water issues and challenges II: Municipalities and the delivery of water services
Municipalities, defined as water services authorities, are required to provide basic water and sanitation services, but systemic issues are impacting their ability to deliver these services. This brief identifies the foremost challenges hindering municipal water functions.
Understanding water issues and challenges I: Department of Water and Sanitation
The Department of Water and Sanitation is tasked with managing South Africa’s water resources. But it faces considerable obstacles in performing its functions. This brief outlines some of its most formidable challenges.
The state of sanitation and wastewater treatment services in South Africa
Effective sanitation services contribute significantly to reducing health risks and protecting the environment. But accessing safe and dignified sanitation facilities has been a long-standing problem for many South Africans. This brief positions the duty to provide sanitation and wastewater treatment services in the context of water services generally, and evaluates the current condition of these services.
The institutional structure for delivering water services
The Constitution affords everyone the right to access sufficient water. One way in which the Water Services Act gives effect to this right is by establishing the institutional framework necessary to ensure water services are delivered. This brief sets out the institutional structure established by the Act, and provides an overview of the roles and responsibilities designated to each institution.
The institutional structure of water resource management
In an effort to effectively manage South Africa’s water resources, the National Water Act makes provision for establishing water institutions that aim to promote equitable and sustainable use of water. This brief sets out the institutional structure to manage South Africa’s water resources, and provides an overview of the roles and responsibilities assigned to each institution.
Should The National Development Plan Be Revised?
National Development Plans are revised periodically, often at five year intervals. Although our 'National Development Plan 2030' (NDP) was launched in 2012, it has not been revised. This brief shows that the illusion that the goals of the NDP are achievable cannot be sustained for a minute. A rethink is due.
Water Governance II: A broad outline of South Africa’s international obligations
This is the second of two briefs outlining water governance in South Africa. The first brief focused on the legislative framework domestically and the second sets out South Africa’s international and transboundary obligations.
Water Governance I: A broad outline of the legislative framework in South Africa
This is the first of two briefs outlining water governance in South Africa. The first brief focuses on the legislative framework and the second sets out South Africa’s international and transboundary obligations.
China’s Loans to South Africa - Brief V
This is the final brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at why the BRICS Bank was not used, on what basis government is able to refuse disclosing further information on the loans, and finishes with a conclusion for the series.
China’s Loans to South Africa - Brief IV
This is the fourth brief in a series of five that takes a look at South Africa’s recent loans from China; it is a summary of the lessons learned from the experiences of the six countries analysed, which have also taken on Chinese debt.
China’s Loans to South Africa - Brief III
This is the third brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at the experiences other countries have had with Chinese debt, namely Zambia, Kenya and Ethiopia.
China’s Loans to South Africa - Brief II
This is the second brief in a series of five that takes a look at South Africa’s recent loans from China; it looks at the experiences other countries have had with Chinese debt, namely Sri Lanka, Pakistan and Argentina.
China’s Loans to South Africa - Brief I
This is the first brief in a series of five that takes a look at South Africa’s recent loans from China. This brief is an overview of South Africa’s debt situation, how the loans from China fit into this, and why we need to look at the experiences other countries have had with Chinese debt.
The State Of The South African Refugee Protection Regime: Part III - Party Politics
Asylum has become a battleground for party politics and electioneering.This brief - the third in a three-part series - reviews the asylum policies and statements of four of South Africa’s major political parties (the ANC, DA, EFF and COPE) in the run up to the 2019 election.
Eskom’s latest tariff application - Our Submission to the National Energy Regulator
This brief contains a summary of the Helen Suzman Foundation’s submission to the National Energy Regulator on Eskom’s latest tariff application. It describes the extremely serious financial situation in which Eskom finds itself and the strategic issues that need to be addressed.
Structural Interdicts: An Effective Means Of Ensuring Political Accountability?
Incapacity. Incompetence. Pure recalcitrance. Intentional non-compliance. Corruption. These are among the most egregious reasons for any government’s inability to create and implement policies to achieve the purposes set out in legislation.
Keeping An Eye On The 2019 National & Provincial Elections
This brief explores the challenges facing the Electoral Commission in the run-up to the 2019 National and Provincial elections - and what it is being done to address them.
Curing South Africa's “Sea Blindness” - Cyril Ramaphosa, SONA and the Indian Ocean Rim Association
South Africa got its new Valentine shortly before the clock ticked to midnight on 14th February 2018, as Jacob Zuma exited and Cyril Ramaphosa became first, acting President, then President-Elect and finally President of the Republic in less than twenty-four hours.
Zimbabwe II - Politics
The first brief in this series outlined key demographic and economic conditions and dynamics. This brief considers their political implications.
Political Party Funding VII - The Treasury Bombshell
This brief outlines the presentation by the National Treasury on 1 September 2017 to the Parliamentary Ad Hoc Committee on the Funding of Political Parties and considers its implications.
Political Party Funding VI - Civil Society Submissions
This is the final brief of a six part series. The first provided a background to the current debate on political party funding. The second brief dealt with the legal position, and the third suggested a framework within which law might develop. The fourth dealt with international experience. This brief deals with submissions made to Parliament by civil society organisations, following on from the fifth brief which looked at political parties’ submissions.
Political Party Funding V - Political Party Submissions
This is the fifth brief of a six part series. The first provided a background to the current debate on political party funding. The second brief dealt with the legal position, and the third suggested a framework within which law might develop.
POLITICAL PARTY FUNDING IV - THE GLOBAL PICTURE
This is the fourth part of a six brief series. The first provided a background to the current debate on political party funding, the second described with the legal position and the third suggested a framework within which law might develop. This brief deals with international experience. The fifth will deal with submissions made to Parliament by political parties and the sixth with submissions made by civil society organisations.
This is the third part of a six brief series. The first provided a background to the current debate on political party funding, and the second dealt with the legal position. This brief suggests a framework within which law might develop. The fourth deals with international experience. The fifth will deal with submissions made to Parliament by political parties and the sixth with submissions made by civil society organisations.
This is the second brief of a six part series. The first part provides a background to the current debate on political party funding. This brief deals with the legal position, and the third suggests a framework within which law might develop. The fourth deals with international experience. The fifth will deal with submissions made to Parliament by political parties and the sixth with submissions made by civil society organisations.
This is the first brief of a six part series. It provides a background to the current debate on political party funding. The second brief deals with the legal position, and the third suggests a framework within which law might develop. The fourth deals with international experience. The fifth will deal with submissions made to Parliament by political parties and the sixth with submissions made by civil society organisations.
This brief by Charles Collocott looks at the possibility of changes to the mandate of the Public Investment Corporation (PIC) in light of such suggestions made by the current Minister of Finance.
In this brief Charles Simkins explores the 'assets' and 'liabilities' of the ANC policy conference.
In an increasingly fractious political environment, the ANC’s draft policy document on Peace and Stability includes bold claims about interference from foreign intelligence services in domestic South African politics. In addition, the document labels a wide range of groups as accomplices in this plot. This brief, by Charles Simkins, takes issue with this characterisation and looks at why these accusations are concerning for South Africa’s constitutional democracy.
This brief deals with the way in which ANC policy is developed. Further briefs will consider the substance of recently released draft policy documents for the June National Policy Conference.
Over the past few years allegations of treason have become more regular in South Africa. While there has only been one major treason case in the 23 years since the end of Apartheid, there have recently been a number of accusations of treason levelled against a variety of individuals, ranging from student activists to senior politicians. These allegations can be seen in the context of the implementation of treason law in southern Africa, with a number of pending treason cases in other countries that have been seen as politically motivated.
As a result of the publicity which several state-owned enterprises have enjoyed recently, especially from a governance and finance perspective, the logical question is to what degree they pose a real danger to the health of the State’s finances. This brief by Charles Collocott is based on the detailed Budget Review, as published by National Treasury on the date of the budget speech on 22 February 2017.
This brief sketches the background to attempts by the ACSA Board to address alleged fraud and corruption - and in reaction, the Minister of Transport attempts to fire almost half the Board.
This brief reviews some of the problems related to our National Archives.
This brief looks at the electoral task team report and its relevance with regards to the outcomes of the latest local government elections.
This brief looks at the extent of golden handshakes in the public sector and legislation governing financial misconduct.
This Brief done by Charles Simkins is the technical report which follows the Brief on voter behaviour in the metros.
This Brief by Charles Simkins looks at voter behaviour in metros and what the results of the 2016 Local Government Elections mean. The technical report to this Brief will follow shortly.
This Brief done by HSF's Richard Griffin discusses the rationality of the appointment of public officials in South Africa
This is the second part in a two part series of Briefs which focuses on populism in South Africa
This Brief is the first in a two part series and this Brief discusses populism.
Andrew Barlow looks to Brazil and recent developments regarding Dilma Rousseff's impeachment. He argues that there are lessons for our own President to draw on.
The recent statement by President Zuma that the ANC, not the country, comes first is not just, or only, an ordinary political assertion that the ANC is best suited to govern the people. It is also a conceptual claim that without the ANC there cannot ‘be’ a country; it is a claim that rests on foundations that are essentially totalitarian in nature.
In a land mark study of government in the Third Reich[1] , Ernst Fraenkel distinguished between the normative and positive state. His thesis has been given crisp expression as follows by Richard Evans:
The God That Failed was published in 1949. Edited by Richard Crossman, who was later to become a cabinet minister in Labour governments in the United Kingdom, it contained six essays by well-known figures of the time. Three (Arthur Koestler, Ignazio Silone and Richard Wright) were dubbed as the initiates, because they had been members of Communist parties for some time and the other three (Andre Gide, Louis Fischer and Stephen Spender) were ‘worshipers from afar’, because either they were never members or members only for a brief period.
This Brief sets out voter geographical information derived from the voting patterns as observed in the 2014 National Election.
Commentary on the ANC National General Council 2015 discussion documents.
The second Brief set out the allocation of seats to metros and produced a baseline projection of the outcome of the 2016 local government election based on the 2014 national election party support pattern. This Brief considers the quantitative projections of the elections and the qualitative observations on parties' performances therein.
The first Brief in this series dealt with important rules of the game. This Brief takes the next step and projects a base line for 2016.
This Brief sets out two important things to know about the system.
This brief looks at the 'golden handshake' taken by the former National Prosecuting Authority Head, Mxolisi Nxasana and discusses the pattern of 'golden handshakes'.
This brief seeks to shed light on the role the Speaker ought to play in the South African Parliament. It should not be read as an attempt to discuss the performance of any particular Speaker.
One can support a constitutional democracy on the grounds that it is a better form of government than any other. One can be a revolutionary, dissatisfied with the existing political order and wanting to overthrow it in favour of an envisaged better alternative. But to claim to be a constitutional democrat and a revolutionary at the same time – now that is odd. Yet, we see it constantly in contemporary South Africa. What explains the phenomenon?
South Africa has been a segmented society for centuries. It still is. For example, marriages across ethnic and religious lines are relatively rare. Ethnic identities were crystallised into a system of racial classification by the apartheid state. This is a context in which identity politics might have had disastrous consequences and it was often predicted that apartheid would end in a general conflagration. Despite substantial political violence in the decade before 1994, this did not happen. For the last century and a half, infectious disease has been the more important killer. Deaths from AIDS in the opening few years of this century – some of which could have been avoided by more rapid roll out of treatment - exceeded all the mortality from war and political violence since 1850.
Globally, the Cold War era has been succeeded by both the salience of market oriented economic development and the growth of identity politics. Understanding the relationship of liberalism and identity politics is a key issue for our time globally and specifically for understanding South African politics.
"[T]he NEC noted the extent to which Parliamentary processes have descended into chaos and the unruly offensive on the ANC in Parliament, Parliament itself and on democracy in our country. Hooliganism and insult are at unprecedented levels and are unfortunately being defined as a tool of engagement. The decorum and dignity of Parliament as an institution is being dragged through the mud under the cover of the right to be robust." - Statement of the ANC National Executive Committee following meeting held 21-29 September 2014
The recent behaviour of the Economic Freedom Fighters (EFF), and the responses to it by the African National Congress (ANC), and the Democratic Alliance (DA), is worrying and troublesome. This brief explains why their conduct bodes ill for Parliament as an institution which is vital to democracy.
With the 2014 General elections behind us, it is not too soon to start focusing on Local elections. This brief unpacks the components of South Africa's local elections.
This is the first in a series of Briefs dealing with elections in South Africa. This Brief unpacks some of the main components of the South African General Elections.
This Brief makes some observations on the Presidential Review Committee’s (PRC) Final Report on the State of South Africa’s State Owned Enterprises (SOEs).
Discussions about electoral reform in South Africa have again come to the forefront over the last few weeks. This brief succinctly discusses the attitudes of four political parties towards electoral reform and how reform may or may not effect change to accountability and representation.
Homeless people out in the cold in Gauteng
The 10th of July 2023 was marked with joy and jubilation by many residents in Gauteng as the province experienced snow for the first time since 2012. For the homeless in Gauteng, it was an entirely different prospect altogether.
Who decides on Vaccine Mandates?
This brief reviews the decision of the Supreme Court of the United States of America in National Federation of Independent Business et al v Department of Labour, OSHA and argues that it is able to usefully inform debates about vaccine / testing mandates in South Africa.
Addressing Provincial Health Departments’ Medicolegal Claims Liability II: Transforming Litigation Strategies And Tackling Corruption
Provinces' medicolegal claims liability is largely caused by negligence and intentional wrongdoing by the State Attorney when defending these claims. This brief examines the measures that have been adopted to counteract the problems in the Offices of the State Attorney.
Addressing Provincial Health Departments’ Medicolegal Claims Liability: Developing The Law Of Delict
Provincial health departments face numerous claims for damages for medical negligence. The common law provides that payments must be made in one lump sum, but this impacts on health departments' capacity to provide healthcare for others. This brief considers how the courts have begun developing the common law to provide for payments in kind and periodic payments.
Why Is Burger King Proving a Hard Sell?
This brief explores the legal basis for the Competition Commission prohibiting the purchase of Burger King by Emerging Capital Partners, and argues that it was borne out of an incorrect interpretation of the Competition Act.
Department seeks to amend the legislation governing the public service, but squanders the opportunity for meaningful reform
This brief examines the Department of Public Service and Administration's proposed amendments to the legislative scheme governing the public service. It is argued that the amendment bills fall short of what is required to professionalise the public service and end corruption.
Vaccine Nationalism And Global Equity
This is the first of two briefs discussing issues relating to COVID-19 vaccines. This brief argues that, in order to combat COVID-19, global equity to vaccine access is necessary. However, in order to achieve this equitable distribution, vaccine nationalism as well as poor government policy and governance surrounding vaccine access will have to be overcome.
The Expropriation Bill - Why is everyone focusing on expropriation without compensation and not on the major land reform issues?
This brief examines the many problematic aspects on the subject of land reform in South Africa and points out that the proposed amendment to the Constitution and the Expropriation Bill are not the major issues of concern.
Whom The Gods Would Destroy They First Make Mad
How to achieve redistribution with growth in a period of economic decline is difficult and the beginning of wisdom is to avoid actions which make things worse rather than better. The purpose of this brief is to identify some of them.
Service Delivery in South Africa at a Glance
Against the backdrop of recent discussions on service delivery in the Kgetlengrivier Local Municipality this brief will examine current reactions to service delivery failures and possible actions that aggrieved residents may take.
Who Are The Hungry Children? And How Far Can Increases In Social Grants Help Them? Evidence From The 2019 General Household Survey.
Hunger, and particularly child hunger, have been discussed recently as a justification for extending the social grant system. This brief probes the relationship between child hunger and social grants using data from the 2019 General Household Survey (GHS).
The Public Sector Wage Dispute: Understanding the judgment of the Labour Appeal Court
This brief considers and evaluates the reasoning of the Labour Appeal Court in the public sector wage dispute and considers the implications of its judgment, in light of the approach adopted by Treasury in the 2021 Budget.
Human Settlements In The Metros
This Brief discusses the Department of Human Settlements’ proposed re-orientation of its policies.
A Constitutional Challenge To The Supplementary Budget II: What Are The Prospects Of Success Of A Socio-Economic Rights Challenge?
This brief examines the prospects of success of a constitutional challenge to the Supplementary Budget based on the State’s failure to allocate more resources to be used for the fulfilment of socio-economic rights.
A Constitutional Challenge To The Supplementary Budget I: A Direct Challenge Within The Context Of The Separation Of Powers
An article in Daily Maverick has proposed a direct constitutional challenge to the Supplementary Budget. This brief examines whether a court will entertain a direct challenge to the Supplementary Budget.
Gender Based Violence in the time of Corona
The purpose of this brief is to remind the public that the cries in the protests against gender based violence of September 2019, when Uyinene Mrwetyana was raped and murdered, are not forgotten. It also seeks to create awareness that gender based violence is not uniquely a South African problem, but a global one that has increased in the few short weeks of a global lockdown.
Moral Laws IV: Abortion
Abortion, not unlike sex work, is an age old subject which has been criminalised and decriminalised over the centuries. Like both sex work and drugs, abortion is a moral issue which debate has, in recent years (relatively speaking), taken a legal undertone by introducing the question of when life actually begins, with implications for the view that termination of pregnancy is equivalent to murder.
Moral Laws III: Drugs
Like the first two briefs on sex work in this ‘Moral Laws’ series, the stigmatisation of drug dependent users as outcasts and criminals is based on a particular morality. Unfortunately, once again, this has played the key role in our government’s (and the world’s) handling, at least until recently, of the drug problem – viewing it as a criminal justice issue as opposed to a health problem.
Moral Laws II: Sex work - The Arguments
This brief is the second brief of a series of four. This brief lays out the arguments for the status quo and for a reform of the system. It also discusses a possible solution to the legislative problem, in the form of a midway position. The third brief will deal with drug use and the fourth with abortion.
Moral Laws I: Sex work - History and current status
This brief is the first of a series of four. It deals with legislation about the sex trade in South Africa The second brief lays out the arguments for the status quo and for a reform of the system. The second brief also discusses a possible solution to the legislative problem, in the form of a midway position. The third brief will deal with drug use and the fourth with abortion.
Respect And The Right To Be Heard: Some Reflections
In this brief Charles Simkins reflects on the state of play around questions of legitimate speech in contemporary society.
Does the World Bank’s Gini index show that South Africa is the most unequal society in the world?
This brief investigates the oft-repeated assertion that according to the World Bank’s Gini index, South Africa is the most unequal society in the world.
Sexual Assault - Part 3: Sexual violence as a Weapon of War
A very popular, yet grossly under recognised, feature and weapon of war is sexual violence. Sexual violence, like artillery, is used to cause destruction through the terrorisation of a population or as an assertion of power by belligerent forces. Rape, when committed as part of a widespread attack, is also an effective tool for bringing about the destruction, in whole or in part, of a national, ethnical, racial or religious group – otherwise known as genocide.
Sexual Assault - Part 2: Sexual Harassment in the Workplace
According to legislation, employers have a positive legal duty to ensure that the workplace is free from unfair discrimination. What the legislature and disciplinary bodies alike do not take into consideration are the delicacies of the power differentials between men and women (not only as between superiors and subordinates) in the workplace and the trauma suffered by the victims of sexual harassment. Until there is an understanding of these inherent power dynamics that exist in the workplace, sexual misconduct will continue to persist in that space.
Sexual Assault - Part 1: Sexual Offences in the Criminal Justice System
Crimes of a sexual nature, the world over, are prosecuted distinct from any other form of crime. The burden of proof in sexual offence cases is more stringent (although it is not permitted to be). The tests and defences used are subjective as opposed to objective – as with all other crimes. Unlike other crimes, commissions of sexual offences, it can be argued, are skewed predominantly against women and children. They are also the only crimes in which the victim’s behaviour is the focal point, as opposed to that of the accused.
Cape Town Gangs: Political Dimensions
Understanding the true nature and genesis of gangsterism in Cape Town is central to the success of the recently dispatched Anti-Gang Unit. This brief looks beyond frequently cited criminal and socio-economic factors.
The State Of The South African Refugee Protection Regime: Part II - Politics And Policy
This brief - the second in a three-part series - explores reasons for the deterioration of refugee protection in South Africa.
The State Of The South African Refugee Protection Regime: Part I - Current Status
Once applauded by UNHCR’s Antonio Guterres as ‘one of the most advanced and progressive systems of refugee protection in the world’, the South African refugee regime has deteriorated beyond recognition.This brief - the first in a three-part series - explores the state of protection and what it means for asylum-seekers within our borders.
Civil Union Amendment Bill, 2018: Parliamentary Submission
This brief summarises the Helen Suzman Foundation’s submission to the Committee.
Violence against women - Part II: Evaluation and recommendations
This 2-part brief series considers whether the law and society are working effectually to protect women from violence.
Violence against women - Part I: Case studies and legal mechanisms
This 2-part brief series considers whether the law and society are working effectually to protect women from violence.
Class Action Law Suits in South Africa
This brief considers the emerging legal field of class and group action law suits in South Africa. Previously uncommon and undefined in law, these cases are becoming more prevalent in the South African legal space.
Free Basic Services At The Municipal Level
On 30 September 2017, South African municipalities were collectively owed R143.6 billion by consumers, according to the latest National Treasury report on municipal finances. R101.6 billion of this amount was household debt. If consumer debt is limited to below 90 days, then the actual realistically collectable amount is estimated at R22.9 billion.
The preceding briefs in this series discussed definitional issues and set out international comparative information on domestic violence. This concluding brief will assess information on domestic violence in South Africa.
The first brief in this series discussed definitional issues related to domestic violence. This brief contains an annotated bibliography of international comparative sources.
This is the first brief in a series of three. It deals with definitional issues. The second brief will be an annotated bibliography of international comparative data on domestic violence, and the third will look specifically at the situation in South Africa
This brief by Charles Collocott deals with 3 inter-related topics and highlights the fact that the field is difficult to navigate because of a complicated set of rules which apply to black economic empowerment. It also points out that some of these rules often do not advance the interests of black participants and that an already complicated situation is further muddled by troublesome issues such as incompetence and corruption in the state’s procurement process.
This brief looks at the importance of social grants in sustaining the social fabric.
Widespread media attention has been devoted to the payment system for social grants following the end of the current service provider contract on 31 March 2017. This brief provides the background to the latest developments.
The Helen Suzman Foundation (HSF) recommends that the Hate Speech Bill should be withdrawn in its entirety. In this brief, Richard Griffin, summarises the HSF’s submission to the Department of Justice and Constitutional Development regarding the Bill.
In this brief, Matthew Kruger considers the majority judgment of the Chief Justice in the recent Tshwane street-naming case. Whilst acknowledging that morally-speaking the decision is probably correct, he expresses concern over the finding that people "must embrace the African philosophy of ubuntu" for them to be truly South African.
This Brief discusses the ruling of unconstitutionality of the Maidens Bursary Scheme policy.
For some time now our public discourse has been dominated by public intellectuals and other commentators whose opinions are characterised by a shrill, self-righteous certainty. In this brief, Matthew Kruger reflects on these issues, pleading for those who shape public debate to write with the kind of self-reflective humility that is possessed by those who are aware of their own limitations—who are aware of the possibility that they might be wrong.
On more than one occasion Helen Suzman spoke out against arbitrary and abusive laws criminalising the production and use of marijuana. In this series of briefs, we revisit these issues in three parts. In the first brief, Matthew Kruger provides some context, by commenting on the prosecution of a married couple for their production and personal use of medical marijuana. He also explores the neglected value of freedom, explaining that sometimes the state can only fulfill its duty to respect and protect our rights by leaving us alone. In the second brief, Arvitha Doodnath considers the science relating to and social impact of marijuana and debunks some common myths. The series concludes with Kimera Chetty considering how we should go about regulating actions that do in fact negatively affect the interests of others, but whose criminal prohibition would also cause harm to individuals and the community.
This brief deals with marital surname changes of women
Discussions about issues relating to race are often marred by little awareness of some of the more important differences between different forms of race-related expression. The conflation of concepts tends to generate much unnecessary disagreement on important practical and policy-related issues. With this in mind, I try to do three things in this three-part brief. First, I distinguish three forms of race-related expression: hate-speech, racism and hatred. Second, I outline how the Constitution deals with efforts to regulate each form of expression. Third, I consider four hypothetical examples of race-related expression, for the sake of illustrating the conceptual framework outlined in Part I of this brief, and suggesting how each might be regulated in a manner that is consistent with the points made in Part II of this brief.
Charles Simkins explores the Sociology of Romanticism in the context of Ferial Haffajee's book "What if there were no whites in South Africa?".
The recent criticism of the advocates’ profession for a lack of transformation has prompted the Minister of Justice, Michael Masutha, MP, to say that he will launch radical plans to make the Cape Bar, in particular, more demographically reflective of South Africa. This brief analyses the Minister’s comments.
This brief addresses transformation of the legal profession through the reformation of Legal Aid. This policy option may be unpopular in some quarters but could provide answers to the Bar’s problems. This brief is occasioned by correspondence between the author and a high-ranking official at Legal Aid, and demonstrates the need for radical policy thinking to address complex societal problems.
The recent decision of the Johannesburg Society of Advocates to implement a quota in favour of black/female advocates is, no doubt, well-intentioned. The Bar remains one of South Africa’s most untransformed professions. However, quotas may not be the magical silver bullet. In the short-term, it may provide immediate redress. But, long-term challenges will be how to widen access to, and guarantee retention within, the profession.
This Brief discusses the implications of the MIA v State Information Technology case on paternity leave
In light of recent comments by the Minister of Justice, and the interest garnered by the lack of black counsel in the Silicosis case, transformation of the legal profession is back in the spotlight. Reforming Legal Aid may be the first step in solving that dilemma.
This Brief serves as a continuation of a series which addresses the question; what is the State doing for the poor? It looks at the Expanded Public Works Programme by seeking to ascertain the track record of this State-led employment initiative.
This Brief is a continuation of a series which addresses the question; what is the State doing for the poor? It looks at the Expanded Public Works Programme by seeking to understand how this State-led initiative works.
This Brief is the second of a series tackling the question; what is the State doing for the poor?
An Exploration of South Africa's Ongoing Encounter with Xenophobia and the 'Other'
This Brief is the first of a series tackling the question; what is the state doing for the poor?
A considered view into the rights of persons in the context of South African common law over the last century, with emphasis placed on women's rights under the various systems.
The recent judgment of the Constitutional Court (CC) in the matter of South African Police Service v Solidarity obo Barnard [2014] ZACC 23 is noteworthy, not for what the application managed to achieve but, rather, for what it failed to.
The facts about income distribution in South Africa were set out in a previous brief. Here the focus will be on ways to think about it. Five guidelines are proposed.
To the lay mind, wealth and income often mean more or less the same thing. For economists, the terms are distinct. Wealth is the sum of all your assets less your liabilities and is a stock concept. Income is a flow and refers to what you receive in a given period, say a year. They are related, because income less consumption is an addition to wealth and wealth creates an entitlement to income in the form of interest, dividends, property rentals and the like, which form a component of income, alongside earnings and transfers (such as social grants).
The first 2014 Roundtable on Equity and Redress took place on February 6th. The event was chaired by the director of the Helen Suzman Foundation, Francis Antonie, and featured Lindiwe Mazibuko, Songezo Zibi and Eusebius McKaiser. This brief summarises some of the main themes of the evening.
This brief provides a summary of the HSF’s recent roundtable on the National Development Plan.
This brief analyses youth involvement in, and its relationship to, the Small to Medium Enterprises (SME) sector within the boundaries of the National Development Plan (NDP).
Recently, there has been a debate in the media about universal franchise. This brief outlines the history of the franchise in South Africa before Union (1910) until complete universal adult franchise in 1994.
This article presents some information on the problem of sexual offences, particularly against women, in South Africa. It also outlines government’s response to this problem. This brief represents preliminary research in the HSF’s broader project: Women in Society.
Inclusive growth is a term which has been and continues to be applied to describe the way forward for the South African economy. This Brief aims to interpret inclusive growth in conjunction with our future aims as stated in the National Development Plan (NDP) and the current growth path experienced.
