Politics and Governance

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.