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.