The Public Protector, The Committee And The Courts – What To Do With The Judicial Findings?
Author: Jos Venter
Published: 29 Jul 2022
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.
Fighting Corruption Promoting Constitutional Democracy Politics Public Interest Governance Securing Accountability Briefs Strengthening the Judicial System Building Democratic Institutions Upholding the Rule of Law Justice
The Public Protector Impeachment Process: How The Enquiry Resumes
Author: Jos Venter
Published: 04 Mar 2022
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.
Promoting Constitutional Democracy Politics Governance Securing Accountability Briefs Strengthening the Judicial System Building Democratic Institutions Upholding the Rule of Law Fighting Corruption
Beyond CR17 - Problems With The Executive Members’ Ethics Act And The Executive Ethics Code
Author: Zeenat Emmamally
Published: 21 Oct 2021
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.
Briefs Politics Governance Fighting Corruption Securing Accountability
What CR17 Teaches Us - The Need To Know Who Donates To Politicians’ Internal Party Campaigns
Author: Zeenat Emmamally
Published: 21 Oct 2021
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.
Briefs Politics Governance Fighting Corruption Securing Accountability
Laying The Groundwork - CR17 And The Challenge To The Executive Ethics Code
Author: Zeenat Emmamally
Published: 21 Oct 2021
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.
Briefs Politics Governance Fighting Corruption Securing Accountability
Unveiling The Power Behind The Throne: Who Are The Special Advisers?
Author: Zeenat Emmamally
Published: 09 Sep 2021
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.
Briefs Politics Governance Fighting Corruption Securing Accountability
Ace Magashule v the ANC or How not to use the Courts to Settle Political Scores
Author: Christopher Fisher
Published: 31 May 2021
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.
Briefs Strengthening the Judicial System Politics Governance Fighting Corruption Securing Accountability
Conflict between Minister and National Commissioner raises concerns about Minister’s role in appointments process
Author: Catherine Kruyer
Published: 21 May 2021
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.
Briefs Politics Governance Fighting Corruption Securing Accountability
Department seeks to amend the legislation governing the public service, but squanders the opportunity for meaningful reform
Author: Catherine Kruyer & Zeenat Emmamally
Published: 17 May 2021
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.
Briefs Social Justice Politics Governance Fighting Corruption Transformation Securing Accountability
A Missed Opportunity: President Ramaphosa Signs The IPID Amendment Bill Into Law
Author: Kimera Chetty
Published: 08 Jun 2020
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.
Crime Briefs Police Fighting Corruption Securing Accountability
Report: Conference On Fast-Tracking The Implementation Of The UNCAC In Southern Africa
Author: Cherese Thakur
Published: 03 Mar 2020
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.
Briefs International Comparative Fighting Corruption Securing Accountability
Spotlight On Accountability III: Accountability Categorised
Author: Cherese Thakur
Published: 23 Jan 2020
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.
Briefs Politics Governance Fighting Corruption Securing Accountability
Spotlight On Accountability II: Accountability Mechanisms
Author: Cherese Thakur
Published: 23 Jan 2020
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”
Briefs Politics Governance Fighting Corruption Securing Accountability
Spotlight On Accountability I: The Meaning Of Accountability
Author: Cherese Thakur
Published: 23 Jan 2020
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.
Briefs Politics Governance Fighting Corruption Securing Accountability
Lindela And South Africa’s Defective Deportation Regime
Author: Tove van Lennep
Published: 15 Nov 2019
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.
Briefs Lindela Demography Migration Detention Deportation Police Fighting Corruption
Professional Service Industries: Facilitating Malfeasance For A Fee IV - The Next Steps For Professions
Author: Cherese Thakur
Published: 25 Jun 2019
This brief series looks at four professional services industries - law, auditing, accounting, and management consulting - and the role that they play in facilitating corruption and malfeasance.
Briefs Fighting Corruption Securing Accountability
Professional Service Industries: Facilitating Malfeasance For A Fee III - What Has Gone Wrong?
Author: Cherese Thakur
Published: 25 Jun 2019
This brief series looks at four professional services industries - law, auditing, accounting, and management consulting - and the role that they play in facilitating corruption and malfeasance.
Briefs Fighting Corruption Securing Accountability
Professional Service Industries: Facilitating Malfeasance For A Fee II - Constraints On Professional Conduct
Author: Cherese Thakur
Published: 25 Jun 2019
This brief series looks at four professional services industries - law, auditing, accounting, and management consulting - and the role that they play in facilitating corruption and malfeasance.
Briefs Fighting Corruption Securing Accountability
Professional Service Industries: Facilitating Malfeasance For A Fee I - Understanding Professions
Author: Cherese Thakur
Published: 25 Jun 2019
This brief series looks at four professional services industries - law, auditing, accounting, and management consulting - and the role that they play in facilitating corruption and malfeasance.
Briefs Fighting Corruption Securing Accountability
The Political Economy Of Corruption
Author: Charles Simkins
Published: 02 May 2019
Pierre de Vos published an article entitled Why Ramaphosa is probably not in a position to end corruption and patronage in Daily Maverick on 29 April, drawing on a study by Wits Professor Karl von Holdt. This brief discusses the completeness and the plausibility of their arguments.
Briefs Fighting Corruption Securing Accountability