Sameera Casmod | sameerac@radioislam.co.za
6 December 2024 | 11:40 CAT
4-minute read

Jo’burg Mayor Floyd Brink given 10 days to vacate office

A High Court ruling has declared the processes of Floyd Brinks appointment as invalid, raising questions about mismanagement by governors of South Africa’s wealthiest city. Brink must leave office within 10 days or until an acting city manager is appointed. Despite the ruling, any decisions that Brink makes while still in office will remain  valid, according to the judgment.

Research Director Angelo Fick of the Auwal Socioeconomic Research Institute (ASRI), during this week’s ASRI Report explains the process of Brink’s appointment.

Brink was first appointed as the City Manager of Johannesburg in June 2022, then reappointed for the same role in November 2023 after a council meeting. The DA brought a case against Brink’s reappointment to the Gauteng Division of the High Court in Johannesburg in December 2023. The basis of their argument was that Brink was reappointed just days after the same court had declared his initial appointment unconstitutional, citing flaws in the processes that led to it.

“Floyd Brink’s original appointment was considered invalid after a high court challenge by the opposition. Then-acting Judge Budlender had indicated that they should follow the processes outlined in council rules and not obliate the work around them. They appealed the judgement and they reinstated Mr Brink after another cursory process which was again challenged,” Fick explains.

His analysis of the recent judgment paints a bleak picture of the city’s governance.

“This is a really problematic moment for the wealthiest city in the country and the region,” Fick notes, adding, “We have people in very important key positions mismanaging the most important economic hear of not just the country but the region.”

Cabinet mini re-shuffle

On Tuesday this week, President Cyril Ramaphosa announced the decision to remove justice minister Thembi Simelane from cabinet and appoint her as the minister of human settlements. She swapped positions with Mmamoloko Kubayi after reports emerged of her connection to unlawful investments in VBS Mutual Bank in 2016.

“Given the issues that Minister Simelane Ndkadimeng had in justice- facing corruption charges, it became untenable for Mr Ramaphosa to say government is fighting corruption when his justice minister is accused of it,” Fick says.

Given that the position she now holds is also riddled with corruption, the move might not be the best decision for the president and indicates that the government is unable or unwilling to hold officials accountable for their actions.

Minister of Basic Education boycotts BELA bill signing

Minister Siviwe Gwarube has reached an agreement with Solidarity at the National Economic Development and Labour Council (Nedlac) last week over the Bela dispute.

“Minister Gwarube needs to make a decision about whether she wants to continue to serve in a cabinet, in a portfolio whose policy she seems so opposed to. I thought that the boycotting of the signing of the bill felt childish. It felt like a stunt by an opposition,” Fick says.

The entire BELA Bill will be passed into law on Friday 13 December 2024 unless Minister Gwarube can convince her cabinet colleagues and President Ramaphosa that her objections are enough to warrant an extension.

South Africa’s Electoral Reform: Public Feedback Highlights Key Issues

As South Africa races toward the end of the year, discussions around electoral reform are heating up. With the panel receiving over 350 submissions from the public, the call for accountability has emerged as a dominant theme. This reflects growing concerns about the unaccountability prevalent in two key processes: the President’s power to structure a cabinet without sufficient legislative oversight and the broader lack of checks and balances within government.

The General National Unity (GNU) arrangement and opposition parties embroiled in their own battles have further weakened accountability mechanisms. Adding to this, political parties wield significant power in legislative assemblies. This power imbalance means citizens are unable to remove underperforming or unethical representatives, while political parties retain the ability to oust even effective members who may challenge internal agendas.

Another critical issue identified in the submissions is the challenge faced by independent candidates. Current reforms do little to ensure fair representation for individuals who choose to stand outside of party lists, leaving many locked out of legislatures. This has fuelled discussions about moving toward a constituency-based system, potentially modelled on the mixed system used in local government elections.

To address these challenges, the panel has laid out a roadmap for public engagement. Over the next four months, they will conduct roadshows across the country to gather additional feedback. A 15-page document outlining the proposed changes has also been published, which could serve as an educational tool for Grades 11 and 12. As these students prepare to become voters, this initiative offers a unique opportunity to engage them in shaping the nation’s democratic future.

Looking ahead, a national conference in April 2025 will provide a platform for the panel to present its findings and recommendations. This will be a significant step toward achieving meaningful electoral reform in time for the 2029 general elections.

Listen to the ASRI Report on Sabaahul Muslim with Moulana Sulaimaan Ravat.