Have your say on the next Chief Justice

To promote transparency and encourage public participation, President Cyril Ramaphosa is inviting public nominations for the position of the next Chief Justice of South Africa.

In a statement released on Thursday, the Presidency said President Ramaphosa has decided that South Africans should take part in the choice of the next Chief Justice.

The term of the current Chief Justice, Mogoeng Mogoeng, comes to an end on 11 October 2021.

Section 174(3) of the Constitution empowers the President to appoint the next Chief Justice after consulting the Judicial Service Commission and the leaders of political parties represented in the National Assembly.

“In terms of the Constitution, the Chief Justice is the head of the Judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts,” the Presidency said.

The Chief Justice is responsible for leading the creation of jurisprudence, as they preside over proceedings of the Constitutional Court.

They are also responsible for setting and overseeing the maintenance of the standards for the exercise of the judicial functions of our courts, and chairing the Judicial Services Commission.

The Presidency emphasised that President Ramaphosa invites South Africans to nominate suitably qualified candidates for this critical position.

Process for appointing the Chief Justice

1. Nominations

Any person may nominate candidates for the position of Chief Justice. These nominations should be accompanied by the endorsement and support of at least one professional body of legal practitioners, or non-governmental organisation working in the field of human rights, or other legal areas.

Nominations should set out the reasons the nominee is deemed suitable to be the next Chief Justice, their experience both as a legal practitioner, including any experience as a judge, and as a leader.

All nominations with all supporting documents must be sent to [email protected] and [email protected] by 1 October 2021.

They must include:

• A nomination letter, including the contact details of the nominator;

• The nominee’s acceptance of the nomination and their contact details;

• Letters of support for the nomination, including contact details of persons or entities that support the nomination, including at least one letter of support from a professional body of legal practitioners, non-governmental organisation working in the field of human rights, or other legal field; and

• Any additional documentation that the person nominating the candidate for Chief Justice deems relevant.

All nominations and supporting documents (save for personal information) will be made public on the Presidency website by 4 October 2021.

The Presidency said any objections to the nominees will need to be motivated, in writing, and sent to the above email address at the latest by Friday, 15 October 2021.

2. Panel to shortlist nominees

After receiving the nominations, a panel of eminent persons, with the relevant experience, will shortlist between three and five candidates. The panel will decide how best to openly, transparently and expeditiously compile the shortlist.

The panel will consist of Former Judge of the International Court of Justice and United Nations High Commissioner for Human Rights, Navi Pillay, as chairperson; Minister of Justice and Correctional Services, Ronald Lamola; Former Minister of Justice Jeff Radebe, Former Public Protector Adv. Thuli Madonsela; Co-chair of the South African National AIDS Council, Mmapaseka Steve Letsike, and Professor of Law at Howard University School of Law, Professor Ziyad Motala.

The panel will be required to report to the President by Friday, 29 October 2021.

3. Consultation with the JSC and political party leaders

The President will decide which candidates from the shortlist presented to him by the panel of eminent persons to refer to the Judicial Service Commission and the leaders of political parties represented in the National Assembly for consultation, as required by the Constitution, before appointing the new Chief Justice.

President Ramaphosa said: “The Chief Justice occupies a vital position in our democratic constitutional order. It is therefore appropriate that all South Africans should have an opportunity to witness and participate in the selection of the next Chief Justice.

“We expect that this process will further deepen public confidence in the independence and integrity of the judiciary.”

Source: South African Government News Agency

NSFAS gets unqualified audit report from Auditor-General

The National Student Financial Aid Scheme (NSFAS) has welcomed the report of the Auditor-General of South Africa (AGSA) for the unqualified audit opinion with findings for the year ended March 2021.

“This is a significant achievement and a step in the right direction. The unqualified audit opinion is the first for NSFAS since 2017 and two years of Administration from 2018 to 2020,” the NSFAS said in a statement.

The AGSA has noted that there was a significant improvement in the overall audit outcome when compared to prior years, with some challenges remaining particularly with the performance reporting.

The unqualified audit forms part of the action plan by the organisation on its road to transform into a responsive, efficient, effective and fit-for-purpose higher education and training financial aid administrator,” NSFAS said.

“Furthermore, this audit outcome paves a way for the NSFAS Board to intensify its fundraising objective to bridge the funding gap and cater for students not accommodated by the current funding criterion.

“This audit outcome should give confidence to current funders and potential funders, that NSFAS can account for the funds it manages.

“Therefore, the Board calls upon the private sector to come on board and be part of these initiatives, which have great potential to change lives and contribute to South Africa’s national and human resource development goals,” NSFAS said.

NSFAS says it continues to work tirelessly to support disadvantaged students and ensure that they are afforded the same opportunities as their counterparts who have access to funding and better resources.

Source: South African Government News Agency

Kuilsriier Detectives investigate triple murder

Crime scene experts are sourcing a crime scene where three bodies were found in a canal in Sarepta, Kuilsriver on Thursday morning.

Reports from the scene indicate that police were called out at around 06:00, after passers-by spotted the bodies of two women and a man with gunshot wounds in the water. Several spent cartridges were discovered in vicinity. Police divers responded and retrieved the bodies from the water. Police have instituted the 72 hour Activation Plan for the mobilisation of resources in search of the suspect/s and determining the motive for the murders. At this point of the investigation, the identities of the deceased persons remain unknown.

Anyone with information that could assist the police investigation is urged to contact police on 08600 10111 or convey information via My SAPS App. Information received will be handled in strict confidence.

Source: South African Police Service

Online African COVID-19 green stimulus programme launched

Securing and restoring livelihoods should be top of the agenda in the wake of the COVID-19 pandemic, an African Ministerial Conference on the Environment (AMCEN) has resolved.

It is against this backdrop that an online platform for the African Green Stimulus Programme has been launched to provide an overarching framework to support the “green recovery” from COVID-19.

“This programme is intended to significantly contribute to Africa’s green recovery from the impacts of the pandemic and support the continent’s journey towards a sustainable and low-carbon development pathway,” Minister of Forestry, Fisheries, and the Environment, Barbara Creecy, said on Thursday in her capacity as the outgoing President at the 18th Ordinary Session of the AMCEN.

Creecy described the rapid progress in the development and implementation of this African-led and owned initiative as a source of pride for the continent.

This launch comes after the Eight Special Session of the Conference, which took place late last year, recognised that the pandemic had placed additional pressure on Africa’s socio-economic development.

The Minister acknowledged that the COVID-19 outbreak had exasperated efforts to achieve sustainable development and called for continued efforts to conserve, protect and enhance the resilience of Africa’s environment to avoid similar crises in future.

“The session agreed to adopt the continental-wide African Green Stimulus Programme to support the continent’s recovery to the devastating socio-economic and environmental impacts of the COVID-19 in a sustainable manner,” she told the delegates.

AMCEN’s mandate is to provide advocacy for environmental protection in Africa, ensure that basic human needs are met adequately and in a sustainable manner.

It also aims to ensure that social and economic development is realised and that agricultural activities and practices meet the food security needs of the region.

“This pandemic has affected all facets of our lives and I wish to extend my condolences to all those who have lost loved ones, friends and colleagues.”

Since last year, she said the conference had decided to respond to the impact of the pandemic in such a way that it will inspire hope.

“In line with this year’s theme for the 18th Ordinary Session of AMCEN, ‘Securing people’s well-being and ensuring environmental sustainability in Africa’, securing and restoring people’s livelihoods should be a priority in the wake of this pandemic.”

United Nation’s Under-Secretary-General and Executive Director of the UN Environment Programme, Inger Andersen, said Africa suffered the most from the climate crisis, from nature and biodiversity to the pollution crisis.

“It is a crisis that we have to face while dealing with the ongoing human and economic tragedy of COVID-19,” she said, adding that the pandemic has erased nearly 5% of per capita income in Africa, while food prices are soaring globally.

According to Andersen, if the green stimulus measure is done right, it could boost the economy in the short term, deliver growth pathways that are sustainable and mitigate environmental degradation.

All of these “wins” would deliver livelihoods, food security, economic prosperity and peace.

She described the stimulus programme as a critical step in taking advantage of this opportunity.

“The programme hits all the right notes climate action, air quality, land restoration, biodiversity, blue economy, green cities and so on,” Andersen added.

Creecy said it has been an honour and privilege to preside over the August Conference over the past two years and extended her best wishes to her successor, Minister Abdul Karim Sall of Senegal.

Source: South African Government News Agency

Wife remanded in custody for conspiracy to commit murder

Yesterday, 15 September 2021 the Hawks members from the Pietermaritzburg Serious Organised Crime Investigation arrested Mbalenhle Xaba (39) for conspiracy to commit murder and fraud after they received information about a wife who hired a hitman to kill her husband at Estcourt area.

It is alleged that the couple was in the process of filing divorce papers when she decided to kill him. In November 2020, Xaba allegedly bought a motor vehicle and handed it over to the hired hitman as payment. The said hitman did not execute the hit, as a result Xaba demanded the vehicle back in order to give it to another hitman.

The matter was reported to the Hawks members and an intensive investigation was conducted. Xaba was then arrested and charged accordingly. She appeared in the Estcourt Magistrate’s Court yesterday and was remanded in custody. The case was postponed to 21 September 2021.

Source: South African Police Service

Government funding comes to the aid of small business

Government’s funding through the Small Enterprise Finance Agency (SEFA) to a small and developing small businesses, has provided a much needed lifeline for these companies.

For Bizrocket Trade and Projects, the assistance came at a time when it was most needed.

In a recent address to the nation, President Cyril Ramaphosa said that government continues to implement measures to assist households, employees and businesses that have been affected by the pandemic and by public violence incidents that took place in Gauteng and KwaZulu-Natal in July.

The Silverton, Pretoria based company received R80 000 from government to enable it to continue with its business operations at a time when the COVID-19 pandemic continues to badger the world.

The 100% black owned entity which currently employs five permanent staff members, was established in 2013 by 33-year-old entrepreneur Happy Shabangu.

The company which was formed as a branding, promotions and supply business, was like many others, affected by the lockdown and civil unrest witnessed in the two provinces.

“We received R80 000 which was a COVID-19 relief loan from SEFA. This money was used to buy more sewing machines to meet the increased demand of cloth facemasks.

“The demand for what we normally do, that is, corporate clothing and school uniforms, dropped dramatically during the hard lockdown and as such we had to look into other opportunities. We started manufacturing products like cloth masks and disposable masks and sanitisers to keep the business afloat,” says Shabangu.

As many other companies would attest, COVID-19 also led to constant production interruptions as a result of workers infected by the virus.

“This meant we could not meet some deadlines,” he said, adding that the unrest experienced in the two provinces led to the company’s suppliers shutting down. This meant that the company could not obtain the necessary material for production and fell behind on production, which in turn, resulted in delayed payments from its clients.

Currently the company is looking at securing more sustainable contracts to increase its capacity to deliver more and on time to their clients while also creating more permanent jobs.

The funding injection has led to the company being able to operate machinery for 24-hours in a bid to meet clients’ demands.

“Currently we have five permanent staff members and when we receive more orders, we employ more temporary staff to enable us to meet clients’ orders. We looking forward to employing more permanent staff members,” he says.

Schools, which place orders for school jerseys as well as government departments, which place orders for facemasks, are the company’s main clients. The company also does work for private companies, stokvels and social clubs. In the past 14 to 18 months, the company manufactured over 300 000 cloth masks for both government and private sector companies.

Adapting to a changing environment

“That changed our line of business a little bit to adapt to COVID-19. That means we have to do something we have not done previously. The manufacturing of face masks, that is the business our government helped [us] to secure. The Department of Small Business came to us with a list of clients,” he said.

During a visit to the company’s business premises, staff were hard at work to meet pressing deadlines.

Shabangu’s wife, Thoko, who is also the company’s Operations Manager has been with the company since 2016, and cannot imagine working anywhere else.

“I don’t see myself doing something else other than working here,” she said.

The Operations Manager, who learned to operate machinery on the job, also provides training to staff members.

To date, the company has 52 machines of which 40 are used for embroidery purposes.

Access to funding is one of the biggest hurdles for small business in South Africa. In response to this challenge, SEFA continues to provide assistance to build sustainable businesses, through repayable loans.

SEFA’s core function is to foster the establishment, development and growth of small, medium and micro enterprises (SMMEs) and co-operatives, and to contribute towards poverty alleviation, job creation and economic growth.

While the company has faced challenges in the past several months, it remains resolute to create more jobs for the community.

“During the past few months, we had challenges but with the support we received from our government we are looking to grow the business. The company is committed to the creation of jobs for the community,” he says.

To adapt to a changing environment, the company also intends to introduce more technology as a way to increase its manufacturing capacity.

While the country continues to face unemployment challenges that are further compounded by the COVID-19 pandemic, initiatives run by agencies such as the SEFA are making much needed difference in the lives of businesses.

Source: South African Government News Agency