Tag: abuse of power

It’s often said there are three tiers of government in South Africa: national, provincial and municipal. However, there is an unspoken fourth tier, namely residential governance through Homeowners Associations (HOAs). On paper, HOAs appear straightforward.

The Constitution of the Republic of South Africa, in its supremacy status, requires all three arms of the State, (i.e., the legislature, the executive and the judiciary) to adhere to, and uphold all its principles. There is a need to discuss the principle of separation of powers as enshrined in the constitution, with regards to Regulation 7 to Road Accident Fund Act 56 of 1996, as amended.

The Office of the Pension Funds Adjudicator (OPFA) is a statutory body established to resolve disputes in a procedurally fair, economical and expeditious manner. The adjudicator's office investigates and determines complaints of abuse of power, maladministration, disputes of fact or law and employer dereliction of duty in respect of pension funds.

As long as government’s cadre deployment policy is defended, governance of South Africa’s state-owned entities (SOEs) will remain vulnerable and at risk. This is a reaction to the testimony of President Cyril Ramaphosa before the Zondo Commission of Inquiry into State Capture, who acknowledged that 'massive system failures' with board appointments paved the way for SOE failures. At the same time, the President defended cadre deployment.

Legally we have entered unchartered waters that government, perhaps understandably, appears unable to navigate. Practically, the coronavirus regulations cannot be adhered to in a society composed like South Africa’s. In whichever way one approaches the issue, the coronavirus regulations should in large part be set aside and replaced by less restrictive measures to control the pandemic.