After the Bell: Want a decision from the SA government? Don't hold your breath

Daily Maverick

17-06-2025

There are plenty of cases where the government just takes a long time to make decisions. Even decisions that need to be made by one person can take forever. In some cases, the process is just too technical, with too many steps. And while it can be frustrating, it is also really expensive for our economy.
One of the great and terrible certainties about South African life is that you know any kind of government process is just going to take forever. And while it can be frustrating and taxing, in the end it is also hugely expensive for our economy.
On Tuesday, 17 June 2025, BusinessLIVE reported on the CEO of Afrimat, who had told shareholders in the annual report that a delay by the Competition Tribunal over its deal with Lafarge SA might have cost the company about R185-million.
That's because while the tribunal was considering the case, the equipment, including kilns, fell into disrepair.
By the time the tribunal allowed the deal, it was exactly a year since it was first announced.
And remember, all the tribunal had to do was consider the recommendations of the Competition Commission — it wasn't as if they were starting the entire case from scratch.
Something similar has happened with the Vodacom-Maziv deal, where the two want to work together to roll out fibre. This is something that should greatly benefit our economy.
That case took three years before the Competition Tribunal eventually ruled that the merger could not go ahead. And even then, the parties had to wait for months before the final reasons were actually published.
Considering how the fibre market has changed in the past three years, this might well have a material impact on whether the deal still has the same value as it did when it was announced.
It's easy to pick on the Competition Tribunal. And we should.
But there are plenty of other cases where the government just takes a long time to make decisions.
In some cases, the process is just too technical, with too many steps.
There are also, arguably, too many different forums.
For example, Vodacom now has to appeal against the Competition Tribunal ruling in the Competition Appeal Court. It is even possible that if it fails there, it could go to the Constitutional Court.
That would mean the whole thing will probably take more than five years.
But it is not just our judicial and legal processes that take a long time.
Even decisions that need to be made by one person can take forever.
Jacob Zuma once took nearly two years just to appoint a new head of the Special Investigating Unit.
That was clearly political; he didn't want anyone in the job for reasons that became pretty obvious.
But President Cyril Ramaphosa sometimes isn't much better.
The head of the National Prosecuting Authority (NPA), Shamila Batohi, has asked him to suspend the head of prosecutions in Joburg, Andrew Chauke. He is accused of a litany of sins, including sabotaging prosecutions during the State Capture era.
Her request was made nearly two years ago. And Ramaphosa has still not made a decision.
Considering that he has claimed to want to support our independent institutions, and the NPA, what could his motive possibly be?
Two weeks ago, Police Minister Senzo Mchunu withdrew an advert for a new head of the Hawks, after Godfrey Lebeya retired.
The process to find a new head will now start again, meaning they will be without a boss for four months. At least.
And I'll bet you the cost of a double ticket to see the Springboks at Ellis Park that it will take longer than that.
There are many other examples.
Former Department of Trade, Industry and Competition Minister Ebrahim Patel was accused by the current head of the National Lotteries Commission, Professor Barney Pityana, of delaying the appointment of the agents who formally assign money to groups that are supposed to benefit from it.
The current Health Minister, Dr Aaron Motsoaledi, appeared to take forever to publish regulations around the digital nomad visa when he was at Home Affairs. In the end the new minister, Leon Schreiber, had to do it.
And was able to claim something for the DA in the process.
I think sometimes when there is a long delay we have to ask who is really responsible.
In the case of the Competition Tribunal, it is not just that they make decisions businesspeople don't like. It's that the delay is caused because they don't have enough members.
As columnist Michael Avery has pointed out, it appears to be seriously understaffed.
By the way, they're not the only ones. Mbekezeli Benjamin from Judges Matter once pointed out that the Electoral Court had been without a full complement of staff for a full five years.
That's astonishing, no matter how you look at it.
And it's only because of the politicians; they are the ones who are ultimately in charge.
When there are delays like this, I think we're entitled to ask why.
And this is the risk to the politicians. When Ramaphosa can't make up his mind about Andrew Chauke for two years, it looks like he's defending him, even if he's not.
When tribunals and courts are left without their full complement of judges and commissioners, it must make them weaker.
But sometimes it can be something else. DM