GNU's ‘clearing house' called into question
Image: Itumeleng English/ Independent Newspapers
The Government of National Unity's (GNU) Clearing House Mechanism, established to resolve policy disagreements within the 10-member coalition, has been questioned over its effectiveness by the DA and Rise Mzantsi.
Despite the mechanism's efforts to address disputes, the DA has continued to raise issues separately, including its latest challenge to the Expropriation Act, specifically the issue of nil compensation.
Recently, DA federal council chairperson Helen Zille described the GNU clearing house mechanism as a "waste of time," stating that it does not work and "everyone acknowledges its ineffectiveness".
"What we need is a mechanism in the GNU to implement clauses 19 and 18 (in the terms of reference). We do not need to renegotiate the laws of the game or anything; what we need is mechanisms that implement the statement of intent," Zille said.
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The DA has launched several court challenges since its inclusion in the GNU, including a challenge to the Employment Equity Amendment Act (EEAA) and the Expropriation Act.
The party argues that these laws are unconstitutional and will negatively impact the economy.
The DA's lawyers will appear in the North Gauteng High Court to challenge the EEAA, which the party believes will repel investors and discriminate against certain races.
The party's Federal Council has also passed a motion supporting Section 25 of the Constitution, which states that compensation for expropriated property must be "just and equitable" as determined by a court of law.
The DA will pursue a constitutional challenge to the Expropriation Act in the High Court, arguing that it poses a direct threat to the rights enshrined in the Constitution and undermines the country's investment climate.
Rise Mzansi spokesperson Mabine Seabe said his party would like to see the Clearing House Mechanism terms of reference finalised, so that the body has full effect.
'The body is only as good as the terms of reference and the goodwill of the signatories to the Statement of Intent. We will continue working through all fora to ensure that South Africa is a better place in 2029 than it is today,' Seabe said.
The Good Party's Brett Herron said the Clearing House had only dealt with one substantive dispute - on the implementation of the BELA Act - which was raised by the DA in the first Clearing House meeting.
'Although we dealt with the BELA Act it was not, in our view, a matter that was appropriately brought to the Clearing House. The dispute should've arisen in the GNU cabinet or between the Party Leaders and then be referred to the Clearing House as a dispute resolution mechanism,' Herron said.
'The Expropriation Act has already been passed by the last parliament and signed into law by the President. It's a product of another election mandate.
'If the DA wants to persuade the GNU parties to amend policy on expropriation it should raise the issue in the cabinet or the GNU party leaders forum and if their proposal leads to a dispute or cannot be resolved there, then it could be referred to the Clearing House,' he said.
Herron further said the Clearing House was not the place for the DA to reopen debate on policies and laws that it had already lost.
Despite the parties' skepticism, the GNU Clearing House Mechanism, led by deputy president Paul Mashatile, has made efforts to address disputes within the GNU.
The mechanism held its inaugural meeting on October 16, 2024, where it welcomed the draft Terms of Reference and agreed to finalise them in the next meeting.
The meeting was convened by Mashatile, who emphasised the importance of resolving policy disagreements within the GNU.
Political analyst Dr John Molepo said the effectiveness of the GNU Clearing House Mechanism remains to be seen.
'While this mechanism has provided a platform for discussion and resolution of disputes, the DA's continued court challenges raise questions about its ability to address the complex issues at hand,' he said.
Mashatile's acting spokesperson was unavailable for comment on Tuesday.
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Dr. John Hlophe, MKP deputy president and leader of the opposition in the National Assembly, told the country's highest court that Zuma brought the application in his personal capacity as a voter, taxpayer and citizen as well as ex-president. 'The events dealt with in this matter involve the subversion and multiple infringements of the fundamental rights of a citizen including political and socio-economic rights,' explained Hlophe. Zuma and the MKP approached the Concourt after the Presidency refused to accede to a letter of demand from their lawyers, T. Mpumlwana and Associates, for Ramaphosa to resign and withdraw last Sunday's public announcement of the commission, Mchunu's leave, Cachalia's appointment, effective from August 1, and that of Mineral and Petroleum Resources Minister Gwede Mantashe as acting police minister until Cachalia occupies the position. The Presidency was threatened with an urgent Constitutional Court application, a motion of no confidence by the MKP working with other political parties and rolling mass action and peaceful demonstrations to force Ramaphosa to step down as president. In response, the Presidency's acting head of legal and executive services Geofrey Mphaphuli said they will not be acquiescing to the demands as the terms of reference of the commission are yet to be published in the government gazette and the appointment of Cachalia has not been finalised. 'The complaints by your clients are therefore premature, ill-informed and misplaced and any approach to the courts would similarly be so affected,' Mphaphuli stated. Hlophe's founding affidavit explained that the application concerned the urgent matter of utmost public importance and taking it to the lower courts would serve no useful purpose as the continuing depletion of taxpayers' money is also of relevance. According to Hlophe, placing Mchunu on leave of absence is irrational, tainted by bias, blatant inconsistency and other forms of favouritism as there is no provision for the president to take such a decision, which is a fancy phrase for suspension with pay. He argued that Mchunu is one of Ramaphosa's closest allies in the ANC's factional battles and has presided over the classification as top secret of the report of the Independent Police Investigative Directorate's probe into the February 2020 theft of foreign currency at the president's Phala Phala farm in Limpopo. 'The inference is therefore irresistible that were it not for their political and factional affinities, Ramaphosa would have duly dismissed Mchunu as he is perfectly entitled and legally empowered to do. "Like Caesar's wife, the political friends and allies of the president must be above suspicion,' added Hlophe. 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