Are Ramaphosa's commissions investigative action or political deflection?
Image: Jairus Mmutle/ GCIS
Since taking office in 2018, President Cyril Ramaphosa has established numerous presidential commissions and task teams in South Africa. While these are intended to investigate corruption and address crises, critics argue that they serve as a costly substitute for decisive action, often leading to minimal progress.
Ramaphosa's presidency has been marked by an unprecedented number of formal commissions of inquiry and ad hoc advisory bodies, costing millions of rand. Some critics suggest that this approach has prioritised investigations over prosecution, especially of politically connected individuals.
Notable among these are the recent commissions into law enforcement corruption, apartheid-era prosecutions, and the state's response to COVID-19 procurement irregularities.
For instance, earlier this week, Ramaphosa announced aims to investigate allegations of police corruption involving Police Minister Senzo Mchunu, national deputy commissioner Shadrack Sibiya, the judiciary, and the National Prosecuting Authority (NPA).
The commission's establishment follows mounting public concern over the integrity of South Africa's law enforcement agencies and the government's ability to hold influential figures accountable.
Since 2018, President Ramaphosa has established numerous task forces, committees, and commissions.
Some of the most prominent include the Presidential Task Team on Military Veterans, led by the late Deputy President David Mabuza, which focuses on veteran welfare and the Zondo Commission.
The Presidential Climate Finance Task Team tasked with mobilising funds for South Africa's energy transition, the National Logistics Crisis Committee, responsible for addressing infrastructure collapse and vandalism in logistics sectors, G20 Task Forces covering inclusive economic growth, food security, and artificial intelligence/data governance during South Africa's G20 presidency are among some of the commissions.
In addition, several commissions of inquiry have been set up to probe sensitive issues, including the Inquiry into Law Enforcement Agencies and the Commission of Inquiry into Delayed TRC Prosecutions.
Since 2018, more than eight commissions have been established, with some critics questioning their effectiveness.
Opposition parties have been vociferous in their criticism. Vuyo Zungula, leader of the African Transformation Movement, argued that 'appointing commissions is often a way for the president to deflect public outrage rather than pursue real accountability.'
Zungula strongly advocated utilising existing institutions like the Special Investigating Unit (SIU), which he believes has a proven track record of prosecuting corruption.
Similarly, Mmusi Maimane, leader of Build One South Africa, has called for the revival of the now-disbanded 'Scorpions,' an elite police unit known for probing top political figures and corruption allegations. This entity was dissolved amid political controversy.
Political analysts interpret Ramaphosa's extensive use of commissions as a strategic move.
Dr Ntsikelelo Breakfast suggests that 'this is a well-calculated political response,' highlighting concerns over the pace and effectiveness of these investigations.
'While placing Mchunu on leave is a good move, he prolonged timelines of these commissions risk creating a sense of inertia,' Breakfast warned.
Ian Cameron, chairperson of the Portfolio Committee on Police, voiced a familiar frustration.
'We've seen this movie before. The Zondo Commission cost taxpayers billions, yet few of its recommendations have been implemented, and no kingpin is behind bars.'
In response to mounting criticism of the commission to investigate police corruption, President Ramaphosa's spokesperson, Vincent Magwenya, stated the government's commitment to transparency and accountability.
'The commission's reports will be delivered within strict timelines- an interim report within three months and a final report in six,' Magwenya stated.
He added, "If any compelling evidence emerges during the process, it will be handed over to prosecuting authorities immediately.'
Magwenya insisted that 'the President is not shielding anyone,' reaffirming Ramaphosa's stance that these investigations aim to uncover the truth and restore public confidence.
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Experts say that the trust deficit in most government institutions, if not all, is a systematic issue. Pictured is South African president, Cyril Ramaphosa. Image: Supplied South African citizens have had enough of poor service delivery, high levels of crime, corruption, unresponsive government, and public institutions; they believe that they have been taken for granted for too long. As a result, public trust and confidence in government and public institutions are at their lowest at present, experts say. A recent survey by the Human Sciences Research Council (HSRC) revealed that South Africans' trust in government institutions has declined, with the police recording 22%, the lowest since 1998. There is a trust deficit in almost all government institutions, including the Parliament. Professor Purshottama Reddy, a Public Governance expert from the University of KwaZulu-Natal, stated that the tolerance levels of the citizenry have reached their limit with compounded issues of poor municipal service delivery, notably load shedding, water outages, inflated municipal billing, and urban decay. Reddy said the erosion of public trust in South Africa's government has gradually occurred over three decades, but has significantly accelerated in the past decade. 'It started with the ushering in of coalition governments at the local level from around 2016, 2017, the deliberations of the Zondo Commission, and finally leading up to the May 2024 elections. 'I think that developments in the past week (the explosive allegations by KZN Police Commissioner Lieutenant General Nhlanhla Mkhwanazi against police minister Senzo Mchunu, whom he accused of involvement in criminal syndicates) were the straw that broke the camel's back,' he said. He added that public institutions should be open and transparent in all their operations to restore confidence in the populace. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ 'All government activities should be open and transparent. The processes for appointments, suspensions, and dismissals, decision-making should be inclusive, and provision should be made for greater diversity in terms of different ethnic groups, as well as political representation, like what we are having now in the government of national unity. 'Some of the transgressors in some of the more widely publicised cases should be tried and sentenced. And that should send a strong message that the government is quite serious about curbing the scourge of corruption, reducing crime, and more importantly, enhancing service delivery, particularly concerning basic services,' Reddy said. He added that the anti-corruption agencies, oversight bodies, and the office of the public protector can be strengthened by appointing individuals strictly on merit. That is, people who have the qualifications, experience, expertise, and are independent. They should be firm, decisive, and undertake their tasks without favour or fear. But how did we get here? Reddy said that in 1994, when the ANC took over, the first decade of democracy went extremely well because many public functionaries, both politicians and officials, were very dedicated and sincere. He added that the first public functionaries had the requisite experience and qualifications, and they occupied senior positions, resulting in a very effective government. 'There was a high level of trust in the government then. The rot began in the second decade of democracy when some younger politicians and public servants came in. There were also a lot of political appointments to positions because of their standing in the political party, or some role they played in the struggle. The level of dedication and sincerity in terms of serving the communities was reduced somewhat. 'A lot of us did not have any problems with the people that were involved with the struggle being appointed, and so on. But, once these people were appointed, they brought in a whole lot of their friends and relatives, who did not have the qualifications, experience, which constituted a problem. And to a certain extent, this compromised service delivery,' Reddy said. He added that major governance challenges began in the second decade of democracy. These included poor service delivery, corruption, high crime levels, a lack of political and management will, a lack of inclusivity and diversity, unfulfilled promises of economic growth and job creation, and unethical leadership by public functionaries, as well as the absence of a merit-based system. 'We also saw a large number of coalitions being established at the local level, and that also created a great deal of instability in local government, because there should be guidelines governing these coalitions. 'The first of the major considerations should be service delivery. 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That process takes too long and it's too complicated, Mchunu said. 'Local government is low on trust, provincial government, national government, and even trust in political parties is very low. A trust deficit has happened in the country's democracy, and most institutions, if not all. 'We run the risk of having an illegitimate state of government in the sense that people need to endorse the state or state institutions. The minute that does not happen, people are not likely to comply or support state initiatives or projects, which essentially rely on citizens to embrace and buy into the idea of whatever it is the state is seeking to achieve,' Mchunu said. He added that an example would be the 2021/2022 national lockdown caused by Covid-19, where a lot of state guidelines were not necessarily followed, after the allegations of Personal Protective Equipment (PPE) corruption emerged. He said citizens want to see action. They want to see change; they want to see service delivery. 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Naledi Kuali, executive director of Defend Our Democracy, said failure to hold corrupt officials and dismantle criminal networks has resulted in a severe loss of public trust, an environment where the government is viewed as endorsing corruption. 'It is one thing for people to know corruption and state capture exist; it is another for service delivery to be so poor that people are so gravely and intimately affected by it in their everyday lives. It shows a contempt for the people and an unwillingness to be held to the promises made. Communities have stopped looking to leadership for assistance, which manifests in resentment and hopelessness towards our democracy,' Kuali said. She said accountability and transparency are effective in rebuilding public trust, adding that leadership needs not only to distance themselves from corruption but lead in a way that makes it unsustainable for the actor. 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