Is the ANC quietly rewriting empowerment

Gwede Mantashe's removal of B-BBEE rules for prospecting rights has ignited criticism from labour and activists, raising fears of a shift in policy.
Is the ANC-led government of national unity (GNU) about to sell out on the principle of broad-based black economic empowerment (B-BBEE), the policy which has formed the bedrock of ANC policy and which has been in the crosshairs of its critics recently?
That's the question which arises from the decision of Minerals and Petroleum Resources Minister Gwede Mantashe to remove the requirement for B-BBEE participation in prospecting rights.
According to some NGOs involved in the mining sector, Mantashe caved in to pressure from the mining lobby, not only on the prospecting licence rules, but also on the requirement that the minister must approve any change in control of listed companies that own mining rights.
The latter means that the government would be unable to track owners and assign responsibility to them for cleaning up mining sites once an ore body has reached the end of its profitable life.
That, say Mantashe's accusers, means potential environmental damage on a huge scale.
ALSO READ: 'Is it greed or jealousy?': Ramaphosa fires back at critics of BEE, Transformation Fund
But it is the amendment to empowerment rules which has angered groups like organised labour, because there seems to be no logical reason for the deviation.
The latest development comes after Communications and Digital Technologies Minister Solly Malatsi was pilloried for allegedly trying to soften empowerment law to allow Elon Musk's Starlink to operate in South Africa.
That this was an incorrect reading of both the law and what Malatsi said made no difference to his enemies, who claimed the DA minister was 'selling out' B-BBEE.
There is also some concern about whether the ANC is feeling the pressure of people like the right-wing lobby and its powerful friend, US President Donald Trump, who view empowerment laws as apartheid in reverse.
It seems unlikely the ANC would roll back these laws because it would be punished at the ballot box. Which leaves another question: What is Mantashe up to?
NOW READ: Cosatu says debate on B-BBEE is needed for beneciaries' benefit

Try Our AI Features

Explore what Daily8 AI can do for you:

Learn with AIFact CheckingText to SpeechAI Summary

Related Articles

IOL News

2 hours ago

• IOL News

The weaponisation of intelligence in SA politics

Nco Dube a political economist, businessman, and social commentator. Image: Supplied The recent revelation by former uMkhonto weSizwe Party Secretary General Floyd Shivambu, who claims he was sacked on the basis of a fake intelligence report, is neither new nor surprising in the context of South Africa's post-apartheid political landscape. Instead, it is the latest in a long line of controversies where unverified intelligence reports have been deployed as weapons in intra-party feuds, factional battles, and the broader contest for power, often with former president Jacob Zuma at the centre. The use of intelligence reports—real, doctored, or entirely fabricated—as tools for political ends is deeply embedded in our recent history. The so-called 'Browse Mole Report' is a prime example: a controversial document that allegedly implicated various political figures and was used as justification for decisive political actions, despite its questionable provenance. Throughout Zuma's presidency and beyond, a series of unverified intelligence reports have surfaced, each conveniently appearing at moments of heightened political tension, often to the detriment of Zuma's rivals or critics. These reports have not only been used to discredit opponents but have also served as pretexts for removals, suspensions, and even criminal investigations. The pattern is clear: intelligence, or at least the suggestion of it, becomes a bludgeon in the hands of those seeking to manipulate outcomes within the ANC (or its offshoots like the EFF and the MKP) and the state at large. Another one of the most infamous cases was the so-called 'Operation Check Mate' intelligence report. In March 2017, then-President Jacob Zuma abruptly instructed Finance Minister Pravin Gordhan to cancel an international investor roadshow and return to South Africa. The only explanation offered was an 'intelligence report' alleging that Gordhan was plotting with foreign interests in the UK and the US to overthrow the state. The report's existence and authenticity were never substantiated, and it was widely dismissed as a fabrication designed to justify Gordhan's removal and facilitate a cabinet reshuffle. In December 2021, journalist Thabo Makwakwa received a purported State Security Agency (SSA) report alleging that the United States had infiltrated the ANC's leadership to the point of influencing or subverting national policy. The report was used to justify a High Court gag order preventing publication, ostensibly for reasons of national security. However, the Supreme Court of Appeal later ruled that the classification of the report as 'secret' was unjustified and that its suppression served the political interests of the ANC, not the country. The court's decision exposed how the SSA's mechanisms were misused to fight internal ANC battles and highlighted the blurred lines between party and state. There have also been instances where fake intelligence reports were used to push false claims of judicial corruption. Political figures like Bantu Holomisa, Julius Malema, and former Public Protector Busisiwe Mkhwebane have been accused of leveraging such reports to undermine the judiciary's credibility. These tactics not only damage individual reputations but also erode public trust in key democratic institutions. Another example is the 'enemy of the state' dossier targeting the National Union of Metalworkers of South Africa (Numsa). This fake report surfaced during a period of intense labour and political contestation, aiming to discredit Numsa leaders and justify state surveillance or action against them. The report was later exposed as baseless, but not before it had caused significant disruption within the union and the broader labour movement. The Supreme Court of Appeal's rulings and investigative journalism have repeatedly shown how the SSA has been weaponised to serve the interests of particular ANC factions. The agency's resources and credibility have been compromised by their use in intra-party feuds, often with little regard for legality or national interest. Shivambu's claim that a fake intelligence report was used to justify his removal fits seamlessly into this established pattern. His experience reflects the broader reality of intelligence being weaponised in the service of political factionalism. The implications of his allegations are profound: they highlight the persistent challenge of verifying intelligence in a context where its very existence is often shrouded in secrecy and where the mere mention of a 'report' can be enough to destroy reputations and careers. Why Intelligence Is So Easily Weaponised South Africa's intelligence community has its roots in the clandestine operations of both the apartheid regime and the liberation movements. The skills, networks, and mindsets developed during those years did not simply disappear with the advent of democracy. Instead, they were repurposed, sometimes for noble ends, but often for the pursuit of personal or factional power. The ANC, as the dominant political force, has long been riven by internal divisions. Intelligence operatives and their reports are frequently drawn into these battles, not in the service of national security, but to gather dirt on rivals, discredit them, and sway internal elections. This dynamic has only intensified as the stakes have grown, with control of the state and its resources hanging in the balance. The Zuma Factor Jacob Zuma's career is inextricably linked with the intelligence world. As a former head of intelligence for the ANC in exile, Zuma has always understood the power of information and disinformation. His rise to power and his presidency were marked by a proliferation of intelligence-related scandals, from the so-called 'spy tapes' to the endless stream of dossiers implicating his enemies in plots, corruption, or treason. Zuma's embedded relationship with intelligence operatives, both official and shadowy, allows him to cultivate an aura of omniscience and threat: his opponents could never be sure what he knows, what he was willing to fabricate, or how far he would go to protect himself. The Mechanics of Fake Intelligence Reports Fake intelligence reports are typically crafted by individuals or groups with access to the language, format, and networks of the intelligence community. They are then leaked, sometimes anonymously, sometimes through willing intermediaries, to the media, party structures, or law enforcement agencies. The reports are rarely subjected to rigorous verification; their power lies in their ability to sow doubt and suspicion, not in their factual accuracy. Once in circulation, these reports serve multiple functions, discrediting political opponents by associating them with scandal or criminality. They then justify suspensions, removals, or investigations under the guise of 'due diligence,' creating an atmosphere of fear and mistrust, deterring would-be challengers from stepping out of line. The media, often hungry for scoops and exclusives, can become unwitting amplifiers of these reports. Even when journalists are sceptical, the mere existence of a 'leaked intelligence report' is newsworthy, and the damage to reputations is often irreversible, regardless of subsequent denials or debunking. Few, if any, of those responsible for producing or disseminating fake intelligence reports are ever held to account. The ephemeral nature of these documents and the secrecy that surrounds them make it difficult to trace responsibility or impose consequences. For those in power, the ability to instill fear and uncertainty is a potent weapon. Zuma's Legacy: Intelligence as a Source of Power and Control Zuma's presidency did not invent the use of intelligence as a political tool, but it did elevate it to an art form. By cultivating relationships with both official intelligence operatives and shadowy figures, Zuma created an environment where information, real or fabricated, became the currency of power. His willingness to deploy intelligence innuendo, to hint at plots and conspiracies, and to use reports (however dubious) as justification for political action has left a lasting mark on South African politics.

IOL News

3 hours ago

• IOL News

Joburg council under fire for questionable acting appointments and secondments

The City of Johannesburg council has been warned against approving the extension of several acting appointments, including that of temporary City Manager Tshepo Makola. Image: Nhlanhla Phillips / Independent Newspapers The City of Johannesburg has been warned against extending several acting appointments in senior positions. It has also asked Gauteng Cooperative Governance and Traditional Affairs MEC, Jacob Mamabolo, to second top officials to act. This week, the ANC-led Government of Local Unity tabled in council a report on the progress made in filling senior manager positions, the current recruitment of senior manager positions, vacant senior manager positions, and current acting arrangements. In acting City Manager Tshepo Makola's position, council was due to permit Mayor Dada Morero to request in writing that Mamabolo second a suitable candidate, on such conditions as prescribed, and/or to request the extension of his current acting appointment to act in the advertised position of city manager until such time a suitable person has been appointed. There are also positions of managers directly accountable to the city manager that the council wanted to authorise Makola or his delegate to request Mamabolo to second a suitable candidate, on such conditions as prescribed, and/or to appoint any internal suitable divisional senior manager to act in the advertised position of a manager directly accountable to the city manager, until such time a suitable person has been appointed. 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 ✕ Ad loading The positions, all in acting capacities, include Group Head of Communication and Marketing Candice Molefe, Executive Head: Social Development Dr Tinashe Mushayanyama, Head of the Public Safety Department Andries Mucavele, Chief Operations Officer, Helen Botes, Executive Head: Human Settlements Oupa Nkoane, and Executive Head Office of the City Manager Siyabonga Nodu. In Mushayanyama and Molefe's acting appointments, the city sought Mamabolo's agreement to extend the acting period by three months, or until such time a suitable person has been appointed. According to the municipality, legislation concerning a vacant city manager position appears to authorise requesting a secondment from Mamabolo only after the initial six-month acting period has lapsed, but does not allow a request for a waiver, or to appoint an acting city manager from its current directly accountable managers. 'In respect of managers directly accountable to the municipal (city) manager, the legislation is silent and does not instruct for a request for secondment, meaning the municipality may appoint another person to act as a manager directly accountable to the city manager,' noted the City of Joburg. The municipality also indicated that a 2022 circular on the implementation of the Municipal Systems Amendment Act seems to suggest that after the lapse of six months, the municipal council must request for secondment. However, the DA has warned against the 'troubling' move, stating that the council, or any other official within the city, lacks the legal authority to appoint a different person to act in a vacant position after the expiry of another person's three-month acting period. 'Yet it appears that that is precisely what has occurred within the city. Council does not have the power to 'approve' or 'ratify' expired acting roles, including acting roles that have surpassed three months,' the DA cautioned on Wednesday, through its lawyers, Minde Schapiro & Smith Inc. The party said Makola requested Mamabolo to extend the acting periods that have already expired when he (Mamabolo) has no such power. Makola disclosed no 'special circumstances' or 'good cause' warranting an extension of the acting appointments, according to the DA.

Eyewitness News

7 hours ago

• Eyewitness News

Godongwana thinks political parties should be wholly funded from national fiscus

CAPE TOWN - Finance Minister Enoch Godongwana is of the view that political parties should be wholly funded from the national fiscus and not have to accept private donations. Speaking to the Independent Electoral Commission (IEC)'s political funding conference in Durban on Thursday, Godongwana said it's unacceptable that some political parties don't submit annual audited financial statements. Godongwana's own political party, the African National Congress (ANC), was among those fined by the Electoral Court last year for falling foul of the law in this regard. The finance minister questioned whether the IEC was the appropriate body to keep political parties in check over their finances, saying it puts the institution at risk of accusations of bias and a lack of independence. "I'm from the ANC. When they do it to us, we say they've been captured. When they do it to another party, they say Ramaphosa has sent them." With a court challenge still pending over plans to double the annual private funding limit to R30 million, while also raising the threshold for declaring donations to R200,000, Godongwana said he hoped the matter was settled before next year's local government elections. He said that the conference should consider the implications of political parties purely being funded by the state. "That raises the question: What is the optimal level of funding and what is the criteria for that? We complain that departments are inefficient. Should we fund political parties for inefficiencies as well?" Godongwana also hinted that if the revenue allowed, more money could be set aside to fund next year's local government election, in addition to the R1.4 billion already allocated in this year's budget.