As Ramaphosa Addresses the NCOP over Government Policy for this year He expresses concern over Surveillance bill

As Ramaphosa Addresses the NCOP over Government Policy for this year He expresses concern over Surveillance bill

President Cyril Ramaphosa delivered another address this time to the National Council of Provinces (NCOP) concerning the state of the country in terms of economics, politics, health and society. He of course spoke about the previous elections and service delivery. The president refers to the creation of the Government of National Unity (GNU) between the ANC and nine other parties as coalition partners. The president went on to speak about the injustices of apartheid and its connections to the battle against poverty. The government has made some success in that regard. Ramaphosa also spoke about overcoming the covid Nineteen pandemic.

While the steep rise in food inflation since the Covid pandemic has eased over the last few months, consumers are yet to feel the effects in their pockets. Among the measures to ensure that all South Africans have affordable access to sufficient food, government is looking at whether the basket of food items that is exempted from VAT could be expanded to include more basic products. Another important area is the expansion of the country’s agricultural output. This requires more effective land redistribution and the provision of the support needed by beneficiaries to work the land. We have seen how financial support to small-scale farmers in recent years has significantly increased the cultivation of land. Many South Africans get their food from spaza shops and informal traders. These outlets are an important part of township and rural economies. They provide residents with convenience and value.

 

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The President is making sense when he speaks about lowering the inflation on food items prices. The increase on food items prices has led to a major inconvenience for poorer households that can’t make ends meet. There is the risk of them being forced to skip meals and their children could become malnourished and have stunted growth. Finding alternatives to subsidize basic food stuffs is the start of addressing the problem of malnourishment in the country. The result will be healthier children. Expanding agriculture to encourage food security is another excellent point. Land reform could help as long as it is done in a responsible manner. Training in agriculture management should be a top priority for the state as regards to those who are genuinely interested in the profession. This could a long way in helping would job creation and tackling poverty. Food Security and job creation should be top priorities. In the rural areas.   

 

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Another challenge we have had to confront is energy poverty. We have done well as a country: across almost all municipalities between 80 and 100 percent of households have access to electricity. Yet we have struggled for more than a decade to produce enough electricity to meet demand, which resulted in crippling load shedding. The cost of building new generating capacity, combined with the effects of state capture and mismanagement, has contributed to a steady rise in the cost of electricity for consumers. Even now, NERSA is considering an application from Eskom for tariff increases that will put a further strain on households and businesses. It is vital that we settle on a tariff path that enables Eskom to achieve financial sustainability while not placing an undue burden on consumers of electricity. We have embarked on far-reaching reforms of the electricity sector that will establish a competitive electricity market. 

The President is right to discuss poverty in terms of energy. Access to solar and wind energy should be one of the main goals utilized by the government. Burning fossil fuels like coal won’t last forever. It is up to the GNU to make cleaner energy more affordable for poorer households. Once again decentralization and delegation of power away from the authority of the main executive branch in Pretoria is the key. The provinces should have more say in how their power plants produce energy. The Power grid needs to be decentralized. Raising tariffs on energy imports may be healthy for the economy. There needs to be more of a focus on creating our own renewable energy right here on South African soil. NERSA or National Energy Regulator of South Africa main purpose is to regulate the country’s energy. It needs to press ahead with promoting renewable energies.

It will be interesting to see what reforms the President will introduce to create accessible renewable energy for the destitute.           

The President also requested that the National Assembly consider afresh the Regulation of Interception of Communications and Provision of Communication-Related Information Amendment (RICA) Bill. President Ramaphosa believes the draft law may be vulnerable to constitutional challenge.   

 

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President Ramaphosa is, however, concerned that a number of constitutional matters in the Bill passed by Parliament, require reconsideration so that this important statute achieves its intended purpose without the risk of being set aside by the courts. Having considered the Bill as well as the 2021 Constitutional Court judgment in Amabhungane Centre for Investigative Journalism and Others v Minister of Justice and Correctional Services and Others, President Ramaphosa has expressed his reservations about the constitutionality of the Bill for the following reasons:
In the President’s view, the Bill remains unconstitutional insofar as decisions in terms of section 25A(2)(b) of the draft law may lead to a subject of surveillance never being notified of the surveillance.
The President also believes the legislation is deficient insofar as no review is possible of a decision in terms of section 25A(2)(b) to indefinitely suspend post­ surveillance notification obligations.

It is possible that President Ramaphosa fears that if he signs the bill into law the Democratic Alliance and other minor parties that are members of his coalition may challenge it’s legitimacy. In the Constitutional Court. Ramaphosa may fear signing the RICA bill will spell the end of the GNU. This could lead to new elections if the president and the ANC can’t form a new government. This could prove to lead to unpredictable results. The RICA Bill would not be able to stand up in the country’s highest court if most of its legislative sections are unconstitutional. The whole scandal of the RICA Bill boils down to whether the Intelligence Department which is being granted unparalleled powers by the Bill or if the Intelligence agencies can be relied upon to remain transparent and accountable.

The answer will be no if this bill is passed. The bill will grant to much power to intelligence agencies in spying on those critical of government officials or responsible for investigating them for illicit conduct. The RICA Bill can still be altered.

Article written by:

Yacoob Cassim

Journalist at Radio Al Ansaar