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South Africa: The argument for redefining presidential powers in SA

South Africa: The argument for redefining presidential powers in SA

Rédaction Africa Links 24 with Stephen Grootes
Published on 2024-03-24 20:58:39

In his opening address at the recent Daily Maverick The Gathering Twenty Twenty-Four event, former finance minister Trevor Manuel raised a crucial question about the vast powers held by the president in South Africa. He questioned whether there should be a national conversation about the extent of presidential prerogatives, such as the authority to appoint Cabinet and deputy ministers, heads of security and intelligence services, and foreign representatives without any oversight. Manuel highlighted the importance of reevaluating these powers in light of the State Capture era and the implications it had on governance.

The issue of presidential powers came to the forefront during Jacob Zuma’s presidency, particularly in his appointments to key positions like the National Prosecuting Authority and the State Security Agency. Zuma’s appointments were often criticized for enabling corruption and abuse of power, as seen in the case of Menzi Simelane at the NPA and Arthur Fraser at the SSA. The misuse of intelligence services, as warned by analysts like Aubrey Matshiqi, further underscored the need for a reevaluation of presidential prerogatives.

Comparing South Africa to other democracies, where directly elected presidents have the power to make key appointments, the dynamics of the political system in SA present unique challenges. The indirect election of the President by members of Parliament complicates the predictability of leadership changes and appointments. This unpredictability becomes even more significant in situations of coalition governments, where the distribution of power and appointments could become bargaining points.

Calls for transparency and accountability in appointments have been made, with suggestions for advisory panels and consultation processes to guide presidential decisions. However, balancing the need for swift action with the desire for transparency poses a challenge, as seen in cases like the appointment of Edward Kieswetter at SARS, where quick reforms were necessary.

Despite concerns raised by Manuel and others about the need to reassess presidential powers, the likelihood of significant reforms remains slim. Political parties and politicians often leverage these powers for their advantage, making deals that suit their interests. Citizens’ engagement and advocacy for reducing presidential powers could potentially shift the conversation, but substantial changes would require broader political will and consensus.

In conclusion, the conversation around presidential powers in South Africa is vital for promoting good governance and accountability. By critically examining the extent of presidential prerogatives and advocating for transparency and checks on executive authority, there is an opportunity to enhance democratic principles and prevent the misuse of power in the future. It remains to be seen whether citizens and political actors will prioritize reforming presidential powers to strengthen the country’s democratic institutions.

Read the original article on Daily Maverick

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