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BusinessDay www.businessday.co.za Thursday 17 November 2022
NATIONAL
Cosatu says bill on schools is too broad
• Proposed penalties for school disruptions criticised Tamar Kahn Labour federation Cosatu, which counts SA’s biggest teachers’ union among its members, has urged parliament to scrap provisions in the contentious Basic Education Laws Amendment Bill that criminalise disruption of schools. Parliament’s basic education committee has been hearing oral submissions on the bill, which contains wide-ranging reforms that include a ban on any disruption to schooling. The bill makes it an offence to “interrupt, disturb or hinder any school activity”, with penalties that include a fine or up to 12 months in prison. This includes teachers and pupils. “This definition of school disruptions is too broad, unconstitutional and will effectively criminalise teachers and education workers for exercising their constitutional and legal rights to picket, protest and strike,” Cosatu said in its submission. “Such a ban won’t pass constitutional muster and will be challenged in the Constitutional Court if not removed by parliament from the bill.” The SA Democratic Teachers Union (Sadtu), which represents 26,400 of SA’s 400,000 teachers, said people who disrupted schooling should be penalised,
Matthew Parks but the bill went too far. The bill should specifically exclude educators or union members who had embarked on a protected strike, it said. “There are sufficient existing laws pertaining to criminal conduct and violent protests, and (this) should not be the legislative tool where such activities are dealt with,” it said in its presentation to the committee. Cosatu’s parliamentary coordinator Matthew Parks said the organisation was opposed to the bill’s provisions allowing schools to sell alcohol on their premises as part of their fundraising activities, as it sent the wrong message to teenagers
and had the potential to fuel violence and trauma. Many school governing bodies supported alcohol sales on the premises, as they raised funds by renting out school properties for functions such as weddings, he said. “Whilst there is a place for the responsible consumption of liquor in society, school is not that place,” he said. “Young people are particularly susceptible to alcohol and binge drinking. If we are serious about tackling alcohol abuse, then parliament must remove the provisions allowing alcohol sales at schools,” he said. Parks said the bill’s provisions extending compulsory schooling from grade 1 to grade R should be taken a step further, and extended from grade 9 to grade 12. A large number of learners dropped out of school after grade 9, without the skills required by the labour market, and are condemned to lowpaying jobs with few prospects, he said. The growing pool of workers with limited education was hampering economic growth, he said. Learners should be required to stay in school until grade 12, or pursue courses at technical and vocational education training colleges. kahnt@businesslive.co.za
SOE EMPLOYEES
Gungubele or Kodwa must report to Scopa on SSA vetting, say parliament’s lawyers Linda Ensor Parliamentary Writer Minister in the presidency in charge of the State Security Agency (SSA) Mondli Gungubele, or deputy Zizi Kodwa, must abide by the request of parliament’s standing committee on public accounts (Scopa) to report on SSA vetting of employees of state-owned enterprises (SOEs), or be summonsed to do so if they refuse. This is the legal advice given to Scopa by parliament’s chief legal adviser, Zuraya Adhikarie. Scopa decided on Wednesday on the basis of the legal opinion that it will write to Gungubele to ask him and the SSA to appear on November 30, failing which he and the SSA will be issued with a subpoena. Scopa wanted Gungubele or Kodwa to report on the vetting of Eskom employees, particularly those involved in supply chain management after it emerged that few had been vetted. But Gungubele refused, saying that he was by law only obliged to report to parliament’s joint standing committee on intelligence (JSCI), which holds closed meetings. But Adhikarie countered this, saying that to argue that such update is part of “accountability to the JSCI” as the minister is doing, and therefore that only the JSCI may hold the SSA to account, is a narrow interpretation of the Intelligence Services Oversight Act 40 of 1994, that could lead to a situation that is inconsistent with the constitution and the requirement to maintain oversight of all organs of state. “The Intelligence Services
Taking a stand: Minister in the presidency Mondli Gungubele previously refused to report to Scopa on the vetting of Eskom employees and insisted he was obliged to report only to the JSCI. /Freddy Mavunda/ Oversight Act provides that certain matters must go to the JSCI, but does not preclude other committees from looking at such reports, for example the audited financial statements of the SSA. “Should the minister refuse to report to Scopa, Scopa may initiate the process to summon the minister to provide the said information. We advise accordingly.” Adhikarie said Scopa was empowered by law to request the update on the vetting of employees of SOEs. This was
not a matter in the exclusive domain of the JSCI. Scopa also had the legal right to consider the financial statements and related matters of the SSA to fulfil its oversight mandate. She said if it was reasonable and justifiable, the public and the media could be excluded from the Scopa meeting where the vetting information was provided. “Closure would only be necessary in as far as the SSA can demonstrate that the disclosure of information could reasonably be expected to prejudice the defence, security or interna-
tional relations of the republic.” Scopa chair Mkhuleko Hlengwa has noted that there is precedent for state security ministers to appear before Scopa. At a Scopa meeting in October, MPs were informed only five of 21 senior Eskom executives had been granted security clearance. The vetting status of the other executives was still “in progress”, including that of the group CEO and the acting GM for procurement. It was at this meeting that Scopa suggested a meeting with the SSA to follow
up on the status and progress of the vetting process. Hlengwa wrote to Gungubele in October, requesting a report by the presidency on “the vetting of all officials that were vetted and not vetted, and their positions, particularly in Eskom. The exercise should include the executive”. The request was based on a 2014 cabinet directive that all organs of state be screened, especially in supply-chain management departments. An internal report by the committee’s secretariat noted that it was “imperative that adequate processes concerning the screening and security vetting of employees be put in place. Most officials occupying positions involving huge responsibilities within the organs of the state have not been vetted. There are no regulations that attach sanctions to individuals and heads of institutions who fail to cooperate or avail themselves for the vetting process”. A cabinet directive to have all senior management and officials in supply-chain management units in government departments and entities vetted had not been fully implemented, the report said. Scopa has previously raised concerns about the slow progress in screening public officials in government departments and state-owned entities (SOEs). “There was a lack of enforcement of the cabinet approval of the national vetting strategy. Some senior officials of the SOEs simply refused to be vetted and there were no consequences taken against them,” the report noted. ensorl@businesslive.co.za
INSIGHTS: ALCHEMY LAW
Merger: springboard for strategic growth presents •anThis opportunity to enhance firms’ collective expertise, writes Lynette Dicey
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he increasingly volatile social, economic and political environment gave rise to the need for increased speed and dexterity to address several complex legal issues, many of which existed in the arena of commercial law. For legal advisory firms Alchemy Law Africa and Roodt Incorporated, the solution to serving evolving client needs was found in strategic collaboration — a well-timed catalyst for a merger, built on a shared appreciation for the “art of law”. The recent establishment of Alchemy Law was the culmination of a merger between Alchemy Law Africa and Roodt Incorporated — two commercial legal advisory firms that have built reputations on their long-standing commitment to excellence and a bespoke service offering in areas such as banking and finance, BBBEE, capital markets, corporate law, competition, dispute resolution, mergers and acquisitions, mining and resources, and restructuring and insolvency. According to Johan Roodt, chairman of Alchemy Law, the firms’ joint experience in providing professional services in the areas of corporate law served as a springboard for strategic growth in the “new normal”.
Johan Roodt … bespoke services.
Morné van der Merwe … legacy.
Wildu du Plessis … diversity.
“The current market has seen a dramatic upsurge in the appetite for bespoke legal services that can help clients mitigate the uncertainties of the local and global climate. For us, the merger was an intuitive
solutions to produce expert, business-like solutions. “We refer to this as ‘the art of law’. Going forward, we will continue to lean on the strengths that lie in the diversity of our individual and collective experiences and energies.” The newly formed Alchemy Law specialises in complex cross-border, African-focused legal matters, which calls on its team members to draw on their local and international expertise. As lead counsel, the firm will operate across several jurisdictions and time zones, empowering clients with the advantage of a world-class level of service. The firm utilises technology and resourcing to support its nimble approach to corporate and commercial law “We differentiate ourselves by providing transparency, certainty and flexibility in today’s competitive marketplace,” says partner Morné van der Merwe. “We are well positioned to
deal efficiently with the issues that arise as we explore new avenues and territories within the legal arena. We consider ourselves as being a disruptive legal advisory firm with the ability to play a key role in shaping the sector of the future and putting our clients at the forefront of those pivotal changes,” he says. “We look forward to the prospects that this merger presents and remain optimistic that it will provide us with the impetus to build a lasting legacy by developing the next generation of business-minded, solution-orientated lawyers.”
THE NEWLY FORMED ALCHEMY LAW SPECIALISES IN COMPLEX CROSS-BORDER, AFRICAN-FOCUSED LEGAL MATTERS progression and an opportunity to enhance our collective expertise in serving these emerging needs,” says Roodt. The operational philosophy of Alchemy Law stems from the concept of alchemy. Partner Wildu du Plessis explains that the concept represents the ability to combine advisory
THE FIRM UTILISES TECHNOLOGY AND RESOURCING TO SUPPORT ITS NIMBLE APPROACH TO CORPORATE AND COMMERCIAL LAW