ANC flight to Zim could have been legal
UCT'S Public Law specialist Cathy Powell talks to Refilwe Moloto about how the ANC has crossed lines in hitching a ride to Zimbabwe on the Defence Minister's aircraft.
When asked by a reporter on the runway if the ANC used State resources by flying to Zimbabwe on a SA Airforce plane, Secretary-General Ace Magashlue replied, 'No.'
ANC SG Ace Magashule on ANC delegation using SANDF plane to Zimbabwe... pic.twitter.com/aqJc3ss0cY— Aldrin Sampear (@AldrinSampear) September 9, 2020
President Ramaphosa demanded a report on the matter from those involved, including ANC's Ace Magashule and Tony Yengeni.
On Tuesday it was reported that the ANC has said it will now pay back the money.
Does this decision matter, asks Refilwe?
It's peripheral. It is in effect money lost to corruption, and money lost to corruption should be returned.Cathy Powell, Public Law Specialist - UCT
How could a non-government delegation boarding a government plane of the ministry of defence, and travelling to another state during a pandemic with an international travel ban in place, have been legal, asks Powell?
It could have been legal if Cabinet had decided that it as in the national interests for an ANC delegation to go and speak to Zanu-PF to try and persuade them to stop torturing people for example. If Cabinet decided that was necessary,Cathy Powell, Public Law Specialist - UCT
In summary, Cabinet would have had to decide this action was necessary. The defence minister, after consultation with the finance minister, and permission from the transport minister, could have exercised her power under Section 80 of the Defence Act to allow civilians on a military plane to perform a necessary state function, explains Powell.
Only then, would the ANC delegation have been allowed, although private citizens, onto the plane.Cathy Powell, Public Law Specialist - UCT
Powell says the bigger issue is that no one in state organs and institutions flagged this before it happened.
Listen to the interview below?
The sector is at a tipping point. Arabile Gumede interviews Philippa Rodseth from industry body, the Manufacturing Circle.Read More
Public works Minister Patricia de Lille responds to a slew of allegations made against her by the Democratic Alliance.Read More
Refilwe Moloto chats to iconic satirist Pieter Dirk-Uys is and heritage activist Patrick Tariq Mellett about our complex heritage.Read More
People's Dialogue leader says 'what is the point of a progressive constitution if it is not even respected by its own government.'Read More
Corruption Watch has released its 2020 report on corruption trends. Arabile Gumede interviews CW's Kavisha Pillay.Read More
Secretary at Amadiba Crisis Committee Nonhle MbuthumaRead More
Our finance minister is famous for his Twitter cook-ups, heavy on the garlic, and the latest one did not fail to caue a reaction.Read More
Jackson Mthembu told the media Ramaphosa was very sick, but spokesperson Tyrone Seale later said he had a common cold.Read More
SIU spokesperson Kaizer Kganyago on how far these investigations have moved, an an outcome on the Eastern Cape scooter tender.Read More
Xena Ness, a member at Queer Feminist Artivist Collective, explains why the group has occupied the Airbnb in Camps Bay.Read More