Government clarifies misrepresentation of the Constitution
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Key Points
- Government clarifies that Section 89 of the Constitution (Presidential removal) is unrelated to SOE governance or performance
- SOEs remain critical to economic growth, infrastructure, and service delivery despite challenges
- Government emphasizes improved governance and financial recovery in some SOEs
- No direct policy or procurement changes announced, but reinforces constitutional literacy for public discourse
Government has noted with concern remarks made by Dr Charles Sinkala during a recent television interview on SABC, in which he incorrectly claimed that Section 89 of the Constitution of South Africa was responsible for the decline of State-Owned Enterprises (SOEs).
Section 89 of the Constitution specifically provides for the removal of the President by the National Assembly under defined circumstances and it does not relate to the governance, administration, or operational management of SOEs.
“Government wishes to inform that several State-Owned Enterprises continue to play a critical role in economic growth, infrastructure development, service delivery, and national development,” said Deputy Government spokesperson, William Baloyi.
“A number of SOEs have demonstrated resilience, improved governance, financial recovery, and operational progress, despite existing challenges. It is therefore inaccurate and misleading to suggest that the Constitution or Section 89 is responsible for the performance of SOEs.
“It is therefore important to correct this wrong assumption and prevent the spread of misinformation. Public commentary on constitutional matters carries significant responsibility and should be grounded in factual and accurate interpretation of the law,” Baloyi said.
Baloyi said government remains committed to promoting informed public engagement, constitutional literacy, and constructive national dialogue.
“Government further urges all public commentators, analysts, and media platforms to exercise due diligence when discussing matters of constitutional interpretation and governance in order to avoid misleading the public,” he said. – SAnews.gov.za