Author: MIL-OSI Publisher

By Busani Ngcaweni

It has been five successful years since government introduced a compulsory pre-entry programme for persons applying to be appointed as senior managers in the Public service – the Nyukela (Step-Up) senior management service (SMS) Pre-Entry eLearning course. 

The launch of the Nyukela programme in April 2020, offered by the National School of Government (NSG), was a decisive step towards professionalising the Public Service, and towards pushing the boundaries of performance and leadership. 

Anyone from within government seeking a promotion, or someone outside the Public Service wishing to join the SMS, must complete the Nyukela programme and pass the necessary assessments before being considered for the post. Nobody will be appointed as a Director, Chief Director, Deputy Director-General (DDG) or Director-General (DG) in the Public Service, without producing a Nyukela certificate. The purpose is to ensure that only those who demonstrate the competencies and mindset needed for optimal performance are entrusted with leadership roles. 

Since its inception, 20 436 participants have completed the course, equipping them to take on critical leadership responsibilities. This also demonstrates commitment towards professionalising the Public Service. 

Catering for various levels

The NSG is now expanding this initiative to make it more inclusive and tailored to various occupational levels. A special pre-entry programme for the executive management level 15 and 16, the DDGs and DGs as well as special advisors to Ministers and other political executives, will be introduced. 

Currently there has been one Nyukela programme for everyone in the SMS and with this new development, the executive managers will have their own programme. The executive Nyukela programme will incorporate more rigorous evaluations to ensure readiness for the complex demands of executive management leadership. The NSG will also extend the Step-Up approach to local government, state-owned entities and security sector institutions. 

As we celebrate five successful years of Nyukela, the NSG will continue contributing to the efforts of building a public service staffed by skilled, selfless and honest professionals. 

Nyukela is part of a suite of compulsory programmes that have been introduced by the NSG, following approval by Cabinet. These include the following; 

• Compulsory Induction Programme (salary levels 1 – 14);
• Executive Induction Programme (salary levels 15 – 16);
• Khaedu training and deployment to service delivery sites (salary levels 13 – 16);
• Ethics in the Public Service (salary levels 1 – 16);
• Managing of Performance in the Public Service (salary levels 6 – 12);
• Supply Chain Management for the Public Service (salary levels 9 – 16);
• Financial Management Delegations of Authority (salary levels 9 – 16);
• Re-orientation in the Public Service (salary levels 1 – 16);
• Basic Project Management for the Public Service (6-12); and
• Advanced Project Management for the Public Service (6-12) 

These courses contribute to the implementation of the National Framework towards Professionalisation of the Public Sector, which promotes a stronger emphasis on merit-based recruitment and appointments, as well as lifelong learning for public servants.

To enrol and complete the Nyukela programme, please register for the self-paced course on the NSG’s website at: https://www.thensg.gov.za/training-course/sms-pre-entry-programme 

*Prof Busani Ngcaweni is the Principal of the National School of Government 

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Portia Maposse is one of the country’s young black women who are gradually invading traditionally male-dominated fields.

The 25-year-old is a systems engineer at the Gibela Rail Transport Consortium in Nigel, Gauteng. Gibela is a black economic empowerment (BEE) rail transport consortium comprising Alstom and uBumbano Rail. 

It was established in 2013, as a ring-fenced company for the execution of the Passenger Rail Agency of South Africa’s (PRASA) rolling-stock fleet-renewal programme. This contract is meant to deliver 600 trainsets to PRASA and provide technical support and related services.

PRASA is an entity of the Department of Transport. 

She joined Gibela in 2023 as a process manufacturing engineering intern and worked her way up to becoming a systems engineer in 2024, bringing her dream to fruition.

“The journey started in high school. I went to a Technical High school where I chose the Mechanical Technology Stream. Then at the university I pursued Mechanical Engineering. I studied at the University of South Africa (UNISA),” she told SAnews, in a recent interview.

This as SAnews visited the consortium’s train manufacturing facility in Dunnottor, Nigel, in celebration of the Decade of the Artisan with special focus on female artisans.

According to the Department of Higher Education and Training, the campaign aims to encourage more young people (high school learners and unemployed youth) to see artisanship as a career of choice.

The visit formed part of the Government Communication and Information System’s (GCIS) celebrations of 30 Years of Democracy.

Asked about her feelings in working in what is considered a male-dominated industry, she said: “Women are now leading in the industry. The industry caters, protects and accommodates women. Opportunities are endless. Always keep in mind that results matter and that women are more powerful.”

Her job at Gibela entails engaging with suppliers to develop systems in accordance with Gibela specifications, then work with cross-functional teams to integrate the systems into the product which is the train.
She also manages the overall systems performance.

“My role aligns with all five values of our company namely, costumer focus and care, innovation, trust and respect, teamwork, and partnership, finally focus and accountability,” she said.

As the only female and the youngest in her team, Maposse is not intimidated by being in the male-dominated industry.
“Age is not a disadvantage, and I will not be young forever. Therefore I am embracing this by being open to learning and appreciating the opportunity given to me. Gender has never been an issue. Not once have I felt different in the work setting thanks to the Gibela culture on gender-equality. 

“It is important to be confident in your abilities and participate actively in the day-to-day work activities. Moreover, be yourself,” she said.

She advised young women who are not sure about their career choices to follow their passion.

“It is important to be confident in your abilities and participate actively on the day-to-day work activities. Be yourself and maintain confidence. 

“Education is key to success. Never stop learning; seek mentorship. Being in positive circles…networking is important in building long term connections within the industry,” she advised. 

Asked about her most memorable moments working at Gibela, Maposse said during her induction days, she had the opportunity to witness a train being manufactured from the profile stage up to testing and commissioning.

“It was during the same period that I had my first train ride experience here on site and it was an amazing and unforgettable experience.”

To the young engineer, democracy means a lot as it has enabled her to be where she is today.

“To me democracy means the importance of youth voices in shaping the future of our country [followed by] the right to free education for all. One might ask why? I would say that is the opportunity I had, and it has led me to where I am today.”

Maposse says she would want to be remembered as a team player that has contributed to the success of Gibela project through innovation and fostering a collaborative environment.

Gibela has a staff compliment of over 1 200 with women making 43% of the workforce.

Gibela’s vision is to elevate South Africa’s commuter rail as the transport mode of choice. – SAnews.gov.za

 

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While many have been looking forward to the long weekend provided by Human Rights Day, its commemoration should not only provide an opportunity to connect with loved ones but should also inspire the nation to reflect on the gains the country has made.

“What is important as we’re about to celebrate Human Rights Day is that we should be a proud nation and country given where we come from,” Deputy Director-General for Court Administration at the Department of Justice and Constitutional Development (DOJ&CD), Lucky Mohalaba told SAnews, in a recent interview with the South African Government news agency. 

March 2025 marks over six decades since the painful events of 21 March 1960 where 69 lives were lost in the Sharpeville Massacre. The massacre came to be as a result of citizens choosing to protest against the then pass laws of the apartheid government.

Lives were lost and many were injured not only in that massacre in Gauteng, but across the country as a whole.

When the country attained democracy in 1994, government declared 21 March as a national day to commemorate Human Rights Day. The month of March was also declared as Human Rights Month.

“[We ought to remember] the atrocities that were committed against the people of this country who were fighting for their rights. Given the forcefulness of the then regime to deny the people of this country their rights, whether it be in [the] health sector, education and so on, we should be very proud about where we come from, and the victories that we scored in 1994.

“At the present moment we should take leave in terms of our constitutional dispensation as South Africans and be proud of the Constitution which offers every one of us our rights as enshrined in the Bill of Rights. I think that should be celebrated given the dark history of this country,” Mohalaba told SAnews.

Contained in South Africa’s Constitution, the Bill of Rights is a cornerstone of democracy and “enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.”

Among its tenets is that everyone is equal before the law and that the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, ethnic or social origin, amongst others.

The Bill of Rights also states that everyone has inherent dignity and the right to have their dignity respected and protected.
The DDG’s comments come as Deputy President Paul Mashatile is set to deliver the Human Rights Day keynote address in the Eastern Cape today.

The Deputy President will deliver the address on behalf of President Cyril Ramaphosa at the Derrick Ferreira Stadium in Kariega which is located within the Nelson Mandela Bay Municipality.

Human Rights commemorative events this year are being held under the theme, “Deepening a Culture of Social Justice and Human Rights”.

“This is a call for a renewed and strengthened commitment from all levels of society, to accelerate practical solutions in driving inclusive growth and job creation, to reduce poverty and tackle the high cost of living, and to build a capable, ethical and developmental State,” the Presidency said in a statement on Wednesday.

In its statement, it stated that this is an important day, which also honours 35 people who were killed on 21 March 1985, when apartheid police targeted community members after a funeral in Uitenhage and KwaLanga.

This year, government chose Kariega to host the national commemoration as the State’s initiative to rotate national days, allowing communities across all provinces to pay tribute to those who lost their lives during the liberation struggle.

According to the Presidency, it also provides an opportunity to reflect on and evaluate the progress made towards building a non-racial, non-sexist, democratic, and united nation.

Constitutionalism 

Mohalaba added that government is committed to promoting constitutionalism.

“What we can say to South Africans as the Department of Justice and Constitutional Development is that the department is still committed, led by the Minister [Mamoloko Kubayi], to ensure that we promote constitutionalism across the country.

“We are still committed to ensuring that people have access to justice using the facilities we have such as the courts and also reviewing apartheid legislation,” he said. 

Mohalaba’s comments come as discussion documents into the Criminal Procedure Act of 1977 that were released for comment in February with the closing date for public input set for 31 March 2025.

The act makes provision for procedures and related matters in criminal proceedings.

The documents were released by the South African Law Reform Commission (SALRC). The review seeks to address systemic challenges in the Act, particularly in relation to provisions that deal with arrest, bail, alternative dispute resolution, and victim participation in the criminal justice process.

READ | Deadline for comments into CPA discussion papers looms 

The review seeks to address systemic challenges in the Act, particularly in relation to provisions that deal with arrest, bail, alternative dispute resolution, and victim participation in the criminal justice process.

“Those are matters that the department is really looking into, and I think [that for us] is to celebrate but at the same time, the laws that we have as a nation, we urge the nation to ensure that we protect these victories. [What we are saying] to the citizens of this country is that this department being at the centre of constitutionalism, is still committed to ensuring that the laws that have been passed by Parliament and signed off by the State President are applied to the fullest,” he explained.

The DDG said that government is committed to building a better South Africa.

“We are committed to work with the public at large to say that as we celebrate Human Rights Day. This department and government in particular, is committed to building a strong, united nation going forward for generations to come,” he said. – SAnews.gov.za

 

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The Department of Justice and Constitutional Development (DOJ&CD) is appealing to citizens to make their voices heard as the deadline for comments into the discussion papers for the review of the Criminal Procedure Act draws closer. 

Last month, the Deputy Ministers in the Justice, Crime Prevention and Security (JCPS) Cluster welcomed the publication of the discussion papers on the review of the Act which were released by the South African Law Reform Commission (SALRC).

The review seeks to address systemic challenges in the Act, particularly in relation to provisions that deal with arrest, bail, alternative dispute resolution, and victim participation in the criminal justice process.

In an interview with SAnews, the Deputy Director-General for Court Administration at the DOJ&CD Lucky Mohalaba said the Act was outdated.

“It’s a pre-1994 piece of legislation and one of the key areas which the department and the [JCPS] cluster is faced with, is how do we ensure that important legislation like the Criminal Procedure Act [CPA] is reviewed to be in line with the Constitution? Our Constitution actually was signed into law after the Criminal Procedure Act,” he remarked of the 1977 legislation.

The act makes provision for procedures and related matters in criminal proceedings.

“This initiative from the department as led by Deputy Minister [Andries] Nel is really a milestone. Firstly to ensure that we comply and are in line with the constitutional imperatives including the issues that relate to equality [and] transparency.  
“The work that the Law Reform Commission has undertaken is going to result in the reform of legislation, including the Criminal Procedure Act,” said Mohalaba.

The SALRC released the discussion papers covering the pre-trial stage on the Bail System Reform, Arrest Dispensation Reform, Alternative Dispute Resolution (ADR) in Criminal Matters and the Non-Trial Resolutions (NTRs): Deferred Prosecution, Alternative Dispute Resolution and Non-Prosecution.

“In the main, there are components where the issue of the bail dispensation is going to be looked at. Secondly, the issues that relate to the arrest dispensation is going to be looked at. Part of the issues raised there is [that] should people be arrested for having committed certain crimes or should they be given dates to come to court and appear in court for those crimes? 

“Are we not increasing the numbers in our correctional centres by arresting everyone? So those are the areas that the research papers are looking at,” the DDG said of the four papers that were first published on 20 February 2025.

This as the comment period into the documents will close on 31 March 2025.

Content of the documents

The Bail System Reform discussion document speaks to ensuring a balanced approach that upholds the rights of accused persons while addressing public safety concerns, reducing lengthy pre-trial detention, and easing overcrowding in correctional facilities.

Chapter 1 of the Review of South Africa’s Bail System document, states that the country’s bail law forms an “integral part of the Criminal Procedure Act of 1977 a law of apartheid extraction which has been in existence for almost five decades.” 

It further states that it is “also probable that the relevant provisions have become obsolete and redundant.”

South Africa’s bail system is regulated under Chapter 9 of the CPA with the review aiming to align bail laws with constitutional principles while also tackling inefficiencies.

Challenges with bail for foreign nationals, limited police powers in the granting of bail, the strict verification of accused persons’ residential addresses as well as affordability issues that prevent accused individuals from securing bail are some of the deficiencies identified in the current bail system according to Chapter 2 of the document.

The proposals for reform include enhancing victim rights where courts should consider victim safety when granting bail as well as that victims should be informed of bail proceedings and allowed to express their concerns. 

The proposals for reform in the document also talks to reducing delays and overcrowding where automatic bail reviews to avoid unnecessary detentions is introduced while revising bail conditions. The proposal is that alternative measures be found for those who can’t afford bail.

The document states that in the late 1990s and early 2000s, the Commission “lamented the failure of the law to cater specifically for victims of crime. It argued, at the time, that if the position of victims was not drastically reformed in the criminal justice system, it would lead to a legitimacy crisis.”

The Arrest Dispensation Reform speaks to promoting alternative measures, such as summons, to secure court attendance and reduce unlawful and unnecessary arrests. 

Chapter 3 of this discussion paper states that the CPA outlines the methods for securing the court attendance of accused persons. This as Section 38 of the legislation “provides that the methods of securing the court appearance of accused persons are arrest, written notice, summons and indictment.” 

However, the CPA doesn’t specify which of the measures should be used in “certain situations, nor does it mandate the utilisation of the least intrusive measure.”

The paper notes that arrest should only be used as a last resort when other methods (summons, written notices) are inadequate and that police discretion in arrest decisions is broad, often leading to unnecessary detentions and overcrowding in prisons. 

The paper proposes the amendment of Section 39 of the CPA to define the purpose of arrest, preventing misuse as well as the amendment of Section 40 to restrict arrests without warrants, ensuring judicial oversight.

Section 39 of the Act states that an arrest can be effected with or without a warrant and, unless the person to be arrested submits to custody, by actually touching his body or, if the circumstances so require, by forcibly confining his body.

It also states that at the time of effecting the arrest or immediately after effecting the arrest, the person effecting it should inform the arrested person of the cause of the arrest. It adds that in an arrest effected by virtue of a warrant, upon demand of the person arrested, a copy of the warrant must be given.

Meanwhile, section 40 of the Act talks to the arrest by peace officers. This is whereby a peace officer may without  a warrant arrest any person who commits or attempts to commit any offence in his presence or a person who has escaped or who attempts to escape from lawful custody, among others.

According to the CPA, the Minister of Justice and Constitutional Development has the power to declare by notice in the Government Gazette any category of persons, by virtue of their office, as peace officers for specific purposes.
This as peace officers are not police officials. 

The proposal made in the document speaks to clarifying the powers of peace officers as well as creating an oversight mechanism. It also notes that electronic summons and written notice could replace many physical arrests among others.

The third document which is the Alternative Dispute Resolution (ADR) in Criminal Matters, speaks to challenges in the criminal justice system such as the over-reliance on imprisonment leading to overcrowding and the high costs of traditional prosecution among others.

The document notes that the country’s “legal system does not make provision for the coherent and unified regulation of ADR in criminal matters, a concept which, in foreign jurisdictions may be referred to in a number of ways, including discretionary prosecution, waiver of prosecution and out of court settlements.”

The proposed reforms it makes include the expanded use of ADR for minor offenses. This includes conditional withdrawals of prosecution, greater victim participation in ADR processes as well as focussing on restorative justice that includes victim-offender mediation. This also includes community-based sentencing alternatives such as rehabilitation programmes and community service.

The fourth discussion document known as the Non-Trial Resolutions (NTRs): Deferred Prosecution, Alternative Dispute Resolution and Non-Prosecution explores NTRs as an alternative to traditional criminal prosecutions. 

It focuses on Deferred Prosecution Agreements (DPAs), Alternative Dispute Resolution (ADR), and Non-Prosecution Agreements (NPAs), particularly in corruption and financial crime cases.

It states that traditional criminal trials for corporate and economic crimes are slow, costly, and complex adding that NTRs encourage self-reporting, corporate reform, and financial restitution without lengthy trials.

It states that the country lacks a structured legal framework for non-trial resolutions, unlike countries such as the United Kingdom and the United States of America.

The document adds that the Zondo Commission recommends the proposed introduction of   Deferred Prosecution Agreements for companies implicated in corruption.  Appointed by the President, The Zondo Commission was a commission of inquiry that investigated state capture in South Africa.

The DPAs allow companies to admit wrongdoing, pay fines, and commit to reforms in exchange for prosecutorial leniency.
The benefits of NTRs are that they encourage companies to cooperate with law enforcement and also reduces court backlogs while prioritising serious cases for trial.

The recommendation is that NTRs should be legislated to provide clear guidelines for corporate settlements as well as ensure judicial oversight to prevent abuse among others.

In November 2023, former Minister of Justice and Correctional Services Ronald Lamola appointed an Advisory Committee consisting of eight experts chaired by the former Judge President of Mpumalanga, Justice Francis Legodi to advise the Law Reform Commission on the review of the Criminal Justice System. 

The Law Reform Commission is currently chaired by former Constitutional Court judge, Justice Chris Jafta.

Reforming SA’s laws 

At the release of the discussion papers, Deputy Minister Nel spoke of the need to transform the justice system.
The DDG said discussion documents provide an opportunity for citizens to debate the proposals.

“I’m quite certain that given the launch of the discussion documents these then will present an opportunity for South Africans to debate the proposals made in the documents which will ultimately result in the Criminal Procedure Bill which will replace the current Criminal Procedure Act of 1977 so that we are more aligned to our constitutional values as a country.

“We really wish to welcome members of the public, NGOs [non-government organisations], community organisations to make sure that they make inputs into the discussion papers. This is quite an important area for us as a country going forward to reform and modernise the laws that are applicable currently,” he said.

The discussion papers which were released at a media briefing in Pretoria 20 February, can be accessed at https://www.justice.gov.za/salrc/dpapers.htm .  
–SAnews.gov.za

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Limpopo Premier Dr Phophi Ramathuba has called on the Diplomatic Corps to view Limpopo as a province of boundless opportunity.

“Our economy is powered by three key drivers, mining, agriculture, and tourism, each offering lucrative potential for investment and growth,” Ramathuba said.

Speaking at a Diplomatic Corps breakfast in Thohoyandou on Saturday, she said Limpopo was rich in mineral wealth, home to vast deposits of platinum, diamonds and rare earth minerals that are crucial to the modern world.

“The global demand for these resources continues to grow, and Limpopo is well-positioned to be a leading supplier, offering a stable and investor-friendly environment for responsible mining and beneficiation,” Ramathuba said.

Limpopo remains the breadbasket of South Africa, she said, producing a significant portion of the country’s fresh produce, including citrus, avocados and macadamia nuts.

“With fertile lands and a climate suited for year-round production, we are not just feeding the nation, we are feeding the world. 

“We seek partnerships that will drive agro-processing, value addition and sustainable farming practices, ensuring that our agricultural sector remains a pillar of economic resilience.

“Our province is a place where nature, culture and heritage converge. From the breathtaking landscapes of the Kruger National Park to the ancient wonders of Mapungubwe, we offer an unparalleled tourism experience,” the Premier said.

Ramathuba said the hospitality of Limpopo people, combined with world-class facilities, makes the province a premier destination for both domestic and international travelers.

“We therefore invite you to join us in expanding this sector, developing eco-tourism, luxury lodges, and cultural heritage sites that will continue to draw visitors from across the globe.

“Our province is not just an economic hub, it is a strategic gateway to Africa. Limpopo shares borders with Botswana, Zimbabwe and Mozambique, making it a key trade corridor for goods and services moving across the continent. 

“Our transfrontier parks and cross-border infrastructure position us as a link between SADC markets and global investors looking for an entry point into Africa’s growing economies,” the Premier said.

The province hosted the first Outreach Program of the Group of 20 (G20) on Friday. The Premier described it as a historic milestone.

“The G20 represents 85% of global GDP, 75% of global trade, and two-thirds of the world’s population. The outreach was more than just a dialogue, it was a powerful opportunity for the people of Limpopo to understand and engage with South Africa’s G20 Presidency.

“Moreover, it allowed us to showcase our investment potential in mining, agriculture, manufacturing, tourism and the green economy,” she said.

Ramathuba said Limpopo was ready to open doors to investors, to forge new partnerships and to build a future where the province stands as a global leader in industrialisation and sustainable development.

“Limpopo is open for business. Our investment landscape is rich with potential and we stand ready to work alongside you to turn vision into reality,” Ramathuba said.

At a gala dinner on Friday, the Premier told the Diplomatic Corps that Limpopo was a land of immense potential, rich in culture, heritage and economic opportunities.

“We encourage you to consider Limpopo not just as a tourist destination but as a region ripe for investment. Tourism is one of the key drivers of our economy, creating jobs and supporting local communities,” she said.

She said the province believed that investment in infrastructure, particularly in roads, bridges, and logistics would unlock the full economic potential of the province.

“When businesses and farmers have access to reliable roads, they can transport goods efficiently, engage in larger markets, and ultimately grow their enterprises. 

“We invite our esteemed guests and members of the Diplomatic Corps to explore opportunities in infrastructure development, as we seek partnerships that will transform Limpopo into a well-connected economic hub,” she said.

Limpopo is blessed with fertile soil and a climate that supports diverse agricultural activities. 

“We are committed to strengthening our farming industry by supporting small-scale farmers to transition into commercial farming,” the Premier said.  

Friday’s launch of the G20 Outreach Programme forms part of a series of initiatives aimed at fostering wider public dialogue and participation in South Africa’s G20 Presidency.

South Africa assumed the G20 Presidency on 1 December 2024.

The G20 is a group of 19 countries, as well as the African Union and the European Union, which defines itself as the premier forum for global economic cooperation. – SAnews.gov.za

 

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