The calamity confronting state-owned enterprises - be it Eskom, SAA, the Post Office, PetroSA or the SABC - is not operational in nature, but is a consequence of the government (and these entities themselves) failing to adhere to section 195 of the Constitution, says Advocate Johan Kruger, of the Centre for Constitutional Rights, in an analysis on the centres website. He argues that these public enterprises have all been marred by some or other governance or management ignominy and there are many reasons for these failures. He says the basic values and principles governing public administration - as outlined in terms of section 195(1) of the Constitution - are not optional, but a constitutional requirement which, according to section 195(2), applies to: (a) administration in every sphere of government; (b) organs of state; and (c) public enterprises. He details three problems: government does not seem to view public enterprises as part of public administration; the appointment of ANC deployees and ministerial buddies as board members of public enterprises; and political meddling in day-to-day operations of public enterprises. Says Kruger: Public enterprises are part of public administration and are organs of state. They are not government or party businesses, nor pet projects. As such, citizens entrust their government and public enterprises to manage public resources and provide essential services. For that reason, the people have a right to expect that these state-owned enterprises are fully accountable, governed and managed mindful of those for whom they are in essence working: the people of SA. legalbrief.co.za/article.php… legalbrief.co.za legalbrief.co.za
Posted on: Mon, 19 Jan 2015 21:43:38 +0000