29 January 2004

The Hefer Commission of Inquiry, charged with probing claims that National Director of Public Prosecutions Bulelani Ngcuka was an apartheid agent, was not without its critics, but one thing is certain - it demonstrated the level of transparency in South Africa's democracy.

The commission not only sparked public debate, but put into practice a number of constitutional principles aimed at deepening and supporting democracy.

Chapter nine of South Africa's Constitution states that "no person or organ of state may interfere with the functioning of [state institutions that seek to strengthen constitutional democracy in the republic]".

Chapter 10 of the Constitution, expanding on the basic values and principles governing public administration, prescribes that public administration ought to be transparent, adding that such transparency "must be fostered by providing the public with timely, accessible and accurate information".

The same section also demands that the public administration, including public officials, "must be accountable for their actions or inactions."

How well did the Hefer Commission live up to these constitutional principles?

The Public Service Commission (PSC), an independent body that monitors, evaluates and investigates the administration of the public service, believes that the Hefer Commission was "a perfect illustration of [constitutional] values."

In an interview with BuaNews, PSC chairman Stan Sangweni said the commission's public hearings were "an appropriate constitutional and democratic tool to deal with matters of such public and national interest, against the head of an institution that was set up to help uphold democracy".

According to Sangweni, the transparency of the Hefer Commission was evident in its broadcasting of the hearings, in the witnesses who came to give evidence, and in the non-interference of state officials and organs.

"The President did not have any knowledge of the kind of people who would come to give evidence, and ... the people who made allegations were free to call anybody to come and give evidence", Sangweni said. "That is transparency. Nobody actually said: 'Listen, don't call so and so.'"

Not only did the commission put the actions of senior public officials under the spotlight, Sangweni said; it also helped to "lift the lid on governance", providing the public with an opportunity to understand the way the administration is run.

"It has placed on the table all aspects of information about the national director of public prosecutions. This is a very senior position, and we have the right, in terms of our Constitution, to know who he is, and that we have come to know. Only 10 years ago, it would not have been possible to know that."

Sangweni believes that such openness and transparency comes with a certain level of socio-political and economic development within a country. In many other countries, he argues, allegations such as those levelled against Ngcuka would have caused instability.

At the same time, Sangweni called on the public and the media to be more careful in how they handled allegations that could affect public administration.

"We are building a state that should attain social and political stability, but we are still far from that, so within those limits, the extent to which we can at the same time grow and deepen transparency, let's do so."

Handing over the commission's report to Justice Minister Penuell Maduna, Hefer disputed comments that the commission was not in the public interest but only in the interests of the ruling African National Congress.

"We are dealing here with a person who is in charge of all the public prosecutions on behalf of the state in the country", Hefer told reporters. "Any allegations that are made which impact on the performing of his duties, and the very question that he is abusing his powers, I cannot see it being disposed in any other way than by way of a public inquiry."

Or as Sangweni puts it - the very fact that the public received unrestricted access to the Hefer Commission, and that they have access to the final report, enabling them to debate these issues without fear - that in itself is "a top score for transparency and our democracy".

Source: BuaNews

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	Hefer Commission clears Ngcuka South Africa Inc. – 10 years on The press in South Africa South Africa's political parties South Africa's judiciary The Constitution of South Africa

	Report of the Hefer Commission  Department of Justice  Public Service Commission

	Press Freedom - South Africa ranks 31st out of 167 countries in Reporters Without Borders' fourth annual global index of freedom of the press - sharing that position with Australia and higher than Japan, Spain, Italy, the US and Brazil.