UDM Victories

In late 2022, the UDM and almost twenty other concerned South African organisations and individuals had joined hands to take Eskom, Nersa and government to court regarding the provision of sustained, reliable electricity to all South Africans in line with their rights and basic service delivery needs. In main our court case sought to declare the ANC-led government’s answer to loadshedding as unconstitutional and contravening several fundamental human rights, and ask that certain sectors, for instance safety and healthcare, be exempted from loadshedding.

In May 2023 the North Gauteng High Court in Pretoria ordered government to “take all reasonable steps” within 60 days to ensure that public health establishments, state schools and the South African Police Service are not affected by loadshedding. Government however appealed this ruling and on 1 December 2023, the North Gauteng High Court ruled that loadshedding was unconstitutional and Eskom’s and government’s failure to avoid and remedy it infringed on basic rights. The court instructed minister of electricity, Kgosientsho Ramokgopa, to prevent load shedding in schools, hospitals and police stations by the end of January 2024.

The UDM has in its 26 years of existence fought the good fight. In 2002, it had filed papers in the Constitutional Court challenging the constitutionality of the controversial floor-crossing legislation allowing MPs, MPLs and municipal councillors to defect to another party without losing their seats. The point being that a voter voted for a political party and not an individual who wanted to cross the floor to another political party.

The court challenge to the floor crossing legislation brought the party increased respectability and credibility amidst opinion makers and the media. For many years, the UDM had continuously advocated for the abolishment of the floor crossing legislation and lobbied our colleagues in other political parties about the dangers of what was dubbed “crosstitutes”. The decision to revoke this dastardly legislation was passed in 2009.

Since its inception, the UDM has advocated for transparency in party funding. The party has aligned itself with the views of organisations like the (now defunct) Institute for Democratic Alternatives in South Africa (Idasa), which recognised that transparency benefits the public interest.

At that time, a common trend was for large businesses to donate to parties in government or before elections, often with the expectation of securing government contracts once the party gained power. This practice persisted over the years.

For years, the major political parties declined to make their financial records public, fuelling the perception that they were influenced by wealthy donors. Meanwhile, the UDM stood alone, advocating for transparency and consistently pushing for openness regarding party finances.

The UDM’s efforts were finally validated in 2019 with the enactment of the Political Party Funding Act. This law mandates parties to disclose donations above a certain threshold from any single donor. It also bars contributions from foreign governments or state entities. Moreover, it strictly regulates donations, specifying that they must be for party political purposes and received by party members on behalf of the party.

It’s unfortunate that with the signing of the Electoral Amendment Act on the eve of the 2024 National and Provincial Elections, President Ramaphosa has rolled back many of the gains for our multi-party democracy. This action means that the African National Congress once again receives the largest portion of party funding.

In May 2018, the UDM penned a letter to President Ramaphosa and then serving as Deputy Chief Justice, Raymond Zondo, highlighting alleged corruption at the Public Investment Corporation (PIC).

The allegations centred on serious corruption, evasion of due diligence, misrepresentation, money laundering, and staff purging (potentially for a cover-up) in PIC deals. These actions posed a significant risk to the Government Employees Pension Fund pensioners and the pensions of government employees.

The UDM continued to exert pressure on government by adding information to the original complaint.

The UDM’s persistent advocacy on the issue prompted the establishment of the Mpati Commission of Inquiry into Allegations of Impropriety regarding the Public Investment Corporation. This commission was established by presidential proclamation in October 2018.

The UDM’s stance was validated by the findings and recommendations of the Mpati Commission, which were released in 2020. As of 2023, the party continues to advocate for the implementation of these recommendations.

In February 2023, the UDM uncovered significant wasteful expenditure at the National Student Financial Aid Scheme (NSFAS). This revelation came at a time when students were experiencing delays in receiving their payments, and some were being denied access to much-needed funds altogether.

NSFAS had relocated to a new building using a turn-key solution, resulting in a substantial increase in rental costs. The monthly rent reportedly escalated from R500,000 to R1,968,647.05, despite many offices in the new premises remaining unused. This expenditure was deemed wasteful by the UDM.

Furthermore, NSFAS allegedly purchased new furniture for the office space, amounting to millions of rands, instead of utilising existing furniture from their former offices. In light of these findings, the UDM called upon the Hawks and the Special Investigating Unit to conduct a thorough investigation into the matter.

The troubles at NSFAS worsened with the removal of CEO Andile Nongogo in October 2023 due to investigations into alleged irregularities. Following this, in April 2024, Ernest Khosa stepped down as chair of the board amidst accusations and counter-accusations of corruption. The situation at NSFAS deteriorated further when the board was dissolved, and an administrator was appointed shortly thereafter. The blame for the mess should be laid squarely at Minister Blade Nzimande’s door.

In February 2023, a petition was initiated on the Change.org platform, in main, around a plea to take immediate action in eradicating the scourge of pit latrine toilets in KwaZulu-Natal, Limpopo, and the Eastern Cape rural schools. This petition had amassed an overwhelming 5,000+ signatures.

A call for urgent action on this critical issue was first directed to the Speaker of the National Assembly on 29 March 2023 by UDM Secretary General, Yongama Zigebe. and other concerned South Africans.

On 7 November 2023 Mr Zigebe and colleagues presented the matter to the Portfolio Committee on Basic Education.

Members of Parliament had called, on 21 February 2024, on education authorities to submit, within 60 days, a detailed report with timelines and deadlines to eradicate pit latrine toilets in Eastern Cape, Limpopo and KwaZulu-Natal.