Quote of the week

The recommendation for criminal charges is particularly applicable to Mr Anoj Singh and Mr Koko, who by false pretences led Eskom, through the officials who processed the R659 million payment, to believe that the R659 million payment was in the nature of pre-payment for coal, as was the R1.68 billion pre-payment, later converted into a guarantee, when in truth and fact they knew that the prepayment and the guarantee were needed to enable the Guptas to complete and save the sale of share transaction.

State Capture Commission Report
Volume 4, Part IV
25 March 2022

Sections 46(1)(d) and 105(1)(d) respectively provide that the National Assembly and Provincial Legislatures consist of women and men elected in terms of an electoral system that “results, in general, in proportional representation”.  The respondents argued that this refers to an exclusive party proportional representation system.  OUTA argued, correctly in my view, that proportionality does not equal exclusive party proportional representation.  The idea of proportional representation is not inconsonant with independent candidate representation.  These sections make no reference to party proportional representation, let alone exclusive party proportional representation.  The focus of the sections is on the “result”: whoever the participants may be, the system must be one that “results, in general, in proportional representation”.

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