By Johnathan Paoli
The government has publicly corrected political analyst Dr Charles Sinkala, rejecting his claim that Section 89 of the Constitution was responsible for the decline of South Africa’s State-Owned Enterprises (SOEs).
In a statement issued on Sunday, Deputy Government Spokesperson William Baloyi said the comments misrepresented the Constitution and risked spreading misinformation about the role of constitutional provisions in the governance of public entities.
“Section 89 of the Constitution specifically provides for the removal of the President by the National Assembly under defined circumstances, and it does not relate to the governance, administration, or operational management of State-Owned Enterprises,” Baloyi said.
ALSO READ: Brett Herron named GOOD Party mayoral candidate for City of Cape Town
The clarification follows comments allegedly made by Sinkala during an interview with SABC News in which he suggested that Section 89 had contributed to the deterioration or “killing” of SOEs.
Baloyi rejected the assertion, stressing that the constitutional provision deals exclusively with the removal of a president from office and has no bearing on how SOEs are managed or governed.
He said the government considered it necessary to publicly address the issue in order to prevent confusion among citizens and ensure that constitutional debates remain grounded in factual and accurate interpretations of the law.
“It is therefore important to correct this wrong assumption and prevent the spread of misinformation. Public commentary on constitutional matters carries significant responsibility and should be grounded in factual and accurate interpretation of the law,” he said.
ALSO READ: Hawks seize R 36m of Cocaine at Durban harbour
The Government Communication and Information System (GCIS) further argued that despite challenges facing some state-owned entities, many SOEs continue to play an important role in South Africa’s economy and development agenda.
“Government wishes to inform that several State-Owned Enterprises continue to play a critical role in economic growth, infrastructure development, service delivery, and national development,” Baloyi said.
He maintained that a number of SOEs had shown signs of recovery and improvement in recent years.
“A number of SOEs have demonstrated resilience, improved governance, financial recovery, and operational progress, despite existing challenges. It is therefore inaccurate and misleading to suggest that the Constitution or Section 89 is responsible for the performance of SOEs,” he said.
SOEs have long been at the centre of public debate due to operational failures, governance concerns, corruption scandals and financial difficulties experienced by some entities over the past decade.
However, Baloyi said that such challenges cannot be attributed to constitutional provisions unrelated to their management.
He said the government remained committed to promoting constitutional literacy and ensuring that citizens have access to accurate information about the country’s legal and governance frameworks.
Baloyi called on commentators, analysts and media organisations to exercise caution when discussing constitutional issues.
