Admin
09 Mar, 2026
Request for parliamentary oversight regarding the handling of the UDM complaint to the SAHRC concerning SAFA and Coach Hugo Broos
Ms Thokozile Didiza, MP Speaker of the National Assembly Parliament of the Republic of South Africa PO Box 15 Cape Town 8000 Dear Madam Speaker Request for parliamentary oversight regarding the handling of the UDM complaint to the SAHRC concerning SAFA and Coach Hugo Broos 1. I write to bring to your attention a matter that the United Democratic Movement (UDM) has formally referred to the South African Human Rights Commission (SAHRC), and which has subsequently involved the Commission for Gender Equality (CGE). The matter raises issues that fall within Parliament’s oversight responsibilities. 2. In December 2025, the UDM lodged a complaint with the SAHRC concerning public utterances made by the Bafana Bafana coach, Mr Hugo Broos, as well as the institutional response of the South African Football Association (SAFA). The complaint concerns statements that raise allegations of racial and gender discrimination and therefore implicates constitutional rights protected under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA). 3. On or about 10 or 11 December 2025, during a media engagement ahead of the 2025 Africa Cup of Nations tournament, Mr Broos made remarks which were widely interpreted as racially and sexually insensitive. The comments prompted significant public concern and raised questions about equality, dignity and representation in South African sport. On 11 December 2025, the UDM formally lodged a complaint with the SAHRC citing both Mr Broos and SAFA as respondents. 4. Subsequent to the public controversy, Mr Broos issued an apology on 15 December 2025, which the UDM accepted in good faith. However, the complaint lodged with the SAHRC was never confined to the conduct of one individual. It also raised broader concerns regarding the institutional response of SAFA and the absence of clear safeguards within sporting structures to address racism and sexism. The acceptance of an apology cannot substitute for institutional accountability where constitutional rights and systemic safeguards are concerned. For that reason, the UDM has consistently maintained that the matter requires consideration of systemic and policy reforms rather than being treated merely as an isolated incident. 5. The complaint was initially raised by UDM Councillor Yongama Zigebe and was formally processed through the Office of the Acting Secretary General (ASG) of the UDM. During engagements in January 2026, the SAHRC informed the UDM that the CGE had also received related complaints and that the two institutions would coordinate their handling of the matter and pursue an independent mediation process as contemplated in PEPUDA. 6. During that engagement and in subsequent written correspondence, the UDM requested clarity on several procedural issues, including whether a prima facie determination had been made that the conduct complained of falls within the ambit of PEPUDA, the anticipated timeline for the proposed mediation process, and the investigative steps undertaken by the SAHRC and CGE. 7. Regrettably, follow up correspondence addressed to the SAHRC and CGE has not received any response. The continued absence of even a basic procedural update or acknowledgement is deeply concerning in a matter involving alleged violations of constitutional rights by a prominent national figure and questions of institutional accountability by a national sporting body. 8. The UDM recognises that Chapter Nine institutions operate under significant resource and budgetary constraints. It is precisely because we respect their constitutional mandates and the important role they play in protecting fundamental rights that we have sought to allow the matter to proceed through the processes contemplated under PEPUDA. 9. However, continued procedural uncertainty cannot be allowed to persist indefinitely. Where a complaint of this nature remains without visible procedural advancement or communication from the responsible institutions, it raises serious concerns regarding the responsiveness of the processes intended to safeguard constitutional rights. 10. Should the situation remain unresolved, the UDM will have no option but to consider appropriate legal avenues to secure procedural clarity and advancement. Such a course would impose additional legal and financial burdens on all parties involved, including the SAHRC and CGE themselves. It is our sincere preference to avoid such an outcome and to allow the matter to be resolved within the existing constitutional framework. 11. It has been suggested in some quarters that the UDM’s complaint was misplaced, that it risked undermining team morale, or that matters of equality should not be raised in the context of national sport. The UDM rejects this characterisation. The complaint was never directed at the Bafana Bafana team or its performance. It concerns statements made in a public capacity and the institutional response to those statements. Issues of equality, dignity and non-discrimination apply across all spheres of public life, including sport. Upholding these principles strengthens the integrity of our institutions and ensures that national teams represent the values of the Constitution as well as the pride of the country. 12. In light of the procedural concerns outlined above, the UDM believes that parliamentary oversight is now both necessary and appropriate. 13. Given the nature of the issues raised, the mandates of several parliamentary committees are directly engaged, namely: 13.1. the Portfolio Committee on Justice and Constitutional Development, which exercises oversight over the SAHRC; 13.2. the Portfolio Committee on Sport, Arts and Culture, which exercises oversight over SAFA; 13.3. the Portfolio Committee on Women, Youth and Persons with Disabilities which exercises oversight over the CGE. 14. The issues raised concern, among others, the protection of equality and dignity in public life, the responsiveness and functioning of Chapter Nine institutions tasked with safeguarding constitutional rights, and the governance and accountability standards expected of national sporting bodies that represent the country internationally. 15. In the ordinary course of parliamentary oversight, the aforementioned committees may wish to satisfy themselves that the relevant constitutional institutions and entities have acted with the necessary responsiveness and procedural clarity in matters implicating equality, dignity and non-discrimination. 16. In light of the above, we respectfully request that your Office take the following steps so that Parliament may exercise its oversight responsibilities: 16.1. refer this matter to the Portfolio Committee on Justice and Constitutional Development for consideration of the procedural handling of the complaint by the SAHRC; 16.2. refer the matter to the Portfolio Committee on Sport, Arts and Culture for consideration of governance and accountability issues relating to the response of the SAFA; and 16.3. refer the matter to the Portfolio Committee on Women, Youth and Persons with Disabilities for consideration of the gender equality dimensions raised in the complaint and the role of the Commission for Gender Equality (CGE). Given the seriousness of the issues involved and the continuing absence of procedural clarity from the SAHRC and the CGE, we urge that this matter be treated with the urgency it warrants. 17. The UDM stands ready to cooperate fully with your Office and with the relevant portfolio committees should Parliament consider it appropriate to engage further on this matter. Upon request, we would be willing to make available the correspondence exchanged with the SAHRC and the CGE, as well as any related documentation, so that the committees may be fully apprised of the procedural history of the complaint. 18. The UDM remains committed to resolving this matter through lawful and constructive processes that uphold the Constitution and protect the dignity and equality of all South Africans. We are equally committed to the preservation and strengthening of our sporting codes and to the national pride that South Africans across race and gender place in our national teams. These are not competing ideals, but complementary ones that should guide the institutions entrusted with representing the nation. Yours sincerely Mr NLS Kwankwa, MP Deputy President of the United Democratic Movement Party Leader in Parliament Copied to: • Mr Xola Nqola, Chairperson of the Portfolio Committee on Justice and Constitutional Development • Mr Joseph McGluwa, Chairperson of the Portfolio Committee on Sport, Arts and Culture • Ms Liezl van der Merwe, Chairperson of the Portfolio Committee on Women, Youth and Persons with Disabilities • Mr Tsietsi Shuping, Head of Department: Legal Services, Commission of Gender Equality • Ms Zamantungwa Mbeki, Provincial Manager, South African Human Rights Commission • Deputy Minister Bantu Holomisa, MP and UDM President • Ms Zandile Phiri, UDM Acting Secretary General • Ms Thandi Nontenja, MP, UDM National Treasurer and Chief Whip in the National Assembly • Cllr Yongama Zigebe, originator of the HSRC complaint • Ms Khazimla Ngalwa, Parliamentary Assistant to Mr Nqabayomzi Kwankwa, MP
Admin
04 Mar, 2026
The UDM and President Holomisa mourns the passing of Ntate Mosiuoa Lekota
Statement by President of the United Democratic Movement, Deputy Minister Bantu Holomisa, MP I have received with deep sadness the news of the passing of Ntate Mosiuoa Lekota, a veteran of our liberation struggle and a steadfast servant of the people of South Africa. His life mirrors the difficult but determined journey of our nation towards freedom and democracy. In the period leading to our democratic breakthrough in 1994, Ntate Lekota played a significant leadership role within the liberation movement, particularly through his involvement in the United Democratic Front. Following the advent of democracy in 1994, he served as Premier of the Free State, helping to stabilise governance structures in a newly liberated South Africa. Of course, Lekota later had differences with the African National Congress (ANC). I recall when he remarked that he had “served the divorce papers” to the ANC. When he left the ANC, the Congress of the People (COPE) was formed, which was welcomed news to those of us on the opposition benches. At the time I observed that the advantage of COPE was that it was comprised of people who understood the history and passage of the struggle. Their contribution in Parliament would therefore be significant, as they would remind South Africans that the project of the struggle had been hijacked by unscrupulous elements within the ruling party. Indeed, the commissions of inquiry that followed later confirmed many of those concerns. Throughout his political life, Mosiuoa Lekota remained a firm believer in constitutionalism, accountability and open democratic discourse. On behalf of the United Democratic Movement, I extend our sincere condolences to Ntate Lekota’s family, his friends and his comrades. May they find strength and comfort during this difficult time. May his soul rest in peace.
Admin
02 Mar, 2026
Parliamentary submission on Mtentu River Bridge procurement irregularities
Mr Songezo Zibi, MP Chairperson: Standing Committee on Public Accounts Parliament of the Republic of South Africa Cape Town 8000 Mr Chairperson Formal Parliamentary submission on identified procurement, governance and contractual irregularities relating to subcontract adjudication and awards under the Mtentu River Bridge project (N2 Wild Coast Toll Road) 1. Introduction 1.1. I address this correspondence in the broader interest of constitutional governance, public financial accountability, and the protection of public resources. 1.2. This letter constitutes a formal parliamentary submission to the Standing Committee on Public Accounts (SCOPA), placing on record a series of material, systemic and recurring irregularities identified in the adjudication and award of subcontract packages under the Mtentu River Bridge Project, forming part of the N2 Wild Coast Toll Road Programme. 1.3. The purpose of this submission is not merely to catalogue administrative shortcomings, but to alert Parliament to substantive deviations from lawful procurement practice, which, if left unexamined, may give rise to irregular expenditure, contractual disputes, audit qualifications, and erosion of public trust in State-funded infrastructure delivery. 2. Strategic and policy context of the project 2.1. The Mtentu River Bridge Project is one of the most significant infrastructure investments undertaken by the State in the Eastern Cape, both in scale and symbolic importance. It is intended not only to enhance national logistics connectivity, but also to stimulate inclusive economic development, local enterprise participation, and community empowerment in historically marginalised areas. 2.2. The project is implemented under South African National Roads Agency SOC Limited (SANRAL) Contract No. N.002-201-2023/1C through a Main Contractor Joint Venture. As such, all procurement activities associated with the project are conducted within the public finance environment, notwithstanding subcontracting arrangements. 2.3. Accordingly, the entire procurement chain is governed by: 2.3.1. Section 217 of the Constitution of the Republic of South Africa. 2.3.2. The Public Finance Management Act, 1999 (PFMA). 2.3.3. Treasury Regulations issued in terms of the PFMA. 2.3.4. National Treasury Supply Chain Management prescripts. 2.3.5. Auditor-General of South Africa (AGSA) audit standards relating to irregular, fruitless and wasteful expenditure. 2.4. It is against this framework that the matters raised herein must be assessed. 3. Basis and methodology of review 3.1. This submission arises from a careful, document-by-document scrutiny of official procurement records generated by the implementing agents. The review focused on: 3.1.1. Consistency of application of mandatory requirements. 3.1.2. Alignment between advertised evaluation criteria and final decisions. 3.1.3. Integrity of price, preference and scoring processes. 3.1.4. Contractual certainty and enforceability. 3.1.5. Internal controls relating to bid submission, correction and acceptance. 3.2. The following documents form the factual foundation of this submission and are attached as annexures: 3.2.1. Adjudication Report: Subcontract Package 2 - Bulala Access Road. 3.2.2. Adjudication Report: Subcontract Package 5 - Crushing and Screening of Aggregates. 3.2.3. Appointment Letter: Subcontract Package 5 - Sourcing of Wearing Course Materials from State-Owned Borrow Pits. 4. Detailed account of identified irregularities 4.1. Selective and inconsistent enforcement of mandatory requirements: 4.1.1. A central and recurring concern across the reviewed packages is the uneven application of mandatory compliance requirements. 4.1.2. In Subcontract Package 2, a bidder was disqualified on the basis of a procedural defect relating to clarification briefing attendance documentation, which was characterised in the adjudication report as fraudulent. The disqualification was immediate and final. 4.1.3. By contrast, in Subcontract Package 5, a bidder who failed to submit a mandatory statutory requirement, specifically a valid Department of Mineral Resources (DMR) mining permit, was nonetheless deemed compliant and recommended for award. 4.1.4. Mandatory requirements, by definition, are not discretionary. Their selective enforcement constitutes a breach of the principles of fairness, equity, transparency and competitiveness, and is inconsistent with Treasury Regulations governing supply chain management. 4.2. Deviation from advertised evaluation criteria after final scoring: 4.2.1. In Subcontract Package 5 (crushing and screening), the adjudication process applied a 90/10 price and preference scoring system, as prescribed in the tender documentation. 4.2.2. The highest-scoring bidder under this system was subsequently excluded after completion of the scoring process, based on concerns relating to operational capacity and prior performance on other projects. 4.2.3. While capacity and performance considerations may be relevant, they were not disclosed as pre-qualification criteria or evaluation factors in the Request for Quotation. Their introduction after scoring constitutes a material deviation from the rules of the competition as advertised to bidders. 4.2.4. This practice undermines the legality and defensibility of the adjudication outcome and exposes the process to review under administrative law principles. 4.3. Post-adjudication negotiation of prices 4.3.1. The adjudication documentation further records an explicit intention by the main contractor to negotiate further rate reductions with the recommended bidder after the adjudication process had concluded. 4.3.2. Post-adjudication price negotiations compromise the integrity of competitive procurement. They alter outcomes outside the transparent scoring framework, disadvantage other bidders, and undermine price certainty. 4.3.3. Such practices are incompatible with PFMA requirements and raise the risk of irregular expenditure. 4.4. Conditional appointment presented as a concluded award 4.4.1. The appointment letter issued in respect of Subcontract Package 5 records a stated contract value and anticipates immediate commencement of works. However, it simultaneously makes the appointment subject to multiple unresolved conditions, including: 4.4.1.1. Agreement on rates. 4.4.1.2. Finalisation of borrow pit locations. 4.4.1.3. Laboratory testing and approvals. 4.4.1.4. Engineer’s instructions. 4.4.1.5. Execution of a formal subcontract agreement. 4.4.2. This creates a situation where a document styled as an appointment lacks the legal certainty of a concluded contract yet purports to trigger performance obligations. 4.4.3. Such ambiguity exposes the State to contractual disputes, audit findings, and the risk that expenditure incurred may later be classified as irregular. 4.5. Internal contradictions regarding commencement of works 4.5.1. The same appointment letter states that commencement shall be immediate upon signature, while also indicating that commencement is contingent upon technical approvals and preparatory works. 4.5.2. These positions are mutually inconsistent and render the commencement provisions legally unclear and operationally impractical. 4.6. Weaknesses in bid control and arithmetic governance 4.6.1. Across the reviewed packages, several control deficiencies are evident: 4.6.1.1. Significant arithmetic corrections applied to bids without documented bidder acceptance. 4.6.1.2. Submission of outdated, duplicate or incomplete bills of quantities by multiple bidders. 4.6.1.3. Lack of evidence of robust bid submission screening prior to opening 4.6.1.4. These weaknesses point to systemic deficiencies in bid management and internal control, increasing the risk of dispute, error, and audit qualification. 5. Cumulative PFMA and AGSA risk implications 5.1. Individually, each of the issues outlined above raises concern. Taken cumulatively, they point to systemic governance weaknesses that fall squarely within the oversight mandate of SCOPA. 5.2. The risks include: 5.2.1. Non-compliance with the PFMA and Treasury Regulations, 5.2.2. Exposure to irregular, fruitless and wasteful expenditure, 5.2.3. Breakdown of internal control and accountability mechanisms, 5.2.4. Legal vulnerability of adjudication and award decisions, 5.2.5. Undermining of developmental and community-based procurement objectives, 5.2.6. These are precisely the categories of risk that Parliament and the AGSA are constitutionally mandated to interrogate. 6. Request for parliamentary oversight intervention 6.1. In light of the seriousness, scale and systemic nature of the concerns raised, I respectfully request that SCOPA: 6.1.1. Calls upon SANRAL and the relevant implementing agents to account in detail for the adjudication and award processes. 6.1.2. Examines whether the identified practices comply with PFMA, Treasury Regulations and supply chain management prescripts. 6.1.3. Considers referral of the matter to the AGSA for further investigation or special audit attention. 6.1.4. Recommends appropriate corrective, remedial and consequence-management measures. 7. Annexure index 7.1. The following annexures accompany this submission: 7.1.1. Annexure A: Adjudication Report - Subcontract Package 2 (Bulala Access Road). 7.1.2. Annexure B: Adjudication Report - Subcontract Package 5 (Crushing and Screening of Aggregates). 7.1.3. Annexure C: Appointment Letter - Subcontract Package 5 (Wearing Course Materials / Borrow Pits). 8. Conclusion 8.1. The matters raised in this submission are substantive, factual, and grounded in official documentation. They are not advanced lightly, nor for any purpose other than to uphold constitutional governance, lawful procurement, and responsible stewardship of public funds. 8.2. I trust that SCOPA will give this submission the thorough and deliberate consideration it warrants in the execution of its oversight mandate. Yours sincerely Maj Gen (Ret) BH Holomisa President of the United Democratic Movement Deputy Minister of Defence and Military Veterans For information: Office of the SANRAL CEO Chief Executive Officer Information Officer
Admin
26 Feb, 2026
Eastern Cape SOPA2026: Mabuyane’s leadership on trial after year 7
Statement by Bulelani Bobotyane, Provincial Secretary of the UDM in the Eastern Cape The United Democratic Movement (UDM) in the Eastern Cape notes that on 27 February 2026, Premier Oscar Mabuyane will address the province in his seventh year at the helm. Across towns and villages, one hears a recurring sentiment: there was a period in this region’s history when executive authority translated into visible administrative discipline, when decisions were implemented with consistency and consequence management was not optional. That period existed within a different constitutional dispensation and must be understood in its proper historical context. It was not beyond criticism. In this province, what endures in public memory is not nostalgia for past structures, but the perception that governance was firm, coherent and enforceable. After nearly seven years in office, the current African National Congress (ANC) administration cannot dismiss that comparison. It must answer it. Seven years into the Mabuyane administration, the issue is no longer vision. The province has had vision documents, master plans, stimulus funds, growth frontiers and 2030 targets. The issue is executive control and institutional discipline. When the same sectors are re-announced year after year, when projected multipliers are pushed further into the future, and when governance reform deadlines quietly fade from the public record, the pattern reveals not a shortage of ideas, but a shortage of consolidation. After 32 years of uninterrupted ANC governance in this province, fragmentation cannot be blamed on transition or inheritance. It reflects a governing culture that accumulates initiatives faster than it stabilises systems. The Eastern Cape does not lack policy. It lacks conversion. It does not lack plans. It lacks enforcement. Seven years is sufficient time to entrench systems, discipline departments and impose consequence management. When plans multiply but structural indicators remain stubborn, it signals not complexity, but weak executive control. The ANC governs this province, with Premier Mabuyane at its helm. They cannot continue to govern through perpetual projection and recycled ambition. If the plans are sound on paper yet outcomes remain inconsistent, the question is no longer about design. It is about leadership. As the province approaches the 2026 Local Government Elections, SOPA 2026 must do more than defend a record. It must demonstrate that governance is stabilising where citizens experience the state most directly: in municipalities. Voters will not judge performance by presentation in the Chamber, but by functioning taps, maintained roads, disciplined finances and reliable services. In this election cycle, credibility will be earned on the ground. Accountability and delivery The UDM in the Eastern Cape will demand that SOPA2026 move beyond ambition and provide clear evidence of delivery. The people of the Eastern Cape have heard commitments on roads, water infrastructure, housing, health facilities and economic expansion before. This year’s address must account for what has been completed, what remains delayed and what has stalled. The public deserves measurable progress, not repetition. Municipal governance Municipal instability must be confronted honestly. If municipalities required intervention in the past year, the province must report whether those interventions worked. Financial stability, revenue collection, professional administration and consequence management determine whether communities receive services and whether local government can be trusted. Water security Access targets extending toward 2030 cannot substitute for consistent supply today. Communities experience governance through functioning taps, maintained infrastructure and effective wastewater systems. If these remain unreliable, explanations are no longer sufficient. Infrastructure maintenance Development cannot be credible if roads, stormwater systems and municipal assets deteriorate while new projects are announced. Maintenance is not secondary to growth. It is foundational to it. Economic reform and employment Sustainable job creation depends on stable municipalities, reliable infrastructure, clean procurement systems and a predictable regulatory environment. Temporary public employment programmes may offer short-term relief, but they do not replace structural reform. The province must demonstrate that institutional foundations for long-term economic expansion are being strengthened year by year. The National Development Plan’s 2030 horizon does not excuse weak implementation in the present. Governance and accountability Ethics frameworks and oversight mechanisms must translate into visible consequences. Clean governance, professional administration and disciplined public finance management are essential if public trust is to be restored. In 2020, this administration undertook to implement lifestyle audit guidelines by 2022. That deadline has passed. The province has yet to see consistent, transparent reporting on the outcomes of those audits or the consequences that followed. Anti-corruption cannot be rhetorical. It must be enforceable. With the 2026 Local Government Elections fast approaching, this address will be measured not by tone, but by evidence. The people of this province are demanding functional municipalities, reliable services and accountable leadership. In 2026, the UDM in the Eastern Cape will present a credible alternative grounded in administrative discipline, clean governance and service delivery that is felt in every municipality we contest.
Admin
18 Feb, 2026
State of the Nation Address 2026 debate in the NCOP
Speech for Mr MM Peter, MP and Member of the NCOP for the United Democratic Movement at the State of the Nation Address 2026 debate CHECK AGAINST DELIVERY Honourable Speaker Honourable Members The United Democratic Movement (UDM) supports the State of the Nation Address as tabled by His Excellency, President Ramaphosa. But support does not mean silence. In the true interest of serving the people of South Africa, we rise to sharpen, strengthen and submit proposals that move this nation from promise to performance. 1. No country survives without law Mr President, on the issue of illegal immigrants, the UDM wishes to comment as follows - no country can function if its laws are optional, and anyone who comes to this country legally must be prepared to abide by the law or they will be shipped out. Fellow South Africans, you deserve a state that works, systems that speak to each other, and early warning mechanisms that stop crime before it spreads. Without accurate Financial Intelligence Centre Act (FICA) registration, South African Revenue Service (SARS) cannot collect revenue from all traders operating in our economy. Furthermore, law enforcement cannot properly trace or dismantle criminal syndicates operating in the underworld. South Africa urgently needs a coordinated security response plan with time frames and the strengthening of the National Prosecuting Authority (NPA) as to be functional. South Africa’s liberation history teaches us solidarity. But protection must be credible and enforceable. If a person is granted asylum yet voluntarily returns to the very country they claim to be fleeing during holiday season, that status must be reviewed. You cannot be in danger today and on holiday tomorrow. Accountability is not hostility. It is fairness. It is security. It is sovereignty. 2. Skills development: from training to productivity We welcome the review of the Sector Education and Training Authorities (SETAs) as a corrective measure to ensure that skills funding delivers measurable results. Within the Department of Defence, the South African National Service Institute (SANSI) recently passed out over 500 young people. Mr President, do consider ring-fencing and redirecting SETA funding towards: • Funding into structured, outcome-based programmes such as SANSI. • Standardised study guides in mathematics, languages, accounting and entrepreneurship. • Mandatory practical and technical skill components. In 2001, Deputy Minister Holomisa, Matt Matthys, a maths teacher, Chantel Mulder, then Chief Executive Officer of the South African Institute of Chartered Accountants (SAICA), and the then President of SAICA, Ignatius Sehoole spearheaded the Thuthuka Project, providing English, Mathematics, and Accounting study guides for Grades 9 to 12. Today, that project has produced over 2,000 Black Chartered Accountants. We may need to have a tailor made, or similar setup into skills development. 3. Public Investment Corporation: Mr President, in 2023 you called on the Minister of Finance to address the pension queries of former civil servants. The affected community is still waiting for feedback and progress reports. People are dying while the system drags its feet, and each day of delay is a day of injustice. It is even more painful to see that the funds meant to secure these pensions are being looted by the elite through the Isibaya Fund at the Public Investment Corporation (PIC). Resources meant for ordinary South Africans are being diverted to enrich a few, deepening inequality and betraying public trust. How we wish that money could instead be invested in South Africa’s infrastructure, generating real returns for the country and creating jobs. This is a guaranteed investment in the nation, not in private greed. The people deserve accountability and action, not corruption. I thank you.
Admin
18 Feb, 2026
A call for constitutional refinement of the Hate Speech Act prior to commencement
Mr MC Ramaphosa President of the Republic of South Africa Private Bag X1000 Pretoria 0001 Dear Mister President A call for constitutional refinement of the Hate Speech Act prior to commencement 1. The United Democratic Movement (UDM) writes to you with deep respect for the constitutional office you hold, and with equal seriousness regarding the constitutional implications of the Prevention ofa Hate Crimes and Combating of Hate Speech Act, 2023 (‘the Act’). 2. We had intended to address this matter more fully during the SONA 2026 debate yesterday. However, due to the limited time allocated in the House, the UDM was unable to place our detailed constitutional concerns on record. 3. Given the significance of this legislation and its far-reaching implications, we believe the matter warrants fuller public and parliamentary engagement. It is for this reason that we now write to you directly, to place these concerns before the Head of State and to respectfully seek your consideration. 4. The UDM supports without reservation the protection of human dignity and equality, and a firm response to genuine hatred, incitement to violence, and discrimination. South Africa’s painful history demands vigilance against racism, xenophobia, and all forms of dehumanisation. However, in seeking to protect dignity, the State must take equal care not to erode the foundational freedoms that define our constitutional democracy. 5. It is our considered view that the Act, in its current form, goes beyond what section 16(2)(c) of the Constitution permits. South Africa already possesses effective legal mechanisms to address genuine hate speech and incitement, including common law offences and civil remedies under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), as affirmed and clarified by the Constitutional Court. The introduction of broad criminal sanctions, including imprisonment, therefore represents a significant and unnecessary expansion of state power over expression. 6. Of particular concern is the reliance on concepts that are either undefined or insufficiently defined in a criminal statute. The Act refers to hatred, emotional harm, social harm described as undermining social cohesion, and economic harm without providing the precision required for criminal liability. It further expands protected grounds to include gender identity, gender expression, and sex characteristics without statutory definitions, despite these being contested and evolving concepts in public discourse. In criminal law, vagueness is not a minor technical flaw. Citizens must be able to know clearly and predictably where the line between lawful expression and criminal conduct is drawn. 7. The implications for freedom of religion are especially serious. Faith-based organisations across the country have expressed anxiety that sincerely held religious beliefs, particularly on contested moral and social questions, may expose religious leaders and communities to prosecution or vexatious complaints. Religious freedom is not merely the freedom to believe privately. It includes the freedom to teach, preach, and publicly articulate doctrine without fear of criminal sanction. The current religious exemption clause is widely regarded within civil society as weak and circular, offering little practical protection against overreach. 8. Civil society organisations, including faith-based bodies representing diverse traditions, have consistently emphasised that international law does not require automatic criminalisation of hate speech in the expansive form adopted by the Act. The United Nations Rabat Plan of Action underscores that criminal sanctions should be a measure of last resort and subject to a high threshold. Many within civil society believe the present Act lowers that threshold in a manner that risks a chilling effect on lawful religious, moral, and public discourse. 9. The UDM does not seek to weaken protections against genuine hatred or incitement. Rather, we seek to ensure that dignity and equality are defended in a manner that is constitutionally sound, proportionate, and precise. Equality cannot be advanced by eroding freedom of expression and freedom of religion. Our constitutional order requires that these rights exist in principled balance. 10. We therefore respectfully urge that the Act be subjected to urgent constitutional review and aligned appropriately before it is brought into operation. While the Act has been assented to and promulgated, it has not yet been brought into operation, and this presents a narrow but important window of opportunity for corrective legislative alignment before constitutional uncertainty hardens into litigation. 11. Specifically, we call for alignment of the definition of hate speech with section 16(2)(c) of the Constitution, the provision of clear statutory definitions of hatred and harm with an appropriately high criminal threshold, the removal or tightening of vague and undefined concepts, and the strengthening of the religious exemption clause to ensure meaningful protection for bona fide religious expression. 12. In the spirit of cooperative governance and constructive constitutionalism, the UDM is also preparing a Private Member’s Bill to assist Parliament in addressing the identified defects. Our intention is not to dilute protections against genuine hatred or incitement, but to ensure that the legislation reflects a principled and constitutionally sound balance between dignity, equality, freedom of expression and freedom of religion. 13. Your Excellency, South Africa’s democracy was built on the protection of both dignity and liberty. We trust that under your leadership, legislation that touches so directly on the freedoms of conscience, religion, belief, and expression will be carefully refined to withstand constitutional scrutiny and to preserve the delicate equilibrium upon which our democratic order rests. 14. We remain committed to constructive engagement in this regard. Yours sincerely Deputy Minister Bantu Holomisa, MP President of the United Democratic Movement Copied to: • Mr Nqabayomzi Kwankwa, MP, UDM Deputy President and Leader in Parliament • Freedom of Religion South Africa (FOR SA)
Admin
17 Feb, 2026
State of the Nation Address 2026 debate by Bantu Holomisa
Speech for Deputy Minister Bantu Holomisa, MP and President of the United Democratic Movement at the State of the Nation Address 2026 debate CHECK AGAINST DELIVERY Honourable Speaker Honourable Members The Government of National Unity (GNU) will not be judged by the promises tabled during the opening of Parliament, but by whether that skeletal plan is implemented with urgency, discipline and measurable results. South Africans have heard plans before. What they demand now is execution. 1. Security is the foundation of development The State of the Nation Address (SONA) emphasised economic recovery and energy stability, but sustainable growth also depends on protecting our environment and critical infrastructure from vandalism, illegal mining and sabotage that damage ecosystems and investor confidence. We are strengthening enforcement, deploying coordinated security and accelerating prosecutions because environmental protection, stability and growth are inseparable. The GNU further recognises that development cannot flourish without security. We therefore welcome: • The deployment of the South African National Defence Force (SANDF) in support of South African Police Service (SAPS) in crime epicentres such as the Cape Flats and the broader Western Cape, and areas such as Randfontein in Gauteng. • The elevation of the security cluster as a national priority. • The use of Artificial Intelligence-driven systems for predictive policing and intelligence coordination. In line with the orders issued by the Commander-in-Chief, President Ramaphosa, I confirm that the Department of Defence is seized with operational requirements to support stabilisation interventions in consultation with the security cluster. This is just phase one of restoring normality. 2. Crime and consequences: the era of impunity is over Mqwathi, mandikuqinisekise amasela ixesha lawo liphelile. Yekani ii Law Enforcement Agencies zenze umsebenzi wazo, singaphazanyiswa. The honeymoon is over. Corruption and maladministration have not merely touched the state, they have engulfed it, reaching even into our law enforcement agencies. The rot did not spare the Department of Defence either. That is why we acknowledge the President’s decision to sign the proclamation authorising the Special Investigating Unit (SIU) to investigate these matters and more. Accountability cannot be selective. It must be decisive and it must reach everywhere. At a briefing to the Portfolio Committee and Joint Standing Committee on Defence, the SIU, the Military Police, and the Hawks assured us that we have recovered over R1.6 billion linked to corruption and mismanagement within Defence. This is just a start of restoring the image of our defence force. That is consequence management in action. If Special Courts could be established by the Department of Justice in partnership with the National Prosecuting Authority (NPA), this will assist to accelerate the resolution of all pending military cases. Crime and corruption embarrass this country. They damage investor confidence. They weaken sovereignty. We have no choice but to confronting them head-on. 3. No country survives without law No country can function if its laws are optional, and anyone who comes to this country legally must be prepared to abide by the law or they will be shipped out. Fellow South Africans, you deserve a state that works, systems that speak to each other, and early warning mechanisms that stop crime before it spreads. Without accurate Financial Intelligence Centre Act (FICA) registration, South African Revenue Service (SARS) cannot collect revenue from all traders operating in our economy. Furthermore, law enforcement cannot properly trace or dismantle criminal syndicates operating in the underworld. South Africa urgently needs a coordinated security response plan with time frames and the strengthening of the NPA as to be functional. South Africa’s liberation history teaches us solidarity. But protection must be credible and enforceable. If a person is granted asylum yet voluntarily returns to the very country they claim to be fleeing during holiday season, that status must be reviewed. You cannot be in danger today and on holiday tomorrow. Accountability is not hostility. It is fairness. It is security. It is sovereignty. 4. The Public Investment Corporation Mr President, in 2023 you called on the Minister of Finance to address the pension queries of former civil servants. The affected community is still waiting for feedback and progress reports. People are dying while the system drags its feet, and each day of delay is a day of injustice. It is even more painful to see that the funds meant to secure these pensions are being looted by the elite through the Isibaya Fund at the Public Investment Corporation. Resources meant for ordinary South Africa are being diverted to enrich a few, deepening inequality and betraying public trust. How we wish that money could instead be invested in South Africa’s infrastructure, generating real returns for the country and creating jobs. This is a guaranteed investment in the nation, not in private greed. The people deserve accountability and action, not corruption. 5. Skills development: from training to productivity We welcome the review of the Sector Education and Training Authorities (SETAs) as a corrective measure to ensure that skills funding delivers measurable results. Within Defence, the South African National Service Institute (SANSI) recently passed out over 500 young people. Mr President, do consider ring-fencing and redirecting SETA funding towards: • Funding into structured, outcome-based programmes such as SANSI. • Standardised study guides in mathematics, languages, accounting and entrepreneurship. • Mandatory practical and technical skill components. In 2001, Matt Matthys, Chantal Mulder, the President South African Institute of Chartered Accountants (SAICA), Ignatius Sehoole, and I spearheaded the Thuthuka Project, providing English, Mathematics, and Accounting study guides for Grades 9 to 12. Today, that project has produced over 2,000 Black Chartered Accountants. We may need to have a tailor-made, or similar setup into skills development. 6. Prevention of Hate Crimes and Combating of Hate Speech Act The Prevention of Hate Crimes and Combating of Hate Speech Act, though intended to protect dignity and equality, goes beyond what our Constitution permits and places freedom of religion at risk. It criminalises expression using vague and undefined concepts and expands protected grounds without legal certainty. In a constitutional democracy, believers must be free to express their faith without fear of prosecution. Equality must never be advanced by eroding religious freedom. We therefore urge that the Act be constitutionally aligned through appropriate amendments before it comes into operation. 7. Conclusion: restoring dignity, restoring the state No country survives without law. No economy grows without stability. No democracy thrives without accountability. South Africans want safety, fairness, opportunity and a state that works. Through decisive, coordinated action on security reform, border integrity, infrastructure protection, skills development and consequence management, we will deliver. Judge us not by our words, but by the order we restore, the stability we secure and the future we build together. I thank you.
Admin
13 Feb, 2026
Tragic death of Bernard Isaacs Primary School 5-year-old: protecting our youngest learners
Statement by Zandile Phiri, Acting Secretary General of the United Democratic Movement It is with profound sadness that United Democratic Movement (UDM) reflects on the tragic circumstances surrounding the death of a five-year-old learner at Bernard Isaacs Primary School in Coronationville, Johannesburg. Parents entrust schools with the care and protection of their children every single day. That trust must never be compromised. The loss of a child in a school environment is not only a family tragedy, but also a national concern. We note that the Gauteng Department of Education has appointed an independent law firm to investigate this matter. The process must be thorough, transparent and credible. The family deserves clear answers. The community deserves clarity; and where accountability is required, it must follow without delay. Tragically, this is not an isolated incident. Earlier this year, an eight-year-old learner at Klapmuts Primary School in the Western Cape died during school hours under circumstances that required police investigation. In 2025, another eight-year-old learner at Alberview Primary School in Gauteng died after sustaining injuries while playing at school, prompting an independent departmental inquiry. When incidents of this nature occur repeatedly across provinces, they demand more than case-by-case responses. They demand systemic intervention. The UDM therefore calls on the Minister of Basic Education Siviwe Gwarube and her department to initiate a nationwide review of school safety protocols. This must include: 1. A comprehensive audit of supervision policies during school hours and school events. 2. A review of infrastructure safety, including classrooms, playgrounds and sanitation facilities. 3. Clear national minimum standards for emergency response procedures at schools. 4. Mandatory reporting and transparency frameworks when serious incidents occur. 5. Immediate psychosocial support mechanisms for learners, staff and families affected by school tragedies. The safety of children cannot depend solely on provincial capacity or individual school management. National leadership must set clear standards, enforce compliance, and ensure that preventative measures are implemented uniformly across the country. Schools must remain safe spaces for learning, not sites of preventable tragedy. If gaps exist, they must be closed. If policies are inadequate, they must be strengthened. If oversight is weak, it must be reinforced. Our thoughts remain with the family of the young learner and all families who continue to seek answers in similar cases. We owe it to them, and to every child in South Africa, to move from reaction to prevention.
- 01
- 02
- 03
- 04
- 05
- 06
- 07
- 08
- 09
- 10
- 11
- 12
- 13
- 14
- 15
- 16
- 17
- 18
- 19
- 20
- 21
- 22
- 23
- 24
- 25
- 26
- 27
- 28
- 29
- 30
- 31
- 32
- 33
- 34
- 35
- 36
- 37
- 38
- 39
- 40
- 41
- 42
- 43
- 44
- 45
- 46
- 47
- 48
- 49
- 50
- 51
- 52
- 53
- 54
- 55
- 56
- 57
- 58
- 59
- 60
- 61
- 62
- 63
- 64
- 65
- 66
- 67
- 68
- 69
- 70
- 71
- 72
- 73
- 74
- 75
- 76
- 77
- 78
- 79
- 80
- 81
- 82
- 83
- 84
- 85
- 86
- 87
- 88
- 89
- 90
- 91
- 92
- 93
- 94
- 95
- 96
- 97
- 98
- 99
- 100
- 101
- 102
- 103
- 104
- 105
- 106
- 107
- 108
- 109
- 110
- 111
- 112
- 113
- 114
- 115
- 116
- 117
- 118
- 119
- 120
- 121
- 122
- 123
- 124
- 125
- 126
- 127
- 128
- 129
- 130
- 131
- 132
- 133
- 134
- 135
