Because it's moot. That means that the SCA has spoken. As per the Daily Maverick
The Constitutional Court has refused to hear an appeal against a ruling that found that Broad-Based Black Economic Empowerment (BBBEE) should not have been used as a criterion for the government’s Covid-19 tourism relief grants.
Brought by the Minister of Tourism and Others to appeal a Supreme Court ruling in favour of AfriForum and Solidarity, the application sought legal certainty on whether the minister was obliged or entitled to include BBBEE status among the criteria that the Department of Tourism used to select small businesses (SMMEs) that qualified for the Tourism Relief Fund.
The Supreme Court had ruled that the minister was neither obliged, nor was she entitled, to include race-based information in the selection criteria used to select SMMEs to be given the grants.
In March 2020, after the Minister of Cooperative Governance and Traditional Affairs had declared a state of disaster in the country, the national lockdown forbade those who were not essential services workers from travelling for work or social visits – and only businesses that delivered essential services were allowed to operate.
I can just see the arrogant anc minister (hence incompetent) instructing her lawyers to sort out these white people, because the anc is now more about populist anti-white sentiment than anything else - hell they even booted carl niehaus out, can't fault them for that really.
Her policy was wrong. It was unconstitutional, it was her saying to a certain race group of tax payers that their tax money is welcome but we're not going to use it on you.
Now we we've got everybody's great aunt call the shots about Eskom. She's a complete fuck up, and it's unlikely that Cyril (notice he's still uppercase even though he's up there in the fuck-up stakes). To get an idea of her power read on (their uppercase, not mine)
Under a state of disaster, Dlamini Zuma's actions are not subject to review by Parliament. She can extend the national state of disaster indefinitely. Efforts to reform disaster laws, to change both those things, went nowhere.
During the Covid-19 state of disaster, the courts proved both slow and generally loathe to intervene.
That leaves Ramaphosa as the only check on Dlamini Zuma's powers. He can, instantaneously and without reason, remove her from her post, which would immediately end her ability to issue decrees. Given the deep divide within his party, though, firing Dlamini Zuma would almost certainly trigger an attempt to remove Ramaphosa himself – with a real chance of succeeding.
Electricity would get its own minister, Ramaphosa said on Thursday night, "to assume full responsibility for overseeing all aspects of the electricity crisis response".
Except not quite. Any normal ministerial powers are overridden by a state of disaster, and in a state of disaster other ministers, say a new minister of electricity, has exactly such additional powers as are delegated by the minister of cooperative governance.
So, for good or ill, ultimate responsibility will still rest with Dlamini Zuma, as long as she holds that post.
What should we call this - Corruption 3000.0? It's time, this incompetence and arrogance is too much.
And SONA - malema, I'd like to say special. There's nothing special there, just predictability. eff-up's antics aside. Cyril's speech is nothing special because he never delivers on his promises anyway.
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