The purpose of my essay is to flesh out why the issue of corruption should be the preeminent foreign policy issue for the South African government – in line with the imperatives of the Constitution and furthered by the jurisprudence of the Constitutional Court and other courts, as well as giving effect to its own commitment of human rights in its most recent Foreign Policy White Paper (mentioned earlier). Moreover, South Africa has ratified the United Nations Convention Against Corruption, adopted in 2003 and coming into force in 2005.

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We have argued that the Constitution primarily allocates foreign policy responsibility to the national executive. The President and the Department of International Relations and Cooperation (DIRCO) and its foreign missions are the key actors in the executive responsible for making and overseeing foreign policy. The Constitution prescribes both substantive and procedural rules to guide the executive in its foreign policy choices

In South Africa’s constitutional scheme, all public power, including foreign policy powers, is subject to judicial review for legality, rationality and compliance with the Bill of Rights. However, the scope of the judicial review – and in particular the standard of rationality – is informed by a certain deference to the executive, in order to respect the democratic principle and its institutional competence. The level of deference will depend on the facts and circumstances of each case. This means that the level of scrutiny to be afforded the other branches of government’s respective foreign relations powers and responsibilities cannot be predicted with any degree of confidence. Rather, the particular circumstances and context of the case will be the primary concern of the courts.

March 23, 2021

Message to the African Ministers of Finance, Planning and Economic Development

On

Mounting Sovereign Debt of African Countries 23rd March 2021

 

The courts, utilising their Constitution given powers, have in certain cases declared foreign policy unconstitutional for being inconsistent with the Constitution. The courts have also interpreted foreign policy in order to bring it in line with the Constitution. In so doing, it can be argued that courts have invariably played a role in the making and implementation of South Africa’s foreign policy.

March 22, 2021

I am thankful to the organisers of this Forum for the invitation to speak on African sovereign debt ahead of the African Finance, Development and Planning Ministers Meeting from March 17th to 21st, 2021. As Civil Society Organizations, we are meeting at a crucial time, as African leaders devise strategies to support the continent’s recovery from COVID-19 induced economic devastation.

I am angry but Hopeful.

As part of its 2021 Annual Meeting (March 24-26), the American Society of International Law invites our members and colleagues from around the world to participate in a special series of sessions focusing on regional issues of international law and policy that will be affected by the new Biden-Harris Administration.

ECA's mission is to deliver ideas and actions for an empowered and transformed Africa; informed by the 2030 Agenda and Agenda 2063. The mission will be guided by ECA's five new strategic directions which are advancing ECA's position as a premier knowledge institution that builds on its unique position and privilege to bring global solutions to the continent's problems and take local solution to the continent; developing macroeconomic and structural policy options to accelerate economic diversification and job creation; designing and implementing innovative financing models for infrastructure, and for human, physical and social assets for a transforming Africa; contributing solutions to regional and transboundary challenges, with a focus on peace security and social inclusion as an important development nexus; advocating Africa's position at the global level and developing regional responses as a contribution to global governance issues.