You can only imagine the frustration when Bantubonke Tokota, senior advocate at the Pretoria Bar and an acting high court judge, read the papers for a case he was to hear. Tokota had helped investigate failures of SA’s new constitutional order that led to the massacre of striking miners at Marikana.Now here he was, an acting judge, chastising officials once again in the case of Marikana Motors. Granted, it was a matter of less significance (no-one was dead, the problem’s scale was quite different). But again the questions arise as to why officials don’t do their work properly; why the transparency and accountability promised by the new dispensation still elude us.This case began when Eldora CC bought a property to develop a petrol station. Provincial requirements cleared, Eldora applied to the national energy department for a licence. Newspaper adverts followed, giving notice of the project and how to lodge objections. Enter Marikana Motors. Its owners, running a similar business ne...

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