on 18 August 2007, Constitutional Court Judge Sandile Ngcobo declared that the part of the Twelfth Amendment Act of the Constitution that altered the boundaries of KwaZulu Natal was invalid because it was not adopted in a manner consistent with the Constitution.
Although the Eastern Cape held public hearings on the matter of Matatiele being incorporated into the Eastern Cape, KwaZulu-Natal did not. There was therefore not sufficient public participation in the legislative process, which was inconsistent with the Constitution. Ngcobo suspended the order of invalidity for 18 months for Parliament to adopt a new amendment to the Constitution if it wished to.
Matatiele-Maluti Mass Action Organising Committee chairman Mandla Galo said on Tuesday the organisation would be presenting 3 920 written submissions against the district's continued incorporation into the Eastern Cape. "The reasons for wanting to stay in KwaZulu-Natal are economic. The distance between Matatiele and Bisho is the same as going from Matatiele to Pretoria." He said most people in the district were oriented towards Durban and Pietermaritzburg. The opposition to being incorporated into the Eastern Cape went across the colour spectrum. "White business and farmers are behind us. I must sincerely thank them for giving their workers time off today to come here (to the stadium)."
Matatiele was incorporated into the Eastern Cape on 28 February 2007, hours before voting started in the local government election of 2006.
Source: News 24
Tuesday, October 30, 2007
Sunday, October 28, 2007
Shembe flock to Dube's funeral
Thousands of people mostly Shembe believers have started arriving at Ingogo Farm in Newcastle in northern KwaZulu-Natal for the funeral service of reggae star Lucky Dube.
The worshippers came in buses taxis, bicycles and private vehicles, singing hymns ahead of the funeral service which is expected to start shortly. Rastafarians are among the thousands of people who want to bid farewell to the international acclaimed reggae star. Last minute preparations are being made to the grave site where Dube is expected to be laid to rest. The burial will be a private affair.
Dube was gunned down in an apparent botched hijacking in Rosettenville ten days ago. He had just dropped off two of his seven children at their uncle's house when he was shot.
Dube recorded 22 albums in Zulu, English and Afrikaans in a 25-year period and was South Africa's biggest selling reggae artist.
Source: SABC News
The worshippers came in buses taxis, bicycles and private vehicles, singing hymns ahead of the funeral service which is expected to start shortly. Rastafarians are among the thousands of people who want to bid farewell to the international acclaimed reggae star. Last minute preparations are being made to the grave site where Dube is expected to be laid to rest. The burial will be a private affair.
Dube was gunned down in an apparent botched hijacking in Rosettenville ten days ago. He had just dropped off two of his seven children at their uncle's house when he was shot.
Dube recorded 22 albums in Zulu, English and Afrikaans in a 25-year period and was South Africa's biggest selling reggae artist.
Source: SABC News
Tuesday, October 23, 2007
Call for better complaint mechanism for judges
The Ministry of Justice needs to speed up the formation of an appropriate complaints mechanism dealing with judges, the National Association of Democratic Lawyers (Nadel) said on Tuesday. This follows the controversy surrounding Cape Judge President John Hlophe.
The complaints mechanism should cover procedure to be followed and appropriate sanction in case of adverse findings. "Inasmuch as this matter leads to emotions, it is actually the time for reflection and to drawing of serious lessons from it. We can hardly afford the creation of an environment that discredits the judiciary, a fundamental pillar of our Constitution and democracy," said Nadel general secretary Xolani Boqwana in a statement. He said the commentary around the matter had put tremendous stress on the judiciary and the organised legal profession.
It had undermined democratic and constitutional institutions, in particular the Judicial Services Commission (JSC), it called into question the integrity and credibility of the chief justice, who presides over the JSC, and polarised the judiciary and the legal profession along racial lines. It had undermined transformation of these institutions, which depend on unity for progress. "The actions of Judge President Hlophe, as pronounced by the [the] JSC, proves that the judges are fallible and in the absence of an appropriate complaint mechanism, dealing with judges speedily and appropriately, the JSC will always be put in an invidious position, as in this case."
Nadel said it was inappropriate for judges and members of the legal profession to act or comment in a manner that undermined the judicial process. The JSC's pronouncement should be respected and it is the responsibility of lawyers and judges to ensure that the rule of law is respected. "These people cannot in the forum of the media tear down the integrity of the institutions bestowed with the responsibility of protecting and enhancing the rule of law."
On October 4 the JSC found that there was not enough evidence to proceed with a public inquiry relating to payments Hlophe received from a company, Oasis, and that impeachment proceedings would not be brought against him. However, the commission found that it was inappropriate for Hlophe to have given permission to Oasis to sue fellow Cape Judge Siraj Desai without disclosing his relationship with the company making the application.
The commission has been investigating complaints laid by Cape Town Advocate Peter Hazell against Hlophe after it emerged that the Cape judge president had been on a monthly retainer at Oasis Group Holdings and that he had, between 2002 and 2005, received R500 000 in fees from the company. The finding was described by some political parties as a "slap on the wrist" and retired Judge Johan Kriegler wrote in a newspaper that Hlophe was not fit to be a judge.
Following Kriegler's comments, nine senior advocates from the Cape Bar, some of them former acting judges, publicly called on Hlophe to quit. The move by Kriegler and the advocates drew adverse comment from the Black Lawyers' Association.
Source: Mail & Guardian
The complaints mechanism should cover procedure to be followed and appropriate sanction in case of adverse findings. "Inasmuch as this matter leads to emotions, it is actually the time for reflection and to drawing of serious lessons from it. We can hardly afford the creation of an environment that discredits the judiciary, a fundamental pillar of our Constitution and democracy," said Nadel general secretary Xolani Boqwana in a statement. He said the commentary around the matter had put tremendous stress on the judiciary and the organised legal profession.
It had undermined democratic and constitutional institutions, in particular the Judicial Services Commission (JSC), it called into question the integrity and credibility of the chief justice, who presides over the JSC, and polarised the judiciary and the legal profession along racial lines. It had undermined transformation of these institutions, which depend on unity for progress. "The actions of Judge President Hlophe, as pronounced by the [the] JSC, proves that the judges are fallible and in the absence of an appropriate complaint mechanism, dealing with judges speedily and appropriately, the JSC will always be put in an invidious position, as in this case."
Nadel said it was inappropriate for judges and members of the legal profession to act or comment in a manner that undermined the judicial process. The JSC's pronouncement should be respected and it is the responsibility of lawyers and judges to ensure that the rule of law is respected. "These people cannot in the forum of the media tear down the integrity of the institutions bestowed with the responsibility of protecting and enhancing the rule of law."
On October 4 the JSC found that there was not enough evidence to proceed with a public inquiry relating to payments Hlophe received from a company, Oasis, and that impeachment proceedings would not be brought against him. However, the commission found that it was inappropriate for Hlophe to have given permission to Oasis to sue fellow Cape Judge Siraj Desai without disclosing his relationship with the company making the application.
The commission has been investigating complaints laid by Cape Town Advocate Peter Hazell against Hlophe after it emerged that the Cape judge president had been on a monthly retainer at Oasis Group Holdings and that he had, between 2002 and 2005, received R500 000 in fees from the company. The finding was described by some political parties as a "slap on the wrist" and retired Judge Johan Kriegler wrote in a newspaper that Hlophe was not fit to be a judge.
Following Kriegler's comments, nine senior advocates from the Cape Bar, some of them former acting judges, publicly called on Hlophe to quit. The move by Kriegler and the advocates drew adverse comment from the Black Lawyers' Association.
Source: Mail & Guardian
Saturday, October 20, 2007
SA reggae's voice of freedom silenced
Lucky Phillip Dube, one of the greatest South African musicians of our generation and arguably one of the best reggae artists in the world, has been shot to death.
Source: Pretoria News
Source: Pretoria News
Wednesday, October 17, 2007
US rejects UN mercenary report
The U.S. government on Wednesday rejected a U.N. report that said the use of private security guards like those involved in the shooting deaths of Iraqi civilians amounted to a new form of mercenary activity.
The report by a five-member panel of independent U.N. human rights experts said the contractors were performing military duties even though they were hired to be security guards. The killing of 17 civilians in Baghdad last month by Blackwater USA guards underscores the risks of using such contractors, said panel chairman, Jose Luis Gomez del Prado of Spain.
A spokesman for the U.S. Mission to U.N. offices in Geneva released a statement Wednesday denying the security guards were mercenaries.
"Accusations that U.S. government-contracted security guards, of whatever nationality, are mercenaries is inaccurate and demeaning to men and women who put their lives on the line to protect people and facilities every day," the statement said.
"The security guards working for U.S. government contractors in Iraq and elsewhere protect clearly defined United States government areas, and their work is defensive in nature," it said.
Although the use of mercenaries is discouraged in international rules of conduct of war, the hiring of foreign soldiers by one country for use in a third is specifically illegal only for the 30 countries that ratified a 1989 treaty. The U.S. and Iraq are among the many countries that never signed the accord.
"The trend toward outsourcing and privatizing various military functions by a number of member states in the past 10 years has resulted in the mushrooming of private military and security companies," the U.N. panel's report said.
The "tremendous increase" in the number of such companies -- including those working for the U.S. State and Defense departments -- has occurred in Afghanistan and Iraq, said the report, which will be presented to the U.N. General Assembly next month.
A joint U.S.-Iraqi panel has been created to review the practices of security companies, and Congress has opened inquiries into the role of the contractors. Multiple U.S. investigations into the Baghdad shooting are under way.
Gomez del Prado said the panel has been studying the use of contractors for two years and found that they were being hired from all over the world.
Experts from the panel visited Honduras, Ecuador, Peru, Chile and Fiji to look into recruiting and training practices by the private contractors.
Source: USA TODAY
The report by a five-member panel of independent U.N. human rights experts said the contractors were performing military duties even though they were hired to be security guards. The killing of 17 civilians in Baghdad last month by Blackwater USA guards underscores the risks of using such contractors, said panel chairman, Jose Luis Gomez del Prado of Spain.
A spokesman for the U.S. Mission to U.N. offices in Geneva released a statement Wednesday denying the security guards were mercenaries.
"Accusations that U.S. government-contracted security guards, of whatever nationality, are mercenaries is inaccurate and demeaning to men and women who put their lives on the line to protect people and facilities every day," the statement said.
"The security guards working for U.S. government contractors in Iraq and elsewhere protect clearly defined United States government areas, and their work is defensive in nature," it said.
Although the use of mercenaries is discouraged in international rules of conduct of war, the hiring of foreign soldiers by one country for use in a third is specifically illegal only for the 30 countries that ratified a 1989 treaty. The U.S. and Iraq are among the many countries that never signed the accord.
"The trend toward outsourcing and privatizing various military functions by a number of member states in the past 10 years has resulted in the mushrooming of private military and security companies," the U.N. panel's report said.
The "tremendous increase" in the number of such companies -- including those working for the U.S. State and Defense departments -- has occurred in Afghanistan and Iraq, said the report, which will be presented to the U.N. General Assembly next month.
A joint U.S.-Iraqi panel has been created to review the practices of security companies, and Congress has opened inquiries into the role of the contractors. Multiple U.S. investigations into the Baghdad shooting are under way.
Gomez del Prado said the panel has been studying the use of contractors for two years and found that they were being hired from all over the world.
Experts from the panel visited Honduras, Ecuador, Peru, Chile and Fiji to look into recruiting and training practices by the private contractors.
Source: USA TODAY
Tuesday, October 9, 2007
Ernesto "Che" Guevara
There was no person more feared by the company (CIA) than Che Guevara because he had the capacity and charisma necessary to direct the struggle against the political repression of the traditional hierarchies in power in the countries of Latin America.— Philip Agee, CIA agent
By December 1964, Che Guevara had emerged as a "revolutionary statesmen of world stature" and thus traveled to New York City as head of the Cuban delegation to speak at the United Nations. During his impassioned address, he criticized the United Nations inability to confront the "brutal policy of apartheid" in South Africa, proclaiming "can the United Nations do nothing to stop this?" Guevara then denounced the United States policy towards their black population, stating:
"Those who kill their own children and discriminate daily against them because of the color of their skin; those who let the murderers of blacks remain free, protecting them, and furthermore punishing the black population because they demand their legitimate rights as free men — how can those who do this consider themselves guardians of freedom?"
Source: Wikipedia
Sunday, October 7, 2007
Prosperity, identity, democracy
The December national conference of the ANC is an event of central significance for all South Africans. The ANC played the leading role in South Africa's transition to democracy and has been the massively dominant player in our first decade of freedom. Conference delegates will therefore be making decisions that touch and indeed shape the lives of the nearly 50-million citizens of our country.
While much speculation has understandably been focused on which individuals will be elected to key leadership positions, this citizen is much more interested in what the conference will say and do about how our country is to be governed. I am even more interested in the vision that emerges of the South Africa the ANC wants to build in this second decade of freedom. In particular three aspects of that vision interest me. These relate to prosperity, identity and the quality of our democracy.
The years since 1994 have seen dramatic and impressive improvements in the state of the South African economy. Our new democracy inherited a fortress economy on the verge of bankruptcy, in which the interest on national debt continued to rise each year, displacing all other spending priorities. High inflation, negative foreign reserves, a rapidly weakening exchange rate and an economy that was essentially ex-growth was the legacy. All this has changed in a way that should certainly qualify the economic management team for a global best-in-class award.
Impressive progress has also been made in extending basic services such as water, electricity, schooling and healthcare to millions previously existing on the periphery of our society. About 11-million people receive a social grant of one form or another, making South Africa's social support system one of the most comprehensive among developing countries.
That said, problems of both poverty and inequality exist and demand the nation's urgent and effective attention. The challenge for the next decade must be to translate sustained high levels of economic growth into increasing levels of productive employment.
If we are to meet the Millennium Development Goals set for 2014, we need to add about five million jobs, as well as address the issue of the working poor. In the tough and unsentimental global markets in which South Africa's very open economy must compete, most of our industries need to up their game, both to win and retain export markets, and to compete effectively against foreign participants in our domestic markets.
With regard to social services the critical challenge we face is about quality. Most children are in school. But what is the quality of their learning? Most citizens do have access to healthcare. But how effective is that healthcare? Intense challenges must be addressed in all aspects of our criminal justice system if we are to reduce the very real level of fear in which most South Africans conduct their daily lives.
None of these challenges can be met by government alone, even a government with the best possible policies and effective implementation.
All these critical challenges require a partnership between government, other actors in civil society and, crucially, the constructive activity of citizens themselves. These partnerships in turn require both some measure of shared goals and significant levels of mutual trust. This alone will achieve the increased levels of prosperity that will make a better life for all South Africans a reality rather than a dream.South Africa is in the very early stages of constructing a nation out of our fragmented and often bitter past. Central to this is the creation of a national identity that unites the subsets of South Africans.
Here, too, important progress has already been made and a promising foundation laid. Our national anthem consists of four of our national languages, and two important pieces of our musical heritage. More and more South Africans are able to sing all four stanzas. Our flag has captured the emotional loyalty of the vast majority of our people.
We still have a way to go. Our history indicates clearly that a good future will be the result of both unity and cooperation between all the peoples of our country -- all who live here and who want to live here.
Perhaps we need to develop a "pledge of allegiance" similar to that recited by all American school children at the start of each school day. The preamble to our Constitution provides good words. We need to encourage all South Africans to live the language of inclusive patriotism: in this regard "African" cannot be a synonym for "black".
Language is a critical tool in building a national identity. English will continue to be the lingua franca for much of our daily lives. However, vital and resourceful parts of our culture will continue to use the currency of what we often refer to as "vernacular" languages, which clearly include Afrikaans. In this regard we need a national project to encourage South African citizens to become multilingual. South Africans have a campaign culture. Can we not create a movement that encourages all South Africans to learn, at least to the degree of some conversational ability, a second language? This will be a particular challenge to English-language mother-tongue speakers. Their efforts will be well rewarded by the quality of their social interaction and they will quite literally define the parameters of a shared national identity.
The story of South African politics so far is the contest between the obviously desirable goal of greater national unity and the seduction of mobilising political power around sectional appeals. The way in which the delegates at Polokwane choose between these competing forces will have consequences for all South Africans.
What will the ANC conference do about the state of our democracy?
Here it seems two distinct challenges exist. What will be the quality of the internal debate within ANC structures? And how does the ANC see its role in the broader society?
On the first two, divergent trends are apparent. Over the course of this year very serious attempts have been made to offer the ANC, and the nation that it serves, serious debate. Policy documents have been made public which address all of the issues above, and more. ANC members and formations have been invited to engage with the critical issues in a spirit of free and real debate.
The contrasting trend, however, has also been evident. This has subsumed debate in the quest for power. Here what individual ANC members believed about the issues has become secondary to who they will support in election races. This is an inevitable tension in any political movement. The way in which it is resolved, though, shapes not only who gets power, but how those empowered use power.
The ANC was created as a parliament of the African people of South Africa. Today it also serves as the largest party in the Parliament.
Our Constitution sets out to build democratic institutions that have legitimacy and life beyond that of individual political movements.
Every member of Parliament, from whatever party, is part of this construction project. Democratic institutions have little real life outside the political culture that creates (and sometimes destroys) them.
We urgently need a culture that seeks and respects the robust contestation of ideas. No individual and no organisation has a monopoly on truth. Those who shut down debate with crude appeals to party or sectional loyalty do our Constitution, and the spirit of 1994, no favours.
Equally, debate and discourse can only thrive in an atmosphere of mutual respect. Opposition parties need to acknowledge the electoral support enjoyed by the ANC. They also need to treat the offices of our government with respect. It is their patriotic duty so to do. The ANC in turn needs to accept the decision of voters to elect representatives from organisations other than themselves. They need to treat opposition parties as part of the national and democratic project, who can and will make a contribution to building a better future. The recent respectful and constructive meeting between the South African president and the leader of the opposition is an encouraging start.
Source: Mail & Guardian
While much speculation has understandably been focused on which individuals will be elected to key leadership positions, this citizen is much more interested in what the conference will say and do about how our country is to be governed. I am even more interested in the vision that emerges of the South Africa the ANC wants to build in this second decade of freedom. In particular three aspects of that vision interest me. These relate to prosperity, identity and the quality of our democracy.
The years since 1994 have seen dramatic and impressive improvements in the state of the South African economy. Our new democracy inherited a fortress economy on the verge of bankruptcy, in which the interest on national debt continued to rise each year, displacing all other spending priorities. High inflation, negative foreign reserves, a rapidly weakening exchange rate and an economy that was essentially ex-growth was the legacy. All this has changed in a way that should certainly qualify the economic management team for a global best-in-class award.
Impressive progress has also been made in extending basic services such as water, electricity, schooling and healthcare to millions previously existing on the periphery of our society. About 11-million people receive a social grant of one form or another, making South Africa's social support system one of the most comprehensive among developing countries.
That said, problems of both poverty and inequality exist and demand the nation's urgent and effective attention. The challenge for the next decade must be to translate sustained high levels of economic growth into increasing levels of productive employment.
If we are to meet the Millennium Development Goals set for 2014, we need to add about five million jobs, as well as address the issue of the working poor. In the tough and unsentimental global markets in which South Africa's very open economy must compete, most of our industries need to up their game, both to win and retain export markets, and to compete effectively against foreign participants in our domestic markets.
With regard to social services the critical challenge we face is about quality. Most children are in school. But what is the quality of their learning? Most citizens do have access to healthcare. But how effective is that healthcare? Intense challenges must be addressed in all aspects of our criminal justice system if we are to reduce the very real level of fear in which most South Africans conduct their daily lives.
None of these challenges can be met by government alone, even a government with the best possible policies and effective implementation.
All these critical challenges require a partnership between government, other actors in civil society and, crucially, the constructive activity of citizens themselves. These partnerships in turn require both some measure of shared goals and significant levels of mutual trust. This alone will achieve the increased levels of prosperity that will make a better life for all South Africans a reality rather than a dream.South Africa is in the very early stages of constructing a nation out of our fragmented and often bitter past. Central to this is the creation of a national identity that unites the subsets of South Africans.
Here, too, important progress has already been made and a promising foundation laid. Our national anthem consists of four of our national languages, and two important pieces of our musical heritage. More and more South Africans are able to sing all four stanzas. Our flag has captured the emotional loyalty of the vast majority of our people.
We still have a way to go. Our history indicates clearly that a good future will be the result of both unity and cooperation between all the peoples of our country -- all who live here and who want to live here.
Perhaps we need to develop a "pledge of allegiance" similar to that recited by all American school children at the start of each school day. The preamble to our Constitution provides good words. We need to encourage all South Africans to live the language of inclusive patriotism: in this regard "African" cannot be a synonym for "black".
Language is a critical tool in building a national identity. English will continue to be the lingua franca for much of our daily lives. However, vital and resourceful parts of our culture will continue to use the currency of what we often refer to as "vernacular" languages, which clearly include Afrikaans. In this regard we need a national project to encourage South African citizens to become multilingual. South Africans have a campaign culture. Can we not create a movement that encourages all South Africans to learn, at least to the degree of some conversational ability, a second language? This will be a particular challenge to English-language mother-tongue speakers. Their efforts will be well rewarded by the quality of their social interaction and they will quite literally define the parameters of a shared national identity.
The story of South African politics so far is the contest between the obviously desirable goal of greater national unity and the seduction of mobilising political power around sectional appeals. The way in which the delegates at Polokwane choose between these competing forces will have consequences for all South Africans.
What will the ANC conference do about the state of our democracy?
Here it seems two distinct challenges exist. What will be the quality of the internal debate within ANC structures? And how does the ANC see its role in the broader society?
On the first two, divergent trends are apparent. Over the course of this year very serious attempts have been made to offer the ANC, and the nation that it serves, serious debate. Policy documents have been made public which address all of the issues above, and more. ANC members and formations have been invited to engage with the critical issues in a spirit of free and real debate.
The contrasting trend, however, has also been evident. This has subsumed debate in the quest for power. Here what individual ANC members believed about the issues has become secondary to who they will support in election races. This is an inevitable tension in any political movement. The way in which it is resolved, though, shapes not only who gets power, but how those empowered use power.
The ANC was created as a parliament of the African people of South Africa. Today it also serves as the largest party in the Parliament.
Our Constitution sets out to build democratic institutions that have legitimacy and life beyond that of individual political movements.
Every member of Parliament, from whatever party, is part of this construction project. Democratic institutions have little real life outside the political culture that creates (and sometimes destroys) them.
We urgently need a culture that seeks and respects the robust contestation of ideas. No individual and no organisation has a monopoly on truth. Those who shut down debate with crude appeals to party or sectional loyalty do our Constitution, and the spirit of 1994, no favours.
Equally, debate and discourse can only thrive in an atmosphere of mutual respect. Opposition parties need to acknowledge the electoral support enjoyed by the ANC. They also need to treat the offices of our government with respect. It is their patriotic duty so to do. The ANC in turn needs to accept the decision of voters to elect representatives from organisations other than themselves. They need to treat opposition parties as part of the national and democratic project, who can and will make a contribution to building a better future. The recent respectful and constructive meeting between the South African president and the leader of the opposition is an encouraging start.
Source: Mail & Guardian
Thursday, October 4, 2007
JSC: No impeachment proceedings against Hlophe
No impeachment proceedings will be instituted against Cape Judge President John Hlophe, the Judicial Service Commission (JSC) said on Thursday. Chief Justice Pius Langa said although the JSC members were divided on whether there was sufficient evidence to justify proceedings that could lead to impeachment, it was generally agreed the proceedings should not be pursued. "Ultimately the majority view was that there was not sufficient evidence to proceed with a public inquiry in regard to the main count of receiving payment from Oasis without consent from the minister," Langa said, briefing the media after a JSC meeting on Hlophe.
The commission, however, expressed dissatisfaction over some of the explanations it had received from Hlophe. "In addition, the JSC was unanimous in its view that it was inappropriate for the judge president to have given permission to Oasis to sue Judge Desai without disclosing his relationship with Oasis," Langa said.
Source: Mail & Guardian
The commission, however, expressed dissatisfaction over some of the explanations it had received from Hlophe. "In addition, the JSC was unanimous in its view that it was inappropriate for the judge president to have given permission to Oasis to sue Judge Desai without disclosing his relationship with Oasis," Langa said.
Source: Mail & Guardian
JSC: No impeachment proceedings against Hlophe
No impeachment proceedings will be instituted against Cape Judge President John Hlophe, the Judicial Service Commission (JSC) said on Thursday. Chief Justice Pius Langa said although the JSC members were divided on whether there was sufficient evidence to justify proceedings that could lead to impeachment, it was generally agreed the proceedings should not be pursued. "Ultimately the majority view was that there was not sufficient evidence to proceed with a public inquiry in regard to the main count of receiving payment from Oasis without consent from the minister," Langa said, briefing the media after a JSC meeting on Hlophe.
The commission, however, expressed dissatisfaction over some of the explanations it had received from Hlophe. "In addition, the JSC was unanimous in its view that it was inappropriate for the judge president to have given permission to Oasis to sue Judge Desai without disclosing his relationship with Oasis," Langa said.
Source: Mail & Guardian
The commission, however, expressed dissatisfaction over some of the explanations it had received from Hlophe. "In addition, the JSC was unanimous in its view that it was inappropriate for the judge president to have given permission to Oasis to sue Judge Desai without disclosing his relationship with Oasis," Langa said.
Source: Mail & Guardian
Wednesday, October 3, 2007
Masetlha v President of the Republic of South Africa and Another
This morning, the Constitutional Court handed down judgment in the matter between Mr Masetlha, the former Director-General of the National Intelligence Agency (NIA), and the President of the Republic of South Africa. The Court was called upon to decide whether two decisions taken by the President, one to suspend and the other to terminate Mr Masetlha’s employment as head of the NIA, was constitutionally permissible.
In a majority judgment, in which Langa CJ, Navsa AJ, Nkabinde J, O’Regan J, Skweyiya J and Van der Westhuizen J concurred, Moseneke DCJ held that the President’s power to appoint and dismiss is not exclusively located in the provisions of the Public Service Act, which provides for the manner and form of the service contract, but must be read in conjunction with the prevailing constitutional and legislative scheme, which implicitly confers on the President such power. He concluded that the President had the power to terminate the employment of the applicant under section 209 of the Constitution read with section 3 of the Intelligence Services Act.
In a minority judgment in which Madala J concurred, Ngcobo J held that under the Constitution the President has a duty to act fairly and that duty precludes the President from unilaterally altering the term of office of the head of the NIA. He held that this is a requirement of the rule of law which is one of the foundational values of our constitutional democracy. He found, however, that on the objective facts before the Court, there has been an irreparable breakdown of trust between the President and Mr Masetlha. Mutual trust, he held, is fundamental to the relationship between the President and Mr Masetlha. On the facts of this case, it is therefore not appropriate to re-instate Mr Masetlha in his former position.
In a separate judgement Sachs J concurred in the order made by the majority, and held that given the loss of the trust that lay at the heart of the specific constitutionally defined relationship between the President and Mr Masetlha, the termination of the appointment was not unlawful. Fairness further presupposed that appropriate concern be displayed for the reputational consequences of an incumbent who is about to be relieved of a high profile position in public life. Sachs J added that fair dealing could not be separated from civility, which, in a constitutional sense, involved more than just courtesy or good manners and was one of the binding elements of a constitutional democracy.
The Court also ordered the President to pay the applicant remuneration, allowances, pension and other benefits for the period starting on 22 March 2006 up to 1 December 2007, all of which must place the applicant in the same financial position that he would have been in but for the early termination of his term of office. The Court has made no order as to costs.
Source: The Constitutional Court
In a majority judgment, in which Langa CJ, Navsa AJ, Nkabinde J, O’Regan J, Skweyiya J and Van der Westhuizen J concurred, Moseneke DCJ held that the President’s power to appoint and dismiss is not exclusively located in the provisions of the Public Service Act, which provides for the manner and form of the service contract, but must be read in conjunction with the prevailing constitutional and legislative scheme, which implicitly confers on the President such power. He concluded that the President had the power to terminate the employment of the applicant under section 209 of the Constitution read with section 3 of the Intelligence Services Act.
In a minority judgment in which Madala J concurred, Ngcobo J held that under the Constitution the President has a duty to act fairly and that duty precludes the President from unilaterally altering the term of office of the head of the NIA. He held that this is a requirement of the rule of law which is one of the foundational values of our constitutional democracy. He found, however, that on the objective facts before the Court, there has been an irreparable breakdown of trust between the President and Mr Masetlha. Mutual trust, he held, is fundamental to the relationship between the President and Mr Masetlha. On the facts of this case, it is therefore not appropriate to re-instate Mr Masetlha in his former position.
In a separate judgement Sachs J concurred in the order made by the majority, and held that given the loss of the trust that lay at the heart of the specific constitutionally defined relationship between the President and Mr Masetlha, the termination of the appointment was not unlawful. Fairness further presupposed that appropriate concern be displayed for the reputational consequences of an incumbent who is about to be relieved of a high profile position in public life. Sachs J added that fair dealing could not be separated from civility, which, in a constitutional sense, involved more than just courtesy or good manners and was one of the binding elements of a constitutional democracy.
The Court also ordered the President to pay the applicant remuneration, allowances, pension and other benefits for the period starting on 22 March 2006 up to 1 December 2007, all of which must place the applicant in the same financial position that he would have been in but for the early termination of his term of office. The Court has made no order as to costs.
Source: The Constitutional Court
Monday, October 1, 2007
Pikoli's suspension 'sinister'
The shock suspension of South Africa's prosecutions head amid silence by President Thabo Mbeki has led to concerns of "sinister" dealings and government meddling in the country's justice system. Mbeki's integrity came under fire this week as his suspension of top prosecutor Vusi Pikoli was linked to the alleged pending arrest of national police commissioner Jackie Selebi, who is seen as an ally to the president.
With no reaction from Mbeki, analysts and opposition political parties fear Mbeki may have acted out of a desire to protect Selebi, also the president of international policing agency Interpol. Analyst Steven Friedman of the Institute for Democracy in South Africa said suggestions of political interference in the justice system was cause for serious concern. "If Selebi is not charged, clearly there will be a suggestion that the president got Pikoli out of the way to protect Selebi," he told AFP. Friedman said Mbeki's silence on the issue was damaging, bordering on disdainful, and created the impression that "something sinister is afoot". Selebi faced a raft of calls to quit last year when his friend, businessman Glen Agliotti, was charged with the mafia-style killing of mining magnate Brett Kebble.
Last Sunday, Mbeki suspended Pikoli due to what a government statement said was an irretrievable breakdown in his relationship with the country's justice minister. But news reports on Friday claimed Pikoli's suspension followed within days of Mbeki learning about Selebi's pending arrest, with the NPA believed to have obtained the warrant last week. Opposition political parties have called for Selebi's head, and for Mbeki to quell the speculation by breaking his silence on the alleged link between the two events. "If the speculation turns out to be correct, then we have a dilemma," said Human Sciences Research Council political commentator Adam Habib. "If the predident suspended Mr Pikoli on the grounds that he had issued a warrant for the commissioner's arrest, then it suggests that an invasion is being made into an independent institution's operations. "Intervening in the operations of the National Prosecuting Authority constitutes a violation of our constitution."
No confirmation has been forthcoming from the government, prosecutors or Selebi's office of reported claims that a warrant had been issued for the commissioner's arrest. Main opposition Democratic Alliance leader Helen Zille said in a statement on Friday it "seems clear that the suspension of Pikoli was motivated by the desire of President Mbeki to protect his close ally (Selebi)." "The implications of this development for our democracy are profound. "If true, this latest allegation ... points to the fact that we have entered the phase of an imperial Presidency, where the President appears to govern almost with impunity."
The weekly Mail and Guardian newspaper suggested in an editorial Friday that Pikoli's suspension pointed to political expediency impacting on crime-fighting. "Pikoli's suspension is closely intertwined with the ... investigation into Selebi's alleged links with organised crime," it said. "There is a persuasive view that Mbeki wishes to head this off before the ANC's Polokwane conference for fear of the political harm it might do him."
The ANC meets in Polokwane in the Limpopo province at year-end to elect a new leader, with Mbeki still in the running for a third term as party head. Main contender, ANC deputy president Jacob Zuma, is also in the national prosecuting authority's aim, ever since his financial advisor Schabir Shaik was convicted in 2005 of corruption and fraud in connection with bribes arranged for Zuma. Mbeki's spokesperson Mukoni Ratshitanga could not be reached for comment.
Source: News 24
With no reaction from Mbeki, analysts and opposition political parties fear Mbeki may have acted out of a desire to protect Selebi, also the president of international policing agency Interpol. Analyst Steven Friedman of the Institute for Democracy in South Africa said suggestions of political interference in the justice system was cause for serious concern. "If Selebi is not charged, clearly there will be a suggestion that the president got Pikoli out of the way to protect Selebi," he told AFP. Friedman said Mbeki's silence on the issue was damaging, bordering on disdainful, and created the impression that "something sinister is afoot". Selebi faced a raft of calls to quit last year when his friend, businessman Glen Agliotti, was charged with the mafia-style killing of mining magnate Brett Kebble.
Last Sunday, Mbeki suspended Pikoli due to what a government statement said was an irretrievable breakdown in his relationship with the country's justice minister. But news reports on Friday claimed Pikoli's suspension followed within days of Mbeki learning about Selebi's pending arrest, with the NPA believed to have obtained the warrant last week. Opposition political parties have called for Selebi's head, and for Mbeki to quell the speculation by breaking his silence on the alleged link between the two events. "If the speculation turns out to be correct, then we have a dilemma," said Human Sciences Research Council political commentator Adam Habib. "If the predident suspended Mr Pikoli on the grounds that he had issued a warrant for the commissioner's arrest, then it suggests that an invasion is being made into an independent institution's operations. "Intervening in the operations of the National Prosecuting Authority constitutes a violation of our constitution."
No confirmation has been forthcoming from the government, prosecutors or Selebi's office of reported claims that a warrant had been issued for the commissioner's arrest. Main opposition Democratic Alliance leader Helen Zille said in a statement on Friday it "seems clear that the suspension of Pikoli was motivated by the desire of President Mbeki to protect his close ally (Selebi)." "The implications of this development for our democracy are profound. "If true, this latest allegation ... points to the fact that we have entered the phase of an imperial Presidency, where the President appears to govern almost with impunity."
The weekly Mail and Guardian newspaper suggested in an editorial Friday that Pikoli's suspension pointed to political expediency impacting on crime-fighting. "Pikoli's suspension is closely intertwined with the ... investigation into Selebi's alleged links with organised crime," it said. "There is a persuasive view that Mbeki wishes to head this off before the ANC's Polokwane conference for fear of the political harm it might do him."
The ANC meets in Polokwane in the Limpopo province at year-end to elect a new leader, with Mbeki still in the running for a third term as party head. Main contender, ANC deputy president Jacob Zuma, is also in the national prosecuting authority's aim, ever since his financial advisor Schabir Shaik was convicted in 2005 of corruption and fraud in connection with bribes arranged for Zuma. Mbeki's spokesperson Mukoni Ratshitanga could not be reached for comment.
Source: News 24
Pikoli: Mabandla faced arrest
The head of the National Prosecuting Authority (NPA), Vusi Pikoli, was disrespectful towards President Thabo Mbeki and "arrogantly" threatened to arrest Justice Minister Brigitte Mabandla for the obstruction of justice.
It was announced on Saturday that former Speaker of Parliament Frene Ginwala has been appointed to lead the task team or commission to probe what led to the "irretrievable breakdown" of relations between Pikoli and Mabandla. It was not immediately clear on Saturday how much time Ginwala would have for her probe, but it is believed Mbeki would prefer it to be dealt with as quickly as possible. This also comes as Pikoli's NPA deputies rally behind him. They are vowing to resign en masse if Pikoli is not returned. "I am totally unaware of a move like that. It's speculation I would rather not comment on," said NPA spokesperson Tlali Tlali.
The threat to Mabandla came as she tried to get Pikoli to stop the execution of a warrant of arrest for national police commissioner Jackie Selebi last week.
Mbeki had asked her to convince Pikoli that the arrest would cause a national and international crisis for government given Selebi's presidency of Interpol.
Source: News 24
It was announced on Saturday that former Speaker of Parliament Frene Ginwala has been appointed to lead the task team or commission to probe what led to the "irretrievable breakdown" of relations between Pikoli and Mabandla. It was not immediately clear on Saturday how much time Ginwala would have for her probe, but it is believed Mbeki would prefer it to be dealt with as quickly as possible. This also comes as Pikoli's NPA deputies rally behind him. They are vowing to resign en masse if Pikoli is not returned. "I am totally unaware of a move like that. It's speculation I would rather not comment on," said NPA spokesperson Tlali Tlali.
The threat to Mabandla came as she tried to get Pikoli to stop the execution of a warrant of arrest for national police commissioner Jackie Selebi last week.
Mbeki had asked her to convince Pikoli that the arrest would cause a national and international crisis for government given Selebi's presidency of Interpol.
Source: News 24
Subscribe to:
Posts (Atom)