The African National Congress (ANC) said on Saturday that its president, Jacob Zuma, had nothing to do with a senior judge accused of trying to influence members of the Constitutional Court in legal cases involving him. Media reported on Friday that the Constitutional Court said Cape Judge President John Hlophe had approached several members of its bench to influence them in legal cases involving Zuma.
Zuma's defence team has filed an appeal with the Constitutional Court to overturn a lower court ruling allowing prosecutors to use documents seized in raids on properties belonging to the ANC chief and one of his lawyers.
Inkatha Freedom Party (IFP) on Saturday said Hlophe's immediate departure would help to restore trust in the judiciary. The Saturday Star reported that Hlophe has dismissed the accusations made against him as "utter rubbish".
Source: Mail & Guardian
Saturday, May 31, 2008
Thursday, May 29, 2008
New Cosatu president appointed
The Congress of South African Trade Unions on Wednesday elected S'dumo Dlamini to take over as president after the sacking of its embattled president, Willie Madisha.
This was announced by Cosatu general secretary Zwelinzima Vavi at a press briefing after the union's three-day central executive committee meeting in Johannesburg. Ousted Cosatu president Madisha, said to be a close ally of President Thabo Mbeki, was axed in February. This was shortly after Jacob Zuma was elected president of the African National Congress in Polokwane in December last year.
Madisha's exit came after Malawian businessman Charles Modise claimed to have made a R500 000 donation to the South African Communist Party (SACP). He said he gave the money, in black plastic bags, to Madisha, who in turn said he handed the cash to SACP general secretary Blade Nzimande. The latter said he never received it. -- Sapa
Source: Mail & Guardian
This was announced by Cosatu general secretary Zwelinzima Vavi at a press briefing after the union's three-day central executive committee meeting in Johannesburg. Ousted Cosatu president Madisha, said to be a close ally of President Thabo Mbeki, was axed in February. This was shortly after Jacob Zuma was elected president of the African National Congress in Polokwane in December last year.
Madisha's exit came after Malawian businessman Charles Modise claimed to have made a R500 000 donation to the South African Communist Party (SACP). He said he gave the money, in black plastic bags, to Madisha, who in turn said he handed the cash to SACP general secretary Blade Nzimande. The latter said he never received it. -- Sapa
Source: Mail & Guardian
Nepal's monarchy abolished, republic declared
Political leaders in Nepal on Wednesday voted overwhelmingly to abolish the Himalayan nation's 240-year-old Hindu monarchy and declare a republic. In an historic vote that caps a peace deal between Maoist rebels and mainstream parties, a new constitutional assembly ordered unpopular King Gyanendra to quit his palace within 15 days so it can be turned into a museum. "The sacrifice of thousands of Nepalese has been honoured today by us getting rid of the monarchy," Maoist spokesman Krishna Bahadur Mahara told AFP.
The abolition is a triumph for the ultra-leftists and marks a fresh start for one of the world's poorest countries, still reeling from a civil war that left at least 13,000 people dead. "The Nepalese people have been freed from centuries of feudal tradition, and the doors have now opened for a radical social and economic transformation," Mahara said. Nepal's fiercely-republican Maoists, who fought for 10 years to remove the monarchy and create a secular republic, won the largest single bloc of seats in the assembly in elections last month.
A senior member of the 601-member Constituent Assembly, Kul Bahadur Gurung, said only four lawmakers opposed the move. The republican declaration states that Nepal will become "an independent, indivisible, sovereign, secular and an inclusive democratic republic." "All the privileges enjoyed by the king and royal family will automatically come to an end," it says, noting that May 29 will henceforth be celebrated as "Republic Day."
Gyanendra, who ascended the throne after a drunken prince killed most of the royal family in 2001, was given 15 days to pack up and vacate his Kathmandu palace. "This assembly asks the government to make the necessary arrangements to vacate the Narayanhiti Royal palace," Gurung told the late-night gathering, prompting huge cheers and applause. "The meeting also directs the government to take necessary actions to turn the palace into a national museum." Outside the venue, a crowd of about 1,000 people -- who had been waiting impatiently for the vote -- cheered wildly as the decision was announced, an AFP reporter at the scene said. "I am overjoyed. This is the most important day of my life," said Rajesh Subedi, a 21-year-old student and Maoist supporter.
The former rebels have told Gyanendra and his son and heir, Crown Prince Paras -- loathed for his reported playboy lifestyle -- to bow out gracefully and adapt to life as a "common citizen" or else face "strong punishment." Nepal's peace minister, Ram Chandra Poudel, told reporters the monarch "should understand and leave the palace by himself, that would be the best thing."
Gyanendra, seen by loyalists as the reincarnation of a Hindu god, was vaulted to the throne after the 2001 massacre of his popular brother Birendra and most of the royal family by a drink-and-drug-fuelled crown prince who later killed himself. But the dour-faced monarch never managed to win much support from the public, with many Nepalese suspecting he was in some way involved in the palace killings -- even though officials and experts have dismissed such a conspiracy theory. His ill-fated decision to seize absolute power to fight the Maoist rebellion further damaged his status. He still enjoys some support from Hindu hardliners and powerful elements in the armed forces and ruling elite, who argue the royals are a crucial symbol of the neutrality of a country wedged between Asian giants India and China. "No one now has a political basis to try and revive him," said analyst and commentator Prashant Jha.
Many had feared Nepal's radical transformation would give way to more violence, but this week suspected pro-royals only managed to carry out minor bomb attacks that caused a small number of light injuries. The Maoists are set to lead Nepal's new government, although many are still sceptical of the movement -- whose loyalists are regularly accused of using violence and intimidation. The United States also continues to list the former rebels as a foreign "terrorist" organisation.
Source: AFP
The abolition is a triumph for the ultra-leftists and marks a fresh start for one of the world's poorest countries, still reeling from a civil war that left at least 13,000 people dead. "The Nepalese people have been freed from centuries of feudal tradition, and the doors have now opened for a radical social and economic transformation," Mahara said. Nepal's fiercely-republican Maoists, who fought for 10 years to remove the monarchy and create a secular republic, won the largest single bloc of seats in the assembly in elections last month.
A senior member of the 601-member Constituent Assembly, Kul Bahadur Gurung, said only four lawmakers opposed the move. The republican declaration states that Nepal will become "an independent, indivisible, sovereign, secular and an inclusive democratic republic." "All the privileges enjoyed by the king and royal family will automatically come to an end," it says, noting that May 29 will henceforth be celebrated as "Republic Day."
Gyanendra, who ascended the throne after a drunken prince killed most of the royal family in 2001, was given 15 days to pack up and vacate his Kathmandu palace. "This assembly asks the government to make the necessary arrangements to vacate the Narayanhiti Royal palace," Gurung told the late-night gathering, prompting huge cheers and applause. "The meeting also directs the government to take necessary actions to turn the palace into a national museum." Outside the venue, a crowd of about 1,000 people -- who had been waiting impatiently for the vote -- cheered wildly as the decision was announced, an AFP reporter at the scene said. "I am overjoyed. This is the most important day of my life," said Rajesh Subedi, a 21-year-old student and Maoist supporter.
The former rebels have told Gyanendra and his son and heir, Crown Prince Paras -- loathed for his reported playboy lifestyle -- to bow out gracefully and adapt to life as a "common citizen" or else face "strong punishment." Nepal's peace minister, Ram Chandra Poudel, told reporters the monarch "should understand and leave the palace by himself, that would be the best thing."
Gyanendra, seen by loyalists as the reincarnation of a Hindu god, was vaulted to the throne after the 2001 massacre of his popular brother Birendra and most of the royal family by a drink-and-drug-fuelled crown prince who later killed himself. But the dour-faced monarch never managed to win much support from the public, with many Nepalese suspecting he was in some way involved in the palace killings -- even though officials and experts have dismissed such a conspiracy theory. His ill-fated decision to seize absolute power to fight the Maoist rebellion further damaged his status. He still enjoys some support from Hindu hardliners and powerful elements in the armed forces and ruling elite, who argue the royals are a crucial symbol of the neutrality of a country wedged between Asian giants India and China. "No one now has a political basis to try and revive him," said analyst and commentator Prashant Jha.
Many had feared Nepal's radical transformation would give way to more violence, but this week suspected pro-royals only managed to carry out minor bomb attacks that caused a small number of light injuries. The Maoists are set to lead Nepal's new government, although many are still sceptical of the movement -- whose loyalists are regularly accused of using violence and intimidation. The United States also continues to list the former rebels as a foreign "terrorist" organisation.
Source: AFP
Tuesday, May 27, 2008
The forgotten kid of Guantánamo
When Mohammed Jawad, a 23-year-old Afghan detainee, was summoned to appear before the military commissions at Guantánamo Bay for his arraignment in March, he told his military handlers that he would not go. After being held for more than five years here, he didn't believe he could get a fair hearing from the U.S. military.
But appearing at arraignments at Guantánamo is mandatory, so as has been done with others, military personnel forcefully extracted Jawad from his cell and brought him to court in shackles. Sitting before the judge in his orange jumpsuit, the color reserved for uncooperative detainees, Jawad buried his face into his hands and announced that he would boycott future proceedings -- a right the commissions allow.
So this month, when Jawad was scheduled to appear at the courthouse for another pre-trial hearing, nobody expected him to show up. But as a cluster of journalists, observers from nongovernmental organizations (including me, as a representative of Human Rights Watch) and military personnel gathered in the courtroom, Jawad, now dressed in khaki, a color reserved for more cooperative detainees, was escorted inside by two guards and quietly took a seat beside his defense counsel and an interpreter. Although he appeared uneasy and nervous, he was markedly calmer than at his arraignment.
Jawad put on the headset that would allow him to listen to a translation of court proceedings (something he refused to do during his March hearing) and politely asked the military judge, Col. Peter Brownback, if he could turn around to look at the audience in the courtroom. The judge agreed, and Jawad turned around to face us, revealing a wispy beard that only partly covers his post-adolescent acne.
The U.S. government claims that Mohammed Jawad is an unlawful enemy combatant who tried to murder two U.S. soldiers and their translator in Afghanistan by tossing a grenade into their vehicle in December 2002.
But Maj. David Frakt, his military-appointed attorney, argues that Jawad -- who was a teenager of 16 or 17 at the time of his alleged offense (Jawad doesn't know his birth date) -- is a victim. He says Jawad was a homeless teenager who was drugged and forced to fight with Afghan militia, then abused by the United States, which transported him halfway around the world and imprisoned him at Guantánamo for five years without charge and is now using him as a guinea pig to test a new system of military justice with no regard to his initial status as a juvenile.
When Frakt arrived at Guantánamo to meet Jawad, he said he found a profoundly disturbed young man who was reluctant to talk. "Jawad is in an extremely fragile mental state," Frakt said in an interview following the hearing. "He has been here for so long -- he has essentially grown up in Guantánamo. He has lost track of time, lost touch with reality, and suffers from severe depression. And he doesn't believe he can get justice from the military commissions."
Both U.S. and international law requires governments to provide children with special safeguards and care that take into account their vulnerability and culpability as children. They are supposed to be housed separately from adults, allowed to contact family members, provided with educational opportunities, and given prompt legal assistance. The United States has acknowledged holding eight teenagers at Guantánamo, but although some of them were given special housing and educational opportunities and were eventually released, the U.S. has ignored Jawad's status as a juvenile.
Jawad's decision to attend commission hearings this month appears to owe much to his newly appointed military defense counsel, Maj. Frakt, a law professor in the Air Force Reserves who was called up from Western State University in California to represent the young detainee (now 22 or 23) just a few days earlier. (Jawad's previous defense counsel left after his reserve duty ended in late March.) With the help of an Afghan interpreter -- an elderly man from the same tribe as Jawad who managed to establish a rapport with the detainee -- Frakt was able to persuade Jawad to appear before the court so that he can "challenge the legality and legitimacy of the military commissions" and possibly argue for an improvement in the conditions in which Jawad is being held.
Jawad is not the only detainee at Guantánamo to be charged before the military commissions for an offense allegedly committed as a juvenile. Omar Khadr, a Canadian charged with throwing a hand grenade that killed a U.S. soldier, was 15 at the time of his alleged crime. Khadr's story has made headlines in newspapers and magazines around the world. He is even the subject of a new book, "Guantanamo's Child: The Untold Story of Omar Khadr," by Michelle Shephard. Lawyers in Canada have sued the Canadian government for access to documents on his case, and child rights groups have embraced his cause.
But Jawad is an illiterate Afghan from a poor Pashtun family with no ties to the Afghan government. According to Frakt, Jawad's father died during the Soviet occupation of Afghanistan. His mother remarried, and the family fled to Pakistan. Jawad spent his childhood years in a refugee camp and was educated at a local madrassa where all the teaching is conducted orally. He never learned to read or write.
Frakt says that when Jawad was 13, his family kicked him out and told him he needed to find a job. He spent much of those years hanging around a mosque looking for work. Sometime in 2002, Jawad was told he could have a job helping eradicate land mines in Afghanistan, so he returned to his native country. Once he arrived, however, Frakt says he was recruited by the local militia, drugged and forced into combat. Soon after, he was arrested by the Afghan police and handed over to the Americans.
Unlike most of the detainees at Guantánamo, Jawad was never provided a "habeas counsel," that is, a civilian lawyer to file a petition of habeas corpus on his behalf. Until he was charged this year, he was virtually unknown to the world.
Frakt said that his meetings with Jawad have been difficult, in part because Jawad doesn't understand the legal process, and in part because Jawad doesn't trust anyone in a U.S. military uniform, which Frakt is obligated to wear when he visits his client. "It is difficult to establish a trusting relationship with a detainee who has suffered so much and been detained by the U.S. military for five years," Frakt said. "He has a natural distrust of me, and he is not sure that I am here to help him." For now, Jawad has agreed to allow Frakt to represent him in a limited capacity -- to challenge the legality and legitimacy of the commissions. Frakt hopes he will be able to persuade his client to allow him to give Jawad a more complete representation in a case that points to crucial questions about American justice in the war on terror.
From the government's point of view, Jawad's is a seemingly straightforward case. The prosecution has located eyewitnesses who claim to have seen the Afghan teenager throw the grenade. In addition, it says it has a signed confession from Jawad. But Frakt says the case isn't nearly as straightforward as the government alleges. He says that the prosecution chose to prosecute Jawad because it viewed his as a "sexy" case -- Jawad is a defendant with "blood on his hands," in the government's view, which is something the American public understands better than something more abstract, like charges of material support for terrorism. While Frakt acknowledges that the prosecution has witnesses who saw his client throw the grenade, he says the defense has also located witnesses who say the teenager appeared to be drugged at the time. As for the confession, Frakt says it is in Farsi -- a language Jawad does not speak. And the "signature" on it is in the form of a thumbprint, because Jawad does not read or write.
Frakt hopes to be able to make these arguments on Jawad's behalf if or when the case goes to trial. In the meantime, Frakt says has serious reservations about Jawad's ability to aid in his defense because of his fragile mental state -- something that was evident when Jawad himself addressed the court this month.
When the judge asked Jawad if he would like to make a statement, the young man spoke for about 20 minutes, saying that he didn't understand why he was at Guantánamo and why he was being punished. As he described his ordeal -- of being flown from Afghanistan to Guantánamo, locked in a steel cage, moved from cell to cell in the middle of the night, and sometimes being kept in a cell that had bright lights on 24 hours a day -- he said he had lost track of time and couldn't remember when or for how long he was held in each camp. Sometimes he stopped to rub his head and seemed to forget what he was saying in mid-sentence.
When Jawad finished his statement, Frakt requested that his client be taken out of the maximum security facility where he is currently housed -- where he is confined to a windowless cell at least 22 hours a day -- and moved to a "quiet, restful place where he can rehabilitate." He also requested that Jawad be examined by a mental health professional. The judge told Frakt to put the request in writing and said that he would consider it. But it remains unclear whether the judge at the military commissions has the authority to order military officials at the detention facility at Guantánamo to do anything.
The next hearings in Jawad's case are scheduled for June 24-25. Frakt is hoping Jawad will participate.
Source:
But appearing at arraignments at Guantánamo is mandatory, so as has been done with others, military personnel forcefully extracted Jawad from his cell and brought him to court in shackles. Sitting before the judge in his orange jumpsuit, the color reserved for uncooperative detainees, Jawad buried his face into his hands and announced that he would boycott future proceedings -- a right the commissions allow.
So this month, when Jawad was scheduled to appear at the courthouse for another pre-trial hearing, nobody expected him to show up. But as a cluster of journalists, observers from nongovernmental organizations (including me, as a representative of Human Rights Watch) and military personnel gathered in the courtroom, Jawad, now dressed in khaki, a color reserved for more cooperative detainees, was escorted inside by two guards and quietly took a seat beside his defense counsel and an interpreter. Although he appeared uneasy and nervous, he was markedly calmer than at his arraignment.
Jawad put on the headset that would allow him to listen to a translation of court proceedings (something he refused to do during his March hearing) and politely asked the military judge, Col. Peter Brownback, if he could turn around to look at the audience in the courtroom. The judge agreed, and Jawad turned around to face us, revealing a wispy beard that only partly covers his post-adolescent acne.
The U.S. government claims that Mohammed Jawad is an unlawful enemy combatant who tried to murder two U.S. soldiers and their translator in Afghanistan by tossing a grenade into their vehicle in December 2002.
But Maj. David Frakt, his military-appointed attorney, argues that Jawad -- who was a teenager of 16 or 17 at the time of his alleged offense (Jawad doesn't know his birth date) -- is a victim. He says Jawad was a homeless teenager who was drugged and forced to fight with Afghan militia, then abused by the United States, which transported him halfway around the world and imprisoned him at Guantánamo for five years without charge and is now using him as a guinea pig to test a new system of military justice with no regard to his initial status as a juvenile.
When Frakt arrived at Guantánamo to meet Jawad, he said he found a profoundly disturbed young man who was reluctant to talk. "Jawad is in an extremely fragile mental state," Frakt said in an interview following the hearing. "He has been here for so long -- he has essentially grown up in Guantánamo. He has lost track of time, lost touch with reality, and suffers from severe depression. And he doesn't believe he can get justice from the military commissions."
Both U.S. and international law requires governments to provide children with special safeguards and care that take into account their vulnerability and culpability as children. They are supposed to be housed separately from adults, allowed to contact family members, provided with educational opportunities, and given prompt legal assistance. The United States has acknowledged holding eight teenagers at Guantánamo, but although some of them were given special housing and educational opportunities and were eventually released, the U.S. has ignored Jawad's status as a juvenile.
Jawad's decision to attend commission hearings this month appears to owe much to his newly appointed military defense counsel, Maj. Frakt, a law professor in the Air Force Reserves who was called up from Western State University in California to represent the young detainee (now 22 or 23) just a few days earlier. (Jawad's previous defense counsel left after his reserve duty ended in late March.) With the help of an Afghan interpreter -- an elderly man from the same tribe as Jawad who managed to establish a rapport with the detainee -- Frakt was able to persuade Jawad to appear before the court so that he can "challenge the legality and legitimacy of the military commissions" and possibly argue for an improvement in the conditions in which Jawad is being held.
Jawad is not the only detainee at Guantánamo to be charged before the military commissions for an offense allegedly committed as a juvenile. Omar Khadr, a Canadian charged with throwing a hand grenade that killed a U.S. soldier, was 15 at the time of his alleged crime. Khadr's story has made headlines in newspapers and magazines around the world. He is even the subject of a new book, "Guantanamo's Child: The Untold Story of Omar Khadr," by Michelle Shephard. Lawyers in Canada have sued the Canadian government for access to documents on his case, and child rights groups have embraced his cause.
But Jawad is an illiterate Afghan from a poor Pashtun family with no ties to the Afghan government. According to Frakt, Jawad's father died during the Soviet occupation of Afghanistan. His mother remarried, and the family fled to Pakistan. Jawad spent his childhood years in a refugee camp and was educated at a local madrassa where all the teaching is conducted orally. He never learned to read or write.
Frakt says that when Jawad was 13, his family kicked him out and told him he needed to find a job. He spent much of those years hanging around a mosque looking for work. Sometime in 2002, Jawad was told he could have a job helping eradicate land mines in Afghanistan, so he returned to his native country. Once he arrived, however, Frakt says he was recruited by the local militia, drugged and forced into combat. Soon after, he was arrested by the Afghan police and handed over to the Americans.
Unlike most of the detainees at Guantánamo, Jawad was never provided a "habeas counsel," that is, a civilian lawyer to file a petition of habeas corpus on his behalf. Until he was charged this year, he was virtually unknown to the world.
Frakt said that his meetings with Jawad have been difficult, in part because Jawad doesn't understand the legal process, and in part because Jawad doesn't trust anyone in a U.S. military uniform, which Frakt is obligated to wear when he visits his client. "It is difficult to establish a trusting relationship with a detainee who has suffered so much and been detained by the U.S. military for five years," Frakt said. "He has a natural distrust of me, and he is not sure that I am here to help him." For now, Jawad has agreed to allow Frakt to represent him in a limited capacity -- to challenge the legality and legitimacy of the commissions. Frakt hopes he will be able to persuade his client to allow him to give Jawad a more complete representation in a case that points to crucial questions about American justice in the war on terror.
From the government's point of view, Jawad's is a seemingly straightforward case. The prosecution has located eyewitnesses who claim to have seen the Afghan teenager throw the grenade. In addition, it says it has a signed confession from Jawad. But Frakt says the case isn't nearly as straightforward as the government alleges. He says that the prosecution chose to prosecute Jawad because it viewed his as a "sexy" case -- Jawad is a defendant with "blood on his hands," in the government's view, which is something the American public understands better than something more abstract, like charges of material support for terrorism. While Frakt acknowledges that the prosecution has witnesses who saw his client throw the grenade, he says the defense has also located witnesses who say the teenager appeared to be drugged at the time. As for the confession, Frakt says it is in Farsi -- a language Jawad does not speak. And the "signature" on it is in the form of a thumbprint, because Jawad does not read or write.
Frakt hopes to be able to make these arguments on Jawad's behalf if or when the case goes to trial. In the meantime, Frakt says has serious reservations about Jawad's ability to aid in his defense because of his fragile mental state -- something that was evident when Jawad himself addressed the court this month.
When the judge asked Jawad if he would like to make a statement, the young man spoke for about 20 minutes, saying that he didn't understand why he was at Guantánamo and why he was being punished. As he described his ordeal -- of being flown from Afghanistan to Guantánamo, locked in a steel cage, moved from cell to cell in the middle of the night, and sometimes being kept in a cell that had bright lights on 24 hours a day -- he said he had lost track of time and couldn't remember when or for how long he was held in each camp. Sometimes he stopped to rub his head and seemed to forget what he was saying in mid-sentence.
When Jawad finished his statement, Frakt requested that his client be taken out of the maximum security facility where he is currently housed -- where he is confined to a windowless cell at least 22 hours a day -- and moved to a "quiet, restful place where he can rehabilitate." He also requested that Jawad be examined by a mental health professional. The judge told Frakt to put the request in writing and said that he would consider it. But it remains unclear whether the judge at the military commissions has the authority to order military officials at the detention facility at Guantánamo to do anything.
The next hearings in Jawad's case are scheduled for June 24-25. Frakt is hoping Jawad will participate.
Source:
Saturday, May 24, 2008
Jean-Pierre Bemba Gombo arrested for crimes allegedly committed in the Central African Republic
Jean-Pierre Bemba Gombo, alleged national of the Democratic Republic of Congo (DRC), about 45 years old, was arrested today by the Belgian authorities following a warrant of arrest issued under seal by the International Criminal Court.Jean-Pierre Bemba Gombo, President and Commander in Chief of the Mouvement de libération du Congo (MLC), is alleged to be criminally responsible for four counts of war crimes and two counts of crimes against humanity committed on the territory of the Central African Republic from 25 October 2002 to 15 March 2003. On 23 May 2008, Pre-Trial Chamber III issued a sealed warrant of arrest for Jean-Pierre Bemba Gombo. The warrant remained under seal until today.
Pre-Trial Chamber III found that there are reasonable grounds to believe that in the context of a protracted armed conflict in the Central African Republic from about 25 October 2002 to 15 March 2003, MLC forces led by Jean-Pierre Bemba Gombo carried out a widespread or systematic attack against a civilian population during which rape, torture, outrages upon personal dignity and pillaging were committed in, but not limited to, the localities of PK 12, Bossongoa and Mongoumba. Pre-Trial Chamber III also found that there are reasonable grounds to believe that Jean-Pierre Bemba Gombo, as President and Commander in Chief of the MLC, was vested with de facto and de jure authority by the members of the MLC to take all political and military decisions.
According to the warrant of arrest for Jean-Pierre Bemba Gombo, he is criminally responsible, jointly with another person or through other persons, within the meaning of article 25(3)(a) of the Rome Statute of the International Criminal Court, on:
* two counts of crimes against humanity: rape - article 7(1)(g), torture ‑ article 7(1)(f);
* four counts of war crimes: rape ‑ article 8(2)(e)(vi), torture - article 8 (2(c)(i), outrages upon personal dignity, in particular humiliating and degrading treatment - article 8(2)(c)(ii), pillaging a town or place ‑ article 8(2)(e)(v).
Source: International Criminal Court
Friday, May 23, 2008
The Union of South American Nations
The Union of South American Nations (Spanish: Unión de Naciones Suramericanas - UNASUR, Portuguese: União de Nações Sul-Americanas - UNASUL, Dutch: Unie van Zuid-Amerikaanse Naties - UZAN) is a supranational and intergovernmental union integrating two existing customs unions; Mercosur and the Andean Community, as part of a continuing process of South American integration. It is modelled on the European Union.
The UNASUR Constitutive Treaty was signed on May 23, 2008.
Source: Wikipedia
The UNASUR Constitutive Treaty was signed on May 23, 2008.
Source: Wikipedia
Thursday, May 15, 2008
Political parties unite behind Scorpions
The African Christian Democratic Party, Democratic Alliance (DA), Independent Democrats and United Democratic Movement have filed a joint submission in the Pretoria High Court as a friend of the court in support of Hugh Glenister's bid to stop the disbanding of the Scorpions, the parties said on Thursday.
Recognition as a friend of the court permits the parties to offer information that would assist the court in arriving at a decision.
Recognition as a friend of the court permits the parties to offer information that would assist the court in arriving at a decision.
Friday, May 9, 2008
Law society calls for overhaul of justice system
The Law Society of South Africa (LSSA) on Friday called for an overhaul of the justice system to deal with crime in the country. Co-chairpersons Vincent Saldahna and CP Fourie said the scourge of crime needed a more holistic and serious solution, which included the proper training and deployment of police officers, as well as a proper overhaul of the criminal justice system. "Government is urged to give its undivided attention to finding such a solution, since the unacceptable levels of crime -- particularly violent crime -- are, among other things, a serious threat to our young democracy". They said the LSSA was committed to assisting the state in whatever way it could.
The LSSA also expressed concern at the statements made by the Deputy Minister of Safety and Security, Susan Shabangu, encouraging members of the public and the South African Police Service (SAPS) to use force against suspected criminals. "Owners of licensed firearms, be they members of the public or the SAPS, must in terms of legislation be fully cognisant of their rights and responsibilities as contained in legislation governing the use of firearms," they said. They indicated that such statements might encourage members of the public to act unlawfully and take the law into their own hands.
Source: Mail & Guardian
The LSSA also expressed concern at the statements made by the Deputy Minister of Safety and Security, Susan Shabangu, encouraging members of the public and the South African Police Service (SAPS) to use force against suspected criminals. "Owners of licensed firearms, be they members of the public or the SAPS, must in terms of legislation be fully cognisant of their rights and responsibilities as contained in legislation governing the use of firearms," they said. They indicated that such statements might encourage members of the public to act unlawfully and take the law into their own hands.
Source: Mail & Guardian
A hip-hop metro cop
With a R17-million mansion and a fleet of top-end sports cars and sports utility vehicles in the driveway, all under the watchful eye of armed guards, Durban Metro Police officer S’bu Mpisane is living a life straight out of a hip-hop music video. But there are more questions than answers about his lavish lifestyle.
Is he merely a good businessman, as his father explained to local media this week? Or, as one former colleague suggested, did he marry into money, which flows in through a host of companies that benefit from government tenders?
Or is there, perhaps, a darker connection to organised crime syndicates in the city, which may have been armed with guns originating from Metro police officers themselves?
Investigative magazine noseweek reported recently that Mpisane’s BMW M5 sports car was one of several getaway vehicles used by a gang of hitmen during a 1998 shootout outside the Durban High Court during the trial of high profile taxi bosses. The shooting left bystanders wounded and led to the death of Sergeant Craig van Zyl of the police dog unit.
Mpisane subsequently disappeared for almost a year before seamlessly returning to work -- despite a “manhunt” for him launched by the former Durban murder and robbery unit, wrote noseweek.
“He came back to work a year later and it was all kept very quiet,” said a high-ranking former policeman. “The matter was dealt with at a very high level and not very many people were briefed about what transpired. He may even have been in a witness protection programme, but it was all kept very hush-hush.”
According to the municipality’s senior human resources officer, Monty Naidoo, Mpisane was dismissed when he returned after a year’s absence, but was reinstated after lodging an appeal with the bargaining council.Naidoo was unable to confirm the nature of Mpisane’s appeal.
Mpisane was also one of 13 police officers cleared by a 2006 investigation instituted by municipal manager Michael Sutcliffe into allegations ranging from gun-running to corruption, nepotism and maladministration.
DA caucus leader in the Durban municipality, John Steenhuisen, questioned the thoroughness of the internal investigation. “Another cop on that list, Dees Govender, was cleared but subsequently arrested by the Scorpions for corruption after being caught in a sting operation,” Steenhuisen pointed out.
Sutcliffe dismissed inquiries by the Mail & Guardian about Mpisane’s year-long absence, saying only that it had occurred before he was installed as municipal manager.
Mpisane did not respond to messages left by the M&G at one of his businesses, Zikhulise Auto Restorers in Briardene, Durban.
Sutcliffe has, meanwhile, launched an investigation into whether Mpisane was given permission to pursue outside business interests and whether he had declared them. He said the probe stemmed from a “separate set of procurement issues” almost two months ago. He refused to elaborate.
South African Municipal Workers Union KwaZulu-Natal secretary Jaycee Ncanana was sceptical about the probe, calling it a “smokescreen”. “Why is it taking so long? It takes a day for them to find out if a declaration [of outside interests by Mpisane] was made or not,” he said, adding that he was in possession of a declaration signed by Mpisane in 2007.
But Sutcliffe’s probe might be extended to Mpisane’s wife, Shaun Flora Mkhize, the daughter of Durban ward 96 councillor Florence Mkhize.
With noseweek reporting that the Mpisanes’ neighbours had seen various high-profile ANC politicians visiting their mansion in the upmarket suburb of La Lucia, there is no doubt the couple are politically connected.
And, according to the DA’s Steenhuisen, the Zikhulise Cleaning, Maintenance and Transport company has already benefited from a R179-million government contract for the maintenance and refurbishment of low-cost housing developments.
Other companies registered by Mpisane or his wife include Ukhozi Civil, Cleaning and Construction and a shelving company, Inyanga Restorers 559 cc. Shaun Flora Mpisane referred questions from the M&G to her senior counsel, Jerome Brauns, who, in turn, referred them to lawyer Thipe Mothuloe, who did not respond to calls.
This week Metro Members Police Forum chairperson Wiseman Mchunu lauded Mpisane for “showing policemen the way forward towards financial independence” and avoiding bribery and corruption. Others take a different view. Said Steenhuisen: “Such a lavish lifestyle would mean quite big business interests, which really makes one question his ability to do his job as a policeman if he’s getting calls about a matter at his business empire. “I also wonder if it is right for a policeman to have a panelbeating and automative restoration business. What happens if stolen cars come into his shop? Or if he is asked to investigate a car hijacking syndicate?”
Since being shot in the stomach during a gun battle with would-be
hijackers in 2003, Durban Metro police officer Cherise Cox’s life has
been “a nightmare”. After 13 operations, she has “no large colon and only a little bit of my small intestine left”. The 35-year-old lives with constant pain, restricted movement and a
colostomy bag. She is attempting to wean herself off the 100mg of morphine she has to take every two or three days when the pain becomes too intense: “I feel like I’m too young for this, I feel like I’ve had my job -- which I loved -- and my life taken away from me,” says Cox. “Besides the pain, I’m trying to get off the morphine. But its hard. You get the sweats but you can never be warm enough ... I’ve also been vomiting so much,” says Cox.
To compound the tragedy, the guns used against Cox belonged to the
Durban Metro Police. At the time it was alleged that the weapon which mutilated Cox was one of 128 guns found by an audit in 2002 to be missing from the municipal armory. There were suggestions that these had been sold to criminals by police officers. An internal investigation by eThekwini municipal manager Michael
Sutcliffe exonerated two officers, Thembinkosi Mthethwa and Sthembiso
Zimu, of selling the guns. The investigation concluded that the weapons
had been stolen from the two officers at gunpoint. But several police officers were sceptical about the finding.
A 2006 Independent Complaints Directorate (ICD) investigation into the
missing fire-arms pointed to “discrepancies”. The ICD report found that 21 case numbers provided by the Metro police as relating to stolen police weapons either did not match SAPS records or were non-existent. It also found that 66 firearms had been reported missing but had not been recovered at the time the report was finalised. A further 25 firearms had been recovered, while two firearms reported stolen
“actually belonged to private persons”.
Is he merely a good businessman, as his father explained to local media this week? Or, as one former colleague suggested, did he marry into money, which flows in through a host of companies that benefit from government tenders?
Or is there, perhaps, a darker connection to organised crime syndicates in the city, which may have been armed with guns originating from Metro police officers themselves?
Investigative magazine noseweek reported recently that Mpisane’s BMW M5 sports car was one of several getaway vehicles used by a gang of hitmen during a 1998 shootout outside the Durban High Court during the trial of high profile taxi bosses. The shooting left bystanders wounded and led to the death of Sergeant Craig van Zyl of the police dog unit.
Mpisane subsequently disappeared for almost a year before seamlessly returning to work -- despite a “manhunt” for him launched by the former Durban murder and robbery unit, wrote noseweek.
“He came back to work a year later and it was all kept very quiet,” said a high-ranking former policeman. “The matter was dealt with at a very high level and not very many people were briefed about what transpired. He may even have been in a witness protection programme, but it was all kept very hush-hush.”
According to the municipality’s senior human resources officer, Monty Naidoo, Mpisane was dismissed when he returned after a year’s absence, but was reinstated after lodging an appeal with the bargaining council.Naidoo was unable to confirm the nature of Mpisane’s appeal.
Mpisane was also one of 13 police officers cleared by a 2006 investigation instituted by municipal manager Michael Sutcliffe into allegations ranging from gun-running to corruption, nepotism and maladministration.
DA caucus leader in the Durban municipality, John Steenhuisen, questioned the thoroughness of the internal investigation. “Another cop on that list, Dees Govender, was cleared but subsequently arrested by the Scorpions for corruption after being caught in a sting operation,” Steenhuisen pointed out.
Sutcliffe dismissed inquiries by the Mail & Guardian about Mpisane’s year-long absence, saying only that it had occurred before he was installed as municipal manager.
Mpisane did not respond to messages left by the M&G at one of his businesses, Zikhulise Auto Restorers in Briardene, Durban.
Sutcliffe has, meanwhile, launched an investigation into whether Mpisane was given permission to pursue outside business interests and whether he had declared them. He said the probe stemmed from a “separate set of procurement issues” almost two months ago. He refused to elaborate.
South African Municipal Workers Union KwaZulu-Natal secretary Jaycee Ncanana was sceptical about the probe, calling it a “smokescreen”. “Why is it taking so long? It takes a day for them to find out if a declaration [of outside interests by Mpisane] was made or not,” he said, adding that he was in possession of a declaration signed by Mpisane in 2007.
But Sutcliffe’s probe might be extended to Mpisane’s wife, Shaun Flora Mkhize, the daughter of Durban ward 96 councillor Florence Mkhize.
With noseweek reporting that the Mpisanes’ neighbours had seen various high-profile ANC politicians visiting their mansion in the upmarket suburb of La Lucia, there is no doubt the couple are politically connected.
And, according to the DA’s Steenhuisen, the Zikhulise Cleaning, Maintenance and Transport company has already benefited from a R179-million government contract for the maintenance and refurbishment of low-cost housing developments.
Other companies registered by Mpisane or his wife include Ukhozi Civil, Cleaning and Construction and a shelving company, Inyanga Restorers 559 cc. Shaun Flora Mpisane referred questions from the M&G to her senior counsel, Jerome Brauns, who, in turn, referred them to lawyer Thipe Mothuloe, who did not respond to calls.
This week Metro Members Police Forum chairperson Wiseman Mchunu lauded Mpisane for “showing policemen the way forward towards financial independence” and avoiding bribery and corruption. Others take a different view. Said Steenhuisen: “Such a lavish lifestyle would mean quite big business interests, which really makes one question his ability to do his job as a policeman if he’s getting calls about a matter at his business empire. “I also wonder if it is right for a policeman to have a panelbeating and automative restoration business. What happens if stolen cars come into his shop? Or if he is asked to investigate a car hijacking syndicate?”
Since being shot in the stomach during a gun battle with would-be
hijackers in 2003, Durban Metro police officer Cherise Cox’s life has
been “a nightmare”. After 13 operations, she has “no large colon and only a little bit of my small intestine left”. The 35-year-old lives with constant pain, restricted movement and a
colostomy bag. She is attempting to wean herself off the 100mg of morphine she has to take every two or three days when the pain becomes too intense: “I feel like I’m too young for this, I feel like I’ve had my job -- which I loved -- and my life taken away from me,” says Cox. “Besides the pain, I’m trying to get off the morphine. But its hard. You get the sweats but you can never be warm enough ... I’ve also been vomiting so much,” says Cox.
To compound the tragedy, the guns used against Cox belonged to the
Durban Metro Police. At the time it was alleged that the weapon which mutilated Cox was one of 128 guns found by an audit in 2002 to be missing from the municipal armory. There were suggestions that these had been sold to criminals by police officers. An internal investigation by eThekwini municipal manager Michael
Sutcliffe exonerated two officers, Thembinkosi Mthethwa and Sthembiso
Zimu, of selling the guns. The investigation concluded that the weapons
had been stolen from the two officers at gunpoint. But several police officers were sceptical about the finding.
A 2006 Independent Complaints Directorate (ICD) investigation into the
missing fire-arms pointed to “discrepancies”. The ICD report found that 21 case numbers provided by the Metro police as relating to stolen police weapons either did not match SAPS records or were non-existent. It also found that 66 firearms had been reported missing but had not been recovered at the time the report was finalised. A further 25 firearms had been recovered, while two firearms reported stolen
“actually belonged to private persons”.
Metro deal for Metro cop’s wife
The wife of Durban’s "millionaire" Metro cop secured a R10,3 million housing deal funded in part by the eThekwini Municipality where he works.
S’bu Mpisane (48), a sergeant in the Metro police dog unit reportedly earning R15 000 a month, hit the headlines last week when it emerged that he and his accountant wife Shauwn Mkhize (33) own a R15,5 million mansion in La Lucia. Now questions are being asked about a housing tender granted to a company owned by Mkhize, her business dealings with the municipality and whether she declared her links to Mpisane and to an ANC councillor believed to be her mother. A lawyer acting for the Mpisane family has threatened to sue anyone who "defames" them.
The DA has written to the KwaZulu-Natal head of the Scorpions, calling for them to investigate Mpisane’s "lavish lifestyle". eThekwini councillor John Steenhuisen wrote that "it is abundantly clear that Mpisane could not afford this lifestyle on a police officer’s salary". The municipality paid R3,5 million in January 2004 to fund the Lamontville housing project and develop 277 sites. The balance of funding came from the Housing Department. Zikhulise Construction was awarded the tender to build the "top structures", according to a press release issued before the launch on
January 17, 2004.
The only company that corresponds on the eThekwini municipal suppliers list is Zikhulise Cleaning, Maintenance and Transport, which is owned by Mkhize. A previous member of the business was Dumazile Mkhize (65), an eThekwini ANC councillor who, according to Steenhuisen, is Mkhize’s mother.
The councillor has refused to comment and referred questions to the same legal team representing the younger Mkhize. The elder Mkhize reportedly resigned from the business on February 25, 2004 — a month after the tender was announced.
According to the municipality’s "vendor" records, Zikhulise’s listed "competencies" include civil construction, concrete works, fencing, general building work, paving, plumbing and roadworks. It can also supply building materials, cleaning supplies and chemicals, food supplies and stationery. According to a print-out of the municipality’s computerised records, Zikhulise has five full-time employees and lists its annual turnover at only R200 000.Mkhize this week did not deny securing the tender, but declined to comment and referred all queries to her legal representatives.
Lawyer Thipe Mothuloe — who is acting for her and her husband — said he is unable to comment on whether his client declared a conflict of interest as he has not seen the tender documents submitted to the municipality. "What is wrong with being a cop and being a millionaire? … What are you seeking to achieve with that line of questioning?" Mothuloe asked. He said he has been "instructed to institute legal action against the publications who have clearly defamed my client by suggesting he is a fraudster". "You must just be careful about that," he warned.
eThekwini city manager Mike Sutcliffe would not be drawn on whether Mkhize declared her interests or whether there is a conflict. "The Mpisane issue emerged out of our own investigations into procurement matters. I’m not going to answer to specifics now until our investigations are complete."
Another company of which Mkhize is the sole member, Ukhozi Civil Cleaning and Construction CC, is also on the eThekwini Municipality list. It too has five full-time employees, but has a far greater annual turnover of R5 million.
In 2004, Mkhize’s business was highlighted in the Soros Economic Development Fund annual report as a beneficiary of Nurcha, a not-for-profit construction finance company funded by the South African government and the Soros Foundation.
According to the report, Mkhize — an accountant — started business with contracts to renovate schools. In March 2003, it built 117 houses in KwaZulu-Natal.Not long afterwards, Mkhize received another construction contract worth about R4,7 million to build 307 low-income houses. She obtained a R1,4 million loan from Nurcha. According to the Soros report, she made a R290 000 profit. By 2004 she was involved in two other projects.
Mpisane has remained mum about the source of his wealth. "I do a lot of things other than being a policeman, but I cannot mention them right now," he said last week.
He also said he is a qualified pilot, a claim dismissed by the Civil Aviation Authority, which said his student pilot licence expired in March.
Source: The Witness
S’bu Mpisane (48), a sergeant in the Metro police dog unit reportedly earning R15 000 a month, hit the headlines last week when it emerged that he and his accountant wife Shauwn Mkhize (33) own a R15,5 million mansion in La Lucia. Now questions are being asked about a housing tender granted to a company owned by Mkhize, her business dealings with the municipality and whether she declared her links to Mpisane and to an ANC councillor believed to be her mother. A lawyer acting for the Mpisane family has threatened to sue anyone who "defames" them.
The DA has written to the KwaZulu-Natal head of the Scorpions, calling for them to investigate Mpisane’s "lavish lifestyle". eThekwini councillor John Steenhuisen wrote that "it is abundantly clear that Mpisane could not afford this lifestyle on a police officer’s salary". The municipality paid R3,5 million in January 2004 to fund the Lamontville housing project and develop 277 sites. The balance of funding came from the Housing Department. Zikhulise Construction was awarded the tender to build the "top structures", according to a press release issued before the launch on
January 17, 2004.
The only company that corresponds on the eThekwini municipal suppliers list is Zikhulise Cleaning, Maintenance and Transport, which is owned by Mkhize. A previous member of the business was Dumazile Mkhize (65), an eThekwini ANC councillor who, according to Steenhuisen, is Mkhize’s mother.
The councillor has refused to comment and referred questions to the same legal team representing the younger Mkhize. The elder Mkhize reportedly resigned from the business on February 25, 2004 — a month after the tender was announced.
According to the municipality’s "vendor" records, Zikhulise’s listed "competencies" include civil construction, concrete works, fencing, general building work, paving, plumbing and roadworks. It can also supply building materials, cleaning supplies and chemicals, food supplies and stationery. According to a print-out of the municipality’s computerised records, Zikhulise has five full-time employees and lists its annual turnover at only R200 000.Mkhize this week did not deny securing the tender, but declined to comment and referred all queries to her legal representatives.
Lawyer Thipe Mothuloe — who is acting for her and her husband — said he is unable to comment on whether his client declared a conflict of interest as he has not seen the tender documents submitted to the municipality. "What is wrong with being a cop and being a millionaire? … What are you seeking to achieve with that line of questioning?" Mothuloe asked. He said he has been "instructed to institute legal action against the publications who have clearly defamed my client by suggesting he is a fraudster". "You must just be careful about that," he warned.
eThekwini city manager Mike Sutcliffe would not be drawn on whether Mkhize declared her interests or whether there is a conflict. "The Mpisane issue emerged out of our own investigations into procurement matters. I’m not going to answer to specifics now until our investigations are complete."
Another company of which Mkhize is the sole member, Ukhozi Civil Cleaning and Construction CC, is also on the eThekwini Municipality list. It too has five full-time employees, but has a far greater annual turnover of R5 million.
In 2004, Mkhize’s business was highlighted in the Soros Economic Development Fund annual report as a beneficiary of Nurcha, a not-for-profit construction finance company funded by the South African government and the Soros Foundation.
According to the report, Mkhize — an accountant — started business with contracts to renovate schools. In March 2003, it built 117 houses in KwaZulu-Natal.Not long afterwards, Mkhize received another construction contract worth about R4,7 million to build 307 low-income houses. She obtained a R1,4 million loan from Nurcha. According to the Soros report, she made a R290 000 profit. By 2004 she was involved in two other projects.
Mpisane has remained mum about the source of his wealth. "I do a lot of things other than being a policeman, but I cannot mention them right now," he said last week.
He also said he is a qualified pilot, a claim dismissed by the Civil Aviation Authority, which said his student pilot licence expired in March.
Source: The Witness
Tuesday, May 6, 2008
Cele loses provincial support
The African National Congress (ANC) zones in the eThekwini region have endorsed John Mchunu to lead the party in a move seen as a rebuff for current leader, MEC of Transport, Community Safety and Liaison Bheki Cele. Mchunu is the current ANC secretary in the eThekwini region and is also a member of provincial legislature.
ANC leaders sympathetic to Cele said yesterday that he has been betrayed by the region he successfully led since 2002. Last year, Cele was asked not to stand for any of the top five ANC provincial leadership positions ahead of the party's elective provincial executive committee at the end of this month. Acting on the region's directive, Cele said late last year that he would not be available for nomination for any position in the provincial executive committee. Sources state that Cele, tipped as one of the front runners for provincial chairman, had listened to the directive hoping that he would keep his position as leader of the eThekwini region.
The eThekwini region is the biggest in the province and it was one of the regions that played a pivotal role in campaigning for ANC president Jacob Zuma before the Polokwane conference. Vigorous campaigns spearheaded by Cele, among other leaders in the region, resulted in Zuma trouncing the incumbent, President Thabo Mbeki. In what has been described as a major blow for Cele, the Daily News has learnt that of the region's 17 zones, 15 have nominated Mchunu and only two chose Cele as their preferred candidate.
The ANC Youth League is one of the ANC wings backing Mchunu. Sthe Mshengu, the league's regional secretary, confirmed that they were fully behind Mchunu, but denied there was a concerted effort to snub Cele. "We have made our position clear. We want comrade John (Mchunu) to lead the region. It must also be made clear that we acknowledge the contribution that Bheki (Cele) made when he led the region," Mshengu said.
The region will choose five top officials and 15 additional members during a three day conference starting on May 30. An eThekwini ANC leader said there was general agreement that Mchunu should be at the helm of the ANC in the region. "The movement has a pool of people with the potential to lead. We don't want people who hold too many positions at the same time. Bheki is okay holding the national executive position and we need to give other people a chance to lead," he said.
Cele, who is currently in Germany, yesterday refused to comment, saying that he was too busy. Mchunu also refused to comment, arguing that it would be improper for him to say anything because his name was also involved. According to the proposed list, S'bu Sibiya is earmarked to be secretary and Zandile Gumede, the eThekwini Municipality's Masakhane committee chairperson, is likely to get the treasurer position. There are still engagements on who should be deputy secretary and deputy chairman. Cele is likely to get a position in the national assembly after the general elections in April next year, sources said.
ANC leaders sympathetic to Cele said yesterday that he has been betrayed by the region he successfully led since 2002. Last year, Cele was asked not to stand for any of the top five ANC provincial leadership positions ahead of the party's elective provincial executive committee at the end of this month. Acting on the region's directive, Cele said late last year that he would not be available for nomination for any position in the provincial executive committee. Sources state that Cele, tipped as one of the front runners for provincial chairman, had listened to the directive hoping that he would keep his position as leader of the eThekwini region.
The eThekwini region is the biggest in the province and it was one of the regions that played a pivotal role in campaigning for ANC president Jacob Zuma before the Polokwane conference. Vigorous campaigns spearheaded by Cele, among other leaders in the region, resulted in Zuma trouncing the incumbent, President Thabo Mbeki. In what has been described as a major blow for Cele, the Daily News has learnt that of the region's 17 zones, 15 have nominated Mchunu and only two chose Cele as their preferred candidate.
The ANC Youth League is one of the ANC wings backing Mchunu. Sthe Mshengu, the league's regional secretary, confirmed that they were fully behind Mchunu, but denied there was a concerted effort to snub Cele. "We have made our position clear. We want comrade John (Mchunu) to lead the region. It must also be made clear that we acknowledge the contribution that Bheki (Cele) made when he led the region," Mshengu said.
The region will choose five top officials and 15 additional members during a three day conference starting on May 30. An eThekwini ANC leader said there was general agreement that Mchunu should be at the helm of the ANC in the region. "The movement has a pool of people with the potential to lead. We don't want people who hold too many positions at the same time. Bheki is okay holding the national executive position and we need to give other people a chance to lead," he said.
Cele, who is currently in Germany, yesterday refused to comment, saying that he was too busy. Mchunu also refused to comment, arguing that it would be improper for him to say anything because his name was also involved. According to the proposed list, S'bu Sibiya is earmarked to be secretary and Zandile Gumede, the eThekwini Municipality's Masakhane committee chairperson, is likely to get the treasurer position. There are still engagements on who should be deputy secretary and deputy chairman. Cele is likely to get a position in the national assembly after the general elections in April next year, sources said.
South African 'Scorpions' boss to join World Bank
The head of South Africa's Scorpions crime-fighting unit, Leonard McCarthy, was appointed Monday to lead the World Bank's anti-corruption department, a day after the South African government said it would disband the unit. World Bank President Robert Zoellick, in a statement, said South African President Thabo Mbeki had agreed to release McCarthy from service to take up the position as vice president of the bank's Department of Institutional Integrity on June 30.
The World Bank anti-corruption unit investigates fraud and corruption in development projects financed by the global development agency in developing countries, and McCarthy will lead an overhaul of the department. "Leonard McCarthy is recognized worldwide for his integrity, independence and effectiveness in fighting corruption and strengthening good governance," Zoellick said. McCarthy's appointment comes a day after Mbeki's government agreed to dissolve the Scorpions, bowing to pressure from supporters of rival and head of the governing African National Congress, Jacob Zuma, who accused it of political abuse. In 2005, the unit raided properties belonging to Zuma and his lawyer as part of an investigation of the politician, who is scheduled to go on trial in August for fraud, bribery and other wrongdoing tied to an arms scandal.
The ANC leadership last year voted to dissolve the unit, officially known as the Directorate of Special Operations. The unit was established by Mbeki to fight high-profile corruption cases and scored successes against organized crime in a number of cases. On Monday, an independent report by Judge Sisi Khampepe defended the Scorpions, arguing it was needed to tackle organized criminals in the crime-infested country. While urging Mbeki to retain the Scorpions, the report also criticized the unit for feuding with police and delving into matters outside its realm. The unit was independent of the police and reports to the National Prosecuting Authority, which in turn answers to the South African Justice Department.
McCarthy has held numerous positions in government, including investigating director in the Office for Serious Economic Offenses, deputy attorney general of the Cape province and senior public prosecutor. He was appointed as a director of public prosecutions by former President Nelson Mandela. The World Bank's integrity department has not been without its own controversy over the past several years, amid concerns about its investigative practices and pressure from member countries that the bank must do more to root out corruption.
Former U.S. Federal Reserve Chairman Paul Volcker led a panel last year to examine the World Bank unit's role amid criticism of its director, Suzanne Rich Folsom, who resigned in January. Volcker's panel said tensions and friction between the World Bank anti-corruption unit and the rest of the bank undermined the unit's ability to do its work properly. It suggested the bank find ways to better integrate its work into mainstream operations. An internal World Bank group in January said it agreed broadly with Volcker's recommendations, including the creation of a small independent advisory board to ensure the independence and accountability of the anti-corruption unit.
Source: Polity
The World Bank anti-corruption unit investigates fraud and corruption in development projects financed by the global development agency in developing countries, and McCarthy will lead an overhaul of the department. "Leonard McCarthy is recognized worldwide for his integrity, independence and effectiveness in fighting corruption and strengthening good governance," Zoellick said. McCarthy's appointment comes a day after Mbeki's government agreed to dissolve the Scorpions, bowing to pressure from supporters of rival and head of the governing African National Congress, Jacob Zuma, who accused it of political abuse. In 2005, the unit raided properties belonging to Zuma and his lawyer as part of an investigation of the politician, who is scheduled to go on trial in August for fraud, bribery and other wrongdoing tied to an arms scandal.
The ANC leadership last year voted to dissolve the unit, officially known as the Directorate of Special Operations. The unit was established by Mbeki to fight high-profile corruption cases and scored successes against organized crime in a number of cases. On Monday, an independent report by Judge Sisi Khampepe defended the Scorpions, arguing it was needed to tackle organized criminals in the crime-infested country. While urging Mbeki to retain the Scorpions, the report also criticized the unit for feuding with police and delving into matters outside its realm. The unit was independent of the police and reports to the National Prosecuting Authority, which in turn answers to the South African Justice Department.
McCarthy has held numerous positions in government, including investigating director in the Office for Serious Economic Offenses, deputy attorney general of the Cape province and senior public prosecutor. He was appointed as a director of public prosecutions by former President Nelson Mandela. The World Bank's integrity department has not been without its own controversy over the past several years, amid concerns about its investigative practices and pressure from member countries that the bank must do more to root out corruption.
Former U.S. Federal Reserve Chairman Paul Volcker led a panel last year to examine the World Bank unit's role amid criticism of its director, Suzanne Rich Folsom, who resigned in January. Volcker's panel said tensions and friction between the World Bank anti-corruption unit and the rest of the bank undermined the unit's ability to do its work properly. It suggested the bank find ways to better integrate its work into mainstream operations. An internal World Bank group in January said it agreed broadly with Volcker's recommendations, including the creation of a small independent advisory board to ensure the independence and accountability of the anti-corruption unit.
Source: Polity
Monday, May 5, 2008
Cabinet approves end of SA's elite crime unit
President Thabo Mbeki's government has approved the disbanding of an elite South African crime-fighting unit, bowing to pressure from supporters of rival Jacob Zuma who accused it of political abuse. Mbeki's cabinet adopted two bills last week paving the way for the end of the Directorate of Special Operations, commonly known as the Scorpions, and the creation of a new unit within the police, South Africa's Sunday Times reported.
The FBI-style unit had been living on borrowed time since Zuma beat Mbeki for the leadership of the ruling African National Congress in December. Zuma's camp accused the Scorpions of engaging in a plot to smear and deny Zuma the ANC top job. In 2005, the unit raided properties belonging to Zuma and his lawyer as part of their corruption investigation of the politician, who is scheduled to go on trial in August for fraud, bribery and other wrongdoing tied to an arms scandal. Government spokesman Themba Maseko said the bills dissolving the unit would be tabled in parliament this week and be followed by public hearings, the Times said. The ANC-dominated parliament is expected to ratify the move.
Established by Mbeki in 1999 to fight high-profile corruption cases, the Scorpions have scored successes against organised crime, despite seeing their reputation attacked as a result of the Zuma investigation. The unit is not part of the police and reports to the National Prosecuting Authority (NPA). The NPA in turn answers to South Africa's Justice Department. The Scorpions had waged a turf war with the police and were accused of using their power to settle scores, most notably in Zuma's corruption case but also in an investigation of the country's police chief. Zuma is widely seen as the frontrunner to replace Mbeki, who must leave office in 2009, and Zuma supporters have been purging party and parliamentary bodies of the most pro-Mbeki officials.
The rivalry between the two has stoked investor fears of political instability in Africa's largest economy. It is unclear, however, whether disbanding the Scorpions will have any bearing on the legal case against Zuma, who has pledged to step down as ANC leader if convicted. Mbeki fought to save the Scorpions and had the support of the main opposition party, but his ministers were lukewarm to the idea in the face of pressure from the Zuma-led ANC. The South African leader is due on Monday to release a report of an investigation into the Scorpions that will recommend the unit be retained while criticising the way it operated, the Times said.
Source: Polity
The FBI-style unit had been living on borrowed time since Zuma beat Mbeki for the leadership of the ruling African National Congress in December. Zuma's camp accused the Scorpions of engaging in a plot to smear and deny Zuma the ANC top job. In 2005, the unit raided properties belonging to Zuma and his lawyer as part of their corruption investigation of the politician, who is scheduled to go on trial in August for fraud, bribery and other wrongdoing tied to an arms scandal. Government spokesman Themba Maseko said the bills dissolving the unit would be tabled in parliament this week and be followed by public hearings, the Times said. The ANC-dominated parliament is expected to ratify the move.
Established by Mbeki in 1999 to fight high-profile corruption cases, the Scorpions have scored successes against organised crime, despite seeing their reputation attacked as a result of the Zuma investigation. The unit is not part of the police and reports to the National Prosecuting Authority (NPA). The NPA in turn answers to South Africa's Justice Department. The Scorpions had waged a turf war with the police and were accused of using their power to settle scores, most notably in Zuma's corruption case but also in an investigation of the country's police chief. Zuma is widely seen as the frontrunner to replace Mbeki, who must leave office in 2009, and Zuma supporters have been purging party and parliamentary bodies of the most pro-Mbeki officials.
The rivalry between the two has stoked investor fears of political instability in Africa's largest economy. It is unclear, however, whether disbanding the Scorpions will have any bearing on the legal case against Zuma, who has pledged to step down as ANC leader if convicted. Mbeki fought to save the Scorpions and had the support of the main opposition party, but his ministers were lukewarm to the idea in the face of pressure from the Zuma-led ANC. The South African leader is due on Monday to release a report of an investigation into the Scorpions that will recommend the unit be retained while criticising the way it operated, the Times said.
Source: Polity
Khampepe commission of inquiry into the mandate and location of the Directorate of Special Operations
This report, compiled by Justice Sisi Khampepe, was intended to create a guideline and provide direction into the mandate and location of the Directorate of Special Operations.
The report can be found here.
Source: Polity
The report can be found here.
Source: Polity
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