Friday, June 27, 2008

SA arms flow to Zimbabwe

South Africa has been supplying Zimbabwe with weapons of war, including helicopters, revolvers and cartridges -- despite the mounting human rights atrocities in that country.

source: Mail & Guardian

Tuesday, June 24, 2008

Justice DG 'blatantly dishonest' with Ginwala inquiry

Justice and Constitutional Development Department director general Menzi Simelane had been "blatantly dishonest" with the Ginwala inquiry into suspended head prosecutor Vusi Pikoli's fitness to hold office, Advocate Wim Trengove said on Monday. Trengove, representing Pikoli, made the statement on the first day of a second round of hearings before the commission of inquiry chaired by Frene Ginwala.

Trengove was tracing the lines of authority between the National Prosecuting Authority (NPA) and the Justice and Constitutional Development Department, said Simelane was given legal advice that he had no control over the duties of the NPA staff. Trengove accused Simelane of being "blatantly dishonest" about withholding this information from the hearing. He said Simelane should have disclosed the fact that he had been given opinion that supported Pikoli.

"I want to suggest to you your conduct in relation to these opinions had been blatantly dishonest, Mr Simelane," said Trengove.

Simelane replied: "I didn't think there was a need to disclose that I took legal advice." Trengove confronted Simelane for failing to tell the inquiry that he had sought and been given legal opinion. Trengove said that when first asked about it, Simelane said he did not remember. Trengove questioned Simelane on what the Constitution and the NPA Act said about the NPA's powers.

Simelane was of the view that the NPA was a branch of the Justice and Constitutional Development Department and that this meant that he was the accounting officer for the NPA. The legal opinion set out that the NPA Act described the structures of the prosecuting authority and stated that the director general of justice had no part in it. Justice and Constitutional Development Minister Brigitte Mabandla asked Simelane to discuss the issue with Pikoli.

President Thabo Mbeki then suspended Pikoli as National Prosecuting Authority head September last year, citing a "breakdown in the relationship" between Pikoli and Mabandla. But the "breakdown in the relationship" appears to have been between Simelane and Pikoli over the unlawful interference by Simelane in the NPA.

Pikoli's lawyers have said that the real reason for the suspension was the National Directorate of Public Prosecutions' investigation into police National Commissioner Jackie Selebi, who is on special leave pending his corruption and defeating the ends of justice case.

Source: Mail & Guardian

Friday, June 20, 2008

Stand up for the Constitution

The most grievous damage inflicted by the ANC's leadership struggle is the growing political contamination of our legal system.

President Thabo Mbeki's opponents accuse him of using South Africa's law enforcement agencies to shore up his leadership -- his intervention in the Scorpions' planned arrest of police chief Jackie Selebi puts the matter beyond doubt. But supporters of Jacob Zuma who level this accusation are just as tainted.

This week Julius Malema made the outrageous threat that he and his fellow hooligans in the ANC Youth League are prepared to kill to prevent Zuma coming to trial. Their only motivation for this is the length of time it has taken to bring Zuma to trial -- when Zuma's systematic blocking tactic at every level of the court system is the main reason for the delay. It does not matter how long the judicial process lasts: if he has broken the law, he must face the music.

But the central point is that it is not for the ANC Youth League or any other political grouping to decide the ANC president's guilt or innocence -- that is the constitutionally determined job of the judiciary.

Then there is the case of Western Cape Judge President John Hlophe, accused by the full Bench of the Constitutional Court of trying to lobby two of its judges in Zuma's favour. Hlophe's guilt must still be decided by the Judicial Services Commission, but the court's complaint quotes him as talking of his "mandate" -- presumably political mandate -- and connections in the intelligence establishment. Let there be no doubt: if politicians and spooks start to lean on the highest court in the land, ordinary South Africans will be in the deepest possible trouble. Such interference raises the spectre of sectional political interests and vendettas shaping our fundamental law.

Freedom and constitutionalism don't disappear overnight. They are eroded by the rhetoric of intolerance, by ignorance and by apathy. Let us, as citizens, not be apathetic and speak up for the nation's founding document.

Source: Mail & Guardian

Wednesday, June 18, 2008

Scorpions battle taken to Constitutional Court

Johannesburg businessman Hugh Glenister will file papers in the Constitutional Court on Wednesday in a bid to prevent the government from disbanding the Scorpions.

Source: Mail & Guardian

Monday, June 16, 2008

The change Obama could bring

The US presidential hopeful is a great improvement on the current leadership, but just how progressive he might be remains to be seen.

Source: Mail & Guardian

Friday, June 13, 2008

Skwatsha stabbed at ANC meeting

The African National Congress's Western Cape secretary, Mcebisi Skwatsha, was stabbed in the neck at an ANC meeting in the Worcester town hall on Thursday evening.

The provincial ANC said in a statement that Skwatsha was taken to hospital as a precautionary measure and to clean up the wound. Police spokesperson Superintendent Andre Traut said a 30-year-old man was arrested and would appear in court soon. National party spokesperson Jessie Duarte said the meeting was held following a decision of the Western Cape ANC to suspend the Boland regional executive for "defiance of provincial directives on municipal matters. The ANC is deeply shocked at the knife attack." The Western Cape ANC said in a statement the meeting was well attended and orderly, but was "disrupted by a small group of people who came for the purpose of disrupting the meeting". "We stopped the meeting to ensure the safety of those who were present," it said.

Skwatsha is no stranger to controversy. In September last year, he was cleared by the Western Cape legislature's public accounts committee of wrongdoing in a lucrative Cape Town land deal. Allegations that Skwatsha had interfered in the sale of a province-owned 2,4ha erf in Tamboerskloof had been referred to the committee by the Democratic Alliance.

The Mail & Guardian reported in June 2007 that Skwatsha had used his former position as provincial minister of transport and public works to steer the land deal to business people close to the ruling party. That was the conclusion of forensic investigators and a provincial government disciplinary hearing. The documentary record obtained by the M&G, which included a draft forensic report, court papers and records from the disciplinary hearing, made it clear that Skwatsha had intervened with provincial officials, who appear to have committed fraud in an effort to ensure that the tender was awarded to a consortium known as Rowmoor Investments 490.

Rowmoor included among its directors Fezile Calana, a former ANC employee; Shaun Rai, a businessperson aligned with Western Cape Premier Ebrahim Rasool’s opponents in several politically sensitive empowerment battles; and Nombeka Mlambo, who had since fallen out with Rai.

Also last year, Skwatsha also cleared of claims that he had failed to disclose an interest in two companies while employed as provincial transport and public works minister. A legislature committee said that Skwatsha had had interests in Jama Security Services and GAEB Game Farming, but there was no obligation on him to declare these in the register of members' interests as he was not an MPL at the time -- early 2004 -- that he resigned from the companies.

Skwatsha resigned his provincial cabinet post in July 2005.

Source: Mail & Guardian Online

Monday, June 9, 2008

Court sentences Jordaan to life imprisonment

The Pretoria High Court on Monday sentenced Andrew Jordaan to life imprisonment for the murder of seven-year-old Sheldean Human. Handing down judgement, acting Judge Chris Eksteen also sentenced Jordaan to three years' imprisonment for her kidnapping and 10 years for her attempted rape. Jordaan further got five years for indecently assaulting, and a further 15 for raping, Sheldean's friend, in addition to three months for dagga possession. Jordaan's lawyer is to appeal the sentence. "My instructions are that we should proceed with an appeal," advocate Kgomotso Tlouane said outside the court.

Top cop Piet Byleveld said he was pleased with the outcome while Human's grandfather said he was "satisfied" with the sentencing. Human's mother, Elize, said she had expected a tougher sentence and that she was relieved that the matter had come to an end. Last week, in his final argument before the court, state prosecutor Andre Fourie asked it to hand down two life-imprisonment sentences to Jordaan. Fourie said Jordaan had acted in a premeditated manner in Human's killing, and as a result he should be held responsible for his actions. Referring to Sheldean as a "soft target", Fourie said a heavy sentence was necessary. The defence argued that Jordaan could be rehabilitated as he is a first-time offender.

Source: Mail & Guardian

Friday, June 6, 2008

De Klerk: Critical test ahead for SA's rule of law

South Africa's commitment to the rule of law faces a critical test in the coming months, former president FW de Klerk told the British South African Law Association on Wednesday night.

Source: Mail & Guardian

Thursday, June 5, 2008

Civil society petitions SA govt over Zim arms

Civil society bodies on Thursday urged the Southern African Development Community governments to impose a moratorium on the supply of arms to Zimbabwe.

Sunday, June 1, 2008

“Bullets for Each of You”

On March 29, 2008, Zimbabweans cast their ballots in presidential, parliamentary, senatorial and local council elections, the first synchronized elections since changes to the constitution in 2007. This report documents serious electoral flaws and human rights abuses, primarily by the government and President Robert Mugabe’s ruling Zimbabwe African National Union–Patriotic Front (ZANU-PF), which have undermined a free and fair vote.

The violence is being orchestrated by the Joint Operations Command, which is headed by senior ZANU-PF officials and includes the heads of the Zimbabwe Defence Forces, police, prison services, and the Central Intelligence Organization. In some areas local police are attempting to enforce the rule of law, but they are being undermined by their own superior officers. Human Rights Watch investigations indicate that the army is playing a major role in supporting the violence. It has provided known “war veterans” and ZANU-PF supporters with guns, transportation and bases from which serious human rights violations are carried out.

Source: Human Rights Watch