In a major strike for our independence, M&G Media has bought back the Mail & Guardian Online from MWeb, which has owned a stake since 1995.
Source: Mail & Guardian
Friday, August 29, 2008
A welcome voice of reason
ANC deputy president Kgalema Motlanthe stands at the Motlanthe's moderate centre, and he has the guts and integrity to stand up for what he thinks is right, even if that makes him unpopular. And although he almost certainly has his eye on high government office -- what politician doesn't -- he is not unhinged by ambition.
In this edition we publish an interview with Motlanthe in which he frankly takes on the mindless militancy of the hardliners in his party, particularly its youth wing, and among its communist and trade union allies. He defends the judiciary, pointing out that it has a decisive long-term role to play in our democracy, independently of the personalities who may happen to occupy the Bench. He has consistently claimed that Jacob Zuma is the victim of political persecution, but significantly, has not added his voice to the chorus of demands for the dropping of charges against the ANC president.
Source: Mail & Guardian
In this edition we publish an interview with Motlanthe in which he frankly takes on the mindless militancy of the hardliners in his party, particularly its youth wing, and among its communist and trade union allies. He defends the judiciary, pointing out that it has a decisive long-term role to play in our democracy, independently of the personalities who may happen to occupy the Bench. He has consistently claimed that Jacob Zuma is the victim of political persecution, but significantly, has not added his voice to the chorus of demands for the dropping of charges against the ANC president.
Source: Mail & Guardian
Sunday, August 24, 2008
Court slams the incredible Mr Simelane
Justice Department Director General Menzi Simelane received a harsh rebuke from Constitutional Court judges this week for not taking seriously a challenge to the dissolution of the Scorpions by businessman Bob Glenister.
Yacoob started his questioning of government's senior counsel Tshepo Sibeko by asking him why Simelane said nothing in his affidavit about the Bills when he knew "the decision was in the pipeline".
Government must account fully in court papers and look beyond technical positions, Yacoob said.
"Government must respond fully, frankly and openly to affidavits. This is a very serious matter."
Source: Mail & Guardian
Yacoob started his questioning of government's senior counsel Tshepo Sibeko by asking him why Simelane said nothing in his affidavit about the Bills when he knew "the decision was in the pipeline".
Government must account fully in court papers and look beyond technical positions, Yacoob said.
"Government must respond fully, frankly and openly to affidavits. This is a very serious matter."
Source: Mail & Guardian
Friday, August 22, 2008
Key affidavit used to smear Scorpions
As the fate of the Scorpions hangs in the balance, an investigation by the Mail & Guardian has uncovered a key document used to discredit the unit.
Source: Mail & Guardian
Source: Mail & Guardian
Thursday, August 21, 2008
'Cabinet acted unlawfully'?
Businessman Hugh Glenister's lawyer argued hard in the Constitutional Court on Wednesday to stop the legislation that would move the Scorpions to the police.
But, the judges of the court kept expressing concerns over the ramifications of the intervention in the parliamentary processes. "This is a case where initiating the legislation gives rise to the destruction of an institution," argued Glenister's lawyer, David Unterhalter. He submitted that by initiating legislation made on a resolution made by the ruling African National Congress, Cabinet was subordinating the law so that certain ANC national executive committee members could avoid scrutiny.
Unterhalter said the separation of powers was just a doctrine of prudence and there could be cases which justified judicial intervention in parliamentary process.He said the Cabinet had acted unconstitutionally by initiating the legislation and this gave the Constitutional Court the power to intervene.
But the judges remained sceptical. Judge Sandile Ngcobo said: "These considerations should be placed before parliament. Presently there are hearings which are hearing these issues. "And, presently we are sitting as the court looking at these issues. That just can't be right... That just can't be right." Judge Kate O'Regan said it was speculative to argue that the Scorpions would be ineffective until the process was complete. She was also not convinced that staff departures during the legislative process were cataclysmic. She calculated that only about 10% of the Scorpions? staff had left. "I am not sure that is the cataclysmic kind of effect that requires interfering with parliament," she said
Source: News 24
But, the judges of the court kept expressing concerns over the ramifications of the intervention in the parliamentary processes. "This is a case where initiating the legislation gives rise to the destruction of an institution," argued Glenister's lawyer, David Unterhalter. He submitted that by initiating legislation made on a resolution made by the ruling African National Congress, Cabinet was subordinating the law so that certain ANC national executive committee members could avoid scrutiny.
Unterhalter said the separation of powers was just a doctrine of prudence and there could be cases which justified judicial intervention in parliamentary process.He said the Cabinet had acted unconstitutionally by initiating the legislation and this gave the Constitutional Court the power to intervene.
But the judges remained sceptical. Judge Sandile Ngcobo said: "These considerations should be placed before parliament. Presently there are hearings which are hearing these issues. "And, presently we are sitting as the court looking at these issues. That just can't be right... That just can't be right." Judge Kate O'Regan said it was speculative to argue that the Scorpions would be ineffective until the process was complete. She was also not convinced that staff departures during the legislative process were cataclysmic. She calculated that only about 10% of the Scorpions? staff had left. "I am not sure that is the cataclysmic kind of effect that requires interfering with parliament," she said
Source: News 24
Wednesday, August 20, 2008
Scorpions battle: Concern over separation of powers
The justices of the Constitutional Court on Wednesday repeatedly expressed concern that they might be usurping the role of Parliament by deciding on the constitutionality of legislation currently under way that is aimed at disbanding the Scorpions.
Source; Mail & Guardian
Source; Mail & Guardian
Saturday, August 16, 2008
Guerrilla chief to head government in Nepal
The leader of the decade-long Maoist rebellion in Nepal was finally elected prime minister on Friday, after four months of political wrangling. His victory sets the stage for the former rebels' toughest challenge: how to uplift the lives of 27 million people in one of the poorest countries in the world, at a time of soaring food and fuel prices.
Pushpa Kamal Dahal, who goes by the nom de guerre Prachanda, or "the fierce one" in Nepali, won more than two-thirds of 577 votes cast in the Constituent Assembly. His election had been expected since April, when the Maoists won a majority in a special assembly elected both to draft a new constitution and to form a government. For four months, however, the nation's oldest party, Nepali Congress, with a long list of grievances against the Maoists, blocked their bid to lead a government of national consensus. The election of the prime minister opens the way to establish a democratically elected government in Nepal. That will be a milestone in resolving the decade-long civil war, a conflict that claimed the lives of an estimated 13,000 people before it ended with a peace accord in 2006.
The Maoists have already achieved their main goal, the ending of 239 years of Hindu monarchy. At its first session, in May, a constituent assembly declared Nepal a federal republic. The former king, Gyanendra, the world's last Hindu monarch, was forced to vacate the main palace here and live as a commoner. On Friday, Prachanda, 54, won with the support of three of four biggest parties in the 601-member assembly. Nepali Congress still refused to support his Communist Party of Nepal (Maoist), accusing its youth force of brutality. It also objected that the Maoists had not returned private property seized from political opponents during the war.
Prachanda defeated Sher Bahadur Deuba, a three-time former prime minister from Nepali Congress. A senior Maoist leader, Baburam Bhattarai, said Friday that political leaders of the party would no longer hold positions in its armed wing, the People's Liberation Army. He also pledged that the party would return seized property to its owners. Since shedding his fatigues and transforming himself into a politician, Prachanda has sought to cast his organization as a political party that merits the trust of the Nepalese people and foreign donors. As they form a government, the Maoists face their biggest challenge ever. Fuel is in short supply in the cities and hunger looms in the countryside. They will also press to integrate their former fighters into the Nepal army, a demand that the army will likely resist vigorously.
The Maoists remain on the U.S. list of banned terrorist organizations, although U.S. officials, apparently pragmatic, have established contact with their political leaders, including Prachanda.
Source: New York Times
Pushpa Kamal Dahal, who goes by the nom de guerre Prachanda, or "the fierce one" in Nepali, won more than two-thirds of 577 votes cast in the Constituent Assembly. His election had been expected since April, when the Maoists won a majority in a special assembly elected both to draft a new constitution and to form a government. For four months, however, the nation's oldest party, Nepali Congress, with a long list of grievances against the Maoists, blocked their bid to lead a government of national consensus. The election of the prime minister opens the way to establish a democratically elected government in Nepal. That will be a milestone in resolving the decade-long civil war, a conflict that claimed the lives of an estimated 13,000 people before it ended with a peace accord in 2006.
The Maoists have already achieved their main goal, the ending of 239 years of Hindu monarchy. At its first session, in May, a constituent assembly declared Nepal a federal republic. The former king, Gyanendra, the world's last Hindu monarch, was forced to vacate the main palace here and live as a commoner. On Friday, Prachanda, 54, won with the support of three of four biggest parties in the 601-member assembly. Nepali Congress still refused to support his Communist Party of Nepal (Maoist), accusing its youth force of brutality. It also objected that the Maoists had not returned private property seized from political opponents during the war.
Prachanda defeated Sher Bahadur Deuba, a three-time former prime minister from Nepali Congress. A senior Maoist leader, Baburam Bhattarai, said Friday that political leaders of the party would no longer hold positions in its armed wing, the People's Liberation Army. He also pledged that the party would return seized property to its owners. Since shedding his fatigues and transforming himself into a politician, Prachanda has sought to cast his organization as a political party that merits the trust of the Nepalese people and foreign donors. As they form a government, the Maoists face their biggest challenge ever. Fuel is in short supply in the cities and hunger looms in the countryside. They will also press to integrate their former fighters into the Nepal army, a demand that the army will likely resist vigorously.
The Maoists remain on the U.S. list of banned terrorist organizations, although U.S. officials, apparently pragmatic, have established contact with their political leaders, including Prachanda.
Source: New York Times
Wednesday, August 13, 2008
Scorpions controlled by CIA, MI5 - Kikine
British intelligence organisation MI5 and the United States' Central Intelligence Agency (CIA) are the masters of South Africa's elite crime fighting unit, the Scorpions, a public hearing into their dissolution heard in Durban on Tuesday.
Sam Kikine, the head of the International Traditional and Medicine Research Council, accused these two organisations of controlling the Scorpions. "Why have the Scorpions not investigated [chemical warfare expert]Wouter Basson and the CIA who have created this Aids? The Scorpions are working for MI5 and the CIA and not for South Africa," he told the hearing at the Umlazi Indoor Sports Complex. Kikine claimed that the Scorpions were loaded with apartheid era "special branch" operatives, who had also been responsible for the death of activist and lawyer Griffiths Mxenge, who was assassinated in 1981. Kikine said the council was supporting the proposed legislation to replace the Directorate of Special Operations, known as the Scorpions, with a new division within the South African Police Service, known as the Directorate for Priority Crime Investigation.
The hearings earlier kicked off amid singing and toyi-toying amid a heavy police presence. A crowd of about 80 Congress of South African Trade Unions (Cosatu) supporters had gathered outside the building before entering the complex singing. Many in the crowd wore shirts bearing logos of Cosatu's various member unions, while some wore shirts in support of African National Congress president Jacob Zuma. At one stage the crowd broke into Zuma's trademark "awulethu' mshini wami" song, taunting local Democratic Alliance supporters who had also turned up for the hearing. South African Communist Party (SACP) provincial secretary Themba Mthembu called for the inclusion of the Scorpions into the South African Police, because "integration would streamline and strengthen capacity in the fight against crime".
He said the SACP agreed with most of the findings of the Khampepe Commission, with the exception of keeping the unit separate from the police. The Democratic Alliance's KwaZulu-Natal safety and security spokesman Radley Keyes called for the retention of the unit, saying that it had achieved much. He said that one hearing in the province was insufficient and questioned whether the parliamentarians would take heed of the representations.
Keyes pointed to "the futility" of public representations of Matatiele where, despite residents' overwhelming support to remain in the province, the government had nevertheless supported the municipality's inclusion in the Eastern Cape. African Christian Democratic Party representative Cyril George described the Scorpions as "the sunlight that exposed crime". The South African Democratic Teachers Union secretary general Sipho "KK" Nkosi claimed that the Scorpions had been created by a political decision. "Disbanding it requires a political decision. The Scorpions chose some prime cases because they were serving the interests of their own political masters," he said. He criticised the Scorpions for highlighting their successes in the media. "Where they have not succeeded they have been mum to the media," he said.
Parliament's portfolio committees on justice and constitutional development, and safety and security were holding the hearings, which started on Monday and were expected to finish on Friday. Members of the public have until August 20 to hand in their written submissions against the disbanding.
Source: Polity
Sam Kikine, the head of the International Traditional and Medicine Research Council, accused these two organisations of controlling the Scorpions. "Why have the Scorpions not investigated [chemical warfare expert]Wouter Basson and the CIA who have created this Aids? The Scorpions are working for MI5 and the CIA and not for South Africa," he told the hearing at the Umlazi Indoor Sports Complex. Kikine claimed that the Scorpions were loaded with apartheid era "special branch" operatives, who had also been responsible for the death of activist and lawyer Griffiths Mxenge, who was assassinated in 1981. Kikine said the council was supporting the proposed legislation to replace the Directorate of Special Operations, known as the Scorpions, with a new division within the South African Police Service, known as the Directorate for Priority Crime Investigation.
The hearings earlier kicked off amid singing and toyi-toying amid a heavy police presence. A crowd of about 80 Congress of South African Trade Unions (Cosatu) supporters had gathered outside the building before entering the complex singing. Many in the crowd wore shirts bearing logos of Cosatu's various member unions, while some wore shirts in support of African National Congress president Jacob Zuma. At one stage the crowd broke into Zuma's trademark "awulethu' mshini wami" song, taunting local Democratic Alliance supporters who had also turned up for the hearing. South African Communist Party (SACP) provincial secretary Themba Mthembu called for the inclusion of the Scorpions into the South African Police, because "integration would streamline and strengthen capacity in the fight against crime".
He said the SACP agreed with most of the findings of the Khampepe Commission, with the exception of keeping the unit separate from the police. The Democratic Alliance's KwaZulu-Natal safety and security spokesman Radley Keyes called for the retention of the unit, saying that it had achieved much. He said that one hearing in the province was insufficient and questioned whether the parliamentarians would take heed of the representations.
Keyes pointed to "the futility" of public representations of Matatiele where, despite residents' overwhelming support to remain in the province, the government had nevertheless supported the municipality's inclusion in the Eastern Cape. African Christian Democratic Party representative Cyril George described the Scorpions as "the sunlight that exposed crime". The South African Democratic Teachers Union secretary general Sipho "KK" Nkosi claimed that the Scorpions had been created by a political decision. "Disbanding it requires a political decision. The Scorpions chose some prime cases because they were serving the interests of their own political masters," he said. He criticised the Scorpions for highlighting their successes in the media. "Where they have not succeeded they have been mum to the media," he said.
Parliament's portfolio committees on justice and constitutional development, and safety and security were holding the hearings, which started on Monday and were expected to finish on Friday. Members of the public have until August 20 to hand in their written submissions against the disbanding.
Source: Polity
Govt eyes improved criminal justice system
The flaws in South Africa's criminal justice system need to be fixed "yesterday", Deputy Minister of Justice and Constitutional Development Johnny de Lange said on Wednesday. "We need to do this in the shortest possible time. In fact, yesterday," he told reporters in Pretoria.
De Lange said such a review will reward the country with swift, equitable and fair justice in criminal matters. A key shortcoming at the moment is that the system is being managed by different departments what have no authority over each other. "Police, driven by targets, send dockets to court; prosecutors, also driven by targets, bargain with the perpetrators when they see that the case will take them longer," he said. This is counter-productive and no one, including opposition parties, has picked it up. In the reviewed system a top detective and a prosecutor will work together to screen dockets to ensure that only trial-ready dockets are put on court rolls.
In November last year, Cabinet approved a target of seven fundamental changes aimed at achieving a dynamic and coordinated criminal justice system. The seven-point plan envisages a criminal justice system with a single set of objectives, priorities and performance measurement targets. He said the new process will ensure that courts are focused on trials, rather than administrative functions. "The outcome of these changes will be a reduction of case cycle and the number of hearings per case," he said.
A major change will be that witnesses will only be subpoenaed to appear in court once a trial has started. In the current system they have to be in court even though the case is not ready for trial. He said a number of initiatives have been identified and some of these are being tested in pilot sites or are awaiting infrastructure before they can be fully implemented. "The outcome of these will be seen over a period of time," he said.
De Lange pointed out that the review of the criminal justice system started before the discussion on the future of the Scorpions. "The Scorpion issue is a parliamentary matter, which I can not comment on," he said.
De Lange said such a review will reward the country with swift, equitable and fair justice in criminal matters. A key shortcoming at the moment is that the system is being managed by different departments what have no authority over each other. "Police, driven by targets, send dockets to court; prosecutors, also driven by targets, bargain with the perpetrators when they see that the case will take them longer," he said. This is counter-productive and no one, including opposition parties, has picked it up. In the reviewed system a top detective and a prosecutor will work together to screen dockets to ensure that only trial-ready dockets are put on court rolls.
In November last year, Cabinet approved a target of seven fundamental changes aimed at achieving a dynamic and coordinated criminal justice system. The seven-point plan envisages a criminal justice system with a single set of objectives, priorities and performance measurement targets. He said the new process will ensure that courts are focused on trials, rather than administrative functions. "The outcome of these changes will be a reduction of case cycle and the number of hearings per case," he said.
A major change will be that witnesses will only be subpoenaed to appear in court once a trial has started. In the current system they have to be in court even though the case is not ready for trial. He said a number of initiatives have been identified and some of these are being tested in pilot sites or are awaiting infrastructure before they can be fully implemented. "The outcome of these will be seen over a period of time," he said.
De Lange pointed out that the review of the criminal justice system started before the discussion on the future of the Scorpions. "The Scorpion issue is a parliamentary matter, which I can not comment on," he said.
Saturday, August 9, 2008
Irene Grootboom dies homeless and penniless
Irene Grootboom was the woman whose name became known around the world for enforcing the state's obligation to respect socio-economic rights, especially of the homeless.
Yet, when she died this week in her forties, she was still homeless and penniless.
Eight years ago the Constitutional Court ruled in Grootboom's favour, saying that she and others living in an informal settlement on Wallacedene sports ground near Kraaifontein could not be evicted without being given alternative accommodation.
Crucially, the court found that the primary failure by the state was the inadequate housing programme, which didn't make sufficient provision for people in urgent need.
"She was a true hero, a genuine leader of her people, a hero of the working class, a symbol of hope to the poor, homeless and marginalised. Her courage and commitment to the creation of a society in which all enjoy a better life will be sorely missed," Skwatsha said.
Source: Mail and Guardian
Yet, when she died this week in her forties, she was still homeless and penniless.
Eight years ago the Constitutional Court ruled in Grootboom's favour, saying that she and others living in an informal settlement on Wallacedene sports ground near Kraaifontein could not be evicted without being given alternative accommodation.
Crucially, the court found that the primary failure by the state was the inadequate housing programme, which didn't make sufficient provision for people in urgent need.
"She was a true hero, a genuine leader of her people, a hero of the working class, a symbol of hope to the poor, homeless and marginalised. Her courage and commitment to the creation of a society in which all enjoy a better life will be sorely missed," Skwatsha said.
Source: Mail and Guardian
Thursday, August 7, 2008
President detained in Mauritania coup
Troops overthrew Mauritania's president in a military coup on Wednesday after he tried to sack senior army officers accused of being behind a political crisis destabilising the country. President Sidi Ould Cheikh Abdallahi was arrested as troops rolled through the capital Nouakchott and took over the presidential palace and the prime minister's office. They chased staff from the headquarters of state radio and television, though there was no sign of fighting in the city. A statement read on public radio said the coup was led by the head of the presidential guard, General Ould Abdel Aziz, who had been sacked earlier in the morning.The coup leaders formed a Military State Council and immediately annulled the army appointments made by the president, according to an information ministry statement broadcast on the radio. "The president has just been arrested by a commando, who came to fetch him, arrested him here and took him away," the president's daughter, Amal Mint Cheikh Abdallahi, told Radio France International from the presidential palace in Nouakchott. "This is a real coup d'etat," she said.
Abdallahi said armed men had occupied the presidency and that she was being prevented from leaving the building, but that she had not heard shots fired. The president's whereabouts were unknown, while Prime Minister Yahya Ould Ahmed Waghf was taken to an army barracks near the presidency, security sources said. A spokesman for the ousted president told AFP that the coup was in response to a presidential decree several high ranking army leaders including General Abdel Aziz. The president "issued a decree naming several new officers as the head of the presidential guard, the head of the armed forces and the head of the national guard. "These officers, three generals, refused to accept the presidential decree and are rebelling against the constitutional order," the spokesman Abdoulaye Mahmadou Ba said.
The capital of the nation of 3.1 million people was reported to be calm, with little evidence of the turmoil, witnesses said. The coup came less than six months after Abdallahi came to power in elections hailed as a model of democracy for Africa, following a three-year transition after a bloodless coup in August 2005.
Mauritania has been facing a political crisis and on Monday 48 MPs walked out on the ruling party less than two weeks after a vote of no confidence in the government prompted a cabinet reshuffle. Renegade lawmakers criticised Abdallahi's exercise of "personal power", adding that he had "disappointed the hopes of Mauritanians," a spokesman for the group said on Monday. A decree read out on national radio early Wednesday replaced General Ould Cheikh Mohamed Ahmed as chief of the army, as well as sacking Abdel Aziz as head of the presidential guard. Both generals were members of the transition council which ushered in the elections which Abdallahi won in 2007. Political observers in Nouakchott said the two generals were accused of being behind the mass walkout of ruling party MPs on Monday. The breakaway MPs said they will form a new party to seek a change of direction in the country, which imports more than 70 percent of its food and has been hard hit by the global food crisis.The Mauritanian president last month threatened to dissolve parliament after MPs filed a motion of no confidence in his new government, which then resigned. A spokesman for the MPs who walked out said the president was "reaping the fruits of his bad decisions". "By his decision to oust the generals he attacked the army head on, who reacted by deposing him" deputy Sidi Mohamed Ould Maham told AFP. The largely desertified country has a history of coups since its independence from France in 1960.
Mauritania was shaken between December 2007 and February 2008 by three attacks by extremists linked to Al-Qaeda which left seven people dead including four French tourists. The attacks caused the organisers of the 2008 Dakar rally to cancel the race, which usually crosses the Mauritanian deserts.
Source: AFP
Wednesday, August 6, 2008
Molewa: Poor struggle to access benefits
Weaknesses in the social security system have resulted in many children continuing to live in dire poverty, Social Development Minister Edna Molewa said on Thursday. Releasing a review of orphans' benefits in Pretoria, Molewa said the problem had become even more serious because of the recession. "The report has found that many children and families struggle to access pension funds to which they are legally entitled to, resulting in many continuing to live in poverty."
The study highlighted that communication between funds and beneficiaries had been poor, resulting in claimants failing to access their funds after the death of parents. Some claimants or their new caregivers were often not even aware that a parent had funds available for them.
Failure to investigate claims also caused frustration and lack of understanding. Hidden costs, inappropriate management, payments to foreign workers and payments to minors were also major obstacles. "It is a national disgrace that today there are hundreds of millions of rands still lying unclaimed in funds while intended beneficiaries live in dire poverty," said Molewa. She said the experience had shown that the current system was unsustainable and should not be allowed to continue.
The study showed where particular emphasis needed to be placed and where certain laws were left wanting. "We can be able to look at the laws and go to Parliament if need be." For the purpose of the study three statutory social insurance schemes and eight major pension funds were selected. This was augmented by individual case studies of claimants.
Source: Mail & Guardian
The study highlighted that communication between funds and beneficiaries had been poor, resulting in claimants failing to access their funds after the death of parents. Some claimants or their new caregivers were often not even aware that a parent had funds available for them.
Failure to investigate claims also caused frustration and lack of understanding. Hidden costs, inappropriate management, payments to foreign workers and payments to minors were also major obstacles. "It is a national disgrace that today there are hundreds of millions of rands still lying unclaimed in funds while intended beneficiaries live in dire poverty," said Molewa. She said the experience had shown that the current system was unsustainable and should not be allowed to continue.
The study showed where particular emphasis needed to be placed and where certain laws were left wanting. "We can be able to look at the laws and go to Parliament if need be." For the purpose of the study three statutory social insurance schemes and eight major pension funds were selected. This was augmented by individual case studies of claimants.
Source: Mail & Guardian
Tuesday, August 5, 2008
Why is Zuma's trial 'political'?
The claim that criminal prosecutions involving ANC president Jacob Zuma amount to political trials is nothing new.
Monday, August 4, 2008
The questionable company Jacob Zuma keeps
We are currently witnessing a series of reckless assaults on the Constitution, the independence of the judiciary, and the basic rule of law by members of the tripartite alliance leadership - namely, ANC Secretary-General, Gwede Mantashe, his COSATU counterpart, Zwelinzima Vavi, and ANCYL president, Julius Malema - in their frenzied rush to pledge allegiance to corruption-accused ANC president, Jacob Zuma.
Many have rightly questioned Zuma's silence on the matter; why, they ask, does he not publicly repudiate these remarks? If, according to the old adage, a man may be known by the company he keeps, then Zuma's refusal to censure Mantashe, Vavi, and Malema's remarks is an indication not only of the lengths to which his loyalty towards his political benefactors will drive him, but - coupled with his infamous declaration that he believes the ANC is more important than the Constitution - also indicates that he is in complete agreement with their sentiments.
As a would-be head of state, Jacob Zuma should be eager to represent all that is best about South Africa; he should surround himself with people who are committed to seeing this country succeed. As an aspirant leader of the executive and principal driver of policy, he should demonstrate impeccable judgement, which should manifest itself in the calibre of the friends and backers with whom he associates.
Yet an alarming number of Zuma's political benefactors are dubious to say the least, and, for the coterie of a presidential hopeful, point to a problematic trend towards the questionable in the company that Jacob Zuma keeps. The more vociferous of Zuma's friends are well known; but there remains a relatively unknown set of people amongst the ANC president's associates, who may arguably hold more sway in his political decision-making - particularly because of the material debt which he owes them for helping to facilitate his path to high office.
Jacob Zuma's benefactors - like those of most politicians - fall into two neat categories: the first comprises local and international businesspeople who have provided him with crucial financial support, chiefly through the Friends of Jacob Zuma Trust. His so-called "investment facilitator", Don Mkhwanazi, for example, is chairperson of the Trust, and a key driver in the process of selling the business community on Zuma. Their friendship dates back to Zuma's return from exile, when he stayed at Mkhwanazi's home in Umlazi.
As Zuma's apparent point-man in amassing financial favours from businesspeople (such as the fraud trial-implicated Vivian Reddy, who allegedly acted as Schaik's middle-man by delivering bribes to Zuma through the Development Africa Trust; and South African-born but London-based entrepreneur, Paul Ekon, who left the country in the mid-1990s under a cloud of speculation about his alleged involvement in the smuggling of a R4.8 million consignment of unwrought gold, and who facilitated Zuma's recent trip to the UK to meet with investors and company executives), Mkhwanazi arranges meetings between Zuma and potential donors, and fundraises for him. Almost every cent that is donated to Zuma reportedly passes through his hands.
Mkhwanazi is himself no stranger to scandal; he resigned from the Central Energy Fund when a commission of inquiry revealed that he had appointed corrupt Liberian businessman Emmanuel Shaw, who was on the UN Security Council Travel Ban List, as a consultant, without following the correct employment procedures. The enquiry also exposed the fact that Mkwanazi had failed to disclose his friendship with Shaw when the appointment was made.
The Schabir Schaik fraud trial exposed the chaotic state of Zuma's personal finances, hence the need for large amounts of money to help finance his lifestyle. It is unlikely, given Zuma's political ambitions, that his financial backers have chosen to fund this lifestyle charitably - a theory which was also rejected by Judge Hilary Squires during the trial.
If, as compensation for their generosity, Jacob Zuma's financial backers are able to exert even a small amount of influence on a Zuma-led administration, his possible presidency could well set in motion South Africa's descent into what Robert Guest calls the "vampire state".
The second group in Zuma's coterie are the kingmakers, who have rallied behind Zuma ever since his dismissal from the cabinet by President Mbeki. They are one of the major factors behind his ascent to the ANC presidency; they have stood by Zuma's side throughout both his rape and corruption trials, and mobilised supporters to fill the courtrooms every time he made a trial appearance. Several members of this group however, have questionable public records which suggest that they may be prepared to hijack state processes to further their own aims - be they financial or political:
KZN Transport MEC Bheki Cele, for example, is likely to be a key member of Zuma's inner circle in government. He is widely regarded as driving the campaign to have Zuma's pending corruption trial scrapped and all the charges dropped. In April 2007, Cele was named alongside Nathi Mthethwa, and brothers, John Mchunu - the ANC's eThekwini Regional Secretary, and Senzo Mchunu - ANC KwaZulu-Natal Provincial Secretary, as part of the group behind a campaign to make KwaZulu-Natal a no-go zone for Thabo Mbeki.
The same group is alleged to have lobbied the crowd to boo President Mbeki in front of Indian Prime Minister Manmohan Singh at a government event to celebrate the reburial of ANC struggle icon Moses Mabhida in KwaZulu-Natal in 2006. Together with the Mchunu brothers and Zet Luzipho, the secretary-general of COSATU in KwaZulu-Natal, Cele also organised the chaotic demonstrations by Jacob Zuma's supporters outside the courts whenever he appeared for trial. Their failure to repudiate the irresponsible behaviour of Zuma's supporters during these demonstrations suggests a readiness to tolerate such behaviour in order to further their political interests, which is unsettling at best. Who can forget the chanting of the slogan "burn the bitch" outside the courts during Zuma's rape trial?
Powerful politicians will always be surrounded by those who seek to capitalise on their influence for their own ends; indeed, this is part and parcel of politics. Jacob Zuma, however, appears to be amassing favour from a range of supporters who have made careers out of, or developed reputations for involvement in alleged corrupt activities, a willingness to skirt the edges of the law, and an alarming readiness to threaten violence. The implications of these favours being called in under a Zuma presidency are potentially dire. We could see the emergence of a state driven by special interests, with little respect for the due processes of democratic governance or public accountability; and one in which the rule of law is rapidly supplanted by the rule of force. Zuma's backers could also demand special treatment in the allocation of government business, in terms of tenders and contracts. This would have serious implications for service delivery, as priorities other than the meeting of performance criteria begin to dominate the processes for conducting state business.
In the DA's vision of an Open Opportunity Society for ALL, there is no space for back-room deals and political quid pro quo, because transparency and accountability are keystones of such a society. Every government transaction would be subject to public scrutiny, and there would be no escaping the consequences for anyone guilty of manipulating the process in favour of themselves or their connections.
The upshot: first, leaders chosen purely on the basis of their ability to lead and not on the basis of what they might be able to do for the well-connected; and, second, service providers and suppliers would be chosen purely on the basis of their merits, and not on the basis of who they know. This opens up opportunities for a much broader group to compete for state contracts, and taxpayers and citizens benefit from better service and a more efficient state.
Source: Politicsweb
Many have rightly questioned Zuma's silence on the matter; why, they ask, does he not publicly repudiate these remarks? If, according to the old adage, a man may be known by the company he keeps, then Zuma's refusal to censure Mantashe, Vavi, and Malema's remarks is an indication not only of the lengths to which his loyalty towards his political benefactors will drive him, but - coupled with his infamous declaration that he believes the ANC is more important than the Constitution - also indicates that he is in complete agreement with their sentiments.
As a would-be head of state, Jacob Zuma should be eager to represent all that is best about South Africa; he should surround himself with people who are committed to seeing this country succeed. As an aspirant leader of the executive and principal driver of policy, he should demonstrate impeccable judgement, which should manifest itself in the calibre of the friends and backers with whom he associates.
Yet an alarming number of Zuma's political benefactors are dubious to say the least, and, for the coterie of a presidential hopeful, point to a problematic trend towards the questionable in the company that Jacob Zuma keeps. The more vociferous of Zuma's friends are well known; but there remains a relatively unknown set of people amongst the ANC president's associates, who may arguably hold more sway in his political decision-making - particularly because of the material debt which he owes them for helping to facilitate his path to high office.
Jacob Zuma's benefactors - like those of most politicians - fall into two neat categories: the first comprises local and international businesspeople who have provided him with crucial financial support, chiefly through the Friends of Jacob Zuma Trust. His so-called "investment facilitator", Don Mkhwanazi, for example, is chairperson of the Trust, and a key driver in the process of selling the business community on Zuma. Their friendship dates back to Zuma's return from exile, when he stayed at Mkhwanazi's home in Umlazi.
As Zuma's apparent point-man in amassing financial favours from businesspeople (such as the fraud trial-implicated Vivian Reddy, who allegedly acted as Schaik's middle-man by delivering bribes to Zuma through the Development Africa Trust; and South African-born but London-based entrepreneur, Paul Ekon, who left the country in the mid-1990s under a cloud of speculation about his alleged involvement in the smuggling of a R4.8 million consignment of unwrought gold, and who facilitated Zuma's recent trip to the UK to meet with investors and company executives), Mkhwanazi arranges meetings between Zuma and potential donors, and fundraises for him. Almost every cent that is donated to Zuma reportedly passes through his hands.
Mkhwanazi is himself no stranger to scandal; he resigned from the Central Energy Fund when a commission of inquiry revealed that he had appointed corrupt Liberian businessman Emmanuel Shaw, who was on the UN Security Council Travel Ban List, as a consultant, without following the correct employment procedures. The enquiry also exposed the fact that Mkwanazi had failed to disclose his friendship with Shaw when the appointment was made.
The Schabir Schaik fraud trial exposed the chaotic state of Zuma's personal finances, hence the need for large amounts of money to help finance his lifestyle. It is unlikely, given Zuma's political ambitions, that his financial backers have chosen to fund this lifestyle charitably - a theory which was also rejected by Judge Hilary Squires during the trial.
If, as compensation for their generosity, Jacob Zuma's financial backers are able to exert even a small amount of influence on a Zuma-led administration, his possible presidency could well set in motion South Africa's descent into what Robert Guest calls the "vampire state".
The second group in Zuma's coterie are the kingmakers, who have rallied behind Zuma ever since his dismissal from the cabinet by President Mbeki. They are one of the major factors behind his ascent to the ANC presidency; they have stood by Zuma's side throughout both his rape and corruption trials, and mobilised supporters to fill the courtrooms every time he made a trial appearance. Several members of this group however, have questionable public records which suggest that they may be prepared to hijack state processes to further their own aims - be they financial or political:
KZN Transport MEC Bheki Cele, for example, is likely to be a key member of Zuma's inner circle in government. He is widely regarded as driving the campaign to have Zuma's pending corruption trial scrapped and all the charges dropped. In April 2007, Cele was named alongside Nathi Mthethwa, and brothers, John Mchunu - the ANC's eThekwini Regional Secretary, and Senzo Mchunu - ANC KwaZulu-Natal Provincial Secretary, as part of the group behind a campaign to make KwaZulu-Natal a no-go zone for Thabo Mbeki.
The same group is alleged to have lobbied the crowd to boo President Mbeki in front of Indian Prime Minister Manmohan Singh at a government event to celebrate the reburial of ANC struggle icon Moses Mabhida in KwaZulu-Natal in 2006. Together with the Mchunu brothers and Zet Luzipho, the secretary-general of COSATU in KwaZulu-Natal, Cele also organised the chaotic demonstrations by Jacob Zuma's supporters outside the courts whenever he appeared for trial. Their failure to repudiate the irresponsible behaviour of Zuma's supporters during these demonstrations suggests a readiness to tolerate such behaviour in order to further their political interests, which is unsettling at best. Who can forget the chanting of the slogan "burn the bitch" outside the courts during Zuma's rape trial?
Powerful politicians will always be surrounded by those who seek to capitalise on their influence for their own ends; indeed, this is part and parcel of politics. Jacob Zuma, however, appears to be amassing favour from a range of supporters who have made careers out of, or developed reputations for involvement in alleged corrupt activities, a willingness to skirt the edges of the law, and an alarming readiness to threaten violence. The implications of these favours being called in under a Zuma presidency are potentially dire. We could see the emergence of a state driven by special interests, with little respect for the due processes of democratic governance or public accountability; and one in which the rule of law is rapidly supplanted by the rule of force. Zuma's backers could also demand special treatment in the allocation of government business, in terms of tenders and contracts. This would have serious implications for service delivery, as priorities other than the meeting of performance criteria begin to dominate the processes for conducting state business.
In the DA's vision of an Open Opportunity Society for ALL, there is no space for back-room deals and political quid pro quo, because transparency and accountability are keystones of such a society. Every government transaction would be subject to public scrutiny, and there would be no escaping the consequences for anyone guilty of manipulating the process in favour of themselves or their connections.
The upshot: first, leaders chosen purely on the basis of their ability to lead and not on the basis of what they might be able to do for the well-connected; and, second, service providers and suppliers would be chosen purely on the basis of their merits, and not on the basis of who they know. This opens up opportunities for a much broader group to compete for state contracts, and taxpayers and citizens benefit from better service and a more efficient state.
Source: Politicsweb
Attempts to control media mount - Sanef
There are increasing attempts to control media via legislation, said Durban-based journalist Mary Papayya, who was recently re-elected secretary-general of the South African National Editors Forum (Sanef). Papayya, who will serve her third term in the position at Sanef, said the press needed to be more wary about developments such as the media tribunal. "We need to be wary of how political control encroaches on reporting," she said.
Papayya said if there was to be control, the first thing to come under pressure would be the press. "We are worried about political pressure by any party," she said. Here she referred to the media appeals tribunal touted by the government.
The tribunal has been proposed by the ANC, under which print media would be held accountable to parliament. Media institutions said the tribunal threatened the right to press freedom as well as the individual's rights to free expression. "The tribunal is not necessary, as we have an appeals panel and are self regulated. It threatens press freedom and contradicts the Constitution," she said. Papayya said Sanef had noted with concern the arrests of journalists and photographers, but attributed this to "lack of knowledge" by police.
In February, Durban journalist Mhlaba Memela, of the Sowetan newspaper, was arrested by a Metro police officer while taking pictures at an accident scene. Although his case was later dropped, Memela was charged with failing to comply with police instructions, resisting arrest and inciting a crowd.
In September last year, Daily News photographer Puri Devjee, who was at a crime scene, was arrested by a police officer from the collision unit. Devjee was handcuffed and taken to Berea Police Station, but later released on a warning. "Journalists have been unlawfully arrested and Sanef has called for a meeting with the SAPS as a joint initiative to resolve the problems," Papayya said. "We have the systems in place and it just needs to be made use of, because if there are contraventions there will be dire consequences," she said.
Papayya is a former editor, news editor, executive producer and bureau chief. Since 1987, she has worked across a range of media and is also a news trainer and consultant. She is the longest serving secretary-general in Sanef to date. She has served on the Sanef council since its inception in 1996.
Source: IoL
Papayya said if there was to be control, the first thing to come under pressure would be the press. "We are worried about political pressure by any party," she said. Here she referred to the media appeals tribunal touted by the government.
The tribunal has been proposed by the ANC, under which print media would be held accountable to parliament. Media institutions said the tribunal threatened the right to press freedom as well as the individual's rights to free expression. "The tribunal is not necessary, as we have an appeals panel and are self regulated. It threatens press freedom and contradicts the Constitution," she said. Papayya said Sanef had noted with concern the arrests of journalists and photographers, but attributed this to "lack of knowledge" by police.
In February, Durban journalist Mhlaba Memela, of the Sowetan newspaper, was arrested by a Metro police officer while taking pictures at an accident scene. Although his case was later dropped, Memela was charged with failing to comply with police instructions, resisting arrest and inciting a crowd.
In September last year, Daily News photographer Puri Devjee, who was at a crime scene, was arrested by a police officer from the collision unit. Devjee was handcuffed and taken to Berea Police Station, but later released on a warning. "Journalists have been unlawfully arrested and Sanef has called for a meeting with the SAPS as a joint initiative to resolve the problems," Papayya said. "We have the systems in place and it just needs to be made use of, because if there are contraventions there will be dire consequences," she said.
Papayya is a former editor, news editor, executive producer and bureau chief. Since 1987, she has worked across a range of media and is also a news trainer and consultant. She is the longest serving secretary-general in Sanef to date. She has served on the Sanef council since its inception in 1996.
Source: IoL
Friday, August 1, 2008
Mabandla instruction 'unlawful'
Justice Minister Brigitte Mabandla's order that prosecutions boss Vusi Pikoli not proceed with the prosecution of National Police Commissioner Jackie Selebi so that she can get more information on the matter was a criminal instruction, Pikoli's lawyer Wim Trengove said on Friday.
"That is an unexplained event. It is unconstitutional and unlawful. It is in fact a criminal instruction in terms of the NPA (National Prosecuting Authority) Act," said Trengove.
In the closing argument of the hearing into Pikoli's fitness to hold office, Trengove said there had never been a complaint against Pikoli since he took office in early 2005.
Trengove said that after Pikoli informed President Thabo Mbeki that he had secured a search and arrest warrant against Selebi, the two parted without any discord, except they had not agreed on when Pikoli would execute the warrant.
Mbeki then wrote to Mabandla asking for further details of the plans to arrest and prosecute so that he could create an enabling national security environment, given Selebi's position.
Mabandla asked for all the evidence against Selebi over the last 18 months and told Pikoli not to proceed with the prosecution of Selebi, he said, recapping on information presented at the inquiry. Pikoli wrote back to her saying this would be in breach of the NPA Act and, argued Trengove, this is when a "rupture" occurred.
In a subsequent letter to Pikoli, she did not clarify or retract any of those requests, said Trengove. "We simply don't know how this came about because the minister has never explained it to us, only she can," he said. "What we do know is that this was the beginning of the end."
Trengove said it was clear from the timeline of events that the Selebi investigation was why Pikoli was suspended. He said the government then went on to put out a "false" statement on Pikoli's suspension, saying it was due to an irretrievable breakdown in their relationship.
On his suspension, Pikoli told Mabandla this it was not true that there was no trust between them and she did not contradict him, Trengove submitted. Firing Pikoli would create "a great injustice and incalculable damage," he argued.
The complaint that he did not consider national security by disagreeing about the two weeks Mbeki needed before the planned Selebi action was mentioned for the first time at the start of hearing, he said. He submitted that the charges were unfounded and said the only person who could clarify matters and prove that there was a case was Mabandla. "Where is she?" he asked.
Source: News 24.com
"That is an unexplained event. It is unconstitutional and unlawful. It is in fact a criminal instruction in terms of the NPA (National Prosecuting Authority) Act," said Trengove.
In the closing argument of the hearing into Pikoli's fitness to hold office, Trengove said there had never been a complaint against Pikoli since he took office in early 2005.
Trengove said that after Pikoli informed President Thabo Mbeki that he had secured a search and arrest warrant against Selebi, the two parted without any discord, except they had not agreed on when Pikoli would execute the warrant.
Mbeki then wrote to Mabandla asking for further details of the plans to arrest and prosecute so that he could create an enabling national security environment, given Selebi's position.
Mabandla asked for all the evidence against Selebi over the last 18 months and told Pikoli not to proceed with the prosecution of Selebi, he said, recapping on information presented at the inquiry. Pikoli wrote back to her saying this would be in breach of the NPA Act and, argued Trengove, this is when a "rupture" occurred.
In a subsequent letter to Pikoli, she did not clarify or retract any of those requests, said Trengove. "We simply don't know how this came about because the minister has never explained it to us, only she can," he said. "What we do know is that this was the beginning of the end."
Trengove said it was clear from the timeline of events that the Selebi investigation was why Pikoli was suspended. He said the government then went on to put out a "false" statement on Pikoli's suspension, saying it was due to an irretrievable breakdown in their relationship.
On his suspension, Pikoli told Mabandla this it was not true that there was no trust between them and she did not contradict him, Trengove submitted. Firing Pikoli would create "a great injustice and incalculable damage," he argued.
The complaint that he did not consider national security by disagreeing about the two weeks Mbeki needed before the planned Selebi action was mentioned for the first time at the start of hearing, he said. He submitted that the charges were unfounded and said the only person who could clarify matters and prove that there was a case was Mabandla. "Where is she?" he asked.
Source: News 24.com
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