Tuesday, June 30, 2009

ABUSING MAJORITY

Mr John Mchunu and his leadership of the ANC Ethekwini Region must emulate the example of President Jacob Zuma. In respect of what he had told the Late Joe Slovo when they met to discuss talks with the NATS to find a solution. President Zuma told Joe Slovo that the NATS government has a powerful machine which ANC and exile can not match but ANC got on its side values, principles, morality and sympathy.

The Ethekwini Municipality has a powerful 16 vote majority in the Ethekwini Municipality but those who they push around have values, principles and have public sympathy. You can not use the majority to do what you please, thrown tried and tested produces to the wind, demolish market, scounder money on bus contracts and projects like Ushaka Island. Use your majority towards development taking political and not professional decisions. Take a look at Gauteng, Tshwane and Cape Town about name changing, about intercommunity relationships. Majority in those Metro do not mock minorities.

To Mr John Mchunu they say there was an unsinkable ship called the Roman Empire, they sank. The ANC in the Western Cape introspection about their loss, they say they lost Western Cape because of their own arrogance. Arrogance will not take Ethekwini too far. History has shown us that those who abuse power and are arrogant collapse very fast. Perhaps President Jacob Zuma should give these new comers a letter about humanity and fairness.

Source: Minority Front

Constant Fear and Mob Rule in South Africa Slum

The two robbery suspects had already been viciously beaten, their swollen faces stained with rivulets of red. One of them could no longer sit up, and only the need to moan seemed to revive him into consciousness. The other, Moses Tjiwa, occasionally stared into the taunting crowd and muttered, “I didn’t do anything.”

The suspects were awaiting the final cathartic wrath of the mob, the torment of being burned alive, wrapped in the fatal shawl of a gasoline-soaked blanket. Then suddenly they were saved from that hideous death by the brave intervention of a local politician. “Let the police handle this,” he implored. As usual, the police arrived late on that recent evening, and many in the mob angrily objected to their being there at all. Finally, one police inspector shouted: “Get back or I’m leaving this place and never helping you people again. I hate Diepsloot!”

Crime in South Africa is commonly portrayed as an onslaught against the wealthy, but it is the poor who are most vulnerable: poor people conveniently accessible to poor criminals. Diepsloot, an impoverished settlement on the northern edge of Johannesburg, has an estimated population of 150,000, and the closest police station is 10 miles away. To spend time in Diepsloot over three weeks is to observe the unrelenting fear so common among the urban poor. Experts point to the particularly brutal nature of crime in this country: the unusually high number of rapes, hijackings and armed robberies. The murder rate, while declining, is about eight times higher than in the United States.

In Diepsloot, people usually bear their losses in silence, their misfortune unreported and their offenders unknown. If a suspect is identified, victims usually inform quasi-legal vigilante groups or hire their own thugs to recover their property. There is also the impromptu mob justice, when an apprehended suspect becomes the sacrificial culprit for a thousand grievances. Even Jacob Zuma, the new president, says that citizens cannot be “blamed if they take the law into their own hands.” In one way or another, most already do. Among the wealthy, private security is the substitute for police protection. The open veldt surrounding Johannesburg is filling in with one barricaded development after another, fortified with electrified fencing, cameras and armed patrols. But the poor have no money for such defenses. Robbery is the most common crime in Diepsloot, a place where most every door is flimsy and each pathway a peril. Five-pound hammers are commonly used in assaults. Thieves hide easily in the darkness, preying on those who begin their walk to work before dawn and return after nightfall.

In the case where the mob turned its rage on Mr. Tjiwa and another man, Philip Dlamini, a young woman had been toting a satchel with about $500, the day’s proceeds from the grocery where she worked. Mr. Dlamini, accused of snatching the bag away, was quickly seized. A beating made him give up the name of an abettor, Mr. Tjiwa, who at the time was beginning an evening of beer at Themba’s Bottle Shop. “What’s this about?” he recalled demanding as he was being wrenched away. “You know what it’s about,” his accusers said, smacking his head with the metal end of a spade.

A mob’s haste sometimes leads to irredeemable errors. A few days later, Superintendent Sam Mokgonyana, the commander of the police station closest to Diepsloot, speculated that neither Mr. Dlamini nor Mr. Tjiwa was involved in the robbery. Rather, he supposed, the woman carrying the cash was in league with others in some inside conspiracy. “She should have been the first one arrested,” he said. Then he sighed before adding, “I wish I had 100 more men like me so I could do some proper policing.”

South Africa is a young democracy, and people have yet to trust the government for protection. Under apartheid, the police were agents of state repression. Now, says Antony Altbeker, a criminologist, attitudes toward law enforcement have “turned from hatred into contempt.” By international standards, the South African Police Service has an adequate amount of manpower per capita, though it is an undersized force in relation to the amount of violence. Whatever the measure, people here often dismiss the police as bunglers at best and crooks at worst. In Diepsloot, an arrest is usually seen as a way to gain the leverage needed to exact a bribe.

While Superintendent Mokgonyana agreed some of his officers were corrupt, he insisted a larger share of the venality rested with prosecutors and the courts. The superintendent is new to this command and said he tried to keep at least six vehicles on patrol in Diepsloot, but said that the few paved roads did not penetrate the contorted pathways of the shacks. Officers rarely move on foot among the hovels of salvaged metal and wood. With nightfall, the people themselves are loath to venture out.

On May 17, shortly after midnight, robbers shot up Ndlovu’s Tavern, killing a man and wounding 12 others. While the gunshots likely awakened hundreds, those who hear everything most often believe it is wise to do nothing. The heist lasted three hours. Some of the robbers leisurely played snooker while others did the hard work of carrying away crates of beer. The customers had been ordered to lie face down on the floor, and one of the gunmen selected a Freddie Gwala tune on the jukebox and danced on the backs of his captives. That killing was the first of four that week in Diepsloot. “Nobody helped,” George Ndlovu, the tavern’s owner, said of his neighbors. “I don’t blame them. I would not have helped.”

Diepsloot is something of a depository for South Africans forcibly evicted from other overcrowded townships and a collection point for immigrants. It is divided into 12 “extensions.” The better areas have government-built houses. The worst have only the haphazard shacks, with no light except that provided by kerosene and paraffin. Water trickles from communal taps. Toilets are the portable kind found on construction sites. The police now park a small trailer in Extension 1, but the officers there deal only with paperwork. A red-brick police station stands on the township’s northern perimeter, but those inside are unarmed municipal officers responsible for traffic, not crime. “Even if you know who robbed you, there is not much you can do,” said David Kaise, a day laborer who was recently parted from $50 and his cellphone.

But he did try, taking his troubles to the Comrades, a group of vigilantes available for hire. They hang out amid the squalor of Extension 1, nursing bottles of Black Label beer as they await the next customer. Their methods are notorious. They chain prisoners down and pour saltwater on their buttocks to soften the skin. Then they wield a heavy plastic cane called a sjambok. A dozen or so whacks are usually enough. “The sjambok is very good medicine,” wisecracked Evens Matamisa, a slender man with dreadlocks and the Comrades’ vice chairman. “We bring people to our office. It is the best clinic in town for giving the medicine.”

Those who fight crime and those who commit it are too often the same. The Comrades required a $20 fee before accepting Mr. Kaise’s “case,” and then returned with only the phone, which was broken. The day laborer regretted his decision. “The guy who robbed me must have paid them more,” he said. Each of the extensions has a “community policing forum,” a legally empowered group of volunteers meant to assist the police — and very often to act in lieu of them. They vary in size and tactics, but many hunt down suspects and handcuff them. As punishments, they impose fines. They demolish shacks. They sometimes apply beatings.

President Zuma is an advocate for these forums and has spoken approvingly of the “instant justice” they provide. His party, the African National Congress, has called for a “massive” expansion of community policing, with stipends paid to young enlistees. But police work is dangerous and citizen vigilantes are most often unarmed. Julius Malepe, the forum chairman of Extension 7, complained that his group had apprehended several suspects only to find them back on the street within days. Then the criminals get angry with him and that puts his life in danger, he said. “We do the job for the police and at the end of the day, they get a fat check and we get nothing,” Mr. Malepe said.

That complaint came a month before Mr. Malepe was murdered. Early one Saturday this month, he led two dozen unarmed civilian “patrollers” through the neighborhood. Their vigil ended at 3 a.m., and the forum chairman and another man, Samuel Matari, walked home. As they passed the New Creation Missionaries church, they were confronted by four gunmen. “We’ve been warning you,” one of the assailants called out, according to Mr. Matari. He and his friend ran for their lives.

Mr. Malepe, the earnest, gap-toothed chairman of Extension 7, was shot down on one of the many undulating dirt roads of Diepsloot, falling dead in the darkness just a few feet from the Fly by Night Tavern.

Source: New York Times

Monday, June 29, 2009

Constant Fear and Mob Rule in South Africa Slum

Crime in South Africa is commonly portrayed as an onslaught against the wealthy, but it is the poor who are most vulnerable: poor people conveniently accessible to poor criminals. Diepsloot, an impoverished settlement on the northern edge of Johannesburg, has an estimated population of 150,000, and the closest police station is 10 miles away.

To spend time in Diepsloot over three weeks is to observe the unrelenting fear so common among the urban poor. Experts point to the particularly brutal nature of crime in this country: the unusually high number of rapes, hijackings and armed robberies. The murder rate, while declining, is about eight times higher than in the United States.

In Diepsloot, people usually bear their losses in silence, their misfortune unreported and their offenders unknown. If a suspect is identified, victims usually inform quasi-legal vigilante groups or hire their own thugs to recover their property.

There is also the impromptu mob justice, when an apprehended suspect becomes the sacrificial culprit for a thousand grievances. Even Jacob Zuma, the new president, says that citizens cannot be “blamed if they take the law into their own hands.”

Source: New York Times

Saturday, June 27, 2009

Behind Ramatlhodi's front

Ngoako Ramatlhodi's secret Bushveld farm really was his, but his friend who fronted for him bankrolled it too -- before sharing in casino rights awarded by the Limpopo government, where Ramatlhodi was premier. Ramatlhodi, now chairperson of Parliament's justice committee, is tipped for the position of national director of public prosecutions.

The Mail & Guardian earlier this month revealed Ramatlhodi's hush-hush role in the 1996 purchase of a farm near Mokopane, while he was premier. It was sold two-and-a-half years later to Anglo Platinum for the controversial resettlement of communities, at a face-value profit of R1-million.

Ramatlhodi's role was obscured by the fact that the buyer was a close corporation owned on paper by his friend, Limpopo businessperson Joe Mogodi. Ramatlhodi volunteered that he was the true owner during a long-running Scorpions probe, since closed, into allegations that he took bribes from a social grants contractor. Mogodi, however, insisted to the M&G that he was the owner.

The records of an October 2000 North Gauteng High Court hearing, in which First National Bank sued Ramatlhodi for debt, reveal:

* FNB, which extended the loan to purchase the farm, knew Ramatlhodi was the true owner;

* In correspondence with the bank Mogodi confirmed he was merely Ramatlhodi's "go-between";

* Ramatlhodi's salary as premier was insufficient to meet FNB's instalments; and

* Mogodi paid hundreds of thousands of rands to cover the instalments and settle debt, leaving him in a "financial predicament".

Mogodi, in other words, bent over backwards to fund the purchase of the farm for Ramatlhodi. During this time Mogodi vied for a casino licence, which was ultimately awarded to a consortium including him. Completing the circle, the provincial gambling board that awarded the licence was headed by Seth Nthai -- Ramatlhodi's personal advocate who defended him against the FNB debt claim. From the facts of that dispute, Nthai would have known that Mogodi had bankrolled the farm for the premier. Mogodi declined to comment. Ramatlhodi and Nthai failed to comment by the time of going to press.

Ngoako Properties, the close corporation owned on paper by Mogodi, offered R2.2-million to buy Sterkwater-De Hoogedoorns farm, plus a further R600 000 for cattle and implements, in January 1996. The offer was accepted. FNB approved a five-year loan of R2.8-million to fund the purchase. Both Mogodi and Ramatlhodi signed surety. But Mogodi may not have been fully aware of what he had let himself in for. The record of the FNB-Ramatlhodi hearing reflects FNB's Polokwane bank manager, Hendrik Janse van Rensburg, writing to his regional head office in April 1996: "We enclose the premier's balance sheet and we confirm that he signed the letter of suretyship … Repayment of the loan was discussed with him and he referred us to Mr Mogodi."

Three years later, once things had gone belly-up, Van Rensburg reported to his regional office: "During March 1996 the premier approached the bank for a 100% long-term loan of R2.8-million … The bank approved the loan subject to the condition that the term of the loan be reduced to five years ... "The premier could not register the farm property in his name in view of his position as premier, and he requested his personal friend, Mr J Mogodi, to register the close corporation in his name … "[Regional office instructed us] to request Mr Mogodi to sign a letter of suretyship and register a bond over his [own] farm property. He reluctantly agreed, informing us as follows: he was not even present when the financing of the farm had been discussed … "Mr Mogodi has serviced the instalments from the loan account without any financial assistance from the premier. He was eventually forced to surrender his endowment policies and MIA [managed investment account] to continue with his trading activities."

From the start, Van Rensburg's reports show, Mogodi attempted to negotiate a lighter burden with FNB. The monthly instalments were R55 000 a month. By early 1997 Mogodi had, on Van Rensburg's evidence, already put in R300 000 of his own money, but the loan account was in arrears. An FNB agricultural adviser proposed selling off less viable portions of the farm, but Mogodi, according to another Van Rensburg report, informed them: "He [Ramatlhodi] has decided to keep the farm property." Mogodi also told the bank they could only afford to repay at a rate of R35 000 to R40 000 a month, consisting of R20 000 (Mogodi), R10 000 (Ramatlhodi) and R5 000 to R10 000 (farm income). That Ramatlhodi could never have intended to pay the entire loan from his salary is clear: as late as 2004, Ramatlhodi grossed less than R60 000 a month. His net salary would have been well below FNB's R55 000 instalments.

The loan account fell further into arrears. In September 1997 cattle and implements were auctioned. When Angloplat made an offer of R3.2-million for the farm property in September 1998 it was accepted. The profit went straight to FNB, but the loan account was so far in arrears that FNB demanded Mogodi and Ramatlhodi pay a shortfall of more than R1-million. Mogodi eventually paid R375 000 and FNB let him off, but it sued Ramatlhodi for the balance. After the first day of the trial, in October 2000, FNB and Ramatlhodi settled. The details are not known.

On the available evidence, Mogodi's R375 000 brought his total contribution towards Ramatlhodi's farm to at least R675 000, and potentially much more. Did he get anything in return? Although the full circumstances are not known, Mogodi soon benefited from a casino licence. This is made problematic by the timing of the award and the dual role of Nthai, Ramatlhodi's defence advocate in the FNB matter.

Source: Mail & Guardian

Friday, June 26, 2009

HRW: Zim army guilty of diamond field abuses

Human Rights Watch on Friday accused Zimbabwe's armed forces, under the control of President Robert Mugabe's Zanu-PF, of torture and forced labour in the eastern Marange diamond fields.

A new 62-page report documents the killing of more than 200 people by the army in a takeover of the eastern fields last year, saying it believes the illegal diamond trade is a likely revenue source for senior Zanu-PF officials.

"The police and army have turned this peaceful area into a nightmare of lawlessness and horrific violence," said Georgette Gagnon, HRW's Africa director in a statement.

"Some income from the fields has been funnelled to high-level party members of Zanu-PF, which is now part of a power-sharing government that urgently needs revenue as the country faces a dire economic crisis," the rights group said.

Source: Mail & Guardian

Zimbabwe’s Diamond Fields Enrich Ruling Party

JOHANNESBURG — Zimbabwe’s military, controlled by President Robert Mugabe’s political party, violently took over diamond fields in Zimbabwe last year and has used the illicit revenues to buy the loyalty of restive soldiers and enrich party leaders, Human Rights Watch charged in a report released Friday.

The party, ZANU-PF, has used the money from diamonds — smuggled out of the country or illegally sold through the Reserve Bank — to reinforce its hold over the security forces, which seemed to be slipping last year as the value of soldiers’ pay collapsed with soaring inflation, Human Rights Watch researchers said.

Source: New York Times

Thursday, June 25, 2009

Alleged Ponzi-scheme recruiter's assets frozen

The assets of lawyer Dean Rees -- an alleged recruiter for a Ponzi scheme reportedly headed by Barry Tannenbaum -- have been frozen, the Financial Mail said on Thursday. According to a recent investigation, Rees sought investors for Tannenbaum's scheme that supposedly imported pharmaceutical drugs into South Africa and then sold them on to generic drug manufacturers. Although Rees said he was an unwitting pawn of Tannenbaum, his assets were frozen this week by the Queen's Bench division of the United Kingdom High Court in London, the FM added. When contacted, Rees said he would fight this "most vigorously".

According to the FM, the UK court order specifically froze nine bank accounts belonging to Rees and his companies, including four at Investec and others in Hong Kong, New York and Switzerland. The order also demanded that Rees hand his passport to Barwa's lawyers and that he provide a list of all his assets.

Source: Mail & Guardian

Tuesday, June 23, 2009

Fight against blood diamonds under review in Namibia

Diamond-producing nations open a meeting on Tuesday to review global efforts to prevent trade in the gems from fuelling conflicts, with an eye on alleged abuses in Zimbabwe and Venezuela's recent suspension.

An international scheme known as the Kimberley Process, named after the South African mining town, was launched in 2003 with the aim of curbing the flow of "blood diamonds" into the mainstream market.

Namibia, which currently heads the process, is hosting the three-day meeting to deliberate on efforts to further curb the illegal diamond trade blamed for financing wars in developing countries.

"The clock is running out on Kimberley Process credibility," said Annie Dunnebacke of the London-based Global Witness, which monitors the exploitation of natural resources.

Global Witness has pointed to worries over smuggling, money laundering and human rights abuses in the world's alluvial diamond fields.

Source: Mail & Guardian

Ex-MEC charged with murdering spouse

Mpumalanga's former Environmental Affairs MEC, Luckson Mathebula, is due to appear in court for a second bail application today after being charged with the assassination of his estranged wife. The two gunmen who murdered Rose Aletta Mnisi in front of a group of primary school children are still at large, but police arrested Mathebula along with a girlfriend and a traditional healer on conspiracy to murder charges last week.

The girlfriend, Pretty Thembi Gama, allegedly provided the getaway car and the 7.65mm pistol used to shoot Mnisi at point-blank range in the back of her head two weeks ago. The traditional healer, Jimmy Chauke, allegedly blessed the assassination plot and provided muti to 'protect' the killers. Chauke has been denied bail and was remanded until July 5, but Mathebula and Gama will both appear in the Lulekani Circuit Court near Phalaborwa today. Both are in custody after they were refused bail last Friday.

Police are also still attempting to track the gunman and his getaway driver after they backed out of a deal to surrender to police last week. The alleged killers initially offered to surrender through Mathebula's attorney, Francis Legodi, but backed out at the last minute and have since disappeared. Investigating officer Superintendent Hennie Lochner has confirmed that he was probing reports that a woman with the same name as Mnisi was murdered in almost identical circumstances three weeks ago.

Monday, June 22, 2009

Fidentia curators probe 'significant entity'

Fidentia's curators have been probing a deal involving "a significant entity in the financial-services industry", according to a report made public on Monday.

In the report, dated March 10, curators Dines Gihwala and George Papadakis detailed how they had recovered, or had firm agreements on, about R160-million of Fidentia cash. They also listed a number of assets that still had to be sold, including the Sante Winelands Hotel and Spa at Franschoek, and Fidentia's former headquarters in Cape Town's Century City, for which they are seeking more than R53-million. "There is also a transaction involving a significant entity in the financial-services industry, which may be liable to the curators in a transaction that appear[s] to be a sham," they said. "Inasmuch as the curators are still investigating this claim, they are reluctant to disclose the identity of such entity to ensure no reputational damage is suffered by such entity, just in case it turns out that the information at the disposal of the curators is unreliable and/or inaccurate."

Former Fidentia boss J Arthur Brown is currently facing criminal charges related to the Fidentia debacle. One-time Fidentia accountant/financial director Graham Maddock is behind bars after entering a plea agreement with the Scorpions, which involves testifying against Brown. The curators said in their report that Maddock had undertaken in the plea agreement to pay them R6,3-million. Of this they had so far received R2,8-million, from the sale of the Maddocks' Constantia family home.

An associate of Brown's, Louis Koen, had agreed to repay R10,9-million, and had so far handed over R3,2-million of this. Johan Linde, who received R5,1-million as purported dividend and restraint of trade agreements, had paid over the entire amount to the curators. These amounts make up part of the R160-million total. The curators said summonses for similar payments, totalling more than R20-million, had been issued against Johan de Jongh, Hjalmar Mulder and Zacharias Brown.

Also unresolved were claims of R8,5-million against former Fidentia director Rudi Bam, R24,7-million against Brown and his wife, Susan, and R77-million against businesses formerly controlled by broker Steve Goodwin. Goodwin was jailed two months ago, in another Scorpions plea agreement, after being apprehended in the United States. Gihwala has previously said that the shortfall on Fidentia's books could be as much as a billion rand.

The publication of the curators' report, available on the Financial Services Board's website, follows an order made by the Cape High Court last week.

Source: Mail & Guardina

Saturday, June 20, 2009

Chaos prevails as protesters, police clash in Iranian capital


On Saturday, thousands of defiant protesters swept into the streets of the Iranian capital, where they clashed with police armed with batons, tear gas and water cannons. A stream of videos posted on social networking Web sites depicted scenes of chaos -- the sound of gunshots and helicopters whirring overhead and graphic images of wounded men and women being carried away. Unconfirmed reports put the death toll as high as 150 on the seventh day of post-election protests. Sources at one Tehran hospital confirmed 19 deaths Saturday.

The International Campaign for Human Rights in Iran said numerous protesters who had been beaten and injured by security forces were arrested and detained when they sought medical treatment in hospitals. It said fear of arrest had reportedly driven injured protesters, some in serious condition, to seek care at foreign embassies. One woman, Shahnaz, said riot police used batons and water hoses to keep her and about 300 other people from reaching Revolution Square in central Tehran. She said she saw helicopters hovering and then she saw tear gas. Shahnaz is being identified only by her first name for safety reasons.

Verifiable information was hard to come by. The Ministry of Culture on Saturday banned international media from reporting on the demonstrations unless they receive permission from Iranian authorities. A freelance journalist said it was "very dangerous" to take pictures.

Source: CNN

'Neda' becomes rallying cry for Iranian protests


RIP NEDA, The World cries seeing your last breath, you didn't die in vain. We remember you."

Nedā (ندا) is a word used in Persian to mean "voice", "calling," or "divine message," and she has been referred to as the "voice of Iran." She was filmed as she lay dying on the street. Her death thus became iconic in the struggle of Iranian protesters against what they said was the fraudulent election of President Mahmoud Ahmadinejad.

Source: Wikipedia

Wednesday, June 17, 2009

Heath is back in from the cold

Former judge Willem Heath is back in from the cold and is to be appointed Justice Minister Jeff Radebe's special adviser.

This was confirmed on Tuesday by Radebe's new spokesperson, Tlali Tlali, who said it was expected the appointment would be sealed "in a matter of days".

Heath, as a legal adviser to President Jacob Zuma, played a key role in the efforts that led to the dropping of the corruption charges against the ANC leader before the general elections in April.

"The minister considered the qualities and special attributes that Willem Heath brings as a former legal practitioner and a former judge," Tlali said on Tuesday.

Source: News 24.com

Govt won't seize white farms, says minister

South Africa's new Agriculture Minister, Tina Joemat-Petterson, said on Tuesday the continent's biggest maize producer would not seize white farms to redistribute to black South Africans as this would harm its economy. "With our willing-buyer, willing-seller policy there are times when the land becomes too expensive for the state to purchase, and if we face a programme of expropriation, it would further destabilise the economic industry of agriculture," she told an agribusiness conference in Cape Town.

After the fall of apartheid in 1994, the African National Congress set itself a target of handing 30% of all agricultural land to the black majority by 2014. But progress towards the target has been slow, and only about 4% of land has been acquired from private owners amid funding problems that government officials say might hinder the government from meeting its goal.

Land reform is a sensitive issue in Africa's biggest economy, where critics say the programme has hurt investment in the commercial farming sector and drastically reduced the land that is available for commercial agriculture.

Source: Mail & Guardian

Saturday, June 13, 2009

Patrick Maqubela: Acting judge and former MK operative

Acting Western Cape High Court Judge Patrick Ntobeko Maqubela, who was found dead in his Bantry Bay apartment last week at the age of 60, commanded an Umkhonto weSizwe unit until being arrested and sentenced to 20 years in jail, in 1982. He came to prominence several years ago when Mo Shaik and Mac Maharaj alleged that the then head of the National Prosecuting Authority, Bulelani Ngcuka, had betrayed him to the security police.

Maqubela blew their allegation out of the water, saying they knew very well who had shopped him , and it was not Ngcuka. Maqubela was born in Qumbu in the Transkei, on March 30 1949. While at school he joined the Black Consciousness-aligned SA Students Organisation. He read law at Fort Hare university but was expelled for political activities. He was articled to Griffiths Mxenge, the Durban-based human rights lawyer who was assassinated by a police hit squad in 1981. In Umkhonto weSizwe, Maqubela’s unit, which planted bombs at targets such as an army recruitment centre in Durban, answered to Zweli Nyanda, brother of the current minister of telecommunications, Siphiwe Nyanda. Zweli Nyanda was killed when a squad under the command of Eugene de Kock raided the house where he was staying in Swaziland.

The man Maqubela suspected of betraying him was staying in the same house but vanished shortly before the raid. He was subsequently detained by the ANC in Lusaka before “committing suicide”. During his imprisonment, Maqubela was called “the godfather” by cellmates arrested with him because he was older than they were and had an air of authority and calming influence at a time when they thought they were going to be hanged.

After being released in 1991, he became the director of the SA Legal and Defence Fund until it folded in 1994. He served as legal adviser to several politicians, and SA Airways. He was made an acting judge last year. Maqubela is survived by his wife, Thandi, and five children.

Source: The Times

Thursday, June 11, 2009

ANC bosses flee in bomb scare drama

ANC bigwigs, including secretary-general Gwede Mantashe and ANC Youth League president Julius Malema, dashed out from Luthuli House headquarters yesterday following a bomb scare. Deputy secretary-general Thandi Modise and other officials were also evacuated by security personnel from the party’s Sauer Street address.

Party spokesperson Ishmael Mnisi told Sowetan the receptionist at head office received the bomb scare call at 10.30am. “The receptionist dropped the phone and the caller rang again, three times. We then decided to call the police who advised we should evacuate the building and we did. “The police searched until midday and found nothing. It’s not a nice thing to threaten people with bombs and we are not going to laugh it off. We’re waiting for a full report from the police.”

Source: The Sowetan

SA rocked by R10bn Ponzi scheme

One of South Africa's largest Ponzi schemes, estimated to be worth up to R10-billion, has been uncovered, reports said on Thursday. The weekly Financial Mail, the Star and website moneyweb.co.za reported that this scheme could outstrip Fidentia and other scams by billions of rands. It said some of South Africa's wealthiest families seemed to have been targeted. A website set up to provide details said the scheme was allegedly run by Barry Tannenbaum (43), grandson of Adcock Ingram founder Harold Tannenbaum.

According to the Financial Mail, Tannenbaum may have defrauded investors through his Frankel International and Frankel Chemical Corp companies. Tannenbaum allegedly asked investors to put money in his companies, Frankel International and Frankel Chemicals, by offering returns of more than 200% a year, the magazine said.

The Star reported that estimates showed up to R10-billion could be at stake. One local investor placed as much as R100-million in the scheme. The newspaper named those involved as Tannenbaum and Johannesburg attorneys Dean Rees and Darryl Leigh. It said Rees and Tannenbaum were both blaming each other for the scheme.

The website describes the Frankel investment scheme as operating as an importer and exporter of active pharmaceutical ingredients (API) to and from foreign countries. "These ingredients are used by manufacturers of generic medicines and a large part of the APIs are used in the manufacturing of the antiretroviral drug prescribed to people who are exposed to or contracted HIV/Aids."

The site added that Tannenbaum promoted his concept to investors "claiming massive returns on investments". It alleges that he supported his proposition "by showing prospects purchase orders from major pharmaceutical companies such as Adcock Ingram, Aspen and Novartis for the respective APIs valued in the many millions." Tannenbaum currently lives in Sydney, while Rees is in Switzerland. Leigh told the Star that he could not comment "at this stage".

According to the Financial Mail, victims of the scheme included former Pick n Pay CEO Sean Summers. "Summers is fortunate in that, while he is believed to have put more than R20-million into the scheme, he hasn't lost everything," the publication said. Other victims included Allan Rock, a professional tennis coach, accountant Howard Lowenthal and broker Wayne Gadden, the Financial Mail said. Uraj Tewary, a call centre administrator, was also a victim. He took his wife's pension money and any money that his family could get, and put it into the scheme. "The problem is that my wife is due to have a baby any day now and I don't even have money to pay the doctor," Tewary told the Financial Mail.

The website describes a Ponzi scheme as a fraudulent investment operation that pays returns to investors from their own money or money paid by subsequent investors rather than from any actual profit earned. It usually offers returns that other investments cannot guarantee in order to entice new investors, in the form of short-term returns that are either abnormally high or unusually consistent.

The perpetuation of the returns that a Ponzi scheme advertises and pays requires an ever-increasing flow of money from investors in order to keep the scheme going. The system is destined to collapse because the earnings, if any, are less than the payments. The scheme is named after Charles Ponzi, who became notorious for using the technique after emigrating from Italy to the United States in 1903.

Source: Mail & Guardian

Wednesday, June 10, 2009

Breakthrough in ANC attacks

Four people were arrested on Wednesday in connection with this week's killing of an ANC member in Nongoma, KwaZulu-Natal. "Nongoma SAPS members made a breakthrough by arresting four suspects at Dlabe area in Nongoma," said police spokesperson Director Phindile Radebe in a statement.

Police confiscated a shotgun, a rifle and three 9mm pistols with live rounds. "The suspects are aged between 18 and 21 and have been are charged with murder, two counts of attempted murder and possession of unlicensed firearms and ammunition."

On Tuesday morning around 1am ANC member, Ntombi Busisiwe Simelane, 59, a teacher at Nhlanhlayethu High School, was shot and killed in her home.Another party member, Bafanyana Seme, 44, was shot in the leg during the attacks on two homesteads. An attack on a third homestead was foiled when a resident confronted the gunmen as they tried to enter a room. They ran away, shooting as they did so. Nobody was hurt.

The firearms would be sent for ballistic testing.

Source: IoL

Govt, unions reach social services agreement

The Social Development Department and unions have agreed to implement the occupation specific dispensation (OSD), backdated to April 1 2008. An agreement was signed to put the OSD into effect for all social service professions and occupations on June 4, read a joint statement by labour and the government issued on Wednesday. "We congratulate all role players and thank the negotiators for their tireless efforts in reaching this historic agreement," Social Development Minister Edna Molewa said in the statement.

The agreement was applicable to social workers, probation officers and assistant probation officers, community development practitioners and child and youth care workers. "We trust that the agreement will be implemented fully and correctly," said labour chairperson at the Public Service Coordinating Bargaining Council and Congress of South African Trade Unions (Cosatu) president Sdumo Dlamini.

The OSD makes provision for a set of salary grades which allow for progression along a career path. It also recognises the experience of social service professionals.

Molewa said: "The implementation of this agreement will enable the sector to attract and retain the current skills force within the public service. It will also bring about uniformity in the remuneration of professionals. "... we will ensure that this agreement is implemented correctly without any further delays." This would happen in July.

Meanwhile, other government departments and unions were meeting to discuss the same issue at the public service's bargaining council on Wednesday. Cosatu spokesperson Sifiso Dlamini said the meeting started at 1pm. The OSD was agreed upon in September 2007 following a crippling public workers' strike, but had not yet been implemented. This had resulted in an outcry by unions such as the Police and Prisons Civil Rights Union (Popcru) and Cosatu. Both Popcru and Cosatu have threatened strikes. Public sector doctors recently embarked on a strike over the OSD.

Dlamini said between two and four negotiators from Cosatu as well as other trade unions would be represented at the meeting. He could not immediately be reached for further comment.

Source: Mail & Guardian

Tuesday, June 9, 2009

Judge may have been killed

The police are investigating the possibility that Western Cape High Court Acting Judge Patrick Maqubela was murdered, a spokesperson said on Tuesday. "The inquest investigation into the death of Acting Judge Patrick Maqubela has been altered to a murder investigation as a preliminary post-mortem could not determine the exact cause of death," said Superintendent Andre Traut. "A thorough investigation by Sea Point police revealed information and evidence which suggested that the angle of our investigations is directed to the possibility of a crime, and therefore the case docket has been changed to a murder investigation."

Traut said Maqubela's body was discovered at his Sea Point home at around 16:00 on Sunday after he failed to answer calls from concerned colleagues and family members. "He was found by security personnel of his residential complex lying in bed under circumstances which have appeared that foul play was not a factor."

An initial diagnosis by a state pathologist on the scene suggested that he had suffered a "severe heart attack" on Friday, said Traut. "On Monday, a post-mortem was conducted which could not accurately determine the cause of death, as the procedure was hampered by the state of decomposition of the body and organs. The result of further post-mortem tests is now awaited, to shed light on the circumstances surrounding the death of Maqubela," said Traut.

Further police investigations of the scene of his death revealed the possibility of criminal activity. "As yet, no suspects have been identified or arrested," said Traut. Maqubela was hearing the City of Cape Town's application to evict refugees from the Bluewaters camp near Muizenberg, set up last year after the outbreak of xenophobic violence.

Source: News 24

Monday, June 8, 2009

NHI will cost R100bn more

In a speech on Friday, Finance Minister Pravin Gordhan made no reference to the proposal, but mentioned that a task team has been set up at the National Treasury to "explore models for broadening public-private partnerships in the health sector".

A national health insurance scheme could cost the taxpayer an additional R100 billion a year in taxes - an amount equal to about 9 percent of general household spending.

Source: IoL

Thursday, June 4, 2009

Digging for mining licences

Coal-mining companies with black empowerment partners who have friends in high places are posing a growing threat to some of South Africa’s most sensitive environmental areas. The companies are seeking to cash in on South Africa’s coal resources, mainly in Mpumalanga, by supplying cheap coal to Eskom.

Coal-mining companies with black empowerment partners who have friends in high places are posing a growing threat to some of South Africa's most sensitive environmental areas. The companies are seeking to cash in on South Africa's coal resources, mainly in Mpumalanga, by supplying cheap coal to Eskom.

o The empowerment partners of Coal of Africa, which is prospecting near heritage and national park site Mapungubwe, include new Minister of Human Settlements Tokyo Sexwale's Mvelaphanda group.

o The sister of the former trade minister Mandisi Mpahlwa, (who is President Jacob Zuma's financial adviser) Mandlakazi Mandaka, is the BEE partner of Delta Mining Company, which has been handed a permit to prospect in Wakkerstroom. Concerns have been voiced about the impact of mining on the area's important wetlands.

o In Dullstroom ANC funding vehicle Chancellor House has applied for a prospecting licence amid allegations that it is riding roughshod over local stakeholders.

o In Belfast farmers have mounted a court challenge to Exxaro, Africa's largest black-controlled diversified mining company and the biggest supplier of coal to Eskom.

The applications have pitted environmental groups such as the Escarpment Environmental Protection Group and the Mpumalanga Lakes District Protection Group (LPDG) against mining groups and have turned farmers into green activists. The activists are pointing fingers at the department of minerals and energy for favouring companies with political connections. The department has denied looking at the ownership of companies in awarding permits, except to check their BEE credentials. Many government officials, former officials and their families have decided to seek their fortune in mining through BEE deals in the coal industry.

They include Science and Technology Minister Naledi Pandor's husband, Sharif Pandor; former director general of trade and industry Alistair Ruiters and former minister of minerals and energy Penuell Maduna. Brigette Radebe, the wife of Justice Minister Jeff Radebe and sister of mining billionaire Patrice Motsepe, is the driving force behind Mmakau Mining, which has entered a joint venture with Total Coal SA.

The department's mineral regulation deputy director general, Jacinto Rocha, said his department would not punish anyone for having political connections. "There is no prohibition on family members [of officials] of the department or elsewhere in government getting mineral rights," he said. The fact that former political leaders had received permits was a mere coincidence. We look at compliance when we issue licences," he said. "We don't look at who is there."

Environmentalists also question Zuma's decision to move Buyelwa Sonjica from minerals and energy to environment, seeing it as a sign that BEE coal-mining interests now trump environmental concerns. Rocha strongly denied this. He said activists sometimes became very "emotional" and did not consider all the facts. "We don't issue licences on emotion, we issue them on the basis of law," he said. "After having followed the process, it does not make a department official happy or sad. It is just a yes or a no, after the process was followed to the letter. "We all have children. No one in the department says 'to hell with the environment'," he said.

Rocha said the department received 622 prospecting applications last year, of which 62 were granted and 125 denied. The others are still being processed. He named an application by an unnamed mining house in amphibian haven Chrissiesmeer, also on the Mpumalanga escarpment, as an example of an application refused on environmental grounds. The applications show that many mining companies now have the Waterberg in their sights. The Waterberg coalfield, around Lephalale in Limpopo, has 50% of South Africa's remaining coal reserves and hosts South Africa's latest power station, Medupi.

The area is home to the Waterberg biosphere, Marakele National Park and many private reserves.

Only Exxaro's Grootgeluk colliery operates in the area. But Exxaro Resources chief executive Sipho Nkosi said the Waterberg has sufficient coal to feed eight power stations and the company could be mining there for the next 200 years. Several mining houses, including BEE company Sekoko Coal, are investigating the feasibility of an open-cast coal mine in the Lephalale area and several have applied to the government for prospecting licences. Companies seeking prospecting licences must submit environmental management plans, which involve consultation with the owners or lawful occupiers of the land in question. In many cases, however, landowners and interested parties dispute that there has been adequate consultation. The department must also submit applications to the water affairs and environmental affairs departments. In many sensitive cases these claim they did not see licence applications or, as in the case of Mapungubwe learned of them only at the last minute. The law provides that sister departments have 60 days in which to react to environmental management plans. "If there is no response, we take it that the department has nothing to say," said Rocha. "You can't blame us if someone in another department doesn't do their job."

Coal of Africa (CoAL), the driver of a controversial proposed mining venture near world heritage site Mapungubwe, has powerful allies. Its BEE partner is the Mvelaphanda group, headed by Tokyo Sexwale before he was appointed to Cabinet. Mvelaphanda owns a stake in CoAL through African Global Capital (AGC), which owns a 26% stake. But the connections do not end there. Former intelligence director general Vusi Mavimbela is the executive director of Mvelaphanda responsible for business strategy and African expansion. This week Mavimbela was tipped to become the director general in President Jacob Zuma's office.

CoAL's mining application has sparked a public outcry, with South African National Parks and even the former minister of environmental affairs, Marthinus van Schalkwyk, speaking out against the proposed mining. But CoAL's chief operating officer, Riaan van der Merwe, said the park and the mine could coexist. "We know there is a lot of emotion around coal mining, particularly considering the scars left by mines in the Witbank area," he said. "But mining methods have changed drastically." He said CoAL took its environmental responsibilities seriously and intended managing the mine in line with the vision of the proposed Transfrontier Conservancy Area. Among the measures planned at the mine were the use of strobe lighting when reversing trucks, rather than a warning beep. High-noise activities such as blasting will also be restricted to between 8am and 4pm. He said the mine was far enough from Mapungubwe not to disturb the park. All baobab trees uprooted as part of mining operations would be lifted and replanted.

CoAL has 74% ownership of the project, with the remaining 26% held by several BEE groups, according to Van der Merwe. He would not disclose their identity.

Environmental groups regard the Delta Mining Corporation's (DMC) exploration for torbanite and coal in the Wakkerstroom region as the gravest threat this environmentally sensitive area has faced. The groups, including World Wildlife Fund South Africa, the Botanical Society and Birdlife South Africa, have objected to the granting of prospecting rights in more than 20 000ha of pristine grassland and wetland. They and local farmers have joined forces against Delta in two high court applications for the prospecting rights to be revoked.

Central to their case is the weak environmental management plan, which the Mail & Guardian has seen. The report turns a blind eye to the pristine state of the area and to its biodiversity, including rare birds such as wattled cranes and other red data species.

Investigative programme 50/50 revealed that the sister of former minister of trade and industry (Mandisi Mpahlwa, who is Jacob Zuma's financial adviser), Mandlakazi Madaka, is the BEE partner in DMC's venture in Wakkerstroom. "We are aware of reports of who our BEE partners are, though we are not aware of any concerns, certainly we have none," said Delta chairperson Bernard Swanepoel. He said Delta Mining was a private company whose shares were mainly held by its chief executive and founder, Heine van Niekerk. An investment company in which Swanepoel is a director, To The Point Growth Specialists, owns 30% and the rest is held by the management team, he said. Swanepoel denied allegations that the environmental management plan used to secure prospecting rights in Wakkerstroom was fatally flawed. "We outsourced two scoping studies to two separate independent competent persons," he said. "We are confident that the process we ran was thorough and professional. Although some areas were identified as sensitive, none were identified as irreplaceable and our exploration process will ensure that sensitive areas are left undisturbed," he said. Swanepoel said the DMC property is not adjacent to or in the wetlands. "Our property is about 20km away and about 200m lower than (or downstream of) the wetlands in the area," he said. "About two-thirds of our prospecting area is old or current mealie fields. Consequently our property and the land we plan to explore will allow for coal extraction that should in no way affect the wetlands."

Source: Mail & Guardian

Monday, June 1, 2009

South Africa: 36 Illegal Miners Die

An underground fire in an abandoned shaft has apparently killed 36 people who were illegally mining, the Harmony Gold Mining Company said Monday. The company said the bodies were brought to the surface by other illegal miners over the weekend at the Eland shaft in central South Africa. In a statement, the company said that it was unclear if other illegal miners had died and that it would not send its own workers in to search, because “the abandoned mining areas where the criminal miners have been active are extremely dangerous.”

Source: New York Times

International Covenant on Economic, Social and Cultural Rights

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

(a) Primary education shall be compulsory and available free to all;

(b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;

(e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.

3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.

4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph I of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

UN resolution 2200A (XXI) of 16 December 1966