Monday, August 31, 2009

SA Confident of Congo's SADC Chairmanship

South Africa is confident of the hand over of the chairmanship of the Southern African Development Community (SADC) to the Democratic Republic of the Congo (DRC). SADC's current Vice Chairman Joseph Kabila and President of the DRC will take over the chairmanship when the regional bloc meets on 7 an 8 September in Kinshasa.

Director General in the Department of International Relations and Cooperation, Dr Ayanda Ntsaluba, said there had been fears that President Kabila would not be "tough" on issues such as Zimbabwe. He said SADC is very clear about its policies on Zimbabwe. "A roadmap is already there, so it a matter of implementation and addressing the challenges. Even when we face difficulties among ourselves, the culture of SADC is to discuss and chart a way forward. This will nit change with the DRC taking over," said Dr Ntsaluba.

He added that South Africa would continue, as the outgoing chair, to work closely with the DRC and lend its support. "The DRC have there own domestic challenges, however, sometimes responsibility is what it takes to strengthen a country," said Dr Ntsaluba He reiterated that there were clear signs that Zimbabwe was on the road to recovery. However, the challenge "we now face is to ensure that the country's recovery is completed in the shortest space of time". He said while there were still challenges, a number of successes had also been recorded. There has also been progress in the country's social economic, humanitarian situation.

As part of efforts to encourage the implementation of the government of unity, South African President, Jacob Zuma, met with Zimbabwe's leadership last week. The parties agreed on the need to speed up implementation and to find solutions to the current points of disagreement. "An important factor is that there was commitment among all parties, which will make the movement forward possible," said Dr Ntsaluba.

Source: All Africa

Southern African Leaders Should Urge End to Politically Motivated Abuses

Southern African leaders should press Zimbabwe's power-sharing government to end ongoing human rights violations and to implement legal reforms, Human Rights Watch said in a report released today. Heads of state from members of the Southern African Development Community (SADC) are holding a summit meeting in Kinshasa, Democratic Republic of Congo, on September 7 and 8, 2009.

The 20-page report, "False Dawn: The Zimbabwe Power-Sharing Government's Failure to Deliver Human Rights Improvements," highlights the transitional government's lack of progress in rights reforms in the six months since it was created. The former ruling party, Zimbabwe Africa National Union - Patriotic Front (ZANU-PF), has demonstrated a lack of political will to effect change and wields more power than the Movement for Democratic Change (MDC), the former opposition party and now a partner in government. Police, state prosecutors, and court officials aligned to ZANU-PF conduct politically motivated prosecutions of MDC legislators and activists, and fail to ensure justice for victims of abuses or to hold perpetrators of human rights violations to account.

"Southern African leaders should stop looking at Zimbabwe through rose-colored glasses," said Georgette Gagnon, Africa director at Human Rights Watch. "The region's leaders need to press Zimbabwe openly and publicly for human rights reforms to prevent the country from backsliding into state-sponsored violence and chaos."

At the summit meeting, heads of state are expected to assess Zimbabwe's compliance with a number of rulings by the SADC Tribunal on illegal land seizures in Zimbabwe. President Jacob Zuma of South Africa, the organization's current chairman, is also expected to brief leaders on the progress made by Zimbabwe's power-sharing government, which has been in place since February. The government was created by a SADC-brokered September 2008 agreement, which followed a period when ZANU-PF and its allies unleashed a campaign of violence to prevent an MDC electoral win.

In its new report, Human Rights Watch urged Southern African leaders to extract concrete commitments on human rights from the government of Zimbabwe and to tie them to specific benchmarks for progress within a clear time frame. The summit meeting's participants were also urged to raise concerns about Zimbabwe's failure to enact basic institutional and legislative reforms that would guarantee the rule of law as well as fundamental rights for Zimbabweans.

"SADC leaders should stand with the people of Zimbabwe by calling for urgent reforms to address the country's political and human rights crisis," said Gagnon. "Without these necessary changes, Zimbabwe's inclusive government will continue to be built on sand."

Human Rights Watch

Dlamini-Zuma weeps over ID suicide

A senior home affairs delegation has been sent to Pinetown to investigate the circumstances at its regional offices that apparently led a 22-year-old to commit suicide last week. Home Affairs Minister Nkosazana Dlamini-Zuma said on Sunday she would "leave no stone unturned" to find the official whose lack of co-operation allegedly led Douglas Skhumbuso Mhlongo to take his own life.

Mhlongo's suicide note to his family said that he killed himself in despair after a home affairs official tore up his ID application papers. He had needed an ID to take up a job. The Sunday Tribune reported that Dlamini-Zuma cried on hearing about Mhlongo and hinted that the official might have been angling for a bribe.Mhlongo was the second KZN person to commit suicide after having problems getting an ID document.

In June 2007, a KwaMashu woman, Bongekile Mkhize, 24, committed suicide after her hopes of enrolling as a nurse were thwarted. Repeated attempts to get her ID document had failed, apparently because she had supplied an incomplete home address. Other dissatisfied clients have adopted various methods to get the attention of home affairs officials.

In December 2005, after a two-year wait for his ID, Kabelo Thibedi, 21, snapped and held a Johannesburg home affairs official hostage for over five hours with a toy gun, demanding the document.In March 2008, Howick businessman Francois Davel was thrown out of a Pietermaritzburg home affairs office for conducting an impromptu survey of the service while waiting in a queue. Davel decried the quality of service after an extensive wait for his son's ID.

Dlamini-Zuma on Sunday announced a hotline number where people could complaint. The hotline number is 080 020 4476. Complaints can also be registered at 080 060 1190.

Source: IoL

Sunday, August 30, 2009

Hope in South Africa

For years, South Africa was an international laughing stock for its tragically absurd approach to the deadly AIDS epidemic. Now, that national nightmare may be ending. The new government of President Jacob Zuma seems to have a clearer-eyed view of the problem, its remedies and the need to improve the overall health care system than its predecessor did. Fixing what’s broken will not be easy, but we are encouraged by signs of a commitment to do so. To see how far South African leaders have come, one needs to recall where the country was.

The former president, Thabo Mbeki, compiled a record that is still hard to fathom: he embraced crackpot theories that disputed the demonstrable fact that AIDS was transmitted by a treatable virus. He insisted that antiretroviral drugs were toxic and encouraged useless herbal folk remedies instead. He even claimed he knew nobody with the disease, although nearly 20 percent of the adult population is said to be living with H.I.V. Thousands of Africans were needlessly sickened and died. And the most influential country in sub-Saharan Africa squandered the opportunity to contain the AIDS epidemic. Although it has less than 1 percent of the world’s population, South Africa now accounts for 17 percent of the world’s burden of H.I.V. infection.

A saner approach began to take shape last year after Mr. Mbeki was forced out of office and Barbara Hogan was named health minister. Last week, the new health minister, Dr. Aaron Motsoaledi, went further. He accepted a withering critique by South African scientists, who said the governing African National Congress party’s record on AIDS and health care was deeply flawed, and promised remedial action. “We do take responsibility for what has happened and responsibility for how we move forward,” Dr. Motsoaledi said in an article by The Times’s Celia Dugger.

South Africa’s leaders must espouse sensible, scientifically based advice about AIDS and put in place programs that seek to both treat and prevent the disease. That means expanding efforts to prevent mothers from infecting their babies, discouraging people from having multiple sex partners and offering circumcision to men, a relatively simple surgical procedure proved to have greatly reduced the risk of infection in South Africa. The problem is bigger than AIDS. Even though South Africa spends more on health than any other African country, tuberculosis is rampant and child mortality rates are rising. The government must work to improve the quality of health care, ensure that all South Africans have access to the system and fire incompetent staff. None of this will reverse the damage and deaths of Mr. Mbeki’s disastrous legacy, but it can offer the people of South Africa a better future.

Source: New York Times

Friday, August 28, 2009

Judicial Service Commission

Section 178 of the Constitution of South Africa: There is a Judicial Service Commission consisting of-

a. the Chief Justice, who presides at meetings of the Commission;
b. the President of the Supreme Court of Appeal;
c. one Judge President designated by the Judges President;
d. the Cabinet member responsible for the administration of justice, or an alternate designated by that Cabinet member;
e. two practising advocates nominated from within the advocates' profession to represent the profession as a whole, and appointed by the President;
f. two practising attorneys nominated from within the attorneys' profession to represent the profession as a whole, and appointed by the President;
g. one teacher of law designated by teachers of law at South African universities;
h. six persons designated by the National Assembly from among its members, at least three of whom must be members of opposition parties represented in the Assembly;
i. four permanent delegates to the National Council of Provinces designated together by the Council with a supporting vote of at least six provinces;
j. four persons designated by the President as head of the national executive, after consulting the leaders of all the parties in the National Assembly; and
k. when considering matters relating to a specific High Court, the Judge President of that Court and the Premier of the province concerned, or an alternate designated by each of them.

The Judicial Service Commission may determine its own procedure, but decisions of the Commission must be supported by a majority of its members.

Source: the Constitutional Court of South Africa

Removal of Judges

In terms of Section 177 of the Constitution of South Africa: A judge may be removed from office only if-

* the Judicial Service Commission finds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct; and
* the National Assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members.

The President must remove a judge from office upon adoption of a resolution calling for that judge to be removed.

The President, on the advice of the Judicial Service Commission, may suspend a judge who is the subject of a procedure by the Judicial Service Commission into whether the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct.

Source: the Constitutional Court of South Africa

The JSC ruling on Hlophe

The Judicial Service Commission complaints committee had decided not to proceed with the gross misconduct complaint against Cape Judge President John Hlophe. Weekend Argus understands the minority of four members of the committee insisted there were disputes of fact between Judge Hlophe and his accusers over his alleged misconduct - and that this could only be cleared up by a formal inquiry.

Speaking to Weekend Argus on Friday, Justice Langa said the Constitutional Court's justices would study the JSC decision before responding to it.

Now you can read the full text of the JSC's ruling here on IOL.

The executive summary can be found here and the minority view here.

Source: IoL

Wednesday, August 26, 2009

DIRECTOR GENERAL: DEPARTMENT OF COMMUNICATIONS

Ms Mamodupi Mohlala was appointed Director-General of the Department of Communications. This follows the ratification of her appointment by Cabinet on 26 August 2009.

A qualified Attorney, Ms Mohlala holds an MBA from the Telecommunications Academy in London, a Certificate in Telecommunications Regulation from the University of Florida, USA. In addition to her BA Law from the University of Swaziland, she also holds an LLB from the University of the Witwatersrand, an LLM from the same institution, and a Senior Executive Management Programme from the London Business School.

Prior to being appointed Communications Department Director-General, Ms Mohlala was the Chief Executive Officer, or Pension Fund Adjudicator, in the Office of the Pension Fund Adjudicator, a position she has held since 2007. As the Pension Fund Adjudicator, her key responsibilities included, among others, with and monitoring of the pension and retirement investment industry; the development and monitoring of the strategic direction of the organization; preparing and presenting quarterly reports to the Financial Services Board and the Minister of Finance; and monitoring and giving direction to the members of the Executive Committee of the organisation on human resource management, information technology, finance and general administration. She headed an independent tribunal tasked with resolving complaints in the pensions’ arena in an economical and expeditious manner.

Ms Mohlala’s achievements during her tenure at the Office of the Pension Fund Adjudicator includes the establishment and introduction of a conciliation process and the establishment and expansion of the executive constitution of the organization to include competencies in communication, finance, IT, human resources and internal audit.

Following the formation of ICASA to replace the old Independent Broadcasting Authority (IBA) in 2000, Ms Mohlala was appointed Councilor at the fledgling regulator in 2002, and served until 2007. Her key responsibilities at ICASA included regulatory and licensing activities in the Broadcasting and Telecommunications Sector as contemplated in terms of the ICASA Act. Her tenure there will be best remembered as chair of the following committees:

* Sentech license amendment process
* Wireless Business Solutions license amendment
* Telkom license amendment
* Swiftnet license amendment
* Mobile Telephone Network License amendment
* Vodacom License amendment
* Cell C license amendment
* And Second Network Operator license drafting committee

Her duties also included, among others, the interviewing and appointment of Chief Executive Officer; consideration and approval of Human Resource Management and Development policies (HRM&D); approval of the MTEF policy for ICASA; and interacting with various international delegations on study tours and fact finding missions to South Africa. Among others, these included delegations from China, Democratic Republic of Congo and Namibia.

Ms Mohlala has also served as Managing Director of Mohlala Attorneys Incorporated, was a Lecturer at the University of South Africa and at the Practical Legal School, as well as a Candidates Attorney at Deneys Reitz Attorneys, among others.

She joins the Department as its third Director-General and with a formidable reputation in the industry.

Source: Department of Communications

Tuesday, August 25, 2009

Constitutional Court to rule on prisoner pardons

The Constitutional Court will rule on Tuesday on whether 384 prisoners, some serving sentences for murder and robbery, are entitled to apply for political pardons. Inkatha Freedom Party (IFP) chief whip Koos van der Merwe said on Monday he hoped the matter would "finally be resolved" six years after applications for presidential pardon were made. "Most of them are in jail for serious crimes, such as murder and robbery -- allegedly political," Van der Merwe told Sapa. "Not all of them are IFP members. But the point is that in six years the department of justice has done nothing. Even if only five of the prisoners qualify for a pardon, then they will have languished in prison for nothing."

Van der Merwe said the Ministry of Justice had been incompetent and arrogant in dealing with the issue. It was an international scandal, he said. "The gross violation of the human rights of these prisoners reflects badly on South Africa as a whole. Government's deliberate lack of action is clearly a violation of the spirit of our Constitution and we are therefore confident that the court will rule in our favour tomorrow."

The prisoners first applied for pardons six years ago, but their applications were dismissed on "technical grounds". The IFP then took the issue to the South African Human Rights Commission (SAHRC) which ordered former justice minister Brigitte Mabandla to finalise the applications within three months. The IFP took Mabandla to court after she ignored the SAHRC ruling. "Subsequently, the IFP took the matter to the High Court of South Africa who also made a ruling against Mabandla ordering her to finalise the matter within three months," Van der Merwe said.

Mabandla then applied for leave to appeal to the Supreme Court of Appeal, which was granted. Five judges of the Supreme Court of Appeal unanimously rejected Mabandla's appeal. Mabandla then appealed to the Constitutional Court. The IFP laid a complaint against former president Thabo Mbeki and Mabandla with Amnesty International.

Van der Merwe said the IFP's lawyer had informed him that President Jacob Zuma had filed an affidavit on the case late on Monday. "They have had six years to do something about this, but they leave it until late in the final afternoon on the day before the case. It is remarkably incompetent."

Source: Mail & Guardian

Monday, August 24, 2009

Two held for execution-style killing of brothers

Police have made headway in their investigation of the double execution-style murder of two brothers in Bishop Lavis - arresting two alleged members of the infamous 28s prison gang. Bishop Lavis police spokesman Earl Coetzee said police received a tip-off, leading to the arrest of a 22-year-old man on Tuesday last week.

The alleged murderer appeared in the Bishop Lavis Magistrate's Court on Thursday and will appear again tomorrow. Coetzee said a second suspect "came in (to the police station) and gave himself up" about 1.30am on Thursday. The 31-year-old man will appear in court today. The Damon brothers, Ralph, 44, and Joshua, 32, were found on Monday night, with a single gunshot wound each to the right side of their heads.Their 38-year-old sister, Merle Grendeling, said the family believed gangs had targeted Ralph, as he was an "independent" tik dealer.

Source: IoL

Cape nurses found guilty of misconduct

Twenty-two Western Cape nurses have been found guilty of misconduct for offences including the sexual and physical abuse of patients and poor patient care in the past five years Of the 22 Western Cape nurses who were found guilty, eight were suspended, eight were removed from the register of nursing practitioners, one was fined and four were cautioned with a reprimand. One nurse was given extra training. In only one case in the province was there a ruling of not guilty.

Three cases were dropped because of lack of evidence and two cases were transferred to an admission-of-guilt fine. Three nurses were removed from the nurses' register for section 36 offences. This refers to cases in which a nurse has become physically or mentally disabled to an extent where it would not be in the public interest to allow the nurse to work, has become unfit to prescribe or supply a scheduled substance, has used or prescribed a scheduled substance for other than medicinal purposes and has become addicted to a scheduled substance. Most of the misconduct cases nationally were for offences related to poor nursing care. There were 31 cases nationally of nurses sexually abusing their patients.

Source: IoL

More arrested for selling police rifles

Two more men have been arrested and charged in connection with the sale of R-5 rifles from police safes - bringing the number to eight civilians and a police clerk.

Eight of the suspects appeared in court on Monday and are due to return on Tuesday as their lawyers scramble to arrange bail hearings. Monday's proceedings at the Alexandra Magistrate's Court were derailed when one of the defence lawyers failed to pitch up for the appearance.

Source: IoL

Minister to decide on Nofemela parole

The High Court in Pretoria on Monday gave Correctional Services Minister Nosiviwe Mapisa-Nqakula 10 days to decide whether Almond Nofemela should be released on parole, his lawyer said. "The minister must either say yes or no," said attorney Julian Knight who is representing Nofemela. The former apartheid era policeman was on death row when his expose of apartheid hit squads gave him a reprieve. However, he still had to serve a life sentence for the murder of Johannes Lourens on his farm near Brits.

In terms of section 136(3) of the Correctional Services Act, any person sentenced to life in prison before October 1, 2004, is entitled to be considered for parole after serving at least 20 years of the sentence. After 21 years behind bars, his case was submitted to the National Council of Correctional Services for consideration and parole was recommended. Earlier, the department said that the minister was considering the matter, but Knight said that Nofemela's attempt at parole has taken at least two years so far and that he just wanted an answer.

Source: IoL

Conflicts of interests: Collette Schulz-Herzenberg

ENDLESS media accounts of conflict -of-interest situations among public officials reveal two broad failures of SA’s integrity management system. First, in the unregulated grey zones numerous opportunities for unethical conduct remain. Second, where regulations do exist they are often ineffective.

The first trend is seen with great regularity in media reports, where conflicts of interest are confused or equated with actual corrupt or unethical behaviour. In reality, conflicts of interest should be understood as a situation, not an action. Public officials may find themselves in a conflict situation without behaving corruptly. In other words, a conflict of interest does not refer to actual wrongdoing, but rather to the potential to engage in wrongdoing. Responsible reporting is mindful of the differences between noncompliance on the one hand and a genuine conflict of interests on the other. Similarly, when a potential conflict arises and comes to the public’s attention, it is an encouraging sign that ethics mechanisms are working. After all, conflicts of interest are an inevitable consequence of the fact that people occupy more than one social role. Attention should rather focus on those individuals who knowingly decline to remove themselves from a dubious conflict situation.

The other trend is found among politicians, who tend to adopt a narrow interpretation of what constitutes conflicts of interest. There is general agreement that bribes, kickbacks and extortion all involve a conflict of interest. Yet, the abuse of influence, such as nepotism, favouritism and misuse of state or public property, also constitute a conflict of interest — but those who hold positions of power are less accepting of these aspects. The ensuing confusion continues to hold up regulatory efforts, and the fight against corruption in the public sector. Until we reach a broad consensus about what should constitute minimum standards of ethical conduct for public officials, a number of activities that are ethically dubious will remain legal.

While the media and journalists play a vital role in holding elected members accountable, they face the same “access to information” constraints as that of the public. There are large- scale differences across government institutions in the ability of citizens to access disclosure records. It seems that mandating public disclosure by law is no guarantee that the public can access this information. Often, requests for information are met with resistance. Even when access is granted, records are not always up to date. Secret disclosure does little for accountability and the detection of conflicts of interest. A far greater commitment on the part of the government to transparency and access is necessary if the credibility of the disclosure regime is to be enhanced.

Source: Business Day

Nzimande rejects claim economic cluster is not black enough

South African Communist Party secretary Blade Nzimande has hit back at ANC Youth League president Julius Malema for referring to some cabinet ministers as minorities and claiming they were “not black enough”. Nzimande told a media briefing yesterday that the SACP rejected comments that President Jacob Zuma’s finance cluster was not black enough.

Malema had charged that the Zuma government had seen an increase in the power of minorities (whites, Indians and coloureds) in economic portfolios such as Finance, Trade and Industry, Economic Development, Public Enterprises and National Planning. He said blacks dominated less influential posts in the security cluster, which included the ministries of Defence, Police, Home Affairs and Intelligence. Malema’s charge put the spotlight on Economic Development Minister Ebrahim Patel, Trade and Industry Minister Rob Davies, National Planning Minister Trevor Manuel, Finance Minister Pravin Gordhan, Public Enterprises Minister Barbara Hogan and the newly appointed Reserve Bank governor Gill Marcus.

Nzimande said the SACP central committee, which met at the weekend, “affirmed our party’s full confidence in and support for our comrades in the cabinet, including those in key economic portfolios”. He called on the ruling tripartite alliance, which includes the ANC and Cosatu, to root out “narrow African chauvinism” within their structures. “We are pleased to note the robust defence of the core non- racial principles of our movement by senior ANC leaders, and their forthright rejection of any opportunistic attempt to play an ethnic card. “While ugly white chauvinistic attitudes persist in many places, sometimes brazenly and sometimes subliminally, and should be fought at all times – a counter, narrow Africanist chauvinism simply reproduces and feeds its counterpart. “Such trends must be nipped in the bud as they have been throughout the history of the ANC.”

Last week the Youth League said it “reaffirms its position on the principle of African leadership, particularly on key economic cluster responsibilities”. “We have never said we doubt the capabilities of the incumbent leaders . “The principle we wish to reaffirm amid the misinterpretations is that African leadership should not be compromised when future appointments are made, as that could play into a racist perception that Africans are incapable to perform key economic roles in the government and corporate sector.”

Source: The Sowetan

Malawi's child tobacco pickers 'poisoned by nicotine'

Children in Malawi who are forced to work as tobacco pickers are exposed to nicotine poisoning equivalent to smoking 50 cigarettes a day, an investigation has found. Child labourers as young as five are suffering severe health problems from a daily skin absorption of up to 54mg of dissolved nicotine, according to the international children's organisation Plan.

Malawian tobacco is found in the blend of almost every cigarette smoked in the West. The low-grade, high-nicotine tobacco is often used as a filler by manufacturers, reflecting a long-term global shift in production. Tobacco farms in America declined by 89% between 1954 and 2002. Three-quarters of production has migrated to developing countries, with Malawi the world's fifth biggest producer. Seventy percent of its export income comes from tobacco and the country is economically dependent on it.

Plan cites research showing that Malawi has the highest incidence of child labour in Southern Africa, with 88,9% of five to 14-year-olds working in the agricultural sector. It is estimated that more than 78 000 children work on tobacco estates -- some up to 12 hours a day, many for less than 1p an hour and without protective clothing. Plan's researchers invited 44 children from tobacco farms in three districts to take part in a series of workshops. They revealed a catalogue of physical, sexual and emotional abuse and spoke about the need to work to support themselves and their families and pay school fees. The children reported common symptoms of green tobacco sickness (GTS), or nicotine poisoning, including severe headaches, abdominal pain, muscle weakness, coughing and breathlessness. "Sometimes it feels like you don't have enough breath, you don't have enough oxygen," one child said. "You reach a point where you cannot breathe because of the pain in your chest. Then the blood comes when you vomit. At the end, most of this dies and then you remain with a headache."

GTS is a common hazard of workers coming into contact with tobacco leaves and absorbing nicotine through their skin, particularly when harvesting. It is made worse by humid and wet conditions, which are prevalent in Malawi, as residual moisture on the leaves helps nicotine to be absorbed quicker. Everyday symptoms of GTS are more severe in children than adults as they have not built up a tolerance to nicotine through smoking and because of their physical size. There is a lack of research into the long-term effects of GTS in children, but experts believe that it could seriously impair their development. Neal Benowitz, professor of medicine, psychiatry and biopharmaceutical sciences at California University in San Francisco, said: "Numerous animal studies have shown that administration of nicotine during infancy and adolescence produces long-lasting changes in brain structure and function, as well as behavioural changes that are not seen when nicotine is administered to adults. "The brain of a child or adolescent is particularly vulnerable to adverse neurobehavioural effects of nicotine exposure."

Plan called on Malawi's government to enforce existing child labour and protection laws and on plantations to provide safer, fairer working conditions for those children forced to work. It demanded that multinational tobacco companies scrutinise their suppliers far more closely and follow their own corporate responsibility guidelines. Macdonald Mumba, Plan Malawi's child rights adviser, said: "This research shows that tobacco estates are exploiting and abusing children who have a right to a safe working environment. "Plan is calling for better enforcement of child labour laws and harsher punishment for employers who break them. These children are risking their health for 11p a day."

Source: Mail & Guardian

US Justice Dept advises pursuing CIA abuses

The US Justice Department has recommended reopening nearly a dozen prisoner-abuse cases, which could expose CIA employees and contractors to prosecution for their treatment of terrorism suspects, the New York Times said on Monday. The recommendation, reversing the Bush administration, came from the Justice Department's ethics office and has been presented to US Attorney General Eric Holder. The department is due to disclose later on Monday details of prisoner abuse that were gathered in 2004 by the CIA's inspector general but have never been released, according to the Times report, which cited an unnamed person officially briefed on matter.

When the CIA first referred its inspector general's findings, it decided that none of the cases merited prosecution. But when Holder took office and saw the allegations included deaths of people in custody and other cases of physical or mental torment, he reconsidered, the newspaper said. "With the release of the details on Monday and the formal advice that at least some cases be reopened, it now seems all but certain that the appointment of a prosecutor or other concrete steps will follow, posing significant new problems for the CIA," the paper said.

The recommendation to review the cases centres mainly on allegations of detainee abuse in Iraq and Afghanistan. In some examples of abuse that have just been publicized, the CIA report describes how its officers carried out mock executions and threatened at least one prisoner with a gun and a power drill -- possible violations of a federal torture statute. The Times quoted a CIA spokesperson, Paul Gimigliano, as saying that the Justice Department recommendation to open the closed cases had not been sent to the intelligence agency. "Decisions on whether or not to pursue action in court were made after careful consideration by career prosecutors at the Justice Department. The CIA itself brought these matters -- facts and allegations alike -- to the department's attention," he was quoted as saying. "There has never been any public explanation of why the Justice Department under President George W Bush decided not to bring charges in nearly two dozen abuse cases known to be referred to a team of federal prosecutors ... and in some instances not even details of the cases have been made public," the Times said.

Source: Mail & Guardian

Sunday, August 23, 2009

The Cape of heists

The incidence of cash-in-transit heists has increased dramatically in Cape Town, but police are still unable to provide statistics revealing the magnitude of the problem. Police sources have said they are concerned about the increase in heists -- which usually peak later in the year, around December -- in the past six months. "It was never like this before in Cape Town," one officer told the Mail & Guardian. "Cash-in-transit heists were few and far between. Now they are a regular occurrence and every Tom, Dick and Harry is doing one. We need answers."

Last week two cash-in-transit guards sustained severe head injuries when they were attacked by a gang which robbed them at Capricorn Park shopping centre near Muizenberg. The gang assaulted the three guards in the vehicle, according to police, stealing an "undisclosed amount". Two cash-delivery security guards, Gcinikhaya Mxatule (28) and Bhekuyise Dobo (35), appeared in court this week in connection with the heist. In June a security guard was killed in an attempted cash-in-transit heist in Du Noon and a security guard and a bystander were killed in another heist in Khayelitsha.

Western Cape police spokesperson Billy Jones conceded that there had been a "concerning number" of cash-in-transit incidents in Cape Town since the beginning of this year, especially in April and May. He declined to speculate on reasons for the increase, saying "detectives are still busy with their investigations, and some of them are very sensitive investigations". The minister of police Nathi Mthethwa's office has said the crime statistics will only be released next month. Meanwhile, police sources have spoken to the M&G about compelling evidence they have gathered about who might be behind the heists and their fury at what they see as inaction in their department. A few months ago a dossier was handed to Cape Town's crime war room, which coordinates information from police stations about cases and arrests made in connection with serious and violent crimes. Police sources told the M&G urgent action was required, as people were being seriously injured and killed in the cash-in-transit heists, and skilled operatives were carrying out the crimes.

Jackson Madzima, a researcher at the Institute for Security Studies in Cape Town, said there was some "indication that most, if not all, cash-in-transit heists are executed with a level of precision that would be possible only with potent inside information, as well as information on the possible deployment and location of police on patrol". He said "such information can come only from bank and security officials, as well as strategically informed law enforcement sources". Cash-in-transit perpetrators "exhibit the coordination and precision suggesting that they are well trained in combat", he said.

Source: Mail & Guardian

Saturday, August 22, 2009

CIA report has new details of prisoner abuse

CIA interrogators carried out mock executions and threatened an al-Qaeda commander with a gun and an electric drill, according to an internal report that provides new details of abuses inside's the agency's secret prisons, two leading US newspapers reported on Saturday.

The Central Intelligence Agency inspector general's report is due to be released on Monday, The New York Times and the Washington Post said on their websites, citing US officials familiar with the document. The tactics -- which one official described to the Post as as a threatened execution -- were used on Abd al-Rahim al-Nashiri by CIA jailers who held the handgun and drill close to the prisoner to frighten him into giving up information. Nashiri, who was captured in November 2002 and held for four years in one of the CIA's "black site" prisons, was one of three al-Qaeda chieftains later subjected to a form of simulated drowning known as waterboarding, the paper said.

The report, completed in 2004 by the inspector general, John Helgerson, also says that a mock execution was staged in a room next to one terrorism suspect. CIA officers fired a gun in the next room, leading the prisoner to believe that a second detainee had been killed, the Times said. Details of the report were first published by Newsweek magazine on its website late on Friday. A federal judge in New York has ordered a redacted version of the classified CIA report to be made public on Monday, in response to a lawsuit by the American Civil Liberties Union.

Lawyers for the Justice Department and the CIA have been scrutinising the long-concealed agency report since June to determine how much of it can be made public. Attorney General Eric Holder Jr. has been weighing the report's findings as part of a broader probe into the CIA's use of harsh interrogation methods. Nashiri, who was implicated in the bombing of the navy destroyer Cole in 2000, was one of two CIA detainees whose interrogation sessions were videotaped, but the tapes were destroyed by CIA officers in 2005, the Times said.

A federal prosecutor is now investigating the destruction of the CIA tapes, but the Justice Department has so far declined to open a formal investigation into the abuses in CIA prisons, the paper said. The CIA declined to comment on the specifics of the report, the Times said. "The CIA in no way endorsed behavior -- no matter how infrequent -- that went beyond the formal guidance. This has all been looked at; professionals in the Department of Justice decided if and when to pursue prosecution," CIA spokesperson Paul Gimigliano told the newspaper.

Source: Mail & Guardian

Criminals take it easy

The surge in Gauteng mall robberies suggests that crime syndicates vary their targets and their tactics according to risk -- and that fighting such crime must take these strategies into account. Organised crime syndicates often carry out their own "risk assessment", shifting location and type of crime when police crime-fighting efforts make one kind of crime, and particular areas, too risky, says Johan Burger, a researcher at the Institute of Security Studies.

Michael Broughton, the crime prevention director for the National Goods Council of South Africa (NGCSA), said this variation in criminal tactics is known as "displacement". "It's like water: crime moves to where it's easier," he said. At least three people have died in recent attacks on Gauteng malls. Eliminating opportunities for syndicates to hit shopping malls will be a key priority for owners, Broughton said. In recent years shopping malls have been targets for store robberies and cash-in-transit attacks, but syndicates have now taken to robbing mall patrons in restaurants and pubs.

Shopping-centre design and the use of technology are among the factors the NGCSA will be considering to prevent robberies.

Source: Mail & Guardian

Friday, August 21, 2009

Warders take inmate home to drink coffee

TWO prison warders have been accused of driving a convicted criminal to his home for coffee instead of taking him back to his cell after a court appearance. Christopher “Gielie” Willemse, who is doing time in Krugersdorp Prison for assault, had to testify in the Johannesburg magistrate’s court on Tuesday.

Andries Mpondo and Godfrey Ntshenkong handcuffed Willemse and took him to court from prison. But instead of returning him to prison the warders drove to Willemse’ s home in Claremont, west of Johannesburg. Once there, they allegedly allowed Willemse, who is also on trial facing murder and drug charges, to relax with his family while they drank coffee.

But none of them knew that South Africa’s top cop, Piet Byleveld, had tailed them from court. They got a rude awakening when Byleveld and his team invited themselves into the house. “We got a tip-off and decided to follow them from court. When we arrived at the house we found him relaxing with his family,” Byleveld said. “We arrested the two officers on the spot.”

The two appeared in the Johannesburg magistrate’s court yesterday on charges of defeating the ends of justice.

Source: The Sowetan

Zimbabwe: Zuma to Intervene in Crisis

South African President Jacob Zuma is expected in Zimbabwe next week to douse flames in the country's coalition government amid intensifying arrests of legislators from the former opposition Movement for Democratic Change.

Ten MPs from Prime Minister Morgan Tsvangirai's party were detained on Wednesday for allegedly causing disturbances at Finance Ministry offices. Several MDC legislators have been arrested over petty crimes in recent months, prompting Mr Tsvangirai to call for Mr Zuma's intervention to solve the problems that threaten to derail the seven month old unity government.

Mr Zuma is the current chairman of the Southern African Development Community (SADC), which along the African Union (AU) are guarantors of Zimbabwe's September 15 power sharing agreement.

Zimbabwe's crisis is also expected to dominate the SADC annual summit set for the Democratic of Congo early next month.

Source: All Africa

Cops try to block Mashobane coverage

A GROUP of policemen could find themselves in hot water after they entered a courtroom yesterday and tried to prevent reporters from sitting in a case involving suspected crime mastermind William “Mashobane” Mbatha. In the process the heavily armed policemen claimed they were acting on orders from the presiding magistrate as they pushed reporters out of the court in Germiston.

The policemen, from Germiston detective services led by a Superintendent J C Du Plessis, claimed they were acting on “ a ruling from the magistrate”. The group were earlier seen speaking in hushed voices and mumbling with Mbatha’s friends before the hearing. They are now in trouble after it turned out they made it all up to please the suspect.

Presiding magistrate Isabel Mlaba said their behaviour was “ridiculous”. “This is wrong. They can’t just use my name and claim I made such a ruling. This is an open court,” said Mlaba. Du Plessis had earlier told reporters: “The magistrate ruled that you are not allowed inside. ” But Mlaba denied this: “If I was not impressed with your presence I would have announced it in your presence. ”

Germiston police station commissioner director Johan Oosthuizen said he would investigate the incident.

Source: the Sowetan

Angola hails Zuma visit as start of new era in ties

Angola's president hailed a visit by his South African counterpart Jacob Zuma on Thursday as the start of a new era to improve the once strained relationship between South Africa and the continent's biggest oil producer.

Jose Eduardo dos Santos, closer to Zuma than to former South African president Thabo Mbeki, said Angola needed more qualified labour from South Africa, which in turn could help rebuild infrastructure destroyed by Angola's 27-year civil war that ended in 2002 and tap into its oil and mining industry. "We want to create a strategic partnership between our two countries," Dos Santos said in a speech to his government and 11 South African ministers as he sat next to Zuma.

Zuma arrived in Angola for his two-day trip late on Wednesday, with a delegation of more than 150 South African businessmen. Pretoria billed the trip as the biggest business delegation to take part in a state visit abroad since the end of apartheid in South Africa in 1994. "We believe we have not yet tapped into the real potential of bilateral relations between the two countries in all spheres, economic, social and political," Zuma said.

The two countries signed six accords ranging from trade to aviation. Both leaders, who met privately after their speeches, said they would also discuss ways to bolster cooperation and peacekeeping efforts in Africa through the Southern African Development Community (SADC). "We are ready to create a renewed dynamic between Angola and South Africa that ... will allow the SADC to become an engine of development for our sub-region and also for the rest of Africa," said Dos Santos.

Zuma said Angola and South Africa, which have two of the biggest military forces in Africa, would discuss peacekeeping efforts in the Democratic Republic of the Congo and assess progress in the Zimbabwean unity government.

Source: Mail & Guardian

More than a million unsolved crimes in SA

More than a million of the two million criminal cases reported annually in South Africa are never solved, the Mercury reported on Thursday. "The cases seem to get lost somewhere -- they fall through the cracks. We have to ensure cases are not filtered out," said Willie Scholtz, head of the South African Criminal Justice System working group. Scholtz was speaking at an event hosted by the University of Cape Town Graduate School of Business on Wednesday.

Scholtz blamed inadequate collection of evidence at crime scenes, insufficient investigation of crimes, trials that ran for an extremely long time, and ineffective court processes for the country's 10,3% conviction rate in criminal cases. Prosecutors and Legal Aid Board attorneys also played a role by "endlessly delaying cases".

Scholtz heads up a team that assisted with a review of the criminal justice system.

Source: Mail & Guardian

Wednesday, August 19, 2009

Several arrested after officer attacked

Three men believed to have been involved in the assault of an off-duty police officer during a protest were arrested in Khayelitsha, Cape Town police said on Wednesday.

The first man was arrested at the Khayelitsha police station on Tuesday afternoon while laying a complaint, said Captain Anneke van der Vyver. Police followed up on information and arrested two other men in the early hours of Wednesday. The three were believed to have beaten up and injured an off-duty police officer during a service delivery protest on Sunday.

Source: IoL

Prisoner kills himself in KZN court cell

A convicted murderer hung himself in a Ramsgate High Court holding cell on Wednesday shortly after receiving a double life sentence, KwaZulu-Natal police said.

Musa Goodman Shabane (32) was found hanging from the ceiling at 11.15am, Captain Vincent Pandarum said.

"He is believed to have committed suicide. He was alone in the cell and no foul play is suspected."

Source: Mail & Guardian

One dies on crowded Cape strike trains

One person died and four were injured when they fell from packed Cape Town passenger trains on Wednesday, Metrorail said.

The accidents came as train drivers continued their nationwide strike, leading to cutbacks in the number of trains running.

Metrorail Western Cape spokesperson Riana Scott said the five fell from "overfull" trains on the Cape Flats.

Source: IoL

Arrested for attempting to bribe cop over murder docket

A MAN has been arrested for attempting to bribe a police officer with R4000 in exchange for a case docket.

Police said the man was involved in the murder of Morgan Rietgard, who was beaten to death on November 14 last year in Rabie Ridge, Midrand. “Yesterday a man in his 40s contacted the investigating officer. He said he wanted to buy the case docket from him for R4000. The detective commander and his team pounced seconds after the money and case docket exchanged hands. The man was arrested on a charge of corruption,” said police spokesperson Superintendent Eugene Opperman.

He said follow-up investigations by the Ivory Park police station in Thembisa, Ekurhuleni, led to the arrest of another person.

Source: The Sowetan

Zuma engages opposition on chief justice

President Jacob Zuma on Wednesday assured opposition political parties he will take their views into account in deciding on the appointment of a new chief justice.

"Please rest assured that I have not appointed a new chief justice, nor have I taken a final decision on whom to appoint as the new chief justice," he wrote in response to a letter sent to him on August 10 by the Democratic Alliance (DA), the Congress of the People and the Independent Democrats (ID). "In making my final decision, I will of course take into account any views the leaders of political parties may express about him," Zuma wrote. In his letter on Wednesday, Zuma pointed out that in his address to the press club he said the nomination of Ngcobo was "subject to advice from the [JSC] and leaders of political parties represented in the National Assembly".

"The use of the word 'appoint' in response to a question from the media present was inadvertent and does not change the fact that I had decided merely to nominate Justice Ngcobo to this position," Zuma explained. "It is common cause that you first nominate, and then open the consultative process." Zuma wrote that the Constitution did not preclude the president from proposing a name and that, in the past, the president had asked opposition parties for their views on a name.

After the announcement, opposition parties questioned why it had not been given to Deputy Chief Justice Dikgang Moseneke, who they considered the most suitable candidate.

Source: Mail & Guardian

Appointment of judicial officers

In terms of Section 176 (3) of the Constitution of South Africa: "The President as head of the national executive, after consulting the Judicial Service Commission and the leader of parties represented in the National Assembly, appoints the Chief Justice and the Deputy Chief Justice and, after consulting the Judicial Service Commission, appoints the President and Deputy President of the Supreme Court of Appeal."
[Sub-s. (3) substituted by s. 13 of the Constitution Sixth Amendment Act of 2001.]

A CV of Deputy Chief Justice Dikgang Moseneke can be found here.

A CV of Justice Sandile Ngcobo can be found here.

Source: the Constitutional Court of South Africa

Tuesday, August 18, 2009

Opposition backs Moseneke for chief justice

Three opposition parties on Tuesday urged President Jacob Zuma to reconsider his nomination for chief justice and give the job to Deputy Chief Justice Dikgang Moseneke.

In a joint statement, the Democratic Alliance, the Congress of the People and the Independent Democrats said Moseneke was "a more suitable candidate" and a "wise and humble jurist" with a fierce commitment to the independence of the judiciary.

They said Moseneke had effectively been an understudy for the post for the past four years. "He has worked closely with Chief Justice Pius Langa, gaining even deeper experience in relation to the Constitution that Moseneke himself was involved in drafting. Justice Moseneke has been groomed for the position of chief justice for four years and has all the experience required for it. He is a judge of impeccable standing, and has a proven track record of fierce commitment to judicial independence."

Source: Mail & Guardian

Killer loses bid to be policeman again

The Constitutional Court on Tuesday dismissed a bid by former apartheid policeman Wybrand du Toit to get his job back. "The appeal must be dismissed," said Chief Justice Pius Langa, handing down a unanimous judgment. Du Toit was convicted on four charges of murder for the deaths of the so-called Motherwell Four - three black security policemen and an "askari" (police informer) whose car was blown up in December 1989.

He was sentenced to 15 years in jail in June 1996 and lost his job as a policeman. But he was granted amnesty along with three other former security policemen in terms of the Amnesty Act. Before the amnesty, the national commissioner, Jackie Selebi, indicated that Du Toit would be reinstated should he be granted amnesty. But the SCA in Bloemfontein dismissed his bid to be reinstated in his job, arguing that an undertaking by the national commissioner did not amount to a binding agreement.

Du Toit, who used to serve as a director and the national commanding officer for technical support services for the apartheid era police, turned to the Constitutional Court after he lost his SCA bid last September.

Source: IoL

South Africa: Stronger Political, Business Ties on Agenda in Angola

PRESIDENT Jacob Zuma 's first state visit to Angola on Thursday ushers in a new era of relations -- not only between the two countries -- but also between Zuma and Angola's President Eduardo Dos Santos. The ruling MPLA in Angola and the African National Congress enjoyed historical relations as fraternal liberation movements. These deteriorated under former president Thabo Mbeki. It is hoped that Zuma's tenure will change this.

Angola has come under scrutiny over corruption, good governance and multiparty democracy, issues South African officials were at pains to say would not be ignored by the Zuma government in its dealings with Angola. The state visit, which will see an unprecedented number of business people accompany Zuma's large Cabinet entourage, signals new opportunities for South African business in areas such as gas, oil, gold and diamonds. Zuma will be supported by a bevy of ministers, including International Relations Minister Maite Nkoana-Mashabane, Finance Minister Pravin Gordhan, Public Enterprises Minister Barbara Hogan, Trade and Industry Minister Rob Davies , Minerals Minister Susan Shabangu and Energy Minister Dipuo Peters.

The government is billing the visit as "the largest business delegation to take part in a state visit since 1994". It is expected a business conference will be hosted on the sidelines of the visit.n 2007 SA's exports to Angola amounted to R6bn while Angolan exports amounted to R12bn. Almost 90% of Angolan exports to SA in 2007 were petroleum related products, the Department of International Relations said.

Lindiwe Zulu, special adviser on international and foreign relations in the Presidency, told Business Day the binational commission between the two countries would be conducted at "head of state level" another indication that Angolan relations will be increased considerably during Zuma's tenure. "Relations should have been at this level from the very beginning. The two presidents will chair the sessions and South African and Angolan ministers will have one on one meetings concluding various memoranda of understanding," Zulu said. "You must remember that Angola also has important relations with Brazil and so do we. SA might want to look at trilateral agreements involving all three countries," Zulu said.

Source: AllAfrica

'Spot fine' for red light ends in shooting

Two North West police officers face charges of attempted murder, theft and hijacking after allegedly trying to force a Brits man to pay a spot fine. Christiaan Wynand Rudolf Nel was pulled over by two officers in a police vehicle on Monday at 3am, supposedly for ignoring a red traffic light on the Brits main road, North West Superintendent Junior Metsi said on Tuesday. "An argument ensued about alleged speeding and the two officers issued a spot fine of R2 000."

Nel called his girlfriend and arranged to meet her at a nearby fuel station where the money would be drawn."The girl asked her father for help, who enlisted a security company's assistance. The money was drawn and given to Nel, upon which the police officers and Nel drove off, one of the officers driving Nel's car." The security vehicle followed them to a spot where Nel handed R1 000 to the police officers."It seems that one of the officers spotted the security surveillance, panicked and drove off in the police vehicle. Nel ran towards the security guards and several shots were fired. The second police officer then fled in Nel's car." The car was found abandoned in the Brits area later on Monday.

A criminal and internal investigation was under way and the matter had been referred to a senior public prosecutor for a decision on how to proceed. "Nobody is above the law and the North West police will do everything in its power to root out all corruption within and outside the police service. We do not hesitate to arrest even our own members if they commit a crime," said Metsi.

The province's Public Safety MEC Howard Yawa said he viewed the allegations in a serious light and had ordered that the internal investigation be expedited for completion within the next 14 days. "There is no room for corrupt elements who compromise the integrity of the police service," he said in a statement. "The investigation will need to get to the bottom of why the motorist was not arrested, if indeed he had committed a traffic violation and couldn't also produce a driver's licence, why the alleged financial transactions had to be conducted between the motorist and the said policemen, and what led to the alleged shooting, flight of the policemen from the scene and subsequent abandonment of the motorist's car."

Source: IoL

Noting the Achievements and Challenges of Women in South Africa

South Africa is currently celebrating women’s month. On the 9th of August 1956, women marched to the Union Buildings to protest against carrying ‘passes’ and the oppressive laws that prevailed under the apartheid order. The journey of women in their quest for freedom and equality, since then, has been long and the rights enshrined in our constitution, hard won.

Despite many persistent challenges, South Africa has made great strides in implementing its gender mainstreaming policies and programmes. A new Ministry of Women, Children and People with Disability has been created to consolidate government’s activities to promote the development of women. The representation of women in decision-making structures, a key priority area long identified by women for furthering gender equality, is taken seriously. In this regard, we have seen the representation of women in parliament increase from 33% to 45% after the national democratic election of April 2009.

Source: Institute for Security Studies

Work for all - Zuma launches rural jobs project in Muyexe

PRESIDENT Jacob Zuma yesterday formally launched the National Comprehensive Rural Development Programme in Muyexe village in Giyani, near Thohoyandou. The programme is a joint venture of the government and private sector aimed at fighting poverty, hunger, unemployment, and a lack of development in rural areas. About 21 projects were identified by the community, with the help of the Mopani district municipality, to benefit local people.

Earlier this year the government pledged more than R2,6billion to improve the lives of rural people through the programme. The money will be used for infrastructure such as upgrading and reinforcing the full service of agricultural colleges, training, advisory services and marketing. Addressing more than 9000 villagers Zuma said the launch of the programme would ensure that at least one person from each household in Muyexe was employed . He said the project would also ensure that employees received training for six months. He said this would help employees to feed their families for two years and become employable long after the end of the project.

Zuma said the government had the responsibility to ensure that the five priorities outlined at the ANC’ s Polokwane conference in 2007 were realised. “It is the obligation of the government to ensure that those in rural areas also have access to electricity, water, flushing toilets, roads, entertainment and sporting facilities,” Zuma said.

Muyexe was chosen as the pilot area where the government would allocate resources to better the lives of the community and fight underdevelopment. The programme is also poised to be the main tool of the Public Works Department to create 500000 jobs before the end of the year as promised by Zuma. Limpopo alone is expected to create not less than 29000 jobs, and Muyexe in particular is earmarked to play a pivotal role in fulfilling this objective.

Source: The Sowetan

Fans hail ‘king of bling’ on net - Mbatha likened to mob boss Al Capone

FRIENDS and fans of Pretoria’s King of Bling William “Mashobane” Mbatha are supporting him on the Internet as he sits in prison awaiting his fate. Now the King of Bling has a group named after him on the social networking site Facebook.

The creator of the group makes it clear that the group is meant for “those who just love Mashobane and the flair he brings to Pretoria mahlanyeng”. The die-hard fans posted comments praising Mbatha, with many comments sounding like lines from a gangster film. And as far as they are concerned, “crime does pay – if you are smart enough”. One supporter likened him to the late Chicago Mafia boss Al Capone, calling Mbatha “Pretoria’s Al Capone”. Another said: “The guy rocks for making it in this dog-eat-dog world by showing us that even we small fishes (sic) can become big fishes.”

Pictures of luxury cars, guns, expensive champagne and Mbatha wearing expensive clothes festoon the site. Another fan gave this advice: “Hustle hard my people, no one will get paid if you don’t get that f#@*&% money yourself. Get rich or die trying. “Every one knows that the top feels better than the bottom.”

Source: The Sowetan

Zuma eyes changes to land reform

President Jacob Zuma on Monday declared unequivocally that his government is planning to make "significant changes" to the willing-buyer, willing-seller method of land redistribution. Speaking in Limpopo, he said at the official launch of his government's comprehensive rural development policy: "We have recognised that in order to move forward decisively with the land-redistribution programme, significant changes will have to be made." He said that in order to move ahead with land reform, the government will have to "investigate less costly alternative ways of land acquisition, by engaging with all stakeholders within the sector". He added: "The general view is that the willing-buyer, willing seller-model does not work. We will be seeking a much more pragmatic formula to land redistribution. "It will be a formula that should address the issue as part of our country's ongoing effort at national reconciliation." And he warned: "It should not be seen as a super-profit-making business venture."

The president told his audience that a critical part of the rural development strategy, which was approved by the Cabinet last week, is to stimulate agricultural production with a view to contributing to food security, and he promised that the government will support the provision of agricultural implements and inputs to boost emerging farmers and households nationally. "We must also make agricultural loans accessible and ensure agricultural extension services of a high quality," he said. "Over the medium term, the aim is to bring about a measurable increase in agricultural output." He said that the Ilima/Letsema campaign -- which helps recultivate land that has been lying idle -- will be intensified to enhance household food security. Other farmland will be protected from encroachment by developers. "While we focus on encouraging communities to grow their own food, measures will also be put in place to ensure access by poor households to basic foods at affordable prices; and generally to improve the logistics of food distribution," he said. He also undertook to promote rural transport infrastructure and services.

"This will include non-motorised transport infrastructure, provision of rural transport passenger facilities and rural freight transport logistics," he said. "It pains us to see women carrying groceries walking long distances from the taxi drop-off point to their homes. Many rural school children also walk unimaginable distances to schools due to lack of proper roads and lack of transport."

Source: Mail & Guardian

Ginwala: Local ANC councillors lack accountability

Problems in the organisational structure of the African National Congress (ANC) have led to a lack of accountability by councillors, ANC veteran and former speaker of Parliament Frene Ginwala said on Monday. "When we returned [from exile], [the ANC] decided not to establish a parliamentary party, but decided to retain the branch as the basic unit of organisation, decision-making and choosing leadership. We did not consider adequately the link between the branch and local government," Ginwala told an audience at the annual Ruth First lecture in Johannesburg. "Even today, many of the problems arise from the complicated governing structures we had."

Ginwala said that while ANC branches were intended to hold local government accountable, the reality was very different. She said this was because the organisational mechanisms for such accountability did not exist. "Rarely has action been taken against councillors who are corrupt and ignore the ANC structures," said Ginwala.

Also speaking at the Ruth First lecture was columnist and academic Jacob Dlamini. Dlamini had done a case study of a local branch in Katlehong and was careful to note that the distance between theory and reality could be great. He argued that in the aftermath of President Jacob Zuma's election in Polokwane, political commentators had exalted the branch as having been responsible for that event. Dlamini said the branch he examined, even at a size reduced from its original 22 000, was still too unwieldy."In 2008, it took the branch eight attempts to form a quorum for its AGM [Annual General Meeting]," he said. In addition to this, the branch was divided in its loyalities to different members, despite new members "making an oath to oppose factionalism".

Dlamini quoted one branch leader as saying: "We do not have members of the ANC branch, we have members of members." He also recounted a story by a leader who claimed to be the only member of his branch to support Zuma. The branch leader said that those members who were loyal to former president Thabo Mbeki cut him out of decision-making by scheduling a meeting an hour earlier than he was due to arrive. "But the Mbeki faction was in for a surprise," said Dlamini. The branch leader was able to attain delegate accreditation through his contacts in Johannesburg. "He said he saw one of the delegates from his branch who asked, 'how did you get here?' 'I told him to voetsek!"

Dlamini said that the debate around Mbeki and Zuma itself, and how it was remembered, revealed a great deal about the shifting alliances within branches. "This is quite interesting ... we think of white people who 'never supported apartheid'. You find in the ANC that no one supported Mbeki."

Source: Mail & Guardian

Zimbabwe: Minister Mhashu Robbed in South Africa

National Housing and Social Amenities Minister Fidelis Mhashu was assaulted and robbed at gun-point in South Africa, while on a visit to the home of businessman and friend Mutumwa Mawere. The incident immediately raised the ire of South African authorities, who accused the minister of not following protocol and notifying them of his trip. Police chiefs say this would have enabled them to offer him VIP protection in the country.

It's reported that armed men burst into Mawere's house on Friday, in the posh Bryanston suburb north of Johannesburg. "They were having supper when a number of men with guns entered the house, tied them up, assaulted them and demanded money," national police crime intelligence spokesman Tumi Golding said. The robbers made off with jewellery, money and electronic goods. Mhashu meanwhile received treatment for injuries sustained and was discharged from hospital on Saturday.

With South Africa battling to control high crime levels ahead of the FIFA 2010 World Cup, the robbery involving a senior Zimbabwean government official once again puts the country in the spotlight. Furious police officials sought to blame the Minister for not having requested protection. "We are concerned that he came into this country without following protocol, if any minister comes into the country he must register with the South African government and we will be tasked into protecting him," police spokesperson Senior Superintendent Vishnu Naidoo said.

In February last year Prime Minister Morgan Tsvangirai, then still an opposition leader, was held up by three armed men who followed him from the international airport in Johannesburg. The gang attacked Tsvangirai just outside the MDC offices in Bryanston. Reports said he had just arrived from Zimbabwe with his then spokesman George Sibotshiwe and two other aides. The armed gang drew out their weapons and robbed the entourage of their money, laptops, cellphones, luggage and a file of documents.

Source: All Africa

Monday, August 17, 2009

Iraq: Stop Killings for Homosexual Conduct

Iraqi militias are carrying out a spreading campaign of torture and murder against men suspected of homosexual conduct, or of not being "manly" enough, and Iraq authorities have done nothing to stop the killing, Human Rights Watch said in a report released today. Human Rights Watch called on Iraq's government to act urgently to rein in militia abuses, punish the perpetrators, and stop a new resurgence of violence that threatens all Iraqis' safety.

The 67-page report, "‘They Want Us Exterminated': Murder, Torture, Sexual Orientation and Gender in Iraq," documents a wide-reaching campaign of extrajudicial executions, kidnappings, and torture of gay men that began in early 2009. The killings began in the vast Baghdad neighborhood of Sadr City, a stronghold of Moqtada al-Sadr's Mahdi Army militia, and spread to many cities across Iraq. Mahdi Army spokesmen have promoted fears about the "third sex" and the "feminization" of Iraq men, and suggested that militia action was the remedy. Some people told Human Rights Watch that Iraqi security forces have colluded and joined in the killing.

"Iraq's leaders are supposed to defend all Iraqis, not abandon them to armed agents of hate," said Scott Long, director of the Lesbian, Gay, Bisexual, and Transgender Rights Program at Human Rights Watch. "Turning a blind eye to torture and murder threatens the rights and life of every Iraqi."

Silence and stigma surrounding sexuality and gender in Iraq make placing a precise figure on the number killed almost impossible, but indications are that hundreds of men may have died.

One man told Human Rights Watch that militiamen kidnapped and killed his partner of 10 years in April: "It was late one night, and they came to take my partner at his parents' home. Four armed men barged into the house, masked and wearing black. They asked for him by name; they insulted him and took him in front of his parents. ... He was found in the neighborhood the day after. They had thrown his corpse in the garbage. His genitals were cut off and a piece of his throat was ripped out."

Source: Human Rights Watch

SA's Zim arms shame

South Africa exported deadly weapons to Zimbabwe at a time when it was virtually at war, unleashing savage attacks on the opposition Movement for Democratic Change. This is one of the shock disclosures in a document leaked to the Sunday Tribune, which the government has failed to make public. The report details South Africa's arms trade - including the "temporary export" of arms to Zimbabwe, which included "major conventional implements of war that could cause heavy personnel casualties."

The arms exports listed showed that "fighter aircraft, explosives, missiles, bombs, artillery guns (and) tanks" were among the items dispatched to our neighbouring country. Last year, a furore erupted when news broke of a permit issued by the committee to allow a Chinese ship to convey weapons to Zimbabwe via South Africa. However, a court order prevented the ship unloading. Whether the arms ever got to Zimbabwe via another African state remains unclear. Human Rights lobby group Freedom House, which ranked Zimbabwe "not free" in 2008, raised concerns that Zimbabwean security and military forces "abuse citizens with impunity".

The latest revelations come as the British government has effectively warned South Africa against providing Zimbabwe with weapons based on concerns about "internal repression". According to well-placed sources, authorisations for weapons trading were given under the signature of a functionary in the Defence Department, acting Defence Secretary Tsepe Motumi, the Defence Ministry's deputy director general for policy planning and strategy, after NCACC chairman and former minister Sydney Mufamadi apparently delegated his committee's responsibilities.

A week ago, the Tribune put written questions to Radebe's spokesman, Tlali Tlali, including "on what advice the "special mechanism" was developed and how many decisions were taken under this "mechanism"." Tlali refused to address the questions, saying, "I really do not want to have my fingers burned." He referred queries to the Defence Ministry's director of arms control, Dumisani Dladla, who refused to answer any questions.

Source: IoL

Saturday, August 15, 2009

Cops gunning for robbers

South Africa declared war on the mall robbers this week. But experts warn that security at malls is a disgrace - and a large part of the problem. Experts revealed that a protocol drawn up in 2008 after the first wave of attacks had been largely ignored because of the cost of implementation. Another claimed that up to 70 percent of the cases investigated involved the collusion of security guards employed by the shopping centres.

This week, President Jacob Zuma urged the country to take all necessary steps to root out the scourge that saw Gauteng reeling from seven violent heists in the space of seven days. On Friday Police Minister Nathi Mthethwa echoed Zuma's call as the shopping centre industry called for a crisis crime summit. Michael Broughton, head of the Consumer Goods Council of South Africa and the Shopping Centre Security Council, who is convening next week's crime summit, believes that this time it will be different. "There is a new vigour among the police and a new political will. It is the first time we have a president of the country saying 'enough is enough'."

Willie van Rooyen, an insurance company investigator, said there were many frustrations involved in investigating mall robberies. One was CCTV cameras, which only had entertainment value. "The CCTV camera footage is nice to watch but is not effective. It doesn't help us as investigators. It shows us how the incident happened and helps us recall the incident later for comparisons - but that's all." Van Rooyen is investigating 20 jewellery shop robberies - the oldest having taken place in September 2008. Most of these attacks took place between 10am and 11am.

Source: IoL

SIU to probe R4,3m spent on Zuma rave

Social Development Minister Edna Molewa has asked the Special Investigation Unit (SIU) to probe the release of R4,3-million to a KwaZulu-Natal businessman who gave a lavish pre-election party for President Jacob Zuma.

It was reported a month ago that the SA Social Security Agency (Sassa) had approved the release of funds to Durban businessman Mabheleni Ntuli, who sponsored the party held for the ANC president before the elections.

Ntuli allegedly received R2,5m from the agency for the party and a further R1,8m to buy food parcels for villagers in KwaNxamalala, Zuma's birthplace in KwaZulu-Natal.

Source: IoL

Friday, August 14, 2009

Zuma says no to call for debate on race

President Jacob Zuma says a debate on race will take the country backwards, calling instead for a deeper understanding of non-racialism in South Africa, according to a report in the Star on Friday. "We have never looked at things in terms of race and ethnicity but, rather, in terms of people being South Africans." He said political education on what non-racialism meant was needed.

He was responding to a question about African National Congress Youth League leader Julius Malema's recent criticism of the racial make-up of Zuma's Cabinet. Malema had questioned why black people had been overlooked for key economic portfolios.
Zuma said he would argue against a suggestion by the ANC's national executive committee (NEC) that the party start a debate on race and transformation. NEC member Lindiwe Sisulu made the call after Malema said on SAfm radio that there would be an uprising if the issue of black people's access to economic levers of power was not "handled properly".

Zuma said. "The fact of the matter is the ANC does not look at things from a race point of view," Zuma said. "We are a non-racial organisation. It cannot be a crucial thing for the ANC to begin to look at race and ethnicity, because you are dealing with colleagues, with comrades, who have sacrificed and who were there [during the struggle against apartheid]. "There is a need for a greater understanding of the policy of the ANC -- a policy we championed when apartheid was killing people. We never looked at things in terms of race and ethnicity, but [rather] in terms of non-racialism as South Africans."

Source: Main & Guardian

You will see heads rolling, says Zuma

President Jacob Zuma says his government means business when it comes to combating corruption and that it's only a matter of time before heads roll. Zuma said he wanted to "change the manner and tempo" of how the government operated. A detailed and "self-critical" review of the government had examined successes and weaknesses, and had identified changes that needed to be made and priorities that were "critical and that will make an impact on the lives of the people", he said.

Zuma said he wanted people to report corruption by using his presidential hotline, to be launched on September 1 at a cost of R4-million. It will have a full complement of staff to field and process calls, while action on queries would be followed up. "We are strengthening the police so they can investigate cases very well," Zuma said.

Zuma said that since taking office, a clear message had been sent that there was a need to make government "more accessible, responsive and accountable". "The urgent need for a change in approach - has been highlighted by recent local protests. While the reasons for the protests differ from place to place, they all point to shortcomings in the way that the government relates to the people, whether at local, provincial or national level."

For this reason the composition of the President's Co-ordinating Council, which has traditionally included only premiers, would be expanded to include metro mayors. Zuma said national planning, monitoring and evaluation needed co-operative governance.

Source: IoL

Thursday, August 13, 2009

Bona magazine editor killed

Bona magazine editor and Soweto TV chairperson Force Khashane was shot and killed at his house in Orlando East, Soweto police said on Thursday.

Captain Philemon Khorombi said Khashane died on arrival at the Lesedi Clinic following the Wednesday night shooting. "Somebody called police to say there was a person shot around 11pm on Wednesday night. He [Khashane] was taken to the Lesedi Clinic where he died later," he said.

The motive of the shooting was unknown and Khorombi could not immediately reveal details surrounding the incident. Police were investigating.

Source: Mail & Guardian

MEC Nkonyeni’s graft case is dropped

The State today withdrew corruption charges against Peggy Nkonyeni, former Health MEC and now the ANC’s whip in the KwaZulu-Natal provincial council. Nkonyeni’s jubilant supporters chanted and sang at the announcement of the withdrawal. The case was also withdrawn against her two co-accused, who are a businessman and health department official.

State advocate Hein van der Merwe would not give any reasons for withdrawing the charges during court proceedings at the Pietermaritzburg Regional Court. Later he said a particular witness was “not ready to testify”. Nkonyeni’s co-accused were Henry Mkhwanazi, a Richard’s Bay businessman, and Mduduzi Ntshangane, an official in the KwaZulu-Natal health department. Previously, the former accused’s lawyers had complained about the cost and inconvenience to the accused of repeatedly appearing in court and asked that the case be withdrawn. If the State decided to prosecute them it was free to do so later.

The allegations of corruption centre around the purchase of ultrasound and general imaging equipment for the KwaZulu-Natal health department at inflated prices while Nkonyeni was MEC for health. She was alleged to have received kickbacks for influencing health department officials to buy particular equipment. Mkhwanazi allegedly agreed to give her “gratification” for pressing Ntshangane to buy equipment, which was handled by Mkhwanazi.

Source: The Sowetan

'King of Bling' in hot water again

William "King of Bling" Mbatha has been arrested - again. Barely a week after the man popularly known as "Mashobane" was controversially granted bail in a case in which he faces a charge of attempted robbery, among others, he was yesterday given bangles of a different kind when he went to report to the Germiston police station as part of his bail conditions.

Police said that after Mbatha was granted bail on August 6, he apparently proudly posed for photographers.Soon afterwards a complainant in a house robbery, which was committed in April this year, contacted the members of the Germiston Trio Task Team, identifying the man in the pictures as one of his attackers. They immediately obtained a warrant for his arrest. Police spokesperson Senior Superintendent Tummi Golding confirmed the arrest yesterday.

It's understood a man who opened a police case in April recognised Mbatha from the press coverage and reported his finding to detectives handling his case. Golding explained that the man - whose identity has not been released - was pulled over by occupants of a silver BMW with flashing blue lights and blaring sirens. The victim, who lives in Alberton, assumed he was being pulled over by the police and complied. Two men then climbed into his Toyota Tazz and forced him to drive to his house. There, Golding said, they robbed him of jewellery, a laptop, two firearms and a rifle. The BMW did not have valid number plates.

Source: IoL

Analysis: Hurdles in the way of Madagascar's new deal

It will take some time for Madagascar's feuding political rivals to implement their breakthrough agreement, but while hopes are high that the newly signed deal will pave the way to reconciliation and stability, there are still some serious hurdles. "I wish this were the end of the political conflict - but alas, there is lots of scope for continuing struggles," Stephen Ellis, professor of social sciences at the Free University of Amsterdam and senior researcher at the African Studies Centre in Leiden, the Netherlands, told IRIN.

The power-sharing deal signed in Maputo, capital of Mozambique, on 9 August brought Andry Rajoelina, former mayor of Madagascar's capital, Antananarivo, face to face with ousted President Marc Ravalomanana for the first time since political violence began in January 2009. The standoff culminated in what the international community condemned as a "coup-style" change of leadership on 17 March. After months of failed mediation attempts, the latest talks, facilitated by former Mozambican president Joaquim Chissano on behalf of the international community under the auspices of the African Union (AU), were widely hailed. "This was a clear sign that the leaders are now committed to seeing an end to the political crisis," said a statement on 11 August by the Institute for Security Studies (ISS), a think-tank based in Pretoria, South Africa.

The Indian Ocean Island's main political factions pledged to work towards an interim government, put an end to months of political violence and hold fresh elections within 15 months. Former heads of state Didier Ratsiraka and Albert Zaphy were also signatories to the document The process of constitutional revision could be vital in determining the success of the agreement. "Elections will be important in Madagascar. However, they will be important because of the consensus-building they bring. This should not be confused with democratic consolidation, or with building strong institutions. Madagascar first needs to survive a new constitutional convention and referendum. One step at a time," Marcus said. "There will be more demonstrations during these 15 months. That in itself is ok. The important part is that key constituent groups remain committed to the process, and that the populace maintains its current level of patience."

The ISS was more optimistic: "It is likely that some disagreements will arise in the selection of members of the government, but if the recently ended talks are anything to go by, there is sufficient political will to ensure that eventually this transitional authority will be formed."

Source: IRINNEWS

Wednesday, August 12, 2009

Number of drug smugglers staggering

The number of people smuggling drugs into South Africa is "staggering", an Airports Company South Africa (Acsa) manager said today.The company’s head of security, Jason Tshabalala, told Parliament’s portfolio committee on transport that many smugglers were able to pass through European airports on their way to South Africa.

"The number is staggering," he said during the presentation on the state of readiness of airports for the 2010 World Cup. "The number of people carrying drugs into South Africa is increasing tremendously." He said that drug smuggling was "a global problem" not confined to South Africa.

Airports around the world were experiencing the same problem. "Many drug smugglers are able to pass through European airports en route to South Africa," he said. "The security in not foolproof. At the end of the day it is a global problem and we have to deal with it." Tshabalala said Acsa was using the best technology available to spot for drugs. There was a human element in the screening process that could lead to errors and smugglers slipping through the system. "In South Africa we have put extensive measures in place. But there will always be an element of human error."

It was not possible, he said, to use sniffer dogs to screen each bag. "We are processing 20,000 pieces of luggage a day. If we use dogs as well, that will slow down the whole process."

Source: The Times

‘Fraudsters’ on the prowl - desperate home-seekers lose millions in land ‘sales’

SHARP-talking salesmen with a dubious history are reportedly selling municipal land they do not own in Soweto. So far these “fraudsters” have pocketed at least R22,5million from desperate home-seekers. Sowetan’s readers alerted us to the scam, fingering Graham Sifiso Masondo and Thabo Mokoena of Siyakha Home Builders, who operate from 1086 Ameyane Street in Senaoane.

The Johannesburg Property Company (JPC) has confirmed that Masondo and Mokoena fraudulently sold parcels of the city’s land to gullible and unsuspecting consumers. The two have allegedly pocketed about R22,5million from 300 people after allegedly selling stands for R75000 each between 2007 and April 2009. Steven Sekoathe of Mondeor says Mokoena approached him 18 months ago and said he was selling a stand for R75000. Mokoena told him the land belonged to Masondo.

Mokoena said he had sold land to hundreds of people in Naledi, Dobsonville and Diepkloof. He told us to pay R5000 to secure a stand and we foolishly did,” Sekoathe said. The balance of the money was later deposited into Masondo’s trust account. Six months later Sekoathe went to Masondo’s office to get his title deed but found the salesman had no documents for the property. “For 18 months Masondo has been telling us lies and calling us to his office for meetings he never honoured,” Sekoathe said.

Johanna Mbatha is another victim. The mother of three rents a house and is about to be evicted because her lease has expired. She said Mokoena tricked her into buying a stand in Dobsonville in March. “He told me it was not a scam and that I would be a fool not to take advantage because it was a giveaway,” Mbatha said. Last Friday she went to the police to lay a fraud charge against Masondo and Mokoena. Hector Makhubo of the JPC’s legal department said the cases had been forwarded to the company’s legal officer and to management . Makhubo said they were working hard to crack these cases.

Masondo is no stranger to controversy. In 2005 he was accused of swindling about 60 people in another bogus property deal by pretending to be an estate agent for the city of Johannesburg. Mokoena admitted he had sold land, but he said his office had thousands of files of people who had bought land from them. He said Masondo was the rightful owner of the plots in Soweto. He could not recall Sekoathe, he said, because he had sold land to thousands of people. When Sowetan told him we had a deed search that showed the land they sold to Sekoathe and Mbatha did not belong to them, he said he would not withhold their money. “We did not know they had a problem. They should have approached us and we would have given them a refund there and then,” Mokoena said. But he was not in his office on Saturday when Sekoathe went to collect his money. Messages left on Masondo’s three lines – two cellphones and his office line – had not been returned by yesterday. An assistant at his office said he has been attending to a “crisis since Friday and has not been to the office today”.

Gauteng Consumer Affairs’ Sam Tebele said they were investigating several complaints against Masondo and his dealings. He said after receiving the first two complaints, their investigations had revealed that more people had been scammed. He said Masondo neither had a permit to sell the city’s land nor a mandate to do so.

Source: The Sowetan

Tuesday, August 11, 2009

Shoot-out at Lenasia mall

Two security guards were wounded when robbers opened fire on them during a cash-in-transit heist at the Trade Route Mall, in Lenasia, this morning.

Police Captain Mbulane Netshivhodza said 8 robbers attacked the guards while they were filling an FNB ATM at the shopping centre at about 10am. They opened fire on the guards, hitting both of them in the head before taking a bag of money and a 9mm pistol from one of the guards, he said. They made their getaway, in the direction of a nearby informal settlement, in a white Nissan double-cab bakkie.

Netcare 911 spokesman Nick Dollman said one of the guards was taken to the local Lenmed Hospital by ambulance. A helicopter would be used to take the other guard to the Milpark Hospital. Dollman said this guard had sustained a life-threatening wound to the front of his head and was on life support. ER24 said when paramedics arrived on the scene, they found a security guard near an escalator in the mall after he was seriously wounded in the head.

"It is understood from bystanders that the man was shot near the escalators and he dragged himself to the top before collapsing. Paramedics had to initiate advanced life support in order to save his life. "Another security guard was also wounded, but was removed prior to paramedics’ arrival on the scene. It is understood that he is also in a serious condition," the ER24 statement said. Paramedics had to call in the Air Ambulance and he was airlifted to a hospital in Johannesburg for further specialist treatment. The police along with the local fire department and other private emergency services attended the scene.

REWARD OFFERED

SBV Security Services has offered a R250,000 reward for information leading to the arrest and conviction of the perpetrators. Anyone with information can contact Kobus Swart from SBV on 083-408-7036.

8 OTHER ATTACKS ON MALLS

Police have vowed to fight the brazen attacks on shopping centres and malls in a bid to make them safer for the public. Safety and Security Minister Nathi Mthethwa’s spokesperson, Hangwani Mulaudzi, said criminals cannot “operate willy-nilly and endanger the security of the public”. “The police will have to react decisively. The minister has expressed his concern about the spate of shopping centre attacks and wants drastic action taken,” he said yesterday. Mulaudzi said 8 attacks in the past week had angered the minister.

In one attack six men in biker gear and helmets robbed Browns Jewellery in Fourways, Johannesburg, on Sunday. The brazen shopping centre attacks started last Monday at the Killarney Mall in Johannesburg, where a Coin Security guard was robbed of cash boxes. Other malls that have fallen victim to the attacks are Centurion, Midrand, Gallo Manor, Alberton and Pretoria North. Two people have died in the attacks, while six others have been wounded and 10 suspects are behind bars.

Mulaudzi said the police, in partnership with business, had managed to reduce cash-in-transit attacks and ATM bombings, so criminals are now targeting malls and shopping centres. “We will have to deal harshly with these attacks. They must come to an end,” he said.

Source: The Sowetan

Zuma welcomes Pikoli judgment

President Jacob Zuma on Tuesday said he respected and would abide by a court ruling in favour of axed prosecutions boss Vusi Pikoli.

"The presidency has noted the ruling in the North Gauteng High Court in the application by former National Director of Public Prosecutions (NDPP) Vusi Pikoli interdicting President Jacob Zuma from making a permanent appointment of a new NDPP. "The president respects the ruling and will abide by it," his office said in a statement.

Source: IoL

Zuma interdicted in Pikoli case

Axed NPA boss Vusi Pikoli scored a significant victory on Tuesday when the North Gauteng High Court interdicted President Jacob Zuma from appointing a successor for Pikoli.

Pikoli, fired by Parliament earlier this year after then president Kgalema Motlanthe recommended his sacking, is fighting his removal from office which, according to him, was ultimately motivated by protecting former police national commissioner Jackie Selebi from prosecution. Judge Ben du Plessis on Tuesday prohibited Zuma from appointing a new National Director of Public Prosecutions, which means Zuma will now have to wait for the outcome of Pikoli’s attempts to be reinstated that will be heard by the same court in November. Advocate Mokotedi Mpshe, a deputy director of public prosecutions, has been acting as NDPP since Pikoli was originally suspended by former president Thabo Mbeki in September 2007.

Source: Mail & Guardian

Zuma interdicted over Pikoli’s job

President Jacob Zuma has been interdicted by a Pretoria High Court judge from making a permanent appointment of a National Director of Public Prosecutions.

The order was granted on Tuesday morning and will be enforced until the court has given judgment in the application of ousted National Director of Public Prosecutions Vusi Pikoli to have the decision to fire him declared unlawful and unconstitutional.

The application will be heard towards the end of November.

Source: The Sowetan

Friday, August 7, 2009

Where’s justice? court sets the most wanted suspect free

ALLEGED crime kingpin William “Mashobane” Mbatha was out on R50000 bail for another case when the state alleges he tried to rob a businessman of R30000. But magistrate Hasani Mashimbye of the Germiston magistrate’s court is optimistic that the convicted criminal will not get into mischief again and shocked people in the courtroom yesterday when he granted one of Gauteng’s most wanted suspects R15000 bail. Prosecutor Thabo Motlhamme had argued that releasing Mbatha would not be in the interest of justice because he is facing nine unrelated charges in the Pretoria magistrate’s court, ranging from car theft and house-breaking to possession of an illegal firearm and tax offences.

Minister of Police Nathi Mthetwa’s office said there were many similar cases where repeat offenders got released by the courts. Spokesperson Hangwani Mulaudzi said: “It is disturbing for police to use resources and hunt criminals, present them to the courts and only to have them released.” He said this was why government planned to review the justice system. Crime Intelligence spokesperson, Tummi Golding said: “Where is justice here? It is demoralising to the police who have worked so hard to get this man only to be released on such low bail.” Often called the “King of Bling”, Mbatha was arrested last week in Johannesburg, when he went to collect his Lamborghini. He was bust after an alleged attempted robbery in Bedfordview, Johannesburg, on July 14 in which he is said to have produced a fake police identity card. Detective Inspector Sathieseel Pillay earlier testified that after the botched robbery Mbatha had slipped into a police car and fled. The 36-year-old socialite told the court during his bail hearing on Wednesday that he had spent time in jail for theft, corruption and housebreaking. Then magistrate Mashimbye granted him bail yesterday.

The ruling caused a murmur of disbelief across the packed gallery. Mashimbye then ordered Mbatha to report to Pillay every Wednesday between 6am and 6pm until the trial is over.

Source: The Sowetan