National Police Minister Nathi Mthethwa on Thursday urged researchers to contribute towards reducing violent crime in South Africa. Speaking at an Institute for Security Studies Conference in Muldersdrift, Mthethwa said researchers could play a critical role in researching the reasons behind violent crime. "There are many developing nations with economies bigger or smaller than South Africa which do not have the level of violence that exists in South Africa. We would expect researchers to probe this aspect," he said.
He said that police also needed to communicate their arrests to the public. The failure of police to communicate their successes also contributed to a poor public perception. He said the confidence of new recruits needed to be inspired by their commanding officers. Too often, recruits' enthusiasm for a career in the police was destroyed. "We want young people to want to become police officers, we do not want their spirits dampened by corrupt police officers." He said police still needed to address the issue of policing in rural areas. Police stations tended to be located in cities and towns, leaving rural residents at the mercy of criminals. He said that a major challenge was to rid the country of illegal firearms. In the fight against drugs, he said that there needed to be more focus on transnational crimes.
Police released crime statistics in September, which showed murders declined by 8,6% in 2009 to under 17 000. "The murder figure fell below the 17 000 mark, compared to 26 877 in the 1995-1996 fiscal year," said Mthethwa. "We are really encouraged in the significant decline in the murder rate. Of all crimes this is one category that you cannot cheat," he said.
The crime statistics report covered the year ending in March, and showed violent crime generally was on the decline, with attempted murders down by 6,1% and sexual offences down by 4,4%, he said. A total of 26 311 people were arrested connected with sexual crimes. He said the reintroduction of specialised units such as the Family Violence, Child Protection and Sexual Offences, would contribute to decreasing this even further.
In the fight against crime 110 police officers lost their lives. It was critical to remove corrupt police officers from the South African Police Service, said Mthethwa. The overall drop in several crime categories was "satisfactory", but more needed to be done, he said. The number of cash-in-transit heists fell 7,3% to 358 for 2009/10, resulting in 52 arrests. Bank robberies decreased 8,8%, while car and truck hijacking saw a 6,8% decline. Between 2008 and 2009, there were 14 915 car hijackings, which dropped to 13 902.
Source: Mail & Guardian
Thursday, September 30, 2010
Monday, September 27, 2010
Billionaire businessman arrested over threats to cops
BILLIONAIRE businessman and publisher of the newly launched newspaper, The New Age, Atul Kumar Gupta, will appear in the Randburg magistrate's court this morning on an obstruction of justice charge.
Gupta was travelling in his black X5 BMW from his offices in Midrand at about 9pm on Saturday when the police stopped him on the R55 highway. His driver and bodyguard was frisked. Police found a licenced firearm on him. Sources said when the police officers wanted to search Gupta and his car he refused. He then got on the phone and said he was calling General Bheki Cele, but not before telling them that he knew all the top police commissioners and would get them all fired. "All hell broke loose when Gupta refused to be searched. He also boasted that he was well-connected to Cele, threatening the arresting officers that they would pay for their actions," one source said. "This did not go down well with Constables Aubrey Mlotshwa and a Constable Mangema. "The police officers pulled Gupta out of his car, before taking him to the Sandton police station, where a charge was laid against him."
At the police station he was taken to an office, where he was interviewed and released just after midnight. Several managers from Sahara, including Duduzane Zuma, arrived at the police station.
Gauteng provincial police spokesperson Colonel Noxolo Kweza confirmed the arrest and said the law would take its course. Kweza said there was nothing wrong with releasing the businessman. The courts would determine whether he was guilty or not. She said the police were conducting their normal patrols on the R55 when they flagged down Gupta's car.
Gupta family spokesperson Gary Naidoo confirmed to CAJ News that his boss was arrested and charged but declined to shed more light on what transpired. He said Gupta was in Durban yesterday.
Cele's spokesperson, Nonkululeko Mbatha, said the general would not comment on the matter. "He (Cele) wouldn't have interfered, whether the person who was being arrested was a family member or a friend. Police arrest whoever. "They have to do their job. If the case is genuine it should go to court," she said.
Gupta has been a close friend of President Jacob Zuma since 1993. Apart from Sahara, the Gupta family trust has interests in mining through Afripalm and owns coal mining company Tigeta Mining & Resources, and JIC, a mining services company. They also publish The Thinker, a political journal. Gupta's brother, Rajesh, and Zuma's son, Duduzane, are business partners who recently clinched the controversial R9 billion ArcelorMittal business deals.
Source: The Sowetan
Gupta was travelling in his black X5 BMW from his offices in Midrand at about 9pm on Saturday when the police stopped him on the R55 highway. His driver and bodyguard was frisked. Police found a licenced firearm on him. Sources said when the police officers wanted to search Gupta and his car he refused. He then got on the phone and said he was calling General Bheki Cele, but not before telling them that he knew all the top police commissioners and would get them all fired. "All hell broke loose when Gupta refused to be searched. He also boasted that he was well-connected to Cele, threatening the arresting officers that they would pay for their actions," one source said. "This did not go down well with Constables Aubrey Mlotshwa and a Constable Mangema. "The police officers pulled Gupta out of his car, before taking him to the Sandton police station, where a charge was laid against him."
At the police station he was taken to an office, where he was interviewed and released just after midnight. Several managers from Sahara, including Duduzane Zuma, arrived at the police station.
Gauteng provincial police spokesperson Colonel Noxolo Kweza confirmed the arrest and said the law would take its course. Kweza said there was nothing wrong with releasing the businessman. The courts would determine whether he was guilty or not. She said the police were conducting their normal patrols on the R55 when they flagged down Gupta's car.
Gupta family spokesperson Gary Naidoo confirmed to CAJ News that his boss was arrested and charged but declined to shed more light on what transpired. He said Gupta was in Durban yesterday.
Cele's spokesperson, Nonkululeko Mbatha, said the general would not comment on the matter. "He (Cele) wouldn't have interfered, whether the person who was being arrested was a family member or a friend. Police arrest whoever. "They have to do their job. If the case is genuine it should go to court," she said.
Gupta has been a close friend of President Jacob Zuma since 1993. Apart from Sahara, the Gupta family trust has interests in mining through Afripalm and owns coal mining company Tigeta Mining & Resources, and JIC, a mining services company. They also publish The Thinker, a political journal. Gupta's brother, Rajesh, and Zuma's son, Duduzane, are business partners who recently clinched the controversial R9 billion ArcelorMittal business deals.
Source: The Sowetan
Thursday, September 23, 2010
Authorities urged to drop two projects that threaten media freedom
As the leaders of the ruling African National Congress meet this week in the eastern city of Durban, Reporters Without Borders urges the South African government to abandon two projects, one to create a media tribunal and one to pass a bill protecting information involving “national security.”
The press freedom organisation offers South Africa’s media and civil society its full support in their efforts to combat these two retrograde projects. “We are amazed that the ANC keeps on coming up with this kind of measure which, if implemented, would represent a dramatic step backwards,” Reporters Without Borders said. “We hope that President Jacob Zuma and all the government will understand the reservations expressed by the media and press freedom groups in recent weeks and will abandon these projects. Not only the independence of South Africa’s journalists but also the country’s image and its role as the engine for all of Africa are at stake.”
The ANC plans to create a media tribunal whose members would be appointed by the government and would have the power to punish breaches of journalistic ethics. If created, the tribunal would usurp the existing system of self-regulation. Led by President Zuma, officials insist that their intention is to protect the public against media abuses. But in the hands of the authorities and the ANC, such a tribunal would jeopardise the media independence that is guaranteed by the 1994 constitution.
The South African parliament is examining a protection of information bill that would classify information that could endanger national security and make publication of such information punishable by up to 25 years in prison. The possibility that journalists could be jailed because of their work, the length of the sentences they could face and the failure to clearly define what is meant by “national security” are all reasons for great concern.
The proposed law could end up making investigative journalism impossible or even illegal. Reporters Without Borders fears that journalists would no longer be able to investigate sensitive stories, such as corruption scandals, for fear of being jailed. The debate about media freedom in South Africa, which is eliciting heated comments both domestically and abroad, comes at a time of great mistrust between the authorities and the media. When ANC Youth League leader Julius Malema expelled BBC correspondent Jonah Fisher from a news conference on 8 April, he called him a “bastard” and “bloody agent”. Watch the video.
President Zuma’s relations with the media are fraught, especially with those that criticise the way he governs, cover his private life and investigate such sensitive issues as corruption and crime. The times have changed and South Africa has moved on since 1994, but the attitude of the ANC’s current leaders towards the press is disturbing when one recalls the role the party once played in defending fundamental freedoms.
With its bold and diverse media, South Africa has until now been a model of media freedom in Africa. Ranked 33rd out of 175 countries in the 2009 Reporters Without Borders press freedom index, it was one of the three African countries that showed most respect for the work of journalists. The ANC’s two projects could change that.
Source: Reporters without Borders
The press freedom organisation offers South Africa’s media and civil society its full support in their efforts to combat these two retrograde projects. “We are amazed that the ANC keeps on coming up with this kind of measure which, if implemented, would represent a dramatic step backwards,” Reporters Without Borders said. “We hope that President Jacob Zuma and all the government will understand the reservations expressed by the media and press freedom groups in recent weeks and will abandon these projects. Not only the independence of South Africa’s journalists but also the country’s image and its role as the engine for all of Africa are at stake.”
The ANC plans to create a media tribunal whose members would be appointed by the government and would have the power to punish breaches of journalistic ethics. If created, the tribunal would usurp the existing system of self-regulation. Led by President Zuma, officials insist that their intention is to protect the public against media abuses. But in the hands of the authorities and the ANC, such a tribunal would jeopardise the media independence that is guaranteed by the 1994 constitution.
The South African parliament is examining a protection of information bill that would classify information that could endanger national security and make publication of such information punishable by up to 25 years in prison. The possibility that journalists could be jailed because of their work, the length of the sentences they could face and the failure to clearly define what is meant by “national security” are all reasons for great concern.
The proposed law could end up making investigative journalism impossible or even illegal. Reporters Without Borders fears that journalists would no longer be able to investigate sensitive stories, such as corruption scandals, for fear of being jailed. The debate about media freedom in South Africa, which is eliciting heated comments both domestically and abroad, comes at a time of great mistrust between the authorities and the media. When ANC Youth League leader Julius Malema expelled BBC correspondent Jonah Fisher from a news conference on 8 April, he called him a “bastard” and “bloody agent”. Watch the video.
President Zuma’s relations with the media are fraught, especially with those that criticise the way he governs, cover his private life and investigate such sensitive issues as corruption and crime. The times have changed and South Africa has moved on since 1994, but the attitude of the ANC’s current leaders towards the press is disturbing when one recalls the role the party once played in defending fundamental freedoms.
With its bold and diverse media, South Africa has until now been a model of media freedom in Africa. Ranked 33rd out of 175 countries in the 2009 Reporters Without Borders press freedom index, it was one of the three African countries that showed most respect for the work of journalists. The ANC’s two projects could change that.
Source: Reporters without Borders
Monday, September 20, 2010
Another illegal miner slain at Aurora
AN illegal miner was killed and 16 others arrested after a confrontation with security guards on Saturday night at Aurora Mine in Grootvlei, Springs.
Four Delta Blue Force security guards have been arrested and face charges of murder, attempted murder and assault. While union officials say there was another incident in which mine hostel dwellers confronted illegal miners, police could only confirm the first one.
Warrant Officer Tommy Tomlinson said security guards at one of the shafts arrested 16 illegal miners. "One illegal miner was killed by the guards during a confrontation," he said. Police arrested the 16 illegal miners and charged them with illegal mining and trespassing. "We also arrested four security guards on the scene and charged them with murder, attempted murder and assault," he said. Tomlinson said the 20 men would all appear in the Springs magistrate's court today.
National Union of Mineworkers' branch chairperson Frasy Namanyana said there had been two incidents involving security guards at the mine. "There was a confrontation between illegal miners and security guards on Saturday night in which one of the miners was killed and the others injured," he said. The two injured were taken to hospital. The Far East Rand Hospital confirmed that two assaulted mine workers came in with the police. They were treated and then released yesterday. "This morning (yesterday) mine hostel dwellers confronted illegal miners and assaulted six of them, Namanyana said. "They also assaulted security guards whom they found with stolen copper cables."
Tomlinson said he did not know about the other incident.
Source: Times Live
Four Delta Blue Force security guards have been arrested and face charges of murder, attempted murder and assault. While union officials say there was another incident in which mine hostel dwellers confronted illegal miners, police could only confirm the first one.
Warrant Officer Tommy Tomlinson said security guards at one of the shafts arrested 16 illegal miners. "One illegal miner was killed by the guards during a confrontation," he said. Police arrested the 16 illegal miners and charged them with illegal mining and trespassing. "We also arrested four security guards on the scene and charged them with murder, attempted murder and assault," he said. Tomlinson said the 20 men would all appear in the Springs magistrate's court today.
National Union of Mineworkers' branch chairperson Frasy Namanyana said there had been two incidents involving security guards at the mine. "There was a confrontation between illegal miners and security guards on Saturday night in which one of the miners was killed and the others injured," he said. The two injured were taken to hospital. The Far East Rand Hospital confirmed that two assaulted mine workers came in with the police. They were treated and then released yesterday. "This morning (yesterday) mine hostel dwellers confronted illegal miners and assaulted six of them, Namanyana said. "They also assaulted security guards whom they found with stolen copper cables."
Tomlinson said he did not know about the other incident.
Source: Times Live
Friday, September 17, 2010
Security Minister Defends Information Bill
South Africa's security minister is defending a bill that rights groups say may threaten freedom. Siyabonga Cwele said in parliament Friday there are ''several clear and present dangers'' that justify the law on national security grounds. Cwele says he agrees with criticism that the bill is too broad in protecting information deemed important to national or business interests.
Free speech lawyer Alison Tilley says Cwele has ''failed the freedom test'' because he has not scrubbed the bill of its most restrictive clauses. International and South African media and rights groups are lobbying against the bill and a proposal by the ruling party for a media tribunal that could discipline journalists. Parliament has not scheduled a vote on the bill.
Source: New York Times
Free speech lawyer Alison Tilley says Cwele has ''failed the freedom test'' because he has not scrubbed the bill of its most restrictive clauses. International and South African media and rights groups are lobbying against the bill and a proposal by the ruling party for a media tribunal that could discipline journalists. Parliament has not scheduled a vote on the bill.
Source: New York Times
Cabinet Approves Changes to Lethal Force Law
The long-awaited changes to the law governing the use of lethal force have at last been approved by the Cabinet and will shortly be made public, chief government spokesman Themba Maseko said yesterday. The government announced more than a year ago its intention to revise section 49 of the Criminal Procedure Act in the middle of a welter of intemperate statements from members of the executive that police should shoot to kill and fight fire with fire.
It is understood that the substance of the provisions for when and how police may use lethal force will remain unchanged as there is a Constitutional Court ruling on this. The changes are apparently mainly the language in the Criminal Procedure Act.
At present, the law provides that lethal force may be used in defence of one's life or the lives of others but not to stop a fleeing suspect unless there is a probability that the individual has committed violent crimes or is likely to commit such crimes.
Mr Maseko said: "The bill aims to amend section 49 of the Criminal Procedure Act, that regulates the use of force when effecting the arrest of a suspect in a criminal matter, in order to bring the section in line with the judgment of the Constitutional Court in the Walters case. "The court stated, among other things, that shooting a suspect solely in order to carry out an arrest is permitted in very limited circumstances. The bill strives to provide greater legal certainty to police regarding circumstances under which force may be applied when attempting to make an arrest, and the nature of the force that may lawfully be used in the process."
Mr Maseko said the Cabinet had welcomed the crime statistics that were released last week by Police Minister Nathi Mthethwa. The crime statistics for 2009-10 showed a drop in the murder rate but also that house and business robberies had continued to rise. "The statistics highlighted the progress the country was making in the fight against crime and were a tangible indication of government's commitment to create a safe society," he said. "Government will continue to work tirelessly to ensure the safety of our citizens. Government acknowledges and welcomes the role played by communities, civil society and the business community in the fight against crime."
The collaboration between the police and the various partners in the fight against crime, Mr Maseko said, should be strengthened in order to achieve the target of reducing the crime rate by 7% a year.
Source: All Africa
It is understood that the substance of the provisions for when and how police may use lethal force will remain unchanged as there is a Constitutional Court ruling on this. The changes are apparently mainly the language in the Criminal Procedure Act.
At present, the law provides that lethal force may be used in defence of one's life or the lives of others but not to stop a fleeing suspect unless there is a probability that the individual has committed violent crimes or is likely to commit such crimes.
Mr Maseko said: "The bill aims to amend section 49 of the Criminal Procedure Act, that regulates the use of force when effecting the arrest of a suspect in a criminal matter, in order to bring the section in line with the judgment of the Constitutional Court in the Walters case. "The court stated, among other things, that shooting a suspect solely in order to carry out an arrest is permitted in very limited circumstances. The bill strives to provide greater legal certainty to police regarding circumstances under which force may be applied when attempting to make an arrest, and the nature of the force that may lawfully be used in the process."
Mr Maseko said the Cabinet had welcomed the crime statistics that were released last week by Police Minister Nathi Mthethwa. The crime statistics for 2009-10 showed a drop in the murder rate but also that house and business robberies had continued to rise. "The statistics highlighted the progress the country was making in the fight against crime and were a tangible indication of government's commitment to create a safe society," he said. "Government will continue to work tirelessly to ensure the safety of our citizens. Government acknowledges and welcomes the role played by communities, civil society and the business community in the fight against crime."
The collaboration between the police and the various partners in the fight against crime, Mr Maseko said, should be strengthened in order to achieve the target of reducing the crime rate by 7% a year.
Source: All Africa
UK denies asylum for Mugabe 'thug'
A woman who admitted taking part in savage evictions of white farmers from their homes in Zimbabwe has lost her bid for asylum in the UK, a report said. According to the Daily Mail, High Court judge Mr Justice Ouseley threw out the widowed mother-of-two's appeal to remain in the UK after she confessed to beating up 10 people during two land invasions.
The story quotes the judge as saying that the state-sponsored mob violence, which saw white farmers' land seized and shared out among President Robert Mugabe's cronies, was akin to genocide. "We are satisfied that the two farm invasions were crimes against humanity," the judge said, likening the 39-year-old woman's role to a concentration camp guard who followed Nazi orders during the Holocaust.
According to the report, the woman, who cannot be named, came to Britain illegally in 2002 and did not claim asylum until six years later. Her bid for refugee status was rejected on the grounds that her own violent actions in Zimbabwe disqualified her from humanitarian protection in the UK. She reportedly admitted to being part of a gang of thugs from Mugabe's Zanu-PF party who invaded two white-owned farms intent on causing maximum terror and driving away black workers and said that on one occasion, she beat a woman so badly she thought she would die.
However, the report says she insisted she had taken part in the raids under duress to prove her loyalty to Mugabe's regime and she had never intended to kill anyone. The Upper Tribunal Immigration and Asylum Chamber accepted that the woman was a "lesser participant" in the bloodshed and others were even more brutal. However, she took "a voluntary, even if reluctant" part. Even though not a ringleader, the same could be said of concentration camp guards who "make a substantial contribution to genocide" despite their peripheral role, said the judge.
Source: IoL
The story quotes the judge as saying that the state-sponsored mob violence, which saw white farmers' land seized and shared out among President Robert Mugabe's cronies, was akin to genocide. "We are satisfied that the two farm invasions were crimes against humanity," the judge said, likening the 39-year-old woman's role to a concentration camp guard who followed Nazi orders during the Holocaust.
According to the report, the woman, who cannot be named, came to Britain illegally in 2002 and did not claim asylum until six years later. Her bid for refugee status was rejected on the grounds that her own violent actions in Zimbabwe disqualified her from humanitarian protection in the UK. She reportedly admitted to being part of a gang of thugs from Mugabe's Zanu-PF party who invaded two white-owned farms intent on causing maximum terror and driving away black workers and said that on one occasion, she beat a woman so badly she thought she would die.
However, the report says she insisted she had taken part in the raids under duress to prove her loyalty to Mugabe's regime and she had never intended to kill anyone. The Upper Tribunal Immigration and Asylum Chamber accepted that the woman was a "lesser participant" in the bloodshed and others were even more brutal. However, she took "a voluntary, even if reluctant" part. Even though not a ringleader, the same could be said of concentration camp guards who "make a substantial contribution to genocide" despite their peripheral role, said the judge.
Source: IoL
Cop arrested for renting out police gear
A police officer has been arrested for renting out guns, bulletproof vests, radios, blue lights and sirens, the Pretoria News reported on Friday. The 23-year old constable was a member of the railway police and was arrested on Thursday while he was on duty at Johannesburg's Park Station. He was nabbed following a business robbery in Sinoville on Wednesday.
Colonel Neville Malila told the South African Press Association on Wednesday that a gang of armed men dressed in police uniform robbed the business of cellphones and jewellery. The constable's arrest brought to five the number of arrests made related to the business robbery. Police nabbed the constable, two of the four Sinoville robbers, an employee of the Sinoville business that was robbed, and a security guard at a car dealership in Pretoria from where the getaway car was stolen.
The Pretoria News said police were investigating how the constable managed to source the police gear.
Colonel Neville Malila told the South African Press Association on Wednesday that a gang of armed men dressed in police uniform robbed the business of cellphones and jewellery. The constable's arrest brought to five the number of arrests made related to the business robbery. Police nabbed the constable, two of the four Sinoville robbers, an employee of the Sinoville business that was robbed, and a security guard at a car dealership in Pretoria from where the getaway car was stolen.
The Pretoria News said police were investigating how the constable managed to source the police gear.
Radebe 'kept info from Zuma'
Justice Minister Jeff Radebe is in the firing line after President Jacob Zuma's lawyer revealed in court this week that Radebe had placed very little information before Zuma when the president appointed Menzi Simelane as head of the National Prosecuting Authority. This could lead to Zuma's appointment of Simelane being declared invalid if the court accepts that a rational process wasn't followed in appointing the controversial former justice director general to head the NPA. "The president relied on a very senior minister [Radebe] who said this [Simelane] is a man of integrity. He did not interrogate the minister. He accepted it," advocate Nazeer Cassim SC, appearing for Zuma, told the North Gauteng High Court this week.
Cassim defended Zuma's appointment of Simelane on the limited ground of Zuma's "value judgement", against mounting evidence by the Democratic Alliance that Zuma wasn't fully briefed on Simelane's track record and negative findings against him before appointing him in November last year. The DA is challenging Simelane's appointment as prosecutions boss on the grounds that a rational process wasn't followed in appointing him, that Simelane is not a fit and proper person to head the NPA and that Zuma and Radebe had an ulterior purpose in appointing him.
After three days of argument, legal experts attending the case said the DA's argument that a rational process wasn't followed when Zuma appointed Simelane was the party's strongest point. Judge Piet van der Byl has reserved judgement. Senior advocate Owen Rogers, appearing for the DA, revealed in court that Zuma was not in possession of the following information before he appointed Simelane:
* A report by the Public Service Commission (PSC) recommending that Radebe institute a disciplinary hearing against Simelane based on the findings of the Ginwala inquiry;
* Consecutive qualified audits received by the justice department from the auditor general while Simelane was director general;
* A judgement by the Supreme Court of Appeal in a case brought by Pretoria Portland Cement against the Competition Commission while Simelane headed the commission. The judgement found Simelane had used deception in gaining access to PPC's premises and was "scathing" about the commission's abuse of power; and
* Criticism by the Constitutional Court of Simelane's actions in the case brought by businessman Hugh Glenister to save the Scorpions. Judges Kate O'Regan and Zac Yacoob criticised Simelane for not responding "fully, frankly and openly".
This wasn't challenged by Cassim, who turned his attention to Radebe and said Zuma didn't "second-guess" the minister. Cassim argued that the test for "fit and proper" was subjective and that Zuma accepted Simelane's fitness to hold office based on his personal value system, which he juxtaposed with the DA's "liberal tradition". "Someone raised in a liberal tradition has a very different value system from someone who came into power in a socialist structure. The court will not impose a value system as if it is a universal criteri[on]," said Cassim. He argued it was "very difficult to find someone who would suit the ANC profile with 30 years of prosecuting experience". Radebe, a "very senior minister", told Zuma that in his judgement "Simelane is a good man" and Zuma believed him.
Van der Byl pushed counsel on what process Zuma followed in appointing Simelane and whether the president had access to all relevant information to make a rational and legal appointment. In response to a statement by advocate Marumo Moerane SC, appearing for Radebe, that Zuma was "fully briefed", Van der Byl asked: "How full?" Moerane replied: "The minister [Radebe] says he briefed the president fully."
Rogers slammed Radebe for "brushing off" the PSC report and its recommendation that Simelane should face a disciplinary hearing. Former justice minister Enver Surty referred the Ginwala inquiry's report to the PSC, which considered the report and recommended that Simelane face a disciplinary hearing. In his affidavit before court Radebe admits that he unilaterally decided not to charge Simelane because the PSC had not considered submissions made by Simelane's advocates.
Motivating why he did not present the PSC report to Zuma, Radebe states: "I did not consider it legally defensible for me to take the recommendations of the PSC to the president, knowing that Simelane's views had not been taken into account." Radebe also claims he "was not legally obligated to furnish the president with any documentation that I had recourse to as I informed myself of the qualities of Simelane, nor was the president obliged to request such documentation from me". The DA slams Radebe for "blindly" accepting Simelane's version and for withholding from Zuma the PSC's report about Ginwala's findings.
After Simelane's appointment, and after the DA had launched its application, Zuma read extracts from the Ginwala inquiry's transcript and report. He states under oath: "I submit that in view of, at times, the speculative nature of the enquiry's findings in this regard, and the absence of a finding of malice or dishonesty by the enquiry, I considered the report in the light of the knowledge I have of Adv Simelane ... and found that these findings did not detract from his suitability for appointment."
Rogers, for the DA, argued Simelane's appointment as national director of public prosecutions was a done deal, regardless of the PSC's findings. Although Zuma states in his affidavit that he supported Radebe's handling of the PSC report, Cassim told the court he would not argue that Radebe's disregard of the PSC's recommendation was correct. "I agree with Mr Rogers [that] the PSC said give him [Simelane] a hearing. But the minister of justice took a decision it was not necessary to give him a hearing. Even if he was wrong, the decision [by Radebe] is not the subject matter of this review."
Source; Mail & Guardian
Cassim defended Zuma's appointment of Simelane on the limited ground of Zuma's "value judgement", against mounting evidence by the Democratic Alliance that Zuma wasn't fully briefed on Simelane's track record and negative findings against him before appointing him in November last year. The DA is challenging Simelane's appointment as prosecutions boss on the grounds that a rational process wasn't followed in appointing him, that Simelane is not a fit and proper person to head the NPA and that Zuma and Radebe had an ulterior purpose in appointing him.
After three days of argument, legal experts attending the case said the DA's argument that a rational process wasn't followed when Zuma appointed Simelane was the party's strongest point. Judge Piet van der Byl has reserved judgement. Senior advocate Owen Rogers, appearing for the DA, revealed in court that Zuma was not in possession of the following information before he appointed Simelane:
* A report by the Public Service Commission (PSC) recommending that Radebe institute a disciplinary hearing against Simelane based on the findings of the Ginwala inquiry;
* Consecutive qualified audits received by the justice department from the auditor general while Simelane was director general;
* A judgement by the Supreme Court of Appeal in a case brought by Pretoria Portland Cement against the Competition Commission while Simelane headed the commission. The judgement found Simelane had used deception in gaining access to PPC's premises and was "scathing" about the commission's abuse of power; and
* Criticism by the Constitutional Court of Simelane's actions in the case brought by businessman Hugh Glenister to save the Scorpions. Judges Kate O'Regan and Zac Yacoob criticised Simelane for not responding "fully, frankly and openly".
This wasn't challenged by Cassim, who turned his attention to Radebe and said Zuma didn't "second-guess" the minister. Cassim argued that the test for "fit and proper" was subjective and that Zuma accepted Simelane's fitness to hold office based on his personal value system, which he juxtaposed with the DA's "liberal tradition". "Someone raised in a liberal tradition has a very different value system from someone who came into power in a socialist structure. The court will not impose a value system as if it is a universal criteri[on]," said Cassim. He argued it was "very difficult to find someone who would suit the ANC profile with 30 years of prosecuting experience". Radebe, a "very senior minister", told Zuma that in his judgement "Simelane is a good man" and Zuma believed him.
Van der Byl pushed counsel on what process Zuma followed in appointing Simelane and whether the president had access to all relevant information to make a rational and legal appointment. In response to a statement by advocate Marumo Moerane SC, appearing for Radebe, that Zuma was "fully briefed", Van der Byl asked: "How full?" Moerane replied: "The minister [Radebe] says he briefed the president fully."
Rogers slammed Radebe for "brushing off" the PSC report and its recommendation that Simelane should face a disciplinary hearing. Former justice minister Enver Surty referred the Ginwala inquiry's report to the PSC, which considered the report and recommended that Simelane face a disciplinary hearing. In his affidavit before court Radebe admits that he unilaterally decided not to charge Simelane because the PSC had not considered submissions made by Simelane's advocates.
Motivating why he did not present the PSC report to Zuma, Radebe states: "I did not consider it legally defensible for me to take the recommendations of the PSC to the president, knowing that Simelane's views had not been taken into account." Radebe also claims he "was not legally obligated to furnish the president with any documentation that I had recourse to as I informed myself of the qualities of Simelane, nor was the president obliged to request such documentation from me". The DA slams Radebe for "blindly" accepting Simelane's version and for withholding from Zuma the PSC's report about Ginwala's findings.
After Simelane's appointment, and after the DA had launched its application, Zuma read extracts from the Ginwala inquiry's transcript and report. He states under oath: "I submit that in view of, at times, the speculative nature of the enquiry's findings in this regard, and the absence of a finding of malice or dishonesty by the enquiry, I considered the report in the light of the knowledge I have of Adv Simelane ... and found that these findings did not detract from his suitability for appointment."
Rogers, for the DA, argued Simelane's appointment as national director of public prosecutions was a done deal, regardless of the PSC's findings. Although Zuma states in his affidavit that he supported Radebe's handling of the PSC report, Cassim told the court he would not argue that Radebe's disregard of the PSC's recommendation was correct. "I agree with Mr Rogers [that] the PSC said give him [Simelane] a hearing. But the minister of justice took a decision it was not necessary to give him a hearing. Even if he was wrong, the decision [by Radebe] is not the subject matter of this review."
Source; Mail & Guardian
Thursday, September 16, 2010
Charles Taylor's Lawyer Wants Evidence From Mbeki
Charles Taylor's chief lawyer said Thursday he wants former South African President Thabo Mbeki to give evidence at the war-crimes trial of the former Liberian leader.
Courtenay Griffiths, Taylor's chief counsel at the Special Court for Sierra Leone in the Netherlands, told The Associated Press during a visit to Johannesburg that he wants to interview Mbeki and weapons makers in South Africa. He said he seeks details on Taylor's 2003 resignation and details on arms deals that Taylor may have made. ''It is suggested by the prosecution that Mr. Taylor did not step down voluntarily as president of Liberia -- he was forced out of office by, among others, Thabo Mbeki,'' Griffiths said. ''Mr. Taylor flatly denies that he was put under any pressure to step down.''
Griffiths said Mbeki's evidence may support Taylor's credibility. He said the prosecution suggested that Taylor lied to the court about his resignation and the defense wants to prove that wrong. Griffiths said has he asked Mbeki for a meeting. But Mbeki's spokesman Mukoni Ratshitanga said the office has not received a request. ''We only learned about his wish to meet Mr. Mbeki in the media yesterday,'' he said.
Griffiths said he would not force Mbeki, who held the presidency from 1999 to 2008, to give evidence. ''I would not subject the former president of South Africa to indignity of being subpoenaed to give evidence in the criminal trial,'' he said. ''As far as I am concerned if at the end of the day Mr. Mbeki decides that he doesn't want to, that's the end of the story.''
He also wants to interview members of a committee that dealt with arms sales about the prosecution's suggestion that Taylor brought ''blood diamonds'' with him on a trip to South Africa in 1997, shortly after his inauguration. The prosecution believes some of the stones were used to broker an arms deal in South Africa. ''I think the then-justice minister who was on the committee has now declared there was not such a deal, which of course assists us as those who defend Mr. Taylor,'' Griffiths said.
Taylor has denied involvement in the diamond trade. In August, supermodel Naomi Campbell told the court Taylor gave her several diamonds during that 1997 visit to South Africa. Taylor said he is innocent of 11 war-crimes charges linked to allegations he supported rebels during Sierra Leone's 11-year civil war, which ended in 2002 with an estimated 100,000 dead.
Source: New York Times
Courtenay Griffiths, Taylor's chief counsel at the Special Court for Sierra Leone in the Netherlands, told The Associated Press during a visit to Johannesburg that he wants to interview Mbeki and weapons makers in South Africa. He said he seeks details on Taylor's 2003 resignation and details on arms deals that Taylor may have made. ''It is suggested by the prosecution that Mr. Taylor did not step down voluntarily as president of Liberia -- he was forced out of office by, among others, Thabo Mbeki,'' Griffiths said. ''Mr. Taylor flatly denies that he was put under any pressure to step down.''
Griffiths said Mbeki's evidence may support Taylor's credibility. He said the prosecution suggested that Taylor lied to the court about his resignation and the defense wants to prove that wrong. Griffiths said has he asked Mbeki for a meeting. But Mbeki's spokesman Mukoni Ratshitanga said the office has not received a request. ''We only learned about his wish to meet Mr. Mbeki in the media yesterday,'' he said.
Griffiths said he would not force Mbeki, who held the presidency from 1999 to 2008, to give evidence. ''I would not subject the former president of South Africa to indignity of being subpoenaed to give evidence in the criminal trial,'' he said. ''As far as I am concerned if at the end of the day Mr. Mbeki decides that he doesn't want to, that's the end of the story.''
He also wants to interview members of a committee that dealt with arms sales about the prosecution's suggestion that Taylor brought ''blood diamonds'' with him on a trip to South Africa in 1997, shortly after his inauguration. The prosecution believes some of the stones were used to broker an arms deal in South Africa. ''I think the then-justice minister who was on the committee has now declared there was not such a deal, which of course assists us as those who defend Mr. Taylor,'' Griffiths said.
Taylor has denied involvement in the diamond trade. In August, supermodel Naomi Campbell told the court Taylor gave her several diamonds during that 1997 visit to South Africa. Taylor said he is innocent of 11 war-crimes charges linked to allegations he supported rebels during Sierra Leone's 11-year civil war, which ended in 2002 with an estimated 100,000 dead.
Source: New York Times
Princess Sisulu = 1 : Nyami Booi = 0
This was all rather predictable. For a while it looked as if Parliament’s Defence Committee would stand its ground against the Minister of Defence, Lindiwe “Princess” Sisulu, who has steadfastly flouted the Constitution by refusing to produce certain documents to the Committee as she is required to do in terms of section 56(a) of the Constitution. It was something of a miracle that Nyami Booi and the other members of the committee had taken on the Minister in the first place. But yesterday they raised the white flag, indicating that they would not insist that the Minister respect our Parliament and adhere to the Constitution.
The move came a day after the African National Congress (ANC) gave its full support to Sisulu and cautioned committee chairperson Nyami Booi that his ultimatum to her to release the report within 30 days bordered on “ill-discipline”. In our system, when an MP has to choose between following the letter and spirit of the Constitution or the dictates of his or her party, the party will almost always win – unless the MP wishes to be redeployed as the town clerk of Putsonderwater or Lusikisiki or was planning to go into business and has lined up some lucrative government tenders.
There are many reasons why Booi and his committee were never destined to win this fight.
We have a closed list electoral system of pure proportional representation for members of the National Assembly. This means we vote for political parties and not for individuals. (Although we make our cross next to the smiling face – Botox optional - of a party leader, we are really not voting for him or her but for everything the party stands for – which should make it rather difficult for anyone with a a social conscience to decide which party to vote for.)
Parties compile lists of candidates and decide where on the list each person will feature – often through a quasi-democratic process that are tampered with after so called “democratic” input from members of that party. The higher up one is on a party list, the better chance one has of becoming an MP. Obviously, if one is at number 50 on the ANC list, one is guaranteed a seat in the National Assembly. If one is at number 50 on the Azapo list, one should not give up one’s day job.
This electoral system is said to be fair because every party is allocated more or less the same percentage of seats in the legislature than its percentage of the national vote. First-past-the-post systems, where one candidate wins an election and represents a constituency in Parliament and the losing parties get nothing, can lead to distortions and will favour bigger parties and eviscerate smaller one’s who might get up to 20% of the vote but no seats in Parliament.
While the system is fair, it is not working very well in South Africa at the moment – as the defeat of the Defence Committee clearly illustrates. In this system, the party leadership has enormous power over individual MP’s. If one falls out with the party leadership one can be “redeployed” or – in extreme cases if one refuses to be redeployed - can be expelled from the party, in which case one automatically loses one’s seat in the National Assembly. This power of party bosses is further enhanced by the apartheid era culture of strict party discipline, which our post-apartheid political parties have enthusiastically embraced (in line with political parties in other Westminster-inspired systems in post colonial Africa).
If one reads the ANC Polokwane resolutions on the “Political Management of Governance”, it is clear that the ANC believes that MP’s are accountable first and foremost to the party leadership and not to voters. But other parties also impose strict dicipline on MPs and once a decision has been taken by the party, all MPs have to toe the party line – unless the party has decided to allow its MPs a free vote, which happens very seldom.
Because the President is not democratically elected (but elected by the only democratically elected national representative body, the National Assembly) and because the President can be fired by the members of the National Assembly, our system appears to invest bigger powers in the legislature than the executive. But because parties and their leaders, rather than individual MP’s, are really in charge and because the President and his or her cabinet are also the leaders of the majority party in Parliament, the real power lies either with the President (as was the case under Thabo Mbeki) or with the governing party leadership (as seem to be the case under Jacob Zuma).
A junior MP must either be very brave or very stupid to defy senior leaders of his or her party by trying to hold them to account. I don’t know what came over Mr Booi. He should have known better and should have known that he was never going to win a political fight with Her Royal Highness.
At the moment we also have a one party dominant democracy with one party – the ANC – receiving almost two thirds of the votes. This means party leaders are less likely to worry too much about what particular voters or communities want. As a result we get decisions like the incorporation of Khutsong into the North West and Matatiele into the Eastern Cape.
It also means that there is even less incentive for the top 250 MP’s on the ANC electoral list to listen to demands from voters to hold the executive to account. Because they are more or less assured (or so they think!) of being returned to the National Assembly after the next election (if by then they had not secured any lucrative government tenders or found eager business partners to exploit their proximity to power), it is in their self-interest to obey party bosses and not to listen too much to what the voters want if this contradicts what party leaders demand.
Sometimes this is a good thing. Would our Parliament have passed the Termination of Pregnancy Act, the Civil Union Act and the Domestic Violence Act, if individual MP’s worried too much about what voters really think? Would they not all have clamoured for a re-introduction of the death penalty, the killing of all criminal suspects by the police – preferably in highly publicised shoot outs -and the torture of anyone caught watching pornography (although they recently seemed to have made moves to address that latter two issues).
It is often argued that we should change the electoral system to a mixed system in which half the MP’s are elected in constituencies in a first-past-the-post system and the other half proportionally to ensure that smaller parties are also fairly represented in the legislature. But we have such a system at local government level and it has not really made individual councillors more accountable to the electorate. Friends without qualifications are still appointed as financial managers, money stolen, roads remain untarred, houses unbuilt, potholes unfilled.
There are many reasons for this, including the electoral dominance of the ANC and the manner in which individuals are selected for “deployment” to city councils. We do not have a fully democratic system through which potential candidates have to take part in primaries where members of the party in that constituency can then decide who should stand in the general election against individual candidates of other parties. This means that people are in effect “deployed” to local government level and they are thus more likely to obey the dictates of the party (and act in ways that would advance their interest in the party – given the internal party politics) than actively serving the community by making some decisions that might anger party leaders.
One suggestion is to change the electoral system, but not to stop there. Why not also adopt legislation that would regulate the manner in which candidates for public office are selected by parties? A law that requires that free and open primaries should be held to allow party members freely to select their candidates for each constituency, so the argument goes, will go a long way to make individual councillors and MPs accountable to voters instead of to party bosses. If one has to have one eye on re-election in a party primary, one will take the community’s views far more seriously and will be more accountable to the community.
But there is a small problem with this argument. As the Republican Party in the USA is finding out, individuals who become members of a political party and actually make the effort to vote in primary elections are often more radical and extreme in their views than the ordinary voting public. For example, on Tuesday a far right wing candidate was elected by Republican voters in Delaware to stand as that party’s Senate candidate in the November election. But because she is so extreme in her views, she is probably not going to get elected in a relatively moderate state.
If one introduces primary elections in South Africa, chances are that the DA will field more pro-death penalty, shoot to kill and bring back the good old days candidates, while the ANC might field more mini-me Malemas. Potential MPs who have technical skills or are thoughtful and progressive are likely to be squeezed out by the lunatic fringe candidates preferred by energised and enthusiastic party activists.
Perhaps the present system is not that bad after all – at least on paper. Once the ANC fails to secure 50% of the vote and is required to govern in coalition with other parties (something far more likely in a proportional representation system than in a first-past-the-post system), Parliament will be in a far stronger position to hold the President and other cabinet members to account. Coalition governments weaken the power of party bosses and strenghten the hand of those legislators who wish to hold the executive to account.
But, of course, for that to happen a credible political party either to the left or the right of the ANC will have to emerge, one for whom large sections of African voters feel they can vote because they believe the party understands them and represents their interest.
Untill that day comes, we are stuck with a system that - on paper – is not bad at all, but in practice does not seem to serve the needs of most voters.
Source: Constitutionally Speaking: Pierre De Vos
The move came a day after the African National Congress (ANC) gave its full support to Sisulu and cautioned committee chairperson Nyami Booi that his ultimatum to her to release the report within 30 days bordered on “ill-discipline”. In our system, when an MP has to choose between following the letter and spirit of the Constitution or the dictates of his or her party, the party will almost always win – unless the MP wishes to be redeployed as the town clerk of Putsonderwater or Lusikisiki or was planning to go into business and has lined up some lucrative government tenders.
There are many reasons why Booi and his committee were never destined to win this fight.
We have a closed list electoral system of pure proportional representation for members of the National Assembly. This means we vote for political parties and not for individuals. (Although we make our cross next to the smiling face – Botox optional - of a party leader, we are really not voting for him or her but for everything the party stands for – which should make it rather difficult for anyone with a a social conscience to decide which party to vote for.)
Parties compile lists of candidates and decide where on the list each person will feature – often through a quasi-democratic process that are tampered with after so called “democratic” input from members of that party. The higher up one is on a party list, the better chance one has of becoming an MP. Obviously, if one is at number 50 on the ANC list, one is guaranteed a seat in the National Assembly. If one is at number 50 on the Azapo list, one should not give up one’s day job.
This electoral system is said to be fair because every party is allocated more or less the same percentage of seats in the legislature than its percentage of the national vote. First-past-the-post systems, where one candidate wins an election and represents a constituency in Parliament and the losing parties get nothing, can lead to distortions and will favour bigger parties and eviscerate smaller one’s who might get up to 20% of the vote but no seats in Parliament.
While the system is fair, it is not working very well in South Africa at the moment – as the defeat of the Defence Committee clearly illustrates. In this system, the party leadership has enormous power over individual MP’s. If one falls out with the party leadership one can be “redeployed” or – in extreme cases if one refuses to be redeployed - can be expelled from the party, in which case one automatically loses one’s seat in the National Assembly. This power of party bosses is further enhanced by the apartheid era culture of strict party discipline, which our post-apartheid political parties have enthusiastically embraced (in line with political parties in other Westminster-inspired systems in post colonial Africa).
If one reads the ANC Polokwane resolutions on the “Political Management of Governance”, it is clear that the ANC believes that MP’s are accountable first and foremost to the party leadership and not to voters. But other parties also impose strict dicipline on MPs and once a decision has been taken by the party, all MPs have to toe the party line – unless the party has decided to allow its MPs a free vote, which happens very seldom.
Because the President is not democratically elected (but elected by the only democratically elected national representative body, the National Assembly) and because the President can be fired by the members of the National Assembly, our system appears to invest bigger powers in the legislature than the executive. But because parties and their leaders, rather than individual MP’s, are really in charge and because the President and his or her cabinet are also the leaders of the majority party in Parliament, the real power lies either with the President (as was the case under Thabo Mbeki) or with the governing party leadership (as seem to be the case under Jacob Zuma).
A junior MP must either be very brave or very stupid to defy senior leaders of his or her party by trying to hold them to account. I don’t know what came over Mr Booi. He should have known better and should have known that he was never going to win a political fight with Her Royal Highness.
At the moment we also have a one party dominant democracy with one party – the ANC – receiving almost two thirds of the votes. This means party leaders are less likely to worry too much about what particular voters or communities want. As a result we get decisions like the incorporation of Khutsong into the North West and Matatiele into the Eastern Cape.
It also means that there is even less incentive for the top 250 MP’s on the ANC electoral list to listen to demands from voters to hold the executive to account. Because they are more or less assured (or so they think!) of being returned to the National Assembly after the next election (if by then they had not secured any lucrative government tenders or found eager business partners to exploit their proximity to power), it is in their self-interest to obey party bosses and not to listen too much to what the voters want if this contradicts what party leaders demand.
Sometimes this is a good thing. Would our Parliament have passed the Termination of Pregnancy Act, the Civil Union Act and the Domestic Violence Act, if individual MP’s worried too much about what voters really think? Would they not all have clamoured for a re-introduction of the death penalty, the killing of all criminal suspects by the police – preferably in highly publicised shoot outs -and the torture of anyone caught watching pornography (although they recently seemed to have made moves to address that latter two issues).
It is often argued that we should change the electoral system to a mixed system in which half the MP’s are elected in constituencies in a first-past-the-post system and the other half proportionally to ensure that smaller parties are also fairly represented in the legislature. But we have such a system at local government level and it has not really made individual councillors more accountable to the electorate. Friends without qualifications are still appointed as financial managers, money stolen, roads remain untarred, houses unbuilt, potholes unfilled.
There are many reasons for this, including the electoral dominance of the ANC and the manner in which individuals are selected for “deployment” to city councils. We do not have a fully democratic system through which potential candidates have to take part in primaries where members of the party in that constituency can then decide who should stand in the general election against individual candidates of other parties. This means that people are in effect “deployed” to local government level and they are thus more likely to obey the dictates of the party (and act in ways that would advance their interest in the party – given the internal party politics) than actively serving the community by making some decisions that might anger party leaders.
One suggestion is to change the electoral system, but not to stop there. Why not also adopt legislation that would regulate the manner in which candidates for public office are selected by parties? A law that requires that free and open primaries should be held to allow party members freely to select their candidates for each constituency, so the argument goes, will go a long way to make individual councillors and MPs accountable to voters instead of to party bosses. If one has to have one eye on re-election in a party primary, one will take the community’s views far more seriously and will be more accountable to the community.
But there is a small problem with this argument. As the Republican Party in the USA is finding out, individuals who become members of a political party and actually make the effort to vote in primary elections are often more radical and extreme in their views than the ordinary voting public. For example, on Tuesday a far right wing candidate was elected by Republican voters in Delaware to stand as that party’s Senate candidate in the November election. But because she is so extreme in her views, she is probably not going to get elected in a relatively moderate state.
If one introduces primary elections in South Africa, chances are that the DA will field more pro-death penalty, shoot to kill and bring back the good old days candidates, while the ANC might field more mini-me Malemas. Potential MPs who have technical skills or are thoughtful and progressive are likely to be squeezed out by the lunatic fringe candidates preferred by energised and enthusiastic party activists.
Perhaps the present system is not that bad after all – at least on paper. Once the ANC fails to secure 50% of the vote and is required to govern in coalition with other parties (something far more likely in a proportional representation system than in a first-past-the-post system), Parliament will be in a far stronger position to hold the President and other cabinet members to account. Coalition governments weaken the power of party bosses and strenghten the hand of those legislators who wish to hold the executive to account.
But, of course, for that to happen a credible political party either to the left or the right of the ANC will have to emerge, one for whom large sections of African voters feel they can vote because they believe the party understands them and represents their interest.
Untill that day comes, we are stuck with a system that - on paper – is not bad at all, but in practice does not seem to serve the needs of most voters.
Source: Constitutionally Speaking: Pierre De Vos
Defence committee blinks first in standoff over report
Parliament’s rebellious defence committee succumbed to political pressure yesterday, agreeing to continue work on the Defence Amendment Bill despite not yet being supplied contentious reports by Defence Minister Lindiwe Sisulu.
Earlier this month the committee made history by becoming the first in the democratic era to issue an ultimatum to a minister and the Cabinet. The committee had ruled that it could not continue work on the bill until it had considered reports of the Interim National Defence Force Service Commission, which variously described conditions in the military as a ticking time bomb and a threat to state security. The committee also gave the Cabinet 30 days to make the reports available. Ms Sisulu had insisted she could not provide the reports until the Cabinet had considered them. The commission gave her the reports eight months ago. When the committee met yesterday its chairman, Mnyamezeli Booi, tabled a letter from National Assembly speaker Max Sisulu, which described the decision to suspend work on the bill as incorrect and criticised the committee’s belief that the reports would inform its work on the Defence Amendment Bill.
Democratic Alliance MP David Maynier said the committee should stand its ground and refuse to work on the bill until the reports are supplied. He accused Ms Sisulu of being bloody-minded about the reports and wondered why eight months had passed and they still had not been dealt with by the Cabinet. But he was left without support as the rest of the committee decided to resume work on the bill.
Freedom Front Plus MP Pieter Groenewald said he agreed with Mr Maynier’s criticism of the length of time it was taking for the Cabinet to process the bills, but it was the committee’s function to do what was in the best interests of the South African National Defence Force.
The bill will create a permanent service commission to consider conditions in the military and it is common cause that the commission is urgently needed. Other MPs couched their reversal in similar terms, saying it would be irresponsible to maintain their position on the bill because delays now would mean it could not be processed by Parliament until next year.
Mr Booi said: “As a committee we go along with the contents of the letter of the speaker and feel that we should continue with the bill. “We will restructure the programme of the committee to restart the process.”
Mr Maynier said it “may be a victory for the minister but it is a defeat for our constitutional democracy”.
Source: Business Day
Earlier this month the committee made history by becoming the first in the democratic era to issue an ultimatum to a minister and the Cabinet. The committee had ruled that it could not continue work on the bill until it had considered reports of the Interim National Defence Force Service Commission, which variously described conditions in the military as a ticking time bomb and a threat to state security. The committee also gave the Cabinet 30 days to make the reports available. Ms Sisulu had insisted she could not provide the reports until the Cabinet had considered them. The commission gave her the reports eight months ago. When the committee met yesterday its chairman, Mnyamezeli Booi, tabled a letter from National Assembly speaker Max Sisulu, which described the decision to suspend work on the bill as incorrect and criticised the committee’s belief that the reports would inform its work on the Defence Amendment Bill.
Democratic Alliance MP David Maynier said the committee should stand its ground and refuse to work on the bill until the reports are supplied. He accused Ms Sisulu of being bloody-minded about the reports and wondered why eight months had passed and they still had not been dealt with by the Cabinet. But he was left without support as the rest of the committee decided to resume work on the bill.
Freedom Front Plus MP Pieter Groenewald said he agreed with Mr Maynier’s criticism of the length of time it was taking for the Cabinet to process the bills, but it was the committee’s function to do what was in the best interests of the South African National Defence Force.
The bill will create a permanent service commission to consider conditions in the military and it is common cause that the commission is urgently needed. Other MPs couched their reversal in similar terms, saying it would be irresponsible to maintain their position on the bill because delays now would mean it could not be processed by Parliament until next year.
Mr Booi said: “As a committee we go along with the contents of the letter of the speaker and feel that we should continue with the bill. “We will restructure the programme of the committee to restart the process.”
Mr Maynier said it “may be a victory for the minister but it is a defeat for our constitutional democracy”.
Source: Business Day
Netcare linked to illegal kidney ops
Police have again moved against surgeons accused of performing illegal kidney transplants at Durban's St Augustine's Hospital - and this time hospital group Netcare, which is accused of reaping more than R22 million from the operations. Its CEO, Richard Friedland, will also be in the dock. In total, they face hundreds of charges, including fraud, conspiracy to commit fraud and contraventions of the Human Tissues Act, relating to 109 operations at the hospital, between 2001 and 2003, in which poor people - mainly Brazilians - were paid to donate their kidneys to Israeli patients.
In a statement, Netcare said: "After several years of co-operating fully with the South African Police Service and providing the investigating officer with countless affidavits it has come as a great surprise and disappointment that the prosecuting authority has seen it fit to bring charges against Netcare Limited, Netcare KZN and Dr Richard Friedland, chief executive officer of Netcare. "Netcare Limited, Netcare KZN and Dr Friedland vigorously deny any wrongdoing and intend to defend the charges." Summonses were served on them on Wednesday.
Former St Augustine's transplant unit staffers Lindy Dickson and Melanie Azor, nephrologist Jeffrey Kallmeyer, surgeons Ariff Haffejee, John Robbs, Neil Christopher and Mahadev Naidoo, and Hebrew translator Samuel Ziegler are also named among the accused listed on the summons. They will appear in the specialised commercial crimes court in November and the trial - to be prosecuted by Robin Palmer of the University of KwaZulu-Natal - will be heard in the Durban High Court when both donors and recipients of kidneys will testify.
Police investigations into the alleged international syndicate date back to 2003 and the surgeons and St Augustine's transplant co-ordinators were arrested and charged previously. However, charges were provisionally withdrawn four years ago because the State was not ready to proceed with the trial.
Investigations under Captain Louis Helberg continued and now the hospital group, which was previously the complainant and has always denied any wrongdoing, and Friedland are listed as accused. In the attached summary of substantial facts, it is alleged that Friedland, who was also a director of Netcare KwaZulu-Natal, was aware that illegal transplant operations were being done at the hospital but "permitted them to continue". "He was, as CEO, responsible for Netcare employees' non-compliance with the ministerial guidelines and with Netcare's internal organ transplant policies," it states. With regards to Netcare and the hospital, "they allowed their employees and facilities to be used to conduct illegal kidney operations" benefiting by R22.6m, it is alleged.
A new charge against all accused relates to allegations that five of the donors were 20 at the time and unable to give consent to donate an organ. Other charges relate to money which changed hands. State witnesses are cited as Netcare's former national transplant co-ordinator, Belinda Rossi, and the syndicate boss, Israeli Ilan Perry, who was himself facing charges and was under arrest in Germany on a South African warrant, but has now turned State witness.
The modus operandi, according to an annexure to the summons, was that in early 2001 Rossi went to Israel to assess the feasibility of performing kidney transplants on Israelis at Netcare hospitals. Subsequent to this, Netcare, Perry, St Augustine's Hospital and Kallmeyer set up the "illegal scheme" with Perry initially being given an exclusive deal with the hospital group. The kidney donors were initially sourced from Israel, but later Romanian and Brazilians were recruited more cheaply.
Kidney recipients paid between $100 000 and $120 000 to Perry or his company, UDG, for a transplant while the donors were paid as little as $6 000. Donors were accommodated and chaperoned in South Africa by agents employed by Perry. Both donors and recipients signed documents falsely declaring that they were relatives. UDG or its agents would pay Netcare prior to the operations and Netcare and |the hospital would, in turn, pay the surgeons.
Kallmeyer - who is presently living in Canada - received direct payments from UDG and Perry totalling $150 700; "illegal proceeds" which were deposited in overseas bank accounts in Canada and the Cayman Islands, the State alleges. The Mercury believes that should he not return to South Africa, attempts would be made to extradite him.
Police confirm they arrested Israeli Agania Robel as he was discharged from St Augustine's hospital after a kidney transplant. Sushan Meir, an alleged syndicate co-ordinator, is also arrested as are several other people in Brazil and Israel. Another alleged co-ordinator, Durban-based Roderick Frank Kimberly, is arrested. Agania Robel pleads guilty in the Durban Regional Court to fraud and contravening the Human Tissues Act. He admits paying R270 000 for a kidney donated by an unrelated Brazilian man. He gets a suspended sentence, a R5 000 fine and forfeits R33 500 to State.
Kimberly pleads guilty in the Durban Regional Court to his role in 38 illegal kidney transplants at St Augustine's. He says he was approached by Israeli Ilan Perry to look after donors and recipients. He implicates the surgeons and transplant clinic staff. He is given a six-year suspended sentence and is fined R250 000. Nephrologist Jeff Kallmeyer and St Augustine's staffer Lindy Dickson are arrested with Hebrew interpreter Samuel Ziegler. Dickson's colleague Melanie Azor is arrested a few days later
November 30, 2004: Sushan Meir admits receiving over R1.4 million for arranging 56 illegal kidney transplants. Sentenced to six years in jail, suspended for five years and a fine of R250 000. John Robbs, head of surgery at Durban's Nelson Mandela Medical School, and his deputy, Ariff Haffejee, Neil Christopher, Mahadev Naidoo and Kapil Satyapal are arrested and appear in court in connection with 109 illegal operations. The charges are provisionally withdrawn.
Source: IoL
In a statement, Netcare said: "After several years of co-operating fully with the South African Police Service and providing the investigating officer with countless affidavits it has come as a great surprise and disappointment that the prosecuting authority has seen it fit to bring charges against Netcare Limited, Netcare KZN and Dr Richard Friedland, chief executive officer of Netcare. "Netcare Limited, Netcare KZN and Dr Friedland vigorously deny any wrongdoing and intend to defend the charges." Summonses were served on them on Wednesday.
Former St Augustine's transplant unit staffers Lindy Dickson and Melanie Azor, nephrologist Jeffrey Kallmeyer, surgeons Ariff Haffejee, John Robbs, Neil Christopher and Mahadev Naidoo, and Hebrew translator Samuel Ziegler are also named among the accused listed on the summons. They will appear in the specialised commercial crimes court in November and the trial - to be prosecuted by Robin Palmer of the University of KwaZulu-Natal - will be heard in the Durban High Court when both donors and recipients of kidneys will testify.
Police investigations into the alleged international syndicate date back to 2003 and the surgeons and St Augustine's transplant co-ordinators were arrested and charged previously. However, charges were provisionally withdrawn four years ago because the State was not ready to proceed with the trial.
Investigations under Captain Louis Helberg continued and now the hospital group, which was previously the complainant and has always denied any wrongdoing, and Friedland are listed as accused. In the attached summary of substantial facts, it is alleged that Friedland, who was also a director of Netcare KwaZulu-Natal, was aware that illegal transplant operations were being done at the hospital but "permitted them to continue". "He was, as CEO, responsible for Netcare employees' non-compliance with the ministerial guidelines and with Netcare's internal organ transplant policies," it states. With regards to Netcare and the hospital, "they allowed their employees and facilities to be used to conduct illegal kidney operations" benefiting by R22.6m, it is alleged.
A new charge against all accused relates to allegations that five of the donors were 20 at the time and unable to give consent to donate an organ. Other charges relate to money which changed hands. State witnesses are cited as Netcare's former national transplant co-ordinator, Belinda Rossi, and the syndicate boss, Israeli Ilan Perry, who was himself facing charges and was under arrest in Germany on a South African warrant, but has now turned State witness.
The modus operandi, according to an annexure to the summons, was that in early 2001 Rossi went to Israel to assess the feasibility of performing kidney transplants on Israelis at Netcare hospitals. Subsequent to this, Netcare, Perry, St Augustine's Hospital and Kallmeyer set up the "illegal scheme" with Perry initially being given an exclusive deal with the hospital group. The kidney donors were initially sourced from Israel, but later Romanian and Brazilians were recruited more cheaply.
Kidney recipients paid between $100 000 and $120 000 to Perry or his company, UDG, for a transplant while the donors were paid as little as $6 000. Donors were accommodated and chaperoned in South Africa by agents employed by Perry. Both donors and recipients signed documents falsely declaring that they were relatives. UDG or its agents would pay Netcare prior to the operations and Netcare and |the hospital would, in turn, pay the surgeons.
Kallmeyer - who is presently living in Canada - received direct payments from UDG and Perry totalling $150 700; "illegal proceeds" which were deposited in overseas bank accounts in Canada and the Cayman Islands, the State alleges. The Mercury believes that should he not return to South Africa, attempts would be made to extradite him.
Police confirm they arrested Israeli Agania Robel as he was discharged from St Augustine's hospital after a kidney transplant. Sushan Meir, an alleged syndicate co-ordinator, is also arrested as are several other people in Brazil and Israel. Another alleged co-ordinator, Durban-based Roderick Frank Kimberly, is arrested. Agania Robel pleads guilty in the Durban Regional Court to fraud and contravening the Human Tissues Act. He admits paying R270 000 for a kidney donated by an unrelated Brazilian man. He gets a suspended sentence, a R5 000 fine and forfeits R33 500 to State.
Kimberly pleads guilty in the Durban Regional Court to his role in 38 illegal kidney transplants at St Augustine's. He says he was approached by Israeli Ilan Perry to look after donors and recipients. He implicates the surgeons and transplant clinic staff. He is given a six-year suspended sentence and is fined R250 000. Nephrologist Jeff Kallmeyer and St Augustine's staffer Lindy Dickson are arrested with Hebrew interpreter Samuel Ziegler. Dickson's colleague Melanie Azor is arrested a few days later
November 30, 2004: Sushan Meir admits receiving over R1.4 million for arranging 56 illegal kidney transplants. Sentenced to six years in jail, suspended for five years and a fine of R250 000. John Robbs, head of surgery at Durban's Nelson Mandela Medical School, and his deputy, Ariff Haffejee, Neil Christopher, Mahadev Naidoo and Kapil Satyapal are arrested and appear in court in connection with 109 illegal operations. The charges are provisionally withdrawn.
Source: IoL
Wednesday, September 15, 2010
BEE proceeds 'cripple ANC'
The SA Communist party has blamed the factional battles rocking the ANC on the narrowness of "broad-based" black economic empowerment. On its online periodical Umsebenzi, the SACP said BEE had returned to bite the ruling party, with factions fighting for total dominance. It said the ANC's "Leadership Renewal" document, to be discussed at the ANC's national general council meeting in KwaZulu-Natal next week, fails to make a connection between factional battles in the ANC and BEE.
The SACP said BEE proceeds were being used to fund factional battles and buy votes in the ruling party. "We are now living with the consequences. Some R500-billion from pension funds, from state coffers, and from the private sector has been diverted into floating private BEE equity deals. "Worse still, this is the money that is now returning back into our organisations in order to buy votes, to fund factional activities, to print T-shirts with the faces of junior leaders."
The communists said that, though they supported the empowerment of the black majority, narrow BEE funding should be discussed at the ANC's general council meeting. "... we need now to ask the obvious question - is narrow BEE, particularly BEE codes that require percentage targets for capitalist ownership, not at the heart of exposing our movement to the material conditions that are having such a negative impact on our movement?"
ANC president Jacob Zuma came under pressure recently to explain the involvement of his family and close associates in BEE deals. Last week, his son, Duduzane, took the extraordinary step of explaining his involvement in an ArcelorMittal SA deal worth more than R9-billion after Cosatu questioned the transaction.
The SACP and Cosatu have also been vocal in condemning the attempts of tenderpreneurs to take over the ANC. The use of money in ANC's elections is expected to come under discussion at the meeting of the national general council because party leaders want to discourage what they term "alien tendencies".
In its "leadership renewal" document, the ANC said that the use of money in lobbying for positions in the party was destroying it. It said that, since the last ANC's national conference in Polokwane in 2007, "alien tendencies" had become "embedded and in fact worsened, especially as part of the lobbying process".
The SACP said that, though the emergence of the black middle class - which is the main benefactor of BEE - was an inevitable outcome of democratisation and deracialisation, it had never been "a strategic objective of the national democratic revolution" - it was "smuggled" onto the ANC agenda in 1996.
Source: Times Live
The SACP said BEE proceeds were being used to fund factional battles and buy votes in the ruling party. "We are now living with the consequences. Some R500-billion from pension funds, from state coffers, and from the private sector has been diverted into floating private BEE equity deals. "Worse still, this is the money that is now returning back into our organisations in order to buy votes, to fund factional activities, to print T-shirts with the faces of junior leaders."
The communists said that, though they supported the empowerment of the black majority, narrow BEE funding should be discussed at the ANC's general council meeting. "... we need now to ask the obvious question - is narrow BEE, particularly BEE codes that require percentage targets for capitalist ownership, not at the heart of exposing our movement to the material conditions that are having such a negative impact on our movement?"
ANC president Jacob Zuma came under pressure recently to explain the involvement of his family and close associates in BEE deals. Last week, his son, Duduzane, took the extraordinary step of explaining his involvement in an ArcelorMittal SA deal worth more than R9-billion after Cosatu questioned the transaction.
The SACP and Cosatu have also been vocal in condemning the attempts of tenderpreneurs to take over the ANC. The use of money in ANC's elections is expected to come under discussion at the meeting of the national general council because party leaders want to discourage what they term "alien tendencies".
In its "leadership renewal" document, the ANC said that the use of money in lobbying for positions in the party was destroying it. It said that, since the last ANC's national conference in Polokwane in 2007, "alien tendencies" had become "embedded and in fact worsened, especially as part of the lobbying process".
The SACP said that, though the emergence of the black middle class - which is the main benefactor of BEE - was an inevitable outcome of democratisation and deracialisation, it had never been "a strategic objective of the national democratic revolution" - it was "smuggled" onto the ANC agenda in 1996.
Source: Times Live
Tuesday, September 14, 2010
Constructing a democratic developmental state in South Africa
The social and economic successes of Asia have drawn global attention to the developmental state as a possible model for developing countries. In South Africa, many, including government, see this as a possible panacea to the country's social, economic and institutional crises. However, a government committing itself to constructing a developmental state is one thing; actually implementing the necessary institutional and policy reforms to bring that into reality is another.
In this seminal collection, an interdisciplinary team of distinguished scholars examine how South Africa could go about building a democratic developmental state, while drawing on relevant conceptual models and useful comparative experiences from other countries. The macro- and microeconomic questions, as well as the institutional, governance and social challenges facing South Africa are lucidly analysed, as are the country's advantages; such as its existing constitutional democracy, rents from its mineral resources and the commitment of its political leadership to creating a democratic developmental state.
Providing an eloquent and intelligent account of what the state's primary goals should be at this point, the contributors make the case that for South Africa to become a developmental state that is both democratic and socially inclusive, economic and social policy have to be intertwined; development and democratic agendas have to be mutually reinforcing; and a competent bureaucracy needs to be built to enhance state capacity.
An authoritative and comprehensive study that illuminates the political economy of economic development, this work is invaluable for anyone interested in the political and economic future of South Africa and similar developing countries.
Source: HSRC
In this seminal collection, an interdisciplinary team of distinguished scholars examine how South Africa could go about building a democratic developmental state, while drawing on relevant conceptual models and useful comparative experiences from other countries. The macro- and microeconomic questions, as well as the institutional, governance and social challenges facing South Africa are lucidly analysed, as are the country's advantages; such as its existing constitutional democracy, rents from its mineral resources and the commitment of its political leadership to creating a democratic developmental state.
Providing an eloquent and intelligent account of what the state's primary goals should be at this point, the contributors make the case that for South Africa to become a developmental state that is both democratic and socially inclusive, economic and social policy have to be intertwined; development and democratic agendas have to be mutually reinforcing; and a competent bureaucracy needs to be built to enhance state capacity.
An authoritative and comprehensive study that illuminates the political economy of economic development, this work is invaluable for anyone interested in the political and economic future of South Africa and similar developing countries.
Source: HSRC
Monday, September 13, 2010
YCL concerned about Derby-Lewis release
The Young Communist League is appalled by attempts at securing parole for Clive Derby-Lewis, who was jailed for the murder of its general secretary Chris Hani. "We re-iterate that Clive Derby-Lewis' release will be a travesty to justice and the end of any possibility of unfolding the truth about the death of [comrade] Chris Hani," it said in statement on Monday. It was responding to a weekend report that Derby-Lewis could be released.
The YCL's statement joins that of the Congress of SA Trade Unions which said it was concerned about the report in the Saturday Star headlined: "Hani Killer to walk free". Hani was shot in the head as he climbed out of his car outside his home in Dawn Park, Boksburg, on April 10, 1993 by Polish immigrant Janusz Walus, using a pistol leant to him by Conservative Party MP Derby-Lewis. Six months later, Walus and Derby-Lewis were convicted of murder and conspiracy to commit murder and were sentenced to death. However this was commuted to life imprisonment in 1995, when capital punishment was abolished.
The publication reported that the parole board had recommended for a second time that Derby-Lewis be freed, and with a decision expected next month, he could be out by Christmas. His last application for parole was dismissed by the High Court in Pretoria in March last year. Cosatu said it backed the SA Communist Party's view that Derby-Lewis should not be paroled unless and until he had fully disclosed the identities of all those involved in Hani's murder.
In 1996, Derby-Lewis and Walus applied to the Truth and Reconciliation Commission (TRC) for amnesty for the murder. On April 7, 1999, the TRC's amnesty committee rejected the application on the basis that they had failed to prove the killing was politically motivated, and had failed to make a full disclosure, another prerequisite for amnesty.
The correctional services department dismissed as "false" the Saturday Star's claim that a decision on parole would be made next month. "It is also false to say that he [Derby-Lewis] will be out by Christmas," ministerial spokesman Sonwabo Mbananga said.
In determining whether parole was granted to a prisoner serving a life sentence, the parole board first made a recommendation to the National Council on Correctional Services (NCCS), which then made a recommendation to the minister of correctional services, who in turn made a decision based on these recommendations, he said. The parole board had made a recommendation regarding Derby-Lewis, but this information had not yet reached the NCCS. Its next sitting would be at the end of October, when Derby-Lewis's case might be tabled, said Mbananga.
Source: Times Live
The YCL's statement joins that of the Congress of SA Trade Unions which said it was concerned about the report in the Saturday Star headlined: "Hani Killer to walk free". Hani was shot in the head as he climbed out of his car outside his home in Dawn Park, Boksburg, on April 10, 1993 by Polish immigrant Janusz Walus, using a pistol leant to him by Conservative Party MP Derby-Lewis. Six months later, Walus and Derby-Lewis were convicted of murder and conspiracy to commit murder and were sentenced to death. However this was commuted to life imprisonment in 1995, when capital punishment was abolished.
The publication reported that the parole board had recommended for a second time that Derby-Lewis be freed, and with a decision expected next month, he could be out by Christmas. His last application for parole was dismissed by the High Court in Pretoria in March last year. Cosatu said it backed the SA Communist Party's view that Derby-Lewis should not be paroled unless and until he had fully disclosed the identities of all those involved in Hani's murder.
In 1996, Derby-Lewis and Walus applied to the Truth and Reconciliation Commission (TRC) for amnesty for the murder. On April 7, 1999, the TRC's amnesty committee rejected the application on the basis that they had failed to prove the killing was politically motivated, and had failed to make a full disclosure, another prerequisite for amnesty.
The correctional services department dismissed as "false" the Saturday Star's claim that a decision on parole would be made next month. "It is also false to say that he [Derby-Lewis] will be out by Christmas," ministerial spokesman Sonwabo Mbananga said.
In determining whether parole was granted to a prisoner serving a life sentence, the parole board first made a recommendation to the National Council on Correctional Services (NCCS), which then made a recommendation to the minister of correctional services, who in turn made a decision based on these recommendations, he said. The parole board had made a recommendation regarding Derby-Lewis, but this information had not yet reached the NCCS. Its next sitting would be at the end of October, when Derby-Lewis's case might be tabled, said Mbananga.
Source: Times Live
Zuma's son says he will give away shares
BUSINESSMAN and son of President Jacob Zuma, Duduzane, has defended his role in black economic empowerment deals and promised to give away 70 percent of his stake in ArcelorMittal SA deal. "I am very pleased to announce that I have decided to forgo 70 percent of my proposed allocation and spread it among other South Africans who are needy and disadvantaged like I once was," Zuma said. He said his close business allies, the Gupta family, had also agreed to give 70 percent of their own allocation in the Amsa deal.
Zuma said he would set up a broad-based share scheme for disadvantaged South Africans to distribute shares in the controversial Amsa deal. He said his Mabengela Empowerment Trust was worth more than R1 billion. A share would go to widows and widowers, orphans and dependants of police who died in the line of duty since April 27 1994. Another would go to a bursary fund for under-privileged students studying at universities. "The inaugural award will go to the University of Johannesburg. We will particularly target universities in historically disadvantaged areas or universities with a large proportion of students from historically disadvantaged communities," Zuma said. A portion would go towards support of women in rural communities and pay for the education of orphans in all provinces.
Zuma has been chastised by Cosatu after he was announced as one of the beneficiaries in Amsa's black economic empowerment deal worth more than R9billion. Cosatu general secretary Zwelinzima Vavi said: "The open way in which prominent 'business figures', linked to top political leaders, deepen perceptions that there is blatantly abuse of power to concoct illegitimate business deals worth billions of rands."
Zuma defended his involvement in the deal, saying that it had nothing to do with the fact that his father was president of the country. "I would like to point out that I was in business long before my father was president," he said. "I am a businessman in my own right." He said he had "never done business with government" and that hard work and dedication had helped him establish himself in business.
Source: The Sowetan
Zuma said he would set up a broad-based share scheme for disadvantaged South Africans to distribute shares in the controversial Amsa deal. He said his Mabengela Empowerment Trust was worth more than R1 billion. A share would go to widows and widowers, orphans and dependants of police who died in the line of duty since April 27 1994. Another would go to a bursary fund for under-privileged students studying at universities. "The inaugural award will go to the University of Johannesburg. We will particularly target universities in historically disadvantaged areas or universities with a large proportion of students from historically disadvantaged communities," Zuma said. A portion would go towards support of women in rural communities and pay for the education of orphans in all provinces.
Zuma has been chastised by Cosatu after he was announced as one of the beneficiaries in Amsa's black economic empowerment deal worth more than R9billion. Cosatu general secretary Zwelinzima Vavi said: "The open way in which prominent 'business figures', linked to top political leaders, deepen perceptions that there is blatantly abuse of power to concoct illegitimate business deals worth billions of rands."
Zuma defended his involvement in the deal, saying that it had nothing to do with the fact that his father was president of the country. "I would like to point out that I was in business long before my father was president," he said. "I am a businessman in my own right." He said he had "never done business with government" and that hard work and dedication had helped him establish himself in business.
Source: The Sowetan
Cele landlord faces ruin
PRETORIA businessman Roux Shabangu says he faces financial ruin while investigations into the leasing of his two buildings in the city and in Durban to the SA Police Service continue. Speaking to Sowetan at his offices in Centurion, Shabangu said he was losing R10 million a month while the Special Investigations Unit and Public Protector Thuli Madonsela investigated if there were any irregularities in the leases signed between him and the SAPS.
President Jacob Zuma ordered the investigations last month following a public outcry about General Bheki Cele having authorised the leases - R500 million for the Sanlam Middestad Centre in Pretoria and the Transnet Building in Durban for more than R200 million - without tenders. Shabangu said as far as he was concerned the lease agreements he signed with the Department of Public Works were binding and he would go to court. "There is no turning back. I can't go back to the bank and the seller and say I'm sorry the deal fell through. "The contractors are already on site and have done more than 60 percent of the work. Unfortunately, we could not stop the work. "But how is it possible that all leases are legitimate except mine? This despite the fact that 80 percent of leases signed by the DPW followed the same procedure?" Shabangu asked.
He said he was paying R3 million and R5 million for the bonds. He had also set aside R2 million for renovations. The SAPS were supposed to move in in November. The media-shy billionaire, with interests in property and mining, said the bank was already threatening him with legal action because he could not honour contractual obligations. He said he started negotiating the leases before Cele took over. Shabangu said he met General Hamilton Hlela who told him the police were looking to build their own headquarters and not rent anymore. "After making a presentation to Hlela and his colleagues, he told me he liked it but it had to go through several processes including Department of Public Works. I then went to the seller and paid a deposit of R1 million before I even signed the deeds of sale," he said.
The Sunday Times reported last month that Shabangu had bought the property shortly before it was leased by the department for the police. He said he bought the building in April and the lease was signed on July 20 between the lawyers of the department and Roux Property Fund. On July 26 the department confirmed that everything was above board. It reads: "This letter serves to confirm that the Department of Public Works has complied with all the internal processes..." But on August 10 he received another letter from the department's director-general Siviwe Dongwana stating the lease had been suspended pending an investigation. "The department now has reason to believe that not all the procurement processes were followed," says part of the letter.
Shabangu said the department could not reverse the process. "That could be a serious legal issue and a financial disaster on the department's side because they entered into a legal and binding agreement with the Roux Property Fund," he said.
Source: The Sowetan
President Jacob Zuma ordered the investigations last month following a public outcry about General Bheki Cele having authorised the leases - R500 million for the Sanlam Middestad Centre in Pretoria and the Transnet Building in Durban for more than R200 million - without tenders. Shabangu said as far as he was concerned the lease agreements he signed with the Department of Public Works were binding and he would go to court. "There is no turning back. I can't go back to the bank and the seller and say I'm sorry the deal fell through. "The contractors are already on site and have done more than 60 percent of the work. Unfortunately, we could not stop the work. "But how is it possible that all leases are legitimate except mine? This despite the fact that 80 percent of leases signed by the DPW followed the same procedure?" Shabangu asked.
He said he was paying R3 million and R5 million for the bonds. He had also set aside R2 million for renovations. The SAPS were supposed to move in in November. The media-shy billionaire, with interests in property and mining, said the bank was already threatening him with legal action because he could not honour contractual obligations. He said he started negotiating the leases before Cele took over. Shabangu said he met General Hamilton Hlela who told him the police were looking to build their own headquarters and not rent anymore. "After making a presentation to Hlela and his colleagues, he told me he liked it but it had to go through several processes including Department of Public Works. I then went to the seller and paid a deposit of R1 million before I even signed the deeds of sale," he said.
The Sunday Times reported last month that Shabangu had bought the property shortly before it was leased by the department for the police. He said he bought the building in April and the lease was signed on July 20 between the lawyers of the department and Roux Property Fund. On July 26 the department confirmed that everything was above board. It reads: "This letter serves to confirm that the Department of Public Works has complied with all the internal processes..." But on August 10 he received another letter from the department's director-general Siviwe Dongwana stating the lease had been suspended pending an investigation. "The department now has reason to believe that not all the procurement processes were followed," says part of the letter.
Shabangu said the department could not reverse the process. "That could be a serious legal issue and a financial disaster on the department's side because they entered into a legal and binding agreement with the Roux Property Fund," he said.
Source: The Sowetan
Sunday, September 12, 2010
Afriforum drops court case over ANCYL military training
AfriForum has withdrawn an urgent court application against Defence and Military Veterans Minister Lindiwe Sisulu, after she decided not to give the ANC Youth League and Young Communists’ League military training. It had applied for an the urgent interdict to review Sisulu’s decision to send the youth organisations’ leaders on a two week special programme at Saldanha Navy Base, in the Western Cape. This was to enable the youth to experience the curriculum and activities of national service. “Serious concerns were raised at the time as a result of parallels drawn with [Zimbabwe President] Robert Mugabe’s militia training for Zanu-PF youths in Zimbabwe,” AfriForum’s legal representative Willie Spies said in a statement on Sunday.
He said it was a pity that AfriForum had to make a court application to get answers from the minister. “This would not have been necessary if the minister showed the basic courtesy of responding to letters addressed to her.” Spies said Sisulu had made her latest declaration under oath. “If it appears at any stage that the minister wants to continue with her initial plans, AfriForum will re-enroll the urgent application immediately.”
AfriForum would apply this week for a new court date to argue the issue of costs, he said. On Friday, Sisulu’s spokesman Ndivhuwo Mbaya said a national service two week special programme designed for the leadership of all youth organisations would continue as soon as all logistics and consultation processes had been concluded.
Source: Times Live
He said it was a pity that AfriForum had to make a court application to get answers from the minister. “This would not have been necessary if the minister showed the basic courtesy of responding to letters addressed to her.” Spies said Sisulu had made her latest declaration under oath. “If it appears at any stage that the minister wants to continue with her initial plans, AfriForum will re-enroll the urgent application immediately.”
AfriForum would apply this week for a new court date to argue the issue of costs, he said. On Friday, Sisulu’s spokesman Ndivhuwo Mbaya said a national service two week special programme designed for the leadership of all youth organisations would continue as soon as all logistics and consultation processes had been concluded.
Source: Times Live
Saturday, September 11, 2010
Hijacking ends in death in the road
An alleged hijacker was shot dead in Durban on Friday evening, KwaZulu Natal paramedics said. "The man, in his late 20s, allegedly hijacked a small sedan motor vehicle at approximately 8pm," ER24 spokesman Andre Visser said. "The owner of the vehicle then promptly informed his contracted vehicle recovery unit who where able to locate the vehicle using the tracking device. "A chase then ensued on the corners Princess Alice and Francious Avenue where the hijacked vehicle came to an abrupt stop," he said.
The hijacker then jumped out of the vehicle, attempting to flee but to no avail as he was shot. When paramedics arrived at the scene the man had no pulse and was not breathing. He was then declared dead at the scene.
Source: IoL
The hijacker then jumped out of the vehicle, attempting to flee but to no avail as he was shot. When paramedics arrived at the scene the man had no pulse and was not breathing. He was then declared dead at the scene.
Source: IoL
DA calls for investigation into awarding of surveillance tender
The Democratic Alliance (DA) in Tshwane has called for an independent investigation into the awarding of a surveillance tender to a company that was excluded from the bid. Massive tender irregularities have been revealed in court papers submitted by Omega Risk Solutions in the North Gauteng High court. It is alleged the Tshwane council’s bid adjudication committee ignored claims that recommendation documents had been tampered with.
Independent consultancy Techso found Morubisi did not meet the tender’s technical specifications and its quote was R20 million more expensive. Techso recommended the R100 million contract be awarded to Omega. But when the committee met in February, the recommendation had been altered to say Omega was excluded and Morubisi was the preferred bidder. Despite Techso raising this concern with the committee, it awarded the tender to Morubisi.
The DA’s Karen Meyer said, “It is clear from the evidence provided in court that the city’s functionaries attempted to obtain false information with which to disqualify Omega, as well as doctored documents.” Omega declined to comment and the Tshwane council and Morubisi have not responded to any questions.
Source: Eye Witness News
Independent consultancy Techso found Morubisi did not meet the tender’s technical specifications and its quote was R20 million more expensive. Techso recommended the R100 million contract be awarded to Omega. But when the committee met in February, the recommendation had been altered to say Omega was excluded and Morubisi was the preferred bidder. Despite Techso raising this concern with the committee, it awarded the tender to Morubisi.
The DA’s Karen Meyer said, “It is clear from the evidence provided in court that the city’s functionaries attempted to obtain false information with which to disqualify Omega, as well as doctored documents.” Omega declined to comment and the Tshwane council and Morubisi have not responded to any questions.
Source: Eye Witness News
ANC Fires 'Renegade' Mpumalanga Mayor
The mayor of Mpumalanga's economic powerhouse, Emalahleni (Witbank), has been sacked for breaking party ranks and taking legal action against the ANC. Linah Malatjie is the first mayor to become a casualty of the party's resolution that members who challenge it in court be dismissed.
Last month, African National Congress (ANC) secretary-general Gwede Mantashe released a statement declaring that it was a dismissible offence in the ANC to take the party to court "when all the organisational processes have not been exhausted". The dismissal letter sent to Malatjie was personally drafted by Mantashe on August 30.
On Thursday, the ANC in Mpumalanga sent her the letter following her decision to challenge the ANC in court for an internal disciplinary hearing relating to a charge dating back to 2008. “We called her to a disciplinary hearing in 2008 for a number of charges, which included voting with the opposition (Democratic Alliance) in a motion that was raised by the ANC. As our deployee, she had a duty to vote in favour of motions raised by the ANC. Instead, on attending the disciplinary hearing, she challenged the ANC through a court interdict, where she also mentioned that the ANC was divided and had factions in the province,” said Paul Mbenyane, spokesman for the ANC in Mpumalanga. He said it had taken significant time to dismiss Malatjie because the ANC had ensured that all the necessary processes had to be completed. “There are so many processes to be followed before you dismiss a person. We did not want to be dragged through the labour courts for unfair dismissal. We had to follow procedures, which takes time,” he explained.
Mbenyane said Malatjie's ANC membership had also been revoked and that the provincial executive committee would convene an urgent meeting to find a replacement for her.
Emalahleni municipal spokesman Lebo Mofokeng said Malatjie received the dismissal letter on Thursday. “We are obviously shocked, as the municipality, to receive such news," he said. "We are not in a position to comment at the present moment. I can only say that we will wait for the ANC to give us a replacement mayor.” Malatjie was not immediately available for comment on Friday, as her cellphone was off.
DA councillor Koos Venter said Malatjie's sacking was a result of infighting. “Malatjie’s sacking has nothing to do with voting with the opposition or service delivery, but more to do with the fact that she finds herself outside the dominant faction within the ANC. Residents of Emalahleni must realise that the real contest is not a choice between rival factions within the ANC, but rather between a party at war with itself,” he said. He also blamed Malatjie for bringing the municipality to the brink of collapse. “Under her leadership, the community of Emalahleni is faced with ... critical problems on a continual basis," he said.
This, he said, included repeated power outages and chronic water shortages lasting up to five days at a time. The ANC appears to be clamping down on public litigation between its members following the acrimonious showdown between the former Limpopo chairperson of the ANC Youth League, Lehlogonolo Masoga, and the league's current leadership.
Masoga was hauled before the ANCYL's national disciplinary committee for violating its code of conduct after he complained that votes were rigged by league president Julius Malema in favour of Frans Moswane during its Limpopo conference in Louis Trichardt in April. Police had to intervene when violence broke out at the conference. Masoga was charged with insubordination and called to the disciplinary hearing. Instead, he took the matter to the courts, challenging the legitimacy of the hearing. Masoga withdrew the case on July 14 when the ANC intervened and, on July 19, he was expelled from the ANCYL.
Source: Capital
Last month, African National Congress (ANC) secretary-general Gwede Mantashe released a statement declaring that it was a dismissible offence in the ANC to take the party to court "when all the organisational processes have not been exhausted". The dismissal letter sent to Malatjie was personally drafted by Mantashe on August 30.
On Thursday, the ANC in Mpumalanga sent her the letter following her decision to challenge the ANC in court for an internal disciplinary hearing relating to a charge dating back to 2008. “We called her to a disciplinary hearing in 2008 for a number of charges, which included voting with the opposition (Democratic Alliance) in a motion that was raised by the ANC. As our deployee, she had a duty to vote in favour of motions raised by the ANC. Instead, on attending the disciplinary hearing, she challenged the ANC through a court interdict, where she also mentioned that the ANC was divided and had factions in the province,” said Paul Mbenyane, spokesman for the ANC in Mpumalanga. He said it had taken significant time to dismiss Malatjie because the ANC had ensured that all the necessary processes had to be completed. “There are so many processes to be followed before you dismiss a person. We did not want to be dragged through the labour courts for unfair dismissal. We had to follow procedures, which takes time,” he explained.
Mbenyane said Malatjie's ANC membership had also been revoked and that the provincial executive committee would convene an urgent meeting to find a replacement for her.
Emalahleni municipal spokesman Lebo Mofokeng said Malatjie received the dismissal letter on Thursday. “We are obviously shocked, as the municipality, to receive such news," he said. "We are not in a position to comment at the present moment. I can only say that we will wait for the ANC to give us a replacement mayor.” Malatjie was not immediately available for comment on Friday, as her cellphone was off.
DA councillor Koos Venter said Malatjie's sacking was a result of infighting. “Malatjie’s sacking has nothing to do with voting with the opposition or service delivery, but more to do with the fact that she finds herself outside the dominant faction within the ANC. Residents of Emalahleni must realise that the real contest is not a choice between rival factions within the ANC, but rather between a party at war with itself,” he said. He also blamed Malatjie for bringing the municipality to the brink of collapse. “Under her leadership, the community of Emalahleni is faced with ... critical problems on a continual basis," he said.
This, he said, included repeated power outages and chronic water shortages lasting up to five days at a time. The ANC appears to be clamping down on public litigation between its members following the acrimonious showdown between the former Limpopo chairperson of the ANC Youth League, Lehlogonolo Masoga, and the league's current leadership.
Masoga was hauled before the ANCYL's national disciplinary committee for violating its code of conduct after he complained that votes were rigged by league president Julius Malema in favour of Frans Moswane during its Limpopo conference in Louis Trichardt in April. Police had to intervene when violence broke out at the conference. Masoga was charged with insubordination and called to the disciplinary hearing. Instead, he took the matter to the courts, challenging the legitimacy of the hearing. Masoga withdrew the case on July 14 when the ANC intervened and, on July 19, he was expelled from the ANCYL.
Source: Capital
Thursday, September 9, 2010
'Fake Letter' Official gets Death Threats
The government official caught at the centre of the controversy surrounding journalist Mzilikazi wa Afrika's arrest has apparently been receiving death threats. Victor Mlimi, a Mbombela councillor and deputy director in Mpumalanga's housing department, says that he has been suspended from his government post on 54 "trumped up" misconduct charges and has also received telephonic death threats.
Mlimi was arrested and charged alongside Wa Afrika on fraud, forgery and uttering (circulating fraudulent items) charges for supposedly being in possession of an alleged fake letter of resignation from Premier David Mabuza to President Jacob Zuma. The charges were provisionally withdrawn on Wednesday, to allow the State to properly investigate the allegations and the actual role played by Wa Afrika and Mlimi in the controversy. “It is strange that I was arrested and charged for a document that was not in my possession. This case has made my life difficult because since I was arrested I've received death threats from faceless people. I was also suspended two weeks ago, on very strange charges," Mlimi told African Eye News Service (AENS). He said he had neither reported the threats to the police nor had he hired private security. “What is the point of reporting death threats to the police in this province? They are the people who arrested me. They are probably on the payroll of the person who is behind the whole mess here," he said.
Mlimi said he also received death threats in 2005, when he protested against intimidation during the election of a chairperson of the ANC Ehlanzeni regional executive council that year. He said. more recently, he was accused of paying the R8 000 bail of former ANC member James Nkambule, now COPE's chairman in Ehlanzeni, after his arrest in March. Nkambule was arrested for supposedly obstructing justice, fraud and forgery after claiming to be in possession of a hit-list of politicians and officials believed to be critical of the provincial government. Nkambule claimed that the list was drafted by a hitman, known only as 'Josh', who had been hired by a high-level but unnamed politician.
Mlimi's name was on the list, along with the assassinated speaker of the Mbombela local municipality Jimmy Mohlala, who was investigating tender irregularities around the Mbombela Stadium. “My only mistake was to attend Nkambule's court appearance, not knowing that the next time I came to court I would be an accused in [this] strange political case,” he said.
Mlimi declined to say on Wednesday whether he intended suing for defamation or other damages after the charges were withdrawn this week. Wa Afrika has indicated that he intends suing individuals in both government and political parties. He refused to name the people.
Premier Mabuza's office has, however, made a number of public statements accusing Nkambule and Wa Afrika of undermining government and participating in a campaign to unseat Mabuza. The provincial ANC Youth League and the South African National Civic Organisation have gone further and accused the two of being 'traitors'. Mabuza's spokesman, Mabutho Sithole, this week refused to comment of the withdrawal of charges. Provincial ANCY spokesman Ozzy Ronald Lamola said however that it is "disappointing" to hear that Wa Afrika was a free man. “Our disappointment stems from the fact that he was accused of a very dangerous crime that warranted him being charged with high treason. We, however, respect the due process of the law and hope that he is not off the hook as we believe that the investigation will confirm that he must indeed be charged with high treason,” said Lamola.
Sanco provincial treasurer Raymond Makamo accused the National Prosecuting Authority (NPA) of bowing to public pressure by withdrawing the charges against Wa Afrika. “Why did they charge him in the first place if they did not have enough evidence against him? We believe that there is a case against Wa Afrika,” said Makamo.
After Mlimi and Wa Afrika's brief court appearance on Wednesday, the NPA returned Wa Afrika's passport, notebooks and other documents that were confiscated from his house when he was arrested on August 4.
Source: Capital
Mlimi was arrested and charged alongside Wa Afrika on fraud, forgery and uttering (circulating fraudulent items) charges for supposedly being in possession of an alleged fake letter of resignation from Premier David Mabuza to President Jacob Zuma. The charges were provisionally withdrawn on Wednesday, to allow the State to properly investigate the allegations and the actual role played by Wa Afrika and Mlimi in the controversy. “It is strange that I was arrested and charged for a document that was not in my possession. This case has made my life difficult because since I was arrested I've received death threats from faceless people. I was also suspended two weeks ago, on very strange charges," Mlimi told African Eye News Service (AENS). He said he had neither reported the threats to the police nor had he hired private security. “What is the point of reporting death threats to the police in this province? They are the people who arrested me. They are probably on the payroll of the person who is behind the whole mess here," he said.
Mlimi said he also received death threats in 2005, when he protested against intimidation during the election of a chairperson of the ANC Ehlanzeni regional executive council that year. He said. more recently, he was accused of paying the R8 000 bail of former ANC member James Nkambule, now COPE's chairman in Ehlanzeni, after his arrest in March. Nkambule was arrested for supposedly obstructing justice, fraud and forgery after claiming to be in possession of a hit-list of politicians and officials believed to be critical of the provincial government. Nkambule claimed that the list was drafted by a hitman, known only as 'Josh', who had been hired by a high-level but unnamed politician.
Mlimi's name was on the list, along with the assassinated speaker of the Mbombela local municipality Jimmy Mohlala, who was investigating tender irregularities around the Mbombela Stadium. “My only mistake was to attend Nkambule's court appearance, not knowing that the next time I came to court I would be an accused in [this] strange political case,” he said.
Mlimi declined to say on Wednesday whether he intended suing for defamation or other damages after the charges were withdrawn this week. Wa Afrika has indicated that he intends suing individuals in both government and political parties. He refused to name the people.
Premier Mabuza's office has, however, made a number of public statements accusing Nkambule and Wa Afrika of undermining government and participating in a campaign to unseat Mabuza. The provincial ANC Youth League and the South African National Civic Organisation have gone further and accused the two of being 'traitors'. Mabuza's spokesman, Mabutho Sithole, this week refused to comment of the withdrawal of charges. Provincial ANCY spokesman Ozzy Ronald Lamola said however that it is "disappointing" to hear that Wa Afrika was a free man. “Our disappointment stems from the fact that he was accused of a very dangerous crime that warranted him being charged with high treason. We, however, respect the due process of the law and hope that he is not off the hook as we believe that the investigation will confirm that he must indeed be charged with high treason,” said Lamola.
Sanco provincial treasurer Raymond Makamo accused the National Prosecuting Authority (NPA) of bowing to public pressure by withdrawing the charges against Wa Afrika. “Why did they charge him in the first place if they did not have enough evidence against him? We believe that there is a case against Wa Afrika,” said Makamo.
After Mlimi and Wa Afrika's brief court appearance on Wednesday, the NPA returned Wa Afrika's passport, notebooks and other documents that were confiscated from his house when he was arrested on August 4.
Source: Capital
'We'll bring Parliament to standstill'
Parliament has been warned that its operations will come to a standstill if workers' demand for a 10 percent wage increase is not met. Parliamentary workers have been on a go-slow and staging pickets for a week since negotiations reached deadlock on August 11.
The National Education, Health and Allied Workers Union (Nehawu) said on Wednesday that work in committees would grind to a halt as clerks and secretaries are set to join the action on Thursday. Parliament on Wednesday sent out an e-mail to employees stating that despite the union's demands, its tabled offer of a 7 percent increase would be implemented on October 15. Workers are demanding a 10 percent increase.
Nehawu's spokesman at Parliament, Tebogo Tsheole, said this was a clear indication that employees were not being taken seriously. They now had no option but to resort to a full-blown strike which would prevent Parliament from working. "There is no democracy in Parliament, which is supposed to embody it. The workers are united - work at Parliament will come to a standstill," said shop-steward Disang Mocumi.
On Tuesday, Nehawu handed a memorandum of demands to Parliament's chief operations officer, Tango Lamani. Thursday evening Lamani said he was not aware of the developments as he was in Johannesburg. Hundreds of employees demonstrated outside Parliament on Wednesday. But Parliament spokesman Luzuko Jacobs said the offer would not be reconsidered.
Source: IoL
The National Education, Health and Allied Workers Union (Nehawu) said on Wednesday that work in committees would grind to a halt as clerks and secretaries are set to join the action on Thursday. Parliament on Wednesday sent out an e-mail to employees stating that despite the union's demands, its tabled offer of a 7 percent increase would be implemented on October 15. Workers are demanding a 10 percent increase.
Nehawu's spokesman at Parliament, Tebogo Tsheole, said this was a clear indication that employees were not being taken seriously. They now had no option but to resort to a full-blown strike which would prevent Parliament from working. "There is no democracy in Parliament, which is supposed to embody it. The workers are united - work at Parliament will come to a standstill," said shop-steward Disang Mocumi.
On Tuesday, Nehawu handed a memorandum of demands to Parliament's chief operations officer, Tango Lamani. Thursday evening Lamani said he was not aware of the developments as he was in Johannesburg. Hundreds of employees demonstrated outside Parliament on Wednesday. But Parliament spokesman Luzuko Jacobs said the offer would not be reconsidered.
Source: IoL
Zimbabwe seeks R3bn loan from SA
Zimbabwe is seeking R3,2 billion in an overdraft and credit facility from South Africa as the country battles to reverse the effects of a decade-long political and economic crisis, Finance Minister Tendai Biti said yesterday.
A power-sharing government set up last year by bitter rivals President Robert Mugabe, pictured, and Prime Minister Morgan Tsvangirai has stabilised an economy ravaged by hyperinflation, which peaked at 500 billion percent in December 2008. But the government says it needs at least R72 billion for reconstruction. Biti told business executives in Harare that the government was looking to negotiate with South Africa's government for financial assistance after agreeing terms for a R509 million credit line with Botswana.
Zimbabwe has so far failed to attract significant funds from Western donors, who are demanding more reforms before providing aid to the unity government.
Source: Sowetan
A power-sharing government set up last year by bitter rivals President Robert Mugabe, pictured, and Prime Minister Morgan Tsvangirai has stabilised an economy ravaged by hyperinflation, which peaked at 500 billion percent in December 2008. But the government says it needs at least R72 billion for reconstruction. Biti told business executives in Harare that the government was looking to negotiate with South Africa's government for financial assistance after agreeing terms for a R509 million credit line with Botswana.
Zimbabwe has so far failed to attract significant funds from Western donors, who are demanding more reforms before providing aid to the unity government.
Source: Sowetan
An audience with the GRI's Mervyn King
Interview with the author of South Africa’s King reports, chair of the GRI and Nelson Mandela’s favorite judge
In 1992, as South Africa was embarking on the path to real democracy, the private sector saw that it, too, needed a new system of governance. Mervyn King, a veteran corporate lawyer and a former Supreme Court judge (he resigned after a row with then prime minister PW Botha in 1980), was tapped for the job.
King was chairman of the Frame Group, a textile giant, and executive chairman of First National Bank’s corporate and investment banking group, as well as being involved in a range of charitable endeavors.
‘I’m too busy,’ he demurred – but then the phone rang and he heard Nelson Mandela’s gruff voice: ‘How’s my favorite judge?’ That was when King knew he would help remake South Africa’s corporate governance. He formed what duly became the King Committee, authoring the King I report (1994), King II (2002) and King III (2009).
Earlier this year, as chairman of the Global Reporting Initiative (GRI), King visited New York, where he sat down with IR magazine’s Neil Stewart.
I remember landing in South Africa on April 27, 2004 and hearing on the radio the celebrations of ten years of democracy. Your country had become an example to the world. As for corporate governance, this small economy was punching way above its weight. How did South Africa go from pariah to a model of best practice?
I formed the King Committee just when the majority of our citizens needed guidance on how to operate in the economy because they’d never been in the economy. We couldn’t just cookie-cut what the UK or America had done. Instead we developed an inclusive approach to governance, taking account of the legitimate interests and expectations of the stakeholders in the decision-making process. That was the basis of King I in 1994, and the concept went around the world like wildfire.
Since then the corporate world has joined the sustainability movement, and so have you. Is Mervyn King the personification of the convergence of environmental, social and governance factors?
Going back to the Earth Summit in Rio de Janeiro in 1992, we realized the planet was going into crisis. The penny dropped and I suddenly saw that corporations had a huge role to play in making life on earth sustainable. I became passionate about it, and by 2002, when the Earth Summit took place in Johannesburg, we knew we had to rewrite the King Code. However, we made a mistake: we wrote a separate chapter on sustainability reporting and in consequence, companies started reporting on sustainability in a silo, rather than integrating it.
In King III, we corrected that mistake. I directed my committee on the basis that the cornerstone has got to be that governance, strategy and sustainability are inseparable; companies have to integrate them into the very fabric, the very rhythm or DNA of their business.
Did the financial crisis set back or advance the sustainability movement?
The financial crisis absolutely brought sustainability forward. It reinforced the idea that corporations are the greatest pool of human and monetary capital, and when a corporation fails, there’s a huge impact on society. On the other side of the coin, when you have a great corporate success, it impacts positively on society.
Look at the Coca-Cola Company, which operates in more than 150 countries. Around 10 years ago, when it opened a new bottling plant in the Indian state of Kerala, the water ran dry and Kerala sued Coke. Back in the boardroom in Atlanta, Coke’s directors realized that water was a risk factor in their business. To their credit, they started a long-term strategic plan summarized by the three Rs: reuse, replenish and recycle water. Now Coke recycles millions of liters of water around the world. Not only does it show that Coke is a good corporate citizen, so we keep drinking the product because of the company’s brand and reputation, but it also shows Warren Buffett and other investors that Coke has a long-term, sustainable business.
For hundreds of years, we had a ‘take, make and waste’ economy based on two false assumptions: that the planet has infinite resources, and that it has an infinite capacity to absorb waste. Wrong!
Another example: Procter & Gamble. There are 800 mn to 900 mn babies in the world, each using six to eight disposable diapers a day. Diapers covered in a chemical that’s toxic to water are going into landfills. So P&G – whose tagline is that they touch the lives of people around the world, 3 bn times a day – is spending millions on R&D to make a disposable diaper with less harmful chemicals. If that moves to the biodegradable disposable diaper, they’ll knock their competitors right out of the market.
What are investors doing to help shoulder these responsibilities?
Capital markets today are electronic and borderless. With the click of a mouse capital flows in, or it flows out. Institutional investors can make or destroy a market. Today major shareholders have more obligations than rights. A pension fund has to think about its beneficiaries and its responsibility to them when they retire in 25 or 30 years. They have to look at every company they invest in and ask, ‘Is this business sustainable?’
It’s a whole new way of thinking. Around the world, stewardship codes are being developed to guide the way financial institutions should act. Look at the UK, where stewardship is being incorporated into the Combined Code, or South Africa, which has just finalized the latest draft of a responsible investing code.
Can South Africa teach the rest of the world a lesson in corporate citizenship?
I’ll say this not as chairman of the King Committee, but rather repeating the words of Adrian Cadbury: King III is at the forefront of governance. In fact, King III is being referred to in reformulating the Combined Code in the UK.
South Africa may have a current account deficit, but capital keeps flowing into the country. Every working day the JSE securities exchange does about $2.5 bn in equity trades. A large part of that is foreign institutional money coming in. Why? CalPERS, Hermes, Templeton – they all say they invest in South African firms because they regard our listed companies as among the best governed in the world. And they are.
One last thing I have to know: how did you come to be Mandela’s favorite judge?
I think he used that phrase as a motivational tool! In the late 50s and early 60s, when I was a clerk and a young attorney, Mandela and Oliver Tambo practiced as attorneys in a little building opposite our lower court in Johannesburg. In the courts in those days, whites and blacks were separated by a divider. We were ‘learned friends’, but as a young white attorney, I could not have practiced in the same place as Mandela. This wicked absurdity amused him.
Later, after Mandela went to jail, I became chairman of Operation Hunger. The foreign press was reporting on what was happening because of apartheid in the urban areas, but the real suffering was in the rural areas, where children were starving. Through a businessmen’s ‘executive club’, we raised R10 mn ($1.4 mn) a year and fed 2.5 mn children every day for years. Mandela’s daughter Zindzi worked with me in Operation Hunger, so he knew of our work through his family. To this day we have a great relationship.
Over the last several months King has addressed the European parliament on the possibility of one set of integrated reporting across Europe; he is also one of the World Bank’s private sector advisers on corporate governance and chairman of the committee reviewing the UN’s governance after the food for oil scandal. He is the author of Transient Caretakers (with Teodorina Lessidrenska) and The Corporate Citizen.
Source: IR Magazine
In 1992, as South Africa was embarking on the path to real democracy, the private sector saw that it, too, needed a new system of governance. Mervyn King, a veteran corporate lawyer and a former Supreme Court judge (he resigned after a row with then prime minister PW Botha in 1980), was tapped for the job.
King was chairman of the Frame Group, a textile giant, and executive chairman of First National Bank’s corporate and investment banking group, as well as being involved in a range of charitable endeavors.
‘I’m too busy,’ he demurred – but then the phone rang and he heard Nelson Mandela’s gruff voice: ‘How’s my favorite judge?’ That was when King knew he would help remake South Africa’s corporate governance. He formed what duly became the King Committee, authoring the King I report (1994), King II (2002) and King III (2009).
Earlier this year, as chairman of the Global Reporting Initiative (GRI), King visited New York, where he sat down with IR magazine’s Neil Stewart.
I remember landing in South Africa on April 27, 2004 and hearing on the radio the celebrations of ten years of democracy. Your country had become an example to the world. As for corporate governance, this small economy was punching way above its weight. How did South Africa go from pariah to a model of best practice?
I formed the King Committee just when the majority of our citizens needed guidance on how to operate in the economy because they’d never been in the economy. We couldn’t just cookie-cut what the UK or America had done. Instead we developed an inclusive approach to governance, taking account of the legitimate interests and expectations of the stakeholders in the decision-making process. That was the basis of King I in 1994, and the concept went around the world like wildfire.
Since then the corporate world has joined the sustainability movement, and so have you. Is Mervyn King the personification of the convergence of environmental, social and governance factors?
Going back to the Earth Summit in Rio de Janeiro in 1992, we realized the planet was going into crisis. The penny dropped and I suddenly saw that corporations had a huge role to play in making life on earth sustainable. I became passionate about it, and by 2002, when the Earth Summit took place in Johannesburg, we knew we had to rewrite the King Code. However, we made a mistake: we wrote a separate chapter on sustainability reporting and in consequence, companies started reporting on sustainability in a silo, rather than integrating it.
In King III, we corrected that mistake. I directed my committee on the basis that the cornerstone has got to be that governance, strategy and sustainability are inseparable; companies have to integrate them into the very fabric, the very rhythm or DNA of their business.
Did the financial crisis set back or advance the sustainability movement?
The financial crisis absolutely brought sustainability forward. It reinforced the idea that corporations are the greatest pool of human and monetary capital, and when a corporation fails, there’s a huge impact on society. On the other side of the coin, when you have a great corporate success, it impacts positively on society.
Look at the Coca-Cola Company, which operates in more than 150 countries. Around 10 years ago, when it opened a new bottling plant in the Indian state of Kerala, the water ran dry and Kerala sued Coke. Back in the boardroom in Atlanta, Coke’s directors realized that water was a risk factor in their business. To their credit, they started a long-term strategic plan summarized by the three Rs: reuse, replenish and recycle water. Now Coke recycles millions of liters of water around the world. Not only does it show that Coke is a good corporate citizen, so we keep drinking the product because of the company’s brand and reputation, but it also shows Warren Buffett and other investors that Coke has a long-term, sustainable business.
For hundreds of years, we had a ‘take, make and waste’ economy based on two false assumptions: that the planet has infinite resources, and that it has an infinite capacity to absorb waste. Wrong!
Another example: Procter & Gamble. There are 800 mn to 900 mn babies in the world, each using six to eight disposable diapers a day. Diapers covered in a chemical that’s toxic to water are going into landfills. So P&G – whose tagline is that they touch the lives of people around the world, 3 bn times a day – is spending millions on R&D to make a disposable diaper with less harmful chemicals. If that moves to the biodegradable disposable diaper, they’ll knock their competitors right out of the market.
What are investors doing to help shoulder these responsibilities?
Capital markets today are electronic and borderless. With the click of a mouse capital flows in, or it flows out. Institutional investors can make or destroy a market. Today major shareholders have more obligations than rights. A pension fund has to think about its beneficiaries and its responsibility to them when they retire in 25 or 30 years. They have to look at every company they invest in and ask, ‘Is this business sustainable?’
It’s a whole new way of thinking. Around the world, stewardship codes are being developed to guide the way financial institutions should act. Look at the UK, where stewardship is being incorporated into the Combined Code, or South Africa, which has just finalized the latest draft of a responsible investing code.
Can South Africa teach the rest of the world a lesson in corporate citizenship?
I’ll say this not as chairman of the King Committee, but rather repeating the words of Adrian Cadbury: King III is at the forefront of governance. In fact, King III is being referred to in reformulating the Combined Code in the UK.
South Africa may have a current account deficit, but capital keeps flowing into the country. Every working day the JSE securities exchange does about $2.5 bn in equity trades. A large part of that is foreign institutional money coming in. Why? CalPERS, Hermes, Templeton – they all say they invest in South African firms because they regard our listed companies as among the best governed in the world. And they are.
One last thing I have to know: how did you come to be Mandela’s favorite judge?
I think he used that phrase as a motivational tool! In the late 50s and early 60s, when I was a clerk and a young attorney, Mandela and Oliver Tambo practiced as attorneys in a little building opposite our lower court in Johannesburg. In the courts in those days, whites and blacks were separated by a divider. We were ‘learned friends’, but as a young white attorney, I could not have practiced in the same place as Mandela. This wicked absurdity amused him.
Later, after Mandela went to jail, I became chairman of Operation Hunger. The foreign press was reporting on what was happening because of apartheid in the urban areas, but the real suffering was in the rural areas, where children were starving. Through a businessmen’s ‘executive club’, we raised R10 mn ($1.4 mn) a year and fed 2.5 mn children every day for years. Mandela’s daughter Zindzi worked with me in Operation Hunger, so he knew of our work through his family. To this day we have a great relationship.
Over the last several months King has addressed the European parliament on the possibility of one set of integrated reporting across Europe; he is also one of the World Bank’s private sector advisers on corporate governance and chairman of the committee reviewing the UN’s governance after the food for oil scandal. He is the author of Transient Caretakers (with Teodorina Lessidrenska) and The Corporate Citizen.
Source: IR Magazine
Wednesday, September 8, 2010
Hawks boss questions viability of arms-deal probe
The head of the Hawks, Anwa Dramat, on Wednesday questioned whether it was in South Africa's interest to pursue the only two remaining investigations linked to the arms-deal scandal.
Dramat told Parliament's watchdog public accounts committee, Scopa, that both cases were dependent on obtaining information from other countries, and could therefore take up to 10 years to conclude. "These two legs await information from other authorities. But even with information from the said authorities, the question is whether it is in the best interest of the country to pursue these investigations, which will take at least five to 10 years and cost more than R10-million." He added, to the outrage of MPs: "That is for Parliament to take an executive decision on."
Dramat was referring to investigations into claims that senior South African officials took bribes from German and British arms-makers who secured tenders to sell the country German warships and Hawk jet trainers. He confirmed that a single investigator -- former Scorpions members Johan du Plooy -- has been working on the complex case involving the German Frigate Consortium.
In order to obtain the help of the German authorities, the Hawks asked the National Prosecuting Authority (NPA) to appoint a judge to issue a request for mutual legal assistance. The matter has since been referred to the Special Commercial Crimes Unit. "Those dockets were presented to the NPA in June," Dramat said, adding that the Hawks had no choice but to wait for the NPA's next move.
The second case, involving claims of bribes from Britain's BAE Systems, appeared similarly stalled, with the police waiting for a decision from the NPA on whether or not to proceed with charges, or to request further investigation. Dramat said together the two cases involved alleged illicit payments of about R480-million.
Opposition MPs charged that the state of play suggested authorities were dragging their feet and might be under political duress to drop any remaining probe into the scandal, which dates from more than a decade ago. "It is my impression ... that what we've heard today [Wednesday] is that there is an investigation where there are 460 boxes of documents, 4,7-million computer-generated documents and one investigator apparently assigned to that investigation," David Maynier from the Democratic Alliance said. "I conclude or infer from that that what we are dealing with here is a non-investigation. The inference is always that we are in a situation like this because there has been some kind of political interference."
He asked Dramat and NPA head Menzi Simelane whether President Jacob Zuma and current or former ministers had ever sought to influence the course of the investigations. Both Dramat and Simelane strenuously denied any political meddling.
Dramat said he had only met Zuma in person on one occasion, "and there was no discussion of any investigation with the president at all. I can confirm that at least on my side there has been no pressure or undue influence that has been placed on me in terms of this investigation." Simelane added: "The answer is no, I have never discussed any matter in the NPA with President Zuma." He added that he would not rush the cases to suit the opposition either. "The matter will be dealt with in accordance with the law and as reasonably and possibly as we can. We are not going to do anything that compromises any investigation just because it suits any individuals or parties that are interested in this matter."
Asked about his decision to order the Asset Forfeiture Unit (AFU) to abandon steps to freeze the foreign assets of former defence adviser Fana Hlongwane in the BAE investigation, Simelane again cited a lack of foreign cooperation among the obstacles encountered. Maynier quipped that the snail's pace at which both cases were proceeding suggested the "Hawks need a strong dose of investigative Red Bull".
The arms-deal investigations go back to the mid-1990s. In 2008, the Scorpions reopened the case involving BAE's sale of Hawk jet trainers to South Africa and raided the offices of Hlongwane and BAE's Pretoria premises at the end of that year. In February, Britain's Serious Fraud Office decided to settle bribery charges with arms manufacturer BAE Systems, raising concerns that the South African probe would hit a dead end. In March, Simelane ordered the AFU not to pursue an attempt to seize millions of rands held in Lichtenstein by Hlongwane, saying he was not convinced by the evidence against him.
Source: Mail & Guardian
Dramat told Parliament's watchdog public accounts committee, Scopa, that both cases were dependent on obtaining information from other countries, and could therefore take up to 10 years to conclude. "These two legs await information from other authorities. But even with information from the said authorities, the question is whether it is in the best interest of the country to pursue these investigations, which will take at least five to 10 years and cost more than R10-million." He added, to the outrage of MPs: "That is for Parliament to take an executive decision on."
Dramat was referring to investigations into claims that senior South African officials took bribes from German and British arms-makers who secured tenders to sell the country German warships and Hawk jet trainers. He confirmed that a single investigator -- former Scorpions members Johan du Plooy -- has been working on the complex case involving the German Frigate Consortium.
In order to obtain the help of the German authorities, the Hawks asked the National Prosecuting Authority (NPA) to appoint a judge to issue a request for mutual legal assistance. The matter has since been referred to the Special Commercial Crimes Unit. "Those dockets were presented to the NPA in June," Dramat said, adding that the Hawks had no choice but to wait for the NPA's next move.
The second case, involving claims of bribes from Britain's BAE Systems, appeared similarly stalled, with the police waiting for a decision from the NPA on whether or not to proceed with charges, or to request further investigation. Dramat said together the two cases involved alleged illicit payments of about R480-million.
Opposition MPs charged that the state of play suggested authorities were dragging their feet and might be under political duress to drop any remaining probe into the scandal, which dates from more than a decade ago. "It is my impression ... that what we've heard today [Wednesday] is that there is an investigation where there are 460 boxes of documents, 4,7-million computer-generated documents and one investigator apparently assigned to that investigation," David Maynier from the Democratic Alliance said. "I conclude or infer from that that what we are dealing with here is a non-investigation. The inference is always that we are in a situation like this because there has been some kind of political interference."
He asked Dramat and NPA head Menzi Simelane whether President Jacob Zuma and current or former ministers had ever sought to influence the course of the investigations. Both Dramat and Simelane strenuously denied any political meddling.
Dramat said he had only met Zuma in person on one occasion, "and there was no discussion of any investigation with the president at all. I can confirm that at least on my side there has been no pressure or undue influence that has been placed on me in terms of this investigation." Simelane added: "The answer is no, I have never discussed any matter in the NPA with President Zuma." He added that he would not rush the cases to suit the opposition either. "The matter will be dealt with in accordance with the law and as reasonably and possibly as we can. We are not going to do anything that compromises any investigation just because it suits any individuals or parties that are interested in this matter."
Asked about his decision to order the Asset Forfeiture Unit (AFU) to abandon steps to freeze the foreign assets of former defence adviser Fana Hlongwane in the BAE investigation, Simelane again cited a lack of foreign cooperation among the obstacles encountered. Maynier quipped that the snail's pace at which both cases were proceeding suggested the "Hawks need a strong dose of investigative Red Bull".
The arms-deal investigations go back to the mid-1990s. In 2008, the Scorpions reopened the case involving BAE's sale of Hawk jet trainers to South Africa and raided the offices of Hlongwane and BAE's Pretoria premises at the end of that year. In February, Britain's Serious Fraud Office decided to settle bribery charges with arms manufacturer BAE Systems, raising concerns that the South African probe would hit a dead end. In March, Simelane ordered the AFU not to pursue an attempt to seize millions of rands held in Lichtenstein by Hlongwane, saying he was not convinced by the evidence against him.
Source: Mail & Guardian
Tuesday, September 7, 2010
Mozambique: Government Reverses Major Increase in Price of Bread
The government has decided to reverse a major increase in the price of bread that helped set off deadly riots last week in a nation where poverty is widespread, Planning Minister Aiuba Cuerenei said Tuesday. He said that a subsidy would allow the price to be set at the previous level. Higher global prices for wheat had contributed to the government’s previous decision to raise the price of bread.
Source: New York Times
Source: New York Times
South Africa: Fraud Charges Against Journalist Withdrawn
After reviewing the evidence gathered by state investigators, the National Prosecuting Authority said Tuesday that charges would be withdrawn against a journalist for the Sunday Times, Mzilikazi wa Afrika, who was arrested last month on fraud charges just days after he was a co-author of an article that laid out what it described as a questionable property deal between South Africa’s police chief and a politically connected businessman. Prosecutors left the door open to refiling the charges if new evidence comes to light. The newspaper had described the arrest as an attempt at intimidation, and its editor said Tuesday that the police chief owed Mr. wa Afrika an apology.
Source: New York Times
Source: New York Times
NPA withdraws Wa Afrika charges
Charges against Sunday Times journalist Mzilikazi Wa Afrika and his co-accused Victor Mlimi will be provisionally withdrawn, a National Prosecuting Authority (NPA) spokesperson said on Tuesday. "The case docket containing evidential material was submitted to prosecutors in the NPA. After perusing the case docket we are of the view that it is desirable that the matter be fully investigated prior to taking a decision on whether or not to prosecute," read a statement by advocate Mthunzi Mhaga. "We therefore deem it appropriate that the charges be provisionally withdrawn pending further investigations."
They had faced charges of fraud, forgery and uttering after being arrested by members of the Mpumalanga police and the Directorate for Priority Crime Investigations, a division of the police known as the Hawks, in August. The arrest of the pair related to alleged possession of a resignation letter by Mpumalanga Premier David Mabuza, which the presidency has said is a fake. The NPA said once investigations had been concluded, the docket would be re-submitted and the case could be reinstated. The charges will be formally withdrawn on Wednesday.
Wa Afrika was arrested on August 4 as a debate on the possible introduction of a media tribunal and the Protection of Information Bill was underway at his employer's headquarters in Rosebank, Johannesburg. After being kept in custody, charges were withdrawn the following day, then reinstated. A court order issued by the North Gauteng High Court in Pretoria had him released ahead of his bail hearing. He was finally released on R5 000 bail after an appearance at the Nelspruit Regional Court on August 6. Mlimi is a deputy director for informal settlements in Mpumalanga.
Sunday Times editor Ray Hartley was not immediately available for comment, but their online portal Timeslive quoted him as saying that National Police Commissioner Bheki Cele "owes wa Afrika an apology. A big one". Wa Afrika's lawyer Eric van den Berg said they had been notified of the NPA's intentions and were pleased. "It has been a shadow over him," said Van den Berg. Some critics felt the arrests were related to a story Wa Afrika had co-written about a R500m on police headquarter lease agreement, purportedly agreed to by Cele without it going out to tender.
The day before his arrest, Cele called him a "very shady journalist", and when asked if he would take action against the reporter, he replied: "Time will tell".
Source: News 24
They had faced charges of fraud, forgery and uttering after being arrested by members of the Mpumalanga police and the Directorate for Priority Crime Investigations, a division of the police known as the Hawks, in August. The arrest of the pair related to alleged possession of a resignation letter by Mpumalanga Premier David Mabuza, which the presidency has said is a fake. The NPA said once investigations had been concluded, the docket would be re-submitted and the case could be reinstated. The charges will be formally withdrawn on Wednesday.
Wa Afrika was arrested on August 4 as a debate on the possible introduction of a media tribunal and the Protection of Information Bill was underway at his employer's headquarters in Rosebank, Johannesburg. After being kept in custody, charges were withdrawn the following day, then reinstated. A court order issued by the North Gauteng High Court in Pretoria had him released ahead of his bail hearing. He was finally released on R5 000 bail after an appearance at the Nelspruit Regional Court on August 6. Mlimi is a deputy director for informal settlements in Mpumalanga.
Sunday Times editor Ray Hartley was not immediately available for comment, but their online portal Timeslive quoted him as saying that National Police Commissioner Bheki Cele "owes wa Afrika an apology. A big one". Wa Afrika's lawyer Eric van den Berg said they had been notified of the NPA's intentions and were pleased. "It has been a shadow over him," said Van den Berg. Some critics felt the arrests were related to a story Wa Afrika had co-written about a R500m on police headquarter lease agreement, purportedly agreed to by Cele without it going out to tender.
The day before his arrest, Cele called him a "very shady journalist", and when asked if he would take action against the reporter, he replied: "Time will tell".
Source: News 24
South Africa: workers reject offer but trade union leaders suspend strike
South Africa was moving towards a general strike type situation as the public sector strike that started on August 18 was building up momentum. Now the strike has been suspended by union leaders because of some concessions on the part of the government. This has angered many workers who wanted to step up action, not take a step back.
In a joint press statement on Monday, September 6, public sector unions affiliated with COSATU and the ILC, announced their decision to “suspend the strike” while announcing that this did not mean “that we have accepted the state offer”. (Strike is Suspended, COSATU)
The strike by 1.3 million public sector workers started on Wednesday, August 18 and had paralysed schools, hospitals and other public services. The strike reflected the deep seated anger of South African workers at the two-faced policies of the ANC government led by Zuma, with ministers getting high wages and all sorts of perks during the World Cup, while workers are denied their demands for a living wage and access to housing.
From the beginning the attitude of the government was provocative, with strongly worded statements by ministers saying there was no more money to be offered and giving the trade unions an ultimatum. This was combined with the use of the tribunals, the police and the army against the strikers, as well as a high profile media campaign accusing the strikers of murder for paralysing hospitals. This further enraged the trade union activists, who played a key role in replacing former president Mbeki for Zuma and were expecting him to be on their side.
Despite the government provocations the strike remained solid for two weeks and the mood was building up for solidarity action, possibly leading to a general strike in support of the public sector workers. The municipal workers’ union SAMWU moved a motion at the COSATU executive, which decided that all affiliated unions should issue 7 day notices for strike action. A general strike would have started, effectively, on September 2.
It was only the threat of a general strike, which had the full backing of powerful unions like the mineworkers’ NUM, which forced the government back to the negotiating table. President Zuma returned from his state visit to China and ordered the ministers to reach a deal with the unions. Too much was at stake and Zuma could not risk alienating his labour allies completely (as some were threatening not to support the ANC in forthcoming elections). Under these conditions, the government backtracked from its earlier position of “there is no more money” and agreed to increase its pay increase offer from 7% to 7.5%, though this was still short of the workers’ demands for 8.6%. The unions are correct in considering this as a victory, or at least a partial one.
However, the deal had to be put to union members. At this point, on Wednesday, September 1, COSATU decided to cancel the general strike. This was clearly a mistake. If you are in a position of strength, you do not abandon it. The trade union leaders probably thought that the membership would accept the revised offer. For all their radical language, the trade union leaders did not seem prepared to go all the way in their confrontation with the government.
To their surprise, the union ranks decided to reject the new offer. This was the case particularly with the teachers’ union SADTU, but also with the health and government workers’ union NEHAWU. It seems that even the ILC affiliated unions also rejected the offer, though only narrowly.
However, despite this mandate from the members, the trade union leaders decided to suspend the strike and give themselves 21 days to “finalise consultations on the draft agreement”. It seems likely that at least some of the trade union leaders who participated in the negotiations with the government were confident that they could sell the agreement to their members.
The level of anger at local meetings was such that the union leaders had to acknowledge that the proposal had been rejected. Business Report wrote that, “Sizwe Pamla, the national spokesman for the National Education Health and Allied Workers' Union, said on Friday that after a flood of e-mails and text messages ‘we had to acknowledge the rejections’.” But as this NEHAWU leader was not happy with the decision he tried to turn it into its opposite by saying that, “it was difficult to say it was an official rejection as members had not been properly consulted”. In other words, the trade union leaders did not manage to convince their members, but this was only because they did not explain the agreement properly, or fully, and therefore, another 21 days are needed.
This is a scandalous position. Once the momentum of the strike has been lost, it will be very difficult to build it up again. The union leaders should not have called off the general strike before getting an agreement that was acceptable to its members; this should be the ABC of trade union tactics. Once the threat of a general strike is lifted and the workers go back to work, even if the deal is rejected, what leverage do the unions have to extract more concessions from the government? None.
Many workers were rightly angry when they found out about the decision to stop the strike. City Press reported that NEHAWU “union leaders were chased out of the meeting in Johannesburg this afternoon”. The report quoted NEHAWU member Ramarumo as saying: “Members are angry and they want to protest by going to the national office to burn their membership cards”. The same report quoted the general secretary of Gauteng Central branch of SADTU, Ronald Nyathi as saying: “Teachers are not happy but after we learnt that some unions belonging to COSATU and the Independent Labour Caucus (ILC) accepted the government’s offer, we realised we can’t carry on with the strike alone.”
This will certainly raise a lot of questions amongst the trade union activists about their own leaders, particularly since COSATU has a proud tradition of standing for workers’ control over the union structures and officials.
Whatever the outcome of this particular battle, the main questions that were raised during the strike, particularly in relation to the policies of the ANC government, the relationship of the trade union movement with the government and the ANC, and also regarding the role of the SACP leaders in government, will not go away.
The forthcoming meeting of the ANC National General Council will be the place where many of these issues will be discussed. The ANC Youth League will certainly raise the need to nationalise the mines, as part of their campaign for “economic freedom in our lifetime”. The so-called Black Economic Empowerment will also be discussed. BEE has basically allowed a small minority of blacks (some in the circle of family and friends of Zuma himself) to join the capitalist class, while the majority of working people and the poor who carried out the struggle against apartheid have seen their living conditions deteriorate and the gap between rich and poor increase.
On Sunday, September 5, the chairperson of the Young Communist League, David Masondo, published a sharply written article in the City Press, denouncing BEE as a policy through which “certain black millionaires associated with the liberation movement have been cherry-picked by white businesses.” (BEE has evolved into a family affair, Citypress)The article has already caused divisions within the YCL, with a statement signed by YCLSA National Office Bearers distancing themselves from Masondo’s public criticism of Zuma (Statement by the YCL National Office Bearers on the article by David Masondo, YCL).
What is needed is to focus the debate on the crucial issue: the need for a socialist alternative which can really achieve “economic liberation within our life time”. Only by challenging the logic of capitalism, through the expropriation of the mines and big monopolies, can the pressing problems of the majority of South Africans, the workers and the poor, begin to be addressed. Whilst the economic power remains in the hands of an unelected minority, genuine liberation will not be achieved. Housing, land reform, education and health care for all, jobs… none of these issues can be solved within the limits of capitalism, as has been amply demonstrated in the 16 years since the end of apartheid. The formal rule of the vile regime of racial discrimination was abolished through the heroic struggle of the masses. But the capitalist regime which it served remains in place.
Source: International Marxist Tendency
In a joint press statement on Monday, September 6, public sector unions affiliated with COSATU and the ILC, announced their decision to “suspend the strike” while announcing that this did not mean “that we have accepted the state offer”. (Strike is Suspended, COSATU)
The strike by 1.3 million public sector workers started on Wednesday, August 18 and had paralysed schools, hospitals and other public services. The strike reflected the deep seated anger of South African workers at the two-faced policies of the ANC government led by Zuma, with ministers getting high wages and all sorts of perks during the World Cup, while workers are denied their demands for a living wage and access to housing.
From the beginning the attitude of the government was provocative, with strongly worded statements by ministers saying there was no more money to be offered and giving the trade unions an ultimatum. This was combined with the use of the tribunals, the police and the army against the strikers, as well as a high profile media campaign accusing the strikers of murder for paralysing hospitals. This further enraged the trade union activists, who played a key role in replacing former president Mbeki for Zuma and were expecting him to be on their side.
Despite the government provocations the strike remained solid for two weeks and the mood was building up for solidarity action, possibly leading to a general strike in support of the public sector workers. The municipal workers’ union SAMWU moved a motion at the COSATU executive, which decided that all affiliated unions should issue 7 day notices for strike action. A general strike would have started, effectively, on September 2.
It was only the threat of a general strike, which had the full backing of powerful unions like the mineworkers’ NUM, which forced the government back to the negotiating table. President Zuma returned from his state visit to China and ordered the ministers to reach a deal with the unions. Too much was at stake and Zuma could not risk alienating his labour allies completely (as some were threatening not to support the ANC in forthcoming elections). Under these conditions, the government backtracked from its earlier position of “there is no more money” and agreed to increase its pay increase offer from 7% to 7.5%, though this was still short of the workers’ demands for 8.6%. The unions are correct in considering this as a victory, or at least a partial one.
However, the deal had to be put to union members. At this point, on Wednesday, September 1, COSATU decided to cancel the general strike. This was clearly a mistake. If you are in a position of strength, you do not abandon it. The trade union leaders probably thought that the membership would accept the revised offer. For all their radical language, the trade union leaders did not seem prepared to go all the way in their confrontation with the government.
To their surprise, the union ranks decided to reject the new offer. This was the case particularly with the teachers’ union SADTU, but also with the health and government workers’ union NEHAWU. It seems that even the ILC affiliated unions also rejected the offer, though only narrowly.
However, despite this mandate from the members, the trade union leaders decided to suspend the strike and give themselves 21 days to “finalise consultations on the draft agreement”. It seems likely that at least some of the trade union leaders who participated in the negotiations with the government were confident that they could sell the agreement to their members.
The level of anger at local meetings was such that the union leaders had to acknowledge that the proposal had been rejected. Business Report wrote that, “Sizwe Pamla, the national spokesman for the National Education Health and Allied Workers' Union, said on Friday that after a flood of e-mails and text messages ‘we had to acknowledge the rejections’.” But as this NEHAWU leader was not happy with the decision he tried to turn it into its opposite by saying that, “it was difficult to say it was an official rejection as members had not been properly consulted”. In other words, the trade union leaders did not manage to convince their members, but this was only because they did not explain the agreement properly, or fully, and therefore, another 21 days are needed.
This is a scandalous position. Once the momentum of the strike has been lost, it will be very difficult to build it up again. The union leaders should not have called off the general strike before getting an agreement that was acceptable to its members; this should be the ABC of trade union tactics. Once the threat of a general strike is lifted and the workers go back to work, even if the deal is rejected, what leverage do the unions have to extract more concessions from the government? None.
Many workers were rightly angry when they found out about the decision to stop the strike. City Press reported that NEHAWU “union leaders were chased out of the meeting in Johannesburg this afternoon”. The report quoted NEHAWU member Ramarumo as saying: “Members are angry and they want to protest by going to the national office to burn their membership cards”. The same report quoted the general secretary of Gauteng Central branch of SADTU, Ronald Nyathi as saying: “Teachers are not happy but after we learnt that some unions belonging to COSATU and the Independent Labour Caucus (ILC) accepted the government’s offer, we realised we can’t carry on with the strike alone.”
This will certainly raise a lot of questions amongst the trade union activists about their own leaders, particularly since COSATU has a proud tradition of standing for workers’ control over the union structures and officials.
Whatever the outcome of this particular battle, the main questions that were raised during the strike, particularly in relation to the policies of the ANC government, the relationship of the trade union movement with the government and the ANC, and also regarding the role of the SACP leaders in government, will not go away.
The forthcoming meeting of the ANC National General Council will be the place where many of these issues will be discussed. The ANC Youth League will certainly raise the need to nationalise the mines, as part of their campaign for “economic freedom in our lifetime”. The so-called Black Economic Empowerment will also be discussed. BEE has basically allowed a small minority of blacks (some in the circle of family and friends of Zuma himself) to join the capitalist class, while the majority of working people and the poor who carried out the struggle against apartheid have seen their living conditions deteriorate and the gap between rich and poor increase.
On Sunday, September 5, the chairperson of the Young Communist League, David Masondo, published a sharply written article in the City Press, denouncing BEE as a policy through which “certain black millionaires associated with the liberation movement have been cherry-picked by white businesses.” (BEE has evolved into a family affair, Citypress)The article has already caused divisions within the YCL, with a statement signed by YCLSA National Office Bearers distancing themselves from Masondo’s public criticism of Zuma (Statement by the YCL National Office Bearers on the article by David Masondo, YCL).
What is needed is to focus the debate on the crucial issue: the need for a socialist alternative which can really achieve “economic liberation within our life time”. Only by challenging the logic of capitalism, through the expropriation of the mines and big monopolies, can the pressing problems of the majority of South Africans, the workers and the poor, begin to be addressed. Whilst the economic power remains in the hands of an unelected minority, genuine liberation will not be achieved. Housing, land reform, education and health care for all, jobs… none of these issues can be solved within the limits of capitalism, as has been amply demonstrated in the 16 years since the end of apartheid. The formal rule of the vile regime of racial discrimination was abolished through the heroic struggle of the masses. But the capitalist regime which it served remains in place.
Source: International Marxist Tendency
Monday, September 6, 2010
Court orders Cipro to reinstate Kalahari directors
The South High Court on Thursday ordered the Companies and Intellectual Property Registration Office (Cipro) to replace the names of the eight people that "highjacked" Kalahari Resources, with that of the original two directors Daphne Mashile-Nkosi and Brian Mashile.
On September 8, Kalahari Resources had to approach the High Court with an urgent application to reinstate the two directors, after it discovered that the directors had been replaced by Sandile Majali and seven other people on August 27. Mashile-Nkosi's lawyer Deon Lambert said that the court accepted the case as urgent and also ruled that legal costs had to be covered by the respondents.
Meanwhile, Cipro said at a media briefing in Pretoria that it had beefed up its security process relating to changes of company directorships on its system. Cipro acting CEO Lungile Dukwana said that the agency could not take responsibility for people that acted fraudulently on its system, but that it would nevertheless constantly aim to improve its security.
He explained that starting in October, the agency would provide companies with another password that would be required to implement a change of directorship. Further, a written mandate from the company's CEO or MD would be needed as part of the submission process, and a certified copy of the person's ID would be required, while the company secretary and directors would immediately be alerted if any changes take place.
It has emerged that changes to the Kalahari Resources directors were made electronically on August 27, by Harlambos Sferopoulos. He was tracked through the agency's customer verification process, which was introduced early last year. Sferopoulous replaced the two founding directors of Kalahari Resources with himself, Majali, Stephen Khoza, Elvis Ndala, Maria Carter, Roberto Rizzo, Nothando Nkosi and Dlamini Welhencia.
Dukwana said that Sferopoulos' authority to operate on the Cipro system had been revoked. Cipro has also suspended the electronic change of directorship in the short term.
Source: Polity
On September 8, Kalahari Resources had to approach the High Court with an urgent application to reinstate the two directors, after it discovered that the directors had been replaced by Sandile Majali and seven other people on August 27. Mashile-Nkosi's lawyer Deon Lambert said that the court accepted the case as urgent and also ruled that legal costs had to be covered by the respondents.
Meanwhile, Cipro said at a media briefing in Pretoria that it had beefed up its security process relating to changes of company directorships on its system. Cipro acting CEO Lungile Dukwana said that the agency could not take responsibility for people that acted fraudulently on its system, but that it would nevertheless constantly aim to improve its security.
He explained that starting in October, the agency would provide companies with another password that would be required to implement a change of directorship. Further, a written mandate from the company's CEO or MD would be needed as part of the submission process, and a certified copy of the person's ID would be required, while the company secretary and directors would immediately be alerted if any changes take place.
It has emerged that changes to the Kalahari Resources directors were made electronically on August 27, by Harlambos Sferopoulos. He was tracked through the agency's customer verification process, which was introduced early last year. Sferopoulous replaced the two founding directors of Kalahari Resources with himself, Majali, Stephen Khoza, Elvis Ndala, Maria Carter, Roberto Rizzo, Nothando Nkosi and Dlamini Welhencia.
Dukwana said that Sferopoulos' authority to operate on the Cipro system had been revoked. Cipro has also suspended the electronic change of directorship in the short term.
Source: Polity
Hawks to take over Bees case
A Tshwane metro police internal investigator on Sunday told Eyewitness News Blue Bulls prop Bees Roux may have been the victim of a corrupt trend which was first identified three years ago. It emerged last week that Sergeant Ntshimane Mogale may have tried to blackmail the rugby player when an altercation took place. Roux, who claimed the officer was trying to rob him, then allegedly beat Mogale to death.
Eyewitness News understands the Tshwane Metro Police Department’s Internal Investigations unit has called for the Hawks to help them tackle corruption within the ranks. The police’s Lindela Mashigo could not confirm the request on Sunday but said Mogale’s murder would land on the Hawks’ desk. “The case is with our general detectives and will probably be taken over by our Organised Crime Unit,” said Mashigo.
Senior Tshwane internal investigators and several metro police officers said it was well known that some officers targeted drunk drivers for bribes, particularly in Hatfield and Sunnyside. After stopping an intoxicated driver, they would offer to drive them home for a fee or they land up behind bars. It is unclear if Mogale was driving Roux home or taking him to a police station at the time of the incident.
Source: Eye Witness News
Eyewitness News understands the Tshwane Metro Police Department’s Internal Investigations unit has called for the Hawks to help them tackle corruption within the ranks. The police’s Lindela Mashigo could not confirm the request on Sunday but said Mogale’s murder would land on the Hawks’ desk. “The case is with our general detectives and will probably be taken over by our Organised Crime Unit,” said Mashigo.
Senior Tshwane internal investigators and several metro police officers said it was well known that some officers targeted drunk drivers for bribes, particularly in Hatfield and Sunnyside. After stopping an intoxicated driver, they would offer to drive them home for a fee or they land up behind bars. It is unclear if Mogale was driving Roux home or taking him to a police station at the time of the incident.
Source: Eye Witness News
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