Despite grave and persistent rights violations in criminal justice systems around the world, effective reform remains a problem in many countries. The Open Society Global Criminal Justice Fund seeks to strengthen civil society engagement in the protection of the rights of criminal defendants and in confronting the overuse of pretrial detention. The fund supports civil society efforts to build networks, share experience, and identify new strategies for criminal justice reform.
The Global Criminal Justice Fund provides support to national campaigns that combine monitoring, legal defense and advocacy to catalyze new policy debates. The fund also supports linkages between national efforts and international and regional partners to develop centers of expertise, exchange best practices, and explore failures. Priority is given to projects in countries where there are deteriorating conditions of detention and evidence of pervasive discrimination within the system.
Purpose and Priorities
The Global Criminal Justice Fund supports groups based on the following priorities:
Understanding the Scope of the Problem
A lack of access to places of detention and information about detainees poses serious challenges to successful criminal justice reform. Data is needed to design interventions, demand accountability, address problems of coordination within the system, and provide a basis for challenging illegal detention. The fund supports groups to gain access to places of detention, monitor the system, and assess the effectiveness of existing legal aid in order to promote greater accountability and obtain reliable and credible data about the scope and scale of the problem.
Ensuring Access to Justice
By providing assistance to detainees in a systematic manner, such as filing bail applications or providing legal assistance, civil society groups can learn what works in practice and which kinds of interventions might be effective in producing long-term change. The fund supports groups to undertake this kind of engagement in order to identify successful strategies and possible openings for, or barriers to, reform. Where appropriate, the fund also supports litigation on behalf of detainees that challenges unlawful practices.
Making the Case for Reform
Civil society groups must engage with governments to advance meaningful policy change. Where existing government efforts are entirely inadequate, civil society organization must be able to devise strategies to ensure that the rights of criminal defendants are on the government’s reform agenda. The fund supports civil society groups to undertake advocacy efforts either individually or in coalition with other groups to protect the rights of those in detention.
Building Links to Regional and International Debates
The fund supports partners that aim to prioritize the rights of criminal defendants in regional and international debates about rule of law and human rights. By identifying national groups with links to international and regional networks, the fund seeks to increase the profile of criminal justice issues globally while at the same time expanding international partners’ ability to galvanize existing networks and engage in targeted advocacy.
Guidelines
The fund focuses its support on those countries where the need is greatest, and where due process rights intersect with questions of equality and human dignity. The fund works with organizations that can share their experience and build partnerships beyond their own borders in order to contribute to learning and the development of good practice.
Application Process
To apply for a grant from the Open Society Global Criminal Justice Fund, interested organizations should send a two- to three-page concept paper to criminaljustice@osi-dc.org. The paper should include the following:
A brief description of the project goals and planned activities;
Information about the applicant organization and project partners;
An estimated overall budget and timeframe of the project.
The initiative will aim to respond to concept papers within one month of receipt. Selected applicants will be invited to submit a full proposal for consideration.
Source: Open Society Foundations
Monday, April 30, 2012
Friday, April 27, 2012
Freedom of trade, occupation and profession
During May 2011, ProBono.Org was approached by Pascal Munanga, a Congolese national with recognised refugee status in terms of Section 24 of the Refugees Act 130 of 1998. Munanga had been living in Durban since 1999. He is a husband and a father of three minor children. Munanga approached ProBono.Org (Durban) for assistance with obtaining his certificate from the Department of Labour (“DOL”) to practice as an accredited electrician.
In January 2009 Munanga successfully completed an electrical course at the Umbilo Further Education and Training College and then went on to successfully write the exam of the DOL.
During May 2010, having complied with the prerequisites, Munanga submitted his application for registration to be an accredited electrician to the DOL, which included an administration fee of R120.00, two identity photographs, three specimen signatures and the certificates issued by the college and the DOL itself.
On 26 July 2010 Munanga was advised that his application would only be processed once he had submitted a work permit. By virtue of Munanga being a recognised refugee and a South African resident he is entitled to all the rights, privileges, duties and obligations of a citizen according to section 25 (1) of the Immigration Act and therefore entitled to his section 22 right in terms of the Constitution which guarantees him the freedom of trade, occupation and profession. By refusing to grant Munanga the accreditation certificate, the DOL was unjustly and unfairly infringing on Munanga’s right to work in his chosen profession.
Munanga approached ProBono.Org in May 2011 and thereafter ProBono.Org began liaising with the DOL on the assumption that the matter was sufficiently clear-cut to resolve through correspondence. After a string of fruitless e-mails and countless telephone calls to the DOL, Derik Jaftha Attorneys of Durban agreed to assist Munanga on a pro bono basis and on 10 April 2012 Munanga was issued with his accreditation as an electrician. He is now in a position to exercise his section 22 rights freely, to provide for his family and to be a productive member of South African society.
Source: ProBono.Org
In January 2009 Munanga successfully completed an electrical course at the Umbilo Further Education and Training College and then went on to successfully write the exam of the DOL.
During May 2010, having complied with the prerequisites, Munanga submitted his application for registration to be an accredited electrician to the DOL, which included an administration fee of R120.00, two identity photographs, three specimen signatures and the certificates issued by the college and the DOL itself.
On 26 July 2010 Munanga was advised that his application would only be processed once he had submitted a work permit. By virtue of Munanga being a recognised refugee and a South African resident he is entitled to all the rights, privileges, duties and obligations of a citizen according to section 25 (1) of the Immigration Act and therefore entitled to his section 22 right in terms of the Constitution which guarantees him the freedom of trade, occupation and profession. By refusing to grant Munanga the accreditation certificate, the DOL was unjustly and unfairly infringing on Munanga’s right to work in his chosen profession.
Munanga approached ProBono.Org in May 2011 and thereafter ProBono.Org began liaising with the DOL on the assumption that the matter was sufficiently clear-cut to resolve through correspondence. After a string of fruitless e-mails and countless telephone calls to the DOL, Derik Jaftha Attorneys of Durban agreed to assist Munanga on a pro bono basis and on 10 April 2012 Munanga was issued with his accreditation as an electrician. He is now in a position to exercise his section 22 rights freely, to provide for his family and to be a productive member of South African society.
Source: ProBono.Org
Thursday, April 26, 2012
Fraud is up on continent
This was revealed by the KPMG inaugural Africa Fraud Barometer. The study, released yesterday, is a first effort to measure fraud in Africa and expose the risk of fraud for companies in their day-to-day operations. According to the study, reported fraud cases increased from 355 in the first half of 2011 to 520 cases in the second half of the year. Over the same period the value of fraud decreased from US $7.17-billion to $3.702 billion.
KPMG developed the Africa Fraud Barometer to form a bigger picture of fraud on the continent. "We felt there was a need to create the Africa Fraud Barometer since the world has begun to look at Africa as a new investment destination," says Petrus Marais, pictured, KPMG's global leader in forensics who developed the barometer. "We are still dealing with a negative perception of Africa. As risk analysts we want to provide information that allows potential investors to assess and conceptualise risk on the African continent," he says.
The barometer distinguishes between the number of reported fraud cases, type of perpetrator, victims of fraud, types of fraud, countries and targeted industries. The data is for 2011. To obtain some indication of trends, KPMG compared findings from the first six months to those in the second half of 2011. Accounting for 29% of perpetrators, company employees committed the most fraud in the second half of 2011, according to the report.
Hardest hit is the government and the public, with 39% of all cases, 5% lower than in the first half of 2011. "Fraud occurs most where money enters and exits a company or institution. At the interface of financial transactions, perpetrators tend to be most successful in defrauding funds," Marais says.
General fraud was the highest reported fraud at 29% while misappropriation and theft came second. The countries with the highest number of reported fraud cases on the continent were South Africa and Nigeria, but in both countries fewer cases were reported in the second half of 2011.
Zimbabwe had the highest value of fraud perpetrated in the second half of 2011, amounting to over US$1.2-billion.
Source: Sowetan
KPMG developed the Africa Fraud Barometer to form a bigger picture of fraud on the continent. "We felt there was a need to create the Africa Fraud Barometer since the world has begun to look at Africa as a new investment destination," says Petrus Marais, pictured, KPMG's global leader in forensics who developed the barometer. "We are still dealing with a negative perception of Africa. As risk analysts we want to provide information that allows potential investors to assess and conceptualise risk on the African continent," he says.
The barometer distinguishes between the number of reported fraud cases, type of perpetrator, victims of fraud, types of fraud, countries and targeted industries. The data is for 2011. To obtain some indication of trends, KPMG compared findings from the first six months to those in the second half of 2011. Accounting for 29% of perpetrators, company employees committed the most fraud in the second half of 2011, according to the report.
Hardest hit is the government and the public, with 39% of all cases, 5% lower than in the first half of 2011. "Fraud occurs most where money enters and exits a company or institution. At the interface of financial transactions, perpetrators tend to be most successful in defrauding funds," Marais says.
General fraud was the highest reported fraud at 29% while misappropriation and theft came second. The countries with the highest number of reported fraud cases on the continent were South Africa and Nigeria, but in both countries fewer cases were reported in the second half of 2011.
Zimbabwe had the highest value of fraud perpetrated in the second half of 2011, amounting to over US$1.2-billion.
Source: Sowetan
Friday, April 20, 2012
Posted by: amaBhungane Posted on: April 20, 2012 Posted in: Perspective Comments: 7 Comments Views: 3078 Eish and goodbye: the pains of information-seeking
Sorry, in advance, to the politically correct who support sex work and to dentists who love their jobs. But in my subjective mind, while there are many torturous jobs, these two spring to mind first: selling sex to strangers and drilling into someone’s mouth. Right up there, however, has to be an aspect of my job as advocacy co-ordinator: that of “information officer”, which I performed since January 2011 at the M&G Centre for Investigative Journalism (amaBhungane).
This performance entailed making requests for information – without much success – and filling out official forms to request information from public and private bodies in terms of the Promotion of Access to Information Act (Paia) of 2000. This Act is what the government and supporters of the secrecy Bill have been waving in our faces. In other words, the secrecy Bill balances out Paia. So, if something is classified in terms of the secrecy Bill, no problem, you can always apply, using Paia, to request the very same info get declassified. Do you sniff cumbersome and burdensome?
Alas, the present reality of Paia is already a hoot, without the secrecy Bill being passed.
In the execution of my tasks as information officer, I have ground my teeth in frustration and have had three migraines in one year, as opposed to my usual, only one. I blame Paia. It takes a very special person to do Paia requests. Someone who is patient, gentle and kind, and who doesn’t mind phoning the same person weekly, with the same conversation: “Hello, how are you, where is the information you promised to send me last week?” Then that person says to you: “Gosh, didn’t you get it?” And you go: “Gosh, no, when did you send it?” But you know the cheque is not in the post. In fact, it hasn’t gotten anywhere close to being posted.
An inordinate amount of time is spent trying to get information. I have had about a 10% success rate. To get what you need, you have to fill out a form, but there is a process and challenges to face before you send the form.
First, many people in public and private bodies seem not to know of Paia. I don’t know if they are pretending blissful ignorance. Second, they give you a name and you fill out the form and with some satisfaction and press the send button. Third, you then get a call to say that was not the correct person to deal with. So you start the process all over again. Fourth, you email, fax, and post to ensure that at least through one method the request falls onto the right lap. And then telephone to confirm receipt of the request.
To begin to describe the frustration you feel when you hear that the request was not received is beyond the power of words to describe. I grind my teeth, get a tense neck and worry about a migraine coming on, and I start again. Fax. Email. Post. Telephone. “How are you? When can I expect…?”
Our kind receptionist, Thuli, has witnessed my trying to send the same fax over and over again. She has often offered to help fax for me. Sometimes, she has discovered that I was given the wrong number.
Back to the process. It goes like this: an investigator needs information. You have to find out who the right person is to send the information to. You often get it wrong, or sometimes the wrong name is given to you, maybe in ignorance, maybe deliberately. There is no way of knowing for sure. Then, you fill out the forms. You follow up. You send again. The request is refused. You lodge an internal appeal. But you get the run-around first, to find out who you lodge the internal appeal with. When all fails you go to court. We haven’t done that in the past year.
So what is the point I’m trying to make? Paia is slow and cumbersome. The turnaround time for receiving an acknowledgement of a request is long. The turnaround time for receiving the information is, mostly, never. Imagine what will happen if the secrecy Bill is passed in its current form – the “new” deadline for the Bill is May 17.
The M&G‘s amaBhungane investigators have heard me on the other end of the telephone, pretending to be patient and polite, and have been quite sympathetic. They have also heard me lose my temper, after I’ve put the phone down, and curse about the obstreperous nature of the other side or of having quit the smoking habit maybe a bit prematurely.
These requests for information are not just about exercising our constitutional rights to information. Investigations need information, full stop. Journalists cannot do their jobs without authentic information, as in documentation, be these from deeds offices, court records, or local government or private sector vaults.
I leave to take up a research position at Wits Journalism School on the state of the media in South Africa. I will also be involved in putting the finishing touches to my book, The Fight for Democracy: The ANC and media in South Africa. It is published by Wits University Press and will be out later this year. I say goodbye to my advocacy co-ordinator job on April 30 with mixed feelings. After all, there were a few great aspects: I was back at the M&G where I started my career as a journalist more than two decades ago (I love this paper, it definitely showcases the best journalism, especially investigations and analyses, in the country); I enjoyed writing comment pieces on the secrecy Bill; and finally, my engagement in media freedom and access to information activism was great.
As for Paia and the information officer performance, say no more. Maybe except for just one word: Eish.
Source: By Glenda Daniels: Mail & Guardian
This performance entailed making requests for information – without much success – and filling out official forms to request information from public and private bodies in terms of the Promotion of Access to Information Act (Paia) of 2000. This Act is what the government and supporters of the secrecy Bill have been waving in our faces. In other words, the secrecy Bill balances out Paia. So, if something is classified in terms of the secrecy Bill, no problem, you can always apply, using Paia, to request the very same info get declassified. Do you sniff cumbersome and burdensome?
Alas, the present reality of Paia is already a hoot, without the secrecy Bill being passed.
In the execution of my tasks as information officer, I have ground my teeth in frustration and have had three migraines in one year, as opposed to my usual, only one. I blame Paia. It takes a very special person to do Paia requests. Someone who is patient, gentle and kind, and who doesn’t mind phoning the same person weekly, with the same conversation: “Hello, how are you, where is the information you promised to send me last week?” Then that person says to you: “Gosh, didn’t you get it?” And you go: “Gosh, no, when did you send it?” But you know the cheque is not in the post. In fact, it hasn’t gotten anywhere close to being posted.
An inordinate amount of time is spent trying to get information. I have had about a 10% success rate. To get what you need, you have to fill out a form, but there is a process and challenges to face before you send the form.
First, many people in public and private bodies seem not to know of Paia. I don’t know if they are pretending blissful ignorance. Second, they give you a name and you fill out the form and with some satisfaction and press the send button. Third, you then get a call to say that was not the correct person to deal with. So you start the process all over again. Fourth, you email, fax, and post to ensure that at least through one method the request falls onto the right lap. And then telephone to confirm receipt of the request.
To begin to describe the frustration you feel when you hear that the request was not received is beyond the power of words to describe. I grind my teeth, get a tense neck and worry about a migraine coming on, and I start again. Fax. Email. Post. Telephone. “How are you? When can I expect…?”
Our kind receptionist, Thuli, has witnessed my trying to send the same fax over and over again. She has often offered to help fax for me. Sometimes, she has discovered that I was given the wrong number.
Back to the process. It goes like this: an investigator needs information. You have to find out who the right person is to send the information to. You often get it wrong, or sometimes the wrong name is given to you, maybe in ignorance, maybe deliberately. There is no way of knowing for sure. Then, you fill out the forms. You follow up. You send again. The request is refused. You lodge an internal appeal. But you get the run-around first, to find out who you lodge the internal appeal with. When all fails you go to court. We haven’t done that in the past year.
So what is the point I’m trying to make? Paia is slow and cumbersome. The turnaround time for receiving an acknowledgement of a request is long. The turnaround time for receiving the information is, mostly, never. Imagine what will happen if the secrecy Bill is passed in its current form – the “new” deadline for the Bill is May 17.
The M&G‘s amaBhungane investigators have heard me on the other end of the telephone, pretending to be patient and polite, and have been quite sympathetic. They have also heard me lose my temper, after I’ve put the phone down, and curse about the obstreperous nature of the other side or of having quit the smoking habit maybe a bit prematurely.
These requests for information are not just about exercising our constitutional rights to information. Investigations need information, full stop. Journalists cannot do their jobs without authentic information, as in documentation, be these from deeds offices, court records, or local government or private sector vaults.
I leave to take up a research position at Wits Journalism School on the state of the media in South Africa. I will also be involved in putting the finishing touches to my book, The Fight for Democracy: The ANC and media in South Africa. It is published by Wits University Press and will be out later this year. I say goodbye to my advocacy co-ordinator job on April 30 with mixed feelings. After all, there were a few great aspects: I was back at the M&G where I started my career as a journalist more than two decades ago (I love this paper, it definitely showcases the best journalism, especially investigations and analyses, in the country); I enjoyed writing comment pieces on the secrecy Bill; and finally, my engagement in media freedom and access to information activism was great.
As for Paia and the information officer performance, say no more. Maybe except for just one word: Eish.
Source: By Glenda Daniels: Mail & Guardian
Thursday, April 19, 2012
How Poor Leadership Undermines the Work of the South African Police Service
The South African Constitution places the South African Police Service (SAPS) in the frontline against crime and obliges it ‘to protect and secure the inhabitants of the Republic and their property.’ At one level, this has been taken seriously and in the last decade the SAPS has expanded to a huge organisation of more than 194 000 people, including approximately 160 000 trained police officials and around 34 000 civilian support staff. Its budget for 2012/13 is R62,5 billion, which represents 65,3% of the total criminal justice budget. However, in order for the police to be effective against crime, it has to ensure that the public has confidence in it. This will only occur if the SAPS leadership consists of men and women who are highly skilled professionals with the appropriate expertise and whose integrity is beyond reproach.
The question is whether the current state of leadership in the SAPS is able to ensure that the SAPS becomes the type of professional police agency that will be respected by all people.
There can be little doubt that the many examples of senior officers being implicated in criminal activity and corruption is eroding both public trust and police morale. Furthermore, it is demonstrative of the extent to which effective leadership is lacking in the SAPS. The leadership problem starts with who is appointed as the most senior and the most powerful police officer, the National Commissioner of Police. The previous national commissioner of the SAPS, Jackie Selebi, who had no experience in policing when he was appointed by then President Thabo Mbeki, made many poor decisions regarding the structure of the SAPS, for example closing down important specialised units. In 2010 he was convicted on a charge of corruption and sentenced to fifteen years in prison. In July 2009 Bheki Cele was appointed by President Jacob Zuma and like his predecessor, was not a career policeman, having previously served as a politician in the KwaZulu-Natal Provincial Government.
Cele soon gained media prominence more for his often tactless, and some may argue, irresponsible public utterances than for his police leadership qualities. In 2011 the South African Police Union (SAPU) publicly accused him of nepotism, after the appointment of close family members and friends to senior positions in the police. These allegations followed shortly after the release of the report by the Public Protector in February 2011 into alleged irregularities relating to the leasing of office accommodation for the SAPS. The Public Protector found, inter alia, that Cele’s conduct in this regard was ‘improper, unlawful and amounted to maladministration’. In October 2011, almost eight months after the release of the report, President Zuma announced Cele’s suspension and the appointment of a Board of Inquiry to investigate, amongst others, whether he acted ‘corruptly or dishonestly or with an undeclared conflict of interest in relation to the two leases (police offices in Pretoria and Durban). The Board concluded its inquiry in the first week of April 2012 and the country now waits for its findings into whether Cele is fit to hold the position of SAPS National Commissioner.
The consequences of poor choice of leadership in the SAPS over the years are becoming abundantly clear. Allegations of ongoing irregularities relating to the business of the SAPS’ Supply Chain Management prompted President Zuma to request the Special Investigating Unit (SIU) to investigate possible corruption in the allocation of contracts handled by this division in August 2010. This investigation is not yet concluded, but since it began its work, three generals connected to Supply Chain Management took early retirement and another is currently suspended.
The Crime Intelligence Division has also for many years been fraught with allegations and reports of criminal conduct and abuse of power. For example, Mulangi Mphego, head of the division during Selebi’s term of office, was accused of various unlawful activities such as interfering with a key state witness, Glen Agliotti, during Selebi’s corruption investigation. This led to criminal charges being laid against Mphego and his subsequent resignation in 2009.
He was succeeded by the now infamous Lieutenant General Richard Mdluli, who appears to be protected at the highest level given that criminal charges of murder and corruption have been controversially withdrawn in spite of a large amount of evidence against him. Additionally, investigations into a substantial number of separate allegations of Mdluli’s involvement in corruption into misuse of the SAPS Secret Service Account have inexplicably been shut down.
A further example of how poor leadership at the highest levels is undermining the SAPS can be found with the sudden closure of the apparently successful Cato Manor Organised Crime Unit in Durban in March 2012. Members of the Cato Manor Unit were as recently as February 2012 praised by a judge in the Pongola High Court for their professional work on the case involving the ‘KZN-26’ gang, notorious for cash-in-transit heists, robberies and murder. This followed sensational claims made by a police officer charged with corruption that the unit was operating as a ‘hit squad.’ The unit was quickly closed down without the allegations against its members being properly investigated first. Of concern was that a notice of intended suspension was served on the provincial Head of the Hawks, Major General Johan Booysen to whom they ultimately report
The closing down of the unit and attempts at suspending Booysen must be viewed against the background of corruption and fraud charges being investigated by the Hawks against a prominent Durban businessman, Thoshan Panday. According to media reports the corruption charge followed the alleged attempt by Panday and Colonel Navin Madhoe from the SAPS KwaZulu-Natal Supply Chain Management in Durban to bribe Booysen with R2 million to assist Panday with the withdrawal of the fraud charges against him. It has been reported that KwaZulu-Natal SAPS Provincial Commissioner Monnye Ngobeni, had tried to halt the investigation into Panday. She became a subject of the Hawks investigations after it emerged that Panday had paid for her husband’s birthday celebration. Interestingly, the NPA declined to prosecute her, alleging that there was ‘insufficient evidence’ to prove that there was corruption involved in her relationship with Panday. Furthermore, the Sunday Tribune reported a link between Edward Zuma, a son of President Zuma, and Thoshan Panday. Apparently, Edward Zuma unsuccessfully attempted to exert pressure on Booysen to release a R15 million payment that was allegedly owed to Zuma by Panday and had been frozen as part of a criminal investigation.
Booysen successfully fought his suspension by approaching the Labour Court, which ruled that he had been unfairly suspended. However, the court order was ignored by powerful figures in the SAPS who went ahead with the suspension regardless. Booysen was then forced to approach the Labour Court a second time to have the suspension overturned once again and is back at work but facing an uncertain future.
Ongoing problems at the highest levels of the SAPS are starting to take its toll on station level police men and women. On 10 April 2012 The Star published an article titled, ‘Stress, frustration, wreck police force’, that pointed out how allegations of mismanagement at the highest levels has tarnished the image of the police and how it complicates the lives of ordinary police members. The negative impact of bad leadership on the morale of police members cannot be separated. A police service suffering from poor leadership and low morale cannot effectively perform its mandate. The situation has clearly deteriorated to the point where the credibility of police leadership at both a political and operational level have been so severely undermined that external intervention is sorely needed. The Minister of Police who would ordinarily be responsible for addressing leadership problems, now stands accused of interfering to protect Mdluli while also irregularly benefiting from the Secret Service Account to the tune of R195 000 for renovations to his private residence and lying about it to the media.
The ISS reiterates its call for a judicial commission of inquiry with strong powers of investigation and subpoena and the necessary resources to allow it to independently and authoritatively probe the allegations of corruption, their underlying causes and then to make practical recommendations for corrective measures. It is unfair to expect the many hardworking, honest men and women in uniform to place their lives on the line when those at the helm of the organisation have lost credibility.
Source: ISS
The question is whether the current state of leadership in the SAPS is able to ensure that the SAPS becomes the type of professional police agency that will be respected by all people.
There can be little doubt that the many examples of senior officers being implicated in criminal activity and corruption is eroding both public trust and police morale. Furthermore, it is demonstrative of the extent to which effective leadership is lacking in the SAPS. The leadership problem starts with who is appointed as the most senior and the most powerful police officer, the National Commissioner of Police. The previous national commissioner of the SAPS, Jackie Selebi, who had no experience in policing when he was appointed by then President Thabo Mbeki, made many poor decisions regarding the structure of the SAPS, for example closing down important specialised units. In 2010 he was convicted on a charge of corruption and sentenced to fifteen years in prison. In July 2009 Bheki Cele was appointed by President Jacob Zuma and like his predecessor, was not a career policeman, having previously served as a politician in the KwaZulu-Natal Provincial Government.
Cele soon gained media prominence more for his often tactless, and some may argue, irresponsible public utterances than for his police leadership qualities. In 2011 the South African Police Union (SAPU) publicly accused him of nepotism, after the appointment of close family members and friends to senior positions in the police. These allegations followed shortly after the release of the report by the Public Protector in February 2011 into alleged irregularities relating to the leasing of office accommodation for the SAPS. The Public Protector found, inter alia, that Cele’s conduct in this regard was ‘improper, unlawful and amounted to maladministration’. In October 2011, almost eight months after the release of the report, President Zuma announced Cele’s suspension and the appointment of a Board of Inquiry to investigate, amongst others, whether he acted ‘corruptly or dishonestly or with an undeclared conflict of interest in relation to the two leases (police offices in Pretoria and Durban). The Board concluded its inquiry in the first week of April 2012 and the country now waits for its findings into whether Cele is fit to hold the position of SAPS National Commissioner.
The consequences of poor choice of leadership in the SAPS over the years are becoming abundantly clear. Allegations of ongoing irregularities relating to the business of the SAPS’ Supply Chain Management prompted President Zuma to request the Special Investigating Unit (SIU) to investigate possible corruption in the allocation of contracts handled by this division in August 2010. This investigation is not yet concluded, but since it began its work, three generals connected to Supply Chain Management took early retirement and another is currently suspended.
The Crime Intelligence Division has also for many years been fraught with allegations and reports of criminal conduct and abuse of power. For example, Mulangi Mphego, head of the division during Selebi’s term of office, was accused of various unlawful activities such as interfering with a key state witness, Glen Agliotti, during Selebi’s corruption investigation. This led to criminal charges being laid against Mphego and his subsequent resignation in 2009.
He was succeeded by the now infamous Lieutenant General Richard Mdluli, who appears to be protected at the highest level given that criminal charges of murder and corruption have been controversially withdrawn in spite of a large amount of evidence against him. Additionally, investigations into a substantial number of separate allegations of Mdluli’s involvement in corruption into misuse of the SAPS Secret Service Account have inexplicably been shut down.
A further example of how poor leadership at the highest levels is undermining the SAPS can be found with the sudden closure of the apparently successful Cato Manor Organised Crime Unit in Durban in March 2012. Members of the Cato Manor Unit were as recently as February 2012 praised by a judge in the Pongola High Court for their professional work on the case involving the ‘KZN-26’ gang, notorious for cash-in-transit heists, robberies and murder. This followed sensational claims made by a police officer charged with corruption that the unit was operating as a ‘hit squad.’ The unit was quickly closed down without the allegations against its members being properly investigated first. Of concern was that a notice of intended suspension was served on the provincial Head of the Hawks, Major General Johan Booysen to whom they ultimately report
The closing down of the unit and attempts at suspending Booysen must be viewed against the background of corruption and fraud charges being investigated by the Hawks against a prominent Durban businessman, Thoshan Panday. According to media reports the corruption charge followed the alleged attempt by Panday and Colonel Navin Madhoe from the SAPS KwaZulu-Natal Supply Chain Management in Durban to bribe Booysen with R2 million to assist Panday with the withdrawal of the fraud charges against him. It has been reported that KwaZulu-Natal SAPS Provincial Commissioner Monnye Ngobeni, had tried to halt the investigation into Panday. She became a subject of the Hawks investigations after it emerged that Panday had paid for her husband’s birthday celebration. Interestingly, the NPA declined to prosecute her, alleging that there was ‘insufficient evidence’ to prove that there was corruption involved in her relationship with Panday. Furthermore, the Sunday Tribune reported a link between Edward Zuma, a son of President Zuma, and Thoshan Panday. Apparently, Edward Zuma unsuccessfully attempted to exert pressure on Booysen to release a R15 million payment that was allegedly owed to Zuma by Panday and had been frozen as part of a criminal investigation.
Booysen successfully fought his suspension by approaching the Labour Court, which ruled that he had been unfairly suspended. However, the court order was ignored by powerful figures in the SAPS who went ahead with the suspension regardless. Booysen was then forced to approach the Labour Court a second time to have the suspension overturned once again and is back at work but facing an uncertain future.
Ongoing problems at the highest levels of the SAPS are starting to take its toll on station level police men and women. On 10 April 2012 The Star published an article titled, ‘Stress, frustration, wreck police force’, that pointed out how allegations of mismanagement at the highest levels has tarnished the image of the police and how it complicates the lives of ordinary police members. The negative impact of bad leadership on the morale of police members cannot be separated. A police service suffering from poor leadership and low morale cannot effectively perform its mandate. The situation has clearly deteriorated to the point where the credibility of police leadership at both a political and operational level have been so severely undermined that external intervention is sorely needed. The Minister of Police who would ordinarily be responsible for addressing leadership problems, now stands accused of interfering to protect Mdluli while also irregularly benefiting from the Secret Service Account to the tune of R195 000 for renovations to his private residence and lying about it to the media.
The ISS reiterates its call for a judicial commission of inquiry with strong powers of investigation and subpoena and the necessary resources to allow it to independently and authoritatively probe the allegations of corruption, their underlying causes and then to make practical recommendations for corrective measures. It is unfair to expect the many hardworking, honest men and women in uniform to place their lives on the line when those at the helm of the organisation have lost credibility.
Source: ISS
KZN crime intelligence top cops challenge transfer
After 23 years of dodging bullets and putting his life on the line, KwaZulu-Natal Crime Intelligence boss, Major-General Dina Moodley, is not prepared to leave his post without a fight. On Wednesday, Moodley and the head of the unit’s operations in KZN, Brigadier Jules Ndlovu, challenged their “unlawful” transfer in the Durban Labour Court. The application, filed in court last week, was brought against the acting national police commissioner, Lieutenant-General Nhlanhla Mkhwanazi, provincial commissioner, Lieutenant-General Mmamonnye Ngobeni, and the acting divisional commissioner of crime intelligence, Lieutenant-General Fanie Masemola.
According to court papers, Moodley was given a notice of intention to suspend him in February after he was accused of not following procedure regarding a state security issue. According to the notice, signed by Masemola, the suspension was being considered in respect of Regulation 13 (1) of the SAPS disciplinary regulation of 2006 in which Moodley was accused of alleged “serious misconduct”. The notice stated: “During November 2010, you gave instructions to Colonel B Padayachee and Colonel D Zulu to have the cellphones of certain journalists intercepted, knowing that such an application in terms of the Regulation of Interception of Communications and Provision of Communication-related Information Act would contain information which is false, incorrect or misleading.” The notice was overturned on March 2, after Moodley made submissions to police management and handed in affidavits from Padayachee and Zulu stating they had not been given any unlawful instructions. In their statements, they said they were asked by Moodley to investigate journalists who posed a threat to the organisation. Less than a week later, Moodley was instructed by Mkhwanazi to transfer immediately to head the SAPS Pinetown cluster, and Ndlovu was told to go to the Inanda cluster uniform branch. In the transfer notices both were told their moves were in line with service delivery requirements by the police in KZN.
Ndlovu claimed in court papers his transfer came a week after he had told Mkhwanazi, Masemola and a Brigadier Khumalo he had nonformation about Moodley’s alleged corruption. Since then, Brigadier Thuso Tshika was appointed to act in Moodley’s position. On Wednesday, it was agreed by consent that no-one could be appointed in Moodley and Ndlovu’s position in a full-time capacities until the hearing was completed. Their attorney, Carl van der Merwe, said the SAPS had until April 26 to file opposing papers. He has instructed advocate Charmaine Nel to represent both men. “If they oppose the matter, then we have until May 11 to file replying affidavits. The hearing has been set down for June 1.”
Moodley and Ndlovu will be on leave until the hearing and would not have to report for duty at Pinetown and Inanda. Their salary would not be docked and they could not be threatened by the SAPS with disciplinary processes, it was agreed. In an interview with the Daily News, Moodley said he had an “unblemished” career and was angry at the manner in which he was being treated. “I have been the head of crime intelligence in KZN since 2003. Why should I have to accept a lesser position? Transferring me to station level is a demotion. “I dodged bullets and risked my life for the police for all these years. I will not give up my post without a fight.”
Moodley, who earns an annual salary of R1 million, has been at home since February 10. “I was locked out of my office at provincial headquarters and had no option but to stay home. I have no station experience and can’t understand how my transfer is in line with service delivery requirements.” An equally disgruntled Ndlovu, who earns about R900 000 a year, said his transfer and the manner in which he was being treated had dented his image. “I miss what I am trained to do and want to go back to my job. I also plan to fight this all the way. I have done nothing wrong and should not be punished for no reason.”
Provincial secretary-general of police union Popcru, Kwenza Nxele, said Moodley and Ndlovu’s transfers were in breach of fair labour practice.
“The police have acted unlawfully and have not followed proper transfer policy processes. When an employee is removed from his or her position, proper channels must be followed.”
Source: IoL
According to court papers, Moodley was given a notice of intention to suspend him in February after he was accused of not following procedure regarding a state security issue. According to the notice, signed by Masemola, the suspension was being considered in respect of Regulation 13 (1) of the SAPS disciplinary regulation of 2006 in which Moodley was accused of alleged “serious misconduct”. The notice stated: “During November 2010, you gave instructions to Colonel B Padayachee and Colonel D Zulu to have the cellphones of certain journalists intercepted, knowing that such an application in terms of the Regulation of Interception of Communications and Provision of Communication-related Information Act would contain information which is false, incorrect or misleading.” The notice was overturned on March 2, after Moodley made submissions to police management and handed in affidavits from Padayachee and Zulu stating they had not been given any unlawful instructions. In their statements, they said they were asked by Moodley to investigate journalists who posed a threat to the organisation. Less than a week later, Moodley was instructed by Mkhwanazi to transfer immediately to head the SAPS Pinetown cluster, and Ndlovu was told to go to the Inanda cluster uniform branch. In the transfer notices both were told their moves were in line with service delivery requirements by the police in KZN.
Ndlovu claimed in court papers his transfer came a week after he had told Mkhwanazi, Masemola and a Brigadier Khumalo he had nonformation about Moodley’s alleged corruption. Since then, Brigadier Thuso Tshika was appointed to act in Moodley’s position. On Wednesday, it was agreed by consent that no-one could be appointed in Moodley and Ndlovu’s position in a full-time capacities until the hearing was completed. Their attorney, Carl van der Merwe, said the SAPS had until April 26 to file opposing papers. He has instructed advocate Charmaine Nel to represent both men. “If they oppose the matter, then we have until May 11 to file replying affidavits. The hearing has been set down for June 1.”
Moodley and Ndlovu will be on leave until the hearing and would not have to report for duty at Pinetown and Inanda. Their salary would not be docked and they could not be threatened by the SAPS with disciplinary processes, it was agreed. In an interview with the Daily News, Moodley said he had an “unblemished” career and was angry at the manner in which he was being treated. “I have been the head of crime intelligence in KZN since 2003. Why should I have to accept a lesser position? Transferring me to station level is a demotion. “I dodged bullets and risked my life for the police for all these years. I will not give up my post without a fight.”
Moodley, who earns an annual salary of R1 million, has been at home since February 10. “I was locked out of my office at provincial headquarters and had no option but to stay home. I have no station experience and can’t understand how my transfer is in line with service delivery requirements.” An equally disgruntled Ndlovu, who earns about R900 000 a year, said his transfer and the manner in which he was being treated had dented his image. “I miss what I am trained to do and want to go back to my job. I also plan to fight this all the way. I have done nothing wrong and should not be punished for no reason.”
Provincial secretary-general of police union Popcru, Kwenza Nxele, said Moodley and Ndlovu’s transfers were in breach of fair labour practice.
“The police have acted unlawfully and have not followed proper transfer policy processes. When an employee is removed from his or her position, proper channels must be followed.”
Source: IoL
Saturday, April 14, 2012
These scams hit us right where we live
From foreclosure frauds to subprime shenanigans, mortgage fraud is a growing crime threat that is hurting homeowners, businesses, and the national economy.
The Federal Bureau of Investigation has developed new ways to detect and combat mortgage fraud, including collecting and analyzing data to spot emerging trends and patterns. It uses the full array of investigative techniques to arrest white collar crime.
General Information
- Overview
- Mortgage Fraud Reports: 2010 | 2009 | 2008 | 2007 | 2006
- Response to Article on Mortgage Crisis
Source: FBI
The Federal Bureau of Investigation has developed new ways to detect and combat mortgage fraud, including collecting and analyzing data to spot emerging trends and patterns. It uses the full array of investigative techniques to arrest white collar crime.
General Information
- Overview
- Mortgage Fraud Reports: 2010 | 2009 | 2008 | 2007 | 2006
- Response to Article on Mortgage Crisis
Source: FBI
FNB accused of covering up fraud syndicate
A Johannesburg entrepreneur has accused FNB of covering up fraudulent misrepresentation by one of its officials in a transaction that cost him R1.3-million. FNB client Tamsanqa Moya, who had ordered vehicles from overseas for use in a bus transport venture, is suing the bank and a local car dealer for R6-million in connection with the costly transaction. He believes that FNB is concealing fraudulent activities by one of its forex officials, whom he alleges is operating a syndicate with figures outside the bank.
The Mail & Guardian has seen a letter from the official concerned, Laureley Simpson of FNB's branch at The Glen in Johannesburg, certifying that the bank had transferred R1.3-million to a company in mainland China for two 70-seater luxury coaches that never arrived.
FNB management has since said that Simpson issued the letter in error and that action has been taken against her. It has refused to provide further details. It sent Moya a letter, seen by the M&G, saying that all records of the transaction had disappeared. Police say the absence of these documents is hampering their investigation. Moya entered into an agreement with the dealer, Friedcorp 167 trading as Direct Car Sales, in October 2009 to buy the two coaches. He says that Friedcorp, which claimed it was an agent for Chinese minibus manufacturer Shenyang Brilliance Jinbei Automobile, promised to deliver the vehicles early if he paid up front.
A R1.3-million global transaction was made from his FNB business account to Friedcorp, which also had an account with the bank. When the coaches were not delivered, Moya said he terminated the agreement through his lawyer and demanded a refund. In response, Friedcorp representative Mohamed Azhar Saloojee had shown him documents from China stating that the buses were in production. In a letter seen by the M&G, Saloojee also said that when the coaches were ready, they could not be delivered in South Africa because they did not meet SABS standards and would have to be collected in Zimbabwe.
Moya was also shown the letter from Simpson confirming payment to the Chinese manufacturer. On the strength of the FNB assurance, Moya said he had entered into a second agreement with Friedcorp. "I was told that if I cancel the deal I will lose about 30% of the money, which I couldn't afford. I've been banking with FNB for almost ten years, so I assumed the deal was legitimate when they sent me a letter of confirmation."
Moya said he had got "the shock of his life" when he contacted the Shenyang Brilliance Jinbei Automobile in March 2010 to inquire about progress on the coaches. Revealing that the company does not manufacture coaches, Shenyang general manager Frank Qian denied receiving any order from Friedcorp or payment from FNB. "I was furious and laid a complaint with FNB," said Moya. "I also asked for a refund -- but the bank wouldn't help me. FNB is distancing itself from the matter and my fear is that this case could be closed after three years and I may not get a cent back," he said. He said he laid a fraud charge against Friedcorp with the police commercial crimes unit in Johannesburg.
The investigating officer, Captain Joel Ngobeni, told the M&G that no arrests were possible on the current evidence. "The forex department should have invoices from the Chinese company stating what they would be exporting to South Africa. Those have to be filled in by the bank," Ngobeni said. "We also need to establish if the money was definitely transferred to the said company in China for the buses." He said he had contacted the Chinese company, which said it only manufactured minibuses. He added that it was "puzzling" that such crucial documents should disappear from the bank, especially in a context where one of its officials had given a false assurance that Moya's R1.3-million had been transferred.
The Financial Intelligence Centre Act (Fica) requires banks to keep payment records for at least five years from the date on which transactions are concluded.
In another letter to Moya seen by the M&G, the bank said that after conducting its own investigations it had concluded that Simpson erred in confirming that the transaction was for the purchase of coaches in China. Simpson had not known the reason for the transfer, it said, and had relied mainly on a statement provided by Friedcorp's owners. It said it could not be held liable for Moya's losses and would not involve itself further in the dispute, which was between him and Friedcorp. In papers lodged with the South Gauteng High Court in Johannesburg, Moya is claiming a R1.3-million upfront payment and R5-million in damages in respect of the net profit he would have generated had the buses had been delivered on time.
FNB spokesperson Maryke Wessels said the bank does not believe it is liable for Moya's losses. She declined to comment further as the legal case is still pending, but said the bank was cooperating with the police on the matter.
The M&G has tried for several weeks to contact Mohamed Azhar Saloojee on his cellphone, without success.
Source: Mail & Guardian
The Mail & Guardian has seen a letter from the official concerned, Laureley Simpson of FNB's branch at The Glen in Johannesburg, certifying that the bank had transferred R1.3-million to a company in mainland China for two 70-seater luxury coaches that never arrived.
FNB management has since said that Simpson issued the letter in error and that action has been taken against her. It has refused to provide further details. It sent Moya a letter, seen by the M&G, saying that all records of the transaction had disappeared. Police say the absence of these documents is hampering their investigation. Moya entered into an agreement with the dealer, Friedcorp 167 trading as Direct Car Sales, in October 2009 to buy the two coaches. He says that Friedcorp, which claimed it was an agent for Chinese minibus manufacturer Shenyang Brilliance Jinbei Automobile, promised to deliver the vehicles early if he paid up front.
A R1.3-million global transaction was made from his FNB business account to Friedcorp, which also had an account with the bank. When the coaches were not delivered, Moya said he terminated the agreement through his lawyer and demanded a refund. In response, Friedcorp representative Mohamed Azhar Saloojee had shown him documents from China stating that the buses were in production. In a letter seen by the M&G, Saloojee also said that when the coaches were ready, they could not be delivered in South Africa because they did not meet SABS standards and would have to be collected in Zimbabwe.
Moya was also shown the letter from Simpson confirming payment to the Chinese manufacturer. On the strength of the FNB assurance, Moya said he had entered into a second agreement with Friedcorp. "I was told that if I cancel the deal I will lose about 30% of the money, which I couldn't afford. I've been banking with FNB for almost ten years, so I assumed the deal was legitimate when they sent me a letter of confirmation."
Moya said he had got "the shock of his life" when he contacted the Shenyang Brilliance Jinbei Automobile in March 2010 to inquire about progress on the coaches. Revealing that the company does not manufacture coaches, Shenyang general manager Frank Qian denied receiving any order from Friedcorp or payment from FNB. "I was furious and laid a complaint with FNB," said Moya. "I also asked for a refund -- but the bank wouldn't help me. FNB is distancing itself from the matter and my fear is that this case could be closed after three years and I may not get a cent back," he said. He said he laid a fraud charge against Friedcorp with the police commercial crimes unit in Johannesburg.
The investigating officer, Captain Joel Ngobeni, told the M&G that no arrests were possible on the current evidence. "The forex department should have invoices from the Chinese company stating what they would be exporting to South Africa. Those have to be filled in by the bank," Ngobeni said. "We also need to establish if the money was definitely transferred to the said company in China for the buses." He said he had contacted the Chinese company, which said it only manufactured minibuses. He added that it was "puzzling" that such crucial documents should disappear from the bank, especially in a context where one of its officials had given a false assurance that Moya's R1.3-million had been transferred.
The Financial Intelligence Centre Act (Fica) requires banks to keep payment records for at least five years from the date on which transactions are concluded.
In another letter to Moya seen by the M&G, the bank said that after conducting its own investigations it had concluded that Simpson erred in confirming that the transaction was for the purchase of coaches in China. Simpson had not known the reason for the transfer, it said, and had relied mainly on a statement provided by Friedcorp's owners. It said it could not be held liable for Moya's losses and would not involve itself further in the dispute, which was between him and Friedcorp. In papers lodged with the South Gauteng High Court in Johannesburg, Moya is claiming a R1.3-million upfront payment and R5-million in damages in respect of the net profit he would have generated had the buses had been delivered on time.
FNB spokesperson Maryke Wessels said the bank does not believe it is liable for Moya's losses. She declined to comment further as the legal case is still pending, but said the bank was cooperating with the police on the matter.
The M&G has tried for several weeks to contact Mohamed Azhar Saloojee on his cellphone, without success.
Source: Mail & Guardian
Friday, April 13, 2012
Cele's phone was bugged - report
The Hawks are investigating criminal charges over claims that the phone of suspended national police commissioner Bheki Cele was bugged. “Yes, we can confirm that there is an investigation... It’s at an advanced stage,” Hawks spokesman McIntosh Polela told the Mail & Guardian.
The newspaper reported that Cele’s phone was bugged by his own intelligence division, and that the interception began in late 2010. Approached to comment on the allegations, Cele said he had not initially taken the matter seriously. “I honestly dismissed the rumour of this as a bad joke when they reached my ears a year or so ago. I now have good reason to ask the inspector general of intelligence to investigate this matter... a brazen violation of my rights,” Cele said.
Source: Mail & Guardian
The newspaper reported that Cele’s phone was bugged by his own intelligence division, and that the interception began in late 2010. Approached to comment on the allegations, Cele said he had not initially taken the matter seriously. “I honestly dismissed the rumour of this as a bad joke when they reached my ears a year or so ago. I now have good reason to ask the inspector general of intelligence to investigate this matter... a brazen violation of my rights,” Cele said.
Source: Mail & Guardian
Wednesday, April 11, 2012
Crime Intelligence Head Saga Reveals a Growing Threat to the Rule of Law in South Africa
For the past few weeks, South Africans have been subjected to a number of disturbing media reports alleging political interference to cover up corruption affecting the highest levels of the South African Police Service (SAPS) and the National Prosecuting Authority (NPA). That these ongoing allegations have not been dealt with in an accountable and transparent manner bodes badly for the future of the country’s criminal justice system. The saga of this disturbing episode also sheds light on the nature of an emerging threat to the rule of law in South Africa.
Two months after Jacob Zuma was sworn in as president of South Africa on 9 May 2009, Richard Mdluli, was appointed as the national Head of the SAPS Crime Intelligence Division in the post of a Lieutenant-General. This placed him in one of the most powerful positions in the SAPS allowing him to oversee and direct the state’s capacity to gather both real-time and historical information on virtually any individual in the country. It then emerged that Mdluli’s appointment had been irregular as it was the result of inappropriate political interference. The SAPS Act of 1995 (chapter 4, section 6) requires that the National Commissioner appoint the deputy national and divisional commissioners. However, then Acting National Commissioner at the time, Lieutenant-General Tim Williams, revealed that Mdluli, was appointed by a panel consisting solely of four cabinet members without any police officials or experts on crime intelligence being present.
The Mail and Guardian has reported that Mdluli was appointed to this position because he assisted President Jacob Zuma escape various criminal charges. In particular, Mduli was alleged to have played a key role in the illegal leaking of confidential crime intelligence tape recordings to Zuma’s criminal defence lawyers. The tapes purported to be of the then NPA’s Head of the Directorate of Special operations (also known as the Scorpions) Leonard McCarthy allegedly discussing when to reinstate charges of corruption, money laundering, fraud and racketeering against Zuma with the ex-head of the NPA Bulelani Nguka. These tapes were made while Mdluli was the head of SAPS Crime Intelligence in the Gauteng Province and was allegedly paying a leading role in a police campaign to derail the corruption investigation and prosecution against then SAPS National Commissioner, Jackie Selebi.
The tapes were later used by then acting National Director of Public Prosecutions (NDPP) Mokotedi Mpshe to controversially withdraw 783 criminal charges against Zuma paving his way to assume the position of President of the Republic of South Africa. Zuma, through his spokesperson has denied that he had anything to do with the appointment of Mdluli.
During September of 2011, Mdluli was investigated by the elite Directorate of Priority Crime Investigations (also known as the Hawks) and charged with separate cases of murder and corruption. During his bail hearing Mdluli argued that the charges against him were motivated by a political conspiracy against him because he was seen as close to Zuma. To support this claim, he handed as evidence before the court a ‘ground intelligence report’, providing details about various senior ANC politicians. The report claimed that these leaders had held a meeting to discuss removing Zuma as party president at the upcoming 2012 ANC National Conference. Mdluli also handed to the court a letter he had written to Zuma requesting his assistance dated 11 November 2011, claiming that the criminal charges were as a result of a conspiracy against him by junior intelligence officers who had been aligned to previous president Thabo Mbeki.
The evidence before the court in Mdluli’s bail hearing, raises the concern that either most powerful SAPS Divisional Head or other officers were abusing their official police position and state resources with regards to internal matters of the ruling political party. A month after President Zuma received Mdluli’s letter, the NPA controversially withdrew the criminal charges against Mdluli and forwarded the docket to the Inspector General of Intelligence, Faith Radebe.
What made this a particularly controversial decision is that the NPA had commissioned an independent legal opinion, which found that there was sufficient evidence to criminally prosecute Mdluli. Moreover, the Mail and Guardian reported on a letter written by Radebe, on 19 March 2012 that stated, “We are of the opinion that the reasons advanced by the NPA in support of the withdrawal of the criminal charges are inaccurate and legally flawed. We therefore recommend that this matter be referred back to the NPA for the institution of criminal charges.”
The NPA refused to recharge Mdluli, stating that in their opinion there was insufficient evidence to charge him. This in spite of various recommendations to the contrary. Unfortunately, the NPA is already under a cloud following a range of controversial appointments to the senior echelons of the agency. The Supreme Court of Appeal unanimously ruled that President Zuma’s appointment of Menzi Simelane as the NDPP, was “irrational” considering the substantial evidence available that he was not a fit and proper person for this important position. Nevertheless, Zuma then appointed another tainted individual as the acting NDPP, Advocate Nomgcobo Jiba. Jiba’s credibility had been severely undermined following her suspension from the NPA pending a disciplinary hearing on charges of unprofessional conduct, dishonesty, fraud and bringing the NPA into disrepute in December 2007. This was in relation to her role in assisting the police obtain a warrant of arrest against Advocate Gerrie Nel, the lead prosecutor in the Selebi corruption case.
This attempt to interfere in the Selebi case was slammed by the High Court. Although suspended, Jiba had managed stay the disciplinary hearing against her by launching various court applications. During one of these legal challenges, Mduli had testified as a character witness on her behalf. Eventually, those leading the charges against her left the NPA and she was allowed to keep her job in a settlement in which she paid the NPAs costs. Current concerns about the credibility of the acting NDPP are that Jiba may feel a substantial degree of indebtedness to Zuma. Not only had Zuma overlooked Jiba’s chequered past when he appointed her to head the NPA, but he also used his presidential authority to expunge her husband’s, 2005 criminal conviction for stealing R193 000 from a clients trust while he was a practicing attorney.
In addition to the criminal charges against Mdluli, a subsequent separate internal SAPS Crime Intelligence investigation found evidence alleging that he was directly implicated in widespread theft and corruption involving the SAPS Secret Services Account. Allegations in the report included that Mdluli had irregularly employed at least 23 family members and friends, misused state vehicles, safe houses and state funds for his own benefit in addition to a range of other corrupt activities. Many were surprised when it was reported that the head of the Hawks, Lieutenant-General Anwar Dramat, had suddenly halted all criminal investigations into Mdluli and other members of the SAPS Crime Intelligence Division, allegedly on instruction from the current Acting National Commissioner, General Nhlanhla Mkhwanazi.
The City Press then published a report alleging that Mkhwanazi had received an instruction from the Minister of Police Nathi Mthethwa, to cease all investigations into Mdluli and to reinstate him to the SAPS National Head of Crime Intelligence. This past weekend, the City Press reported that that the Minister of Police himself is alleged to have illegally benefited from the Secret Service Account which was used to pay for R195 500 worth of renovations to the Ministers private residence. The Minister has publicly denied all allegations and stated that he would be requesting that the Auditor-General investigate these allegations.
Richard Mdluli is now back in his post with a large number of serious allegations hanging over his head, and the heads of the NDPP and the Minister of Police. All processes to examine any evidence supporting the allegations in an open and accountable manner have been halted without adequate explanation. The only official statement from the SAPS is that this is an internal matter and no further comment will be forthcoming.
The many honest, hard working police men and women who place their lives on the line fighting crime need to trust that those leading them are beyond reproach. Similarly, those who take to the courts each day to prosecute criminals in the interest of justice need to feel pride in their institution and what it represents. The only way to sort through the various allegations affecting those that are meant to lead the criminal justice system is for an independent judicial commission of inquiry to test the evidence behind the allegations in a transparent and fair manner. In this way, those that may have abused their positions can be identified and measures taken to prevent reoccurrence. This will restore faith in the criminal justice system. However, if these allegations are left unchallenged it will severely damage public trust in those in charge of the criminal justice system, and then without a doubt, the principle of the rule of law in South Africa is in deep trouble.
Source: ISS
Two months after Jacob Zuma was sworn in as president of South Africa on 9 May 2009, Richard Mdluli, was appointed as the national Head of the SAPS Crime Intelligence Division in the post of a Lieutenant-General. This placed him in one of the most powerful positions in the SAPS allowing him to oversee and direct the state’s capacity to gather both real-time and historical information on virtually any individual in the country. It then emerged that Mdluli’s appointment had been irregular as it was the result of inappropriate political interference. The SAPS Act of 1995 (chapter 4, section 6) requires that the National Commissioner appoint the deputy national and divisional commissioners. However, then Acting National Commissioner at the time, Lieutenant-General Tim Williams, revealed that Mdluli, was appointed by a panel consisting solely of four cabinet members without any police officials or experts on crime intelligence being present.
The Mail and Guardian has reported that Mdluli was appointed to this position because he assisted President Jacob Zuma escape various criminal charges. In particular, Mduli was alleged to have played a key role in the illegal leaking of confidential crime intelligence tape recordings to Zuma’s criminal defence lawyers. The tapes purported to be of the then NPA’s Head of the Directorate of Special operations (also known as the Scorpions) Leonard McCarthy allegedly discussing when to reinstate charges of corruption, money laundering, fraud and racketeering against Zuma with the ex-head of the NPA Bulelani Nguka. These tapes were made while Mdluli was the head of SAPS Crime Intelligence in the Gauteng Province and was allegedly paying a leading role in a police campaign to derail the corruption investigation and prosecution against then SAPS National Commissioner, Jackie Selebi.
The tapes were later used by then acting National Director of Public Prosecutions (NDPP) Mokotedi Mpshe to controversially withdraw 783 criminal charges against Zuma paving his way to assume the position of President of the Republic of South Africa. Zuma, through his spokesperson has denied that he had anything to do with the appointment of Mdluli.
During September of 2011, Mdluli was investigated by the elite Directorate of Priority Crime Investigations (also known as the Hawks) and charged with separate cases of murder and corruption. During his bail hearing Mdluli argued that the charges against him were motivated by a political conspiracy against him because he was seen as close to Zuma. To support this claim, he handed as evidence before the court a ‘ground intelligence report’, providing details about various senior ANC politicians. The report claimed that these leaders had held a meeting to discuss removing Zuma as party president at the upcoming 2012 ANC National Conference. Mdluli also handed to the court a letter he had written to Zuma requesting his assistance dated 11 November 2011, claiming that the criminal charges were as a result of a conspiracy against him by junior intelligence officers who had been aligned to previous president Thabo Mbeki.
The evidence before the court in Mdluli’s bail hearing, raises the concern that either most powerful SAPS Divisional Head or other officers were abusing their official police position and state resources with regards to internal matters of the ruling political party. A month after President Zuma received Mdluli’s letter, the NPA controversially withdrew the criminal charges against Mdluli and forwarded the docket to the Inspector General of Intelligence, Faith Radebe.
What made this a particularly controversial decision is that the NPA had commissioned an independent legal opinion, which found that there was sufficient evidence to criminally prosecute Mdluli. Moreover, the Mail and Guardian reported on a letter written by Radebe, on 19 March 2012 that stated, “We are of the opinion that the reasons advanced by the NPA in support of the withdrawal of the criminal charges are inaccurate and legally flawed. We therefore recommend that this matter be referred back to the NPA for the institution of criminal charges.”
The NPA refused to recharge Mdluli, stating that in their opinion there was insufficient evidence to charge him. This in spite of various recommendations to the contrary. Unfortunately, the NPA is already under a cloud following a range of controversial appointments to the senior echelons of the agency. The Supreme Court of Appeal unanimously ruled that President Zuma’s appointment of Menzi Simelane as the NDPP, was “irrational” considering the substantial evidence available that he was not a fit and proper person for this important position. Nevertheless, Zuma then appointed another tainted individual as the acting NDPP, Advocate Nomgcobo Jiba. Jiba’s credibility had been severely undermined following her suspension from the NPA pending a disciplinary hearing on charges of unprofessional conduct, dishonesty, fraud and bringing the NPA into disrepute in December 2007. This was in relation to her role in assisting the police obtain a warrant of arrest against Advocate Gerrie Nel, the lead prosecutor in the Selebi corruption case.
This attempt to interfere in the Selebi case was slammed by the High Court. Although suspended, Jiba had managed stay the disciplinary hearing against her by launching various court applications. During one of these legal challenges, Mduli had testified as a character witness on her behalf. Eventually, those leading the charges against her left the NPA and she was allowed to keep her job in a settlement in which she paid the NPAs costs. Current concerns about the credibility of the acting NDPP are that Jiba may feel a substantial degree of indebtedness to Zuma. Not only had Zuma overlooked Jiba’s chequered past when he appointed her to head the NPA, but he also used his presidential authority to expunge her husband’s, 2005 criminal conviction for stealing R193 000 from a clients trust while he was a practicing attorney.
In addition to the criminal charges against Mdluli, a subsequent separate internal SAPS Crime Intelligence investigation found evidence alleging that he was directly implicated in widespread theft and corruption involving the SAPS Secret Services Account. Allegations in the report included that Mdluli had irregularly employed at least 23 family members and friends, misused state vehicles, safe houses and state funds for his own benefit in addition to a range of other corrupt activities. Many were surprised when it was reported that the head of the Hawks, Lieutenant-General Anwar Dramat, had suddenly halted all criminal investigations into Mdluli and other members of the SAPS Crime Intelligence Division, allegedly on instruction from the current Acting National Commissioner, General Nhlanhla Mkhwanazi.
The City Press then published a report alleging that Mkhwanazi had received an instruction from the Minister of Police Nathi Mthethwa, to cease all investigations into Mdluli and to reinstate him to the SAPS National Head of Crime Intelligence. This past weekend, the City Press reported that that the Minister of Police himself is alleged to have illegally benefited from the Secret Service Account which was used to pay for R195 500 worth of renovations to the Ministers private residence. The Minister has publicly denied all allegations and stated that he would be requesting that the Auditor-General investigate these allegations.
Richard Mdluli is now back in his post with a large number of serious allegations hanging over his head, and the heads of the NDPP and the Minister of Police. All processes to examine any evidence supporting the allegations in an open and accountable manner have been halted without adequate explanation. The only official statement from the SAPS is that this is an internal matter and no further comment will be forthcoming.
The many honest, hard working police men and women who place their lives on the line fighting crime need to trust that those leading them are beyond reproach. Similarly, those who take to the courts each day to prosecute criminals in the interest of justice need to feel pride in their institution and what it represents. The only way to sort through the various allegations affecting those that are meant to lead the criminal justice system is for an independent judicial commission of inquiry to test the evidence behind the allegations in a transparent and fair manner. In this way, those that may have abused their positions can be identified and measures taken to prevent reoccurrence. This will restore faith in the criminal justice system. However, if these allegations are left unchallenged it will severely damage public trust in those in charge of the criminal justice system, and then without a doubt, the principle of the rule of law in South Africa is in deep trouble.
Source: ISS
Tuesday, April 10, 2012
The indomitable David Mabuza, still the king of Mpumalanga
ANC chairman in Mpumalanga David Mabuza was elected unopposed in the party’s congress over the weekend. Yes, in the same way that Malema was elected unopposed last year. The ANC clearly has no appetite to kick another troubling leader out. You’d think the lesson of waiting too late to ostracise such a man would have been learned. By SIPHO HLONGWANE.
The way the ANC is structured is that it always seeks to point power upwards. More centralisation is good. Even so, provincial structures do exist, and the amount of influence that a provincial boss can exert is almost endless, if certain legal niceties are ignored. This arrangement has proven to be the perfect incubation for powerful regional party leaders, who turn out to be corrupt as well.
This growing trend ought to worry the ANC leadership, if it doesn’t already.
Two examples of this trend stand out: John Block of the Northern Cape, and David Mabuza of Mpumalanga.
Mpumalanga held its provincial congress over the weekend, where Mabuza and his entire slate were elected unopposed. It was expected that provincial treasurer and health MEC Clifford Mkasi would run against the party leader after the ANC Youth League in Mpumalanga touted him as their favoured candidate, but he declined his nomination.
The alliance partners of the ANC as well as the ANCYL complained that the entire process had been tainted by Mabuza. The SACP and Mpumalanga branch of Cosatu have accused Mabuza of using his position as premier to enrich himself and his allies. “The Youth League has also complained of being marginalised during his term. The provincial youth league, Cosatu and the SACP consider Mabuza unfit to hold the esteemed ANC position,” the Mail & Guardian reported.
They also said that they had intentionally been denied speaking opportunities at the congress on Sunday, apparently because Mabuza didn’t want their speakers to tell the delegates what they really thought of him. Ironically for the Mpumalanga ANCYL, its former national leader Julius Malema pulled a similar trick at the league’s national congress last year to ensure he’d run unopposed.
All of this happened against the backdrop of ANC president Jacob Zuma’s speech, in which he called for unity and asked for the enmity between different provincial factions to come to an end. It would appear that Mabuza happily complied by ensuring that his opponents didn’t get to speak or vote for another candidate.
Mpumalanga is not a stranger to what seems to be political assassinations. Caswell Maluleke, a council speaker in Ehlanzeni, was shot 14 times in April 2000. He was the mayor of Bushbuckridge at the time and had been appointed to help re-establish the defunct Bohlabela District Municipality in Limpopo. In 2009, Mbombela speaker Jimmy Mohlala was killed after he started speaking out against tender corruption around the construction of the world cup stadium in that city. Last year, Ehlanzeni chief whip John Ndlovu was murdered.
The most dramatic example of the rot in Mpumalanga was the highly public arrest of Sunday Times investigative journalist Mzilikazi wa Afrika in August 2010. He was arrested for reportedly having a forged letter sent to Zuma by Mabuza, in which he resigned as premier. The case eventually fell apart, but the arrest and subsequent interrogation by the Hawks and the police was seen as being politically motivated. The move was very stupid, but the truly chilling part is that Mabuza not only knew he could get away with it, but his own party let him get away with it.
All of this happened while Mabuza was in power, and amid widespread graft and very poor service delivery.
Let us not forget John Block, the Northern Cape party leader who was arrested for corruption in late 2010. He is the finance MEC for the Northern Cape as well as being the party chairman. At his trial, he not only enjoyed the support of picketing supporters outside (who claim that the case is politically motivated) but also that of premier Hazel Jenkins, who has made a habit of sitting in the front row of the court when Block’s case is being heard.
So where does Mabuza’s re-election leave the ANC? Zuma for one will be sleeping a lot easier: his staunch supporter has won. What this steamrolling and bullying of opponents will mean for Mangaung has yet to be seen, since another candidate has yet to officially present him- or herself. As for his opponents, Mabuza has grandly promised not to make a provincial reshuffle to punish those who didn’t support him.
Where it leaves the rest of us is uncertain. There is the very real problem that ANC members are using their positions in government to run the province as their personal fiefdoms, and it seems there is precious little that can or will be done about it. From a political perspective, Zuma has nothing to gain by upsetting a major ally. Intervention in dysfunctional provinces hasn’t exactly proven to be a miracle drug and has only served to soil relations between provinces and the national leadership within the ANC.
There’s the frightening thought that these provincial men and women might take this habit with them into national positions. And who is going to step in to stop them, what with Zuma himself finding the very narrow path of strict legality so hard to tread?
Don’t forget David Mabuza. His face could one day be that of our slip into a very bad place. DM
The way the ANC is structured is that it always seeks to point power upwards. More centralisation is good. Even so, provincial structures do exist, and the amount of influence that a provincial boss can exert is almost endless, if certain legal niceties are ignored. This arrangement has proven to be the perfect incubation for powerful regional party leaders, who turn out to be corrupt as well.
This growing trend ought to worry the ANC leadership, if it doesn’t already.
Two examples of this trend stand out: John Block of the Northern Cape, and David Mabuza of Mpumalanga.
Mpumalanga held its provincial congress over the weekend, where Mabuza and his entire slate were elected unopposed. It was expected that provincial treasurer and health MEC Clifford Mkasi would run against the party leader after the ANC Youth League in Mpumalanga touted him as their favoured candidate, but he declined his nomination.
The alliance partners of the ANC as well as the ANCYL complained that the entire process had been tainted by Mabuza. The SACP and Mpumalanga branch of Cosatu have accused Mabuza of using his position as premier to enrich himself and his allies. “The Youth League has also complained of being marginalised during his term. The provincial youth league, Cosatu and the SACP consider Mabuza unfit to hold the esteemed ANC position,” the Mail & Guardian reported.
They also said that they had intentionally been denied speaking opportunities at the congress on Sunday, apparently because Mabuza didn’t want their speakers to tell the delegates what they really thought of him. Ironically for the Mpumalanga ANCYL, its former national leader Julius Malema pulled a similar trick at the league’s national congress last year to ensure he’d run unopposed.
All of this happened against the backdrop of ANC president Jacob Zuma’s speech, in which he called for unity and asked for the enmity between different provincial factions to come to an end. It would appear that Mabuza happily complied by ensuring that his opponents didn’t get to speak or vote for another candidate.
Mpumalanga is not a stranger to what seems to be political assassinations. Caswell Maluleke, a council speaker in Ehlanzeni, was shot 14 times in April 2000. He was the mayor of Bushbuckridge at the time and had been appointed to help re-establish the defunct Bohlabela District Municipality in Limpopo. In 2009, Mbombela speaker Jimmy Mohlala was killed after he started speaking out against tender corruption around the construction of the world cup stadium in that city. Last year, Ehlanzeni chief whip John Ndlovu was murdered.
The most dramatic example of the rot in Mpumalanga was the highly public arrest of Sunday Times investigative journalist Mzilikazi wa Afrika in August 2010. He was arrested for reportedly having a forged letter sent to Zuma by Mabuza, in which he resigned as premier. The case eventually fell apart, but the arrest and subsequent interrogation by the Hawks and the police was seen as being politically motivated. The move was very stupid, but the truly chilling part is that Mabuza not only knew he could get away with it, but his own party let him get away with it.
All of this happened while Mabuza was in power, and amid widespread graft and very poor service delivery.
Let us not forget John Block, the Northern Cape party leader who was arrested for corruption in late 2010. He is the finance MEC for the Northern Cape as well as being the party chairman. At his trial, he not only enjoyed the support of picketing supporters outside (who claim that the case is politically motivated) but also that of premier Hazel Jenkins, who has made a habit of sitting in the front row of the court when Block’s case is being heard.
So where does Mabuza’s re-election leave the ANC? Zuma for one will be sleeping a lot easier: his staunch supporter has won. What this steamrolling and bullying of opponents will mean for Mangaung has yet to be seen, since another candidate has yet to officially present him- or herself. As for his opponents, Mabuza has grandly promised not to make a provincial reshuffle to punish those who didn’t support him.
Where it leaves the rest of us is uncertain. There is the very real problem that ANC members are using their positions in government to run the province as their personal fiefdoms, and it seems there is precious little that can or will be done about it. From a political perspective, Zuma has nothing to gain by upsetting a major ally. Intervention in dysfunctional provinces hasn’t exactly proven to be a miracle drug and has only served to soil relations between provinces and the national leadership within the ANC.
There’s the frightening thought that these provincial men and women might take this habit with them into national positions. And who is going to step in to stop them, what with Zuma himself finding the very narrow path of strict legality so hard to tread?
Don’t forget David Mabuza. His face could one day be that of our slip into a very bad place. DM
Friday, April 6, 2012
FBI Financial Intelligence Center Getting Ahead of Crime
Investigating financial crime is like working a puzzle—you have to fit all of the pieces of information together in order to see the entire picture. The FBI’s Financial Intelligence Center in Washington, D.C., does just that, linking disparate pieces of data to give our field investigators a clearer picture of possible criminal activity in their regions.
The center was established in the fall of 2009 in response to the financial crisis at that time—its mission was to identify potential investigative targets engaged in mortgage fraud. Because of its success, the center’s focus expanded to include other types of financial crimes, like securities/commodities fraud, health care fraud, money laundering, fraud against the government, and even public corruption (which usually involves financial wrongdoing of some sort).
The center is staffed primarily by intelligence analysts and staff operations specialists. Their first order of business is to review large datasets that come from the FBI, other law enforcement and regulatory agencies, consumer complaint websites, etc. Computer programs cull out data with common themes (i.e., similar scams, similar names). That data is researched and analyzed to help further identify potential subjects and/or activity, and the results are organized using spreadsheets and link analysis in order to draw connections among all the key players. If there is good reason to believe that criminal activity exists, the results are summarized in an intelligence package and sent to the appropriate field office.
During fiscal year 2011, FBI offices opened dozens of investigations based on the center’s intelligence packages.
Current initiatives
In response to some of the most serious financial crimes, the Financial Intelligence Center is working on a number of specific initiatives, such as:
Of course, we don’t do this alone—we work closely with our partners. As a matter of fact, our analysts are currently or will soon be embedded in the Office of the Special Inspector General for the Troubled Asset Relief Program, the SEC, the Internal Revenue Service, the FTC, and the CMS…to expand even further the pool of data that can be used by all to uncover financial crime.
The bottom line of the FBI’s Financial Intelligence Center: to work proactively to help identify the nation’s most egregious criminal enterprises.
Resources: FBI Financial Crimes Report to the Public
The center was established in the fall of 2009 in response to the financial crisis at that time—its mission was to identify potential investigative targets engaged in mortgage fraud. Because of its success, the center’s focus expanded to include other types of financial crimes, like securities/commodities fraud, health care fraud, money laundering, fraud against the government, and even public corruption (which usually involves financial wrongdoing of some sort).
The center is staffed primarily by intelligence analysts and staff operations specialists. Their first order of business is to review large datasets that come from the FBI, other law enforcement and regulatory agencies, consumer complaint websites, etc. Computer programs cull out data with common themes (i.e., similar scams, similar names). That data is researched and analyzed to help further identify potential subjects and/or activity, and the results are organized using spreadsheets and link analysis in order to draw connections among all the key players. If there is good reason to believe that criminal activity exists, the results are summarized in an intelligence package and sent to the appropriate field office.
During fiscal year 2011, FBI offices opened dozens of investigations based on the center’s intelligence packages.
Current initiatives
In response to some of the most serious financial crimes, the Financial Intelligence Center is working on a number of specific initiatives, such as:
- Foreclosure rescue fraud, where analysts collect and analyze deceptive practices complaint data from the Federal Trade Commission (FTC), which is then cross-referenced with suspicious activity reports filed by financial institutions;
- Securities and corporate fraud, in which the center partners with the Commodities and Futures
- Trading Commission and Securities and Exchange Commission (SEC) to review civil referrals for possible criminal violations;
- Health care fraud, which involves us working with the Centers for Medicare and Medicaid (CMS) and the Department of Justice on a new predictive modeling system that uses algorithms to generate lists of medical professionals potentially engaging in health care fraud; and
- Money laundering, in which analysts review incoming intelligence from the FBI’s Southwest Border Initiative to determine if subjects are laundering proceeds from criminal activities.
Of course, we don’t do this alone—we work closely with our partners. As a matter of fact, our analysts are currently or will soon be embedded in the Office of the Special Inspector General for the Troubled Asset Relief Program, the SEC, the Internal Revenue Service, the FTC, and the CMS…to expand even further the pool of data that can be used by all to uncover financial crime.
The bottom line of the FBI’s Financial Intelligence Center: to work proactively to help identify the nation’s most egregious criminal enterprises.
Resources: FBI Financial Crimes Report to the Public
Defiant Juju thumbs nose at ANC's bid 'to silence him'
In open defiance of the conditions of his suspension from the ANC, youth
league leader Julius Malema has addressed a church service in
Butterworth in the Eastern Cape. The SABC reported that Malema had spoken out against what he called
"individuals trying to silence him" at a second church service which he
had attended.
"I will never be silenced. There is nobody who has a right to silence me," the Dispatch Online quoted Malema as saying on Friday. "The right to speak was given to me from the day I was born." According to the Dispatch Online, Malema said he was not at the Last Move Ministries church to speak politics. "When everything is difficult out there, the only safe place is church because in church you don't discriminate. We are here to receive blessings. We want the church to pray for us because those that used to be our friends have turned against us. They have not only turned against us but plan our death," he was quoted as saying.
In a statement on Thursday, ANC Youth League spokesperson Floyd Shivambu said: "In celebrating Easter Friday and commemorating the life of Solomon Mahlangu, president Julius Malema will visit the Twelve Apostles' Church in Christ in Butterworth."
Mahlangu was an Umkhonto we Sizwe soldier hanged by the apartheid government in 1979. Malema was visiting the church in his capacity as the league's president, Shivambu said. He said Malema had not spoken at the Twelve Apostles' Church in Christ, but the embattled youth league leader had reportedly attended a second church service at Last Move Ministries, where he did speak.
This was Malema's first public appearance since the suspension. According to the SABC he was accompanied by members of the league's national executive committee, the provincial executive and National Youth Development Agency chair, Andile Lungisa.
On Wednesday, Malema was gagged and temporarily suspended by the ANC's national disciplinary committee (NDC), a move which forbids him exercising any duty as an ANC member, president of the ANCYL or member of the Limpopo provincial executive committee. Malema's temporary suspension from the party followed comments he made at a centenary lecture at the University of the Witwatersrand last Friday. Malema called ANC President Jacob Zuma a dictator and said he was suppressing the youth league. The ANCYL leader was informed on Wednesday morning of his immediate temporary suspension, and that the NDC would bring disciplinary proceedings against him. The NDC had instituted special measures because of Malema's repeated behaviour. Malema is appealing his expulsion from the ANC for sowing division in the party and for bringing it into disrepute. The appeals hearing was expected to take place on April 12.
The two disciplinary proceedings are separate.
Source: Mail & Guadian
"I will never be silenced. There is nobody who has a right to silence me," the Dispatch Online quoted Malema as saying on Friday. "The right to speak was given to me from the day I was born." According to the Dispatch Online, Malema said he was not at the Last Move Ministries church to speak politics. "When everything is difficult out there, the only safe place is church because in church you don't discriminate. We are here to receive blessings. We want the church to pray for us because those that used to be our friends have turned against us. They have not only turned against us but plan our death," he was quoted as saying.
In a statement on Thursday, ANC Youth League spokesperson Floyd Shivambu said: "In celebrating Easter Friday and commemorating the life of Solomon Mahlangu, president Julius Malema will visit the Twelve Apostles' Church in Christ in Butterworth."
Mahlangu was an Umkhonto we Sizwe soldier hanged by the apartheid government in 1979. Malema was visiting the church in his capacity as the league's president, Shivambu said. He said Malema had not spoken at the Twelve Apostles' Church in Christ, but the embattled youth league leader had reportedly attended a second church service at Last Move Ministries, where he did speak.
This was Malema's first public appearance since the suspension. According to the SABC he was accompanied by members of the league's national executive committee, the provincial executive and National Youth Development Agency chair, Andile Lungisa.
On Wednesday, Malema was gagged and temporarily suspended by the ANC's national disciplinary committee (NDC), a move which forbids him exercising any duty as an ANC member, president of the ANCYL or member of the Limpopo provincial executive committee. Malema's temporary suspension from the party followed comments he made at a centenary lecture at the University of the Witwatersrand last Friday. Malema called ANC President Jacob Zuma a dictator and said he was suppressing the youth league. The ANCYL leader was informed on Wednesday morning of his immediate temporary suspension, and that the NDC would bring disciplinary proceedings against him. The NDC had instituted special measures because of Malema's repeated behaviour. Malema is appealing his expulsion from the ANC for sowing division in the party and for bringing it into disrepute. The appeals hearing was expected to take place on April 12.
The two disciplinary proceedings are separate.
Source: Mail & Guadian
Malawi president dies after suffering heart attack
Malawi's President Bingu wa Mutharika has died after a heart attack, a hospital source said on Friday, but the government's official silence has created political suspense over his succession. The impoverished nation was plunged into a long night of intrigue after Mutharika's heart attack in the capital Lilongwe. He was rushed to hospital but doctors were unable to save him, a source at the hospital said. "He died ... after two hours of resuscitation", shortly after midnight, the hospital source said, speaking on condition of anonymity because the government has not yet made a formal announcement.
Mutharika was reported by state radio to have been airlifted to South Africa in the early morning hours. Reporters at the airport in Lilongwe said they were chased from the terminal during the night departure. Neither the South African government nor hospital officials in Johannesburg could comment on Mutharika, saying only Malawi's government was authorised to speak about the president. The hospital source in Lilongwe said he was taken to South Africa to be embalmed, in a move widely seen as an attempt by the ruling Democratic Progressive Party to get its house in order over the succession issue.
Under the Constitution, Vice-President Joyce Banda is next in line. But that succession is politically fraught because Mutharika kicked her out of the ruling party in 2010 as he chose to groom his brother as heir apparent instead of her. Her ouster angered many urban voters who saw the move as an attempt by Mutharika to concentrate his power. Mutharika, a former World Bank economist who first came to power in 2004, was re-elected with a sweeping majority in 2009 as president of the poor Southern African country. But he has increasingly come under fire for attempts to rein in the media and to shield the government from public criticism. His feuds with donors and lenders like the International Monetary Fund have hamstrung the economy in an aid-dependent nation, which is suffering from shortages of foreign currency that have left Malawi unable to import enough fuel to meet its needs.
Public frustrations erupted into nationwide street protests in July, when police shot 19 people dead. Last month a broad coalition of rights groups called on Mutharika to resign. Malawi suffered for decades under the brutal dictatorship of Kamuzu Banda, and is proud of its hard-fought democratic freedoms ushered in with multi-party elections in 1994. Any attempt to circumvent the Constitution would certainly meet with resistance, analysts said. "It's automatic that she takes over the presidency. The reality on the ground is that Banda takes over until the remainder of the term in 2014, unless someone wants to change the rules," lawyer Wapona Kita said. Kita said the Constitution "clearly states that in the event of incapacitation or death of the president, the vice president takes over."
Banda formed her own People's Party after being sacked from the ruling party. Mutharika then filed a case at the high court seeking to force her from office, arguing that his running mate had become an opposition figure. The official silence has heightened anxieties in Malawi, with the Daily Times writing that Malawians are in "huge suspense" over the president. "The nation's suspense has been intensified after high-profile officials who included several cabinet ministers arrived at the hospital and went straight to the intensive care unit," it said. "After some time, they trooped out with sad faces and without a word."
The Nation, another independent newspaper, criticised the government's handling of Mutharika's hospitalisation. "It is time to do things well through provision of timely information," the paper said, adding that the government "could have done better than the sketchy statements broadcast on state radio -- as almost everyone was left guessing."
Source: Mail & Guardian
Mutharika was reported by state radio to have been airlifted to South Africa in the early morning hours. Reporters at the airport in Lilongwe said they were chased from the terminal during the night departure. Neither the South African government nor hospital officials in Johannesburg could comment on Mutharika, saying only Malawi's government was authorised to speak about the president. The hospital source in Lilongwe said he was taken to South Africa to be embalmed, in a move widely seen as an attempt by the ruling Democratic Progressive Party to get its house in order over the succession issue.
Under the Constitution, Vice-President Joyce Banda is next in line. But that succession is politically fraught because Mutharika kicked her out of the ruling party in 2010 as he chose to groom his brother as heir apparent instead of her. Her ouster angered many urban voters who saw the move as an attempt by Mutharika to concentrate his power. Mutharika, a former World Bank economist who first came to power in 2004, was re-elected with a sweeping majority in 2009 as president of the poor Southern African country. But he has increasingly come under fire for attempts to rein in the media and to shield the government from public criticism. His feuds with donors and lenders like the International Monetary Fund have hamstrung the economy in an aid-dependent nation, which is suffering from shortages of foreign currency that have left Malawi unable to import enough fuel to meet its needs.
Public frustrations erupted into nationwide street protests in July, when police shot 19 people dead. Last month a broad coalition of rights groups called on Mutharika to resign. Malawi suffered for decades under the brutal dictatorship of Kamuzu Banda, and is proud of its hard-fought democratic freedoms ushered in with multi-party elections in 1994. Any attempt to circumvent the Constitution would certainly meet with resistance, analysts said. "It's automatic that she takes over the presidency. The reality on the ground is that Banda takes over until the remainder of the term in 2014, unless someone wants to change the rules," lawyer Wapona Kita said. Kita said the Constitution "clearly states that in the event of incapacitation or death of the president, the vice president takes over."
Banda formed her own People's Party after being sacked from the ruling party. Mutharika then filed a case at the high court seeking to force her from office, arguing that his running mate had become an opposition figure. The official silence has heightened anxieties in Malawi, with the Daily Times writing that Malawians are in "huge suspense" over the president. "The nation's suspense has been intensified after high-profile officials who included several cabinet ministers arrived at the hospital and went straight to the intensive care unit," it said. "After some time, they trooped out with sad faces and without a word."
The Nation, another independent newspaper, criticised the government's handling of Mutharika's hospitalisation. "It is time to do things well through provision of timely information," the paper said, adding that the government "could have done better than the sketchy statements broadcast on state radio -- as almost everyone was left guessing."
Source: Mail & Guardian
Thursday, April 5, 2012
Hawks captain in court over weapons
Cape Town's top defence attorney is defending a police captain allegedly caught in a sting operation - illegally selling police uniforms, firearms and ammunition. Police captain Esmeralda Bailey appeared in the Bellville Specialised Commercial Crime Court in Cape Town on Thursday, on eight charges including corruption.
Bailey was allegedly caught in a police trap illegally selling police uniforms, firearms and ammunition. She faces charges of corruption, possession of ammunition and drugs, as well as five counts of defeating the ends of justice. According to the charge sheet, the Western Cape Directorate for Public Prosecutions (DPP) authorised a police trap in which an undercover police official allegedly paid her R4,500 for a tog bag containing a police cap and a reflector jacket, a pair of police socks, a police shirt, two pairs of police trousers and ammunition.
On the corruption charge she is alleged to have received the R4,500 “gratification”. She appeared before magistrate Amrith Chabillal, who warned her to appear again on May 5. This was after her attorney William Booth said prosecutor XE Jonas had only just given him the charge sheet and information from the police docket, and he needed time to study the documentation and consult with Bailey. Bailey’s case was transferred to the commercial court from the Cape Town District Court on the DPP’s instructions. The charge sheet does not at this stage specify what drugs were found in her possession when police raided her Brooklyn home on December 9 last year.
On one count of defeating the ends of justice, she is alleged to have been found in possession of a missing police docket, taken from a member of the police Asset Forfeiture Unit. She was alleged to have been in possession of unspecified court exhibits that should have been booked in at the Kirstenhof Police Station.
On the third and fourth charge of defeating the ends of justice, she is alleged to have been in possession of two missing police dockets, one involving an armed robbery and the other a vehicle hijacking and armed robbery case. She is also alleged to have obtained a cellphone that was an exhibit in a Grassy Park case, on the false pretence that she would download information from the cellphone. Bailey is attached to the Hawks, and was on stress leave at the time of her arrest in December last year.
Source: The Sowetan
Bailey was allegedly caught in a police trap illegally selling police uniforms, firearms and ammunition. She faces charges of corruption, possession of ammunition and drugs, as well as five counts of defeating the ends of justice. According to the charge sheet, the Western Cape Directorate for Public Prosecutions (DPP) authorised a police trap in which an undercover police official allegedly paid her R4,500 for a tog bag containing a police cap and a reflector jacket, a pair of police socks, a police shirt, two pairs of police trousers and ammunition.
On the corruption charge she is alleged to have received the R4,500 “gratification”. She appeared before magistrate Amrith Chabillal, who warned her to appear again on May 5. This was after her attorney William Booth said prosecutor XE Jonas had only just given him the charge sheet and information from the police docket, and he needed time to study the documentation and consult with Bailey. Bailey’s case was transferred to the commercial court from the Cape Town District Court on the DPP’s instructions. The charge sheet does not at this stage specify what drugs were found in her possession when police raided her Brooklyn home on December 9 last year.
On one count of defeating the ends of justice, she is alleged to have been found in possession of a missing police docket, taken from a member of the police Asset Forfeiture Unit. She was alleged to have been in possession of unspecified court exhibits that should have been booked in at the Kirstenhof Police Station.
On the third and fourth charge of defeating the ends of justice, she is alleged to have been in possession of two missing police dockets, one involving an armed robbery and the other a vehicle hijacking and armed robbery case. She is also alleged to have obtained a cellphone that was an exhibit in a Grassy Park case, on the false pretence that she would download information from the cellphone. Bailey is attached to the Hawks, and was on stress leave at the time of her arrest in December last year.
Source: The Sowetan
Magistrates accused of armed robbery
Partners at a Roodepoort law firm who also serve as acting magistrates allegedly robbed a scrap metal company in the Krugersdorp area of more than R100,000. The two acting magistrates have been arrested for their alleged involvement in an armed robbery. The two allegedly robbed a scrap metal company in Krugersdorp of more than R100,000 on March 24, Lt-Col Katlego Mogale said.
Three men posing as police officers apparently pretended to be investigating a case at a second hand scrap dealer in Luipaardsvlei. “They were driving a Honda Civic motor, dressed in private clothes wearing police reflective jackets and police caps,” Mogale said. One of the men produced a police identity card. “They initially pretended to be investigating a case, but then robbed the manager and staff members of approximately R110,000 cash, cellphones and a private firearm.”
On Wednesday, an off-duty police officer spotted the vehicle used in the robbery. The vehicle was stopped, and its two occupants, who were found to be acting magistrates from Brits and Ga-Rankuwa, were arrested. The vehicle was stolen in Linden last year.
Mogale said the men would appear in the Krugersdorp Magistrate’s Court on Tuesday on charges of armed robbery, possession of a hijacked vehicle and possession of unlicensed firearm and ammunition.
Source: The Sowetan
Three men posing as police officers apparently pretended to be investigating a case at a second hand scrap dealer in Luipaardsvlei. “They were driving a Honda Civic motor, dressed in private clothes wearing police reflective jackets and police caps,” Mogale said. One of the men produced a police identity card. “They initially pretended to be investigating a case, but then robbed the manager and staff members of approximately R110,000 cash, cellphones and a private firearm.”
On Wednesday, an off-duty police officer spotted the vehicle used in the robbery. The vehicle was stopped, and its two occupants, who were found to be acting magistrates from Brits and Ga-Rankuwa, were arrested. The vehicle was stolen in Linden last year.
Mogale said the men would appear in the Krugersdorp Magistrate’s Court on Tuesday on charges of armed robbery, possession of a hijacked vehicle and possession of unlicensed firearm and ammunition.
Source: The Sowetan
Mdluli: Spy inspector's big doubts
Muddled advice from the inspector general for intelligence, Faith Radebe, on internal disciplinary charges against crime intelligence boss Richard Mdluli appears to have been used as a pretext to reinstate him — while ignoring Radebe's view that the criminal prosecution against him should proceed.
This emerges from a March 6 letter from Radebe to acting national police commissioner Lieutenant General Nhlanhla Mkhwanazi, which the Mail & Guardian has seen. The letter contains a report on Radebe's views on internal disciplinary charges laid against Mdluli and his colleague, Major General Solly Lazarus, at about the time that criminal charges against Mdluli were withdrawn. The letter preceded Radebe's March 19 missive, which found that she had no jurisdiction to conduct criminal investigations and that the National Prosecuting Authority (NPA) should institute criminal charges against Mdluli.
The second letter (the one on March 19) to Mkhwanazi noted: "We are of the opinion that the reasons advanced by the NPA in support of the withdrawal of the criminal charges are inaccurate and legally flawed. We therefore recommend that this matter be referred back to the NPA for the institution of the criminal charges."
In December last year the prosecuting authority withdrew the fraud and corruption charges against Mdluli, and on February 7 a murder charge relating to the 1999 killing of the husband of Mdluli's alleged former lover was also withdrawn. On February 3, police management instituted disciplinary charges against Mdluli. But Mdluli and Lazarus were reinstated on March 27 after a meeting between Police Minister Nathi Mthethwa, Mkhwanazi and Radebe.
This week Mthethwa denied issuing any instruction to Mkhwanazi on the reinstatement. However, he failed to explain his involvement in the exchange of correspondence between Radebe and the acting national commissioner — who is understood to have resisted Mdluli getting his former job back. In radio interviews, Mthethwa implied there was a contradiction between Radebe's two letters, which his meeting was intended to resolve. But Radebe's March 6 letter reveals that she set out clearly that she would deal separately with the disciplinary case. Her letter stated: "This report will be confined to the disciplinary charges … the requested opinion relating to the criminal charges will follow at a later stage." Mthethwa declined to answer further questions this week, including:
But Radebe's March 6 letter also confirms some of the allegations against Mdluli, reveals elements of his defence and shows how weak legal reasoning opened the door for Mthethwa to muddy the waters. Radebe confirms allegations that Mdluli's relatives were included in a round of 250 crime intelligence promotions under his watch. This allegation was raised in the internal crime intelligence report dealing with an aborted Hawks investigation into Mdluli.
The report, drafted by former crime intelligence co-ordinator Major General Mark Hankel, was sent to Radebe in November 2011 and published in full by the M&G last week. The Hankel report alleged that the Hawks were probing "the appointment of [Mdluli's] current wife, her brother and other members of her family, his ex-wife, her daughter and his son". Radebe’s letter confirms that "it is common cause that 250 posts were filled, which included the family of Mdluli and his current wife".
But Radebe also argues, mystifyingly, that, because the appointment of Mdluli's relatives comprised only a small percentage of the total appointments, it negated allegations of nepotism against him. She notes: "Four among 250 is negligible and the motive behind … the inclusion of these charges must be questioned." Radebe also confirms that Mdluli took his then-girlfriend, now wife, on a trip to Singapore paid for from the crime intelligence covert fund.
Mthethwa authorised the trip for the supposed purpose of "viewing and purchasing technical equipment for crime intelligence".
However, both Lazarus and another officer also took their wives, but paid for them out of their own pockets. Mdluli took his then-girlfriend, Theresa Lyons — but charged the expenses to he secret account. Radebe notes: "In respect of the trip to Singapore, we are aware that the auditor general [AG] queried certain expenses related to this trip, in particular the reason for the inclusion of Ms Lyons, a non-employee of the SAPS, on the trip.
"It would also appear that the trip to China in which Mdluli was accompanied by his former wife was queried by the AG. Management of SAPS responded and the AG accepted the response provided in respect of the purpose for the inclusion of Ms Lyons and the role she was to play in the Singapore trip. In addition, the AG accepted the responses pertaining to the China trip."
Citing the auditor general's acceptance of the explanations, Radebe queries the inclusion of these charges against Mdluli and does not appear to consider the possibility that the auditor general may have been misled. But the key area of Radebe's discomfort and seeming confusion relates to the decision to bring disciplinary charges against Mdluli at about the time that criminal charges were withdrawn. She notes: "The timing … becomes vital in our determination as it clearly suggests an ulterior motive and a concerted effort to ensure that Mdluli does not return to his position. This behaviour is tantamount to conduct that is inconsistent with the Constitution and as such must be invalid."
Radebe did not respond to questions on how she arrived at this conclusion, given that the police often delay disciplinary processes pending the outcome of criminal charges. It might have been expected, also, that her legal advisers would take note of the most recent ruling on a similar issue — the Supreme Court of Appeal overturning the famous Nicholson judgment that led to the recall of President Thabo Mbeki. The court held that a prosecution was not automatically invalid because it was initiated for improper motives.
Radebe also felt the fact that only the two top crime intelligence officials (Mdluli and Lazarus) had been charged was indicative of an ulterior motive. She asked: "The question is why? Once again … the only conclusion that can be reached is that this, too, points to another attempt by the investigators to ensure that action is only directed at Mdluli to guarantee his non-return." This "concerted effort" to institute disciplinary charges against Mdluli was unfair, Radebe finds, without citing any legal authority other than the Constitution. She, therefore, finds that the "entire process of the institution of disciplinary charges … must be declared null and void".
* Got a tip-off for us about this story? Email amabhungane@mg.co.za
Source: Mail & Guardian
This emerges from a March 6 letter from Radebe to acting national police commissioner Lieutenant General Nhlanhla Mkhwanazi, which the Mail & Guardian has seen. The letter contains a report on Radebe's views on internal disciplinary charges laid against Mdluli and his colleague, Major General Solly Lazarus, at about the time that criminal charges against Mdluli were withdrawn. The letter preceded Radebe's March 19 missive, which found that she had no jurisdiction to conduct criminal investigations and that the National Prosecuting Authority (NPA) should institute criminal charges against Mdluli.
The second letter (the one on March 19) to Mkhwanazi noted: "We are of the opinion that the reasons advanced by the NPA in support of the withdrawal of the criminal charges are inaccurate and legally flawed. We therefore recommend that this matter be referred back to the NPA for the institution of the criminal charges."
In December last year the prosecuting authority withdrew the fraud and corruption charges against Mdluli, and on February 7 a murder charge relating to the 1999 killing of the husband of Mdluli's alleged former lover was also withdrawn. On February 3, police management instituted disciplinary charges against Mdluli. But Mdluli and Lazarus were reinstated on March 27 after a meeting between Police Minister Nathi Mthethwa, Mkhwanazi and Radebe.
This week Mthethwa denied issuing any instruction to Mkhwanazi on the reinstatement. However, he failed to explain his involvement in the exchange of correspondence between Radebe and the acting national commissioner — who is understood to have resisted Mdluli getting his former job back. In radio interviews, Mthethwa implied there was a contradiction between Radebe's two letters, which his meeting was intended to resolve. But Radebe's March 6 letter reveals that she set out clearly that she would deal separately with the disciplinary case. Her letter stated: "This report will be confined to the disciplinary charges … the requested opinion relating to the criminal charges will follow at a later stage." Mthethwa declined to answer further questions this week, including:
- How he became aware of -correspondence between Radebe and Mkhwanazi;
- Whether he informed President Jacob Zuma about it; and
- How the decision to reinstate Mdluli and Lazarus was reached, given that Radebe recommended disciplinary charges against Lazarus and criminal charges against Mdluli should proceed.
But Radebe's March 6 letter also confirms some of the allegations against Mdluli, reveals elements of his defence and shows how weak legal reasoning opened the door for Mthethwa to muddy the waters. Radebe confirms allegations that Mdluli's relatives were included in a round of 250 crime intelligence promotions under his watch. This allegation was raised in the internal crime intelligence report dealing with an aborted Hawks investigation into Mdluli.
The report, drafted by former crime intelligence co-ordinator Major General Mark Hankel, was sent to Radebe in November 2011 and published in full by the M&G last week. The Hankel report alleged that the Hawks were probing "the appointment of [Mdluli's] current wife, her brother and other members of her family, his ex-wife, her daughter and his son". Radebe’s letter confirms that "it is common cause that 250 posts were filled, which included the family of Mdluli and his current wife".
But Radebe also argues, mystifyingly, that, because the appointment of Mdluli's relatives comprised only a small percentage of the total appointments, it negated allegations of nepotism against him. She notes: "Four among 250 is negligible and the motive behind … the inclusion of these charges must be questioned." Radebe also confirms that Mdluli took his then-girlfriend, now wife, on a trip to Singapore paid for from the crime intelligence covert fund.
Mthethwa authorised the trip for the supposed purpose of "viewing and purchasing technical equipment for crime intelligence".
However, both Lazarus and another officer also took their wives, but paid for them out of their own pockets. Mdluli took his then-girlfriend, Theresa Lyons — but charged the expenses to he secret account. Radebe notes: "In respect of the trip to Singapore, we are aware that the auditor general [AG] queried certain expenses related to this trip, in particular the reason for the inclusion of Ms Lyons, a non-employee of the SAPS, on the trip.
"It would also appear that the trip to China in which Mdluli was accompanied by his former wife was queried by the AG. Management of SAPS responded and the AG accepted the response provided in respect of the purpose for the inclusion of Ms Lyons and the role she was to play in the Singapore trip. In addition, the AG accepted the responses pertaining to the China trip."
Citing the auditor general's acceptance of the explanations, Radebe queries the inclusion of these charges against Mdluli and does not appear to consider the possibility that the auditor general may have been misled. But the key area of Radebe's discomfort and seeming confusion relates to the decision to bring disciplinary charges against Mdluli at about the time that criminal charges were withdrawn. She notes: "The timing … becomes vital in our determination as it clearly suggests an ulterior motive and a concerted effort to ensure that Mdluli does not return to his position. This behaviour is tantamount to conduct that is inconsistent with the Constitution and as such must be invalid."
Radebe did not respond to questions on how she arrived at this conclusion, given that the police often delay disciplinary processes pending the outcome of criminal charges. It might have been expected, also, that her legal advisers would take note of the most recent ruling on a similar issue — the Supreme Court of Appeal overturning the famous Nicholson judgment that led to the recall of President Thabo Mbeki. The court held that a prosecution was not automatically invalid because it was initiated for improper motives.
Radebe also felt the fact that only the two top crime intelligence officials (Mdluli and Lazarus) had been charged was indicative of an ulterior motive. She asked: "The question is why? Once again … the only conclusion that can be reached is that this, too, points to another attempt by the investigators to ensure that action is only directed at Mdluli to guarantee his non-return." This "concerted effort" to institute disciplinary charges against Mdluli was unfair, Radebe finds, without citing any legal authority other than the Constitution. She, therefore, finds that the "entire process of the institution of disciplinary charges … must be declared null and void".
* Got a tip-off for us about this story? Email amabhungane@mg.co.za
Source: Mail & Guardian
Iran 'puts the screws' on MTN
MTN is facing a storm over claims that it helped the Iranian government to spy on local subscribers and assisted the regime in its brutal crackdown on protesters in 2009 and 2010. In court papers lodged in the United States last week, rival mobile operator Turkcell alleged that MTN told its Iranian military-linked partners it would allow the defence ministry to eavesdrop on subscribers. Sources close to MTN's Iranian business have also described an Orwellian environment in the company's Tehran headquarters, where it allegedly gave military intelligence officials "open" access to subscribers’ details. The sources claimed:
Iran's mobile operators were harshly criticised for their alleged role in quelling protests that followed Iranian President Mahmoud Ahmadinejad's disputed victory in the 2009 elections. Activists who claimed to have been tortured after being arrested said that intelligence officials had their cellphone data.
'Human rights violations'
This week, the Democratic Alliance asked the South African Human Rights Commission to investigate whether MTN "may be directly or indirectly responsible for human rights violations in Iran". DA MP David Maynier said there was no evidence that MTN Irancell was involved directly or indirectly, but he cited media reports that the company bought equipment to monitor calls, filter and block SMSes, and establish the location of users. MTN flatly denied the claims this week, saying: "On human rights, the group takes direction from and adheres to the policies of both the South African government and the United Nations. South Africa has human rights enshrined as fundamental principles within its Constitution.
"Given South Africa's own recent history and our struggle against apartheid, the centrality of civil rights is at the core of our culture as a company and as individuals."
The company said the equipment it used in Iran was not intended to monitor dissidents "nor is there any evidence that the Iranian government has used the data collected to identify and locate citizens or dissidents". MTN is a 49% shareholder in Irancell. Fifty-one percent is held by an Iranian state-linked consortium, which is dominated by a subsidiary owned by the defence ministry known as Sairan, or Iran Electronics Industries. Sairan is subject to US and European Union sanctions that target proliferators of "weapons of mass destruction". It also holds a share in consortium Arya Hamrah, which owns and runs MTN Irancell's data centre that houses the company’s servers and hardware.
Military intelligence
The sources familiar with MTN's Iranian operations said that, because of these ownership structures, Irancell readily gave information about subscribers to intelligence officials. One of the sources said: "MTN's data centre in Iran is effectively run by the military and military intelligence. None of the intelligence organisations needs to go through normal procedures to access subscriber data and track individuals." Describing the climate at MTN's headquarters, a senior official said it was dominated by the presence of Iran's military intelligence officials and the "morality police".
"There was a tea lady who just stood at the printer all day. Her job was to watch us."
The woman, understood to be a member of the "morality police", would scold female staff whose clothing was considered too revealing and signalled her displeasure over "inappropriate" behaviour. Communicating by email, the source said: "The people on the second floor are from military intelligence and the Basij and some clerics. They oversee the intelligence and moral activities of the employees of Irancell. All emails, telephone conversations and SMSes of employees are monitored on an ongoing basis. This is then exposed to MTN against the threat that they will kick out MTN when they need concessions from it."
The staffer described how men from the second floor would accompany Dezfouli to collect data on individuals and political dissidents: "On several occasions someone from the second floor and [Dezfouli] would come to the managed services group and say 'give us all the details for this number', and they would have to." The staffer said subscription and location data and call and SMS histories were handed over. The company's data warehouse is outsourced to a South African company, PBT. According to the source: "PBT simply provides a data warehousing function. In other words, they extract data and provide data-mining functions for product development, market segmentation, etcetera. MTN owns the data, so they don't really have a choice."
Tracking activities
PBT spokesman Nitesh Vallabh said: "We only transform the data into aggregated information as requested by [MTN] for management information to manage the business." MTN used the information to help it profile and market to its customer base; it was not supposed to be used to identify and track the activities of individuals, the source said. But this did happen.
"In 2009 and 2010, it would happen four to five times in a month. It spiked whenever there were rallies or government protests. But it didn't happen every month."
In one case, the staffer said, he recognised a number as belonging to a friend, an active member of Iran's opposition Green Party.
"We were friends and talked maybe every two weeks. Then one day a request came for his number and [they] gave them his data. I tried to call him that night and I could not reach him. Four months later I still couldn’t reach him on the number or Skype."
In another case, the staffer said, he was talking to an acquaintance in South Africa in their home language when a voice broke in to say: "English, English, English!" He was using an Irancell SIM at the time, "but whether this was a national or an MTN function, I don’t know."
Shortly before going to print, MTN Human Resources Head Paul Norman submitted the following written response to questions over allegations that it assisted the Iranian regime in monitoring the communications and movements of political activists:
"MTN's role in Iran is mostly as a technical partner. It is a non-controlling shareholder. Fewer than 30 MTN expats (not all South African) are employed in Irancell, out of around 2000. Whatever equipment MTN has acquired for Irancell was for normal business reasons. This is the same software we utilize at other MTN operations. To suggest that we acquired such equipment with the active purpose of enhancing the Iranian government’s capacity to monitor its citizens outside the law is simply outrageous. We have never cut off Skype and we do not own the international gateway. Some of the equipment listed was purchased to develop our 'homezone' offerings, which allow reduced rates within specific regional areas and thus expands the offering to more people.
"The data warehousing software was acquired to predict, churn and to see when airtime is running out and suggest new products and services to customers. This is standard software that is used by telcos, financial services and other companies around the world to improve the service that customers receive. It has nothing to do with interception, nor is there any evidence that the Iranian government has used the data collected to identify and locate citizens or dissidents.
"It is important to note that when MTN entered Iran, there were only around four million subscribers in total. Today there are almost 35 million subscribers, of whom more than 60% are below 25 years old. These are young people who use the network to communicate with each other, Skype, access Google and tweet each other. MTN works hard, with international legal advisors, to ensure that it is sanctions compliant. MTN's views on human rights are clear. We are a South African company, founded in the year of our first democratic elections under a new constitution.
Civic and human rights are vital to the company, and as the individuals that work at MTN. MTN has a social and ethics committee of the board to look as such issues. One of our core values is respect human rights and privacy rights of people in all the markets in which we operate. We oppose abuse of such rights by any party, including governments, and we communicate our procedures extensively internally. We expect all our business partners to abide by our code of ethics
"Mobile telecoms has been a force for political and economic liberation in the emerging world over the last 10 years. MTN is proud of the part it played in contributing to this. But we accept the ethical complexities around telecoms in this new environment, and the potential for their manipulation for unethical means.
These are new areas of ethics and political debate. These issues also impact other telecom operators and Internet providers across emerging markets. MTN is keen to work with international bodies to construct clearer international standards."
*Got a tip-off for us about this story? Email amabhungane@mg.co.za
Source: Mail & Guardian
- Because MTN Irancell and its data centre were part-owned by the Iranian military, subscriber data was shared "on a collegial basis" with the intelligence sector;
- A shadowy "second floor" in MTN's building was populated by military intelligence officials, the volunteer militia known as the Basij ("morality police") and clerics;
- During the 2009 and 2010 Green movement protests, men from the second floor, accompanied by Irancell chief executive Alireza Dezfouli, allegedly approached data warehouse staff regularly to demand detailed records for individuals;
- In one case, they demanded the number of a known Green Party activist, who could not be reached after his information had been given to military intelligence; and
- Third parties listened in to staff calls over Irancell SIMs and would intervene and demand that the staff speak in English and not in other South African languages.
Iran's mobile operators were harshly criticised for their alleged role in quelling protests that followed Iranian President Mahmoud Ahmadinejad's disputed victory in the 2009 elections. Activists who claimed to have been tortured after being arrested said that intelligence officials had their cellphone data.
'Human rights violations'
This week, the Democratic Alliance asked the South African Human Rights Commission to investigate whether MTN "may be directly or indirectly responsible for human rights violations in Iran". DA MP David Maynier said there was no evidence that MTN Irancell was involved directly or indirectly, but he cited media reports that the company bought equipment to monitor calls, filter and block SMSes, and establish the location of users. MTN flatly denied the claims this week, saying: "On human rights, the group takes direction from and adheres to the policies of both the South African government and the United Nations. South Africa has human rights enshrined as fundamental principles within its Constitution.
"Given South Africa's own recent history and our struggle against apartheid, the centrality of civil rights is at the core of our culture as a company and as individuals."
The company said the equipment it used in Iran was not intended to monitor dissidents "nor is there any evidence that the Iranian government has used the data collected to identify and locate citizens or dissidents". MTN is a 49% shareholder in Irancell. Fifty-one percent is held by an Iranian state-linked consortium, which is dominated by a subsidiary owned by the defence ministry known as Sairan, or Iran Electronics Industries. Sairan is subject to US and European Union sanctions that target proliferators of "weapons of mass destruction". It also holds a share in consortium Arya Hamrah, which owns and runs MTN Irancell's data centre that houses the company’s servers and hardware.
Military intelligence
The sources familiar with MTN's Iranian operations said that, because of these ownership structures, Irancell readily gave information about subscribers to intelligence officials. One of the sources said: "MTN's data centre in Iran is effectively run by the military and military intelligence. None of the intelligence organisations needs to go through normal procedures to access subscriber data and track individuals." Describing the climate at MTN's headquarters, a senior official said it was dominated by the presence of Iran's military intelligence officials and the "morality police".
"There was a tea lady who just stood at the printer all day. Her job was to watch us."
The woman, understood to be a member of the "morality police", would scold female staff whose clothing was considered too revealing and signalled her displeasure over "inappropriate" behaviour. Communicating by email, the source said: "The people on the second floor are from military intelligence and the Basij and some clerics. They oversee the intelligence and moral activities of the employees of Irancell. All emails, telephone conversations and SMSes of employees are monitored on an ongoing basis. This is then exposed to MTN against the threat that they will kick out MTN when they need concessions from it."
The staffer described how men from the second floor would accompany Dezfouli to collect data on individuals and political dissidents: "On several occasions someone from the second floor and [Dezfouli] would come to the managed services group and say 'give us all the details for this number', and they would have to." The staffer said subscription and location data and call and SMS histories were handed over. The company's data warehouse is outsourced to a South African company, PBT. According to the source: "PBT simply provides a data warehousing function. In other words, they extract data and provide data-mining functions for product development, market segmentation, etcetera. MTN owns the data, so they don't really have a choice."
Tracking activities
PBT spokesman Nitesh Vallabh said: "We only transform the data into aggregated information as requested by [MTN] for management information to manage the business." MTN used the information to help it profile and market to its customer base; it was not supposed to be used to identify and track the activities of individuals, the source said. But this did happen.
"In 2009 and 2010, it would happen four to five times in a month. It spiked whenever there were rallies or government protests. But it didn't happen every month."
In one case, the staffer said, he recognised a number as belonging to a friend, an active member of Iran's opposition Green Party.
"We were friends and talked maybe every two weeks. Then one day a request came for his number and [they] gave them his data. I tried to call him that night and I could not reach him. Four months later I still couldn’t reach him on the number or Skype."
In another case, the staffer said, he was talking to an acquaintance in South Africa in their home language when a voice broke in to say: "English, English, English!" He was using an Irancell SIM at the time, "but whether this was a national or an MTN function, I don’t know."
Shortly before going to print, MTN Human Resources Head Paul Norman submitted the following written response to questions over allegations that it assisted the Iranian regime in monitoring the communications and movements of political activists:
"MTN's role in Iran is mostly as a technical partner. It is a non-controlling shareholder. Fewer than 30 MTN expats (not all South African) are employed in Irancell, out of around 2000. Whatever equipment MTN has acquired for Irancell was for normal business reasons. This is the same software we utilize at other MTN operations. To suggest that we acquired such equipment with the active purpose of enhancing the Iranian government’s capacity to monitor its citizens outside the law is simply outrageous. We have never cut off Skype and we do not own the international gateway. Some of the equipment listed was purchased to develop our 'homezone' offerings, which allow reduced rates within specific regional areas and thus expands the offering to more people.
"The data warehousing software was acquired to predict, churn and to see when airtime is running out and suggest new products and services to customers. This is standard software that is used by telcos, financial services and other companies around the world to improve the service that customers receive. It has nothing to do with interception, nor is there any evidence that the Iranian government has used the data collected to identify and locate citizens or dissidents.
"It is important to note that when MTN entered Iran, there were only around four million subscribers in total. Today there are almost 35 million subscribers, of whom more than 60% are below 25 years old. These are young people who use the network to communicate with each other, Skype, access Google and tweet each other. MTN works hard, with international legal advisors, to ensure that it is sanctions compliant. MTN's views on human rights are clear. We are a South African company, founded in the year of our first democratic elections under a new constitution.
Civic and human rights are vital to the company, and as the individuals that work at MTN. MTN has a social and ethics committee of the board to look as such issues. One of our core values is respect human rights and privacy rights of people in all the markets in which we operate. We oppose abuse of such rights by any party, including governments, and we communicate our procedures extensively internally. We expect all our business partners to abide by our code of ethics
"Mobile telecoms has been a force for political and economic liberation in the emerging world over the last 10 years. MTN is proud of the part it played in contributing to this. But we accept the ethical complexities around telecoms in this new environment, and the potential for their manipulation for unethical means.
These are new areas of ethics and political debate. These issues also impact other telecom operators and Internet providers across emerging markets. MTN is keen to work with international bodies to construct clearer international standards."
*Got a tip-off for us about this story? Email amabhungane@mg.co.za
Source: Mail & Guardian
Today they come for Malema…..
President Jacob Zuma is not a person who seems to take kindly to criticism (and neither is he someone who can take a joke at his expense). One might even claim that he seems a bit, well, thin skinned (if not, dare I say, dictatorial) in his attitude towards those who say things about him that he does not like. Not that Julius Malema has shown a lot of tolerance towards those within the Youth League who have dared to criticise him or who opposed his leadership at one time or another. In fact, these two leaders, may, ironically, be cut from the same kind of cloth.
A few years ago Zuma announced that he was going to sue Zapiro for R5 million because he claimed the cartoonist had defamed him after the cartoonist had published a cartoon in which he suggested Zuma was violating the justice system to avoid facing fraud and corruption charges.
It therefore comes as no surprise that the National Disciplinary Committee (NDC) of the ANC – ostensibly acting completely independently of President Zuma (yeah right!) – announced this morning that it was temporarily suspending Julius Malema from the ANC with immediate effect. The purported reason for this suspension is that Malema allegedly brought the ANC into disrepute. (Malema had already been expelled from the ANC earlier, but his appeal regarding the expulsion is to be heard only later this month.)
Apparently the ANC as an organisation is brought into disrepute if one of its members criticises the leader of the party in public. (Criticism might be the lifeblood of any democratic culture, but public criticism of leaders has now suddenly become alien to the culture of the ANC – at least if that criticism is levelled at President Zuma.) How any political party can remain democratic and how it can renew itself and correct mistakes, when its members are not allowed to criticise the party leader in public, is unclear. Maybe criticism can be communicated in secret messages with the assistance of the intelligence services?
Of course, this ban on any public criticism of a sitting leader is not based on a principle that was followed by President Zuma and his supporters during his fight with former President Thabo Mbeki. But I guess consistency and an abiding respect for high principles is not really what is in play here. What is at play is President Zuma’s future survival. Remember, he might well believe that he will either get a second term or he will go to jail for 15 years, so (in his eyes) there might not be time for niceties such as respect for democratic debate inside the party.
Malema now faces fresh disciplinary charges, which will obviously lapse once the ANC Appeal Committee confirms Malema’s expulsion – surely only a formality. This is after Malema criticised Zuma on Friday in the following terms:
It is under President Zuma that we have seen the youth of the ANC being traumatised, being expelled from their own home. It is under President Zuma we have seen a critical voice being suppressed We have seen under President Zuma, democracy being replaced with dictatorship. We have seen an intolerance….people, who become impatient with the youth….
The NDC did not say who complained about the utterances made by Malema. It did stipulate the following (once again rather draconian and probably not entirely enforceable) conditions that Malema will be required to comply with during his suspension:
Of course, the first thing to note is that this will bring the clash between the Youth League and the mother body of the ANC to a head, as Malema is forbidden from attending any Youth League meeting, which the League insists can operate free from the discipline of the ANC.
Members of the Youth League Executive (with or without Malema) will now have to decide either to defy this order of the disciplinary committee or face disciplinary charges and expulsion themselves. What happens if they continue arguing that the Youth League Executive members cannot be ordered around by the mother body and cannot say whether Malema should sit on the League’s Executive or not? What if the Executive continues meeting with Malema as its President? Surely they will all then have to be suspended as well and then ultimately expelled.
President Zuma seems to have learnt well from the “mistakes” of Thabo Mbeki and he is taking no chances with those who might oppose him. Cut off their heads before they can gather steam, seems to be his motto. Whether this is a democratic attitude or closer to the dictatorial style that Malema spoke about, I leave to the judgment of the readers.
Secondly, an order purporting to ban Malema from making any public statements on any matter pertaining to the ANC infringes on Malema’s right to freedom of expression. Our Bill of Rights can also bind private individuals, organisations and political parties and I am almost certain that when an organisation bans a member from making any statements about that organisation in public that organisation is in breach of the Bill of Rights. For this reason, the probably unconstitutional censoring of Malema by the NDC seems troubling, to say the least.
A further irony is of course that this immediate suspension and the draconian (and partially unconstitutional) nature of the “conditions” imposed on Malema during this latest suspension nicely seems to illustrate the point Malema was making in his speech about the intolerance of Zuma to dissent and the inability of the leadership to listen to and accept criticism of ANC leaders and policies.
By making these points I am not arguing that Malema was wise to make the statements that got him into trouble today. Neither am I claiming that I believe Malema is an eternal democrat who is saying these things because he really has the best interests of the ANC at heart. Yet, as I warned before, one must be careful to cheer on this silencing of debate and dissent inside the ANC merely because the person being silenced is someone with whose views one does not agree and whose downfall one might applaud.
Today they come for Malema. Tomorrow they might come for you or me.
Source: Constitutionally Speaking
A few years ago Zuma announced that he was going to sue Zapiro for R5 million because he claimed the cartoonist had defamed him after the cartoonist had published a cartoon in which he suggested Zuma was violating the justice system to avoid facing fraud and corruption charges.
It therefore comes as no surprise that the National Disciplinary Committee (NDC) of the ANC – ostensibly acting completely independently of President Zuma (yeah right!) – announced this morning that it was temporarily suspending Julius Malema from the ANC with immediate effect. The purported reason for this suspension is that Malema allegedly brought the ANC into disrepute. (Malema had already been expelled from the ANC earlier, but his appeal regarding the expulsion is to be heard only later this month.)
Apparently the ANC as an organisation is brought into disrepute if one of its members criticises the leader of the party in public. (Criticism might be the lifeblood of any democratic culture, but public criticism of leaders has now suddenly become alien to the culture of the ANC – at least if that criticism is levelled at President Zuma.) How any political party can remain democratic and how it can renew itself and correct mistakes, when its members are not allowed to criticise the party leader in public, is unclear. Maybe criticism can be communicated in secret messages with the assistance of the intelligence services?
Of course, this ban on any public criticism of a sitting leader is not based on a principle that was followed by President Zuma and his supporters during his fight with former President Thabo Mbeki. But I guess consistency and an abiding respect for high principles is not really what is in play here. What is at play is President Zuma’s future survival. Remember, he might well believe that he will either get a second term or he will go to jail for 15 years, so (in his eyes) there might not be time for niceties such as respect for democratic debate inside the party.
Malema now faces fresh disciplinary charges, which will obviously lapse once the ANC Appeal Committee confirms Malema’s expulsion – surely only a formality. This is after Malema criticised Zuma on Friday in the following terms:
It is under President Zuma that we have seen the youth of the ANC being traumatised, being expelled from their own home. It is under President Zuma we have seen a critical voice being suppressed We have seen under President Zuma, democracy being replaced with dictatorship. We have seen an intolerance….people, who become impatient with the youth….
The NDC did not say who complained about the utterances made by Malema. It did stipulate the following (once again rather draconian and probably not entirely enforceable) conditions that Malema will be required to comply with during his suspension:
He will not exercise any duty in his capacity as an ANC member, President of the ANC Youth League and/or Member of the Provincial Executive Committee of the ANC Limpopo Province;
He will not attend any meeting of the ANC or any of its structures, including the Leagues, except for the purpose of the NDCA hearing and the pending disciplinary proceedings to be instituted against him.
He will not address any meeting of the ANC or any of its structures, including the Leagues, whether as an invited guest, in his capacity as President of the ANC Youth League and/or as a member of the ANC; and
He will not make any public statement on any matter pertaining to the ANC.
Of course, the first thing to note is that this will bring the clash between the Youth League and the mother body of the ANC to a head, as Malema is forbidden from attending any Youth League meeting, which the League insists can operate free from the discipline of the ANC.
Members of the Youth League Executive (with or without Malema) will now have to decide either to defy this order of the disciplinary committee or face disciplinary charges and expulsion themselves. What happens if they continue arguing that the Youth League Executive members cannot be ordered around by the mother body and cannot say whether Malema should sit on the League’s Executive or not? What if the Executive continues meeting with Malema as its President? Surely they will all then have to be suspended as well and then ultimately expelled.
President Zuma seems to have learnt well from the “mistakes” of Thabo Mbeki and he is taking no chances with those who might oppose him. Cut off their heads before they can gather steam, seems to be his motto. Whether this is a democratic attitude or closer to the dictatorial style that Malema spoke about, I leave to the judgment of the readers.
Secondly, an order purporting to ban Malema from making any public statements on any matter pertaining to the ANC infringes on Malema’s right to freedom of expression. Our Bill of Rights can also bind private individuals, organisations and political parties and I am almost certain that when an organisation bans a member from making any statements about that organisation in public that organisation is in breach of the Bill of Rights. For this reason, the probably unconstitutional censoring of Malema by the NDC seems troubling, to say the least.
A further irony is of course that this immediate suspension and the draconian (and partially unconstitutional) nature of the “conditions” imposed on Malema during this latest suspension nicely seems to illustrate the point Malema was making in his speech about the intolerance of Zuma to dissent and the inability of the leadership to listen to and accept criticism of ANC leaders and policies.
By making these points I am not arguing that Malema was wise to make the statements that got him into trouble today. Neither am I claiming that I believe Malema is an eternal democrat who is saying these things because he really has the best interests of the ANC at heart. Yet, as I warned before, one must be careful to cheer on this silencing of debate and dissent inside the ANC merely because the person being silenced is someone with whose views one does not agree and whose downfall one might applaud.
Today they come for Malema. Tomorrow they might come for you or me.
Source: Constitutionally Speaking
Wednesday, April 4, 2012
African National Congress Acts to Silence a Critic
Julius Malema, the polarizing leader of the African National Congress Youth League, was abruptly suspended from the party on Wednesday, effectively silencing him within South Africa’s main political body as he fights for his political life. The announcement came after a speech on Friday in which Mr. Malema accused President Jacob Zuma of becoming a dictator, and after a highly unusual news conference on Tuesday by the party’s top leadership to denounce divisive squabbles.
The decision to silence Mr. Malema, analysts say, is less about finishing off his waning political prospects than an effort by Mr. Zuma to quell serious speculation that one or more senior party members will seek to unseat him as president of the A.N.C. and the country at the party’s leadership conference in December. Mr. Zuma himself rose to the presidency by defeating his predecessor, Thabo Mbeki, in a leadership fight in 2007 in which Mr. Malema and the Youth League played a central role.
“It was beginning to look as if Zuma wasn’t in charge of his own organization,” said Steven Friedman, director of the Center for the Study of Democracy. “He needed to show who’s boss.”
The suspension is the latest and in some way the harshest punishment meted out against Mr. Malema, who was once one of Mr. Zuma’s most ardent supporters but has become a harsh critic.
Mr. Malema was convicted at the end of February in an internal disciplinary trial of sowing division within the party, and was sentenced to expulsion. The A.N.C., which prizes its reputation for fairness, allowed Mr. Malema to keep his membership while he appealed the expulsion, a process that will continue despite the latest decision. In the meantime, he had been using A.N.C. events and the support of some top party leaders to press his case with the rank and file, casting himself as the victim of a stultified elite wary of his radical ideas to help the poor. With his suspension, he has lost access to that platform. He also faces multiple investigations into his personal finances: he has become a wealthy man while leading the Youth League, and has been frequently accused of corruption.
Mr. Malema is no stranger to outrageous remarks. He revived the anti-apartheid struggle song “Shoot the Boer,” a term for white farmers, leading him to be convicted of using hate speech. He called a BBC reporter a “bloody agent.” Back when he was close to Mr. Zuma, he declared himself ready to die for the man. But on Friday, Mr. Malema apparently went too far when he attacked Mr. Zuma at a Youth League event to celebrate the A.N.C.’s centennial.
“It is under President Zuma we have seen a critical voice being suppressed,” Mr. Malema told a cheering crowd at the University of the Witwatersrand. “We have seen under President Zuma democracy being replaced with dictatorship.”
Also on stage was Mathews Phosa, the party treasurer and one of six members of the A.N.C.’s national executive committee. Mr. Phosa has been a supporter of Mr. Malema and a critic of Mr. Zuma. Mr. Malema has also courted Kgalema Motlanthe, a former president and now Mr. Zuma’s deputy, who appeared at another Youth League event where Mr. Zuma was harshly criticized. But both potential rivals appeared at Mr. Zuma’s side at a news conference on Tuesday, which was held by Gwede Mantashe, the party’s secretary general, in an effort to project a united front. The fact that members of the executive committee who seemed to be at odds with the president could be compelled to show up demonstrated that Mr. Zuma, despite deep divisions within the party, is likely to be re-elected, said Karema Brown, a veteran political analyst.
“It was an important show of force,” Ms. Brown said. “And of course it wasn’t a show of unity. It was a real demonstration of power. If he didn’t have that power, he wouldn’t have been able to get them to sit there.”
The A.N.C., like any big political party, has always struggled to keep its diverse membership and ambitious leadership under one big tent, though not always successfully. The most acrimonious and public infighting was that which led to the ouster of Mr. Mbeki, Nelson Mandela’s chosen successor, as party president in 2007. He was soon pushed out as president of the country as well, temporarily replaced by his deputy, Mr. Motlanthe, and eventually by the man he had previously fired as his deputy, Mr. Zuma. Every attempt to undercut the party’s power by splitting it has ended in failure. The most recent effort, the Congress of the People, founded by disgruntled supporters of Mr. Mbeki, has struggled to attract votes and has been riven by rivalries.
Source: New York Times
The decision to silence Mr. Malema, analysts say, is less about finishing off his waning political prospects than an effort by Mr. Zuma to quell serious speculation that one or more senior party members will seek to unseat him as president of the A.N.C. and the country at the party’s leadership conference in December. Mr. Zuma himself rose to the presidency by defeating his predecessor, Thabo Mbeki, in a leadership fight in 2007 in which Mr. Malema and the Youth League played a central role.
“It was beginning to look as if Zuma wasn’t in charge of his own organization,” said Steven Friedman, director of the Center for the Study of Democracy. “He needed to show who’s boss.”
The suspension is the latest and in some way the harshest punishment meted out against Mr. Malema, who was once one of Mr. Zuma’s most ardent supporters but has become a harsh critic.
Mr. Malema was convicted at the end of February in an internal disciplinary trial of sowing division within the party, and was sentenced to expulsion. The A.N.C., which prizes its reputation for fairness, allowed Mr. Malema to keep his membership while he appealed the expulsion, a process that will continue despite the latest decision. In the meantime, he had been using A.N.C. events and the support of some top party leaders to press his case with the rank and file, casting himself as the victim of a stultified elite wary of his radical ideas to help the poor. With his suspension, he has lost access to that platform. He also faces multiple investigations into his personal finances: he has become a wealthy man while leading the Youth League, and has been frequently accused of corruption.
Mr. Malema is no stranger to outrageous remarks. He revived the anti-apartheid struggle song “Shoot the Boer,” a term for white farmers, leading him to be convicted of using hate speech. He called a BBC reporter a “bloody agent.” Back when he was close to Mr. Zuma, he declared himself ready to die for the man. But on Friday, Mr. Malema apparently went too far when he attacked Mr. Zuma at a Youth League event to celebrate the A.N.C.’s centennial.
“It is under President Zuma we have seen a critical voice being suppressed,” Mr. Malema told a cheering crowd at the University of the Witwatersrand. “We have seen under President Zuma democracy being replaced with dictatorship.”
Also on stage was Mathews Phosa, the party treasurer and one of six members of the A.N.C.’s national executive committee. Mr. Phosa has been a supporter of Mr. Malema and a critic of Mr. Zuma. Mr. Malema has also courted Kgalema Motlanthe, a former president and now Mr. Zuma’s deputy, who appeared at another Youth League event where Mr. Zuma was harshly criticized. But both potential rivals appeared at Mr. Zuma’s side at a news conference on Tuesday, which was held by Gwede Mantashe, the party’s secretary general, in an effort to project a united front. The fact that members of the executive committee who seemed to be at odds with the president could be compelled to show up demonstrated that Mr. Zuma, despite deep divisions within the party, is likely to be re-elected, said Karema Brown, a veteran political analyst.
“It was an important show of force,” Ms. Brown said. “And of course it wasn’t a show of unity. It was a real demonstration of power. If he didn’t have that power, he wouldn’t have been able to get them to sit there.”
The A.N.C., like any big political party, has always struggled to keep its diverse membership and ambitious leadership under one big tent, though not always successfully. The most acrimonious and public infighting was that which led to the ouster of Mr. Mbeki, Nelson Mandela’s chosen successor, as party president in 2007. He was soon pushed out as president of the country as well, temporarily replaced by his deputy, Mr. Motlanthe, and eventually by the man he had previously fired as his deputy, Mr. Zuma. Every attempt to undercut the party’s power by splitting it has ended in failure. The most recent effort, the Congress of the People, founded by disgruntled supporters of Mr. Mbeki, has struggled to attract votes and has been riven by rivalries.
Source: New York Times
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