Friday, November 30, 2012

In South Africa, Lethal Battles for Even Smallest of Political Posts

OSHABENI, South Africa — It was, by all accounts, an ordinary small-town political meeting. The leaders of the local branch of the African National Congress gathered in September at a convent here to discuss candidates for a newly vacated seat on the ward council, the lowest-level elected position in South Africa.

When it was over, Dumisani Malunga, the local party chairman and the front-runner for the seat, stopped at a friend’s house for a late meal of chicken curry. As he and another party official, Bheko Chiliza, drove home at 9:30 p.m., a gunman fired into their car. Their bloody, bullet-riddled bodies were later found sprawled on the ground beside the white Toyota hatchback.

Mr. Malunga and Mr. Chiliza were the latest casualties in an increasingly bloody battle for local political posts in South Africa. Dozens of officials, including ward councilors, party leaders and mayors, have been killed in what has become a desperate, deadly struggle for power and its spoils.

The killings threaten to tarnish the image of the so-called rainbow nation, whose largely bloodless transition from white minority rule to nonracial democracy has made it a beacon of peace, tolerance and forgiveness.

Amid rising corruption and waning economic opportunities, political killings are on the rise. Here in KwaZulu-Natal Province, nearly 40 politicians have been killed since 2010 in battles over political posts, more than triple the number in the previous three years, according to government figures. Over the past few years, dozens more have been killed in provinces like Mpumalanga, North West and Limpopo.

The A.N.C., once a banned liberation movement engaged in one of the 20th century’s most important struggles for justice and human rights, is now in power, and it has come under harsh scrutiny for the rampant poverty, deep inequality and widespread unemployment plaguing the country. A wave of wildcat strikes that began in August, and the lethal crackdown against them, has fueled anger at a party seen as increasingly out of touch and whose leaders appear only to seek to fill their pockets.

That is a stark change from the A.N.C.’s early days, when people risked their lives and freedom to join the party and its fight to end apartheid. But in recent years, the party has sharply increased recruitment of new members, with little consideration for who joins and why.

Many new members come in search of wealth and power. Fewer than half of South African’s young black adults have jobs, and many lack the basic skills to find work after years of attending substandard schools in townships and rural areas. For these youths, politics is a seemingly certain route out of poverty. The rise in corruption has fed the belief that political posts mean kickbacks and contracts.

In the ranks of public servants, the post of rural ward council member in a speck of a town like this one would seem no great prize. The job pays about $150 a month, and its occupant must digest a steady diet of complaints from residents about the most fundamental ailments afflicting South Africa: schools that do not teach, taps that do not deliver water, crime that the police seem helpless to stop, jobs that are impossible to find.

But ward councilors are also a conduit for development projects in their areas, and they can influence the awarding of government contracts. The potential upside — earnings from bribes or surreptitious deals — is high.

“Due to the high rate of unemployment, people look for any opportunity to create an income and capitalize on it,” said Mzwandile Mkhwanazi, the regional chairman of the A.N.C. in the area that includes Oshabeni. “They are influenced by levels of poverty. They come up with any ways and means of getting money.”

Such changes in fortune explain why the post of ward councilor in Oshabeni, an impoverished town nestled in rolling hills about 15 miles inland from the Indian Ocean, was so hotly contested. When the woman who held the post died of illness in August, many local politicians were eager to throw their hats into the ring.

One of them was a young taxi driver named Sfiso Khumalo, the leader of the local branch of the A.N.C.’s Youth League. But Mr. Khumalo did not have a very good reputation, fellow Youth League members said. He was hotheaded, they said, and had spent nine years in prison for theft.

“We knew him as a stealer,” said Gcinile Duma, the secretary of the Youth League. “He had been in jail and was with the wrong kind of people.”

Other members of the local A.N.C. branch’s executive committee said they were worried that Mr. Khumalo was not a suitable candidate.

“Some people get into politics for the wrong reason, only for money,” said one local party leader who did not want to be named discussing party business. “Sfiso Khumalo was not looking to help people, only to help himself.”

Standing in his way was Mr. Malunga, 42, the party chairman and a popular local figure.

“People liked Dumisani and saw him as a good leader,” Ms. Duma said.

On Sept. 9, Mr. Khumalo attended the meeting at the Daughters of St. Francis of Assisi Convent to declare his candidacy. There was no open confrontation between Mr. Malunga and Mr. Khumalo, people who attended the meeting said. But when Mr. Malunga was found shot to death near his house, few doubted who was the prime suspect.

“We told the police, ‘We know who did this. It was Sfiso Khumalo,’ ” Ms. Duma said.

After two days of investigations, the police arrested Mr. Khumalo, who promptly confessed that he had conspired with a local businessman to have Mr. Malunga killed. On Sept. 18, Mr. Khumalo was sentenced to 22 years in prison. The person accused of being his co-conspirator is still in court.

In a statement, the leader of the A.N.C. in KwaZulu-Natal condemned the violence and the culture it springs from.

“The A.N.C. can ill afford the development of the culture of the underworld, criminality and violent elimination of opponents,” said the provincial chairman, Zweli Mkhize. “Neither can the A.N.C. afford the association of political appointment to self-enrichment where ascendancy to office is not linked with capacity, competence and dedicated service to our people.”

Party officials paid for Mr. Malunga’s burial, and his brick and stucco grave looks lavish next to the unadorned earthen mounds in the family graveyard that hold his father, brother and nephew.

Mr. Malunga’s mother, Sizakele Malunga, has already buried 5 of her 11 children, but losing her youngest son was a special blow, she said. Mr. Malunga lived with her and kept her company in her widowhood.

“I am lonely, but nothing will bring him back,” Mrs. Malunga said. “I just try to make the time pass without him.”

Mukelwa Hlatshwayo contributed reporting.

Source: New York Times

Murder attempt signals ugly turn in North West

THE murder attempt on African National Congress (ANC) North West provincial secretary Kabelo Mataboge on Thursday night signalled an ugly turn of events in the embattled province, amid the possibility of a parallel provincial nominations conference on Friday, in preparation for the ANC’s national elective conference in Mangaung next month.

The SABC reported on Friday morning that unknown gunmen opened fire on Mr Mataboge when he arrived at his home in Mafikeng on Thursday night.

ANC North West spokesman Kenny Morolong said in a statement on Friday that police were "investigating a case of attempted murder".

The incident followed controversy on Thursday after the two opposing ANC factions in the province — one led by Mr Mataboge and another by provincial chairman Supra Mahumapelo — disagreed on the venue for Friday’s provincial nominations conference.

The group led by Mr Mahumapelo preferred a hall at Hartbeespoort Dam, while those supporting Mr Mataboge were pushing for the gathering to be held at the Civic Centre in Mafikeng.

Mr Mahumapelo has been the chief campaigner for President Jacob Zuma’s second-term bid in Mangaung, while Mr Mataboge has been associated with the group campaigning for Deputy President Kgalema Motlanthe to replace Mr Zuma.

Mr Morolong on Friday called on "members of the public with information to approach the law enforcement agencies", and for police to expedite their investigation "so that culprits of this hideous act are brought to book".

Source: Business Day

Bluster is no cover for state’s excess and drift

TO EVADE detailed explanations over gargantuan government spending on his rural hacienda, President Jacob Zuma and his acolytes have evoked everything from state secrecy and executive dignity to emotive claims about rural tradition and white prejudice. It’s a scatter-gun approach. Inconsistency seems to be developing into a defensive Cabinet habit. This succeeds only in tying the government into ever knottier complications.

When ministers begin to contradict each other, and sometimes even themselves, it betrays an increasing lack of central direction and conviction. Recently the government, despite a preoccupation with the "secrecy bill" and snooping foreign agents, has successfully exposed its own worst blunders. Police Minister Nathi Mthethwa resorted to court in an attempt to prevent an inquiry into policing in Khayelitsha, instituted by Western Cape premier Helen Zille at the request of community organisations. Mthethwa dismissed Zille’s commission as "politicking" and claimed there was no problem with vigilante murders in Khayelitsha.

Yet a report by national police commissioner Riah Phiyega, ironically lodged with Mthethwa’s own court papers, revealed there have been 78 vigilante killings in Khayelitsha in less than a year: an average of six a month. You don’t really need a vexatious official opposition when the government itself is quite capable of exposing its own "politicking" — and even provides the irrefutable evidence.

This was followed by a heated dispute about how many Gulfstream jet flights, at a cost of R200,000 a trip, Lindiwe Sisulu took when she was defence minister. Democratic Alliance MP David Maynier alleged she had taken 200 such flights between Cape Town and Pretoria. Sisulu, who is now the Minister of Public Service and Administration, replied that she used the luxury jet only 35 times and accused Maynier of having "a flea-infested body".

The question is: where did those irritating fleas come from? Maynier was never able to elicit particulars of Sisulu’s travel arrangements when she was in charge of defence, because she claimed such information was a state secret. Instead, he got his information from Sisulu’s Cabinet colleague. Defence Minister Nosiviwe Mapisa-Nqakula said her predecessor took 203 executive-jet flights. In other words, Sisulu blamed a mere oxpecker for ticks and fleas that originated from the ox itself: another sign of a government in disarray.

It is catching. Earlier this month, the South African Democratic Teachers' Union (Sadtu) issued a "stern warning" against civil society groups that have resorted to court action over the Limpopo textbook fiasco. Sadtu, claiming it could resolve this textbook issue, denounced the groups as "imperialist neoliberal forces … used as proxies to pursue certain political agendas". Two weeks later, Sadtu in Limpopo issued a statement expressing doubt that the Department of Basic Education could deliver school textbooks in time for next year.

The champion of this hydra-headed style is Agriculture, Forestry and Fisheries Minister Tina Joemat-Pettersson. During the farm unrest in the Western Cape, she sounded like rivals furiously at odds with one another: Joemat the fiery revolutionary versus Pettersson the bungling government functionary.

The strikers had "won", she thundered, because they made the government listen. And the deafest culprit? As minister responsible, herself. So if farm protests reignite next week, will Comrade Joemat chuck rocks at Minister Pettersson?

Above all, no sooner was there a row over whether Zuma had taken a bond on his rural domain than his friend and former funder, Vivian Reddy, rashly declared that Zuma should be commended for choosing Nkandla when he could pick the plushest areas in the country. That boast neatly drew attention to the fact that, at a cost of more than R250m, the president’s homestead, per square metre, probably is the nation’s plushest area.

Along Cape Town’s Atlantic seaboard, you can pick up an ocean-facing mansion with six bedrooms, staff quarters, infinity pool and similar status symbols for R20m. At the Nkandla rate, you could buy 10 of those in Bantry Bay, Camps Bay and any other bay — and still have enough left for a 1,119ha game farm in KwaZulu-Natal plus a brace of helicopters.

No amount of bluster about disrespect, foreign agents or covert agendas can make up for infighting, excess and drift.

It is no way to run a country. It is no way to end inequality.

Source: Business Day

Secrecy Bill gets NCOP approval, marches towards becoming law

The African National Congress is using its majority might to bulldoze the Protection of State Information Bill through Parliament. It now goes to the National Assembly after being passed by the upper house, where MPs were given suspicious, unmarked propaganda documents promoting the Bill’s “benefits”. By MANDY DE WAAL.

South Africa’s Protection of State Information Bill (POIB) was pushed through Parliament's National Council of Provinces (NCOP) by the ANC’s majority muscle late on Thursday 29 November 2012. The vote was 34 in favour of the draft legislation, while 16 members of Parliament voted against the Bill.

As MPs filed into Parliament’s upper house, the Right2Know campaign, a coalition formed in August 2010 to oppose the Secrecy Bill, handed out letters spelling out its concerns. “One of our campaign supporters noticed that the MPs were carrying documents themselves, and did an exchange,” says Murray Hunter, Right2Know’s spokesperson and organiser. “What we got hold of was a spin sheet with sound bites spinning certain aspects of the Bill. It was a document called “Myths about the Protection of State Information Bill” asserting that the Bill did indeed contain a public interest defence and would make it impossible to hide corruption.”

Murray says that the information used in the document – which had no source or logo on it – was filled with flawed and confused arguments. The Right2Know campaign said it wanted to know who had drafted the document and how it was funded.

Parliamentary leader for the DA, Lindiwe Mazibuko, said her biggest issue was the source of the anonymous document, and possible interference by the ministry of State Security. “We know that Siyabonga Cwele’s department has been interfering in the legislative process quite publicly by saying what NCOP members should and shouldn’t do with the legislation, which is in itself a violation of the separation of powers. That is problematic because once the law is in Parliament, it must be dealt with by MPs, and an MP’s job is not to do the bidding of government,” said Mazibuko. She added that if the document did indeed come from the ministry of State Security, it would be a “huge problem”.

“It is well known that Parliament has a research unit in every single portfolio committee, and every select committee, which has a secretariat and a researcher, and often they provide committee members with information. But there is something very suspicious about parties and MPs being given a script on their way into a debate, whether or not that script came from Parliament or a government department. It is suspicious when this document comes late in the game, when the legislation is being debated upon,” she said, and added: “At the moment we are concerned with some of the procedural problems with the Information Bill, and it is certainly one of the things we will look into.”

Earlier in the week, the controversial Bill – subject of much civil society protest – was adopted by an NCOP ad hoc Parliamentary committee which had been working on changes to the Bill for the last year. Mail & Guardian reported that opposition parties were given just 10 minutes to study the 22-page report on the ad hoc committee’s deliberations, and amendments to the Secrecy Bill. The opposition walked out and ANC members voted to send the Bill to a plenary session of the NCOP.

“It is clear that the Bll’s final process through the NCOP has been rushed and botched very badly,” said Nic Dawes, editor-in-chief of the Mail & Guardian. “Despite the initial willingness of members of all parties in the NCOP to do this properly and to try and hear the concerns that were raised by civil society, by lawyers, by the media, by activists, this potential to do a good job has been replaced by a mad rush to meet a self-imposed deadline. Serious damage has been done to the process as a result.”

Dawes said people weren’t able to properly consider the committee report earlier in the week and added it was likely that the remainder of the NCOP, and plenary session, hadn’t had a proper chance to consider the amended legislation in its entirety, nor to make an informed decision on it.

“The remaining options are for the National Assembly to do what it ought to have done all along, and that is to say that this legislation needs major revisions. It needs a proper public interest defence and a public domain defence. It needs to have an appropriate balance between freedom of information and the need to protect very narrowly and carefully defined state secrets, and it needs to be subordinate to the main piece of Constitutional legislation in this area, and that is the Promotion of Information Act,” Dawes said, adding that the National Assembly had one last chance to do the right thing.

“If they don’t, I hope a draft of MPs will send this for Constitutional review; I have been advised that they will try. Or alternatively that President Zuma does that, and then ultimately we will end up in the Constitutional Court, testing the legislation vigorously, and it is a pity that it looks like we are going to get to that place, but if need be that is what we will do,” Dawes said.

As the NCOP session got underway, State Security minister Cwele worked hard to sell the “benefits” of the Bill. Cwele, who had long pushed for the more draconian aspects of the Bill to remain intact, said the draft legislation sought to “advance the public interest by protecting certain classified information held by the state that if it became known to adversaries, would prejudice state programmes and hinder its ability to perform its duties.”

Reaching for a snappy quotable quote, Cwele addressed those scared of the implementation of the Bill into law. “To those who fear that the Bill may be abused, we say: the only thing to fear is fear itself.” (We presume Mr Cwele is FDR's fan - Ed)

BDLive reported that there was fierce opposition debate in the NCOP, with DA MP Alf Lees accusing the ANC of misleading the public by claiming extensive amendments to the Bill had ruled out the possibility of a state official using it to conceal wrongdoing. "Given the levels of corruption we see in government today, it is inevitable that the Bill will be used to cover up crime and corruption by those who risk exposure," he said, to ANC jeers.

Lees said the Bill still lacked a proper public interest defence clause to protect the media and whistle blowers, while his colleague Albert Fritz added, "This Bill is Stasi-like in its content and design."

Anton Harber, who directs the Journalism and Media Studies Programme at Wits University, agrees that there is still much to fear about the Bill. “It affects people in two ways. If one comes across information that needs to be out there in the public interest, clearly it raises the risks of being a whistle blower enormously,” said Harber.

“I have no doubt it will have a chilling effect on certain kinds of investigative journalism. It means an impact on the flow of information in the public arena. The penalties for whistle blowing potentially jump enormously here,” he added.

To understand the practical impact of the Bill, should it become law, Daily Maverick spoke to an activist in Kwazulu-Natal, a province where the political body count has been rising during recent months.

“We have a lot of political killings in the province at the moment, and in some cases even within the same political party,” said Desmond D'sa, a veteran political activist who’s currently in an organisational role for Right2Know in Kwazulu-Natal. “We believe that this is because of all the corruption that’s happening in this province. We have been asking for information related to this for a long, long time; for instance, we’ve asked for the Manase report in Durban, which reveals a lot of the shenanigans that going on.”

But the city refused to let activists, who report and organise against corruption, to have a copy of the report. “The city cites that whistle-blowers will lose their jobs or get killed and all of that, but that’s exactly what’s going on here in the ruling party. We believe that the Manase report is linked to these killings and will reveal a lot about what’s going on in the ANC in Kwazulu-Natal. The killings are about who is in power, who controls the resources, and who gets access to resources,” he said.

D'sa said even less “sensitive” information, like finding out about funding of housing projects, is blocked by officials who are already using the Bill (which hasn’t been passed in to law) to stop activists, the media or concerned citizens from getting information.

“If, for instance, you want to know what housing projects are being done and what funds have been made available for this in the city, you won’t get to the bottom of it. This is because the information is classified and not released. It is classified by people right at the top. It is going to make it impossible for people to find out what is really going on here in the province,” said D’sa.

The activist explained that the control of information made it impossible for civic society to do its job as a watchdog of government, and stated that the Bill was particularly threatening for whistle blowers.

“The NGOs and the civic organisations depend on whistle blowers to uncover corruption, and whistle blowers are crucial to the functioning of a democratic society and to help us get to the truth. However, the situation with whistle-blowers will get even worse because of the mounting fear. People will be fearful of being arrested, and now will be scared to release any kind of information because of the consequences,” D’sa said.

In terms of the proposed law, whistle blowers who reveal “corruption, malfeasance or wrongdoing by the State” can look at jail terms of up to 15 years. Furthermore, the Right2Know campaign also fears that whistle blowers may be charged under espionage clauses of the law which would see penalties of up to 25 years imposed.

In Kwazulu-Natal, this might be the case for activists investigating chemical fires and explosions. “In Durban the chemical cluster operates under the military, and under this new law, the military and the ‘securocrats’ in government won’t release any information at all. Even when people are getting killed or people are being affected by chemical emissions, this will not be released because they will deem it confidential and they will classify it,” D'sa told Daily Maverick.

“We have had over thirty explosions in the past few years, and fires in Durban, and we asked the department of labour to release certain forensic reports and they won’t do it. Can you imagine now if the law comes out? The flow of information with come to a standstill,” he added.

In the past, activists have been able to eke out some information through whistle blowers, but this will either dry up, or both activists and whistle blowers could face jail stiff terms. But D’sa and the Right2Know campaign are unrelenting.

“I hope that everyone realises that the democracy that everyone fought for and yearned for will be curtailed by this new law, as it is being bulldozed through Parliament. We are worried that we have gone right back, right back to the dark days of the Apartheid government, in bringing about these laws to stifle civil society, and to stifle ordinary people from standing up and asking the right questions, and getting the answers.”

“We will up the tempo of our protests. We are going to fight, even to the extent of being imprisoned. We are not going to shy away from standing up for the truth – even to the extent of being imprisoned because we need to fight this,” he added. DM

Source: Daily Maverick

The ‘big bwana’ syndrome and the state

A big man, big man syndrome, or bigmanism, within the context of political science, refers to corrupt, autocratic and often totalitarian rule of countries by a single person.

Generally associated with neopatrimonial states, where there is a framework of formal law and administration but the state is informally captured by patronage networks. The distribution of the spoils of office takes precedence over the formal functions of the state, severely limiting the ability of public officials to make policies in the general interest. While neopatrimonialism may be considered the norm where a modern state is constructed in a preindustrial context, however, the African variants often result in bigmanism in the form of a strongly presidentialist political system.
  
Examples
  • Mobutu Sese Seko - President of Zaire from 1965 to 1997. He remained in office for 31.5 years. While in office, he formed a totalitarian regime in Zaire which attempted to purge the country of all colonial cultural influence and entered wars to challenge the rise of communism in other African countries. His mismanagement of his country's economy, and personal enrichment from its financial and natural resources, makes his name synonymous with kleptocracy in Africa.
  • Saddam Hussein - President of Iraq from 1979 to 2003. As president, Saddam maintained power during the Iran–Iraq War (1980–1988) and the first Persian Gulf War (1991). During these conflicts, Saddam repressed several movements, particularly Shi'a and Kurdish movements seeking to overthrow the government or gain independence, respectively. Whereas some Arabs looked upon him as a hero for his aggressive stance against foreign intervention and for his support for the Palestinians, many Arabs and western leaders vilified him for murdering scores of Kurdish people of the north and his invasion of Kuwait. Saddam was deposed by the U.S. and its allies during the 2003 invasion of Iraq.
  • Suharto - President of Indonesia from 1967 to 1998. The legacy of Suharto's 32-year rule is debated both in Indonesia and abroad. Under his "New Order" administration, Suharto constructed a strong, centralized and military-dominated government. An ability to maintain stability over a sprawling and diverse Indonesia and an avowedly anti-Communist stance won him the economic and diplomatic support of the West during the Cold War. For most of his presidency, Indonesia experienced significant economic growth and industrialization. Against the backdrop of Cold War international relations, Suharto's "New Order" invasion of East Timor, and the subsequent 24-year occupation, resulted in an estimated minimum of 102,800 deaths. A detailed statistical report prepared for the Commission for Reception, Truth and Reconciliation in East Timor. By the 1990s, the New Order's authoritarianism and widespread corruption—estimates of government funds missappropriated by the Suharto family range from US$1.5 billion and US$35 billion was a source of much discontent, and was referred as one of the world's most corrupt leaders. Suharto tops corruption rankings. In the years since his presidency, attempts to try him on charges of corruption and genocide failed because of his poor health.
It should be noted that every single leader above was strongly funded and supported by the United States government.

Source: Wikipedia

Thursday, November 29, 2012

SAPS Crime Intelligence: frozen in the political winter of Mangaung

The spy wars in the police’s embattled crime intelligence division are at the heart of a relentless struggle for control between political factions, each fighting to get its man into the much sought-after seat of spy master. Not unlike the Apartheid regime’s security branch, crime intelligence is a notoriously powerful instrument for government, as the eyes and ears on not only the criminal activities of mob bosses, but also the politicians and businessmen with whom they are connected. As this silent battle in the murky world of spies plays itself out in the final days on the road to Mangaung, combating crime has taken a back seat, writes DE WET POTGIETER.

The police’s crime intelligence division – in theory the backbone of crime prevention and the effective combating of crime in South Africa – appear to have become so politicised with factional in-fighting that this expert unit have suffered from paralysis since the struggle for the top post as spy master intensified last year.

“The spy bosses at crime intelligence headquarters in Pretoria are sitting on their hands, too afraid to make a wrong move in the run-up to Mangaung, in case it jeopardises their future in the police.”

That’s how well-placed intelligence sources describe the sensitive circumstances surrounding them.

In the latest saga of dirty tricks in Spy versus Spy – which was a closely guarded secret until now – Daily Maverick can reveal that the Toshiba laptop of acting head of crime intelligence, Major-General Chris Ngcobo, mysteriously disappeared from the boot of his car, together with sensitive intelligence documents.

In a handwritten sworn statement, Ngcobo’s official driver, Ernest Masemola, said he stopped on 24 September with a Ford Focus in Esselen Street, in Sunnyside in Pretoria, to pick up photographs from Photo Plus. From there he travelled to the Brooklyn Mall and then drove Ngcobo to Doornpoort in the north of Pretoria.

“I parked the car outside [with] my commanding officer, Major-General Chris Ngcobo, [and we] both got out of the car. We walked together to the boot of the car and when I opened it we discovered his laptop was missing.”

Police spokesperson Brigadier Phuti Setati declined to comment on the incident.

Ngcobo, a former head of Protection and Security Services in the Free State and a former head of VIP Protection, was appointed as acting top police spy by national police commissioner Riah Phiyega “to bring stability” to crime intelligence after the position was vacated following the suspension of controversial former intelligence chief Lieutenant-General Richard Mdluli.

Both local and foreign intelligence sources voiced their concern to Daily Maverick that soon after his appointment, Ngcobo suspended – until after the Mangaung conference is done and dusted – all official authorisation of telephone tapping for agents working on deep cover operations within organised crime syndicates. This ban on surveillance was recently eased somewhat after an investigating advocate from the prosecuting authority intervened.

According to senior colleagues, Ngcobo is sitting with an explosive docket regarding one of his predecessors as acting head of intelligence – and the main rival of Mdluli to this top post, Major-General Mark Hankel – without taking any action. It has been reliably learned that the dossier recommends that action be taken against Hankel regarding the following two issues:

  • The leakage of information;
  • The illegal interception of telephone conversations of other government departments as well as the use of the Secret Services Account (SSA).

Hankel, the former head of crime intelligence’s operational intelligence analysis section, is a very powerful officer in the division and had always been seen as the main rival of Mdluli for the top post. He was instrumental in drafting the controversial secret report presented to the inspector general of intelligence, Faith Radebe, earlier this year, outlining the allegations of fraud and misappropriation of the slush fund against Mdluli.

The controversy surrounding crime intelligence culminated last year when, with the stroke of a pen, almost the entire top management of the police’s crime intelligence were instructed to vacate their offices and move to other sections in the SAPS. Reacting soon after the purge, police spokesperson Major-General Nonkululeko Mbatha said that “certain interventions have been done directed at the optimal functioning of the environment.” All this was done in the interest of the service, she added.

In total, 11 members of management received their walking letters, and one of them had been suspended while under investigation by the Hawks. They were redeployed to other sections in the SAPS.

“This was not a spur of the moment decision,” a senior police source close to crime intelligence explained soon after the purge. “The investigation into the activities there had been ongoing for quite some time.”

This drastic move by then-acting national police commissioner, Major-General Nhlanhla Mkhwanazi, was a sequel to the crackdown by the Hawks on the controversial division. Mdluli was the first casualty of the purge after the Hawks chief, General Anwar Dramat, received instructions to clean out crime intelligence, starting at the top. Top Cape Town cop, Colonel Piet Viljoen, was brought up to Gauteng as part of the behind-the-scenes investigation.

For some time now, it has been possible to sense from within the ranks of crime intelligence an eerie atmosphere of distrust since Mdluli’s arrest, especially as the police spies started to panic and closed ranks. (Mdluli was recently cleared of the murder charge, but remains on suspension.)

The next to go was the controversial former Gauteng boss, Joey Mabasa, who fell from grace owing to his wife’s links with the Czech fugitive Radovan Krejcir’s wife. Mabasa took a severance package last year and left the police quietly.

In another strange move by the crime intelligence top brass, the police refused to give reasons for the massive destruction of extremely valuable and sensitive documents and surveillance material regarding the activities of international crime syndicates and local drug lords soon after Mdluli was arrested for murder last year.

It is believed that the purge of the police’s spy unit in November last year was partly the result of the bitter internal political struggle which lead to the panicky destruction of vital evidence that pointed to links by top ANC politicians and family members with crime syndicate leaders.

According to intelligence sources, Operations Dante and Snowman were two top secret intelligence-driven investigations into the links of South African crime bosses with, in particular, the dangerous crime syndicates operating from the Balkan countries – with the main focus on Serbia and Montenegro.

“There were at least 30 targets whose telephones were legally tapped in these operations,” sources closely connected to these deep cover operations said.

Some of the key “targets” the agents were eavesdropping on were, among others, the slain gangland boss, Cyril Beeka, the murdered king of sleaze, Lolly Jackson, the Czech fugitive, Radovan Krejcir, one of his Serbian business associates, Veselin “Vesco” Laganin, and convicted drug dealer, Glen Agliotti.

Asked for comment, the then Hawks spokesperson, Colonel Macintosh Polela, said: “We don’t give out information on crime intelligence operations. As such, I’m unable to respond to any of your questions.”

Since Phiyega took over as police commissioner earlier this year, Mkhwanazi was redeployed. Before she took over the reins, he had been rumoured to be the frontrunner for the intelligence post. Mkhwanazi took the decisive decision last year to suspend Mdluli from his post as intelligence boss pending the outcome of the murder trial.

According to well-placed sources, within days of Mdluli’s arrest, Hankel withdrew particular crime intelligence material from the vaults at crime intelligence head office in Pretoria, and the frantic shredding started around the clock, destroying vital evidence regarding international organised crime syndicates. Hankel, who is regarded as “very knowledgeable”, with a lot of sensitive information, including the criminal activities of influential people, declined to comment.

Showing his hand in this relentless battle for the heart of crime intelligence, soon after his arrest, Mdluli handed the so-called Ground Coverage Report to President Jacob Zuma, in which it is alleged that certain high-profile ANC leaders, including Human Settlement Minister Tokyo Sexwale, KwaZulu-Natal Premier Zweli Mkhize and Bheki Cele, plotted to overthrow Zuma. These claims of a conspiracy against Zuma were vehemently denied.

The Hawks, which relied heavily on information from the police’s crime intelligence division for its own investigations, severed all links, with crime intelligence due to the breach in trust; the working relationship soured when the super cops discovered that the phones of Hawks investigators were being illegally tapped by crime intelligence.

Only a few weeks away, the ANC’s Mangaung conference will define the winners and losers, at least for the time being. One question remains difficult to answer, however: will the police crime intelligence unit ever become what it is supposed to be – an elite department whose only true masters are the people of South Africa? DM

Source: Daily Maverick

Dalai Lama's visa delay to South Africa 'unlawful'

South Africa's government acted unlawfully in failing to give the Dalai Lama a visa in time for a planned visit last year, a court has ruled.

Tibet's spiritual leader was forced to cancel plans to attend Archbishop Desmond Tutu's 80th birthday celebrations in October 2011.

The Supreme Court of Appeal said the former home affairs minister had "unreasonably delayed her decision".

The government denied it had bowed to pressure from China to block the trip.

Stalling tactics

The Supreme Court of Appeal was hearing an appeal application by two opposition parties - the Inkatha Freedom Party (IFP) and the Congress of the People (Cope) - about the issue. Archbishop Desmond Tutu said the failure to grant the Dalai Lama a visa was a disgrace

Earlier, the Western Cape High Court had dismissed the case, the South Africa Press Association reports. Archbishop Tutu was furious about the visa delay for his fellow Nobel Peace Prize winner and accused the government of behaving "worse than the apartheid government".

According to the AFP news agency, the Supreme Court of Appeal found no evidence that the government had actually made a decision not to grant a visa, but did detect stalling tactics.

"What is justified by the evidence is an inference that the matter was deliberately delayed so as to avoid a decision," the news agency quotes the judgment as saying.

The court said that former Home Affairs Minister Nkosazana Dlamini-Zuma "was not entitled to deliberately procrastinate", South Africa's City Press newspaper reports.

Ms Dlamini-Zuma, who is President Jacob Zuma's ex-wife, now heads the Africa Union.

The Dalai Lama eventually delivered a lecture at Archbishop Tutu's birthday celebrations via a video link.

Source: BBC News

FirstRand to expand its asset management business division

FIRSTRAND plans to grow its asset management business as it widens revenues from business segments that require less regulatory capital.

Group CEO Sizwe Nxasana said on Thursday in an interview the asset management business already had assets under management and administration of about $100bn.

The plan was to progressively grow these assets in South Africa and sub-Saharan Africa over the next few years, Mr Nxasana said at the conclusion of FirstRand’s annual general meeting in Sandton.

The asset management business was being run through Ashburton Investments, a unit of FirstRand.

"We have about R100bn in assets under management or administration. It is a business we think there is opportunity to create more scale by leveraging on the internal skills we have," Mr Nxasana said. "We want to originate business in various asset classes such as equities, real estate and infrastructure in South Africa and Africa," he said.

Mr Nxasana would not say what the target value of assets under management was for Ashburton over the next few years. "We have a base from which to start growing the business but this is a journey rather than a process," he said.

Mr Nxasana also said FirstRand would next year prefer to concentrate on investing in the businesses it had or planned to establish outside South Africa.

"We have projects in Mozambique, Tanzania, Nigeria, Ghana, Zambia and India which gives us more than enough to focus on," he said.

Speaking at the annual meeting, FirstRand non-executive chairman Laurie Dippenaar said the group’s remuneration strategy was neither excessive nor did it reward failure.

Group executives were paid on the basis of them achieving targets such as creating shareholder value by increasing return on equity.

Mr Dippenaar said in FirstRand’s annual report released at the meeting that some global banks produced return on equity that was well below cost of capital but paid executives and staff up to 80% of the return. FirstRand’s return on equity was on the other hand about 20% and it paid out 45% of that to executives and staff.

Source: Business Day

Glenister prepares for round 3 in ConCourt over Hawks Act

Hugh Glenister is preparing to return to the Constitutional Court, to argue that the amendments to the South African Police Amendment Act - known as the ‘Hawks Act' - do not meet that Court's criteria for an effective anti-corruption entity as laid out in the Glenister judgment of March 2011.

The Act was signed into law by President Zuma in September this year. Glenister submitted a notice of application to the Court today.

Glenister and his legal counsel have asked that the Court give the executive six months to remedy the legislation once again, and have suggested that a new entity with a specific mandate to combat corruption be established outside of the police service. Glenister says that this could be achieved in a number of ways, either through the creation of:

a new Chapter 9 institution;
a specialised unit within an existing Chapter 9 Institution (e.g. The office of the Public Protector or the Auditor General); or
a free-standing legislated body which is not accountable to the National Commissioner, the Minister or the cabinet.

The SAPS Amendment Act was first passed into law in 2008, when anti-corruption unit, the Scorpions, was disbanded and replaced by the Directorate for Priority Crime Investigation, a new unit within the police service known as ‘the Hawks'.

Glenister successfully argued that the legislation establishing the Hawks was unconstitutional when he won the 2011 ‘Glenister judgement' in the Constitutional Court. The Court found that the SAPS Amendment Act gave inadequate independence to the anti-graft unit in investigating corruption and gave the executive 18 months to amend the legislation. The cut-off date was 18 September 2012.

In its judgement, the Court clearly outlined its criteria for South Africa's anti-corruption entity:

Adequate specialisation and training;
independence from political influence and interference;
guaranteed resources; and
security of tenure for the entity's officials.

However, Glenister believes that the executive failed to adhere to these criteria and therefore to the requirements of the Constitution, specifically regarding the location of the Hawks and its reporting structure.

As a unit within the police, the Hawks head is answerable to the Commissioner of Police, the Minister of Police, Cabinet and ultimately, the President. Glenister believes that this makes the unit vulnerable to political meddling, compromising its ability to effectively investigate corruption at all levels of society.

"How can the Hawks combat corruption within the public sector if the ruling party has control over who can be investigated and who is above the law?" says Glenister, "The unit has its hands tied and is vulnerable to the kind of political interference which resulted in corruption charges being withdrawn against the President, without the opportunity of being tested in court."

According to the 2008/2009 annual report of the National Prosecuting Authority, the number of new investigations has dropped by 85% since the Hawks took over from the Scorpions in 2008, and the value of illegally acquired assets seized has fallen from R4 billion to R35 million.

Additionally, public perception about corruption within the SAPS is at an all time low according to an October survey by market research firm, TNS, which revealed that it is seen as the most corrupt government entity in South Africa. The Court regards public perception of independence as a relevant factor in its deliberations on the effectiveness and autonomy of the tweaked Hawks unit.

"If the unit itself is corrupt, how can it be expected to fight corruption?"

Statement issued by FTI Consulting on behalf of Hugh Glenister, November 29 2012

Source: Politicsweb

Uganda: Human Rights Defenders and Land Ownership

Northern Uganda is rising from the debris of a long conflict involving the rebel Lord's Resistance Movement. Many challenges remain especially on land issues. But human rights defenders are trying to help.

Lira Town, situated some 350km from Kampala to the north, is an area deeply affected by the Lord's Resistance Army conflict that wrecked Uganda from 1986 until the Juba talks (2006-2008), marking the beginning of the end for Joseph Kony and the rebels in Uganda.

It was the start of a peace process that ultimately led to the creation of South Sudan in 2011 and also marked the beginning of a decline of the LRA in northern Uganda, forcing them out of the bases they had been occupying in southern Sudan, last seen in the Eastern Congo or the Central African Republic.

These days there is a lot less urgency for those internally displaced who had fled rural villages to seek sanctuary in towns from the violence. Lira town now thrives with bustle of commercial trade in its compact town centre.

The most talked about issues I encountered focussed on one central problem that's on the rise right across Uganda: land ownership.

In discussion with the Deputy District Police Commander and the District Office of Prosecutions it emerged that land ownership or land disputes were behind nearly all of the criminal cases and violations of human rights in Lira district.

This may not come as a surprise when Uganda's population has risen tenfold to since independence in 1962. The issue has been exacerbated by the discovery of oil reserves in Hoima District and new cases of forced evictions and land grabbing are reported on an almost daily basis.

The throngs of men and women I witnessed seated outside the Lira courts pending hearings on land issues, particularly over ownership by people displaced during conflict, all seek to reclaim land they previously worked on.

The court system is simply unable to cope with the demands on it. The Officer of Prosecutions bemoaned the lack of human resources at his disposal.

The state is bound to provide lawyers to represent the deceased in any court case but its failure to pay lawyers for their work has led to many refusing to take up these positions, bringing the justice process to a grinding halt.

Faced with a flailing system, a number of individuals seek alternative solutions which are not always legal.

Mob justice - where citizens take the law into their own hands - is on the rise in Uganda and it may increase as land disputes keep happening and formal crime and punishment structures fail to address them.

Just as mob justice can never be a workable alternative, removing rights, such as the right to a fair trial in the process, the same could be said of a failing judicial system.

Lobbying for its reform and greater accountability from the authorities is where human rights defenders (HRDs) are concentrating their efforts in looking to overcome this huge challenge.

WHAT IS A HUMAN RIGHTS DEFENDER? AND WHY DO THEY MATTER?

A Human Rights Defender (HRD) was formalised as a concept at the international level by the 1998 UN Declaration on Human Rights Defenders, which guarantees every individual's right to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels.

In practice HRDs extend from individuals, such as lawyers and social workers, to organisations that work on issues relating to human rights and even to instruments of the state.

In fact the chief HRDs in Ugandan society, at least in theory, are the police, prison service and judiciary, as they are mandated by the Constitution to protect and promote human rights. However they are often involved in abuses in the Ugandan case.

The key message for governments is that HRDs are legitimate actors, working in the interests of the state to promote and protect fundamental freedoms that all citizens should be entitled to.

The state should recognise this and create an enabling environment for their work, which includes protection where required and facilitation where it is mandated to so

The case studies that follow are based on interviews with men, women and persons with disabilities that I encountered, outlining just some of the challenges and success stories of HRDs in Lira.

CASE STUDY 1: LIVING WITH HIV AND AIDS

Semmy Apili, sharing her experience during a training workshop, said she won a court case and regained her land because of the will her late husband was able to write.

Even on issues such as HIV and AIDS the issue of land could not be avoided. Martin Ongune, Project Coordinator at the Lira Development Network for People Living with HIV Aids (LIDFOPHAN), remarked upon the need for support in 'will writing' in order to support the families of victims:

'There is a need here for legal advisers to assist the poorer members of society in writing wills. It will ensure a degree of security for families who may lose relatives because of HIV and AIDS.

We would also welcome training that would empower members of the community with these skills and enable a more sustainable solution.'

The organisation has, through its own networks, over 8,000 members and it works not only to provide support to victims of HIV and AIDS but also to the families of those victims. Ensuring that livelihoods can be guaranteed is an important part of this support process and while there is a need, the challenge of bringing about that change remains.

CASE STUDY 2: PERSONS WITH DISABILITIES

Uganda suffered both physical and mental trauma; issues that still need to be addressed. In meeting with Joseph Kasungo at the Freidis Rehabilitation and Disability Centre I encountered anger at the lack of support that directly targeted the issue of disability.

He remained frustrated that it continues to be something of a side issue, incorporated into other projects or initiatives but not given the priority that it should be. Social stigma remains attached to disability in Uganda and mental health issues are seen as human weakness rather than health issues that require treatment.

The Centre has the facilities to tackle these issues, with a fully equipped clinic and on-site psychologist, but its major challenge is reintegrating people back into society as equals.

CASE STUDY 3: EMPOWERING WOMEN

Diana Oroma of Women's Peace Initiative (WPI) passionately outlined the challenges facing women in Lira District but suggested that progress was being made.

Her organisation has played a key role in encouraging women to seek medical attention to be treated for victims of sexual abuse. In 2010 over 600 women were treated by a WPI initiative. Fifty of these women had such serious afflictions they required surgery.

There is no shortage of challenges facing the women who do come forward for treatment:

The stigma attached to being sexually violated or raped can often led to exclusion or people being ostracised from the community.

Cultural issues with regards to relationships between men and women are problematic. A lack of education about female sexual health, inclusive of men, means that cultural norms of women being the bearer of children remain strong and this can impact on recovery after treatment.

Women Peace Clubs have been set up by WPI in an effort to change the attitudes of the community. They have been successful in utilising women who have been treated talk to come and tell other women about their positive experiences.

Efforts have also been made to engage men in the education process. Progress, however, is slow as Diana outlined an example of a man coming to a workshop and agreeing that he would show more respect for his wife's sexual health. Yet a week later WPI learned that the woman had been heavily beaten by her husband for bringing shame upon him and their family.

This kind of example shows that changing (and challenging!) attitudes will be a gradual task, but initiatives being run by WPCs are the kind of projects best suited to bring about that change.

Where to from here for human rights defenders: some reflections on the local, national and international dimensions

At the local government level in Lira officials are working with civil society groups (such as the Lira NGO Forum) to enhance and protect human rights. Disputes over land and an ill-equipped judiciary for dealing with complaints being brought to its door, however, are challenges facing all Ugandan HRDs rather than just in Lira.

While some freedoms are being afforded to Ugandans there are still restrictions being placed on journalists in carrying out their work, women are still often regarded as second class citizens and rights for lesbian, gay, bisexual and transgender Ugandans are almost non-existence.

In recent weeks a number of members of parliament have come out in support of the retrogressive Anti-Homosexuality Bill, touted by the Speaker of Parliament as a "Christmas gift" to Ugandans, which would make engaging in homosexual activities punishable by death. This is incredibly worrying for human rights standards and protections in Uganda.

Parliamentarians are voting on this bill in the coming days before 15th December, despite that Uganda holds a seat on the UN Human Rights Council until the end of 2013.

In her remarks addressing the UN Assembly in New York, the UN Special Rapporteur on Human Rights, Margaret Sekaggya, emphasized the constraints faced by defenders of lesbian, gay, bisexual and transgender rights due to criminalization of same-sex relations in over 75 countries worldwide, as well as recent legislative moves to purportedly curb promotion of homosexuality.

Although the recent decision of Malawi to suspend its anti-gay legislation is a small ray of hope it should be recognised and applauded as a step forward. www.developmenteducation.ie will be following these stories more closely in the months ahead.

Lastly, the creation of a Human Right Committee, made up of members of the Uganda parliament and tasked with the monitoring and evaluation of the government's compliance with human rights standards and protections is a very positive step. In theory, this should support the promotion and protection of those working to protect and stimulate human rights at the community level too.

Overall then, this is a refreshing turn for Ugandans struggling for a better life and looking to hold their politicians and public officials to a higher standard.

Throughout my field visits in Lira and elsewhere I have found the enthusiasm and commitment to such values remains undiminished. There are, of course, many challenges left but changes in attitudes at the community level are being observed.

This is welcome as the region gradually turns it focus away from a past ravaged by conflict to one embracing social and economic growth and development.

- Jamie Hitchen currently lives and works in Kampala, Uganda. Having obtained a Masters in African Politics from the School of Oriental and African Studies (SOAS) he now works for the Human Rights Centre Uganda (www.hrcug.org). This article was first published by Irish global education website www.developmentEducation.ie

Source: All Africa

U.N. Assembly, in Blow to U.S., Elevates Status of Palestine


More than 130 countries voted on Thursday to upgrade Palestine to a nonmember observer state of the United Nations, a triumph for Palestinian diplomacy and a sharp rebuke to the United States and Israel.

But the vote, at least for now, did little to bring either the Palestinians or the Israelis closer to the goal they claim to seek: two states living side by side, or increased Palestinian unity. Israel and the militant group Hamas both responded critically to the day’s events, though for different reasons.

The new status will give the Palestinians more tools to challenge Israel in international legal forums for its occupation activities in the West Bank, including settlement-building, and it helped bolster the Palestinian Authority, weakened after eight days of battle between its rival Hamas and Israel.

But even as a small but determined crowd of 2,000 celebrated in central Ramallah in the West Bank, waving flags and dancing, there was an underlying sense of concerned resignation.

“I hope this is good,” said Munir Shafie, 36, an electrical engineer who was there. “But how are we going to benefit?”

Still, the General Assembly vote — 138 countries in favor, 9 opposed and 41 abstaining — showed impressive backing for the Palestinians at a difficult time. It was taken on the 65th anniversary of the vote to divide the former British mandate of Palestine into two states, one Jewish and one Arab, a vote Israel considers the international seal of approval for its birth.

The past two years of Arab uprisings have marginalized the Palestinian cause to some extent as nations that focused their political aspirations on the Palestinian struggle have turned inward. The vote on Thursday, coming so soon after the Gaza fighting, put the Palestinians again — if briefly, perhaps — at the center of international discussion.

“The question is, where do we go from here and what does it mean?” Salam Fayyad, the Palestinian prime minister, who was in New York for the vote, said in an interview. “The sooner the tough rhetoric of this can subside and the more this is viewed as a logical consequence of many years of failure to move the process forward, the better.” He said nothing would change without deep American involvement.

President Mahmoud Abbas of the Palestinian Authority, speaking to the assembly’s member nations, said, “The General Assembly is called upon today to issue a birth certificate of the reality of the state of Palestine,” and he condemned what he called Israeli racism and colonialism. His remarks seemed aimed in part at Israel and in part at Hamas. But both quickly attacked him for the parts they found offensive.

“The world watched a defamatory and venomous speech that was full of mendacious propaganda against the Israel Defense Forces and the citizens of Israel,” Prime Minister Benjamin Netanyahu of Israel responded. “Someone who wants peace does not talk in such a manner.”

While Hamas had officially backed the United Nations bid of Mr. Abbas, it quickly criticized his speech because the group does not recognize Israel.

“There are controversial issues in the points that Abbas raised, and Hamas has the right to preserve its position over them,” said Salah al-Bardaweel, a spokesman for Hamas in Gaza, on Thursday.

“We do not recognize Israel, nor the partition of Palestine, and Israel has no right in Palestine,” he added. “Getting our membership in the U.N. bodies is our natural right, but without giving up any inch of Palestine’s soil.”

Israel’s ambassador to the United Nations, Ron Prosor, spoke after Mr. Abbas and said he was concerned that the Palestinian Authority failed to recognize Israel for what it is.

“Three months ago, Israel’s prime minister stood in this very hall and extended his hand in peace to President Abbas,” Mr. Prosor said. “He reiterated that his goal was to create a solution of two states for two peoples, where a demilitarized Palestinian state will recognize Israel as a Jewish state.

“That’s right. Two states for two peoples. In fact, President Abbas, I did not hear you use the phrase ‘two states for two peoples’ this afternoon. In fact, I have never heard you say the phrase ‘two states for two peoples’ because the Palestinian leadership has never recognized that Israel is the nation-state of the Jewish people.”

The Israelis also say that the fact that Mr. Abbas is not welcome in Gaza, the Palestinian coastal enclave run by Hamas, from which he was ejected five years ago, shows that there is no viable Palestinian leadership living up to its obligations now.

As expected, the vote won backing from a number of European countries, and was a rebuff to intense American and Israeli diplomacy. France, Spain, Italy and Switzerland all voted yes. Britain and Germany abstained. Apart from Canada, no major country joined the United States and Israel in voting no. The other opponents included Palau, Panama and Micronesia.

Susan E. Rice, the American ambassador to the United Nations, was dismissive of the entire exercise. “Today’s grand pronouncements will soon fade,” she said. “And the Palestinian people will wake up tomorrow and find that little about their lives has changed, save that the prospects of a durable peace have only receded.”

A major concern for the Americans is that the Palestinians may use their new status to try to join the International Criminal Court. That prospect particularly worries the Israelis, who fear that the Palestinians may press for an investigation of their practices in the occupied territories widely viewed as violations of international law.

Saeb Erekat, the chief Palestinian negotiator, said that after the vote “life will not be the same” because “Palestine will become a country under occupation.”

“The terms of reference for any negotiations become withdrawal,” Mr. Erekat said.

Another worry is that the Palestinians may use the vote to seek membership in specialized agencies of the United Nations, a move that could have consequences for the financing of the international organizations as well as the Palestinian Authority itself. Congress cut off financing to the United Nations Educational, Scientific and Cultural Organization, known as Unesco, in 2011 after it accepted Palestine as a member. The United States is a major contributor to many of these agencies and is active on their governing boards.

In response to the Palestinian bid, a bipartisan group of senators said Thursday that they would introduce legislation that would cut off foreign aid to the authority if it tried to use the International Criminal Court against Israel, and close the Palestine Liberation Organization’s office in Washington if Palestinians refused to negotiate with Israel.

Calling the Palestinian bid “an unhealthy step that could undermine the peace process,” Senator Lindsey Graham, Republican of South Carolina, said that he and the other senators, including Charles E. Schumer, Democrat of New York, would be closely monitoring the situation.

The vote came shortly after an eight-day Israeli military assault on Gaza that Israel described as a response to stepped-up rocket fire into Israel. The operation killed scores of Palestinians and was aimed at reducing the arsenal of Hamas in Gaza, part of the territory that the United Nations resolution expects to make up a future state of Palestine.

The Palestinian Authority, based in Ramallah, was politically weakened by the Gaza fighting, with its rivals in Hamas seen by many Palestinians as more willing to stand up to Israel and fight back. That shift in sentiment is one reason that some Western countries gave for backing the United Nations resolution, to strengthen Mr. Abbas and his more moderate colleagues in their contest with Hamas.

Source: New York Times

Cops probing ammo suspect's alleged links to heists

Within hours of a police station commander appearing in court for the theft and sale of police ammunition to organised crime gangs, detectives have launched investigations into allegations that he might be linked to a series of violent crimes that were committed using police weapons.

Captain Petrus Badenhorst, the commander of Rust de Winter police station, near Pretoria, appeared in the Pretoria North Magistrate's Court yesterday with co-accused Eduan Smit, 31, and Smit's wife, Elmari, 26.

The three were arrested by the Hawks on Tuesday after a 10-month investigation into the theft and sale of police and military ammunition from the police station.

Smit and his wife were arrested in a sting operation at a Pretoria shopping centre; Badenhorst, who is to be suspended, was arrested at the police station.

During the arrests police seized over 10000 rounds of ammunition for semi-automatic rifles and handguns. In the past month, they had bought nearly 40000 rounds of ammunition from the three in several operations.

In the early hours of yesterday morning, just hours before the trio's court appearance, police raided a Pretoria house where they recovered dozens of military-issue 20mm rounds of ammunition and a quantity of AK47 bullets.

The house is believed to belong to a relative of the Smits and is thought to have been used as a storage facility while buyers for the ammunition were being sought.

A source said shortly after Badenhorst's arrest that the police received information of his alleged links to several crimes that were comitted using weapons taken from the police station.

"All these crimes appear to have been violent. Investigators are following up on information that should soon lead to the arrest of several more people, including police officers, who were involved in these thefts and sales.

"It appears he [Badenhorst] saw himself as a super cop and a law unto himself," said the source.

The expected arrests will follow the widening of the investigation by detectives to include several Gauteng and Limpopo police stations with armouries from which thousands of rounds of ammunition are believed to have been stolen, allegedly by Badenhorst and people who have been linked to him.

Source: Times Live

Wednesday, November 28, 2012

Captain allegedly sold a 9mm and shotgun ammunition to criminals

A LIMPOPO police station commissioner was arrested yesterday for possession of and dealing in ammunition, the Hawks said. More than 500 rounds of ammunition were found at his house. Earlier police arrested a couple believed to be his accomplices. They had 10,500 rounds of ammunition worth about R1-million for apparent delivery to a buyer.

The captain, 43, allegedly sold the 9mm and shotgun ammunition to criminals. The three would appear in the Pretoria North Magistrate's Court today.

Source: The Sowetan

Time to raise the bar on Africa’s integration

MUCH has been said about African trade and the continent’s integration into a range of forums. It is the policy of African governments, and plenty of implementation is under way.

Africa’s leaders have long recognised the importance of economic integration as a remedy for the continent’s fragmentation. At the past two African Union summits, much was discussed regarding intra-African trade. We know the problems, the diagnostics and even the cure.

More than half of Africa’s 54 countries have a gross domestic product of less than $10bn, and a population of less than 10-million. Sixteen are landlocked, with all the challenges associated with small size and small markets. All of this is known.

Most African countries struggle to achieve the economies of scale required to become competitive internationally. That is why, through successive agreements, African governments have committed themselves to the pursuit of greater integration.

These commitments have not always proved easy to implement. In practice, national priorities have often trumped regional needs — a phenomenon not unique to Africa, of course.

As a result, the opportunities of regional integration have not been fully exploited. Yet today, as yesterday, trade still holds tremendous unrealised potential as a driver of growth and a way of improving food security, creating jobs and reducing poverty.

In short, while intra-African trade has more than doubled over the past five years, it remains far below potential. Most people would agree there are four pervasive challenges:

• a lack of adequate hard infrastructure, in particular transport, connectivity and energy;

• problems with ‘soft’ infrastructure — the institutions and regulations to facilitate trade links, which includes the overall business environment, and impediments to the free movement of goods, capital and talent;

• myriad company-level challenges that affect the private sector and the emergence and sustainability of exports, such as quality and meeting standards; and

• access to finance, trade finance and the financial infrastructure that supports trade.

These are issues we know well. Of growing urgency are railways and maritime port capacity. Much of our railway network dates back to the colonial era, and the costs of ageing systems with multiple gauges are now a real impediment. Few railways have been built since independence.

At our ports, crucial for regional integration and international trade, capacity has become a major obstacle. The volume of freight that they handle has increased dramatically in recent years. Most of these ports were not designed with a regional market in mind, and many are rapidly running out of capacity, especially as mineral exports increase.

As a result, they operate well below international norms, resulting in higher costs and longer processing times.

We know what has to be done, including the financing gap. Today, we need to ask a different question: since we all seem to agree on the principles and even the road map, what keeps us from faster progress? And how can our legislatures help?

Of late, many African countries have celebrated their golden jubilees. There has been much celebration, indeed, but also soul searching. There has been acknowledgment of progress and of disappointments.

However, as with all celebrations, there is the morning after. Where did we go wrong? Could we have charted a different path?

While we are all wiser in hindsight, there is no doubt we could have made better progress. And the new global environment dictates we do better.

As Africa enters this new era, we have only two options: a paradigm shift or a new period of muddling through, pleading some sort of African exceptionalism.

Our founders laid the basis: political liberation. They achieved much, including the epic struggle to rid Africa of the last vestiges of colonialism and apartheid. Like all pioneers, they often made mistakes — sometimes costly ones — that led to military dictatorships, one-party states and economic experimentation. In between, often economic meltdown, mayhem and even genocide.

There is much unfinished business politically: building peace, security and rule of law. However, most people would now agree the colossal struggle in Africa must be that of economic liberation through integration. There is also now near unanimity that this outcome is not possible with 54 balkanised states, economically speaking.

Nations develop through trade and investment. Of course some develop by exploiting other nations’ wealth and labour, and by imposing on other nations economic policies that they did not follow themselves at earlier stages of their development.

I am not saying Africa should also explore the second option. That would be absurd. What I want to suggest is different, an affirmation that many of the regions also grew by integration. By delaying economic integration in Africa, therefore, we are almost by default making it possible for others to continue exploiting our wealth and potential.

Former president Julius Nyerere of Tanzania, one of the founding fathers of the Organisation of African Unity, had this to say in Accra at Ghana’s 40th independence anniversary: "The confession is that we of the first-generation leaders of independent Africa have not pursued the objective of African unity with the vigour, commitment and sincerity that it deserved ...

"So this is my plea to the new generation of African leaders and African peoples: work for unity with the firm conviction that without unity, there is no future for Africa.

"My generation led Africa to political freedom. The current generation of leaders and peoples of Africa must pick up the flickering torch of African freedom, refuel it with their enthusiasm and determination, and carry forward Africa’s integration."

These are powerful words. The case he makes was valid yesterday and remains so today, more urgent than ever given recent developments in the global economy.

• Kaberuka, who holds a doctorate degree in economics from the University of Glasgow, is serving his second five-year term as president of the African Development Bank. He was the architect of Rwanda’s economic reforms and growth, having served there as finance minister from 1997 to 2005.

Source: Business Day

Tuesday, November 27, 2012

Behind Sunday's incident in KwaMashu - Mangosuthu Buthelezi

Dear friends and fellow South Africans,

Sunday's incident in KwaMashu, in which SAPA reporter Mr Giordano Stolley's car was torched, costing him a new laptop, two hard drives and family photographs, is not quite what the NFP would like to portray it as. I thank God that the reporters, Mr Stolley, Ms Bawinile Ngcobo and Ms Mpume Madlala, were unhurt. My sympathies are with them over this terrible incident.

What they experienced needs to be placed in context.

There will be a by-election in KwaMashu next Wednesday, to fill the seat left vacant by the murder of the IFP's Councillor in that ward, Mr Themba Xulu.

Last month, on a Friday night, Councillor Xulu was abducted in KwaMashu by five men posing as police officers. On Saturday, as his distraught family awaited news, IFP supporters gathered in KwaMashu to surround them with support. Fears were rife that Councillor Xulu's abduction was politically motivated and that he had fallen victim to thugs affiliated to the NFP.

The Minister of Police, Mr Nathi Mthetwa, visited KwaMashu that Saturday, calling for calm and reassuring the community of a police presence. As the Minister left, Ms Celiwe Shezi, still wearing her IFP T-shirt, was gunned down near the train station. An NFP KwaMashu Councillor - a member of the NFP's National Working Committee - was arrested for her murder.

The following morning, Councillor Xulu's body was found, riddled with bullets. IFP leaders again called for calm. That same day, the IFP's Mr Bongani Lushaba was murdered. Mr Lushaba was a father of eight children.

A week later, IFP supporters were gathered outside Ntuzuma Magistrate's Court, where the NFP men accused of killing Ms Celiwe Shezi were on trial. In full view of the police and the media, a leader of the NFP - a member of the NFP's peace delegation - took out a gun and shot dead an IFP supporter, Mr Siyabonga Dlamini. Mr Dlamini had been a witness to Councillor Themba Xulu's abduction.

For weeks, leaders of the IFP implored people to stay calm, not to retaliate or seek revenge, and to assist the police with investigations. Tensions simmered in KwaMashu, with fear, grief and righteous anger pervading the community.

Then, last Sunday, IFP Councillor Mthembeni Majola was attacked by three armed men while travelling with his son. Thank God, they survived the hail of bullets. The following day, the IFP's block chairperson in KwaMashu, Mr Sihle Menzi Biyela, was gunned down in cold blood.

As the IFP's eThekwini Caucus leader Mr Mdu Nkosi said, "We keep telling our members to calm down, but we continue to bury members."

There is no question that the violent attacks over the past two months were meant to intimidate the IFP's members and supporters in KwaMashu, through the clear message that neither the police nor the media can offer safety. No one can stop our assailants.

Under these volatile circumstances, just days after their block chairperson was murdered, IFP supporters in KwaMashu saw the NFP's leader, Mrs kaMagwaza-Msibi come rolling into town in a convoy of some 30 vehicles, ready to campaign for their votes in next week's by-election.

As Mr Giordano Stolley pointed out, her presence in KwaMashu was far from wise. Community members took up bottles and sticks and loudly expressed their desire for Mrs kaMagwaza-Msibi to leave. Shots were fired, but who fired those shots is unclear. It may have been the people wielding sticks and bottles, or it may have been the extensive entourage of the NFP leader's bodyguards.

Regardless of the facts, Mrs kaMagwaza-Msibi has jumped on her high horse accusing the IFP of creating a "no-go" area. Any thinking person's response would be that the NFP has created it themselves. Have your leaders kill a few people in a community, then see how welcome you are when you arrive to electioneer.

Mrs kaMagwaza-Msibi is milking this incident for all it is worth, and then some. Police have been unable to verify her allegation that a woman was killed, or that two other cars were torched.

I am amazed at her accusation that, "Now everyone can see the IFP for what it really is." What it really is, is the party she grew up in and led as National Chairperson for years and years, until she grew tired of waiting for the top position. What the IFP really is, is the party she did her utmost to divide and split, through lies, treachery and even a failed court bid.

The IFP's supporters in KwaMashu are a community of angry, fearful residents in a situation of immense and on-going tension. They have been attacked and murdered. They have been killed in front of the police. They have been living in fear for their lives for months on end.

The NFP created this powder keg and Mrs kaMagwaza-Msibi lit it.

I am not justifying the vandalism that took place on Sunday. I am pointing out that we are dealing with people who have been under duress for months. Outbursts like this cannot be unexpected.

Weeks ago, I asked Mrs kaMagwaza-Msibi to go to her people and call for an end to violence, just as I was calling for peace among IFP supporters. This was the groundwork that needed to be laid before our two parties could come together and seek a resolution to the tensions between us. Instead, she arrived to campaign for the NFP to take over where the IFP's leader lay dead.

The IFP does not believe in "no-go" areas. We operate within the rules of democracy and the electoral system. We will therefore ask again that our supporters in KwaMashu remain calm and refrain from acting on their distress. Our supporters know that the IFP is a party of non-violence.

But we also know, just as Mrs kaMagwaza-Msibi knows, that you can only push people so far. The leadership of the IFP will remain the fence holding in our people's emotions. I ask the leadership of the NFP .to stop being the dog that runs up and down outside the fence, inciting those emotions to burst.

I hope that Mr Giordano Stolley, Ms Bawinile Ngcobo and Ms Mpume Madlala will look deeper into what happened on Sunday and ask why KwaMashu really erupted.

Yours in the service of our nation,

Prince Mangosuthu Buthelezi MP

Issued by the IFP, November 27 2012

Source: Politicsweb

Monday, November 26, 2012

Congo Slips Into Chaos Again as Rebels Gain

GOMA, Democratic Republic of Congo — The lights are out in most of Goma. There is little water. The prison is an empty, garbage-strewn wasteland with its rusty front gate swinging wide open and a three-foot hole punched through the back wall, letting loose 1,200 killers, rapists, rogue soldiers and other criminals.

Now, rebel fighters are going house to house arresting people, many of whom have not been seen again by their families.

“You say the littlest thing and they disappear you,” said an unemployed man named Luke.

In the past week, the rebels have been unstoppable, steamrolling through one town after another, seizing this provincial capital, and eviscerating a dysfunctional Congolese Army whose drunken soldiers stumble around with rocket-propelled grenades and whose chief of staff was suspended for selling crates of ammunition to elephant poachers.

Riots are exploding across the country — in Bukavu, Butembo, Bunia, Kisangani and Kinshasa, the capital, a thousand miles away. Mobs are pouring into streets, burning down government buildings and demanding the ouster of Congo’s weak and widely despised president, Joseph Kabila.

Once again, chaos is courting Congo. And one pressing question is, why — after all the billions of dollars spent on peacekeepers, the recent legislation passed on Capitol Hill to cut the link between the illicit mineral trade and insurrection, and all the aid money and diplomatic capital — is this vast nation in the heart of Africa descending to where it was more than 10 years ago when foreign armies and marauding rebels carved it into fiefs?

“We haven’t really touched the root cause,” said Aloys Tegera, a director for the Pole Institute, a research institute in Goma.

He said Congo’s chronic instability is rooted in very local tensions over land, power and identity, especially along the Rwandan and Ugandan borders. “But no one wants to touch this because it’s too complicated,” he added.

The most realistic solution, said another Congo analyst, is not a formal peace process driven by diplomats but “a peace among all the dons, like Don Corleone imposed in New York.”

Congo’s problems have been festering for years, wounds that never quite scabbed over.

But last week there was new urgency after hundreds of rebel fighters, wearing rubber swamp boots and with belt-fed machine guns slung across their backs, marched into Goma, the capital of North Kivu Province and one of the country’s most important cities.

The rebels, called the M23, are a heavily armed paradox. On one hand, they are ruthless. Human rights groups have documented how they have slaughtered civilians, pulling confused villagers out of their huts in the middle of the night and shooting them in the head.

On the other hand, the M23 are able administrators — seemingly far better than the Congolese government, evidenced by a visit in recent days to their stronghold, Rutshuru, a small town about 45 miles from Goma.

In Rutshuru, there are none of those ubiquitous plastic bags twisted in the trees, like in so many other parts of Congo. The gravel roads have been swept clean and the government offices are spotless. Hand-painted signs read: “M23 Stop Corruption.” The rebels even have green thumbs, planting thousands of trees in recent months to fight soil erosion.

“We are not a rebellion,” said Benjamin Mbonimpa, an electrical engineer, a bush fighter and now a top rebel administrator. “We are a revolution.”

Their aims, he said, were to overthrow the government and set up a more equitable, decentralized political system. This is why the rebels have balked at negotiating with Mr. Kabila, though this weekend several rebels said that the pressure was increasing on them to compromise, especially coming from Western countries.

On Sunday, rebel forces and government troops were still squared off, just a few miles apart, down the road from Goma.

The M23 rebels are widely believed to be covertly supported by Rwanda, which has a long history of meddling in Congo, its neighbor blessed with gold, diamonds and other glittering mineral riches. The Rwandan government strenuously denies supplying weapons to the M23 or trying to annex eastern Congo. Rwanda has often denied any clandestine involvement in this country, only to have the denials later exposed as lies.

Many people in Goma don’t like the fact that the M23 is so closely linked to Rwanda, with Rwandan-speaking soldiers strutting around this city as if they own it — which they do right now. But the venom toward Joseph Kabila seems even greater.

The lights are now out in most of the city, the prison is empty, water is scarce and the rebels are going door to door arresting people.

“He treats us like street kids,” said Kalimbiro Kambere, a police officer who makes only $50 a month, despite 37 years in service. “No one wants to fight for him.”

Few countries in the world have been as disastrously ruled as Congo. Western interference has not helped — from the 1880s when King Leopold II of Belgium turned Congo into an enormous labor camp to produce as much rubber and ivory as possible, to the violence in the Goma area today, which may have been set into motion by a miscalculation on the part of Western ambassadors.

Last November, Mr. Kabila ran for re-election. He was widely unpopular, suspected of hoarding millions if not billions of dollars from mineral deals and leaving the bridges, roads, hospitals and schools a fiasco.

During the election, his agents were caught red-handed stuffing ballot boxes, and his soldiers gunned down opposition supporters who protested. But Western diplomats, though expressing unhappiness, did not press the case.

Several Congolese and Western rights advocates and analysts said that the diplomatic corps then urged Mr. Kabila to arrest Bosco Ntaganda, a Rwandan-speaking army general nicknamed the Terminator, who had been a commander in several brutal rebel groups and was wanted for years by the International Criminal Court on war crimes charges.

“Kabila miscalculated,” Mr. Tegera said. “And so did the West. They pressured him.”

In March, as Mr. Kabila began to move against Mr. Ntaganda and threatened to dislodge the Rwandan-speaking rebels who had been incorporated into the national army, they mutinied. They were far more powerful than the government expected, and United Nations officials said the rebels quickly drew reinforcements from Rwanda. They seized town after town, culminating in Goma, where power lines were cut in the fighting, casting it into darkness. At each battle, the government army unraveled.

The bodies of government soldiers now litter the roads around Goma, someone’s father or son rotting in the bush, eye sockets and mouth sizzling with flies. Villagers trudge past, looking away. For them, misery is a familiar face.

On Friday, Alfonse Kiburura stood in front of his twig and tarp hut in a camp for displaced people. The rains are falling hard now, every day. His family curls up on a floor of cold, wet mud.

This was the second time this year that the Kibururas have had to pick up everything they own, throw it over their heads and dash down the road away from the combat. Mr. Kiburura said that as soon as his 5-year-old son, Destin, heard gunfire, the boy knew what to do.

“This isn’t the first time he’s heard gunshots,” he said. “He’s heard them many times before.”

Source: New York Times

Sunday, November 25, 2012

ANC KZN backs Jacob Zuma for ANC Presidency

ANC KZN NOMINATION CONFERENCE STATEMENT

25 November 2012

The African National Congress (ANC) in KwaZulu-Natal on Sunday concluded its successful two-day conference which was characterized by frankness, robustness and a comradely spirit that made all sessions to be enjoyable and enlightening.

The conference was convened to consolidate KwaZulu-Natal's policy positions and to combine the province's nominations for preferred leadership to be elected in the National Conference of the ANC to be held in Mangaung in December 2012.

The ANC in KwaZulu-Natal is happy that the conference was characterized by very productive debates on policy issues. Debates spanned from various and diverse views and individual expressions, scientific theory of our revolution to the experience gained through our daily involvement in our community struggles and serving within state institutions and platforms of service delivery.

Our province is once again leading the way by forsaking the foreign tendencies of coming to conferences for the sole purpose of voting for positions. The conference made history by dedicating more focus on policy matters in order to shape the transformation agenda and usher in a better life for all our people.

The ANC in KwaZulu-Natal strongly believes that the difference in the paths and direction the ANC will take post Mangaung depends on the thoroughness of the discussions and preparations to resolve issues that plague our country not on the face of the leadership cadres elected.

"Today (Sunday) we are concluding what has been a very democratic process. Our branches nominated their preferred candidates freely. The fact that more than one name per position were nominated was a clear indication ANC is a democratic organization," said ANC provincial Secretary, Sihle Zikalala.

After a very vigorous nomination process, ANC branches in KwaZulu-Natal nominated the following cadres:

President: Cde President Cde Jacob Zuma [unanimous]

Deputy President: Cde Cyril Ramaphosa [841 votes]

National Chairperson: Cde Baleka Mbethe [863 votes]

Secretary General: Cde Gwede Mantashe, [unanimous]

Deputy Secretary General: Cde Jessie Duarte [834 votes]

Treasure General: Cde Zweli Mkhize. [833 votes]

The conference emphasized the importance of discipline, unity and political maturity to ensure that the ANC will remain united after the Mangaung conference.

Statement issued by the ANC KwaZulu-Natal provincial secretary Sihle Zikalala November 26 2012

Source: Politicsweb