SA on a 'tipping point'?

Sociologist Malcolm Gladwell coined the phrase "The Tipping Point", in his attempt to explain how a body which exists for so long in a seemingly stable environment can rapidly and without warning change into an unrecognisable state of existence.

Gladwell argues that in such a case of sudden and accelerated change the body was in fact not stable, but rather balancing on a "tipping point" awaiting the slightest alteration in its environment to tip it over to where the momentum for change becomes unstoppable. Gladwell's theory sounds like advanced physics, I know, but in practical terms it explains how a democratic country can be seemingly stable one day and in tatters the next. The fact is, despite appearance, it was never truly stable, it was merely waiting for some change in environment to expose its' instability. This leads me to the point of my article: Is South Africa stable or merely balancing on a Tipping Point?

Consider the following:

# Our presumed future president, Jacob Zuma, was once tried for rape and might just make history by becoming the first man to be elected president whilst under criminal investigation (for his role in the Arms Corruption Scandal). Nice credentials for a future president!

# Our current President, Kgalema Motlanthe, is being sued for trashing a house he once rented.

# Our National Police Commissioner, Jackie Selebi, is in the process of being charged for fraud and corruption.

# Our Top Prosecutor, Vusi Pikoli, who issued the arrest warrant for Jacki Selebi was in turn suspended by former president Thabo Mbeki.

# Our minister of intelligence's wife is being linked to an international drug trafficking syndicate as one of the "mules" she financed was arrested in Brazil.

# One of our Supreme Court Judges, Nkola Motata, is under investigation for crashing his car into someone's backyard whilst under the influence.

# The then Ekhuruleni Chief of Police, Robert McBride, is also under investigation for crashing his car into someone's backyard whilst under the influence. Maybe he and Motata can share lawyers?

# The then Chief Whip for the ANC, Toni Yengeni, was sentenced to four years in jail for defrauding parliament but then got an ANC presidential pardon after six months.

# The Scorpions Forensic Criminal Unit which was tasked with identifying and booking corrupt officials (such as those mentioned above) was disbanded last year by our ruling government and the head of the unit, Gerrie Nel, arrested for corruption by none other than Jackie Selebi.

If this indicates the ethics amongst our senior government officials, we could be right in assuming it multiplies at every other level below which basically implies the entire government which runs our country is as corrupt as the holes found in Swiss cheese. So maybe our country is not as stable as we had hoped. Maybe, just maybe, we are in fact sitting on that proverbial Tipping Point and the change that will send us spiralling off into the abyss is the April elections whereby Jacob Zuma gets elected president.

I think we have to acknowledge the possibility that Zuma's appointment may very well start a chain reaction of small but inevitable changes in our county's stability which in turn spiral and gain momentum to the point whereby a decade later South Africa issues its first R1bn bank note. Sounds dramatic I know, but is it unrealistic? I guess only time will tell.

In turnaround, U.S. signs U.N. gay rights document

State Department spokesman Robert Wood said the Obama administration, which took office eight weeks ago, would now join 66 other U.N. member states who supported a U.N. statement in December that condemned human rights violations based on sexual orientation and gender identity. "The United States is an outspoken defender of human rights and critic of human rights abuses around the world," Wood told reporters. "As such, we join with other supporters of this statement, and we will continue to remind countries of the importance of respecting the human rights of all people in all appropriate international fora."

Gay rights groups immediately welcomed the move. "The administration's leadership on this issue will be a powerful rebuke of an earlier Bush administration position that sought to deny the universal application of human rights protections to lesbian, gay, bisexual and transgender individuals," said Mark Bromley, who chairs the Council for Global Equality.

The U.N. General Assembly had been split over the issue of gay rights, with many Muslim countries refusing to sign on to the statement because of opposition to international attempts to legalize homosexuality. A rival statement read out by Syria at the time gathered about 60 signatures from the 192-nation assembly.

The United States was the only western state not to sign on to the gay rights document. All European Union member states endorsed it, as did Canada, Australia and Japan. In a move that angered U.S. gay rights groups, the Bush administration argued that the broad framing of the language in the statement created conflict with U.S. laws. The rationale was that favoring gay rights in a U.N. document might be interpreted as an attempt by the U.S. federal government to override individual states' rights on issues like gay marriage. Pressed on this issue, Wood said a "careful" interagency review by the Obama administration found that signing on to the U.N. document "commits us to no legal obligations."

Division in the General Assembly over the U.N. declaration reflects conflicting laws worldwide on the issue. According to the sponsors of the Franco-Dutch text of the document, homosexuality is illegal in 77 countries, seven of which punish it by death.

At a townhall meeting in Brussels earlier this month, U.S. Secretary of State Hillary Clinton was pressed on her views on gay rights. "Human rights is and always will be one of the pillars of our foreign policy," she said. "In particular, persecution and discrimination against gays and lesbians is something we take very seriously."

Source: Reuters

Access to Justice and Promotion of Constitutional Rights Programme

The Access to Justice and Promotion of Constitutional Rights Programme, which will kick-off next month, will be used as a key mechanism to improve access to justice for all, particularly the marginalised, writes Proffesor Ndawonde.

The Access to Justice and Promotion of Constitutional Rights Programme has been developed by the Department of Justice and Constitutional Development and European Union.

It aims to contribute to the strengthening of democracy by improving access to justice and promoting constitutional rights for the most vulnerable in partnership with civil organisations.

The programme, launched in Pretoria last week, targets women and children, poor rural and urban communities, people living with HIV and AIDS, child-headed households and people affected by human rights violations, persons with disabilities, youth and children in prison and refugees.

Given the low level of literacy in the country and a certain degree of apathy among citizens when it comes to human rights, it was necessary to embark on a program to educate everyone in South African about the Constitution.

Director General in the Department of Justice and Constitutional Development Menzi Simelane, speaking at the launch of the programme, explained it would give the poor a voice as well as create a society that not only knows its rights but knows how to protect them and access them.

Source: Department of Justice and Constitutional Development

Madagascar's president quits

Madagascar President Marc Ravalomanana resigned on Tuesday, diplomats said, bowing to the inevitable after the army blasted its way into his offices and let the opposition leader take control.

Source: Mail & Guardian

Dandala: Haul Mugabe before ICC

Zimbabwean President Robert Mugabe should be hauled before the International Criminal Court (ICC) to explain the "tragic situation" in his country, the Congress of the People (Cope) presidential candidate Mvume Dandala said on Tuesday.

Source: Mail & Guardian

ANC welcomes Derby-Lewis ruling

CAPE TOWN - The ANC on Tuesday joined the family of slain SA Communist Party leader Chris Hani in welcoming a high court ruling dismissing Clive Derby-Lewis’ bid for parole.

Source: The Citizen

Great Power divisions persist following G20 summit

A summit of G20 finance ministers and central bankers failed to reach any concrete agreement for measures to deal with the growing international finance crisis.

The meeting held in Horsham, southern England last Friday and Saturday brought together the finance ministers and central bankers of the world's leading economies responsible for 85 percent of world economic output. The aim of the meeting was to prepare an agenda for the G20 summit of country leaders planned for April 2 in London.

The communiqué issued by the finance ministers and central bank governors was upbeat, stating, "We have taken decisive, coordinated and comprehensive action to boost demand and jobs, and are prepared to take whatever action is necessary until growth is restored. We commit to fight all forms of protectionism and maintain open trade and investment." A closer perusal of the communiqué reveals that the assembled finance heads and bankers had been unable to agree on any of the main issues.

The failure of the leading capitalist nations to arrive at any binding agreement demonstrates that divisions between the major powers—particularly the US, Europe and China—are hardening fast. It is already clear from the proceedings at the weekend that nothing remains of the "Global New Deal" proposed by Brown to Obama in Washington earlier this month.

The implications of these divisions are far-reaching. In a comment on the growing drift between America and Germany, this week's Der Spiegel declares, "The German-American brawl evokes bad memories for economists. America and the European states were also incapable of agreeing on a joint strategy in the world economic crisis in the 1930's. The result was a worldwide trade war which only accelerated the economic collapse into the Depression. That cannot be allowed to happen again—that was what the industrial nations assured at their first summit last November in Washington. Now, however, the rifts are growing between the US and continental Europe."

Der Spiegel neglects to point out in its drawing of parallels with the 1930's that the resolution of the economic conflict between Germany and its rivals, including the United States, culminated in the Second World War.

Source: World Socialist Web Site

ACRI Forces Police to Publish East Jerusalem Procedures

Following ACRI’s submission of a freedom of information petition to the Jerusalem Administrative Court, the Court ordered the publication of procedures regulating the treatment of people residing illegally in Israel and searches of vehicles at checkpoints between Israel and the West Bank. Initially, the Police maintained that such procedures were privileged and that revealing them to the public would prevent the police from fulfilling its duties and would even threaten the security of the State and the public. However, prior to the hearing, the police decided to withdraw this claim insofar as it related to illegal residents and provided full information on all the relevant regulations. During a hearing at the Court on March 8, the Police insisted that the publication of the rest of the procedures requested (relating to vehicles searches) would compromise the security of the State. With respect to procedures for searching vehicles in the presence of one side only, Judge Musia Arad examined the regulations and decided to supply ACRI with a summary of procedures relevant within the framework of our petition.

Source: Association for Civil Rights in Israel

Foreclosure Rescue Scams

As soon as a lender raises the red flag, scammers descend.

While the schemes vary in their mechanics, all follow a similar pattern. An individual or group, in the guise of helping a homeowner avoid losing his or her house, persuades the owner to transfer the title to the rescuer or another designated buyer.

The unscrupulous individuals or groups approach homeowners facing foreclosure and promise to help them save their homes. In many instances, they convince the troubled homeowner (who is desperate to save their homes) to transfer the deed over to them with the promise that the investor will make the mortgage payments going forward, and the previous owner can rent while they try to rebuild their savings and repair their credit.

Once the supposed “angel investor” gets the deed to the house, they boot the former owner out—and sell the property for what’s often a hefty profit.

Source: Businessweek

The arms dealer who flies Zuma

Ivor Ichikowitz, the arms and oil broker who laid on his company jet to ferry Nelson Mandela to a Jacob Zuma election rally in Transkei, has made a career from turning political connections into profit. Last December Ichikowitz flew Zuma in the luxuriously converted Boeing 727 to Lebanon and Kazakhstan for what the Mail & Guardian understands were African National Congress (ANC) fundraising and business meetings.

Ichikowitz confirmed he provided that flight gratis, but said he went along to test recent upgrades to the jet and did not attend the meetings. At its commercial charter rate, $14 000 an hour, a return trip to Kazakhstan would have cost upwards of R5-million.

An M&G probe of Ichikowitz’s relations with the ANC and prominent Zuma backers indicates a man who has made it his business to get close to key power-brokers.

They include:

* Mathews Phosa, who shared a number of company directorships with Ichikowitz before his elevation to ANC treasurer;

* Moeletsi Mbeki, brother of the former president, who opened doors for Ichikowitz into Africa;

* Sandi Majali, former Thabo Mbeki acolyte and business frontman for the ANC and Kgalema Motlanthe in ill-fated oil trades with Saddam Hussein;

* Robert Gumede, owner of IT company GijimaAST and a prominent Zuma backer;

* Pik Botha, former National Party politician and long-time friend of the Ichikowitz family, who provided an entrée to African leaders including former Nigerian president Olusegun Obasanjo.

Ichikowitz (42) made a fortune selling surplus South African armoured vehicles into Africa and the Middle East, and seems to have manoeuvred his way into Zuma’s inner circle. He was prominent among public donors to the ANC at a Zuma fundraiser organised by Gumede in October last year, pledging R6-million.

He told the M&G the business community should "transparently and voluntarily provide both the financial and skills resources political parties need to participate in the democratic process".

He denies direct or indirect business dealings with any political party. But his best-known entanglement with ANC funding occurred via his association with Majali and his Imvume group.

Ichikowitz, who also represents controversial commodities trader Glencore, partnered Majali in his 2001 bid to supply Iraqi crude to South Africa under the controversial oil-for-food programme allowing limited trade with Saddam’s Iraq.

In 2005 the M&G revealed Majali, with official ANC backing, intended setting up an oil trading operation intended to benefit the ANC and Saddam’s Ba’ath party.

Ichikowitz was also Majali’s partner in a contract to supply PetroSA condensate for its Mossel Bay refinery. The M&G exposed how Majali diverted R11-million of state oil money to the ANC before the 2004 election, but Oilgate also strained relations between the partners as Majali's actions created a cash-flow crisis for Ichikowitz's company. Ichikowitz told the M&G he was unaware of the link between Majali's company and the ANC and is no longer in business with Majali.

Moeletsi Mbeki, a key strategist for the Congress of the People, now appears to distance himself from close association with Ichikowitz. He said they were now in only one business together, a cattle feedlot enterprise.

Company records show a number of past African joint ventures, including the agency for Mahindra vehicle sales in South Africa. Ichikowitz said they had been friends "for many years" and went into business together about six years ago. He said he had been friends with Gumede since about 1989 "and [we] worked together in our family business before he started his own businesses". "We have no active business together and remain family friends."

Phosa once served on the boards of several companies with Ichikowitz, notably Vuka Fleet Management and Vuka Municipal Services, joint ventures between Phosa’s Vuka group and TFM, the truck body manufacturer hived off from the armoured vehicle company now owned by BAE-Systems.

Ichikowitz said Phosa had been "a family friend since his return from exile in the 1990s ... I have no interest in Mathews's businesses, nor he in mine." Ichikowitz may have slipped easily from the Mbeki era into the post-Polokwane ANC, but he has also taken advantage of family political connections stretching back to apartheid.

A source close to the family said former apartheid foreign minister Pik Botha was introduced to the Ichikowitzes by the late John Pearce, then the Johannesburg council’s security head. Pearce, embedded in the apartheid security establishment, was fired in 1991 following revelations about military intelligence dirty-tricks operations.

Botha, whom Ichikowitz describes as "a long-standing friend", has been an informal adviser to Ichikowitz and was also said to have promoted Ichikowitz’s other main business: selling reconditioned surplus South African military equipment into Africa and the Middle East. Here too, Ichikowitz appears to have benefited from his ANC associations, with a defence department investigation into his trading activities suppressed before it could produce results.

Source: Mail & Guardian

Scorpions vacancy rate grows

Cape Town - The soon-to-be defunct Scorpions had a staff vacancy rate of 43% in their top ranks last month, Justice Minister Enver Surty said in response to a written question in Parliament on Friday.

Under controversial legislation signed by President Kgalema Motlanthe earlier this year, the Scorpions will to be disbanded and assimilated into a new team fighting high-level crime - the Directorate for Priority Crime Investigation.

It is meant to take over the full caseload of the Scorpions but will report not to the NPA but to the police.

Surty said Motlanthe still had to proclaim a date when the DSO would cease to function and what remained of it would become part of the new unit.

Source: SAPA

South Africa: Rural Poor Bear The Brunt of Dysfunctional Land Reform

One major blight on the last three terms of the ANC-led government is service provision to the rural poor, and in particular the provision of land and the requisite agricultural support. In general, the ANC government’s relationship with rural South Africa has been rather nebulous, and the land question has made this even more starkly so.

For the vast majority of the country’s rural households, land is no longer the primary lifeline, as it was the case before colonial, and subsequently, apartheid land dispossession. Neither is subsistence farming, nor agriculture. With the increasing dependence on social grants these traditional modes of survival are wilting away, along with the once cherished ideals of hard work and self-determination.

The previous ANC leadership fixated on being careful not to frighten investors and other big players by any radical government intervention in the land market, and the corollary has been inadequate public investment in the rural economy, and consequently poor access to agricultural land, finance and infrastructure.

As the country approaches the fourth national democratic elections, the marginalisation of rural South Africa is emerging as a key campaign issue, with the new ANC leadership going as far as labelling it government’s single greatest failure. While the causes of this failure are varied and complex, they are not unrelated to certain deficiencies in government’s land administration practices.

Then there is the question of unscrupulous landowners who have seized the land restitution process as an opportunity to grow fat profits from grossly inflated land prices. Land officials themselves have been suspected of conniving with these landowners, in return for a share of the spoils. And to some extent the Land Affairs department has been complicit in these shady acts, namely by failing to verify whether the sellers are in fact owners of the properties sold to government. The purchase of food-producing land for golf courses and game farms has also emerged as a major issue.

Source: Institute for Security Studies

SAA sacks suspended chief executive Ngqula

The board of South African Airways (SAA) has fired suspended chief executive Khaya Ngqula, it said in a statement on Tuesday. "Jakes Gerwel, chairperson of the board of SAA, has today announced that by agreement Dr Khaya Ngqula's employment with SAA has terminated," the statement said. It was agreed between the parties that the terms of the settlement would remain confidential but any payments would be reflected in the annual report in accordance with normal disclosure obligations, the statement said. Chris Smyth would continue to act as chief executive of SAA while a search was undertaken for a permanent chief executive of the airline, SAA's board said.

Last month the Sunday Times published reports that Servair, a consortium co-owned by Vusi Sithole, a business partner of Ngqula and his wife, Mbali Gasi, was the preferred bidder to supply about 180 000 weekly in-flight meals on SAA's domestic routes. The paper said the government was investigating Ngqula and the airline for "serious allegations" following the airline's preference of French company Servair as their catering company. SAA spokesperson Robyn Chalmers told Sapa at the time that the R3,5-billion SAA catering deal had not been finalised. "In terms of the Airchefs tender, the Servair consortium has been recommended as preferred bidder following a competitive bidding process. It is important to note that the contract has not been finalised," she said.

The Sunday Times reported that Sithole denied that his association with Gasa had landed his consortium the contract. "The tendering process was open and it has taken us and our French partners two years to secure this deal," he told the paper. The Sunday Times reported that Sithole sponsored the inaugural Africa Open Golf Challenge, the rights to which belong to Ngqula's wife, to the tune of R1,2-million. Gasa is also a director of one of Sithole's companies, Netlife Golf Consortium. Asked if Ngqula had declared his interests to SAA and if the company was made aware of Gasa's involvement with Servair bosses, Chalmers said: "Because of South Africa's relatively small business environment, and the fact that there may on occasion be indirect links between some businesspeople, it is critical to ensure that tender processes are competitive and vigorous, and that business interests are declared."

Source: Mail & Guardian

Omar Hassan al-Bashir

On June 30, 1989, Lieut. Gen. Omar Hassan al-Bashir, a military leader in Sudan, seized power in a bloodless coup backed by Islamists. He assumed the presidency in 1993.

He has been accused of genocide by the prosecutor of the International Criminal Court and has been vilified throughout the world as an incorrigible mass murderer bent on slaughtering his own people in the conflict-riddled region of Darfur.

He has stayed in power, appealing to national pride and causing deep-seated fears that the nation could tumble into Somalia-like chaos if he were removed.

In February 2009, judges at the International Criminal Court approved a warrant for his arrest. According to court lawyers and diplomats, the judges rejected diplomatic requests to allow more time for peace negotiations in Darfur.

The criminal court judges took more than seven months to examine the evidence on Mr. Bashir before charging him, on March 4, 2009, with five counts of crimes against humanity, including murder, extermination, forcible transfer, torture and rape. The two counts of war crimes were for attacks against a civilian population and for pillaging. In their statement, the judges said the court did not recognize immunity for a head of state and called for the cooperation of all countries - not just the 108 nations that are members of the court - to bring Mr. Bashir to justice.

The question of whether genocide was being committed in Darfur has been divisive, and was so among the judges, who said 2-to-1 that the prosecutor had not provided sufficient evidence of the government's intent, the key issue in determining genocide. The Bush administration and other governments, as well as some human rights activists, have called the attacks on civilians government's actions genocide. The United Nations has stopped short of doing so.

It is the first time the court has sought to detain a sitting head of state, and it could further complicate the tense, international debate over how to solve the Darfur crisis.

In announcing his request for a warrant, the prosecutor in the case, Luis Moreno-Ocampo, said that Mr. Bashir had "masterminded and implemented" a plan to destroy three main ethnic groups in Darfur, the Fur, the Masalit and the Zaghawa. The prosecutor said that the president, responding to attacks by rebel groups seeking greater autonomy, had used government soldiers and Arab militias and had "purposefully targeted civilians" belonging to these groups, killing 35,000 people "outright" in attacks on towns and villages.

Although there has been sporadic fighting in Darfur for decades, the conflict significantly intensified in 2003, when the rebel groups attacked Sudanese forces. The Arab-led government responded with a ferocious counterinsurgency campaign, which the prosecutor called a genocidal strategy against Darfur's black African ethnic groups.

The Sudanese forces and government-sponsored militias swept the countryside. They burned down villages, raped countless women and drove hundreds of thousands of people off their land, all part of an effort to put down the rebellion. Mr. Moreno-Ocampo has accused Mr. Bashir of being the mastermind of this strategy, the one with "absolute control."

There is broad concern that removing Mr. Bashir from power could threaten a landmark peace treaty between the Sudanese government and other rebels in the southern part of the country. The treaty was signed in 2005 to end a civil war in which 2.2 million people died, far more than in Darfur.

Source: New York Times

Democratisation and Human Rights

President Dmitry Medvedev believes that the results of the first conference of the Council of Europe (CE) in Moscow on social stability will help prepare efficient decisions of the G-20 summit in London.

Russian Deputy Prime Minister Alexander Zhukov read out on Thursday Medvedev’s greetings to participants and guests of the conference at its opening. The president’s message says as follows: “I greet participants and guests of the first Conference of Ministers of the Council of Europe members states, responsible for social cohesion.

Russia traditionally pays great attention to education, public health, pension maintenance and other social programmes.

Source: ITAR-TASS World Service

Sierra Leone RUF rebels sentenced

An international tribunal has jailed three former Sierra Leone rebel leaders for a total of nearly 120 years. All three were senior leaders in the Revolutionary United Front (RUF) and were convicted of overseeing atrocities during Sierra Leone's civil war.

Issa Sesay was sentenced to 52 years, Morris Kallon to 40 years and Augustine Gbao to 25 years. They were found guilty in February of war crimes and crimes against humanity committed in the 1991-2001 conflict. "The chamber concluded that the inherent gravity of the criminal acts for which Sesay, Kallon and Gbao have been convicted is exceptionally high," the judges said. Tactics favoured by the rebels included amputating hands and arms or carving the initials RUF into the bodies of their victims. It is the last case to be held in the capital, Freetown, at the UN-backed Special Court for Sierra Leone.

The RUF trial began in mid-2004 and the court heard about the rebel commanders' role in the conflict. "The crimes were committed on a massive scale... Sierra Leoneans were raped, enslaved, hacked to death and brutalised," the AFP news agency quotes presiding judge Pierre Boutet as saying. "The impact of the crimes on the Sierra Leonean society has been enormous," he added. The RUF was notorious for using the so-called Small Boys Units - child soldiers forcibly recruited and issued with AK-47 assault rifles - who had a reputation for particular cruelty among the civilian population. "Children were deprived of normal education and some of them had the letters of the RUF branded on them as if they were the organisation's property," Mr Boutet said. By the time the conflict ended, tens of thousands of people had been killed while tens of thousands were left mutilated, their arms, legs, noses or ears cut off.

Thirteen people were originally indicted by the tribunal, but RUF rebel leader Foday Sankoh and his deputy commander Sam Bockarie died before coming to trial. When the RUF leaders were found guilty in February, the judges concluded they "significantly contributed" to a joint criminal enterprise with former Liberian President Charles Taylor to control the diamond fields of Sierra Leone to finance their warfare. Mr Taylor faces 11 counts of war crimes and crimes against humanity related to his role in the conflict. His trial has been moved to The Hague for security reasons.

Earlier this week, his lawyers called for the dismissal of the charges saying the prosecution had not presented sufficient evidence of his link with the abuses.

Source: BBC

Coal mine threat to world heritage site

Prized world heritage site Mapungubwe, where the famous gold rhino statuette was unearthed, could soon have the scar of an open-cast coal mine on its doorstep. The Vele Colliery project has sparked a row between the department of minerals and energy, which is driving it with single-minded determination, and the department of environmental affairs.

Mapungubwe is a protected site that forms part of the broader Limpopo Shashe transfrontier conservation area. Management of the park is also worried about the mine. Answering a DA question on ­Friday, Environment Minister Marthinus van Schalkwyk told Parliament that, with the information available to him, he could not support the awarding of mining rights. The project would have "detrimental environmental considerations" and "could further impact negatively on the 'sense of place' and tourism potential" of Mapungubwe, the Mapungubwe National Park and Greater Limpopo Shashe conservation area.

Vele Colliery is an initiative of Australian-owned Coal of Africa, which has signed a letter of intent to supply up to five million tons of coal annually from Vele and its sister project Makhado to steel giant Arcelor Mittal. The company wants to start operations at the end of this year, but the minerals department must first give the go-ahead, including an environmental green light. So far only a scoping report, which outlines the potential impact of the mine to be investigated, has been released. A full environmental impact assessment has to be conducted still.

Planned legislation will shift the responsibility for the environmental assessment of mining projects from minerals and energy to the environmental affairs department. The law, however, is still in its infancy. Van Schalkwyk told Parliament that he had communicated his concerns about the mine to the Minerals and Energy Department. Apart from aesthetic and pollution considerations, he was worried about its possible impact on floodplains and wetlands. He said his department "became aware of the proposed Vele Colliery at a very late stage in the process, when the Peace Parks Foundation brought it to our attention".

DA environment spokesperson Gareth Morgan said the expected opening of the mine at the end of the year implied that the scoping report "is merely a cynical attempt to ensure procedural compliance". Morgan called on Minerals and Energy Minister Buyelwa Sonjica to reject applications by companies wanting to mine in, or adjacent to, sensitive environmental areas.

Source: Mail & Guardian

Dandala: It is my duty to help our nation

The Congress of the People (Cope) formally introduced its presidential candidate, Dr Mvume Dandala, to the media at Emperors Palace in Ekurhuleni on Monday.

Source: Mail & Guardian

Julius Malema is not a true leader

"Julius Malema is no true leader. He is only a dangerous rabble rouser and spreader of hate. This is the easiest type of politics. To bad-mouth opponents and call them cockroaches and snakes, anyone can do. In the short term one is popular but in the longer run your followers realize that you are not making any real contribution to solutions", Dr. Pieter Mulder, FF Plus leader said in reaction to the attacks of Malema on opposition parties.

The most difficult is to, with wisdom, give leadership to your followers. It may make you unpopular in the short term, but in the longer term you are proven to be correct and you rise as a true leader. This is the kind of leadership which Nelson Mandela had illustrated. Malema believes that ANC leaders have a history of controversy and tries to copy it on an amateurish level. As examples he however does not take Nelson Mandela, but Peter Mokaba with his "Kill the Boer" slogan and Winnie Madikizela-Mandela who wanted to free everyone with matches. Just like his role models, only the best is good enough for Malema. In the midst of his follower's poverty, he drives around with a Mercedes Benz E-class and lives in the rich man's area of Sandton.

South Africa can not afford to get stuck with this kind of leader and politics. A million Tutsi's were murdered in 1994 in genocide in Rwanda. That was preceded by hate speech in which Tutsi's were described as cockroaches which had to be eradicated.

If discipline disappears out of schools and society, then an individual such as Julius Malema becomes a youth leader. As youth leader he was elected at an ANC youth conference where poor behavior, alcohol abuse, indecent exposure and damage to property were the characteristics of the conference. In a disciplined society such as Japan or China, such a conference would have concentrated on the future of the country and Malema's kind of rhetoric would not even have been seen.

In order to prevent Malema from ever becoming president of this country, the ANC has to end in the opposition seats. No opposition party can succeed with this on its own. A coalition of opposition parties can succeed with this. That is why every voter has to go and vote for the party closest to its values. After the election, truly responsible leaders work together to accomplish this.

Source: Polity

Can You Stomach Investing In China?

Over the past several decades China has seen many significant improvements in its national health and quality of life, surely the result of the massive amounts of capital infused into the country since its initial embrace of controlled capitalism.

According to the World Health Organization, by 2005 the average life expectancy in the Middle Kingdom was just over 70 years old, whereas in 1952 it was closer to 30. The story among China's children is even more heartening. According to UNICEF, infant mortality rates had fallen from 1990 to 2000 from 65 to 31 infants per 1,000. These are just some of the positive signs of affluence China has experienced.

But serious problems remain. The Worldwatch Institute notes that industrial pollution accidents have played a major role in poisoning China's water supply, with 20% of it falling beneath national standards. While industrialization has brought obvious improvements in health, human rights violations remain the norm.

On Feb. 9 Human Rights Watch illustrated a lengthy list of atrocities it urges the United Nations to confront China about, including: forced confessions and torture in the justice system, child labor including in state schools and persecution of religious dissidents

Source: Forbes.com

Senior National Prosecuting Authority (NPA) staff could be charged

The National Prosecuting Authority (NPA) has been aware for some time that Commissioner Mdluli from South African Police Service (SAPS) has been conducting an investigation in a matter involving some of its senior management.

However, the NPA is extremely concerned to learn from papers filed in a labour dispute that members of its senior management, including the acting head of the NPA Advocate Mokotedi Mpshe, are regarded as suspects in this matter.

There has been a considerable communication and meetings between Advocate Mpshe and Commissioner Mdluli in this regard, and no indication has been given to him that he is a suspect.

The acting head of the National Prosecutions Service, Advocate Sibongile Mzinyathi, has co-operated with SAPS. He has also not been informed that he is a suspect, nor was he warned as a suspect as required by law when he was interviewed about the matter.

An added concern is that an intercepted telephonic conversation of Advocate Leonard McCarthy, former head of the Directorate of Special Operation (DSO), appears to be the basis for this investigation. As far as the NPA is aware, it is a criminal offence to make a legal interception public as has been done in the labour dispute. It has also not been made clear to those interviewed whether this interception was made in terms of the law.

While the NPA is willing to co-operate in any investigation, it is very concerned about whether this matter is being handled in good faith and will seek to raise its concerns as soon as possible with the Minister of Safety and Security, Mr Nathi Mthethwa, and the acting National Police Commissioner Tim Williams.

The NPA regards the SAPS as a partner in the fight against crime, and respect its mandate to prevent and investigate crime. We trust that the existing inter-agency co-operation will assist in order to have our concerns addressed.

Enquiries:
Tlali Tlali
National Prosecuting Authority Spokesperson
Cell: 082 333 3880

Issued by: National Prosecuting Authority
16 February 2009

Commission approves Vodafone-Vodacom merger

The Competition Commission has recommended the approval of the proposed large merger between Vodafone and Vodacom, it said on Monday. It has referred the transaction to the Competition Tribunal for approval. Currently, Vodacom is jointly owned by Telkom South Africa, which holds a 50% stake in Vodacom, and Vodafone, which also holds 50%. In terms of the proposed transaction, Vodafone will acquire a further 15% of the issued share capital in Vodacom from Telkom.

Vodacom will be listed on the JSE and Telkom will unbundle its remaining 35% shares in Vodacom to its own shareholders. On completion of the proposed transaction, Vodafone will hold 65% of the issued share capital of Vodacom. The remaining shares of Vodacom will be publicly held. Vodafone will exercise sole control over Vodacom post-merger, the commission said.

During its investigation of the proposed merger the commission established that Vodafone did not compete with Vodacom in any of the product markets in South Africa. "The commission is also of the view that the vertical integration between the parties is unlikely to result in any substantial prevention or lessening of competition," the commission said.

The commission contacted the merging parties' competitors and customers to solicit their views regarding the proposed transaction. No significant competition concerns were raised by either the customers or competitors of the merging parties. The commission's investigation revealed that there were "other credible players in the relevant markets in which the merging parties were involved".

The commission also concluded that there were "no significant public interest issues that warranted a prohibition or conditional approval of the transaction". The tribunal will hold public hearings into the matter on February 25 at 10am.

Source: Mail & Guardian -- Sapa

Guangdong GDP set to grow 8.5%

Guangdong province, the country's top economic powerhouse, is forecasting 8.5 percent GDP growth this year, a draft government report said yesterday.

The report is yet to be discussed by delegates to the provincial people's congress, which opens today in the provincial capital of Guangzhou. Growth will be less than last year's 10.1 percent, sources close to the provincial people's congress said. GDP of the province was about 3.57 trillion yuan ($522 billion) last year, down 4.6 percent on 2007.

"As the largest province in terms of GDP, Guangdong will face a tough time in 2009 as it has been greatly affected by the global financial crisis," Governor Huang Huahua said at a government work meeting in December 2008.

Source: China View

Govt admits passport problems

Government on Tuesday admitted that there were "some problems" with its passport authorisation systems that had led to the United Kingdom imposing a visa requirement on South Africans travelling to that country.

"We as a country, and I think the department of home affairs, will be the first to admit that there has been some problems in our identity card authorisation system," foreign affairs director-general Ayanda Ntsaluba told a media briefing in Cape Town.

The UK on Monday announced all South African visitors would require a visa, citing a need to "strengthen its borders" as the reason for the move, set to affect about 420 000 travellers.

"Abuse of the South African passport remains a serious concern," the British High Commission in Pretoria said in a statement on Monday afternoon.

Source: News 24.com

Linda Mti's Bosasa bonanza

Controversial facilities management group Bosasa lavished flights and luxury hotel stays on former prisons boss Linda Mti -- while it landed prisons contracts worth more than R1-billion. The mutually beneficial relationship between Bosasa and Mti, now head of security for the 2010 Local Organising Committee, is laid bare by travel records in the Mail & Guardian’s possession.

They show that Bosasa:

* Sponsored the domestic air fare of Mti and his family members on at least five occasions;
* Paid for Mti’s stay at the luxury Hemingways hotel in East London on at least two occasions; and
* Rented premium cars for Mti when he visited East London at least twice.

Mti received these benefits while prisons commissioner. During the last two years of his tenure the group won contracts from the correctional services department worth more than R1-billion. Mti failed to respond to numerous queries, while Bosasa’s lawyer advised the company not to answer the M&G’s questions.

Mti left correctional services under a cloud of suspicion in 2006 after Beeld revealed that Bosasa’s company secretary, Tony Perry, had registered a private company for him. He was subsequently appointed head of security for the Fifa World Cup.

Bosasa’s travel records show that:

* On June 15 2005 Mti flew to East London at Bosasa’s expense and was put up in the four-star Hemingways hotel for four nights. The company also paid for his Avis premium rental car. The trip came shortly after Sondolo IT, 40% owned by Bosasa Operations, won a R237-million contract for the supply and installation of access control systems and CCTV at 66 prisons on April 29 2005.
* On July 25 2005 Bosasa sponsored the return airfare of Mti’s relative, Sehlule Mti, from Johannesburg to Port Elizabeth and back. Three days later Bosasa paid for Mti and then National Intelligence Agency deputy director general Gibson Njenje to fly from Johannesburg to Port Elizabeth.
In December 2005 Bosasa company Phezulu Fencing won a R487-million tender to supply and install security fencing at 66 prisons.
* On March 3 2006 Bosasa sponsored a weekend trip for Mti to East London, where he stayed in the Hemingways hotel’s presidential suite. Bosasa’s travel agent was instructed to rent a seven-seat Mercedes Benz Vito for Mti.

Two weeks later, on March 17 2006, Sondolo IT won a R224-million tender to install TV sets in all prison communal cells.

A day later Bosasa paid for Mti’s son, Vukani, to fly from Johannesburg to Cape Town on a return ticket.
Njenje told the M&G he was Bosasa’s founding non-executive chairman before being headhunted by the NIA. While in the NIA’s employ his travels to Port Elizabeth were covered by Bosasa twice -- on June 10 and July 28 2005.

He told the M&G he saw no problem with Bosasa paying for his travel while he was a state employee. “I was headhunted into a government position while active as a businessman with various interests. All I needed to do to comply with the employment conditions was to resign as an executive director from the companies,” he said.

“My shareholding and all benefits accruing were a matter of declaring and that I did as required. Some of the companies I was a shareholder in had or have relations with Bosasa. My private travel expenses would be one of the benefits that accrued to all the shareholders of the companies I am referring to.

“So, as it were, it was not a matter of Bosasa ‘sponsoring’ my travels, but an arrangement between companies.”

The M&G received three calls this week from “concerned Bosasa employees” who said they were afraid the M&G’s reporting about their employer would cost them their jobs.

Two threatened to organise a protest march on the M&G’s office, accusing the paper of being “racist” and printing “untruths”.

“Who will look after my children if I don’t have a job anymore?” an employee from the East Rand said.

Bosasa spokesperson Papa Leshabane did not return the M&G’s calls on the matter.

Here’s the proof

Annexure A: Confirmation of travel booking for Linda Mti and Gibson Njenje by Bosasa’s travel agent

Annexure B: Email from Bosasa’s operations coordinator Angelo Agrizzi to Bosasa’s travel agent about ‘VIP booking” for Mti

Annexure C: Confirmation of travel and accommodation booking for Mti by Bosasa’s travel agent

Source: Mail & Guardian

SA Human Rights Commission: Human Rights Journal

As part of its constitutional mandate to promote human rights, the SA Human Rights Commission will on Monday, January 26, launch its first ever Human Rights Journal.

Commission Chairperson Mr Jody Kollapan and some of the contributors to this edition are expected to speak at this launch.

Issues covered in this inaugural edition include the question of land reform in South Africa as a right-based matter; the relationship between national security and human rights and how it can enhance human rights culture; the incorporation of the Scorpions into the South African Police Service, and its impact on human rights; the relationship between this country’s constitution and international human rights norms; the relationship between human rights and democracy and human rights education and how it contributes to the reduction of prejudice and the creation of better relations and an appreciation of multiculturalism.

With this publication the Commission hopes to encourage honest, robust and critical reflection on the state of our society, the progress made, and the short-coming and under-achievements for which every member of society must take responsibility.

In addition, through this publication the Commission seeks to identify and critique policy choices that have successful and those less so; to continue setting the debate against the context of the letter and the spirit of the constitution and to ensure that in all that South Africans do- there is commitment to the constitution and its values.

Source: SAHRC

SOUTH AFRICAN JUDICIAL EDUCATION INSTITUTE ACT 14 OF 2008

The purpose of the SOUTH AFRICAN JUDICIAL EDUCATION INSTITUTE ACT 14 OF 2008, is to establish a South African Judicial Education Institute in order to promote the independence, impartiality, dignity, accessibility and effectiveness of the courts by providing judicial education for judicial officers; to provide for the administration and management of the affairs of that Institute and for the regulation of its activities; and to provide for matters connected therewith.

SINCE the need for education and training of judicial officers, whether aspirant, newly appointed or experienced, has long been recognised and that principle is practiced and entrenched in most judicial systems around the world;

AND SINCE there is a need for the education and training of judicial officers in a quest for enhanced service delivery and the rapid transformation of the judiciary;

AND SINCE the law has become much more complex and varied, develops rapidly and is increasingly influenced by the globalisation of legal systems, trade, technology, new insights and challenges;

AND SINCE education and training of judicial officers are necessary to uphold judicial independence, on the one hand, and to facilitate judicial accountability, on the other, and both are indispensable requirements of a judiciary in a functioning democracy;

AND SINCE it is desirable that the education and training of judicial officers should primarily be directed and controlled by the judiciary;

AND SINCE section 180(a) of the Constitution provides that national legislation may provide for training programmes for judicial officers,

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:-

Source: Sabinet

Ex-Gitmo Detainee Joins Al-Qaida in Yemen

A Saudi man released from Guantanamo after spending nearly six years inside the U.S. prison camp is now the No. 2 of Yemen's al-Qaeda branch, according to a purported Internet statement from the terror network. The announcement, made this week on a Web site commonly used by militants, came as President Barack Obama ordered the detention facility closed within a year. Many of the remaining detainees are from Yemen, which has long posed a vexing terrorism problem for the U.S.

The terror group's Yemen branch — known as "al-Qaeda in the Arabian Peninsula" — said the man, identified as Said Ali al-Shihri, returned to his home in Saudi Arabia after his release from Guantanamo about a year ago and from there went to Yemen, which is Osama bin Laden's ancestral home. The Internet statement, which could not immediately be verified, said al-Shihri was the group's second-in-command in Yemen, and his prisoner number at Guantanamo was 372. "He managed to leave the land of the two shrines (Saudi Arabia) and join his brothers in al-Qaida," the statement said.

Documents released by the U.S. Defense Department show that al-Shihri was released from the facility at Guantanamo Bay, Cuba in November 2007 and transferred to his homeland. The documents confirmed his prisoner number was 372. Saudi Arabian authorities wouldn't immediately comment on the statement. A Yemeni counterterrorism official would only say that Saudi Arabia had asked Yemen to turn over a number of wanted Saudi suspects who fled the kingdom last year for Yemen, and a man with the same name was among those wanted. The official spoke on condition of anonymity because he wasn't authorized to speak to the press and would not provide more details.

Yemen is a U.S. ally in the fight against terror, but it also has been the site of numerous high-profile, al-Qaida-linked attacks including the 2000 bombing of the USS Cole in the Gulf of Aden, which killed 17 American sailors. Yemen's government struggles to maintain order. Many areas of the California-size country are beyond government control and Islamic extremism is strong. Nearly 100 Yemeni detainees remain at Guantanamo, making up the biggest group of prisoners.

Al-Shihri's case highlights the complexity of Obama's decision to shut down the detention center within a year despite the absence of rehabilitation programs for ex-prisoners in some countries, including Yemen. The Pentagon also has said more former ex-detainees appear to be returning to the fight against the U.S. after their release. Rep. Jane Harman, D-California, who heads the House Homeland Security subcommittee on intelligence, said the reports about al-Shihri should not slow the Obama administration's determination to quickly close the prison. "What it tells me is that President Obama has to proceed extremely carefully. But there is really no justification and there was no justification for disappearing people in a place that was located offshore of America so it was outside the reach of U.S. law," she told CBS's "The Early Show."

But Rep. Pete Hoekstra, of Michigan, the top Republican on the House Intelligence Committee, criticized the executive order Obama signed Thursday to close the facility as "very short on specifics." Interviewed on the same program, he said there are indications that as many as 10 percent of the men released from Guantanamo are "back on the battlefield. They are attacking American troops."

The militant Web statement said al-Shihri's identity was revealed during a recent interview with a Yemeni journalist. That journalist, Abdelela Shayie, told The Associated Press in a telephone interview on Friday that 35-year-old Saudi man had joined the kingdom's rehabilitation program after his release and got married before leaving for Yemen. Shayie said al-Shihri told him that several other former Guantanamo detainees had also come to Yemen to join al-Qaida.

Al-Qaida in the Arabian Peninsula is an umbrella group of various cells. Its current leader is Yemen's most wanted fugitive Naser Abdel Karim al-Wahishi, who was among 23 al-Qaida figures who escaped from a Yemeni prison in 2006.

Since the prison break, al-Qaida managed to regroup. It set up training camps, has attracted hundreds of young men and launched dozens of bloody attacks against Westerners, government institutions and oil facilities. Most recently, gunmen and two vehicles packed with explosives attacked the U.S. Embassy in Yemen in September, killing 17 people, including six militants. Al-Qaida claimed responsibility for the attack. According to the Defense Department, al-Shihri was stopped at a Pakistani border crossing in December 2001 with injuries from an airstrike and recuperated at a hospital. Within days of his release, he became one of the first detainees sent to Guantanamo. Al-Shihri allegedly traveled to Afghanistan after the Sept. 11 attacks, provided money to other fighters and trained in urban warfare at a camp north of Kabul, according to a summary of the evidence against him from U.S. military review panels at Guantanamo. He also was accused of meeting extremists in Iran and briefing them on how to enter Afghanistan, according to the documents.

Al-Shihri, however, said he traveled to Iran to buy carpets. He said he felt bin Laden had no business representing Islam, denied any links to terrorism and expressed interest in rejoining his family.

Source: abc

Pikoli: It began with Kebble

Vusi Pikoli told MPs on Tuesday that he was fired for doing his job in prosecuting police commissioner Jackie Selebi and accused the executive of interfering in the case.

"This was the reason for my suspension," the former head of the National Prosecuting Authority told parliament's ad hoc committee reviewing President Kgalema Motlanthe's decision in December to fire him. "The murder of Brett Kebble is when Selebi's name came up. If it had not been for the matter of Kebble I would not have this problem I am having today," he said, referring to the businessman's murder that prompted the Selebi investigation for corruption.

Pikoli said he came under pressure from former justice minister Brigitte Mabandla to drop the case, but refused because it would have been unconstitutional to do so. "Because I refused to obey an unlawful instruction I was suspended."

Pikoli said former president Thabo Mbeki's complaint that he had jeopardised national security by not agreeing to wait a requested two weeks to arrest Selebi was a smokescreen. "National security should not be used as an excuse to avoid a criminal investigation where there is evidence of a criminal offence. "I would see it the other way round: Public interest would demand that I investigate this person."

Pikoli was cleared late last year by the Ginwala Enquiry, which found he was fit to hold office and recommended that he was reinstated.

source: News 24.com

Anxious wait

Around £1.5bn a year in research funding is at stake as officials at the Higher Education Funding Council for England (Hefce) work out what money will follow December's research assessment exercise (RAE). The national project to judge the quality of British research revealed a much wider spread of top researchers than before. With over half the research (54%) submitted in 2008 deemed to be either world-leading (4*) or internationally excellent (3*) - and found in 150 of 159 universities - the funding that follows will inevitably be more thinly spread.

Vice-chancellors of big, research-intensive universities are particularly worried. The Russell group claims that without continued "selectivity" - at the moment 29 universities receive 82% of Hefce's research funding - world-class universities with the capacity to compete globally will be jeopardised.

But vice-chancellors who have met with the higher education minister, David Lammy, suggest he is less interested in hearing about research funding than what universities can do to help the country out of recession.

"Ministers understand the importance of research selectivity and concentration and having world-class universities, particularly as a mechanism to accelerate out of the bottom end of the recession and gain advantage. But whether that will translate through, we don't know," says Professor Michael Arthur, vice-chancellor of the University of Leeds. "Other VCs are saying this is classic Russell group protectionism, but take it to its extreme and you end up with lots of universities in the middle and nobody at world-class level. That would be bad for the country.

mperial College London was rated one of the top universities in the UK, with most of its research deemed to be of the highest quality. But funding predictions suggest it could be one of the biggest losers, mainly because its medical school did not do as well as last time round.

Michelle Coupland, Imperial's strategy and planning, RAE project director, says: "The college is proud to have the greatest concentration, at 73%, of research assessed as world-leading and internationally excellent and this must be rewarded in the funding that results. It is no accident that the UK is home to four universities regarded as among the global top 10. The world's most pressing problems can be solved by these top universities, since they have recognised strengths across a broad range of disciplines.

"These universities have demonstrated consistent excellence in successive exercises and investment in them will thus enable the UK to maintain a globally competitive edge."

Soure: The Guardian

2009 World Report: Obama Should Emphasize Human Rights

The incoming Obama administration will need to put human rights at the heart of foreign, domestic, and security policy if it is to undo the enormous damage of the Bush years, Human Rights Watch said today in issuing its World Report 2009.

The report documents ongoing human rights abuses by states and non-state armed groups across the globe, including attacks on civilians in conflicts in Afghanistan, Colombia, the Democratic Republic of Congo, Georgia, Israel and the Occupied Palestinian Territories, Somalia, Sri Lanka, and Sudan, and political repression in countries such as Burma, China, Cuba, Iran, North Korea, Saudi Arabia, Uzbekistan, and Zimbabwe. It also highlights violations by governments trying to curb terrorism, including in France, the United Kingdom, and the United States. The report also addresses abuses against women, children, refugees, workers, gays, lesbians, bisexuals and transgender people, among others.

The introductory essay by Roth outlines steps the United States and other governments that purport to support human rights should take if they want to reclaim the initiative for human rights from the "spoiler" nations that today so aggressively and effectively oppose them.

Source: Human Rights Watch

Hoax e-mail accused acquitted

Former spy boss Billy Masetlha and his two co-accused in the hoax email saga were acquitted of the charges against them on Thursday. Masetlha's advocate Neil Tuchten said the Pretoria Commercial Crimes Court acquitted his client and his two co-accused after the state closed its case. "The state closed its case. It concluded that there was no case. We immediately applied for a discharge," said Tuchten.

Masetlha, IT expert Muziwendoda Kunene and former National Intelligence Agency manager for electronic surveillance. Funokwakhe Madlala were facing four charges relating to hoax emails implicating senior ANC members in a conspiracy against Jacob Zuma, the ANC's then deputy president. The matter was scheduled to be heard next week, however, the date was brought forward. "The court brought the matter forward for the convenience of the parties," said Tuchten adding that his client had been vindicated.

Source: Mail & Guardian

South Africa Wolrd Human Rights Report: Events of 2008

Poverty, unemployment, gender-based and xenophobic violence, and crime remain significant barriers to the enjoyment of human rights; the government's commitment to address them is inadequate. Vulnerable groups and NGOs are increasingly using the courts to establish the principle of progressive realization of socioeconomic rights as stipulated in the constitution.

In September 2008 leadership battles within the ruling African National Congress (ANC) resulted in the early resignation of President Thabo Mbeki after a court finding of judicial interference. ANC Deputy President Kgalema Motlanthe took over until the 2009 elections. Judicial independence has been re-emphasized by the courts, the government, and civil society in the face of public attacks, disparaging judges, and scandals involving the conduct of individual judges. Incidents of police violence are reported to be increasing.

South Africa failed to utilize its non-permanent membership of the United Nations Security Council to support resolutions or initiatives that would help protect the rights of people in various countries, most notably Sudan and Zimbabwe.
Xenophobic Attacks on Foreign Nationals

In May 2008 xenophobic violence broke out in Alexandra, Johannesburg, and rapidly spread to seven of South Africa's nine provinces, resulting in 62 deaths, including 21 South Africans, 11 Mozambicans, five Zimbabweans and three Somalis; thousands were injured. Some 40,000 foreign nationals left the country and a further 50,000 remain internally displaced.

The attacks are indicative of growing xenophobia in South Africa, where isolated incidents of violence against foreign nationals have been documented since the mid-1990s. Intolerance of migrants partly provoked by competition for resources and by increasing numbers of migrants, particularly from Zimbabwe, has created a volatile situation in poor communities, with foreign nationals becoming easy targets. Although over 1,000 people were arrested after the violence, there were fewer convictions. The climate of impunity for those responsible allowed the situation to escalate. Humanitarian measures were also inadequate. Temporary shelters constructed in June 2008 did not meet international standards, and there was insufficient clean water, food, and sanitation, and inadequate healthcare. Lack of protection for women and children resulted in incidents of sexual violence. Despite a pending Constitutional Court judgment, the Gauteng provincial government dismantled temporary shelters, leaving hundreds of people without shelter, water, food, and sanitation.

The government has yet to address longer-term issues of reintegration, resettlement, or xenophobic intolerance in local communities. While many victims of the May attacks have returned to communities from which they fled, some have experienced new attacks, with over 30 deaths being reported between June and November 2008. As a result, many are seeking greater assurances for their own safety before leaving government shelters.
Refugees and Migrants

The government opened a reception centre in Musina, near the Zimbabwean border, in response to increased migration from Zimbabwe and growing criticism from civil society organizations. However, deportation and status determination processes conducted by immigration officials and police who are insufficiently trained in basic refugee law and related procedures continue to thwart refugees' efforts to seek asylum. Tens of thousands of Zimbabwean nationals with valid refugee claims on the basis of fleeing Operation Murambatsvina or other well-founded fears of political persecution were refouled.

South Africa's reform of the Department of Home Affairs has yet to have impact on the procedural obstacles and administrative delays that plague refugee status determination. Asylum seekers remain subject to long queues in filthy conditions, face status determination officers ill-equipped to make fair decisions, and struggle to access assistance for appeals because of limited resources within the Legal Aid Board.
Excessive Use of Force by the Police

In 2008 South Africa saw a 13 percent increase in the number of deaths as a result of police action and an eight percent increase in complaints against police. A January police raid on the Johannesburg Central Methodist Church saw the use of pepper spray and batons against 1,200 sleeping foreign nationals, including women and children seeking shelter. Some were refugees and asylum seekers. The police said they were looking for drugs, firearms, and "illegal immigrants."

The indiscriminate use of rubber bullets and other non-lethal weapons during public protests-from student protests to service delivery protests-and the number of resulting injuries call into question policing methods used during public demonstrations. During an authorized service delivery protest in Sydenham, Durban, in September 2007, police used water cannon, stun grenades and fired rubber bullets without adequate warning; six protesters required hospitalization. Rubber bullets and assaults using batons during protests injured eight people in Orange Farm in May 2008, 16 refugees in the Western Cape in July and another 18 people in Orange Farm in September. South African law clearly limits the use of weapons likely to cause bodily injury or death to situations where other methods have failed, and requires the use of proportionate force. In many reported incidents, the police failed to give adequate warning and did not try other methods to disperse demonstrations.
Socioeconomic Rights

Delivery on health rights remains inadequate, with progress being won through civil society litigation. In May 2008 the High Court ruled that the health classification policy of the South African Defence Forces was unconstitutional, ordering it to halt discrimination on the grounds of HIV status and to change policy that precluded members from external deployment because of HIV status. The increasing incidence of drug-resistant and multi-drug-resistant tuberculosis has raised concerns about the delivery of effective TB therapy and infection-control practices in South African hospitals, the confinement of patients, the conditions of confinement, and patient access to treatment.

Despite the South African government's "Breaking New Ground" housing policy, which includes development of socially inclusive housing projects, an informal settlement upgrading program, and provision of infrastructure and services for low-income communities, more than 14 percent of South Africans continue to live in inadequate housing; while over 20 percent do not have access to basic services. During his visit to South Africa in February 2008, the UN special rapporteur on adequate housing commented that living conditions in South Africa's informal settlements fall short of safe and sustainable conditions.

In April the Phiri community affirmed the right to adequate water for poor communities when it won its High Court case against the City of Johannesburg. The landmark ruling ordered the City to provide residents of Phiri with 50 liters of free water per person per day, noting that the current daily allocation of 25 liters of free water per person was insufficient, particularly for people suffering from HIV/AIDS. The City of Johannesburg halted installations of pre-paid water meters while it appealed the High Court decision.
Women's Rights

Violence against women, including rape and domestic violence, remained unacceptably high. The so-called Sexual Offences Act-officially titled the Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007-finally came into effect on December 16, 2007. It amends the common law definition of rape to include men and boys and no longer focuses only on penetrative offenses. It provides additional protective measures for child victims of sexual offenses and adults with mental disabilities.
Children's Rights

The Children's Act became law in April 2008 and offers increased protection for children and the promotion of children's rights. The Child Justice Act passed in June established a separate criminal justice procedural system for child offenders. It also increased the minimum age of criminal capacity from seven to 10 years, but allows for mandatory minimum sentences-including life sentences for offenses such as murder and the rape of a minor-to be applicable to children ages 16 and 17 years. This is despite constitutional provisions that children should be detained only as a last resort and for the shortest appropriate period of time, and despite the call by the UN Committee on the Rights of the Child for life imprisonment of child offenders to be abolished.

Around 122,000 children live in child-headed households, making them particularly vulnerable to discrimination, ostracism, social exclusion, and sexual exploitation. Unaccompanied refugee and asylum-seeking children face obstacles and delays in accessing the courts to formalize their status, resulting in informal foster placements and delays in accessing social welfare.
International Role

South Africa ended its two-year period as a non-permanent member of the UN Security Council in December 2008. South Africa opposed or declined to support resolutions for victims of human rights violations in Sudan, Belarus, Uzbekistan, Burma, Iran, Zimbabwe, and North Korea. Together with Libya, South Africa played a leading role in seeking to make renewal of the United Nations-African Union Mission in Darfur, conditional on a Security Council intervention to rein in the International Criminal Court, by ordering it not to proceed with the requested arrest warrant for Sudan's President Omar al-Bashir. The South African move, which would have been damaging to the court, was ultimately defeated. South Africa was a strong supporter of the court when it was founded. South Africa was reviewed under the Universal Periodic Review mechanism of the UN Human Rights Council in April, but did not make clear its commitments during the process.

South Africa's former president Mbeki continued as the Southern African Development Community mediator in Zimbabwe throughout the year but failed to confront the major election-related human rights violations committed by the Zimbabwean government.

Source: Human Rights Watch

Pregs Govender as a commissioner for SA Human Rights

The SA Human Rights Commission is pleased to announce that President Kgalema Motlanthe has appointed Ms Pregs Govender as a full-time Commissioner for a period of seven years.

The Commission welcomes her appointment and believes that with her extensive experience and principled work in the advancement of the rights of the downtrodden and marginalized. Ms Govender will make a valuable contribution to the achievement of the mandate of the SA Human Rights Commission.

Ms Govender will be based at the Cape Town Office of the Commission.

Source: SAHRC

Notes on the political and economic crisis of the world capitalist system

The conditions that prevail as humanity enters 2009 cruelly refute the illusions of a new epoch of peace and prosperity that thrived at the dawn of the new millennium. The entire world is engulfed in an economic crisis that is rapidly assuming the dimensions of a historic catastrophe.

Amidst the mounting economic disarray, the conduct of the imperialist powers assumes an openly criminal character. Israeli bombs and artillery rain down on the defenseless people of Gaza, recalling the fascist atrocities of Guernica and the Warsaw Ghetto. American imperialism, itself implicated in the slaughter of countless thousands of Iraqis and Afghans, gives its wholehearted approval to the crimes of the Israeli regime.

The poet Auden’s characterization of the 1930s as a “low and dishonest” decade applies no less aptly to the first decade of the 21st century. And yet, the loss of political illusions is an essential prerequisite for the acquisition of knowledge. The experience of the initial years of the new century refutes the fatuous claims that history (i.e., class struggle against capitalism and imperialism) has ended. Rather, it is becoming increasingly clear that the working class, in the United States and internationally, is entering a new epoch of revolutionary struggles.

Source: International Committee of the Fourth International (ICFI)

Together building safer communities

Before 1994, the function of the criminal justice system was to defend apartheid. Since the dawn of democracy, its role has been transformed to protect and serve all South Africans.

Working together, we have made progress in a number of areas. We have reduced political violence and achieved a stable society. We have made important strides against organised crime, dismantling 730 drug laboratories and neutralising over 700 criminal syndicates. We have seen a steady reduction in levels of most serious crimes.

But there is still a lot that needs to be done. Many South Africans still live in fear of crime. Levels of violence and property crimes remain unacceptably high. Women and children are still vulnerable to abuse. Corruption is still prevalent across the public and private sectors.

While there has been gradual progress, we now need decisive action against crime and corruption. We need to build on what has already been done, but to intensify our efforts on all fronts.

The ANC has a clear plan to tackle crime and corruption, which will:

* establish a new modernised, efficient and transformed criminal justice system to enhance crime fighting capacity and improve coordination among the police, judiciary and correctional services;

* increase the capacity of the SAPS through recruitment, rigorous training, better remuneration, equipping and increasing the capacity of especially the detective services and forensics;

* establish and strengthen the new unit to fight organised crime, which was formed following the incorporation of the Scorpions into the SAPS;

* strengthen the fight against gender-related violence by increasing the capacity of the criminal justice system to deal with such violence;

* mobilise communities to participate in combating crime through establishing street committees and community courts;

* step up measures in the fight against corruption within the state and private sector, including measures to review the tendering system to ensure politicians do not take part in the adjudication of tenders.

The challenge of crime and corruption will not be overcome unless all South Africans work in partnership to tackle both crime and the causes of crime.

Working together we can do more.

Source: ANC

Six VIP Unit members under investigation for murder

South Africa's security ministry said on Thursday it was investigating six members of an elite protection unit for murder or attempted murder, a new embarrassment for police accused of graft and incompetence.

Safety and Security Ministry spokesman Hangwani Mulaudzi said the investigations of members of the VIP protection force were being treated very seriously, but none of the accused were in custody and no charges had been brought.

Three are accused of murder and three of attempted murder.

Mulaudzi said 40 other officers were under investigation for offences ranging from assault to reckless driving. The force protects South Africa's president and other VIPs. Its two branches have a total strength of just over 3,300.

"We are very much concerned that members of an elite unit are involved in serious crimes," Mulaudzi said, pointing out that the accusations were from a period of four years.

"Equally so, we are happy that the same members were (caught) by their own colleagues, which is indicative of the zero tolerance that the SAPS (South African Police Service) boasts to rid itself of its bad elements," he said.

Source: Politicsweb

Global Warming Causes Severe Storms

Research Meteorologists found that the temperature changes brought on by global warming are significant enough to cause an increase in the occurrence of severe storms. Severe storms are those that cause flooding, have damaging winds, hail and could cause tornados. Their study revealed that by the end of this century, the number of days that favor severe storms could more than double certain locations, such as Atlanta and New York.

Researchers also found that this increase would occur during typical stormy seasons and not during dry seasons when it may be beneficial.

Source: Science Daily

Army captain named head of Guinea junta

Captain Moussa Dadis Camara was named Wednesday as head of the military junta which claims to have seized power in Guinea, a statement read on national radio said.

Camara, who commanded the fuel section of the armed forces supplies department, had been appointed "president of the National Council for Development and Democracy," the statement said. He was acting as spokesman for the junta on the radio following the reported coup early Tuesday in the wake of the death of President Lansana Conte.

Source: AFP

Guinea's long-time military leader Conte dies

Guinea's President Lansana Conte, who ruled the West African nation with an iron fist for 24 years, has died aged 74, National Assembly Speaker Aboubacar Sompare told state television early Tuesday. In power since 1984, the ailing Conte, who relied on the army to put down growing discontent, was a chain smoker who suffered from chronic diabetes and was at one time diagnosed with leukemia. "We regret to announce to the people of Guinea the death of General Lansana Conte , after a long illness, at 6:45 pm," Sompare said.

Prime Minister Ahmed Tidiane Souare and armed forces chief of staff General Diarra Camara then confirmed the news on television. Sompare officially asked the president of the supreme court to declare the presidency vacant and to apply the constitution. If the supreme court rules that there is a vacancy in the top job, the speaker of the assembly takes over temporarily and has to organize a presidential election within 60 days.

Lansana Conte, a career soldier, came to power through a coup d'etat on April 3, 1984, one week after the death of Guinea's first president, Ahmed Sekou Toure. Top officials of the regime met overnight in the capital Conakry to discuss a successor to Conte, a source close to the presidential palace said. Among the officials meeting in emergency session at the People's Palace, seat of the national assembly, were Prime Minister Souare, Sompare, the president of the supreme court and military leaders. "All the members of the government were asked to go to the People's Palace," a minister told AFP.

Last week government spokesman Tibou Kamara had scolded "bearers of false reports" speculating about the president's state of health. Conte, who told AFP last year "I am the boss, others are my subordinates," has undergone frequent hospital treatments abroad.

Source: AFP

Zapiro, Zuma and (another) defamation threat

I see Jacob Zuma has again issued a threat to sue Zapiro, this time for R7 million based on the infamous cartoon in which Zapiro depicted Mr Zuma as preparing to rape lady liberty. This is not the first time Mr Zuma has threatened to sue Zapiro or other columnists and newspapers but those claims have gone nowhere.

I am on record criticising this cartoon because it debases and cheapens rape and may create the impression that Mr Zuma is a rapist despite him being acquitted of rape. However, if I was Zapiro I would not be too worried about this latest threat either. Not that he seems too perturbed, because a report in the Cape Times reports as follows:

Asked if he thought the R7m was a reasonable amount, Shapiro referred to a 2006 cartoon he had drawn in response to Zuma’s initial lawsuit. It showed an outraged Zuma telling Shapiro, ‘I’m suing for damage to my reputation!!’ and the cartoonist responding: ‘Would that be your reputation as a disgraced chauvinistic demagogue who can’t control his s exual urges and who thinks a shower prevents AIDS?’ Shapiro pointed out that ‘I could say the same thing now’. He had not expected Zuma to sue again as the initial case seemed ‘to be going nowhere’.

There are of course very good legal and political reasons why Mr Zuma has not sued any of the cartoonists or columnists he has threatened to sue and why this is almost certainly not going to happen now either.

First, since the SCA and the Constitutional Court developed the common law of defamation to bring it in line with the spirit and purport of the Bill of Rights, it is not so easy to win a defamation case – especially if one is a public figure like Mr Zuma.

But second, a defamation case could be politically disasterous for Mr. Zuma. Defendents in defamation cases very often use the same tactics used by rape defendents: they attack the character of the person suing for defamation.

Imagine a scenario in which Zapiro is sued by Zuma and before the court the whole rape case saga is dredged up again along with the various utterances Mr Zuma and his supporters have made about (i) women; (ii) gay men and lesbians; (iii) judges; (iv) HIV/AIDS (v) …..add any number of other issues here….. Imagine the awkward questions Mr Zuma might face regarding his relationship with convicted fraudster Shabir Shaik!

Mr Zuma’s reputation (if any) will be put on trial and it won’t be pretty.

If I was Mr Zuma I would not go near any court for a defamation claim (or a criminal case for that matter, but that is a story for another day) as I would be far too worried that the little that is left of my reputation would be torn to shreds. If I was advising Mr Zuma I would whisper only one name in his ear:Oscar Wilde.

Wilde famously sued his lovers’ father who had alleged that Wilde was fiddling with men only to be exposed on the stand. While cross-examined the following exchange occurred which sealed his fate and exposed him to a criminal trial which landed him in jail:

Carson’s cross-examination reached its climax with reference to Walter Grainger:

How old is he?- He was about sixteen when I knew him. He was a servant at a certain house in High Street, Oxford, where Lord Alfred Douglas had rooms. I have stayed there several times. Grainger waited at table. I never dined with him. If it is one’s duty to serve, it is one’s duty to serve; and if it is one’s pleasure to dine, it is one’s pleasure to dine.

Did you ever kiss him?- Oh, dear no. He was a peculiarly plain boy. He was, unfortunately, extremely ugly. I pitied him for it.

Was that the reason why you did not kiss him?- Oh, Mr. Carson, you are pertinently insolent.

Did you say that in support of your statement that you never kissed him?- No. It is a childish question.

Did you ever put that forward as a reason why you never kissed the boy?- Not at all.

Why, sir, did you mention that this boy was extremely ugly?- For this reason. If I were asked why I did not kiss a door-mat, I should say because I do not like to kiss door-mats. I do not know why I mentioned that he was ugly, except that I was stung by the insolent question you put to me and the way you have insulted me throughout this hearing. Am I to be cross-examined because I do not like it?

Why did you mention his ugliness?- It is ridiculous to imagine that any such thing could have occurred under any circumstances.

Then why did you mention his ugliness, I ask you?- Perhaps you insulted me by an insulting question.

What was the reason why you should say the boy was ugly?-

At this point, the record of proceedings (which does not purport to be a verbatim transcript, in the modern form) continues:

Here the witness began several answers almost inarticulately, and none of them he finished. His efforts to collect his ideas were not aided by Mr. Carson’s sharp staccato repetition: ‘Why? Why? Why did you add that?’ At last the witness answered: ‘You sting me and insult me and try to unnerve; and at times one says things flippantly when one ought to speak more seriously. I admit it.’

We already know Mr Zuma is not very fast on his feet and says very stupid things under cross examination (i.e. if one takes a shower after sex one reduces the risk of contracting HIV), so, Oscar Wilde, Mr Zuma, remember him. He died a broken man after serving two years in Reading jail after being convicted of “gross indecency”….

Source: Pierre de Vos: Constitutionally Speaking

Gay Rights Are Pressed at the U.N.

An unprecedented declaration seeking to decriminalize homosexuality won the support of 66 countries in the United Nations General Assembly on Thursday, but opponents criticized it as an attempt to legitimize pedophilia and other “deplorable acts.”

The United States refused to support the nonbinding measure, as did Russia, China, the Roman Catholic Church and members of the Organization of the Islamic Conference. The Holy See’s observer mission issued a statement saying that the declaration “challenges existing human rights norms.”

The declaration, sponsored by France with broad support in Europe and Latin America, condemned human rights violations based on homophobia, saying such measures run counter to the universal declaration of human rights. “How can we tolerate the fact that people are stoned, hanged, decapitated and tortured only because of their sexual orientation?” said Rama Yade, the French state secretary for human rights, noting that homosexuality is banned in nearly 80 countries and subject to the death penalty in at least six.

France decided to use the format of a declaration because it did not have the support for an official resolution. Read out by Ambassador Jorge Argüello of Argentina, the declaration was the first on gay rights read in the 192-member General Assembly itself. Although laws against homosexuality are concentrated in the Middle East, Asia and Africa, more than one speaker addressing a separate conference on the declaration noted that the laws stemmed as much from the British colonial past as from religion or tradition.

Navanethem Pillay, the United Nations high commissioner for human rights, speaking by video telephone, said that just like apartheid laws that criminalized sexual relations between different races, laws against homosexuality “are increasingly becoming recognized as anachronistic and as inconsistent both with international law and with traditional values of dignity, inclusion and respect for all.”

The opposing statement read in the General Assembly, supported by nearly 60 nations, rejected the idea that sexual orientation was a matter of genetic coding. The statement, led by the Organization of the Islamic Conference, said the effort threatened to undermine the international framework of human rights by trying to normalize pedophilia, among other acts.

The Organization of the Islamic Conference also failed in a last-minute attempt to alter a formal resolution that Sweden sponsored condemning summary executions. It sought to have the words “sexual orientation” deleted as one of the central reasons for such killings.

Ms. Yade and the Dutch foreign minister, Maxime Verhagen, said at a news conference that they were “disappointed” that the United States failed to support the declaration. Human rights activists went further. “The Bush administration is trying to come up with Christmas presents for the religious right so it will be remembered,” said Scott Long, a director at Human Rights Watch.

The official American position was based on highly technical legal grounds. The text, by using terminology like “without distinction of any kind,” was too broad because it might be interpreted as an attempt by the federal government to override states’ rights on issues like gay marriage, American diplomats and legal experts said. “We are opposed to any discrimination, legally or politically, but the nature of our federal system prevents us from undertaking commitments and engagements where federal authorities don’t have jurisdiction,” said Alejandro D. Wolff, the deputy permanent representative.

Gay-rights advocates brought to the conference from around the world by France said just having the taboo broken on discussing the topic at the United Nations would aid their battles at home. “People in Africa can have hope that someone is speaking for them,” said the Rev. Jide Macaulay of Nigeria.

Source: New York Times
for more information see UN declaration on sexual orientation and gender identity

UN 2008 Declaration for the global decriminalization of GLBT activity

The declaration, which is non-binding, was co-sponsored by France and the Netherlands. The 192 member states of the UN were almost evenly divided on the declaration: It passed with support from 66 countries. However 57 were opposed and 69 abstained.

The European Union of 27 countries, Australia, Canada, Japan, Mexico, New Zealand and 34 other countries -- including most of the countries of Latin America -- supported the declaration. The 56 predominately Muslim countries belonging to the Organization of the Islamic Conference, and a few other countries either abstained or voted against the declaration. China, Russia, and the United States abstained.

The United States was notable as the only western country not voting for the declaration. The vote was taken a few weeks before the end of the Bush administration; the US's vote may have been different if it had been held during the incoming Obama administration.

Opposition to equal rights for homosexuals and transgendered persons is one of the very few principles over which the predominately Muslim countries belonging to the Islamic Conference of States (ICS) and the Vatican can agree.

Source: Ontario Consultants on Religious Tolerance

Human Rights in the Occupied Territories

June 2007 marked the 40th anniversary of Israel's occupation of the West Bank and the Gaza Strip. During this entire period, Israel has denied millions of Palestinian residents their basic rights and has prevented them from taking part in decisions affecting their fate. The occupation permeates every aspect of Palestinians' daily lives, with violations of the right to life and bodily integrity, freedom of movement, employment, family life, housing, health, education, and human dignity forming an inescapable part of their reality.

In the field of human rights in the Occupied Territories, ACRI is a key player in the struggle to ensure the fundamental rights of the Palestinian population. ACRI's efforts are designed to redress the broad range of human rights violations while bringing pressure to bear on the Israeli government to fulfill its obligations under international law to ensure the protection and well-being of the Palestinian civilian population under occupation.

Source: Association for Civil Rights in Israel

Bribery is big business in SA

An average of 1.5 million South Africans pay bribes every year for some or other reason. Most of these were paid for speeding offences, matters related to policing and getting a particular job.

These were some of the shocking statistics announced at a Western Cape Government Anti-corruption Summit held at the Cape Town International Convention Centre on Tuesday. In his presentation, Willie Hofmeyr, head of the Special Investigation Unit, referred to the 2004 National Victims of Crime Survey that cited corruption as the most common crime after housebreaking. "It remains a huge challenge to totally eradicate corruption."

Hofmeyr said there was a worrying increase in serious organised crime where syndicates were infiltrating government departments.

Source: Die Burger

Ginwala report of enquiry into NDPP Vusi Pikoli

This document, released by the South African government, is the long-awaited Ginwala report of enquiry into the National Director of Public Prosecutions.

It can be accessed here

Source: Polity

Former Vlakplaas agent wants parole

Former Vlakplaas operative Almond Nofemela may soon be a free man. Nofemela turned to the Pretoria High Court in an attempt to be freed following a 21-year stint in jail. He was recommended for parole by the parole board in February.

The recommendation was awaiting the signature of Correctional Services Minister Ngconde Balfour, Nofemela's attorney, Julian Knight, said. "The document has been on Balfour's desk since March and he has done nothing about it. I wrote to ask him to make up his mind, not to place Nofemela on parole, but to make a decision to either rubber stamp the approval or refuse it," he said. Nofemela went to court in an urgent bid to get answers. Correctional Services, represented by a senior and a junior advocate, asked for a two-week postponement, as the department was not ready to go ahead. The matter was eventually postponed for a week, and on Friday the minister agreed to consider Nofemela's placement on parole. The agreement was made an order of court by Judge Eberhard Bertelsmann. Knight said if the minister refused Nofomela parole, he would go to the Constitutional Court.

On the eve of his intended execution in the 1980s for the non-political killing of a Skeerpoort farmer, Nofemela spilled the beans on the security police hit squad operating from the Vlakplaas base. His death sentence was later commuted to a life sentence.

NPA: Pikoli still suspended head

The National Prosecuting Authority considers Vusi Pikoli its suspended national director of public prosecutions until the parliamentary process to fire him is finalised, spokesperson Tlali Tlali said on Monday.

"We understand that it is a process... it is a process that is provided for in the [NPA] Act. That does not mean there is a vacuum in the NPA. "We understand that advocate Vusi Pikoli is still on his suspension. The president has announced the decision, but it is a decision that has to be processed before Parliament," said Tlali.

Mokotedi Mpshe also remained the acting NDPP until that process had been completed. "We understand that advocate Mokotedi Mpshe will stay on in that position until a different communique will have been sent." In terms of the act, President Kgalema Motlanthe refers his decision to fire Pikoli to Parliament, where it is put to the vote and is either confirmed or rejected.

The African Christian Democratic Party and the Democratic Alliance have indicated that they will not vote in favour of his removal. The ANC, which introduced legislation to remove the NPA's investigative arm the Scorpions at the height of an investigation against its president Jacob Zuma, is the majority party in Parliament.

Source: News 24.com