Son of Ex-President of Liberia Is Convicted of Torture

A federal jury on Thursday convicted the son of the former president of Liberia of torturing suspected opponents of his father’s government. It was the first case brought under a 1994 law that makes it a crime for United States citizens to commit torture overseas. During the trial, witnesses said the defendant, Charles McArthur Emmanuel, 31, stood by and laughed as soldiers forced prisoners to play “stone football,” kicking large stones until their bare feet were bruised and bleeding. One witness described having flaming plastic melted onto his skin, and another said soldiers had cut his genitals.

Mr. Emmanuel, who was known in Liberia as Chuckie and commanded a military unit known as the Demon Forces, was convicted of conspiracy and torture after two days of jury deliberations. He faces a possible life sentence. The case coincides with the trial of Mr. Emmanuel’s father, Charles Taylor, in a war crimes tribunal in The Hague for atrocities in West Africa during his presidency.

Elise Keppler, senior counsel for the International Justice Program at Human Rights Watch, said that the verdict was a milestone in the fight against human rights abuses around the world and that she hoped to see more prosecutions like it. “That’s going to be the key here,” Ms. Keppler said. “This can’t be an anomaly in U.S. practice, but should be the beginning of a trend where the United States actively prosecutes human rights violations committed abroad.”

When the case began a month ago, defense lawyers said the witnesses had fabricated their stories for financial gain and to win political asylum. In opening statements, an assistant federal public defender said that if this case were a newspaper headline, it would read, “Desperate and disgruntled Africans accuse American to escape war-torn Liberia.”

The witnesses shared gruesome stories about Mr. Emmanuel. Sulaiman Solo Jusu, a refugee from Sierra Leone who had been living in Liberia for more than a year, described a 1999 attack in the Liberian town of Voinjama and his arrest by security forces at a bridge checkpoint. Mr. Jusu said Mr. Emmanuel accused the prisoners of being rebels sent to overthrow his father’s government, and he described Mr. Emmanuel shooting three men in the head. “I don’t know how to describe that feeling,” Mr. Jusu testified. “You can just think of you being the next one. I was so afraid.”

In court, as the guilty verdict was read aloud, Mr. Emmanuel sat quietly with his hands in his lap. When all 12 jurors agreed he was guilty, he looked over at his lawyer, who gently patted him on the back. He refused to stand when the jury was dismissed and seemed impatient to leave. In a news conference afterward, United States Attorney R. Alexander Acosta said of Mr. Emmanuel, “The acts of which he was convicted were horrific.”

Born in Boston, Mr. Emmanuel spent most of his life in Orlando, Fla., with his mother, stepfather and older sister. He joined his father in Liberia as a teenager, a few years before Mr. Taylor won the 1997 presidential election. He was arrested on charges of carrying a false passport when he arrived in Miami from Trinidad in March 2006. He will be sentenced in January 2009.

Source: New York Times

Why Kader Asmal resigned from Parliament

Former Cabinet minister Kader Asmal resigned from Parliament because he did not want to vote for the disbanding of the Scorpions, he said in a lecture on Tuesday evening. It would have been immoral of him to vote for the disbanding of the elite crime fighting unit, Asmal told an audience at the University of Johannesburg, Beeld newspaper reported on Wednesday. He said he had made it clear that he did not want the Scorpions to be disbanded and that he stuck to his principles by retiring.

Asmal also said the so-called Travelgate MPs should not have been allowed to vote on the disbanding of the unit. "The issue here is not whether the member of Parliament is legally entitled to vote, the issue is how it is perceived as a matter of ethics. Is it right to take actions against the very body that has completed the investigation against you?," asked Asmal, according to Sowetan newspaper.

MPs implicated in the Travelgate scandal were allowed to vote on the Scorpions last week after businessman Hugh Glenister failed in a court bid to block them. Glenister insisted that because MPs allegedly involved in the travel-voucher scam had been investigated by the Scorpions, there was a conflict of interest. The National Assembly last Thursday approved legislation to disband the unit, which was responsible for criminal investigations against African National Congress president Jacob Zuma and suspended police National Commissioner Jackie Selebi.

Source: Mail & Guardian

WORLD BRIEFING | AFRICA; South Africa: Anticrime Unit Disbanded

The Scorpions, for years the nation's elite crime-fighting unit, were disbanded on Thursday by Parliament and merged into South Africa's police force. Even though the country has one of the world's worst crime rates and the Scorpions had a better track record than the police, the elite unit has been sharply criticized for its corruption investigation of Jacob Zuma, the leader of the African National Congress. The African National Congress has a large majority in Parliament.

Source: New York Times

United States: Judge rejects 'forced' confession

A military judge in Guantanamo Bay has thrown out the U.S. government's evidence against an Afghan detainee because it was obtained under coercion, a rights group said yesterday. The decision came late Wednesday in a preliminary hearing in the trial of Mohammed Jawad, arrested in Kabul in 2002 on charges of throwing a grenade that wounded two U.S. soldiers and their interpreter.

A representative for the American Civil Liberties Union revealed that Mr. Jawad's confession had been rejected as evidence in the case. "Col. Stephen Henley held that evidence collected while Jawad was in U.S. custody cannot be admitted in his trial" because the evidence was "gathered through coercive interrogations," the ACLU said in a press release.

Lawyers for Omar Khadr, 22, accused of five war crimes charges including the murder of a U.S. serviceman, say the prosecution's evidence against the Canadian-born youth also relies on statements Mr. Khadr says have been coerced. Under the commissions system, a judge can accept "coerced" statements if he thinks they were true anyway, but cannot accept statements obtained under "torture."

Source: Canada

Major ANC donor in graft probe

A case of corruption has been opened against Robert Gumede, the chairperson of listed information technology company GijimaAST. The case, opened with the Roodepoort police station under case number 781/2/2007, concerns alleged bribes paid by Gumede to Telkom executives.

Gumede, who recently donated R10-million to the ANC during a fundraising dinner in Sandton, vehemently denies bribing Telkom officials and said he was not aware of the police's probe against him. The charge comes after a series of battles between Gumede and his former business partner, John Sterenborg. Gumede claims to have won all combat rounds thus far. Sterenborg, who lives in England, could not be reached for comment.

The Mail & Guardian has established that the South African Police Service's commercial branch in Johannesburg is actively pursuing the corruption charge against Gumede, relating to the award of a R600-million tender by Telkom to his Gijima Afrika Smart Technologies (GAST) in 2002. GAST is not related to the listed GijimaAST, which Gumede joined in 2005 as its black empowerment partner. Gumede's Guma group, formerly known as Gijima, acquired 37% of AST's shares in 2005 to form GijimaAST. Gumede is the non-executive chairperson of GijimaAST. The investigation of Gumede follows several bouts of litigation between him and Sterenborg about the acquisition of Applied Card Technologies (ACT), a smart-card manufacturer previously owned by Sterenborg.

Gumede was Sterenborg's black business partner in ACT when the company was placed under provisional liquidation. During that period ACT was asked by Telkom to tender for a R600-million contract to manufacture telephone cards until 2005. Gumede bought ACT and the Telkom tender was subsequently awarded to GAST. During a 2006 inquiry by the master of the high court into ACT's liquidation Sterenborg accused Gumede of irregularly diverting the phone card tender to his own company [GAST] while ACT was in dire need of revenue. However, Gumede told the M&G this week he believed Sterenborg "abandoned" the inquiry because he knew it would make adverse findings against him and not Gumede. Now the SAPS is investigating allegations that Telkom executives received benefits from Gumede while adjudicating his bid for the phone card contract.

Gumede told the M&G: "Your approach to this issue is clear: 'Aha, we have dirt on a man who is funding the ANC. Let's expose him.' But you know as well as I do that this 'dirt' does not exist -- because it is not 'dirt' on me, it is mud that was thrown at me by someone (the British citizen Dr John Sterenborg) who has himself been exposed as a liar, fraudster, an extortionist and a rogue," Gumede said in response to the M&G's questions. "I am not aware of any so-called investigation and will expect the SAPS to talk to me directly if there is such an investigation ... I am a law-abiding citizen."

Source: Mail & Guardian

Politics influencing Zuma probe

The Scorpions' investigations into ANC deputy president Jacob Zuma are calculated to undermine any leadership role he holds or is called to hold in the ANC, his lawyer said on Thursday.

Michael Hulley said a recent meeting convened by the head of the Directorate of Special Operations (Scorpions) which aimed to consider resolutions adopted by the ANC at its mid-year Policy Conference was a matter of "grave concern". "It is a matter of concern that the Scorpions would deem it necessary to react to resolutions of a political party in a manner which influences its prosecutorial decisions against Mr Zuma and other named individuals," he said. Hulley said that at the meeting, the "Zuma matter" was considered problematic and needed to handled in view of the ANC National Conference in December.

He said that according to the minutes of the meeting, Scorpions head Leonard McCarthy and other regional heads and investigators resolved to use "Hollywood Style" tactics to "market" the Scorpions, lobby politicians favourable to the Scorpions "with a view to influence them" and lobby named business executives favourable to the Scorpions in order to similarly influence them. This all needed to be done before the national conference, he said. "This has re-affirmed the long held view that the ongoing investigation against Mr Zuma is influenced by improper political motive, calculated to frustrate any leadership role to which Mr Zuma may be called, by the membership of the ANC," he said.

Hulley said repeated denials by the National Prosecuting Authority and in turn the Scorpions that they had acted without favour or prejudice regarding Zuma, were, in light of recent findings, a "cold comfort".

Source: News 24

U.S. Africa Command Stands Up

On the first day of October, the new United States Africa Command (AFRICOM) became fully operational. The last major action proposed by former defense secretary Donald Rumsfeld, the new command is chartered to support U.S. military and diplomatic initiatives across a huge continent and among an enormously diverse population. It's no secret that the decision to establish the command was controversial in Africa, and that reception initially ranged from cool to frosty, though that is said to be warming slightly.

Certainly the new command is making every effort to appear helpful and collaborative. The four-star commander has two deputy commanders, one three-star for military operations and one ambassador for civil-military relations; its mission statement and other supporting guidance focus on "soft" activities like conflict prevention, consultation and aid. Signally, the title "combatant command," another holdover from the Rumsfeld era, does not appear, replaced instead by "regional military command" and the more historic "unified command." Considering the state of affairs on the African continent, this is all to the good.

Despite understandable uneasiness (or confusion) in some African capitols, this is a propitious time for Africom to stand up. First, change is coming to Africa, though unevenly. In the Moslem north, would-be moderate Arab states are clashing with radical Islamist movements. In the south, states like Botswana are emerging as stable countries after decades of post-colonial and post-Cold War violence; South Africa, the regional powerhouse, continues its emergence from apartheid to a true modern, multiparty democracy. American objectives and policies, distracted by ongoing wars in Iraq and Afghanistan and chastened by reality, are more likely to be more consultative and expectations are likely to be more modest than when the Neocons made sweeping gestures over large-scale maps. As a result, U.S. Africa Command's operations are likely to be more truly sensitive to the concerns and needs of host countries than previously, and the United States will be less likely to blunder into ill-considered adventures on the continent. The command's new structure and the military-civil makeup of its staff holds out the hope that U.S. civil-military operations will at long last be better coordinated.

There are certainly reasons why the United States should be involved in Africa's continued development. The command's area of operations covers 53 African countries, ranging from stable democracies to utterly failed states like Somalia. Aside from internal strife from tribalism or other political friction, disintegrative narco-criminal gangs and burgeoning Islamic radicalism challenge many of Africa's 53 states. State terrorism, such as in Sudan, continues to be a source of instability and terror. Finally, the potential reemergence of great-power competition for Africa's natural resources, and in particular its energy supplies, supports a greater American focus on the continent's diverse challenges and opportunities. There has never been a real issue about whether we should take an interest in Africa; the question was always how. Here are a few suggestions for the new commander and his staff.

First, it's essential that every member of the command understand the essentially modest contribution that a headquarters of 1300 people can actually make in Africa, an enormous continent of 800 million people, where nearly half of the population is under the age of 15, where disease and malnutrition are rampant in vast areas and where, despite chaotic conditions, the economy is expected to grow 6.2 per cent next year. A strong dose of humility, and a focus on supporting the aspirations of emerging states, will go a long way.

Second, do not underestimate the great value of American diversity. While the conditions of the African diasporas to the United States was tragic, the consequences are that Africa is the ancestral home to a huge number of Americans, forging common ties of blood and kin not found with any other major power. In a sense, Africans see their African-American descendants "returning" to Africa, much like Irish-Americans going "home" to Erie. This can give the United States a huge advantage in overcoming bitter memories of colonialism if our policies and objectives recognize it.

Third, given the scope and diversity of the continent, U.S. Africa Command's activities will necessarily bring the command much closer to U.S. diplomatic missions and the chiefs of missions, the resident U.S. Ambassador. Given the Africa Command's mission and operational dynamics, the U.S. missions will essentially be the command's "maneuver units," and it is vital for the command and the U.S. ambassadors in the region to work out effective relationships. Even given the necessity for military-to-military contacts, it is the U.S. ambassador, not the commander of Africa Command, who should be the "face" of U.S. policy toward, say, South Africa or Gambia. Rather, U.S. Africa Command's dedication to effective civil-military cooperation should extend beyond its staff, and include recognition of, and support to, U.S. ambassadors and their resident military assistance teams, if present. U.S. foreign policy has a long history of confusion and occasionally conflict between diplomats and soldiers; Africom should dedicate time and effort to insuring that "conflict prevention" -- part of the Africom concept of operations -- begins at home.

Fourth, the Africom staff, teamed with appropriate Department of Defense officials, should propose and support legislation designed to untangle the present laws and regulations governing military assistance. The present laws governing U.S. assistance generally, and military assistance in particular, date back to the passionate 1970s, when legislators set out to clip the wings of military adventurism. The past decade has awakened many in Washington for the need for a fundamental rewrite, but until the present there has been no service or agency willing to take on the bone-wearying, long-term task of seeing military assistance untangled, and the advent of a new administration -- of whatever party -- makes it probable that there won't be movement on this unglamorous but vital subject for at least a couple of years. As a new command with an obvious stake in the outcome, the new military-civilian hybrid headquarters could well take this on.

Fifth, and along the lines of military assistance, the number of African military officers attending U.S. military schools should be ramped up. "African" covers a lot of ground, and in this case includes both the cosmopolitan, Europeanized officer corps of the Mediterranean littoral with those of the deepest interior. Not only would all take back to their home countries ties with America and American officers -- some of whose careers would intersect with their African classmates over the years -- but the command's, and America's interests would be considerably advanced. At present, attendance at U.S. service schools is too expensive, handled by the State Department instead of more expeditiously by Defense, and too restricted by Service classroom space; all should be reversed. Costs should be cut or shared, the Defense Department should have the lead on defense-related schools, and more classroom space should be made available. The lure of a school in the United States is a potent sweetener for military-to-military relations, and U.S. Africa Command should make this an urgent priority above other legislation outlined above. Finally, the command should vigorously resist the well-meaning suggestion, made in some quarters, that special schools or courses should be organized for African officers. The ghettoization of African officers to second-rate schools -- for that is exactly how it would be perceived on the continent -- would be deeply resented, and would frustrate the strategic intent of schooling foreign officers in American classes, alongside American counterparts.

At a recent conference, retired ambassador Bob Houdek, a senior official with wide experience in Africa and the national intelligence community, spoke urgently against the placement of Africom headquarters in Africa itself. Ambassador Houdek pointed out that the establishment of a thousand-person headquarters, with families and homes maintained to U.S. standard, with the attendant and necessary security measures --walls, barbed-wire fences, armored cars -- would create the appearance of a colonial oasis in the midst of a country most liable to be in poverty, and at the mercy of unanticipated coups and changes of government. Better, he said convincingly, to put the headquarters in the United States, as in the case of Central Command, and commute to advanced command posts in Africa when necessary. The United States, he pointed out, is in the process of closing a number of posts in the United States that could easily accommodate a unified command headquarters at a minimum of the cost of establishing a U.S. base in Africa.

Whatever the final form it takes, the establishment of U.S. Africa Command is a good idea whose time has come -- finally. The command's emphasis on civil-military integration and a low-key operational profile is appropriate and well suited to its mission. We should wish it well.

Source: USAFRICOM

Plans to mine Wild Coast postponed

Controversial plans to mine titanium at Xolobeni on a pristine stretch of the Wild Coast have been put on hold. The decision came after Minister of Minerals and Energy Buyelwa Sonjica declared that more consultation with the community is needed.

Source: Mail & Guardian

Russian troops leave Georgia war zones

Russian forces on Wednesday abandoned military positions deep inside Georgia in a major pull-back the Kremlin vowed to complete by midnight, two months after the South Ossetia war began.

Source: Mail & Guardian

In bleak forecast, IMF sees major global downturn

In its bleakest forecast in years, the International Monetary Fund (IMF) said on Wednesday the world economy was set for a major downturn, with the United States and Europe either in or on the brink of recession.

Source: Mail & Guardian

Mandoza found guilty of culpable homicide

Kwaito music star Mandoza was found guilty of culpable homicide by the Roodepoort Magistrate's Court on Monday. Justice spokesperson Zolile Nqayi said 30-year-old Mandoza, whose real name is Mduduzi Tshabalala, pleaded guilty to the charge that stemmed from a car accident in March last year.

Two men were killed in the crash on the N1 highway outside Johannesburg. Mandoza admitted that he caused the accident when he drove into the back of the victims' VW Jetta at high speed with his Chrysler Crossfire. He was given a prison sentence of three years and nine months, suspended for five years.

Mandoza was also ordered to reimburse the families of the deceased for all costs incurred because of the accident.

Source: Mail & Guardian

Russia's last tsar rehabilitated

Russia's Supreme Court has ruled that the last Tsar, Nicholas II, and his family were victims of political repression and should be rehabilitated. The rehabilitation has long been demanded by imperial descendants.

Nicholas, his wife Alexandra, their five children, doctor and three servants were shot dead by Bolshevik revolutionaries in July, 1918. Lower courts had previously refused to reclassify the killings, which had been categorised as simply murder. The Romanov family have been canonised as saints by the Orthodox Church, which has enjoyed a post-Soviet revival. For most of the last century, Tsar Nicholas II was officially reviled as a tyrant. To Russia's Soviet regime, he personified all they had tried to destroy in the revolution of 1917. The Romanovs were shot by a firing squad without a trial, in the Urals city of Yekaterinburg.

The Supreme Court "declared as groundless the repression of Tsar Nicholas II and his family and ordered their rehabilitation", the judge's decision said on Wednesday. The ruling overturned a decision by a Supreme Court panel in November 2007 not to rehabilitate the imperial family.

The descendants' lawyer, German Lukyanov, argued that the lack of a trial was not sufficient grounds to reject the plea that they be considered victims of political repression. Coercion by state bodies, restricting the freedom and rights of citizens for class, religious or social reasons, constituted repression, he told the court.

Since the collapse of the Soviet Union in 1991, official attitudes to the royal family have changed dramatically. In 1998, their remains were reburied with great ceremony in St Petersburg. The BBC's James Rodgers in Moscow says the supreme court's decision is largely symbolic - but has been welcomed by monarchists and the tsar's descendants.

Grand Duchess Maria Vladimirovna, a Romanov descendant who led the campaign to get the imperial family rehabilitated, "expressed her joy and satisfaction after the decision," her spokesman Alexander Zakatov told the AFP news agency.

A spokesman for the Russian Orthodox Church, Georgy Ryabykh, said the decision "strengthens the rule of law, restores historical continuity and 1,000 years of state tradition".

Source: BBC News

Western Cape ANC denies obvious rift

The entire Western Cape ANC is denying that it faces a major rift along political fault lines between its former chair, James Ngculu, and former premier, Ebrahim Rasool, on the one hand and its newly elected chair, Mcebisi Skwatsha, on the other.

Last week the ANC in the province held its long-awaited provincial conference and the Skwatsha grouping -- seen as strongly pro-Zuma -- made a clean sweep of the top five positions by unanimously electing Skwatsha as party chairperson, Premier Lynne Brown as deputy chair, Sipho Kroma as secretary, Max Ozinsky as deputy secretary and Songezo Mjongile as treasurer.

In contrast with other recent provincial conferences of the ruling party there were no threats, intimidation or mayhem, but about 42% of branches (86 of 205) boycotted the conference claiming that they were deliberately excluded because they supported Lerumo Kalako for the position of chairperson.

Kalako is seen as a Thabo Mbeki supporter and a staunch backer of now ousted Ngculu. He told the Mail & Guardian on Thursday: "I have nothing to say. It's best if you phone Skwatsha and Ozinsky for their comments." Although a member of the ANC's provincial executive committee, recently ousted premier Rasool did not attend the conference either. He told the local media that he did not want to cause further divisions in the organisation.

On the first day of the conference regional secretary Mbulelo Ncedana and about 500 of his supporters held an alternative meeting in Langa, where Ngculu addressed them after delivering his formal conference address. On both sides of the political divide ANC members deny that the boycott of the conference marks an imminent split in the organisation. Garth Strachan, Western Cape finance minister, said the ANC has 54 000 signed-up members in the province, of whom about 400 were disaffected. "These people chose to step outside due process and they're bringing the name of the ANC into disrepute. They're doing the opposition's work for them and we don't see this as signifying a split in the ANC." Strachan is adamant that the ANC's national leadership, under the chairmanship of NEC member Fikile Mbalula, listened to the concerns of the disgruntled members.

Ncedane sent a memorandum to the national executive committee claiming that Skwatsha and his supporters manipulated branches attending the conference to ensure a Skwatsha victory. Both Strachan and Ozinsky denied this. "When you're a democrat you have to abide by the democratic process. You can't cry foul and boycott the process because you don't like the majority vote," Ozinsky said. "Honestly, we're worried about the divisions in the province. It's worrying if senior provincial leaders are playing a factional and divisive role with the intention of disrupting the highest organ of the organisation in the province, namely the conference."

Regional executive committee member Yengwayo Kutta said he and others decided to boycott the conference because "there had been a clear attempt to exclude branches that supported Kalako as the ANC chair". "Eighty-five branches out of 205 are not participating because we're unhappy with the process. Branches in good standing were excluded because of political interference. I myself believe that the conference is fraudulent," Kutta said. "We want the national leadership to listen to our concerns and then we would like another, more inclusive, conference to be held."

Source: Mail & Guardian Online

'Child' Malema smacked

Tensions are appearing in the Jacob Zuma camp of the ANC, with senior cabinet minister Zola Skweyiya slamming the "shocking" disrespect shown to Thabo Mbeki in the past year. And he singled out Julius Malema, the controversial ANC Youth League leader, for particular censure, describing him as "an embarrassment to the party" and "un-African". He added: "People... call me every night complaining 'What are you doing about this child?'."

Skweyiya, widely regarded as representing "the soul" of the ruling party, went so far as to invoke legendary ANC leader Oliver Tambo, saying: "If Tambo woke up and found the ANC the way it is, he would have run back to his grave... he would say, 'That can't be my ANC'."

Though a member of the ANC national executive committee, which last weekend decided to axe Mbeki as president of the country, Skweyiya has fiercely criticised the way Mbeki has been treated since he lost his position as president of the party to Zuma in Polokwane in December. Skweyiya was not one of the cabinet ministers who resigned in the wake of Mbeki's departure this week, but he indicated that he would probably retire at the end of his term of office.

In an interview with The Sunday Independent, Skweyiya pulled no punches. He criticised the ANC for not acting against those who had tried to humiliate Mbeki. "We kept quiet... The way Thabo was treated was really shocking to me. Thabo was our president, whether we like it or not. The fact is he was the president of this country and he represented the people of South Africa... That needs to be respected if we respect our constitution. I personally didn't like that." He cited the humiliating incident in Durban last year when Zuma supporters disrupted proceedings during the visit of Indian Prime Minister Manmohan Singh, and the repeated and much-publicised outbursts against Mbeki by the Youth League president.

Malema's ridiculing of Mbeki was unacceptable, he said. "You can't talk about the president like that... of the ANC and also of the state. It's very sad that [Malema] says he can fire Zuma. "Who is he? He's not even a member of the national executive committee. "How can he fire Zuma when Zuma has been elected by the ANC, by the people? The Youth League does not determine the policy of the ANC."

Malema was an embarrassment to the party and had to be brought into line, Skweyiya said. The party leadership had repeatedly told the youth leader to shut up but he disregarded them. Skweyiya suggested that Malema was ignorant of the ANC's history because he kept asserting that the Youth League was an "autonomous" structure. But youth leaders before Malema had taken instructions from the "mother body", even if they had not agreed with them.

Skweyiya added that Malema's conduct was un-African. "We are Africans and an elderly person is an elderly person. We say, 'You shall not dishonour your parents'. If you can't respect that, what does he think?" Skweyiya found the attacks on the judiciary and the Human Rights Commission by members of the ANC's tripartite alliance "painful". "How we treated our judges... has not been a nice thing. You might not like the judgments but... those are judges. One of the basic conditions that this government [agreed to when it] came into power was the independence of the judiciary, even though we knew that it wouldn't transform rapidly. "[And] the way we treated the Human Rights Commission is for me something very painful."

Skweyiya's remarks about Mbeki echoed those made by two veteran opposition leaders in parliament this week. IFP leader Mangosuthu Buthelezi and PAC MP Motsoko Pheko told MPs that the disrespect shown to the president was unacceptable.

Pheko said that the office of president should be "treated with the dignity it deserves". His remarks were greeted in parliament by an animated Buthelezi, who jumped up from his front bench and, punching his fist in the air, shouted in approval: "That's the truth, that's the truth!"

Later, in parliament, President Kgalema Motlanthe reminded MPs of his predecessor's achievements and leadership. He thanked Mbeki, in whose cabinet, he briefly served. "We have been privileged to have had you as our president these last nine years," he said.

Source: IoL

Biggest US bank failure ever

The collapse of the Seattle-based firm, the sixth largest US bank and the largest savings and loan company in the country, was the biggest bank failure in American history.

With $307 billion in assets, $188 billion in deposits and more than 2,200 branches, Washington Mutual’s failure by far eclipsed the previous record bank collapse, that of Continental Illinois in 1984. The latter had $40 billion in assets at the time of its demise.

Source: World Socialist Web

Manto axed from Health portfolio

Newly elected President Kgalema Motlanthe used the limited room afforded by a partial Cabinet reshuffle to promise stability, sideline the deeply unpopular Health Minister Manto Tshabalala-Msimang and soothe divided provincial ANC structures.

Source: Mail & Guardian

Motlanthe moves to steady the ship

The government will remain true to the policies that have kept South Africa steady and ensured sustained growth, newly elected President Kgalema Motlanthe said on Thursday.

In naming his Cabinet, he reappointed Trevor Manuel as Finance Minister and said his deputy would be Baleka Mbete. Nkosazana Dlamini Zuma was reappointed as Foreign Minister. Controversial Health Minister Manto Tshabalala-Msimang has become a Minister in the Presidency.

New ministers were:

* Defence: Charles Nqakula
* Justice and Constitutional Development: Enver Surty
* Health: Barbara Hogan
* Safety and Security: Nathi Mthethwa
* Public Enterprises: Brigitte Mabandla
* Public Works: Geoff Doidge
* Intelligence: Siyabonga Cwele

Those who retained their positions were:
# Social Development: Zola Skweyiya
# Education: Naledi Pandor
# Labour: Membathisi Mdladlana
# Correctional Services: Ngconde Balfour
# Housing: Lindiwe Sisulu
# Arts and Culture: Pallo Jordan
# Sport and Recreation: Makhenkesi Stofile
# Environmental Affairs and Tourism: Marthinus van Schalkwyk
# Water Affairs and Forestry: Lindiwe Hendricks
# Minerals and Energy, Buyelwa Sonjica
# Home Affairs, Noziviwe Mapisa-Nqakula

In his acceptance speech to the National Assembly after being sworn in by Chief Justice Pius Langa, Motlanthe said it was not his desire to "deviate from what is working".


Source: Mail & Guardian

Opposition congratulate Motlanthe

PARLIAMENT - Political parties across the spectrum congratulated newly elected President Kgalema Motlanthe in the National Assembly on Thursday.

Source: Citizen

Motlanthe sworn in

PARLIAMENT - Newly elected President Kgalema Motlanthe was officially sworn in by Chief Justice Pius Langa at Tuynhuys, adjacent to Parliament, on Thursday afternoon.

Motlanthe was elected by majority vote of MPs in the National Assembly earlier.

Accepting his election, he said he was humbled and honoured by the faith and confidence placed in him.

“I undertake this responsibility fully cognicent of the duties and responsibilities that are attached to this high office and the expectations the people of this nation rightly have of the head of state,” he said.

Source: The Citizen

Motlanthe elected South African president

The deputy president of the African National Congress (ANC), Kgalema Motlanthe, was elected President of South Africa in the National Assembly on Thursday by 269 votes to the 50 cast for the chairperson of the Democratic Alliance, Joe Seremane.

There were 41 spoilt ballots.

Source: Mail & Guardian

Financial crisis casts cloud over UN poverty meeting

Heads of state, private-sector leaders and development agencies will this week assess the global fight against poverty, where progress is threatened by upheaval in global markets and soaring food prices.

Source: Mail & Guardian

New Minster of Intelligence

President Kgalema Motlanthe on Thursday appointed Dr Siyabonga Cwele as the new minister of intelligence. It is to replace Ronnie Kasrils, who has retired.

He served in the ANC underground structures from 1984 until 1990. He became a member of Parliament in 1994 and was well regarded as the chairperson of the Joint Standing Committee on Intelligence. But the committee was criticised for operating behind closed doors and never being open enough. They also trashed the inspector general of intelligence’s report which found against former NIA director general Billy Masetlha in 1996, in the interests of the Zuma camp.

People who have worked with him describe him as hardworking and independent-minded. His public statements have included an emphasis on the basics: intelligence as a means of combating crime and guaranteeing public safety.

Cwele received an MBchB from the University of KwaZulu Natal in 1984, and later also completed his MPhil in Economic Policy at the University of Stellenbosch

source: News 24

Kasrils shields his legacy

Outgoing intelligence minister Ronnie Kasrils engaged in a last-minute scramble this week to protect his legacy of reform at the intelligence services. Since 2005 the National Intelligence Agency has been in the thick of claims that the Mbeki and Zuma camps abused state institutions in their battle for supremacy.

On Wednesday Kasrils persuaded outgoing president Thabo Mbeki's last Cabinet meeting to release a hard-hitting review of intelligence policy. The report recommends comprehensive reforms of the country's civilian spy agencies, in particular the NIA, the South African Secret Service (SASS) and the National Communications Centre (NCC), responsible for the interception of electronic communication. The report recommends comprehensive reforms of the country's civilian spy agencies, in particular the NIA, the South African Secret Service (SASS) and the National Communications Centre (NCC), responsible for the interception of electronic communication.

The commission, comprising former deputy-minister Joe Matthews, former speaker Frene Ginwala and academic Laurie Nathan, was set up by Kasrils after the "hoax email" saga which led to the sacking of former NIA boss Billy Masetlha. The report, handed to Kasrils on August 7, was held back pending objections by his spy chiefs to some findings. Released on Thursday, it scrupulously avoids trespassing on operational turf, but its recommendations on the policy terrain are uncompromising. The report notes: "We are concerned that NIA's mandate may have politicised the agency, drawn it into the realm of party politics, required it to monitor and investigate legal political activity …" The commission, with the NIA's support, recommends that the mandate should narrow to focus on "terrorism, sabotage, subversion, espionage, proliferation of weapons of mass destruction, organised crime and corruption" and large-scale violence and drug trafficking.

Another key finding is that some methods of surveillance currently used are illegal. The report notes that "infiltration of an organisation, physical and electronic surveillance and recruitment of an informant who reports on the private affairs of an individual or organisation ... are not regulated by legislation and are therefore unconstitutional".The commission rejected the recommendation of an earlier internal task team report that "in the hard reality of intelligence operations … it is sometimes impossible to do things by the book.When operating against terrorist threats or organised crime or other clear threats and targets, it is sometimes necessary to 'bend the rules' in order to ensure that the threat is adequately dealt with. This is an operational reality in order to ensure that the real 'nasties' do not get away with their 'nastiness'."

The commission slams this, saying it is "unconstitutional, flouts the rule of law and undermines efforts to develop an institutional culture of respect for the law…

Source: Mail & Guardian

A bloodless coup

The ousting of Thabo Mbeki as President of South Africa is nothing short of a bloodless coup. A coup d’etat is defined as “a sudden and decisive action resulting in a change of government illegally or by force”. The dismissal of Mbeki and the consequent resignation of almost one-third of the Cabinet certainly constitutes a sudden and illegal change of government and is therefore a coup.

Source: Main & Guardian thought leader; Ahmed Motala

Dozens of children kidnapped in DRC by rebels

The United Nations Children's Fund (Unicef) on Monday urged the immediate release of 90 children kidnapped in the Democratic Republic of Congo (DRC) by rebels from Uganda's Lord's Resistance Army (LRA).

Source: Mail & Guardian

Thabo Mbeki Resigns

Thabo Mbeki, nine and a half years in office as successor to Nelson Mandela as South Africa’s president, resigned on September 21st, 2008 after losing a power struggle to Jacob Zuma, his former deputy and likely political heir.

The resignation brought an end to a once-promising presidency during which Mr. Mbeki accrued both celebration and disrepute. He became internationally notorious for his views about AIDS, joining maverick scientists in questioning whether a virus was the cause of the illness. He led the resistance to antiretroviral treatment, acting as if the AIDS epidemic were a defamatory plot against Africans and a con job by avaricious pharmaceutical companies. This intransigence, critics say, sent countless thousands to needless deaths.

Mr. Mbeki was forced to resign within the same week that some African leaders have praised him for what they hail as a landmark achievement, the brokering of a deal signed Monday in Zimbabwe between President Robert Mugabe and his opposition.

Source: New York Times

Cautious optimism returns to Zim

The mother of three, who gives her name just as Beatrice, still doesn't know who raped her all those months ago. They were three men with beer on their breath, iron bars in their hands and Robert Mugabe on their T-shirts.

Source: Mail & Guardian

ANC dumps Mbeki, moves to 'heal rift'

South African President Thabo Mbeki has agreed to resign after the ANC announced that it would remove him from office before the end of his term.

Source: Mail & Guardian

Heath calls for charges against Mbeki, Maduna, Ngcuka

Former judge Willem Heath has called for criminal charges to be brought against President Thabo Mbeki, former justice minister Penuell Maduna and former chief prosecutor Bulelani Ngcuka. Heath told the weekly Mail & Guardian newspaper that last week's findings by Judge Chris Nicholson were tantamount to prima facie evidence of contraventions of the National Prosecuting Authority (NPA) Act by Mbeki, Maduna and Ngcuka. Nicholson found that the decision to prosecute ruling party leader Jacob Zuma on fraud and corruption charges was invalid.

Heath said South Africans should be protected against the "systematic abuse, detailed in the judgment, of organs of state by the president and his purported henchmen"."If the behaviour found by Nicholson is not addressed, the application of the principle of the separation of powers will remain at the whim of those who have seemingly been using it most effectively for personal gain," said Heath. He criticised the NPA's decision to appeal against Nicholson's ruling. "The findings of Judge Chris Nicholson... will profoundly impact on South Africa. It is probably the most important judgment delivered in this country in the past many years. "What is macabre is that the NPA has decided to lodge their intent to appeal the judgment. "The NPA, represented by Billy Downer SC and Wim Trengove SC in their battle against Zuma, has been given a long overdue chastising for their maverick behaviour -- behaviour which is not limited to the Zuma case," said Heath. He said it was "astounding" that the two senior counsel "did not recognise the procedural irregularities perpetrated by the three consecutive [national directors of public prosecutions] and allowed themselves to be led by such irregularities."

Meanwhile, the suspended national director of public prosecutions, Vusi Pikoli, told the SABC that the decision to prosecute Zuma was based purely on legal grounds and not political grounds, as was hinted by Nicholson in his judgment. Pikoli, who has been suspended by Mbeki for an alleged breakdown in his relationship with Justice Minister Brigitte Mabandla, denied that he was ever influenced in deciding to prosecute Zuma.

Pikoli said the decision by the NPA to appeal Nicholson's decision should be respected.

Heath: Charge Mbeki, Maduna and Ngcuka

Former judge Willem Heath has called for criminal charges to be brought against President Thabo Mbeki, former justice minister Penuell Maduna and former chief prosecutor Bulelani Ngcuka.

Heath told the weekly Mail & Guardian newspaper that last week's findings by Judge Chris Nicholson were tantamount to prima facie evidence of contraventions of the National Prosecuting Authority (NPA) Act by Mbeki, Maduna and Ngcuka.

Nicholson found that the decision to prosecute ruling party leader Jacob Zuma on fraud and corruption charges was invalid.

Heath said South Africans should be protected against the "systematic abuse, detailed in the judgment, of organs of state by the president and his purported henchmen".

Heath wants Mbeki charged

Former judge Willem Heath has called for criminal charges to be brought against President Thabo Mbeki, former justice minister Penuell Maduna and former chief prosecutor Bulelani Ngcuka.

Heath told the weekly Mail & Guardian newspaper that last week's findings by Judge Chris Nicholson were tantamount to prima facie evidence of contraventions of the National Prosecuting Authority (NPA) Act by Mbeki, Maduna and Ngcuka.

Nicholson found that the decision to prosecute ruling party leader Jacob Zuma on fraud and corruption charges was invalid.

Heath said South Africans should be protected against the "systematic abuse, detailed in the judgment, of organs of state by the president and his purported henchmen".

"If the behaviour found by Nicholson is not addressed, the application of the principle of the separation of powers will remain at the whim of those who have seemingly been using it most effectively for personal gain," said Heath.

Source: News 24.com

Trouble in Nigeria? Between an Oil War and a Succession Battle

Even more than is usual for Nigeria, the country currently faces critical challenges. For some time now, Nigeria has been suffering the effects of a multi-layered crisis, the most conspicuous manifestations of which are the oil-related insurgency in the Niger-Delta and recurring concerns about President Yar’Adua’s health, which have given rise to unseemly, and probably premature, speculation and manoeuvring within the country’s political leadership.

Source: Institute for Security Studies

African Solutions to African Problems

In January next year, the issue of a Union Government for Africa will again be on the agenda of the next Summit of Heads of States and Governments of the African Union (AU). Continental integration through the establishment of the Union Government was initiated in 2005, but the idea was first formally discussed by African leaders at the Accra Summit of Heads of States and Governments of Africa held in July 2007.

It is evident that African people have got the necessary resources and knowledge to address the challenges the continent is facing. Even if the concept needs further development and clarification in terms of defining the problems of Africa and their solutions, “African solutions for African problems” could be employed as a motto since it certainly is inspiring. This applies especially to the youth of Africa who are in the driving seat of Africa’s destiny.

Serekebrhan Fiquremariam, Intern, Direct Conflict Prevention Programme, ISS Addis Ababa


Source: Institute for Security Studies

Pikoli: 'I was not manipulated'

Suspended prosecuting boss Vusi Pikoli has rubbished any suggestion that he was improperly influenced by President Thabo Mbeki's "meddling" in ANC president Jacob Zuma's corruption prosecution.

Judge Nicholson found on Friday that there had been a "distressing pattern" in the National Prosecuting Authority's behaviour and handling of the case against Zuma "indicative of political interference, pressure or influence".

Pikoli's attorney, Aslam Moosajee, said the behaviour complained of related to allegations against acting national director of public prosecutions Mokotedi Mpshe, and Ngcuka, in the latter's interaction with then-justice minister Penuell Maduna before the prosecution of Zuma's former financial adviser, Schabir Shaik.

"There are no facts set out in the judgment which supports any suggestion that Mr Pikoli allowed political interference.

"Mr Pikoli viewed his obligations of independence very seriously and went as far as refusing to comply with an instruction from justice minister Brigitte Mabandla not to proceed with the arrest of national commissioner of police Jackie Selebi.

"We know from the Selebi matter that Mr Pikoli said there was interference, but he resisted those attempts and he was suspended.

"The international community has also recognised Mr Pikoli's dedication to the principles of prosecutorial independence," he said.

Source: News 24.com

Rising prices tip another 75-million towards starvation

Global numbers afflicted by acute hunger rose from 850-million to 925-million by the start of 2008 because of rising prices, the head of the United Nations Food and Agriculture Organisation (FAO) said on Wednesday.

Source: Mail & Guardian

NPA to appeal against Zuma judgement

The National Prosecuting Authority (NPA) said on Wednesday that it will apply for leave to appeal against the judgment delivered by Judge Chris Nicholson last Friday on the Jacob Zuma matter.

Source: Mail and Guardian

Global Political Agreement

The Agreement between the Zimbabwe African National Union-Patriotic Front (ZANU-PF) and the two Movement for Democratic Change (MDC) formations, on resolving the challenges facing Zimbabwe can be found here.

Source: Kubatana

Round one to Zuma

The Scorpions' decision to prosecute African National Congress (ANC) president Jacob Zuma on fraud and corruption charges was not legal, Judge Chris Nicholson found in the Pietermaritzburg High Court on Friday.

Source: Mail & Guardian

"... and blessed be the Angel Gabriel ..."

Three coins in a fountain ...

ANC asserts independence from leftist allies

The African National Congress (ANC) does not necessarily share the economic views of its leftist allies, party treasurer Mathews Phosa said, Business Day reported on Friday.

Phosa told a meeting of businessmen and diplomats the ANC respected the views of its allies, the Congress of South African Trade Unions (Cosatu) and the South African Communist Party (SACP), but did not share all of them, the newspaper said.

Sourc:; Mail and Guardian

SACP: Political left at crossroads

The political left in South Africa is at a crossroads in the history of its revolution, the South African Communist Party (SACP) said in a policy discussion document released on Wednesday.

The struggle to build a coherent, working-class biased, developmental state involves a struggle against the grave dangers of factionalising the state apparatus, and particularly sensitive areas of the state apparatus like courts, prosecutorial authorities, SAPS investigators and the intelligence services.

"Unfortunately there have been worrying developments over the last several years in this regard.

"The SACP needs to be in the forefront of fighting against such tendencies."

"We need to fight for the integrity, the professionalism and the independence of the criminal justice system and its component parts," the document said.

Source: Mail and Guardian

Malema (ANCYL) in a froth over Zuma

African National Congress Youth League (ANCYL) leader Julius Malema on Wednesday vowed to "eliminate any force" blocking ANC president Jacob Zuma's path to the presidency.

Source: Mail and Guardian

Cosatu on Zuma: Don't test our patience

The Congress of South African Trade Unions (Cosatu) has called on President Thabo Mbeki to reinstate Jacob Zuma as the deputy president of the country.

Source: Mail and Guardian

Portrait of a suicide bomber

The windows are wide open and birds are singing in the trees outside. The Kabul traffic hums in the distance. Abit (21) and not looking a year more in his jaunty cap and black shalwar kameez, is sitting in the headquarters of the National Security Directorate, the Afghan intelligence service, and talking about how he became a suicide bomber.

Source: Mail & Guardian

The Apology (of Socrates)

Plato's version of the speech given by Socrates as he defends himself against the charges of being a man "who corrupted the young, did not believe in the gods, and created new deities". "Apology" here has its earlier meaning (now usually expressed by the word "apologia") of speaking in defense of a cause or of one's beliefs or actions (from the Greek απολογία).

From Wikipedia, the free encyclopedia

Zuma weighs legal action against Zapiro

Jacob Zuma's lawyer has confirmed that the ANC president is considering new legal action against cartoonist Zapiro after his controversial drawing published in a Sunday newspaper this week. The cartoon by Zapiro, whose real name is Jonathan Shapiro, featured Zuma being urged to rape a woman, representing Justice, and being egged on by four senior ANC and tripartite alliance leaders.

This morning Michael Hulley, who is representing Zuma in his corruption case, told the Cape Argus: "I have discussed it with him, but I can't say he's given me firm instructions on how to deal with it." Hulley confirmed that Zuma was still seeking recourse from the courts in a number of different matters against media institutions and individuals - although some had been resolved. "For example, after Polokwane, Mr Zuma and David Bullard met and made their peace," he said.

Zapiro confirmed this morning that previous litigation by Zuma against himself was still pending. "It started at R15-million, but after Polokwane it was changed and lessened to R2-million," he said. Zapiro said he believed Zuma was suing him for defamation and "injury to his dignity".

This was for three cartoons, all three of which Zapiro penned while Zuma was being tried for rape in early 2006 - a charge on which he was eventually acquitted. The first cartoon was the first occasion on which Zapiro featured Zuma with a shower head emerging from his glistening scalp - where it has remained in the cartoonist's work ever since.

Zapiro said the response to his most recent Zuma cartoon had been unprecedented in his personal career, with the matter being covered in international media and an interview with the BBC this morning. "I've had some pretty huge responses, but nothing has come close to this," he said.

Source: IoL

Zuma cartoon: Worth a thousand words?

It seems a picture really is worth a thousand words after cartoonist Zapiro unleashed a storm of controversy this week for depicting Jacob Zuma and other leaders riding roughshod over the country’s justice system.

The cartoon, first published in the Sunday Times, shows African National Congress (ANC) leader Zuma unbuckling his belt -- his buttocks partially exposed -- in front of a woman who is being held down by leaders of the ANC, the South African Communist Party (SACP), the ANC Youth League and the Congress of South African Trade Unions (Cosatu). Gwede Mantashe, ANC secretary general, says: “Go for it, boss!”

The woman in the cartoon represents the justice system, so identified by a banner across her body -- implying that Zuma, together with the ANC and its alliance partners, is "raping" the judicial system. The press ombudsman's Khanye Mndaweni said on Tuesday that although the office had received two calls about the matter on Monday, no formal complaint had been laid yet.

Zapiro -- whose real name is Jonathan Shapiro -- told the Mail & Guardian Online on Monday that "there are layers in this cartoon. The primary point is that Zuma is violating the justice system and the spirit of the Constitution. That violation is depicted as a rape." On Tuesday, he said he had thought "very, very carefully" before putting pen to paper, and that he had also asked female friends for their opinion. "There is a very, very pronounced tendency in this country towards exceptionalism, as if our politicians are more sacrosanct than politicians worldwide. That I take issue with," he said. "I really feel strongly that they have to take a hard look at what they are doing and not use the red herring of racism."

His women friends, though shocked, felt that the cartoon not only showed graphically what was happening to the justice system and constitutional principles, but that it also contained a second level of criticism on violence against women in a very patriarchal society.

Zapiro said the blindfolded figure of justice was an allegorical figure going back centuries. "The fact that Jacob Zuma has this personal history is his problem," he said.

The ANC is expecting at least 5 000 supporters to converge on the Pietermaritzburg High Court on Thursday night before Friday's ruling on whether the decision to charge Zuma was lawful. Zuma faces a charge of racketeering, four charges of corruption, a charge of money laundering and 12 charges of fraud related to the multibillion-rand government arms deal.

Speaking at the University of Johannesburg on Tuesday, Zuma said although the judiciary was the final arbiter of disputes, it was not above criticism. ”It can't be said you can't criticise the judiciary. That is what is being said in South Africa. That is not right. But, the criticism should be fair and should be informed. That is very important," he said, addressing students on "access to justice". It was "only in dictatorships and autocracies that criticism is viewed with contempt". He said South Africa, as a 14-year-old democracy, was going through a learning curve and still internalising fundamental principles of democracy. Debates would help this process.

He said ANC deputy president Kgalema Motlanthe and secretary general Gwede Mantashe would never undermine the judiciary, nor the rule of law. "As the ANC we reiterate and affirm our belief in the rule of law, the independence of the judiciary to be the final arbitrator of disputes. "Motlanthe, Mantashe will never undermine these institutions. We seek to protect and strengthen them as the ANC has always done since 1912. "I believe in a free and independent judiciary that should operate without fear or favour. I believe in the right of equal access to the courts for all South Africans," he said.

Hundreds of readers of the M&G Online and its invitation-only blogging platform Thought Leader have been moved to comment on the furore, some using their real names and some using pseudonyms. Reader Tsiliso Tamasane said: “Zapiro has an insatiable hatred for Mr Zuma and will use any event to publicly humiliate him. It's no longer funny." Another reader, Joseph Sifundza, said while he has always enjoyed Zapiro's cartoons, he thought the cartoonist had gone “a bit far with this one”. “In fact, the NPA is the one raping Mr Zuma's rights with the help of the media and the opposition parties,” said Sifundza. Others thought it was fair comment. “It's called political satire and is required in any healthy democracy,” said a reader using the name Meren Gue. A reader under the name Garg Unzola said Zapiro is not a journalist. “Cartoons are not examples of investigative or informative journalism. You should view his cartoons with the same apprehension that you should read a columnist's column. Take it with a pinch of salt, accept that it is Zapiro's opinion and move on.”

Reader Rose Morrow said the cartoon, converted to text and abbreviated in journalistic speak, would probably go something like this: “Jacob Zuma, the president of the once highly respected and admired ANC, stands accused of attempting to rape the justice system of South Africa. His wholly self-serving, entirely unethical 'struggle' tactics to avoid at all costs his corruption trial are blindly supported by certain prominent leaders within that party, the ANCYL and the tripartite alliance. As one, they have launched a scathing, unabated, unfounded attack on the credentials and motive of our judges, including those from the Constitutional Court, many, if not all of whom, featured strongly in South Africa's struggle history. Added Morrow: “Printed in words, the comment would cause hardly a ripple!”

Jane Duncan, the executive director of the Freedom of Expression Institute in Johannesburg, said on Tuesday she had initially thought the cartoon to be "quite risky”. Duncan also believes that Zuma may have a case against Zapiro. “Yes, Zuma can sue Zapiro for defamation because it could evoke an association with the rape trial and depicting him as a rapist while he was not found guilty," she said. "A cartoon is a creative form of expression and it can be read in different ways. So I think the cartoonist should be given the benefit of the doubt." She added: “A cartoonist is a lot freer than a journalist”.

Fellow cartoonist and author Andy Mason told the M&G Online on Tuesday that freedom of expression is not an unlimited right, and these limits need to debated by the public. "It’s not the cartoonist who published it. The editor makes the considered decision to publish it. It’s a carefully considered risk taken in the context of the role of the newspaper. It’s not an issue of rights, it’s about responsibility," said Mason. "A cartoonist is given licence to go further than others and to push the boundaries. One of the tasks is to create public debate."

Anton Harber, journalism professor at the University of Witwatersrand, told the M&G Online: “South Africans are over-sensitive." He said he thinks it’s a powerful cartoon that “very clearly pushes the boundaries, but cartoons are satire. We give them [cartoonists] more space as journalists. You can even say this cartoon is outrageous, but that’s the function of a cartoon." He added: “Press freedom allows you to be tough and provocative." However, where to draw the line is hard to define, according to Harber. “It’s a question of judgement and taste.”

There are different possible objections to this cartoon, he said. Firstly, it could harm Zuma's dignity, and any cartoonist should be conscious of that. But, he said, “when you are a public persona you are open to more satire than normal citizens”. Another possible objection is gender violence. “But, in my opinion, the cartoon does not glorify violence against women." Thirdly, the ANC and its partners say the cartoon is referring to Zuma’s rape case, but Harber feels “those people are reading it far too literally”, saying: "It doesn’t directly refer to the rape trial.”

At a lecture at Wits in April this year, Harber said that cartoonists find themselves increasingly the target of criticism and attacks. On Tuesday he said this is because South Africans are “over-sensitive”. An important reason for this is that South Africa is still a young democracy. “In a lot of other countries this cartoon would be not that controversial," he said. “Zapiro is really pushing the boundaries and he takes it further than others. But that’s what you do as a cartoonist ... And [as a young democracy] we need it."

Source: Mail & Guardian

The blindfolding of justice; allegorical going back centuries.

It seems a picture really is worth a thousand words after cartoonist Zapiro unleashed a storm of controversy this week for depicting Jacob Zuma and other leaders riding roughshod over the country’s justice system.

Source: Mail & Guardian

Zapiro

Tito gone fishing

Tito Mboweni was in the news this week because he was quitting to go fishing. Then, after chatting to ANC boss Gwede Mantashe, it seemed that Mboweni was prepared to keep his fishing part time. He would stay, if asked.

Source Mail & Guardian

On Zuma, Zapiro and that cartoon….

I have always been a great fan of the cartoonist, Zapiro. He is intelligent, moral and brave – something one cannot say about too many people in South Africa. I am also not easily shocked and believe politicians generally deserve to be ridiculed and mocked. It is when people – especially politicians – start thinking they are beyond mocking and take themselves too seriously that trouble usually starts.

But when I saw his cartoon in the Sunday Times yesterday, I found myself wondering whether Zapiro had not gone too far and had perhaps not done something immoral and ethically deeply problematic.

Of course I agree with Zapiro that some of those ANC leaders who have been championing Zuma’s cause, have acted in a scandalous and despicable manner. I also agree that Zuma – through his silence – has aided and abetted some in the ANC in their very dangerous and immoral behaviour.

Perhaps one could still argue that a cartoonist may use the metaphor of rape in his cartoons to address a situation that he sees as dangerous and immoral – although I am not a woman and have never been raped, so maybe I am not the best one to judge this point. The metaphor of rape is definitely a powerful one – especially in a country like South Africa where so many woman have been and continue to be raped.

But I do wonder whether by using the metaphor of rape, Zapiro is not cheapening the horror of rape and – given our deeply patriarchal and sexist society – is not helping to desensitize us to this scourge. In a society where many men still see woman as something to be owned, I worry that this kind of cartoon might somehow send a signal to some men that rape is not such a bad thing.

In this cartoon Zapiro uses rape as a metaphor, of course, and he is using the horror that most ordinary decent people have of rape to make a very powerful point about the immorality of Zuma and his backers. But human beings are strange creatures – do we not become desensitized to a horror if we are exposed to it for long enough?

And what about the horrid sexists who might also be fans of Jacob Zuma? Is there not a danger that they will leer over this cartoon and somehow find it exciting or funny?

Lastly, the cartoon will be read in the context of Mr Zuma’s rape trial. Every single person who sees it will remember that Zuma was charged with rape and will make some connection between that charge and this cartoon.

But Zuma was acquitted in his rape trial. Although he said some very sexists and stupid things during his trial and although his supporters behaved appallingly outside the court, we have to respect the fact that he was acquitted because it shows our respect for the judiciary which, Zapiro suggests, Zuma’s supporters do not always show.

By depicting Zuma as a rapist – even in metaphoric terms – is Zapiro not disrespecting the decision by the court and planting the thought in our heads that maybe Zuma is a rapist after all? Is Zapiro in that way not undermining respect for the very judiciary he is purportedly defending by suggesting subliminally that Zuma should have been convicted?

I do not think there are easy answers to these questions. Maybe I am being prudish or overtly sensitive? I remain in two minds myself.

But perhaps we all have a duty when we engage in the public discourse to do so in a way that is not going to fan the flames of sexism, hate and violence. Maybe, just maybe, Zapiro overstepped the boundary in this case.

Source: Pierre de Vos: Constitutionally Speaking

Zapiro speaks out

Cartoonist Jonathan Shapiro on Monday defended his controversial cartoon of Jacob Zuma preparing to rape justice, saying he thought "very, very carefully" before doing it. The African National Congress and its tripartite alliance partners have condemned the cartoon as disgusting, while ANC secretary general Gwede Mantashe labelled it racist.

The cartoon, published in the Sunday Times under Shapiro's pen-name Zapiro, shows a blindfolded female figure labelled "justice system", being pinned down by Zuma's political allies. The ANC president is depicted in the cartoon unzipping his pants, while Mantashe urges him: "Go for it, boss!"

Shapiro said he "absolutely" refuted the racism charge, and that his record in the struggle years spoke for itself. "There is a very, very pronounced tendency in this country towards exceptionalism, as if our politicians are more sacrosanct than politicians worldwide. That I take issue with," he said. "I really feel strongly that they have to take a hard look at what they are doing and not use the red herring of racism." He said he was not surprised that the cartoon had provoked strong reaction, as the image was "outrageous", and a "very explosive thing". He had thought "very, very carefully" about how women would view it, and before publication sent it to several women friends whose opinion he trusted. Their immediate reaction was one of shock. However they all then said that the cartoon not only showed graphically what was actually happening to the justice system and constitutional principles, but that it contained a second level of criticism on violence against women in a very patriarchal society.

Shapiro said the blindfolded figure of justice was an allegorical figure going back centuries. "The fact that Jacob Zuma has this personal history is his problem," he said.

Zuma, who is president of the ANC, was charged with raping a young woman in 2006, but was found not guilty. Earlier on Monday the ANC, its youth league and the SA Communist Party said in a joint statement that the cartoon was distasteful and "borders on defamation of character". The organisations said the Sunday Times had disguised abuse as press freedom in publishing it. "The cartoon rubbishes the collective integrity of the alliance and constitutes yet another continued violation of the rights and dignity of the ANC president," they said. The organisations said they had never attacked the judiciary, but criticised unfair treatment of Zuma in the normal public discourse of a democracy. "There can, therefore, be no justification for such unwarranted insult on our leadership by the Sunday Times."

Zapiro, they said, had been "consistent in unwarranted attacks on the movement and its leadership". "In a country where we have a serious scourge of fighting violence against women and in particular rape, we need to be very careful how we use the notion and the concept of rape loosely to demonstrate any form of perceived abuse."

Cosatu also expressed disgust at the cartoon, saying it was in extremely bad taste. In his online blog Constitutionally Speaking, University of the Western Cape constitutional law academic Prof Pierre de Vos said on Monday that though he had always been a great fan of Zapiro, he wondered whether the cartoonist had now gone too far and done something "immoral and ethically deeply problematic". He said he agreed with Zapiro that some of the leaders who had been championing Zuma's cause had acted despicably, and that Zuma, through his silence, had abetted them. However he wondered whether by using the metaphor of rape, Zapiro was not "cheapening" the horror of the act and helping to desensitise people.

De Vos also asked whether Shapiro was undermining respect for the judiciary he was purportedly defending, by suggesting subliminally that Zuma should have been convicted in the rape trial. His piece drew a flood of comments from his readers, most of them disagreeing with him. "It is time someone drew attention to the shocking behaviour of these political figureheads and their most avid supporters," wrote Thea Beckman. "We cannot allow a man who believes loyalty to be above the Constitution to take the reins of our country. Well done Zapiro."

Source: IoL

South Africa's Human Rights Reputation Tarnished

As a member of the United Nations security council for two years, South Africa has had many opportunities to speak out forcefully for human rights - or to join those speaking out against them. Again and again, it has chosen the latter course. The South African government's unwillingness to confront President Robert Mugabe on his extremely abusive governance of Zimbabwe is well known to South Africans, and justly controversial. Less well known are the many other important international issues on which the South African government has sided with reactionary rather than progressive forces.

Burma is the best-known case. With Russia and China, South Africa has blocked efforts to condemn the military government's lethal crackdown on peaceful protesters last year. Perhaps the department of foreign affairs has forgotten that, when Burma was still democratic, it demanded that the evils of apartheid, including the Sharpeville massacre of 1960, should be brought before the security council.

The international solidarity movement against apartheid constantly confronted the argument that what happened inside a country's borders was none of the rest of the world's business. That is precisely the argument that the South African government now makes frequently at the security council. It narrowly defines what constitutes a "threat to international peace and security", and insists that all other matters be taken up at the UN Human Rights Council in Geneva. Meanwhile, in Geneva, outside the limelight, South Africa has demonstrated a similar pattern - failing to support key resolutions condemning human rights abuses in countries from Iran to Uzbekistan, and aligning itself with countries whose human rights records are, by anyone's standard, abysmal.

At the UN this month, a diplomatic struggle is shaping up to be South Africa's lowest moment yet. The issue is Darfur, and more specifically the request by the prosecutor of the International Criminal Court (ICC) for an arrest warrant for Omar al-Bashir, the Sudanese president. The accusation: genocide and crimes against humanity, the world's most serious crimes. News of the warrant request was greeted with joy among the millions of Darfuris who have been driven from their homes by government forces acting in concert with janjaweed militias. Tens of thousands of Africans have died in this civil war, most of them civilians, and most of them as a result of Sudanese government actions.

The Sudanese government has begun a concerted campaign to evade justice for these crimes and the South African government has become its accomplice. Together with Libya, also on the security council, South Africa has been leading an effort to suspend the International Criminal Court's request for the next 12 months. Suspending the request for an arrest warrant would send a clear signal, not only to the Sudanese government, but also to tyrants everywhere that they can continue to cheat justice through international political machination. I was present at the negotiations on the treaty for the International Criminal Court 10 years ago in Rome, and listened with admiration to the speech of Dullah Omar, the South African justice minister, in ringing support of this important new human rights institution. Achieving a strong treaty at those talks was an uphill battle, but we won. Only the steadfast leadership of South Africa, along with a handful of others, overcame the opposition of major powers such as the United States, China and Israel.

The International Criminal Court is not an anti-African institution, as some have alleged. It is a pro-African institution: pro-civilians in Darfur whose villages have been burned to the ground, pro-women in the Democratic Republic of Congo who have been raped in wartime, pro-children in northern Uganda who have been abducted as child soldiers. It is opposed to government and rebel leaders responsible for such crimes, no matter where they live.

The prosecutor has also been looking into situations in Colombia and Afghanistan, as well as crimes committed in the Russian-Georgian armed conflict. It is truly heartbreaking to see South Africa preparing to abandon the court at a critical juncture in its history. Sadly, it appears to be part of a trend that is putting Pretoria's foreign policy on the wrong side of history. Perhaps only a fervent and sustained outcry from South African society can restore the country to its rightful path and begin to repair the damage that has already been done to its reputation.

Source: Human Rights Watch

Zuma supporters mobilise against court case

Supporters of African National Congress (ANC) president Jacob Zuma attempted to force their way into the Pinetown Magistrate's Court on Friday, as colleagues chanted slogans and picketed outside various other courts across the greater Durban area. The protests, arranged by the ANC's eThekwini region, were to be followed by the handing over of memorandums detailing the party's demands, including that the National Prosecuting Authority (NPA) drop charges against Zuma.

Pinetown police spokesperson Inspector Solomon Mbhele said a crowd of about 1 000 converged outside the court. Some, he said, were armed with sticks. "The protestors were trying to get into the court, but police with riot shields managed to stop them. Some protestors were also throwing the orange cones that were demarcating the surrounding roads," Mbhele said. "There was not too much violence," he said.

John Mchunu, ANC eThekwini general secretary, said that officials closed the door to the court building, preventing the protestors from entering. He said: "We are members of the public, and like them we have a right to enter the building." Meanwhile, a crowd of about 100 were seen picketing outside the Durban Magistrate's Court. Protestors held a big banner that read: "We shall take arms if need be to support ANC president Jacob Gedleyihlekisa Zuma."

In KwaMashu, police spokesperson Constable Siwe Nxumalo reported that at least 300 supporters were protesting outside the Ntuzuma Magistrate's Court. At the Umlazi court, police spokesperson Superintendent Danelia Veldhuizen said there were about 100 protesters. There were unconfirmed reports of cases at the court being rolled over due to high noise levels. Captain Edmund Singh said a small group of about 50 protesters had gathered at the Chatsworth Magistrate's Court. Overall, Mchunu declared Friday's protests successful. Another protest is planned for September 10 outside the NPA's offices in Durban.

On the eve of September 12, when Zuma finds out whether Judge Chris Nicholson has ruled in his favour to have the decision to charge him declared unlawful, protesters will converge on Pietermaritzburg's Freedom Square for a night vigil. Zuma faces charges that include corruption and fraud. He was charged in 2005 but that case was struck from the roll in 2006. He was re-charged in December 2007.

Two Thint companies -- Thint Holding (Southern Africa) Pty Ltd and Thint (Pty) Ltd -- are South African subsidiaries of the French arms manufacturing giant Thales International (formerly Thomson-CFS) and they also face similar charges for allegedly paying him bribes.

Source: Mail & Guardian

ANCYL takes aim at Scorpions

The “grandiose” media tactics employed by the Scorpions may have influenced the judiciary into believing offences had been committed, the ANC Youth League said on Tuesday.

Source: Mail & Guardian

Fasting not fighting as Muslims mark Ramadan

Muslims around the world this week begin the fasting and feasting month of Ramadan amid hopes of violence easing in some of the Islamic world's conflict hotspots.

Source: Mail & Guardian

Holomisa asks who is in charge of South Africa

Corruption emerged after the ruling African National Congress invested billions on arms and weaponry, said Bantu Holomisa, leader of the United Democratic Movement (UDM), on Saturday.

Holomisa said it was unclear who was in charge of the country.

"Is it the party in government or their head office outside government?" he asked.

"There have been attacks and manipulation of the Scorpions, the public broadcaster and the judiciary," he said.

Source: Mail & Guardian

M&G Media buys back M&G Online

In a major strike for our independence, M&G Media has bought back the Mail & Guardian Online from MWeb, which has owned a stake since 1995.

Source: Mail & Guardian

A welcome voice of reason

ANC deputy president Kgalema Motlanthe stands at the Motlanthe's moderate centre, and he has the guts and integrity to stand up for what he thinks is right, even if that makes him unpopular. And although he almost certainly has his eye on high government office -- what politician doesn't -- he is not unhinged by ambition.

In this edition we publish an interview with Motlanthe in which he frankly takes on the mindless militancy of the hardliners in his party, particularly its youth wing, and among its communist and trade union allies. He defends the judiciary, pointing out that it has a decisive long-term role to play in our democracy, independently of the personalities who may happen to occupy the Bench. He has consistently claimed that Jacob Zuma is the victim of political persecution, but significantly, has not added his voice to the chorus of demands for the dropping of charges against the ANC president.

Source: Mail & Guardian

Court slams the incredible Mr Simelane

Justice Department Director General Menzi Simelane received a harsh rebuke from Constitutional Court judges this week for not taking seriously a challenge to the dissolution of the Scorpions by businessman Bob Glenister.

Yacoob started his questioning of government's senior counsel Tshepo Sibeko by asking him why Simelane said nothing in his affidavit about the Bills when he knew "the decision was in the pipeline".

Government must account fully in court papers and look beyond technical positions, Yacoob said.

"Government must respond fully, frankly and openly to affidavits. This is a very serious matter."

Source: Mail & Guardian

Key affidavit used to smear Scorpions

As the fate of the Scorpions hangs in the balance, an investigation by the Mail & Guardian has uncovered a key document used to discredit the unit.

Source: Mail & Guardian

'Cabinet acted unlawfully'?

Businessman Hugh Glenister's lawyer argued hard in the Constitutional Court on Wednesday to stop the legislation that would move the Scorpions to the police.

But, the judges of the court kept expressing concerns over the ramifications of the intervention in the parliamentary processes. "This is a case where initiating the legislation gives rise to the destruction of an institution," argued Glenister's lawyer, David Unterhalter. He submitted that by initiating legislation made on a resolution made by the ruling African National Congress, Cabinet was subordinating the law so that certain ANC national executive committee members could avoid scrutiny.

Unterhalter said the separation of powers was just a doctrine of prudence and there could be cases which justified judicial intervention in parliamentary process.He said the Cabinet had acted unconstitutionally by initiating the legislation and this gave the Constitutional Court the power to intervene.

But the judges remained sceptical. Judge Sandile Ngcobo said: "These considerations should be placed before parliament. Presently there are hearings which are hearing these issues. "And, presently we are sitting as the court looking at these issues. That just can't be right... That just can't be right." Judge Kate O'Regan said it was speculative to argue that the Scorpions would be ineffective until the process was complete. She was also not convinced that staff departures during the legislative process were cataclysmic. She calculated that only about 10% of the Scorpions? staff had left. "I am not sure that is the cataclysmic kind of effect that requires interfering with parliament," she said

Source: News 24

Scorpions battle: Concern over separation of powers

The justices of the Constitutional Court on Wednesday repeatedly expressed concern that they might be usurping the role of Parliament by deciding on the constitutionality of legislation currently under way that is aimed at disbanding the Scorpions.

Source; Mail & Guardian

Guerrilla chief to head government in Nepal

The leader of the decade-long Maoist rebellion in Nepal was finally elected prime minister on Friday, after four months of political wrangling. His victory sets the stage for the former rebels' toughest challenge: how to uplift the lives of 27 million people in one of the poorest countries in the world, at a time of soaring food and fuel prices.

Pushpa Kamal Dahal, who goes by the nom de guerre Prachanda, or "the fierce one" in Nepali, won more than two-thirds of 577 votes cast in the Constituent Assembly. His election had been expected since April, when the Maoists won a majority in a special assembly elected both to draft a new constitution and to form a government. For four months, however, the nation's oldest party, Nepali Congress, with a long list of grievances against the Maoists, blocked their bid to lead a government of national consensus. The election of the prime minister opens the way to establish a democratically elected government in Nepal. That will be a milestone in resolving the decade-long civil war, a conflict that claimed the lives of an estimated 13,000 people before it ended with a peace accord in 2006.

The Maoists have already achieved their main goal, the ending of 239 years of Hindu monarchy. At its first session, in May, a constituent assembly declared Nepal a federal republic. The former king, Gyanendra, the world's last Hindu monarch, was forced to vacate the main palace here and live as a commoner. On Friday, Prachanda, 54, won with the support of three of four biggest parties in the 601-member assembly. Nepali Congress still refused to support his Communist Party of Nepal (Maoist), accusing its youth force of brutality. It also objected that the Maoists had not returned private property seized from political opponents during the war.

Prachanda defeated Sher Bahadur Deuba, a three-time former prime minister from Nepali Congress. A senior Maoist leader, Baburam Bhattarai, said Friday that political leaders of the party would no longer hold positions in its armed wing, the People's Liberation Army. He also pledged that the party would return seized property to its owners. Since shedding his fatigues and transforming himself into a politician, Prachanda has sought to cast his organization as a political party that merits the trust of the Nepalese people and foreign donors. As they form a government, the Maoists face their biggest challenge ever. Fuel is in short supply in the cities and hunger looms in the countryside. They will also press to integrate their former fighters into the Nepal army, a demand that the army will likely resist vigorously.

The Maoists remain on the U.S. list of banned terrorist organizations, although U.S. officials, apparently pragmatic, have established contact with their political leaders, including Prachanda.

Source: New York Times

Scorpions controlled by CIA, MI5 - Kikine

British intelligence organisation MI5 and the United States' Central Intelligence Agency (CIA) are the masters of South Africa's elite crime fighting unit, the Scorpions, a public hearing into their dissolution heard in Durban on Tuesday.

Sam Kikine, the head of the International Traditional and Medicine Research Council, accused these two organisations of controlling the Scorpions. "Why have the Scorpions not investigated [chemical warfare expert]Wouter Basson and the CIA who have created this Aids? The Scorpions are working for MI5 and the CIA and not for South Africa," he told the hearing at the Umlazi Indoor Sports Complex. Kikine claimed that the Scorpions were loaded with apartheid era "special branch" operatives, who had also been responsible for the death of activist and lawyer Griffiths Mxenge, who was assassinated in 1981. Kikine said the council was supporting the proposed legislation to replace the Directorate of Special Operations, known as the Scorpions, with a new division within the South African Police Service, known as the Directorate for Priority Crime Investigation.

The hearings earlier kicked off amid singing and toyi-toying amid a heavy police presence. A crowd of about 80 Congress of South African Trade Unions (Cosatu) supporters had gathered outside the building before entering the complex singing. Many in the crowd wore shirts bearing logos of Cosatu's various member unions, while some wore shirts in support of African National Congress president Jacob Zuma. At one stage the crowd broke into Zuma's trademark "awulethu' mshini wami" song, taunting local Democratic Alliance supporters who had also turned up for the hearing. South African Communist Party (SACP) provincial secretary Themba Mthembu called for the inclusion of the Scorpions into the South African Police, because "integration would streamline and strengthen capacity in the fight against crime".

He said the SACP agreed with most of the findings of the Khampepe Commission, with the exception of keeping the unit separate from the police. The Democratic Alliance's KwaZulu-Natal safety and security spokesman Radley Keyes called for the retention of the unit, saying that it had achieved much. He said that one hearing in the province was insufficient and questioned whether the parliamentarians would take heed of the representations.

Keyes pointed to "the futility" of public representations of Matatiele where, despite residents' overwhelming support to remain in the province, the government had nevertheless supported the municipality's inclusion in the Eastern Cape. African Christian Democratic Party representative Cyril George described the Scorpions as "the sunlight that exposed crime". The South African Democratic Teachers Union secretary general Sipho "KK" Nkosi claimed that the Scorpions had been created by a political decision. "Disbanding it requires a political decision. The Scorpions chose some prime cases because they were serving the interests of their own political masters," he said. He criticised the Scorpions for highlighting their successes in the media. "Where they have not succeeded they have been mum to the media," he said.

Parliament's portfolio committees on justice and constitutional development, and safety and security were holding the hearings, which started on Monday and were expected to finish on Friday. Members of the public have until August 20 to hand in their written submissions against the disbanding.

Source: Polity

Govt eyes improved criminal justice system

The flaws in South Africa's criminal justice system need to be fixed "yesterday", Deputy Minister of Justice and Constitutional Development Johnny de Lange said on Wednesday. "We need to do this in the shortest possible time. In fact, yesterday," he told reporters in Pretoria.

De Lange said such a review will reward the country with swift, equitable and fair justice in criminal matters. A key shortcoming at the moment is that the system is being managed by different departments what have no authority over each other. "Police, driven by targets, send dockets to court; prosecutors, also driven by targets, bargain with the perpetrators when they see that the case will take them longer," he said. This is counter-productive and no one, including opposition parties, has picked it up. In the reviewed system a top detective and a prosecutor will work together to screen dockets to ensure that only trial-ready dockets are put on court rolls.

In November last year, Cabinet approved a target of seven fundamental changes aimed at achieving a dynamic and coordinated criminal justice system. The seven-point plan envisages a criminal justice system with a single set of objectives, priorities and performance measurement targets. He said the new process will ensure that courts are focused on trials, rather than administrative functions. "The outcome of these changes will be a reduction of case cycle and the number of hearings per case," he said.

A major change will be that witnesses will only be subpoenaed to appear in court once a trial has started. In the current system they have to be in court even though the case is not ready for trial. He said a number of initiatives have been identified and some of these are being tested in pilot sites or are awaiting infrastructure before they can be fully implemented. "The outcome of these will be seen over a period of time," he said.

De Lange pointed out that the review of the criminal justice system started before the discussion on the future of the Scorpions. "The Scorpion issue is a parliamentary matter, which I can not comment on," he said.

Irene Grootboom dies homeless and penniless

Irene Grootboom was the woman whose name became known around the world for enforcing the state's obligation to respect socio-economic rights, especially of the homeless.

Yet, when she died this week in her forties, she was still homeless and penniless.

Eight years ago the Constitutional Court ruled in Grootboom's favour, saying that she and others living in an informal settlement on Wallacedene sports ground near Kraaifontein could not be evicted without being given alternative accommodation.

Crucially, the court found that the primary failure by the state was the inadequate housing programme, which didn't make sufficient provision for people in urgent need.

"She was a true hero, a genuine leader of her people, a hero of the working class, a symbol of hope to the poor, homeless and marginalised. Her courage and commitment to the creation of a society in which all enjoy a better life will be sorely missed," Skwatsha said.

Source: Mail and Guardian

President detained in Mauritania coup

Troops overthrew Mauritania's president in a military coup on Wednesday after he tried to sack senior army officers accused of being behind a political crisis destabilising the country. President Sidi Ould Cheikh Abdallahi was arrested as troops rolled through the capital Nouakchott and took over the presidential palace and the prime minister's office. They chased staff from the headquarters of state radio and television, though there was no sign of fighting in the city. A statement read on public radio said the coup was led by the head of the presidential guard, General Ould Abdel Aziz, who had been sacked earlier in the morning.

The coup leaders formed a Military State Council and immediately annulled the army appointments made by the president, according to an information ministry statement broadcast on the radio. "The president has just been arrested by a commando, who came to fetch him, arrested him here and took him away," the president's daughter, Amal Mint Cheikh Abdallahi, told Radio France International from the presidential palace in Nouakchott. "This is a real coup d'etat," she said.

Abdallahi said armed men had occupied the presidency and that she was being prevented from leaving the building, but that she had not heard shots fired. The president's whereabouts were unknown, while Prime Minister Yahya Ould Ahmed Waghf was taken to an army barracks near the presidency, security sources said. A spokesman for the ousted president told AFP that the coup was in response to a presidential decree several high ranking army leaders including General Abdel Aziz. The president "issued a decree naming several new officers as the head of the presidential guard, the head of the armed forces and the head of the national guard. "These officers, three generals, refused to accept the presidential decree and are rebelling against the constitutional order," the spokesman Abdoulaye Mahmadou Ba said.

The capital of the nation of 3.1 million people was reported to be calm, with little evidence of the turmoil, witnesses said. The coup came less than six months after Abdallahi came to power in elections hailed as a model of democracy for Africa, following a three-year transition after a bloodless coup in August 2005.

Mauritania has been facing a political crisis and on Monday 48 MPs walked out on the ruling party less than two weeks after a vote of no confidence in the government prompted a cabinet reshuffle. Renegade lawmakers criticised Abdallahi's exercise of "personal power", adding that he had "disappointed the hopes of Mauritanians," a spokesman for the group said on Monday. A decree read out on national radio early Wednesday replaced General Ould Cheikh Mohamed Ahmed as chief of the army, as well as sacking Abdel Aziz as head of the presidential guard. Both generals were members of the transition council which ushered in the elections which Abdallahi won in 2007. Political observers in Nouakchott said the two generals were accused of being behind the mass walkout of ruling party MPs on Monday. The breakaway MPs said they will form a new party to seek a change of direction in the country, which imports more than 70 percent of its food and has been hard hit by the global food crisis.

The Mauritanian president last month threatened to dissolve parliament after MPs filed a motion of no confidence in his new government, which then resigned. A spokesman for the MPs who walked out said the president was "reaping the fruits of his bad decisions". "By his decision to oust the generals he attacked the army head on, who reacted by deposing him" deputy Sidi Mohamed Ould Maham told AFP. The largely desertified country has a history of coups since its independence from France in 1960.

Mauritania was shaken between December 2007 and February 2008 by three attacks by extremists linked to Al-Qaeda which left seven people dead including four French tourists. The attacks caused the organisers of the 2008 Dakar rally to cancel the race, which usually crosses the Mauritanian deserts.

Source: AFP