Nasty, brutish and short

What can ordinary citizens do when the state – at either national, provincial or local government level – fails to fulfil its most basic obligations towards citizens to create the conditions that make it possible for them to live meaningful lives and to flourish? In developing his concept that a modern state is based on social contract between the governed and those who govern, Thomas Hobbes famously wrote that life in a state of nature is “solitary, poor, nasty, brutish and short”.

In such a state of nature, Hobbes argued, people fear death, and lack access to both the basic conditions that make a meaningful life possible, and the hope of being able to work to obtain a better life for themselves. In order to avoid this perilous state of affairs, people accede to a social contract and establish a civil society. According to Hobbes, society is a population beneath a sovereign authority (the state), to whom all individuals in that society cede some rights for the sake of protection. Any abuses of power by this authority are to be accepted as the price of peace.

In today’s human rights dominated world, the idea that we should accept abuses of power by those in authority merely because they create the basic conditions within which a meaningful life becomes possible, has been entirely discredited. But the fiction that we enter into a social contract with those in authority by ceding some of our freedom to them in exchange for the provision of basic services, still holds sway. When the state then reneges on its part of the bargain and fails to provide even the most basic minimum services to citizens, the mythical social contract breaks down completely.

This seems to have happened in the Gert Sibande municipality in Mpumalanga, where the 17000 citizens of Carolina seem not to have had access to sufficiently clean water since January (although this is being disputed by the officials and politicians) when the dam that supplies water to Carolina was polluted with acid mine water.

In response to this complete failure by the municipality to secure the provision of clean water, some residents of Carolina – with the assistance of Lawyers for Human Rights (LHR) and the Legal Resources Centre (LRC) – approached the North Gauteng High Court. Yesterday judge Moses Mavundla gave the acting executive mayor of the Gert Sibande municipality, Tunu Agnes Mnisi, and municipal manager DV Ngcobo, 72 hours to provide the 17000 citizens of Carolina, in Mpumalanga, with potable water.

The municipality had placed water tanks around town after disaster struck, but according to residents from early March 2012, until beginning of May 2012, the system of providing potable water through the tanks proved inadequate. Sometimes some of the tanks were not refilled, some remained empty. The tanks were accessed on “first come first served” basis. The end result was that the water supply in general was inadequate. Some of the residents have to walk long distances to access the potable water from the tanks.

Section 27 of the Constitution states that “[e]veryone has the right to have access to … sufficient food and water” and places a positive duty on the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation” of this right. The right to water is further amplified in the Water Services Act which states that every water services authority has a duty to all consumers or potential consumers in its area of jurisdiction to progressively ensure efficient, affordable, economical and sustainable access to water services. The Act also states that this duty is subject to, inter alia, the availability of resources and the need to regulate access to water services in an equitable way.

Where access to clean water is not provided because of a failure on the part of the municipality to take reasonable steps to ensure continued access to clean water, the right of access to water as protected in section 27 of the Act, read with the provisions of the Water Services Act, is being denied to citizens.

Of course, the crisis was originally caused by mines who failed to take steps to prevent the pollution of the dam with acid mine water. In terms of legislation they can be held financially liable for the damage they caused. But the mines are not constitutionally and legally obliged to provide the residents of Carolina with clean drinking water. That duty falls squarely on the municipality.

It was therefore disappointing to read comments by Water and Environmental Affairs Minister Edna Molewa that the court action brought by the residents provides evidence of a war against the state. “The mines were not cited in the court action.… You know, there is a war against the state,” said Ms Molewa at a Pretoria media briefing on Judge Mavundla’s ruling. The judge made no order against the Department of Water Affairs.

No Minister, there is no war against the state. Where the state fails to provide even the most basic services to citizens due to incompetence, laziness, arrogance, corruption or nepotism and in complete disregard of the basic needs of citizens, those citizens have a right and a duty to approach a court to try and get the relevant municipality to do what it is legally required to do. When the citizens do this and when the court then orders the municipality to do what it is legally required to do, it is not at war with the state but is in fact correcting the most basic breach of the social contract between the state and its citizens, saving the state from complete collapse.

Besides, as LRC attorney Naseema Fakir explained, although the LRC and the LHR had considered adding the mines to the action, it was felt that it was important to get water to Carolina’s residents as soon as possible. If the mines had been added as respondents, the application for an urgent court order would not have been granted. This is because the mines are not the ones who are constitutionally and legally obliged to provide citizens with clean water.

The Minister’s attitude is strange and troubling indeed. Instead of apologising to the citizens of Carolina for the criminal negligence of the municipality, she acts as if it is treasonous for citizens to have their most basic rights enforced through the courts. Her comments suggest that she believes that it is not legitimate for the state to be held accountable and to be ordered to take the most basic steps to provide citizens with clean water, without which life itself is not possible.

What is the use of us paying the salaries of the mayor of Gert Sibande municipality (and of the Minister for that matter), when they are not doing their jobs and not protecting us from the chaos of a nasty, brutish and short life? Maybe we should stop paying the Minister’s salary and those of her bodyguards for six months so that she can see how it feels to be treated like dirt.

No Minister, the war, if there is one, is being waged against citizens by tardy and incompetent government officials. As citizens in a constitutional democracy we have a right to approach the court in order to force the government to do its job and if we do we are not waging war against our government – just trying to get it to do what we pay it to do.

Source: Constitutionally Speaking

Farmer gets R1m fine, 8 years in jail for rhino poaching

A Limpopo game farmer has been given an eight-year sentence for his involvement in rhino poaching, according to a report on Wednesday. Jaques Els (39) of Thabazimbi, was also ordered to pay the Green Scorpions R1-million, by the Makhado Magistrate's Court on Monday, Beeld reported. Els was granted bail of R300 000, pending his intention to lodge an appeal. He will appear in court again on June 2. This came as the environmental affairs department took over the release of all information and statistics about rhino poaching.

Albi Modise, the department's director of communications, said on Monday that rhino poaching had reached a crisis point, Beeld reported. Several organisations had been very critical of this decision and accused government of trying to cover up or manipulate information, Modise said. "The only reason why information about rhino poaching is being centralised is because the issue has become a crisis. We want a single message to reach civil society."

The Rhino War News Bulletin, run by Tim Condon, a former KwaZulu-Natal game ranger now based in Canada, reported on Monday that 109 rhinos had been poached in South Africa since the beginning of 2012. Modise said Environmental Affairs Minister Edna Molewa would speak to journalists about the issue over the weekend.

Source: Mail & Guardian

Social Development Minister and Deputy spend big on travel

Edna Molewa, the Minister of Social Development, and her deputy, Edna Molewa, have spent more than R4.4 million in 6 months. This was for travel expenses in first six months of the 2009/10 financial year, according to a reply to a Parliamentary question put by the Democratic Alliance. "At this rate of spending the minister and deputy minister will have spent 9 million rand by the end of the financial year – up 40% from the 6.4 million rand spent in the whole of the last financial year by their predecessors," said Patricia Kopane, the DA spokesperson. .

She added that the 4.4 million rand only includes travel costs – spending incurred on road transport, air tickets and so on. "It excludes accommodation and restaurant costs, which already amount to 1.47 million rand for the first six months of the financial year," Kopane said.

The figures are limited to the amounts spent by the offices of both the minister and deputy – the amount spent by the entire department on travel comes to 21.6 million rand from 1 April until 20 October. "We have no doubt that the minister and her deputy have a very full travel itinerary," Kopane said, "but the fact is that the 40% increase in travel expenditure warrants an explanation".

"Between the minister and her deputy’s offices, about 25,000 rand is being spent on travel every single day."

Source: The Sowetan

Media statement on special leave granted to the Chief Executive Officer of the South African Social Security Agency

Social Development Minister, Mrs Edna Molewa, will soon make a decision on the future of the Chief Executive Officer (CEO) of the South African Social Security Agency (SASSA) Mr Fezile Makiwane. This follows receipt by Minister Molewa of the report by the Special Investigating Unit (SIU) about the investigation pertaining to alleged flouting of the rules pertaining to the Public Finance Management Act (PFMA) and irregular procurement processes by Mr Makiwane in his capacity as the CEO of SASSA.

In July 2009 Minister Molewa and Mr Makiwane mutually agreed on Mr Makiwane taking special leave pending an investigation by the SIU involving 11 transactions.

"As required by law, yesterday, 7 December 2009, I gave the report to Mr Makiwane to allow him an opportunity to respond to the findings. He has until the 18 December to respond, after which I will study his response and announce my decision to the public" Minister Molewa said.

Mr Coceko Pakade who is Chief Financial Officer for the National Department of Social Development has been acting as SASSA CEO since Mr Makiwane went on special leave, and service delivery has not been negatively affected.

Source: Department of Social Development

Govt, unions reach social services agreement

The Social Development Department and unions have agreed to implement the occupation specific dispensation (OSD), backdated to April 1 2008. An agreement was signed to put the OSD into effect for all social service professions and occupations on June 4, read a joint statement by labour and the government issued on Wednesday. "We congratulate all role players and thank the negotiators for their tireless efforts in reaching this historic agreement," Social Development Minister Edna Molewa said in the statement.

The agreement was applicable to social workers, probation officers and assistant probation officers, community development practitioners and child and youth care workers. "We trust that the agreement will be implemented fully and correctly," said labour chairperson at the Public Service Coordinating Bargaining Council and Congress of South African Trade Unions (Cosatu) president Sdumo Dlamini.

The OSD makes provision for a set of salary grades which allow for progression along a career path. It also recognises the experience of social service professionals.

Molewa said: "The implementation of this agreement will enable the sector to attract and retain the current skills force within the public service. It will also bring about uniformity in the remuneration of professionals. "... we will ensure that this agreement is implemented correctly without any further delays." This would happen in July.

Meanwhile, other government departments and unions were meeting to discuss the same issue at the public service's bargaining council on Wednesday. Cosatu spokesperson Sifiso Dlamini said the meeting started at 1pm. The OSD was agreed upon in September 2007 following a crippling public workers' strike, but had not yet been implemented. This had resulted in an outcry by unions such as the Police and Prisons Civil Rights Union (Popcru) and Cosatu. Both Popcru and Cosatu have threatened strikes. Public sector doctors recently embarked on a strike over the OSD.

Dlamini said between two and four negotiators from Cosatu as well as other trade unions would be represented at the meeting. He could not immediately be reached for further comment.

Source: Mail & Guardian

Premier shot at after councillor's funeral

North West Premier Edna Molewa and her husband were shot at while returning from a funeral in Rustenburg, according to a media report on Tuesday. The Star newspaper reported that Molewa and her husband, Richard, were returning from the weekend funeral of slain Rustenburg municipal councillor Moss Phakoe, who was shot dead on March 14.

Since his killing, the ruling African National Congress (ANC) had denied reports of warring factions within the party in the North West. "We were travelling from Rustenburg to Brits when we saw two men standing on top of the bridge. As our motorcade drove under the bridge my car, which was in front, was fired at several times," said Molewa. "We were shocked. It was so unexpected. A number of shots hit the ground in front of our car. Sparks were flying. It is still hard to understand why this happened."

Molewa's security had been beefed up since the incident, reported the Star. "This is scary. It would have been terrible had any of the bullets hit one of the cars. My driver is still in shock, too. He says he can still smell gunfire. His windscreen was narrowly missed," said Molewa.

North West Safety and Transport Minister Phenye Vilakazi had formed a task team to investigate the incident.

Source: Mail & Guardian

Official suspended for R1,1m grant

Paul Mogotlhe, the North West agriculture official reported in the Mail & Guardian to have authorised a R1,1-million government grant to himself, has been suspended. His boss, provincial agriculture minister Jan Serfontein, is also in the firing line. The North West legislature has asked the auditor general to investigate Mogotlhe's claim that he declared the grant and Serfontein approved it.

In a management report in September the auditor general said the department had also awarded contracts worth R2,5-million to Serfontein's Smokey Mountain Trading and bought chickens worth more than R480 000 from his company, Serfontein Kuikens. Last week a furious provincial legislature unanimously voted for Mogo­tlhe's suspension and a probe by the auditor general. DA leader Chris Hattingh tabled the motion after reading the M&G story.

Mogotlhe tried to head off the legislature debate by threatening legal action. Serfontein told the legislature his department would investigate the claims, but members felt the department could not investigate itself. Hattingh then asked for Serfontein's suspension.

Only North West Premier Edna Molewa can suspend Serfontein and the pair are understood to be close. Serfontein said this week that Smokey Mountain Trading was an empowerment company he helped to establish. He said he was a director of the company, but resigned after he was appointed to his current position. He denied that he had a direct interest or shareholding in Serfontein Kuikens, adding that he had never held any directorship or managerial position in the company.

Source: Mail & Guardian

Molewa: Poor struggle to access benefits

Weaknesses in the social security system have resulted in many children continuing to live in dire poverty, Social Development Minister Edna Molewa said on Thursday. Releasing a review of orphans' benefits in Pretoria, Molewa said the problem had become even more serious because of the recession. "The report has found that many children and families struggle to access pension funds to which they are legally entitled to, resulting in many continuing to live in poverty."

The study highlighted that communication between funds and beneficiaries had been poor, resulting in claimants failing to access their funds after the death of parents. Some claimants or their new caregivers were often not even aware that a parent had funds available for them.

Failure to investigate claims also caused frustration and lack of understanding. Hidden costs, inappropriate management, payments to foreign workers and payments to minors were also major obstacles. "It is a national disgrace that today there are hundreds of millions of rands still lying unclaimed in funds while intended beneficiaries live in dire poverty," said Molewa. She said the experience had shown that the current system was unsustainable and should not be allowed to continue.

The study showed where particular emphasis needed to be placed and where certain laws were left wanting. "We can be able to look at the laws and go to Parliament if need be." For the purpose of the study three statutory social insurance schemes and eight major pension funds were selected. This was augmented by individual case studies of claimants.

Source: Mail & Guardian

Edna Molewa: Premier of North West Province

Edna Molewa served in the North West legislature for eight years before she was appointed premier in 2004. She was one of the first women chairpersons of a parliamentary committee, heading trade and industry until 1996, when she became North West minister for tourism, environment and conservation. Two years later, she headed the economic development and tourism portfolio and then moved on to the agriculture, conservation and environment portfolio.

Molewa began her career as a teacher in the 1970s before becoming involved in the underground structures of the liberation movement. She served on various trade union leadership structures: she was a first deputy president of Saccawu, and in women's organisations, she was a member of the Federation of Transvaal Women, then provincial chairperson of the ANC Women's League. She completed courses in economic leadership and administration at two prestigious American institutions: the Wharton School of Business at the University of Pennsylvania, and the Kennedy School of Governance at Harvard University.


Picture: http://www.info.gov.za/images/cabinet/molewa_large.jpg
Source: Mail & Guardian