On March 14 2009, Moss Phakoe – a beloved husband, son, brother and father, a dedicated trade unionist and a committed ANC councillor – was gunned down, aged 52, in his car in Rustenburg as he arrived home after putting up posters for the ANC election campaign.
Moss Phakoe started as a shop steward at the ATC factory in Brits. He was instrumental in establishing the then banned ANC in the region, for which he was brutally assaulted by the Bophuthatswana police. He became an organiser in the National Union of Metalworkers, but prioritised his work in the ANC, becoming a municipal councillor in 2002. He served as a member of the mayoral committee until he was removed three times by Rustenburg’s then mayor, Matthew Wolmarans, for trying to expose corruption. He was a perfect example of what a revolutionary activist should be: serving the people, expecting no personal reward and determined to expose those betraying our liberation movement through crime and corruption, which robs us of services and rots the moral fibre of our society.
This week, more than three years after Phakoe’s brutal assassination, Matthew Wolmarans and his former bodyguard, Enoch Matshaba, were convicted for the murder and sentenced to 20 years in jail and life imprisonment, respectively. MossPhakoe’s tragic story provides a shocking insight into the crisis of crime and corruption in our country. He sacrificed his life for blowing the whistle on corruption in the Bojanala Platinum District Municipality in North West.
Just before his assassination, Phakoe handed Wolmarans a dossier that implicated numerous politicians in acts of corruption in the municipality. He also had evidence of fraud in North West drought-relief projects. R33 million had been allocated for drought relief, but none of the money reached the communities in need. Instead, it was siphoned off through companies. Comrade Moss handed documents proving this fraud to the then minister for cooperative governance and traditional affairs, Sicelo Shiceka. Shiceka said he gave the documents to the Special Investigating Unit (SIU).
On the day of his funeral, the then provincial premier, Edna Molewa, said Phakoe’s death was a tragic loss of a loyal servant of the people of North West. She, Shiceka and the SAPS provincial commissioner all gave guarantees that investigations were at an advanced stage and an arrest was imminent. Yet for more than three years, MossPhakoe’s family and Cosatu’s North West provincial secretary, Solly Phetoe, bravely battled to bring the killers to justice. It meant march after march and endless demands that leads be followed up. Phetoe’s untiring efforts in this regard earned him so many enemies Cosatu was forced to hire bodyguards for him. Everything possible was done to delay the police investigation, protect the culprits and keep the truth from the people. Friends of the murderers even mobilised sycophants from the ANC to display the movement’s sacred ANC symbols outside court in support of the killers. Regrettably, those who bussed in these protesters remain members and leaders of the movement.
Allegations remain that others may be implicated in the murder, and Cosatu is continuing to demand the original report Phakoe submitted to be published and the whole truth be uncovered. We also demand the immediate release of a report by the SIU on corruption in 24 municipalities in the North West, which Shiceka promised the Cosatu central executive committee would be handed over but still has not. We need this to ensure those implicated do not go back to their offices to continue corruption.
City Press has reported that since MossPhakoe’s death, even more allegations of fraud and corruption in the province have surfaced, and are being probed by the Hawks. Former Madibeng municipal manager Philemon Mapulane was arrested and charged with fraud and corruption for allegedly receiving bribes for tenders worth R100 million.
Other Madibeng officials have been arrested and charged, and no fewer than 28 cases of fraud and theft involving amounts ranging from R61 000 to R30 million are being investigated. The best memorial to MossPhakoe will be to take forward the crusade he lived and died for – to rid our country of corruption and revive our traditions of selfless service to the people. We must root out the corrupt few who tarnish the image of the many who are decent and honest. Let us hope that all those facing charges of corruption and murder will now face the full force of the law – and that we see no more demonstrations of support for them.
Cosatu is campaigning that in Mangaung the ANC will endorse a call for those facing allegations of murder, rape and corruption to be forced to step aside while investigations take place, and that they only return to their positions once cleared. This is a big move that can help to clean up the image of our movement.
Cosatu has been in the vanguard of the fight to root out corruption. That is why we have set up Corruption Watch. We are determined to track down those hijacking our movement to make money, regardless of their connections, and ensure that they are brought to court and, if found guilty, punished severely. That is why we demand the Protection of State Information Bill. Although much improved, it must still be amended to ensure that officials cannot classify evidence of corruption as “secret” in order to punish whistle-blowers.
Cosatu has also called on the Protected Disclosures Act to be amended. Currently, this provides protection to employees only and excludes other individuals such as independent contractors and suppliers or recipients of services. Nepotism, patronage, corruption and greed are not only destroying the ethic of self-sacrifice and service to the people that has traditionally characterised our revolutionary movement. They are also exacerbating divisions and factionalism, which increasingly are not about ideology, but about access to tenders and contracts.
Leadership contests are now less about political principles than about which faction of which individual will advance business careers and fill bank accounts. The worst problem of all is the emergence of death squads. Political killings are on the rise, in particular in Mpumalanga, KwaZulu-Natal and the Eastern Cape. If this continues, anyone who speaks out will be silenced, the entire state will be auctioned to the highest bidder and we shall be well on our way to becoming a corrupt banana republic.
We owe it to Comrade Moss Phakoe’s memory to take a stand and say no to corruption.
Source: City Press
Showing posts with label Enoch Matshaba. Show all posts
Showing posts with label Enoch Matshaba. Show all posts
Sunday, July 22, 2012
Friday, July 20, 2012
ANC hails Wolmarans prosecution
The ANC has welcomed the prosecution of former Rustenburg mayor Matthews Wolmarans.
“The successful prosecution... is a demonstration once more that this country cannot afford crime in whatever form and irrespective of who commits it,” African National Congress spokesman Jackson Mthembu said on Friday. “The ANC... is disappointed that a senior member of the organisation... has been found guilty of the murder of a whistleblower and a fellow ANC councillor,” he said in a statement.
Wolmarans was jailed for 20 years on Tuesday for the murder of Moss Phakoe. The Rustenburg High Court also sentenced Wolmarans's former bodyguard Enoch Matshaba to life in prison. Matshaba was arrested on August 4, 2011, after a witness told the police in Bela Bela about the crime. He saw Matshaba holding a gun at Phakoe's home just after hearing two gunshots. Wolmarans was arrested on September 24, 2011, together with Amos Mataboge and Oupa Mphomane. Charges against Mataboge and Mphomane were dropped.
Phakoe was shot dead at his home in Rustenburg north in March 2009 after handing over a dossier detailing corruption in the municipality to high-ranking ANC officials, including secretary general Gwede Mantashe and President Jacob Zuma. Phakoe also gave the dossier to former co-operative governance minister Sicelo Shiceka, in the presence of Wolmarans.
Jackson said: “The ANC has never lived with nor tolerated political assassins and we therefore condemn in strongest terms the act of political murder instigated by the former mayor.” The ANC would refer the matter to its national disciplinary committee. “We are confident that our disciplinary structures will deal with matter expeditiously and arrive at a sanction that will be commensurate to the serious offence committed by these comrades,” said Mthembu.
Source: IoL
“The successful prosecution... is a demonstration once more that this country cannot afford crime in whatever form and irrespective of who commits it,” African National Congress spokesman Jackson Mthembu said on Friday. “The ANC... is disappointed that a senior member of the organisation... has been found guilty of the murder of a whistleblower and a fellow ANC councillor,” he said in a statement.
Wolmarans was jailed for 20 years on Tuesday for the murder of Moss Phakoe. The Rustenburg High Court also sentenced Wolmarans's former bodyguard Enoch Matshaba to life in prison. Matshaba was arrested on August 4, 2011, after a witness told the police in Bela Bela about the crime. He saw Matshaba holding a gun at Phakoe's home just after hearing two gunshots. Wolmarans was arrested on September 24, 2011, together with Amos Mataboge and Oupa Mphomane. Charges against Mataboge and Mphomane were dropped.
Phakoe was shot dead at his home in Rustenburg north in March 2009 after handing over a dossier detailing corruption in the municipality to high-ranking ANC officials, including secretary general Gwede Mantashe and President Jacob Zuma. Phakoe also gave the dossier to former co-operative governance minister Sicelo Shiceka, in the presence of Wolmarans.
Jackson said: “The ANC has never lived with nor tolerated political assassins and we therefore condemn in strongest terms the act of political murder instigated by the former mayor.” The ANC would refer the matter to its national disciplinary committee. “We are confident that our disciplinary structures will deal with matter expeditiously and arrive at a sanction that will be commensurate to the serious offence committed by these comrades,” said Mthembu.
Source: IoL
Sunday, March 11, 2012
A political solution that killed
Some of the most upsetting evidence heard by a South African court after the advent of democracy was delivered last week in the North West, largely unnoticed by the mainstream media. The testimony that ANC councillor Alfred Motsi gave under oath in the Mahikeng High Court should send shivers down the spines of all peace-loving South Africans. Motsi testified against former Rustenburg mayor Matthews Wolmarans and his bodyguard, Enoch Matshaba, who are accused of gunning down former councillor and trade unionist Moss Phakoe in his driveway after returning home from an ANC meeting in Rustenburg in March 2009.
Motsi’s evidence is yet to be challenged. The most chilling part of the case against Phakoe’s alleged killers is not the murder, but the events preceding his untimely death. Motsi’s version provided fascinating, yet frightening, insights into how the ANC under President Jacob Zuma is “dealing” with corruption.
In a nutshell, Phakoe stumbled upon evidence implicating Wolmarans – then the mayor of Rustenburg – in corruption. Motsi testified he and Phakoe compiled a dossier of the alleged corruption. As loyal cadres, they decided to first present their evidence to the ANC before going to the police. But nothing came of meetings with the ANC’s regional or North West leadership, or of a meeting with ANC heavyweights Billy Masetlha and Siphiwe Nyanda. They delivered their evidence to the offices of ANC secretary-general Gwede Mantashe and then president Kgalema Motlanthe, all to no avail, testified Motsi.
After five failed attempts to get the attention of the ANC, Phakoe and Motsi delivered documentation to Zuma’s Forest Town house. Zuma responded by inviting them to Nkandla over the 2008 Christmas period. At the time, Zuma himself was accused of corruption and debates about a “political solution” to make his legal problem evaporate were abound. After travelling the length and breadth of the country to get to Zuma’s homestead, the politicians spent “almost a whole night” with Zuma and presented their evidence to him.
A month later, Phakoe, Motsi and other ANC councillors met Zuma, Motlanthe, Mantashe and other ANC top brass in Potchefstroom. They again presented their dossier of corruption claims against Wolmarans and were told that then cooperative governance and traditional affairs minister Sicelo Shiceka would call a meeting “to solve the problem”. On the seventh attempt to have the issue addressed, Phakoe addressed a meeting chaired by Shiceka in March 2009, where he again presented his dossier. Curiously, Wolmarans, who Phakoe had implicated in serious corruption, was present. Before Phakoe addressed the meeting, Motsi testified, he looked Wolmarans in the eye and said: “Hate me, but don’t hurt me.”
Two days later, Phakoe was shot dead in a hit allegedly masterminded by Wolmarans and his bodyguard. If ever the ANC and Zuma needed a reason corruption should be dealt with by the criminal justice system – and not through some comradely political solution behind close doors – the dead body of Moss Phakoe is that reason. Here was a whistle-blower who put his life – literally – on the line to give effect to Zuma’s plea in his 2009 state of the nation address for citizens to “report crime and assist the police with information to catch wrongdoers”. Unfortunately, Moss Phakoe learned the hard way that Zuma maybe didn’t refer to corruption when he spoke of “crime” in his speech – especially when senior comrades are involved.
Taking into account the Phakoe case, Zuma’s own aborted corruption prosecution and recent turmoil in the criminal justice sector, the hard question that must be asked is whether the ANC is consciously undermining the rule of law in favour of “political solutions” for politically connected individuals.
Since Zuma’s election as ANC leader in 2007, corruption-fighting institutions have been weakened substantially. The Scorpions were closed down, which led to an outflow of skilled forensic investigators and analysts to the private sector.
The Hawks, which replaced the Scorpions, were in effect an amalgamation of the police’s serious and violent crimes unit and commercial branch.
The unit’s corruption successes, albeit laudable, are mostly limited to lower-level officials, cheque fraud or small-town crooks. Bigger cases, like the fraud trial against Czech mafioso Radovan Krejcir, seem to be falling apart.
At the same time, Public Protector Thuli Madonsela has become the face of corruption busting in the country, although she does not have the powers to prosecute.
Those fingered by her investigations are rapped over the knuckles, but seldom face the consequences of their deeds in court.
The corruption and money laundering investigation into expelled ANC Youth League leader Julius Malema will be an important test for the state’s will and ability to prosecute the connected and powerful.
Malema will have taken tips from Zuma’s manoeuvring to escape prosecution. We can be sure that he and his supporters will push for a “political solution” to make possible charges go away.
But this is not justice – as Moss Phakoe learned in such a brutal and undignified way.
Source: City Press
Motsi’s evidence is yet to be challenged. The most chilling part of the case against Phakoe’s alleged killers is not the murder, but the events preceding his untimely death. Motsi’s version provided fascinating, yet frightening, insights into how the ANC under President Jacob Zuma is “dealing” with corruption.
In a nutshell, Phakoe stumbled upon evidence implicating Wolmarans – then the mayor of Rustenburg – in corruption. Motsi testified he and Phakoe compiled a dossier of the alleged corruption. As loyal cadres, they decided to first present their evidence to the ANC before going to the police. But nothing came of meetings with the ANC’s regional or North West leadership, or of a meeting with ANC heavyweights Billy Masetlha and Siphiwe Nyanda. They delivered their evidence to the offices of ANC secretary-general Gwede Mantashe and then president Kgalema Motlanthe, all to no avail, testified Motsi.
After five failed attempts to get the attention of the ANC, Phakoe and Motsi delivered documentation to Zuma’s Forest Town house. Zuma responded by inviting them to Nkandla over the 2008 Christmas period. At the time, Zuma himself was accused of corruption and debates about a “political solution” to make his legal problem evaporate were abound. After travelling the length and breadth of the country to get to Zuma’s homestead, the politicians spent “almost a whole night” with Zuma and presented their evidence to him.
A month later, Phakoe, Motsi and other ANC councillors met Zuma, Motlanthe, Mantashe and other ANC top brass in Potchefstroom. They again presented their dossier of corruption claims against Wolmarans and were told that then cooperative governance and traditional affairs minister Sicelo Shiceka would call a meeting “to solve the problem”. On the seventh attempt to have the issue addressed, Phakoe addressed a meeting chaired by Shiceka in March 2009, where he again presented his dossier. Curiously, Wolmarans, who Phakoe had implicated in serious corruption, was present. Before Phakoe addressed the meeting, Motsi testified, he looked Wolmarans in the eye and said: “Hate me, but don’t hurt me.”
Two days later, Phakoe was shot dead in a hit allegedly masterminded by Wolmarans and his bodyguard. If ever the ANC and Zuma needed a reason corruption should be dealt with by the criminal justice system – and not through some comradely political solution behind close doors – the dead body of Moss Phakoe is that reason. Here was a whistle-blower who put his life – literally – on the line to give effect to Zuma’s plea in his 2009 state of the nation address for citizens to “report crime and assist the police with information to catch wrongdoers”. Unfortunately, Moss Phakoe learned the hard way that Zuma maybe didn’t refer to corruption when he spoke of “crime” in his speech – especially when senior comrades are involved.
Taking into account the Phakoe case, Zuma’s own aborted corruption prosecution and recent turmoil in the criminal justice sector, the hard question that must be asked is whether the ANC is consciously undermining the rule of law in favour of “political solutions” for politically connected individuals.
Since Zuma’s election as ANC leader in 2007, corruption-fighting institutions have been weakened substantially. The Scorpions were closed down, which led to an outflow of skilled forensic investigators and analysts to the private sector.
The Hawks, which replaced the Scorpions, were in effect an amalgamation of the police’s serious and violent crimes unit and commercial branch.
The unit’s corruption successes, albeit laudable, are mostly limited to lower-level officials, cheque fraud or small-town crooks. Bigger cases, like the fraud trial against Czech mafioso Radovan Krejcir, seem to be falling apart.
At the same time, Public Protector Thuli Madonsela has become the face of corruption busting in the country, although she does not have the powers to prosecute.
Those fingered by her investigations are rapped over the knuckles, but seldom face the consequences of their deeds in court.
The corruption and money laundering investigation into expelled ANC Youth League leader Julius Malema will be an important test for the state’s will and ability to prosecute the connected and powerful.
Malema will have taken tips from Zuma’s manoeuvring to escape prosecution. We can be sure that he and his supporters will push for a “political solution” to make possible charges go away.
But this is not justice – as Moss Phakoe learned in such a brutal and undignified way.
Source: City Press
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