Rwandan rebel forces, government army soldiers, and their allies have raped at least 90 women and girls since late January 2009 in the volatile North and South Kivu provinces of eastern Democratic Republic of Congo, Human Rights Watch said today. The Rwandan rebel forces have also been implicated in the deaths of most of the 180 civilians killed during this period.
The United Nations Security Council will discuss on April 9 the latest report by the UN secretary-general on the peacekeeping force in Congo. Human Rights Watch called on the UN Security Council to press the Congolese government to remove human rights abusers from its armed forces and end rights violations, including attacks against women and girls.
The Rwandan Hutu militia called the Democratic Forces for the Liberation of Rwanda (FDLR) attacked and burned dozens of villages and towns in Masisi and Lubero territories (North Kivu) as well as in Kalehe territory (South Kivu) in recent weeks, committing numerous deliberate killings, rapes, and acts of looting. Blaming government military operations, the FDLR deliberately targeted civilians, used them as human shields, and accused civilians of having betrayed them. According to witnesses and victims interviewed by Human Rights Watch, the FDLR have been implicated in the killings of at least 154 civilians since January 23.
"The FDLR are deliberately killing and raping Congolese civilians as apparent punishment for the military operations against them," said Anneke Van Woudenberg, senior Africa researcher at Human Rights Watch. "Both the fighters who commit such horrific acts and the rebel commanders who permit them are responsible for war crimes."
The FDLR were temporarily pushed out of their military positions in January and February 2009 following the start of a joint military operation against them by Congolese and Rwandan troops on January 20. Following the withdrawal of Rwandan forces on February 24, military action diminished and the FDLR reoccupied many of their previous positions.
Most recently, at least seven civilians were killed and 24 others wounded during FDLR attacks in http://en.wikipedia.org/wiki/Human_Rights_Watch and Walikale in early April. On March 20, 2009, the FDLR attacked Buhuli, North Kivu, and four other nearby villages, killing at least five civilians, including two women, an elderly man, a 7-year-old girl and 9-year-old boy. On February 13, the FDLR attacked the village of Kipopo, killing at least 13 people, who were burned to death in their homes.
In late February, the FDLR abducted at least a dozen women and girls from Remeka, in Masisi territory, North Kivu. Two women who escaped reported that FDLR combatants brutally killed nine of the women and girls when they resisted attempts to rape them. The fate of the others is unknown.
The Congolese army has also been implicated in numerous rapes. In March, Congolese soldiers raped at least 21 women and girls in southern Masisi and northern Kalehe territories. Many of the victims were violently gang raped while the soldiers were on looting sprees.
On March 24, four women from Ziralo, South Kivu, were returning from the market when they were stopped by a group of army soldiers at a makeshift barricade. The soldiers took the sacks of food the women were carrying and then said they were going to examine the women's vaginas for any hidden money. The soldiers took the women into the nearby forest and gang raped each of them for hours. One woman was six-months pregnant and was raped so brutally that she lost her unborn child.
The recent killings by the rebel group are in addition to those perpetrated by its forces on January 27, when FDLR combatants hacked to death dozens of civilians used as human shields at their military position in Kibua. One witness at Kibua interviewed by Human Rights Watch saw an FDLR combatant batter a 10-year-old girl to death against a brick wall.
According to the United Nations, an estimated 250,000 people have fled their homes since January, adding to hundreds of thousands of others who fled earlier waves of violence.
The Congolese army says it is preparing for the next phase of operations against the FDLR, this time expanding the operations to South Kivu. The army has added over 10,000 additional soldiers from former Congolese rebel groups, including the National Congress for the Defence of the People (CNDP), the Coalition of Congolese Patriotic Resistance (PARECO), and other local militia groups. The rapidly mixed brigades of former enemies have been sent to the front lines with no salaries, rations, or any formal training, increasing the likelihood of future human rights violations.
Serious abuses against civilians by government soldiers have already been reported. Army soldiers killed at least five civilians in Lubero territory in March, some while on looting sprees. In Ziralo, an elderly man was killed by soldiers while they raped his wife and looted his home.
The rapid integration process has included no formal vetting mechanism to stop those with serious records of past human rights abuses from being promoted and integrated into the Congolese army.
Bosco Ntaganda, wanted on an arrest warrant by the International Criminal Court (ICC) for the war crime of enlisting child soldiers and using them in hostilities, was promoted to the position of general in the Congolese army in January 2009. In addition to the ICC charges, Ntaganda has been accused of commanding troops that massacred 150 civilians at Kiwanja in North Kivu province in November 2008.
Jean-Pierre Biyoyo was recently appointed a colonel in the Congolese army despite being found guilty by a Congolese military court in March 2006 of recruiting child soldiers. He later escaped from prison. Both Ntaganda and Biyoyo play an important role in current military operations.
The Congolese army will be supported by the UN peacekeeping mission in Congo, MONUC, in its military operations against the FDLR. MONUC says that its top priority is to protect civilians, but it is not clear how civilians will be protected against further attacks by either FDLR or Congolese army soldiers.
"Protection of civilians can only be taken seriously if known human rights abusers are removed from the ranks of the Congolese army," said Van Woudenberg. "The Security Council should seek an immediate answer from the Congolese government on when it will carry out such arrests and what it will do to stop further rape and killing by its troops before it gives any support to the military operations."
Source: Human Rights Watch
Wednesday, April 8, 2009
Tuesday, April 7, 2009
Private prosecutions are rare - and expensive
Private prosecutions are rare in South African legal history and rarely succeed - perhaps one reason why the Democratic Alliance has decided to first seek a full judicial review of the decision to drop charges against Jacob Zuma.
Under the Criminal Procedure Act, any private person may launch a prosecution if the National Prosecuting Authority declines to prosecute or halts a prosecution and issues a certificate of nolle prosequi (we shall no longer prosecute).
The prosecution would then be initiated by summons.
But such a person would have to prove some substantial and peculiar interest in the issue - and would also have to prove they were a direct victim of the alleged crime.
The act is silent on how a private prosecution would obtain evidence. In the case of Zuma, this evidence is in the hands of the State.
A legal source said the only way to obtain the information would be through an application under the Promotion for Access to Information Act. By applying for a judicial review, the DA may be on firmer legal ground.
Constitutional law expert Pierre de Vos said that while the NPA had the discretion to decide whether to prosecute, it had to make that decision within the terms of the law.
"One could argue a review is necessary in terms of deciding whether the NPA met its constitutional obligations," De Vos said.
"Any decision (on whether to prosecute) would have to be based on the NPA's prosecutions policy spelt out in Section 179 of the constitution.
"The question would be, was that followed when the decision was taken - or was it made on non-legal, or political, grounds? As an organ of state, the NPA can act only in terms of the law."
Professor Marinus Wiechers, retired Unisa professor of constitutional law, said a class-action suit could be another option open to those who wanted to challenge the NPA's decision by way of private prosecution.
"The constitution does make provision for class-action suits, representing a broad public spectrum of interest, so it would not be totally far-fetched," he said.
Gauteng lawyer John Ngcebetsha said: "I think most people would rather want this to be aired in a public court. What we have is clearly a national constitutional crisis."
Source: IoL
Under the Criminal Procedure Act, any private person may launch a prosecution if the National Prosecuting Authority declines to prosecute or halts a prosecution and issues a certificate of nolle prosequi (we shall no longer prosecute).
The prosecution would then be initiated by summons.
But such a person would have to prove some substantial and peculiar interest in the issue - and would also have to prove they were a direct victim of the alleged crime.
The act is silent on how a private prosecution would obtain evidence. In the case of Zuma, this evidence is in the hands of the State.
A legal source said the only way to obtain the information would be through an application under the Promotion for Access to Information Act. By applying for a judicial review, the DA may be on firmer legal ground.
Constitutional law expert Pierre de Vos said that while the NPA had the discretion to decide whether to prosecute, it had to make that decision within the terms of the law.
"One could argue a review is necessary in terms of deciding whether the NPA met its constitutional obligations," De Vos said.
"Any decision (on whether to prosecute) would have to be based on the NPA's prosecutions policy spelt out in Section 179 of the constitution.
"The question would be, was that followed when the decision was taken - or was it made on non-legal, or political, grounds? As an organ of state, the NPA can act only in terms of the law."
Professor Marinus Wiechers, retired Unisa professor of constitutional law, said a class-action suit could be another option open to those who wanted to challenge the NPA's decision by way of private prosecution.
"The constitution does make provision for class-action suits, representing a broad public spectrum of interest, so it would not be totally far-fetched," he said.
Gauteng lawyer John Ngcebetsha said: "I think most people would rather want this to be aired in a public court. What we have is clearly a national constitutional crisis."
Source: IoL
Politics Trumps Justice? Zuma and the NPA
On Monday 6 April 2009, the Acting National Director of Public Prosecutions (NDPP), Advocate Mokotedi Mpshe, announced the National Prosecuting Authority's (NPA) decision to withdraw all charges against Jacob Zuma and to terminate the prosecution. This decision will be confirmed in court today.
Mpshe said the NPA's decision took into account all representations made, including those by legal representatives, which dealt with the following issues:
• The merits of the case against Zuma
• Any legal defences Zuma may have concerning the fairness of any trial
• The practical implications and considerations of a continued prosecution of Zuma
• The policy aspects militating against prosecution
The NPA found that none of Zuma's representations cast doubt on the merits of the prosecution's case, the prospects of a fair trial for Zuma, or raised practical obstacles to a prosecution. There remains therefore a case for Zuma to answer - the NPA accepts that. However, Mpshe said that allegations of outside political influence on then-head of the Scorpions, Leonard McCarthy, had led to an abuse of the overall "legal process", albeit not of the prosecution process. He said that this abuse had undermined confidence in the impartiality of the legal process, which is a "constitutional value of supreme importance". It offended "one's sense of justice", and made it unfair and unjust on a "policy" level to continue with the prosecution.
The "abuse of process" is a reference to McCarthy's alleged willingness, for a political purpose, to change the timing of the reinstitution of charges against Zuma until after the ANC's December 2007 Polokwane conference.
Mpshe set out two categories of possible abuse of process:
1. a manipulation or misuse of the criminal justice process so as to deprive the accused of a protection provided by the law or take unfair advantage of the accused; or
2. where an accused is prejudiced in the preparation or conduct of his defence or trial by an unjustified delay or haste by the prosecution.
The question, he said, is whether a legal or judicial process designed to dispense justice with impartiality and fairness has been abused to give rise to unfairness or injustice. Whether or not a fair trial is possible is not the only test of the relevance of an abuse of process. Another is if it would offend one's sense of justice, integrity and propriety to continue with a trial. Ultimately, said Mpshe, there must be something so gravely wrong that it would be unconscionable that a trial should proceed. The practical question is, then, was it a sufficiently grave wrongdoing that McCarthy consulted outsiders, like ex-NPA head Bulelani Ngcuka, close to then-President Mbeki, on the timing of the announcement that charges were to be reinstituted against Zuma? Was this political strategy which was ultimately unsuccessful and affected one aspect of the conduct of the prosecution, sufficiently serious so as to remove all credibility from the overall legal process, albeit not the validity of the prosecution?
There is no suggestion by the NPA that evidence was withheld or manufactured. Nor has the NPA said that the strength of the case against Zuma is diminished, or that the possibility of a fair trial for Zuma had been affected in any way. A court has said there is sufficient evidence to require Zuma to stand trial. And Mpshe has not disagreed with the Supreme Court of Appeal's recent ruling that an improper motive for a prosecution is insufficient to render a prosecution unlawful. The NDPP has a wide discretionary power to withdraw charges and discontinue a prosecution. But it is not an unfettered discretion: it must be a reasonable decision in the light of all relevant circumstances as set out in the prosecution policy. A court can review this decision.
Apparently relying on considerations outside this policy, Mpshe has concluded, against the advice of his prosecution team, that justifiable public interest in the prosecution of serious crimes is outweighed by "a compelling public interest which expresses a distaste and outrage for abuse of process by law enforcers who are expected to behave with absolute integrity, impartiality, fairness and justice". Thus, McCarthy's alleged misuse of a small and ultimately inconsequential part of the legal process for an improper purpose is said to taint the entire legal process. Mpshe has therefore made a "policy" decision that "it would be unfair as well as unjust to continue with the prosecution".
Given the seriousness of the charges against Jacob Zuma - corruption in high office, by the person likely to be the next President - it is unclear that the alleged misconduct can outweigh the public interest in a court process to determine conclusively the truth of Zuma's guilt or innocence. It is not immediately evident that the remedy of a discontinued prosecution is proportionate to the alleged mischief that should undoubtedly be dealt with firmly. Nor has the NPA clarified the evidentiary status of the tape recordings upon which it has based its decision, or the lawfulness of their possession by Zuma's legal representatives. It appears that only some of the recordings were also in the possession of the National Intelligence Agency (NIA). The NIA informed the NPA that it had obtained the recordings legally, and the NIA declassified certain transcripts of the recordings, only extracts from which were released to the public yesterday in the NPA's statement.
The NPA has apparently requested the Inspector-General of Intelligence to conduct an investigation into "any possible illegality surrounding the recordings". This matter and any misconduct inside the NPA should be vigorously investigated and appropriate action taken urgently. The piecemeal manner in which the NPA has chosen to deal with these issues has unfortunately left many questions unresolved and has also posed a raft of new questions. Foremost among these is whether we will ever definitively know Jacob Zuma's guilt or innocence, and whether the NPA's unpersuasive ‘policy' rationale is indicative of another instance of inappropriate political pressure trumping purely legal considerations?
These doubts could have been pre-empted and more effectively resolved had the NPA opted instead to allow a court to make these determinations, as Idasa proposed last week. By avoiding the route of the greatest transparency and by not placing all these issues before a court to decide in an open and dispassionate manner, the NPA has succeeded only in compounding the sense of suspicion and mistrust of our democratic institutions.
Source: Polity
Mpshe said the NPA's decision took into account all representations made, including those by legal representatives, which dealt with the following issues:
• The merits of the case against Zuma
• Any legal defences Zuma may have concerning the fairness of any trial
• The practical implications and considerations of a continued prosecution of Zuma
• The policy aspects militating against prosecution
The NPA found that none of Zuma's representations cast doubt on the merits of the prosecution's case, the prospects of a fair trial for Zuma, or raised practical obstacles to a prosecution. There remains therefore a case for Zuma to answer - the NPA accepts that. However, Mpshe said that allegations of outside political influence on then-head of the Scorpions, Leonard McCarthy, had led to an abuse of the overall "legal process", albeit not of the prosecution process. He said that this abuse had undermined confidence in the impartiality of the legal process, which is a "constitutional value of supreme importance". It offended "one's sense of justice", and made it unfair and unjust on a "policy" level to continue with the prosecution.
The "abuse of process" is a reference to McCarthy's alleged willingness, for a political purpose, to change the timing of the reinstitution of charges against Zuma until after the ANC's December 2007 Polokwane conference.
Mpshe set out two categories of possible abuse of process:
1. a manipulation or misuse of the criminal justice process so as to deprive the accused of a protection provided by the law or take unfair advantage of the accused; or
2. where an accused is prejudiced in the preparation or conduct of his defence or trial by an unjustified delay or haste by the prosecution.
The question, he said, is whether a legal or judicial process designed to dispense justice with impartiality and fairness has been abused to give rise to unfairness or injustice. Whether or not a fair trial is possible is not the only test of the relevance of an abuse of process. Another is if it would offend one's sense of justice, integrity and propriety to continue with a trial. Ultimately, said Mpshe, there must be something so gravely wrong that it would be unconscionable that a trial should proceed. The practical question is, then, was it a sufficiently grave wrongdoing that McCarthy consulted outsiders, like ex-NPA head Bulelani Ngcuka, close to then-President Mbeki, on the timing of the announcement that charges were to be reinstituted against Zuma? Was this political strategy which was ultimately unsuccessful and affected one aspect of the conduct of the prosecution, sufficiently serious so as to remove all credibility from the overall legal process, albeit not the validity of the prosecution?
There is no suggestion by the NPA that evidence was withheld or manufactured. Nor has the NPA said that the strength of the case against Zuma is diminished, or that the possibility of a fair trial for Zuma had been affected in any way. A court has said there is sufficient evidence to require Zuma to stand trial. And Mpshe has not disagreed with the Supreme Court of Appeal's recent ruling that an improper motive for a prosecution is insufficient to render a prosecution unlawful. The NDPP has a wide discretionary power to withdraw charges and discontinue a prosecution. But it is not an unfettered discretion: it must be a reasonable decision in the light of all relevant circumstances as set out in the prosecution policy. A court can review this decision.
Apparently relying on considerations outside this policy, Mpshe has concluded, against the advice of his prosecution team, that justifiable public interest in the prosecution of serious crimes is outweighed by "a compelling public interest which expresses a distaste and outrage for abuse of process by law enforcers who are expected to behave with absolute integrity, impartiality, fairness and justice". Thus, McCarthy's alleged misuse of a small and ultimately inconsequential part of the legal process for an improper purpose is said to taint the entire legal process. Mpshe has therefore made a "policy" decision that "it would be unfair as well as unjust to continue with the prosecution".
Given the seriousness of the charges against Jacob Zuma - corruption in high office, by the person likely to be the next President - it is unclear that the alleged misconduct can outweigh the public interest in a court process to determine conclusively the truth of Zuma's guilt or innocence. It is not immediately evident that the remedy of a discontinued prosecution is proportionate to the alleged mischief that should undoubtedly be dealt with firmly. Nor has the NPA clarified the evidentiary status of the tape recordings upon which it has based its decision, or the lawfulness of their possession by Zuma's legal representatives. It appears that only some of the recordings were also in the possession of the National Intelligence Agency (NIA). The NIA informed the NPA that it had obtained the recordings legally, and the NIA declassified certain transcripts of the recordings, only extracts from which were released to the public yesterday in the NPA's statement.
The NPA has apparently requested the Inspector-General of Intelligence to conduct an investigation into "any possible illegality surrounding the recordings". This matter and any misconduct inside the NPA should be vigorously investigated and appropriate action taken urgently. The piecemeal manner in which the NPA has chosen to deal with these issues has unfortunately left many questions unresolved and has also posed a raft of new questions. Foremost among these is whether we will ever definitively know Jacob Zuma's guilt or innocence, and whether the NPA's unpersuasive ‘policy' rationale is indicative of another instance of inappropriate political pressure trumping purely legal considerations?
These doubts could have been pre-empted and more effectively resolved had the NPA opted instead to allow a court to make these determinations, as Idasa proposed last week. By avoiding the route of the greatest transparency and by not placing all these issues before a court to decide in an open and dispassionate manner, the NPA has succeeded only in compounding the sense of suspicion and mistrust of our democratic institutions.
Source: Polity
Sunday, April 5, 2009
Deportation was unlawful
Human rights activists have accused the Home Affairs Department of violating legislation governing the treatment of illegal foreigners after this week's court ruling that Pakistani national Khalid Rashid was illegally detained and deported in 2005. They also called for an immediate review of the department's immigration policies.
The Supreme Court of Appeal (SCA) this week upheld an application, brought on Rashid's behalf, to have his detention at the Cullinan police station on November 1 2005 and his subsequent deportation to Pakistan on November 6 declared unlawful.
"This judgment proves that the department's immigration policies are very irregular. We have had several judgments of this nature -- the Rashid case is a drop in the ocean," said Dosso Ndessomin, coordinator of the Body for Refugee Communities. But Ndessomin doubted that a court judgment was sufficient to change government's approach. Lawyers for Human Rights's Jacob van Garderen said that in future the department would have to consider deportation and detention cases carefully. The civil proceedings against the department over the Rashid case could be damaging.
"We expect the department to study the judgment carefully and communicate with the immigration offices [especially at border posts] to avoid similar cases," he said.
Van Garderen said that in the past three months Lawyers for Human Rights had obtained eight court orders forcing the department to release asylum seekers who had been detained unlawfully at the Lindela Repatriation Centre. After his arrest Rashid was handed to Pakistani officials at the Waterkloof military air base in Pretoria. He was flown to Pakistan and held in custody amid speculation that he was suspected of links with international terrorist organisations. The SCA found that his removal from South Africa was apparently effected secretly without his relatives or friends being informed. The court said that as an illegal foreigner Rashid was liable to arrest, but the Immigration Act required that a warrant be issued by an immigration officer for detention and removal from a place of detention. In Rashid's case no warrant was obtained. The court ordered Minister of Home Affairs Nosiviwe Maphisa-Nqakula to pay the costs incurred by Ismail Ebrahim Jeebhai, a Lenasia-based businessman who started court proceedings on Rashid's behalf, and his attorneys. This week one of the attorneys, Zehir Omar, said he was trying to contact Rashid in Pakistan to prepare to sue the department.
"I'd be very pleased if we came to the bottom of Rashid's removal from this country and to embark on civil proceedings against the department," said Omar. The SCA judgment, he said, had not elaborated on the reasons for Rahid's deportation.
"He was surreptitiously removed from the country because he was suspected of being a terrorist. Yet today he is a free man in Pakistan. That is a disguised extradition," he said.
In February 2007 the high court ruled that Rashid's detention and deportation were lawfully carried out. At the time of going to press the Mail & Guardian had not yet received a response from Home Affairs.
Source: Mail & Guardian
The Supreme Court of Appeal (SCA) this week upheld an application, brought on Rashid's behalf, to have his detention at the Cullinan police station on November 1 2005 and his subsequent deportation to Pakistan on November 6 declared unlawful.
"This judgment proves that the department's immigration policies are very irregular. We have had several judgments of this nature -- the Rashid case is a drop in the ocean," said Dosso Ndessomin, coordinator of the Body for Refugee Communities. But Ndessomin doubted that a court judgment was sufficient to change government's approach. Lawyers for Human Rights's Jacob van Garderen said that in future the department would have to consider deportation and detention cases carefully. The civil proceedings against the department over the Rashid case could be damaging.
"We expect the department to study the judgment carefully and communicate with the immigration offices [especially at border posts] to avoid similar cases," he said.
Van Garderen said that in the past three months Lawyers for Human Rights had obtained eight court orders forcing the department to release asylum seekers who had been detained unlawfully at the Lindela Repatriation Centre. After his arrest Rashid was handed to Pakistani officials at the Waterkloof military air base in Pretoria. He was flown to Pakistan and held in custody amid speculation that he was suspected of links with international terrorist organisations. The SCA found that his removal from South Africa was apparently effected secretly without his relatives or friends being informed. The court said that as an illegal foreigner Rashid was liable to arrest, but the Immigration Act required that a warrant be issued by an immigration officer for detention and removal from a place of detention. In Rashid's case no warrant was obtained. The court ordered Minister of Home Affairs Nosiviwe Maphisa-Nqakula to pay the costs incurred by Ismail Ebrahim Jeebhai, a Lenasia-based businessman who started court proceedings on Rashid's behalf, and his attorneys. This week one of the attorneys, Zehir Omar, said he was trying to contact Rashid in Pakistan to prepare to sue the department.
"I'd be very pleased if we came to the bottom of Rashid's removal from this country and to embark on civil proceedings against the department," said Omar. The SCA judgment, he said, had not elaborated on the reasons for Rahid's deportation.
"He was surreptitiously removed from the country because he was suspected of being a terrorist. Yet today he is a free man in Pakistan. That is a disguised extradition," he said.
In February 2007 the high court ruled that Rashid's detention and deportation were lawfully carried out. At the time of going to press the Mail & Guardian had not yet received a response from Home Affairs.
Source: Mail & Guardian
Friday, April 3, 2009
North Korea Rocket Launch on Track
Determined to demonstrate its latest missile technology both to its adversaries and perhaps to potential buyers in the Middle East, North Korea pressed ahead with final preparations on Friday to launch a multistage rocket.
North Korea is banned from ballistic missile tests under two United Nations Security Council resolutions, which were adopted in 2006 after it launched a ballistic missile and conducted its first nuclear test.
Prime Minister Taro Aso of Japan told China’s president, Hu Jintao, during the Group of 20 summit meeting that if the launching went ahead, there should be a new United Nations resolution, the Yomiuri newspaper reported. Mr. Hu showed “some understanding” but did not made a clear commitment, the newspaper said.
For the North Korean leader, Kim Jong-il, who reportedly suffered a stroke in August, a successful launching would demonstrate his country’s mastery of crucial missile technologies.
Source: New York Times
North Korea is banned from ballistic missile tests under two United Nations Security Council resolutions, which were adopted in 2006 after it launched a ballistic missile and conducted its first nuclear test.
Prime Minister Taro Aso of Japan told China’s president, Hu Jintao, during the Group of 20 summit meeting that if the launching went ahead, there should be a new United Nations resolution, the Yomiuri newspaper reported. Mr. Hu showed “some understanding” but did not made a clear commitment, the newspaper said.
For the North Korean leader, Kim Jong-il, who reportedly suffered a stroke in August, a successful launching would demonstrate his country’s mastery of crucial missile technologies.
Source: New York Times
Thursday, April 2, 2009
IMF and World Bank reports predict bleak future for Africa
The IMF predicts the global economic crisis will have a huge and disproportionate impact on sub-Saharan Africa. The effect will be to widen global inequality and plunge more of the African population into poverty.
The IMF's prediction of Africa's economic growth has been slashed by half, from 6.7 percent to 3.25 percent. IMF Managing Director Dominique Strauss-Kahn warned that even this figure may be "too optimistic". Growth at this level would mean declining GDP per capita (because of population growth) and therefore rising poverty.
Less than a year ago, the IMF was forecasting economic growth of 6.7 percent in 2009, an increase on the 5 percent growth in 2008. While the recent IMF report, "Impact of the Global Financial Crisis on Sub-Saharan Africa", says that "Unlike in developed economies, there has been no systemic banking crisis in sub-Saharan Africa", and makes the point that its financial institutions "so far remain largely sound", this will cause only a delay in the world crisis making itself felt in Africa rather than mitigating its effects.
According to the report, "In some countries banking systems may be increasingly exposed to market volatility. Countries where high equity returns had led to borrowing for investment in the stock market (e.g., Kenya, Nigeria, and Uganda) are at greatest risk".
It points out the danger "of contagion from distressed foreign parent banks [spreading] to local subsidiaries". A downturn in productive industries such as timber and cotton "could quickly affect the banking sector".
While the IMF talks about "dangers" of the banking crisis spreading to Africa, other sources regard it as all but inevitable. Heavily dependent on exports, often of a small number of basic commodities, 15 of the 21 countries in the world most vulnerable to the crisis are in Africa. The IMF states, "Oil and metal exporters have been hardest hit: oil prices have fallen over 60 percent from their mid-2008 peak". Zambia will be severely hit with the fall by two-thirds in the price of copper.
In previous recessions each one percent decline in global growth led to a half percent slowdown in the sub-Saharan African countries, but the IMF concludes that the effect will be greater this time because it will be compounded by the "tightening of global credit".
Strauss-Kahn warned that millions of African people will be thrown into poverty due to the crisis, and political systems put to the test. "This is not only about protecting economic growth and household incomes—it is also about containing the threat of civil unrest, perhaps even war".
The World Bank has also predicted that the global economic crisis will drag 46 million people in Africa down into absolute poverty.
In 1960, sub-Saharan Africa's per capita income was around a ninth of that in high-income OECD countries. By 1998, it had fallen to around an eighteenth. This gap is set to widen.
Antoinette Sayeh, director of the IMF's Africa department, stressed that the crisis that began in developed economies and then the emerging markets was now hitting the world's poorest continent through low global commodity prices, depressed demand for their exports and the effects of the credit crunch.
At the London G20 summit of world leaders in April, the IMF is likely to ask for a substantial increase in its funding. It is expected that such pleading for additional funds will fall on deaf ears. African leaders met British Prime Minister Gordon Brown to present their requests for more funds in the run up to the summit. South African Finance Minister Trevor Manuel told reporters that overseas development aid could "dry up or diminish", and that some western donor countries "have indicated they are not capable of meeting these commitments." Egyptian Finance Minister Youssef Boutros-Ghali told Reuters, "In the case of Africa, people are going to die. We are talking about lives, not just somebody who will have to drive a smaller car".
Foreign Direct Investment (FDI) flows into sub-Saharan Africa fell by 21 percent in 2008, and the IMF predicts that this trend will continue. The World Bank also expects that developing countries will face a shortfall of $270 billion to $700 billion on their finances this year due to private sector creditors turning away from emerging markets.
The IMF report calls on the richer nations to maintain their aid commitments, but in fact all the Western countries are turning towards protectionism. Since they committed to increasing core development aid at the Gleneagles summit in 2005, they actually cut aid by 4 percent. France and Ireland are weighing up whether to make big cuts in their aid budgets as a response to the recession.
It is hardly surprising that nothing is said by the IMF about its own role in creating the conditions for a human catastrophe on the African continent. Some African leaders, including Tanzanian President Jakaya Kikwete, have accused the IMF of unfairness in its treatment of its members, being hard on poor countries whose populations were already on the brink while allowing richer countries to do as they pleased, even when this undermined their finances.
The IMF also calls on African countries to "seize the opportunity to advance their structural reform agendas in order to boost prospects for growth"—that is to continue with the IMF-imposed policies that have been responsible for squeezing huge amounts of wealth out of the poorest region of the world.
A report by the charity ActionAid has given a bleaker picture of Africa's future than the IMF. Claire Melamed, head of policy for ActionAid commented, "We've calculated that just by the end of this year, Africa's income stands to fall by $50 billion. And that's equivalent to a pay cut of more than 10 percent for the continent".
Melamed argues against those who hope "globalization hasn't really gone as far as we thought it had and that will protect developing countries from the recession". She says, "What this crisis does is that it just shows the depth of global integration and the way in which we're all interconnected now whether we like it or not".
In particular, Melamed describes the layoff of tens of thousands of miners in South Africa. Although it is the major economic power house on the continent, South Africa is one of the worst affected countries.
Another factor that will affect most African countries is the big downturn in remittances sent back by those who work abroad. According to the BBC, $19 billion was sent home by Africans in 2007, more than double the amount three years earlier. But three-quarters of these remittances come from Western Europe or the United States, already mired in recession.
Source: World Socialist Web Site
The IMF's prediction of Africa's economic growth has been slashed by half, from 6.7 percent to 3.25 percent. IMF Managing Director Dominique Strauss-Kahn warned that even this figure may be "too optimistic". Growth at this level would mean declining GDP per capita (because of population growth) and therefore rising poverty.
Less than a year ago, the IMF was forecasting economic growth of 6.7 percent in 2009, an increase on the 5 percent growth in 2008. While the recent IMF report, "Impact of the Global Financial Crisis on Sub-Saharan Africa", says that "Unlike in developed economies, there has been no systemic banking crisis in sub-Saharan Africa", and makes the point that its financial institutions "so far remain largely sound", this will cause only a delay in the world crisis making itself felt in Africa rather than mitigating its effects.
According to the report, "In some countries banking systems may be increasingly exposed to market volatility. Countries where high equity returns had led to borrowing for investment in the stock market (e.g., Kenya, Nigeria, and Uganda) are at greatest risk".
It points out the danger "of contagion from distressed foreign parent banks [spreading] to local subsidiaries". A downturn in productive industries such as timber and cotton "could quickly affect the banking sector".
While the IMF talks about "dangers" of the banking crisis spreading to Africa, other sources regard it as all but inevitable. Heavily dependent on exports, often of a small number of basic commodities, 15 of the 21 countries in the world most vulnerable to the crisis are in Africa. The IMF states, "Oil and metal exporters have been hardest hit: oil prices have fallen over 60 percent from their mid-2008 peak". Zambia will be severely hit with the fall by two-thirds in the price of copper.
In previous recessions each one percent decline in global growth led to a half percent slowdown in the sub-Saharan African countries, but the IMF concludes that the effect will be greater this time because it will be compounded by the "tightening of global credit".
Strauss-Kahn warned that millions of African people will be thrown into poverty due to the crisis, and political systems put to the test. "This is not only about protecting economic growth and household incomes—it is also about containing the threat of civil unrest, perhaps even war".
The World Bank has also predicted that the global economic crisis will drag 46 million people in Africa down into absolute poverty.
In 1960, sub-Saharan Africa's per capita income was around a ninth of that in high-income OECD countries. By 1998, it had fallen to around an eighteenth. This gap is set to widen.
Antoinette Sayeh, director of the IMF's Africa department, stressed that the crisis that began in developed economies and then the emerging markets was now hitting the world's poorest continent through low global commodity prices, depressed demand for their exports and the effects of the credit crunch.
At the London G20 summit of world leaders in April, the IMF is likely to ask for a substantial increase in its funding. It is expected that such pleading for additional funds will fall on deaf ears. African leaders met British Prime Minister Gordon Brown to present their requests for more funds in the run up to the summit. South African Finance Minister Trevor Manuel told reporters that overseas development aid could "dry up or diminish", and that some western donor countries "have indicated they are not capable of meeting these commitments." Egyptian Finance Minister Youssef Boutros-Ghali told Reuters, "In the case of Africa, people are going to die. We are talking about lives, not just somebody who will have to drive a smaller car".
Foreign Direct Investment (FDI) flows into sub-Saharan Africa fell by 21 percent in 2008, and the IMF predicts that this trend will continue. The World Bank also expects that developing countries will face a shortfall of $270 billion to $700 billion on their finances this year due to private sector creditors turning away from emerging markets.
The IMF report calls on the richer nations to maintain their aid commitments, but in fact all the Western countries are turning towards protectionism. Since they committed to increasing core development aid at the Gleneagles summit in 2005, they actually cut aid by 4 percent. France and Ireland are weighing up whether to make big cuts in their aid budgets as a response to the recession.
It is hardly surprising that nothing is said by the IMF about its own role in creating the conditions for a human catastrophe on the African continent. Some African leaders, including Tanzanian President Jakaya Kikwete, have accused the IMF of unfairness in its treatment of its members, being hard on poor countries whose populations were already on the brink while allowing richer countries to do as they pleased, even when this undermined their finances.
The IMF also calls on African countries to "seize the opportunity to advance their structural reform agendas in order to boost prospects for growth"—that is to continue with the IMF-imposed policies that have been responsible for squeezing huge amounts of wealth out of the poorest region of the world.
A report by the charity ActionAid has given a bleaker picture of Africa's future than the IMF. Claire Melamed, head of policy for ActionAid commented, "We've calculated that just by the end of this year, Africa's income stands to fall by $50 billion. And that's equivalent to a pay cut of more than 10 percent for the continent".
Melamed argues against those who hope "globalization hasn't really gone as far as we thought it had and that will protect developing countries from the recession". She says, "What this crisis does is that it just shows the depth of global integration and the way in which we're all interconnected now whether we like it or not".
In particular, Melamed describes the layoff of tens of thousands of miners in South Africa. Although it is the major economic power house on the continent, South Africa is one of the worst affected countries.
Another factor that will affect most African countries is the big downturn in remittances sent back by those who work abroad. According to the BBC, $19 billion was sent home by Africans in 2007, more than double the amount three years earlier. But three-quarters of these remittances come from Western Europe or the United States, already mired in recession.
Source: World Socialist Web Site
Saturday, March 28, 2009
China turns to Buddhism to calm Tibet tensions
The Beijing-backed Panchen Lama addressed an international Buddhist audience in English on Saturday, as officially atheist China turned to Buddhism as a balm for internal unrest and international tensions.
The Communist Party tried to root out Buddhism, Taoism and Confucianism during the first three decades of its rule, but now recognises the potential of religion to maintain stability.
"Buddhism has proven to have two benefits, it brings a spiritual peace to society and it also helps materially, for instance in disasters and in serving the weakest segments of society," said Shih Lien Hai, president of the World-wide Buddhist Development Association based in Taiwan.
"Religion is a force for stability in society. If government could understand religion's attributes, if it could bring religion's strengths into play, it would be more effective."
Source: Mail & Guardian
The Communist Party tried to root out Buddhism, Taoism and Confucianism during the first three decades of its rule, but now recognises the potential of religion to maintain stability.
"Buddhism has proven to have two benefits, it brings a spiritual peace to society and it also helps materially, for instance in disasters and in serving the weakest segments of society," said Shih Lien Hai, president of the World-wide Buddhist Development Association based in Taiwan.
"Religion is a force for stability in society. If government could understand religion's attributes, if it could bring religion's strengths into play, it would be more effective."
Source: Mail & Guardian
Zimbabwe: Farm Seizures Assailed
Prime Minister Morgan Tsvangirai called on Friday for the two ministers who share control over the police — one from his party, one from President Robert Mugabe’s ZANU-PF party — to ensure the arrests of all the people illegally seizing white-owned commercial farms. Apparently in a challenge to Mr. Mugabe, who endorsed the seizures in his birthday speech last month, Mr. Tsvangirai contended that most of them since he joined the government in February were “actually acts of theft.” Mr. Tsvangirai has been insisting on a halt to the renewed farm invasions for weeks, but he never so specifically exerted his authority to order arrests of the lawbreakers. The test will be whether the police do as he says.
Source: New York Times
Source: New York Times
Thursday, March 26, 2009
Judge Kate O'Regan wades into Dalai Lama debate
Constitutional Court judge Kate O'Regan has come out in support of Health Minister Barbara Hogan who spoke out against a government decision to refuse the Dalai Lama entry to South Africa, SABC radio news reported on Thursday.
"I also want to say that, like you, who remembers the years of the 1980s when South Africa was so fortunate to have friends all over the world assisting our human rights struggle, that it is a matter of dismay that human rights does not seem to enter into the picture of some foreign affairs decisions that are made," O'Regan was quoted as saying in an SABC news bulletin.
Source: Mail & Guardian
"I also want to say that, like you, who remembers the years of the 1980s when South Africa was so fortunate to have friends all over the world assisting our human rights struggle, that it is a matter of dismay that human rights does not seem to enter into the picture of some foreign affairs decisions that are made," O'Regan was quoted as saying in an SABC news bulletin.
Source: Mail & Guardian
There is no law regulating private funding to political parties.
Many large donors may be well intentioned and disposed to the development of democracy – and the contribution by many donors may well be motivated by such intentions. However, a lack of control over the private funding of political parties may allow the wealthy to ‘buy' influence and access through secret donations, drowning out the citizens' voice and undermining the equal value of each person's vote.
South Africa has a powerful range of legal mechanisms to combat corruption, but the lack of regulation in favour of transparency leaves open the back door for organised criminals and rogue business people to effectively corrupt the political process through party donations. As long as the public cannot see the link between donors and political parties, a real threat exists that party funding could become a tool to undermine internal party democracy and the democratic process as a whole.
There are a number of instances of impropriety that have demonstrated that it is unhealthy for a democracy when private fund-raising is allowed to continue unregulated. Examples range from the German Christian Democracy Party (CDU) and its links with French oil giant Elf, to the effect that large corporate interests have had on the war in Iraq (the links between the US Republican Party and large corporations such as Halliburton and others) or the relationship between the Bush Government and Enron.
The USA is an example of a country were campaign finance remains a conduit for influence peddling despite regulation in favour of transparency. This outlines the many challenges South Africa will face to monitor party funding even after the practice is regulated.
Source: Institute for Security Studies
South Africa has a powerful range of legal mechanisms to combat corruption, but the lack of regulation in favour of transparency leaves open the back door for organised criminals and rogue business people to effectively corrupt the political process through party donations. As long as the public cannot see the link between donors and political parties, a real threat exists that party funding could become a tool to undermine internal party democracy and the democratic process as a whole.
There are a number of instances of impropriety that have demonstrated that it is unhealthy for a democracy when private fund-raising is allowed to continue unregulated. Examples range from the German Christian Democracy Party (CDU) and its links with French oil giant Elf, to the effect that large corporate interests have had on the war in Iraq (the links between the US Republican Party and large corporations such as Halliburton and others) or the relationship between the Bush Government and Enron.
The USA is an example of a country were campaign finance remains a conduit for influence peddling despite regulation in favour of transparency. This outlines the many challenges South Africa will face to monitor party funding even after the practice is regulated.
Source: Institute for Security Studies
Wednesday, March 25, 2009
Eviction threat to refugees
The Cape Town city council has filed an eviction notice attempting to force about 400 refugees out of the Blue Waters safety camp near Muizenberg, despite rumbling xenophobic violence that has seen nine foreign nationals killed in the past six weeks in the Western Cape.
The camp opened in May last year after xenophobic attacks that left more than 100 foreign nationals dead and another 60 000 homeless across South Africa. Although the majority of the country's refugees have either reintegrated within South Africa or returned to their home countries, hundreds still fear violent retribution.
According to Lawrence Mgbangson, senior liaison officer of the United Nations High Commissioner for Refugees, the city did not inform the commissioner that an eviction order would be filed this week. "I do not think that there is a need for eviction at this stage. If they do any eviction, then it's contrary to what we agreed."
Eviction is "a last resort", Mgbangson says. "If the people leave the centre they should leave in safety and dignity, they shouldn't be evicted."
Evictions across the country have led to violence. Last week refugees and camp officials clashed as tents were burned in response to an eviction notice served at Klerksoord refugee camp north of Pretoria. Oxfam has expressed concern over the closure of camps and the resulting influx of refugees into local communities.
Source: Mail & Guardian
The camp opened in May last year after xenophobic attacks that left more than 100 foreign nationals dead and another 60 000 homeless across South Africa. Although the majority of the country's refugees have either reintegrated within South Africa or returned to their home countries, hundreds still fear violent retribution.
According to Lawrence Mgbangson, senior liaison officer of the United Nations High Commissioner for Refugees, the city did not inform the commissioner that an eviction order would be filed this week. "I do not think that there is a need for eviction at this stage. If they do any eviction, then it's contrary to what we agreed."
Eviction is "a last resort", Mgbangson says. "If the people leave the centre they should leave in safety and dignity, they shouldn't be evicted."
Evictions across the country have led to violence. Last week refugees and camp officials clashed as tents were burned in response to an eviction notice served at Klerksoord refugee camp north of Pretoria. Oxfam has expressed concern over the closure of camps and the resulting influx of refugees into local communities.
Source: Mail & Guardian
Beware the Wolf at the Door!!
Mike Schussler of economists.co.za says there are signs that the domestic economy is shrinking. These include declining car sales for 23 months; the latest cement sales, which are down 18% year on year; falling electricity sales; 11% fewer passengers arriving at OR Tambo airport; and a 27% reduction in building plans passed.
Schussler says the latest figures from the National Credit Regulator show that 43 000 households are four months behind with their mortgage payments while 15 000 are three months behind.
Source: Mail & Guardian
Schussler says the latest figures from the National Credit Regulator show that 43 000 households are four months behind with their mortgage payments while 15 000 are three months behind.
Source: Mail & Guardian
Democratic Republic of the Congo
Another 11,000 people have been uprooted in the latest Lords Resistance Army (LRA) attack around the village of Banda in north-eastern DRC in mid-March, bringing the total number of people displaced by the militia group's repeated raids in the Haut Uele district of Oriental province to over 188,000 in the last six months.
Since September 2008, over 990 Congolese have been murdered by the LRA and 747 abducted, the vast majority of them children.
The displaced Congolese, whose homesteads were pillaged and burned by the LRA, now live with host families. Many of the internally displaced people (IDP) are scattered in Niangara, Bangadi, Ngilima, Mbengu, Ndedu and Dakwa in Haut-Uele district. An estimated 105,000 are in urgent need of humanitarian assistance.
Source: UNHCR
Since September 2008, over 990 Congolese have been murdered by the LRA and 747 abducted, the vast majority of them children.
The displaced Congolese, whose homesteads were pillaged and burned by the LRA, now live with host families. Many of the internally displaced people (IDP) are scattered in Niangara, Bangadi, Ngilima, Mbengu, Ndedu and Dakwa in Haut-Uele district. An estimated 105,000 are in urgent need of humanitarian assistance.
Source: UNHCR
Concourt to rule on Jeppe Street evictions
A group of Johannesburg flat dwellers will hear on Thursday whether they have succeeded in their Constitutional Court challenge against a decision to evict them.
Residents of Angus Mansions, in Jeppe Street, were to be evicted on December 15 even though their court challenge against the move was pending.
Arguing before the Constitutional Court on December 3, they contended that evicting them before their appeal was heard - and could be won - would cause them irreparable harm. They also challenged the merits on which the eviction order was granted.
The High Court in Johannesburg granted an interim order allowing the evictions of the 62 residents to be carried out on December 15, pursuant to its granting of an eviction order.
Source: SAPA
Residents of Angus Mansions, in Jeppe Street, were to be evicted on December 15 even though their court challenge against the move was pending.
Arguing before the Constitutional Court on December 3, they contended that evicting them before their appeal was heard - and could be won - would cause them irreparable harm. They also challenged the merits on which the eviction order was granted.
The High Court in Johannesburg granted an interim order allowing the evictions of the 62 residents to be carried out on December 15, pursuant to its granting of an eviction order.
Source: SAPA
Tuesday, March 24, 2009
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
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
Monday, March 23, 2009
Man Pleads Guilty to Flipping Scheme
Renford Davis, 47, Patterson, New Jersey, pled guilty to a wire fraud conspiracy and money laundering conspiracy in connection with a mortgage fraud and property-flipping scheme involving rental properties in Patterson, New Jersey. Davis, whose trial on a 25-count Indictment against him and two codefendants was to begin on May 4, admitted conspiring with his co-defendants and several others to originate mortgage loans fraudulently and to engage in money laundering with proceeds of the loans during 2002 through 2005. The loans were for two and three-family homes in Paterson.
Davis pleaded guilty before U.S. District Judge JosÉ L. Linares to one count of wire fraud conspiracy, which carries a maximum statutory penalty of 30 years in prison and a fine of $1 million, and one count of money laundering conspiracy, with a maximum statutory penalty of 10 years in prison and a fine of $250,000.
Under the advisory U.S. Sentencing Guidelines, Davis faces an actual sentencing range of between 30 and 37 months in prison. The guidelines are advisory only, however, and Judge Linares has discretion in imposing a sentence within, above or below the guidelines range. Davis will also be required to pay restitution to the victims.
Davis admitted that he conspired with Michael Eliasof, a former Paramus real estate agent; W.C., a Garfield attorney; Melanie Gebbia, W.C's legal assistant; Gerald Carti, a former US Mortgage Corp. loan officer; Frank Corallo, a former US Mortgage loan processor; Amer Mir, a former loan officer at United Home Mortgage Co. in Jersey City; Claribel Morrobel, who recruited borrowers for Eliasof; and Hopeton Bradley, who jointly managed with Davis of the Paterson properties involved in the scheme; and others. Eliasof, Gebbia, Carti, Morrobel, Corallo, Bradley (who has since died) and one other conspirator have each pleaded guilty in connection with this scheme; W.C. is also deceased; and Mir's trial is scheduled to begin May 4, along with that of co-defendant Frederick Ugwu, Saddle River, New Jersey.
Davis admitted recruiting borrowers to purchase two- and three-family homes in Paterson through Eliasof knowing that the borrowers would be putting no money down to purchase these properties. Davis further admitted providing false verifications of rent to Corallo and others to help these borrowers qualify for mortgage loans. Davis also admitted that the closings of these loans take place at the law office of W.C., then a Garfield municipal judge, and that Bradley and Davis through their real estate management company, Renhops, received substantial portions of the fraudulent loan proceeds after the closings.
Davis's guilty plea is the latest step in an investigation by the U.S. Department of Housing and Urban Development Office of Inspector General (HUD-OIG) the FBI, the U.S. Postal Inspection Service and the Internal Revenue Service Criminal Investigations Division into fraudulent Federal Housing Administration-insured and conventional mortgage loans originated by various New Jersey mortgage companies, including US Mortgage and United Home Mortgage. The investigation has resulted in a dozen guilty pleas from New Jersey residents.
Acting U.S. Attorney Ralph J. Marra, Jr. made the announcement.
Marra credited Special Agents of HUD-OIG, under the direction of Special Agent in Charge Rene Febles; Postal Inspectors of the U.S. Postal Inspection Service, under the direction of Postal Inspector In Charge David L. Collins; Special Agents of the FBI, under the direction of Special Agent in Charge Weysan Dun; and Special Agents of the IRS Criminal Investigation Division, under the direction of Special Agent in Charge William P. Offord, for their investigation.
The government is represented by Assistant U.S. Attorney Mark E. Coyne of the U.S. Attorney's Commercial Crimes Unit.
Source: Mortgage Fraud Blog
Calling all refugees
Government officials have slammed Bishop Paul Verryn for offering refuge to thousands of Zimbabweans in and around Jo'burg's Central Methodist Church.
"If a man shuts his ears to the cry of the poor, he too will cry out and not be answered" (Proverbs 21:13). There are many similar texts in the writings of Christianity and the other major religions. They regard it as a virtue to care for the poor and homeless, and there is a noble tradition that a church building is also a place of sanctuary.
Every society has to strike a delicate balance between accommodating the marginalised and protecting the right of other citizens to go about their business. Investors in the renewal of the city centre can be forgiven if they withhold their money.
Not to do so would constitute an invitation to anarchy.
Can this be seen as an open invitation to anyone seeking refuge?
Unashamedly, yes.
Source: Financial Mail
"If a man shuts his ears to the cry of the poor, he too will cry out and not be answered" (Proverbs 21:13). There are many similar texts in the writings of Christianity and the other major religions. They regard it as a virtue to care for the poor and homeless, and there is a noble tradition that a church building is also a place of sanctuary.
Every society has to strike a delicate balance between accommodating the marginalised and protecting the right of other citizens to go about their business. Investors in the renewal of the city centre can be forgiven if they withhold their money.
Not to do so would constitute an invitation to anarchy.
Can this be seen as an open invitation to anyone seeking refuge?
Unashamedly, yes.
Source: Financial Mail
South Africa Bars Dalai Lama From a Peace Conference
JOHANNESBURG — South Africa has barred the Dalai Lama, Tibet’s spiritual leader and a Nobel Peace Prize winner, from attending a peace conference here this week that is supposed to promote the 2010 World Cup and the potential of sport to unite people across races and nations.
If South Africa’s intention in barring the Dalai Lama was to keep the attention of the world focused on the World Cup instead of Tibet, it certainly seemed to backfire.
Kjetil Siem, chief executive officer of the Premier Soccer League in South Africa, which organized the peace conference, seemed taken aback on Monday by the storm of protest that had engulfed the conference. It was supposed to be a celebration of South Africa as the rainbow nation of all races united by soccer.
Source: New York Times
If South Africa’s intention in barring the Dalai Lama was to keep the attention of the world focused on the World Cup instead of Tibet, it certainly seemed to backfire.
Kjetil Siem, chief executive officer of the Premier Soccer League in South Africa, which organized the peace conference, seemed taken aback on Monday by the storm of protest that had engulfed the conference. It was supposed to be a celebration of South Africa as the rainbow nation of all races united by soccer.
Source: New York Times
Sunday, March 22, 2009
An opinion carries a high price
The South African Constitution and various statutes recognise the right to academic freedom, and a number of statutes recognise the right of staff and students to participate in the governance of the university.
Yet neither the Constitution nor any statute defines what academic freedom means. It is nevertheless clear from the texts that it is linked to and forms part of the right to freedom of speech and expression.
Four aspects of academic freedom for students that few would deny are equally relevant to university staff, namely:
* Freedom to express and defend their own views and beliefs, and to question and to differ without authoritative repression or victimisation either by the state or by the university authorities;
* A guarantee of procedural fairness in the administration of discipline;
* Substantial autonomy of student (and staff) groups and organisations in the conduct of their own activities; and
* An effective measure of participation in the government and policies of the university.
The fuss was over the submission by the science and agriculture faculty's criticism of the university's academic freedom record.
Source: Mail & Guardian
Yet neither the Constitution nor any statute defines what academic freedom means. It is nevertheless clear from the texts that it is linked to and forms part of the right to freedom of speech and expression.
Four aspects of academic freedom for students that few would deny are equally relevant to university staff, namely:
* Freedom to express and defend their own views and beliefs, and to question and to differ without authoritative repression or victimisation either by the state or by the university authorities;
* A guarantee of procedural fairness in the administration of discipline;
* Substantial autonomy of student (and staff) groups and organisations in the conduct of their own activities; and
* An effective measure of participation in the government and policies of the university.
The fuss was over the submission by the science and agriculture faculty's criticism of the university's academic freedom record.
Source: Mail & Guardian
Saturday, March 21, 2009
Sharpeville, Gauteng
On March 21, 1960 the Sharpeville massacre occurred when the PAC (Pan Africanist Congress) organised a peaceful protest in which black Africans burnt the pass books which restricted them from going in certain areas. What had started as a peaceful protest soon became violent when the South African police opened fire on the black civilians. 69 people were killed and 178 wounded by police during the violence.
Sharpeville Day has been commemorated since then on 21 March, and since 1994 has been the official Human Rights Day public holiday.
Sharpeville was also the site of a controversial murder in 1983 which led to the arrest, trial, and death sentences (later commuted) of the Sharpeville Six.
Source: Wikipedia
Sharpeville Day has been commemorated since then on 21 March, and since 1994 has been the official Human Rights Day public holiday.
Sharpeville was also the site of a controversial murder in 1983 which led to the arrest, trial, and death sentences (later commuted) of the Sharpeville Six.
Source: Wikipedia
Friday, March 20, 2009
GRAND THEFT, PLANET - 'The Smoking Gun'
As of right now, the six billion human beings on the planet earth owe the international banking system one hundred and ninety thousand dollars; each.
Once may be an accident; twice could possibly be a coincidence but three times in a row is a Declaration of War. Four times in a row is the arrogance of knowing that the Declaration of War fell on deaf ears. Five times in a row is quite simply daylight robbery and rape while we are drugged and asleep. This sixth time should wake us up so that this theft and rape is not visited on a seventh generation:
DEPRESSION UPON DEPRESSION
Every fifty years or so, since 1711, there has been a commodity peak in the leading money markets, followed by a crash (at that time called the South Sea bubble collapse), followed by a depression.
There is a nine-year period between a commodity peak and a market crash, followed over the next ten years or so by a depression. Add forty-six to that (the average period between depressions) and you have a fifty-year-odd boom-bust cycle meaning, “once a generation we are plucked”.- (Tom Dennen, "A Unified Field Theory of Economics" a work in progress.)
The following compilation is from 'The Great Reckoning' by James Dale Davidson and William Rees-Mogg, Sidgwick & Jackson, 1993.
THE FIRST SHOT FROM THE STILL SMOKING GUN
Commodity prices peaked in London in 1711 (Long before America came into the economic picture). The South Sea Bubble burst nine years later in 1720. Depression followed.
THE SECOND SHOT
Producer prices peaked in London in 1763. The London stock market crashed again in 1772 (nine years later). Depression followed.
THE THIRD SHOT
Commodity prices peaked in London in 1816, just after the Battle of Waterloo. The London stock market crashed in 1825 (nine years later). Depression followed.
THE FOURTH SHOT
Wholesale prices peaked in New York in 1864. A worldwide assets crash began in May 1873 (nine years later). Depression followed.
THE FIFTH SHOT
Then followed our beloved Great Depression in the 30s, about which much has been said, from which, little learned.
THE SIXTH SHOT FIRED – IS THE GUN NOW EMPTY? HAVE WE LEARNED?
Commodity prices peaked in Tokyo, in 1980 some fifty years after the Great Depression started. The Tokyo stock market peaked in 1989 (again, nine years later) and crashed in 1990.
The depression following that crash is now upon us. “I call this one, 'Grand Theft, Planet”,
WHAT WE OWE THE BANKS
From Tom Foremski (The Silicon Valley Watcher) - October 16, 2008, "According to various distinguished sources including the Bank for International Settlements (BIS) in Basel, Switzerland -- the central bankers' central bank -- the amount of outstanding derivatives worldwide as of December 2007 crossed USD 1.144 Quadrillion, ie, USD 1,144 Trillion. The main categories of the USD 1.144 Quadrillion derivatives market were the following:
1. Listed credit derivatives stood at USD 548 trillion;
2. The Over-The-Counter (OTC) derivatives stood in notional or face value at USD 596 trillion and included:
a. Interest Rate Derivatives at about USD 393+ trillion;
b. Credit Default Swaps at about USD 58+ trillion;
c. Foreign Exchange Derivatives at about USD 56+ trillion;
d. Commodity Derivatives at about USD 9 trillion;
e. Equity Linked Derivatives at about USD 8.5 trillion; and
f. Unallocated Derivatives at about USD 71+ trillion.
The Size of Derivatives Bubble now equals $190K Per Person on the Planet. "Exponential economic growth required by the mathematics of compound interest on a money supply based on money as debt must always run up eventually aginst the finite nature of Earth's resources." - British financial analyst Chris Cook. 'Unregulated financial market' means that banks are allowed to charge compound interest. Even ancient Rome capped interest at max 5% and compound interest (usury) was outlawed (See Tacitus, The Annals of Rome, Chapter Six, a.d. 29).
We’ve been robbed again. Q.E.D.
Source: Tom Dennen
Once may be an accident; twice could possibly be a coincidence but three times in a row is a Declaration of War. Four times in a row is the arrogance of knowing that the Declaration of War fell on deaf ears. Five times in a row is quite simply daylight robbery and rape while we are drugged and asleep. This sixth time should wake us up so that this theft and rape is not visited on a seventh generation:
DEPRESSION UPON DEPRESSION
Every fifty years or so, since 1711, there has been a commodity peak in the leading money markets, followed by a crash (at that time called the South Sea bubble collapse), followed by a depression.
There is a nine-year period between a commodity peak and a market crash, followed over the next ten years or so by a depression. Add forty-six to that (the average period between depressions) and you have a fifty-year-odd boom-bust cycle meaning, “once a generation we are plucked”.- (Tom Dennen, "A Unified Field Theory of Economics" a work in progress.)
The following compilation is from 'The Great Reckoning' by James Dale Davidson and William Rees-Mogg, Sidgwick & Jackson, 1993.
THE FIRST SHOT FROM THE STILL SMOKING GUN
Commodity prices peaked in London in 1711 (Long before America came into the economic picture). The South Sea Bubble burst nine years later in 1720. Depression followed.
THE SECOND SHOT
Producer prices peaked in London in 1763. The London stock market crashed again in 1772 (nine years later). Depression followed.
THE THIRD SHOT
Commodity prices peaked in London in 1816, just after the Battle of Waterloo. The London stock market crashed in 1825 (nine years later). Depression followed.
THE FOURTH SHOT
Wholesale prices peaked in New York in 1864. A worldwide assets crash began in May 1873 (nine years later). Depression followed.
THE FIFTH SHOT
Then followed our beloved Great Depression in the 30s, about which much has been said, from which, little learned.
THE SIXTH SHOT FIRED – IS THE GUN NOW EMPTY? HAVE WE LEARNED?
Commodity prices peaked in Tokyo, in 1980 some fifty years after the Great Depression started. The Tokyo stock market peaked in 1989 (again, nine years later) and crashed in 1990.
The depression following that crash is now upon us. “I call this one, 'Grand Theft, Planet”,
WHAT WE OWE THE BANKS
From Tom Foremski (The Silicon Valley Watcher) - October 16, 2008, "According to various distinguished sources including the Bank for International Settlements (BIS) in Basel, Switzerland -- the central bankers' central bank -- the amount of outstanding derivatives worldwide as of December 2007 crossed USD 1.144 Quadrillion, ie, USD 1,144 Trillion. The main categories of the USD 1.144 Quadrillion derivatives market were the following:
1. Listed credit derivatives stood at USD 548 trillion;
2. The Over-The-Counter (OTC) derivatives stood in notional or face value at USD 596 trillion and included:
a. Interest Rate Derivatives at about USD 393+ trillion;
b. Credit Default Swaps at about USD 58+ trillion;
c. Foreign Exchange Derivatives at about USD 56+ trillion;
d. Commodity Derivatives at about USD 9 trillion;
e. Equity Linked Derivatives at about USD 8.5 trillion; and
f. Unallocated Derivatives at about USD 71+ trillion.
The Size of Derivatives Bubble now equals $190K Per Person on the Planet. "Exponential economic growth required by the mathematics of compound interest on a money supply based on money as debt must always run up eventually aginst the finite nature of Earth's resources." - British financial analyst Chris Cook. 'Unregulated financial market' means that banks are allowed to charge compound interest. Even ancient Rome capped interest at max 5% and compound interest (usury) was outlawed (See Tacitus, The Annals of Rome, Chapter Six, a.d. 29).
We’ve been robbed again. Q.E.D.
Source: Tom Dennen
Attorney Sentenced For Assisting In $5M Mortgage Fraud Scheme
Howard Gaines, Deerfield Beach, Florida, has been sentenced for his role in a complex mortgage fraud scheme. Gaines, an attorney and a licensed title agent with Your Title Choice, Inc., in Deerfield Beach, Florida, was sentenced by U.S. District Judge William Dimitrouleas to 8 years in prison, to be followed by 3 years of supervised release. In addition, Gaines was ordered to pay restitution in the amount of $422,465 to three lenders.
A jury convicted Gaines in December 2008 on one count of conspiracy to commit mail and wire fraud and two counts of mail fraud.
This is the sixth conviction in this case, following five earlier guilty pleas by other conspirators. According to the evidence presented at trial, Gaines, as a title agent, aided co-conspirator Anthony Dehaney and others to close on fraudulent loans. Among the fraudulent documents presented at closings were HUD 1 Settlement Forms, which falsely represented that buyers were using their own money to close on the purchases. The evidence showed that Gaines helped Dehaney close more than $10,000,000 in loans during 2004, 2005, and 2006, including $5,000,000 in fraudulent mortgages.
R. Alexander Acosta, United States Attorney for the Southern District of Florida, Jonathan I. Solomon, Special Agent in Charge, Federal Bureau of Investigation, Henry Gutierrez, Postal Inspector in Charge, U.S. Postal Inspection Service, and Alex Hager, Acting Commissioner, Florida Department of Financial Regulation, made the announcement.
Mr. Acosta commended the investigative efforts of the FBI, U.S. Postal Inspection Service, and the State of Florida Office of Financial Regulation for their work on this case. The case is being prosecuted by Assistant United States Attorneys Jeffrey Kay and Jennifer Keene of the Fort Lauderdale Office.
Source: Mortgage Fraud Blog
No more two-thirds majority for ANC
An internal ANC survey has shown that the ruling party will lose its two-thirds majority and the Western Cape in next month’s general election. But although it finds the party will suffer a marginal loss in support overall it will retain power in the other eight provinces.
ANC members with access to the survey told the Mail & Guardian it found that the ANC had lost 5% of its national support -- from the 2004 figure of 69% to 64%.
This is a smaller decline than was initially expected when the ANC split and the rival Congress of the People (Cope) was formed. The survey is also in marked contrast to a Human Sciences Research Council survey, released this week, which found that the party will win the coming elections with a much reduced majority of 47%.
Source: Mail & Guardian
ANC members with access to the survey told the Mail & Guardian it found that the ANC had lost 5% of its national support -- from the 2004 figure of 69% to 64%.
This is a smaller decline than was initially expected when the ANC split and the rival Congress of the People (Cope) was formed. The survey is also in marked contrast to a Human Sciences Research Council survey, released this week, which found that the party will win the coming elections with a much reduced majority of 47%.
Source: Mail & Guardian
DEFEND AND DEEPEN OUR DEMOCRACY!
Our people are called upon to vote in the 2009 Elections to continue our journey towards a better life for all.
As the SACP, we pride ourselves on our near 88 years of unbroken struggle for national liberation, the reconstruction and development of our country, and for an end to all forms of oppression and exploitation.
The SACP has always understood that there can be no end to oppression and exploitation in our country, without the national liberation of the majority of the oppressed people.. We stand for nothing other than a better life for the workers and the poor of our country – the right to free education, free health care, clean drinking water, a job, freedom of association and full participation by all the people in the affairs of our country.
It is for these reasons that the SACP has remained a dependable ally of the African National Congress for close to 80 years now, fighting side by side with this mighty organisation for the total liberation of our country.
Since 1994, under the leadership of the ANC, our country has notched many victories which have been of immense benefit to the workers and the poor, including provision of houses, clean drinking water, social grants, progressive labour legislation, improved access to health care and education, school feeding and much more.
The ANC-led government has significantly improved the lives of millions of our people, especially the poor! We are proud that communists have in various ways also played their role in these achievements.
That is why the SACP says - Only an ANC government can improve on these achievements and take us closer to the ideal of a better life for all.
The SACP therefore calls upon all our people, especially the workers and the poor, to come out in massive numbers to vote for the ANC and ensure an overwhelming ANC victory in the elections.
Much more needs to be done! And must be done! Together!
Source: SACP
As the SACP, we pride ourselves on our near 88 years of unbroken struggle for national liberation, the reconstruction and development of our country, and for an end to all forms of oppression and exploitation.
The SACP has always understood that there can be no end to oppression and exploitation in our country, without the national liberation of the majority of the oppressed people.. We stand for nothing other than a better life for the workers and the poor of our country – the right to free education, free health care, clean drinking water, a job, freedom of association and full participation by all the people in the affairs of our country.
It is for these reasons that the SACP has remained a dependable ally of the African National Congress for close to 80 years now, fighting side by side with this mighty organisation for the total liberation of our country.
Since 1994, under the leadership of the ANC, our country has notched many victories which have been of immense benefit to the workers and the poor, including provision of houses, clean drinking water, social grants, progressive labour legislation, improved access to health care and education, school feeding and much more.
The ANC-led government has significantly improved the lives of millions of our people, especially the poor! We are proud that communists have in various ways also played their role in these achievements.
That is why the SACP says - Only an ANC government can improve on these achievements and take us closer to the ideal of a better life for all.
The SACP therefore calls upon all our people, especially the workers and the poor, to come out in massive numbers to vote for the ANC and ensure an overwhelming ANC victory in the elections.
Much more needs to be done! And must be done! Together!
Source: SACP
Thursday, March 19, 2009
Madisha announces new trade union launch
Former president of the Congress of South African Trade Unions (Cosatu), Willie Madisha, who was drummed out of the movement under a cloud related to disappearing donations, announced on Thursday that a new trade union movement is to be launched on March 28 in Gauteng.
"The need for an independent labour movement has become a necessity because a politically aligned union or federation fails to address the needs of workers across industries, both in private and public sectors," he said.
"We have recently experienced how workers, particularly those whose unions are affiliated to Cosatu, have been forced to support the ANC [African National Congress] and the SACP [South African Communist Party], even though they may not share the party's ideological vision or orientation."
Madisha has publicly aligned himself with the leadership of the Congress of the People (Cope).
Source: Mail & Guardian
"The need for an independent labour movement has become a necessity because a politically aligned union or federation fails to address the needs of workers across industries, both in private and public sectors," he said.
"We have recently experienced how workers, particularly those whose unions are affiliated to Cosatu, have been forced to support the ANC [African National Congress] and the SACP [South African Communist Party], even though they may not share the party's ideological vision or orientation."
Madisha has publicly aligned himself with the leadership of the Congress of the People (Cope).
Source: Mail & Guardian
Southern Africa rejects Madagascar's new leader
Southern African nations declared on Thursday they will not recognise Madagascar's new leader, an army-backed politician who ousted an elected president, and the United States said it would reconsider aid to the island nation.
The stance came as Madagascar's neighbours held a mini-summit on Thursday on the situation in the Indian Ocean nation and after Zambia declared that the power change in Madagascar threatens democracy in Africa.
Representatives of the Southern African Development Community also urged the African Union and the international community not to recognise Andry Rajoelina as president of Madagascar and called for a return to "democratic and constitutional rule in the shortest time possible".
Source: Mail & Guardian
The stance came as Madagascar's neighbours held a mini-summit on Thursday on the situation in the Indian Ocean nation and after Zambia declared that the power change in Madagascar threatens democracy in Africa.
Representatives of the Southern African Development Community also urged the African Union and the international community not to recognise Andry Rajoelina as president of Madagascar and called for a return to "democratic and constitutional rule in the shortest time possible".
Source: Mail & Guardian
Wednesday, March 18, 2009
Mineral rights ruling
On March 6 Pretoria Judge Willie Hartzenberg ruled that the Mineral and Petroleum Resources Development Act (MPRDA) is effectively expropriating unused, old order mineral rights.
The verdict will compel the state to pay compensation or reinstate ownership of expropriated mineral rights, according to AgriSA's chief executive Hans van der Merwe last week.
Source: Mail & Guardian
The verdict will compel the state to pay compensation or reinstate ownership of expropriated mineral rights, according to AgriSA's chief executive Hans van der Merwe last week.
Source: Mail & Guardian
'Blood diamonds' team starts Zim probe
An international group is in Zimbabwe to investigate allegations of mass murder by government soldiers in a diamond field in the east of the country, state media reported on Wednesday.
The mission from the Kimberley Process (KP), the United Nations-founded body to monitor the trade in so-called "blood diamonds" arrived on a fact-finding mission on Monday and were due on Tuesday to visit the notorious Chiadzwa diamond field about 80km south of the eastern city of Mutare, the government-controlled daily Herald said.
The mission from the Kimberley Process (KP), the United Nations-founded body to monitor the trade in so-called "blood diamonds" arrived on a fact-finding mission on Monday and were due on Tuesday to visit the notorious Chiadzwa diamond field about 80km south of the eastern city of Mutare, the government-controlled daily Herald said.
SA on a 'tipping point'?
Sociologist Malcolm Gladwell coined the phrase "The Tipping Point", in his attempt to explain how a body which exists for so long in a seemingly stable environment can rapidly and without warning change into an unrecognisable state of existence.
Gladwell argues that in such a case of sudden and accelerated change the body was in fact not stable, but rather balancing on a "tipping point" awaiting the slightest alteration in its environment to tip it over to where the momentum for change becomes unstoppable.
Source: News 24.com
Gladwell argues that in such a case of sudden and accelerated change the body was in fact not stable, but rather balancing on a "tipping point" awaiting the slightest alteration in its environment to tip it over to where the momentum for change becomes unstoppable.
Source: News 24.com
SA on a 'tipping point'?
Sociologist Malcolm Gladwell coined the phrase "The Tipping Point", in his attempt to explain how a body which exists for so long in a seemingly stable environment can rapidly and without warning change into an unrecognisable state of existence.
Gladwell argues that in such a case of sudden and accelerated change the body was in fact not stable, but rather balancing on a "tipping point" awaiting the slightest alteration in its environment to tip it over to where the momentum for change becomes unstoppable. Gladwell's theory sounds like advanced physics, I know, but in practical terms it explains how a democratic country can be seemingly stable one day and in tatters the next. The fact is, despite appearance, it was never truly stable, it was merely waiting for some change in environment to expose its' instability. This leads me to the point of my article: Is South Africa stable or merely balancing on a Tipping Point?
Consider the following:
# Our presumed future president, Jacob Zuma, was once tried for rape and might just make history by becoming the first man to be elected president whilst under criminal investigation (for his role in the Arms Corruption Scandal). Nice credentials for a future president!
# Our current President, Kgalema Motlanthe, is being sued for trashing a house he once rented.
# Our National Police Commissioner, Jackie Selebi, is in the process of being charged for fraud and corruption.
# Our Top Prosecutor, Vusi Pikoli, who issued the arrest warrant for Jacki Selebi was in turn suspended by former president Thabo Mbeki.
# Our minister of intelligence's wife is being linked to an international drug trafficking syndicate as one of the "mules" she financed was arrested in Brazil.
# One of our Supreme Court Judges, Nkola Motata, is under investigation for crashing his car into someone's backyard whilst under the influence.
# The then Ekhuruleni Chief of Police, Robert McBride, is also under investigation for crashing his car into someone's backyard whilst under the influence. Maybe he and Motata can share lawyers?
# The then Chief Whip for the ANC, Toni Yengeni, was sentenced to four years in jail for defrauding parliament but then got an ANC presidential pardon after six months.
# The Scorpions Forensic Criminal Unit which was tasked with identifying and booking corrupt officials (such as those mentioned above) was disbanded last year by our ruling government and the head of the unit, Gerrie Nel, arrested for corruption by none other than Jackie Selebi.
If this indicates the ethics amongst our senior government officials, we could be right in assuming it multiplies at every other level below which basically implies the entire government which runs our country is as corrupt as the holes found in Swiss cheese. So maybe our country is not as stable as we had hoped. Maybe, just maybe, we are in fact sitting on that proverbial Tipping Point and the change that will send us spiralling off into the abyss is the April elections whereby Jacob Zuma gets elected president.
I think we have to acknowledge the possibility that Zuma's appointment may very well start a chain reaction of small but inevitable changes in our county's stability which in turn spiral and gain momentum to the point whereby a decade later South Africa issues its first R1bn bank note. Sounds dramatic I know, but is it unrealistic? I guess only time will tell.
Gladwell argues that in such a case of sudden and accelerated change the body was in fact not stable, but rather balancing on a "tipping point" awaiting the slightest alteration in its environment to tip it over to where the momentum for change becomes unstoppable. Gladwell's theory sounds like advanced physics, I know, but in practical terms it explains how a democratic country can be seemingly stable one day and in tatters the next. The fact is, despite appearance, it was never truly stable, it was merely waiting for some change in environment to expose its' instability. This leads me to the point of my article: Is South Africa stable or merely balancing on a Tipping Point?
Consider the following:
# Our presumed future president, Jacob Zuma, was once tried for rape and might just make history by becoming the first man to be elected president whilst under criminal investigation (for his role in the Arms Corruption Scandal). Nice credentials for a future president!
# Our current President, Kgalema Motlanthe, is being sued for trashing a house he once rented.
# Our National Police Commissioner, Jackie Selebi, is in the process of being charged for fraud and corruption.
# Our Top Prosecutor, Vusi Pikoli, who issued the arrest warrant for Jacki Selebi was in turn suspended by former president Thabo Mbeki.
# Our minister of intelligence's wife is being linked to an international drug trafficking syndicate as one of the "mules" she financed was arrested in Brazil.
# One of our Supreme Court Judges, Nkola Motata, is under investigation for crashing his car into someone's backyard whilst under the influence.
# The then Ekhuruleni Chief of Police, Robert McBride, is also under investigation for crashing his car into someone's backyard whilst under the influence. Maybe he and Motata can share lawyers?
# The then Chief Whip for the ANC, Toni Yengeni, was sentenced to four years in jail for defrauding parliament but then got an ANC presidential pardon after six months.
# The Scorpions Forensic Criminal Unit which was tasked with identifying and booking corrupt officials (such as those mentioned above) was disbanded last year by our ruling government and the head of the unit, Gerrie Nel, arrested for corruption by none other than Jackie Selebi.
If this indicates the ethics amongst our senior government officials, we could be right in assuming it multiplies at every other level below which basically implies the entire government which runs our country is as corrupt as the holes found in Swiss cheese. So maybe our country is not as stable as we had hoped. Maybe, just maybe, we are in fact sitting on that proverbial Tipping Point and the change that will send us spiralling off into the abyss is the April elections whereby Jacob Zuma gets elected president.
I think we have to acknowledge the possibility that Zuma's appointment may very well start a chain reaction of small but inevitable changes in our county's stability which in turn spiral and gain momentum to the point whereby a decade later South Africa issues its first R1bn bank note. Sounds dramatic I know, but is it unrealistic? I guess only time will tell.
In turnaround, U.S. signs U.N. gay rights document
State Department spokesman Robert Wood said the Obama administration, which took office eight weeks ago, would now join 66 other U.N. member states who supported a U.N. statement in December that condemned human rights violations based on sexual orientation and gender identity. "The United States is an outspoken defender of human rights and critic of human rights abuses around the world," Wood told reporters. "As such, we join with other supporters of this statement, and we will continue to remind countries of the importance of respecting the human rights of all people in all appropriate international fora."
Gay rights groups immediately welcomed the move. "The administration's leadership on this issue will be a powerful rebuke of an earlier Bush administration position that sought to deny the universal application of human rights protections to lesbian, gay, bisexual and transgender individuals," said Mark Bromley, who chairs the Council for Global Equality.
The U.N. General Assembly had been split over the issue of gay rights, with many Muslim countries refusing to sign on to the statement because of opposition to international attempts to legalize homosexuality. A rival statement read out by Syria at the time gathered about 60 signatures from the 192-nation assembly.
The United States was the only western state not to sign on to the gay rights document. All European Union member states endorsed it, as did Canada, Australia and Japan. In a move that angered U.S. gay rights groups, the Bush administration argued that the broad framing of the language in the statement created conflict with U.S. laws. The rationale was that favoring gay rights in a U.N. document might be interpreted as an attempt by the U.S. federal government to override individual states' rights on issues like gay marriage. Pressed on this issue, Wood said a "careful" interagency review by the Obama administration found that signing on to the U.N. document "commits us to no legal obligations."
Division in the General Assembly over the U.N. declaration reflects conflicting laws worldwide on the issue. According to the sponsors of the Franco-Dutch text of the document, homosexuality is illegal in 77 countries, seven of which punish it by death.
At a townhall meeting in Brussels earlier this month, U.S. Secretary of State Hillary Clinton was pressed on her views on gay rights. "Human rights is and always will be one of the pillars of our foreign policy," she said. "In particular, persecution and discrimination against gays and lesbians is something we take very seriously."
Source: Reuters
Gay rights groups immediately welcomed the move. "The administration's leadership on this issue will be a powerful rebuke of an earlier Bush administration position that sought to deny the universal application of human rights protections to lesbian, gay, bisexual and transgender individuals," said Mark Bromley, who chairs the Council for Global Equality.
The U.N. General Assembly had been split over the issue of gay rights, with many Muslim countries refusing to sign on to the statement because of opposition to international attempts to legalize homosexuality. A rival statement read out by Syria at the time gathered about 60 signatures from the 192-nation assembly.
The United States was the only western state not to sign on to the gay rights document. All European Union member states endorsed it, as did Canada, Australia and Japan. In a move that angered U.S. gay rights groups, the Bush administration argued that the broad framing of the language in the statement created conflict with U.S. laws. The rationale was that favoring gay rights in a U.N. document might be interpreted as an attempt by the U.S. federal government to override individual states' rights on issues like gay marriage. Pressed on this issue, Wood said a "careful" interagency review by the Obama administration found that signing on to the U.N. document "commits us to no legal obligations."
Division in the General Assembly over the U.N. declaration reflects conflicting laws worldwide on the issue. According to the sponsors of the Franco-Dutch text of the document, homosexuality is illegal in 77 countries, seven of which punish it by death.
At a townhall meeting in Brussels earlier this month, U.S. Secretary of State Hillary Clinton was pressed on her views on gay rights. "Human rights is and always will be one of the pillars of our foreign policy," she said. "In particular, persecution and discrimination against gays and lesbians is something we take very seriously."
Source: Reuters
Tuesday, March 17, 2009
Access to Justice and Promotion of Constitutional Rights Programme
The Access to Justice and Promotion of Constitutional Rights Programme, which will kick-off next month, will be used as a key mechanism to improve access to justice for all, particularly the marginalised, writes Proffesor Ndawonde.
The Access to Justice and Promotion of Constitutional Rights Programme has been developed by the Department of Justice and Constitutional Development and European Union.
It aims to contribute to the strengthening of democracy by improving access to justice and promoting constitutional rights for the most vulnerable in partnership with civil organisations.
The programme, launched in Pretoria last week, targets women and children, poor rural and urban communities, people living with HIV and AIDS, child-headed households and people affected by human rights violations, persons with disabilities, youth and children in prison and refugees.
Given the low level of literacy in the country and a certain degree of apathy among citizens when it comes to human rights, it was necessary to embark on a program to educate everyone in South African about the Constitution.
Director General in the Department of Justice and Constitutional Development Menzi Simelane, speaking at the launch of the programme, explained it would give the poor a voice as well as create a society that not only knows its rights but knows how to protect them and access them.
Source: Department of Justice and Constitutional Development
The Access to Justice and Promotion of Constitutional Rights Programme has been developed by the Department of Justice and Constitutional Development and European Union.
It aims to contribute to the strengthening of democracy by improving access to justice and promoting constitutional rights for the most vulnerable in partnership with civil organisations.
The programme, launched in Pretoria last week, targets women and children, poor rural and urban communities, people living with HIV and AIDS, child-headed households and people affected by human rights violations, persons with disabilities, youth and children in prison and refugees.
Given the low level of literacy in the country and a certain degree of apathy among citizens when it comes to human rights, it was necessary to embark on a program to educate everyone in South African about the Constitution.
Director General in the Department of Justice and Constitutional Development Menzi Simelane, speaking at the launch of the programme, explained it would give the poor a voice as well as create a society that not only knows its rights but knows how to protect them and access them.
Source: Department of Justice and Constitutional Development
Madagascar's president quits
Madagascar President Marc Ravalomanana resigned on Tuesday, diplomats said, bowing to the inevitable after the army blasted its way into his offices and let the opposition leader take control.
Source: Mail & Guardian
Source: Mail & Guardian
Dandala: Haul Mugabe before ICC
Zimbabwean President Robert Mugabe should be hauled before the International Criminal Court (ICC) to explain the "tragic situation" in his country, the Congress of the People (Cope) presidential candidate Mvume Dandala said on Tuesday.
Source: Mail & Guardian
Source: Mail & Guardian
ANC welcomes Derby-Lewis ruling
CAPE TOWN - The ANC on Tuesday joined the family of slain SA Communist Party leader Chris Hani in welcoming a high court ruling dismissing Clive Derby-Lewis’ bid for parole.
Source: The Citizen
Source: The Citizen
Monday, March 16, 2009
Great Power divisions persist following G20 summit
A summit of G20 finance ministers and central bankers failed to reach any concrete agreement for measures to deal with the growing international finance crisis.
The meeting held in Horsham, southern England last Friday and Saturday brought together the finance ministers and central bankers of the world's leading economies responsible for 85 percent of world economic output. The aim of the meeting was to prepare an agenda for the G20 summit of country leaders planned for April 2 in London.
The communiqué issued by the finance ministers and central bank governors was upbeat, stating, "We have taken decisive, coordinated and comprehensive action to boost demand and jobs, and are prepared to take whatever action is necessary until growth is restored. We commit to fight all forms of protectionism and maintain open trade and investment." A closer perusal of the communiqué reveals that the assembled finance heads and bankers had been unable to agree on any of the main issues.
The failure of the leading capitalist nations to arrive at any binding agreement demonstrates that divisions between the major powers—particularly the US, Europe and China—are hardening fast. It is already clear from the proceedings at the weekend that nothing remains of the "Global New Deal" proposed by Brown to Obama in Washington earlier this month.
The implications of these divisions are far-reaching. In a comment on the growing drift between America and Germany, this week's Der Spiegel declares, "The German-American brawl evokes bad memories for economists. America and the European states were also incapable of agreeing on a joint strategy in the world economic crisis in the 1930's. The result was a worldwide trade war which only accelerated the economic collapse into the Depression. That cannot be allowed to happen again—that was what the industrial nations assured at their first summit last November in Washington. Now, however, the rifts are growing between the US and continental Europe."
Der Spiegel neglects to point out in its drawing of parallels with the 1930's that the resolution of the economic conflict between Germany and its rivals, including the United States, culminated in the Second World War.
Source: World Socialist Web Site
The meeting held in Horsham, southern England last Friday and Saturday brought together the finance ministers and central bankers of the world's leading economies responsible for 85 percent of world economic output. The aim of the meeting was to prepare an agenda for the G20 summit of country leaders planned for April 2 in London.
The communiqué issued by the finance ministers and central bank governors was upbeat, stating, "We have taken decisive, coordinated and comprehensive action to boost demand and jobs, and are prepared to take whatever action is necessary until growth is restored. We commit to fight all forms of protectionism and maintain open trade and investment." A closer perusal of the communiqué reveals that the assembled finance heads and bankers had been unable to agree on any of the main issues.
The failure of the leading capitalist nations to arrive at any binding agreement demonstrates that divisions between the major powers—particularly the US, Europe and China—are hardening fast. It is already clear from the proceedings at the weekend that nothing remains of the "Global New Deal" proposed by Brown to Obama in Washington earlier this month.
The implications of these divisions are far-reaching. In a comment on the growing drift between America and Germany, this week's Der Spiegel declares, "The German-American brawl evokes bad memories for economists. America and the European states were also incapable of agreeing on a joint strategy in the world economic crisis in the 1930's. The result was a worldwide trade war which only accelerated the economic collapse into the Depression. That cannot be allowed to happen again—that was what the industrial nations assured at their first summit last November in Washington. Now, however, the rifts are growing between the US and continental Europe."
Der Spiegel neglects to point out in its drawing of parallels with the 1930's that the resolution of the economic conflict between Germany and its rivals, including the United States, culminated in the Second World War.
Source: World Socialist Web Site
Sunday, March 15, 2009
ACRI Forces Police to Publish East Jerusalem Procedures
Following ACRI’s submission of a freedom of information petition to the Jerusalem Administrative Court, the Court ordered the publication of procedures regulating the treatment of people residing illegally in Israel and searches of vehicles at checkpoints between Israel and the West Bank. Initially, the Police maintained that such procedures were privileged and that revealing them to the public would prevent the police from fulfilling its duties and would even threaten the security of the State and the public. However, prior to the hearing, the police decided to withdraw this claim insofar as it related to illegal residents and provided full information on all the relevant regulations. During a hearing at the Court on March 8, the Police insisted that the publication of the rest of the procedures requested (relating to vehicles searches) would compromise the security of the State. With respect to procedures for searching vehicles in the presence of one side only, Judge Musia Arad examined the regulations and decided to supply ACRI with a summary of procedures relevant within the framework of our petition.
Source: Association for Civil Rights in Israel
Source: Association for Civil Rights in Israel
Foreclosure Rescue Scams
As soon as a lender raises the red flag, scammers descend.
While the schemes vary in their mechanics, all follow a similar pattern. An individual or group, in the guise of helping a homeowner avoid losing his or her house, persuades the owner to transfer the title to the rescuer or another designated buyer.
The unscrupulous individuals or groups approach homeowners facing foreclosure and promise to help them save their homes. In many instances, they convince the troubled homeowner (who is desperate to save their homes) to transfer the deed over to them with the promise that the investor will make the mortgage payments going forward, and the previous owner can rent while they try to rebuild their savings and repair their credit.
Once the supposed “angel investor” gets the deed to the house, they boot the former owner out—and sell the property for what’s often a hefty profit.
Source: Businessweek
While the schemes vary in their mechanics, all follow a similar pattern. An individual or group, in the guise of helping a homeowner avoid losing his or her house, persuades the owner to transfer the title to the rescuer or another designated buyer.
The unscrupulous individuals or groups approach homeowners facing foreclosure and promise to help them save their homes. In many instances, they convince the troubled homeowner (who is desperate to save their homes) to transfer the deed over to them with the promise that the investor will make the mortgage payments going forward, and the previous owner can rent while they try to rebuild their savings and repair their credit.
Once the supposed “angel investor” gets the deed to the house, they boot the former owner out—and sell the property for what’s often a hefty profit.
Source: Businessweek
Friday, March 13, 2009
The arms dealer who flies Zuma
Ivor Ichikowitz, the arms and oil broker who laid on his company jet to ferry Nelson Mandela to a Jacob Zuma election rally in Transkei, has made a career from turning political connections into profit. Last December Ichikowitz flew Zuma in the luxuriously converted Boeing 727 to Lebanon and Kazakhstan for what the Mail & Guardian understands were African National Congress (ANC) fundraising and business meetings.
Ichikowitz confirmed he provided that flight gratis, but said he went along to test recent upgrades to the jet and did not attend the meetings. At its commercial charter rate, $14 000 an hour, a return trip to Kazakhstan would have cost upwards of R5-million.
An M&G probe of Ichikowitz’s relations with the ANC and prominent Zuma backers indicates a man who has made it his business to get close to key power-brokers.
They include:
* Mathews Phosa, who shared a number of company directorships with Ichikowitz before his elevation to ANC treasurer;
* Moeletsi Mbeki, brother of the former president, who opened doors for Ichikowitz into Africa;
* Sandi Majali, former Thabo Mbeki acolyte and business frontman for the ANC and Kgalema Motlanthe in ill-fated oil trades with Saddam Hussein;
* Robert Gumede, owner of IT company GijimaAST and a prominent Zuma backer;
* Pik Botha, former National Party politician and long-time friend of the Ichikowitz family, who provided an entrée to African leaders including former Nigerian president Olusegun Obasanjo.
Ichikowitz (42) made a fortune selling surplus South African armoured vehicles into Africa and the Middle East, and seems to have manoeuvred his way into Zuma’s inner circle. He was prominent among public donors to the ANC at a Zuma fundraiser organised by Gumede in October last year, pledging R6-million.
He told the M&G the business community should "transparently and voluntarily provide both the financial and skills resources political parties need to participate in the democratic process".
He denies direct or indirect business dealings with any political party. But his best-known entanglement with ANC funding occurred via his association with Majali and his Imvume group.
Ichikowitz, who also represents controversial commodities trader Glencore, partnered Majali in his 2001 bid to supply Iraqi crude to South Africa under the controversial oil-for-food programme allowing limited trade with Saddam’s Iraq.
In 2005 the M&G revealed Majali, with official ANC backing, intended setting up an oil trading operation intended to benefit the ANC and Saddam’s Ba’ath party.
Ichikowitz was also Majali’s partner in a contract to supply PetroSA condensate for its Mossel Bay refinery. The M&G exposed how Majali diverted R11-million of state oil money to the ANC before the 2004 election, but Oilgate also strained relations between the partners as Majali's actions created a cash-flow crisis for Ichikowitz's company. Ichikowitz told the M&G he was unaware of the link between Majali's company and the ANC and is no longer in business with Majali.
Moeletsi Mbeki, a key strategist for the Congress of the People, now appears to distance himself from close association with Ichikowitz. He said they were now in only one business together, a cattle feedlot enterprise.
Company records show a number of past African joint ventures, including the agency for Mahindra vehicle sales in South Africa. Ichikowitz said they had been friends "for many years" and went into business together about six years ago. He said he had been friends with Gumede since about 1989 "and [we] worked together in our family business before he started his own businesses". "We have no active business together and remain family friends."
Phosa once served on the boards of several companies with Ichikowitz, notably Vuka Fleet Management and Vuka Municipal Services, joint ventures between Phosa’s Vuka group and TFM, the truck body manufacturer hived off from the armoured vehicle company now owned by BAE-Systems.
Ichikowitz said Phosa had been "a family friend since his return from exile in the 1990s ... I have no interest in Mathews's businesses, nor he in mine." Ichikowitz may have slipped easily from the Mbeki era into the post-Polokwane ANC, but he has also taken advantage of family political connections stretching back to apartheid.
A source close to the family said former apartheid foreign minister Pik Botha was introduced to the Ichikowitzes by the late John Pearce, then the Johannesburg council’s security head. Pearce, embedded in the apartheid security establishment, was fired in 1991 following revelations about military intelligence dirty-tricks operations.
Botha, whom Ichikowitz describes as "a long-standing friend", has been an informal adviser to Ichikowitz and was also said to have promoted Ichikowitz’s other main business: selling reconditioned surplus South African military equipment into Africa and the Middle East. Here too, Ichikowitz appears to have benefited from his ANC associations, with a defence department investigation into his trading activities suppressed before it could produce results.
Source: Mail & Guardian
Ichikowitz confirmed he provided that flight gratis, but said he went along to test recent upgrades to the jet and did not attend the meetings. At its commercial charter rate, $14 000 an hour, a return trip to Kazakhstan would have cost upwards of R5-million.
An M&G probe of Ichikowitz’s relations with the ANC and prominent Zuma backers indicates a man who has made it his business to get close to key power-brokers.
They include:
* Mathews Phosa, who shared a number of company directorships with Ichikowitz before his elevation to ANC treasurer;
* Moeletsi Mbeki, brother of the former president, who opened doors for Ichikowitz into Africa;
* Sandi Majali, former Thabo Mbeki acolyte and business frontman for the ANC and Kgalema Motlanthe in ill-fated oil trades with Saddam Hussein;
* Robert Gumede, owner of IT company GijimaAST and a prominent Zuma backer;
* Pik Botha, former National Party politician and long-time friend of the Ichikowitz family, who provided an entrée to African leaders including former Nigerian president Olusegun Obasanjo.
Ichikowitz (42) made a fortune selling surplus South African armoured vehicles into Africa and the Middle East, and seems to have manoeuvred his way into Zuma’s inner circle. He was prominent among public donors to the ANC at a Zuma fundraiser organised by Gumede in October last year, pledging R6-million.
He told the M&G the business community should "transparently and voluntarily provide both the financial and skills resources political parties need to participate in the democratic process".
He denies direct or indirect business dealings with any political party. But his best-known entanglement with ANC funding occurred via his association with Majali and his Imvume group.
Ichikowitz, who also represents controversial commodities trader Glencore, partnered Majali in his 2001 bid to supply Iraqi crude to South Africa under the controversial oil-for-food programme allowing limited trade with Saddam’s Iraq.
In 2005 the M&G revealed Majali, with official ANC backing, intended setting up an oil trading operation intended to benefit the ANC and Saddam’s Ba’ath party.
Ichikowitz was also Majali’s partner in a contract to supply PetroSA condensate for its Mossel Bay refinery. The M&G exposed how Majali diverted R11-million of state oil money to the ANC before the 2004 election, but Oilgate also strained relations between the partners as Majali's actions created a cash-flow crisis for Ichikowitz's company. Ichikowitz told the M&G he was unaware of the link between Majali's company and the ANC and is no longer in business with Majali.
Moeletsi Mbeki, a key strategist for the Congress of the People, now appears to distance himself from close association with Ichikowitz. He said they were now in only one business together, a cattle feedlot enterprise.
Company records show a number of past African joint ventures, including the agency for Mahindra vehicle sales in South Africa. Ichikowitz said they had been friends "for many years" and went into business together about six years ago. He said he had been friends with Gumede since about 1989 "and [we] worked together in our family business before he started his own businesses". "We have no active business together and remain family friends."
Phosa once served on the boards of several companies with Ichikowitz, notably Vuka Fleet Management and Vuka Municipal Services, joint ventures between Phosa’s Vuka group and TFM, the truck body manufacturer hived off from the armoured vehicle company now owned by BAE-Systems.
Ichikowitz said Phosa had been "a family friend since his return from exile in the 1990s ... I have no interest in Mathews's businesses, nor he in mine." Ichikowitz may have slipped easily from the Mbeki era into the post-Polokwane ANC, but he has also taken advantage of family political connections stretching back to apartheid.
A source close to the family said former apartheid foreign minister Pik Botha was introduced to the Ichikowitzes by the late John Pearce, then the Johannesburg council’s security head. Pearce, embedded in the apartheid security establishment, was fired in 1991 following revelations about military intelligence dirty-tricks operations.
Botha, whom Ichikowitz describes as "a long-standing friend", has been an informal adviser to Ichikowitz and was also said to have promoted Ichikowitz’s other main business: selling reconditioned surplus South African military equipment into Africa and the Middle East. Here too, Ichikowitz appears to have benefited from his ANC associations, with a defence department investigation into his trading activities suppressed before it could produce results.
Source: Mail & Guardian
Scorpions vacancy rate grows
Cape Town - The soon-to-be defunct Scorpions had a staff vacancy rate of 43% in their top ranks last month, Justice Minister Enver Surty said in response to a written question in Parliament on Friday.
Under controversial legislation signed by President Kgalema Motlanthe earlier this year, the Scorpions will to be disbanded and assimilated into a new team fighting high-level crime - the Directorate for Priority Crime Investigation.
It is meant to take over the full caseload of the Scorpions but will report not to the NPA but to the police.
Surty said Motlanthe still had to proclaim a date when the DSO would cease to function and what remained of it would become part of the new unit.
Source: SAPA
Under controversial legislation signed by President Kgalema Motlanthe earlier this year, the Scorpions will to be disbanded and assimilated into a new team fighting high-level crime - the Directorate for Priority Crime Investigation.
It is meant to take over the full caseload of the Scorpions but will report not to the NPA but to the police.
Surty said Motlanthe still had to proclaim a date when the DSO would cease to function and what remained of it would become part of the new unit.
Source: SAPA
Wednesday, March 11, 2009
South Africa: Rural Poor Bear The Brunt of Dysfunctional Land Reform
One major blight on the last three terms of the ANC-led government is service provision to the rural poor, and in particular the provision of land and the requisite agricultural support. In general, the ANC government’s relationship with rural South Africa has been rather nebulous, and the land question has made this even more starkly so.
For the vast majority of the country’s rural households, land is no longer the primary lifeline, as it was the case before colonial, and subsequently, apartheid land dispossession. Neither is subsistence farming, nor agriculture. With the increasing dependence on social grants these traditional modes of survival are wilting away, along with the once cherished ideals of hard work and self-determination.
The previous ANC leadership fixated on being careful not to frighten investors and other big players by any radical government intervention in the land market, and the corollary has been inadequate public investment in the rural economy, and consequently poor access to agricultural land, finance and infrastructure.
As the country approaches the fourth national democratic elections, the marginalisation of rural South Africa is emerging as a key campaign issue, with the new ANC leadership going as far as labelling it government’s single greatest failure. While the causes of this failure are varied and complex, they are not unrelated to certain deficiencies in government’s land administration practices.
Then there is the question of unscrupulous landowners who have seized the land restitution process as an opportunity to grow fat profits from grossly inflated land prices. Land officials themselves have been suspected of conniving with these landowners, in return for a share of the spoils. And to some extent the Land Affairs department has been complicit in these shady acts, namely by failing to verify whether the sellers are in fact owners of the properties sold to government. The purchase of food-producing land for golf courses and game farms has also emerged as a major issue.
Source: Institute for Security Studies
For the vast majority of the country’s rural households, land is no longer the primary lifeline, as it was the case before colonial, and subsequently, apartheid land dispossession. Neither is subsistence farming, nor agriculture. With the increasing dependence on social grants these traditional modes of survival are wilting away, along with the once cherished ideals of hard work and self-determination.
The previous ANC leadership fixated on being careful not to frighten investors and other big players by any radical government intervention in the land market, and the corollary has been inadequate public investment in the rural economy, and consequently poor access to agricultural land, finance and infrastructure.
As the country approaches the fourth national democratic elections, the marginalisation of rural South Africa is emerging as a key campaign issue, with the new ANC leadership going as far as labelling it government’s single greatest failure. While the causes of this failure are varied and complex, they are not unrelated to certain deficiencies in government’s land administration practices.
Then there is the question of unscrupulous landowners who have seized the land restitution process as an opportunity to grow fat profits from grossly inflated land prices. Land officials themselves have been suspected of conniving with these landowners, in return for a share of the spoils. And to some extent the Land Affairs department has been complicit in these shady acts, namely by failing to verify whether the sellers are in fact owners of the properties sold to government. The purchase of food-producing land for golf courses and game farms has also emerged as a major issue.
Source: Institute for Security Studies
Tuesday, March 10, 2009
SAA sacks suspended chief executive Ngqula
The board of South African Airways (SAA) has fired suspended chief executive Khaya Ngqula, it said in a statement on Tuesday. "Jakes Gerwel, chairperson of the board of SAA, has today announced that by agreement Dr Khaya Ngqula's employment with SAA has terminated," the statement said. It was agreed between the parties that the terms of the settlement would remain confidential but any payments would be reflected in the annual report in accordance with normal disclosure obligations, the statement said. Chris Smyth would continue to act as chief executive of SAA while a search was undertaken for a permanent chief executive of the airline, SAA's board said.Last month the Sunday Times published reports that Servair, a consortium co-owned by Vusi Sithole, a business partner of Ngqula and his wife, Mbali Gasi, was the preferred bidder to supply about 180 000 weekly in-flight meals on SAA's domestic routes. The paper said the government was investigating Ngqula and the airline for "serious allegations" following the airline's preference of French company Servair as their catering company. SAA spokesperson Robyn Chalmers told Sapa at the time that the R3,5-billion SAA catering deal had not been finalised. "In terms of the Airchefs tender, the Servair consortium has been recommended as preferred bidder following a competitive bidding process. It is important to note that the contract has not been finalised," she said.
The Sunday Times reported that Sithole denied that his association with Gasa had landed his consortium the contract. "The tendering process was open and it has taken us and our French partners two years to secure this deal," he told the paper. The Sunday Times reported that Sithole sponsored the inaugural Africa Open Golf Challenge, the rights to which belong to Ngqula's wife, to the tune of R1,2-million. Gasa is also a director of one of Sithole's companies, Netlife Golf Consortium. Asked if Ngqula had declared his interests to SAA and if the company was made aware of Gasa's involvement with Servair bosses, Chalmers said: "Because of South Africa's relatively small business environment, and the fact that there may on occasion be indirect links between some businesspeople, it is critical to ensure that tender processes are competitive and vigorous, and that business interests are declared."
Source: Mail & Guardian
Thursday, March 5, 2009
Omar Hassan al-Bashir
On June 30, 1989, Lieut. Gen. Omar Hassan al-Bashir, a military leader in Sudan, seized power in a bloodless coup backed by Islamists. He assumed the presidency in 1993.
He has been accused of genocide by the prosecutor of the International Criminal Court and has been vilified throughout the world as an incorrigible mass murderer bent on slaughtering his own people in the conflict-riddled region of Darfur.
He has stayed in power, appealing to national pride and causing deep-seated fears that the nation could tumble into Somalia-like chaos if he were removed.
In February 2009, judges at the International Criminal Court approved a warrant for his arrest. According to court lawyers and diplomats, the judges rejected diplomatic requests to allow more time for peace negotiations in Darfur.
The criminal court judges took more than seven months to examine the evidence on Mr. Bashir before charging him, on March 4, 2009, with five counts of crimes against humanity, including murder, extermination, forcible transfer, torture and rape. The two counts of war crimes were for attacks against a civilian population and for pillaging. In their statement, the judges said the court did not recognize immunity for a head of state and called for the cooperation of all countries - not just the 108 nations that are members of the court - to bring Mr. Bashir to justice.
The question of whether genocide was being committed in Darfur has been divisive, and was so among the judges, who said 2-to-1 that the prosecutor had not provided sufficient evidence of the government's intent, the key issue in determining genocide. The Bush administration and other governments, as well as some human rights activists, have called the attacks on civilians government's actions genocide. The United Nations has stopped short of doing so.
It is the first time the court has sought to detain a sitting head of state, and it could further complicate the tense, international debate over how to solve the Darfur crisis.
In announcing his request for a warrant, the prosecutor in the case, Luis Moreno-Ocampo, said that Mr. Bashir had "masterminded and implemented" a plan to destroy three main ethnic groups in Darfur, the Fur, the Masalit and the Zaghawa. The prosecutor said that the president, responding to attacks by rebel groups seeking greater autonomy, had used government soldiers and Arab militias and had "purposefully targeted civilians" belonging to these groups, killing 35,000 people "outright" in attacks on towns and villages.
Although there has been sporadic fighting in Darfur for decades, the conflict significantly intensified in 2003, when the rebel groups attacked Sudanese forces. The Arab-led government responded with a ferocious counterinsurgency campaign, which the prosecutor called a genocidal strategy against Darfur's black African ethnic groups.
The Sudanese forces and government-sponsored militias swept the countryside. They burned down villages, raped countless women and drove hundreds of thousands of people off their land, all part of an effort to put down the rebellion. Mr. Moreno-Ocampo has accused Mr. Bashir of being the mastermind of this strategy, the one with "absolute control."
There is broad concern that removing Mr. Bashir from power could threaten a landmark peace treaty between the Sudanese government and other rebels in the southern part of the country. The treaty was signed in 2005 to end a civil war in which 2.2 million people died, far more than in Darfur.
Source: New York Times
He has been accused of genocide by the prosecutor of the International Criminal Court and has been vilified throughout the world as an incorrigible mass murderer bent on slaughtering his own people in the conflict-riddled region of Darfur.
He has stayed in power, appealing to national pride and causing deep-seated fears that the nation could tumble into Somalia-like chaos if he were removed.
In February 2009, judges at the International Criminal Court approved a warrant for his arrest. According to court lawyers and diplomats, the judges rejected diplomatic requests to allow more time for peace negotiations in Darfur.
The criminal court judges took more than seven months to examine the evidence on Mr. Bashir before charging him, on March 4, 2009, with five counts of crimes against humanity, including murder, extermination, forcible transfer, torture and rape. The two counts of war crimes were for attacks against a civilian population and for pillaging. In their statement, the judges said the court did not recognize immunity for a head of state and called for the cooperation of all countries - not just the 108 nations that are members of the court - to bring Mr. Bashir to justice.
The question of whether genocide was being committed in Darfur has been divisive, and was so among the judges, who said 2-to-1 that the prosecutor had not provided sufficient evidence of the government's intent, the key issue in determining genocide. The Bush administration and other governments, as well as some human rights activists, have called the attacks on civilians government's actions genocide. The United Nations has stopped short of doing so.
It is the first time the court has sought to detain a sitting head of state, and it could further complicate the tense, international debate over how to solve the Darfur crisis.
In announcing his request for a warrant, the prosecutor in the case, Luis Moreno-Ocampo, said that Mr. Bashir had "masterminded and implemented" a plan to destroy three main ethnic groups in Darfur, the Fur, the Masalit and the Zaghawa. The prosecutor said that the president, responding to attacks by rebel groups seeking greater autonomy, had used government soldiers and Arab militias and had "purposefully targeted civilians" belonging to these groups, killing 35,000 people "outright" in attacks on towns and villages.
Although there has been sporadic fighting in Darfur for decades, the conflict significantly intensified in 2003, when the rebel groups attacked Sudanese forces. The Arab-led government responded with a ferocious counterinsurgency campaign, which the prosecutor called a genocidal strategy against Darfur's black African ethnic groups.
The Sudanese forces and government-sponsored militias swept the countryside. They burned down villages, raped countless women and drove hundreds of thousands of people off their land, all part of an effort to put down the rebellion. Mr. Moreno-Ocampo has accused Mr. Bashir of being the mastermind of this strategy, the one with "absolute control."
There is broad concern that removing Mr. Bashir from power could threaten a landmark peace treaty between the Sudanese government and other rebels in the southern part of the country. The treaty was signed in 2005 to end a civil war in which 2.2 million people died, far more than in Darfur.
Source: New York Times
Thursday, February 26, 2009
Democratisation and Human Rights
President Dmitry Medvedev believes that the results of the first conference of the Council of Europe (CE) in Moscow on social stability will help prepare efficient decisions of the G-20 summit in London.
Russian Deputy Prime Minister Alexander Zhukov read out on Thursday Medvedev’s greetings to participants and guests of the conference at its opening. The president’s message says as follows: “I greet participants and guests of the first Conference of Ministers of the Council of Europe members states, responsible for social cohesion.
Russia traditionally pays great attention to education, public health, pension maintenance and other social programmes.
Source: ITAR-TASS World Service
Russian Deputy Prime Minister Alexander Zhukov read out on Thursday Medvedev’s greetings to participants and guests of the conference at its opening. The president’s message says as follows: “I greet participants and guests of the first Conference of Ministers of the Council of Europe members states, responsible for social cohesion.
Russia traditionally pays great attention to education, public health, pension maintenance and other social programmes.
Source: ITAR-TASS World Service
Wednesday, February 25, 2009
Sierra Leone RUF rebels sentenced
An international tribunal has jailed three former Sierra Leone rebel leaders for a total of nearly 120 years. All three were senior leaders in the Revolutionary United Front (RUF) and were convicted of overseeing atrocities during Sierra Leone's civil war.
Issa Sesay was sentenced to 52 years, Morris Kallon to 40 years and Augustine Gbao to 25 years. They were found guilty in February of war crimes and crimes against humanity committed in the 1991-2001 conflict. "The chamber concluded that the inherent gravity of the criminal acts for which Sesay, Kallon and Gbao have been convicted is exceptionally high," the judges said. Tactics favoured by the rebels included amputating hands and arms or carving the initials RUF into the bodies of their victims. It is the last case to be held in the capital, Freetown, at the UN-backed Special Court for Sierra Leone.
The RUF trial began in mid-2004 and the court heard about the rebel commanders' role in the conflict. "The crimes were committed on a massive scale... Sierra Leoneans were raped, enslaved, hacked to death and brutalised," the AFP news agency quotes presiding judge Pierre Boutet as saying. "The impact of the crimes on the Sierra Leonean society has been enormous," he added. The RUF was notorious for using the so-called Small Boys Units - child soldiers forcibly recruited and issued with AK-47 assault rifles - who had a reputation for particular cruelty among the civilian population. "Children were deprived of normal education and some of them had the letters of the RUF branded on them as if they were the organisation's property," Mr Boutet said. By the time the conflict ended, tens of thousands of people had been killed while tens of thousands were left mutilated, their arms, legs, noses or ears cut off.
Thirteen people were originally indicted by the tribunal, but RUF rebel leader Foday Sankoh and his deputy commander Sam Bockarie died before coming to trial. When the RUF leaders were found guilty in February, the judges concluded they "significantly contributed" to a joint criminal enterprise with former Liberian President Charles Taylor to control the diamond fields of Sierra Leone to finance their warfare. Mr Taylor faces 11 counts of war crimes and crimes against humanity related to his role in the conflict. His trial has been moved to The Hague for security reasons.
Earlier this week, his lawyers called for the dismissal of the charges saying the prosecution had not presented sufficient evidence of his link with the abuses.
Source: BBC
Issa Sesay was sentenced to 52 years, Morris Kallon to 40 years and Augustine Gbao to 25 years. They were found guilty in February of war crimes and crimes against humanity committed in the 1991-2001 conflict. "The chamber concluded that the inherent gravity of the criminal acts for which Sesay, Kallon and Gbao have been convicted is exceptionally high," the judges said. Tactics favoured by the rebels included amputating hands and arms or carving the initials RUF into the bodies of their victims. It is the last case to be held in the capital, Freetown, at the UN-backed Special Court for Sierra Leone.
The RUF trial began in mid-2004 and the court heard about the rebel commanders' role in the conflict. "The crimes were committed on a massive scale... Sierra Leoneans were raped, enslaved, hacked to death and brutalised," the AFP news agency quotes presiding judge Pierre Boutet as saying. "The impact of the crimes on the Sierra Leonean society has been enormous," he added. The RUF was notorious for using the so-called Small Boys Units - child soldiers forcibly recruited and issued with AK-47 assault rifles - who had a reputation for particular cruelty among the civilian population. "Children were deprived of normal education and some of them had the letters of the RUF branded on them as if they were the organisation's property," Mr Boutet said. By the time the conflict ended, tens of thousands of people had been killed while tens of thousands were left mutilated, their arms, legs, noses or ears cut off.
Thirteen people were originally indicted by the tribunal, but RUF rebel leader Foday Sankoh and his deputy commander Sam Bockarie died before coming to trial. When the RUF leaders were found guilty in February, the judges concluded they "significantly contributed" to a joint criminal enterprise with former Liberian President Charles Taylor to control the diamond fields of Sierra Leone to finance their warfare. Mr Taylor faces 11 counts of war crimes and crimes against humanity related to his role in the conflict. His trial has been moved to The Hague for security reasons.
Earlier this week, his lawyers called for the dismissal of the charges saying the prosecution had not presented sufficient evidence of his link with the abuses.
Source: BBC
Coal mine threat to world heritage site
Prized world heritage site Mapungubwe, where the famous gold rhino statuette was unearthed, could soon have the scar of an open-cast coal mine on its doorstep. The Vele Colliery project has sparked a row between the department of minerals and energy, which is driving it with single-minded determination, and the department of environmental affairs.
Mapungubwe is a protected site that forms part of the broader Limpopo Shashe transfrontier conservation area. Management of the park is also worried about the mine. Answering a DA question on Friday, Environment Minister Marthinus van Schalkwyk told Parliament that, with the information available to him, he could not support the awarding of mining rights. The project would have "detrimental environmental considerations" and "could further impact negatively on the 'sense of place' and tourism potential" of Mapungubwe, the Mapungubwe National Park and Greater Limpopo Shashe conservation area.
Vele Colliery is an initiative of Australian-owned Coal of Africa, which has signed a letter of intent to supply up to five million tons of coal annually from Vele and its sister project Makhado to steel giant Arcelor Mittal. The company wants to start operations at the end of this year, but the minerals department must first give the go-ahead, including an environmental green light. So far only a scoping report, which outlines the potential impact of the mine to be investigated, has been released. A full environmental impact assessment has to be conducted still.
Planned legislation will shift the responsibility for the environmental assessment of mining projects from minerals and energy to the environmental affairs department. The law, however, is still in its infancy. Van Schalkwyk told Parliament that he had communicated his concerns about the mine to the Minerals and Energy Department. Apart from aesthetic and pollution considerations, he was worried about its possible impact on floodplains and wetlands. He said his department "became aware of the proposed Vele Colliery at a very late stage in the process, when the Peace Parks Foundation brought it to our attention".
DA environment spokesperson Gareth Morgan said the expected opening of the mine at the end of the year implied that the scoping report "is merely a cynical attempt to ensure procedural compliance". Morgan called on Minerals and Energy Minister Buyelwa Sonjica to reject applications by companies wanting to mine in, or adjacent to, sensitive environmental areas.
Source: Mail & Guardian
Mapungubwe is a protected site that forms part of the broader Limpopo Shashe transfrontier conservation area. Management of the park is also worried about the mine. Answering a DA question on Friday, Environment Minister Marthinus van Schalkwyk told Parliament that, with the information available to him, he could not support the awarding of mining rights. The project would have "detrimental environmental considerations" and "could further impact negatively on the 'sense of place' and tourism potential" of Mapungubwe, the Mapungubwe National Park and Greater Limpopo Shashe conservation area.
Vele Colliery is an initiative of Australian-owned Coal of Africa, which has signed a letter of intent to supply up to five million tons of coal annually from Vele and its sister project Makhado to steel giant Arcelor Mittal. The company wants to start operations at the end of this year, but the minerals department must first give the go-ahead, including an environmental green light. So far only a scoping report, which outlines the potential impact of the mine to be investigated, has been released. A full environmental impact assessment has to be conducted still.
Planned legislation will shift the responsibility for the environmental assessment of mining projects from minerals and energy to the environmental affairs department. The law, however, is still in its infancy. Van Schalkwyk told Parliament that he had communicated his concerns about the mine to the Minerals and Energy Department. Apart from aesthetic and pollution considerations, he was worried about its possible impact on floodplains and wetlands. He said his department "became aware of the proposed Vele Colliery at a very late stage in the process, when the Peace Parks Foundation brought it to our attention".
DA environment spokesperson Gareth Morgan said the expected opening of the mine at the end of the year implied that the scoping report "is merely a cynical attempt to ensure procedural compliance". Morgan called on Minerals and Energy Minister Buyelwa Sonjica to reject applications by companies wanting to mine in, or adjacent to, sensitive environmental areas.
Source: Mail & Guardian
Monday, February 23, 2009
Dandala: It is my duty to help our nation
The Congress of the People (Cope) formally introduced its presidential candidate, Dr Mvume Dandala, to the media at Emperors Palace in Ekurhuleni on Monday.
Source: Mail & Guardian
Source: Mail & Guardian
Julius Malema is not a true leader
"Julius Malema is no true leader. He is only a dangerous rabble rouser and spreader of hate. This is the easiest type of politics. To bad-mouth opponents and call them cockroaches and snakes, anyone can do. In the short term one is popular but in the longer run your followers realize that you are not making any real contribution to solutions", Dr. Pieter Mulder, FF Plus leader said in reaction to the attacks of Malema on opposition parties.
The most difficult is to, with wisdom, give leadership to your followers. It may make you unpopular in the short term, but in the longer term you are proven to be correct and you rise as a true leader. This is the kind of leadership which Nelson Mandela had illustrated. Malema believes that ANC leaders have a history of controversy and tries to copy it on an amateurish level. As examples he however does not take Nelson Mandela, but Peter Mokaba with his "Kill the Boer" slogan and Winnie Madikizela-Mandela who wanted to free everyone with matches. Just like his role models, only the best is good enough for Malema. In the midst of his follower's poverty, he drives around with a Mercedes Benz E-class and lives in the rich man's area of Sandton.
South Africa can not afford to get stuck with this kind of leader and politics. A million Tutsi's were murdered in 1994 in genocide in Rwanda. That was preceded by hate speech in which Tutsi's were described as cockroaches which had to be eradicated.
If discipline disappears out of schools and society, then an individual such as Julius Malema becomes a youth leader. As youth leader he was elected at an ANC youth conference where poor behavior, alcohol abuse, indecent exposure and damage to property were the characteristics of the conference. In a disciplined society such as Japan or China, such a conference would have concentrated on the future of the country and Malema's kind of rhetoric would not even have been seen.
In order to prevent Malema from ever becoming president of this country, the ANC has to end in the opposition seats. No opposition party can succeed with this on its own. A coalition of opposition parties can succeed with this. That is why every voter has to go and vote for the party closest to its values. After the election, truly responsible leaders work together to accomplish this.
Source: Polity
The most difficult is to, with wisdom, give leadership to your followers. It may make you unpopular in the short term, but in the longer term you are proven to be correct and you rise as a true leader. This is the kind of leadership which Nelson Mandela had illustrated. Malema believes that ANC leaders have a history of controversy and tries to copy it on an amateurish level. As examples he however does not take Nelson Mandela, but Peter Mokaba with his "Kill the Boer" slogan and Winnie Madikizela-Mandela who wanted to free everyone with matches. Just like his role models, only the best is good enough for Malema. In the midst of his follower's poverty, he drives around with a Mercedes Benz E-class and lives in the rich man's area of Sandton.
South Africa can not afford to get stuck with this kind of leader and politics. A million Tutsi's were murdered in 1994 in genocide in Rwanda. That was preceded by hate speech in which Tutsi's were described as cockroaches which had to be eradicated.
If discipline disappears out of schools and society, then an individual such as Julius Malema becomes a youth leader. As youth leader he was elected at an ANC youth conference where poor behavior, alcohol abuse, indecent exposure and damage to property were the characteristics of the conference. In a disciplined society such as Japan or China, such a conference would have concentrated on the future of the country and Malema's kind of rhetoric would not even have been seen.
In order to prevent Malema from ever becoming president of this country, the ANC has to end in the opposition seats. No opposition party can succeed with this on its own. A coalition of opposition parties can succeed with this. That is why every voter has to go and vote for the party closest to its values. After the election, truly responsible leaders work together to accomplish this.
Source: Polity
Wednesday, February 18, 2009
Can You Stomach Investing In China?
Over the past several decades China has seen many significant improvements in its national health and quality of life, surely the result of the massive amounts of capital infused into the country since its initial embrace of controlled capitalism.
According to the World Health Organization, by 2005 the average life expectancy in the Middle Kingdom was just over 70 years old, whereas in 1952 it was closer to 30. The story among China's children is even more heartening. According to UNICEF, infant mortality rates had fallen from 1990 to 2000 from 65 to 31 infants per 1,000. These are just some of the positive signs of affluence China has experienced.
But serious problems remain. The Worldwatch Institute notes that industrial pollution accidents have played a major role in poisoning China's water supply, with 20% of it falling beneath national standards. While industrialization has brought obvious improvements in health, human rights violations remain the norm.
On Feb. 9 Human Rights Watch illustrated a lengthy list of atrocities it urges the United Nations to confront China about, including: forced confessions and torture in the justice system, child labor including in state schools and persecution of religious dissidents
Source: Forbes.com
According to the World Health Organization, by 2005 the average life expectancy in the Middle Kingdom was just over 70 years old, whereas in 1952 it was closer to 30. The story among China's children is even more heartening. According to UNICEF, infant mortality rates had fallen from 1990 to 2000 from 65 to 31 infants per 1,000. These are just some of the positive signs of affluence China has experienced.
But serious problems remain. The Worldwatch Institute notes that industrial pollution accidents have played a major role in poisoning China's water supply, with 20% of it falling beneath national standards. While industrialization has brought obvious improvements in health, human rights violations remain the norm.
On Feb. 9 Human Rights Watch illustrated a lengthy list of atrocities it urges the United Nations to confront China about, including: forced confessions and torture in the justice system, child labor including in state schools and persecution of religious dissidents
Source: Forbes.com
Monday, February 16, 2009
Senior National Prosecuting Authority (NPA) staff could be charged
The National Prosecuting Authority (NPA) has been aware for some time that Commissioner Mdluli from South African Police Service (SAPS) has been conducting an investigation in a matter involving some of its senior management.
However, the NPA is extremely concerned to learn from papers filed in a labour dispute that members of its senior management, including the acting head of the NPA Advocate Mokotedi Mpshe, are regarded as suspects in this matter.
There has been a considerable communication and meetings between Advocate Mpshe and Commissioner Mdluli in this regard, and no indication has been given to him that he is a suspect.
The acting head of the National Prosecutions Service, Advocate Sibongile Mzinyathi, has co-operated with SAPS. He has also not been informed that he is a suspect, nor was he warned as a suspect as required by law when he was interviewed about the matter.
An added concern is that an intercepted telephonic conversation of Advocate Leonard McCarthy, former head of the Directorate of Special Operation (DSO), appears to be the basis for this investigation. As far as the NPA is aware, it is a criminal offence to make a legal interception public as has been done in the labour dispute. It has also not been made clear to those interviewed whether this interception was made in terms of the law.
While the NPA is willing to co-operate in any investigation, it is very concerned about whether this matter is being handled in good faith and will seek to raise its concerns as soon as possible with the Minister of Safety and Security, Mr Nathi Mthethwa, and the acting National Police Commissioner Tim Williams.
The NPA regards the SAPS as a partner in the fight against crime, and respect its mandate to prevent and investigate crime. We trust that the existing inter-agency co-operation will assist in order to have our concerns addressed.
Enquiries:
Tlali Tlali
National Prosecuting Authority Spokesperson
Cell: 082 333 3880
Issued by: National Prosecuting Authority
16 February 2009
However, the NPA is extremely concerned to learn from papers filed in a labour dispute that members of its senior management, including the acting head of the NPA Advocate Mokotedi Mpshe, are regarded as suspects in this matter.
There has been a considerable communication and meetings between Advocate Mpshe and Commissioner Mdluli in this regard, and no indication has been given to him that he is a suspect.
The acting head of the National Prosecutions Service, Advocate Sibongile Mzinyathi, has co-operated with SAPS. He has also not been informed that he is a suspect, nor was he warned as a suspect as required by law when he was interviewed about the matter.
An added concern is that an intercepted telephonic conversation of Advocate Leonard McCarthy, former head of the Directorate of Special Operation (DSO), appears to be the basis for this investigation. As far as the NPA is aware, it is a criminal offence to make a legal interception public as has been done in the labour dispute. It has also not been made clear to those interviewed whether this interception was made in terms of the law.
While the NPA is willing to co-operate in any investigation, it is very concerned about whether this matter is being handled in good faith and will seek to raise its concerns as soon as possible with the Minister of Safety and Security, Mr Nathi Mthethwa, and the acting National Police Commissioner Tim Williams.
The NPA regards the SAPS as a partner in the fight against crime, and respect its mandate to prevent and investigate crime. We trust that the existing inter-agency co-operation will assist in order to have our concerns addressed.
Enquiries:
Tlali Tlali
National Prosecuting Authority Spokesperson
Cell: 082 333 3880
Issued by: National Prosecuting Authority
16 February 2009
Commission approves Vodafone-Vodacom merger
The Competition Commission has recommended the approval of the proposed large merger between Vodafone and Vodacom, it said on Monday. It has referred the transaction to the Competition Tribunal for approval. Currently, Vodacom is jointly owned by Telkom South Africa, which holds a 50% stake in Vodacom, and Vodafone, which also holds 50%. In terms of the proposed transaction, Vodafone will acquire a further 15% of the issued share capital in Vodacom from Telkom.
Vodacom will be listed on the JSE and Telkom will unbundle its remaining 35% shares in Vodacom to its own shareholders. On completion of the proposed transaction, Vodafone will hold 65% of the issued share capital of Vodacom. The remaining shares of Vodacom will be publicly held. Vodafone will exercise sole control over Vodacom post-merger, the commission said.
During its investigation of the proposed merger the commission established that Vodafone did not compete with Vodacom in any of the product markets in South Africa. "The commission is also of the view that the vertical integration between the parties is unlikely to result in any substantial prevention or lessening of competition," the commission said.
The commission contacted the merging parties' competitors and customers to solicit their views regarding the proposed transaction. No significant competition concerns were raised by either the customers or competitors of the merging parties. The commission's investigation revealed that there were "other credible players in the relevant markets in which the merging parties were involved".
The commission also concluded that there were "no significant public interest issues that warranted a prohibition or conditional approval of the transaction". The tribunal will hold public hearings into the matter on February 25 at 10am.
Source: Mail & Guardian -- Sapa
Vodacom will be listed on the JSE and Telkom will unbundle its remaining 35% shares in Vodacom to its own shareholders. On completion of the proposed transaction, Vodafone will hold 65% of the issued share capital of Vodacom. The remaining shares of Vodacom will be publicly held. Vodafone will exercise sole control over Vodacom post-merger, the commission said.
During its investigation of the proposed merger the commission established that Vodafone did not compete with Vodacom in any of the product markets in South Africa. "The commission is also of the view that the vertical integration between the parties is unlikely to result in any substantial prevention or lessening of competition," the commission said.
The commission contacted the merging parties' competitors and customers to solicit their views regarding the proposed transaction. No significant competition concerns were raised by either the customers or competitors of the merging parties. The commission's investigation revealed that there were "other credible players in the relevant markets in which the merging parties were involved".
The commission also concluded that there were "no significant public interest issues that warranted a prohibition or conditional approval of the transaction". The tribunal will hold public hearings into the matter on February 25 at 10am.
Source: Mail & Guardian -- Sapa
Friday, February 13, 2009
Guangdong GDP set to grow 8.5%
Guangdong province, the country's top economic powerhouse, is forecasting 8.5 percent GDP growth this year, a draft government report said yesterday.
The report is yet to be discussed by delegates to the provincial people's congress, which opens today in the provincial capital of Guangzhou. Growth will be less than last year's 10.1 percent, sources close to the provincial people's congress said. GDP of the province was about 3.57 trillion yuan ($522 billion) last year, down 4.6 percent on 2007.
"As the largest province in terms of GDP, Guangdong will face a tough time in 2009 as it has been greatly affected by the global financial crisis," Governor Huang Huahua said at a government work meeting in December 2008.
Source: China View
The report is yet to be discussed by delegates to the provincial people's congress, which opens today in the provincial capital of Guangzhou. Growth will be less than last year's 10.1 percent, sources close to the provincial people's congress said. GDP of the province was about 3.57 trillion yuan ($522 billion) last year, down 4.6 percent on 2007.
"As the largest province in terms of GDP, Guangdong will face a tough time in 2009 as it has been greatly affected by the global financial crisis," Governor Huang Huahua said at a government work meeting in December 2008.
Source: China View
Tuesday, February 10, 2009
Govt admits passport problems
Government on Tuesday admitted that there were "some problems" with its passport authorisation systems that had led to the United Kingdom imposing a visa requirement on South Africans travelling to that country.
"We as a country, and I think the department of home affairs, will be the first to admit that there has been some problems in our identity card authorisation system," foreign affairs director-general Ayanda Ntsaluba told a media briefing in Cape Town.
The UK on Monday announced all South African visitors would require a visa, citing a need to "strengthen its borders" as the reason for the move, set to affect about 420 000 travellers.
"Abuse of the South African passport remains a serious concern," the British High Commission in Pretoria said in a statement on Monday afternoon.
Source: News 24.com
"We as a country, and I think the department of home affairs, will be the first to admit that there has been some problems in our identity card authorisation system," foreign affairs director-general Ayanda Ntsaluba told a media briefing in Cape Town.
The UK on Monday announced all South African visitors would require a visa, citing a need to "strengthen its borders" as the reason for the move, set to affect about 420 000 travellers.
"Abuse of the South African passport remains a serious concern," the British High Commission in Pretoria said in a statement on Monday afternoon.
Source: News 24.com
Friday, February 6, 2009
Linda Mti's Bosasa bonanza
Controversial facilities management group Bosasa lavished flights and luxury hotel stays on former prisons boss Linda Mti -- while it landed prisons contracts worth more than R1-billion. The mutually beneficial relationship between Bosasa and Mti, now head of security for the 2010 Local Organising Committee, is laid bare by travel records in the Mail & Guardian’s possession.
They show that Bosasa:
* Sponsored the domestic air fare of Mti and his family members on at least five occasions;
* Paid for Mti’s stay at the luxury Hemingways hotel in East London on at least two occasions; and
* Rented premium cars for Mti when he visited East London at least twice.
Mti received these benefits while prisons commissioner. During the last two years of his tenure the group won contracts from the correctional services department worth more than R1-billion. Mti failed to respond to numerous queries, while Bosasa’s lawyer advised the company not to answer the M&G’s questions.
Mti left correctional services under a cloud of suspicion in 2006 after Beeld revealed that Bosasa’s company secretary, Tony Perry, had registered a private company for him. He was subsequently appointed head of security for the Fifa World Cup.
Bosasa’s travel records show that:
* On June 15 2005 Mti flew to East London at Bosasa’s expense and was put up in the four-star Hemingways hotel for four nights. The company also paid for his Avis premium rental car. The trip came shortly after Sondolo IT, 40% owned by Bosasa Operations, won a R237-million contract for the supply and installation of access control systems and CCTV at 66 prisons on April 29 2005.
* On July 25 2005 Bosasa sponsored the return airfare of Mti’s relative, Sehlule Mti, from Johannesburg to Port Elizabeth and back. Three days later Bosasa paid for Mti and then National Intelligence Agency deputy director general Gibson Njenje to fly from Johannesburg to Port Elizabeth.
In December 2005 Bosasa company Phezulu Fencing won a R487-million tender to supply and install security fencing at 66 prisons.
* On March 3 2006 Bosasa sponsored a weekend trip for Mti to East London, where he stayed in the Hemingways hotel’s presidential suite. Bosasa’s travel agent was instructed to rent a seven-seat Mercedes Benz Vito for Mti.
Two weeks later, on March 17 2006, Sondolo IT won a R224-million tender to install TV sets in all prison communal cells.
A day later Bosasa paid for Mti’s son, Vukani, to fly from Johannesburg to Cape Town on a return ticket.
Njenje told the M&G he was Bosasa’s founding non-executive chairman before being headhunted by the NIA. While in the NIA’s employ his travels to Port Elizabeth were covered by Bosasa twice -- on June 10 and July 28 2005.
He told the M&G he saw no problem with Bosasa paying for his travel while he was a state employee. “I was headhunted into a government position while active as a businessman with various interests. All I needed to do to comply with the employment conditions was to resign as an executive director from the companies,” he said.
“My shareholding and all benefits accruing were a matter of declaring and that I did as required. Some of the companies I was a shareholder in had or have relations with Bosasa. My private travel expenses would be one of the benefits that accrued to all the shareholders of the companies I am referring to.
“So, as it were, it was not a matter of Bosasa ‘sponsoring’ my travels, but an arrangement between companies.”
The M&G received three calls this week from “concerned Bosasa employees” who said they were afraid the M&G’s reporting about their employer would cost them their jobs.
Two threatened to organise a protest march on the M&G’s office, accusing the paper of being “racist” and printing “untruths”.
“Who will look after my children if I don’t have a job anymore?” an employee from the East Rand said.
Bosasa spokesperson Papa Leshabane did not return the M&G’s calls on the matter.
Here’s the proof
Annexure A: Confirmation of travel booking for Linda Mti and Gibson Njenje by Bosasa’s travel agent
Annexure B: Email from Bosasa’s operations coordinator Angelo Agrizzi to Bosasa’s travel agent about ‘VIP booking” for Mti
Annexure C: Confirmation of travel and accommodation booking for Mti by Bosasa’s travel agent
Source: Mail & Guardian
They show that Bosasa:
* Sponsored the domestic air fare of Mti and his family members on at least five occasions;
* Paid for Mti’s stay at the luxury Hemingways hotel in East London on at least two occasions; and
* Rented premium cars for Mti when he visited East London at least twice.
Mti received these benefits while prisons commissioner. During the last two years of his tenure the group won contracts from the correctional services department worth more than R1-billion. Mti failed to respond to numerous queries, while Bosasa’s lawyer advised the company not to answer the M&G’s questions.
Mti left correctional services under a cloud of suspicion in 2006 after Beeld revealed that Bosasa’s company secretary, Tony Perry, had registered a private company for him. He was subsequently appointed head of security for the Fifa World Cup.
Bosasa’s travel records show that:
* On June 15 2005 Mti flew to East London at Bosasa’s expense and was put up in the four-star Hemingways hotel for four nights. The company also paid for his Avis premium rental car. The trip came shortly after Sondolo IT, 40% owned by Bosasa Operations, won a R237-million contract for the supply and installation of access control systems and CCTV at 66 prisons on April 29 2005.
* On July 25 2005 Bosasa sponsored the return airfare of Mti’s relative, Sehlule Mti, from Johannesburg to Port Elizabeth and back. Three days later Bosasa paid for Mti and then National Intelligence Agency deputy director general Gibson Njenje to fly from Johannesburg to Port Elizabeth.
In December 2005 Bosasa company Phezulu Fencing won a R487-million tender to supply and install security fencing at 66 prisons.
* On March 3 2006 Bosasa sponsored a weekend trip for Mti to East London, where he stayed in the Hemingways hotel’s presidential suite. Bosasa’s travel agent was instructed to rent a seven-seat Mercedes Benz Vito for Mti.
Two weeks later, on March 17 2006, Sondolo IT won a R224-million tender to install TV sets in all prison communal cells.
A day later Bosasa paid for Mti’s son, Vukani, to fly from Johannesburg to Cape Town on a return ticket.
Njenje told the M&G he was Bosasa’s founding non-executive chairman before being headhunted by the NIA. While in the NIA’s employ his travels to Port Elizabeth were covered by Bosasa twice -- on June 10 and July 28 2005.
He told the M&G he saw no problem with Bosasa paying for his travel while he was a state employee. “I was headhunted into a government position while active as a businessman with various interests. All I needed to do to comply with the employment conditions was to resign as an executive director from the companies,” he said.
“My shareholding and all benefits accruing were a matter of declaring and that I did as required. Some of the companies I was a shareholder in had or have relations with Bosasa. My private travel expenses would be one of the benefits that accrued to all the shareholders of the companies I am referring to.
“So, as it were, it was not a matter of Bosasa ‘sponsoring’ my travels, but an arrangement between companies.”
The M&G received three calls this week from “concerned Bosasa employees” who said they were afraid the M&G’s reporting about their employer would cost them their jobs.
Two threatened to organise a protest march on the M&G’s office, accusing the paper of being “racist” and printing “untruths”.
“Who will look after my children if I don’t have a job anymore?” an employee from the East Rand said.
Bosasa spokesperson Papa Leshabane did not return the M&G’s calls on the matter.
Here’s the proof
Source: Mail & Guardian
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