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The ruling party has lost its way – Kasrils Prisons department to set up trading unit to boost training of inmates ANC plans ‘public input’ on Joburg metro spending Sisulu vows to intensify war on graft Mantashe chides Cosatu for naming choice of ANC leaders ANC may have to fire councillors after probe Zuma’s chickens are roosting at his personal ‘gates of hell’ EXPOSED: How Zuma got off the hook Nkandla: Zuma faces more questions Zuma must show some respect for SA’s citizens ANC top-job nomination process to heat up ANC’s winner in Mangaung may still lack legitimacy
20 November 2012 The Times Page 4 Dennis Williams The ruling party has lost its way – Kasrils Former intelligence minister Ronnie Kasrils has condemned the proposed secrecy bill, saying it is "toxic" and "devious". Addressing Right2Know campaigners outside parliament yesterday, Kasrils said that, by considering the bill, the government showed it had lost its way. As a previously long-serving member of the ANC and the SA Communist Party, he was very concerned. "I haven't given up on the ANC and the party and the alliance with Cosatu, but I am not happy. I am very worried." Kasrils said the secrecy bill, if enacted in its current form, would hide corruption and protect "swindlers" in positions of power. "There are too many things going wrong in the country for us to be quiet. We've been associated with the ANC, we should not just pretend loyalty and grit our teeth and sit on our hands. We actually have the right to say to that government of the ANC . that we are worried and we can see our people losing confidence and trust in you," he said. Arguments that the bill still protected freedom of information and expression were nonsense, he said. "Don't give us that type of hogwash because when you read the bill you begin to see how devious it is," Kasrils said. He had hoped that the concessions made to protect whistle-blowers and journalists in the earlier stages of deliberations by the ad-hoc committee on the protection of State Information Bill would not be done away with as they had. "We thought they had made progress . [but] it's looking like a dog's breakfast of toxic gruel that I said it was right from the beginning and the poisons are there and the sharp bones are there that will choke us in the end," Kasrils said. After a presentation to the committee by State Security Minister Siyabonga Cwele last month, the ANC withdrew its proposal to scrap a clause that gave the bill the supreme power over all other laws.
The party also backtracked on its suggestion that there would be a minimum sentence for whistleblowers. The hearing, adjourned early last week because none of the political parties opposed to the bill attended, is expected to reconvene tomorrow, ahead of the vote scheduled for November 29. Kasrils was speaking on the first day of a week-long, 24-hour "camp-out" organised by the Right2Know campaign. Its national coordinator, Mark Weinberg, said the public had the right to know on what the government was spending public money. "Where does the money go, why are the wages set the way they are, why are taxes set the way they are, why are the taxes spent the way they are, why are does the profit leave the country the way it does?" said Weinberg. IFP MP Mario Oriani-Ambrosini was also present. "I'm here to show my support I fought against this bill for two years and I will continue to fight when it comes to the National Assembly," he said.
20 November 2012 Business Day Page 4 Ernest Mabuza Prisons department to set up trading unit to boost training of inmates THE Department of Correctional Services plans to establish a trading entity that would offer products and services ranging from furniture, clothing, steel works, food and many others for sale. This would help inmates acquire the skills to make them productive members of society upon their release from prison, Correctional Services Minister Sbu Ndebele said on Monday. The products would be sold to the private sector and nongovernmental organisations, and some would be donated to poor communities. Mr Ndebele was speaking on Monday at a conference in Boksburg aimed at finding solutions to South Africa’s high rate of incarceration and breaking the cycle of crime. He said a number of proposals had been suggested to reduce overcrowding in the country’s prisons. These included reducing the number of remand detainees — those awaiting trial — and getting nonviolent sentenced offenders to serve most of their sentence outside prison.
The country has the ninth-highest prison population in the world and the highest in Africa. By the end of April, 156,659 offenders and remand detainees were housed in prisons designed for 118,968 people. Of the prison population, 44,232 are remand detainees. Mr Ndebele said one of the solutions the department was considering was building new centres that would focus on rehabilitation. Mr Ndebele said imprisonment should aim at re-education, not vengeance. This was because 95% of all inmates ultimately returned to their communities. "Therefore, conviction and sentencing can no longer be meted in isolation from eventual reintegration." Mr Ndebele said key to rehabilitation is empowering offenders with skills to function effectively in society upon their release, but also to ensure they are involved in productive activity while serving their sentences. "Therefore, the establishment of a trading entity is being prioritised, which will impact positively on utilisation of offender labour. Through this trading entity, we can offer our customer base consisting of government, NGOs and the private sector a wide variety of products and services, ranging from furniture, clothing, steel works, food products, agriculture and many others. In addition, we will continue to donate these products to disadvantaged communities from time to time to help alleviate poverty," he said. Chairman of the national council on correctional services, Judge Siraj Desai, said the problem of overcrowding was worsened by the high number of prisoners serving life sentences. He said in 1995, there were 433 prisoners in jail for life. The figure now is 10,314.
20 November 2012 Business Day Page 4 Setumo Stone ANC plans ‘public input’ on Joburg metro spending CHANGES in budget planning could be on the cards in the Joburg metro, as the African National Congress (ANC) in the region seeks to increase public participation in determining priority projects at local level. The ANC secretary in the Johannesburg region, Dada Morero, said on Monday plans to adopt a new ward-based budgeting process were at an early stage.
The proposed process would see each of the 130 wards in Johannesburg having separate meetings in their localities, where a list of priorities will be drafted. In terms of the current integrated development planning (IDP) process, all wards gather at a central venue to decide priority projects. "The new consultation process will be done every year as a part of the IDP," said Mr Morero. The city would then allocate the available resources according to the urgent requirements of communities. This comes amid signs that there is a growing disconnect between the government and citizens — a trend blamed for the rise in violent service delivery protests this year. Ward councillors have borne the brunt of the frustration on the ground. In the past two years in Gauteng, nine councillors’ houses have been burnt during service delivery protests in Soweto and KwaThema townships. Yet Johannesburg has in fact experienced fewer service delivery protests than other cities. Local government is the only sphere where communities elect public representatives directly. Previous attempts to ensure more community participation in wards, including the strengthening of ward committees, appear to have fallen short. Analysts have long warned that communities cannot gain access to the government, and forums are needed to encourage local participation. Last year, Deputy Co-operative Governance and Traditional Affairs Minister Yunus Carrim acknowledged that voters who protest have genuine grievances, that they have a right to be heard, and that the problem was that local voters did not have enough of a voice. In the past, Mr Carrim has also suggested that one approach to give assistance to ward councillors would be to offer them stipends and reshape ward committees to include civil society groups and sectors such as churches, local businesses and sports bodies. During the municipal elections last year, the ANC also decided to have communities participate in the selection of their ward candidates. However, in some cases this system was the source of community protests. ANC ward councillor candidates were previously chosen by branch activists. The ANC’s national elective conference next month in Mangaung is expected to provide guidelines on improving forms of community participation in local government. Mr Morero said he did not expect the new system to be complicated and expected that such ward-based consultation could be conducted in a week.
Political analyst Steven Friedman said the new process could be more democratic but the challenge would be in ensuring that the majority of the people were represented in the budget planning meetings. 20 November 2012 Business Day Page 3 Linda Ensor Sisulu vows to intensify war on graft PUBLIC Service and Administration Minister Lindiwe Sisulu makes no bones about the fact that corruption in government is "endemic" and like each of her predecessors vowed on Monday in Parliament to do something about it. However, Ms Sisulu’s promises are likely to be greeted with scepticism as the public has heard similar ones far too often before. Countless anticorruption plans have been devised, none of which have gone to the core of the problem as identified recently by Public Service Commission director-general Richard Levin — namely that public servants are still allowed to conduct business with the state on condition that they declare their interests. Prof Levin proposed that government employees should be prohibited from having outside business interests. This, he believed, was essential if corruption was to be rooted out. Ms Sisulu’s undertaking that yet another anticorruption unit is in the offing is also likely to be greeted with public scepticism as this seems to be the standard solution offered by the government. This one, she says, will have "adequate powers" to investigate corruption. "I have resolved that the Department of Public Service and Administration needs to take a more aggressive approach in eliminating corruption in the public service," Ms Sisulu said in reply to a question by Congress of the People leader Mosiuoa Lekota in Parliament on Monday. Ms Sisulu said the department was currently implementing the Public Service Anti-Corruption Strategy 2002 but added that the strategy was under review "given the endemic nature of corruption and its corrosive effect on governance". "The department has been instructed to craft a strategy that will include, inter alia, the creation of an anticorruption unit with adequate powers to investigate corruption. "The strategy must close all the shortcomings that we have had in the implementation of all the strategies that have been drawn up to now, such as
capacity, powers, preventative measures, co-ordination with other anticorruption agencies, etc. One of the glaring shortcomings of our corruption fighting efforts has been the absence of professional investigators." Among the successes achieved by the government so far in its fight against corruption, Ms Sisulu said, was the capacity-building programme aimed at strengthening competencies to prevent, detect, monitor and investigate corruption; the national anticorruption hotline; and the introduction of the code of conduct and a financial disclosure framework for senior managers. Ms Sisulu said she had prioritised the activities of the National Anticorruption Forum. 20 November 2012 Business Day Page 3 Natasha Marrian Mantashe chides Cosatu for naming choice of ANC leaders IT IS "outright rude" and it bordered on "despising" the African National Congress (ANC) for its ally, the Congress of South African Trade Unions (Cosatu), to pronounce on the party’s leadership preferences, ANC secretarygeneral Gwede Mantashe said on Monday. Cosatu has been engaged with the ANC leadership question for more than a year. Different views on the matter have led to rifts in the federation, particularly between its president Sdumo Dlamini, an avid supporter of President Jacob Zuma and general secretary Zwelinzima Vavi, a critic of the administration. Cosatu, following an intense special central executive committee meeting in September, endorsed Mr Zuma to lead the ANC for a second term. It also decided that it would "engage" with his likely challenger, Deputy President Kgalema Motlanthe, to compel him not to stand against the incumbent. Cosatu president Sdumo Dlamini repeated this position in KwaZulu-Natal at the weekend. Speaking at a media briefing on Monday, Mr Mantashe said the ANC had made it clear to its labour ally that "you cannot pronounce on your preferences of leadership of an alliance partner". "It is actually rude to think that you can take over the ANC and steam ahead and announce on your preferences, it’s outright rude," Mr Mantashe said.
"We repeated that with Comrade Sdumo that it is totally unacceptable and it’s rude and actually it’s bordering on despising the ANC, that there is no ANC, that the ANC must be tailing Cosatu on everything it does, it can’t be correct." Cosatu’s support for Mr Zuma ahead of the Polokwane conference aided his ascendancy to the helm of the ruling party. It also saw Mr Mantashe himself elected as secretary-general. This time around, Mr Mantashe argued that Cosatu’s preoccupation with the ANC leadership was going a step too far. Cosatu affiliates, including the National Union of Metalworkers of SA (Numsa), have been vocal over the need for a shift by the ANC leadership in addressing unemployment, inequality and poverty. However, Numsa was at the receiving end of a tongue-lashing from Mr Mantashe earlier this year for publicly criticising the ANC national executive committee. Mr Dlamini on Monday declined to comment on Mr Mantashe’s views. "I would rather not comment to defend the Cosatu position in the media, particularly on this matter." Mr Mantashe has also criticised ANC provincial executive committees for pronouncing on their preferences for the party’s leadership before branches could nominate leaders for the top six positions, saying that the provinces were running branch processes with preconceived outcomes. 20 November 2012 Business Day Page 1 Sam Mkokeli and Natasha Marrian ANC may have to fire councillors after probe THE African National Congress (ANC) may have to fire some of its local government councillors after a high-level probe discovered manipulation and fraud in the processes that nominated them. This raises the prospect of by-elections — and the ANC has not been performing well in recent municipal polls. The report of a task team chaired by Nkosazana Dlamini-Zuma was tabled and endorsed at a meeting of the ANC’s national executive committee at the weekend. It investigated 416 complaints of councillors who did not have the support of their communities. The team was established ahead of last year’s municipal elections to quell tensions after some candidates were rejected.
There were violent protests in some communities where people called on ANC leaders to remove candidates they had not endorsed, but who had made it onto the party’s list. The ANC had, for the first time, allowed community members to vet its candidates, but gatekeepers circumvented the process and nominated their preferred candidates ahead of those who had been endorsed by a screening committee and had popular backing. The task team found instances where there was "malicious compliance" with screening procedures, where there had been no "substantive" adherence to the party’s guidelines for candidates. "In some instances the number of participants (in the vetting processes) was deliberately limited in order to facilitate manipulation," its report read. Residents were mobilised to disrupt vetting meetings in an attempt to influence the outcome. Some of the meetings were often deliberately manipulated through a tactical choice of location and selective short notice, said the report. Officials mandated to run the screening committees were found to have rewritten reports. In many cases, popular candidates were ditched and the reasons for this were not communicated to the ANC branches that backed them. There were instances where councillors who won their positions fraudulently victimised ANC branch members who had backed another candidate. The task team also uncovered councillors who demanded bribes to "facilitate the rendering of basic services". President Jacob Zuma promised last year that councillors found to have been fraudulently put into their positions would be removed. ANC secretary-general Gwede Mantashe downplayed the extent of the problem on Monday. "The task team investigated 419 complaints. This confirms that the majority of the 4,016 wards of the ANC adhered to the guidelines of the ANC. Those 419 wards that had problems constitute 10% of the wards we had as the ANC," he said at a press conference. Mr Mantashe said the party’s national executive committee resolved that all the recommendations of the task team will be implemented. "If the team says redo the ANC process, we’ll redo the ANC process. Where the task team says here there was total flouting of the rules, we will recall that councillor, go for a by-election and contest that ward from scratch," he said.
The task team’s report will be sent to the ANC’s provincial structures and its recommendations will be handed to the new national executive committee — which will be elected next month — for implementation. Mr Mantashe said the affected councilors would not be recalled before the party’s conference next month because its structures were "hectic" with leadership candidate list processes. 20 November 2012 Business Day Page 15 Paul Hoffman Zuma’s chickens are roosting at his personal ‘gates of hell’ JAMES Selfe is the Democratic Alliance (DA) MP who has done most of the running since Helen Zille hand-delivered an urgent application for the review and setting aside of the prosecutorial decision to withdraw 783 charges of corruption, fraud, money laundering and racketeering against then private citizen Jacob Zuma in April 2009 to the North Gauteng High Court in the same month. Much water has flowed beneath the political bridge since then. In May 2009, Zuma became president of South Africa, having been elected leader of the African National Congress (ANC) in Polokwane in December 2007. He plans to run for re-election in Mangaung next month. The review litigation has been pursued doggedly, but without much urgency. The initial high court decision in the matter, dismissing the case, was successfully appealed by the DA in the Supreme Court of Appeal in March, and the prosecutors were then ordered to make the record on which the decision to withdraw charges was based available to the DA in its capacity as applicant in the review, preparatory to the airing of the review in the North Gauteng High Court. Although respect for the order of the Supreme Court of Appeal would normally dictate that the record be handed over in April, no such handing over has taken place, largely because Zuma objects, on the grounds of supposed confidentiality, to the disclosure of certain secretly made tape recordings of conversations between prosecutors past and present, on which the decision of then acting national director of public prosecutions Mokotedi Mpshe was based. Selfe is quoted in the weekend press as saying that the DA is prepared to "go to the gates of hell" (via the Constitutional Court, if necessary) to get hold of the "spy tapes". If the tapes were ever confidential, which is open to considerable doubt, their "confidentiality" has been forever compromised by the publication in the
Sunday Times of a summary of 300 pages of leaked material, as well as extracts from the tape recordings upon which reliance was placed as a pretext for withdrawing charges against Zuma. These have been dribbled into the public domain in recent weeks, presumably to boost newspaper circulation and the blood pressure of the nation in the runup to next month’s ANC elective conference in Mangaung. As has long been suspected, the tapes reveal an utterly irrelevant conversation between then Scorpions boss Leonard McCarthy and his former boss, Bulelani Ngcuka, regarding the timing of service of the summons on Zuma. This was a conversation about which Mpshe knew nothing at the time that he decided (all on his own) to press the 783 charges by serving a summons on Zuma at the end of December 2007 and in Johannesburg rather than Nkandla. It beggars belief that Mpshe could ever have entertained the notion that the gossip on the tapes has or had any relevance in the matter. The recently leaked documents show that the advice of legal heavyweights Wim Trengove and Andrew Breitenbach was sought in relation to the relevance of the content of the tapes. They were unanimous in their agreement that this should not give Zuma a free pass. To his credit, Mpshe did, when announcing the withdrawal of the prosecution, insist that the prosecution service remained convinced of its ability to secure a conviction on the merits of the charges so withdrawn. The constitutionally guaranteed independence of the prosecution service was compromised by Mpshe’s decision to bow to the not inconsiderable political pressure being brought to bear on him. His prospective accused was, at that time, the most popular politician in the ANC and its candidate for the presidency in the elections that were held in May 2009. Threats of popular uprisings, damage to the economy and the undermining of the 2010 Soccer World Cup were used to persuade the hapless Mpshe to withdraw the charges. The fact that he was but an acting chief prosecutor also rendered him more vulnerable to political manipulation; it is the president who makes the appointment to this key post. Mpshe never did rise to that rank; the honour was given to an even more malleable cadre, Menzi Simelane, in circumstances that did not stand up to constitutional scrutiny.
In a strange twist of fate, the litigation around Simelane’s appointment, which started after the review of the decision not to prosecute Zuma, has made its way through the courts faster than the review has done. The upshot of this is that the country once again has an acting chief prosecutor at a critical juncture in relation to the future of the prosecution of Zuma on those 783 charges. As it is likely, on a fair conspectus of the documents summarised in the weekend press reports and the material already filed on record, that the review will succeed, it will fall to the current leadership of the National Prosecuting Authority to deal with the considerable fallout of such a finding. The idea of the reinstatement of the charges, and of a president who spends more time in the dock than in the Union Buildings, is a dismal prospect for all concerned. Yet, if the notion of equality before the law enshrined in the bill of rights means anything, it is imperative for the reputation of the National Prosecuting Authority and for the proper administration of justice that the trial should proceed and that Zuma should have his day in court. Due to the number of charges, the complexity of the case and the stalling tactics already very much in evidence, it is unlikely that the "day in court" will mean a trial any shorter than the marathon to which Zuma’s former financial adviser, Schabir Shaik, was subjected on his way to being convicted and sentenced to 15 years’ imprisonment. If Zuma goes the full distance in the prosecution and is convicted, it is unlikely that his sentence will be any less than Shaik’s. If he is acquitted after a long trial, his credibility on the world stage will be akin to that of former Italian prime minister Silvio Berlusconi. This would not be a leadership phenomenon a developing country on the hunt for foreign direct investment can afford. It is possible that the day in court will be no more than a day if a suitable plea bargain is struck. The trouble with a plea bargain is that it is likely to be one that puts an end to Zuma’s political career. It does not seem that the ANC is ready to relinquish its leader, despite the strong views among the professional prosecutors that they will be able to secure convictions in the case against Zuma. Why any political party would want a leader under so considerable a cloud is best explained by the party in question. A plea bargain would also not fit in with the "Stalingrad strategy" which Zuma has hitherto adopted with so much success at slowing down the criminal case and the review proceedings in which he is involved, not as head of state, but as a potential accused in a serious corruption prosecution. The building of the bunker at Nkandla, a home improvement that no other president has seen fit to acquire, may be the last gambit in the "Stalingrad strategy" as the chickens inevitably come home to roost for Zuma, at his personal "gates of hell", as Selfe puts it.
18 November 2012 Sunday Times Page 1 Stephan Hofstatter, Mzilikazi Wa Afrika and Rob Rose EXPOSED: How Zuma got off the hook South Africa's top prosecutors were overwhelmingly in favour of pressing ahead with the corruption case against Jacob Zuma and had dismissed the so-called "spy tapes" as irrelevant just days before the charges were sensationally dropped in April 2009. This is revealed in more than 300 pages of explosive internal e-mails, memos and minutes of meetings leaked to the Sunday Times. The documents raise questions over why then-prosecutions boss Mokotedi Mpshe ignored all their advice and let Zuma off the hook, citing the "spy tapes" as evidence that Zuma was the victim of a plot. They also lift the lid on the high drama and intense internal wrangling that put SA's criminal justice system on trial in one of the most dramatic episodes of the country's recent past. The documents reveal for the first time that the Scorpions team prosecuting Zuma:
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Believed Zuma was trying to "blackmail" them into dropping the charges by threatening to release information on the tapes that would be embarrassing to the National Prosecuting Authority (NPA); Urged Mpshe several times to proceed with the prosecution after being briefed about the "spy tapes"; Pointed out "fatal" legal flaws in Mpshe's decision not to proceed; and Questioned former NPA boss Bulelani Ngcuka twice about the tapes. Ngcuka said the same people who accused him of being an apartheid spy were behind these tapes.
The documents include minutes of a briefing held in Mpshe's boardroom on March 18 2009 by asset forfeiture unit head Willie Hofmeyr and Pretoria prosecutor Sibongile Mzinyathi - the only two NPA officials who listened to the tapes. The minutes reveal that Zuma's lawyer, Michael Hulley, approached Hofmeyr with "new evidence" that he said warranted dropping the charges against Zuma - phone taps of Scorpions boss Leonard McCarthy - that he asked Hofmeyr to listen to. Hulley did not disclose evidence of these "spy tapes" in written representations he made to the NPA on Zuma's behalf weeks earlier. The tapes "seemed to be" from the National Intelligence Agency and would be used by Hulley to argue for a permanent stay of prosecution.
According to notes made by Hofmeyr and Mzinyathi while they listened to the tapes, the recordings reveal McCarthy was "part of a campaign for Thabo Mbeki" to win the ANC elective conference in Polokwane in December 2007, which Zuma won. But Hofmeyr and Mzinyathi's notes also state that Mbeki had told McCarthy not to charge Zuma and former police commissioner Jackie Selebi before Polokwane. Notes from the meeting say the team prosecuting Zuma "was not aware of this manipulation and conspiracies - they followed the evidence. Unfortunately, I doubt if any will ever believe them. This is a sad, sad day in the history of SA!!!". These new documents intensify the mystery of why Mpshe would take a decision diametrically opposed to his senior prosecutors working on the case, and is likely to add weight to a case brought by the DA to have it reviewed. They reveal that on at least two occasions after the "spy tapes" briefing - on March 20 and on April 2 2009 - prosecutors sent a memo to Mpshe urging him to press ahead with the Zuma prosecution. Attached to one of the memos was a letter prosecutors expected Mpshe to sign and send to Hulley, rejecting the "spy tapes" as a reason for dropping charges. "A decision not to prosecute ... would undoubtedly be regarded by many as simply caving in to political pressure," the letter, which was never signed by Mpshe, reads. "After anxious consideration, I have concluded that my decision to indict your client in 2007 was not influenced, improperly or otherwise, by McCarthy." The letter also states that Hulley's threat to include allegations of political interference based on the "spy tapes" in a court application, and his "observations that this would be a great embarrassment to the NPA and the persons concerned" amounted to "blackmail". The new documents unearthed this month show Zuma's chief prosecutor, Billy Downer, former KwaZulu-Natal Scorpions boss Anton Steynberg and two top jurists they consulted - Wim Trengove and Andrew Breitenbach - were unanimous the "spy tapes" should not give Zuma a free pass. "We consider that the oral representations [from Hulley about the tapes] do not change our recommendation [to charge Zuma] and we stand by it," Downer states in a memo on behalf of the prosecution team sent to Mpshe on March 20 2009. "To accede to [Zuma's] representations, apart from being contrary to the merits and the interests of justice, would not be appropriate. Such a course of conduct, however weighty the reasons given in support thereof, will forever leave the impression that the NPA has become a pawn of the political establishment and cause irrevocable damage to public confidence in the system of justice."
Mzinyanthi - the only other person who listened to the tapes with Hofmeyr and Thanda Mngwengwe, the former Scorpions boss who charged Zuma in 2007 - also reportedly wanted Zuma's prosecution to go ahead despite the "spy tapes". Despite this, on April 6 2009, Mpshe announced that charges against Zuma would be withdrawn because the "spy tapes" contained evidence that McCarthy and Ngcuka had conspired to remove Zuma from office. Only Hofmeyr apparently believed that McCarthy's "alleged prosecutorial misbehaviour" warranted dropping the charges against Zuma, according to one memo. After Mpshe made his bombshell announcement of dropping charges , a flurry of e-mails and memos reveal how unhappy other top prosecutors were with his decision. In one sent to Mpshe on April 14 2009, setting out the team's reservations, Downer states that the "legal motivation" for the decision is "questionable and may be vulnerable on review". He criticises the prosecution boss for relying "heavily" on the "abuse of process" doctrine in the UK and Canadian law, without any reference to SA law. "We are concerned that this doctrine may have been inappropriately applied without due consideration of its applica-bility in our law." The key issue, whether the abuse of process would have prevented Zuma from having a fair trial, "was not even addressed", the memo states. Moreover, two key questions - whether McCarthy's manipulation of the prosecution improperly influenced Mpshe's decision to charge Zuma after Polokwane, and whether he still considered that the decision to prosecute was correct - were never answered. "This failure appears to us to be fatal to the correctness of the decision," the memo states. The documents also reveal fascinating details never published before about McCarthy's role in manipulating Zuma's prosecution for political ends. One memo, titled "Combined team synopsis of the November/December 2007 decision to prosecute", states that Scorpions investigator Johan du Plooy objected to McCarthy's plans to serve summons on Zuma at Nkandla on December 26 2007. Du Plooy considered this "outrageous and unsafe", and the plan was shelved. Two days later he joined the sheriff in serving the summons on Zuma at his Joburg residence. E-mails also reveal that after being briefed about the "spy tapes" Mpshe repeatedly tried to reach McCarthy at the World Bank, where he now works as vice-president of integrity, to get him to answer the charges of being part of a political conspiracy. "It would appear, on the face of it, that the recorded conversations may damage your integrity," Mpshe wrote in one e-mail. "They include that you
may have been party to a conspiracy to use the NPA's prosecution process irregularly to attempt to influence politics." McCarthy eventually replied that he deemed Mpshe's questions "irrelevant" and declined to answer them. DA chairman James Selfe said this week that the NPA was clearly in contempt of court by not handing over the "spy tapes", which Mpshe said in 2009 were independently obtained and declassified. Despite the court order given in March, the DA went back to court in September to force the NPA to hand over the tapes - a case only likely to be heard early next year. "We'll go to the Constitutional Court if we have to. We'll go to the gates of hell to get this," said Selfe. Hofmeyr and Downer referred all questions to the NPA, which declined to answer them. Asked if it had caved in to blackmail by dropping charges against Zuma despite strong opposition within its own ranks, NPA spokesman Bulelwa Makeke said: "This is a sideshow that the NPA would rather not be part of at this point, as it is still awaiting a court ruling on this matter." Ngcuka failed to answer questions he asked to be sent to him. McCarthy and Hulley didn't reply to e-mails or messages left for them. 18 November 2012 Cape Times Sapa Nkandla: Zuma faces more questions Johannesburg - Opposition parties on Sunday lashed at President Jacob Zuma for “misleading” Parliament about the bond he had on his house in Nkandla. “As the president was speaking under his oath of office, he seems to have knowingly misled Parliament and the nation that he had a bond, and this amounts to perjury. “This is a very serious offence under the Constitution and the law as indicated in Section 89 of the Constitution of the Republic,” said Congress of the People leader Mosiuoa Lekota. The City Press newspaper reported that the land on which Zuma's home stands was owned by the Ingonyama Trust, headed by King Goodwill Zwelithini, which managed 32 percent of all land in KwaZulu-Natal on behalf of the state for the benefit of its occupants. On Thursday, Zuma told Parliament: “I took the decision to expand my home and I built my home with more rondavels, more than once. And I fenced my
home. And I engaged the bank and I'm still paying a bond on my first phase of my home.” The newspaper said it had been unable to locate public records to support Zuma's claim that the Nkandla property was bonded. The deed document for the property showed that the Ingonyama Trust was the owner. Belinda Benson, Ingonyama Trust's property manager, confirmed to City Press that the deeds office records, uncovered by the newspaper, were for Zuma's homestead. Democratic Alliance leader Lindiwe Mazibuko said: “Serious consequences must follow if President Zuma misled Parliament this past week about having a bond on his private home in Nkandla. She said what Zuma did reflected negatively on his office and warranted the most urgent and immediate consideration by the National Assembly. “I will today (Sunday) write to the Speaker of the National Assembly, Max Sisulu, and urge him to request clarification from the Presidency as to the reports in the City Press today, as they seriously risk bringing Parliament into disrepute,” Mazibuko said. - Sapa
19 November 2012 Business Day Page 9 Aubrey Matshiqi Zuma must show some respect for SA’s citizens ON SATURDAY, I watched the excellent DVD, Africa Rising, by the renowned South African house DJ, Black Coffee. The DVD, which was recorded at the Moses Mabhida Stadium in Durban, is one of the best things to come out of Mzansi. That I love house music is not the issue. What is important, is the fact that the Black Coffee DVD made me think a lot about what, in my recently published short e-book, I refer to as the Zuma Moment. One of the things I find interesting about the Zuma Moment is the effect the ascendancy of President Jacob Zuma to the presidency of the African National Congress (ANC) in Polokwane and that of the country in May 2009 has had on popular culture. This, of course, started with what I believe is the sense of confidence and significance the Zuma Moment has lent to the people of KwaZulu-Natal. Here, I am not referring to the narrow Zulu nationalism and chauvinism of some among us.
I remember standing at a street corner in Durban during the 2010 national general council of the ANC, where I saw something I had never seen before. Something about the people of this city was different, and this is something I had not seen when I lived in Lamontville and went to school in Umlazi. The people I saw in Durban in 2010 exuded a sense of confidence that was new to me, and I am as convinced now as I was in 2010 that the election of Zuma as ANC president and head of state had a lot to do with it. In terms of popular culture, I believe that the explosion of what in local music we call the Durban Sound is to some extent a product of the Zuma Moment. The influence of kwaito and house artists from Durban such as Zakes Bantwini, Big Nuz, Professor and, of course, Black Coffee, bears testimony to the fact that the Zuma Moment has had an effect well beyond the realm of politics. Assuming that the Zuma Moment will be extended in Mangaung next month, the influence of the Durban Sound, as well as the sense of confidence it represents, bar some aesthetic shifts, is set to continue too. Unfortunately for Zuma, what seemed to have subsided has now made a very strong comeback. In the months leading up to the Polokwane conference, it was argued by some that Zuma lacked the ability to govern a modern state and economy. The sense of resignation that followed his election has now mutated into a crescendo in the sound and volume of condemnation. Unlike the Durban Sound, the condemnation is not music to Zuma’s ears, because it is not the sound of veneration. To the president, it is not the sound of music at all. It is the disparaging, disdainful and shrill tones of the vindicated. And his outburst in Parliament last week suggests that this is the most atonal and discordant thing he has heard since the heydays of Polokwane. In effect, Zuma has become a political conductor — a medium through which, in part, the Durban Sound transmits all that is perceived to be good and beneficial about the Zuma Moment. Others, on the other hand, are using the same medium to transmit their perceptions of what they believe is wrong with SA today. In their eyes, Zuma is the worst thing that has happened to this country since the advent of democracy in 1994.
Unfortunately, the manner in which Zuma dealt with allegations that astronomical sums have been spent to upgrade his home looked to me like a finger — the middle one. As much as Zuma believes he must be treated with respect, it is incumbent on him to show some respect for the citizens of this country, especially since, as head of state, he is their chief servant. The fact that some among us are idiotic in their opposition to him does not change this. Mr President, the decision to treat us with respect or disdain should not be contingent on the conduct of your detractors.
ANC’s winner in Mangaung may still lack legitimacy 19 November 2012 Business Day Page 3 Stephen Grootes WHOEVER is elected leader of the African National Congress (ANC) at its conference next month may suffer from a lack of legitimacy, with implications for the long-term future of the party. This is because last week ANC Veterans League chairman Sandi Sejake publicly claimed there had been manipulation of branch numbers within the ANC. He suggested that unless serious steps were taken, the leadership elected during the party’s Mangaung conference would lack legitimacy. On the same day, reports emerged claiming that a group of armed men had burst into an ANC branch meeting in Ekurhuleni in Gauteng and forced party members present to vote to nominate President Jacob Zuma. Also, perceptions of the fairness of Luthuli House, the party’s head office, appear to be open to question, with those who stand to lose out at Mangaung appearing to be prepared to make claims, even if they cannot make them stand up. Mr Sejake’s claims appear to bolster the arguments of those who have suggested that the number of branches in KwaZulu-Natal has been inflated to strengthen Mr Zuma’s chances. Mr Sejake’s position, his seniority, and the fact he is making the claims in public could all serve to start a debate within the ANC about the numbers.
The alleged attack in Ekurhuleni also leads to suspicions Mr Zuma’s supporters are prepared to resort to violence. As this occurs amid claims that he is using the Umkhonto we Sizwe Military Veterans Association as a private army, the claims could gain some currency. The association has denied the suggestions but has issued several statements that could be interpreted as threatening to Mr Zuma’s opponents. Many ANC branches appear to be battling to reach quorums at branch general meetings, held to nominate leaders. All of these factors, when taken together, could point to problems around legitimacy for Mr Zuma, should he be re-elected. At the same time, several ANC leaders, particularly his rival, Deputy President Kgalema Motlanthe, have spoken out against the use of "slates", the practice where ANC leaders run for positions as a group. However, at this stage it appears whoever wins at Mangaung will probably have used a slate, thus further de-legitimising themselves. This means that when certain disputes within the party have to be resolved after the conference, Mr Zuma could appear to lack the moral and political authority to intervene. As the ANC appears to grow in membership and finds consensus harder to attain, these disputes could become more common. At the same time, they will become harder to resolve because he and other elected leaders would find it hard to create long-term solutions to problems and could only have the legitimacy to create short-term solutions. One of the more important moments of Mr Zuma’s first term as ANC leader occurred a few months into his presidency, when the Congress of South African Trade Unions (Cosatu) said it believed he had been elected through an alliance of forces that opposed former president Thabo Mbeki. This was a public admission that the ANC had not elected him as the best possible candidate, but because only he was seen as able to dislodge Mr Mbeki. That moment was key, as it showed Cosatu did not support Mr Zuma for himself but only for what he had stood against. This made it harder for him to appear to be the legitimate leader of the party. Should he be re-elected, he could well face the same problem again. However, he and other leaders could re-establish their legitimacy if the task teams investigating the manipulation claims are seen to be able to reach accurate findings. Should Mr Zuma publicly disavow "slates" and be seen to win on his own strengths, that could re-establish his credibility.
19 November 2012
Business Day Page 2 Natasha Marrian ANC top-job nomination process to heat up THE African National Congress (ANC) conference nomination process is set to heat up this week, as branches scramble to meet a November 30 deadline to nominate candidates for the top jobs. The Democratic Alliance (DA) also heads to an elective conference at the weekend. The ANC’s national executive committee on Sunday emerged from its final meeting before the national conference in Mangaung elects new office bearers next month. Former home affairs minister Nkosazana Dlamini-Zuma’s report into alleged ANC candidate selection fraud ahead of the local elections last year was presented to the committee at the meeting. Further details on the report and the nomination process are to emerge from a media briefing later in the week. The Sunday Independent reported Ms Dlamini-Zuma found the selection of candidates was fraught with irregularities and manipulation, with the ANC considering disciplining and firing those implicated. The ANC nomination process ends with provincial nomination conferences in the coming two weeks. The Free State will hold its nomination conference in Sasolburg on Thursday. While the province is set to endorse President Jacob Zuma to lead the party for a second term, deep divisions remain. Party members are determined to push on with a Constitutional Court bid to overturn the outcome of a June conference that saw the party’s longestserving provincial chairman, Ace Magashule, re-elected. Mpumalanga and Gauteng will hold their nomination conferences at the weekend — the former is firmly in Mr Zuma’s camp and the latter pushing for his deputy, Kgalema Motlanthe, to replace him in December. KwaZulu-Natal, the ANC’s largest province by membership numbers, makes its nominations at the weekend. Its largest region, eThekwini, held a regional conference over the past weekend and endorsed Mr Zuma to lead the party for a second term. The region also favours businessman and national executive committee member Cyril Ramaphosa to replace Mr Motlanthe as deputy president. It wants to see ANC secretary-general Gwede Mantashe retained in his position and his deputy, Thandi Modise, replaced by national executive committee member and communications head Jessie Duarte. The nomination process has been far from smooth and the ANC was forced to appoint three task teams to deal with irregularities and complaints by branch members. On Friday, ANC spokesman Jackson Mthembu said two-thirds of branches had finished their work.
The long-awaited Labour Relations Amendment Bill and the Basic Conditions of Employment Amendment Bill are set to be debated in the National Assembly this week. It is expected the debates will be heated as the bills deal with the regulation of labour brokering in South Africa, the balloting of workers before strike action can occur, as well as with collective bargaining and essential services. On Saturday, DA leader Helen Zille is expected to open the party’s congress where she is expected to be re-elected. Last week, the DA rolled out its newest recruit, former Congress of the People MP Nosima Balindlela. The post of federal chairman held by Wilmot James is set to be challenged by MP Masizole Mnqasela. DA leader of the Eastern Cape Athol Trollip reportedly said Ms Zille had to prepare herself to be challenged at the party’s next congress in 2014.
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