Global South African Newsletter 20 April 2012
New trains project aims to create 65000 jobs ..................................................................... 2 Record tourist numbers ....................................................................................................... 3 Germany joins SKA, praises SA......................................................................................... 4 Young people have lost hope: NYDA ................................................................................ 7 Planned Gauteng road ‘threatens five wetlands’ ................................................................ 8 ANC salutes Zuma on his 70th birthday ............................................................................. 9 ANC Youth League split over Julius Malema .................................................................. 10 No love lost at Luthuli House ........................................................................................... 13 Guarding the constitution.................................................................................................. 15 Mugabe urges peace ahead of Zimbabwe elections .......................................................... 17 Radebe grills judge over media article.............................................................................. 18 Getting rich in SA is rife with ‘grey areas’ ....................................................................... 20 SA is in dire need of a different kind of politics ............................................................... 21 Zuma tapes: NPA throws in towel .................................................................................... 23 SANDF not able to deliver ............................................................................................... 25 FACTBOX-Key political risks to watch in South Africa ................................................. 26 SA comes bottom of the class in literacy .......................................................................... 30 Military to expand its rhino patrols ................................................................................... 31 ANC is banking on threats ................................................................................................ 32 Chamber backs bank boss's criticism................................................................................ 35 Moeletsi Mbeki: Our very stark choice ............................................................................ 36 Malema met the deadline: ANC ....................................................................................... 38 Church has a role in society: Zuma................................................................................... 39 Tutu says honour is for people .......................................................................................... 40 Zuma to marry - again! ..................................................................................................... 41 Kruger rand scandal rocks SA Mint.................................................................................. 43 ANC angered by Shivambu’s lack of ‘respect’ ................................................................ 47 League vote creates options for Malema .......................................................................... 49 JSC ‘still deciding next step’ in Hlophe saga ................................................................... 50 Crime intelligence unit in complete disarray .................................................................... 51 Bury violence in the past: Mugabe ................................................................................... 52 Judgment day .................................................................................................................... 53 Political shoo-ins? ............................................................................................................. 58 Zuma to wed for sixth time, embraces tradition ............................................................... 60
20 April 2012 Business Day Page 2 Nicky Smith
New trains project aims to create 65000 jobs
The R124bn fleet renewal programme of the Passenger Rail Agency of SA (Prasa), the stateowned operator of commuter rail service Metrorail, is expected to create 65000 jobs as well as act as a catalyst to revive the local rail engineering industry.
"The most immediate goal is to buy trains that will make a difference to lives of the commuting public," Prasa CEO Lucky Montana told reporters at Prasa’sBraamfontein depot yesterday. "We have other objectives as well; to make sure this is an opportunity to revitalises the rail engineering industry and to make sure we have an industry that is able to design and manufacture and export trains," Mr Montana said at the launch of Prasa’s procurement process. The localisation target for the fleet acquisition programme has been set at 65%, the level set for state-owned freight and logistics company Transnet in its acquisition of 143 heavy-haul diesel locomotives from General Electric. The localisation programme would require the rolling stock manufacturer to invest in production and skills transfer in SA and to establish a manufacturing base here by at least 2016, said Piet Sebola, head of Prasa’s rolling stock acquisition. Under the rolling stock renewal programme, Prasa will oversee the manufacture of 7224 Metrorail coaches to meet passenger growth at a cost of R123,5bn over 20 years. In addition to this investment in rolling stock, R14,5bn will be spent on upgrading infrastructure such as signal equipment and the construction of new depots that will be able to service the modern trains that are being bought. Prasa has already begun a parallel investment programme worth R25,9bn over the next three years in stations that will service the highest-density commuter corridors. This is apart from the 50 stations being upgraded under the National Station Improvement and Upgrade programme at a cost of R1bn. Speaking at the same event, Transport Minister Sbu Ndebele said that over the next four months a process would begin to select a partner or partners "who will deliver modern technology in line with out economic development objectives". "Our rail system has reached the end of its design life. We need a revolution in our rail system and our transport system," he said.
13 April 2012 The Times 2
Record tourist numbers
South Africa recorded a boom in global tourism by attracting more than 8.3million tourists last year - beating the record-breaking 2010 figures.
Tourism Minister Marthinus van Schalkwyk released the 2011 tourist-arrival figures in parliament yesterday. "Despite tough economic conditions, South Africa's tourist arrivals have surpassed the 8073552 mark they reached when recording 15.1% growth in 2010," he said. "The 2010 Fifa World Cup was a once-in-a-lifetime showcase for our country, which gave us unprecedented international media exposure worth billions of dollars and left us with an enhanced, modern world-class tourist infrastructure." Van Schalkwyk said that, excluding the 310000 people who came to South Africa specifically for the World Cup, the actual growth in 2011 is 7.4%, which is above the 4.4% global growth. Gauteng and Western Cape remain the most visited provinces. He attributed the growth to the emerging markets in Asia and Africa, with Nigeria and Tanzania being the continent's biggest growth markets last year. Europe and North America remained South Africa's major sources of "long-haul tourists". Although European tourist arrivals declined by 3.5% due to the global economic crisis, North American numbers grew by 2.3% despite that continent's own economic challenges. "The World Cup cushioned us from the difficulties facing the European market in 2010 .a drop in tourists from the market in 2011 was expected," he said. Van Schalkwyk said South Africa's target was to attract more than 100000 Indian tourists by the end of next year, and 100000 tourists from China by the end of 2013. The government has allocated R218-million to SA Tourism to enable it to market South Africa as a preferred tourist destination to other African countries over the next three years.
17 April 2012
Business Day Page 2 Sarah Wild
Germany joins SKA, praises SA
German Education and Research Minister Annette Schavan said yesterday that her country would be joining the Square Kilometre Array (SKA) Organisation.
She was speaking at the launch of the South African-German year of science 2012-13, entitled Enhancing Science Partnerships for Innovation and Sustainable Development. Although Prof Schavan did not explicitly endorse SA’s bid to host the world’s largest radio telescope, she said: "It shows that we are convinced this country and this continent will be a good site to establish research infrastructure … I’m taking this opportunity to wish SA the best on the SKA decision." SA and Australia are bidding to host the R23bn SKA. Both Prof Schavan and Science and Technology Minister NalediPandor emphasised that the site decision should be made as soon as possible, with Ms Pandor calling for a June decision at the latest. A decision was expected on April 4, but the SKA Founding Board instead established a working group to explore a more "inclusive approach" to the SKA. Both ministers said the site decision should be based on the best site for the science. This show of unity is likely to play into the fears of Australian Innovation, Industry, Science and Research Minister Chris Evans, who reportedly said earlier this year that "the thing that works against us the most is the sympathy for doing more in Africa — the European view that says we ought to be doing more development in Africa". However, SA and Germany had been collaborating since 1996, Ms Pandor said yesterday. More than 400 projects had been undertaken since they signed their first bilateral agreement, with about R80m supporting scientists and researchers. Some of the areas of collaboration included climate change, the bioeconomy, human capital development and astronomy, as well as the social sciences and humanities. Prof Schavan said: "SA is a highly interesting partner for Germany … an anchor in our relations to Africa as a whole." There were 600 German companies active in SA, she said. "As SA," Ms Pandor said, "we believe in collaboration across countries: Africa, the Southern African Development Community, the European Union. Germany is an important partner." Prof Schavan underscored the importance of science in the modern world, for developed and developing countries. "Science is really the basis for viabilities of modern societies and that always means sustainability in today’s context — economic prosperity, but at the same time social and cultural (prosperity)."
She said that, despite the many differences between the countries, there were strong cultural parallels because both were trying to rebuild their identity: SA after apartheid and Germany after reunification. The humanities were important as they "help us understand man, in a world that is undergoing change". Ms Pandor said this was one area in which SA could teach Germany because of its "unity in diversity".
17 April 2012 Cape Times Page 1 KwaneleButana and Sapa
Minister launches new plan to protect rhinos
New norms and standards for marking and micro-chipping rhino horn and trophy hunting will be implemented immediately, says Environmental Affairs Minister Edna Molewa. “The gazetting of the new norms and standards is another significant step that the department is taking in the fight against rhino poaching,” Molewa said yesterday. A total of 171 rhinos had been poached between January and April this year, the department said on Friday. Last year 448 rhinos were killed and 333 in 2010. “We once again make a call to members of the public to also help us in the fight against rhino poaching,” Molewa said. According to the new norms and standards gazetted on April 10, all live rhinos sold and transported had to be microchipped. All rhino horns, regardless of how they were acquired, had to be microchipped within five days, Molewa said. In addition to microchips, if the horn or part of it was more than 5cm in length, the issuing authority would mark it with indelible ink. “This information will be kept and updated in a national database. “The owner of the horn is responsible for the costs incurred by the issuing authority to purchase the microchips,” she said. The norms and standards require that when live rhinos were darted to be moved, samples of the horns and blood be collected using DNA kits.
Regarding the hunting of rhinos, in addition to the application for a hunting permit, applicants are required to submit proof of their membership of a hunting association that is recognised by the applicant’s country of residence, a curriculum vitae indicating the applicant’s hunting experience, proof of previous experience in hunting an African species, and a copy of the applicant’s passport. A hunting client may hunt only one white rhino for trophy purposes within 12 months. Rhino hunts had to take place in the presence of an environmental management inspector or of an official of the issuing authority authorised to conduct compliance inspections. The horns, with the rest of the trophy, had to be transported by an authorised person directly to a taxidermist or similar facility to be processed and prepared for export. “Upon receipt of the rhino horns, the taxidermist or owner of a similar facility must report to the Department of Environmental Affairs the date of receipt of horns, their weight, microchip numbers, numbers of hunting and transport permits, and the professional hunting register.” Meanwhile, the two Fairy Glen rhinos whose horns were hacked off by poachers in December after the animals had been drugged cut a forlorn figure in the game reserve near Worcester. When the Cape Times visited the reserve yesterday, Higgins and his companion, Lady, were still recovering from the attack, with small patches of scabs forming on their facial wounds. Higgins temporarily lost his sight after the attack, but game ranger Denis Pothas said it had improved over the past couple of months. Lady has a piece of horn left, which will be removed after the rhino’s immune system has been rebuilt. The rhinos are fed with lucerne and molasses to supplement their grazing. A music festival will be hosted to raise funds for Higgins to undergo an expensive operation in Limpopo. The festival, Rocking for Rhinos, will be held at the Hillcrest Wine Estate in Durbanville over the first weekend in May. Rock acts are expected to perform at the event on the Saturday while jazz and blues musicians will perform on the Sunday. Tickets cost R100 for the Saturday show and R50 for the Sunday show and can be booked at Computicket.
19 April 2012 The New Age Sandile Hlangani and Sapa
Young people have lost hope: NYDA
Young people have lost hope for a better life due to rising unemployment, the National Youth Development Agency (NYDA) warned on Wednesday. "We are not going to have a bright future in this country if we don't start investing in youth development now," Chairman Andile Lungisa told reporters in Pretoria. "By 2025 this generation will be expected to carry the country forward, but it is a generation which was never assisted with skills; it is a generation that has lost hope." Lungisa released a set of guidelines, developed by the agency in a bid to monitor and enforce the introduction of the National Youth Policy endorsed by Cabinet in 2009. The policy document contains commitments by government and other bodies on services that would be rolled out across the country for youth development. Lungisa criticised the private sector for not playing an active role towards the youth development goals and skills attainment. "The private sector in South Africa has not really been contributing to youth development. To them youth development does not exist, that is the major challenge," he said. "We want them to take youth development seriously. If they become part of the skills revolution, at least things will change for the better." He said more that 1.8 million young South Africans had become hopeless and were no longer looking for employment. Lungisa claimed his organisation had created more than 62,000 jobs, trained more than 84,000 people and disbursed more than 25,000 loans in the past financial year. On Thursday Lungisa said He said that in 2009 the cabinet approved and adopted the National Youth Policy as a national policy framework for youth development in South Africa. “Three years since its adoption, youth development continues to be implemented in an uncoordinated manner that cannot be monitored or measured, impacting negatively on youth development progress”, he said. He said for this reason often the blame for lack or limited development of young people has been leveled at the door of the NYDA. “We have understood this to be as a result of the broadness of our mandate and in-line with that mandate we have continued to make inroads including interacting with organs of state, the private sector and civil society”, he said. According to Lungisa the NYDA have developed the National Youth Policy implementation guidelines aimed at simplifying the implementation of the policy.
“The implementation guidelines will direct how sectors of society including organs of state, private and non-governmental organization must implement programmes aimed at the development of young people including measures to ensure compliance with sectors that are moving slow on youth development”, said Lungisa. 20 April 2012 Business Day Page 2 Sue Blaine
Planned Gauteng road ‘threatens five wetlands’
Opposition to Gauteng’s e-tolls has ignited fresh controversy centring on a new road that would cut through five of the province’s few remaining wetlands and jeopardise its R800m horse industry.
Some residents in the Fourways-Midrand area say instead of building a new road that impinges on the wetlands, the existing roads should be upgraded but this should have been done before tolling. The road, the K56, gazetted in the 1970s but never built, would run from Zonkizizwe, near Katlehong, through Midrand and over the Johannesburg-Pretoria highway towards Dainfern and Diepsloot, in the north of Johannesburg. "It’s going to put extra pressure on (the existing roads) and cause rat-running between Midrand and Sandton" when motorists use the roads to avoid the tolls, Democratic Alliance ward councillor for the area, Annette Deppe said yesterday. This point is also made by a local activist group, Just Environmental Action. Spokeswoman Kristin Kallesen said that the additional pressure on the existing roads would make any upgrading more difficult, and would force those who wanted to avoid, or could not afford, the JohannesburgPretoria highway tolls onto that road. Also, the part that would join the R511 that runs past Dainfern and Diepsloot with Main Road, Bryanston, would cut through five wetland areas and have a "major" effect on one of the four remaining breeding sites of importance for the endangered g iant African b ullfrog, said wetland specialist Paul Fairall. Glenferness Residents Association chairman Chris de Villiers said: "There are a lot of good reasons for a road in that area, but this route is a disaster." The association has proposed that instead of building the K56 from scratch, existing roads in the area should be upgraded, but Ms Deppe said the K56 was "critical" as an east-west through route. S he would, however, "support 100%" rerouting the section that runs through the wetlands. Mr de Villiers said the road was still in proposal stage, with an environmental impact assessment under way, so there was time for the Gauteng roads and transport department to reconsider the route. Alternatives had been submitted to the department. "We have given them a lot to think
about," he said. A small "focus group" would meet with the Gauteng roads and transport department on May 9. Roads and transport spokeswoman Octavia Mamabolo did not respond to an e-mail, or answer her cellphone. Spokeswoman for the Gauteng agriculture and rural development department TsepisoShunyane said she would need a few days to respond. Two of the property developers working in the area, the GIP Group, and Century Property Developments were unavailable for comment. Mr de Villiers said the proposed road would also run into trouble now that the Constitutional Court had passed the so-called "Maccsand" judgment. This ruling, while the issue before the court was mining, meant that land had to be appropriately rezoned by the individual landowner before any activity for which it was not zoned was undertaken. It also gave the province say-so over what development should happen where, he said. About 40 private properties in Glenferness are in the path of the proposed road.
12 April 2012 Mail and Guardian Sapa
ANC salutes Zuma on his 70th birthday
President Jacob Zuma has received "proud" wishes for his 70th birthday from the African National Congress in his home province of KwaZulu-Natal.
"The ANC KZN provincial executive committee and the entire membership would like to take this opportunity to wish President Jacob Zuma a happy birthday," said provincial secretary SihleZikalala.
Zuma turns 70 on Thursday. "We are proud of the contribution comrade Zuma made during the painful liberation struggle, which saw him being separated from his family for years," said Zikalala. "The ANC in KwaZulu-Natal also salutes president Zuma for the role he continues to play in our organisation and as the head of government in South Africa." ANC spokesperson Jackson Mthembu said Zuma would settle for nothing less than the total emancipation of all South Africans.
"As a leader, he continues to inspire our people and give hope of a better tomorrow. We want to salute him for having spent the better years of his selfless life in the service of the people of South Africa. "We also want to thank his family and kin for having shared one of their own with us in the long-drawn struggle that sought to restore the dignity and freedom of our people." 13 April 2012 Mail and Guardian MatumaLetsoalo, Charles Molele& Michelle Pietersen
ANC Youth League split over Julius Malema
With Julius Malema facing possible expulsion from the ANC and its youth wing, his fellow leaders in the ANC Youth League's national executive committee are divided over whether to support or dump him.
Until recently the youth league has been united behind its embattled president. But, as it is becoming increasingly likely that the ANC's appeals committee will uphold the national disciplinary committee's decision to expel Malema, youth league leaders are lining up for the league's top job. The Mail & Guardian has also learned that the pro-Malema group is planning to propose a "truth" tribunal for all ANC members who commit acts of ill-discipline or misconduct to appear before. Among other things, the proposed tribunal, which would be headed by ANC veterans, would attempt to find the root causes of ill-discipline in the organisation and find long-lasting solutions to address the problems. Initially suggested by the youth league in Gauteng, the aim of the proposed tribunal would be to rehabilitate transgressors and serve as a platform where they could confess and ask for absolution for bringing the party into disrepute. The youth league is suggesting that the tribunal should be given the power to subpoena any member of the ANC, including President Jacob Zuma, to appear before it. It would also encourage the ANC leadership to deal consistently with acts of ill-discipline within its ranks. The youth league leaders in all nine provinces said this week they would defy any decision to expel Malema and would recognise him as president until the league's next congress in 2014. Scared for Juju's safety?
It is understood that some senior ANC leaders are worried about the safety of Malema and have suggested the youth league leader should consider accepting a nomination by several countries, including Germany, Angola, Zimbabwe, Cuba, Venezuela and Brazil, to serve as president of the International Union of Socialist Youth. Those who want Malema out include the league's treasurer Pule Mabe, and national executive committee members Stanley Galane and LebogangMaile. On the other hand, those who want Malema to remain in his position include his deputy Ronald Lamola, the league's secretary general SindisoMagaqa, its spokesperson, Floyd Shivambu, and national executive committee members Thabo Kupa, AndileLungisa and Jacob Lebogo. Apparently Malema's opponents on the league's national executive committee are planning to distance themselves from Malema's remarks that Zuma is a dictator when they gather at a meeting of the committee on Sunday. It was planned for Monday this week but was postponed at the 11th hour because not all its members could attend. The hearing into Malema's appeal started on Thursday but has been postponed. He is expected to argue for the case to be dropped because it has taken more than six months to be completed. In terms of the ANC constitution's rule 25.10, all disciplinary proceedings must be disposed of expeditiously and within six months from the date that the notice of the charge is delivered to the member. Failure to complete the disciplinary process within that period is regarded as a violation of the rights of the accused. Ditched by his supporters Although senior leaders in the ANC supported Malema in the past, largely on the grounds that the charges against him emanated from the league's congress resolutions taken in June last year, some are now saying Malema's attack on Zuma was not the position of the organisation and that he must take responsibility for his actions. Malema's supporters believe that the disciplinary action was linked to the ANC's succession battle in Mangaung in December. Malema and his supporters are known to want ANC deputy president KgalemaMotlanthe to replace Zuma as ANC president and Sports Minister FikileMbalula to take over from GwedeMantashe as ANC secretary general. If the anti-Malema group succeeds in ousting the firebrand youth leader and their favoured candidate for the position of president is elected, the youth league is most likely to call for the status quo to remain and to support the re-election of Zuma as ANC president. Unlike in 2007 in the run-up to Polokwane, the road to Mangaung is proving to be difficult for Zuma as his once-trusted allies, the youth league and a powerful bloc within labour federation Cosatu, led by general secretary ZwelinzimaVavi, have turned their
backs on him. He only enjoys solid support from the South African Communist Party, a junior partner in the tripartite alliance. ‘Julius will remain president until 2014’ , say provinces ShadrackTlhaole -- Northern Cape youth league chairperson “We stand firm behind the leadership of Julius Malema. When Malema went to address [Wits] university, he was wearing the cap of the youth league. After Polokwane, when the current leadership was elected, we said that the biggest problem in the country was Thabo Mbeki. Mbeki never even wrote to the ANC to charge or fire the ANC. Why can’t the ANC write something and say to the youth that they are not dictators? “Some of us would agree that we are under a dictator. It is unconstitutional for us not to be given a fair hearing. It is not that we were charged for misconduct because we were charged for corruption. The youth league did not rape anyone, and we did not steal from anyone. No one has brought any [criminal] charges against us.” FransMoshwane -- Limpopo youth league chairperson “As the Limpopo youth league, we would continue to support Malema as president. Malema is a victim of the ANC succession battle in Mangaung. There is nothing that warranted any action against him. All these things are products of Mangaung. Malema was making a political opinion as he has always done with other presidents of the ANC. What he said warranted debate and if people differ with his views, they should put a counter- argument on the table so that we can engage.” SenzeniMphila -- Western Cape youth league co-ordinator “As far as we are concerned, Julius will remain president until 2014. There is nothing that Julius has betrayed [with regards to] the youth league. He is the custodian of the youth league and what he says represents the interest and aspirations of the young people of South Africa. “There is no discussion around the leadership of the league and those who are sell-outs with uncontrollable ambitions will fall aside.” LebogangMogoera -- Free State youth league provincial secretary “We continue to support our president [Malema] because he is being persecuted for articulating the resolutions of our congress, which we are not prepared to abandon. We are disappointed with the statement made by President Jacob Zuma during the New Age breakfast meeting, where he said that the ANC Youth League would have to elect a new president when Malema was finally expelled. We find this problematic because President Zuma is a complainant in the matter and it undermines the disciplinary processes. We must wait for the completion of the process. Nobody can pre-empt the elective congress, the highest decision-making body of the ANC.” Clarence Maseko -- Mpumalanga acting youth league chairperson
“The position of the province is that we are unwavering in our commitment that Malema remains president. We believe that Malema has been unfairly treated in the processes of the ANC. When Julius said to the whole country that the problem was Mbeki, it was the same organisation, but how was the matter dealt with?” PapikiBaboile -- North West youth league provincial secretary “We elected Malema democratically in June at the national congress and we will continue to support him through his trials and tribulations. He was charged for articulating the resolutions of the national congress that all of us agreed to. The position of Malema cannot be occupied by anyone. We remain steadfast that it should not be filled. Those who want to replace him must wait for their turn. We will also present this position at the upcoming youth league national executive committee.” AyandaKasa-Ntsobi -- Gauteng youth league provincial secretary “We have not been informed as the provincial executive committee [of the suspension of Malema by the ANC]. The PEC hasn’t yet reflected and assessed the matter. We have no comment.” MzonkeNdabeni -- Eastern Cape youth league secretary “As a province, we were shocked by the announcement that Malema was summarily suspended. We are still firmly behind the leadership of the youth league. The matter was thoroughly discussed by the structures during the lekgotla this week. Members were very disturbed. We will dig in our heels and insist on a meeting with the ANC.” VukaniNdlovu -- KwaZulu-Natal youth league provincial task team co-ordinator “There is no crisis in the league. Our mandate is clear: the leadership will remain until 2014.” 13 April 2012 The Times Page 4 AmukelaniChauke
No love lost at Luthuli House
As birthday messages poured in for President Jacob Zuma as he turned 70 yesterday there was a deafening silence from the ANC Youth League.
Last year, the youth league released lengthy public statements wishing Zuma's deputy, KgalemaMotlanthe, ANC stalwart WinnieMadikizela-Mandela and former president Nelson Mandela well on their birthdays.
While ANC Youth League president Julius Malema and embattled league spokesman Floyd Shivambu fought for their political survival on the sixth floor of Luthuli House, in Johannesburg, yesterday, Zuma cut his birthday cake on the ground floor of the party's HQ in the company of staff members and government officials. Among those at the celebration were ANC secretary-general GwedeMantashe, Gauteng premier NomvulaMokonyane and Minister in the Presidency Collins Chabane. Malema was appearing before the ANC national disciplinary committee of appeals, chaired by Cyril Ramaphosa, to appeal against his expulsion from the ANC and Shivambu wanted to ask for his three-year suspension to be reduced. The hearing has been postponed to allow advocate MuziSikhakhane - whom Malema and Shivambu appointed at the 11th hour - to "familiarise" himself with their heads of argument. Last night, Ramaphosa said Malema and Shivambu had asked him to postpone the hearing because their initial legal representative had failed to arrive. The request was turned down. "The appellants submitted a request to introduce a new legal representative. The NDCA granted the request on condition that the new representative be available within an hour," he said. Ramaphosa said he agreed to postpone the case on condition that Sikhakhane submitted Malema and Shivambu's heads of arguments in writing by Friday next week. Meanwhile, downstairs, before cutting the birthday cake, which was adorned with ANC colours, Zuma said being nice even to his "enemies" kept him young and "energised". "People ask me what do I do to remain young. It's a simple thing. You need a good heart. "You just need to be nice, even when something bad happens. You must wish your enemies good luck ... then you will live until 70." The youth league's silence about Zuma's birthday, and its members' absence from the celebrations, confirms the bitter struggle between the ANCYL and the ruling party's president. Malema was slapped with another suspension - his third within two years - for calling Zuma a dictator. This added to public perceptions that the ANC was torn along factional lines over the succession race, which is believed to have prompted the party to hold a press conference last week in a bid to send out a message of unity. 16 April 2012 The Times Page 15
Guarding the constitution
Firstly, my views and opinions are informed by deep familiarity with the historic processes that gave birth to our constitution. It is a fact that the ANC vision of a democratic South Africa was that of a unitary state. The ANC compromised this position and agreed to the present provincial system of government. The argument that there were no compromises is, therefore, false. The property clause itself was a compromise. No one should be ashamed of having made compromises because it is the nature of negotiations that there has to be a give and take if agreement is to be reached.
Secondly, I write in my personal capacity. Finally, the judiciary as an institution has never visited any harm upon my person to warrant personal vengeance, as some have suggested. On the contrary, I hold all men and women serving in the judiciary in the highest esteem and great awe, even when I disagree with some of the decisions they make . Still, I have a right, as all other citizens, to disagree with particular decisions. One may even criticise an emerging trend flowing from judicial decisions, not as a rejection of the constitution but as a cautionary call whenever I am of the opinion that permissible legal boundaries are being crossed. There is a deliberate narrative to veer debate away from broader issues, namely the apartheid property relations and the visible racial undertones bedeviling the administration of justice in post- apartheid South Africa. This reduces the debate to one on the separation of powers and the role of the constitutional court in particular. While it is important to debate these issues in their own right, we should be vigilant not to be derailed into narrow debates about our constitution. It is equally important to keep an eye on the entire system of the administration of justice to detect the latent racism so pervasive in all spheres in the country. I will focus on my understanding of the doctrine of separation of powers in a constitutional democracy since responses to my initial document seem to have focused mainly on this area . However, before doing that, I wish to make it clear that I have never propagated a thought suggesting the abolition of the separation of powers enshrined in our constitution. I am arguing that all three spheres are enjoined to observe and respect the boundaries laid out in the constitution. I am arguing for respect of the letter and spirit of the constitution, however imperfect it may be.
The doctrine of separation of powers recognises the existence and allocation of power to three arms, or spheres, of government, namely, the legislature, the executive and the judiciary, in no order of seniority. The essence of the doctrine is that no sphere should encroach on the powers of the others. If that happens, the constitution is undermined and rule of law eroded. All three spheres are bound by the constitution. In legal terms this principle is expressed as constitutional supremacy. Seen in this context, the judiciary, while having the ultimate authority to interpret the law, should not act in a manner suggesting it is supreme to the constitution. It would be incorrect for the judiciary to invoke the constitution in order to ultimately undermine the very same constitution. This doctrine was spelt out in the case of South African Association of Personal Injury Lawyers vs Heath 2001. There it was said that separation of powers and checks and balances require that the function of government be classified as either legislative, executive or judicial, and each function be performed by separate branches of government. The functions of making and executing the law and resolving disputes through the application of the law should be kept separated, and in principle, be performed by different institutions and persons. In a constitutional democracy, the courts are the final arbiter as to what constitutes legislative and administrative acts under what is known as judicial oversight in some quarters. They also have the power to determine if there was substantive compliance with the law whenever a legislative or administrative act is performed by other spheres of government. This gives the courts enormous power in relation to other spheres under the doctrine of the rule of law. This principle was spelt out by Lord Hoffmann in the Alconbury case when he said: "The more purely political a question is, the more appropriate it will be for political resolution and less likely it is to be an appropriate matter for judicial decision. Conversely, the greater the legal content of any issue, the greater the potential role of the court." The enormity of the court's power derives from the fact that other spheres cannot interpret such content while the courts can. There is an emerging trend which seeks to classify most administrative acts as subordinate legislation and thus qualify such as legitimate issues for the compliance test. Another interesting development has been the subjection of administrative acts to the rationality test. An unrestrained application of this test can lead the court to substitute its own rationality for the rationality of the designated body under the constitution. Decisions such as the Glenister, MenziSimelane and MokotediMpshe cases have raised eyebrows in some quarters about the observance of the doctrine of judicial constraint by
the judiciary. This doctrine demands that in a situation where there is a possible encroachment into other spheres' domains, the courts should err on the side of caution. T he doctrine suggests that judicial incursion into other spheres should happen only in exceptional and limited cases, if at all. Given what seems to be unequal power, it is incumbent upon the courts to be not only guardians of the constitution, but also guardians of the limits of their own power and authority. Only when they act in that manner can they ensure the survival of our constitution by adhering to the constitutional separation of powers. Courts must not only respect the constitution, but they must be seen to do so.
18 April 2012 Business Live Reuters
Mugabe urges peace ahead of Zimbabwe elections
Zimbabwe President Robert Mugabe on Wednesday urged political parties to ensure a looming general election is peaceful, amid a rise in violence that he blamed on ambitious politicians staking claims as candidates. "It's very sad that we are seeing ugly fights in constituencies sponsored by sitting members of parliament and potential candidates," he said at a rally to mark 32 years of independence from Britain. Critics and opponents say Mugabe hung on to power in a 2008 election by rigging polls and allowing independence war veterans and the youth brigade of his ruling ZANU-PF to attack opposition candidates. Addressing the rally, Mugabe, 88 years old and Zimbabwe's ruler since independence, also said ZANU-PF would not back down from a highly criticised drive to force foreign firms to surrender majority stakes to locals. The empowerment plan was meant to correct colonial injustices, he said. Mugabe was forced into a power-sharing deal with long-time foe and now Prime Minister Morgan Tsvangirai after the 2008 election, which Western powers said was marred by ZANU-PF violence and intimidation. Under the terms of the deal, elections must be held by next year with political reforms and a new constitution in place. Tsvangirai slammed the drive against foreign firms as "greedy looting" and "political jingoism." "We have disagreed in this government because there are others who want to perpetuate the old culture of expropriation, looting and self-aggrandisement clad in new and misleading nomenclature such as indigenisation," he said in an independence day statement. Critics said the "indigenisation" drive is more aimed at filling ZANU-PF coffers ahead of elections than helping the majority of the population who struggle to get by on less than $1 a day.
On Monday, Indigenisation, Youth and Economic Empowerment Minister Saviour Kasukuwere, a ZANU-PF member, told Reuters that Harare expected to finalise the transfer of majority stakes in foreign mining companies to local blacks by the end of April. Resource-rich Zimbabwe has the world's second largest platinum reserves after neighbouring South Africa, as well as lucrative gold and diamond deposits. 20 April 2012 Business Day Page 3 FrannyRabkin
Radebe grills judge over media article
SOUTH Gauteng Deputy Judge President Phineas Mojapelo faced down a barrage of questions at the Judicial Service Commission (JSC) yesterday from Justice Minister Jeff Radebe on a newspaper article he wrote last year on how the appointment process for a chief justice should work.
It was expected the article would be a sticking point for Judge Mojapelo’s candidacy. The 10minute back and forth between the judge and the minister was restrained, but the tension was palpable. At a later point in the interview, commissionerDumisaNtsebeza SC said he wanted to "relax the atmosphere". Judge Mojapelo was one of three candidates being interviewed for judge president of SA’s busiest courts. The others were the judge president of the labour courts, Dunstan Mlambo, and North Gauteng High Court Judge MaleselaLegodi. In his article, published in the Sunday Times in May last year, Judge Mojapelo argued for more public involvement in the JSC’s own process when it was being "consulted" by the president before he appointed a chief justice, and that members of the public should be able to nominate candidates as well. Though the article was published long before President Jacob Zuma ’s surprise nomination of Chief Justice MogoengMogoeng, the issues Judge Mojapelo had canvassed in his article were referred to by lobby groups opposed to Justice Mogoeng’s candidacy, to the apparent irritation of some commissioners. Judge Mojapelo said his article was not a "critique" of a particular decision of the JSC, but rather "an outline of what I understood the procedures to be of the JSC". But Mr Radebe said Judge Mojapelo’s statement that it was not a critique was a "contradiction". He quoted the article as saying that the process of appointing former Chief Justice SandileNgcobo was "critically impoverished" and that his appointment had been "tainted". Mr Radebe asked Judge Mojapelo whether Justice Mogoeng’s appointment, done "exactly the same" way as Justice Ngcobo’s, was similarly tainted.
"What’s in the article is what is in the article and it was meant," said Judge Mojapelo. But by "tainted" he did not meant legally tainted, but rather that there had been a threat of a legal challenge in Justice Ngcobo’s nomination. There was the same threat when Justice Mogoeng was nominated, he said. "I went through the pain when there was the threat of litigation … and when there was no legal challenge, I said I wish I can contribute to an environment where such legal challenge would never come to court and would never be threatened ," he said. Judge Mlambo had a far more relaxed interview, though he was put through his paces by some commissioners over outstanding judgments. But his description of the "haywire" administration at the labour courts when he took over appeared to appease the commissioners. During Judge Legodi’s interview, he told the commission that he had discussed his candidacy with his fellow commissioners on the arms deal inquiry. They had said that they would accommodate him if he was appointed judge president and that if he couldn’t manage both, they would recommend that he be relieved from the inquiry.
20 April 2012 Business Day Page 11 Anthony Butler
Getting rich in SA is rife with ‘grey areas’
ONE aspect of the recent confrontation between African National Congress (ANC) secretarygeneral GwedeMantashe and Nedbank chairman ReuelKhoza that has received little attention is that each man possesses an admirable moral character. The ANC optimistically lists its "core values" as "courage, service, self-sacrifice, human solidarity, integrity, temperance, humility, honesty, self-discipline, hard work and mutual respect". Mantashe and Khoza are among the small number of citizens who actually embody these values. When such leaders fall out, it indicates that initiatives to root out corruption are causing untold frustration.
The ANC’s proposals to improve the moral character of its cadres include education campaigns and new integrity management institutions. The public sector, meanwhile, uses an "integrity management framework" to regulate the unethical conduct that can result from exposure to gifts, post-public employment and paid work outside the public service. Public servants often fail to comply with the financial disclosure framework, with section 30 of the Public Service Act dealing with remunerative work and supply chain management rules. The government and the ANC have deliberated for more than a decade on the waywardness of politicians and officials without developing any viable strategy for containing conflicts of interest, limiting revolving doors or curtailing patronage. Attempts to enhance accountability are arguably undermined by "noncompliance" with external controls or by a lack of "enforcement". Such assessments, however, also miss a crucial truth: if those whose behaviour we wish to change do not feel shame about their actions then their conduct cannot be effectively regulated. People who wield power must feel a personal obligation to provide information about their decisions and to give reasons for their actions. Where they have acted improperly or nonprocedurally, they must take the path of integrity. For this to be possible, they need to fear exposure and to experience shame. Why, then, do so many citizens guilty of abusing public or political office appear unrepentant about their actions? First, the public service is a morass of contradictory regulations. Every public servant knows it is impossible to do good without bending or breaking rules and so they lose their authority. Second, ethical guidelines can work only if they build on the moral assumptions of ordinary people, which are hard to understand in a complex society. Even the simple acceptance of gifts by public servants, according to Public Service Commission director-general Richard Levin, presents "grey areas" from "an Afrocentric perspective". Third, the moral desert is often viewed through a religious lens in SA. Many citizens think that God grants material prosperity to believers of strong faith. Personal wealth is therefore an indicator of divine favour. ANC leaders likewise view tenders and upward deployment as an expression of quasi-divine grace that morally requires reciprocal donations to party campaign funds. Raised with a communalistic ethic but unable to help the many poor, newly wealthy black
citizens find in their churches and in the liberation movement ideologies that permit them to enjoy the fruits of their good fortune without guilt. Finally, most of the beneficiaries of this society’s wealth are whites whose advantages can be traced to an illegitimate political system. Whites are no less sensitive or intelligent than other citizens and they do not really believe their wealth has been accumulated as a result of their intrinsically meritorious characters. Given the moral drift and evasion of their political leadership, whites carry within their hearts an uneasy sense of directionless guilt. The members of this society are for all these reasons unable to establish any shared framework for deciding who can legitimately accumulate what — and how. The established rich cannot express their guilt. And those who cut ethical corners as they strive to join them are unable to experience the moral emotion of shame. 20 April 2012 Business Day Page 11 MzukisiQobo
SA is in dire need of a different kind of politics
THE most worrying feature of SA’s politics today is the absence of what political scientist James MacGregor Burns characterises as transformational leadership. This is leadership premised on a shared framework of motives, values and goals between rulers and citizens. Upon attaining democracy in 1994, we ceded too much control to political elites who we believed had the country’s best interests at heart. At the time, there was little doubt the calibre of leadership that negotiated SA’s post-apartheid political settlement was selfless and immune to avarice.
We made the assumption that we would always share the same desires and hopes as our political class for a future that was markedly different from our past. This, unfortunately, brought about a sense of complacency on the part of citizens. We left politics to politicians and deemed it sufficient to have weak opposition parties as the best hope of keeping the ruling party accountable and advancing democracy. Somehow it escaped our minds that the politicians, in whose hands we entrusted power, were ordinary men and women who were not incorruptible or immune to the hubris of power. We also believed, wrongly, that the evolving social contract that was to be the basis of a new order would be firmly cast on the collective hopes, desires and imaginations of the nation. We have become disappointed at the betrayal of the hopes that millions of people invested in the African National Congress (ANC). We are not only still in the grip of the rusting shackles of the past, as the ANC continues to prop up history to justify all and sundry, but we are also in need of transformational leadership to broaden our view of what is possible in the future. Although its problems appear fatal, the ANC is not alone in its leadership deficiency. The Democratic Alliance (DA) has also failed to offer transformational leadership. It has been unable to fill the void opened up by the ANC and to present itself as a genuine alternative. It has failed to break new ground in a meaningful way and broaden its appeal to a diverse range of interests
beyond its traditional constituency. Instead, it appears stuck with a strategy of merely capturing electoral gains. It lacks a narrative about a SA that is different from that created by the ruling party and what it would take to build it. Its leader, Helen Zille, has fine competencies as a technocrat but lacks a leader’s edge. Prone to getting into the swamp with the ANC, she struggles to maintain an elevated leadership posture for an extended period. She seems more equipped for running a city or a province than leading large-scale social change and animating new hopes for the future. She has not yet formulated a fluent position on addressing the intractable challenges of race both within her party and the country. Zille’s DA is ambiguous on equity issues and struggles to evolve a richer discourse about an alternative social structure. Further, as a leader of a major opposition party, Zille lacks a set of compelling political values that could be a lightning rod for the creation of a new South African nation beyond the ANC’s reign. Like the ruling party, the DA and the rest of the opposition parties are our failed gods. The bleak state of our politics suggests there is a need to revive strong civil society initiatives that would act as a bulwark against excesses of power. In recent times, there have been a few pointing in this direction. The Council for the Advancement of the South African Constitution, spearheaded by SiphoPityana, and the soon-to-be-launched Citizens Movement for Social Change, led by MamphelaRamphele, are some examples of such efforts. They signify a reawakening of active citizenry. If we are to alter the state of our politics for the better, citizens will need to take greater responsibility for holding politicians to account. In his influential book, The Politics of Hope, Jonathan Sacks offers an inspiration for the new kind of politics we need in SA. It is politics grounded on civil society involvement and should create a space for a robust debate on leadership, governance and social change. Sacks suggests that such politics can help advance "a richer language of public discourse (that) … would seek, wherever possible, to increase participation in public life", and that would need to understand the "wider repertoire of policies than those which rely exclusively on coercive legislation, economic incentive, or direct government control". It is in the context of active citizenry and a broader space for robust engagement between civil society and political leadership that we can develop a new kind of leadership and a vocabulary for change that is less self-serving and more transformational. This could also open up possibilities for credible political parties to emerge.
13 April 2012 The Times Page 1 Chandré Prince
Zuma tapes: NPA throws in towel
Three years after criminal charges were withdrawn against President Jacob Zuma, the South African public will finally have an insight into the controversial spy tapes that got him off the hook.
In a U-turn necessitated by an order of the Supreme Court of Appeal, the National Prosecuting Authority yesterday revealed that it would comply and file transcripts of the tapes. The tapes have been a closely guarded state secret since their existence came to the fore in 2009 and have become a nightmare for both Zuma and the NPA and some of its structures. NPA spokesman MthunziMhaga yesterday said the authority's senior counsel had decided to follow the processes as set out in the judgment. In a unanimous March 20 ruling, the SCA ordered that the acting national director of public prosecutions, NomgcoboJiba, file a reduced record of the proceedings that led then acting national director of public prosecutions MokotediMpshe to abandon Zuma's prosecution. Zuma was let off the hook on corruption charges, relating to bribes he allegedly received, after he made presentations to the NPA. The SCA's ruling followed an application brought by the DA on whether Mpshe's decision to drop the charges was legally sound and not politically motivated. The DA had argued that disclosing the spy tapes - which contained intercepted recordings of conversations between senior political and judicial officials - and deliberations in a public court would put to rest the controversy around the way in which the charges were dropped. DA MP James Selfe said yesterday that his party was pleased with the NPA's decision to heed the SCA ruling and would study the reduced record, which will inform it of the legal grounds on which to take the case further.
"We understand that it is a fairly bulky document. Depending on the nature of the documentation we receive, we will brief our legal team to proceed with the substantive review of this decision, with the objective of determining before a court of law whether the decision to discontinue the prosecution against Jacob Zuma was based on rational, defensible legal grounds, or whether it was in fact a political decision," Selfe said. Mhaga said the NPA was finalising the preparation of the reduced record and would be filed in the Pretoria High Court by today. "The NPA believes that it was the correct decision and will continue to defend it in court. Once there is a final court ruling on the merits, the NPA will respect the outcome as it always does," said Mhaga. He said the NPA's decision to release the spy tape records was informed by the fact that: The judgment dealt with preliminary issues that had no direct impact on Mpshe's decision and did not deal with the merits of the decision; The judgment only decided on the issue of the DA's legal standing to challenge that decision by way of review; Pursuing an appeal would result in piecemeal litigation and unnecessary delay because the merits of the review would still have to be determined in the event of the Constitutional Court dismissing the appeal; and Consequently, it would not be in the interests of justice to ask the Constitutional Court to deal with an appeal against the SCA judgment at this stage. Zuma had opposed the DA's application and in his affidavits asked the court to dismiss it, saying that, if it did not, not only would his image be tarnished but so would that of South Africa and the NPA. The SCA had, however, ruled that not the entire transcript should be made available and that the record to be filed in court should exclude written representations made on behalf of Zuma and any consequent memoranda or reports prepared in response, or oral representations, if their production would breach confidentiality agreements. The appeal court ruled that some of the representations were protected and would not be disclosed.
13 April 2012 The Times Page 5 Graeme Hosken
SANDF not able to deliver
The South African defence force is not capable of fulfilling its role in terms of its current capabilities.
This was the message following the handover of the 2012 Defence Review draft report to Minister of Defence and Military Veterans, LindiweSisulu, in Pretoria yesterday. The revelation, made by Defence Review Committee chairman Roelf Meyer comes as committee members, who began work in July 2011, announced that in the last 200 years the defence force had never had such guidance as it did now. Sisulu, welcoming the report, said: ''It is important for all to look at it so in the end we have a defence force for all South Africans.'' Meyer said the 427-page document, which will be open for public discussion until June before tabled before parliament later this year, was aimed at identifying South Africa's defence needs and establishing a defence policy. ''We have to look where we are, what we have and what we as a country want our defence force to achieve. ''Our defence force is coming from a situation where the focus was on threats. Our approach now is to look at the goals and tasks of a defence force whose country is at peace. ''With threat-based approaches you look what your army is up against, while with goalbased approaches you look at what you want your defence force, which has a constitutional mandate of protecting South Africa, its people and national interests, for. ''This report puts reality on the table. We simply cannot claim that South Africa's defence force is number one on the continent or has the capabilities to fulfil its role. ''We need to adhere to South Africa's responsibilities, which is the continent's economic engine driver which must take a leadership role in defence.
"A balance of what the defence force must do has to be found and this is the start of that process, with the report containing guidelines for government," he said. Meyer said the difference between the current review and the 1998 review, was that for the first time there was a chance when it came to the defence force's level of ambition. "This ambition will take into account its required tasks. "The biggest danger we now run is that we do not spend sufficient resources for operations and capabilities, while we allocate too much funds to personnel, which sees us running a risk of us sitting on a 'militia' who do not have the necessary capabilities. "This is not to say we have too many people, but we should never have a situation where our personnel costs exceed 40% of our budget.'' Highlighting the point of the review, Meyer said it was not about expanding the defence force, ''but rather ensuring South Africa has a cost-effective defence force which is first planned and then staffed and developed to its required needs. ''There is sufficient substance in the document to mobilise support for the defence force. ''While it is not controversial, there are some proposals which could be seen as such. "These include the establishment of a completely new defence force service commission and the creation of a single integrated defence material organisation, which sees Armscor integrated into the defence force creating an effective acquisition agency, saving time and acquisition costs." 12 April 2012 Reuters Jon Herskovitz
FACTBOX-Key political risks to watch in South Africa
South Africa's ruling ANC has mostly ignored alarm bells rung by the world's major rating agencies, which say the continent's largest economy is on the wrong track and the government is failing to fix it. Instead, the African National Congress has focused on a bruising succession battle between front-runner and President Jacob Zuma and his foes, scrambling for delegates ahead of a year-end elective conference.
The party will hold a policy meeting in June ahead of that conference, but its plans to tackle chronic unemployment, a broken education system and rigid labour laws have failed to impress investors. Meanwhile, the country's electric grid is nearing the edge of its capacity, raising fears of a repeat of blackouts that shut factories and mines in 2008, causing billions of dollars of damage. INTERNAL FIGHTS Zuma appears to have sidelined his main rival, ANC Youth League President Julius Malema, who risks permanent expulsion from the party for violating its rules. The party has temporarily kicked him out on a separate offence of calling Zuma a dictator. Zuma's path to re-election as ANC leader would have faced a serious obstacle if Malema, a populist calling for a take-over of mines and once considered a party kingmaker, had remained in the movement. If Zuma wins the party leadership race, he is almost certain to be the party's nominee for the 2014 presidential election, and the ANC's stranglehold on politics means its candidate is guaranteed to win the vote. But the ANC has not yet enforced its decision to formally expel Malema, setting up a battle in which the most likely weapons will be allegations of corruption. Zuma has been implicated but not convicted in a decade-old arms deal that saw many political heavyweights jailed for accepting bribes. Fresh dirt could undermine him ahead of the policy conference in June and the ANC election in December. Malema is facing a police probe into his finances and a Treasury investigation into the books of his home province of Limpopo, where firms connected to the youth leader have been awarded several government contracts. Zuma's government has also put before parliament several pieces of legislation on secrecy. If passed, critics say, the measures would set up a small cabal around the president who could bury harmful information under the guise of it being state secrets and spy on its foes without seeking approval from the courts. What to watch: - Dithering by the ANC that allows Malema to stay on and undermines senior members who want him out. LABOUR WORRIES
Leading labour federation COSATU, in a governing alliance with the ANC, has tried to flex its muscles with a mass protest in March against the use of temporary workers. Zuma's top financial advisers are trying to steer the government away from unionfriendly policies backed by COSATU by pushing plans to make it easier for firms to hire and fire workers. But the government has not taken the advice. The ANC has sent to parliament four major measures aimed at appeasing COSATU. The bills place more burdens on employers, make it more difficult for them to hire seasonal labour and drive up the cost of staff. Economists say the government, in order to cut chronic unemployment, must reduce the raft of regulations stifling employment in the private sector and ranked among the globe's most restrictive by the World Economic Forum. The country has lost about a million jobs in the past two years, with the manufacturing sector the hardest hit. Many of these jobs will not come back because labour has priced itself out of the market. What to watch: - Delays in the labour bills, which would indicate the ANC is backing away from COSATU. - Progress on what is known as a "youth wage subsidy", which COSATU deplores but economists see as helping young people get jobs. DOWNGRADES Fitch, Moody's and S&P have in the past few months downgraded the outlook for South Africa, saying Zuma has not done enough to tackle structural problems or cut into the growing state debt. The ANC wants to increase revenue by imposing a windfall tax on mining firms in the resource-rich state, according to discussion papers for its policy meeting. The ANC has devised numerous high-minded plans to improve schools, create jobs and end poverty since it came to power at the end of apartheid in 1994 but most of them have been crippled by corruption and incompetence. The country is on track for years of low growth, far below the 7 percent a year the Treasury says is needed to make a significant dent in unemployment.
One promising sign is that the central government has taken control of failed departments in a few provinces in an effort to restore health and education systems. But there have also been hundreds of anti-government protests by people still waiting for basic services such as electricity, running water and schools. These have undercut ANC promises to provide "a better life for all". What to watch: - Growing protests about service delivery, which will be seen as a rebuke to Zuma's administration. ELECTRICITY The near-collapse of the grid in a system overload in 2008 forced mines and smelters to shut for days and deterred new mining and manufacturing investment. Electricity supply shortages still worry businesses and households. State utility Eskom said it has secured enough cash to build new power stations, and the first new unit will come on stream later this year. Eskom's capacity margin will remain thin until a massive new power plant comes on stream. This is due next year but may be postponed because of construction delays. Large tariff increases over the next three years are helping Eskom plug its funding gap, but industry leaders complain that the extra costs are likely to stifle growth. What to watch: - Additional tariff rises to pay for power stations that could fuel inflation. - Blackouts caused by system overload may undermine Eskom's assertions that there will be no repeat of 2008, deterring long-term direct investment.
17 April 2012 Business Day Page 3 Karl Gernetzky
SA comes bottom of the class in literacy
Leading education experts cannot explain how SA’s education system is less successful than those of many developing countries, despite well-crafted policies and enviable resources.
Earlier this month, SA’s representatives joined 300 other delegates at a World Literacy Summit in the UK where they signed the "Oxford Declaration" that seeks a recommitment to education going beyond the United Nations Millennium Development goal of universal access to schooling by 2015. The CEO of the Molteno Institute for Language and Literacy, MasennyaDikotla, who attended the summit, says the global focus should be on pupil performance and how educational resources, the abilities of teachers, and matters such as home-language tuition contribute to pupil performance. A trend had emerged in SA and abroad whereby more children were attending schools. Despite this, "they are not learning ", Mr Dikotla says in motivating for the new global focus. In terms of the Millennium Development Goals, and the focus on schooling outcomes, however, SA is on track. The government’s commitment to education has seen access of seven to 14-year-olds to primary schooling rise to almost 100%, and the government has committed what will amount to more than R5bn to the South African Literacy Programme, which aims for basic literacy for 4,7-million adults. Despite this, last year’s Annual National Assessments saw 69% of grade 3 pupils not achieve, or only partially achieve, the required level of literacy for that grade. Also, SA performed at or near the bottom of virtually every global and regional ranking of literacy in which it participated. In light of these figures, the Department of Basic Education has expressed its intention of moving to an outputs-based rather than inputs-based approach to education. Basic Education Minister Angie Motshekga said in her department’s 2012-13 Annual Performance Plan, released last month, that the period would be characterised by interventions with "clear goals, signposts and milestones to measure progress in basic education". But Mr Dikotla says while SA seems to be adopting the correct policies, in the wake of performance the conclusion has to be drawn that "it is not yet there in implementation". This "follow through" is important for SA, which, while facing the same problems in illiteracy as developing countries, was in fact a middle-income country, and would have to deal with the problem "with our own resources", Mr Dikotla says. The CEO of Pearson Southern Africa, Fathima Dada, says a core focus of the summit had been the role of nongovernmental organisations (NGOs) interacting with governments in the literacy
sector. Pearson, one of the world’s largest providers of educational resources, sponsored the summit. Mr Dikotla says this aspect of the summit — the role of civil society — showed that successful countries had avoided playing "the blame game" when it came to outcomes. More "cohesion" is needed between South African NGOs, which were overly competitive, including NGOs that engaged in "constructive criticism" of the government, he says. A secondary focus of the summit was in refocusing illiteracy as a "disease", given its socioeconomic effects. This focus was due to illiteracy’s direct links with an array of poor life outcomes, such as poverty, unemployment, social exclusion, crime and chronic illnesses, says the CEO of the World Literacy Trust, Andrew Kay, who convened the summit. SA contributes $6,6bn of the $1,19-trillion annual cost of illiteracy to the global economy, according to a World Literacy Foundation report.
12 April 16 April 2012 The Times Page 5 Graeme Hosken
Military to expand its rhino patrols
The announcement by Defence and Military Veterans Minister LindiweSisulu was made on Thursday, a day before a rhino mother and her calf were killed in a private Limpopo game reserve.
The killings bring the number of rhinos killed this year to 171, with 95 killed in the Kruger National Park. Operation Rhino, which began recently, has resulted in the deployment of 60 troops along the park's borders with Zimbabwe and Mozambique. However, the government's slowness to assist private game reserves to save their rhino populations has come under fire. Salome Maritz, owner of the Palala Rhino Sanctuary in the Waterberg, said people such as herself could not wait for government intervention.
"We are desperate for assistance and, though the deployment of soldiers would be a great help, the government is just too slow to act. "The area is vast and, to ensure the protection of all the Waterberg's rhinos, we would need at least 100 people protecting the area. This is why we are turning to volunteers. "Our volunteers are people from the cities who want to help us to protect rhinos. "We call on people who have time to be our eyes and ears in the sanctuary, patrolling and reporting suspicious vehicles or people. "We won't accept just anyone. Volunteers undergo stringent security checks," she said. SA National Parks spokesman Gabrielle Venter said that, since the start of Operation Rhino in the Kruger Park, the poachers had moved to other provincial and private parks bordering the park. Sisulu, who gave little away about the new strategy, said action was vital if rhino poaching were to be stamped out. "We have found that, as we increase our presence in the Kruger Park, poachers have changed focus and there is now an unprecedented assault on private reserves. So we are looking at a comprehensive strategy to deal with this," she said. Environmental Affairs spokesman AlbieModise said the use of soldiers was having a dramatic affect on rhino poaching, with 90 arrests - the majority occurring in the Kruger Park. "Our new, multi-pronged strategy will involve not only the continued use of soldiers but the deployment of police," he said. Modise said there had been a marked increase in the killing of rhinos in private game reserves. "Our ministry's responsibility is not only to protect state-run parks but animals all over South Africa," he said. 16 April 2012 The Times Page 7 Justice Malala
ANC is banking on threats
Mbeki didn't believe crime was a huge problem. That year, in January, he told the SABC: "It's not as if someone will walk here to the [television] studio in Auckland Park and get shot. That doesn't happen and it won't happen. Nobody can prove that the majority of the country's 40-million to 50-million citizens think that crime is spinning out of control."
On the Friday before the launch of the FNB campaign delegations from the presidency, business leaders aligned to Mbeki and others put so much pressure on the bank to can the R20-million campaign that it was abandoned at the very last minute. At the time FNB provided banking services to government bodies including the Treasury, the SARS, provincial governments and parastatals such as Telkom and Transnet. Paul Harris, then CEO of FirstRand [the holding company], said the campaign was cancelled after "various discussions" that highlighted its potentially negative consequences. If FNB had gone ahead with the campaign it would have faced the "negative consequences" of losing government business. Why, though? Taxpayers' money was used to force FNB to keep quiet and therefore enforce a false consensus in the land. The most ominous expression of the Mbeki administration's preparedness to use government resources to bully and blackmail business and the press into silence on major issues was expressed by EssopPahad, the minister in Mbeki's office at the time, and his long-time friend and bag man, in September 2007. Back then Pahad was reported to be considering stopping the government's advertising in the Sunday Times, which had exposed the late Health Minister MantoTshabalalaMsimang's conviction for theft 31 years ago in Botswana. Then presidential spokesman MukoniRatshitanga told The Star: "The minister in the presidency holds a strong view that, in the light of the Sunday Times reports on Tshabalala-Msimang, and other reporting which, in his view, is sensationalist and deliberate miscommunication of the views and position of government, then the government must not advertise in the Sunday Times." The newspaper reported that ThembaMaseko, then head of the Government Communication and Information System, said: "It is true .Pahad says he wants it done, so it is most likely to happen." The Sunday Times was expected to stop exposing some of the corruption and denialism in the Mbeki administration and become a lapdog. To achieve this the threat of destroying the newspaper came from a minister and pal of the president. This is abuse of the worst kind. That was then. Mbeki humiliatingly lost power in Polokwane and was ejected from office by the ANC the following year.
Today, NedbankchairmanReuelKhoza is facing fire from all angles of the ANC. Khoza made the mistake of pointing out what every South African of conscience has been grappling with over the past few years. "South Africa is widely recognised for its liberal and enlightened constitution, yet we observe the emergence of a strange breed of leaders who are determined to undermine the rule of law and override the constitution," he said. Anyone who has listened to the speeches and insults spouted by ANC luminary Julius Malema could vouch for the accuracy of Khoza's contention that a strange breed of leaders has descended upon us. The ANC has an absolute right to defend itself against attacks. That is the democracy we live in. But the paranoia, the shrillness, that have accompanied the attacks on Khoza illustrate that the ANC has lost its way and is now resorting to bullying to defend itself. The most worrying aspect of the attacks on Khoza is the threat to withdraw government business from anyone who dares to proffer a view contrary to that of the ANC. Writing in the New Age newspaper this week, ANC secretary-general GwedeMantashe ended his article on an ominous note: "One of the issues that must be discussed in earnest is whether banking with an institution that sees the government as foolish and insane makes any sense." So now Nedbank is going to lose business because a political party says so? Mantashe's words were as though he had been on the line to the government already, for GCIS head Jimmy Manyi said: "Is Dr Khoza's freedom of speech likely to be followed by an exercise of freedom of association by Nedbank's directors, shareholders and customers, who may take their ideas and business elsewhere?" Mantashe and Manyi's words reflect the emergence of a strange breed of leaders who are prepared to take taxpayers' money and abuse it for narrow party-political purposes. Even if one disagreed violently with Khoza, nowhere in a democracy would taxpayers' money be abused so blatantly to enforce a false consensus. This is not just abuse. It is corruption. 15 April 2012 Sunday Times Page 4 CaiphusKgosana
Chamber backs bank boss's criticism
Khoza unleashed a storm when he wrote in the bank's annual report that South Africa's "strange breed" of leadership needed to adhere to the institutions that underpinned democracy. "Our political leadership's moral quotient is degenerating, and we are fast losing the checks and balances that are necessary to prevent a recurrence of the past," he wrote.
In a statement on Friday, the Chamber of Mines said it believed that the business community had every right to make inputs to public debates that advance the interests of the country. "The chamber's office-bearers make clear the view that South Africa's business leaders should not only seek to be involved in debates on national and political issues, but should be actively encouraged to do so." It said it was concerned by the reaction of ANC leaders to Khoza's observations, especially the remark that business should stay out of politics. ANC secretary-general GwedeMantashe last week warned Khoza not to deflect attention from the failures of business by talking about political leadership. The chamber said when political leaders had concerns with what business leaders were doing or saying, these should be resolved through private engagements, rather than open hostility. "We have a great country to build while confronted with the three massive challenges of alleviating poverty, inequality and unemployment. In dealing with these issues as a collective, criticism of the kind expressed by Dr ReuelKhoza is an inevitable component of the development of our young democracy." SACP general secretary Blade Nzimande, writing in the communist party's online newsletter, Umsebenzi Online, said the source of Khoza's anger could be the shift in policy adopted by President Jacob Zuma's administration from "neo-liberal policies" to an active industrial policy that focuses on boosting manufacturing and investing in infrastructure. 15 April 2012 Sunday Times Review Page 1 Moeletsi Mbeki
Moeletsi Mbeki: Our very stark choice
Unlike China, South Africais not working, so it is hardly polluting. Our pollution - acid mine water, sulphur dioxide from coal-burning power stations, dust from mine dumps, silting rivers from soil erosion - comes from the past, when South Africa worked.
South Africa's future is about conflict: social, economic, political conflict. This must surely be self-evident to most people . If most of the adult population of a country do not work, the few people who do work must feed, clothe, house, and heal those who do not. But the few people who do work must also look after the wellbeing of their own families and close relatives as well. Faced with this double burden, what do the employed people do? They borrow. They borrow to pay their taxes to keep the government operating, they borrow to pay school fees for their children, they borrow to feed the unemployed, they borrow to pay for toll roads. The government borrows to pay the lavish salaries and allowances of its ministers and senior officials; to pay for the infrastructure the people cannot afford to use; to hire more people to collect unpaid service charges and to prosecute and disconnect those who are perennial offenders. Not all is doom and gloom, however. South Africa has many rich and super-rich people. It also has a vast store of minerals that foreigners, especially Asians, are keen to buy. The rich mine owners sell minerals to foreigners and with the proceeds South Africa imports goods and services - chicken, beef, computers, 4x4s, cooking oil, cattle feed, medicines, clothes, shoes and petrol, to name but a few. So the vast amounts spent by the government on infrastructure will not all be wasted after all, as some of the infrastructure will be used to transport imports from the ports to the interior. Indebtedness is one of the main factors that lead to social conflict and is a consequence of expected social conflict. Another important contributor to conflict is capital flight. The rich South Africans, having sold their minerals abroad, keep some of their money abroad. Vast amounts of the money paid by foreigners for South Africa's exports are not returned to the country, but kept outside the country illegally. In a conflict-prone land such as ours the rich keep vast amounts of money outside the country to ensure not all their wealth goes down with the sinking ship. Capital flight, like indebtedness, fuels social conflict because funds that should be invested in the country to create employment are kept abroad, thereby contributing to creating greater unemployment at home.
Those who doubt the extent of conflict in South Africa need look no further than the ANC government's preparations. The government is taking active measures preparing to crack down on those who choose to express discontent with the status quo. These include: The militarisation of the police; Preparations to suppress freedom of the mass media; Manipulation of judicial processes and personnel; Purges of party members who propose alternative policies; Refusal to introduce a constituency-based electoral system to complement proportional representation; and Strengthening of the powers of chiefs over the rural population. There are of course solutions to South Africa's economic and social problems. Repression is not one of them - we have been there with the National Party - and neither are capital flight and emigration. South Africa is at the middle stages of its industrial revolution, which was started by the British during the last quarter of the 19th century with the beginning of the mining industry. The progress of South Africa's industrial revolution was sabotaged by white workers and by Afrikaner nationalists who opposed skills development among black workers so as not to have to face competition in the labour market from them. South Africa's industrial revolution, unlike that of the Asian Tigers, therefore got stuck midstream in the 1970s due to lack of skilled labour and political instability. The primary challenge is to remove the obstacles placed in the path of economic development by white workers and Afrikaner nationalists. In 1994 a new school of developmental saboteurs, the African nationalists, took control of the state and proceeded to add more obstacles to South Africa's industrialisation. One the first actions of the new rulers was to collude with the super-rich to sell South Africa's leading companies - Anglo American Corporation, Old Mutual, SA Breweries and Dimension Data - to the British. Secondly, notwithstanding the room afforded by the General Agreement on Tariffs & Trade (the World Trade Organisation's predecessor) to delay removal of industrial protection, the new rulers proceeded to dismantle tariffs and subsidies with a predictable outcome - deindustrialisation and job losses. Thirdly, and probably most importantly, the new black political elite continues to mismanage the education of the black masses. Lastly, the new rulers entrenched the economy as consumption-driven rather than investment-driven. For South Africa to create jobs we need to provide incentives to private sector managers and entrepreneurs to invest in new enterprises; to expand existing companies and to
develop new products and processes. The labour force needs to be motivated to embrace productivity growth and a strong work ethic. This requires strong measures to combat inequality, not by bringing more people into social welfare programmes but by raising the education level of all South Africans. South Africa's rulers must abandon the notion that they are perennial victims who must be compensated with cushy government jobs, luxurious lifestyles and a light touch on corruption. The state must also invest, but not in white elephants such as the Gautrain, nuclear power plants and decrepit public housing. It must invest in projects that complement the private sector and facilitate its operations rather than compete against it. Last, but not least, organised labour must realise that Soviet-style socialism, which created protected employment on the back of producing shoddy goods and poor services, was always on a road to nowhere. While an unregulated free-for-all capitalism is also a non-starter, organised labour will get nowhere by piggybacking on the black political elite and begging for special treatment from the state. Organised labour must also help to find a formula for raising the productivity and innovation of South African companies.
19 April 2012 The New Age Sapa
Malema met the deadline: ANC
Suspended ANC Youth League leader Julius Malema and two other leaders submitted their written heads of argument to the ANC appeals committee on time, party spokesman Keith Khoza said on Thursday. Malema, ANCYL secretary general Sindiso Magaqa and spokesman Floyd Shivambu had until midnight on Wednesday to submit their written arguments to the ANC's national disciplinary committee of appeal (NDCA). They were scheduled to make the submissions last week, but the matter was postponed because their lawyer was not available and they had also asked for a new lawyer. The African National Congress was expected to submit its written heads of argument on Friday. Malema was expelled from the ANC in November 2011 for sowing division in the party and for bringing it into disrepute. He was found to have done so by unfavourably comparing the leadership style of President Jacob Zuma to that of former president Thabo Mbeki, and for remarks concerning bringing about regime change in Botswana. Despite the expulsion Malema remained ANCYL president until all options to overturn his sentence had been exhausted. However, he was gagged last week when the ANC's national disciplinary committee suspended him from the ANC after he called Zuma a dictator. The conditions of the suspension prohibit him from exercising any duty as an ANC member, president of the ANCYL or member of the Limpopo provincial executive committee.
On Tuesday, the NDCA dismissed Malema's bid to have his temporary suspension from the ANC in this matter set aside. The two disciplinary proceedings were separate. Shivambu was also found guilty of sowing division and bringing the ANC into disrepute. He was suspended from the ANC for three years for swearing at a journalist and for issuing a statement calling for a change of government in Botswana. Magaqa was suspended for three years for making derogatory remarks about Public Enterprises Minister Malusi Gigaba. This was suspended for three years on condition that he apologise to Gigaba within 15 days. Magaqa apologised to Gigaba, in a statement sent to the media on March 10. 19 April 2012 The New Age Sapa
Church has a role in society: Zuma
The church has a role to play to help the country succeed, President Jacob Zuma said in Durban on Thursday. "The church has to participate in society, with government, to ensure programmes are put across to succeed, to make sure we are soldiers of God and to help the country become better," he said. He said apartheid had helped create a culture of violence. During the struggle, the ANC linked up with churches to debate how to bring about change. "The country needs more prayer and blessings to succeed. One of the aspects we pride ourselves on is the fact that this organisation was founded in a church in Mangaung. Among those present were men of God. We always say we were blessed at birth in the history of the ANC." Zuma said during the liberation struggle the party always knew it was with God, and no one could stop it from achieving its goals. "Only when each South African can put food on the table can we say we have achieved freedom." Zuma was speaking at a prayer service in honour of Bishop Denis Hurley at St Paul's Anglican Church. Hurley died in February 2004 when he was 88 years old. During his 45 years in office Hurley "spoke truth to power", both in the church and society. Zuma laid a wreath for Hurley at the Emmanuel Cathedral Church as part of the ANC's centenary celebrations. Hundreds of Zuma supporters cheered outside the cathedral gate. 19 April 2012 The New Age Sapa
Tutu says honour is for people
Archbishop Emeritus Desmond Tutu has dedicated an order presented to him by Panama to every person who fought against apartheid. “I can really only accept it in a representative capacity. I was a leader, yes, but what is a leader without followers?” he asked at the order ceremony in Cape Town yesterday. “It is the many, many people of whom most of them are anonymous, the people who were in the frontline, who accepted our leadership, who should be honoured.” Tutu recalled a Cape Town peace march in 1989, where 30000 people marched for the end of apartheid after the deaths of many in violent protests. He gave a speech outside the Cape Town City Hall at the time, referring to South Africa as a “rainbow nation”. “If only a few people had turned out that day, my reputation would have been nil,” he said. Tutu asked for forgiveness for repeating his life stories again and again, explaining that he was old. “As an old man, one keeps repeating oneself and telling the same stories. “A few years ago, they named a school after me in the Netherlands. The school was celebrating its 400th anniversary. A little girl came up to me and said: Were you here when the school started?” Tutu noted that his bright purple robes matched the Panamanian order and sash, and he jokingly reprimanded International Relations and Cooperation deputy minister Marius Fransman for not dressing for the occasion. “You’re not as old as I am and you didn’t wear the right colours,” he said. Panama’s
Deputy Foreign Affairs Minister, Francisco Alvarez de Soto, presented Fransman and Tutu with the Order of Vasco Nuñez de Balboa.
It is one of the highest orders granted by Panama to distinguished and outstanding figures.
said the two were recognised for their efforts in promoting human rights and diplomatic relations, and for fighting apartheid.
De Soto “The people of Panama see you as a role model and inspiration for present and future generations.”
15 April 2012 Sunday Times Page 1 Bongani Mthethwa and Subashni Naidoo
Zuma to marry - again!
Gloria Bongekile Ngema will become Zuma's fourth wife after having been engaged to him for a number of years.
Zuma's spokesman, Mac Maharaj, confirmed yesterday: "The president is to formalise his relationship with his fiancée, Ms BongiNgema, next week at a private traditional ceremony in Nkandla." Zuma has a three-year-old son with Ngema. He reputedly has about 20 children in total. Last year, Ngema joined Zuma on a diplomatic trip to France, her first state visit. The privilege is usually reserved for the first lady. Hailing from Durban's Umlazi township, Ngema was described as devoutly religious by friends in a Sunday Times profile story two years ago. She has various academic qualifications, including a business degree. But she may be the last bride Zuma takes. At a lavish birthday bash in Durban on Friday evening, more than 1000 guests watched a video montage in which he said his marrying days were over. He turned 70 on Thursday and has married twice during his presidential term. Zuma's other wives are SizakeleKhumalo, whom he met in 1959, Nompumelelo "MaNtuli" Zuma and Thobeka Stacey Mabhija. He divorced Home Affairs Minister NkosazanaDlamini-Zuma in 1998, and another wife, Kate Zuma, committed suicide two years later. Zuma was born into a polygamous family. His father had two wives, Zuma's mother being the junior. Yesterday, Nkandla locals were in the dark about the nuptials. Even close family members expressed surprise. The homestead, which has undergone a massive R64-million renovation, hosted a second birthday party yesterday. The renovations included the construction of six double-storey thatch rondavels for Zuma's wives and family. A guest with knowledge of the compound said the buildings were ready to be handed over to the wives. The sixth one is still being built.
He said there was 32mm armoured glass in the windows. Sunday Times has reliably learnt that each of the main bedrooms were connected to Zuma's main house by underground tunnels. The president acknowledged his wives : "I have them; they are many. They know that who comes in does not close the door behind [her] because it was not shut behind her." Ngema and Zuma's other three wives were all on hand to cut his R12500 birthday cake at the International Convention Centre on Friday. The celebration was organised by his daughters. Political heavyweights, diplomats and top businessmen, including billionaire Patrice Motsepe and his wife, Precious Moloi, attended. Also there were government spokesman Jimmy Manyi and his wife, Stella; South Africa's high commissioner in London, Zola Skweyiya, and his wife, Thuthu; KwaZuluNatal MEC for economic development Mike Mabuyakhulu; Minister of Finance PravinGordhan; sports administrator Danny Jordaan; and Durban businessman and ANC funder Vivian Reddy. Among the traditional items on the menu were pickled ox tongue with chakalaka, braised lamb shank stew, samp and beans, amadumbe (potatoes) and mieliepap. Guests were treated to boxes of chocolates and personalised bottles of water. Zulu King Goodwill Zwelithini supplied his signature wine, Bayede, a huge bottle of which went to Zuma as a gift. Intimate details of his personal life were revealed when guests were shown video clips of 70 questions put to him by his daughters. He disclosed that he would happily go on a date with DA leader Helen Zille and that his first car was a used Ford Cortina. Asked if he was done with marriage and children, he answered "I think so" to the first and "Yes" to the second. And how does he like his women? "I like one with some body."
15 April 2012 Sunday Times Page 1 SashniPather
Kruger rand scandal rocks SA Mint
The SA Mint Company, a subsidiary of the Reserve Bank, has admitted that it made underweight proof or collector kruger rands.
Economist Dawie Roodt, a former chief economist at the Reserve Bank, said while mistakes happen, "it is worrying". "These coins were cast at the SA Mint Company and basically didn't have enough gold in them. We should be concerned because this company belongs to the Reserve Bank, which is an important state institution," he said. In a statement on Friday, the bank confirmed that the coins, produced between April and May last year, did not meet "required quality specifications". The coins sell for about R14000 each. Glenn Schoeman, chairman of the South African Association of Numismatic Dealers (SAAND), said the issue was serious. "I am not aware of this ever happening before," he said. The scandal comes in the wake of the suspension late last year of two top executives of the SA Mint Company, managing director Andile Mvinjelwa and Tom Davel, general manager: numismatic coins. Neither Mvinjelwa nor Davel could be reached for comment this week. Late last year, members of the SAAND were called to a meeting at the bank and told of problems concerning the coins. It is understood that dealers were made to sign confidentiality agreements that prevented them from talking about the problematic coins. Reserve Bank spokesman Hlengani Mathebula said local and international coin dealers had been informed of the underweight coins. A verification process showed that some coins appeared to be "under specification to varying degrees".
He said that of the 1500 minted in that period, six were found to be below the required weight. Mathebula would not be drawn on the reasons for Mvinjelwa and Davel's suspensions. In December last year, the bank said the men were suspended for "technical issues". Mathebula said this week that their suspension was related to the "running of the SA Mint Company". Roodt said: "This is a cause for concern because the Reserve Bank is involved and must be above potential fraud. It can't be tainted by anything." Mathebula said if collectors felt that the coins did not meet the required specifications, they would be exchanged at the expense of the SA Mint Company. 17 April 2012 The Times Page 2 RoshanNebhrajani
Princess Anne keeps promise
Yesterday, she visited his equestrian centre in Soweto. "I never thought she would come to see my centre. When I asked her why she came, she said 'I came because you started something which no-one ever thought could happen in a black township'," Mafokate said yesterday with tears in his eyes. Mafokate saw Princess Anne - who is on a three-day visit to South Africa to mark Queen Elizabeth II's jubilee - for the first time in 1982 when he was competing at the London Royal International Horse Show. When he had tried to talk to her, her bodyguard blocked and then pushed him away. Princess Anne, who will meet Deputy President KgalemaMotlanthe today, jetted in yesterday before visiting St John Eye Clinic in Braamfontein, Johannesburg. Cheers and dancing from excited students greeted Princess Anne on her arrival at the Soweto Equestrian Centre. The only daughter of Queen Elizabeth II and Prince Philip, she won two silver medals and one gold at the Olympic Games for her equestrian talents.
She and Mafokate met again last year when he visited the offices of UK-based charity World Horse Welfare, where she is a patron. "When we met, she said 'I'll see you again'," Mafokate said. "I am happy she is here because I don't know when I would ever see a p rincess," 14year-old rider Future Mashampa said as he stroked Lady Diane, his chocolate brown stallion. Princess Anne also met the centre's award-winning vaulting team . Fourteen-year-old leg amputee SimphiweManqele and seven-year-old ThamiMpela, who has cerebral palsy, who represented the South African Riding for the Disabled Association, showed off their horse-riding skills. "I was feeling so happy because Princess Anne was looking at me," Manqele said. The hour-long visit came to a close with an award ceremony. Princess Anne handed each rider a ribbon, which the students proudly wore on their chests with beaming smiles. As she drove away, parents, students and volunteers clapped. "I feel that she has opened the door because now people cannot say they can't go to Soweto because Princess Anne came to Soweto," Mafokate said with an expression of both relief and euphoria.
17 April 2012 Cape Times Page 5 GcinaNtsaluba
Floyd flayed after his attack on Ramaphosa
The ANC has defended the integrity of the chairman of its national disciplinary committee of appeals, Cyril Ramaphosa, after he was accused of bias in the case of Julius Malema and his fellow youth league leaders. In a scathing article in weekend newspapers, ANC Youth League spokesman Floyd Shivambu questioned Ramaphosa’s motives for upholding Malema’s guilty verdict and accused him of sacrificing his principles for political power.
Reacting to the attack, party spokesman Jackson Mthembu issued a statement on Monday saying the ANC was “appalled at the crude, uncouth, disrespectful and insulting attack” on Ramaphosa. “This attack is both mischievous and disingenuous and smacks of ill-discipline,” said Mthembu. Shivambu wrote that Ramaphosa had ignored principle in ruling against the youth league leader in his first disciplinary appeal and suggested this had to do with reported attempts by “a faction in the ANC” to win the party heavyweight’s support with the promise that he would be made deputy president. Shivambu said: “Certain facts and recent developments shed light on what could be the basis of ignoring principle. “The fact that a faction in the ANC has promised him the position of deputy president, which he so dearly wanted in 1994, could be one of the reasons why he took such a stance,” wrote Shivambu. Mthembu hit back, saying Ramaphosa had never discussed being on a list of any ANC faction. “The branches of the ANC have not started to discuss nominations and therefore there is no truth that Comrade Cyril is appearing on any list. “This exists in the warped imagination of the likes of Floyd,” he said. Mthembu also rejected outright claims that President Jacob Zuma had influenced the disciplinary processes. Shivambu’s comments – directed at the person who is to rule on the fate of Malema, youth league secretary-general SindisoMagaqa and himself in their appeal against their sentences – echoed the league’s defiance of the ANC in declaring on Sunday that Malema would continue as its president despite the party’s national disciplinary committee prohibiting him from doing so. The three are scheduled to submit written presentations to Ramaphosa’s committee tomorrow in their latest appeal bid. Mthembu said it was disingenuous of Shivambu to single out one person and blame him for a decision taken by the committee. “This is tantamount to saying other members of the team are dwarfs, useless, sheepish followers who do not apply their minds,” said Mthembu. “This in itself is an insult to the members of the NDCA and their integrity as leaders of
the ANC in their own right.” Mthembu said the “senseless attack” on Ramaphosa reflected the idea that there were people in the ANC who were “untouchable” and above the organisation and its constitution. He said Shivambu was a serial offender with a history of ill-discipline. “It is not surprising that he left the Young Communist League on the verge of being charged,” said Mthembu. “He is currently facing serious charges within the ANC. Clearly we are dealing with a serial offender who continues to bring shame and disgrace to the broader democratic movement.” Last year, Shivambu, Malema and other league leaders appealed to Ramaphosa’s committee after they were found guilty of various breaches of the ANC constitution. The committee upheld the guilty verdicts, but sent the matter back to the national disciplinary committee for mitigation. Malema’s sentence was then increased to expulsion and it is this sentence he is appealing with Ramaphosa’s committee.
17 April 2012 Business Day Page 3 Sam Mkokeli
ANC angered by Shivambu’s lack of ‘respect’
The African National Congress (ANC) yesterday rebuked ANC Youth League spokesman Floyd Shivambu for his attack on party leader and businessman Cyril Ramaphosa. Mr Shivambu’s criticism of Mr Ramaphosa could make it easier for the ANC to launch more disciplinary proceedings against the youth leader, who already faces suspension for disrespecting party leaders. In articles published by weekend newspapers Mr Shivambu accused Mr Ramaphosa of lacking principles, and also questioned his struggle credentials. Mr Shivambu’s statements appear to be part of a co-ordinated strategy of daring and defying ANC leaders, who are trying to crack the whip on the youth. He is widely expected to be slapped with another disciplinary charge, for publicly criticising ANC leaders.
He also irked ANC secretary-general GwedeMantashe when he said in a radio interview two weeks ago that President Jacob Zuma ’s replacement as leader of the ANC would be a definite outcome of the Mangaung conference. ANC spokesman Jackson Mthembu yesterday said: "This attack is mischievous, disingenuous and smacks of ill-discipline. "Comrade Cyril Ramaphosa is an outstanding leader of the ANC and has earned his standing due to his commitment to the organisation and the objectives of a free and democratic SA. "Floyd’s senseless attack on comrade Cyril derives from the notion that there are untouchables within the ANC who loom larger than the organisation and the constitution. Floyd Shiv ambu has a history of lacking discipline and this has come with a cost in some of our progressive structures at tertiary level." Mr Shivambu quit the South African Communist Party on the eve of disciplinary action, after he allegedly called deputy general secretary Jeremy Cronin a racist. Mr Mthembu said the attack on Mr Ramaphosa showed lack of discipline and respect for the ANC. Mr Ramaphosa chairs the ANC’s disciplinary committee of appeals, which is dealing with Julius Malema and Mr Shivambu’s appeal. The ANC’s disciplinary committee, chaired by Derek Hanekom , gave Mr Shivambu a three-year suspension last month, which he is appealing. Some league leaders feel the committees were not independent and fair, and worked under Mr Zuma’s instructions to get rid of members who were campaigning to bring in new leaders at the party’s elective conference in December. "We again want to reiterate that at no stage did President Zuma suggest any course of action to the disciplinary structures of the ANC with regards to any matter before them," Mr Mthembu said. On the other hand, the youth league is preparing to defy the suspension of Mr Malema, which bars him from leading the league and all other structures of the ANC. It announced on Sunday it still recognised Mr Malema as its president. Mr Malema has appealed against his suspension at the disciplinary committee of appeals. A decision is expected as early as today. Mr Malema says his suspension contravened the ANC’s constitution. The suspension was decided upon by Mr Hanekom’s committee, without anyone laying a formal complaint. Sources close to the league say Mr Malema’s lawyers argued that the Mr Hanekom’s committee was a referee and a player. The league has also said the suspension was similar to an apartheid-style ban, as Mr Malema was not even allowed to mention the name "ANC".
17 April 2012 Business Day Page 3 Stephen Grootes
League vote creates options for Malema
On Sunday, the African National Congress (ANC) Youth League appeared to cross a line in its relationship with its parent body. Its national executive committee took a decision that Julius Malema would stay on as its leader, and fulfil all his usual functions, despite his suspension by the ANC’s national disciplinary committee.
The ANC responded quickly, saying "only those organisations that saw themselves as outside the ANC would break the provisions of (its) constitution". The league also announced it would hold a national general council so that its branches and members could discuss a way forward. It seems Mr Malema may be contemplating several options. They could include ensuring that he and the league share the same fate, or even something more ambitious. In 2005, the ANC held a national general council at which it was widely expected its then deputy president, Jacob Zuma , would resign his party leadership positions. Then president Thabo Mbeki appeared to have his thumb firmly on the organisation. But ANC delegates at the meeting rebelled, and refused to accept Mr Zuma’s resignation. Against this background, Mr Malema would appear to be charting a risky path by holding what would be only the league’s second council — at the first, in 2010, Mr Malema used his political power to force its then deputy leader, AndileLungisa, to publicly apologise. This calculation of risk shows that Mr Malema must have high hopes for the event. For political analyst Aubrey Matshiqi, senior associate at the Centre for Policy Studies, it’s all about legitimacy. Mr Malema and his supporters in the league’s executive committee "need to lend more legitimacy to their defiance, and to their argument that the league is autonomous". Mr Malema is trying to show the ANC, and particularly those among its leaders he oppose s, that "the decisions of the ANC do not extend to Mr Malema as leader of the league", Mr Matshiqi says. If the league’s national general council culminates in a decision by members to defy the ANC’s disciplinary machinery, the party’s leaders would be in a difficult position. It would look undemocratic to then expel Mr Malema. But to do nothing would be allowing a challenge to its authority to pass unanswered. Either way, it would result in an escalation of tension between the two bodies. Mr Matshiqi points out that one option for the ANC would be to "mirror the strategy". The ANC’s national executive committee could vote on how to deal with the league. There could even be a "special national general council of the ANC, to deal with the challenge of the league and Mr Malema once and for all".
All of this would depend on how confident either organisation is of support for such a strategy. It is possible that Mr Malema did not want a national general council, but that his supporters in the leadership were pushed into it. The league is not as united as it sometimes appears, and it may be that the suggestion came from his opponents, who want to use it to hold a confidence vote in his leadership. Either way, timing will matter. The earlier the general council happens, the sooner Mr Malema will be able to use it to create an impression of overwhelming support. But as time progresses, his opponents will try to mass their political resources to oust him. And if he is unable to give public speeches in that time, he could lose ground. Timing matters for Mr Zuma and other ANC leaders too. If Mr Zuma is unable to get the ANC’s national executive committee to act quickly, it would appear as if he does not believe any more that he holds the balance of power in that body. 17 April 2012 Business Day Page 3 FrannyRabkin
JSC ‘still deciding next step’ in Hlophe saga
The Judicial Service Commission (JSC) was tight-lipped yesterday about its closed meeting, with spokesman CP Fourie saying only that no decision had yet been taken on how the commission would proceed in the "Hlophe saga".
The commission was locked behind closed doors all day. The gross misconduct dispute between Western Cape Judge President John Hlophe and the justices of the Constitutional Court — now squarely back in the lap of the JSC — was just one of the thorny issues the commission had to deal with yesterday. But Mr Fourie said the JSC was still "in the process" of deciding what the "next step" was. In 2009 the JSC cleared Judge Hlophe of gross misconduct allegations made by all the then justices of the Constitutional Court, who accused him of improperly trying to influence the outcome of judgments — then pending before their court — connected to corruption charges against President Jacob Zuma . The justices were also cleared of Judge Hlophe’scountercomplaint, that they had breached his constitutional rights in how they went about their complaint. But the JSC’s decision was set aside by the Supreme Court of Appeal, in two separate cases, and now the JSC must reinvestigate the complaints. Three JSC members, DumisaNtsebeza SC, MbuyiseliMadlanga SC and Chief Justice MogoengMogoeng recused themselves from the Hlophe discussion.
In the initial JSC inquiry, Mr Ntsebeza had represented Judge Hlophe and Mr Madlanga had represented two Constitutional Court justices. Justice Mogoeng had tried to mediate in the dispute. Western Cape Premier Helen Zille was also present. One of the appeal court judgments held that the premier of a province was a member of the JSC when misconduct allegations were made against a judge from the province. However, Ms Zille did not recuse herself, despite having made critical comments about Judge Hlophe. She said the only matter on the table was "procedure, not substance". On the unprecedented meeting between the JSC and the General Council of the Bar, both Mr Fourie and chairmanGerrit Pretorius SC said it was "confidential". The council had wanted to raise "concerns" on the lack of candidates for a vacant Constitutional Court post.
19 April 2012 The Times Page 4 Thabo Mokone
Crime intelligence unit in complete disarray
The unit has more than 2000 vacant posts and most of the 8000 officers currently in its employ do not do what they have been hired to do. They are misused by police station commanders as "scribes to take minutes" during management meetings.
These were some of the revelations made by the top brass of the police, led by acting national commissioner Nhlanhla Mkhwanazi, when they presented their strategic priorities for this financial year to parliament's police portfolio committee. The unit has been mired in controversy since the questionable return to office of its chief, Richard Mdluli, last month following a lengthy suspension after allegations of murder and fraud were levelled against him. There were also reports that Mdluli - who was also present at the meeting but said little - had looted the unit's secret slush fund and that some of the money from the fund had been spent on renovations to the home of Police Minister Nathi Mthethwa, in KwaZulu-Natal. The committee did not raise these two allegations because they fall under the oversight of the Joint Standing Committee on Intelligence. SindiChikunga, the ANC MP who chairs the police committee, told Mkhwanazi and his team that crime intelligence was failing the country because it did not detect crimes such as xenophobic attacks, mob justice and drug trafficking.
"The lack of performance in this programme is making the country pay heavily and .if we think that crime intelligence is not assisting then let us consider closing it down and leave everything in the hands of [other] intelligence structures," said Chikunga. Mkhwanazi admitted that his intelligence arm was not as strong as it was expected to be. The crime intelligence unit's Major-General Chris de Kock told MPs that part of the problem was that intelligence-gathering officers were not doing the job they had been employed for. "One of the biggest problems in intelligence is the misuse of [crime intelligence officers] at station level for the purpose of just purely statistics," he said. "Some are even used as secretaries .and the other biggest problem is the shortage of collection capacity at cluster level." De Kock pointed out that, when police station commanders used their intelligence officers efficiently, the war against crime was being won. He cited police stations such as Sandton, in Johannesburg, Bloemfontein's Park Road and Garsfontein, in Pretoria, as good examples.
19 April 2012 Moneyweb Sapa-AP
Bury violence in the past: Mugabe
president said on Wednesday that political violence must be "buried in the past" to move the nation toward free and unhindered elections.
In a rare departure from his usual finger-pointing at opponents and critics, President Robert Mugabe, addressing celebrations marking 32 years of independence on Wednesday, acknowledged violence and intimidation have long blighted campaigning. He said he asked politicians vying for office to look back at how "we have done wrong to our people" through violence and "fighting among ourselves". Mugabe's party militants and loyalists in the military and police have been blamed for much of the violence and political intimidation that has plagued elections since 2000. "We must now take absolute care and caution and ensure the fights of yesterday are buried in the past," he said. Mugabe, 88, in a conciliatory and often faltering address of 50 minutes - less than his usual, fiery 90-minute public speeches -- said voters should be allowed to join and freely vote for the party of their choice.
"All fights, all struggles that were violent should not be allowed," he said. Political party membership "should never be forced". "We organize ourselves on the basis of freedom of choice, belonging to a party of choice and freely voting for that party of choice." Mugabe's party has frequently been criticized for coercing electors to support it and using emergency food aid as a political weapon to garner votes. Mugabe did not refer to the latest claims on his ailing health. He returned on Thursday from Singapore, where he received medical treatment last year. Disputed and violence-ridden elections in 2008 led to a power-sharing coalition with former opposition leader Morgan Tsvangirai, brokered by regional mediators the following year. Mugabe said on Thursday he was pleased to see Tsvangirai -- now the prime minister -- and coalition leaders at the packed 60,000-seat Chinese-built stadium for the independence day celebrations, parades and sports. Tsvangirai's Movement for Democratic Change party had expressed concern over the focus of Thursday's celebrations on Mugabe's policies of black empowerment and the proposed seizures of 51 percent of foreign and white-owned businesses. Tsvangirai in his anniversary message on Tuesday described that theme as "repugnant" and likely to again scare off much-needed investment. He said fighters who died to end Britain's colonial rule in 1980 "will only be proud of us if we bring back the noise in our silent factories," attract investment and create jobs and economic growth. Mugabe said crowd organizers had asked not to wear party symbols, and that all coalition partners had a responsibility to guarantee peace and security so as to safeguard future development goals. "We also say to you that your responsibility is not only to listen to us, but also to do what we bid you to do," he said to the attentive crowd. 20 April 2012 Financial Mail Page 30 Prakash Naidoo
It is inevitable, some say even necessary and healthy, that in almost all democracies there will be tensions between the judiciary and politicians — especially if judges wield the power of judicial review over the executive and legislature. For the most part, SA’s three arms of government have contained these tensions in a civil, though uncomfortable, accommodation over the past 17 years. But in recent months a series of incidents have occurred, turning the relationship into one of such seething hostility that it could provoke a confrontation with perilous implications.
A number of retired and sitting judges have spoken to the FM on the condition of anonymity as they do not want to be seen to be critical of government or fellow jurists. As have some senior members of the bar, who are afraid of inflaming a process that has already become a delicate negotiation. What they say exposes cracks in a judiciary trying to protect its independence under a new and unsure chief justice; growing tensions among the judges of the country’s highest court; a ruling party and political establishment that is sharply divided on what to do; and a real threat to the integrity of SA’s courts through political interference. So charged has the exchange become that the usually measured former chief justice, Arthur Chaskalson, was moved to say that the attacks on the judiciary coming from senior politicians could well undermine the constitutional order and pose a threat to SA’s democracy. “How did it come to this?” lamented one retired judge last week . “I don’t think it’s quite a crisis yet, but we are hurtling pretty close to one if this sort of rhetoric is not reined in.” The rhetoric, from President Jacob Zuma, government ministers and senior ANC leaders, can be distilled into this: the courts and the constitution now pose an obstacle to effecting essential socioeconomic change and implementation of government policy; that some court decisions have handicapped the functions of government; and that all of this is being driven by a judiciary that has been slow, even reluctant, to transform. Further inflaming the debate, Zuma, in an interview earlier this year with The Star, stated that not only was government seeking a review of the constitutional court’s judgments, it also wanted to review its powers. Equally worrying statements were made by correctional services deputy minister Ngoako Ramathlodi and ANC secretary-general Gwede Mantashe, all of which also raised the spectre that the party was looking for grounds to change the constitution. Though there are differing views about exactly when the relationship between government and the judiciary began to unravel, most agree that by the time Mogoeng Mogoeng was nominated for chief justice and then appointed by Zuma in September last year, things were already seriously askew. Sitting and former judges from various divisions of the courts say Mogoeng’s nomination and elevation has caused enormous tensions in the country’s highest court. The chief justice is said to be aware of the fact that other constitutional court judges had declined the position before Zuma offered it to him, which one judge says has made their relationship with Mogoeng “very difficult”. It has also not helped that most of the bench (all the judiciary) and the legal profession openly supported the deputy chief justice, Dikgang Moseneke, as the preferred choice, and that the largely negative criticism that accompanied Mogoeng’s nomination and his confirmation process had poisoned the well to such an extent that he is still seething about how he was treated. “This is probably one of the most difficult times for the judiciary and we need strong and principled leadership,” says one judge . “Sadly, our chief justice does not exercise moral or intellectual authority. He has neither the depth nor any kind of judicial philosophy to lead the bench.”
At least two judges say that the relationship between Mogoeng and Moseneke remains strained and that the chief justice’s deeply conservative views coupled with a sense that he does not enjoy the full support of the bench have impeded his ability to find common ground with most fellow judges. And this has seriously constrained his ability to offer leadership at a time when the bench has come under the most sustained political attack since democracy. According to one source close to the constitutional court and who has knowledge of the incident, it is known among a small circle that judge Zac Yacoob, whose term ends in a year , has postponed taking his long leave because he is deeply worried about who the chief justice might appoint to act in his position. “He is really worried that a conservative judge would be asked to act while he was away,” says the source. Yacoob and Mogoeng declined to be interviewed or provide comment for this article . “It’s well known in legal circles that it’s not the happiest place to be a judge right now, which may explain why [the judicial service commission (JSC) ] still cannot find candidates to fill that vacancy,” says one senior counsel. Since Mogoeng’s appointment and the departure of former chief justice Sandile Ngcobo after serving his two-term limit last September, the JSC has not been able to fill the vacancy this has created because too few candidates have applied (see next story).
Interviews for other positions on the bench began in Cape Town on Monday, and the constitutional court post will be advertised a third time. Mogoeng’s nomination and the way in which the JSC appeared to rubber-stamp his appointment has added weight to the long-held and now prevailing view among many in the legal profession that this was the start of a long-term government plan to appoint a more compliant and executivefriendly bench. Moseneke, who was appointed to the court in 2002 and became deputy chief justice three years later, has been passed over twice for the top position because many believe his fierce independence has won him few admirers in the ANC. But indications in recent weeks suggest the ANC remains divided on the issue and is struggling to articulate a coherent common position in public. After Zuma and Mantashe’s comments in February, justice minister Jeff Radebe, who later announced that the supreme court of appeal would be included in the review, asserted that government had no interest in reducing the powers of the constitutional court. In fact, when the terms of reference for review were released by Radebe last month, there was no mention of assessing the powers of the courts. Nevertheless, government wants the review to look at the extent to which rulings “have contributed to the reform of SA jurisprudence and the law to advance the values embodied in the constitution ”. The review will also assess the evolving jurisprudence on socio economic rights. “There has been no uniform voice from the ANC on this issue,” says Chris Oxtoby, a research associate with the University of Cape Town’s Democratic Governance & Rights Unit (DGRU). “I think this suggests that the ruling party is still having a conversation with itself about this.”
The DGRU and several other institutions, said to include the Human Science s Research Council, are now considering whether to pitch for the tender to conduct the review, which is expected to take at least 18 months to complete. It looks a daunting task and, on the face of it, will require an analysis of almost every judgment from the supreme and constitutional courts and then an assessment of their impact. The harshest criticism of the review has come from civil society organisations, opposition parties and legal commentators, who remain suspicious of a more sinister motive by government. This suspicion was deepened when the supreme court of appeal (SCA) was included in the final brief for the review, coming on the heels of two out of two judgments from that court which have had enormous and potentially embarrassing consequences for government and Zuma personally. The judgments, delivered by one of the court’s most astute jurists, Mohammed Navsa, first found that Zuma’s appointment of national prosecutions director Menzi Simelane was constitutionally flawed and, in a separate ruling, that the decision to drop corruption charges against the president was subject to review. “It is hard not to make the link,” says one judge on the SCA who was not involved in either judgment. But in off-the-record interviews with other judges last week, almost none were particularly worried by the process. Some even welcomed it. “I know that something similar was done on the judiciary by the presidency during the 15-year policy review [in 2008] and it was actually quite insightful,” says one judge. “An honest assessment of the judgments in itself cannot be a bad thing.” Similar sentiments were expressed by Yacoob at a legal gathering in Cape Town last month. “As far as I am concerned, there is absolutely nothing wrong with an evaluation of the work of the constitutional court, or any other court,” said Yacoob. “I am certain that any opinion expressed at the end of any judicial review process will be taken seriously by every judge in the country.” But Yacoob did warn against the suggestion that there should be co-operation between the judiciary and the other two arms of government towards reaching some sort of common understanding about the needs of the country. “The thesis is apparently that all branches of government aim at achieving the same result and should in some senses work together,” said Yacoob . “I would assume that this cannot be intended to mean that the executive and the legislature should be able to discuss matters of importance with the judiciary directly and outside a court hearing, in an effort to influence it.” But legal academic Loammi Wolf, who has written extensively on SA’s judiciary and is now based at the Democracy & Peace Institute in Germany, says even though the review stops far short of what was originally announced, it still appears to be an attempt to establish executive control over the judicial branch. “A review that looks at the courts’ role in achieving socio economic change suggests that government believes that judges should be part of enforcing government policy,” says Wolf. “This
is not the function of the courts or judges, who decide on the constitutionality of legislation and enforce the laws, not in developing policy or making law.” Wolf was especially riled by the fact that the justice department had put this review out to tender. “The mere idea that assessment of judgments of the highest courts in the country could be granted to a tenderer by way of a state contract is probably the ultimate slap in the face for the judiciary,” says Wolf. Oxtoby says that though the review itself can be a constructive process, the much more worrying issue is what government will do with the report once it is complete. “Will it form part of a transparent and constructive debate, or will just parts of it be cherry-picked and then used to place further pressure on the courts?” asks Oxtoby. Most judges interviewed expressed similar reservations and say though the review itself is not a bad thing, the “confused and multiple views” from the ANC about the outcome of the process remain worrying. “This is not something that we feel particularly sanguine about, but I don’t think it is something we should panic about yet,” says one retired judge. But if the political motive is to expose some sort of “complicity” by the courts that they have impeded socio economic transformation, then it may fall disappointingly short. A study released by the World Bank last month, which assesses the impact of court judgments on socio economic rights in five countries, has found that far from being a hurdle to effecting change, the judgments from SA’s constitutional court have in fact been overwhelmingly pro-poor. It is estimated that the court’s rulings on education and health have benefited more than 80% of people who fit the narrow definition of “underprivileged”. It is on this precise point that so many jurists and legal commentators remain puzzled. In remarks to the administrative justice conference earlier this year, Chaskalson said the commitment to transformation had been a consistent theme in the jurisprudence of the constitutional court, which had bound the lower courts by precedent. “This lack of transformation of the day-to-day lives of marginalised communities commented on by the [constitutional] court has not been due to decisions of the courts,” said Chaskalson. The former chief justice was also dismissive about criticism that the bench was untransformed, pointing out that the overwhelming majority of the judges now holding office had been appointed under SA’s post-apartheid constitution, with almost 60% of the judiciary now black. In the end, it would appear that the review could settle the waters and appease the judicial critics, but perhaps at a much higher cost than a frayed and distrustful relationship between government and its judicial arm. 20 April 2012 Financial Mail Page 34 Prakash Naidoo
The appointment of judges in SA has always been a vexed and charged process. Even the apartheid-era governments never quite mastered the art of stacking the benches in their favour without some resistance. But when the judicial service commission (JSC) finished its first sitting in 1994, it appeared to mark the most decisive break from the old style of the “tap on the shoulder” of the mostly white men that defined the face of the SA judiciary until then. In the past 17 years of SA’s constitutional democracy, some of the country’s legal luminaries have appeared before the commission, many of them earning elevation to the bench. Certainly the most coveted was a place in the constitutional court , which in its early days held an almost iconic status around the world for legal scholarship and a human rights-based jurisprudence. And when four vacancies opened in the constitutional court in September 2009 — when the last of the first 11 judges left the court — 22 candidates were interviewed over three days in what is now known as the Kliptown interviews. But when the JSC began a new round of interviews in Cape Town this week, it was unable to scrape together a short list for just one vacancy, despite having extended the cut-off date and calling for nominations twice. By the time the position was advertised a third time, there was serious disquiet in legal circles . Was this a signal of a loss of confidence in the way SA chooses its judges and, by extension, in the courts themselves ? Chris Oxtoby, from the University of Cape Town’s Democratic Governance & Rights Unit , believes there is some level of a crisis of confidence within the legal profession, but says the way in which the JSC chooses to deal with this will determine whether this crisis translates into a much broader public loss of confidence in how judges are selected. In interviews with a number of prominent legal professionals, some of whom have appeared before the JSC as prospective candidates for the bench, it seems many simply do not have the stomach for the wrenching style of questioning and often politically charged atmosphere that has come to mark the JSC process of late. “There is certainly some credence to the point that some people do not want to subject themselves to this kind of questioning,” says Oxtoby, whose unit has provided records of candidates’ judicial and legal work to the JSC ahead of interviews. And the warning signs for this, says Oxtoby, can be traced back to the September 2009 interviews when three highly regarded judges — Shehnaz Meer of the Western Cape high court and land claims court, and Belinda van Heerden and Robert Nugent of the supreme court of appeal (SCA) — withdrew their names from selection. At the time it was seen as a lack of confidence in the JSC itself, which had just made the controversial decision not to hold a formal inquiry into the dispute between Western Cape judgepresident John Hlophe and constitutional court judges.
The JSC was then forced to re consider that issue by the SCA in a legal challenge last year and, in fact, formed a considerable part of the commission’s deliberations behind closed doors in Cape Town this week. JSC spokesman Carel “CP” Fourie says they expect to reach a resolution on the Hlophe matter by the end of the sitting on Friday. But other factors are also in play in the latest attempts to fill the vacancy at the constitutional court. Certainly the unresolved matter of the standoff between the Cape Bar Council and the JSC must have played some part, as it would appear that even strong candidates could still be passed over. The commission lost a high court case which challenged the fact that, after interviews, it made just one appointment to the Western Cape division despite there being three vacancies and a number of good candidates. The number of vacancies on that bench is believed to have now risen to five, but there are unlikely to be any further appointments until the matter is resolved by the SCA and, even possibly, the constitutional court. Also, a number of candidates would have been a little wary of applying to serve on the court of the new chief justice so soon into his tenure, especially after the fact that his nomination, interview and subsequent appointment by President Jacob Zuma came at the expense of a number of more experienced and established members of the judiciary. Whether this theory carries any weight can only really be tested when the second vacancy opens early next year, when constitutional court judge Zac Yacoob’s tenure expires. Fourie says that it is now likely the JSC will hold a special sitting in June to fill this vacancy. One other factor that is often referred to is the fait accompli fear that some members of the JSC had already decided on the candidate and that the interview process was simply going through the motions. For example, it is believed that the judge acting in the court at the moment, Ray Zondo, was a shoo-in, so many didn’t think it was worth applying. But one issue most often raised is that the JSC has the appearance of becoming increasingly stacked with political supporters of the ANC, resulting in candidates who are politically connected often being given an easier ride than better and more experienced jurists and lawyers. Of the JSC’s 23 members who would be part of making new appointments, just a handful — the chief justice; the judge-president of the SCA; the judge who represents the high court heads; and three members of opposition parties; plus possibly the commissioner representing academia — can technically be said to be outside the control of the ruling party or government. The justice minister, three governing party members in the National Assembly, and four from the National Council of Provinces all sit on the JSC, while the president also has the power to appoint four more commissioners from the profession. Even though there is a preponderance of the legal profession, many have close ties to the ruling party.
One possible solution, some argue , would be to change the composition of the JSC to allow retired judges to serve, a respected legal bloc that is not currently represented on the JSC. But Oxtoby says that the current JSC selection process has merits and can work if some of the more worrying concerns are addressed, especially the sense that some appointments are foregone conclusions. An important starting point would be for the JSC to articulate much more succinctly the attributes it is looking for in the ideal SA judge.
19 April 2012 The New Age Phuti Mosomane and AFP
Zuma to wed for sixth time, embraces tradition
President Jacob Zuma will take a fourth wife this weekend in the 70-year-old's sixth marriage which has ignited new debate over tradition in modern Africa. The former freedom fighter, who is equally comfortable in an expertly fitted suit or his Zulu tradition clothes, will tie the knot with long-time fiancee businesswoman Bongi Ngema at his rural village in eastern Zululand. "It's a private ceremony. I just know that it's over the weekend - don't have more details," said presidential spokesman Mac Maharaj. The wedding will be president's third in just over four years and the second since coming to power in 2009 as the country's first president with multiple wives, something that has history in the country's rich heritage. The practice is legal under liberal post-apartheid laws. The rise of modernity has resulted in many African men slowly abandoning the old age tradition. His office quickly released a statement on Sunday after weekend press splashed the upcoming marriage. With headlines like "Zuma to marry - again!" - to say he will foot the bill and that his wives live in private homes. Majority of newspapers in SA and abroad has negatively written about the practice perhaps without any interest in understanding the history behind it. But the state had to nearly double the presidency's spousal budget. The wives' benefits include a personal secretary and researcher, domestic and international travel, equipment, and a daily allowance during official trips. They are expected to support the president at state and official functions, with Ngema accompanying him to France last year.
"The official line is that expenditure isn't greater because there are more wives but actually if you look at the figures the expenditure has gone up," said Lucy Holbron, South African Institute of Race Relations research manager. "It does fit into the picture of overall wasteful expenditure in government and I think that's probably why there's a bigger issue around it - less so because of it being a polygamous relationship." More interestingly, the fact that Zuma is a president of Africa's largest economy is the root of much negative reporting. Some suggest the president is only getting married now because there are presidential benefits to his official wives. Proponents of cultural globalisation would suggest certain traditional customs needs a revisiting. Who then should choose which part of our traditional customs should be dropped and which is to be continued? Who should tell the new African story? At whose benefit?