09 May 2012 1

Global South African Weekly News Wrap Up 09 May

2012

Contents SA spending millions to woo African tourists ........................................................... 2 Zuma looks to India investment ................................................................................. 2 Broadband migration ‘will create 1-million jobs’..................................................... 3 Border delays put the brake on intra-African trade ................................................ 5 Poaching on the rise ..................................................................................................... 6

ANC woos white Afrikaans speakers ......................................................................... 6 Zuma, Motlanthe clash over rules .............................................................................. 9 I am not Zuma's man –Mdluli .................................................................................. 12

Nombembe rings alarm at SA’s ‘dire’ situation ..................................................... 14

Who will be the face of change at Mangaung? ........................................................ 16 More drinking water meets global standard — report .......................................... 17 Malema remains president: ANCYL ....................................................................... 19

Malema rival booted out in a bitter youth league coup .......................................... 20 Potholes to Mangaung ............................................................................................... 24

Press club not neutral ground: ANC ........................................................................ 35 Secrecy Bill a threat to freedom, says Nadine Gordimer ....................................... 38 ANC wants stricter rules on potential members ..................................................... 38

U-turn as court tells NPA to probe Harare ‘torture’ ............................................. 39 Court examines Ginwala report in Simelane hearing ............................................ 41

Ginwala's findings not gospel –Radebe ................................................................... 42 Crackdown uncovers more dodgy police deals ....................................................... 44

Trouble as line between ANC and state fades ......................................................... 45 AG's concerns must not be rubbished like Khoza's were ...................................... 47

Thousands exposed to unsafe tap water................................................................... 48 'Congress fever' causing jitters ................................................................................. 51

Unhappiness with state failures runs across classes ............................................... 53 Secrecy bill rush raises concern among opposition ................................................ 54 Mdluli's ‘pledge’ to Zuma ......................................................................................... 55 Jordan lashes out at Turok hearing ......................................................................... 58 Will Zuma keep the E Cape? .................................................................................... 59

Youth league calls press conference after tumultuous meeting ............................. 61 Mdluli's ‘pledge’ to Zuma ......................................................................................... 62

Breytenbach: Why is Mdluli special? ...................................................................... 64 Cabinet ministers fear Mdluli ................................................................................... 66 Simelane continues his fight in Concourt ................................................................ 68 ‘Sars Malema probe is a witch-hunt’ ....................................................................... 69 Desperate at the top ................................................................................................... 71

Between constitution’s rock and ANC’s hard place ............................................... 74 Hawks' Mdluli probe finds second secret slush fund ............................................. 76

09 May 2012 2

4 May 2012

The Times

Page 10

Thabo Mokone

SA spending millions to woo African tourists Tabling his department's spending plans for the next financial year in the National Assembly, Tourism Minister Marthinus van Schalkwyk said his department had set aside R218-million to help the South African Tourism agency set up offices in west Africa and east Africa as increasing numbers of tourists from those regions came to South Africa.

Van Schalkwyk said that last year alone tourist arrivals from Nigeria and Tanzania

increased by almost 38% and 46% respectively.

"We will be investing R218-million over the next three financial years to support SA

Tourism's efforts to grow our share of the African market," he said.

"We have opened a country office in Angola, and plan to have five more on the

continent in the next five years, the second of which is to open in Nigeria in the

coming financial year."

An office would also be opened in Brazil.

Van Schalkwyk told parliament that business tourism was growing rapidly following

the establishment of the National Conventions Bureau as a business unit of SA

Tourism - which led to South Africa securing the hosting of more than 200

international conferences in the next five years.

"For the next five years, South Africa has already secured over 200 international

conferences, which are estimated to attract 300000 delegates and provide an economic

boost of more than R1.6-billion," he said.

About 1160 properties have entered the tourism sector as lodges, guest houses or

hotels after complying with Tourism Grading Council of SA standards.

Van Schalkwyk will appoint the Tourism Empowerment Council of SA, or the

Tourism BEE Charter Council, to monitor the transformation of the sector in

accordance with the BEE Charter.

3 May 2012

Mail and Guardian

Sapa

Zuma looks to India investment

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Indian and South African businesses need to consider how they can invest in projects to help combat unemployment, poverty and inequality, President Jacob Zuma said on Thursday.

"We invite the business communities ... to consider seriously how they can invest in

projects that will help us take forward these goals ... while obviously obtaining returns

on investments," Zuma said in a speech prepared for delivery at the South Africa-

India Business Forum.

"We stand ready to provide whatever support is needed to make doing business easy

in the respective countries."

Zuma and his Indian counterpart, Pratibha Devisingh Patil, who was in the country on

a state visit, were attending the forum in Pretoria.

Zuma said Patil's visit was a follow-up to the commitments made during his state visit

to India in 2010. During that visit the two governments agreed to facilitate direct

interaction between the private sectors of both countries.

Mutual trade

"We set a target of $15-billion of trade between South Africa and India, to be

achieved by 2014," said Zuma.

"According to current trade statistics this could be reached earlier than anticipated."

By the end of last year the figure was close to $7-billion, he said.

"We are on the right path indeed. We congratulate you as business for taking this

challenge seriously," said Zuma.

The ministers responsible for trade, industry and commerce were of the view that the

mutual trade between South Africa and India should increase to R111-billion by 2014,

he said.

"Let me remind you that you are in the right continent at the right time. The African

continent is the new frontier of economic growth and development," said Zuma.

9 May 2012 Business Day Page 4 Trevor Neethling

Broadband migration ‘will create 1-million jobs’ The 100% migration to broadband by 2020 would create 1-million jobs, Communications Minister Dina Pule said during her budget vote speech in Parliament yesterday.

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Job creation is a major pillar of the government’s New Growth Path, which aims to create 5-million new jobs by 2020. The minister’s projections came on the same day that Statistics SA announced unemployment rose to 25,2% in the first quarter from 23,9% in the fourth quarter of last year. However, aside from the 23500 jobs expected from the manufacture of set-top boxes in the 2012-13 fiscal year, the minister provided no detail on how these 1-million jobs would be created. Industry players see the roll out of broadband infrastructure as key to economic growth and job creation, but many big players have lamented the government’s slow progress, particularly regarding its policy on spectrum allocation. But Ms Pule was confident about her department’s plans. "Our partnership with the information and communications technology (ICT) industry gives us confidence (that we will be able) to galvanise sufficient resources to deliver on this commitment. " She said the department’s confidence was bolstered by a visit to Malaysia two weeks ago, as that country had doubled its broadband penetration between 2009 and last year. "They have reinforced our belief that a rapid roll-out of broadband is possible." The ICT sector is likely to welcome her assurances that the department would finalise its policy on high-demand spectrum in this financial year. In addition to broadband infrastructure development, the minister also prioritised the development of a national integrated ICT policy and the implementation of the digital broadcasting migration policy. Ms Pule said that the digital terrestrial television regulations would be gazetted by next month and that the South African Bureau of Standards’ standard for set-top boxes — which are needed to receive digital signals — would by finalised by the end of this month. Set-top box manufacturers would be selected within the first quarter of the financial year, Ms Pule said, adding that this was expected to create 23500 new jobs in the sector. Parliament’s communications committee chairman Eric Kholwane endorsed the budget vote but highlighted a number of issues that needed urgent attention. Key among these was the need for an integrated digital migration framework which Mr Kholwane said was lacking. He also urged the minister to fill vacant posts in her department and prioritise the corporatisation of the Post Bank. Democratic Alliance communications spokeswoman Marian Shinn said it was short-sighted that the D epartment of C ommunications had been given R290m less than last year. "This at a time when we need to pour at least R90bn into installing a broadband communications backbone that reaches, at the very least, into every region and urban hub and village in the country."

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7 May 2012 Business Day Page 1 Wyndham Hartley

Border delays put the brake on intra-African trade Delays at border posts in southern Africa involving duplication of customs, migration, police, agriculture and health formalities are costing traders millions of dollars and are retarding the growth of intra-African trade significantly, an African Development Bank study has shown. The delays, sometimes as long as three days, also create many opportunities for corruption, which further increases the cost of trade and harms investment in the region. A paper produced by African Development Bank chief economist and vice-president Prof Mthuli Ncube says a border post can be defined as the location where one country’s authority over goods and persons ends and another country’s authority begins. "It is the location where a multitude of government agencies are ... involved in the various document and goods controls, the calculation and collection of duties and taxes, as well as immigration. "The multiplicity of those agencies operating on both sides of the same border doubles the bureaucracy … which translates into congestion and delays (the waiting time for a container/truck to cross a border post in Africa ranges from three minutes to 2,8 days). The cumbersome procedures in customs processing can cost a consignment about $185 for each day of delay." In southern Africa, goods are transported along four major corridors involving Dar-es-Salaam, Walvis Bay, Beira, and the north-south corridor through Durban. "The large number of border posts and roadblocks along those corridors and the inefficiency of the procedures are overwhelmingly costly to traders and businesses in the sub-region. For instance, traders/trucks have to wait about 36 hours at the SA -Zimbabwe border post (Beitbridge). In southern Africa, customs delays cost the region about $48m per year," Prof Ncube said. He said that the customs environment in the regional grouping was characterised by a lack of co-ordination among the multiple government agencies on both sides of borders. This raised the common challenge of the duplication of procedures at each border post, which increased the potential for fraud.

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8 May 2012 The Times Page 5 Sapa

Poaching on the rise In the Kruger National Park alone, 127 rhinos were illegally killed, spokesman Albi Modise said. "[The] government views poaching of this national treasure in a very serious light and [will] fight this through coordinated, joint efforts," he said. Twenty-nine rhinos were poached in Limpopo, 22 in KwaZulu-Natal and 19 in North West. A total of 165 poachers were arrested in the same period. A total of 448 rhinos were poached last year. 6 May 2012 City Press Page 4 Mmanaledi Mataboge and Carien du Plessis

ANC woos white Afrikaans speakers The ANC has summoned a group of opinion formers to brainstorm ways to woo white Afrikaans speakers. A team of high-ranking leaders from the party is scheduled to meet the group of about 70 white and coloured Afrikaans speaking academics, church leaders and representatives from cultural organisations in a closed meeting on Tuesday, May 8. The meeting will be the start of a process to find out why white Afrikaans speakers feel alienated from government processes and the ruling party. Although the ANC isn’t selling its Afrikaans Dialogue Summit as a vote-buying exercise, there has been concern about the party bleeding support in minority areas. Some party bosses have blamed this on former ANC Youth League leader Julius Malema’s rhetoric, which was sometimes viewed as bordering on racial discrimination. ANC secretary-general Gwede Mantashe, treasurer-general Mathews Phosa, spokesperson Jackson Mthembu, Police Minister Nathi Mthethwa and Agriculture Minister Tina Joemat-Pettersson are among the leaders expected to meet

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the group. Plans for the summit were mooted after the ANC’s special projects coordinators in Mantashe’s office, Daryl Swanepoel and Renier Schoeman, met with three academics in Luthuli House in January as part of the party’s outreach initiative. The academics were University of Johannesburg politics lecturers Piet Croucamp and Albert Venter, and University of Stellenbosch politics lecturer Willie Breytenbach. Chris Landsberg, also from the University of Johannesburg, was invited but couldn’t make it. The ANC presented the details of this meeting at its national executive committee (NEC) meeting in March and submitted a report in which the academics said there was a willingness among Afrikaans speakers to cooperate with the ruling party. But they also had harsh criticism, saying: » There’s a perception that the ANC is ‚directionless in leadership and a party of contending factions‛; » The party is no longer ‚the well-disciplined party of the struggle‛ and many of its public representatives prioritised their careers and business interests ahead of the people; » Pronouncements by ‚youthful hotheads‛ in the ANC could reflect sentiments that may become policy if another faction took control of the party; » Careless and populist rhetoric by senior ANC or government leaders against the courts, the Public Protector and the Constitution are evidence that the ANC is ‚fickle regarding these institutions‛; » The ANC makes good policies but is unable to implement them because of disagreements within the alliance; and » There is ‚a general alienation in the white Afrikaans community‛ from the ANC. They suggested the ANC convince the state to expand ‚its welfare network as well as affirmative action on a class basis (rather than race)‛ to help lure ‚lower-middle class white Afrikaans South Africans‛ towards the ANC. They added that the ‚ideological distance‛ between white Afrikaans speakers and the ANC ‚is not as wide as some would like to believe‛. Mthembu confirmed that the party had been in talks with white Afrikaans speakers who raised ‚many issues‛, but he said it was too early to give details. ‚We’ll only be able to make people feel that they belong if we listen to them,‛ he said.

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Croucamp said the research – planned for the next four months – would be about getting the ANC and minority groups talking so they could participate in early policy discussions, which might help lessen feelings of alienation. ‚We must be careful not to think that it is Julius Malema alone causing this (the alienation).‛ It is understood that the ANC wants to use some of the input from this outreach meeting at next month’s policy conference. Landsberg said his participation in this initiative would not be to represent a minority group, but rather to give his views. He said it was not only whites and coloureds who feel alienation. ‚Many black communities also feel alienated from the ANC,‛ he said.

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6 May 2012 The Zimbabwe Independent Page 1 George Matlala, Moffet Mofokeng and Piet Rampedi

Zuma, Motlanthe clash over rules Chairmen summoned over double roles in provinces and national executive committee PRESIDENT Jacob Zuma wants four provincial chairmen sympathetic to him to remain in power in violation of the ANC’S constitution, while his deputy Kgalema Motlanthe has raised a lack of consistency in applying party rules. The four chairmen – Kwazulu-natal’s Zweli Mkhize, Eastern Cape’s Phumulo Masualle, Mpumalanga’s David Mabuza and Free State’s Ace Magashule – were summoned to Luthuli House recently regarding their double roles as provincial leaders and directly elected members of the national executive committee (NEC). Provincial chairs are automatically ex-officio members of the NEC, the highest decision-making body between conferences. Rule 12.8 of the ANC constitution states that ‚if any provincial chairman or secretary is elected into the party’s NEC or as a national official, such a person shall vacate the provincial position‛. It further provides for special extraordinary circumstances that may warrant an exception to the rule. ‚However, when such a provincial officer is allowed to retain his or her NEC position, the province shall not be entitled to an additional member on the NEC,‛ reads the party constitution. Ironically, Zuma was the first leader after the unbanning of the ANC to be granted the constitutional exception to serve in the NEC and provincial structure in order to contain the violence in KZN in the early 1990s. However, The Sunday Independent understands that the matter was raised again in Luthuli House a fortnight ago and ANC secretary-general Gwede Mantashe had to summon the four chairmen to a meeting. The four are known to support Zuma’s second term as party leader. However, it is believed that Zuma has put his foot down, pitting himself against Motlanthe, who intends to contest him at the ANC’S national conference in Mangaung in December. In May 2010, Motlanthe publicly objected to Gauteng premier Nomvula Mokonyane contesting Arts and Culture Minister Paul Mashatile for the ANC provincial chairman position because she was a member of the NEC.

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Attempts to force the provincial chairmen to choose between the national and provincial positions were interpreted as a strategy by those supporting Motlanthe to weaken Zuma’s campaign and support base. Mantashe yesterday confirmed that the matter had been raised with the ANC leadership, but questioned the timing of those – without mentioning names – objecting to the double-role practice. Mantashe said the four leaders were elected after the ANC Polokwane conference in 2007, and the NEC accepted the motivation for them to carry on working as provincial chairmen. He said this matter ‚cannot be an issue now because of the national conference‛. ‚We can’t interpret the ANC constitution on the basis of ambition. When we come out of Polokwane, it is good and now we are going to Mangaung, it is a major thing,‛ Mantashe said. Collins Chabane, chairman of the ANC’S constitutional review sub-committee of the NEC, also confirmed that the issue had been raised. ‚It was agreed that they (chairmen) do not have to relinquish their positions,‛ Chabane said yesterday. However, an NEC member, who spoke on condition of anonymity, said the inconsistency made it difficult for the leadership, especially the NEC, to instil discipline in the party. ‚You cannot expect the NEC to rebuke lower structures while (the same NEC members) are involved in factional politics in (the same) lower structures,‛ the NEC member said. He could not be named because of ‚the atmosphere‛ in the party. However, the four affected provinces agreed with Mantashe and questioned the motive of those opposing their double roles. Eastern Cape ANC spokesman Mlibo Qoboshiyane defended Masualle’s two hats. ‚As the Eastern Cape, we don’t have any problem with our provincial chairperson playing the dual role (in the party),‛ he said. Qoboshiyane said he did not recall the province having to justify to the ANC leadership why Masualle had to occupy two positions. Masualle refused to comment. Qoboshiyane blamed factional battles in the ANC as the reason for the resurfacing of the matter. ‚I really don’t understand this. The confusion arises when people are grounded in their factional thinking. These chairpersons have been playing a complementary role,‛ he said. However, an ANC Eastern Cape provincial executive leader has fingered Motlanthe as the one who raised the matter recently. ‚We are told that the meeting (where the matter was raised) was highly motivated (sic) by (Motlanthe),‛ he said, speaking on condition of anonymity for fear of reprisals.

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ANC Free State spokesman William Bulwane said he was surprised that the matter was only raised four years after Magashule assumed office. ‚The Free State did apply for permission for Ace Magashule to be the chairperson… four years ago,‛ he said. But a disgruntled anti-magashule Free State official said the province had not made representation justifying its chairman to occupy two positions. ‚He can’t retain the chairmanship of the province when this rule is not observed. The environment in the Free State has always been dictatorial,‛ the official said. He also spoke on condition of anonymity because only authorised party officials were allowed to speak on the matter. A Kwazulu-natal ANC PEC member said Mkhize would not be the chairman and a directly elected NEC member after the Mangaung conference: ‛Double parking… must be done away with.‛ He claimed that there were moves to force Mkhize to relinquish one of his positions. But ANC Kwazulu-natal secretary Sihle Zikalala said it was opportunistic and uncalled for to raise the matter because, in the past, ANC leaders occupied dual roles and there had never been a problem. ‚We have been to Polokwane and that debate has not been raised and it is not new. Why engage them now? The issue has no basis,‛ he said. Zikalala said KZN made representation to the NEC about Mkhize’s dual roles and the ANC accepted their representation. Mkhize, Mabuza and Magashule could not be reached for comment. Another contentious issue raised was the double role of ANC deputy secretarygeneral Thandi Modise, who is now premier of the North West. The constitution states that the deputy secretary-general post is a fulltime position. Mantashe said the move was ‚explained as an intervention to deal with the apparent and imminent crisis‛ in that province, which was allowed in the ANC constitution. 6 May 2012 Sunday Times Page 5 Stephan Hofstatter, Rob Rose and Mzilikazi WaAfrika

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I am not Zuma's man –Mdluli "There is a media campaign and propaganda by those who think I will become national commissioner. Where they get it, I don't know. I will support anyone who becomes national commissioner. I never asked for that job. If it comes, it comes as a bonus." Resignation Asked if he would resign in the interests of all South Africans given the cloud over his head: "There is no cloud over my head. There is a media campaign and propaganda. All this is noise, which I don't have time for. I just want to do my job and make sure the people of South Africa are safe." Zuma's help Asked if Zuma was behind a plot to ensure he kept his job as crime intelligence boss because Zuma wanted him as a political ally in charge of police spooks to help secure a second term: "No. There is no such thing. I am a policeman, serving the government of the day. If another government comes tomorrow, I will be loyal to that government. I am not close to Jacob Zuma or any other politician or political faction. "How can people say I am close to Zuma. I didn't even know him. If you look at my track record as an apartheid-trained policeman, how could I get close to Zuma? I was appointed because of my track record, that's all. "I was arrested and spent 21 days in jail. If I was really a friend of the president, I would have been released there and then. It's just a witch hunt against me." May Day Asked about Zuma attending a celebration with him in December and inviting him to the May Day celebration: "There was never any function in December that I or president Zuma attended. "On May Day, as head of Crime Intelligence, PPU [Presidential Protection Unit] and VIP protection, I attended because I will go to any rally where my attendance is needed. President Zuma never invited me. I never even saw him there!" Zuma's grip on spooks Asked about the perception that Zuma was centralising intelligence functions under the control of a loyal ally by bringing CI, PPU and VIP under Mdluli's command: "That decision was taken while I was under suspension. I was informed about it when I came back on March 31 2012. The president is not involved in operational matters of the police."

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Efforts to thwart the criminal probe into him Asked about stripping the head of the Hawks of delegated powers that the position used to enjoy to apply to judges for phone taps, and the perception this created that it was part of a plot to shelve or compromise the Hawks investigation into him: "The rule book has said for years that the head of crime intelligence must authorise interception. It can be delegated, and was to Dramat [as head of the Hawks], but the new acting national commissioner decided to make things more procedural, because there were too many irregularities in the past with delegated interception rights. "If [the Hawks] feel they need to put me under surveillance for a legitimate reason, they can go to the State Security Agency to request it. It's the same as vetting. If they want to vet me, they must get the SSA to do it, not the police, and vice versa. "People need to respect the constitution of this country. I went through the courts for a fabricated [fraud] case. People were forced to make statements. Senior managers in the police were raided at night and threatened with arrest if they didn't make a statement against me." Murder investigation Asked about the murder investigation: "That case was investigated by the best murder and robbery squad in the East Rand, headed by Colonel Botha. They were objective and couldn't find any evidence." Asked how it was possible there is no case against him when investigators submitted scores of statements against him in the inquest under way: "I really don't know how they got all those statements. "I don't think Col Botha and his team were so stupid that they couldn't find any evidence if there was evidence. "Only the current investigating officer can explain where those statements come from. "If they couldn't bring any evidence against me at my trial, even though they asked for more time and kept me in jail for 21 days, how will they find evidence now?" He insisted that the murder case was part of a smear campaign, but refused to discuss who was behind it. "I can't comment on this because I might still be called as a witness at the inquest," Mdluli said. Nepotism and looting of the crime intelligence slush fund He admitted to having several family members in crime intelligence: "I didn't make them join. There are family members - like any other police officer. "There's nothing wrong with that because I was never involved in their employment process. Some were appointed in 2003 or 2004 - years before I became divisional commissioner.

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"Let them go to HR and pull their files and you will see I had nothing to do with their appointment." Asked if he looted the secret services account to fly to China on a private trip with his ex-wife at taxpayers' expense, as alleged in the leaked Hankel report, Mdluli said: "The inspector-general and auditor-general are investigating these matters and will report to the relevant authorities with regard to their findings." By this he means to the Joint Standing Committee on Intelligence, which will make a recommendation to the minister of police, who will then decide on the appropriate course of action. "All I can say is there was no wrongdoing in this matter on my part." Asked about a new R40-million secret fund that he is accused of looting: "It's nonsense. Lies. There is no such thing. I spoke to the auditor-general about it today to say they must investigate this thing because I want to clear my name. I know they won't find anything." 7 May 2012 Business Day Page 1 Amanda Visser

Nombembe rings alarm at SA’s ‘dire’ situation IN A scathing rebuke, auditor-general Terence Nombembe has criticised the government and public servants over the "dire" situation that has seen a weakening of the pillars of governance protecting South Africa’s democracy. He also expressed grave concern about the vulnerability of his office because of the growing lack of response from the government to his serious warnings about this deterioration. Mr Nombembe said the management of supply chains, service delivery and human resources, the security of government information and the accuracy of government reports were deteriorating. "Things are serious, and they are even more serious than we thought they are. They are more serious because the people that are employed by the government to do the work are least prepared and equipped to do it. The situation is dire," he said at the opening of Deloitte’s new building in Pretoria on Thursday last week. "We are equally vulnerable as those countries where the auditor-general has limited scope to do its work because what we are saying is not being taken seriously, not by the government, not by ourselves and those who need to do something about it."

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Mr Nombembe said his office would release the audit results for local municipalities soon, and expressed his dismay at them. The people voted into power were slow in taking responsibility for what they had been voted into power for, he said. "The accountability for the results is not taken as seriously as it should be. Bad results are regarded as a norm and when people get a disclaimer or qualified reports, little happens to them to show that this is unacceptable. That is the culture that we need to be concerned about," he said. Prof Ivor Chipkin, executive director at the Public Affairs Research Institute, said we were seeing "the emergence of a perfect storm". "The organisational legacy of the apartheid period, compounded by policy choices in the 1990s, unwittingly weakened administrations that were working," he said. "It gave high levels of autonomy to a politicised senior management and a ruling party not worried that there will be electoral consequences for poor performance." Neren Rau, CEO of the South African Chamber of Commerce and Industry, said everybody should be taking the warnings by the key monitoring arm of government very seriously. Rigorous structures had been put in place, yet they were ineffective. "The leadership is struggling to keep pace with the problems. They are too much and are accumulating too quickly. Some of the problems have long ago surpassed the solutions offered." Previous reports by the Treasury and the auditor-general had clearly identified the problems, yet there was no improvement in the management. Sixty-six of the 278 municipalities in South Africa were identified as being in financial distress as of June last year — about the same number as in 2009-10, with 37 more on the borderline. Mr Nombembe referred to the adoption of a resolution in December by the United Nations in New York that recognised the independence of auditors-general. "It may sound like a small matter, but if you understand the kind of exploitation, vulnerability and need that auditors-general have for this small thing called independence, you will understand why this resolution is important." History showed that sanity seldom prevailed when an auditor-general’s autonomy and leverage to do their work had been suppressed. "I see things that are worrying and I see things that require response ... Every leader in this country has heard this message." 8 may 2012 Business Day Page 9 Palesa Morudu

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Who will be the face of change at Mangaung? Last week I attended an "economic freedom" lecture by African National Congress (ANC) Youth League deputy president Ronald Lamola, at the University of Cape Town — both to observe what was said and to take stock of this game of thrones. Those campaigning against a second term for President Jacob Zuma are marshalling their forces in a changing landscape. By the time it met at Gallagher Estate last winter for its national conference, the league had become the only formation consciously organising masses of young people. It was doing so by advancing a populist programme. For a while, Zuma used this to his benefit. But because the league wouldn’t dance to the boss’s tune, the ANC moved to expel president Julius Malema and to punish his chief lieutenants. With the league somewhat weaker and its chief campaigner for "economic freedom" out of the way, the Cape Town gathering was a platform for Lamola to strut his stuff and assess the state of the league. He addressed a vocal crowd of about 250 young people. He chose his words carefully, particularly on the delicate subject of who was in charge. Malema might no longer be president, but he was very much present. The event was organised by the league’s Dullah Omar region, which includes greater Cape Town, and had the support of the ANC’s regional leadership, according to Xolani Sotashe, the chairman of ANC Dullah Omar. In the year of an elective ANC conference, ANC regions are critical in the hierarchy of power in the party because of their closeness to branch activists. Crucially, many ANC branches are sustained primarily by league members. This was no ordinary public meeting. While a handful of Democratic Alliance Students Organisation members were in attendance, it was overwhelmingly an activist gathering of league and South African Student Congress (Sasco) members. These students and youth activists linked "economic freedom" and "free education for all" in what looks like a Sasco coalition with the league to support the "change agenda" at Mangaung in December. In their display of unity, Sasco and the league launched a colourful attack on South African Communist Party (SACP) general secretary Blade Nzimande, saying his dominant SACP faction has sold out the class struggle. They accused him of being a "king of conspiracies", who has "forgotten about institutional autonomy" and has now become "commodified by white monopoly capital". They planned to march together for "free education for all" to Nzimande’s offices in Pretoria. The march happened last Friday, signalling that Nzimande may have lost a second key constituency in Sasco. This is in the light of the league having declared war on the SACP’s weight within the tripartite alliance at its congress. It claimed to be the only custodian of South Africa’s democratic revolution, which upsets those who consider the SACP to represent the "left".

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Lamola appears to be a more sophisticated version of Malema. He was introduced as a Sasco "graduate", meaning he can appeal to the "intellectually" inclined youth. The "struggle for economic freedom" was based on the need to overcome "four poverty traps" affecting the youth: inequality, poverty, violence and unemployment. He mocked those who accuse the league of being an uneducated bunch. He defended Congress of South African Trade Unions general secretary Zwelinzima Vavi against Western Cape Premier Helen Zille, who accused Vavi of being power hungry. Lamola referred to Vavi as a "modern-day Chris Hani", saying "it is the responsibility of the youth league to defend comrade Vavi against white monopoly capital". With Malema out, the change agenda has not yet found its public face. There are several things to watch now, including the growing split between the Nzimande-Jeremy Cronin SACP faction and a range of the party’s members within Cosatu’s leadership; the direction of the league’s leadership; and the manoeuvring in the ANC’s national executive committee. And, of course, the exceptionally dangerous mobilisation of the police and spying apparatus on behalf of the incumbent. 8 may 2012 Business Day Page 4 Wyndham Hartley

More drinking water meets global standard — report The quality of drinking water in South Africa has improved significantly in the past year, with a "blue drop" score nationally of 87,6% — 15 percentage points higher than the national score for last year. The blue drop report, released on Monday by Water Affairs Minister Edna Molewa , measures the quality of drinking water against an international water quality measure known as SANS 241. But in sharp contrast to the improved national score, the department has red-flagged 14 municipalities of largely smaller rural towns where the tap water is unsafe to drink and should be boiled before being consumed. The 14 towns are in seven of the nine provinces. The report says that in the past year 153 municipalities and 931 water systems were audited, with 1,9-million water samples taken. The national blue drop score improved from 72,9% of the SANS 241 standard in 2010-11 to 87,6% in 2011-12. The number of blue drop awards rose from 66 to 98. This is compared to the blue drop score for the

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country in 2009, when only 51,4% of the international standard was achieved. The report shows that Gauteng has the best water in the country, achieving a score of 98,1%, with the Western Cape running a close second at 94,2%. The worst-performing provinces were Mpumalanga at 60,9%, Northern Cape at 68,2% and the Free State at 73,6%. "An interesting point to observe would be that even though provinces such as Mpumalanga and Northern Cape would record (microbiological) compliance figures much higher than the Eastern Cape, their blue drop performances are lower than the latter," the report says. "This can be ascribed to the finding that the blue drop programmes set requirements for risk management, which stipulate that monitoring programmes must be risk-informed. It can therefore be accepted that most Eastern Cape municipal drinking water programmes are more aligned to the risk-based models as set by the national regulatory programme," it says. It explains further that water safety planning is a fundamental component of the Blue Drop Certification Programme and "this implies that water supply systems without risk-management programmes, as prescribed by water planning principles, will not qualify for recognition from this incentive-based initiative". The report says that significant progress can be reported on this by the World Health Organisation programme. The top-performing municipality was Ekurhuleni, with a blue drop score of 98,95%, followed by Johannesburg at 98,92%. EThekwini (Durban) was the top-placed municipality not in Gauteng, at 98,77%, with the Tlokwe municipality in North West and Cape Town also achieving scores of more than 98%. "Assessments are conducted by a panel consisting of a qualified water quality professional as lead inspector (and) two to four inspectors," the report says. The report further shows that the blue drop programme was aimed at ensuring and safeguarding tap water quality and management because it was a "fact that the livelihood of mankind depends on the availability of clean drinking water".

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7 May 2012 The New Age Gugu Myeni

Malema remains president: ANCYL Julius Malema will remain the ANC Youth League president, the league’s National Executive Committee said at a media briefing at the ruling party’s headquarters, Luthuli House on Monday. Deputy Secretary general, Kenetswe Mosenogi told media that the youth league would challenge the mother body's decision to expel Julius Malema and suspend secretary general Sindiso Magaqa and spokesperson Floyd Shivambu. ‚The NEC resolved to disagree with the ruling of the NDCA, we will continue to challenge the outcomes internally in the ANC until the national conference in December,‛ Mosenogi said. Deputy President of the ANCYL Ronald Lamola called for a ‚political intervention‛ by the ANC. ‚We believe the ANC can come to a different conclusion from that of the NDCA, these members are absent because of the NDCA’s decision‛, he said. ‚Up until this decision has been concluded by the National Congress of the ANC, Julius Malema remains president of the youth league, Sindiso Magaqa remains the secretary general and Floyd Shivambu as spokesperson,‛ Lamola said. The ANC’s National Disciplinary Committee of Appeals upheld the decision of the National disciplinary Committee last month to revoke Malema's membership from the party and expel him from the youth league presidency. Sindiso Magaqa was given a year’s suspension while Floyd Shivambu was suspended for 3 years. Lamola further called the suspension of secretary general Sindiso Magaqa, ‚irregular‛. ‚We find it grossly irregular that the secretary general found himself with a suspension after he complied with the directorate of the NDC,‛ Lamola said. The NEC of the ANCYL held a conference on the weekend to discuss the decisions made by the ANC, among other things. The Gauteng Freeway Improvement Project, e-toll, was also on the Youth Leagues agenda, who say they support trade Union Cosatu in their call to scrap the much protested Gauteng tolling system.

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"These will undoubtedly increase the burden on the poor and the youth in particular," deputy secretary general Kenetswe Mosenogi said. "Government should source alternative funding that does not further burden the taxpayer and simultaneously continue with rollout for a safe and reliable public transport," she said. 6 May 2012 The Zimbabwe Independent Page 1 Moffet Mofokeng and George Matlala

Malema rival booted out in a bitter youth league coup THE ANC Youth League has fired its treasurer-general Pule Mabe, paving the way for Julius Malema’s allies to regain control of the organisation as the power struggle rages on. Mabe, a Malema nemesis, was axed for allegedly mismanaging the league’s resources and behaving in a factional manner. Four youth league national executive committee (NEC) members confirmed to The Sunday Independent last night that Mabe had been fired and would be replaced at the league’s national general council (NGC), to be held on a date yet to be determined. This means the defiant league is likely to push the ANC to reinstate Malema against the wishes of President Jacob Zuma and his allies in the ruling party. The youth league NEC, a senior structure, also took a resolution not to replace the expelled Malema and secretary-general Sindiso Magaqa. Mabe’s faction had wanted the two to be ousted. However, Mabe disputed his removal. He told The Sunday Independent that it was a wrongful and unconstitutional move. He said he was contesting the action. ‚I am in the meeting. We are dealing with this attempted wrongful removal. Provinces don’t vote on such matters. They want to bring a foreign tendency to balance numbers,‛ he said. A Mabe ally also said the Malema faction used illegitimate members and illegal processes to oust the league’s treasurer-general. It is unclear whether Mabe has enough support to challenge the coup. League spokeswoman Magdelene Moonsamy could not be reached for comment. But a youth league NEC member, loyal to Malema, said ‚a vote of no confidence was adopted unanimously by the NEC to remove the treasurer-general‛. ‚As we speak right now, he is a former treasurer-general. We are not proud of it but it had to be done,‛ the NEC member said.

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Another youth league NEC member said: ‚He (Mabe) has been (mismanaging) the organisation’s money. He has not been funding the programmes of the organisation.‛ Mabe has for some time now been touted as a replacement for Malema, who was expelled from the ANC after he was found guilty of bringing the party into disrepute and sowing division within its ranks. This is the third attempt to remove Mabe, who is also seen as close to the Zuma camp battling for power in the ANC succession fights. Therefore his removal is likely to be viewed as Malema still wielding power outside the organisation’s formal structures. HE RELEASE of the Corruption Watch report on corruption within the Johannesburg Metropolitan Police Department gives rise to a need to draw parallels between SA and other African countries on how they addressed corruption after emancipation. Ayi Kwei Armah’s The Beautyful Ones Are Not Yet Born depicts a protagonist known as ‚the man‛ who refuses to indulge in corruption in Ghana. Everyone else around him had succumbed to greed and rot following the overthrow of Kwame Nkrumah, Ghana’s first president. The protagonist (the man) strives to remain focused, clean and innocent in a country characterised by gluttony, rot or corruption. Corruption and greed are the central themes of Armah’s book. This cancer was eating away the fibre of Ghanaian society between 1965’s Passion Week and February 25, 1966. Accordingly, the man was trying to deconstruct and comprehend the reality of post-independence in his country owing to the debilitating sway corruption had on Ghana. The novel highlights the frustration many societies have had to contend with in Africa after achieving political independence. The two fundamental questions that need to be posed and honestly responded to are: is SA’S contemporary state a carbon copy of The Beautyful Ones Are Not Yet Born? How far apart is SA’S anatomy from Armah’s novel? The notion of corruption could be open to different interpretation. TIt could be (mis)read as a trope for a society that legitimises sheer public robbery. Such an idea is tellingly expressed by the current state of SA society. The elephant in the room is venality, instant gratification and conspicuous consumption. It creates a possibility for helplessness, vulnerability and hopelessness. In such an environment, indecorous demeanour defines the nature, seriousness, emptiness and warped missive directed at reasonable people. Corruption flouts openness, accountability, responsibility and governance. Corruption, at its wickedest, provides an epic moment of group morality and group think devoid of integrity and sincerity. It is a touchstone of venality, vice and has become a byword for deception. On a more prosaic note, corruption could trigger political and economic volatility. Corruption has robbed us of a cardinal element of legitimacy. It can lead to widespread social unrest and discourage foreign direct investment. Menacingly, it facilitates the pilfering of financial resources from the downtrodden into the pockets of the

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political leadership. It is lamentable that infrastructure from the erstwhile homeland system was not reconfigured to address the challenges of the democratic moment. Revealingly, the system of separate development characterised by the homeland system was in keeping with sustaining the divisive apartheid juggernaut. There were belongings that deserved to be done away with. Other programmes could have been refocused or remodelled in sync with the central challenges of the moment. An objective observation (in the post-apartheid system) of the degradation and dilapidation of former capital cities such as Mmabatho, Bisho, Umtata, Giyani, Thohoyandou, Lebowakgomo and Kangwane, among others, leaves a lump in the throat. For instance, Paul Maylam contends that the ‚stress on the discontinuity between the segregation era and apartheid is part of the South African liberal mythology‛. In the current context, Mamphela Ramphele pointed out at the launch of Round 2 of the Open Society Monitoring Index that ‚many of the contracts were secured by companies experienced in the art of lubricating tender processes‛. This is one of the pervasive public corruptions. Compounding that, corruption has become a magnet for quick-rich schemes for entrepreneurs, thus becoming an acceptable part of the SA liberal mythology. SA may soon gain notoriety as a Mafia state where corruption has been institutionalised. Taken further, the Arab Spring that played itself out in Tunisia, Egypt and Libya may even gravitate to SA. That would be the mark of SA’S folklore. That would be the bane of corruption on the soul and reputation of the country. It militates against the national economic interest to remove binding constraints on sustainable socioeconomic development. The phenomenon of corruption does not create a possibility to improve policy certainty and predictability. It is by far one of the institutional hurdles in socio-economic transformation. The release of the Corruption Watch report on corruption within the Johannesburg Metropolitan Police Department is a living testimony to the corrosive effect. Unsurprisingly, the rating agency Standard and Poor’s has cut SA’S outlook from stable to negative. On the positive is an active, knowledgeable and engaging citizenship call for ethical and responsible leadership for the sustenance of constitutional democracy. The orientation, consciousness and paradigm of thinking of citizens determine the altitude or legitimacy of human development at the centre of societal discourse. Misguided populism and vague notions of liberation will not help in the realisation of the material conditions and maturity of political economy and business. These are some of the issues that Michela Wrong warned about in her profound magnum opus It’s Our Turn to Eat: The Story of a Kenyan Whistle-blower. John Githongo’s determination to root out corruption in Kenya without warming up to ethnic affinity helped to restore decorum and the integrity of the government’s commitment to good governance.

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Further, the Presidential Infrastructure Co-ordinating Commission intends, through the government’s recently adopted infrastructure plan, to transform the economic landscape of SA and strengthen the delivery of basic services to the people. The realisation of projected economic growth and areas of the country based on the myriad Strategic Integrated Projects offer policy makers, organised labour and business leaders the fulcrum to increased integration into the world economy. This, for instance, supports the 2011-2012 The Global Competitiveness Report’s recognition of the qualitative as well as the quantitative aspects of growth, integrating such concepts as inclusiveness and environmental sustainability to provide a fuller picture of what is needed and what works. In essence, this provides primary thoughts on how to understand and measure value through investor confidence by defining sustainable competitiveness in socio-economic, geo-political, social and environmental terms. These constitute the job drivers and enablers that could create a circle for inclusiveness, competitiveness and improved economic growth. It is about contributing towards the founding of a national consensus through the integration, co-ordination and alignment of sectoral strategies against corruption. Hillary Rodham Clinton, US Secretary of State, remarked at Transparency International-usa’s Annual Integrity Award Dinner on March 22 that there are many dedicated people who serve by waking up every single morning trying to figure out what more we can do to reduce corruption, to create transparency, accountability, and better governance. She added that these people never receive awards and their names are not likely to be known. But they are fighting the fight day in and day out. Undoubtedly, Clinton’s reflection on the people’s fight is the personification of The Beautyful Ones Are Not Yet Born’s protagonist (the man) who strives to remain attentive, unsoiled and guiltless in a country characterised by voraciousness, rot or corruption. It is by far not a representation of the icon of purity and cleanliness. Money-making, modernity and plenitude of material goods must not merely amount to whimsical fantasising of future possibilities. The central lessons for SA’S experience is that it is about time we get our priorities right. This is proceeding from the premise that we must get back to basics in the improvement of the human condition and development. It is principally about contributing towards the establishment of a national consensus through the alignment of sectoral orientations or strategies against corruption. This will have to include strategic orientation for the separation between state and party, thus ushering in active, knowledgeable and engaging citizenship. That is crucial to a society’s welfare and soundness. That is, we need to avoid the collective underestimation of the critical work needed to cure the socio-political schizophrenia that blights the competitiveness and growth of the country. We all are integral parts of a bigger stake in society and inextricably linked to the South African liberal mythology. We must not be caught eating forbidden fruits or securing our livelihoods by ‚lubricating tender processes‛. This will usher in a new possibility of experience where greediness and putrefaction are left far behind and tranquillity or innocence is the watchword.

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Ultimately, corruption shall not become a timeless phenomenon. 6 May 2012 The Sunday Independent Page 6 & 7 Marianne Merten, George Matlala, Moffet Mofokeng, Nathi Olifant, Gcina Ntsaluba, Piet Rampedi and Baldwin Ndaba

Potholes to Mangaung President Jacob Zuma would get his second term if the ANC held its national conference tomorrow, but it would have been a fraught and tensely fought return to the party’s highest office. However, a week – in this case eight months – is a long time in politics. Political allegiance and friendship can change dramatically. Officially, there is no succession battle, nor are there any discussions on, nor lobbying for, candidates until October when nominations open – there is only ‚leadership evaluation‛. However, the ANC’s rose-coloured rhetoric belies what is taking place in its regions across the country. From Capricorn to Lejweleputswa, Bophirima to the West Coast, a complex contest is unfolding. It is drawing on local power and influence, including a potentially explosive mix of political office, or grievances over having lost council or provincial government positions, to offers of financial gain and, in some cases, violence. Thus it is too simplistic to say that provincial membership strengths translate into delegates’ votes at the Mangaung national conference. Similarly, it is too simplistic to say that depending on the persuasion of an ANC chairman, the province’s delegates would fall in line. The picture at grassroots is more nuanced and, at previous conferences, delegates representing branches within regions have shown their independent mindedness in the secret ballot. While KwaZulu-Natal has worked hard to successfully sideline anti-Zuma voices in its ranks, it does not mean support in the largest ANC province, or about 24 percent of delegates, will bring victory at Mangaung. The fight is region by region, but it’s an underground battle, with all the related dirty tricks and smear campaigns. There was a clearly defined Zuma versus Thabo Mbeki battle in the run-up to the 2007 Polokwane national conference, with Cosatu, the South African Communist Party and the ANC Youth League throwing their support behind Zuma.

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Today there is no face for the anti-Zuma campaign – certainly not after the expulsion of Julius Malema, the youth league leader who publicly called for leadership change at Mangaung. Much touted as a contender, Deputy President Kgalema Motlanthe has publicly neither denied nor confirmed a possible run. Saddam Masupha, from Gwa-Masenga branch in Vhembe, Limpopo, said while he would take a mandate from his branch, he would vote for Zuma in Mangaung if things were to go his way. ‚Kgalema is not clear whether he is standing or not. He is not telling us whether he is available or not, and that is the problem. I do not even know who or which branches support him. I have seen Zuma’s line-up and it is powerful,‛ said the unemployed 35-year-old. While liking Zuma because he was accessible and made it possible for him to report corruption on the Presidential Anti-Corruption Hotline, Masupha said, he knew very little about Motlanthe’s campaign. Without a face, the anti-Zuma campaign is condemned to backrooms, with only occasional public displays of sentiment – the raising of a hand over one’s head with fingers pointing downwards to symbolise a showerhead, the gesture disparaging of Zuma as the man who gives trouble. A factor that will evolve over time is that of the ‚Friends of Julius Malema‛, established to provide him with a public platform outside the ANC in a replay of the support garnered around Zuma and his court battles in the two years ahead of the Polokwane conference. But anything not in the open holds the potential for manipulation. The ANC is aware of this: it has admitted, and condemned, vote-buying and lobbying for candidates as ‚un-ANC‛. More recently, ANC secretary-general Gwede Mantashe insisted branches must be allowed to think ‚and not be given a list of slates developed by a narrow, well-resourced circle in the ANC‛ and the frequent admission, and condemnation, of money for votes and un-ANC-like lobbying for support, dating back to the party’s national general council in September 2010. While its organisational renewal proposals on banning the financial backing of candidates, even funding T-shirts, and the vetting of candidates by the integrity commission could be adopted at Mangaung, they would only govern future behaviour. Meanwhile, it remains the task of senior leaders to speak out. As did Motlanthe at the December ANC Limpopo conference, where he condemned slates, or candidate lists, as the ‚worst form of corruption of the spirit, character and vision‛. ‚Stealing away the voice of members through slates, buying of votes and treating the ordinary membership as voting fodder therefore serves no other purpose than to corrupt the organisation,‛ he said, warning against purging those from the losing slate regardless of whether they have skills and capacity to contribute to work or the party.

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However, soon afterwards Limpopo premier Cassel Mathale, at the start of his second term as ANC chairman, reshuffled his cabinet and excluded three people perceived to have been on the other side, and demoted a fourth. Word is that Mpumalanga premier David Mabuza, the pro-Zuma politician also recently re-elected for a second term, will do the same to shore up his support. The far-reaching manipulation of who’s in and out crosses the lines of state and party: Gert Sibande mayor Khotso Motloung, a Mpumalanga youth league leader and vocal in the call for leadership change, was given his marching orders. The signals from those in party and state power are clear to those in branches, whom the ANC calls its backbone. And why should what worked in the run-up to Polokwane – swelling the ranks of ANC branches to ensure Zuma was nominated, the involvement of state structures and political plots and ploys – work now? The intelligence services are again accused of becoming politically involved amid claims they are being asked to watch politicians. What is playing out around intelligence boss Richard Mdluli, the drafter of the KwaZulu-Natal ground zero plot against Zuma who remains accused of abusing the police’s slush funds, is unsettling. And sometimes political tensions lead to blows – or worse. Luthuli House has dispatched a task team to manage tensions in the Free State where pressure is mounting on Zuma ally Ace Magashule, who maintains tight control of Motheo. Centred on the provincial capital Bloemfontein, it brings numbers and influence together and Magashule supporters hold all top five positions with four incumbents also in government jobs. Some ANC regional leaders in the Free State, as in other provinces, have linked their political survival to that of Zuma’s, transcending provincial dynamics. Polediso Motsoeneng, secretary of the disbanded Thabo Mofutsanyana region and a known Magashule enemy, said he would support Zuma anyway. ‚We support Zuma, we have a problem with Ace (Magashule). He is doing things in the name of the president, and he will never succeed,‛ he said. In the Eastern Cape the political weathervane swings from region to region. And Zuma has visited often in the past six months, so much so that there are now claims that his education foundation is being deployed. Opposition is split between those in favour of Motlanthe and the third way, Human Settlements Minister Tokyo Sexwale. The regional conferences, such as OR Tambo around Mthatha, not only hold numbers but influence, despite divisions, and have previously backed Zuma.

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Gauteng is known to play its cards close to its chest and to bring its divisions to national conferences. In the run-up to the 2007 Polokwane conference, the province indicated support for a third way but the branch delegates overwhelmingly voted for Zuma. Much sympathy remains for provincial ANC chairman Paul Mashatile, who despite being linked to the anti-Zuma camp, has trod a diplomatic and politically sussed line. What is clear is that ANC regions, not necessarily provinces, are setting the road map for Mangaung. And as of today, Zuma has enough support in enough regions to make it back into office. However, there are still seven months to go on the road to Mangaung – and a verification of branches by Luthuli House – and the journey remains open to manipulation. Gauteng ANC provincial chairman Paul Mashatile, the arts and culture minister, wields considerable power in the province and was bruised when Zuma did not appoint him Gauteng premier in 2009. This sore point lingers among rank and file supporters. Mashatile’s supporters, largely associated with a call for change, but quietly and diplomatically, are in charge of three of Gauteng’s five regions – Johannesburg, the most influential, Tshwane, the biggest, and Ekurhuleni. ‚My suspicion is that we might keep them both – the president and his deputy – and change the rest. ‚We might lock those two in those positions in the interest of the party and be open-minded about the other positions,‛ a provincial executive committee member said. ‚We are trying to go to conference united.‛ A government official who is close to Mashatile said: ‚Gauteng has never been to a conference as a united force. Gauteng has never really voted as a block.‛ At the 2007 Polokwane national conference, branches voted overwhelmingly for Zuma despite different notions among the provincial leadership. The divisions in the regions are to a large extent over local politics. In 2010, factionalism and infighting was so rife, Johannesburg and Ekurhuleni were disbanded. In Tshwane, two conferences took place last year: the parallel conference of those opposed to the election of mayor Sputla Ramokgopa as regional chairman led to subsequent disciplinary actions. In the West Rand, the region which Gauteng premier Nomvula Mokonyane hails from, Humphrey Mmemezi, the deputy provincial secretary, swayed the vote in favour of Mashatile.

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Mmemezi was then appointed an MEC in Mokonyane’s executive in a reshuffle that was forced on her. In Sedibeng, there could be a serious contest for the position of chairman. Simon Mofokeng, the current regional chairman and mayor of the district municipality, will face opposition at the upcoming regional conference this month from Mosotho Petlane, the regional secretary. – Moffet Mofokeng Western Cape In the only province where the ANC is the opposition, the focus often falls on its role in local government – positions there and fighting the ruling DA – rather than party matters. And this muddies the picture, with observers saying it was a challenge to negotiate intra-ANC battles playing out in the council, province and society. In the largest and most influential region, Dullah Omar, Cape Town, around a third of the 105 branches are not in good standing, according to insiders from the region.While much is linked to dysfunctional membership renewal – there is a push for members to take out five-year membership – personalities also play a role. The ANC lost its Nyanga council seat in a recent by-election after the two unsuccessful candidates reportedly turned against the candidate selected through branch meetings. In the Overberg, the problem with branches is centred around Swellendam, where the ANC and DA are neck-and-neck, and the ACDP now a free agent. Work was under way to rehabilitate branches, according to the local ANC, but it was difficult as the tensions at council level, and personalities, play themselves out among members. The West Coast regional structure was disbanded in March amid claims of factional fighting, officially denied, and too many branches not in good standing. However, branches are being re-established ahead of regional elections later this month, according to the regional convener, despite the dominance of personalities which stalled effective ANC work and liaison with councils. The exception is Central Karoo, around Beaufort West, where 14 of its 15 branches are up and running following the recently completed realignment with new municipal boundaries, according to the regional secretary. While the ANC Western Cape elected new leaders in 2011, the historic factional fights remain those backing former provincial secretary Mcebisi Skwatsha and those rallying behind former rival, now chairman, Marius Fransman, the deputy international relations minister.

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Insiders say if regions like West Coast, Boland and Dullah Omar, linked to the so-called Skwatsha group, hold sway, the province swings in favour of President Jacob Zuma, in a replay of the run-up to the 2007 Polokwane conference. However, Deputy President Kalema Motlanthe is popular across regions. The current provincial secretary, former youth leaguer Songezo Mjongile, is accused of pushing for leadership change. Mjongile has dismissed such claims, saying all ANC leaders from Zuma and Motlanthe to Gwede Mantashe have been invited to the province. ‚The only aim was to renew ANC structures and to win the province in 2014, he said: ‚We discuss politics – that’s the culture I’m bringing back‛. With 43 000 members, it’s doubtful the province will make an impact. – Marianne Merten Mpumalanga In the only province where the ANC is the opposition, the focus often falls on its role in local government – positions there and fighting the ruling DA – rather than party matters. And this muddies the picture, with observers saying it was a challenge to negotiate intra-ANC battles playing out in the council, province and society. In the largest and most influential region, Dullah Omar, Cape Town, around a third of the 105 branches are not in good standing, according to insiders from the region.While much is linked to dysfunctional membership renewal – there is a push for members to take out five-year membership – personalities also play a role. The ANC lost its Nyanga council seat in a recent by-election after the two unsuccessful candidates reportedly turned against the candidate selected through branch meetings. In the Overberg, the problem with branches is centred around Swellendam, where the ANC and DA are neck-and-neck, and the ACDP now a free agent. Work was under way to rehabilitate branches, according to the local ANC, but it was difficult as the tensions at council level, and personalities, play themselves out among members. The West Coast regional structure was disbanded in March amid claims of factional fighting, officially denied, and too many branches not in good standing. However, branches are being re-established ahead of regional elections later this month, according to the regional convener, despite the dominance of personalities which stalled effective ANC work and liaison with councils. The exception is Central Karoo, around Beaufort West, where 14 of its 15 branches are up and running following the recently completed

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realignment with new municipal boundaries, according to the regional secretary. While the ANC Western Cape elected new leaders in 2011, the historic factional fights remain those backing former provincial secretary Mcebisi Skwatsha and those rallying behind former rival, now chairman, Marius Fransman, the deputy international relations minister. Insiders say if regions like West Coast, Boland and Dullah Omar, linked to the so-called Skwatsha group, hold sway, the province swings in favour of President Jacob Zuma, in a replay of the run-up to the 2007 Polokwane conference. However, Deputy President Kalema Motlanthe is popular across regions. The current provincial secretary, former youth leaguer Songezo Mjongile, is accused of pushing for leadership change. Mjongile has dismissed such claims, saying all ANC leaders from Zuma and Motlanthe to Gwede Mantashe have been invited to the province. ‚The only aim was to renew ANC structures and to win the province in 2014, he said: ‚We discuss politics – that’s the culture I’m bringing back‛. With 43 000 members, it’s doubtful the province will make an impact. – Marianne Merten KZN The ANC Youth League in KwaZulu-Natal has remained a vocal proponent of President Jacob Zuma’s second-term ambitions. ‚KZN is unashamedly and conspicuously supporting Zuma for a second term,‛ said a prominent youth leader. ANC insiders aligned to the youth league said they had to lobby and make compromises with the party and the Left to ensure the province presented a united front ahead of Mangaung. Jointly, they have dealt decisively and diplomatically with dissenting voices, which arose particularly in Harry Gwala region – home turf of ANCYL secretary-general Sindiso Magaqa, now suspended. As part and parcel of the political deal-making, those who want to see incumbent chairman and premier Zweli Mkhize go at next week’s elective conference have been alienated at branch level within the province’s 11 regions, paving the way for an overwhelming, if not a guaranteed total, pro-Zuma approach. While those who are against Mkhize retaining the chairmanship were alienated within the regions at branch level, the disbanded pro-Zuma youth leaguers have pushed for its people in key positions and more than a dozen of them are either chairmen, secretaries or treasurers in 11 regions.

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Former chairman of the disbanded youth league and MPL Mthandeni Dlungwane is now deputy chairman in Pietermaritzburg Moses Mabhida region. Health MEC Sibongiseni Dhlomo’s election as chairman of eThekwini, the largest region with more than 90 000 of KZN’s 244 000 members, is a boost for Mkhize – and thus Zuma, as the two have made up after last year’s fall-out. Provincial ANC secretary Sihle Zikalala has been quick to point out that KwaZulu-Natal will not go to Bloemfontein to dictate the agenda ‚just because we happen to be the biggest province and will have the biggest number of voting delegates‛. However, the ground work has been done to guarantee a swell of support for Zuma in the ANC’s biggest province. – Nathi Olifant Eastern Cape Three of the ANC regions in the Eastern Cape have shown their pro-change inclinations, electing anti-Zuma regional leaders. Later this month OR Tambo region will see a vote off for chairman between the Zuma backer mayoral committee member William Ngozi and Mhlontlo mayor Thandekile Sabisa, who is seeking a second term on the ticket of leadership change, with Deputy President Kgalema Motlanthe heading the opposition slate as president. The region, around Mthatha, is key: despite its divisions, it has a history of independent mindedness. In Amathole, a tricky region around Butterworth, which was disbanded in 2008 after Mluleki George joined Cope, the push for leadership change in favour of Motlanthe is under way. The main battle is between Young Communist League provincial chairman Sithembele Zuka and ANC youth league member Thembalethu Ntuthu for the position of regional secretary. It highlights the complex mix in this province where the South African Communist Party (SACP), Cosatu and the ANC leagues have brought their influence to bear. Last month the Nelson Mandela Bay region re-elected former mayor Nceba Faku, who has pushed for a third way in favour of Human Settlements Minister Tokyo Sexwale and has enjoyed the active support of the provincial youth league and uMkhonto we Sizwe Veterans League. Faku won even after representatives of 40 of the 185 branches pulled out of the regional conference, claiming other branches supporting Cosatu-backed Zanoxolo Wayile were unjustly disqualified ahead of conference. Earlier this year, Alfred Nzo region, a largely rural area around Mount Ayliff, voted in Sandile Sello, the Matatiele municipality finance committee head, over the pro-Zuma SACP candidate. In the newly established Buffalo City (East London) region the vote went in favour of Zukiswa Faku, the former mayor, as chairwoman in a show of anti-Zuma sentiments.

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Bucking the trend was Chris Hani region, with its pro-Zuma regional executive under Chris Hani District Municipality executive mayor Mxolisi Koyo. With 225 000 members, the province is the second-largest, but its membership clearly is divided, even in opposition to Zuma, leaving fertile ground for the incumbent to make gains. – Gcina Ntsaluba Free State For the first time, Ace Magashule – the longest-serving ANC provincial chairman – is facing what seems to be a fierce challenge to his hold on power. Magashule and his allies have captured the biggest region in the province and skilfully linked his survival to that of President Jacob Zuma, arguing both had to be given a second chance. But the flames of discontent have been billowing from the province, where violent incidents flared up during the branch nomination processes in the run-up to the provincial conference, to be held in June. He is facing a strong challenge from his former allies – Sibongile Besani, the party’s provincial secretary, and Mxolisi Dukwana, the provincial treasurer. The duo represents a campaign bluntly named ‚Regime Change‛. Their support bases are in Thabo Mofutsanyana – the second-biggest region – and Lejweleputswa. Opposition against Magashule in these two regions is relatively palpable. Interestingly, Magashule disbanded both regions last year in what was widely seen as a purge. But Magashule has a tight grip on Motheo, the biggest region, which includes the capital Bloemfontein and home of the Mangaung municipality. Motheo mayor Thabo Manyoni, who is also the ANC regional chairman, said attempts to unseat Magashule would not succeed. Manyoni, who is also the ANC’s provincial deputy chairman, said Magashule deserved another term as party leader and premier. ‚It is going to be smooth sailing for those supporting the Magashule campaign. Let him return his chairmanship so that he can finish his term as premier,‛ he said. But Magashule’s rivals have captured the province’s second-biggest region, Thabo Mofutsanyana, which is controlled by Polediso ‚Dihelele‛ Motsoeneng, a known Magashule enemy. Motsoeneng said his camp wanted Magashule removed, but supported Zuma. ‚We support Zuma, we have a problem with Ace. He is doing things in the name of the president, and he will never succeed,‛ he said. But Magashule also has tight control of Xhariep, the smallest region. Magashule is hoping that support from Motheo, Xhariep and some parts of Thabo Mofutsanyana, Lejweleputswa and Fezile Dabi will help him win the conference. He appears to have the upper hand, albeit not as strong as in the past, over his enemies. – George Matlala Limpopo If Deputy President Kgalema Motlanthe were to contest Limpopo province tomorrow, he would definitely win three of the five regions. This is if the so-called anti-Zuma camp that re-elected premier Cassel Mathale automatically supports Motlanthe.

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Their regional allies are in firm control of Sekhukhune and Mopani – the two biggest and most influential ANC regions in the province – and won Capricorn three years ago with a small margin. A sizeable number of branches in Capricorn did not support Mathale during branch nominations. With 131 branches and 38 000 members, Sekhukhune is the province’s traditional kingmaker, due to its sheer size. Two regional executives – from Sekhukhune and Capricorn – said Motlanthe had made inroads in their areas. However, they admitted that Zuma’s presence was also felt. Zuma’s supporters are in charge of Vhembe and Waterberg – the third and fifth biggest regions respectively. Most branches in Vhembe and Waterberg nominated Zuma’s ally and Deputy Arts and Culture Minister Joe Phaahla’s failed bid to unseat Mathale. Saddam Masupha, a member of the ANC’s Gwa-Masenga branch in Vhembe, said he would vote for Zuma if elections were to be held soon. The 35-year-old unemployed man said apart from liking Zuma because he was accessible, he knew very little about Motlanthe’s campaign. Capricorn, Limpopo’s financial powerhouse, is influential because it is home to most businessmen (or tenderpreneurs), politicians and civil servants. Some of the rich in this region are accused of financing and buying support in other regions to support their preferred provincial leader. Mopani, Vhembe and Capricorn hold their regional conferences in the next three weeks, and Zuma’s support base will be tested A regional leader from Capricorn added that ‚What I can say is that Zuma might be having few people. But the outcome of the two conferences (Capricorn and Mopani) will determine ahead of Mangaung‛. Julius Malema’s allies, Joshua Matlou and Lawrence Mapoulo, are in charge of Mopani and Capricorn while Philemon Mdaka, who is not in the Mathale circle, controls Vhembe. However, Malema’s dismissal from the party and his and the province’s cash-flow crisis could also hurt the Mathale camp, and by extension – based on our theory – Motlanthe’s chances. – Piet Rampedi North West ANC chairman Supra Mahumapelo, a known Zuma supporter, is embroiled in a bitter fight with provincial secretary Kabelo Mataboge over control of the party. In this long-divided province, Mahumapelo and his faction are disbanding regions that, according to his critics, are not supporting him. The group is also at war with premier Thandi Modise, the ANC’s deputy general secretary, over the control of the provincial government. Modise is associated with supporting Deputy President Kgalema Motlanthe and Sports Minister Fikile Mbalula, who compiled a report that saw Mahumapelo’s executive |disbanded in 2008. Kabelo Mataboge supports Mbalula.

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However, it’s a complex division: during last year’s provincial conference, Mahumapelo’s group had to broker a deal with Mataboge to help him become the provincial chairman. The fight now is for the control of the province’s biggest region, Bojanala, Mataboge’s home region. The region’s chairman, Louis Diremelo, is seen as a supporter of Motlanthe because of his closeness to Mataboge, while the region’s secretary, Tokyo Mataboge, backs Mahumapelo, making him a Zuma-backer. Diremelo said those who associated him with Motlanthe were malicious. Mahumapelo disbanded Ngaka Modiri Molema and is set to dissolve Kenneth Kaunda – the two regions that are not supporting him. His faction wanted to install interim acting leaders who will toe their line. A regional leader in the Ngaka Modiri Molema region said they supported Kabelo Mataboge – and thus Motlanthe. ‚People are failing to differentiate Kabelo from Malema,‛ the leader said, speaking on condition of anonymity. But a member of the ANC’s provincial executive committee (PEC) close to both Kabelo Mataboge and Diremelo, said the two preferred Motlanthe over Zuma. ‚Kgalema has always been calm and doesn’t have personal interests. We need his leadership to take the ANC forward,‛ the leader said, speaking on condition of anonymity for fear of reprisals. However, Mahumapelo has the upper hand in the party’s PEC, which gives him ammunition to dissolve the regions that oppose him. Mahumapelo’s domination of the PEC, support in Bojanala, and his efforts to install his preferred leaders in Ngaka Modiri Molema and Kenneth Kaunda regions, could give him and Zuma the upper hand in the North West. ANC provincial spokesman Kenny Morolong said those who suggested regions were being disbanded as part of the ANC succession battle were mischievous. ‚We cannot allow mischievous elements who want to open a discussion on ANC leadership to drag us into that debate. (The dissolution of) Ngaka Modiri Molema was resolved by the PEC, not Supra,‛ he said. – George Matlala Northern Cape Godfrey Oliphant, the deputy mineral resources minister, has agreed to stand against the incumbent ANC chairman John Block, who is also facing a challenge from Thapelo ‚Prof‛ Sekhonyane, a former uMkhonto we Sizwe member and Robben Islander. This means Block, who is supported by the vocal provincial youth league and has taken up its call for leadership change, faces an unprecedented challenge – and one which is splitting three key regions.

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While Block holds significant support in the provincial capital, Kimberley, some claim through use of his government contacts there, the entry of Oliphant, a former ANC deputy provincial chairman, into the contest has galvanised branches outside the city, including Warrenton, Hartwater and Jan Kempdorp and Barkley West, in favour of Oliphant. The Francis Baard region is the largest and most influential, but Oliphant is supported by the second-largest region, John Taole Gaetsewe, formerly known as Kuruman, which includes various mining towns. Oliphant is a former National Union of Mineworkers’ leader standing on a ticket of clean governance. And this is a first sign that sympathy for Block, triggered after he was charged with fraud, may be on the wane. Insiders say the fraud charges against Block have always been a driving factor, even among his supporters, including the provincial SACP. ‚In 2013 we will start preparing for the 2014 national elections. ‚ We are concerned that the present leadership will next year be undertaking their ‚Hands off Block‛ campaign instead of concentrating on the 2014 national elections,‛ said Oliphant lobby group spokesman Donovan ‚Mabalane‛ Brown. The Oliphant lobby group has also made inroads in Siyanda region around Upington, Block’s stronghold and venue of the provincial conference early next month, particularly in the Tsantsabane sub region, which includes the towns of Danielskuil and Postmasburg, as well as Keimoes and Kakamas. However, Block’s home town of Upington is squarely behind him, again splitting yet another region. The group backing Block has access to resources necessary to criss-cross the vast Northern Cape, and thus its influence has been strong in regional elections in areas like Namakwa (Springbok) and Pixley ka Seme (De Aar). However, the question also remains whether opposing Block would lead to the backing of Zuma. The opposition to Block is divided between those in favour of Zuma and those wanting Motlanthe as president. 7 May 2012 The New Age Sapa

Press club not neutral ground: ANC The Cape Town Press Club cannot be regarded as a neutral ground for parties that have no presence in the club, the ANC said on Monday.

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"This has been vindicated by the partisan attitude demonstrated by chairperson of the National Press Club Mr Yusuf Abramjee and the Chairman of the Cape Town Press Club Mr Donwald Pressley towards Minister Tina Joemat-Pieterson's protestation against this anomaly," spokesman Jackson Mthembu said in a statement. "If these bodies continue to operate in this manner they run the risk of alienating themselves." This followed comments after Agriculture, Fisheries, and Forestry Minister Joemat-Pettersson protested about speaking at a press club breakfast briefing on Friday because of the presence of Democratic Alliance MP Pieter van Dalen. It was apparently her belief that he wanted to use the opportunity to continue a disagreement they had during her budget vote speech on Thursday. According to her adviser Rams Mabote, the minister had been under the impression she was addressing members of the media and not politicians. She told the press club that if one political party was there, other parties should also have been present. Van Dalen agreed to leave so others would not be denied the opportunity of hearing her speak. Van Dalen is a fully paid up member of the Cape Town Press Club. Mthembu said the ANC was disturbed that a public representative for a political party was a member of the club. "This anomaly is symptomatic of an institution that is founded on questionable grounds given the fact that generally the membership of a press club is a preserve of professionals in the media space who are expected to be objective and non-partisan when it comes to party politics." Earlier, the Cape Town Press Club said it would review its membership policy at an annual general meeting. "We'll put it up for discussion by our members at the AGM, which is either this month or next month, depending on [chairman] Donwald Pressly's travel schedule," vice-chairman Brent Meersman said. He said the nature of the club, since its inception in 1976, was to consider all types of people involved in the news-making process and not only journalists. The club extended membership to those in industries associated with the media, for example politicians, academics, and legal, business, and foreign government representatives. Meersman said politicians sometimes joined the club because it was important for them to connect with journalists.

09 May 2012 37

He said past members included African National Congress politicians. "There is no partisanship in the club. The chairman will control the meeting. If he feels that someone is trying to make a political statement instead of asking a question, he can stop that." On Sunday, ANC chief whip Mathole Motsheka said that press clubs should revisit their membership criteria and look at the role members played. He said they should also "conduct a frank discussion on the desirability of having politicians as members". Business Day editor Peter Bruce wrote in a column on Monday that the minister had been "quite right" in refusing to address the club while her DA opposition spokesman was present. "As the debate on these pages concerning the so-called 'National' Press Club in Pretoria has shown, membership of what should constitute a press club is a moveable and usually self-serving feast," he said. "Press clubs should be for journalists and should be run by them. Money is a problem, but that isn't ever best overcome by easing up on the core principle." The Cape Town Press Club has more than 500 members, of which 133 are business people and 125 journalists. Club secretary Gloria Barrett said there were 86 members in public relations, 77 uncategorised members, and 52 people who had retired. A small number of writers were registered. About 18 people were registered as politicians. Barrett said politics was a broad category and included city managers and political advisers.

09 May 2012 38

3 May 2012

Mail and Guardian

Sapa

Secrecy Bill a threat to freedom, says Nadine Gordimer Nobel prize winning author Nadine Gordimer has condemned the Protection of State Information Bill, calling it a threat to freedom in South Africa.

In an article published on the website of the New York Review of Books she

compared it to apartheid laws.

Her article, "South Africa: The New Threat to Freedom", dated May 24, was one of

the website's top stories on Thursday morning.

"The right to know must continue to accompany the right to vote," she wrote.

The Bill "has been and continues to be seen as an obvious means of concealing the

corruption that has become a way of South African life for many".

The Bill was passed by Parliament last year, but has not yet been made law.

It prescribes prison sentences for whistle-blowers who expose corruption. Under the

Bill, possession of information that directly or indirectly benefits a foreign state will

be criminalised.

Gordimer accused President Jacob Zuma of using "manipulative tactics" to ensure the

Bill gained legal acceptance. He intended to seek changes to the Constitution, and to

review the powers of the Constitutional Court, she said.

"The Constitutional Court is the last line of defence to preserve press freedom, indeed

all our freedoms."

9 May 2012 Business Day Page 3 Edward West

ANC wants stricter rules on potential members The African National Congress (ANC) in KwaZulu-Natal wants a much more rigorous process to induct new members into the party, according to provincial secretary SihleZikalala. A document to be discussed at the ruling party’s policy conference next month notes: "The selfish pursuit of self-interest and factional

09 May 2012 39

interest are now placed above the interest of the entire organisation and the people as a whole." Speaking during a media briefing yesterday along with the party’s other top four leaders in the province ahead of the provincial conference set for Newcastle at the weekend, Mr Zikalala said a more rigorous induction process for new members should include extending the probation period to six months from one week, and requiring prospective members to undergo "compulsory political membership induction". He said the party would also check on members’ backgrounds. Another proposal was that a member had to serve for at least five years before being allowed to take up a leadership position. This was to ensure those who were elected to national or provincial leadership positions were "tried and tested", said Mr Zikalala. University of KwaZulu-Natal political lecturer and analyst ZakheleNdlovu said many people were joining the ANC for the wrong reasons, for instance as a way to make money, which was tarnishing the image of the party, so making new membership more difficult was a good idea. Mr Zikalala said: "During our provincial conference this week, we will look at political and policy issues ahead of the national conference in June in Johannesburg and the elective national conference in December in Mangaung ... we will go to both these conferences united." 9 May 2012 Business Day Page 1 Ernest Mabuza

U-turn as court tells NPA to probe Harare ‘torture’ The government suffered another legal reversal yesterday when the North Gauteng High Court ordered South African authorities to investigate Zimbabwean officials accused of committing crimes against humanity. The judgment clarified that the police and the National Prosecuting Authority (NPA) Priority Crimes Litigation Unit had a duty to investigate allegations of torture as required by the International Criminal Court Act. As a signatory to the Rome Statute setting up the court, SA committed itself to investigate and prosecute perpetrators of serious international crimes. The Southern African Litigation Centre and the Zimbabwe Exiles Forum went to court after the police in SA and the NPA refused to probe claims of torture by Zimbabwean authorities after a 2007 raid on the Harare headquarters of the Movement for Democratic Change.

09 May 2012 40

In March 2008, the centre submitted affidavits to the NPA in which 17 people attested to having been tortured in Zimbabwean police custody. The police and the NPA refused to investigate, saying they were under no obligation to do so. Judge Hans Fabricius said a number of the alleged Zimbabwean perpetrators had visited SA. "I need scarcely emphasise that the constitution has granted (then acting national director of public prosecutions MokotediMpshe), in the context of the NPA, independence, which he must exercise impartially without fear or favour; it is not for him to blindly follow political views or policies, let alone to anticipate such," the judge said. "Accordingly … Mpshe SC and (former acting police commissioner) Mr Tim Williams made errors of law regarding the powers and duties in terms of international law and domestic law." Judge Fabricius ordered that the head of the Priority Crimes Litigation Unit, Anton Ackermann, must render all possible assistance to the police commissioner in the evaluation of the request by the centre for an investigation. He ordered Mr Ackermann to manage and direct such an investigation. Nicole Fritz, executive director of the Southern African Litigation Centre, said yesterday: "This judgment will send a shiver down the spines of Zimbabwean officials who believed that they would never be held to account for their crimes, but now face investigation by the South African authorities." She said the decision was not just about Zimbabwe, it also set a much broader precedent by ruling that South African authorities had a duty to investigate international crimes wherever they took place. "It is a major step forward for international criminal justice," Ms Fritz said. The NPA said last night it would study the judgment, interrogate it and then determine what legal avenue to explore. "It should be noted the NPA does not have an investigative mandate, as only the police can conduct investigations," NPA spokesman MthunziMhaga said. The NPA had not taken any decision on Mr Ackermann’s conduct yet, he said. Mr Ackermann submitted an affidavit to the court in March. He indicated he had recommended an investigation, had disagreed with the police’s reasons for not pursuing the case, and had been manipulated and misled by colleagues.

09 May 2012 41

9 May 2012 Business Day Page 3 Ernest Mabuza

Court examines Ginwala report in Simelane hearing The findings of the Ginwala Commission report took centre stage yesterday during a hearing in which the Constitutional Court was asked to decide whether the president’s appointment of MenziSimelane as national director of public prosecutions was valid. The issue was whether or not President Jacob Zuma had applied his mind when appointing Mr Simelane in 2009, following concern by FreneGinwala over Mr Simelane’s conduct during an inquiry to look into the fitness of his predecessor, VusiPikoli. The judgment in this matter is expected to set guidelines on how far courts can go in reviewing an executive decision by the president. Mr Zuma appointed Mr Simelane in November 2009 after Ms Ginwala published her report in 2008. In that report, she expressed displeasure at Mr Simelane’s conduct in the preparation of government submissions and in his oral testimony. She found his submissions to be inaccurate in many respects or without any basis in fact and law. The Democratic Alliance (DA) took the matter to the high court in 2010, saying he was not fit and proper for the job, and the appointment was irrational and unconstitutional. The DA lost the case. However, the Supreme Court of Appeal set aside Mr Simelane’s appointment on the grounds that Mr Zuma had made material errors of fact and law in the process leading up to the appointment. Mr Simelane was then placed on special leave — pending the confirmation of the appeal court’s decision by the Constitutional Court. Yesterday’s hearing was an application by the DA seeking confirmation of the Supreme Court of Appeal order, which set aside the president’s appointment of Mr Simelane. While Mr Zuma has said he will abide by the decision of the Constitutional Court on whether he acted irrationally when he appointed Mr Simelane, Justice Minister Jeff Radebe and Mr Simelane are opposing confirmation of the judgment and appealing against it. Owen Rogers SC, for the DA, told the court the president did not have enough information on whether Mr Simelane possessed the requirements to be national director of public prosecutions. "All Mr Zuma had in front of him was a CV of Mr Simelane. There were no reports of his

09 May 2012 42

performance as (director-general) of justice and as competition commissioner," Mr Rogers said. He also said the Public Service Commission’s (PSC’s) recommendation that disciplinary action be taken against Mr Simelane was ignored. Mr Rogers said Mr Radebe had concluded that because in his view the PSC report was flawed and one-sided, he had told Mr Zuma that no purpose would be served in presenting its findings to him. When asked by Chief Justice MogoengMogoeng what the president did to investigate findings that cast doubt on Mr Simelane’s integrity, counsel for Mr Radebe, MarumoMoerane SC, said the president did not accept the import of the Ginwala report. Justice Johan Froneman asked Mr Moerane why only one person was considered for the post. He replied that the president saw Mr Simelane as a fit and proper person. "In spite of his foibles, here is a person that fits the bill." When Chief Justice Mogoeng said it would have been appropriate for Mr Zuma to consider more than one person, Mr Moerane said the choice was the president’s to make. The court reserved judgment 9 May 2012 The Times Page 1 Chandré Prince

Ginwala's findings not gospel –Radebe Their view was based on the fact that ANC veteran Frene Ginwala - who headed the 2008 inquiry into the fitness for his job of then suspended National Prosecuting Authority head Vusi Pikoli - was not a judge and that her report did not have the credibility of that of a judicial commission. This startling revelation came to light during a Constitutional Court hearing on Zuma's appointment of controversial prosecuting authority head Menzi Simelane. In his submission to the court, Marumo Moerane, representing the Justice Department, said Radebe and Zuma had come to the conclusion that Ginwala's December 2008 findings were incorrect and not "the gospel". Commenting on Ginwala's credibility, Moerane said: "She is not a judge ... I would not place it [the Ginwala report] in the same place that I place that of a judge. If the report was made by a judge it would have innate credibility."

09 May 2012 43

Moerane said the Ginwala inquiry was headed by a politician and judicial rules did not apply. "What they found is not the gospel. The minister and the president came to the conclusion that these findings were incorrect," he said. "The minister and the president considered both the negative and the positive ... "They must have concluded that the negatives that came from the Ginwala report were outweighed by the positives." Simelane was put on special leave in December following a Supreme Court of Appeal ruling that Zuma and Radebe had made material errors of fact and law in the process leading up to his appointment in November 2009. Zuma decided not to contest the appeal court ruling. The Constitutional Court application was brought by Radebe and Simelane. The DA, which initiated the legal challenge, said during the appeal court proceedings that, when he was president, Kgalema Motlanthe used the Ginwala inquiry's minor criticisms of Pikoli to remove him from office, but when it suited Zuma the inquiry's "trenchant" criticism of Simelane was ignored. Only 38 when appointed to head the National Prosecuting Authority, Simelane had practised as an advocate for just two years. He had held positions at the Competition Commission and the Department of Justice - neither of which involved court work, investigations or prosecutions. The DA said Simelane had served the authority for about six weeks as one of four deputies and had "extremely limited experience". It said his curriculum vitae was shoddily prepared and was full of spelling and other errors. The appeal court found that Simelane's appointment was invalid, and should be reviewed and set aside because it was "inconsistent with the constitution". Ginwala said that Simelane's conduct during her inquiry was "highly irregular, arrogant, condescending .'' ''In general, his conduct left much to be desired,'' she said. ''His testimony was contradictory and without basis in fact or in law." Moerane faced a barrage of questions from the judges yesterday, including from Chief Justice Mogoeng Mogoeng. Justice Johan Froneman asked if Ginwala 's findings did not "cast doubt" on Simelane's integrity and on his independence. He asked whether a position of such high stature, head of the National Prosecuting Authority, should be occupied by someone clouded in controversy or with adverse findings against him.

09 May 2012 44

Froneman and Justice SisiKhampepe asked why Zuma failed to ask for investigations into Ginwala's findings on Simelane. Justice Zak Yacoob repeatedly asked Moerane why, if the findings against Simelane, were incorrect, there were no processes to test them. Moerane argued that the Ginwala inquiry was intended to test Pikoli's fitness to hold office, not Simelane's. He saidZuma did not believe Simelane lacked integrity but was "a person that fits the bill as set out in the constitution . It's really not anybody's choice but that of the president. The constitution gives the president the clout to choose." "If he has an eye on a person that fits the bill, the constitution gives him that power," Moerane said. Asked about Ginwala's findings on Simelane, his counsel, David Unterhalter, said that the findings were wrong, including that which held that Simelane had recklessly suppressed information from the inquiry. Unterhalter asked that if the court found against Simelane, his appointment be set asideand not declared invalid because an adverse finding would leave all his decisions open to being overturned. "There should be a setting aside of the order so that the president [Zuma] can do what is required," said Unterhalter. Owen Rogers, senior counsel for the DA, pointed out that Zuma had, in an earlier affidavit, accepted the Ginwala Commission's findings as "unblemished". Ginwala has declined to comment. 9 May 2012 The Times Page 4 Denise Williams

Crackdown uncovers more dodgy police deals Six of the empty buildings are those of the SA Police Service, Public Works acting director-general Mandisa Fatyela-Lindie said in parliament ahead of minister Thulas Nxesi's budget vote speech. "They were mainly SAPS, and six or seven of them were unoccupied," she said. Fatyela-Lindie said the amount that the Public Works Department was paying for leases had risen from about R2.6-billion last year to R3-billion this year.

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The department currently manages about 3000 leases, of which 1277, more than a third, were held by the police. At an earlier media briefing, Nxesi said the department and specialists would concentrate next on government departments in Pretoria, before extending their probe to the rest of the country. "With private leases for government offices running at R3-billion per annum, costs are rising unsustainably and represent a drain on public resources," he told parliament. A quarter of the 3000 leases paid had lapsed and were being paid on a monthly basis, Nxesi said. Since his term of office began in October last year, five senior government officials had been suspended and had already faced their first disciplinary hearings. Judgments on another two suspensions - which had taken place before he assumed his post - were expected soon, he said. Criminal charges had been laid and arrests were imminent. The Pretoria High Court had been approached to nullify the agreement for the police's Middestad building in Pretoria, a controversial transaction that led to the suspension of national police commissioner Bheki Cele. Nxesi said the irregularities identified so far included "outright" corruption and collusion between an official or officials and the owner of premises. The property prices in the areas in which some leases had been signed had gone up as a result of fraudulently hiking up prices. "Unwarranted prices raise the prices in some of the areas and we have been responsible for that because of the tenders," he said. 8 may 2012 Business Day Page 9 David Gleason

Trouble as line between ANC and state fades The suspension of National Prosecuting Authority (NPA) deputy director Glynnis Breytenbach throws into sharp relief the relationship between "independent" state institutions and the ruling party. I have warned before that there is real cause for alarm when institutions vital to the democratic process are subverted into acting on behalf not merely of the ruling party but of disparate factions within the party. This is what happened to the Scorpions, an organisation suborned to do dirty work on behalf of party elements. A dvocate Paul Hoffman castigated me for saying the Scorpions should be

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disbanded or placed outside the NPA, but this vaudeville show is now being re-enacted. Breytenbach has an impeccable track record in pursuing and prosecuting those who have visited ills upon society. When she said two weeks ago that her vehicle had been fired upon, I was sufficiently alarmed to suggest she should report this. I doubt that she took this advice. It was suggested some time ago, when her suspension was first mooted, that the cause lay in allegations she had behaved improperly in the handling of prosecutorial matters related to the Sishen Iron Ore title debacle. She denied this. More to the point is her involvement in the on-off criminal case involving Richard Mdluli, widely said to be a frontrunner to replace Bheki Cele as national police commissioner, and from which she refused to withdraw. The NPA has made an enemy of Breytenbach and it will come to wish it hadn’t. To paraphrase the late Israeli prime minister, David Ben-Gurion, on Golda Meir, Breytenbach is the only man in the NPA. All this invites a re-examination of despots and despotism. A despot is an absolute ruler, a tyrant, an oppressor and, by extension, despotism is the exercise of absolute political authority. The implication is that we traditionally associate despot with an individual, but it is apposite to ask whether the definition applies also to the African National Congress (ANC). William Harcourt (1872) outlined the major difference that applies between "free" governments and those that do not enjoy political freedom. A government that isn’t free interferes with everything it can, but a free government "interferes with nothing except what it must". Expanding, Harcourt pointed to a set of people who dictate to others "what they shall do, what they shall think, what they shall drink, when they shall go to bed, what they shall buy and where they shall buy it, what wages they shall get and how they shall spend them". Many will note a resonance between this description and the flood of legislation that has poured out of the National Assembly since 1994, overwhelming lawyers, judges, company executives and the public. There are two major threats to any kind of genuine political freedom. The first is a general moral decay. C orruption in just about every walk of life leads to the inescapable conclusion that a regard for morality and ethics is almost entirely absent. Moral bankruptcy permits evil to flourish, especially in the white-collar crime areas. The second of the threats concerns the manner in which the executive imposes its power on the elected legislature. Isn’t that exactly what the ANC does in regard to the National Assembly? Look at what happened a short while ago to ANC MP Ben Turok. He was castigated by party whips for daring to indicate his disapproval of the Protection of State Information Bill. In fact, no member of the National Assembly who depends on an MP’s salary dares to oppose his party. To do so is to invite expulsion — and poverty. Not many have the courage or wherewithal to do that. The inability of MPs to exercise independent thought and discretion is a major drawback to our system of parliamentary government.

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And in South Africa it goes further. The ANC has long conflated itself with the government. The dividing line between party and state has all but disappeared. The state-party interferes in matters of public prosecutions and now interferes quite openly in the selection of judges. We are confronted with an attack on vital pillars of the constitution on which South Africa’s democracy is founded. The liberties for which the ANC claimed it was fighting apartheid appear under attack. We should expect nothing less. We have recently been warned that the constitution was the result of a negotiation and the outcome was merely a stopgap arrangement. That’s not what many of us believed at the time. It looks as though a major fight is brewing and those among us who care had better be ready for it. 8 May 2012 The Times Page 14 The Times

AG's concerns must not be rubbished like Khoza's were Opening a building in Pretoria last week, Nombembe raised his concerns that the government has steadfastly refused to implement the corrective measures his office recommended to put the country's financial affairs in order. Whether the ultra-sensitive ruling party will take these concerns to heart remains to be seen. Hopefully, senior ANC leaders will not react to Nombembe in the same manner in which they appear to treat criticism or concerns expressed by business leaders. ANC secretary-general Gwede Mantashe's response to Nedbank chairman Reuel Khoza's comments about the quality of leadership in South Africa was cynical and personal in the extreme. So, too, were the reactions of other party leaders. But Nombembe's comments are not dissimilar to what Khoza expressed - that the government has not shown the requisite leadership to deal with very big problems. In Business Day yesterday Nombembe was quoted as saying: "I see things that are worrying and I see things that require a response. Every leader in this country has heard this message." Nombembe sounded the alarm, too, about the results of municipal audits that he is to release soon: "Bad results are regarded as the norm and when people get a disclaimer or qualified reports, little happens to

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them to show that is unacceptable. That is the culture that we need to be concerned about." It appears that the disrespect for Nombembe's office permeates all spheres of the government. But more worrying is the fact that government officials - as he points out - are incapable of doing their jobs. Unfortunately, for all of us, South Africa cannot survive on a steady diet of contempt and incompetence. 8 May 2012 The Times Page 1 Chandré Prince and Denise Williams

Thousands exposed to unsafe tap water It has emerged that drinking water from 14 municipalities in seven provinces is unsafe for human consumption . The startling findings, contained in the 2012 Blue Drop Report, were released by Water Affairs Minister Edna Molewa yesterday. "Residents and visitors are hereby warned not to consume the tap water supplied in these towns without some form of acceptable disinfecting treatment at home [boiling or the addition of bleach]," the report says. The red-flagged municipalities include Ikwezi and Koukamma in the Eastern Cape, and Bushbuckridge, Chief Albert Luthuli, Mkhondo, Msukaligwa and Nkomazi in Mpumalanga. Also affected are the Free State's Letsemeng, Ngwathe, Nketoane and Phumelela, Thabazimbi in Limpopo, NgakaModiri Molema district in North West and Umsobomvu in Northern Cape. However, Gauteng residents can breathe easier - none of its municipalities has been red-flagged. Water quality in Ekurhuleni received a quality rating of 98.95% and Johannesburg 98.92%, making the two the best in the country. Other areas in the top 10 included municipalities in the Western Cape, North West and KwaZulu-Natal. Mpumalanga and Northern Cape received the lowest rating, 60.9% and 68.2% respectively.

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Despite the problems with water quality in certain areas, Molewa said tap water in South Africa "remains the best in the world". "We are one of only a handful of countries where you can drink water directly from the tap," she said. Yesterday's warning to residents of the 14 affected municipalities, said Molewa, remained in place until their managers communicated otherwise. While no official warnings had previously been issued to residents of the red-flagged areas, the report says that in some areas the continuous non-supply of safe water was "of great concern". "The significance of water safety planning is that it is a safety net to ensure people's lives are not placed at risk when issues of contamination occur," said Molewa. Of grave concern was the Eastern Cape's Ikwezi and Koukamma municipalities' water, which she singled out as "not at all safe". The Eastern Cape has over the years been plagued by contaminated water scandals. At least 131 babies died in 2008 between January and April in the Ukhahlamba District Municipality from "an inexorable causal link between elements of water supply contamination, poor sanitation and hygiene levels, and diarrhoea infections". Water supplies to Livingstone Hospital in Port Elizabeth were found to have been contaminated with potentially deadly bacteria in September, putting the sick and the elderly, as well as young children, at risk of diarrhoea, urinary tract infections and pneumonia. The 2012 report says although no Western Cape municipalities have been red-flagged, the department is concerned about the quality of water supplied to residents of Kannaland Local Municipality. While not issuing a tap-water drinking warning, it says drinking water quality management "is not taking place according to regulatory expectations". In Northern Cape, the report notes that the ability of one municipality to supply safe water continuously was "of great concern". Leonard Manus, director of water services regulation, said the national department had sampled water from municipalities from January 2011 to December, and risks to the water included high microbiological failure and a lack of commitment to respond to the problems such as water treatment or the need for disinfectants. Manus said water safety was a priority for the department and it would provide "full support and assistance" to the hot spots. No specific deadlines have been given for the municipalities to clean their water, but Manus said: "We will work with the teams and give them all the support, but we will also put pressure on them to sort it out as soon as possible."

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He warned that the department would take action against municipalities that did not cooperate, including taking them to court. "We will take the municipalities and the accounting officers [municipal managers] to court for neglecting to comply with legislation." The department is currently embroiled in legal action involving the Madibeng Municipality in North West. Various officials in the municipality have since 2010 been facing two separate sets of criminal charges for discharging unpurified sewage into the Crocodile River. Madibeng is but one of the 47% of South Africa's waste-water treatment works that received a zero Green Drop score in 2009. Manus said R220-million was channelled through the Accelerated Community Infrastructure Programme last year alone to address water-related issues. This excluded funds from the Regional Grant for Bulk Infrastructure. He said these amounts would increase this year and would be announced when Molewa delivers her budget speech on May 16. Molewa said particular mention needed to be made of the Victor Kanye Local Municipality, formerly Delmas, and the Thembisile Local Municipality, both in Mpumalanga, for scores which had "astonishingly" improved as a result of changes in the management approach. She said it was not just the sample quality of the water that was factored into how an area was rated, but also the ability for water safety planning.

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6 May 2012 Sunday Times Page 10 Sibusiso Ngalwa

'Congress fever' causing jitters This is according to Cosatu general secretary Zwelinzima Vavi, who said perceptions that he was opposed to President Jacob Zuma's re-election as ANC leader were unfounded. In an interview with the Sunday Times, Vavi said it would be a difficult year for the alliance, as all three partners - the ANC, Cosatu and SA Communist Party - would be holding elective congresses. "It is a difficult year ... congresses are not an easy matter. 2012 will be a year of increased tensions, because everybody fears [they] may not be re-elected ... it makes things a little bit dicey. When you talk about the general weaknesses of anybody, you can easily be seen to be campaigning and de-campaigning," he said. "When I read this thing that Vavi is opposed to the retention of Zuma and this leadership, I think it comes from exactly what I call the congress fever. During the congress fever, even criticism that is fair can easily be turned into a campaign tool. "So this thing that I'm anti-Zuma and support somebody else derives from the fact that we [Cosatu] have been very critical on some issues. Innocent as we may be in presenting our criticism, someone else in a faction uses it and says, 'You see, Vavi is now opposed to this ... Cosatu is no longer supporting them'. That's the environment I'm talking about, the spoiled environment of congresses." He said while Cosatu would not nominate preferred ANC leaders, as it had done ahead of the 2007 ANC conference in Polokwane, the federation was discussing the criteria members should use to determine the kind of leadership they would like to see emerge in Mangaung. "In the discussions we were having in the central executive committee (CEC) last week, one of the issues that we raised was whether we should not add in [those] criteria the whole area of governance ... the track record to good governance and to transparency, and the battle against corruption. But that we have not concluded yet. We will have that discussion again in May," said Vavi. Although Cosatu's own congress takes place only in September, the trade union movement is already in conference mode, with some of its affiliates holding elections over the next two months.

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The most important of these will be those of Cosatu's biggest affiliate, the National Union of Mineworkers (NUM), and the National Union of Metalworkers of SA. The leadership contests in the NUM, seen by many as a dry run for the Cosatu congress, have resulted in Vavi being accused of backing a grouping opposed to current general secretary Frans Baleni. Vavi's detractors claim that he is behind the campaign to have NUM deputy general secretary Oupa Komane take over from Baleni, saying Vavi is unhappy with Baleni's perceived close ties to Zuma supporters. Vavi denies this. "I'm close to everybody in the NUM ... I'm refusing to be pigeon-holed into this and this faction now that there is a congress. I come from the NUM; it's my union. You can't say this one is close to Vavi, as if I'm not close to Frans. That's nonsense," he said. He admitted that his critical stance towards the ANC government had made him unpopular among his comrades, but he vowed not to stop speaking on behalf of workers. "To allow things to slide because this is your friend, that's dangerous for any revolution. It makes people not to believe you, even if you speak. Consistency helps, and it gets me into lots of trouble. But my sense is that the majority of Cosatu members will always be happy with consistency." Vavi's absence at the main Workers' Day rally in the Free State on Tuesday added to speculation that he was avoiding sharing the stage with Zuma and SA Communist Party leader Blade Nzimande. Cosatu president Sidumo Dlamini spoke at the rally. Vavi denied that he was avoiding the president and Nzimande. "There's nothing untoward or sinister in [Dlamini] being the one addressing the main May Day rally. It's not me running away from Zuma or Nzimande, but it's just that, from the protocol point of view, [Dlamini] is the political head of the organisation." Dlamini's speech sparked controversy, with newspapers reporting that he had declared that Cosatu would support Zuma ahead of Mangaung "and beyond". Vavi said it would be against Cosatu's decisions for its president to back Zuma's campaign. After a meeting between the two on Thursday, a joint statement was issued in which they denied media reports that Dlamini had made the utterances. Vavi has recently had a torrid time at Cosatu central executive committee meetings, with some of the affiliates opposing his hard-line stance towards the government. This has led to claims that, although he remains popular with the general membership, he no longer commands support within the influential committee. But he insists that he still does.

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"I don't doubt that. That's why I sleep peacefully ... not that I don't disagree with comrades ... there are hard moments for anybody. But I don't lack support as a general secretary to do what I'm elected to do." 7 May 2012 Business Day Page 9 Aubrey Matshiqi

Unhappiness with state failures runs across classes THE Gauteng e-tolling fiasco must be understood in terms of factors whose effects may go well beyond the immediate concerns of the multiclass and multiracial coalition that has come into being in opposition to it. The nature of this loose alliance says a lot about what may be happening in South African politics today and may be an indication of things to come in the configuration of the balance of forces in the country and the electoral balance going forward. What is the groundswell of unhappiness about Gauteng’s e-tolling really about? In an attempt to answer this question, it would be woefully inadequate to limit the anger of citizens to the e-tolling imbroglio itself. Further, we must, over the coming weeks and months, try to analyse the different social and political forces that are ranged against e-tolling in terms of a convergence and divergence of motives and interests. This we must do to avoid the errors of overestimating or underestimating the effect of particular arrangements of coalitions and the contradictions between different social forces in Gauteng and beyond. It seems to me that we must start by acknowledging that the citizens of our country, across the barriers of class and race, have over the past 18 years of our democratic experience become unhappy about a lot of things. We must never forget that in the period of the 20 months leading up to the 2006 local government elections, poor communities around the country barricaded the streets of their townships and villages, burnt tyres and sometimes engaged in running battles with the police in protest against poor, or a lack of, service delivery. The period leading up to last year’s local government elections saw an escalation of these protests that, in part, was driven by instability in the structures of the African National Congress (ANC). While there has since been a decline in the number of service delivery protests, the nation continues to be animated by daily media reports of protests in this or that pa rt of the country. It is for this reason that some commentators and academics have taken the view that what they call a "rebellion of the poor" is already under way.

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In my view, these service delivery protests are a response to the failures of the state, the economy and the ANC. They are, therefore, informed by the reality or perceptions of worsening social and economic conditions which, to these poor communities and the working class, have led to the worsening of their material conditions and the deepening of their conditions of underdevelopment. But the poor and the working class are not the only ones who are unhappy. The middle class is becoming increasingly restless for reasons associated with rising food and municipal inflation, a real or perceived increase in their tax burden (e-tolling is seen as another tax directed at the middle class) and high levels of government corruption (there are suspicions that corruption is one of the drivers of government arrogance on e-tolling). In other words, the poor, the working class and the middle class are, across the racial divide, unhappy about the same things. However, this does not mean there is always a convergence of interests and motives. Some among us are motivated only by their racism and die-hard opposition to the ANC as a symbol of a political order they do not want. To them, the failures and weaknesses of the ANC confirm what they have always known — blacks cannot govern a modern state. On the other hand, the ANC, the government and some of its leaders are increasingly guilty of aiding and abetting the confirmation bias of those who seek to erase the sins of apartheid with the sins of the ruling party. At the moment, nothing demonstrates this unholy alliance better than the ignominy and spectacle of ANC leaders who are willing to sacrifice both the party and the country by seeking the support and protection of those who fought tirelessly against the liberation movement. This they do in pursuit of narrow individual, factional and ethnic agendas. 7 May 2012 Business Day Page 3 Wyndham Hartley

Secrecy bill rush raises concern among opposition A parliamentary committee is again involved in a race against time to complete its deliberations on the so-called "secrecy bill" and a major row is brewing as opposition parties call for an extension of the deadline while the African National Congress (ANC) insists the May 17 deadline will be met. The National Council of Provinces’ (NCOP’s) ad hoc committee on the Protection of State Information Bill has been given until May 17 to complete its work. Public hearings, however, identified what civil society organisations believe are still serious shortcomings with the

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bill, such as the absence of a public interest defence for whistle -blowers and investigative journalists. Democratic Alliance (DA) MP Alf Lees said on Friday that the committee had met for deliberations but only a report on the public hearings was submitted. "Members of the committee appear to share the view of the DA that insufficient time remains for the committee to adequately deal with the bill before the reporting deadline of May 17. "Consequently, DA leader in the NCOP Elza van Lingen will be submitting a formal request to the c hairperson of the NCOP to have the reporting deadline of the ad hoc committee extended by resolution. "We have maintained from the outset that the time allocated to the committee was insufficient to deal with this controversial piece of legislation. It is vital that additional time is allocated to provide enough opportunity for the necessary deliberation to take place, and for the appropriate amendments to be made," Mr Lees said. Chairman of the ad hoc committee and ANC MP Razeriti Tau said the report on all the public hearings, both provincial and parliamentary, had been tabled in the committee. "The ad hoc committee could not adopt the report today due to two reasons. Members of the committee need time to familiarise themselves with the report and properly read it. There are also some grammatical errors that have to be corrected. The committee is expected to adopt the report on Tuesday (tomorrow). "The committee remains committed to meeting the deadline of May 17 to the NCOP. "As such, the committee will meet from Tuesday until Friday to start clause-by-clause deliberations on the bill," Mr Tau said. Congress of the People MP and acting chief whip Dennis Bloem expressed concern about how the NCOP was handling the bill, saying the "late tabling of the report will create the perception to the public and organisations that their inputs were not important". 6 May 2012 City Press Page 1 Adriaan Basson

Mdluli's ‘pledge’ to Zuma A month before fraud and corruption charges against crime intelligence boss Richard Mdluli were dropped, he told President Jacob Zuma he would ‚assist the president to succeed next year‛ if he was reinstated in his job.

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The apparent pledge is made in a strangely phrased letter Mdluli sent to Zuma in November last year. City Press has a copy of the letter that was also sent to Police Minister Nathi Mthethwa and acting police chief Lieutenant General Nhlanhla Mkhwanazi. We can further reveal that: » Suspended senior prosecutor Glynnis Breytenbach told the National Prosecuting Authority (NPA) two weeks ago that new evidence had been uncovered that implicates Mdluli and others in ‚extremely serious‛ crimes; » In her memorandum to the NPA, Breytenbach says the decision to withdraw charges against Mdluli had the practical effect to ‚smother‛ serious other allegations of the abuse of state funds; and » The police front company allegedly used by Mdluli and others to plunder a crime intelligence ‚slush fund‛ is the same company used by the apartheid security branch to buy explosives that were used against anti-apartheid activists. Mdluli’s November letter to Zuma can be read as an attempt by the career policeman to ingratiate himself with Zuma. In it Mdluli claims that there is a conspiracy against him driven by senior police officers who want him out of the job. ‚It is alleged (by the conspirators)‛ that I support the minister of police and the president of the country. In the event that I come back to work, I will assist the president to succeed next year,‛ Mdluli wrote. Yesterday City Press specifically asked Mdluli to explain whether he offered to assist Zuma in his campaign to be re-elected as ANC leader in December in the letter. Mdluli, through spokesperson Brigadier Lindela Mashigo, chose not to respond or to distance himself from that interpretation. ANC insiders and securocrats have been puzzled by Mdluli’s perceived closeness to Zuma, since he has no struggle record and is implicated in the looting of the ‚slush fund‛. Sources in the police who have seen the letter agree that its clear purpose was to cosy up to Zuma. ‚It gives you a clue why he is being protected,‛ said one. On Tuesday Mdluli, whose unit is supposed to infiltrate crime syndicates and provide the police with information that will prevent crime, appeared at the same Cosatu Workers’ Day event as Zuma in Botshabelo in the Free State.

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Asked why he was there and who invited him, Mdluli said he attended the event ‚as part of my duty as a police officer‛ and was assisting the provincial commissioner. ‚I never shared a stage with politicians. My attendance had nothing to do with President Zuma and I am not close to him; I am working for the government of the day,‛ Mdluli responded. City Press understands there was unease within Cosatu over Mdluli’s presence at the event. In the letter to Zuma, Mdluli alleges suspended police chief Bheki Cele, Gauteng police boss Mzwandile Petros, Hawks boss Anwa Dramat and head of detectives Godfrey Lebeya are plotting against him. The Sunday Independent reported last month that Mkhwanazi confirmed receiving the letter and told Mdluli to use it as part of his disciplinary hearing. Mdluli claims to have received three affidavits ‚regarding a conspiracy against me‛ and says he received information that the end goal of the ‚conspiracy‛ is to replace him with former crime intelligence head Rayman Lalla or someone else. Mdluli also requests the recipients to suspend all disciplinary actions against him until his criminal cases were finalised. It appears that Mdluli’s pleas were heard: » A month after Mdluli sent the letter, the fraud and corruption charges against him were dropped; » In February the murder charge against him was controversially withdrawn and referred to a judicial inquest; and » In March, Mdluli’s suspension from the police was lifted after intervention by Mthethwa and he was also put in charge of the police’s VIP protection unit that controls the movement of all Cabinet ministers. This week Breytenbach, who was the driving force behind Mdluli’s corruption prosecution, was suspended from the NPA on unrelated charges. City Press has seen a copy of the memorandum she gave acting prosecutions boss Nomgcobo Jiba two weeks ago. In the document Breytenbach claims that Mdluli’s case is being handled differently from other police officers implicated in corruption; that the effect of the dropping of charges was to ‚smother‛ other allegations of corruption in crime intelligence; and that more evidence against Mdluli and others has been uncovered, but that the NPA’s decision ‚had the practical effect of bringing the criminal investigation to an end‛. The Mail & Guardian reported on Friday that the Hawks was still probing claims of corruption and fraud relating to the secret services fund.

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Zuma’s spokesperson, Mac Maharaj, said he stood by his earlier statement, saying Zuma had nothing to do with Mdluli’s reinstatement. 6 May 2012 City Press Page 1 Mmanaledi Mataboge

Jordan lashes out at Turok hearing ANC veteran Pallo Jordan whipped the party into postponing a national disciplinary committee hearing against its MP Ben Turok by strongly reprimanding the action and telling the governing party’s prosecutor to stop the process. A terse Jordan told the committee that Turok was 85 years old and the forum was the wrong one. Although Jordan has not succeeded in getting the party to withdraw the charges, his strong words and personal clout have placed it between a rock and a hard place. The ANC national disciplinary committee on Wednesday postponed Turok’s disciplinary hearing after Jordan lashed out at the committee led by Derek Hanekom. He reportedly called it a ‚kangaroo court‛, though City Press was unable to confirm this with Jordan. Jordan, who is representing Turok as well as MP Gloria Borman at the hearing, confirmed he said the disciplinary action should not go ahead but would not be pressed on further details. Jordan sits on the party’s national executive and national working committees. The ANC hauled Turok and Gloria Borman before a disciplinary committee for refusing to vote in favour of the controversial Protection of State Information Bill last November. Turok walked out before voting started, while Borman chose to abstain. Turok is facing charges that include bringing the party into disrepute, undermining the effectiveness of the organisation and intentionally or unintentionally working with counter-revolutionary forces by defying the party’s instruction that all its members should vote in favour of the bill. Two sources – a Luthuli House insider and a government official with close ties to the ANC headquarters – confirmed that Jordan reprimanded the committee for its decision to discipline Turok. The Luthuli House insider said the party and the committee were reluctant to continue with Turok’s disciplinary matter, which Jordan said must be ‚stopped in its tracks‛.

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‚There’s no appetite at Luthuli House or at the disciplinary committee to take this forward, but the parliamentary caucus panel, which laid the complaint, is baying for Ben’s blood.‛ A government official said an angry Jordan did not mince his words when he defended Turok. ‚He told them this 85-year-old man is not going to be taken through their kangaroo court,‛ said the source. ‚He said they must find a political solution.‛ 6 May 2012 City Press Page 2 Sabelo Skiti and Sabelo Ndlangisa

Will Zuma keep the E Cape? He’s got KZN, but can he hang on to the other crucial province? Can President Jacob Zuma hold the support of the party’s Eastern Cape heartland? The answer is key to his second term as president, and the province is now the main battlefield ahead of the party’s national conference at Mangaung in December. And his grip is slipping. The combined support of KwaZulu-Natal (KZN), the ANC’s leading province, and the Eastern Cape command almost half of the 5 000 delegates to Mangaung. Former ANC Youth League leader Julius Malema and pro-change lobbyists are working to turn OR Tambo, the second-largest party region in the country, against Zuma. The region votes in new leadership at the end of May – the outcome will be a bellwether moment. The region, named after the ANC’s beloved former president Oliver Tambo, was until 2010 the party’s largest. It was eclipsed by eThekwini, which is now the jewel in the crown. The Eastern Cape birthed Nelson Mandela, Tambo, Thabo Mbeki and Walter Sisulu, and winning it is key to any presidential candidate. OR Tambo regional secretary Jackson Sabona denied that branches had discussed their preferred leaders, dismissing attempts to lobby them as a waste of money and time. ‚You can’t say I am a Tokyo (Sexwale), Kgalema Motlanthe or Jacob Zuma person. What if that’s not what branches want? As a leader you have to

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follow them,‛ Sabona said, although his spin is contradicted by branch leaders who suggest Zuma is not an easy shoo-in. Regions such as Alfred Nzo, Buffalo City and Nelson Mandela that have held conferences are dominated by pro-change leaders, a factor expected to sway support against Zuma. The re-election of Nceba Faku as Nelson Mandela chairperson last weekend is regarded as a symbol of Zuma losing ground in this province. Faku is working with the youth league to win the remaining regional conferences to a change mandate. ‚I don’t think it’s wrong for the youth league to have its view, but it is quite aware there is nothing it can say to us right now concerning leadership,‛ said the Nelson Mandela metro secretary Zandisile Qupe. The Eastern Cape is serially dysfunctional with perennial health and educational problems. Although Zuma has parachuted in fix-it agents, progress is not palpable. Provincial leaders say they will publicly state their options only in September, when lobbying season officially opens. The Eastern Cape is notoriously divided and factional, and party leaders are trying desperately to project a unified front. Zuma’s support remains unshakeable in Chris Hani, where ANC secretary-general Gwede Mantashe hails from. ‚We support them (Zuma and Mantashe) in the offices they are occupying now, and we will defend them from whoever would want to attack their offices. We believe they are doing right by us as general members thus far,‛ said regional secretary Nonceba Zonke. ‚As I am speaking, I don’t have any doubt in my mind that this province will surprise many people come December, even those who know it as fluid and unpredictable,‛ said Eastern Cape provincial secretary Oscar Mabuyane. He said it was inaccurate to read current elections as a national message. In Alice on Friday, Mantashe said what happened in the build-up to the Polokwane conference in 2007 should not be allowed to develop into a culture in the ANC. ‚In December we are not going to a succession conference, but a national conference where all delegates will discuss policy and elect leadership.‛ 6 May 2012 City Press Carien du Plessis

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Youth league calls press conference after tumultuous meeting The ANC Youth League is expected to give more details on the way forward this morning following a tumultuous weekend meeting over the expulsion of its leader, Julius Malema, and the suspension of two others. Sources from within the meeting said the Metro Police had to be called in and private security guards had to spring into action as tempers flared over a vote of no confidence against league treasurer Pule Mabe. League spokesperson Magdalene Moonsamy in a press statement last night said the league would be holding a press briefing at Luthuli House at 11am today. She has also confirmed Mabe has been sacked through a vote of no confidence. Sources from within the meeting said nine national executive committee (NEC) members voted in favour of Mabe while 13 voted against, and three abstained. The officials didn’t vote. Supporters of Mabe also claimed Malema’s supporters wanted provincial chairmen and secretaries, who sit on the NEC as ex officio members, to vote, but they raised objections against this because they said it’s against the league’s constitution. Provincial leaders have previously declared their support for Malema. Members of the NEC threatened to resign en masse late on Saturday night out of protest against Mabe’s suspension, but according to the league’s official Twitter page, there were no resignations. The league’s constitution is silent on whether it could continue running with only two officials and part of the NEC. League secretary-general Sindiso Magaqa was suspended by the ANC’s national disciplinary committee of appeal (NDCA) for a year, which now leaves only deputy president Ronald Lamola and deputy secretary-general Kenetswe Mosenegi. According to a source who attended the weekend meeting, the NEC has resolved to petition the ANC’s NEC on Malema’s expulsion and the suspension of two others. They also again resolve to take it to the party’s elective conference in Mangaung in December, should the NEC petition not succeed. The fact that neither Malema nor Magaqa attended the weekend meeting seems to suggest that they are still hoping to come to some kind of an agreement with the ANC about the matter.

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Spokesperson Floyd Shivambu, who had been suspended for three years, and who had argued that he was a mere employee and could do his work regardless of whether he was an ANC member or not, has apparently given over his duties to Moonsamy. 6 May 2012 City Press Page 1 Adriaan Basson

Mdluli's ‘pledge’ to Zuma A month before fraud and corruption charges against crime intelligence boss Richard Mdluli were dropped, he told President Jacob Zuma he would ‚assist the president to succeed next year‛ if he was reinstated in his job. The apparent pledge is made in a strangely phrased letter Mdluli sent to Zuma in November last year. City Press has a copy of the letter that was also sent to Police Minister Nathi Mthethwa and acting police chief Lieutenant General Nhlanhla Mkhwanazi. We can further reveal that: » Suspended senior prosecutor Glynnis Breytenbach told the National Prosecuting Authority (NPA) two weeks ago that new evidence had been uncovered that implicates Mdluli and others in ‚extremely serious‛ crimes; » In her memorandum to the NPA, Breytenbach says the decision to withdraw charges against Mdluli had the practical effect to ‚smother‛ serious other allegations of the abuse of state funds; and » The police front company allegedly used by Mdluli and others to plunder a crime intelligence ‚slush fund‛ is the same company used by the apartheid security branch to buy explosives that were used against anti-apartheid activists. Mdluli’s November letter to Zuma can be read as an attempt by the career policeman to ingratiate himself with Zuma. In it Mdluli claims that there is a conspiracy against him driven by senior police officers who want him out of the job. ‚It is alleged (by the conspirators)‛ that I support the minister of police and the president of the country. In the event that I come back to work, I will assist the president to succeed next year,‛ Mdluli wrote. Yesterday City Press specifically asked Mdluli to explain whether he offered to assist Zuma in his campaign to be re-elected as ANC leader in December in the letter.

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Mdluli, through spokesperson Brigadier Lindela Mashigo, chose not to respond or to distance himself from that interpretation. ANC insiders and securocrats have been puzzled by Mdluli’s perceived closeness to Zuma, since he has no struggle record and is implicated in the looting of the ‚slush fund‛. Sources in the police who have seen the letter agree that its clear purpose was to cosy up to Zuma. ‚It gives you a clue why he is being protected,‛ said one. On Tuesday Mdluli, whose unit is supposed to infiltrate crime syndicates and provide the police with information that will prevent crime, appeared at the same Cosatu Workers’ Day event as Zuma in Botshabelo in the Free State. Asked why he was there and who invited him, Mdluli said he attended the event ‚as part of my duty as a police officer‛ and was assisting the provincial commissioner. ‚I never shared a stage with politicians. My attendance had nothing to do with President Zuma and I am not close to him; I am working for the government of the day,‛ Mdluli responded. City Press understands there was unease within Cosatu over Mdluli’s presence at the event. In the letter to Zuma, Mdluli alleges suspended police chief Bheki Cele, Gauteng police boss Mzwandile Petros, Hawks boss Anwa Dramat and head of detectives Godfrey Lebeya are plotting against him. The Sunday Independent reported last month that Mkhwanazi confirmed receiving the letter and told Mdluli to use it as part of his disciplinary hearing. Mdluli claims to have received three affidavits ‚regarding a conspiracy against me‛ and says he received information that the end goal of the ‚conspiracy‛ is to replace him with former crime intelligence head Rayman Lalla or someone else. Mdluli also requests the recipients to suspend all disciplinary actions against him until his criminal cases were finalised. It appears that Mdluli’s pleas were heard: » A month after Mdluli sent the letter, the fraud and corruption charges against him were dropped; » In February the murder charge against him was controversially withdrawn and referred to a judicial inquest; and » In March, Mdluli’s suspension from the police was lifted after intervention by Mthethwa and he was also put in charge of the police’s VIP protection unit that controls the movement of all Cabinet ministers.

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This week Breytenbach, who was the driving force behind Mdluli’s corruption prosecution, was suspended from the NPA on unrelated charges. City Press has seen a copy of the memorandum she gave acting prosecutions boss Nomgcobo Jiba two weeks ago. In the document Breytenbach claims that Mdluli’s case is being handled differently from other police officers implicated in corruption; that the effect of the dropping of charges was to ‚smother‛ other allegations of corruption in crime intelligence; and that more evidence against Mdluli and others has been uncovered, but that the NPA’s decision ‚had the practical effect of bringing the criminal investigation to an end‛. The Mail & Guardian reported on Friday that the Hawks was still probing claims of corruption and fraud relating to the secret services fund. Zuma’s spokesperson, Mac Maharaj, said he stood by his earlier statement, saying Zuma had nothing to do with Mdluli’s reinstatement. 6 May 2012 City Press Page 6 Adriaan Basson

Breytenbach: Why is Mdluli special? Why is Lieutenant General Richard Mdluli not being treated in the same way as other police officers accused of corruption? That is the central question suspended anti-graft prosecutor Glynnis Breytenbach and her colleague Jan Ferreira ask the country’s acting prosecuting boss in a hard-hitting memorandum. City Press has seen the document that was handed to Advocate Nomgcobo Jiba two weeks ago. Jiba suspended Breytenbach on Monday. In the memorandum, Breytenbach and Ferreira suggest that Mdluli is being treated differently because of who he knows. ‚The impression has now unfortunately been created, whether correctly or incorrectly, that Mdluli (and Colonel Heine Barnard, Mdluli’s co-accused) are being treated differently and preferentially because of who they are (and who they know).‛ Breytenbach and Ferreira are scathing of the decision by Advocate Lawrence Mrwebi, head of the Specialised Commercial Crimes Unit, to withdraw charges against Mdluli and Barnard. The charges related to the trading in of Mdluli’s personal BMW by Barnard, and the purchasing of two new BMWs with crime intelligence funds to cover the shortfall on Mdluli’s car.

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Both new BMWs were used by Mdluli and his wife, Theresa Lyons, whom he had employed as an undercover crime intelligence agent. After receiving representations from Mdluli’s lawyer, Mrwebi instructed prosecutors to drop the charges against him. But, write Breytenbach and Ferreira, the reasons advanced by Mrwebi for why the charges should be dropped were not those given by Mdluli or his lawyer. ‚The main reason provided by (Mrwebi) why the ‘prosecution of the matter cannot continue’ is based on an alleged ‘breach of the security legislation’. Something that was clearly not part of the representations by Mdluli. We have been unable to define the source of this aspect, as it did not arise from the representations.‛ Mrwebi told Breytenbach it was not important ‚whether there was evidence (against Mdluli) or not‛. The main reason for his decision to withdraw charges on December 4 last year was that the police had no right to investigate members of the intelligence community, and that this should have been done by the Inspector General of Intelligence (IGI). Advocate Faith Radebe, the IGI, subsequently ruled that she did not have the powers to take over police investigations, but Mrwebi insisted he was right and that the prosecution couldn’t go ahead. Breytenbach and Ferreira argue that Mrwebi’s decision was ‚bad in law, and in fact illegal‛. At the time of the withdrawal of charges, the agreement was that it was a ‚provisional withdrawal with a distinct intention of re-enrolling the matter once the concerns of (Mrwebi) had been addressed‛. But it has now ‚transpired that (Mrwebi) views the matter as closed‛. In a grave warning to Jiba, Breytenbach and Ferreira write that the National Prosecuting Authority cannot only ‚pay lip service to the fight against corruption‛. ‚Decisions to prosecute or not to prosecute should be made only on the available evidence, without fear, favour or prejudice, subject to the Constitution and the law. Each prosecutor, when taking the requisite oath of office, is in any event enjoined to do just that, and we find ourselves in a position now where our conscience and professional ethics dictate that we request you to reconsider the decision taken in this matter.‛ Mrwebi, they argue, should have recused himself from the case because of his and Mdluli’s involvement in the corruption case against former police chief Jackie Selebi. Mdluli was in charge of an investigation into Selebi’s lead prosecutor, Gerrie Nel, and Mrwebi testified for Selebi in his corruption trial.

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They end by reminding Jiba this was not a personal attack on Mrwebi and that it was a ‚difficult decision to take to escalate the matter to your office‛. ‚Our professional ethics dictate that we pursue the matter to its logical conclusion, which may include, of necessity, taking further steps if there is no agreement between us.‛ 6 May 2012 The Zimbabwe Independent Page 2 Marianne Merten and Moshoeshoe Monare

Cabinet ministers fear Mdluli The SA Police Union and some ministers are fed up with crime intelligence chief Richard Mdluli, and are demanding a probe into what they see as a potential destabilisation of the police. Sapu is calling for a judicial commission of inquiry into the state of affairs in the police while ministers want a cabinet security cluster to deal with Mdluli, who could not be reached for comment on Saturday. Amid the ongoing storm over the lieutenant-general’s alleged role in misusing slush funds, hiring relatives and making moves to gain influence and control within the SAPS, the cabinet on Friday said it had not discussed Mdluli but had raised concerns over the state of affairs. Several ministers who spoke to The Sunday Independent anonymously said they had informally expressed their displeasure at how Mdluli and his factional fights with his colleagues were destabilising the police service. One minister, who could not be quoted because she could not discuss ‚internal matters publicly‛, said some of her colleagues had told her that they feared speaking on their phones openly. It was revealed in Parliament that Mdluli, as head of crime intelligence, approves police applications for interception of communications even before they go to the judge as required by law, effectively shackling the Hawks. Previously any police officer over the rank of major-general could be approached for such approvals. Another minister, who also cited ‚protocol and fear‛ for not speaking publicly, said some of his ‚comrades‛ had become suspicious and distrustful of their own bodyguards because ‚of the Mdluli thing‛. ‚We used to feel protected, now we feel followed,‛ he said. The VIP protection unit has been moved from protection and security services to the crime intelligence unit, which falls under Mdluli.

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Another cabinet member anonymously said there was an ‚atmosphere of fear‛ and said it was ‚sad‛ when members of the highest authority in the land could not trust their police. The Sunday Independent was reliably informed that as a result of the concerns, the Mdluli matter would be discussed at the cabinet security cluster. The director of the Institute for Accountability in Southern Africa, advocate Paul Hoffman, said it was ‚a cover-up‛. ‚It all relates to who controls the button to listen to people on the phone…‛ Sapu president Mpho Kwinika said there was great concern: ‚Unions must make sure that everything – including his (Mdluli’s) department – is tip-top.‛ This week, the Mail & Guardian reported that an ongoing fraud investigation by the Hawks had uncovered another ‚concealed police bank account‛. It is understood that the probe by the Hawks has been under way for some time. It follows earlier allegations that Mdluli misused the police secret service account to, among other things, buy cars and pay salaries for himself and several of his relatives whom he allegedly hired. The police’s own crime intelligence probe and report on this said ‚it cannot be disputed, based on what has now been discovered, that significant irregularities have occurred around the tenure of Lt Gen Mdluli‛. The report, signed off by the then-acting crime intelligence boss Chris de Kock to the Inspector-General of Intelligence Faith Radebe, was published by the Mail & Guardian in March. But Mdluli was back at work at the end of that month after corruption charges were withdrawn and the counts related to a 1999 love triangle murder against him and other co-accused were dropped in favour of an inquest, now ongoing. Despite initial police statements that an internal probe would have to be completed before Mdluli could return, his reinstatement was accompanied by a one-sentence announcement that ‚this will not be discussed further in the public domain‛. Instead the senior commercial crimes prosecutor Advocate Glynnis Breytenbach was suspended for ‚abuse of power‛ after she opposed the National Prosecuting Authority decision not to prosecute Mdluli. Meanwhile Sapa reports that a request to Parliament's police portfolio committee for a special hearing into the saga around police intelligence head Richard Mdluli was denied on Thursday. Portfolio committee chairwoman Sindy Chikunga told the SABC that her committee was not a court of law and so it could not do anything. ‚Charges needed to be responded to in a court of law...the portfolio committee can't do anything,‛ she said.

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6 May 2012 The Sunday Independent Page 4 Marianne Merten

Simelane continues his fight in Concourt Advocate Menzi Simelane, on leave since December when the Supreme Court of Appeal ruled his appointment as prosecutions boss was invalid, heads to the Constitutional Court on Tuesday in a fight to keep his job. Following an application by the DA challenging President Jacob Zuma’s 2009 appointment of Simelane as national director of public prosecutions (NDPP), the court held the president had acted ‚irrationally‛ by, among other things, ignoring concerns about Simelane. Former Speaker Frene Ginwala, who chaired the inquiry into the fitness for office of Simelane’s predecessor, Vusi Pikoli, said in her report at the end of that inquiry Simelane’s conduct ‚left much to be desired‛ and his testimony had been ‚contradictory and without basis in fact or law‛. Some years earlier, Simelane’s conduct during his time at the Competition Commission was criticised in a 2003 Supreme Court of Appeal judgment. And it also emerged that the General Council of the Bar was looking into Simelane’s conduct. None of these issues, Simelane argues in documents before the Constitutional Court, was fully canvassed during the earlier court proceedings. Instead, he argues, the Supreme Court of Appeal erred in finding that the president’s decision to appoint him could be reviewed or that he had failed to take all matters into account. Simelane also argues the Supreme Court of Appeal erred in ruling that the determination of a candidate’s fitness and propriety must be objectively determined. ‚It should instead have found that in appointing the NDPP, the president exercised a value judgement that is not amenable to review,‛ court documents say. ‚It should instead have found that the president must determine subjectively whether a candidate is appropriate for appointment.‛ Simelane also argues in the court documents the president has ‚a broad discretion‛ to adopt processes for the appointment as neither the constitution nor the National Prosecuting Authority Act set them out. He declined to comment. While the Constitutional Court case is under way, Simelane remains on leave and his post will continue to be filled in an acting capacity by advocate Nomgcobo Jiba, who has enjoyed a meteoric rise in the National Prosecuting Authority.

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This is one of several vacancies filled by acting staff in the top ranks of the criminal justice portfolio which arose in controversial, often politically sensitive, circumstances. This week the focus has relentlessly been on the police and the controversies swirling around crime intelligence boss Richard Mdluli, who is accused of misusing the secret service account, but is nevertheless widely touted as the next national police commissioner. Meanwhile, suspended national police commissioner General Bheki Cele is awaiting the outcome of an inquiry into his fitness for office triggered by the controversy over R1.7 billion police office leases. Lieutenant-General Nhlanhla Mkhwanazi is acting in his place. On Friday, the cabinet noted its concern over reports of high-level cases of crime and police involvement in criminal activities. However, Minister in the Presidency Collins Chabane said Mdluli had not been discussed specifically. ‚It cannot be on (the) cabinet agenda to discuss individuals,‛ he said. Other vacancies include the head of the Special Investigating Unit (SIU), following the redeployment of Willie Hofmeyr to the Asset Forfeiture Unit, the director-general of intelligence after the departure of Jeff Maqetuka and the heads of the State Security Agency and its domestic branch, Moe Shaik and Gibson Njenje respectively, amid tensions with their minister. With the exception of Shaik, these top jobs have been vacant for five or more months. This week, the Justice Department finally gazetted the acting appointment of advocate Nomvula Mokhatla to head the SIU, five months after Zuma’s choice, Willem Heath, resigned over his controversial statements that former president Thabo Mbeki had had a hand in prosecutions against Zuma. In relation to the SIU, which has uncovered billions of rand in corruption and misspending, presidential spokesman Mac Maharaj said the president would make an announcement ‚when he’s ready‛. ‚It is a matter he is very well aware of,‛ he added. Zuma will also have to make a decision regarding Cele, once he has the report of the board of inquiry. 6 May 2012 The Sunday Independent Page 5 Piet Rampedi

‘Sars Malema probe is a witch-hunt’

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An allay of Julius Malema has slammed the taxman’s judicial inquiry as a politically motivated witch-hunt, but has urged the former ANC Youth League president to co-operate. Businessman Sello Rasethaba – whose relative Thomas was subpoenaed – said the amount of resources dedicated to the inquiry was disproportionate. This came as Sars subpoenaed several Limpopo municipalities to bring documents and explain some of the questionable tenders, worth more than R400 million, awarded to companies associated with Malema and Limpopo premier Cassel Mathale’s allies, dating back to 2005. Rasethaba told The Sunday Independent yesterday that the ‚amount of resources being put in here for one taxpayer leaves much to be desired‛. ‚What is the return on investment for the taxman? But let us give them the benefit of the doubt; we will see later whether this is a good investment or a politically motivated inquiry. ‚These are trying times for Julius and we will urge him to co-operate with the law because he keeps on saying he has done nothing wrong,‛ he said. The subpoenaed municipalities included the Capricorn district municipality and the City of Polokwane. Fanisa Lamola, Polokwane municipal manager, confirmed yesterday that the city had been subpoenaed to the inquiry, adding she would personally attend. ‚The communiqué I got from Sars is that they need information, but they were not specific. Sars is a state institution and there is no reason for us not to co-operate,‛ she said. A former Polokwane municipal employee said Sars made the same tax-related inquiries regarding SGL and others in 2010. Capricorn mayor Lawrence Mapoulo also confirmed that the municipality would be going to the inquiry, but declined to comment further. However, an insider said Sars had summoned the Capricorn municipality to bring all documents related to tenders awarded to the 19 companies and several businessmen already subpoenaed. The source said Mapoulo was under pressure from some officials from the municipality’s legal division who were trying to convince him to withhold crucial information to protect Malema’s allies. ‚Mapoulo can’t (withhold information). Sars wants information about tenders (the municipality awarded) On-Point and SGL before he took over. They want to know what happened. But the mayor can’t agree to withhold information. For what? Just to defend comrades? No, the comradeship and the friendship would rather cease to exist,‛ said the source.

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Malema, whose name is expected to dominate the inquiry that commenced last week, was not subpoenaed. Seraj Ravad, an accountant for On-Point, also appeared before the inquiry. Malema’s trust partly owned On-Point. On-Point has been effectively in charge of Limpopo road contracts worth about R3.6 billion over three years, through its R51m project management unit tender. Ravad confirmed his appearance before Sars, but refused to divulge his submissions. ‚They were just asking a few questions and I answered them. I can’t divulge what I said because it was a secret inquiry. I was just a book-keeper and do not even have power of attorney. Speak to Sars,‛ he said. The Sunday Independent reported a fortnight ago that the taxman convened the inquiry after some business people and government officials refused to co-operate with it. The order to hold the inquiry – which is expected to draw the largest number of suspects in the history of tax investigations – was granted by Deputy Judge President of the Gauteng North High Court Willem van der Merwe on March 6. The inquiry is a judicial body set up in terms of the Income Tax Act and is headed by advocate Piet Marais SC. Those subpoenaed have been asked to bring tender-related documents such as share register and shareholder agreements, bank and financial statements, assets registers, debtor’s books and pay slips, among others.

4 May 2012

Business Day

Page 1

Editorial

Desperate at the top No two recent events better illustrate the poverty of political leadership in South Africa than the reinstatement of Lt-Gen Richard Mdluli as the police’s crime intelligence head despite a raft of charges and allegations around him, and the casual way in which the African National Congress (ANC) and labour federation Cosatu last week "agreed" to delay e-tolling in Gauteng for a month while government lawyers were arguing in court that such a delay would be a disaster.

This is President Jacob Zuma 's strange republic at work, a place where politics

trumps principle, the reputations of the state and its officers are of little account and

where no price is too high to pay for the re-election of Mr Zuma as head of his party

this year and of the country in 2014.

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Is the president laughing at us? The police force leadership is in tatters as his man, Lt-

Gen Mdluli, acquires new powers at a dizzying speed — one day it is control over

VIP protection (all the police who guard ministers and can thus tell him who they’ve

been seeing), the next he becomes the only policeman in the land able to sanction a

wire tap. South Africa’s credit rating is being directly threatened by Mr Zuma's

leadership on the Sanral issue. He must have sanctioned the party-union meeting

despite knowing his finance minister would be left humiliated by any decision to

delay the start of e-tolling.

It was entirely predictable that Cosatu’s political star would rise this year, after the

ANC Youth League’s falling out with the party’s leadership.

Without Cosatu’s backing Mr Zuma has little chance of being re-elected at the ANC’s

conference at Mangaung in December. And, if he loses his grip on the levers of

power, the odds are that the fraud and corruption charges that were controversially

withdrawn shortly before the 2009 election that elevated him to the Presidency, could

be reinstated.

Mr Zuma is acutely aware of how much he needs Cosatu. More important, Cosatu’s

wily general secretary, ZwelinzimaVavi, knows it too. That is why, in contrast to

2007 when the union federation threw its weight behind Mr Zuma as part of a

successful effort to oust Thabo Mbeki as ANC president at Polokwane, it now refuses

to pin its colours to the mast during the buildup to Mangaung.

Cosatu felt let down by the Zuma administration after the much-debated "lurch to the

left" at Polokwane was limited by the practicalities of governance, Mr Zuma’s need to

placate a range of constituencies with contradictory demands, and intense lobbying by

the youth league as representative of the party’s growing African nationalist faction.

Cosatu is not about to make the same mistake twice — Mr Zuma is going to have to

deliver the goods before he gets paid off this time.

This, of course, is how politics works the world over. But the fact that it is not unusual

does not mean its profoundly negative economic, political and constitutional

consequences should not be exposed. And, such political expediency cannot be

allowed to legitimise a cynical abuse of state institutions for party or individual

benefit. There is, unfortunately, mounting evidence of both occurring in South Africa

at present.

The government’s botched implementation of the Gauteng Freeway Improvement

Project provided Cosatu with an ideal opportunity to flex its muscles. Since public

transport was excluded from the e-tolling system, the vast majority of the revenue that

would have been collected would have come from businesses and the wealthier 40%

of Gauteng’s population, not predominantly from the "workers" Cosatu counts as its

constituency.

Nevertheless, the toll road concept is unpopular across class groups in Gauteng, and

just days before the e-toll gantries were scheduled to go live on May 1, Cosatu strong-

armed the ANC into "discussions" on the issue with the threat of a national strike.

With not even a pretence of differentiating between party and state, the ANC caved in

and announced that the launch would be delayed by a month for further consultation.

09 May 2012 73

That the high court granted an urgent interdict against the implementation of the

system subject to a full review only hours later, does not change the fact that the ANC

blinked first. Even as state lawyers were arguing that delaying it would be financially

disastrous, the party was glibly humiliating PravinGordhan by elevating the political

interests of one of its factions above the Treasury’s standing.

Similarly, while it is abundantly clear that the inflexibility of the labour market is

preventing businesses from hiring more young people in particular, this does not suit

Cosatu’s agenda of defending existing workers’ rights at all costs. Hence its loud

opposition to the proposed labour law amendments that are now before Parliament.

It emerged earlier in the week that another cozy "discussion" with the ANC has

resulted in agreement that clauses requiring that ballots be held before strikes can

begin, and expanding the list of essential service work categories whose right to strike

is limited, will be scrapped. If this is endorsed by ANC MPs it will make a complete

mockery of the long negotiation process recently in the National Economic

Development and Labour Council.

The question should be asked: who runs this country? The democratically elected

government, a particular faction of the ruling party, or Cosatu? Or is it the small

group of securocrats Mr Zuma has surrounded himself with in his desperate bid to

keep out of the courts?

The vicious power struggle that is playing out at present between police management,

crime intelligence and the prosecuting authorities is a chilling reminder that the abuse

of state institutions that was ostensibly Cosatu’s prime motivation for removing Mr

Mbeki, has got worse, not better, under Mr Zuma.

The manner in which investigations into the alleged criminal activities of Lt-Gen

Mdluli have repeatedly been stymied, and those trying to follow due process have

been undermined, points to political intervention at the highest level. The situation has

become untenable — a prosecutor has been shot at; the very future of the rule of law

and democratic accountability is at stake.

Yet Lt-Gen Mdluli has not only been reinstated to his powerful position, but it

emerges he has been handed sole responsibility for the police’s covert phone-tapping

activities. It was just such an intelligence tape that was used — almost certainly

illegally — by Mr Zuma’s lawyers to persuade prosecutors to drop the corruption

charges he faced.

The flagrant disregard for the constitutional safeguards that are supposed to check

individual power in our democracy has got to stop before irreparable damage is done.

But it is clear it won’t be Mr Zuma who does the stopping. Why do other senior ANC

leaders sit on their hands while the freedom they fought for is sacrificed to save one

man’s skin?

Like Cosatu, they are apparently hedging their bets as they manoeuvre in preparation

for the showdown at the end of the year. But by then it could be too late for them and

09 May 2012 74

South Africa. They have a tiger by the tail and will have to be extremely agile if they

wish to avoid being eaten as soon as they have outlived their usefulness.

4 May 2012

Business Day

Page 9

Paul Hoffman

Between constitution’s rock and ANC’s hard place IT IS said that a week is a long time in politics. Last week was a short week, and this week is even shorter for some, given the way the public holidays have fallen this year. But for the members of Parliament’s select committee on police matters, both weeks are bound to be long, given that they are devoted to debating what is turning out to be the mother of all clashes between the requirements of the constitution and the wishes of the executive.

The battle is over compliance with South Africa’s international and constitutional

obligations to maintain an independent and effective anticorruption entity.

This work used to be done by the Scorpions, but post-Polokwane, the Hawks, a unit in

the South African Police Service (SAPS), have been given the job of tackling

"priority crime", which includes corruption.

The Constitutional Court has ruled that the Hawks are not sufficiently operationally

and structurally independent to tackle corruption free from political interference. The

court has ordered Parliament to take remedial steps. The executive has placed the

SAPS Amendment Bill before Parliament as its suggestion for repairing the

legislative lacunae affecting the Hawks.

The African National Congress (ANC) members of the committee considering the bill

find themselves between the rock of the constitution and the hard place fashioned for

them by Luthuli House, with its "toe the party line or you will be fired" party-list

system. This is what proportional representation has spawned, to the detriment of

accountability, proper representation of the people and responsiveness to their needs.

A problem that has reared its head in the discussions on the bill is that the constitution

requires that the national commissioner of police has "control and management" of

the SAPS. As everyone knows, this official is a political appointee. If she or he is the

"boss" of the Hawks, the very mischief that the current legislation fails to address will

live on in the new dispensation in that the requirement of independence from political

interference and the need for an effective body will not be met. Hugh Glenister will

return to the Constitutional Court to complain that his hard-won order has not been

complied with and another confrontation between the wishes of the executive and the

values of the constitution will ensue.

Of course, it is theoretically possible to address this problem by reinventing the

national police commissioner as an ethical and professional nonpolitical appointee,

chosen in a manner reminiscent of a properly functioning Judicial Service

Commission. People who are properly placed to take on the duties and responsibilities

of the post by reason of their qualifications, experience and record of integrity and

09 May 2012 75

probity in the field of policing would be objectively identified for the job. This would

make a welcome change from Jackie Selebi, a politician now serving time for

corruption, BhekiCele, another politician now awaiting the verdict of a board

inquiring into his fitness for office, and even the current acting incumbent, who is

under investigation by the public protector because of maladministration and

criminality of which he has been accused.

The rot in SAPS does not stop there. Crime intelligence head Richard Mdluli is under

a wide-ranging corruption investigation by the inspector-general of intelligence (with

the public protector keeping a watching brief). Further up the hierarchy, things do not

look any better. The minister of police is under a cloud due to Mdluli-related

allegations of corruption on his part, which he has referred to the auditor-general for

investigation. His predicament will also form part of the material that the public

protector is investigating. President Jacob Zuma has 783 unresolved charges of

corruption against him, currently withdrawn, but the subject matter of a court

challenge by the Democratic Alliance, which could yet see them reinstated. Add

MenziSimelane, the soon to be replaced national director of public prosecutions, to

this mix and it is as plain as a pikestaff that the fish called "criminal justice

administration" is rotting from the head down.

Nor is this news. In the 2008 debate about the demise of the Scorpions, then deputy

justice minister Johnny de Lange described the system as "dysfunctional". That ought

to be a good reason to move the anticorruption body out of SAPS, but that is not what

was decided at Polokwane, nor does it suit those nervous people whose snouts are in

the corruption trough.

In this milieu, the select committee is being asked by the executive to rubber-stamp an

arrangement that tinkers cosmetically with the current Hawks setup in a politically

misguided and legally unsound effort to comply with a judgment that makes it clear

that what is needed to comply with the constitution is an effective and sufficiently

independent body to deal with corruption.

Part of the problem is that the executive is approaching the issues as if corruption is

just another manifestation of crime and merely a police matter. Corruption is much

more than that. In South Africa, it is an endemic disease, a way of life for too many

people and the way of doing business, especially business with the government. The

description of bribes as "commissions", "facilitation fees" or "necessary expenses" in

the business community may be euphemistic. It is not a way of addressing the

problems that corruption poses to the fabric of society. Unhindered corruption will

lead to a failed state.

The public protector has spoken of a corruption "tipping point" being reached. She

advocates the strengthening of public accountability, the reinforcing of transparency

and tackling the culture of impunity as the strategies for dealing with corruption.

The Council for the Advancement of the South African Constitution and the Institute

for Accountability in Southern Africa have submitted to the committee that the

anticorruption entity that is created by the new legislation should include preventative

and educative elements in addition to the usual police-type work of combating and

investigating corruption.

09 May 2012 76

Sara Gon of the Helen Suzman Foundation argued persuasively that the location of

the Hawks in the police cannot be constitutionally compliant, certainly not while

control and management of the police reside with the national commissioner.

Steven Budlender, representing three nongovernmental organisations, conceded under

questioning by the committee that it is not legally impossible to locate the Hawks in

the SAPS, but pointed out that it will be very difficult to do so.

The major part of this difficulty appears to be that the executive is comfortable with

the minister setting police policy and the national commissioner taking control and

management responsibility as a political appointee.

While this is so, Gon is right in her submission: Hawks answerable to the national

commissioner, the accounting officer of the SAPS, will not pass constitutional muster

because of the structural and operational opportunities for political interference and

influence inherent in the system as it is and as it will remain after the tweaking

envisaged in the bill by the executive.

At Mangaung, Luthuli House wants to tick the box next to the Polokwane resolution

that gave birth to the Hawks.

It would be far better if ANC branches embraced the essentially African notion of an

anticorruption commission.

Whether they are able do so in the prevailing circumstances remains to be seen.

4 May 2012

Mail and Guardian

Glynnis Underhill

Hawks' Mdluli probe finds second secret slush fund The anti-corruption Hawks unit has uncovered a concealed police bank account through which "vast sums" of money was allegedly illegally siphoned.

The account emerged from the Hawks' muted but ongoing investigation into fraud

claims against newly reinstated crime intelligence boss Richard Mdluli. It is separate

from the police secret service account, the subject of earlier allegations involving

Mdluli.

The latest discovery comes after previous fraud and murder charges were

controversially dropped against Mdluli by the National Prosecuting Authority.

The Mail & Guardian has established that the Hawks has continued to investigate the

high-ranking cop without his knowledge, on the basis that when there is alleged

criminality, the unit has a constitutional obligation to investigate.

09 May 2012 77

Two high-ranking sources familiar with the investigation confirmed the recent

discovery of the concealed police bank account, which was allegedly a "private-use

slush fund".

The M&G understands that in one instance, commission received on police vehicles

purchased for more than R40-million was placed in this concealed account and kept

secret. The investigation into the account is apparently at an early stage.

Using SS account personally

Mdluli was previously accused in an internal police report of allegedly plundering the

crime intelligence division's secret service account to buy cars, houses, holidays and

illegally employ his family members as covert agents.

The allegations about the secret service account have been dismissed as groundless by

Mdluli and were never tested in court.

Asked whether he knew he was still being investigated for fraud by the Hawks,

Mdluli responded by saying he was unaware of it.

"I do not know of any fraud investigation, except that the inspector general of

intelligence and auditor general are busy investigating the secret service account," he

said.

Police ministry spokesperson ZweliMnisi said: "The investigation into crime

intelligence is being carried out by a competent office of the inspector general of

intelligence and as such, if there are any new reports regarding such … we advise that

they be sent to her."

Asked why Mdluli was not suspended pending the investigations, Mnisi said: "In

terms of these other allegations, the presidency and the executive do not involve

themselves in operational matters such as the appointment or suspension of South

African Police Service managers."

Hawks debate

While the Hawks endeavour to investigate Mdluli, legislation regulating the unit was

this week debated in Parliament by the portfolio committee on police.

Members are deliberating whether the South African Police Service Amendment Bill,

in its current form, will satisfy the requirement by the Constitutional Court that it

protects the Hawks from political interference.

A Constitutional Court judgment, which arose after Johannesburg businessman Hugh

Glenister challenged the legislation, found chapter 6A of the South African Police

Service Act of 1995 to be constitutionally invalid because it failed to secure an

adequate degree of independence for the Hawks.

The debate comes amid speculation that Mdluli will be appointed national police

commissioner if BhekiCele is permanently ousted from his post.

09 May 2012 78

Cele is on suspension, awaiting the outcome of an inquiry into his fitness to hold

office.

If Mdluli takes over as national police commissioner, he would be the accounting

officer for the Hawks and would have ultimate authority over the unit.

Concern about his promotional prospects is growing in the police, the M&G was

informed.

"The Hawks cannot just make up these allegations against Mdluli. That would be

fraud and it would end up in court," said a respected police source. "Nobody is setting

up Mdluli.

There is no conspiracy against him."

Top police sources said that the Constitutional Court was right to worry about

insulating the Hawks from outside meddling.

Call for independence

Organisations such as the Open Society Foundation of South Africa, the Legal

Resources Centre and Corruption Watch are calling for the establishment of the

Hawks as a wholly independent institution, structurally akin to Chapter 9 institutions

such as the auditor general or the public protector.

The Hawks now fall under the South African Police Service, which many

organisations say is unacceptable, because the relationship between the national

police commissioner and the Hawks is particularly problematic for the independent

functioning of the corruption-busting unit.

Ironically, if the unit had remained under the National Prosecuting Authority, like the

disbanded Scorpions it replaced, the investigation into Mdluli would probably have

been stopped, current events have shown.

This week, the head of the specialised commercial crime unit in Pretoria, Glynnis

Breytenbach, was suspended a week after she sent a memorandum about Mdluli to the

acting head of the National Prosecuting Authority, Nomgcobo Jiba. In her memo, she

asked Jiba for further time to investigate the Mdluli fraud allegations and gave

reasons why the case should never have been withdrawn, the M&G was informed.

Breytenbach allegedly felt that she had more than enough evidence to prosecute. She

is said to be convinced that her suspension was a result of her memo to Jiba.

Ensuring Zuma's re-election

Asked why Mdluli had not been suspended pending all investigations and had been

reinstated in his key post, a high-ranking political source, who is sympathetic to the

Hawks, responded swiftly: "He is there to see that President Jacob Zuma is re-

elected."

Police sources said there was "always some sort of interference in high-profile

investigations". The Hawks probe of Mdluli was no different, but the unit was still

hoping to achieve a conviction in court, they said.

09 May 2012 79

"Today, everybody will be behind you and tomorrow nobody will be behind you,"

said another police source. "It is a bit of a roller coaster."

This week, it was also revealed in Parliament that Mdluli had shackled the Hawks

because they would first have to get permission from him if they wanted to approach

a judge to intercept a suspect's phone calls.

And it is alleged the police's top brass, including Hawks head Anwa Dramat, is

angered by accusations contained in a letter Mdluli wrote to Zuma alleging that his

bosses and senior colleagues were co-conspirators in a campaign to discredit him.

Police sources believe Mdluli is being protected by a network of high-ranking

political backers.

If this was not the case, they say, Hawks investigators would have been called to the

closed meeting of the joint standing committee for intelligence two weeks ago, which

was set up to discuss allegations against Mdluli regarding alleged abuses of the secret

services account. If called, they claim, they would have revealed "startling" new

allegations about the concealed police bank account.

Yet only Mdluli was summonsed to appear behind closed doors before the

parliamentary committee.

"Why does nobody want to hear about the investigation?" asked a senior police

source.

"The Hawks can only carry on investigating and hope justice will prevail in court."

Hawks spokesperson McIntosh Polela failed to respond to a question from the M&G

about the fraud investigation.