Monday, September 29, 2008

DA@WORK 29 September - the realignment of politics has begun

DA@WORK 29 September

OUR NEW PRESIDENT
Election to the highest office in the land brought with it great and
profound responsibility, said Democratic Alliance chairman Joe
Seremane to the newly elected president, Kgalema Motlanthe.

THE REALIGNMENT OF POLITICS HAS BEGUN
Many of the ministers resigning, including Trevor Manuel, Mosiuoa
Lekota and Ronnie Kasrils, had served their office with distinction.

MLAMBO-NGCUKA WAS A LEADER ON HIV/AIDS
Deputy President Phumzile Mlambo-Ngcuka who resigned last Monday was a
great leader when it came to dealing with HIV/Aids

DA CHALLENGES NEW SAFETY AND SECURITY MINISTER TO DELIVER
An effective plan to tackle crime must be one of the new government's top.

QUOTE OF THE WEEK

The decay of our state institutions, caused by infighting in the ANC
and the use of these institutions to wage political battles, partly
has its origins in conflicts triggered by the arms deal. President
Motlanthe can help to arrest that decay, and prove his commitment to
fighting corruption, by appointing a commission without delay.

DA Leader Helen Zille, writing in SA Today, calls for the new
President to appoint a commission of inquiry into the arms deal as
part of his programme of action.

OUR NEW PRESIDENT

Election to the highest office in the land brought with it great and
profound responsibility, said Democratic Alliance chairman Joe
Seremane to the newly elected president, Kgalema Motlanthe.

Kgalema Motlanthe was duly elected in the National Assembly last
Thursday as South Africa's next President to replace President Thabo
Mbeki.

Seremane said Motlanthe's most important responsibility should be to
rise above party-political interests and put the needs and aspirations
of the people of South Africa first.

"The country is crying out for resolute and strong leadership to
reduce the level of anxiety currently felt by a great many of our
people who have been deeply unsettled by the governing party's
internal power struggles, now playing themselves out on a national and
international stage," he said.

There were urgent challenges facing South Africa which had to be dealt with.

The new administration should therefore do away with a focus on
internal power struggles and rather turn its attention to issues that
mattered most to ordinary South Africans.

These included rampant crime and lawlessness, widespread and
devastating poverty, chronic levels of unemployment, the continuing
negative effects of HIV/Aids, the gradual erosion of general
infrastructure, and poor or non-existent service delivery.

"Dealing with these problems needs to become the nation's number one
priority, not the politics of revenge and hatred which we have
witnessed from within the ANC's ranks over the past week," Seremane
said.

Responding last Monday to the suggestion that Motlanthe was likely to
be the ANC's nominee, DA leader Helen Zille said this was the best
case scenario under the circumstances.

"Minister Motlanthe is perhaps the most level-headed and reasonable of
all the politicians in the Zuma camp. Unlike Zuma, he dared to stick
his head above the parapet and rebuke the ANC Youth League for its
menacing statements that it would 'shoot to kill' for the ANC
president," Zille said.

She added that the DA would hold him to statements committing himself
to the independence of the judiciary should he be elected president.


THE REALIGNMENT OF POLITICS HAS BEGUN

The resignation of fourteen Cabinet ministers loyal to President
Mbeki shows deep dissatisfaction with the ANC's decision to recall
President Thabo Mbeki, the leader of the Democratic Alliance, Helen
Zille, said last Tuesday.

"It is clear that behind the display of unity, there is deep
dissatisfaction with the ANC NEC's decision to recall the president,"
she said.

Many of the ministers resigning, including Trevor Manuel, Mosiuoa
Lekota and Ronnie Kasrils, had served their office with distinction.

"That the ANC is willing to sacrifice them and risk our country's
stability in order to wreak revenge on the President, speaks volumes
about its lack of commitment to stable government."

She said it was now time to radically realign the political landscape.

"We must bring together all of those in the opposition and in the
ruling party who believe in the supremacy of the Constitution and
build an alternative to Jacob Zuma's ANC."

"The Democratic Alliance (DA) will take this process forward with
those who share our vision for a non-racial, democratic and prosperous
South Africa in which all are equal before the law."


MLAMBO-NGCUKA WAS A LEADER ON HIV/AIDS

Deputy President Phumzile Mlambo-Ngcuka who resigned last Monday was a
great leader when it came to dealing with HIV/Aids, said the
Democratic Alliance.

"Unlike other members of the Cabinet, Phumzile Mlambo-Ngcuka gave
vital leadership in the fight against HIV/Aids," said DA leader Helen
Zille.

"Under her stewardship, the SA National Aids Council was revived; and
it has made meaningful input into a plan to halve the rate of HIV
infections by 2011."

Zille said that, although it had seemed the Deputy President could
rise above faction struggles in the African National Congress, in the
end she seemed to have fallen victim to them.

"This is regrettable, as she would have been a steady hand on the
tiller during this time of political uncertainty."

Zille said Mlambo-Ngcuka had shown good economic judgement and
commendable political will in trying to halve unemployment and poverty
by 2014 and tackling skill, shortages.

"She successfully helped to launch, guide, and promote, at home and
abroad, the Joint Initiative for Priority Skills Acquisition (JIPSA)
and the Accelerated and Shared Growth Initiative for South Africa
(Asgisa)."

Zille said some clouds would hang over Mlambo-Ngcuka's head regarding
her involvement in the "oilgate scandal" and her United Arab Emirates
trip at taxpayer's expense.

"In the main, however, she combined competence with common sense, and
her contribution to government will be missed," she said.


DA CHALLENGES NEW SAFETY AND SECURITY MINISTER TO DELIVER

The Democratic Alliance had identified ten key priorities for the new
Minister of Safety and Security, Nathi Mthethwa, party safety and
security spokesperson Dianne Kohler Barnard on Sunday.

"An effective plan to tackle crime must be one of the new government's
top concerns and the DA will be watching the new Minister's attention
to these priorities closely," she said.

"All South Africans have been affected by crime and all of us want to
see South Africa become a safer country, but with the SAPS conviction
rate for contact crimes at a lowly 19%, the Minister clearly has his
work cut out for him."

She challenged the new Minister on the top ten crime-related issues in
the country, including replacing National Police Commissioner Jackie
Selebi ; reinstating the specialised units such as the Narcotics
Bureau and the Family Violence, Child Abuse and Sexual Offences Units
and agreeing to retain the Scorpions.

"He must also commit himself to revamping the detective service with
high calibre officers and ensure that they have all the necessary
vehicles, equipment and resources as well as addressing border control
problems with a plan to seal our borders and enhance rural safety by
allocating sufficient personnel, suitable vehicles, radios and other
relevant equipment to border and rural areas," she said.

Other issues which needed addressing were backlogs at Forensic Science
Laboratories, violence in schools and improving the public's access to
crime statistics and the Independent Complaints Directorate (ICD) by
allocating it more funds and personnel.

"We call upon the new Minister to avoid taking cover behind a veil of
secrecy whenever tough questions are directed at him – he needs to
deliver on his responsibilities and simply accept that crime is one of
the most pressing issues for all South Africans," she said.


DID YOU KNOW

It was revealed in reply to a DA parliamentary question that South
African households owe local and district municipalities more than
R10-billion for services.

• At the end of June all 283 local and district municipalities across
the country were owed more than R18,4-billion by households,
businesses and various national government departments.

• Households were the major defaulters as they owed 60 percent
(R10,8-billion) of the total, followed by government departments at 20
percent (R3,6-billion) and businesses at 20 percent (R3,6-billion).

• "Of the total debt (of R18,4-billion), R15-billion had been
outstanding for over 90 days.

• Metros faced a similar problem - they were owed a combined fee of
more than R26,6-billion by private businesses, households and
government departments.

• Gauteng topped the list of provinces with outstanding debt - it was
owed R21,7-billion, followed by KwaZulu-Natal with R5,6-billion, the
Western Cape with R4,7-billion and the Free Sate with R3,8-billion.

• In the Eastern Cape, a total of R3,1-billion still needed to be
collected. In North West, R2,3-billion was outstanding, in Mpumalanga
R1,9-billion, in Limpopo R805 000, while Northern Cape municipalities
were owed R775 000.


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Saturday, September 27, 2008

Helen Zille - SA Today: A programme of action for President Kgalema Motlanthe

A weekly letter from the Leader of the Democratic Alliance 26 September 2008
A programme of action for President Kgalema Motlanthe


The new President of South Africa, Kgalema Motlanthe, must act quickly
and decisively to gain the confidence of the South African nation, and
demonstrate that he can rise above the factional power-plays of the
ruling party and govern in the interests of the people as a whole.
He must show that he is the leader of the nation, rather than the
chosen proxy for the leader of a victorious faction in the ruling
party, at whose behest he was elected President. And for that to
happen, he must, at the outset of his term in office, do two things
which are in the national interest but which will not serve the
self-interest of ANC President Jacob Zuma and his clique.
Firstly, he must announce the establishment of a judicial commission
of inquiry into the arms deal, headed by a judge nominated by the
Chief Justice.
In his verdict on the matter between Jacob Zuma vs. the National
Director of Public Prosecutions, Judge Chris Nicholson said of the
arms deal: "Only a commission of enquiry can properly rid our land of
this cancer that is devouring the body politic and the reputation for
integrity built up so assiduously after the fall of Apartheid".
This proposal – a key recommendation in a judgment which,
incidentally, was hailed by the Zuma camp as proof that our judiciary
is independent and that constitutional democracy is flourishing –
should be adopted by President Motlanthe. In fact, it is only right
and just that he should use his constitutional power to appoint such a
commission, headed by a judge nominated by the Chief Justice, so that
we can get to the whole truth.
The decay of our state institutions, caused by infighting in the ANC
and the use of these institutions to wage political battles, partly
has its origins in conflicts triggered by the arms deal. President
Motlanthe can help to arrest that decay, and prove his commitment to
fighting corruption, by appointing a commission without delay.
Secondly, President Motlanthe must state unequivocally that under his
administration there will be no 'political solution' to Zuma's legal
problems. Any attempt to broker a special political deal for Zuma
outside of the courts, with presidential consent, would be illegal and
unconstitutional, and would violate the oath of office taken by
President Motlanthe when he was sworn in by the Chief Justice
yesterday.
It would be a betrayal of his conscience, and a gross infringement of
the principle of equality before the law, if President Motlanthe
abused his power either to facilitate or condone a political
settlement for Zuma.
There is prima facie evidence that the ANC President accepted 783
bribes totalling R4.2 million over ten years. Zuma cannot credibly
occupy any office of state until a court of law has had a chance to
weigh the evidence and establish his innocence. A short-circuiting of
that process – especially one engineered by the Presidency, or one to
which it turned a blind eye – would confirm that the "recall" of
former President Thabo Mbeki was a cynical ploy by Zuma's supporters
to get their man off the hook without him having to face his day in
court.
Of course, President Motlanthe will also have to calm the political
storm that erupted on Saturday when Mbeki was recalled, and which
rumbled this week, after it was announced that a third of the Cabinet
had resigned. The manner and timing of that announcement surprised
South Africans, temporarily devalued the rand, shook local financial
markets, and revealed the breakdown of trust between the executive and
the ruling party.
Given that several Ministers from the Mbeki administration have been
included in the reshuffled Cabinet, President Motlanthe must ensure
that whatever tensions still exist between the executive and the ANC
do not negatively impact on governance and service delivery.
It is encouraging to see Trevor Manuel return as Finance Minister. The
appointment of Barbara Hogan as Minister of Health is a welcome
development. The redeployment of her predecessor, Manto
Tshabalala-Msimang, as Minister in the Presidency, is hard to justify
given her track record of incompetence. Perhaps her political survival
can be explained by the fact that her husband, Mendi Msimang, is a
former ANC treasurer, and knows a great deal about the financial
dealings and misdealings of the ruling party.
We note with interest that Brigitte Mabandla has been moved to Public
Enterprises, and made way for Enver Surty as Minister of Justice. This
is a critical portfolio in relation to the National Prosecuting
Authority, because in terms of legislation, the Minister of Justice
can request information from the NPA about pending prosecutions. The
DA will be watching Minister Surty closely to ensure he defends the
independence of the NPA and allows it to get on with its
constitutional mandate of instituting prosecutions where there is
prima facie evidence against any person, irrespective of his or her
political status.
For the rest, President Motlanthe's Cabinet is something of a mixed
bag, and it will have its work cut out to restore the integrity of
government in the short space of seven to ten months, when new
elections will have to be held. Even so, it must begin clearing the
debris left by the Mbeki administration, notably its policy failures
on crime, HIV/Aids, and job creation.
On crime, President Motlanthe can send a powerful message to South
Africans by distancing his government from the kind of denialism that
led the former Minister of Safety and Security, Charles Nqakula (now
inexplicably redeployed to Defence) to say that citizens tired of
crime could either "whinge until they are blue in the face" or "simply
leave this country".
The President and his new Minister, Nathi Mthethwa, must also work to
bring down levels of crime, improve conviction rates, and expedite the
review of the criminal justice system.
In the health portfolio, Barbara Hogan will bring a measure of
competence that Tshabalala-Msimang sorely lacked. Her challenge now is
to rid the Ministry of the last vestiges of denialism that sowed
confusion about how HIV/Aids is transmitted, hamstrung the universal
rollout of antiretroviral medication, and diminished South Africa's
reputation internationally.
Finally, it is time for President Motlanthe to revisit the debate on
labour market reform initiated by Jacob Zuma last year, when the ANC
President called for greater labour market flexibility on the grounds
that restrictive labour laws were "counting out the poorest of the
poor" from the job market.
A considerable weight rests on President Motlanthe's shoulders. His
past words and deeds suggest that he might bring a level-headed
approach to government and exercise a stabilising effect on our
national politics which have been taken to the brink by his colleagues
in the ruling party. But he must distance himself immediately from
their power-plays, and govern in the interests of South Africa rather
than the interests of the Jacob Zuma camp.


Best Wishes

Friday, September 26, 2008

Ratepayers Newsletter - September 26 , 2008

Weekly news bulletin of interest to ratepayers and tax-payers
Number 3
Friday September 26, 2008

In Durban, there is still tremendous confusion about what charges are
being levied for what. Here is an attempt to explain:
1. Your property has been given a market-related valuation.
2. Your rates are worked out as .009% of that valuation. Therefore
a R1 million property will pay rates of R9 000 per year, divided into
twelve months.
3. The first R120 000 of your property is rates-free, so you must
calculate your rates on the remainder. This is also true of pensioners'
rebates and other concessions.
4. Sewage and refuse are worked out as a percentage of your rates -
20% and 11% respectively. So, if your rates are R800 per month, 20% of
that is your sewage and 11% of that is your refuse removal.

However, this is where problems are creeping in. Many properties in
Durban do not have city sewage. The situation has arisen, therefore,
that even though the sewage is not individually charged, it is still
included in your rates. So, even people who do not have sewage are
being charged for it. People who have these green Wheelie Bin contracts
with the city are also still being charged for refuse removal as this is
part of their rates. A resident of Durban has asked the municipality
for an explanation as to how these charges can attract VAT, as it is
illegal to charge VAT on a tax. We are still waiting for a satisfactory
response from the city.

These are just some of the anomalies that are arising because of the new
rates policy. Anyone with other examples of problems with this new
billing system are asked to contact us. The Combined Ratepayers
Association (CRA) is gathering evidence about all these shortcomings in
order to call for a rethink of this legislation.

The CRA is still waiting for a response from the Mayor and the Speaker
as a result of last week's meeting - this will be followed up soon.
Lilian Develing of the Hillcrest Ratepayers Association has been going
through the evaluation roll and has turned up many discrepancies that
were brought to the council's attention up to four years ago. They have
still not been corrected. The same company that did Durban's valuations
were also responsible for doing the valuations for Nelson Mandela Bay
Metro (Port Elizabeth) and a recent newspaper report from the Eastern
Cape identified the process as being 'chaotic'. It appears that PE,
along with other towns that had their valuations done by the same
company, are experiencing the same problems as Durban.

With regard to the evaluations process, here is what you can do:
1. If you do not agree with the valuation, lodge an objection.
2. If the objection is overruled, you must ask in writing for an
explanation as to why the objection was overruled.
3. Once you have received the reason in writing, you can lodge an
appeal. You have thirty days to do so.
4. Regardless of where you are in the above process, it is
recommended that you call a formal dispute with the municipality over
your bill. This will prevent the municipality from taking any action
against you if you do not pay your full account.

For more information on your rights and responsibilities as a ratepayer,
go to the CRA website www.cra-durban.co.za
<http://www.cra-durban.co.za/>

PS - Residents who are dissatisfied with municipal service are also
urged to cancel their subscription to MetroBeat.

Any ratepayers association from anywhere in South Africa is also
encouraged to send their ratepayers' news to the writer of this
newsletter, so that it can be gathered into the weekly bulletin.

What's happening across South Africa:

National Ratepayers and Taxpayers news:

There is growing resistance all over South Africa to municipal
mismanagement, and there is growing conviction that withholding rates
and taxes is the only option left to compel municipalities to improve
their service delivery and accountability to the public. There have
been several success stories in this regard, the most recent being Mooi
River. The number of towns declaring disputes against their management
is growing, with three more having joined in this week (East London,
Kareedouw and Frankfort).

Many towns across South Africa have declared disputes with their local
municipalities and are withholding rates, with varying degrees of
success. However, until recently several Constitutional experts were
quoted as saying that withholding rates is illegal. This has now
changed, as these experts now claim that their remarks have been
mis-interpreted. There are indeed grounds for the withholding of rates.
Rates can be redirected in the case of an 'emergency'. What constitutes
an emergency, no-one yet knows. The major point with all these legal
experts, is that the new municipal laws have been insufficiently tested
and therefore are still open to interpretation. Despite almost fifty
towns being in dispute across South Africa, and many of them withholding
rates completely, not one action by any municipality against these
disputers has been successful.

Bethlehem: an internal auditor in the Bethlehem Municipality recently
wrote a letter to the council, in which he stated that the town's
finances were in such disarray that 'God has forsaken this place'. This
is being used as a reason why the Bethlehem community are about to
declare a dispute with their municipality, citing the complete breakdown
of services in the town as a reason.

There are many other issues of relevance to ratepayers across South
Africa, and we will attempt to keep you informed on a weekly basis.
Please forward this mail to anyone who might be interested in this news.
If you want back-copies of this bulletin, please contact the writer at
nikimoore@webstorm.co.za

Enviro-Matters: Issue 5

SEPTEMBER 2008 – ISSUE #5
In this issue:
INTRODUCTORY LETTER

DA SUPPORTS THE ENVIRONMENTAL LAWS AMENDMENT BILL

DA SUPPORTS THE PROTECTED AREAS AMENDMENT BILL

DA DISAPPOINTED BY DECISION TO MINE WILD COAST

HIGH VACANCY RATE FOR EIA STAFF IN GOVERNMENT DEPARTMENTS

DA DISAPPOINTED THAT G8 DID NOT COMMIT TO MORE DRAMATIC REDUCTION IN
CARBON EMISSIONS

WHY HAS THE MINISTER NOT CONCLUDED AIRPORT APPEALS PROCESS?

DA QUESTIONS SUSPENSION OF OFFICIALS INVOLVED WITH FLAMINGOS AT KAMFERS DAM

DA REACTS TO SUSPENSION OF THE BOARD OF EZEMVELO KZN WILDLIFE

DA CALLS FOR COMMISSION OF INQUIRY INTO GAUTENG DEVELOPMENTS

DA CALLS FOR RESIGNATION OF NORTH WEST PARKS AND TOURISM BOARD

INTRODUCTORY LETTER

Greetings

This edition of Enviro Matters comes to you at a time of considerable
upheavals in government. By the time you read this, there will be a
new President of the Republic and, in the days ahead, a number of new
Cabinet appointments will be made. In this time of uncertainty, the
oversight of government must continue. Political changes cannot be
allowed to undermine service delivery on the ground.

The Department of Environmental Affairs and Tourism has a new
Director-General, Mrs. Nosipho Jezile-Ngcaba. Mrs Jezile-Ngcaba had
previously been the acting DG of the Department since the departure of
Ms Pam Yako earlier in the year. I am confident that Mrs Jezile-Ngcaba
is the correct person for this challenging position. At the time of
her appointment I encouraged Mrs Jezile-Ngcaba to mainstream the
National Strategy on Sustainable Development, yet to be approved by
Cabinet, across all departments in government. This matter has been
dragging on for far too long.

One of the most significant announcements by government in recent
months was that a series of carbon taxes are being considered. I have
welcomed this initiative. Details remain sketchy, but I have suggested
that government should, among other things, ensure that revenues from
carbon taxes are ring-fenced for projects involving renewable energy,
energy efficiency, and research and development. If government is
going to induce behaviour-change, then producers and consumers must
have the assurance that their taxes are being spent on projects that
will reduce the country's carbon footprint.

This edition of Enviro Matters includes news from the DA in a number
of provinces reflecting the variety of issues that the party is taking
up, and the role that our public representatives are playing in
holding the government to account. Our increased focus on matters
related to improving environmental protection and sustainable
development is reflected in the fact that, thus far this year, the
Minister of Environmental Affairs has been asked exactly 100
parliamentary questions, making him one of the top three most
questioned Ministers by the DA in parliament.

Kind Regards

Gareth Morgan MP

DA SPOKESPERSON ON ENVIRONMENTAL AFFAIRS

Back to menu >>


DA SUPPORTS THE ENVIRONMENTAL LAWS AMENDMENT BILL

In September, the Democratic Alliance supported the passing of the
Environmental Laws Amendment Bill.

Speaking in parliament, DA spokesperson on environmental affairs
Gareth Morgan noted that the Bill simultaneously amended six pieces of
environmental legislation.

"Several of the bills, including the Atmospheric Pollution Prevention
Act, the Environment Conservation Act, National Environmental
Management Amendment (NEMA) and the Protected Areas Act are amended to
increase penalties for offences. It is common cause that higher
penalties will act as a greater deterrent for individuals or entities
that consider perpetrating environmental crimes. In most cases, both
the monetary fines and jail sentences are significantly ramped up, and
the DA fully supports these steps."

Morgan said that the issue of remedial costs for pollution was the
subject of considerable debate in the committee.

"Under the amendment bill, if a person fails to comply with a
directive to remediate pollution the authorities are able to take
measures to rectify the situation, which includes claiming
anticipatory costs. The DA was concerned with the open-ended nature of
the original proposed amendment, but supported it in principle. I am
considerably more comfortable with it now that it has limited costs to
'costs for reasonable remedial measures to be undertaken'," he said.

"The new Bill also guarantees that retrospective application is
ensured. I hope that the numerous polluters who have not taken
responsibility for pollution prior to NEMA being promulgated take
action before the Green Scorpions come knocking on their doors."

Morgan congratulated the new Head of the Environmental Management
Inspectorate, Mrs Frances Craigie on her appointment, saying that he
hoped she would take the Green Scorpions forward, and concentrate on
prosecuting those entities that commit pollution-related crimes.

"I would also like to suggest that the work of training magistrates
about the intricacies of environmental law be further advanced. It is
one thing having good environmental laws that exist on paper. We need
the judiciary to help enforce them," he said.

Back to menu >>

DA SUPPORTS THE PROTECTED AREAS AMENDMENT BILL

In a debate in the National Assembly in September, DA spokesperson on
environmental affairs, Gareth Morgan said that South Africa's
protected areas were national assets and a haven for biodiversity and
heritage.

"It is important that our parks are well funded, that they create
opportunities for wealth creation, and that opportunities to access
these parks, particularly from poor communities, are maximised," said
Morgan.

Morgan said that one of the amendments contained in the Bill provided
for flight corridors over protected areas to be regulated.

The DA had argued that the original proposed provisions in the Bill
were not strict enough, as they provided too much discretion to park
authorities. However, it now provides for the need for environmental
authorisations for flight corridors in terms of section 24 of the
NEMA.

"This means that the parks will be obliged to use an EIA or similar
environmental management tool when establishing such corridors," said
Morgan.

Morgan said that the clause related to provisions for the dissolution
of SANParks caused considerable consternation from many members of the
public who made submissions, mainly because it conceivably allowed for
national parks to be transferred to private entities.

"My personal opinion is that there was no malicious intent by the
Department in its original drafting, as SANParks needed to comply with
the Income Tax Act in this regard. But, I agreed that the provision
needed to be strengthened, and the committee subsequently amended the
clause to reflect that, if dissolution occurred, the assets would be
transferred to the State or to an equivalent Schedule 3A Public Entity
contemplated in the PFMA."

"For good measure, the committee also added that, if SANParks was ever
to be wound up, it should be done by an Act of Parliament. All
stakeholders, I believe, were satisfied with these amendments which
reinforce the view that our national parks belong to all South
Africans," said Morgan.


Back to menu >>


DA DISAPPOINTED BY DECISION TO MINE WILD COAST


In August, the DA noted with disappointment the decision by the
Department of Minerals and Energy to grant a right to a mining company
that intended to mine a portion of land in Xolobeni in the Eastern
Cape.

"The granting of this mining right will see the creation of only a few
hundred jobs at most, and it will negate the sustainable option of job
creation on a massive level through opportunities from eco-tourism,"
said the Leader of the Opposition in parliament, Sandra Botha.

Since the initial announcement by the Minister of Minerals and Energy,
it appeared that the Minister was beginning to reconsider her decision
to grant the mining right. This followed two recent visits by the
Minister to the affected area.

Meanwhile DA spokesperson on environmental affairs Gareth Morgan has
raised questions about why the Minister of Environmental Affairs and
Tourism has been so quiet on this issue. He said that the Minister's
legacy was at stake if the mining went ahead.

Morgan drew attention to various conservation and tourism projects
that were either underway or had been mooted by the Department of
Environmental Affairs and Tourism, including the establishment of the
Pondoland National Park. He also reminded the Minister of a reply to a
DA parliamentary question in September 2007, in which the Minister
noted that SA Tourism had conducted a Global Competitiveness Study
which identified the lower and upper Wild Coast as priority areas for
tourism development.

"It is worth remembering the strong words of the former Minister of
Environmental Affairs, Valli Moosa, who said on the matter of mining
the Wild Coast that it would 'irreparably ruin the area and spell the
death of an eco-tourism asset whose long-term sustainability far
outweighs the economic benefits of mining'", said Morgan.

"The DA agrees with the former Minister."

Back to menu >>

HIGH VACANCY RATE FOR EIA STAFF IN GOVERNMENT DEPARTMENTS

In reply to a DA parliamentary question, it was revealed that an
unacceptably high number of vacancies persist in the government
departments that deal with Environmental Impact Assessment (EIA)
applications. 44% of posts established to process EIAs are currently
vacant.

"The vacancies are particularly acute in a number of provinces
including Limpopo (73% vacancy rate), Mpumalanga (63% vacancy rate),
Free State (52% vacancy rate), Gauteng (44% vacancy rate), and North
West (43% vacancy rate). In total, there are 138 posts standing
unfilled across South Africa. KZN province did not return figures, but
a year ago the vacancy rate was approximately 50%," said DA
spokesperson on environmental affairs Gareth Morgan.

"The answer to this parliamentary question shows that problems with
slow EIAs are not necessarily with the instruments themselves, but
also with incapacity of the departments that assess applications."

Morgan said that the national department had several initiatives to
train EIA practitioners, also known as Environment Officer Cadres, in
the provinces, but it is clear that more needed to be done.

"These officers possess scarce skills, and the Minister needs to
redouble efforts to encourage more graduates to enter this field. As
the Minister acknowledges, competition with the private sector for
these skills is fierce, so it is self-evident that the conditions of
service of these practitioners needs to be improved."

Morgan said that, in light of the 2006 State of the Environment
Report, which noted a general decline in the health of South Africa's
environment, it was imperative that these positions in the provinces
be filled as soon as possible.

Back to menu >>

DA DISAPPOINTED THAT G8 DID NOT COMMIT TO MORE DRAMATIC REDUCTION IN
CARBON EMISSIONS

The DA expressed its disappointment with the response of G8 leaders to
the climate change challenge in July.

"Their commitment to a 50% reduction in emissions by 2050 is
meaningless without a base year," said member of the G8+5 climate
dialogue and DA spokesperson on environmental affairs Gareth Morgan.

"Further, if these major emitters are to subscribe to the science of
climate change, then their reductions should be even greater by 2050."

Morgan said that the window of opportunity for a substantial climate
change response was closing and that it had been hoped that the G8
summit would set the groundwork for the negotiations leading up to the
next Conference of the Parties in Copenhagen in late 2009.

"The principle of historic and differentiated responsibility means
that developed countries need to take on the bulk of absolute
reductions in emissions through mitigation targets. While developing
countries should take some mitigation action in the period going
forward, the announcement by the G8 leaders is not going to provide
the necessary confidence building measures that developing countries
require to enter into a meaningful post-2012 climate framework," he
said.

Morgan said that legislators from the G8+5, including a cross-party
delegation from South Africa, met the week prior to the G8 Heads of
State Meeting, and drew up a substantial communiqué.

"This was a consensus document that, among other things, called on the
G8 to commit to mid-term targets as well as a long term goal. Most
notably, our communiqué called for a 25-40% reduction in emissions on
1990 levels by 2020. This has been ignored by the G8 leaders, despite
legislators from their own countries calling for it," he said.

"The DA believes that the South African government has taken the
correct positions on these matters, and calls on the Minister of
Environmental Affairs and Tourism to continue his efforts at ensuring
greater commitments by the developed world to dealing with climate
change."

In related news, Morgan had the opportunity to question former UK
Prime Minister Tony Blair at the G8+5 Climate Dialogue on matters
related to funding for adaptation to climate change. Blair is now
involved in an initiative to get CEOs of major corporations interested
in responding to climate change.

Back to menu >>

WHY HAS THE MINISTER NOT CONCLUDED AIRPORT APPEALS PROCESS?

The DA has taken the Minister of Environmental Affairs and Tourism
Marthinus van Schalkwyk to task for not ruling on the appeals against
the record of decision for the construction of the new King Shaka
International airport, despite the deadline for appeals having been
closed more than nine months ago. Meanwhile, the construction of the
airport has been steaming ahead.

DA spokesperson on environmental affairs Gareth Morgan said in
parliament in June that the delay was making a mockery of the EIA
process.

"The Minister is making a ruling on the appeals against the
development application of ACSA, essentially a state-owned entity. The
longer this process drags out, the more it looks like he is favouring
an organ of state," said Morgan.

In late August, Morgan wrote to the Minister urging him to rule on the appeals.

"Surely it is better to cause remedial action on any problem areas as
soon as possible. A ruling on the appeals sooner rather than later
would allow stakeholders to engage with the substance of your ruling."

Morgan assured the Minister that his attempts to pursue the matter
were motivated by attempting to create a 'win-win situation'.

"My belief is that, the longer your ruling is delayed, the harder it
becomes to seek remedial efforts, if such efforts are required," wrote
Morgan.

The Minister responded in writing in September noting that he shared
Morgan's concern regarding the time it was taking to consider the
appeals.

"You will appreciate that this matter is complex and also very costly
and that, like you, I am also attempting to find a 'win-win' solution.
Balancing the respective arguments and rights of the parties to this
decision requires adequate consideration of all the facts and
circumstances," said Van Schalkwyk

"Please be assured however that I will nevertheless endeavour to
expedite my decision on this matter as far as is possible," wrote the
Minister.

Back to menu >>

DA QUESTIONS SUSPENSION OF OFFICIALS INVOLVED WITH FLAMINGOS AT KAMFERS DAM

In August, the DA in the Northern Cape questioned the suspension of
three senior officials from the Department of Tourism, Environment and
Nature Conservation in the province.

"It is believed that these officials were suspended because of their
alleged involvement, both on a personal and departmental level, in the
flamingo saga at Kamfers Dam," said DA spokesperson on conservation in
the Northern Cape Dr Chris Liebenberg.

"The area adjacent to Kamfers Dam, home to the largest population of
flamingos in South Africa, is subject to a development application.
The current water quality of the dam is also a matter of considerable
concern."

"The question is, was their suspension politically motivated and, if
so, why? And secondly, what promises were made to the developers by
politicians?" said Liebenberg.

In light of the suspension of these officials, DA spokesperson on
environmental affairs Gareth Morgan asked the Minister of
Environmental Affairs whether he would consider becoming the competent
authority for this particular development application.

The Minister replied, noting that this application did not trigger any
of the requirements in section 24C of the National Environmental
Management Act which would make it an issue of national competency.

DA spokesperson on water affairs Mpowele Swathe subsequently
questioned the Minister of Water Affairs and Forestry on what efforts
were being taken to mitigate the flow of partially treated sewage into
Kamfers Dam. The Minister responded that short term 'crisis
interventions' were currently underway and that long term
interventions were in an integrated planning stage.

Back to menu >>


DA REACTS TO SUSPENSION OF THE BOARD OF EZEMVELO KZN WILDLIFE

The DA welcomed the suspension in late September of the entire board
of Ezemvelo KZN Wildlife following recent disclosures in the
provincial legislature that nearly 50 Ezemvelo staff members would
face criminal prosecution or disciplinary action for fraud, corruption
and other offences.

"The controversy and mismanagement surrounding this once prized
provincial asset has boiled over and accountability should not be
limited to Ezemvelo board members," said DA spokesperson on
conservation in KZN Margaret Ambler-Moore.

"The MEC for Agriculture and Environmental Affairs, Mr Mthimkhulu,
must shoulder his share of responsibility for Ezemvelo's troubles and
for any public monies that may have been misappropriated as a result
of inaction on his part."

In answer to a parliamentary question in May 2005, the DA learnt that
board members had been transacting with Ezemvelo. Mr P. Shangase
received R378 000 over an 18 month period for services provided to
Ezemvelo by his company AP Shangase and Associates. Mr I. Lax received
R32 250 in that year for legal services he provided to Ezemvelo.

"The official written response from the then – MEC, Mr Ndabandaba, and
HOD Dr Mjwara was that 'there has never been a policy which stipulates
that members of the board may not supply services to the organisation
(Ezemvelo)'. This was strongly condemned by the DA in portfolio
committee meetings at the time, but as a result of inaction by
successive MECs, HODs and the Agriculture Department, Mr Shangase, Mr
Lax and/or other board members have been free to contract with the
same organisation that they serve in a fiduciary capacity for the last
three years," said Ambler-Moore.

"It is tragic that a once world-renowned conservation agency has seen
its entire board suspended, its CEO demoted for drunk driving, and 47
employees fingered for fraud and theft," she said.

"The future leadership of Ezemvelo must recapture the commitment to
conservation that was a hallmark of previous conservation agencies in
the province."

Back to menu >>

DA CALLS FOR COMMISSION OF INQUIRY INTO GAUTENG DEVELOPMENTS

The DA has once again called on Gauteng Premier Mbhazima Shilowa to
initiate a commission of inquiry into various records of decisions
made by MEC for Agriculture, Conservation and Environment, Khabisi
Mosunkutu. A similar request was made of the Premier earlier this
year, however, he said there was no basis for such an inquiry.

The party had earlier accused Mosunkutu of overruling environmental
expert advice in his department against particular developments, in
some cases after personally meeting developers.

The renewed call for a commission of inquiry followed Gauteng
integrity commissioner Jules Browde's recent finding that evidence
presented "demanded a comprehensive inquiry" into decisions made by
the MEC. Browde had been investigating allegations that Mosunkutu had
earlier this year threatened two DA MPLs, Hendrika Kruger and Paul
Willemburg, and had ejected them from a media briefing.

MEC Mosunkutu was reported to have said to the DA MPLs in the briefing
in question: "Now, you know I am the sort of person who does not issue
a warning and not carry it out. I hope, friends, you have — eh —
sufficient resources…If you don't, (and you) go and lose, and you lose
spectacularly, (the) possibility is that I might take your house. I
will also help you look for an alternative for your kids, in some
orphanage, because that's (only fair). But I might just take your
house, or your car, if you don't have sufficient resources. So I hope
you have enough."

Mosunkutu was found to have breached the code of conduct and
subsequently apologised.

"A proper inquiry is needed into this department; otherwise the cloud
of suspicion will persist. Shilowa should heed the opinion of Browde
and set up an inquiry as soon as possible," said DA leader in the
Gauteng legislature Jack Bloom.

Back to menu >>

DA CALLS FOR RESIGNATION OF NORTH WEST PARKS AND TOURISM BOARD

In September, the DA called for the resignation of the members of the
North West Parks and Tourism Board. This followed a report of the
Auditor-General (AG) on the findings of an investigation into the
possible conflict of interest by officials of the Board relating to
the procurement of goods and services.

The investigation had been initiated by the Public Accounts Committee
after DA provincial leader and spokesperson for conservation in the
North West Chris Hattingh raised various allegations in the committee
in June 2007.

"The AG's report confirmed, among other things, that various employees
of the Board had not declared their interests in companies and/or
close corporations, nor had they received approval to perform other
remunerative work," said Hattingh.

"Six entities connected to employees of the North-West Parks and
Tourism Board had been found to be doing business with the Board."

The DA welcomed the recommendation that all employees listed in the
report should declare interest in companies or close corporations.

"The report of the AG indicates gross anomalies. It is a disgrace to
see a government entity that people have placed so much trust and
faith in, exploit this trust," said Hattingh.

"If the Board fails to resign, the DA will put forward a motion in the
legislature calling for their immediate replacement."

Back to menu >>


DID YOU KNOW?
How does paper wastage contribute to our carbon footprint?
• Worldwide, the pulp and paper industry is the fifth largest
industrial consumer of energy.
• Producing recycled paper uses up to 70% less energy than virgin
paper, as well as using far less water.
• According to environmental charities, for every tonne of 100%
post-consumer recycled paper purchased instead of virgin fibre paper,
we save at least 30,000 litres of water and 3000 - 4000 KWh of
electricity, which is enough power to run an average three bedroom
house for one year.
• Nearly 80% of the world's original old growth forests have been
logged or severely degraded.
• 34% of documents printed are used for less than 5 minutes, while 22%
are never used.

Tuesday, September 23, 2008

ZILLE - MBEKI'S OUSTING MAY SIGNAL END OF THE ANC'S DOMINANCE

STATEMENT BY HELEN ZILLE

LEADER OF THE DEMOCRATIC ALLIANCE

Mbeki's ousting may signal end of the ANC's dominance

Release, immediate: Sunday, 21 September 2008

President Mbeki made a dignified resignation speech. He used the
opportunity to spell out the points of his Presidency for which he
wishes to be remembered, and to differ with the opinion expressed by
Judge Chris Nicholson in the judgment of 12 September 2008. This
judgment gave the Jacob Zuma faction the reason it had been seeking
for a long time to oust President Mbeki and seize power so that they
can impose a political solution to avoid Zuma having to face his day
in court.

In his statement, Mbeki demonstrated respect for a court judgment,
even though he has not been given a chance to state his case in court.
This contrasts sharply with the response of Jacob Zuma and his
followers, who only respect court judgments that are in their favour,
and vilify and defy the judiciary if they are not.

The dignified way in which Thabo Mbeki handled his exit gives us hope
that there will be some continuity in government between now and the
next election. We must now look ahead and consider what is in the best
interests of our country. Above all else, it is crucial that there is
stability in government. An all out purge of Ministers, particularly
those that have carried out their jobs effectively, would have
disastrous consequences for delivery. This must be avoided at all
costs.

The President's forced resignation is clearly motivated by the ANC's
stated aim to find a 'political solution' to Jacob Zuma's legal
problems. The incoming President must make a commitment that he or she
will not interfere with the National Prosecuting Authority's decision
to appeal Judge Chris Nicholson's judgment or any further efforts by
the NPA to prosecute Jacob Zuma for the alleged 783 bribes he
received.

Mbeki's conciliatory tone belies the deep divisions in the ruling
party; his ousting may prove to be the undoing of the ANC's electoral
dominance. We must now show South Africa that there is an alternative
to the political thuggery that has come to characterise the ANC.

The vicious way in which Mbeki was forced out by his enemies has
shocked the nation. As a result, the ANC stands irrevocably divided
and so do its supporters. Ironically President Mbeki spoke about the
value of Ubuntu, which has clearly been denied to him by his own
party.

I have long called for a realignment of politics to unite all South
Africans who wish to defend the constitution and the gains of our
democracy. We must stand together to resist the war-talking
anti-constitutionalists that have taken over the ANC. This time is now
upon us. We will redouble our efforts to bring together all those who
believe in the Constitution to challenge the power hunger and power
abuse of Jacob Zuma's ANC.

President Mbeki leaves a chequered legacy. His denialism of HIV/Aids
and crime cost thousands of lives; he undermined his own vision of an
African renaissance by siding with despots on the continent; and, by
eschewing Nelson Mandela's nation-building project, he has left South
Africa more divided than when he assumed office.

But, for all his faults, Thabo Mbeki must be praised for his sound
stewardship of the economy. Under his watch, South Africa experienced
its longest sustained period of economic growth, albeit in a benign
international economic climate.

All new democracies go through periods of political turbulence. The
future depends on how we react to the tumult. This is a time for bold
leadership and fresh thinking. If we make the right decisions, South
Africa's democracy can emerge stronger than before. This is our
challenge and we must not fail.

Monday, September 22, 2008

DA@WORK 22 September - SA: the road ahead

DA@WORK 22 September

MBEKI'S OUSTING MAY SIGNAL END OF ANC'S DOMINANCE
President Thabo Mbeki's dignified resignation speech has helped calm
South Africans in the wake of his departure from office. It was
crucial for Mbeki to convey a message that there would be stability in
government after his departure.

ZUMA JUDGEMENT: THE ROAD AHEAD
A number of measures could be taken to ensure transgressors were held
to account, that justice was served and that independent state
institutions were protected from undue political influence.

FLAWED INVESTIGATIONS FREE CRIMINALS
Failure by government to address weaknesses in the police's detective
service has allowed criminals to go unpunished.

COULD NEW DEAL BE THE BEGINNING OF STABILITY IN ZIM?
While the signing of the deal was the first significant ray of hope
for the future stability of Zimbabwe, Leon voiced concerned about the
durability of the deal.

QUOTE OF THE WEEK

The success of our Paralympics team in Beijing is a shining example of
the extraordinary talent that South Africa possesses - our
Paralympians have shown incredible determination, perseverance and
dedication throughout the games – values which all South Africans
should emulate in our efforts to build a prosperous and winning
nation.

James Masango congratulates the South African paralymic team on their
stellar performance in at the 2008 Paralympic Games in Beijing -the
team finished in sixth position with 21 gold medals, 3 silver medals
and 6 bronze medals.

MBEKI'S OUSTING MAY SIGNAL END OF ANC'S DOMINANCE

President Thabo Mbeki's dignified resignation speech has helped calm
South Africans in the wake of his departure from office, Democratic
Alliance leader Helen Zille said on Sunday.

She said that Mbeki had used his live resignation speech on television
as the opportunity to spell out the legacy for which he would like to
be remembered and to differ with Judge Chris Nicholson's inference
that HE may have interfered in the National Prosecuting Authority's
prosecution of Zuma.

"This judgment gave the Zuma faction the reason it had been seeking
for a long time to oust Mbeki and seize power so that they can impose
a political solution to avoid Zuma having to face his day in court,"
she said.

"The dignified way in which Thabo Mbeki handled his exit gives us hope
that there will be some continuity in government between now and the
next election," she said in a statement.

It was crucial for Mbeki to convey a message that there would be
stability in government after his departure.

"We must now look ahead and consider what is in the best interests of
our country," she said.

While Mbeki had made some blunders, it was important not to lose sight
of his achievements.

"For all his faults, Thabo Mbeki must be praised for his sound
stewardship of the economy - under his watch, South Africa experienced
its longest sustained period of economic growth, albeit in a benign
international economic climate," she said.

Zille reiterated her view that the ANC's decision to remove Mbeki was
motivated by the party's desire to protect its President, Jacob Zuma,
from prosecution.

"The President's forced resignation is clearly motivated by the ANC's
stated aim to find a 'political solution' to Jacob Zuma's legal
problems," she said.

"The incoming president must make a commitment that he or she will not
interfere with the NPA's decision to appeal Judge Nicholson's judgment
or any further efforts by the NPA to prosecute Jacob Zuma for the 783
alleged bribes he received."

The vicious way in which Mbeki was forced out by his enemies had
shocked the nation and as a result, the ANC stood irrevocably divided,
as did its supporters.

"Ironically, President Mbeki spoke about the value of Ubuntu, which
has clearly been denied to him by his own party," said Zille.

She said that Mbeki's conciliatory tone belied the deep divisions in
the ruling party and that his ousting may prove to be the undoing of
the ANC's electoral dominance.

"We must now show South Africa that there is an alternative to the
political thuggery that has come to characterise the ANC."

"I have long called for a realignment of politics to unite all South
Africans who wish to defend the constitution and the gains of our
democracy," she said.

"We must stand together to resist the war-talking
anti-constitutionalists that have taken over the ANC and we will
redouble our efforts to bring together all those who believe in the
Constitution to challenge the power hunger and power abuse of Jacob
Zuma's ANC."

"All new democracies go through periods of political turbulence and
the future depends on how we react to the tumult," Zille said.

This was a time for bold leadership and fresh thinking.

"If we make the right decisions, South Africa's democracy can emerge
stronger than before. This is our challenge and we must not fail."


ZUMA JUDGEMENT: THE ROAD AHEAD

In a press conference last Tuesday, DA leader Helen Zille said that
the verdict delivered by Judge Chris Nicholson in the Pietermaritzburg
High Court the preceding Friday raised key questions about the
corruption cancer at the heart of government

She outlined four key issues arising from the judgement which she said
should be given due consideration.

"Firstly, it is clearer than ever that a judicial commission of
inquiry is the only way we are going to get to the truth of the arms
deal," she said.

This was a demand the DA had been making from the start. DA
parliamentary leader Sandra Botha last Monday submitted a motion to
Parliament calling for a debate on the establishment of a commission
of enquiry into the arms deal.

"We must get to the truth because we cannot build our future as a
constitutional democracy when government leaders block all means of
establishing whether or not they are corrupt. "

"Secondly, the judgment suggests that President Thabo Mbeki influenced
the National Prosecuting Authority (NPA) in his war against his
designated successor, Jacob Zuma."

This matter was subsequently addressed by Mbeki in his resignation speech.

"Thirdly and most importantly, Jacob Zuma has not been acquitted of
corruption charges," Zille said.

"A court of law has yet to determine whether Zuma is guilty or
innocent of charges of corruption relating to the arms deal."

Zuma had repeatedly asked for his day in court to clear his name and
until this happened, he could not be a fit candidate for the
Presidency of the country and he must withdraw until his name had been
cleared in court.

"Fourthly, it is clear that the NPA is susceptible to political
interference, which needs to change if we are to prevent accusations
of selective prosecution in the future," Zille said.

She said that the manner which these issues were dealt would determine
whether constitutional democracy was strengthened or weakened.

A number of measures could be taken to ensure transgressors were held
to account, that justice was served and that independent state
institutions were protected from undue political influence.

These interventions included the establishment of a judicial
commission of inquiry into the arms deal; the prosecution of Jacob
Zuma, after he had been given the opportunity to make representations,
given the prima facie case against him; and a re-evaluation of the
constitutional provisions and legislation governing the NPA, so as to
restore the integrity of that institution.


She added that should the National Prosecuting Authority decline to
prosecute ANC President Jacob Zuma on charges related to the arms
deal, the DA would investigate the option of bringing a private
prosecution against him.

"We need to be sure that a court has pronounced him innocent before he
assumes that office, and if a court finds him guilty, that he has no
chance of assuming that office.

"Because if somebody guilty of such serious corruption charges is in
the highest office in this country, then the rot will quickly
consolidate itself in the body politic, and it will be a disaster for
everybody," she said.

Read the detailed plan here >> http://www.da.org.za/?p=373


FLAWED INVESTIGATIONS FREE CRIMINALS

Failure by government to address weaknesses in the police's detective
service has allowed criminals to go unpunished, the Democratic
Alliance said last Thursday.

Briefing the media on the DA's recent survey on the capacity of the
SAPS's detective service, safety and security spokesperson Dianne
Kohler Barnard said the state had failed to equip the country's
investigators with adequate resources.

"As a result of the neglect of the Detective Services, the SAPS's
investigative ability has been severely undermined and this has
contributed to the overall dysfunction of our criminal justice
system," she said.

According to the DA's calculations, six out every 100 crimes reported
to the police resulted in a conviction.

Close to a million crime scenes were not being visited as a resulted
of a shortage of forensic experts in the SAPS.

Detectives managed a case load of 40 or more cases as opposed to the
norm of 10 cases.

Kohler Barnard attributed the deteriorating investigative capability
to the department of safety and security's pattern of funding that was
heavily skewed in favour of other components of the SAPS to the
detriment of the detective service.

"Since 2004, the Detective Service has received only a seven percent
increase in the number of staff while Protection Services, which does
not provide security to the general public but instead is used
increasingly to protect the ANC leadership, has increased by a
staggering 160 percent," she said.

Measures proposed by the DA to beef up the service included the
immediate employment of 30 000 detectives, the improvement of
detectives' salaries and high quality training.

"It is clear that, in order to improve the functioning of the criminal
justice system, the ability of the SAPS to detect and solve must be
substantially improved," Kohler Barnard said.

Read the full report here >> http://www.da.org.za/?p=431


COULD NEW DEAL BE THE BEGINNING OF STABILITY IN ZIM?

The news that ZANU-PF's Robert Mugabe and Movement for Democratic
Change leaders, Morgan Tsvangirai and Arthur Mutambara had finally
succeeded in reaching a mutually-agreeable power-sharing deal in
Zimbabwe, signed last Monday, was to be welcomed said DA foreign
affairs spokesperson, Tony Leon.

The significant reduction of Mugabe's powers was to be welcomed, he said.

While the signing of the deal was the first significant ray of hope
for the future stability of Zimbabwe, Leon voiced concerned about the
durability of the deal, as well as the dangerous precedent it would
set for the future of ballot-based regime change in Africa.

"The Kenyan power-sharing deal, which came in the wake of the
extensive political violence which followed that country's last
election, and today's agreement have established a disturbing trend in
Africa whereby despotic rulers can continue to cling to power even
after their removal from office by democratic means," he said.

"In addition to this, past experience has shown that Mugabe is not a
man who may be taken at his word; as such it remains to be seen
whether he will honour his part of the agreement."

"Of particular concern is the indication that the security ministries
– which have been used by ZANU-PF as instruments of political violence
– will by-and-large remain under Mugabe's control."

He expressed the hope that Zimbabwe's people who had been subject to
crippling socio-economic turmoil and political violence at the hands
of Mugabe's repressive regime would come to benefit from the
agreement, however flawed.

"We also hope that today's deal will be the last in a series of
political solutions in Africa, which ignore the democratic consensus
and threaten to undermine our chances of seeing true democracy take
root and flower on the continent," he concluded.


DID YOU KNOW?

While charities serving South Africa's neglected and abandoned
citizens have been fighting desperately with the National Lotteries
Board to have their applications processed, the NLB 2008 annual report
shows that its officials were all paid generous bonuses during the
2007/08 financial year.

• NLB staff received a total of R1.4m in bonus payments, amounting to
a 14% addition to the total salary bill, an amount that could have
been a life-line to some of the charities which have been brought to
the brink of closure by the NLB's failure to pay out..

• Six senior managers received approximately a quarter of this amount
(R279 000).

• The CEO benefited the most, with a large payout of R76 000.

• The manager of applications (who should be held directly responsible
for the chaos in the applications process) received a generous R49
000.

• Other staff members received an estimated average of R19 000.

THE NEGLECT OF OUR DETECTIVE SERVICES
http://www.eyeoncrime.co.za/?q=node/439

THE TRUTH BEHIND POLICING IN SOUTH AFRICA
http://www.eyeoncrime.co.za/?q=node/438

HOW GOOD IS YOUR PERSONAL SECURITY?
http://www.eyeoncrime.co.za/?q=node/437

WOULD YOU TACKLE CRIMINALS AFTER ONLY TWO WEEKS OF TRAINING?
http://www.eyeoncrime.co.za/?q=node/436

THIS WEEK IN THE REAL ANC TODAY

An overview of 11 key Judgments handed down by the High Court, the
Supreme Court of Appeal and the Constitutional Court, regarding the
ANC government and the nature of its administration.

The Nicholson Judgment has brought the ANC's behavior into stark
relief. Against that background, it is worth considering what the
Courts have had to say about the ruling party more generally.


http://realanctoday.wordpress.com/2008/09/19/the-judiciary-on-the-anc/

Friday, September 19, 2008

SA Today: Zuma must commit to the rule of law, not the rule of war

A weekly letter from the Leader of the Democratic Alliance 19 September 2008
Zuma must commit to the rule of law, not the rule of war


Since Judge Chris Nicholson ruled in his favour last Friday, Jacob
Zuma has suddenly become a staunch supporter of the courts' role in
promoting constitutional democracy.
On Monday, he told an audience that, "Our faith in the judiciary
has…been given a further boost by the ruling…", and that the "judgment
has re-emphasised the independence of the judiciary and the critical
role it plays in interpreting our Constitution…".
Most importantly, Zuma claimed, the verdict "opened the eyes of the
nation to the critical task at hand, to…protect our democratic
institutions and prevent their abuse to further political agendas".
It is all very well for Zuma to have made these remarks after the
Pietermaritzburg High Court's ruling, since the judgment went his way.
Beforehand, however, he showed little inclination to contradict or
restrain those of his supporters who had openly intimidated the
judiciary and threatened to unleash a wave of violence if he lost his
case. One of the unintended consequences of the verdict is that Zuma's
supporters may well believe their strategy worked.
Zuma's double-dealing reflects the "lie in the soul", to use Plato's
term, of the new ANC leadership cabal elected at Polokwane: its
misguided belief that the ANC is more important than the Constitution.
When constitutional institutions happen to come down on the side of
its leaders, the ANC is happy to talk the language of
constitutionalism and proclaim its commitment to the rule of law. When
it feels thwarted by those institutions, the ANC reverts to
revolutionary war-talk; it brands them "counter-revolutionary" enemies
of the people, and elevates the rule of war over the rule of law.
A week before judgment was passed by the High Court, some of Zuma's
backers protested outside courts in KwaZulu-Natal. They carried
banners stating: "We shall take arms if need be to support [the] ANC
President". Others burnt tyres outside police stations, and threw
stones at police officers.
Neither Zuma nor the party he leads unequivocally condemned these
actions. That is because the new crop of ANC leaders has only a
tenuous attachment to the rule of law.
We have seen it in what former ANC MP Kader Asmal calls the
"militarisation of our political discourse" – statements by senior ANC
officials calling on people to "prepare for war", "kill for Zuma" and
"fight to take over the streets".
ANC Youth League President Julius Malema specialises in this sort of
inflammatory rhetoric. Before the High Court passed judgment, he
pledged: "We'll never hand over our President to jail without a fight.
We're going to fight…Any force that tries to block our way, we will
eliminate. We are on a mission here. We will crush you".
ANC Secretary-General Gwede Mantashe also made warlike threats against
the judiciary before the High Court ruled. He labelled Constitutional
Court judges "counter-revolutionaries" and said that "when the…judges
pounce on our President we should be ready at that point in time
[because] our revolution is in danger [and] we must declare to defend
it till the end".
Malema and Mantashe's pronouncements, and countless others by senior
ANC leaders, formed part of a systematic campaign of intimidation
against the judiciary over the months that Zuma appeared in court.
The reasons for the campaign are not hard to find: If the judiciary
and the Constitution stand in the way of the personal interests of the
ANC President; if they contradict decisions taken by the party; and if
they frustrate the party's drive for absolute power, then the ANC is
ready to attack the judiciary and jettison the Constitution.
That is why Zuma's recent utterances about the judiciary and other
constitutional institutions need to be taken with a pinch of salt.
After all, this is the same man who argues that "the ANC is more
important than even the Constitution of the country".
However, if Zuma is serious about the rule of law, the constitutional
mandate of the courts, the independence of the judiciary, and the
political neutrality of other democratic institutions, he must match
his words with deeds.
Firstly, he must accept the decision by the NPA to appeal the High
Court's ruling, and instruct his party to do the same. ANC
spokesperson Jessie Duarte has called the NPA's move "cynical and
ill-considered". Cosatu's KwaZulu-Natal Secretary has described it as
"a declaration of war on our people".
It is hypocritical of the ANC and its alliance partners to praise
Judge Nicholson's ruling and then to lambaste the NPA's decision to
appeal it. The NPA is fully within its rights to appeal the verdict –
that is the due process of law – and Zuma has himself had recourse to
the appeals mechanism on several occasions during his trial.
Moreover, if there is a prima facie case against Zuma, the NPA is
legally bound to explore every legal avenue to ensure justice is done.
That is what the rule of law requires, and this is what the Nicholson
judgment also emphasised.
Secondly, as ANC President, Zuma must abandon his party's cadre
deployment policy. In deploying cadres to supposedly independent state
institutions, the ANC has subordinated these institutions to its own
political agenda. Once factionalism became rife within the ruling
party, it was inevitable that cadres would use the institutions they
led to fight battles on behalf of their political masters and
persecute their political opponents.
Indeed, this is what Zuma maintains about the NPA: that President
Mbeki got the former National Director of Public Prosecutions,
Bulelani Ngcuka (a deployed ANC MP) to do his bidding in making public
claims about a prima facie case of corruption against Zuma.
Cadre deployment has completely undermined the independence of our
constitutional institutions, whose very role it is to limit the ruling
party's power and guard against the abuse of that power. It is time
for the cadre deployment policy to be discarded once and for all, and
Zuma must set the ball in motion.
But he is unlikely to do so. Why would Zuma want an independent person
as the National Director of Public Prosecutions when he is facing
allegations of 783 counts of bribery over 10 years involving
R4,2-million? Zuma has done everything to avoid his day in court in
order to gain the power of the Presidency. If he does become
President, it is likely that he – more so than Thabo Mbeki – will
abuse the office to protect and enrich himself and his clique. Cadre
deployment is one of the key tools of abuse.
Zuma's commitment to constitutionalism, and the commitment of the
ruling party's post-Polokwane leadership, has yet to be truly tested.
The NPA is to appeal the High Court ruling, and it may reinstitute
charges against Zuma. If either of those moves is successful, our
constitutional democracy will face its greatest test yet. But our
judiciary is strong, and more people support the rule of law than the
rule of war. For that reason, I believe that the Constitution, rather
than empty war-talk, will win the day.

Best Wishes

Thursday, September 18, 2008

Elderly woman seriously assaulted with hammer

To: ireport@cnn.com, press.office@bbc.co.uk, yourpics@bbc.co.uk,
margaretha@publicy.nl, foxnewsonline@foxnews.com, news@sky.com,
news@newsday.com, stories@farmmurders.com, dtletters@telegraph.co.uk


An old woman (78) , Mrs. Marie Claassen from Kromdraai outside
Muldersdrift South-Africa , has been seriously assaulted with a hammer
by a black man wearing a beleclava and gloves.
Like this the reality of the NSA (New South Africa) creep upon us to
stalk us at our front porch.

Sunday evening 7 September 2008 at 21h00 on the farm Kromdraai :
A 78 year old woman are being assaulted in her Own home by a black man
that wear a beleclava and gloves . She has been hit with a hammer on
the head , one blow penetrated more than 3cm through the skull .
She still live and are being cared for in Hospital .
More detail in the attached interview on Radio Pretoria .

Interview wit Mr. Armand Claassen , Mrs. Marie's son on Radio Pretoria
VolksMikrofoon .

VolksMikrofoon : " Do she stay allone there ?"
Armand : " She
stay alone yes , my father died 14 years ago and my sister about 7
years ago. We tried to persuade her to move but she didn't want to
move due to the fact she stayed there over 40 years. Also we had good
security . "
VM : " What happened ? "
Armand : " It was Sunday evening at about 21h00 . She have a small dog
that stay with her in the house . The dog started to bark , usually
when he do this she know he want to go outside . When she opened the
door , a black man with a beleclava and gloves repeatedly assaulted
her with a hammer on the head . From there he dragged and threw her
through the house , blood on the walls and floor are evidence of that
, through the hallway into the main bedroom . He knew there is a safe
. "
VM : " Were she conscious ? "
Armand : " She say so yes , drifting in and out .In the room he hit
her another few blows with the hammer . He then got the keys for the
safe and emptied it . There is another safe but we don't have keys for
it , he then tried to break it open . After numerous unsuccesful
attempts , he hit her with the hammer on her fingers . Failing to open
the second safe , he decide to take the stolen items and load it into
her vehicle . The vehicle stopped outside the house due to the
anti-highjack system of the vehicle . He took what he could carry and
fled . "
VM : " What did he steal ? "
Armand : " Not much . Two fire-arms that were inside the safe . Mostly
jewelry and her bank cards . The next morning he withdrew a few
thousand rand , in the meantime we stopped the accounts . "
VM : " How did your mother got help , when did help arrive ? "
Armand : " The next morning . The farmworker phoned me at 08h30 to
tell me the gate are not being opened , he can't enter to start work .
I then went there immediately . When I arrived I found my mother in
the house , by then she was already more than 12 hours alone , in pain
and shock . "
VM : " What a shocking experience it must have been for you ? "
Armand : " She is small and old (78) , I cannot believe that one
person can do this to another person . It is pointless , he got what
he wanted ; it was not necesary for this absurd violence ."
VM : " I can't believe it , with a hammer over the head !! Are she
seriously injured ? "
Armand : " Yes she is seriously injured , she is in intensive care in
hospital . Three blows to the side of the skull cracked it , but
another blow on top of the head went right through and penetrated the
skull , causing a breakage in the skull bone 3cm in diameter . This
indicates he've hit her to kill her . "
VM : " What do the doctors say , what is her chances of survival ? "
Armand : " They say it is rather good . The one side of the body is
paralysed caused by the broken skullbone that causes pressure on the
brain . It will be removed in an operation. "
VM : " Is it only one person ? "
Armand : " Yes it was only one person . He dug a hole underneath the
electric fence , tracks indicate it is one person , also the stolen
items is enough for one person to carry . "
VM : " He obviously waited for her to open the door . "
Armand : " Yes , we looked outside and saw he tried to opened the
steel security gates . She didn't heard it because she was watching TV
, but the dog heard it and hence started barking . "
VM : " Is she going back to the farm ? "
Armand : " Not a chance , she'll stay with us . "

Wednesday, September 17, 2008

'Tell Nqakula I won't go'

16/09/2008 22:53 - (SA)

Virginia Keppler, Beeld

Pretoria - "Tell the minister of safety and security that I'm not
going to Australia, because South Africa is my home."

That's what a citrus farmer from Cullinan, east of Pretoria, said
after being shot three times in a robbery that took place at his house
on Monday night at 22:30.

John de Jager, 37, was shot three times in his right leg when he came
to the aid of his wife, Petronella, also 37, after armed robbers
attacked her at their washing line.

She had gone out to bring in the washing when she suddenly started
screaming. He immediately rushed outside, De Jager said from his bed
in Montana hospital on Tuesday.

Shot without warning

"I saw a man standing close to her. He didn't say anything and shot me
without warning. When the first bullet struck me, I rushed at him. He
then fired two more shots, hitting me in the same leg."

The robbers left him lying there and took his wife into the house.

"They took her to our bedroom to open the safe for them and then stole
two firearms and money from the safe."

The robbers also took the couple's cellphones and Petronella's wedding
rings and jewellery. They then tied her hands behind her back with her
husband's shoelaces.

"They also tied my hands and feet with my shoelaces and then sat on
me. When I told them I needed medical attention, they swore at me.

"Before they fled, they pulled a blanket over my head."

His wife managed to free herself and also cut him loose.

Son sleeps through drama

"I couldn't move and just lay there."

Fortunately their son, Günter, seven, slept through the drama.

More than a week ago De Jager caught two cable thieves on his property
and handed them over to the police. He believes the attack could be
related to that.

Minister of Safety and Security, Charles Nqakula, said in 2006 that
people who threaten to leave the country because of the high crime
rate should stop complaining or leave.

De Jager said he wasn't going to leave the country. "The minister
should rather be sacked.

"Tell him (the minister) I'm not a grumbler and I'll never leave the
country, because where shall I go? I just want them to bring back the
death penalty.

"My firearms are now out there and will be used in other armed robberies."

Source:News24

http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2394571,00.html

Monday, September 15, 2008

DA@WORK 15 September - quality healthcare should be accesible to all

MAKE QUALITY HEALTH CARE ACCESSIBLE TO ALL
The government must bridge the gap between the private and the public
health care sectors to create quality of care which all can access

COMPENSATION FUND IS FAILING THOUSANDS
According to the AG, the extent of the mismanagement of the CF ranged
from a complete breakdown of internal controls and a filing system in
complete disarray, to non-compliance with applicable legislation.

DEFENCE DEPARTMENT UNDER THE SPOTLIGHT
South Africa's defence sector should be subjected to rigorous scrutiny
in all respects, in light of its recent infringements of legislation.

ZAPIRO CARTOON SHOULD SHOCK THE RULING PARTY TO ITS SENSES
A metaphorical depiction that tells the truth and provokes argument
may be just what South Africa needs at this critical juncture.


QUOTE OF THE WEEK

The judgment also provides proof to Zuma's supporters, if any were
necessary, that the judiciary is impartial and will rule according to
the law. It is now incumbent upon them to demonstrate their respect
for the judiciary when judgments go against their political
preferences. If Zuma has his day in court, as we believe he must in
the interests of the country, his supporters will have no reason to
believe that he won't have a fair trial.

DA Leader Helen Zille comments on the Pietermartizburg High Court's
verdict set aside the decision to prosecute Jacob Zuma on fraud and
corruption charges on a technicality, saying nthat the rule of law
must be respected, in her weekly newsletter SA Today -
http://www.da.org.za/?p=357


MAKE QUALITY HEALTH CARE ACCESSIBLE TO ALL

The government must bridge the gap between the private and the public
health care sectors to create quality of care which all can access,
Democratic Alliance leader Helen Zille said last Tuesday.

"Our health care system works well for some. Most South Africans are
excluded from it. Most people still rely on the public health system,"
Zille told the party's New Vision for Health Care conference in
Johannesburg.

She criticised Cosatu secretary-general Zwelinzima Vavi's
recommendation to do away with the private health system.

"Nationalising health care would be disastrous, because it would shift
the burden of provision of quality health care to the state," she
said.

The state was incapable of providing quality health care for all, she said.

Zille also voiced her concern about the National Health Amendment Bill
- which would give Health Minister Manto Tshabalala-Msimang the power
to determine private sector hospital fees.

"This would lead to a further loss of skills. Private health providers
would close their doors... shrinking the private sector and placing an
even greater burden on an already incapacitated public health care
sector," she said.

She recommended that the government only be involved in the financing
of health care and not in service delivery, adding that this would
allow market forces to ensure efficiency and keep down costs.

Examples of this were the Canadian, Singaporean and Taiwanese health
care systems, said Zille.

"We need to find a working solution that would allow private providers
to earn a living while the state meets its obligation to its people."

She said reforming the health care system would mean fixing what was
not working without destroying what did work.

Read the full speech here >> http://www.da.org.za/?p=213


COMPENSATION FUND IS FAILING THOUSANDS

The Democratic Alliance last Monday called for a forensic
investigation of the Compensation Fund (CF) and for the fund to be put
out to tender.

The latest disclaimer by the Auditor-General in his report on the CF
tabled in parliament, confirmed the evidence of complaints to the DA
that the fund was in serious disarray, DA labour spokesperson Anchen
Dreyer said.

According to the AG, the extent of the mismanagement of the CF ranged
from a complete breakdown of internal controls and a filing system in
complete disarray, to non-compliance with applicable legislation.

The CF was supposed to assist employees who had had the misfortune of
contracting an occupational disease or suffering an injury while on
duty.

The neglect and mismanagement of this fund caused direct harm to
ordinary South African workers, especially those who could not afford
private sector disability insurance and were therefore most
vulnerable.

Dreyer said complaints received by the DA indicated it was not only
individual claimants who were disgruntled with the CF and service
providers had also not been spared.

Some medical practitioners had resorted to demanding cash upfront from
employers of injured staff, while others were flatly refusing to treat
CF patients to avoid the risk of late payment or no payment at all.

Common among the complainants was a poor track record of payment. One
legal consultant highlighted an unresolved case dating back as far as
1994.

Generally, those lucky enough to receive payment had to wait for at
least a year to get their first instalment.

Particularly worrisome was the lack of political will the labour
minister had displayed in this regard, and the absence of purposeful
action to resolve the fund's long-standing problems.

In 2005, the CF strategy 2006-2009 was introduced to improve customer
satisfaction through service and efficiency.

"Two and a half years down the line little has changed," Dreyer said.

"The time has come for the department to undertake a forensic
investigation of the Compensation Fund.

"The Commissioner and his top staff must be held accountable for
letting down vulnerable workers in this way.

"The DA further contends that the Compensation Fund should be put out
to tender. Let the best bidder run it in a professional manner, to the
benefit of injured and sick South African workers," she said.


DEFENCE DEPARTMENT UNDER THE SPOTLIGHT

South Africa's defence sector should be subjected to rigorous scrutiny
in all respects, in light of its recent infringements of legislation
said the Democratic Alliance last Wednesday.

"Given the recent debacle in April 2008 in which the NCACC, in
contravention of the rules that bind it, permitted a Chinese weapons
shipment bound for Zimbabwe to be conveyed across South Africa, it is
Vital that all its transactions are shown to be transparent and open,"
said DA defence spokesperson, Rafeek Shah.

It appeared that there were serious unresolved issues regarding
defence industry interests held by senior defence force members, which
served to undermine civilian oversight of the defence force.

The Auditor-General (A-G) had previously found that the current Acting
Secretary for Defence, Mr Tsepe Motumi, was named as a director in
Chancellor House Defence Dynamics, which is part of the Chancellor
House Group, the front company for the ANC.

"Given Mr Motumi's high ranking position in the Department of Defence,
such alleged vested interests in the defence sector are highly
inappropriate."

"If the allegations are true, it means that specific business
interests are in a position to benefit from inside information, and if
these business interests are associated with political parties – and
the ruling party in particular - it has serious implications for good
governance in our country," said Shah.

As early as August 2007, the AG had stated in his report that the
potential for a conflict of interests existed within the department
and had called for action to address this on the part of the NCACC.

"The Democratic Alliance calls upon the Minister of Defence to confirm
whether or not these allegations are true and, if so, how such a
situation could have been allowed to occur," Shah said.

He said that the DA had submitted parliamentary questions to gain
clarity on the situation and would pursue it within the Defence
Portfolio Committee to ensure that all members of the DoD declared
their interests openly and completely.

"Clear measures must be taken to ensure that state information is not
used to further personal and political interests," he stated.

ZAPIRO CARTOON SHOULD SHOCK THE RULING PARTY TO ITS SENSES

Reacting to the controversy that sprang up over a cartoon by Jonathan
Shapiro (Zapiro), depicting the "rape of justice" by ANC president
Jacob Zuma, the Democratic Alliance said that neither Shapiro nor the
Sunday Times was practising abuse of the freedom of expression in
creating or publishing the cartoon.

"A metaphorical depiction that tells the truth and provokes argument
may be just what South Africa needs at this critical juncture. It may
also be what is needed to shock the country's leaders into their
senses," said party communications spokesperson, Dene Smuts.

"The Constitutional Court has confirmed in different judgments that
free speech includes ideas that shock or disturb, and that the
arbitration of taste cannot form part of adjudication."

"The truly shocking fact is that the ANC's new rulers – effectively
the SACP, ANC Youth League and Cosatu – have been attacking the
constitutional order at its foundation for many months now - by
calling the chief justices counter-revolutionary (Mr Gwede Mantashe);
issuing a threat that a ruling against Jacob Zuma would 'take the
country to the brink' (Blade Nzimande); and mounting demonstrations
against the courts," she said.

DID YOU KNOW?

The South African Social Security Agency's (SASSA) annual report
released last week, revealed a startling vacancy rate at the agency,
meaning that its capacity to deliver comprehensive social security
services to South Africa's poorest and most vulnerable citizens could
be seriously compromised.

The report shows that SASSA has an overall vacancy rate of 58.7% with
vacancies highly concentrated in critical areas, for instance:

• Out of 10 475 posts of permanent skilled workers only 4 323
vacancies were filled. This is a 58.7 percent vacancy rate.
• The vacancy rate of permanent highly skilled employees stands at
64.5 percent (out of 5341 posts only 1896 were filled).
• The vacancy rate at senior management and supervisory (highly
skilled) level is 32.6 and 57.7 percent respectively.
• To compound this situation, the finance department tasked with
detecting social grant fraud also has an alarming vacancy rate of 49.2
percent - out of 366 vacancies only 186 are filled and the legal
department which must initiate legal proceedings against fraudsters is
51.4 percent vacant.

With the high level of social grant fraud and the agency's incapacity
to deal with this, it comes as no surprise that SASSA has overspent by
R 33 659 000.

CAMERAS GO UP IN BID TO WEED OUT BAD COPS
http://www.eyeoncrime.co.za/?q=node/432

KNOW YOUR ENEMY
http://www.eyeoncrime.co.za/?q=node/431

ROBBERS TARGETING OUR HOMES – AND COMING IN ARMED
http://www.eyeoncrime.co.za/?q=node/430

DO WE FIGHT BACK? APPARENTLY NOT!
http://www.eyeoncrime.co.za/?q=node/429