Professional Documents
Culture Documents
Contents
Motlanthe wants Iran bribe claim to be probed: Deputy President KgalemaMotlanthes call on public protector to probe bribe scandal shows confidence he will be vindicated ................................................................................ 2 State opens door for more private power firms ........................................................ 3 MK's firing squad remark riles ANCYL ................................................................... 5 Bheki Sibiya: Why I said the Black Business Council is racist ............................... 6 Motlanthe seeks closer collaboration ......................................................................... 7 ANC youth rebellion a defining moment ................................................................... 9 Public protector probed ............................................................................................ 10 Madonsela responds................................................................................................... 11 The tanning of the DA ............................................................................................... 12 Zuma's rise equal to 'coup' ....................................................................................... 13 ANC tries to muzzle critic of secrecy bill .............................................................. 14 Zimplats grab will hurt SA too ................................................................................. 15 Premier finds queues at health facilities .................................................................. 18 State seeks partners to revive ailing water plants ................................................... 19 Bizos: secrecy bill unconstitutional on several counts ......................................... 21 Boffins take long view on SKA rumour: South African officials and the international board overseeing plans for the Square Kilometre Array have played down a report that SA has the edge against Australia in its bid to host the radio telescope ............................................................................................................ 25 Accept JZ offer - Vavi told ........................................................................................ 26 Vavi stands ground on economic apartheid:President Jacob Zuma and top officials to discuss Cosatu general secretary ZwelinzimaVavis protest jibes ..... 27 Bizos, Madonsela reject secrecy bill: Veteran anti-apartheid lawyer George Bizos and Public Protector ThuliMadonsela say public-interest defence is imperative ................................................................................................................... 29 MPs ready to grill Zuma ........................................................................................... 30 'Nothing for mahala' .................................................................................................. 32 Gugu's rapid ride to fame and fortune .................................................................... 36 Confident DAs road to 2014 getting shorter .......................................................... 38 Our democracy hangs in the balance ....................................................................... 39 Cosatu not prepared to be ANC's lapdog ................................................................ 42 Zuma "misled Mbeki" ............................................................................................... 43
Motlanthe wants Iran bribe claim to be probed: Deputy President KgalemaMotlanthes call on public protector to probe bribe scandal shows confidence he will be vindicated
In a bid to clear this name, Deputy President KgalemaMotlanthe on Monday asked Public Protector ThuliMadonsela to probe a bribe scandal in which he and his partner, GuguMtshali, have allegedly been involved. According to a report in the Sunday Times, Ms Mtshali was implicated in soliciting a R104m "bribe" to obtain government support for a South African company trying to clinch a R2bn sanctions-busting deal with Iran. Had it gone ahead, the deal would have put South Africa in violation of a United Nations Security Council resolution of 2010 prohibiting member states from supplying military-related products to Iran. The allegation comes at a time when Mr Motlanthe, largely seen as the voice of reason in the African National Congress (ANC), is being punted by the partys youth league and others as a possible successor to President Jacob Zuma at the partys conference in December this year. A prolonged controversy is not in Mr Motlanthes interest as the leadership election edges closer. While Mr Motlanthe is not campaigning for the top job, he is expected to make himself available if he gets sufficient nominations from branches when nominations open in October. In light of the seriousness of the allegations exposed by the Sunday Times, Mr Motlanthe took the unprecedented step of asking Ms Madonsela to investigate. The public protectors credibility has been enhanced by high-profile investigations that led to the dismissal of two ministers last year. Mr Motlanthes spokesman, Thabo Masebe, said the deputy president had written to Ms Madonsela, requesting her to investigate the allegations. Ms Mtshali, former De Beers executive RaisakaMasebelanga and others allegedly met representatives of a company called 360 Aviation to solicit the bribe. The deal allegedly involved supplying US-made Bell helicopters and spare parts to the National Iranian Oil Company via South Africa. The US prohibits the sale of military equipment to Iran. The MD of 360 Aviation, Barry Oberholzer, was quoted as saying: "We believe we were being asked for a bribe in exchange for government support."
16 March 2012 News Wrap-up
Mr Motlanthe said he was unaware Ms Mtshali had any connection to the company. Mr Masebe said: "Both Deputy President Motlanthe and Ms Mtshali are firmly of the view that they have committed no wrong-doing of any kind in relation to the alleged events." He said Mr Motlanthe had at no stage discussed such a matter with any person, including officials who would have lent the governments support. Ms Mtshali told the newspaper she had never attended a "formal meeting" with 360 Aviation. But the Sunday Times claimed to have an audio recording of the meeting, in which Ms Mtshalis voice is heard. The alleged deal reportedly failed because 360 Aviation could not reach agreement with the Iranian company. Ms Mtshali was mentioned in another controversy. She is a shareholder in the ICT consortium, with Mr Zumas son DuduzaneZuma, the Gupta family and Telkom chairman Lazarus Zim. ICT was awarded and later stripped of a share of mineral rights in the Sishen iron mine. Mr Motlanthe himself was cleared of wrongdoing by an investigation of South Africas involvement in Iraqs oil-for-food scandal. Political analyst Steven Friedman said it was good that Mr Motlanthe had asked for the investigation, the "equivalent of a lie-detector test". "Clearly he feels that he would be vindicated," he said. 13 March 2012 Business Day Page 2 Siseko Njobeni
The Department of Energy is soliciting information from potential co-generation, coal, natural gas and hydro project developers to test the appetite for these power schemes. If there is interest from potential developers and the government procures such power, it will create another entry point for private-sector participation in SAs power sector. The department is implementing an independent power producer programme for renewable energy technologies. The government wants to procure 3725MW of renewable power by 2016.
In a move to supplement its own power, Eskom has via its medium-term power purchase programme signed up 376MW from Sasol , Sappi , Ipsa and Tangent Mining. The department said the request for information would be used to develop a procurement process. "This (request for information) is for the ( department) to understand the market to ensure the successful implementation of the (integrated resource plan for electricity)." Depending on the response, the department might request potential developers to submit proposals for projects. It expects to ask for proposals in September. Director-general NelisiweMagubane said on Friday that the request for information was in response to unsolicited bids the department had received, which it cannot consider in terms of the legislation. The department said it wanted responses from developers with ready projects where comprehensive feasibility studies had been completed that showed the projects to be feasible. Buying additional power from the private sector is important to prevent power shortages. "It is a risk-mitigation plan. We want people who can deploy that power quicker," Ms Magubane said. Co-generation projects where an industrial facility uses its waste energy to produce heat or electricity -could be deployed quicker, she said. Ms Magubane said the request for information would also assist the department with the price path for such power. She said the request was part of the implementation of the integrated resource plan for electricity, IRP2010, which guides investment in new capacity up to 2030. Doug Kuni of the South African Independent Power Producers Association said yesterday that the government had resorted to the latest move as Eskom could not build new plants quickly enough. "Private power producers have been looking for opportunities for over nine years. SA needs an independent grid and a market operator that will procure power from all producers. At the moment there is no competition for Eskom. This (request for information) creates competition among developers, not with Eskom," Mr Kuni said.
AS AN ardent supporter of the principles and objectives enshrined in our constitution, I believe all South Africans should share a commitment to thoroughly eliminating the divisive effects of racialism that for so long ravaged our country and caused so much hostility and hardship. Delivering what is widely considered to be his finest speech, Martin Luther King asserted: "I have a dream that my four little children will live in a country where they will not be judged by the colour of their skin but by the content of their character. I have a dream that one day all of Gods people will be able to sit down together at a table of brotherhood." These words have been an enduring inspiration to all people who find offence with racist practices and policies. The guidance I have extracted from them is to a large extent what led me last week to describe the Black Business Council (BBC) as a racist organisation. It is an observation that has predictably provoked controversy and I have been asked where I derived the moral authority to say what I did and why. In addition to adhering to the powerful ethical messages embodied in Kings immortal words, there are several other explanations. SA is, thank goodness, a constitutional democracy. One of the key pillars of our democracy, enshrined in chapter one of the constitution, is nonracialism. My opinion is that all South Africans should promote everything that our constitution stands for and be prepared to criticise and condemn anything that presents potential to undermine the constitution. To form a racially based organisation now, more than 17 years after the advent of our democracy, is wrong and should not be accepted or condoned regardless of how influential or powerful its founders may be. Do my comments mean that I oppose the principles of freedom of association and disassociation? Most emphatically not. What I do oppose, however, is the promotion, even by some unsuspecting Cabinet m inisters, of an association that is primarily based on race. The BBCs battle cry, "Black man you are on your own with your government," is dangerous. Since when is the government supposed to be so openly partisan? Business Unity SA (Busa) has many weaknesses and imperfections: its mandating processes are poor, its structure is top heavy and it frequently struggles to deal effectively with the critically important issue of transformation.
In spite of these frailties, Busa does have some notable strengths. Nonracism is a critical component of its constitution. Right from the beginning, and I know this as its founding CE, Busa embraced the concept that for it to be most effective, the organisation should, ideally, be black led, at both the CE and at presidential levels. That is why, in its short nine years of existence, Busa has benefited from the leadership talents of Patrice Motsepe, Brian Molefe and current president FuthiMtoba. These are people South Africans have confirmed as excellent leaders. I thus found it disappointing that Lawrence Mavundla, president of BBC member the National African Federated Chamber of Commerce, elected to attack Busa and some of the leaders of its non racial member organisations. The BBC must be encouraged to identify its agenda and pursue it. In doing so, it is my hope that Busa will diligently support having the BBC represented directly in the National Economic Development and Labour Council as this will remove obstructions to the operations of the organisation. Whether the BBC succeeds or fails, SA is worse off for its establishment as it promotes racial polarisation and, in the context of our countrys constitution, its formation represents a step backwards. Faced with major challenges and oppression at the time of the Rivonia trial, Nelson Mandela argued as follows: "I have fought against white domination, I have fought against black domination. I have cherished an ideal of a society in which all people live together in harmony. It is an ideal I shall work for and hopefully achieve. If it need be, My Lord, it is the ideal for which I am prepared to die." I understand the frustrations that many black business organisations have with Busa but I cannot bring myself to support efforts to overcome them that abrogate the cardinal intention so clearly expressed in chapter one of our countrys constitution as well the axiomatic commitments to non racialism so fervently held by inspirational leaders such as King and Mandela. Sibiya is Chamber of Mines CEO. 14 March 2012 The New Age Sapa
Motlanthe said the forum came at a time when the world was confronted with economic crises that required concerted efforts to overcome. "More than ever, legislatures have the collective responsibility to work collaboratively with the executive arm of the state to answer some of the immediate challenges that relate to debt management, efficient resources allocation, and stimulus economic planning." This period had demonstrated, around the world, that there was sufficient room for the legislatures to continue performing oversight over the executive, and in turn the executive accounting to the legislature in a mutually reinforcing and non-partisan way. The responsibility of legislatures around the world was to pass laws and keep an eye on the executive's work. Done in accordance with the principle of co-operative governance, this accountability mechanism underpinned the values of good governance and public scrutiny over executive actions, Motlanthe said. Legislatures also played a critical role in facilitating access for ordinary people to the law-making process and provided the opportunity for them to hold the executive directly accountable. "This way legislature can also ensure that access to important government services such education and health is realised." Of equal value was promoting basic human rights, equality, good governance and economic growth, and eradicating poverty. "Thus the accountability relationship between the executive and the legislature has changed over time to include value-based approaches where legislatures are required to look into broader reporting mechanisms that take into account issues of efficient and effective resources management," he said. This approach demanded more of legislative representatives to do more than interrogate compliance with financial rules, by asking questions about value for money. The level of expertise required to perform these functions remained a matter of great concern for developing countries constrained by a lack of resources. These problems required that the executive, the legislatures, and Auditor General work more collaboratively to overcome them. In this respect, experience suggested that legislatures had struggled to focus on implementation of laws, service delivery, and performance accountability, simultaneously without adequate resources. "Thus more work must be done to assist legislature with resources and institutional support mechanisms to respond to these contemporary challenges," he said. Business Day: ANC youth rebellion a defining moment Business Day: ANC tries to muzzle critic of secrecy bill
Business Day: Zimplats grab will hurt SA too 15 March 2012 Business Day Page 4 Setumo Stone
Years later, Mr Mandela, as ANC president, would also have his youth league "problem child" Peter Mokaba whom he swiftly brought back in line with a stern warning following comments by Mokaba at a funeral to direct bullets at National Party leader FW de Klerk. Mr Mandela was leading delicate negotiations with Mr de Klerk for a nonracial and democratic SA in 1993. The current ANC Youth League believes it will have to carve out its own place in the partys history. It has taken up the campaign of economic freedom as its legacy. Every epoch of the struggle would have its own challenges, Mr Malema said in a recent radio interview. "We learn from (the precedent set by) history," he said. Some youth league members in the past, however, decided it was best to push for radical change outside the ANC. Mr Jordan cites the withdrawal of "Africanists" from the ANC as a case in point. Africanists were very active in the youth league in the 1950s, he says. "But because they were not in a position to take over the youth league and then transform the ANC into an Africanist organisation, they withdrew in 1958 and formed the PAC (PanAfricanist Congress) in 1959," he says. Mr Malema has declared that if all efforts to retain his ANC membership fail, he will continue to comment on politics. In 1962, the ANC constitution was suspended after the party had been banned, and the youth league became a "youth and student section", functioning as a department within the ANC. It was reinstated again in 1991 as an autonomous body. Mr Jordan says the ANC today envisions a youth league that resonates with the majority of SAs youth. "It should address their problems and challenges, including education and unemployment. These are the issues the ANC wants the youth league to grapple with." 15 March 2012 The New Age De Wet Potgieter
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The document, drafted by an anonymous group of employees, was handed to Themba Godi, chairperson of Parliaments standing committee on public accounts (Scopa), towards the end of last year. This resulted in Madonsela being summoned to Cape Town for a marathon meeting on January 13 with the speaker of Parliament, Max Sisulu, the National Council of Provinces chairperson, Mninwa Mahlangu, and both their deputies which lasted more than four hours. The group behind the document now claims that Parliament is reluctant to intervene in the crisis. Madonsela again made headlines last month when her daughter Wenzile posted a tweet thanking her brother for crashing their mothers state-issued BMW X6 because the incident led to the replacement of that car with a much sexier car. When speaking about her daughters comments on the social network, Madonsela said she deeply regretted her childs playful tweets. Her 23-year-old son, Wantu, smashed the vehicle in January into a garden wall of a house in Pretoria while illegally taking her official vehicle for a joyride. There are various documents which serve as a sample indicator of the noncompliance of policies, legislative prescripts, maladministration, and financial misconduct involving the CEO, the document submitted to Scopa stated. We would like to indicate that ultimately we hold the Public Protector Thuli Madonsela responsible for the current situation. She has chosen to ignore the worrying signs that have corroded the institution and the result is a demoralised, bitter, distrustful complement of staff. Some of the grievances listed in the document include: The responses of the CEO, Mthetwa, to questions asked at the interrogation of the 2008-9 public protector annual report by Scopa on May 21, 2010, were dishonest and fabricated. The CEO deliberately misled the committee, at a level that displayed a shocking lack of moral conscience, the document said. Although a case management system was procured at a cost of R10m, it is not functional. The staff use a manual system of allocating and locating the status of files. According to the document, monthly statistics take an average of three days for each investigator to finalise.
Madonsela responds
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Public Protector, Thuli Madonsela immediately set up a team of investigators to attend to all the allegations when she received them, said her spokesperson, Oupa Segalwe. A report has been prepared by the team and it is being finalised, he said. Reacting to the allegations of misconduct and irregularities of CEO Themba Mtetwha, Segalwe said that as soon as the response was received from the assigned team, Madonsela and her deputy would make an assessment and refer appropriate issues to the good governance and integrity committee of the public protector. Madonsela denied any claims of racism in her office and explained that overseas and other international trips were racially inclusive. The decision on which staff members go on trips is based on the relevance of the course to individuals. Priority has also been given to new staff, she added. Delegations of the public protector are predominantly black because of the composition of the public protector staff. She denied any witch-hunts being conducted and was not aware of anything of that kind. No one had lodged such a grievance with her. Mtetwha denied that he threatened the KwaZulu-Natal staff with disciplinary action if they refused to accept the authority of Thina Pather as senior investigator in their office. 15 March 2012 The Times Page 4 Mhlaba Memela
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Jiyane's political career has been bumpy since he left the Pan African Congress to join the Inkatha Freedom Party. He gave up his position as the IFP national chairman to form the National Democratic Convention. After giving up his court battle against Reverend Hawu Mbatha over the party's presidential position, Jiyane introduced the South African Democratic Congress. Both parties are now defunct. A year ago, Mchunu held Jiyane's hand when he was paraded as a new DA member at a press conference. But with the provincial congress just days away both politicians have crisscrossed the province displaying their leadership skills and engaging in mini debates. Jiyane says he is confident that the multiracial support that he has gained within the party will secure him victory. "We had very good debates and [a number of] people agree with what I said in many areas we had visited. "The interest is so high because the DA's constitution is rooted in liberal democracy. I feel at home when we debate without being enemies." "Chances are very good for me. People from Pietermaritzburg and Durban approached me to stand for the position." But Mchunu is equally bullish: "I'm confident that after the congress we will come back with a strong leadership for the party moving forward. The debates have been very exciting with all candidates enjoying support from the party members. I have received enormous support all over the province," he said. Party members George Mari and Francois Rodgers are contesting the deputy provincial leader's position, while Independent Democrats secretary Haniff Hoosen and Greg Krumbock are competing for the provincial chairman position. There are 10 candidates for the position of deputy chairman including eThekwini municipal councillors Warwick Chapman and Zwekele Mncwango, Makhosazane Mdlalose, Dianne Kohler Barnard and Abaqulisi municipal councillor Sibusiso Nkosi.
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"If intelligence officers report outside government, that's the best recipe for coups [d'etat]," Chikane was quoted saying by The Times newspaper. He was referring to the leaked intelligence spy tapes that led to Zuma's corruption charges being dropped just before the 2009 elections. Chikane was speaking at the book launch of 'Eight Days in September: The Removal of Thabo Mbeki', in Sandton on Wednesday night. According to the newspaper Chikane said leaking of the tapes to a "faction" in the ANC was dangerous and should not be repeated. Chikane's book gave an inside account of what happened when the ANC decided to recall Mbeki in September 2008. "It is about the conduct, the practice and behaviour," Chikane was quoted as saying. "[It was about] experiences [we] should think carefully about that all of us are wounded." ANC Youth League president Julius Malema was among some of the people who attended the launch as well as Mbeki's former ministers Essop and Aziz Pahad.
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ANC MP Buoang Mashile said the Right to Know campaign should not be invited. The organisation was at all the public hearings held recently in all nine provinces and its views had been heard many times "what is the necessity of inviting them back?" Mr Mashile was supported by other ANC MPs on the committee, who asked if there was anything new the group could add. Congress of the People (COPE) MP Dennis Bloem and Democratic Alliance (DA) MP Darryl Worth objected. Mr Bloem said many of the organisations chosen by the ANC were also unlikely to bring anything new to the hearings. If the same standards were applied, then they too should be excluded, but COPE supported their inclusion. Mr Worth said the issue was the quality of the contribution that the Right to Know would be able to make, and "the DA supports their inclusion". ANC MP Nosipho Ntwanambi eventually relented, saying "they can come". The committee also took the astonishing decision to exclude some organisations on the basis that they had the word "media" in their names. Committee chairman Raseriti Tau said all parties had supported this, including the South African National Editors Forum, and that this was enough representation for the media on the short list. This failed to recognise that some of the organisations the committee excluded were engaged in monitoring the media, rather than representing it. It was by this logic that Prof Jane Duncan of the Media and Information Society: Highway Africa, as well as Media Monitoring Africa, were excluded from the list. In another key ruling, the committee decided that no political parties with representation in either the National Assembly or the National Council of Provinces could make oral submissions. In this way both COPE and the African Christian Democratic Party were excluded from getting invitations. The rationale was that political parties had a chance to express their views during parliamentary proceedings. Organisations and individuals that all political parties agreed should be invited include Public Protector Thuli Madonsela, George Bizos of the Legal Resources Centre, the Human Rights Commission, the Nelson Mandela Foundation, the Congress of South African Trade Unions, the Catholic Bishops Conference and the Jewish Board of Deputies. 15 March 2012 Business Day Page 13 Editorial
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The details are still a bit sketchy, but it appears that Impala Platinum has buckled to pressure from the Zimbabwean government to hand over 51% of its Zimplats subsidiary to the Zimbabwean state, with a small proportion going to the local community and employees. There is no dressing this up: it is expropriation or at least something very close to it. The question is whether this concession will embolden calls for nationalisation in SA or whether, perversely, it might actually reduce them. One thing this illustrates is how weak corporations are in the face of any government, even one as anaemic and disaster-prone as Zimbabwes. Sociologists the world over complain about the power of corporations, but the expropriation of Zimplats demonstrates just how much this notion is a figment of the imagination. In any country, governments are sovereign and companies are subject, and that is the base fact. This example is particularly illustrative because if there ever was a company that was in a strong position to resist expropriation, it is Zimplats. It makes up a major portion of what is left of Zimbabwes once active industrial sector. Having witnessed the destruction of this sector through economic mismanagement on a gargantuan scale, it might seem Zimplats would have some strong arguments to remain in private hands. But apparently not. Furthermore, Zimplats produces platinum matte, which is theoretically very valuable, but without further purification, which takes place in SA, it would be difficult to sell. Hence, owning the mine would be difficult without co-operation from the South African side of the business. Yet, even in this strong position, Zimplats has proved unable to resist expropriation. If this is so, in how much danger are South African mines, whose position in relation to the government is so much weaker? On the face of it, Zimplatss decision to concede to expropriation appear to weaken the position of its South African counterparts. Expropriation has never been part of the African National Congresss (ANCs) economic philosophy, yet could it be just a matter of time? The party has been tracking leftwards after all, and calls for nationalisation of the mining sector are pretty loud within the party, even if they lack official support. However, equating the ANC to Zanu (PF) is a grotesque political distortion. The ANC has positioned itself as a social democrat-style party using, if anything, a localised version of a Scandinavian-type economic model. This is miles from the autocratic militarism of Zanu (PF), whose political philosophy is a kind of melange of old socialism and new despotism. There is a good argument that the nationalisation "debate" in SA is pretty much over anyway, with the ANC now looking at ways to increase taxes rather than nationalise or expropriate. The ANCs study group has dismissed nationalisation emphatically and its leading proponent, former ANC Youth League president Julius Malema, is now expelled from the party.
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So the expropriation of South African companies by Zimbabwe seems unlikely to affect the local debate. What it may do, however, is change perceptions of risk among foreign investors. This stands to reason. Investors know they cannot realistically resist a government that is dead set on grabbing their investments. The only way to prevent it is to not invest in that country in the first place or at least to demand a higher risk premium and invest in instruments that allow a quick exit. The Zimbabwean government thinks that it has won by forcing Zimplats to agree to expropriation. But in the longer term it has lost. Small mountains of platinum will now lie untouched under the ground in Zimbabwe while investors build mines in Australia, Brazil and even Mozambique. By entertaining the notion of nationalisation, however distantly, some of that poor investment climate will rub off on SA too and probably already has.
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ahead of time, her explanation was that this was part of an outreach programme, which included a community awareness campaign on TB treatment. In 2007, former deputy health minister Nozizwe Madlala-Routledge paid an unannounced visit to Frere Hospital, in the Eastern Cape, where she caught officials off-guard, amid revelations of gross negligence. A head nurse at the Kliptown Clinic yesterday told Ms Mokonyane some of the staff had tried to clean up the place before her arrival. Ms Mokonyane said her intention was not to spy on the workers. She said she was confident that the health department was improving since the intervention by her office and the National Treasury. The health department had experienced problems with financial management, cash flow and procurement issues dating as far back as 2005. A 3% cut from the budgets of all provincial departments had saved R700m, which would be allocated to the health department. "We are getting it right compared to where we were yesterday," said Ms Mokonyane.
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The department was investigating "the possibility of some of the treatment plants being developed and owned and managed by those private sector people, probably even on a public-private partnership", she said. The possibility of co-funding, using foreign capital, was also being considered. Cosatu spokesman Patrick Craven said: "In principle, were opposed to the privatisation of public works, but we would have to review the details, and take it on a case-by-case basis." However, Development Bank of Southern Africa adviser Mike Muller said yesterday that there was a precedent in SA for foreign funding of water infrastructure, and it was not "privatisation". "This is not about privatising the full service, rather it is simply using companies as specialist service providers to government in an area where we know the municipalities are simply not able to do the job adequately," he said. In terms of increased costs for consumers, Mr Morgan said that whether the government brought in the private sector, or borrowed more money, there would be a cost. "The money has to come from somewhere," he said. But he cautioned: "Theyre not selling the water, private companies would just be running the infrastructure. The minister still determines the tariffs of water sales, and water board tariffs." Mr Muller said that there were proposals "to raise prices to enable the sector to fund some of its own investment this is a contentious issue". "Internationally, similar questions have arisen because very few countries fund water investment from user charges," he said. Ms Molewa said 43 waste-water treatment plants were under development in SA and "if were co-funded, we could take the money saved and spen d it elsewhere". An ideal situation would be "going rand-for-rand" with private investors. "Adequate investment is vital to keep the sector running," said Mr Muller. "The longer its left, the greater the backlog becomes. The problem were worried about is that not enough of this routine maintenance and refurbishment is being done. That will lead to further deterioration, which will increase costs in the long run." Mr Morgan said investment would allow multiple water treatment plants to be simultaneously upgraded, as many municipalities waited until their water waste management system was in a critical state before turning to the government. One of the reasons for this was a lack of skills in municipalities.
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Constitutional law expert Pierre de Vos said he agreed with Bizos because the bill was drafted in such a manner as to criminalise disclosure of classified information, regardless of whether the classification was lawful. Finally, Bizos says the bill flouts the constitutionally mandated Promotion of Just Administration Act by potentially ousting the jurisdiction of the high court to review classification which is an administrative act. The submissions include a 20-page letter from public protector Thuli Madonsela, who warns that it jeopardises freedom of expression and her ability to do her job by preventing journalists and whistleblowers from reporting abuses. Cosatu, in its contribution, calls for the inclusion of a public interest defence and foresees that the bill will worryingly have the effect of entrenching authority through a security state. Cosatu has, along with rights groups, media houses and opposition parties, threatened to challenge the bill in the Constitutional Court if it is signed into law in its current form. The ad hoc committee will meet tomorrow to schedule further hearings on the bill. 13 March 2012 Business Day Page 1 Sam Mkokeli Motlanthe wants Iran bribe claim to be probed Deputy President KgalemaMotlanthes call on public protector to probe bribe scandal shows confidence he will be vindicated In a bid to clear this name, Deputy President KgalemaMotlanthe on Monday asked Public Protector ThuliMadonsela to probe a bribe scandal in which he and his partner, GuguMtshali, have allegedly been involved. According to a report in the Sunday Times, Ms Mtshali was implicated in soliciting a R104m "bribe" to obtain government support for a South African company trying to clinch a R2bn sanctions-busting deal with Iran. Had it gone ahead, the deal would have put South Africa in violation of a United Nations Security Council resolution of 2010 prohibiting member states from supplying military-related products to Iran. The allegation comes at a time when Mr Motlanthe, largely seen as the voice of reason in the African National Congress (ANC), is being punted by the partys youth league and others as a possible successor to President Jacob Zuma at the partys conference in December this year.
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A prolonged controversy is not in Mr Motlanthes interest as the leadership election edges closer. While Mr Motlanthe is not campaigning for the top job, he is expected to make himself available if he gets sufficient nominations from branches when nominations open in October. In light of the seriousness of the allegations exposed by the Sunday Times, Mr Motlanthe took the unprecedented step of asking Ms Madonsela to investigate. The public protectors credibility has been enhanced by high-profile investigations that led to the dismissal of two ministers last year. Mr Motlanthes spokesman, Thabo Masebe, said the deputy president had written to Ms Madonsela, requesting her to investigate the allegations. Ms Mtshali, former De Beers executive RaisakaMasebelanga and others allegedly met representatives of a company called 360 Aviation to solicit the bribe. The deal allegedly involved supplying US-made Bell helicopters and spare parts to the National Iranian Oil Company via South Africa. The US prohibits the sale of military equipment to Iran. The MD of 360 Aviation, Barry Oberholzer, was quoted as saying: "We believe we were being asked for a bribe in exchange for government support." Mr Motlanthe said he was unaware Ms Mtshali had any connection to the company. Mr Masebe said: "Both Deputy President Motlanthe and Ms Mtshali are firmly of the view that they have committed no wrong-doing of any kind in relation to the alleged events." He said Mr Motlanthe had at no stage discussed such a matter with any person, including officials who would have lent the governments support. Ms Mtshali told the newspaper she had never attended a "formal meeting" with 360 Aviation. But the Sunday Times claimed to have an audio recording of the meeting, in which Ms Mtshalis voice is heard. The alleged deal reportedly failed because 360 Aviation could not reach agreement with the Iranian company. Ms Mtshali was mentioned in another controversy. She is a shareholder in the ICT consortium, with Mr Zumas son DuduzaneZuma, the Gupta family and Telkom chairman Lazarus Zim. ICT was awarded and later stripped of a share of mineral rights in the Sishen iron mine. Mr Motlanthe himself was cleared of wrongdoing by an investigation of South Africas involvement in Iraqs oil-for-food scandal. Political analyst Steven Friedman said it was good that Mr Motlanthe had asked for the investigation, the "equivalent of a lie-detector test". "Clearly he feels that he would be vindicated," he said.
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13 March 2012 Business Day Page 2 Siseko Njobeni State opens door for more private power firms
The Department of Energy is soliciting information from potential co-generation, coal, natural gas and hydro project developers to test the appetite for these power schemes
The Department of Energy is soliciting information from potential co-generation, coal, natural gas and hydro project developers to test the appetite for these power schemes. If there is interest from potential developers and the government procures such power, it will create another entry point for private-sector participation in SAs power sector. The department is implementing an independent power producer programme for renewable energy technologies. The government wants to procure 3725MW of renewable power by 2016. In a move to supplement its own power, Eskom has via its medium-term power purchase programme signed up 376MW from Sasol , Sappi , Ipsa and Tangent Mining. The department said the request for information would be used to develop a procurement process. "This (request for information) is for the ( department) to understand the market to ensure the successful implementation of the (integrated resource plan for electricity)." Depending on the response, the department might request potential developers to submit proposals for projects. It expects to ask for proposals in September. Director-general NelisiweMagubane said on Friday that the request for information was in response to unsolicited bids the department had received, which it cannot consider in terms of the legislation. The department said it wanted responses from developers with ready projects where comprehensive feasibility studies had been completed that showed the projects to be feasible. Buying additional power from the private sector is important to prevent power shortages. "It is a risk-mitigation plan. We want people who can deploy that power quicker," Ms Magubane said. Co-generation projects where an industrial facility uses its waste energy to produce heat or electricity -could be deployed quicker, she said. Ms Magubane said the request for information would also assist the department with the price path for such power. She said the request was part of the implementation of the integrated resource plan for electricity, IRP2010, which guides investment in new capacity up to 2030.
16 March 2012 News Wrap-up
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Doug Kuni of the South African Independent Power Producers Association said yesterday that the government had resorted to the latest move as Eskom could not build new plants quickly enough. "Private power producers have been looking for opportunities for over nine years. SA needs an independent grid and a market operator that will procure power from all producers. At the moment there is no competition for Eskom. This (request for information) creates competition among developers, not with Eskom," Mr Kuni said. 12 March 2012 Business Day Page 1 Sarah Wild
Boffins take long view on SKA rumour: South African officials and the international board overseeing plans for the Square Kilometre Array have played down a report that SA has the edge against Australia in its bid to host the radio telescope
SOUTH African officials and the international board overseeing plans for the Square Kilometre Array (SKA) have played down a report that SA has the edge against Australia in its bid to host the R23bn radio telescope. SKA founding board chairman John Womersley said yesterday he hoped the unsourced report in two Australian newspapers about the site recommendation would not delay finalisation of the bid. The winning bid is due to be announced on April 4. The Canberra Times and the Sydney Morning Herald both reported on Friday that Australias SKA hopes had been dashed because an advisory committee had decided that SA had a technically stronger bid. A site recommendation in favour of SA might expedite the bid decision process and bolster SAs chances. "Its unfortunate that the confidentiality of the site selection process appears not to have been fully respected," Prof Womersley said in a telephone interview from London yesterday. "Were trying to stick to the timetable I hope that the news over the past few days hasnt disturbed that." He would not say whether the Australian reports were true. "The board had agreed we wanted to keep the recommendation confidential, and question the chairman of the advisory committee about the findings." This questioning would take place on March 19 at the next meeting of the board, he said.
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South African sources were equally tightlipped about the reports. SKA SA director Bernie Fanaroff said the bid decision process and timeline had been agreed to by all the parties, including the need for confidentiality. Phil Mjwara, director-general of the Department of Science and Technology, said on Friday he could not confirm or deny if SA had been recommended. Justin Jonas, associate director for science and engineering at SKA SA, also refused to comment. "The report is still confidential and until we know otherwise, were not going to say anything." He cautioned against placing too much importance on the recommendation, saying it was not the announcement, had not been accepted and had no official grounding. 12 March 2012 The Times Page 4 AmukelaniChauke
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Gina said yesterday that Numsa would soon talk to Cosatu about Zuma's invitation. "I hope the media will not make me fight with my general secretary [Vavi]," he added. Gina launched a scathing attack on former president FW de Klerk for his comments criticising the ANC's intention to make changes to the constitution. "We see that he [De Klerk] has arisen from obscurity, from death, in the recent past, because of the release of ANC policy documents. "We think the ANC as the ruling party has the right to tamper with the constitution because, after 18 years, the ANC has realised there are some things [you cannot implement under] that constitution. "We think Mr FW de Klerk must relax . We believe it is the constitution that has tied the hands of the ANC in terms of doing revolutionary things for our people. "Whether De Klerk likes it [or not], whether Helen Zille [DA leader] likes it or not, we think the ANC must [reconsider] the constitution so that we may be able to deliver some of the things we have been battling to deliver to our people," Gina said. 12 March 2012 Business Day Page 1 Sam Mkokeli
Vavi stands ground on economic apartheid:President Jacob Zuma and top officials to discuss Cosatu general secretary ZwelinzimaVavis protest jibes
TENSION in the ruling alliance has reached a new high, with African National Congress (ANC) leaders taking offence at a Congress of South African Trade Unions (Cosatu) accusation that they had introduced a new form of "economic apartheid" by implementing Gautengs new highway tolling system. Events around last weeks marches against tolling and labour brokers have also exposed deep divisions in the labour federation itself. The most senior leaders of the ANC including President Jacob Zuma are expected to discuss the Cosatu charge at a meeting of the "top six" officials today . The comments by Cosatu general secretary ZwelinzimaVavi likening the new toll roads to apartheid are at the centre of the tensions in the alliance, and among different unions. ANC spokesman Keith Khoza last night said the officials would certainly discuss the strike, and the seriousness of the comments made. The officials meet every Monday to discuss current issues.
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A senior leader of the ANC said the accusation that the party had introduced "economic apartheid" was serious and came as "a shock". Other leaders were understood to be perplexed when they heard Mr Vavis criticism. They did not understand why he would criticise them severely on a platform such as last weeks strike provided. Far from backing down, Mr Vavi stuck to his statement last night and spelt out what he meant by "economic apartheid". He said he was referring to the exclusion of those who could not afford to pay the tolls, and the two-tier system in operation in both education and healthcare where the upper classes enjoyed the best of education in private schools and private clinics or hospitals. He was also referring to the "reality that apartheid-designed geography is still in place". "Whilst all racially based statutes no longer exist, what remains now is discrimination on the basis of economic status. It is economic status that determines if you can have a telephone, electricity, water, which area you should reside in, etc. That is the economic apartheid." ANC sources say Mr Vavi fell out with Luthuli House leaders as long ago as early last year. At an official alliance meeting last year, ANC secretary-general GwedeMantashe even dared Cosatu to walk out of the alliance. Mr Vavis relationship with Mr Zuma is understood to be hostile, with Mr Zuma preferring to deal with Cosatu president SdumoDlamini. Mr Vavi has been scathing in his criticism of Mr Zumas leadership of the ANC and the government. But Cosatu spokesman Patrick Craven yesterday said: "Its not personal." The divisions in the alliance are expected to worsen in the build-up to the ANCs Mangaung elections. Mr Vavi is associated with a group opposed to Mr Zumas reelection. That Mr Zumas arch-enemy, youth league president Julius Malema, was allowed to address the Cosatu-led march in Johannesburg upset ANC leaders. They said it suggested Cosatu was prepared to harbour a man they were firing from the ANC, insiders said. Mr Dlamini said yesterday it was wrong for Cosatu to allow Mr Malema to speak at the march. That needed to be discussed at the Cosatu leaderships next meeting. Granting Mr Malema a platform was a "recipe for tensions in the alliance", Mr Dlamini said. He also differed with the statements made by Mr Vavi that the ANC had introduced economic apartheid. He said although Cosatu wanted some policy changes, it was happy with the achievements of the ANC. Mr Vavi and Mr Dlamini do not see eye to eye, union leaders say. The affiliated unions are also divided. The National Union of Metalworkers of SA is understood to back Mr Vavi, and the call for Mr Zuma to be replaced. Mr Dlamini, believed to be close to Mr Zuma, has the support of the National Union of Mineworkers, Cosatus biggest affiliate.
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Mr Vavi has emerged as a thorn in the side of the ANC. With Mr Malema facing expulsion, there are fears among those who back Mr Zuma that Mr Vavi could become the face of the campaign to install new leaders at Mangaung. However, his own position in the union federation is not guaranteed. Mr Vavi will be standing for re-election as Cosatu general secretary for a fifth term in September. But his name has also appeared among those the youth league wants elected as the ANCs top six in December. Meanwhile, Mr Malema spoke at a youth league gathering in the Free State yesterday despite what he said were attempts by ANC leaders to block him. Mr Malema said those who said he needed "a permit" to be in Brandfort, where the gathering was, were no different from those who, during apartheid, restricted peoples movements. 12 March 2012 Business Day Page 1 Wyndham Hartley
Bizos, Madonsela reject secrecy bill: Veteran antiapartheid lawyer George Bizos and Public Protector ThuliMadonsela say public-interest defence is imperative
THOUSANDS of citizens have joined veteran anti-apartheid lawyer George Bizos, Public Protector ThuliMadonsela and the South African Human Rights Commission in rejecting the "secrecy bill" in the latest round of public submissions. When the National Council of Provinces ad hoc committee on the Protection of State Information Bill recently started public hearings in all nine provinces, it also called for written submissions, resulting in a flood of more than 2400 pages of mostly negative comment. Some feedback about the bill has come in the form of detailed objections; others have put their names to petitions. The African National Congress has already used its majority to force the bill through the National Assembly, with all opposition parties voting against it. Mr Bizos, in a legal opinion prepared for People against Suffering, Suppression, Oppression and Poverty, said "the current draft of the bill, as it stands, runs contrary to and indeed threatens many of the fundamental values and principles enshrined in our constitution. Rather than revisiting apartheid-era securocratic methods of information protection, the bill must seek an appropriate balance between state security and human rights."
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He identified seven points that were problematic: among others, failure to include a public-interest defence; the criminalisation of people "who ought reasonably to have known" that publication of information could harm the country; the improper delegation of powers; the absence of a defence on the grounds that information was improperly classified; and disproportionately severe penalties. "We view a public-interest defence as imperative," Mr Bizos said. "Such a defence would exempt from prosecution certain individuals in limited and appropriate circumstances where disclosure has been made in the public interest. It is axiomatic that the bill will limit the right to freedom of expression and the right to access information." Also on the issue of a public-interest defence, Ms Madonsela said: "The protection of whistle-blowers is fundamental to the operation of open and accountable government and is a standard provision in freedom of information legislation in a wide range of countries. In addition, the special rapporteurs 2004 declaration on freedom of information and secrecy legislation stresses the need for information safety valves such as whistle-blowers and calls for the protection of those who disclose information so long as the person acted in good faith. "Further consideration needs to be given to promote protection of whistle-blowers in the face of the severe criminal sanctions within the (bill) which apply to those people who disclose classified information. "It is a difficult balance to strike, but a significant one for the protection of fundamental rights," she said, urging Parliament to review the bill to remove its unintended results. The rights commission said a public-interest override would constitute a reasonable publication defence and would overcome the "chilling" effect that the bill would have on whistle-blowers and investigative journalists. It further said that South African common law recognised the principle of reasonable publication in the public interest. 12 March 2012 Business Day Page 2 Linda Ensor
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have the opportunity to grill President Jacob Zuma during a question session in the National Assembly on Thursday. These engagements allow MPs to hear first-hand the presidents views on matters of national importance. Questions on this weeks agenda will deal with governments concern over "illicit capital outflows" from South Africa and Africa as identified by the United Nations Economic Commission for Africa; progress in transforming the criminal justice system; and presidential pardons, among other matters. Congress of the People MP JuliKilian will be asking Mr Zuma what steps he intends to take to ensure that pupils in the crisis-hit Eastern Cape get quality education. The question is particularly relevant in the light of the disruptions caused to education in the province by teachers strike, and the court action brought last week by Equal Education to force the government to adopt regulations for minimum norms and standards for infrastructure in schools throughout South Africa. Democratic Alliance parliamentary leader LindiweMazibuko wants to know whether Mr Zuma will release the "full and unexpurgated" final report of the commission of inquiry he established to investigate the arms deal once the commission has completed its work. Ms Mazibuko will also ask Mr Zuma if any steps will be taken against those implicated in the report. The long drawn-out saga of the arms deal will continue to cause controversy unless there is full transparency about the work of the commission, which was established to settle, once and for all, the allegations of corruption and kickbacks. Inkatha Freedom Partys Koos van der Merwe will ask Mr Zuma whether he envisages an amendment to the constitution to alter the powers of the Constitutional Court and also to identify the members of the task team that will assess its judgments. Mr van der Merwe wants to know whether any measures will be put in place to ensure that the process "does not impact on the independence of the judiciary". The president will also be taking questions from the public during a live breakfast television show in Port Elizabeth on Friday before formally opening the Port of Ngqura. On Saturday he heads off to Cotonou, Benin, to attend the meeting of the African Union s ad hoc committee of heads of state and government. Parliamentary committees will be working through the strategic plans of government departments and entities which were tabled last week. The ad hoc committee on the Protection of State Information Bill will start processing the 2400 pages of submissions received with a view to short-listing the people and organisations it would like to invite to make oral submissions on the bill. This follows six weeks of public hearings in all nine provinces. The oversight role of legislatures will be discussed at a parliamentary seminar between Wednesday and Friday to be addressed by among others Deputy President KgalemaMotlanthe , National Council of Provinces chairman MninwaMahlangu and African National Congress (ANC) national chairwoman BalekaMbete .
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Ms Mbete was recently appointed to the African Peer Review Committee. No doubt the ruling party will be digesting the scathing attack by Congress of South African Trade Unions general secretary ZwelinzimaVavi during last weeks strike action against e-tolling of the Gauteng highway and labour brokers in which he accused the ANC of "economic apartheid". The issue could arise during the weekly meeting on Monday of the top six officials of the party, who are understood to be incensed by Mr Vavis comments. Moves made by expelled former president of the ANC Youth League Julius Malema will be closely watched this week. He and youth league members Floyd Shivambu and SindisoMagaqa are to file their appeal papers shortly. 12 March 2012 Sunday Times Page 1 Stephan Hofstatter, Rob Rose and MzilikaziwaAfrika
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The plan, which ultimately collapsed, would have seen a politically connected South African front company, set up by 360 Aviation, win a five-year contract worth at least R450-million a year to supply US-made Bell helicopters and parts to the National Iranian Oil Company. Crucially, aviation experts say, many Bell spare parts can be used in Iranian attack helicopters, potentially bolstering Iranian military firepower. The new deal would also have led to South Africa violating its UN Security Council obligation: a 2010 resolution prohibited member states from supplying military-related products. Through access to recordings and confidential documents - understood to have also been obtained and analysed by US intelligence agencies - and interviews with three sources directly involved in putting together the deal, the Sunday Times has established that: Mtshali was at the Bryanston meeting at which Masebelanga solicited a R10-million "bribe" and a R94-million profit share to obtain "support for the deal" from the government; Motlanthe's associates followed through on their side of the deal, obtaining a letter signed by Department of Trade and Industry (DTI) acting deputy director-general Riaan le Roux; and Mtshali planned to fly to Iran with Masebelanga and another close associate of Motlanthe, former Land Bank executive Herman Moeketsi, to clinch the deal. In written responses, Mtshali told the Sunday Times she had "never attended a formal meeting" with 360 Aviation. After being sent the recording on which her voice can be heard, she refused to comment further. But the Sunday Times has learnt that she privately admitted being "introduced" to 360 Aviation MD Barry Oberholzer. These revelations of how Motlanthe's romantic partner was involved in a bid to "sell" government support come as Barry Oberholzer spoke about his role in setting up the scheme, and how US intelligence had sought his assistance in nailing Iran sanctionsbusting schemes. Barry Oberholzer told the Sunday Times the purpose of the Bryanston meeting was to secure a support letter for the Iran deal from Motlanthe, through his associates. "This was primarily for political protection from prosecution and assistance at a high level in Iran," he said. His explanation is supported by a recording of the meeting, which leaves no doubt that the discussion - held in the presence of the deputy president's partner - was about how to "buy" government support for a lucrative sanctions-busting opportunity. The price: an upfront R10-million "consultancy fee" and shares worth an estimated R94-million.
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Masebelanga clearly spells out his ethos of government support for sale: the R10million fee to get the ball rolling. "There is nothing for mahala," he said. In the recording, mysterious North West businessman Joe Mboweni says he works "on instructions from mama", which is understood to be Mtshali, and adds that he is "obviously" interested in discussing the profit share. To which Mtshali is heard saying: "Joe will be instructing." Mboweni adds: "When you are a politician you are not just political, you must also look at the commercial side." He says "Rai" (Masebelanga) should negotiate a "relationship agreement" that will define the "equity and roles of each party" in the deal, then get "the letter". Attempts to reach Mboweni were unsuccessful. Two months later, on April 12, Le Roux signed the "letter of support" saying the Department of Trade and Industry "supports the initiatives by 360 Aviation" as it "welcomes the expanding trade and investment relations with the Islamic Republic of Iran". That same day, Moeketsi took the letter to the Intercontinental Hotel at OR Tambo International Airport and gave it to Barry Oberholzer. On April 18, Moeketsi sent Barry Oberholzer an e-mail headed "Iran agreement and passport photos." Attached were copies of Mtshali, Masebelanga and Moeketsi's passports, and the "commission agreement in respect of consultancy to obtain government support letter". The agreement, signed by Moeketsi and Masebelanga, clearly lays out the terms: they will "obtain a support letter from the South African government" in exchange for a fee of R10-million, to be split 50/50 between them. Although Mtshali is not mentioned in that agreement, the recording of the Bryanston meeting suggests she was part of the overall plan. At that recorded meeting, Masebelanga tells Barry Oberholzer that: "In this, I am not alone, so I have to discuss this with everyone, and Joe, [who acts for Mtshali], is our point man." This suggests that the payments would be shared between all the parties, not just Masebelanga and Moeketsi. Even though Motlanthe's associates delivered on their side of the bargain, the deal ultimately collapsed when 360 Aviation could not agree on terms with the National Iranian Oil Company, so it never paid the R10-million fee to Motlanthe's associates. "If the deal had gone through, we would have paid that R10-million," Barry Oberholzer told the Sunday Times.
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But 360 Aviation did use the letter for another deal - to buy, from a US supplier, Bell parts worth R2-million, which are destined for Iran. The Sunday Times understands this is of interest to US intelligence agencies. The US embassy would not confirm or deny this, or that Barry Oberholzer had passed information to its intelligence agencies. When the Sunday Times confronted Masebelanga with the agreement, he said "I regret it" and that it was "a bit inappropriate, unfortunate". Later, however, Masebelanga sent a written response saying that the contract he had signed was "doctored beyond belief", as it did not include the full intentions of the parties. This is contradicted by his business partner and former Land Bank executive ,Moeketsi, who confirmed to the Sunday Times that he had obtained the support letter from the DTI, and that he was expecting R5-million for doing so. Masebelanga also denied that Mtshali had ever "had a meeting" with Barry Oberholzer to discuss the deal, despite confirmation from a number of people involved that they did indeed meet. "If you wish to, crucify me on the cross of [a] lack of foresight about how the proposed business turned out, but leave [Motlanthe] and Gugu out of this." Masebelanga did admit, however, that he had planned to "bring in" Mtshali and Mboweni in his business deals with 360 Aviation at a later stage. Mtshali said she had "no knowledge of the letter from the DTI" and "has not been party to any agreement with 360 Aviation". Though she admits providing her passport to Masebelanga, she says this was for him to arrange for her "to travel to Botswana". However, e-mails from Moeketsi to Barry Oberholzer, titled "Iran trip", include copies of Mtshali's passport. When it was put to Moeketsi that the documents clearly implied he had helped facilitate Mtshali going to Iran to clinch the deal, he said "yes". Motlanthe himself denied any knowledge of the deal or 360 Aviation , or that his associates tried to "sell" government support for the sanctions-busting deal. But this was contradicted by Barry's Oberholzer's brother, Marcel. He said he had a "meet and greet" with Motlanthe at a private home in Houghton. Motlanthe and Mtshali live in Houghton Estate in a R7-million home owned by Investec director Peter Malungani. Marcel Oberholzer said: "We didn't talk much or discuss our business dealings. He wished us well and thanked us for our visit."
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The DTI said it was "disturbed by allegations that a letter issued with bona fide intentions could be used to allegedly solicit bribes, or to contravene international agreements". Spokesman SidwellMedupe said the DTI would consider launching a probe, as the letter was provided for free "to assist a South African company operating in a challenging environment".
12 March 2012 Sunday Times Page 5 MzilikaziwaAfrika, Rob Rose, and Stephan Hofstatter
Mtshali, Deputy President Kgalema Motlanthe's partner, started making business deals while working full time as a personal assistant at ANC HQ, Luthuli House, while Motlanthe was the party's secretary-general. Mtshali, now 48, is the daughter of a retired truck driver. She started working at Luthuli House as a PA to Cyril Ramaphosa when he was the secretary-general of the ANC in 1991. Mtshali, who was married to Kagiso Media company secretary Dumisani Mtshali, left Luthuli House to give birth to her only child, a boy, in 1994. She returned and worked as a PA to former ANC treasurer Mendi Msimang. It was while working for Msimang that she became a director of various companies. One was Vuna Coal Holdings, where Andrew Hendricks, husband of Lindiwe Hendricks (minister of water affairs during Motlanthe's tenure as president of South Africa), was also a director. Vuna Coal Holdings was a subsidiary of Vuna Mining Enterprises, which was taken to court for an alleged conflict of interest over prospecting mining rights. Vuna Mining was awarded the rights in 2005 while Lindiwe Hendricks was minister of minerals and energy and her husband was one of the directors. The minister herself previously held shares in Vuna Mining. Although it is not clear when Mtshali and Motlanthe started dating, she divorced her husband of 17 years in December 2008. Meanwhile, Motlanthe, who had been estranged from his wife, Mapula Motlanthe, a former radiographer at Leratong Hospital in Mogale City, for many years, finally
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separated from her after Mtshali's divorce. Motlanthe has three children with his former wife. Motlanthe served as president from September 25 2008 to May 9 2009 after Thabo Mbeki was removed by the ANC. In September 2009, Mtshali left Luthuli House, where she was a PA to Mathews Phosa, the current ANC treasurer, to concentrate on her business ventures. She was embroiled in another scandal in 2010, a multibillion-rand business deal which also involves President Jacob Zuma's son, Duduzane. She is one of the co-founders and shareholders of Imperial Crown Trading (ICT), a company that, in November 2009, was controversially awarded prospecting rights worth billions of rands to the Sishen mine by the Department of Mineral Resources. Kumba, which submitted an application for those rights on the same day, claimed ICT were granted those rights only because of fraud committed inside the Department of Mineral Resources. A criminal investigation by the Hawks showed that ICT's application had included a fraudulent title deed document, which had been stolen from Kumba's application. Steel company ArcelorMittal then announced it would buy ICT for R800-million as part of a bigger BEE deal. The deal, which has now collapsed, would have seen Duduzane Zuma's company awarded shares worth R933-million and Mtshali pocketing R300-million in shares and an additional R67-million in cash. Now Mtshali is facing another scandal in the controversial sanctions-busting deal, involving government support, exposed in today's Sunday Times.
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The call to win Gauteng in 2014 echoed around the Heartfelt Arena decked out in big DA banners stating Delivery, Redress, Reconciliation. Blue was the dominant colour of delegates DA T-shirts. The colour of freedom, according DA parliamentary leader Lindiwe Mazibuko. Following the upbeat 2014 election talk, it remains to be seen whether the DA can muster another one million voters come 2014. While a lot of work was required, the DAs aim of boosting national support to 30 percent was not far off the current 24 percent voting support. And if the DA did not win outright, a coalition government in Gauteng was a real possibility.
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Earlier, DA leader Helen Zille launched a scathing attack on what she descried as the ANCs attempt to change the constitution under the guise of talking about a second transition. And she pulled no punches just days after Cosatus protest against e-tolling, saying marches and toyi-toyis did not change much, but making a mark on the ballot for the DA would. Im waiting for Zwelinzima Vavi to apply for (DA) membership, Zille said. 11 March 2012 The Sunday Independent Page 13 Mamphela Ramphele
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To place the current onslaught on our constitution in its historical context, it needs to be remembered that, as a result of its experience of the abuse of power by the then minority-parliamentary state, the ANC, in its Harare Declaration of 1989, insisted on a Bill of Rights as a cornerstone for negotiations about the future. The foundation of our democracy is that all shall enjoy universally recognised human rights, freedoms and civil liberties, protected under an entrenched Bill of Rights. South Africa shall have a new legal system that shall guarantee equality of all before the law. South Africa shall have an independent and non-racial judiciary. When he inaugurated the Constitutional Court on February 14, 1995, former president Nelson Mandela made the now famous remark about the role of the Constitutional Court: The last time I appeared in court was to hear whether or not I was going to be sentenced to death. Fortunately for myself and my colleagues, we were not. Today I rise not as an accused, but on behalf of the people of South Africa to inaugurate a court South Africa has never had, a court on which hinges the future of our democracy. Our current president is betraying the legacy of his own party, the ANC. Unfortunately, he is not alone in this betrayal. We can rightly assume that because it is the president who uttered these words, he has the support of his cabinet and/or the leadership of the ANC. In fact, in September last year, Gwede Mantashe, the secretary-general of the ANC, accused the Constitutional Court judges of being hostile to us, of being driven by selfish interests and of threatening the stability of government. Ngoako Ramatlhodi, the Deputy Correctional Services Minister, went even further in betraying the ANC legacy in September 2011 when he said that ANC negotiators were making dangerous compromises, resulting in acceptance of a negotiated settlement that migrated power from the executive and the legislature and vested it in the judiciary and Chapter 9 institutions, leaving the black majority to enjoy empty political power while forces against change reign supreme in the economy, judiciary, public opinion and civil society. What is clear is that there is a conflict of values at play here its about transformation and about who is best able to defend the spirit of our constitution. There is nothing wrong with looking at whether poor people have access to justice, to what extent the judiciary has been implementing the letter and spirit of the constitution. The question is how this is done. Recognising that the constitution is the cornerstone of our young democracy, but at the same time that it is not perfect, a number of concerned citizens participated in the founding of the Council for the Advancement of the Constitution (Casac).
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The word advancement was deliberately chosen above words such as defence because progressive constitutionalism is a pivotal founding principle. As the supreme law of the land, the constitution provides a framework for the social and economic transformation of South Africa, and for a deliberative, participatory and inclusive democracy. This framework, together with its underlying values and founding principles, needs to be protected and advanced: l The constitution itself must be subject to ongoing critical appraisal to assess its efficacy as the needs of the country change. There may be a need to debate and lobby for constitutional and legislative reform to enhance the legitimacy of the democratic political process. The constitution must be a living, not a static, document that evolves to deepen democracy. The electoral clause is a case in point that should have been reviewed five years after the 1996 adoption of our constitution. The review was done, but the political will to let go of a closed party list led former president Thabo Mbeki to shelve it. Citizens ought to campaign for progress on this clause to make the voice of voters more meaningful. l The principle of the rule of law is a critical building-block in the pursuit of the concept of constitutionalism. Public and private power must be exercised within the law to retain legitimacy, and to enhance a culture of responsibility and accountability in order to guard against the arbitrary use and abuse of power and authority. l If it is to dispense justice that promotes substantive equality as well as procedural fairness, judicial independence is an indispensable element, if not a pre-requisite, for the rule of law and the integrity of the court system. A more sinister driver behind the betrayal of the spirit and values of our constitutional democracy is the imperative to shift the blame for poor performance by successive ANC governments over the past 18 years to transform the lives of ordinary citizens. ANC leaders are shielding themselves from taking responsibility for the reality that freedom has yet to have any meaning for those living on the edge of survival in urban slums and rural villages and towns. The government-initiated National Planning Commissions diagnostic report and the draft National Development Plan have laid bare the failures of the post-apartheid state, to effectively transform the legacy of the past and live the dream of social justice set out in our Bill of Rights. The most devastating aspect of this failure is in the education and health sectors.
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These sectors are the pillars of enhancing human capabilities and making freedom a reality for all. Our economic growth is languishing for lack of skills with close on 800 000 shortages, while 600 000 young graduates remain unemployed. Employability of school leavers and graduates is the biggest challenge facing us, resulting in close on 4 million young people being stranded without a future. It is hard to see how a hostile judiciary could have prevented successive governments from transforming the apartheid education we inherited into one characterised by excellence and equity. How did the judiciary stop the government from ensuring full coverage of early childhood education to promote critical cognitive development of our three- to nineyear-olds? How did it undermine the setting of high standards of professionalism and discipline in schools, FETs, universities and other institutions of learning? The tragedy of wrong policy choices and poor leadership and management has undermined the governments laudable efforts of allocating the largest share of budget to education no less than R200bn per annum over the past few years. We must be very afraid as citizens when scapegoats are used to mask government failures. We need not look far for examples of the tragic results of such scapegoating. Be very afraid, especially bearing in mind Gwede Mantashes recent message to a recent Zanu-PF Congress that: This message of solidarity is an acknowledgement of the fact that we belong together. Our relationship has been sealed in blood, since we fought the same white colonialists. Citizens, as stewards of this democracy, need to stand up and defend the foundations of our constitutional democracy before it is too late. Nothing could be more important. 12 March 2012 The New Age Sapa
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he said - referring to the ANC's June policy conference, and also the leadership conference in Mangaung, Bloemfontein, schedule for December this year. The political challenges faced by Cosatu made it clear that he had to raise his voice significantly, because Cosatu did not exist "to massage the government and assure them of our undying love," Vavi said. Cosatu was "predictable", and there was never a "pre-conference period where people pretended to be nice and pleasant, and then a post-conference period where the organisation was lazy and useless," he told delegates. 11 March 2012 The New Age Sapa
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