Tuesday, August 3, 2010

Judge: Selebi an embarrassment






2010-08-03 13:19

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Johannesburg - Former top cop Jackie Selebi was sentenced on Tuesday to 15 years imprisonment by Judge Meyer Joffe in the South Gauteng High Court.

"I am satisfied that a sentence of 15 years imprisonment is appropriate in the matter," said Joffe.

Selebi was found guilty of corruption on July 2 for receiving payments from convicted drug trafficker Glenn Agliotti.

Former national police commissioner and president of Interpol, Selebi shook his head and blinked several times as Joffe read out the sentence.

Joffe called Selebi an embarrassment to the police.

He found it beyond understanding that Selebi thought that the court would accept evidence that he sometimes manufactured.

"If you thought the court would believe you, that is an embarrassment."

Joffe said Selebi was aware of his illustrious position and that police and citizens looked up to him.

Balancing act

Selebi's sentencing was preceded by Joffe explaining what he had to take into account when deciding on an appropriate sentence.

He had to balance punishment, retribution, needs of society and whether there were compelling circumstances to deviate from a minimum sentence of 15 years.

Selebi could have said no when Agliotti approached him with money and gifts.

This would have been expected from a junior constable earning a pittance, the judge said.

Agliotti, who was appearing in a nearby court on murder charges, when asked if he had heard his one-time friend has been sentenced, said: "I believe so but I have no comment on that."

Judge Joffe said Selebi was aware of the obligations he held when he took office.

At no stage during the trial did Selebi show remorse.

Selebi's counsel Jaap Cillers asked for an order for Selebi to be released on R20 000 bail to file a leave to appeal application within 14 days, failing which he would start his sentence.

Nothing to say

Selebi said following his sentencing: "I'm all right. I have nothing to say."

He was overheard to say: "It's still a long way" as he waited for his bail to be paid.

His lawyer Jaap Cilliers stepped in to shield him from reporters saying: "Please just respect him, no comment."

Selebi, if upset, was hiding it well.

He was seen laughing, throwing around some Russian "nyets", sitting in a court chair and waiting to be allowed to leave while some burly male friends stood protectively near him.



- SAPA

The Star

Nerws 24.Com

Comments by Sonny

Selebi is not the only "embarrassment" to have worn a police badge!!

He is on the same level as Shabir Shaik Robert McBride and many others!

Will Selebi, The Mbeki man, get the same treatment as Shaik, the Zuma cronie?

Husband recounts wife's last moments





August 03 2010 at 06:50AM Get IOL on your
mobile at m.iol.co.za

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By Karen Breytenbach Justice Writer

Sitting at his dying wife's bedside after she had been shot in the head in her driveway, Bergvliet resident Smiley van Zyl had to do the hardest thing he had ever done: he had to hold the cellphone to her ear so that their son in America could say goodbye before life support was switched off.

Van Zyl gave emotional testimony in the Western Cape High Court on Monday as he recounted the horror of losing Jane, his beloved wife of 32 years. They have two sons, aged 29 and 27, and were business partners in a skincare company.

His younger son in Nebraska wanted to be with the family to say goodbye a day after the shooting, but it would have taken him three days to get to Cape Town.

On the evening of April 13, 2008, Jane took Smiley to Constantiaberg Medi-Clinic for abdominal pain treatment and said she was nervous to drive home alone late at night.

"I remember I jokingly replied, don't be a girl, keep the windows closed and use the remote control to open the gate. We had a Rottweiler, Caesar, a 70kg animal, and if you opened the gate he would come out and meet the car. I thought there wasn't much that could go wrong.

"She said goodbye, and turned back and said goodbye a second time. It was unusual for her to do this. Little did I know it was the last time I'd see her alive," Van Zyl said, before breaking down.

Between 10.30 and 11pm, she was shot in her driveway. Only her handbag was stolen.

Gershwin Hartzenberg, 27, of Parkwood, pleaded not guilty on Monday to Van Zyl's murder and robbery with aggravating circumstances, unlawful possession of a firearm and ammunition, and the robbery with aggravating circumstances of Newlands resident Linda Heeger.

Hartzenberg had been released on R400 bail two weeks before Jane van Zyl's death, while facing more than 150 charges.

Van Zyl has vowed to take on the State for allowing the release of an apparently dangerous criminal.

Van Zyl's nightmare began to unfold while he lay in hospital, when a neighbour called to ask what the noise was outside his house.

He became frantic when his wife did not answer the phone.

Calling their security company, he was told not to worry, the lady at his address had been shot, but everything was under control.

"My world came to a standstill. I pulled the drip out of my arm. You could say it was perfect timing, because just then my neighbour and the squad car arrived at the hospital."

Smiley van Zyl said he had to endure a barrage of questions from the police on the way home.

At his home, the street had been cordoned off and there was a hive of activity. Desperate to get to his wife, he ducked under the police tape and ran
to her car.

What he saw was a shattered window and blood, but no Jane. He was told his wife had been taken to hospital, but everyone remained
frustratingly vague about her condition.

At the Groote Schuur Hospital trauma unit, he saw his wife again, bandages around her head. She needed a CAT scan. He got hold of the medical
file and saw surgery was "not required" and if her condition did not improve drastically in 12 hours life support could be turned off.

"That was the first time it dawned on me that the woman I kissed goodbye less than an hour earlier, I?d lost forever."

Heeger testified about the robbery in front of her house in Swansea Road, Newlands, between 10.30 and 11pm on March 13, 2008. She could
describe the event, but could not identify her attacker.

Heeger said the man and an accomplice blocked her off by parking diagonally in front of her car. He got out, pushed a gun against her window and demanded her handbag. No valuables, including her wedding ring, were recovered.

The case continues on Tuesday.

karen.breytenbach@inl.co.za

This article was originally published on page 1 of Cape Times on August 03, 2010

IOL News

Comments by Sonny

Is this the price of our new democracy, Mr Zuma?

R100m robber implicates lawyer






3 August 2010, 07:45

A self-confessed OR Tambo International Airport robber has fingered his attorney for "inducing him to commit a crime of lying under oath".

The damning comments against the prominent East Rand lawyer Mannie Marx emerged during the cross-examination of Nazir Ishmail who turned State witness against his nine former co-accused Fox Shikunwela Sithole, Eddie Ubisi, Ronny Bongani Mbuyisa, Ananias Nefumembe, Uakareraije Maunda, Thokozani Michael Ziqubu, Vusumzi Edward Dlangalala, Cecil Arendse and Chris Billings.

Ishmail was questioned about the contradictions in the warning statement he made to the investigating officer.

He made this statement a few days after his arrest in connection with the R100 million robbery.

In the warning statement, Ishmail agreed to all the elements of the crime.

He implicated himself in the robbery and also admitted to receiving cash of R3m as his share of the loot.

He also implicated his co-accused in the robbery which took place at the airport on March 25 2006. The gangsters disappeared with R100m and other precious items.

However, Ishmail changed his tune during the bail application of disgraced Kempton Park lawyer Rooshdean Rudolph and his brother Shameed.

The Rudolph brothers were the last accused to be arrested.



This article was originally published on page 3 of The Pretoria News on August 03, 2010

The Star

Comments by Sonny

Looks a lot like the Shabir Shaik, JZ, Jackie Selebi and Glenn Agliotti trials...

There is no honour amongst thieves..... and murderers!

Monday, August 2, 2010

DA Newsletter 1 August 2010






1 August 2010

Welcome to the latest edition of SA Today, the weekly newsletter from the Leader of the Democratic Alliance, Helen Zille.



SA Today
Helen Zille, DA Leader

We will never surrender our right to know the truth
When Winston Churchill lost the general election in the same year he led the allies to victory in World War II, he said: “They have a perfect right to kick me out. That is democracy.”

Although a casualty of the democracy he had fought a World War to protect, Churchill accepted his election defeat with good grace. Like most true democrats, he was loyal to democracy above all else.

Two years later, from the opposition benches in the House of Commons, Churchill gave his now famous dictum on democracy. By his standards, it was high praise. He said it was “the worst form of government, except for all those others that have been tried from time to time.”

In our context, some 60 years later, we too should acknowledge the limits of democracy. We know, for example, that it does not guarantee the eradication or even the alleviation of poverty. And we know that people can make poor choices when they elect leaders.

But – whatever its faults – the great advantage of democracy is that it puts power in the hands of the people. This is what makes democracy preferable to every other form of government. It is what the struggle against apartheid was all about. Only in a democracy are politicians afraid of the people instead of the other way around. Only in a democracy can the people kick the government out.

Central to the success of a democracy are the principles of openness and transparency. Without a free flow of information, chiefly through the free media, power abuse goes unexposed, unchecked and unpunished. The truth gets covered up. The result is that people cannot make informed decisions, and they cannot hold their leaders to account at the ballot box. This means that democracy withers and dies.

This is not to suggest that the media always get it right. Far from it. When there is evidence of untrue or malicious reporting, there should be remedies. That is why the media in most democracies recognize credible, independent mechanisms to “watch the watch dogs”. But no government must ever have anything to do with this function. This is inevitably a recipe for a closed, authoritarian society.

This is why every democracy strives for maximum openness.

Nelson Mandela recognised the importance of this back in 1994. Speaking to the International Press Institute Congress he said:

“No single person, no body of opinion, no political or religious doctrine, no political party or government can claim to have a monopoly on truth… It has therefore always been our contention that laws, mores, practices and prejudices that place constraints on freedom of expression are a disservice to society.”

In the same speech he said:

“I have often said that the media are a mirror through which we can see ourselves as others perceive us, warts, blemishes and all. The African National Congress has nothing to fear from criticism. I can promise you, we will not wilt under close scrutiny. It is our considered view that such criticism can only help us to grow, by calling attention to those of our actions and omissions which do not measure up to our people's expectations and the democratic values to which we subscribe.”

Two weeks ago, on Mandela Day, I wrote of the irony that the more the ANC diverges from Nelson Mandela’s vision, the more it seeks to own his legacy. Nowhere is the current ANC leadership's departure from Nelson Mandela more apparent than its stance on press freedom.

In an ANC discussion document on the media released a few days ago, the party put forward the case for a parliamentary media tribunal to hold the press to account. It expressed concern that “some factions of the media continue to adopt an anti-transformation, anti-development and anti-ANC stance.”

What happened to Mandela’s belief that constraints on freedom of expression are a disservice to society. And what happened to the ANC that once proudly claimed to have nothing to fear from criticism?

That ANC is long gone. The ANC of today wants to shut down criticism and present its version of reality as “the only truth”.

The ANC wants to control the independent media through a parliamentary media tribunal (stacked with ANC MPs). The inevitable result will be a compliant media, seeking to appease this jury of politicians with a keen interest in keeping the media in check. The inevitable result is that all our news will begin to resemble what we regularly see on SABC TV -- a party broadcaster rather than a public broadcaster.

Even worse, the ANC's assault on press freedom seeks to criminalise investigative journalism The Protection of Information Bill which, if passed, will criminalise investigative journalism. It will do so by making it a punishable offence (up to 25 years in jail) to possess classified state information. Any government information will be classifiable if (in the judgment of a politician) its disclosure is deemed harmful to the “national interest” – defined as all matters “relating to the advancement of the public good”, “the pursuit of justice, democracy, economic growth, free trade, a stable monetary system and sound international relations”, as well as “all things owned or maintained for the public by the state.”

In other words, virtually all state information will be off limits to journalists and anyone with an interest in the truth. Just like under apartheid, the government will invoke the “national interest” to cover up every abuse of power. For example, every document that contains any evidence of corruption will immediately be classified -- probably by the guilty party in government!

The "national interest" should never be confused with the public interest. As media analyst Tawana Kupe has noted, the national interest is “the interests and values appropriated by particular groups in their attempts to achieve hegemonic domination in a society”. The public interest, on the other hand, is “broader than the national interest in that it speaks to and reflects the values that no single social organization or individual or entity can claim sole ownership of.”

As is evident from his speech quoted above, Nelson Mandela understood this distinction. He knew that the interests of the party (“national interest”) and the interests of the people (“public interest”) were not the same thing. The ANC of Jacob Zuma, on the other hand, thinks they are. This is clear from the ANC’s discussion document on the media.

The document claims that the ANC resolutions reached at its Polokwane conference “express the views of the people” and that these ideas are “not the stuff that sell newspapers and make news, but they are what the people want.” It adds: “We must take charge to ensure that they dominate the national discourse and that our voice is heard clearly above the rest.”

This is a red danger zone for our democracy. Every totalitarian regime – from Hitler to Stalin to Mao – has claimed that The Party embodies the will of the people and used it to justify closing down the democratic space including the curtailing of media freedom, the banning of political parties and eventually the crushing of dissent.

It is time that more people realised that these tendencies are alive and well in the ANC of Jacob Zuma. ANC spokesperson Jackson Mthembu said it all when he attempted to justify the proposed media tribunal to a journalist:

"If you have to go to prison, let it be. If you have to pay millions for defamation, let it be. If journalists have to be fired because they don't contribute to the South Africa we want, let it be."

We will use every means at our disposal to defend our country and democracy from the ANC’s assault. We will take the fight all the way to the Constitutional Court if necessary. But, whatever happens, we will not allow an authoritarian law to prevent us from exposing power abuse whenever and wherever it occurs. We would rather go to prison in pursuit of the truth than be complicit in the death of democracy. We will never surrender our right to know.



Helen Zille

Sunday, August 1, 2010

Ex-Vlakplaas operative on the run






2010-08-01 22:47


Related Links

Vlakplaas cops get amnesty
Search on for apartheid hitman

Amanda Roestoff, Beeld

Johannesburg – Joe Mamasela, a former Vlakplaas operative and self-confessed murderer of the Pebco 3 and Durban lawyer Griffiths Mxenge, has gone missing since the owner of the house in which he stayed was shot dead in Soweto on Saturday night.

Mamasela rented a room at the murdered man’s house in Zola, and had reportedly been given notice to vacate the room shortly before the incident.

The incident happened late on Saturday night.

According to Kay Makhubela, police spokesperson, the 49-year-old home owner was shot four times. He died at the scene, according to a report by Sapa.

Julia Claassen, provincial police spokesperson, confirmed that Mamasela was given notice to vacate his room on the particular day.

The name of the dead man has not yet been released.

Mamasela, who is in his early fifties, fled following the murder and was apparently still missing on Sunday night.

Vlakplaas

He was part of the former unit at Vlakplaas, led by former colonel Eugene de Kock in the 1980s.

In March 1998 Mamasela denied that he had lied or exaggerated about anything regarding the kidnapping and murder of Sipho Hashe, Champion Galela and Qaqawuli Godolozi, all members of the Pebco 3 (Port Elizabeth Black Civics Organisation).

He testified before the Truth and Reconciliation Committee that the three were beaten to death.

The revelations came after eight former members of the security police – Gideon Nieuweoudt, Gerhardus Lotz, Herman du Plessis, Sakkie van Zyl, Harold Snyman, Gerhardus Beeslaar, Johannes Kode and Peter Mogoai – applied for amnesty.

The eight police officials admitted to murdering the Pebco 3, but said they were shot and were never questioned or tortured.

Mamasela was also involved in the death of ten youth activists – better known as the Mamelodi 10 - in 1986 as well as that of human rights lawyer Mxenge, who was stabbed to death in the ealry eighties.

He had immunity from prosecution at the time because he had helped snare the former security police officials who were guilty of human rights crimes.

BEELD

News24.Com

Comments by Sonny

What are the reasons behind Mamasela's flight from Soweto?

Will he be suspected of this murder?

ANC can’t handle a mirror that doesn’t say its the fairest of all





Posted: July 31st, 2010 | By Ray Hartley | Posted in General

Tagged as ANC, classified, freedom, media, media tribunal, MP, Parliament, proposals, protection of information, speech, Sunday Times

1 COMMENTEMAIL SHARE

PREVIOUS POST
THE beauty of the ANC’s freshly released document, “Media Transformation, Ownership and Diversity” is the party’s refreshing admission that it loathes criticism.
But to get to the honesty you first have to negotiate the doublespeak. The invention of the term “doublespeak” has been wrongly attributed to George Orwell. But Orwell did invent the notion of “doublethink”.
Here’s the sentence in which it first made an appearance: “His mind slid away into the labyrinthine world of doublethink. To know and not to know, to be conscious of complete truthfulness while telling carefully constructed lies, to hold simultaneously two opinions which cancelled out, knowing them to be contradictory and believing in both of them …”
The ANC’s document starts out as a sermon: “All of us have a responsibility to defend media freedom and editorial independence from any form of compulsion, be it political, economic or commercial.”
But the next paragraph starts with the telling qualification, “However”, and it is downhill from there. Sentences such as this appear: “(A) Cursory scan on the print media reveals an astonishing degree of dishonesty, lack of professional integrity and lack of independence.”
And: “The abuse of positions of power, authority and public trust to promote narrow, selfish interests and political agendas inimical to our democracy. This points to the fact that the problem of what is called ‘brown envelope’ journalism. This type of rot is a much more serious problem than the media is willing to admit.”
And the remedy? The “ownership and control” of the media must be addressed. “Freedom of expression needs to be defended but freedom of expression can also be a refuge for journalist scoundrels, to hide mediocrity and glorify truly unprofessional conduct. Freedom of expression means that there should be objective reporting and analysis which is not coloured by prejudice and self-interest.”
The proposal is that a Media Appeals Tribunal be established. Such a tribunal, the ANC is at pains to stress, would be accountable to parliament “instead of the ANC with all its bias and firm views”. It is hard to share the ANC’s faith in the independence of its MPs.
The truth about the media is very different to that which this document offers. The lion’s share of South Africa’s radio and television stations, which the ANC acknowledges reach an audience more than double that of print media, fall under the ambit of the public broadcaster, which some view as all but an official mouthpiece of the ruling party.
South Africa’s press is robust, highly competitive and diverse and, in the case of this newspaper’s owners, Avusa, has a strong empowerment shareholding.
But that’s not good enough. The ANC wants the mirror to say it is the fairest in the land, every hour, every day.

Related posts:

Proposed media pledge of allegiance
A sad, tearful goodbye to Essop Pahad
Mbeki: Journalists should not be jailed
Without satirists like Zapiro, we are not free
The year of publishing dangerously



COMMENTS



Rowan
July 31, 2010 at 7:41 pm
Zapiro once made a great cartoon of PW dressed up as “The emporer with no clothes”…a very incisive take on the times of those days. What a great tale to base a political cartoon on!!

Now which story could depict this new development from the ruling party…?
I await with bated breath…and search my garage for old fairy tale books.
Im am looking forward to zapiro’s next cartoon masterpiece!

Times Live - Ray Hartley

Comments by Sonny

The ANC uses Communist Rhetoric to pacify the SA public and opposition!

The ANC is intent on Muzzling the Media!

Bheki Cele's R500m police rental deal





Brass baffled as top cop suddenly signs lease for new HQ - without tendering

Aug 1, 2010 12:00 AM | By MZILIKAZI wa AFRIKA and STEPHAN HOFSTATTER

A billionaire businessman has clinched a dodgy R500-million property deal with police chief General Bheki Cele that will result in the police moving their headquarters to a building he bought this week.

BIG SPENDER: General Bheki Cele could not explain the irregularities


The Sunday Times can reveal that Cele signed the deal to move SA Police Service top brass - including minister of police Nathi Mthethwa, his deputy, Fikile Mbalula, and administrative staff - to Roux Shabangu's building almost two months before he bought it.

The deal never went out to tender, violating Treasury regulations that all contracts over R500000 must go through a competitive bid process. After three days of queries from the Sunday Times, the Department of Public Works could not explain why it had flouted Treasury rules.

"We will give you a written response by Monday or Tuesday," said spokesman Lucky Mochalibane.

Shabangu confirmed he bought the 18-storey Middestad Sanlam centre in Pretoria on Wednesday for R220-million and claimed he was still "negotiating" with the police to move in.

But the Sunday Times is in possession of a lease agreement for Middestad between Shabangu's company, Roux Property Fund, and the SAPS, signed by Cele and public works official MB Tlolane on June 1.

The lease will run for 10 years from today and specifies cheques should be made out to Shabangu's company. Projected expenditure under "actual cost calculations" totals R520947435. The police will occupy 21747m² of office space. The remaining 16000m² is mostly made up of shops on the ground floor.

SAPS headquarters is housed in the Wachthuis building just around the corner.

It is owned by Encha Properties, which declined to disclose the rental it charged. However, a police insider said the Wachthuis lease was also worth about R500-million, and was set to run for another 10 years.

This is supported by the fact that Encha registered two bonds with Investec over the property for a total of R415-million.

Unless the Wachthuis lease is cancelled, taxpayers could be forking out almost R1-billion in the next decade to house SAPS headquarters.

Several senior officials apparently have serious reservations about the move. "They don't understand why you should rent a new building when there is enough space (at Wachthuis)," said one official close to police management.

For R500-million, at least 10000 new constables could be patrolling South Africa's streets.

Cele said the new space was needed to house the top brass and between four and six specialised units. He could not specify how many police officials would move.

"There are so many units that came under my direct command and they have to be where I am. The minister, the deputy minister and some of the commissioners are moving into the new building with me."

Cele could not explain why he signed the lease in June for a building that was bought this week. "Every day I sign piles and piles of documents and the lease is one of them. If there were any irregularities maybe supply chain management can answer that."

Cele's choice of landlord suggests political considerations trumped efficient use of taxpayers' money at a time when the government claims it can't afford pay hikes for striking public servants.

Wachthuis owners Encha Properties belongs to the Moseneke family, who are close allies of former president Thabo Mbeki.

Shabangu, on the other hand, appears to be well connected to President Jacob Zuma's government, having attended Zuma's inauguration as a VIP guest. He denies using his political clout to close deals.

"I am a businessman and not a politician," he said. "Not everyone who attended that function was there because of political connections."

The billionaire whose family hails from Swaziland started as a humble maize distributor in Mpumalanga.

Today his R1.4-billion property empire includes Protea and Jabulani malls in Soweto and Alex Plaza in Alexandra. He's also a partner in a massive R1.5-billion office and retail development in Mbabane, Swaziland, and a R1.2-billion mall in Mogale City.

He was previously accused of colluding with bank officials to buy properties on auction and sell them back to the government at a handsome profit, but denied this emphatically. "Ag no - that is not correct. We negotiated (farm sales) on behalf of the government and were paid a fee - that is all," he said this week.

Meanwhile, SAPS officials told the Sunday Times Cele has also signed a deal to move police in Durban to another building Shabangu is negotiating to buy.

Shabangu was in Durban on Friday trying to clinch the deal, which he refused to elaborate on, saying negotiations were "at a sensitive stage".

He would only confirm that police would be moving into his Pretoria building. "I (have) just bought (the) building and police want to move in as Wachthuis is apparently flooding and horrible."

He also claimed the validity of Encha's Wachthuis lease was questionable. "There is a big controversy over the validity of (that) lease."

But Encha Properties CEO Dr Sedise Moseneke told the Sunday Times his company had a "lawful lease" to accommodate police headquarters at Wachthuis.

He denied there was anything wrong with the building: "The property is maintained to the highest standards and to date we have not received any complaint whatsoever from our tenant."

mzilikazi@sundaytimes.co.za hofstatters@sundaytimes.co.za

Times Live

Comments by Sonny

Could this be another "Brother Club" deal?

The ANC 'Fat Cat' syndrome!

Controversy never ends in this part of town!