Tuesday, November 30, 2010
To be free is to be legally armed
JOHANNESBURG : Sonny Cox : 28:30
I have thought hard and deeply about the government and certain elements such as gun free South Africa's agenda to remove firearms from the hands of the private citizens of South Africa. My feelings are expressed in the attachment having spent many years working in a very violent and crime ridden environment.
regards
"To carry a firearm Is Civililised"
As the South Africa government is attempting to disarm the South African public through the draconian laws imposed on the issuing of firearm licenses to its citizens. I offer you a simple example of the proper perspective on what a gun means to a civilised society.
Human beings only have two ways to deal with one another: reason and force. If you want me to do something for you, you have a choice of either convincing me via discussion, argument, or to force me to do your bidding under threat of force. Every human interaction falls into one of those two categories, without exception. Reason or force, that's it.
In a truly moral and civilised society, people exclusively interact through persuasion. Force has no place as a valid method of social interaction and the only thing that removes force from the menu is the personal firearm, as paradoxical as it may sound to some.
When I carry a gun, you cannot deal with me by force. You have to use reason and try to persuade and convince me, because being armed, I have a way to negate your threat or employment of force should you decide to use force against me.
The firearm is the only personal weapon that puts a 65 Kg woman on equal footing with a 105 Kg mugger, a 75-year old pensioner on equal footing with a 19-year old gang banger, and a single guy on equal footing with a carload of drunk guys with chains, broken bottles and baseball bats. The firearm removes the disparity in physical strength, size, or numbers between a potential attacker and a defender.
There are plenty of people who consider the firearm as the source of bad force equations. These are the people who think that we'd be more civilised if all firearms were removed from society, because a firearm makes it easier for a [armed] mugger to do his job. That, of course, is only true if the mugger's potential victims are mostly disarmed either by choice or by legislation, it has no validity when most of a mugger's potential victims are armed and prepared to meet force with force.
People who argue for the banning of firearms ask for automatic rule by the young, the strong, and the many, and that's the exact opposite of a civilised society. A mugger, even an armed one, can only make a successful living in a society where the state has granted him a force monopoly.
Then there's the argument that a firearm makes confrontations lethal that otherwise would only result in injury. This argument is fallacious in several ways. Without firearms involved, confrontations are won by the physically superior party inflicting overwhelming injury to the loser.
People who think that fists, bats, sticks, or stones don't constitute lethal force watch too much TV, where people take beatings and come out of it with a split and bloody lip at worst. The fact that a firearm makes lethal force easier works solely in favor of the weaker defender,
not the stronger attacker. If both are armed, the playing field is level.
The firearm is the only weapon that is as lethal in the hands of a frail 80 year man or woman as it is in the hands of a 150 kg young weight lifter. It simply would not work as well as a force equaliser if it was not both lethal and easily employable.
When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It does not limit the actions of those who would interact with me through reason, only the actions of those who would wish to do so by force. It removes force from the equation... and that's why carrying a gun is a civilised act.
Therefore the greatest civilisation is one where all citizens are equally armed and can only be persuaded, never forced.
Rod Swanepoel
Comments by Sonny
If a governments wants to disarm its citizens it means one thing only - Dictatorship and one party State.
Zimbabwe is a fine example of this lawlessness!
Yes, I've seen it all!
Dear Member,
It has come to our attention that SAPS are contacting people to submit outstanding documents to applications for renewals which have been handed in some time ago (i.e. during the five administrative periods set aside for renewals of 1969 licences). This is no doubt because of the Minister of Police’s recent press statements which indicated that the challenges experienced with the administrative process of firearm licensing will be rectified.
There are, however, also instances where it has come to our attention that SAPS members are now putting pressure on applicants to submit outstanding documents at a specific date or the applications of these people will be cancelled.
Two instances are known where this has happened. The first at Kimberley in last month, and the second recently at Germiston. At Kimberly people were instructed to hand in outstanding documents by 13 November or their applications would be cancelled. At Germiston people have been instructed that if they do not submit outstanding documents by 30 November their applications will be cancelled.
There is no way the SAPS can cancel a legally submitted and accepted application for which any monies were paid (so ascertain that your receipts are kept in a safe place). Only a court of law can do that and then also only for very good reason which the SAPS have to submit.
However, we also advise that you should not unnecessary delay the handing in of such outstanding documents the SAPS may ask, as this only delays the evaluation of your renewal applications.
If there are instances where the SAPS inform you that your applications have been cancelled because of you not handing in documents at a specific time, we request you to please inform the office immediately with the particulars of the specific issue, of the name of the station and the name of the SAPS official who made the statement.
If you would need legal advice on this matter, feel free to contact the association’s lawyer, Mr Juan Kotze at 011 892 1018 or at the.rescue.shop@ezweb.co.za
Be sure to be safe this festive season.
Sincerely
H E
Monday, November 29, 2010
Corruption in KZN - lawyers charged
Corruption in KZN - lawyers charged
November 2010
Related Links
KZN health dept welcomes sentence
KZN man charged with fraud, corruption
Pietermaritzburg - Three Durban attorneys, arrested and granted bail in Pietermaritzburg on Monday, are to face charges along with high profile personalities previously charged with corruption and money laundering.
Nozibele Phindela, Jabulani Thusi and Ian Blose, who were granted R15 000 bail by regional Magistrate Chris van Vuuren, were ordered to appear with the original accused in the matter on December 2.
The attorney's firm Kuboni Shezi is also charged in the case.
A total of 10 individuals and seven companies are charged on 17 counts of corruption and money laundering. Not all the accused are charged with all the counts.
The original accused include Sipho Derrick Shabalala, former head of the KwaZulu-Natal provincial treasury and Uruguayan Gaston Savoi who along with his Intaka Holdings was arraigned on similar charges in Kimberley.
An allegation is that Shabalala dishonestly accepted or agreed to accept more than R1m from Savoi and/or Intaka to exert influence to grant a tender to Intaka for water purification plants.
Allied to this is a fraud charge in that he by misrepresentation negotiated disposal of R44m poverty alleviation fund money with the effect that the money was paid to Intaka for water purification. Also accused are Busisiwe Nyembezi, a former head of the KwaZulu-Natal health department, and Beatrice Shabalala, wife of Sipho Shabalala.
Attorney Sandile Kuboni, Lindelihle Mkwanazi, a shareholder of Rowmoor Investments, and Yoliswa Mbele, also a former head of the provincial department of health are also the accused in the case.
Another accused is Blue Serenity Investments whose shareholders are Sipho and Beatrice Shabalala.
- SAPA
Read more on: corruption | gaston savoi
November 2010
Related Links
KZN health dept welcomes sentence
KZN man charged with fraud, corruption
Pietermaritzburg - Three Durban attorneys, arrested and granted bail in Pietermaritzburg on Monday, are to face charges along with high profile personalities previously charged with corruption and money laundering.
Nozibele Phindela, Jabulani Thusi and Ian Blose, who were granted R15 000 bail by regional Magistrate Chris van Vuuren, were ordered to appear with the original accused in the matter on December 2.
The attorney's firm Kuboni Shezi is also charged in the case.
A total of 10 individuals and seven companies are charged on 17 counts of corruption and money laundering. Not all the accused are charged with all the counts.
The original accused include Sipho Derrick Shabalala, former head of the KwaZulu-Natal provincial treasury and Uruguayan Gaston Savoi who along with his Intaka Holdings was arraigned on similar charges in Kimberley.
An allegation is that Shabalala dishonestly accepted or agreed to accept more than R1m from Savoi and/or Intaka to exert influence to grant a tender to Intaka for water purification plants.
Allied to this is a fraud charge in that he by misrepresentation negotiated disposal of R44m poverty alleviation fund money with the effect that the money was paid to Intaka for water purification. Also accused are Busisiwe Nyembezi, a former head of the KwaZulu-Natal health department, and Beatrice Shabalala, wife of Sipho Shabalala.
Attorney Sandile Kuboni, Lindelihle Mkwanazi, a shareholder of Rowmoor Investments, and Yoliswa Mbele, also a former head of the provincial department of health are also the accused in the case.
Another accused is Blue Serenity Investments whose shareholders are Sipho and Beatrice Shabalala.
- SAPA
Read more on: corruption | gaston savoi
Corruption in KZN - lawyers charged
Corruption in KZN - lawyers charged
November 2010
Related Links
KZN health dept welcomes sentence
KZN man charged with fraud, corruption
Pietermaritzburg - Three Durban attorneys, arrested and granted bail in Pietermaritzburg on Monday, are to face charges along with high profile personalities previously charged with corruption and money laundering.
Nozibele Phindela, Jabulani Thusi and Ian Blose, who were granted R15 000 bail by regional Magistrate Chris van Vuuren, were ordered to appear with the original accused in the matter on December 2.
The attorney's firm Kuboni Shezi is also charged in the case.
A total of 10 individuals and seven companies are charged on 17 counts of corruption and money laundering. Not all the accused are charged with all the counts.
The original accused include Sipho Derrick Shabalala, former head of the KwaZulu-Natal provincial treasury and Uruguayan Gaston Savoi who along with his Intaka Holdings was arraigned on similar charges in Kimberley.
An allegation is that Shabalala dishonestly accepted or agreed to accept more than R1m from Savoi and/or Intaka to exert influence to grant a tender to Intaka for water purification plants.
Allied to this is a fraud charge in that he by misrepresentation negotiated disposal of R44m poverty alleviation fund money with the effect that the money was paid to Intaka for water purification. Also accused are Busisiwe Nyembezi, a former head of the KwaZulu-Natal health department, and Beatrice Shabalala, wife of Sipho Shabalala.
Attorney Sandile Kuboni, Lindelihle Mkwanazi, a shareholder of Rowmoor Investments, and Yoliswa Mbele, also a former head of the provincial department of health are also the accused in the case.
Another accused is Blue Serenity Investments whose shareholders are Sipho and Beatrice Shabalala.
- SAPA
Read more on: corruption | gaston savoi
November 2010
Related Links
KZN health dept welcomes sentence
KZN man charged with fraud, corruption
Pietermaritzburg - Three Durban attorneys, arrested and granted bail in Pietermaritzburg on Monday, are to face charges along with high profile personalities previously charged with corruption and money laundering.
Nozibele Phindela, Jabulani Thusi and Ian Blose, who were granted R15 000 bail by regional Magistrate Chris van Vuuren, were ordered to appear with the original accused in the matter on December 2.
The attorney's firm Kuboni Shezi is also charged in the case.
A total of 10 individuals and seven companies are charged on 17 counts of corruption and money laundering. Not all the accused are charged with all the counts.
The original accused include Sipho Derrick Shabalala, former head of the KwaZulu-Natal provincial treasury and Uruguayan Gaston Savoi who along with his Intaka Holdings was arraigned on similar charges in Kimberley.
An allegation is that Shabalala dishonestly accepted or agreed to accept more than R1m from Savoi and/or Intaka to exert influence to grant a tender to Intaka for water purification plants.
Allied to this is a fraud charge in that he by misrepresentation negotiated disposal of R44m poverty alleviation fund money with the effect that the money was paid to Intaka for water purification. Also accused are Busisiwe Nyembezi, a former head of the KwaZulu-Natal health department, and Beatrice Shabalala, wife of Sipho Shabalala.
Attorney Sandile Kuboni, Lindelihle Mkwanazi, a shareholder of Rowmoor Investments, and Yoliswa Mbele, also a former head of the provincial department of health are also the accused in the case.
Another accused is Blue Serenity Investments whose shareholders are Sipho and Beatrice Shabalala.
- SAPA
Read more on: corruption | gaston savoi
US Leaked report casts doubt on Mbeki's neutrality on Zim
Report casts doubt on Mbeki's neutrality on Zim
MANDY ROSSOUW | JOHANNESBURG, SOUTH AFRICA - Nov 29 2010 11:08
Former president Thabo Mbeki had a bias for Zanu-PF during his time as mediator between Zimbabwe's ruling party and opposition Movement for Democratic Change (MDC), United States embassy documents have revealed.
During the past weekend whistleblower website WikiLeaks released 250 000 documents, consisting of US diplomatic and intelligence reports, to five international newspapers, sending shockwaves through the international diplomatic community.
Included in these documents is a report by US ambassador to Zimbabwe Christopher Dell in 2007, marked "confidential", which sheds light on the US strategy in Zimbabwe, as well as Mbeki's role.
It shows, for the first time, that Mbeki may not have been a neutral broker during the negotiations process, which he was mandated by the Southern African Development Community (SADC) to take charge of.
"Mbeki has always favored [sic] stability and in his mind this means a Zanu-PF led GNU [government of national unity], with perhaps a few MDC additions. This solution is more likely to prolong than resolve the crisis and we must guard against letting Pretoria dictate an outcome which perpetuates the status quo at the expense of real change and reform," Dell wrote in his report.
Dell's report was written shortly after then-US president George Bush declared Mbeki as his "point man in Africa".
Behind the scenes, MDC activists claimed that during the negotiations process Mbeki had favoured president Robert Mugabe's Zanu-PF, but this is the first time the issue is stated in official documents.
Flawed figure
In his assessment of MDC leader Morgan Tsvangirai, Dell said he was the "only player on the scene right now with real star quality and the ability to rally the masses".
But, he said, Tsvangirai was a flawed figure.
"[He is] not readily open to advice, indecisive and with questionable judgment in selecting those around him. He is the indispensable element for opposition success, but possibly an albatross around their necks once in power. Zimbabwe needs him, but should not rely on his executive abilities to lead the country's recovery," Dell warned.
According to Dell, the amount of talented individuals in the MDC was limited.
"With few exceptions -- [finance minister] Tendayi (sic) Biti and [communications minister] Nelson Chamisa is the talent thin below the top ranks. The great saving grace of the opposition is likely to be found in the diaspora."
Dell pulled no punches when he assessed Mugabe.
"To give the devil his due, he is a brilliant tactician and has long thrived on his ability to abruptly change the rules of the game. However, he is fundamentally hampered by several factors: his ego and belief in his own infallibility; his obsessive focus on the past as a justification for everything in the present and the future; his deep ignorance on economic issues (coupled with the belief that his 18 doctorates give him authority to suspend the laws of economics, including supply and demand); and his essentially short-term tactical style."
Mail & Guardian
Comments by Sonny
Mbeki had no secrets!
.....and no Friends!!
Oh, excepting Bob!
'Bad' cop gets top job
'Bad' cop gets top job
Nov 29, 2010 Anna Majavu 156 comments
Officer fingered in fraudulent claims probe now heads tender unit at police headquarters
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A FORMER Free State deputy police commissioner earlier accused of abusing state funds has been transferred to police headquarters in Pretoria, where he now holds a key position.
Thapelo Mamabolo is now the director of support service in the supply chain management division. The supply chain management division ensures that all tenders issued by the police service are done lawfully.
Police spokesperson Vishnu Naidoo has confirmed the appointment.
In January this year the Independent Complaints Directorate recommended that Mamabolo and some of his deputies be fired over fudged crime statistics, the abuse of travel allowances and giving jobs to pals.
The police watchdog found that Mamabolo and Pierre le Roux claimed money for petrol and accommodation to go to the funeral of former Free State provincial police commissioner Amon Mashigo's father-in-law.
When the ICD later investigated, their internal report (in possession of Sowetan) said "no policy could be found that legitimises the trip".
Sources within the police told Sowetan that to make matters worse, Mamabolo had claimed expenses though he had been given a lift free of charge to the funeral.
The ICD recommended to Police Minister Nathi Mthethwa that disciplinary action be taken.
But for the past 10 months, Mthethwa had not acted.
The Congress of the People has slammed the move, saying it was as if Mamabolo was rewarded for being involved in unlawful activity.
Cope spokesperson Phillip Dexter said: "These kinds of revelations are unfortunately becoming an everyday occurrence in the SAPS under Bheki Cele. We want a full disclosure to the public about the ICD report and we would want to see disciplinary action taken. Transferring police who do wrong is not the solution."
Independent Democrats president Patricia de Lille said the government was in the habit of shifting people accused of corruption to other departments or giving them golden handshakes.
"It is unacceptable. They should have laid charges and let the law take its course," she said.
But the Police and Prisons Civil Rights Union said they were just pleased that Mamabolo, Mashigo and the other deputy provincial commissioners had been removed from Free State.
Popcru Free State provincial secretary Rankle Msinto said he did not have a problem with Mamabolo being sent to work in the supply chain management division.
"They did not add any value in Free State but their placement remains the prerogative of the national commissioner (Cele). We understand the investigation into the ICD report is still ongoing but it is the national commissioner's decision whether to suspend them or not," Msinto said.
Three angry sources in the police complained that instead of being punished, Mamabolo was promoted.
Naidoo could not say why Mamabolo was never subjected to disciplinary hearings.
"This matter is still receiving attention, therefore it will be premature to comment on it right now," Naidoo said.
ICD spokesperson Moses Dlamini confirmed that police headquarters had never paid any attention to the ICD's recommendations.
"There has not been an official response to the ICD's report by SAPS management since it was handed to them," Dlamini said yesterday.
Mamabolo declined to comment yesterday.
( The Sowetan )
Nov 29, 2010 Anna Majavu 156 comments
Officer fingered in fraudulent claims probe now heads tender unit at police headquarters
Share
A FORMER Free State deputy police commissioner earlier accused of abusing state funds has been transferred to police headquarters in Pretoria, where he now holds a key position.
Thapelo Mamabolo is now the director of support service in the supply chain management division. The supply chain management division ensures that all tenders issued by the police service are done lawfully.
Police spokesperson Vishnu Naidoo has confirmed the appointment.
In January this year the Independent Complaints Directorate recommended that Mamabolo and some of his deputies be fired over fudged crime statistics, the abuse of travel allowances and giving jobs to pals.
The police watchdog found that Mamabolo and Pierre le Roux claimed money for petrol and accommodation to go to the funeral of former Free State provincial police commissioner Amon Mashigo's father-in-law.
When the ICD later investigated, their internal report (in possession of Sowetan) said "no policy could be found that legitimises the trip".
Sources within the police told Sowetan that to make matters worse, Mamabolo had claimed expenses though he had been given a lift free of charge to the funeral.
The ICD recommended to Police Minister Nathi Mthethwa that disciplinary action be taken.
But for the past 10 months, Mthethwa had not acted.
The Congress of the People has slammed the move, saying it was as if Mamabolo was rewarded for being involved in unlawful activity.
Cope spokesperson Phillip Dexter said: "These kinds of revelations are unfortunately becoming an everyday occurrence in the SAPS under Bheki Cele. We want a full disclosure to the public about the ICD report and we would want to see disciplinary action taken. Transferring police who do wrong is not the solution."
Independent Democrats president Patricia de Lille said the government was in the habit of shifting people accused of corruption to other departments or giving them golden handshakes.
"It is unacceptable. They should have laid charges and let the law take its course," she said.
But the Police and Prisons Civil Rights Union said they were just pleased that Mamabolo, Mashigo and the other deputy provincial commissioners had been removed from Free State.
Popcru Free State provincial secretary Rankle Msinto said he did not have a problem with Mamabolo being sent to work in the supply chain management division.
"They did not add any value in Free State but their placement remains the prerogative of the national commissioner (Cele). We understand the investigation into the ICD report is still ongoing but it is the national commissioner's decision whether to suspend them or not," Msinto said.
Three angry sources in the police complained that instead of being punished, Mamabolo was promoted.
Naidoo could not say why Mamabolo was never subjected to disciplinary hearings.
"This matter is still receiving attention, therefore it will be premature to comment on it right now," Naidoo said.
ICD spokesperson Moses Dlamini confirmed that police headquarters had never paid any attention to the ICD's recommendations.
"There has not been an official response to the ICD's report by SAPS management since it was handed to them," Dlamini said yesterday.
Mamabolo declined to comment yesterday.
( The Sowetan )
‘Sexual harassment is for whites only’
29 November 2010, 00:11
A computer company has been ordered to pay R60 000 damages to a former employee after it was found it did not adequately address her complaints of sexual harassment by a superior.
The woman claimed R200 000 in damages from Sahara Computers Ltd.
She was a clerk when a manager from another department sexually harassed her.
She instituted a claim for mental anguish and psychological trauma in the Pretoria High Court.
She said her employer was obliged to provide her with a safe working environment where she would not be
subjected to sexual harassment. She said she reported the sex pest to her superiors but the company was reluctant to act against the culprit.
She said she did not hold her employer liable for the actions of the sex pest, but said the company should have acted against him when she lodged the complaint.
She testified that she started to work as a clerk at the firm in November 2006.
A few months later, the manager of another department, asked her “how did she come to work there without passing through him”.
He told her everyone had to first pass him and that he would like to have sex with her. She told a colleague about this, who advised her to ignore it, as the man was “well connected”.
She said the manager often came to her department and always told her he wanted to have sex with her. One morning, while she was sitting on a chair, he came from behind and put his arms around her and tried to touch her private parts.
Two other colleagues saw this.
She reported him to her manager but he told her he could not do anything as the man was “well connected”.
He said her complaint could instead lead to her dismissal.
He, however, undertook to look after her in her department and see that the manager did not bother her there. She said the sex pest kept on visiting her when her boss was not there and told her that “sexual harassment is for whites only and does not apply to him”.
Once he came into the storeroom where she was but only later realised her boss was also there.
He then left, but told her in Tswana that “he will get her and she will have sex with him”.
Another time, she said, the sex pest poured water on her private parts. When she complained to bystanders, he held out his phone to her and told her to phone his superiors, as they would not do anything.
She also testified about other incidents. She said in February 2008 she officially complained to the company’s human resources (HR) department.
A disciplinary hearing was held where the man admitted he was “harsh or rude” towards her. He was issued with a final warning.
She was unhappy with the outcome and said she at least expected him to be suspended. When she encountered him after this at work, he had a threatening attitude towards her, she said.
She said she tried to appeal the finding of the disciplinary hearing, but nothing came of it. She then resigned in May 2009 “as she felt her employer was not protecting her”.
Judge Ben du Plessis found that something happened to upset the woman and on the evidence, that something could only be the sexual harassment she claimed.
Du Plessis said the company acted reasonably regarding the sexual harassment after she reported it to the HR department.
But, he said, the problem should have been addressed earlier, when she told her manager about it.
While he protected her within the confines of their office, the harassment on the premises continued elsewhere. The judge said if her manager reported her complaint earlier to HR, the harassment would have stopped then.
The company should have had management and disciplinary structures to immediately and effectively have dealt with the complaint, the judge said. - Pretoria News
The Star
Comments by Sonny
The 'well connected' Chopper brother who illegally land their "Sahara" Choppers at Zoo Lake.
Does JZ get flips to his house in Parktown?
From Blue Light Gang to Chopper Gang in two flips!
Review
Article: Mystery deepens over Gupta chopper landing.(News)
Article from:The Star (South Africa) Article date:November 15, 2010 Copyright
Vip Jet Charter
Prestige Aviation
Southern Africa. Variety of used aircraft and helicopters for sale.
www.prestigeaviation.co.za
BYLINE: ANGELIQUE SERRAO
THE BILLIONAIRE Gupta brothers have defended their landing of a helicopter at Zoo Lake this month, saying they had permission to land the Sahara-branded aircraft.
An article in The Star showed the Gupta-owned helicopter landing at Zoo Lake.
City Parks spokeswoman Jenny Moodley said the Guptas, who own a mega-stake in the Sahara computer company and are the publishers of The New Age newspaper, were denied permission by City Parks in 2007 to use the Saxonwold parkland to land helicopters.
"They were warned that it was not legal, and permission was denied," Moodley said. Yet, in October last year, and more recently last week, …
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Sunday, November 28, 2010
Sources: SIU deputy head facing the axe
Sources: SIU deputy head facing the axe
2010-11-28 15:56
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Johannesburg - President Jacob Zuma’s prime corruption-busting agency, the special investigating unit (SIU), is about to be rocked by the axing of its deputy head.
City Press has reliably learned that Faiek Davids, the SIU’s second-in-charge, is on the brink of being fired from the unit, allegedly for a breakdown of trust between him and SIU boss Willie Hofmeyr.
Davids was placed on “special leave” in June last year, partly due to his name being mentioned in the secret tapes that led to corruption charges against Zuma being dropped.
A range of sources have told City Press that there was widespread confusion in the unit about Davids’ position, mainly because he had not faced disciplinary charges almost 18 months after he was in effect suspended by Hofmeyr.
After obtaining legal advice, the SIU declined to comment on the matter. Davids’ lawyer said he would like to “clarify his situation”, but might be perceived to be acting “in violation of the terms of his special leave”.
City Press understands Davids was placed on special leave for three main reasons:
A voicemail message left on his cellphone by former Scorpions boss Leonard McCarthy that was mentioned in the transcripts of the secret “Zuma tapes” made public in April last year; allegations of insubordination and not following reporting lines; and accusations of nepotism in the appointment of SIU employees.
Hands-off
Because of Hofmeyr’s two jobs – he also heads the asset forfeiture unit in the national prosecuting authority (NPA) – Davids has in effect been running the SIU since 2004.
Hofmeyr has previously admitted to adopting a hands-off approach at the SIU. Sources sympathetic to Davids say Hofmeyr is now trying to reassert his power in the unit.
The SIU is at the centre of the Zuma administration’s anti-graft campaigns and has had numerous high-profile corruption probes referred to it in recent months.
Under Davids, the SIU assumed the role of a state-owned audit firm contracted by various departments to do forensic audits into procurement and service delivery.
Davids managed to stay out of the limelight until the release of the Zuma tapes in April last year.
Contained in the transcripts of conversations between McCarthy, former NPA boss Bulelani Ngcuka and others was a voicemail message McCarthy left on Davids’ cellphone on December 24 2007 – six days after Zuma was elected ANC president at the party’s watershed Polokwane conference.
The message was transcribed as: “Davids, uh, McCarthy here, give me a ring please, you send me ’n gevaarlike SMS here just before Christmas.
"I am Thabo man, I mean we are still wiping the blood from our faces, or egg, or egg and blood from our faces. Saw the man on Friday evening, we planning a comeback strategy.
"And once we have achieved that, we will clean up all around us my friend. Bye.”
Mokotedi Mpshe
Hofmeyr was instrumental in the decision by former acting prosecutions head Mokotedi Mpshe to let Zuma off the hook after receiving transcripts of the secret tapes.
City Press understands that Hofmeyr confronted Davids about McCarthy’s voicemail message.
Davids allegedly refused to discuss the message unless he was provided with the recordings.
At the end of May last year all the SIU’s senior managers were flown to Pretoria for an emergency meeting with Hofmeyr. It was widely expected Davids’ suspension would be announced at the meeting.
Two weeks later, Davids was placed on special leave.
Read more on: jacob zuma leonard mccarthy faiek davids bulelani ngcuka willie hofmeyr mokotedi mpshe
2010-11-28 15:56
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Adriaan Basson and Thando Tshangela
Johannesburg - President Jacob Zuma’s prime corruption-busting agency, the special investigating unit (SIU), is about to be rocked by the axing of its deputy head.
City Press has reliably learned that Faiek Davids, the SIU’s second-in-charge, is on the brink of being fired from the unit, allegedly for a breakdown of trust between him and SIU boss Willie Hofmeyr.
Davids was placed on “special leave” in June last year, partly due to his name being mentioned in the secret tapes that led to corruption charges against Zuma being dropped.
A range of sources have told City Press that there was widespread confusion in the unit about Davids’ position, mainly because he had not faced disciplinary charges almost 18 months after he was in effect suspended by Hofmeyr.
After obtaining legal advice, the SIU declined to comment on the matter. Davids’ lawyer said he would like to “clarify his situation”, but might be perceived to be acting “in violation of the terms of his special leave”.
City Press understands Davids was placed on special leave for three main reasons:
A voicemail message left on his cellphone by former Scorpions boss Leonard McCarthy that was mentioned in the transcripts of the secret “Zuma tapes” made public in April last year; allegations of insubordination and not following reporting lines; and accusations of nepotism in the appointment of SIU employees.
Hands-off
Because of Hofmeyr’s two jobs – he also heads the asset forfeiture unit in the national prosecuting authority (NPA) – Davids has in effect been running the SIU since 2004.
Hofmeyr has previously admitted to adopting a hands-off approach at the SIU. Sources sympathetic to Davids say Hofmeyr is now trying to reassert his power in the unit.
The SIU is at the centre of the Zuma administration’s anti-graft campaigns and has had numerous high-profile corruption probes referred to it in recent months.
Under Davids, the SIU assumed the role of a state-owned audit firm contracted by various departments to do forensic audits into procurement and service delivery.
Davids managed to stay out of the limelight until the release of the Zuma tapes in April last year.
Contained in the transcripts of conversations between McCarthy, former NPA boss Bulelani Ngcuka and others was a voicemail message McCarthy left on Davids’ cellphone on December 24 2007 – six days after Zuma was elected ANC president at the party’s watershed Polokwane conference.
The message was transcribed as: “Davids, uh, McCarthy here, give me a ring please, you send me ’n gevaarlike SMS here just before Christmas.
"I am Thabo man, I mean we are still wiping the blood from our faces, or egg, or egg and blood from our faces. Saw the man on Friday evening, we planning a comeback strategy.
"And once we have achieved that, we will clean up all around us my friend. Bye.”
Mokotedi Mpshe
Hofmeyr was instrumental in the decision by former acting prosecutions head Mokotedi Mpshe to let Zuma off the hook after receiving transcripts of the secret tapes.
City Press understands that Hofmeyr confronted Davids about McCarthy’s voicemail message.
Davids allegedly refused to discuss the message unless he was provided with the recordings.
At the end of May last year all the SIU’s senior managers were flown to Pretoria for an emergency meeting with Hofmeyr. It was widely expected Davids’ suspension would be announced at the meeting.
Two weeks later, Davids was placed on special leave.
Read more on: jacob zuma leonard mccarthy faiek davids bulelani ngcuka willie hofmeyr mokotedi mpshe
Saturday, November 27, 2010
Syndications,Crooks, addicts steal Aids drugs
Crooks, addicts steal Aids drugs
Nov 28, 2010 12:00 AM By SUBASHNI NAIDOO
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The roll-out of the government's multibillion-rand anti-retroviral (ARV) programme is under threat from syndicates that are stealing the ingredients for a deadly new drug.
--------------------------------------------------------------------------------
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The syndicates, operating in KwaZulu-Natal, Gauteng, Eastern Cape and Western Cape, have raided clinics, mugged Aids patients and attempted to hijack distribution trucks.
The government's treatment sites - there are about 4000 which provide ARVs to about 700000 patients - are also being targeted.
The drug, called whoonga or wunga, is a concoction of dagga, the Stocrin antiretroviral and several other substances, including chemicals contained in rat poison. It is used by thousands of addicts who are paying between R15 and R35 for a dose.
An addict can use more than seven Stocrin tablets a day, according to Project Whoonga, an NGO combating the drug.
National police spokesman Colonel Vish Naidoo said they were aware of the problem. "We are on top of the situation," he added.
But Aids activists, city councillors and healthcare workers in the four provinces said there were up to 100 new cases a week of Aids patients being robbed of Stocrin, also known as Efavirenz and Sustiva.
The Sunday Times has also learnt ANC councillors, leaders of community policing forums, the police and Aids activists, that over the past month:
•About 75 Aids patients a week have been robbed of their medication in Durban's Umlazi township;
•More than 25 patients a week have been mugged in Durban's Clermont township;
•A syndicate attempted to hijack a government vehicle delivering drugs to an Mzamo Clinic at St Wendoline near Mariannhill outside Durban;
•Gangs, particularly in KwaZulu-Natal, have attempted to raid clinics and steal Stocrin;
•Some addicts have even deliberately infected themselves with the HI virus to secure a regular supply of Stocrin from state health services;
•Durban police are investigating two massacres related to whoonga, in which 11 people, including three children, were killed, at Durban's Itshelimnyama township and at Shongweni near Mariannhill; and
•The Treatment Action Campaign (TAC) in the Eastern Cape recently launched an investigation into allegations that clinic nurses are selling Stocrin to syndicates.
Project Whoonga founder Thokozani Sokhulu said he knew of addicts who had deliberately infected themselves with HIV to ensure they got a regular supply of Stocrin.
Anwar Jeewa, the director of the Durban rehabilitation centre Minds Alive, said one user got his teenage sister addicted to the drug and then forced her into prostitution to get money for the drug.
The new drug craze comes 15 months after Minister of Health Aaron Motsoaledi warned that SA would not meet its target of providing ARVs to 80% of people living with HIV/Aids by 2011 due to logistical problems and a lack of personnel. The government has subsequently committed a further R3-billion to its national prevention and treatment programme.
The Sunday Times has also established that KwaZulu-Natal, which has more than 400000 patients on ARV programmes, is the hardest hit of the nine provinces.
Provincial Health Department spokesman Maxon Chris said the department did not keep statistics of the number of patients that had been robbed of their medication. However, Umlazi's ANC councillor Sithenjwa Nyawose said he was aware of as many as 15 patients being mugged each week and described the situation as "out of control".
Nyawose related how an armed gang stormed into the township's G Section clinic and stole a large supply of Stocrin.
"They were armed and ruthless. Our community is under siege," he said.
KZN provincial police spokesman Vincent Mdunge, who became aware of the theft several months ago, said police investigating the deaths in Itshelimnyama and Shongweni had established that the killers were high on whoonga.
"This crisis is far worse than what we anticipated," he said.
Police in Gauteng and Western Cape said this week that they were also aware of a number of cases.
National police spokesman Naidoo said: "People have been robbed ... we have received reports from other departments, but not on such a big scale (as in KwaZulu-Natal)."
Friday, November 26, 2010
Official 'cleared' convict's record
Official 'cleared' convict's record
2010-11-27 09:19
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Johannesburg - A correctional services official suspected of clearing the criminal record of a notorious parolee was arrested in Boksburg on Friday.
Department spokesperson Manelisi Wolela said the official allegedly took "Bra Solly" Motsepe's name off the department's database. Motsepe, 72, who absconded and has not yet been found, was due to complete his parole in 2017.
The multi-millionaire drug kingpin was arrested in the 1990s following the discovery of over R20 million worth of mandrax tablets and drug manufacturing equipment.
The arrested official, who faces a charge of fraud and corruption, had been working in the IT section of the correctional centre.
He previously worked in the community corrections office in Johannesburg where Motsepe served his sentence.
The arrest comes after a two-week investigation by the department and the Hawks.
He was expected to appear in court on Monday.
Correctional Services national commissioner Tom Moyane welcomed the news and said it was a positive step in rooting out corrupt officials.
Wolela said the Hawks had launched a nationwide manhunt for the offender.
Anyone with information can contact Colonel Patrick Mbotho on 082-576-4407.
- SAPA
Read more on: crime corruption johannesburg
2010-11-27 09:19
Related Links
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Johannesburg - A correctional services official suspected of clearing the criminal record of a notorious parolee was arrested in Boksburg on Friday.
Department spokesperson Manelisi Wolela said the official allegedly took "Bra Solly" Motsepe's name off the department's database. Motsepe, 72, who absconded and has not yet been found, was due to complete his parole in 2017.
The multi-millionaire drug kingpin was arrested in the 1990s following the discovery of over R20 million worth of mandrax tablets and drug manufacturing equipment.
The arrested official, who faces a charge of fraud and corruption, had been working in the IT section of the correctional centre.
He previously worked in the community corrections office in Johannesburg where Motsepe served his sentence.
The arrest comes after a two-week investigation by the department and the Hawks.
He was expected to appear in court on Monday.
Correctional Services national commissioner Tom Moyane welcomed the news and said it was a positive step in rooting out corrupt officials.
Wolela said the Hawks had launched a nationwide manhunt for the offender.
Anyone with information can contact Colonel Patrick Mbotho on 082-576-4407.
- SAPA
Read more on: crime corruption johannesburg
Thursday, November 25, 2010
Agliotti’s case ‘no run of the mill’
25 November 2010, 00:11
The case against Brett Kebble murder accused Glenn Agliotti was no “run of the mill” criminal trial, Judge Frans Kgomo told the High Court in Johannesburg on Thursday.
“This case is about hidden agendas perpetrated by shady characters as well as ostensibly crooked or greedy business persons... this case is about corrupt civil servants as well as prominent politicians or politically connected people wining and dining with devils under cover of darkness,” Kgomo told the court.
He was in the process of handing down a ruling on whether Agliotti would be discharged in terms of section
174 of the criminal procedure act.
Kgomo was describing the complex case in which current Sport Minister Fikile Mbalula and payments made to former national police commissioner Jackie Selebi were alluded to.
Kgomo noted that there was a “power play” unfolding in the now defunct Scorpions special investigative and prosecuting unit and added that the case played “second fiddle” to the Selebi prosecution.
Selebi is currently in the process of appealing his 15-year corruption sentence, in which Agliotti was a witness.
Kgomo then adjourned for tea.
Agliotti is facing four charges - two of conspiracy to commit murder, one count of attempted murder and another of murder.
The murder charge relates to the Kebble shooting in Melrose, north of Johannesburg.
One conspiracy charge relates to the plot to kill Allan Gray auditor Stephen Mildenhall, Jean Daniel Nortier, Dr Mark Bristow and Mark Wellesley Woods. The other is for planning to kill Kebble.
The attempted murder charge relates to the shooting of Mildenhall in Cape Town in August 2005. - Sapa
The Star
Comments by Sonny
Is this what our Judicial System has become?
The trigger-men get off scott free and the co-conspirator is the overhaul Hero!!
The two main investigators end up Assholes!!
Gerry Nel, which one are YOU?
Agliotti relieved but angry
Share
25 November 2010, 00:11
Glenn Agliotti was “relieved”, but still “angry” after he was found not guilty of the murder of mining magnate Brett Kebble at the High Court in Johannesburg on Thursday.
“I am relieved... justice was done, justice wasn't only done, it was seen to be done,” he said.
“I am angry at the same time.”
Agliotti was arrested in 2006 for the slaying of the mining magnate and further charges were added earlier this year, before the trial commenced.
Judge Frans Kgomo was harsh on the prosecution and the investigators in handing down his judgment.
Agliotti
said he will now spend time with his friends and family.
He does not yet know whether he will take any action against the State.
“We will have to wait and see.”
The ruling followed an application by his legal team for the case to be discharged. - Sapa
The Star
Tuesday, November 23, 2010
Plan to boost psychological services for cops
PRETORIA, SOUTH AFRICA Nov 24 2010 08:20
Psychological services need to be boosted within the South African Police Service (SAPS) to ensure members can fully carry out their duties, Police Minister Nathi Mthethwa said on Tuesday.
To ensure this happens, Mthethwa has tasked SAPS management to provide him with a full action plan before the end of the current financial year, detailing recommendations of how to do exactly that.
"The plan will have clear targets, time frames and retention strategy to assist police morale," said Mthethwa in his response to a parliamentary question on the actual and optimal number of police psychologists employed by the SAPS in each province in the past five years.
"It is common knowledge that police operate under tremendous conditions and the stress levels are often very high ... We need to have police officers who are not only physically fit, but psychologically and mentally stable."
He emphasised the risk in isolating the psychological aspects, adding that recommendations received would be speedily implemented.
Most psychologists in Gauteng
Recent analysis conducted in the department indicates that Gauteng has the highest number of psychologists at 161, followed by KwaZulu-Natal at 136, and the third being the Western Cape at 106.
The minister's spokesperson Zweli Mnisi said this was not entirely surprising as previous research showed that almost 70 percent of crime in South Africa took place in these three provinces.
The North West province had the least psychologists, at 61.
Mnisi said this could be attributed to, among other factors, a decrease in crimes or to certain extents, career moves by the psychologists to other attractive offers -- both locally and internationally. -- Sapa
MAIL & GUARDIAN
Comments by Sonny
What is the true criteria here?
SAPF top management does not believe that PTSD exists?
Is is just a political instrument used against ailing policemen/policewomen??
Stress is as true as AIDS!!
Crime is the real 'sickness' within the SAPF!
DA proposes plan to 'clean up' SAPS
CAPE TOWN, SOUTH AFRICA Mar 03 2010 13:50
The Democratic Alliance (DA) on Wednesday proposed a five-point plan to "clean up" the South African Police Service (SAPS).
"This comes in the wake of seemingly increased illegal activities by police officers," DA spokesperson Dianne Kohler Barnard told a media briefing.
The DA logged 71 cases of police officers reported in the media to have been involved in corrupt or illegal activities over the past six months.
The charges included rape, theft, drug smuggling, physical assault and kidnapping.
These reports illustrated a broader problem affecting the security services -- a failure to exemplify the attitude and values that defined the rule of law, Kohler Barnard said.
The DA's discussion document proposed five measures to tackle the "culture of impunity" and strengthen South Africa's efforts to build a better, more trustworthy police service.
Firstly, the Independent Complaints Directorate (ICD) was the police watchdog, but its recommendations were largely ignored by the police, with the SAPS following only 10% of its recommendations.
The ICD needed to be bolstered to allow proper oversight and accountability.
Secondly, ethical and principled leadership was fundamental to any ethical and principled organisational culture, and went to the heart of any successful police service.
MAIL & GUARDIAN
CRIME MUST BE ERADICATED FROM THE RANKS AND FILE(S) OF THE SAPF!!
Friday, November 19, 2010
Unions blow the whistle
November 19 2010 at 09:45am
Comment on this story
.
Public protector Thuli Madonsela’s revelations about the victimisation of whistle-blowers and the protection of corrupt officials caused a minor sensation this week. But the revelations came as no surprise to many trade unionists – especially not to members of the SA Municipal Workers Union (Samwu) in Limpopo and Mpumalanga.
At a two-day “whistle-blowers’ conference”, organised in Johannesburg by the Open Democracy Advice Centre, Madonsela noted that there was inadequate protection for those who exposed corruption. She gave examples of whistle-blowers at a national level being fired without reasons being given and who continued to be victimised even when reinstatement was won through the courts.
“There is nothing new in that; it is something we have been complaining about for a long time,” says Samwu regional secretary for Mpumalanga, Kgokegi Mphahlele. However, like a number of other unionists, he welcomes Madonsela’s call for greater protection for those who expose corruption at all levels and in all sectors.
Having all too often exhausted official channels, the unions are also now more committed to a “name them and shame them” policy. “A free and critical media is essential in this regard,” says Cosatu spokesman Patrick Craven.
However, he points out that the focus should not be on the public sector only; that such corruption amounts largely to the introduction of “business morality” into this sector. And he stresses that those individuals doing the bribing and those taking the bribes are equally guilty.
“In the labour movement, we say that an injury to one is an injury to all; in the business sector, they see an injury to one as an opportunity for another,” he says.
As the unions see it, gangsters in the corporate and political worlds, operating across all sectors, are behaving like a herd of pigs, fearful that the feeding troughs may soon be empty. They are gouging one another and trampling on anything in their way to gorge themselves to gain more fat, faster, in case the troughs run dry.
The label of gangsters is appropriate for those who bribe and are bribed in the public sector and for those in the corporate sector indulging in what often amounts to little more than legalised theft.
Hypocrisy is usually all that differentiates them from armed gangs that rob and murder since the effect of their actions also often results in tremendous suffering and death.
It is a mad scramble for rapid personal enrichment that sees company executives sacking thousands of workers, while salting abroad large amounts from obscene pay packages; former wildlife conservationists turned rhino horn poachers; and municipal managers passing on bloated contracts to friends and relatives for the provision of inadequate community services.
But it is municipal workers who face the crossfire on the ground, attacked by angry citizens because of service delivery failures and threatened by the managers who cause the failures. And protests through official channels have often proved futile.
Mphahlele’s counterpart in Limpopo, Alfred Sithole, for example, this week presented evidence of municipal officials who were shown to be corrupt, and who were then simply moved to another local authority. “Some of these managers who were involved in corrupt activities have been transferred to municipalities with a much larger budget than the ones they left,” says Samwu media officer Tahir Sema.
In short, having been caught out, they were rewarded. And even where media publicity has named names and given details of corrupt practices, there was little or no action, let alone any prosecutions.
Now Samwu plans to increase the pressure by adopting a “resist and protest” policy at municipalities where corrupt managers are being deployed. The union in Limpopo says it has provided “dossiers of information” to back allegations of corruption in Musina, Vhembe, Tzaneen, Molemole, Phalaborwa and Sekhukhune.
Similar allegations come from neighbouring Mpumalanga where Samwu officials say they provided “a large lever-arch file” of documentary evidence of the corruption of a senior manager to both provincial and national authorities. “But many months later, the manager is still there,” says Mphahlele.
“Something must be done, because this thing is getting out of hand,” he adds.
He should know: Mpumalanga is the province where 12 deaths over the past year have been linked to “tenderpreneurs”, those groups battling to secure lucrative provincial and municipal tenders.
Along with the deaths there have been reports of houses burned down, and of the torture and harassment of community leaders, all amid a swirl of accusations and counter-accusations involving the police, municipal and provincial politicians and officials. “There is no politics or ideology (involved), just factions fighting about money to live a high life,” says Mphahlele.
He points out that the mayor of one of the province’s poorest districts is this week “in Brazil at council expense attending some meeting that seems to have nothing to do with anything here”. Such junkets are also par for the corruption course, he says.
But speaking out does seem to carry a cost: Mphahlele says he has recently received death threats, but remains optimistic that the tide can be turned. He and other campaigning trade unionists are heartened by Madonsela’s statements and also by the announcement by Justice Minister Jeff Radebe this week of a new programme against fraud and corruption.
However, most hopes are pinned on the possible establishment by Cosatu of a high-powered “Corruption Watch” unit. The concept of this “civil society institution” was announced in September by Cosatu general secretary Zwelinzima Vavi.
Speaking in Cape Town, Vavi outlined a plan to establish a team of lawyers, accountants and auditors, to “conduct preliminary investigations and process these with the relevant authorities”. But because this seems to undermine the functions of the police and other official units charged with investigating corruption, there have been “some legal problems”.
A decision is expected to be made at the federation’s executive meeting next week. But what does not seem to be in doubt is the commitment to support a free and critical media. - Terry Bell
IOL News
Comments by Sonny
According to president JZ the "Ancestors" take care of whistle blowers within the ANC!
.....and Elsewhere..........!
State-owned bank to help majority
November 19 2010 at 05:45am
By Wiseman Khuzwayo
Comment on this story
Independent Newspapers
ANC Youth League spokesman Floyd Shivambu says commercial banks only create an indebted black middle class. Photo: Leon Nicholas
Euphoric in the conviction of success with the nationalisation of mines following the ANC engaging the issue with the appointment of researchers, the youth wing has turned its sights onto the establishment of a state-owned bank.
Addressing the fourth annual investment conference of the Association of Black Securities and Investment Professionals in Johannesburg yesterday, ANC Youth League spokesman Floyd Shivambu said commercial banks only assisted in the creation of the indebted black middle class, which owned nothing but debt.
“The financial sector, including banks and insurance companies, are not helping our people, particularly the black majority and Africans in particular,” Shivambu said.
He called for the establishment of a state-owned bank through the recapitalisation of the Post Bank or the creation of a new entity that dealt with the financing of developmental programmes such as housing, transport, infrastructure and new industries.
He said the black middle class owned nothing and owed banks lots of money for housing and vehicle loans, and those in huge empowerment deals were indebted for life because they would not be able to pay back the banks before they died.
Shivambu said the banks did not fund developmental research and innovation, new industrial development and small businesses.
The state needed to ensure that the financing of the majority of empowerment deals by the banking industry should be directed towards new labour-intensive industrial processes and economic activities.
Shivambu said the state should control and be in ownership of the strategic sectors of the economy. This would make it a real developmental state and lead the private sector on the other aspects of the economy, such as industrialisation and banking norms.
“The state will be able to lead the redress and transformation programmes because the private sector is incapable of leading transformation in a way that will undo the injustices of the past,” Shivambu said.
He said the transformation charters adopted for the financial and mining sectors and other strategic sectors were proof that the private sector alone was incapable.
All public accounts should be shifted to the state bank, said Shivambu, and all public servants should be paid through the bank.
The Industrial Development Corporation (IDC) should be linked to the state bank and both state-owned entities should invest heavily in research and innovation.
Shivambu said that the state bank should invest heavily in new industries that beneficiated and industrialised South Africa’s natural resources and should consider funding import-substituting industrial projects, such as communication gadgets and electronics.
The public sector financing of industrial development through the IDC, the Development Bank of Southern Africa and the Land Bank was weak, while the National Youth Development Agency was under-funded, and the National Housing Finance Corporation (NHFC) was “useless”.
Shivambu said the NHFC should be recapitalised to fund decent housing development for middle-income groups who could not get loans from private banks. He added that legislation should be passed to limit the repayment of housing loans to 10 years.
Samson Moraba, the chief executive at the NHFC, was not available for comment.
Business Report
Comments by Sonny
Ramos has already taken over ABSA bank, what more do the money hungry cronies want?
ANC Youth League spokesman Floyd Shivambu says commercial banks only create an indebted black middle class. Photo: Leon Nicholas
What about all the corruption in the African Bank.....?
Saturday, November 13, 2010
Ngobo: SA courts need reform
Ngobo: SA courts need reform
2010-11-13 22:56
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Johannesburg - South African courts need to improve their efficiency in order to increase the public's access to justice, Chief Justice Sandile Ngcobo said on Saturday.
"We need to re-examine the fundamentals of our justice system... the cumulative effect of (trial) delays... is the denial of justice," Ngcobo said in a speech prepared for the Law Society AGM in Rustenburg.
"In 2003, at the First Conference of Judges, I raised concerns about the delays in our civil justice system," he said.
"I was concerned because it took years for a civil matter to come on trial... these delays extended to the amount of time spent in courts on simple matters that should ordinarily last less than a day in court."
Ngcobo said that since taking office in 1999, he had learnt that delays extended to the delivery of judgements.
'Troubling'
"I was greatly disturbed when I learned of the number of reserved judgements... I found this utterly unacceptable," he said.
"I consider delays in delivery of judgements to be especially troubling because the core function of a judge is to decide cases. If a judge fails to decide a case timeously, the judge fails to perform the very core of his or her judicial role."
Ngcobo said that as long as these delays persisted, lawyers and judges could not avoid accusations that the justice system had failed to deliver on the promise of access to justice.
"While we have had a number of commissions of enquiry into our justice system in the past- the Hoexter Commission and the Galgut Commission come to mind - a review of their reports demonstrates that we have been tinkering where comprehensive reform is needed," he said.
Ngcobo said he was challenged then to rethink court procedures, the way business was conducted in courts, the way courts were run and the type of service that was being rendered to clients and others.
He would also have to look at the way those who flouted the rules of procedure, as well judges who failed to deliver a timeous judgement, should be dealt with.
"Indeed we must take a hard look at how our system of justice is working and not working, and ask whether it is coping with the demands of our society now and whether it can cope with the demands of the future."
- SAPA
Read more on: judiciary | sandile ngcobo
Attacks threaten judiciary - Ngcobo
Attacks threaten judiciary - Ngcobo
2010-11-13 19:35
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Johannesburg - Recent attacks on the justice system in the media are a threat to public confidence and pose a risk to judicial independence, Chief Justice Sandile Ngcobo said on Saturday.
"On several occasions in recent months the judiciary has been the subject of unbridled and unwarranted attacks in the media." Ngcobo said in a speech prepared for the Law Society AGM in Rustenburg.
"The problem with such attacks, whether from political parties, academics or political commentators, is that they imperil confidence in the courts and therefore pose a risk to judicial independence," he said.
"An independent judiciary is particularly important in South Africa as we remain in the early stages of our constitutional democracy."
Ngcobo said the country was a nation in transition, from a society characterised by racial injustice, inequality and a disregard for fundamental freedoms - to one based on social justice, equality, human dignity and a respect for fundamental human rights and freedom.
Criticism welcome
He said the courts were the ultimate guardians of these values and many others in the constitution.
The role of the justice system was meaningless without the independence necessary to impartially resolve disputes, without any interference or the perception thereof from any source, whether it be powerful interest groups or other branches of government, he said.
"If the courts are to effectively perform this crucial role, it is essential not only that they are actually independent, but that they are also perceived to be independent."
Ngcobo said criticism of the justice system was welcome, as long as it focused on the reasons for court decisions or unacceptable ethical conduct by judges.
He said it was appropriate and necessary that the decision of judges be scrutinised.
"At the same time, the judicial system has a built in mechanism for the correction of errors - the opportunity to appeal."
"Constructive criticism is crucial in the development of the law... nevertheless, it should be directed at the judge's analysis rather than the judge's person," he said.
Ngcobo said that nobody, particularly public officials, should question the necessity of respecting and obeying a judgement passed, no matter how strong their disagreement.
If the country was to be successfully transformed, it would need the trust of the public, and more importantly, its support for the principle of judicial independence, he said.
- SAPA
Read more on: judiciary | sandile ngcobo
Wednesday, November 10, 2010
Fraud, theft, bribery, perjury and ogling porn during working hours are some of the charges laid against more than 20 magistrates.
You're fired!
Commission throws the book at dodgy magistrates, telling them:
Nov 10, 2010 10:07 PM By THABO MOKONE
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Fraud, theft, bribery, perjury and ogling porn during working hours are some of the charges laid against more than 20 magistrates.
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19 cases of misconduct range from taking bribes to sexual harassment Related Articles
•Cape magistrates on the wrong side of the law
The Magistrates' Commission told the parliamentary portfolio committee on justice yesterday that it would throw the book at errant judicial officers. It has already fired two magistrates and suspended three. The conduct of 16 others is being investigated.
Two magistrates in Western Cape were fired for lying to the Magistrates' Commission, which oversees the conduct of judicial officers, and to the Law Society of SA, which regulates attorneys.
Their deceit led to them being found to be not "fit and proper" to remain in judicial office.
Andre Louw, a member of the ethics committee of the Magistrates' Commission, said the axed magistrates were Ashika Maharaj, of George, in the southern Cape, and Nathier Jassiem, of Mitchells Plain, Cape Town.
Maharaj, who faced eight charges of misconduct and was found guilty on five, had referred to the death of a man as "good riddance to bad rubbish" while presiding over a case involving a car accident, Louw said.
Maharaj allegedly defrauded clients while practising as an attorney before her appointment as a magistrate, he said.
Maharaj denied making the "good riddance to bad rubbish" remark in a written response to the charge, but confessed to lying about it during her disciplinary hearing.
"She conceded under cross-examination that she had lied. She said it is easier to lie on paper than in front of people. She is now being criminally charged with perjury," said Louw.
His colleague, Hans Meijer, told MPs that the commission had ruled that Maharaj was not fit and proper to hold office and had dismissed her.
Jassiem was exposed as moonlighting as an attorney while serving on the bench, and then lying about it to both the Magistrates' Commission and the Law Society of SA, Meijer said.
During the misconduct hearing, Jassiem claimed that he had been dealing only with estates and conveyancing, and that he was not "practising as an attorney". His explanation was rejected.
"You can't serve two masters," said Meijer. "If you can't make a career choice, we will do it for you.
"He lied. He misled both the law society and the commission. He's not a fit and proper person to hold the office of magistrate."
He said the Magistrates' Commission was investigating a further 19 cases of misconduct by judicial officers across the country, ranging from taking bribes to sexual harassment and presiding over trials while drunk.
The 19 cases include:
ýA Louis Trichardt, Limpopo, magistrate has been suspended and is facing criminal charges after allegedly accepting a R5000 bribe after colluding with a prosecutor and a defence lawyer about the outcome of a criminal case;
ýA magistrate in Cala, in Eastern Cape, is being investigated for submitting a claim for using his private vehicle for official work when he allegedly used a court car; and
ýIn North West, a magistrate in Lichtenburg is facing three charges of theft. He allegedly gave himself powers to adjudicate on any matter, including civil and labour cases.
A Magistrates' Commission member, Steve Swart, an MP for the African Christian Democratic Party, said: "I find these allegations almost unbelievable and shocking in the extreme for a judicial officer to have acted in such a way.
"If the allegations are true, he has no idea how to disburse justice and it's clear there is abuse of office," he said.
A magistrate at the Pretoria Commercial Crimes Court is to return to work after being cleared of keeping explicit pornographic material on his office computer.
Meijer said the magistrate did not source the pornography but watched it repeatedly.
Business not crime fighting surrogate to govt
Tuesday, 09 November 2010 16:11
JOHANNESBURG - Business efforts to fight crime should complement the role of government, not be a substitute, said Xolani Mkhwanazi, BHP Billiton SA chairman, on Tuesday.
Business efforts should be seen, in a spirit of partnership, to “complement the role of government in implementing and enforcing the law”, he was quoted as saying in a statement.
Mkhwanazi made the remarks while handing over a R1 million cheque to Business Against Crime SA in Johannesburg.
Business was not a “surrogate to government”, but the long-term objective of business as a collective was to “encourage and assist government in developing the institutions, managerial capacity and financial resources necessary to implement and enforce the law”, he said.
Fighting crime should not just lie with government or the police, he said, but was the “the collective responsibility of all citizens, and the public and private sector”.
BHP Billiton is the world’s largest diversified natural resources company.
- Sapa
The Citizen
Comments by Sonny
This government was mandated by the people of South Africa to fight crime on their behalf!
What are they doing with our money?
Now Zuma is looking for more 'hand-outs' from the world at the G8 Summit!
Alleged rhino poacher kills himself
Date:Wednesday, 10th November 2010
Local News
2010 Crime Statistics
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Alleged rhino poacher kills himself
Wednesday, 10 November 2010 10:27
JOHANNESBURG - A man who was facing rhino poaching charges shot himself dead on a Musina farm, Limpopo police said on Wednesday.
Lieutenant Colonel Ronel Otto said Tom Fourie, 51, committed suicide on Tuesday evening.
Fourie, from a farm in the Musina district, shot himself on a hill near the farmstead.
He was arrested a few weeks ago after being accused of selling 36 rhino horns to Jan Karel Pieter Els, 37.
Fourie allegedly dehorned the rhinos.
Both Fourie and Els were out on bail and were due to appear in court again on January 28.
More than 20 people have been arrested countrywide in separate cases involving rhino poaching since September.
At least 210 rhinos have been killed for their horns since the beginning of this year -- up from a total of 122 poached last year.
Black-market demand for rhino horns has risen sharply as economic growth has spread through east and south-east Asia, where the horn is believed to have medicinal properties.
-Sapa
The Citizen
Comments by Sonny
Assisted suicide?
Oh, it was not Brett Kebble.
These poachers should all hang!
Now the State case takes another blow!
These people should have been denied bail!
Court rules for refugees in bank case
Wednesday, 10 November 2010 08:43
EMMAH NGOMANE
JOHANNESBURG - Refugees and asylum seekers in Gauteng will now be able to access their bank accounts using their permits, Lawyers of Humans Rights (LHR) said yesterday.
This comes after a court ruling by the South Gauteng High Court yesterday, preventing banks from denying foreign nationals with refugee and asylum seeker permits access to bank accounts.
The ruling follows a statement issued by the Financial Intelligence Service (FIC) in May, which stated that the permits issued to asylum seekers and refugees “did not meet the requirements of an identity document”. The FIC dismissed the permits as insufficient and foreign nationals were then unable to open bank accounts.
“A number of our clients were denied access to their previously existing accounts and there was money withheld by the bank. It also prevented many from opening new accounts,” said David Cote of LHR.
The department of home affairs remains optimistic in meeting the December cut-off date to regularise all Zimbabweans living in SA.
Spokesman for home affairs, Mzwandile Radebe, said despite fears, contingency plans had been put forward to guarantee the December 31 deadline is met.
emmahn@citizen.co.za
The Citizen
Comments by Sonny
What about all the criminals with cloned Identities and stolen Identity Documents??
They walk away scott free!
Home Affairs is a dismal mess!
‘Cops arm ATM bombers’
10 November 2010, 00:11
‘Some of those among us are the very crooks who supply these thugs with the very weapons they use to kill us,” were the hard-hitting words of a Pretoria policeman who had been shot by criminals with a police-issue R5 semi-automatic rifle.
The scathing attack by Mamelodi East student constable Phuti Thopane comes after he and detective Abel Mahagalala narrowly escaped death on Monday night when they were ambushed by at least 15 men outside Mahube Maxcity as they raced to investigate an armed robbery.
Unbeknown to the two, gunmen wearing balaclavas had taken up strategic positions outside and around
the centre, waiting for them.
The gunmen, armed with R5s, were part of a gang in the process of blowing up two Absa ATMs. The two ATMs were among four blown up by gangs of armed robbers across the city in less than an hour.
The two policemen believe the gunmen had received information via police radios from crooked cops telling them about their approach and describing the vehicle they were driving. “They didn’t shoot at other cars. They waited for us, and when we came, they simply blasted us.
“It was like a war zone. They were everywhere. There were people shooting at us from behind, in front and the side.
“They were in the perfect kill position and knew what they were doing,” Thopane said from his hospital bed.
His words were echoed by Mahagalala. Thopane is recovering in hospital after he was shot in the buttocks. The bullet just missed his spine.
The policemen’s anger comes less after newly appointed Gauteng provincial police commissioner Lieutenant-General Mzwandile Petros called an urgent crime summit in Pretoria two months ago to lay out plans on how to beat crime in the province.
The summit was called after ATM bombers gangs laid siege to the capital, blowing up 11 ATMs in less than four weeks in August and September.
During Petros’s boast about how crime would be beaten through high police visibility and how criminals’ lives would be made “uncomfortable”, he said ATMs would not be blown up if police were on the streets.
Petros was unavailable for comment at the time of going to press.
Thopane said the attack was over within minutes. “It was lighting fast. These guys were very professional.”
While Thopane lay bleeding in their bullet-riddled car, he frantically radioed his colleagues, who were following close behind, to warn them of the ambush. “All I could think about was my colleagues driving into what we had just survived. I was terrified that my friends were going to die.”
Thopane said the thugs fled in four cars, including a BMW fitted with police blue lights and a siren.
Mahube Maxcity centre manager Clifford Modishane confirmed that at least one of the bombers’ vehicles was fitted with blue lights and a siren. “When the attack began, our security manager at first thought it was police doing a patrol.
“Then the guards radioed for back-up and said they were being attacked by gunmen in the ‘police car’. As some gunmen were blowing up the ATMs, others hiding near the gates and along the road began shooting at police who we called for help.
“It was chaos, with bullets flying everywhere,” Modishane said.
Police spokesman Warrant Officer Ben Strydom confirmed the gunmen had been armed with police-issue R5 rifles and that at least one of the four vehicles had been fitted with blue lights and a siren.
“Other police who spotted the suspects gave chase, but they crashed their car and the robbers escaped.
“We are investigating a strong possibility that those involved in the attack were police members,” he said.
Police spokesman Warrant Officer Lolo Mangena said gunmen had blown up two ATMs at the Batho Plaza in Soshanguve Block S. The men robbing the ATMs fled in a black BMW X5, a blue Renault and another car. The suspects escaped with an undisclosed amount of money. - Pretoria News
The Star
Comments by Sonny
How much coverage does it take to reveal the truth in South Africa?
These criminals should be charged for HIGH TREASON against the people of SA and the State.
How long must this 'third force' operate within the SAPS before something drastic is done about it?
JZ can juggle the cabinet for votes but he can no longer convince the citizens of this Country that he in sincere about eradicating violent crime!!
The present government is a total failure!!
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