Global South African Weekly News Wrap 16 March 2012

8/2/2019 Global South African Weekly News Wrap 16 March 2012

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16 March 2012 News Wrap-up 1

Global South African Weekly News Wrap Up 16 March

2012

Contents

Motlanthe wants Iran bribe claim to be probed: Deputy President

KgalemaMotlanthes call onpublic protector to probe bribe scandal shows

confidence he will be vindicated................................................................................ 2State opens door for more private power firms ........................................................ 3MK's firing squad remark riles ANCYL ................................................................... 5Bheki Sibiya: Why I said the Black Business Council is racist ............................... 6Motlanthe seeks closer collaboration ......................................................................... 7ANC youth rebellion a defining moment ................................................................... 9Public protector probed ............................................................................................ 10Madonsela responds................................................................................................... 11The tanning of the DA ............................................................................................... 12Zuma's rise equal to 'coup' ....................................................................................... 13ANC tries to muzzle critic of secrecy bill .............................................................. 14Zimplats grab will hurt SA too ................................................................................. 15Premier finds queues at health facilities .................................................................. 18State seeks partners to revive ailing water plants ................................................... 19Bizos: secrecy bill unconstitutional on several counts ......................................... 21Boffins take long view on SKA rumour: South African officials and the

international board overseeing plans for the Square Kilometre Array have

played down a report that SA has the edge against Australia in its bid to host theradio telescope ............................................................................................................ 25Accept JZ offer - Vavi told ........................................................................................ 26Vavi stands ground on economic apartheid:President Jacob Zuma and top

officials to discuss Cosatu general secretary ZwelinzimaVavis protest jibes ..... 27Bizos, Madonsela reject secrecy bill: Veteran anti-apartheid lawyer George

Bizos and Public Protector ThuliMadonsela say public-interest defence is

imperative ................................................................................................................... 29MPs ready to grill Zuma ........................................................................................... 30'Nothing for mahala' .................................................................................................. 32Gugu's rapid ride to fame and fortune .................................................................... 36Confident DAs road to 2014 getting shorter .......................................................... 38Our democracy hangs in the balance ....................................................................... 39Cosatu not prepared to be ANC's lapdog ................................................................ 42Zuma "misled Mbeki" ............................................................................................... 43


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13 March 2012

Business Day

Page 1

Sam Mkokeli

Motlanthe wants Iran bribe claim to be probed:Deputy President KgalemaMotlanthes call on publicprotector to probe bribe scandal shows confidencehe will be vindicated

In a bid to clear this name, Deputy President KgalemaMotlanthe on Monday asked

Public Protector ThuliMadonsela to probe a bribe scandal in which he and his partner,

GuguMtshali, have allegedly been involved.

According to a report in the Sunday Times, Ms Mtshali was implicated in soliciting a

R104m "bribe" to obtain government support for a South African company trying to

clinch a R2bn sanctions-busting deal with Iran.

Had it gone ahead, the deal would have put South Africa in violation of a United

Nations Security Council resolution of 2010 prohibiting member states from

supplying military-related products to Iran.

The allegation comes at a time when Mr Motlanthe, largely seen as the voice of

reason in the African National Congress (ANC), is being punted by the partys youth

league and others as apossible successor to President Jacob Zuma at the partysconference in December this year.

A prolonged controversy is not in Mr Motlanthes interest as the leadership election

edges closer. While Mr Motlanthe is not campaigning for the top job, he is expected

to make himself available if he gets sufficient nominations from branches when

nominations open in October.

In light of the seriousness of the allegations exposed by the Sunday Times, Mr

Motlanthe took the unprecedented step of asking Ms Madonsela to investigate. The

public protectors credibility has been enhanced by high-profile investigations that led

to the dismissal of two ministers last year.

Mr Motlanthes spokesman, Thabo Masebe, said the deputy president had written to

Ms Madonsela, requesting her to investigate the allegations.

Ms Mtshali, former De Beers executive RaisakaMasebelanga and others allegedly met

representatives of a company called 360 Aviation to solicit the bribe.

The deal allegedly involved supplying US-made Bell helicopters and spare parts to

the National Iranian Oil Company via South Africa. The US prohibits the sale of

military equipment to Iran. The MD of 360 Aviation, Barry Oberholzer, was quoted

as saying: "We believe we were being asked for a bribe in exchange forgovernment support."


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Mr Motlanthe said he was unaware Ms Mtshali had any connection to the company.

Mr Masebe said: "Both Deputy President Motlanthe and Ms Mtshali are firmly of the

view that they have committed no wrong-doing of any kind in relation to the alleged

events."

He said Mr Motlanthe had at no stage discussed such a matter with any person,

including officials who would have lent the governments support.

Ms Mtshali told the newspaper she had never attended a "formal meeting" with 360

Aviation.

But the Sunday Times claimed to have an audio recording of the meeting, in which

Ms Mtshalis voice is heard. The alleged deal reportedly failed because 360 Aviation

could not reach agreement with the Iranian company.

Ms Mtshali was mentioned in another controversy. She is a shareholder in the ICT

consortium, with Mr Zumas son DuduzaneZuma, the Gupta family and Telkom

chairman Lazarus Zim. ICT was awardedand later stripped ofa share of

mineral rights in the Sishen iron mine.

Mr Motlanthe himself was cleared of wrongdoing by an investigation of SouthAfricas involvement in Iraqs oil-for-food scandal.

Political analyst Steven Friedman said it was good that Mr Motlanthe had asked for

the investigation, the "equivalent of a lie-detector test".

"Clearly he feels that he would be vindicated," he said.

13 March 2012

Business Day

Page 2

Siseko Njobeni

State opens door for more private power firms

The Department of Energy is soliciting information from potential co-generation, coal, naturalgas and hydro project developers to test the appetite for these power schemes

The Department of Energy is soliciting information from potential co-generation,

coal, natural gas and hydro project developers to test the appetite for these power

schemes.

If there is interest from potential developers and the government procures such power,

it will create another entry point for private-sector participation in SAs power sector.

The department is implementing an independent power producer programme for

renewable energy technologies. The government wants to procure 3725MW ofrenewable power by 2016.


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In a move to supplement its own power, Eskom hasvia its medium-term power

purchase programmesigned up 376MW from Sasol , Sappi , Ipsa and Tangent

Mining.

The department said the request for information would be used to develop aprocurement process.

"This (request for information) is for the ( department) to understand the market to

ensure the successful implementation of the (integrated resource plan for electricity)."

Depending on the response, the department might request potential developers to

submit proposals for projects. It expects to ask for proposals in September.

Director-general NelisiweMagubane said on Friday that the request for information

was in response to unsolicited bids the department had received, which it cannot

consider in terms of the legislation. The department said it wanted responses fromdevelopers with ready projects where comprehensive feasibility studies had been

completed that showed the projects to be feasible.

Buying additional power from the private sector is important to prevent power

shortages. "It is a risk-mitigation plan. We want people who can deploy that power

quicker," Ms Magubane said.

Co-generation projectswhere an industrial facility uses its waste energy to produce

heat or electricity-could be deployed quicker, she said. Ms Magubane said the

request for information would also assist the department with the price path for such

power.

She said the request was part of the implementation of the integrated resource plan for

electricity, IRP2010, which guides investment in new capacity up to 2030.

Doug Kuni of the South African Independent Power Producers Association said

yesterday that the government had resorted to the latest move as Eskom could not

build new plants quickly enough.

"Private power producers have been looking for opportunities for over nine years. SA

needs an independent grid and a market operator that will procure power from allproducers. At the moment there is no competition for Eskom. This (request for

information) creates competition among developers, not with Eskom," Mr Kuni said.


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15 March 2012

The Times

Page 4

Amukelani Chauke

MK's firing squad remark riles ANCYL

The ANC Youth League is demanding an apology from the MK Veterans'

Association for a leader's alleged statement that Julius Malema would have been shot

by the ANC firing squad in the days of exile.

The remark was carried in UmAfrika newspaper in KwaZulu-Natal.

Youth league general secretary Sindiso Magaqa yesterday demanded an apology from

the veterans.

"We call for an immediate retraction because it is not the first time that the leadership

of the MKMVA in KwaZulu-Natal threatens violence and death on members of the

ANC Youth League [sic].

"We also call for the ANC to take immediate action against the people who incite

violence in the ANC because such will undermine the stability and peace that the

national liberation movement fought so hard to establish in South Africa," Magaqa

said

The league had brought the comment to the attention of the ANC leadership atprovincial and national levels, Magaqa said.

"The ANC Youth League will approach relevant authorities, particularly the Human

Rights Commission and the Equality Court, if the KwaZulu-Natal MKMVA refuses

to apologise within seven days of the release of this statement," he said.

The association's national chairman, Kebby Maphatsoe, said: " If this is true then we

have to apologise to comrade Malema. We respect ANC internal [disciplinary]

processes."

He said it was incorrect to say that Malema would have been executed in theapartheid days. Enemies captured then were jailed and rehabilitated by the ANC , not

executed.

Malema yesterday submitted to the ANC disciplinary committee an appeal against his

expulsion from the ruling party.

Should he lose the appeal, his next option will be to appeal to the ANC's national

executive committee.

13 March 2012Business Day


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Page 11

Vheki Sibiya

Bheki Sibiya: Why I said the Black Business Council

is racist

Whether the Black Business Council succeeds or fails, SA is worse off for its establishmentas it promotes racial polarisation and, in the context of our countrys constitution, its formationrepresents a step backwards

AS AN ardent supporter of the principles and objectives enshrined in our constitution,

I believe all South Africans should share a commitment to thoroughly eliminating the

divisive effects of racialism that for so long ravaged our country and caused so much

hostility and hardship.

Delivering what is widely considered to be his finest speech, Martin Luther Kingasserted: "I have a dream that my four little children will live in a country where they

will not be judged by the colour of their skin but by the content of their character. I

have a dream that one day all of Gods people will be able to sit down together at a

table of brotherhood."

These words have been an enduring inspiration to all people who find offence with

racist practices and policies. The guidance I have extracted from them is to a large

extent what led me last week to describe the Black Business Council (BBC) as a racist

organisation. It is an observation that has predictably provoked controversy and I have

been asked where I derived the moral authority to say what I did and why.

In addition to adhering to the powerful ethical messages embodied in Kings immortal

words, there are several other explanations. SA is, thank goodness, a constitutional

democracy. One of the key pillars of our democracy, enshrined in chapter one of the

constitution, is nonracialism. My opinion is that all South Africans should promote

everything that our constitution stands for and be prepared to criticise and condemn

anything that presents potential to undermine the constitution.

To form a racially based organisation now, more than 17 years after the advent of our

democracy, is wrong and should not be accepted or condoned regardless of how

influential or powerful its founders may be.

Do my comments mean that I oppose the principles of freedom of association and

disassociation? Most emphatically not. What I do oppose, however, is the promotion,

even by some unsuspecting Cabinet m inisters, of an association that is primarily

based on race.

The BBCs battle cry, "Black man you are on your own with your government," is

dangerous. Since when is the government supposed to be so openly partisan?

Business Unity SA (Busa) has many weaknesses and imperfections: its mandating

processes are poor, its structure is top heavy and it frequently struggles to dealeffectively with the critically important issue of transformation.


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In spite of these frailties, Busa does have some notable strengths. Nonracism is a

critical component of its constitution. Right from the beginning, and I know this as its

founding CE, Busa embraced the concept that for it to be most effective, the

organisation should, ideally, be black led, at both the CE and at presidential levels.

That is why, in its short nine years of existence, Busa has benefited from theleadership talents of Patrice Motsepe, Brian Molefe and current president FuthiMtoba.

These are people South Africans have confirmed as excellent leaders.

I thus found it disappointing that Lawrence Mavundla, president of BBC member the

National African Federated Chamber of Commerce, elected to attack Busa and some

of the leaders of its non racial member organisations.

The BBC must be encouraged to identify its agenda and pursue it. In doing so, it is

my hope that Busa will diligently support having the BBC represented directly in the

National Economic Development and Labour Council as this will remove obstructions

to the operations of the organisation.

Whether the BBC succeeds or fails, SA is worse off for its establishment as it

promotes racial polarisation and, in the context of our countrys constitution, its

formation represents a step backwards.

Faced with major challenges and oppression at the time of the Rivonia trial, Nelson

Mandela argued as follows: "I have fought against white domination, I have fought

against black domination. I have cherished an ideal of a society in which all people

live together in harmony. It is an ideal I shall work for and hopefully achieve. If it

need be, My Lord, it is the ideal for which I am prepared to die."

I understand the frustrations that many black business organisations have with Busa

but I cannot bring myself to support efforts to overcome them that abrogate thecardinal intention so clearly expressed in chapter one of our countrys constitution as

well the axiomatic commitments to non racialism so fervently held by inspirational

leaders such as King and Mandela.

Sibiya is Chamber of Mines CEO.

14 March 2012

The New AgeSapa

Motlanthe seeks closer collaboration

Deputy President Kgalema Motlanthe on Wednesday urged closer collaboration

between the legislatures and the executive to deal with economic issues.

He was opening the South African legislative sector's international consultative forum

in Cape Town to exchange ideas on international best-practice in legislative oversight.


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Motlanthe said the forum came at a time when the world was confronted with

economic crises that required concerted efforts to overcome.

"More than ever, legislatures have the collective responsibility to work collaboratively

with the executive arm of the state to answer some of the immediate challenges that

relate to debt management, efficient resources allocation, and stimulus economicplanning."

This period had demonstrated, around the world, that there was sufficient room for the

legislatures to continue performing oversight over the executive, and in turn the

executive accounting to the legislature in a mutually reinforcing and non-partisan

way.

The responsibility of legislatures around the world was to pass laws and keep an eye

on the executive's work. Done in accordance with the principle of co-operative

governance, this accountability mechanism underpinned the values of good

governance and public scrutiny over executive actions, Motlanthe said.

Legislatures also played a critical role in facilitating access for ordinary people to the

law-making process and provided the opportunity for them to hold the executive

directly accountable.

"This way legislature can also ensure that access to important government services

such education and health is realised."

Of equal value was promoting basic human rights, equality, good governance and

economic growth, and eradicating poverty.

"Thus the accountability relationship between the executive and the legislature has

changed over time to include value-based approaches where legislatures are required

to look into broader reporting mechanisms that take into account issues of efficient

and effective resources management," he said.

This approach demanded more of legislative representatives to do more than

interrogate compliance with financial rules, by asking questions about value for

money.

The level of expertise required to perform these functions remained a matter of greatconcern for developing countries constrained by a lack of resources.

These problems required that the executive, the legislatures, and Auditor General

work more collaboratively to overcome them. In this respect, experience suggested

that legislatures had struggled to focus on implementation of laws, service delivery,

and performance accountability, simultaneously without adequate resources.

"Thus more work must be done to assist legislature with resources and institutional

support mechanisms to respond to these contemporary challenges," he said.

Business Day: ANC youth rebellion a defining momentBusiness Day: ANC tries to muzzle critic of secrecy bill


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Business Day: Zimplats grab will hurt SA too

15 March 2012

Business Day

Page 4

Setumo Stone

ANC youth rebellion a defining moment

Whatever the final outcome, the brewing conflict between the African National

Congress (ANC) and its youth wing will mark a defining moment in the history of

Africas oldest liberation movement.

Not so much because youth leader Julius Malema is the first league president to be

expelled from the ANC, but because the historical values and traditions guiding the

relationship between the ANC and the youth league are at stake.

Just as the formation of the youth league in 1944 reshaped the ANC and rendered

obsolete the partys previous appeasement approach to the apartheid government, the

old strategies of managing conflicts will also come under review now. The ANC will

change the youth league, or vice versa.

ANC veteran Pallo Jordan says the establishment of the youth league can be traced

back to the end of the Second World War. "The allies (including SA) had won the war

and defeated Germany, but those who sympathised with (Adolf) Hitler in the National

Party had not been defeated, and therefore the struggle required a much more militantdrive," says Mr Jordan.

The youth league was an auxiliary body before 1943. Auxiliary bodies drew their

inspiration and guidance from the ANC, he says. "They were affiliated to the ANC,

but members of that body did not need to be members of the ANC. That is one of the

reasons for the autonomy of the youth league."

The ANC did not want the younger people to be bound by the decisions of the older

generation. It wanted them to learn from their own mistakes, and so the league

became autonomous but not independent, says Mr Jordan. He says this was a crucial

distinction, because it meant that the league would still fall under the constitution ofthe ANC.

The youth league of today, under Mr Malema, fancies itself as following in the steps

of its predecessor, which in 1949 lobbied the ANC branches to adopt a radical

programme of action and transformed the party into a militant mass movement.

Mr Jordan describes this comparison as "a sort of heroic mythology"a sentiment

echoed by President Jacob Zuma . Mr Zuma has said Mr Malemas league was

misguided in seeking to draw inspiration from the 1949 ANC electionswhen

Nelson Mandelas youth league led the campaign to remove then president AB Xuma

because he was not prepared to support their radical proposals.


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Years later, Mr Mandela, as ANC president, would also have his youth league

"problem child"Peter Mokabawhom he swiftly brought back in line with a

stern warning following comments by Mokaba at a funeral to direct bullets at

National Party leader FW de Klerk.

Mr Mandela was leading delicate negotiations with Mr de Klerk for a nonracial anddemocratic SA in 1993.

The current ANC Youth League believes it will have to carve out its own place in the

partys history. It has taken up the campaign of economic freedom as its legacy. Every

epoch of the struggle would have its own challenges, Mr Malema said in a recent

radio interview. "We learn from (the precedent set by) history," he said.

Some youth league members in the past, however, decided it was best to push for

radical change outside the ANC.

Mr Jordan cites the withdrawal of "Africanists" from the ANC as a case in point.Africanists were very active in the youth league in the 1950s, he says. "But because

they were not in a position to take over the youth league and then transform the ANC

into an Africanist organisation, they withdrew in 1958 and formed the PAC (Pan-

Africanist Congress) in 1959," he says.

Mr Malema has declared that if all efforts to retain his ANC membership fail, he will

continue to comment on politics.

In 1962, the ANC constitution was suspended after the party had been banned, and the

youth league became a "youth and student section", functioning as a department

within the ANC. It was reinstated again in 1991 as an autonomous body.

Mr Jordan says the ANC today envisions a youth league that resonates with themajority of SAs youth. "It should address their problems and challenges, including

education and unemployment. These are the issues the ANC wants the youth league to

grapple with."

15 March 2012

The New Age

De Wet Potgieter

Public protector probed

Public Protector Thuli Madonsela is facing a palace revolt amid internal allegations of

maladministration, financial misconduct and favouring whites and Indians while

regarding her black employees as too stupid to do the job.

At the centre of the growing crisis is Madonselas CEO Themba Mthetwa, described

in a 12-page document handed to Parliament as the polarising factor for the

simmering tensions with his ill considered actions.


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The document, drafted by an anonymous group of employees, was handed to Themba

Godi, chairperson of Parliaments standing committee on public accounts (Scopa),

towards the end of last year.

This resulted in Madonsela being summoned to Cape Town for a marathon meeting

on January 13 with the speaker of Parliament, Max Sisulu, the National Council ofProvinces chairperson, Mninwa Mahlangu, and both their deputies which lasted more

than four hours.

The group behind the document now claims that Parliament is reluctant to intervene

in the crisis.

Madonsela again made headlines last month when her daughter Wenzile posted a

tweet thanking her brother for crashing their mothers state-issued BMW X6 because

the incident led to the replacement of that car with a much sexier car.

When speaking about her daughters comments on the social network, Madonsela saidshe deeply regretted her childs playful tweets. Her 23-year-old son, Wantu,

smashed the vehicle in January into a garden wall of a house in Pretoria while

illegally taking her official vehicle for a joyride.

There are various documents which serve as a sample indicator of the

noncompliance of policies, legislative prescripts, maladministration, and financialmisconduct involving the CEO, the document submitted to Scopa stated.

We would like to indicate that ultimately we hold the Public Protector Thuli

Madonsela responsible for the current situation. She has chosen to ignore the

worrying signs that have corroded the institution and the result is a demoralised,

bitter, distrustful complement of staff.

Some of the grievances listed in the document include: The responses of the CEO,

Mthetwa, to questions asked at the interrogation of the 2008-9 public protector annual

report by Scopa on May 21, 2010, were dishonest and fabricated.

The CEO deliberately misled the committee, at a level that displayed a shocking lack

of moral conscience, the document said. Although a case management system was

procured at a cost of R10m, it is not functional. The staff use a manual system of

allocating and locating the status of files. According to the document, monthlystatistics take an average of three days for each investigator to finalise.

15 March 2012

The New Age

Sapa

Madonsela responds


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Public Protector, Thuli Madonsela immediately set up a team of investigators to

attend to all the allegations when she received them, said her spokesperson, Oupa

Segalwe.

A report has been prepared by the team and it is being finalised, he said.

Reacting to the allegations of misconduct and irregularities of CEO Themba Mtetwha,

Segalwe said that as soon as the response was received from the assigned team,

Madonsela and her deputy would make an assessment and refer appropriate issues to

the good governance and integrity committee of the public protector.

Madonsela denied any claims of racism in her office and explained that overseas and

other international trips were racially inclusive. The decision on which staff

members go on trips is based on the relevance of the course to individuals.

Priority has also been given to new staff, she added. Delegations of the public

protector are predominantly black because of the composition of the public protectorstaff.

She denied any witch-hunts being conducted and was not aware of anything of that

kind. No one had lodged such a grievance with her.

Mtetwha denied that he threatened the KwaZulu-Natal staff with disciplinary action if

they refused to accept the authority of Thina Pather as senior investigator in their

office.

15 March 2012

The Times

Page 4

Mhlaba Memela

The tanning of the DA

The Democratic Alliance's top leadership in KwaZulu-Natal might be black by the

end of this weekend.

For the first time in the party's history, two black candidates will contest forleadership of the province.

The party's recent appointment of Lindiwe Mazibuko as its parliamentary leader has

been seen as a measure to change the complexion of the party.

Incumbent Sizwe Mchunu hopes to retain his position as the party leader in KwaZulu-

Natal against Ziba Jiyane, who joined DA a year ago.

As a long-serving member, Mchunu enjoys support from senior leaders, while Jiyane

has unexpectedly received overwhelming support from party members in the

KwaZulu-Natal Midlands.


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Jiyane's political career has been bumpy since he left the Pan African Congress to join

the Inkatha Freedom Party. He gave up his position as the IFP national chairman to

form the National Democratic Convention.

After giving up his court battle against Reverend Hawu Mbatha over the party's

presidential position, Jiyane introduced the South African Democratic Congress. Bothparties are now defunct.

A year ago, Mchunu held Jiyane's hand when he was paraded as a new DA member at

a press conference.

But with the provincial congress just days away both politicians have crisscrossed the

province displaying their leadership skills and engaging in mini debates.

Jiyane says he is confident that the multiracial support that he has gained within the

party will secure him victory.

"We had very good debates and [a number of] people agree with what I said in many

areas we had visited.

"The interest is so high because the DA's constitution is rooted in liberal democracy. I

feel at home when we debate without being enemies."

"Chances are very good for me. People from Pietermaritzburg and Durban

approached me to stand for the position."

But Mchunu is equally bullish: "I'm confident that after the congress we will come

back with a strong leadership for the party moving forward. The debates have been

very exciting with all candidates enjoying support from the party members. I have

received enormous support all over the province," he said.

Party members George Mari and Francois Rodgers are contesting the deputy

provincial leader's position, while Independent Democrats secretary Haniff Hoosen

and Greg Krumbock are competing for the provincial chairman position.

There are 10 candidates for the position of deputy chairman including eThekwini

municipal councillors Warwick Chapman and Zwekele Mncwango, Makhosazane

Mdlalose, Dianne Kohler Barnard and Abaqulisi municipal councillor Sibusiso Nkosi.

15 March 2012

The New Age

Sapa

Zuma's rise equal to 'coup'

Frank Chikane, who was former president Thabo Mbeki's director general, said

President Jacob Zuma's rise to power was tantamount to a coup, according to a reporton Thursday.


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"If intelligence officers report outside government, that's the best recipe for coups

[d'etat]," Chikane was quoted saying by The Times newspaper.

He was referring to the leaked intelligence spy tapes that led to Zuma's corruption

charges being dropped just before the 2009 elections.

Chikane was speaking at the book launch of 'Eight Days in September: The Removal

of Thabo Mbeki', in Sandton on Wednesday night.

According to the newspaper Chikane said leaking of the tapes to a "faction" in the

ANC was dangerous and should not be repeated.

Chikane's book gave an inside account of what happened when the ANC decided to

recall Mbeki in September 2008.

"It is about the conduct, the practice and behaviour," Chikane was quoted as saying.

"[It was about] experiences [we] should think carefully about that all of us are

wounded."

ANC Youth League president Julius Malema was among some of the people who

attended the launch as well as Mbeki's former ministers Essop and Aziz Pahad.

15 March 2012

Business Day

Page 4

Wyndham Hartley

ANC tries to muzzle critic of secrecy bill

The African National Congress (ANC) yesterday attempted to exclude the most

vociferous opponent of the "secrecy bill" from the list of organisations to be invited to

make oral submissions on the draft law, and only relented when opposition parties

strongly opposed the move.

The Right to Know campaign is made up of a host of civil society groups opposed to

the Protection of State Information Bill. Its often strident criticism has earned it the ire

of the ANC in Parliament.

The organisation has consistently argued that the bill should include a public-interest

defence for whistle-blowers and investigative journalists, as well as criticising the

harsh penalties which the bill provides for those who publicise classified information.

The National Council of Provinces ad hoc committee dealing with the bill was

yesterday busy compiling a short list from the more than 260 written submissions tobe invited to make oral presentations to the committee.


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ANC MP Buoang Mashile said the Right to Know campaign should not be invited.

The organisation was at all the public hearings held recently in all nine provinces and

its views had been heard many times"what is the necessity of inviting them back?"

Mr Mashile was supported by other ANC MPs on the committee, who asked if therewas anything new the group could add.

Congress of the People (COPE) MP Dennis Bloem and Democratic Alliance (DA)

MP Darryl Worth objected. Mr Bloem said many of the organisations chosen by the

ANC were also unlikely to bring anything new to the hearings. If the same standards

were applied, then they too should be excluded, but COPE supported their inclusion.

Mr Worth said the issue was the quality of the contribution that the Right to Know

would be able to make, and "the DA supports their inclusion".

ANC MP Nosipho Ntwanambi eventually relented, saying "they can come".

The committee also took the astonishing decision to exclude some organisations on

the basis that they had the word "media" in their names.

Committee chairman Raseriti Tau said all parties had supported this, including the

South African National Editors Forum, and that this was enough representation for the

media on the short list.

This failed to recognise that some of the organisations the committee excluded were

engaged in monitoring the media, rather than representing it. It was by this logic that

Prof Jane Duncan of the Media and Information Society: Highway Africa, as well as

Media Monitoring Africa, were excluded from the list.

In another key ruling, the committee decided that no political parties with

representation in either the National Assembly or the National Council of Provinces

could make oral submissions. In this way both COPE and the African Christian

Democratic Party were excluded from getting invitations. The rationale was that

political parties had a chance to express their views during parliamentary proceedings.

Organisations and individuals that all political parties agreed should be invited

include Public Protector Thuli Madonsela, George Bizos of the Legal ResourcesCentre, the Human Rights Commission, the Nelson Mandela Foundation, the

Congress of South African Trade Unions, the Catholic Bishops Conference and the

Jewish Board of Deputies.

15 March 2012

Business Day

Page 13

Editorial

Zimplats grab will hurt SA too


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The details are still a bit sketchy, but it appears that Impala Platinum has buckled to

pressure from the Zimbabwean government to hand over 51% of its Zimplats

subsidiary to the Zimbabwean state, with a small proportion going to the local

community and employees. There is no dressing this up: it is expropriation or at least

something very close to it. The question is whether this concession will embolden

calls for nationalisation in SA or whether, perversely, it might actually reduce them.

One thing this illustrates is how weak corporations are in the face of any government,

even one as anaemic and disaster-prone as Zimbabwes. Sociologists the world over

complain about the power of corporations, but the expropriation of Zimplats

demonstrates just how much this notion is a figment of the imagination. In any

country, governments are sovereign and companies are subject, and that is the base

fact.

This example is particularly illustrative because if there ever was a company that was

in a strong position to resist expropriation, it is Zimplats. It makes up a major portion

of what is left of Zimbabwes once active industrial sector. Hav ing witnessed thedestruction of this sector through economic mismanagement on a gargantuan scale, it

might seem Zimplats would have some strong arguments to remain in private hands.

But apparently not.

Furthermore, Zimplats produces platinum matte, which is theoretically very valuable,

but without further purification, which takes place in SA, it would be difficult to sell.

Hence, owning the mine would be difficult without co-operation from the South

African side of the business. Yet, even in this strong position, Zimplats has proved

unable to resist expropriation. If this is so, in how much danger are South African

mines, whose position in relation to the government is so much weaker?

On the face of it, Zimplatss decision to concede to expropriation appear to weaken

the position of its South African counterparts. Expropriation has never been part ofthe African National Congresss (ANCs) economic philosophy, yet could it be just a

matter of time?

The party has been tracking leftwards after all, and calls for nationalisation of the

mining sector are pretty loud within the party, even if they lack official support.

However, equating the ANC to Zanu (PF) is a grotesque political distortion. The ANC

has positioned itself as a social democrat-style party using, if anything, a localisedversion of a Scandinavian-type economic model. This is miles from the autocratic

militarism of Zanu (PF), whose political philosophy is a kind of melange of old

socialism and new despotism.

There is a good argument that the nationalisation "debate" in SA is pretty much over

anyway, with the ANC now looking at ways to increase taxes rather than nationalise

or expropriate. The ANCs study group has dismissed nationalisation emphatically

and its leading proponent, former ANC Youth League president Julius Malema, is

now expelled from the party.


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15 March 2012

Business Day

Page 3

Setumo Stone

Premier finds queues at health facilities

Long queues at Gauteng healthcare facilities were an indication that health services in

the province faced huge demand, Premier Nomvula Mokonyane said yesterday as she

toured health facilities.

Ms Mokonyane visited the Kliptown Clinic and the Chris Hani Baragwanath Hospital

in Soweto, where she found long queues of patients in the waiting rooms, some

claiming to have been waiting to be served for more than four hours.

"The perception that primary healthcare in Gauteng was not functional is incorrect,"

said Ms Mokonyane. The overcrowding indicated that residents still had confidence in

primary healthcare services in the province, she said.

The Gauteng health department had identified that part of the reason hospitals were

overburdened with patients was because residents were not using the clinics as a first

point of medical contact.

Ms Mokonyane, who was accompanied by Gauteng health MEC Ntombi Mekgwe,

said the visit was a fact-finding mission to assess the state of healthcare in Gauteng, as

part of a strategy to turn around the health department by June.

However, yesterday the Democratic Alliances Paul Willemburg questioned Ms

Mokonyanes talk of turning around the health department, after the new R498m

Bertha Gxowa Hospital in Germiston was still not admitting patients in general wards

despite having been officially declared open by Ms Mokonyane.

"How could the department and the premier announce the opening of a hospital that is

unable to admit patients?" asked Mr Willemburg. He said the hospital was desperately

needed, as nearby facilities were overrun with patients and unable to handle

increasing admissions.

But the province is proceeding with plans to make improvements. From next month

the health and social department would be split to lighten its load after it was placed

under the administration of the National Treasury last year.

Ms Mekgwe retains the health portfolio, with the social development portfolio

becoming the responsibility of agriculture and rural development MEC Nandi

Mayathula-Khoza.

Ms Mekgwe said the overcrowding was a systemic problem and could be reduced if

Kliptown Clinic adopted a strategy to prioritise attending to elderly people and young

children. While Ms Mokonyane was criticised for announcing details of her visit


19/44


20/44


The department was investigating "the possibility of some of the treatment plants

being developedand owned and managedby those private sector people,

probably even on a public-private partnership", she said.

The possibility of co-funding, using foreign capital, was also being considered.

Cosatu spokesman Patrick Craven said: "In principle, were opposed to the

privatisation of public works, but we would have to review the details, and take it on a

case-by-case basis."

However, Development Bank of Southern Africa adviser Mike Muller said yesterday

that there was a precedent in SA for foreign funding of water infrastructure, and it was

not "privatisation".

"This is not about privatising the full service, rather it is simply using companies as

specialist service providers to government in an area where we know the

municipalities are simply not able to do the job adequately," he said.

In terms of increased costs for consumers, Mr Morgan said that whether the

government brought in the private sector, or borrowed more money, there would be a

cost. "The money has to come from somewhere," he said.

But he cautioned: "Theyre not selling the water, private companies would just be

running the infrastructure. The minister still determines the tariffs of water sales, and

water board tariffs."

Mr Muller said that there were proposals "to raise prices to enable the sector to fund

some of its own investmentthis is a contentious issue".

"Internationally, similar questions have arisen because very few countries fund water

investment from user charges," he said.

Ms Molewa said 43 waste-water treatment plants were under development in SA and

"if were co-funded, we could take the money saved and spen d it elsewhere". An

ideal situation would be "going rand-for-rand" with private investors.

"Adequate investment is vital to keep the sector running," said Mr Muller. "The

longer its left, the greater the backlog becomes. The problem were worried about isthat not enough of this routine maintenance and refurbishment is being done. That

will lead to further deterioration, which will increase costs in the long run."

Mr Morgan said investment would allow multiple water treatment plants to be

simultaneously upgraded, as many municipalities waited until their water waste

management system was in a critical state before turning to the government. One of

the reasons for this was a lack of skills in municipalities.

13 March 2012

The New AgeSapa


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Bizos: secrecy bill unconstitutional on severalcounts

Veteran human rights lawyer George Bizos says the Protection of State Information

Bill, known as the secrecy bill, is unconstitutional on several counts.

The draft of the bill, as it stands, runs contrary to and indeed threatens many of the

fundamental values and principles enshrined in the Constitution, he said in a

submission to the National Council of Provinces (NCOP).

Bizos, from the Legal Resources Centres constitutional litigation unit, prepared the

submission on behalf of human rights organisation Passop.

It is one of 293 written presentations sent to the NCOP ad hoc committee processingthe bill after it was passed by the National Assembly last year amid a public outcry.

Nelson Mandelas former defence lawyer enumerates seven flaws in the bill, starting

with the absence of a public interest defence. We view a public interest defence as

imperative, Bizos says.

Such a defence would exempt from prosecution certain individuals in limited and

appropriate circumstances where the disclosure has been made in the public interest.

In Bizoss view, the bill would undermine the provisions of the Promotion of Access

to Information Act (PAIA) of 2000 and its status as the supreme law giving effect tosection 32 of the Constitution in which citizens right to access to information held by

the state is enshrined.

PAIA makes disclosure in the public interest mandatory in cases where the

information would reveal the commission of a crime, or the existence of imminent

public safety risk or environmental risk.

Any proposed legislation that seeks to displace the clear provisions of PAIA also

violates section 32 of the Constitution and is thus unconstitutional, writes Bizos.

The bills attempt to trump PAIA, a constitutionally mandated statute, is a further

indication of the bills overall unconstitutionality.

He notes that those who defend the absence of a public interest defence have argued

that such a clause was unnecessary because the bill criminalises wrongful

classification. The argument was wrong because the draft law did not allow those -

prosecuted for disclosing state information to argue in defence that it was wrongly

classified to begin with.

This further ignores the practical reality that improperly classified information will

be difficult, if not impossible, to detect and challenge without the efforts of

investigative journalists and whistleblowers who will be hamstrung in their ability tobring these illegal classifications to light if they fear lengthy jail terms, Bizos says.


22/44


Constitutional law expert Pierre de Vos said he agreed with Bizos because the bill was

drafted in such a manner as to criminalise disclosure of classified information,

regardless of whether the classification was lawful.

Finally, Bizos says the bill flouts the constitutionally mandated Promotion of JustAdministration Act by potentially ousting the jurisdiction of the high court to review

classificationwhich is an administrative act.

The submissions include a 20-page letter from public protector Thuli Madonsela, who

warns that it jeopardises freedom of expression and her ability to do her job by

preventing journalists and whistleblowers from reporting abuses.

Cosatu, in its contribution, calls for the inclusion of a public interest defence and

foresees that the bill will worryingly have the effect of entrenching authority

through a security state.

Cosatu has, along with rights groups, media houses and opposition parties, threatened

to challenge the bill in the Constitutional Court if it is signed into law in its current

form.

The ad hoc committee will meet tomorrow to schedule further hearings on the bill.

13 March 2012

Business Day

Page 1

Sam Mkokeli

Motlanthe wants Iran bribe claim to be probed

Deputy President KgalemaMotlanthes call on public protector to probe bribe

scandal shows confidence he will be vindicated

In a bid to clear this name, Deputy President KgalemaMotlanthe on Monday asked

Public Protector ThuliMadonsela to probe a bribe scandal in which he and his partner,

GuguMtshali, have allegedly been involved.

According to a report in the Sunday Times, Ms Mtshali was implicated in soliciting a

R104m "bribe" to obtain government support for a South African company trying to

clinch a R2bn sanctions-busting deal with Iran.

Had it gone ahead, the deal would have put South Africa in violation of a United

Nations Security Council resolution of 2010 prohibiting member states from

supplying military-related products to Iran.

The allegation comes at a time when Mr Motlanthe, largely seen as the voice of

reason in the African National Congress (ANC), is being punted by the partys youth

league and others as a possible successor to President Jacob Zuma at the partys

conference in December this year.


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A prolonged controversy is not in Mr Motlanthes interest as the leadership election

edges closer. While Mr Motlanthe is not campaigning for the top job, he is expected

to make himself available if he gets sufficient nominations from branches when

nominations open in October.

In light of the seriousness of the allegations exposed by the Sunday Times, MrMotlanthe took the unprecedented step of asking Ms Madonsela to investigate. The

public protectors credibility has been enhanced by high-profile investigations that led

to the dismissal of two ministers last year.

Mr Motlanthes spokesman, Thabo Masebe, said the deputy president had written to

Ms Madonsela, requesting her to investigate the allegations.

Ms Mtshali, former De Beers executive RaisakaMasebelanga and others allegedly met

representatives of a company called 360 Aviation to solicit the bribe.

The deal allegedly involved supplying US-made Bell helicopters and spare parts tothe National Iranian Oil Company via South Africa. The US prohibits the sale of

military equipment to Iran. The MD of 360 Aviation, Barry Oberholzer, was quoted

as saying: "We believe we were being asked for a bribe in exchange for

government support."

Mr Motlanthe said he was unaware Ms Mtshali had any connection to the company.

Mr Masebe said: "Both Deputy President Motlanthe and Ms Mtshali are firmly of the

view that they have committed no wrong-doing of any kind in relation to the alleged

events."

He said Mr Motlanthe had at no stage discussed such a matter with any person,

including officials who would have lent the governments support.

Ms Mtshali told the newspaper she had never attended a "formal meeting" with 360

Aviation.

But the Sunday Times claimed to have an audio recording of the meeting, in which

Ms Mtshalis voice is heard. The alleged deal reportedly failed because 360 Aviation

could not reach agreement with the Iranian company.

Ms Mtshali was mentioned in another controversy. She is a shareholder in the ICT

consortium, with Mr Zumas son DuduzaneZuma, the Gupta family and Telkom

chairman Lazarus Zim. ICT was awardedand later stripped ofa share of

mineral rights in the Sishen iron mine.

Mr Motlanthe himself was cleared of wrongdoing by an investigation of South

Africas involvement in Iraqs oil-for-food scandal.

Political analyst Steven Friedman said it was good that Mr Motlanthe had asked for

the investigation, the "equivalent of a lie-detector test".

"Clearly he feels that he would be vindicated," he said.


24/44


13 March 2012

Business Day

Page 2

Siseko Njobeni

State opens door for more private power firms

The Department of Energy is soliciting information from potential co-generation, coal, naturalgas and hydro project developers to test the appetite for these power schemes

The Department of Energy is soliciting information from potential co-generation,

coal, natural gas and hydro project developers to test the appetite for these power

schemes.

If there is interest from potential developers and the government procures such power,

it will create another entry point for private-sector participation in SAs power sector.The department is implementing an independent power producer programme for

renewable energy technologies. The government wants to procure 3725MW of

renewable power by 2016.

In a move to supplement its own power, Eskom hasvia its medium-term power

purchase programmesigned up 376MW from Sasol , Sappi , Ipsa and Tangent

Mining.

The department said the request for information would be used to develop a

procurement process.

"This (request for information) is for the ( department) to understand the market to

ensure the successful implementation of the (integrated resource plan for electricity)."

Depending on the response, the department might request potential developers to

submit proposals for projects. It expects to ask for proposals in September.

Director-general NelisiweMagubane said on Friday that the request for information

was in response to unsolicited bids the department had received, which it cannot

consider in terms of the legislation. The department said it wanted responses from

developers with ready projects where comprehensive feasibility studies had been

completed that showed the projects to be feasible.

Buying additional power from the private sector is important to prevent power

shortages. "It is a risk-mitigation plan. We want people who can deploy that power

quicker," Ms Magubane said.

Co-generation projectswhere an industrial facility uses its waste energy to produce

heat or electricity-could be deployed quicker, she said. Ms Magubane said the

request for information would also assist the department with the price path for such

power.

She said the request was part of the implementation of the integrated resource plan for

electricity, IRP2010, which guides investment in new capacity up to 2030.


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Doug Kuni of the South African Independent Power Producers Association said

yesterday that the government had resorted to the latest move as Eskom could not

build new plants quickly enough.

"Private power producers have been looking for opportunities for over nine years. SAneeds an independent grid and a market operator that will procure power from all

producers. At the moment there is no competition for Eskom. This (request for

information) creates competition among developers, not with Eskom," Mr Kuni said.

12 March 2012

Business Day

Page 1

Sarah Wild

Boffins take long view on SKA rumour: South Africanofficials and the international board overseeing plansfor the Square Kilometre Array have played down areport that SA has the edge against Australia in its bidto host the radio telescope

SOUTH African officials and the international board overseeing plans for the Square

Kilometre Array (SKA) have played down a report that SA has the edge against

Australia in its bid to host the R23bn radio telescope.

SKA founding board chairman John Womersley said yesterday he hoped the

unsourced report in two Australian newspapers about the site recommendation would

not delay finalisation of the bid. The winning bid is due to be announced on April 4.

The Canberra Times and the Sydney Morning Herald both reported on Friday that

Australias SKA hopes had been dashed because an advisory committee had decided

that SA had a technically stronger bid. A site recommendation in favour of SA might

expedite the bid decision process and bolster SAs chances.

"Its unfortunate that the confidentiality of the site selection process appears not to

have been fully respected," Prof Womersley said in a telephone interview from

London yesterday. "Were trying to stick to the timetable I hope that the news over

the past few days hasnt disturbed that."

He would not say whether the Australian reports were true. "The board had agreed we

wanted to keep the recommendation confidential, and question the chairman of the

advisory committee about the findings."

This questioning would take place on March 19 at the next meeting of the board, he

said.


26/44


South African sources were equally tightlipped about the reports. SKA SA director

Bernie Fanaroff said the bid decision process and timeline had been agreed to by all

the parties, including the need for confidentiality.

Phil Mjwara, director-general of the Department of Science and Technology, said on

Friday he could not confirm or deny if SA had been recommended.

Justin Jonas, associate director for science and engineering at SKA SA, also refused

to comment. "The report is still confidential and until we know otherwise, were not

going to say anything."

He cautioned against placing too much importance on the recommendation, saying it

was not the announcement, had not been accepted and had no official grounding.

12 March 2012

The Times

Page 4AmukelaniChauke

Accept JZ offer - Vavi told

Cosatu boss ZwelinzimaVavi has been asked to reconsider President Jacob Zuma's

request that he accept a position on the ANC's powerful national executive committee.

Cedric Gina, president of the National Union of Metalworkers, said yesterday that

Zuma's offer should be considered.

Speaking at Numsa's regional elective conference in Pretoria, Gina said Zuma's

invitation and Vavi's rejection of it would be discussed at the coming meeting of the

Cosatu central committee's political commission.

"To say that you cannot avail yourself to the national executive committee when you

are a member of the ANC is not a way to respond to [Zuma's invitation]," he said.

"Second, [for Vavi] to say that you comrades will be confused [is incorrect]. We don't

think that members of Cosatu will be confused [if] the general secretary of Cosatu is a

member of the national executive committee elected at the conference of the ANC."

Zuma recently told the Numsa political commission that the working class should

aspire to executive positions in the ANC in order to influence policy.

Vavi responded by telling journalists about a week ago that union leaders such as he

should not hold an executive position in the ANC because it would confuse workers.

His alliance partner in the SA Communist Party, Blade Nzimande, has been told to

quit as a minister in Zuma's government and focus on SACP work.

Nzimande dismissed the call.


27/44


Gina said yesterday that Numsa would soon talk to Cosatu about Zuma's invitation.

"I hope the media will not make me fight with my general secretary [Vavi]," he

added.

Gina launched a scathing attack on former president FW de Klerk for his commentscriticising the ANC's intention to make changes to the constitution.

"We see that he [De Klerk] has arisen from obscurity, from death, in the recent past,

because of the release of ANC policy documents.

"We think the ANC as the ruling party has the right to tamper with the constitution

because, after 18 years, the ANC has realised there are some things [you cannot

implement under] that constitution.

"We think Mr FW de Klerk must relax . We believe it is the constitution that has tied

the hands of the ANC in terms of doing revolutionary things for our people.

"Whether De Klerk likes it [or not], whether Helen Zille [DA leader] likes it or not,

we think the ANC must [reconsider] the constitution so that we may be able to deliver

some of the things we have been battling to deliver to our people," Gina said.

12 March 2012

Business Day

Page 1

Sam Mkokeli

Vavi stands ground on economic apartheid:PresidentJacob Zuma and top officials to discuss Cosatugeneral secretary ZwelinzimaVavis protest jibes

TENSION in the ruling alliance has reached a new high, with African National

Congress (ANC) leaders taking offence at a Congress of South African Trade Unions

(Cosatu) accusation that they had introduced a new form of "economic apartheid" by

implementing Gautengs new highway tolling system.

Events around last weeks marches against tolling and labour brokers have also

exposed deep divisions in the labour federation itself.

The most senior leaders of the ANCincluding PresidentJacob Zumaare

expected to discuss the Cosatu charge at a meeting of the "top six" officials today

.

The comments by Cosatu general secretary ZwelinzimaVavi likening the new toll

roads to apartheid are at the centre of the tensions in the alliance, and among different

unions. ANC spokesman Keith Khoza last night said the officials would certainly

discuss the strike, and the seriousness of the comments made. The officials meet

every Monday to discuss current issues.


28/44


A senior leader of the ANC said the accusation that the party had introduced

"economic apartheid" was serious and came as "a shock". Other leaders were

understood to be perplexed when they heard Mr Vavis criticism. They did not

understand why he would criticise them severely on a platform such as last weeks

strike provided.

Far from backing down, Mr Vavi stuck to his statement last night and spelt out what

he meant by "economic apartheid". He said he was referring to the exclusion of those

who could not afford to pay the tolls, and the two-tier system in operation in both

education and healthcare where the upper classes enjoyed the best of education in

private schools and private clinics or hospitals. He was also referring to the "reality

that apartheid-designed geography is still in place".

"Whilst all racially based statutes no longer exist, what remains now is discrimination

on the basis of economic status. It is economic status that determines if you can have

a telephone, electricity, water, which area you should reside in, etc. That is the

economic apartheid."

ANC sources say Mr Vavi fell out with Luthuli House leaders as long ago as early last

year. At an official alliance meeting last year, ANC secretary-general

GwedeMantashe even dared Cosatu to walk out of the alliance.

Mr Vavis relationship with Mr Zuma is understood to be hostile, with Mr Zuma

preferring to deal with Cosatu president SdumoDlamini. Mr Vavi has been scathing

in his criticism of Mr Zumas leadership of the ANC and the government. But Cosatu

spokesman Patrick Craven yesterday said: "Its not personal."

The divisions in the alliance are expected to worsen in the build-up to the ANCs

Mangaung elections. Mr Vavi is associated with a group opposed to Mr Zumas re -

election. That Mr Zumas arch-enemy, youth league president Julius Malema, was

allowed to address the Cosatu-led march in Johannesburg upset ANC leaders. They

said it suggested Cosatu was prepared to harbour a man they were firing from the

ANC, insiders said.

Mr Dlamini said yesterday it was wrong for Cosatu to allow Mr Malema to speak at

the march. That needed to be discussed at the Cosatu leaderships next meeting.

Granting Mr Malema a platform was a "recipe for tensions in the alliance", Mr

Dlamini said.

He also differed with the statements made by Mr Vavithat the ANC had

introduced economic apartheid. He said although Cosatu wanted some policy

changes, it was happy with the achievements of the ANC.

Mr Vavi and Mr Dlamini do not see eye to eye, union leaders say. The affiliated

unions are also divided. The National Union of Metalworkers of SA is understood to

back Mr Vavi, and the call for Mr Zuma to be replaced. Mr Dlamini, believed to be

close to Mr Zuma, has the support of the National Union of Mineworkers, Cosatus

biggest affiliate.


29/44


Mr Vavi has emerged as a thorn in the side of the ANC. With Mr Malema facing

expulsion, there are fears among those who back Mr Zuma that Mr Vavi could

become the face of the campaign to install new leaders at Mangaung.

However, his own position in the union federation is not guaranteed. Mr Vavi will be

standing for re-election as Cosatu general secretary for a fifth term in September. Buthis name has also appeared among those the youth league wants elected as the ANCs

top six in December.

Meanwhile, Mr Malema spoke at a youth league gathering in the Free State yesterday

despite what he said were attempts by ANC leaders to block him.

Mr Malema said those who said he needed "a permit" to be in Brandfort, where the

gathering was, were no different from those who, during apartheid, restricted peoples

movements.

12 March 2012Business Day

Page 1

Wyndham Hartley

Bizos, Madonsela reject secrecy bill: Veteran anti-apartheid lawyer George Bizos and Public ProtectorThuliMadonsela say public-interest defence is

imperative

THOUSANDS of citizens have joined veteran anti-apartheid lawyer George Bizos,

Public Protector ThuliMadonsela and the South African Human Rights Commission

in rejecting the "secrecy bill" in the latest round of public submissions.

When the National Council of Provinces ad hoc committee on the Protection of State

Information Bill recently started public hearings in all nine provinces, it also called

for written submissions, resulting in a flood of more than 2400 pages of mostly

negative comment.

Some feedback about the bill has come in the form of detailed objections; others haveput their names to petitions.

The African National Congress has already used its majority to force the bill through

the National Assembly, with all opposition parties voting against it.

Mr Bizos, in a legal opinion prepared for People against Suffering, Suppression,

Oppression and Poverty, said "the current draft of the bill, as it stands, runs contrary

to and indeed threatens many of the fundamental values and principles enshrined in

our constitution. Rather than revisiting apartheid-era securocratic methods of

information protection, the bill must seek an appropriate balance between state

security and human rights."


30/44


He identified seven points that were problematic: among others, failure to include a

public-interest defence; the criminalisation of people "who ought reasonably to have

known" that publication of information could harm the country; the improper

delegation of powers; the absence of a defence on the grounds that information was

improperly classified; and disproportionately severe penalties.

"We view a public-interest defence as imperative," Mr Bizos said. "Such a defence

would exempt from prosecution certain individuals in limited and appropriate

circumstances where disclosure has been made in the public interest. It is axiomatic

that the bill will limit the right to freedom of expression and the right to access

information."

Also on the issue of a public-interest defence, Ms Madonsela said: "The protection of

whistle-blowers is fundamental to the operation of open and accountable government

and is a standard provision in freedom of information legislation in a wide range of

countries. In addition, the special rapporteurs 2004 declaration on freedom of

information and secrecy legislation stresses the need for information safety valvessuch as whistle-blowers and calls for the protection of those who disclose information

so long as the person acted in good faith.

"Further consideration needs to be given to promote protection of whistle-blowers in

the face of the severe criminal sanctions within the (bill) which apply to those people

who disclose classified information.

"It is a difficult balance to strike, but a significant one for the protection of

fundamental rights," she said, urging Parliament to review the bill to remove its

unintended results.

The rights commission said a public-interest override would constitute a reasonable

publication defence and would overcome the "chilling" effect that the bill would have

on whistle-blowers and investigative journalists.

It further said that South African common law recognised the principle of reasonable

publication in the public interest.

12 March 2012

Business Day

Page 2Linda Ensor

MPs ready to grill Zuma

Questions will deal with governments concern over illicit capital outflows from

South Africa and Africa, progress in transforming the criminal justice system

and presidential pardons

THE first term of Parliament is winding to a close this week so that MPs can spend

the following two weeks with their constituencies. But before they do so they will


31/44


have the opportunity to grill President Jacob Zuma during a question session in the

National Assembly on Thursday.

These engagements allow MPs to hear first-hand the presidents views on matters of

national importance.

Questions on this weeks agenda will deal with governments concern over "illicit

capital outflows" from South Africa and Africa as identified by the United Nations

Economic Commission for Africa; progress in transforming the criminal justice

system; and presidential pardons, among other matters. Congress of the People MP

JuliKilian will be asking Mr Zuma what steps he intends to take to ensure that pupils

in the crisis-hit Eastern Cape get quality education. The question is particularly

relevant in the light of the disruptions caused to education in the province by teachers

strike, and the court action brought last week by Equal Education to force the

government to adopt regulations for minimum norms and standards for infrastructure

in schools throughout South Africa.

Democratic Alliance parliamentary leader LindiweMazibuko wants to know whether

Mr Zuma will release the "full and unexpurgated" final report of the commission of

inquiry he established to investigate the arms dealonce the commission has

completed its work. Ms Mazibuko will also ask Mr Zuma if any steps will be taken

against those implicated in the report.

The long drawn-out saga of the arms deal will continue to cause controversy unless

there is full transparency about the work of the commission, which was established to

settle, once and for all, the allegations of corruption and kickbacks.

Inkatha Freedom Partys Koos van der Merwe will ask Mr Zuma whether he

envisages an amendment to the constitution to alter the powers of the Constitutional

Court and also to identify the members of the task team that will assess its judgments.

Mr van der Merwe wants to know whether any measures will be put in place to ensure

that the process "does not impact on the independence of the judiciary".

The president will also be taking questions from the public during a live breakfast

television show in Port Elizabeth on Friday before formally opening the Port of

Ngqura. On Saturday he heads off to Cotonou, Benin, to attend the meeting of the

African Union s ad hoc committee of heads of state and government.

Parliamentary committees will be working through the strategic plans of government

departments and entities which were tabled last week. The ad hoc committee on the

Protection of State Information Bill will start processing the 2400 pages of

submissions received with a view to short-listing the people and organisations it

would like to invite to make oral submissions on the bill.

This follows six weeks of public hearings in all nine provinces.

The oversight role of legislatures will be discussed at a parliamentary seminar

between Wednesday and Friday to be addressed by among others Deputy President

KgalemaMotlanthe , National Council of Provinces chairman MninwaMahlangu andAfrican National Congress (ANC) national chairwoman BalekaMbete .


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Ms Mbete was recently appointed to the African Peer Review Committee. No doubt

the ruling party will be digesting the scathing attack by Congress of South African

Trade Unions general secretary ZwelinzimaVavi during last weeks strike action

against e-tolling of the Gauteng highway and labour brokers in which he accused the

ANC of "economic apartheid".

The issue could arise during the weekly meeting on Monday of the top six officials of

the party, who are understood to be incensed by Mr Vavis comments.

Moves made by expelled former president of the ANC Youth League Julius Malema

will be closely watched this week. He and youth league members Floyd Shivambu

and SindisoMagaqa are to file their appeal papers shortly.

12 March 2012

Sunday Times

Page 1Stephan Hofstatter, Rob Rose and MzilikaziwaAfrika

'Nothing for mahala'

Deputy President Kgalema Motlanthe's partner, Gugu Mtshali, has been implicated in

soliciting a R104-million "bribe" to obtain government support for a South African

company trying to clinch a R2-billion sanctions-busting deal with Iran.

Mtshali and associates of Motlanthe, including former De Beers executive RaisakaMasebelanga, met delegates of Cape Town-based 360 Aviation at a Bryanston,

Joburg, restaurant to discuss "buying" government support for the deal on February

17 2011.

Barry Oberholzer, MD of 360 Aviation, said: "We believe we were being asked [for]

a bribe ... in exchange for [government] support."

By then 360 Aviation had been instrumental in supplying Iran with a Bell helicopter,

spare parts and three airliners via South Africa through an ingenious sanctions-busting

scheme - but the company needed top-level political support to pull off a new deal.

This week, Motlanthe said he had no knowledge of his partner's involvement with 360

Aviation.

The deputy president's spokesman, Thabo Masebe said: "He has at no stage discussed

such a matter with any person, including the Department of Trade and Industry.

"The deputy president did not meet with 360 Aviation in the manner suggested or at

all."

However, 360 Aviation director Marcel Oberholzer confirmed to the Sunday Times

this week that he had in fact met Motlanthe in June 2011 with Masebelanga, althoughthey had not discussed the deal.


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The plan, which ultimately collapsed, would have seen a politically connected South

African front company, set up by 360 Aviation, win a five-year contract worth at least

R450-million a year to supply US-made Bell helicopters and parts to the National

Iranian Oil Company.

Crucially, aviation experts say, many Bell spare parts can be used in Iranian attack

helicopters, potentially bolstering Iranian military firepower. The new deal would also

have led to South Africa violating its UN Security Council obligation: a 2010

resolution prohibited member states from supplying military-related products.

Through access to recordings and confidential documents - understood to have also

been obtained and analysed by US intelligence agencies - and interviews with three

sources directly involved in putting together the deal, the Sunday Times has

established that:

Mtshali was at the Bryanston meeting at which Masebelanga solicited a R10-million"bribe" and a R94-million profit share to obtain "support for the deal" from the

government;

Motlanthe's associates followed through on their side of the deal, obtaining a letter

signed by Department of Trade and Industry (DTI) acting deputy director-general

Riaan le Roux; and Mtshali planned to fly to Iran with Masebelanga and another close

associate of Motlanthe, former Land Bank executive Herman Moeketsi, to clinch the

deal.

In written responses, Mtshali told the Sunday Times she had "never attended a formal

meeting" with 360 Aviation. After being sent the recording on which her voice can be

heard, she refused to comment further. But the Sunday Times has learnt that she

privately admitted being "introduced" to 360 Aviation MD Barry Oberholzer.

These revelations of how Motlanthe's romantic partner was involved in a bid to "sell"

government support come as Barry Oberholzer spoke about his role in setting up the

scheme, and how US intelligence had sought his assistance in nailing Iran sanctions-

busting schemes.

Barry Oberholzer told the Sunday Times the purpose of the Bryanston meeting was to

secure a support letter for the Iran deal from Motlanthe, through his associates.

"This was primarily for political protection from prosecution and assistance at a high

level in Iran," he said.

His explanation is supported by a recording of the meeting, which leaves no doubt

that the discussion - held in the presence of the deputy president's partner - was about

how to "buy" government support for a lucrative sanctions-busting opportunity.

The price: an upfront R10-million "consultancy fee" and shares worth an estimated

R94-million.


34/44


Masebelanga clearly spells out his ethos of government support for sale: the R10-

million fee to get the ball rolling. "There is nothing for mahala," he said.

In the recording, mysterious North West businessman Joe Mboweni says he works

"on instructions from mama", which is understood to be Mtshali, and adds that he is

"obviously" interested in discussing the profit share. To which Mtshali is heardsaying: "Joe will be instructing."

Mboweni adds: "When you are a politician you are not just political, you must also

look at the commercial side."

He says "Rai" (Masebelanga) should negotiate a "relationship agreement" that will

define the "equity and roles of each party" in the deal, then get "the letter".

Attempts to reach Mboweni were unsuccessful.

Two months later, on April 12, Le Roux signed the "letter of support" saying theDepartment of Trade and Industry "supports the initiatives by 360 Aviation" as it

"welcomes the expanding trade and investment relations with the Islamic Republic of

Iran".

That same day, Moeketsi took the letter to the Intercontinental Hotel at OR Tambo

International Airport and gave it to Barry Oberholzer.

On April 18, Moeketsi sent Barry Oberholzer an e-mail headed "Iran agreement and

passport photos." Attached were copies of Mtshali, Masebelanga and Moeketsi's

passports, and the "commission agreement in respect of consultancy to obtain

government support letter".

The agreement, signed by Moeketsi and Masebelanga, clearly lays out the terms: they

will "obtain a support letter from the South African government" in exchange for a fee

of R10-million, to be split 50/50 between them.

Although Mtshali is not mentioned in that agreement, the recording of the Bryanston

meeting suggests she was part of the overall plan.

At that recorded meeting, Masebelanga tells Barry Oberholzer that: "In this, I am not

alone, so I have to discuss this with everyone, and Joe, [who acts for Mtshali], is ourpoint man."

This suggests that the payments would be shared between all the parties, not just

Masebelanga and Moeketsi.

Even though Motlanthe's associates delivered on their side of the bargain, the deal

ultimately collapsed when 360 Aviation could not agree on terms with the National

Iranian Oil Company, so it never paid the R10-million fee to Motlanthe's associates.

"If the deal had gone through, we would have paid that R10-million," Barry

Oberholzer told the Sunday Times.


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But 360 Aviation did use the letter for another deal - to buy, from a US supplier, Bell

parts worth R2-million, which are destined for Iran. The Sunday Times understands

this is of interest to US intelligence agencies.

The US embassy would not confirm or deny this, or that Barry Oberholzer had passed

information to its intelligence agencies.

When the Sunday Times confronted Masebelanga with the agreement, he said "I

regret it" and that it was "a bit inappropriate, unfortunate".

Later, however, Masebelanga sent a written response saying that the contract he had

signed was "doctored beyond belief", as it did not include the full intentions of the

parties.

This is contradicted by his business partner and former Land Bank executive

,Moeketsi, who confirmed to the Sunday Times that he had obtained the support letter

from the DTI, and that he was expecting R5-million for doing so.

Masebelanga also denied that Mtshali had ever "had a meeting" with Barry

Oberholzer to discuss the deal, despite confirmation from a number of people

involved that they did indeed meet.

"If you wish to, crucify me on the cross of [a] lack of foresight about how the

proposed business turned out, but leave [Motlanthe] and Gugu out of this."

Masebelanga did admit, however, that he had planned to "bring in" Mtshali and

Mboweni in his business deals with 360 Aviation at a later stage.

Mtshali said she had "no knowledge of the letter from the DTI" and "has not been

party to any agreement with 360 Aviation".

Though she admits providing her passport to Masebelanga, she says this was for him

to arrange for her "to travel to Botswana".

However, e-mails from Moeketsi to Barry Oberholzer, titled "Iran trip", include

copies of Mtshali's passport. When it was put to Moeketsi that the documents clearly

implied he had helped facilitate Mtshali going to Iran to clinch the deal, he said "yes".

Motlanthe himself denied any knowledge of the deal or 360 Aviation , or that his

associates tried to "sell" government support for the sanctions-busting deal.

But this was contradicted by Barry's Oberholzer's brother, Marcel. He said he had a

"meet and greet" with Motlanthe at a private home in Houghton.

Motlanthe and Mtshali live in H

Global South African Weekly News Wrap 16 March 2012

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Transcript of Global South African Weekly News Wrap 16 March 2012