Over R45m spent on suspended officials

Thursday, November 24, 2011 1 Comment by Zelda

More than R45m is being used to pay the salaries of suspended public servants who await disciplinary proceedings to be concluded, according to a report on Thursday.

A recent Public Service Commission report dated June 2011, was tabled in Parliament on Wednesday, The Star newspaper reported.

It quoted an earlier study conducted by the public service and administration department which found that a number of officials investigated for financial misconduct increased from 434 in the 2001/02 financial year to 1 135 in 2009/10.

According to the study, 369 state employees were suspended between April 2009 and March last year at a cost of R45.7m, the newspaper reported.

The department of correctional services had the highest number of so called “precautionary suspensions” at 73, which cost taxpayers R7m. The department of justice followed with 41, costing about R6.4m.

However, the study did not include figures from the department of home affairs, which, according to the more recent PSC report, is among departments with the highest number of suspended officials.

Credit to: News 24 and Sapa

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Fact box: A look at SA’s secrecy bill

Wednesday, November 23, 2011 2 Comments by Zelda

South Africa’s parliament has passed legislation aimed at better protecting state secrets, but the measure has been widely criticised for provisions that could help the government hide corruption. The following are a few major provisions contained in the legislation known as the Protection of Information Bill.

* The bill is aimed at ensuring “a coherent approach to protection of state information and the classification and declassification of state information and will create a legislative framework for the state to respond to espionage and other associated hostile activities”.

* Foreign spies are required to register their status as agents with the government or face between three and five years in prison.

* The measure applies to all organs of the state, including municipalities, with the state security minister deciding what is a part of the government.

* The measure applies to all information regarded as ”valuable” to the state. The state security minister within 12 months of the commencement of the act can prescribe categories of information that are valuable and subject to protection.

* State agencies will set up procedures for managing sensitive information.

* Sensitive information includes matters “relating to the protection and preservation of all things owned or maintained for the public by the state”, state security, economic growth, scientific achievements and diplomacy.

* Any head of an organ of state may classify or reclassify information. The State Security Ministry is the gate keeper for the classification.

* Unauthorised possession of classified material is a criminal act.

* Material remains classified for no longer than 20 years, unless the state provided a compelling reason to keep it secret.

* The branch that classifies information can decide whether to grant requests for declassification.

* The unlawful delivery and distribution of “top secret” material can be punished by 15 to 25 years in jail.

* The unlawful delivery and distribution of “classified” material carries a three- to five-year prison term.

* Computer hacking of state records is a criminal offence punishable by five to 10 years in jail.

* Any person who publishes or discloses state secrets faces up to 10 years in prison and those conspiring with that person also face jail terms.

* Any government official who classifies information not considered as being valuable to the state faces up to three years in jail.

Credit to: Times Live

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Secrecy bill opposition reaching fever pitch

Tuesday, November 22, 2011 4 Comments by Zelda

Almost 14 years ago to the day, former president Nelson Mandela told journalists that press freedom would never be under threat in South Africa for as “long as the ANC is the majority party”.

That was on November 19 1997, but now all that looks set to change, with political parties, media organisations, civil society groups and trade unions saying the ANC’s feared Protection of State Information Bill will stifle the right of the media and whistle-blowers to expose corruption.

The ANC is expected to use its majority in the National Assembly today to pass the bill, which makes provision for the classification of state information and imposes stiff penalties, potentially of up to 20 years’ imprisonment, on journalists who divulge classified information.

Ahead of the vote this afternoon, opposition to the bill has reached fever pitch.

Editors from around the country are in Cape Town to join a picket by the Right2Know campaign – a nation-wide coalition of individuals and organisations opposed to the bill – outside parliament.

The National Press Club’s campaign calling on South Africans to wear black in protest at the bill had gone viral on social networks by last night.

The SA National Editors’ Forum sent a letter to all MPs this morning, urging them to vote against the legislation.

The letter stated that, despite important work on the bill in the past 18 months, there were still “serious remaining flaws” in it. Chief among these was the lack of a public interest defence. “In its current form, the bill represents an attack on principles of open democracy that are deeply embedded in our Constitution and our national life,” read the letter.

Prominent human rights activist Rhoda Kadalie lashed out at the ANC yesterday, saying it had confused what was in the best interests of the public with what was in the best interests of the party.

“When liberation democratic parties feel threatened, they go for the judiciary, they go for the media and they go for freedom of speech,” said Kadalie.

The SA Municipal Workers’ Union added its voice, saying the bill would “disadvantage whistle-blowers and workers who are fighting corruption”.

The union called on all unions “to ensure that the secrecy bill does not become law”.

The coalition had planned protests in Johannesburg, Durban, Pretoria and Cape Town.

A joint statement, issued by activist groups Equal Education, the Treatment Action Campaign, Section27, the Social Justice Campaign and Ndifuna Ukwazi, said that they all oppose the bill, and if it became law “members of parliament will be saying to South Africans that it is okay to punish the people who disclose and write about corruption and mismanagement in government and the corporate sector”.

Dene Smuts, the DA spokesman for justice and constitutional development, said yesterday that she still hoped that there would be further discussions on, and amendments to, the bill.

The ANC has defended the bill in its current form, with chief whip Mathole Motshekga’s office yesterday saying that the lack of a public interest defence was in line with “international best practice” and that a “serious country” would not “compromise the security of its citizens for the sake of a scoop for the media”.

  • Sapa reports that Archbishop Emeritus Desmond Tutu lashed out at the bill, which he described as ”flawed”. “It is insulting to all South Africans to be asked to stomach legislation that could be used to outlaw whistle-blowing and investigative journalism … and that makes the state answerable only to the state,” he said in a statement.

Credit to: Times Live (Charl du Plessis)

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ANC chief whip slates ‘Black Wednesday’

Monday, November 21, 2011 No Comments by Zelda

The National Press Club’s “Black Wednesday” plans for this week’s vote on the Protection of State Information Bill are a distortion of facts, the ANC Chief Whip says.

“The only result this unfortunate comparison and the planned campaign, in which people are urged to dress in black, will achieve is to dilute the real history of the Black Wednesday and insult the victims of apartheid’s barbaric laws,” Chief Whip Mathole Motshekga said in the statement.

The National Press Club (NPC) has asked people opposed to the bill to wear black clothing or a black ribbon or armband to express their opposition to the bill.

The name of the campaign refers to October 19 1977 when The World, Sunday World and Christian publication Pro Veritas were banned and almost 20 people or organisations were declared banned by the apartheid government.

The name of the campaign has been changed to “Black Tuesday”, the day of the week on which the bill will be voted on in the National Assembly,

“Let’s tell the government we are all opposed to censorship. It’s crunch time. The nation needs to unite and stop this nonsense,” NPC chairman Yusuf Abramjee said on its Facebook page.

If the bill is passed the media will not be able to claim it acted in the pubic interest if it violated or was party to the violation of a law, or published classified information to substantiate a report on, for example, malpractice or corruption in government.

However, Motshekga said comparing the facts of Black Wednesday and the intended new law was “not only an irresponsible act of protest, but also gravely senseless”.

“The reality of South Africa’s vicious history should teach all of us never to campaign in a manner that trivialises the deep pain and suffering experienced by the majority of our people,” he said.

After going through 123 amendments, the bill would be voted on in the National Assembly on Tuesday, but it was not the end of the road, he said.

It still had to move through the National Council of Provinces, before reaching finalisation.

He said the government had no intention to ban, torture or murder journalists and the rejection of a public interest defence was in line with international best practice on security in the United States, Canada and the United Kingdom.

“We believe this is blatantly insensitive and a distortion of history.”

* On Black Wednesday, editors Percy Qoboza and Aggrey Klaaste were taken to solitary confinement where they spent five months.

According The Sowetan archive, journalists such as Mathatha Tsedu, Joe Tlholoe, who is now the Press Ombudsman; and Don Mattera were detained and after their jail stay, were banned for five years.

Organisations banned included the Beyers Naude’s Christian Institute and the Union of Black Journalists.

“Black Wednesday” followed the death in police detention of black consciousness activist Steve Biko, as well as a campaign to resist Bophutatswana becoming a “homeland” independent of South Africa.

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Toll gate hearings to start in Johannesburg

Friday, November 11, 2011 No Comments by Zelda

Public hearings on the Gauteng highway toll gates are expected to start on Friday in Johannesburg.

The hearings are to give all affected parties an opportunity to share their views on the proposed tolls with government. In October, Transport Minister Sibusiso Ndebele instructed the SA National Roads Agency Limited (Sanral) to suspend all processes related to the tolling of national roads.

The suspension included the planned phase two of the Gauteng Freeway Improvement Plan, the Cape Winelands and the Wild Coast.

“It is important to note that there’s a clear distinction or separation between phase 1 [almost completed] and phase 2 [no work has started as yet],” said transport spokesperson Tiyane Rikhotso.

He said phase one was almost complete and the department wanted to hear alternative views from the public on the best possible model of financing the debt incurred.

The suspension was welcomed by various organisations including the SA Municipal Workers Union, the Freedom Front Plus and AfriForum.

In August, Cabinet approved reduced toll tariffs for the N1 highway between Johannesburg and Pretoria.

Motorcyclists were expected to pay 24c a kilometre, light motor vehicles 40c, medium vehicles R1 and “longer” vehicles R2 a kilometre.

Taxis and buses were exempted.

Credit to: News 24 and Sapa

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Taxpayers to pay R400m for ANC party

Thursday, November 10, 2011 1 Comment by Zelda

Taxpayers will have to pay more than R400m for the ANC’s centenary celebrations in Bloemfontein.

This is on top of the R100m which the ANC had already budgeted for next year’s big party.

This amount is however petty cash compared to the money that will be spent to ready infrastructure in the Free State to host the party.

- Taxpayers have already paid R150m for the Philip Sanders resort just outside the city. The resort will be the headquarters of the festivities;

- A further R35m has been budgeted to restore the Methodist church in Waaihoek, where the ANC was founded in 1912;

- R200m has been allocated to renovate the Seisa Ramabodu Stadium in Mangaung;

- The official house of Free State Premier Ace Magashule will get an upgrade costing R15m;

- Millions will also be spent to restore the historic Mapikela home, and the Winnie Mandela home in Brandfort.

Heritage

Cope’s Casca Mokitlane said that as it is an ANC celebration, the organisation must use its own money to finance the party.

The ANC however feels that the centenary celebrations form part of every South African’s heritage, which is why it sees no problem in spending large sums of money.

Roy Jankielsohn, leader of the DA in the Free State, said it would be highly irregular for a political party to tap into national, provincial and municipal budgets to pay for its celebrations.

“We are worried about how much money is being used for the restoration of the buildings and church, even if they could be declared national heritage sites.”

Professor Andre Duvenhage, political commentator of the North West University, said such spending of taxpayers’ money threatens democracy.

William Bulwane, spokesperson for Premier Magashule, did not respond.

Credit to: Volksblad and New 24

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Malema suspended for five years

Thursday, November 10, 2011 No Comments by Zelda

ANC Youth League leader Julius Malema had to “vacate his position”, the party’s national disciplinary committee said on Thursday.

“The respondent shall vacate his position as the president of the ANC Youth League,” said chairman Derek Hanekom in Johannesburg.

Malema was suspended for an effective five years.

“Malema damaged the standing of the ANC and South Africa’s international reputation,” said Hanekom.

Discipline in the ANC was “non-negotiable”, he said.

“Discipline is non-negotiable and it must be enforced,” he told reporters at Luthuli House in Johannesburg, ahead of an announcement about the fate of African National Congress Youth League president Julius Malema.

He said the ANC’s National General Council (NGC) in September 2010 directed that it was crucial that its members were disciplined.

It was “incumbent” for the disciplinary committee to “observe” the NGC resolutions.

“There should be no confusing signals from leadership on matters of discipline,” said Hanekom, adding that the proper process was followed in the disciplinary hearing of ANC Youth League president Julius Malema.

“The disciplinary process was properly initiated and proper process was followed,” he said.

However, Hanekom said the start of the hearings in August was marred by “unprecedented violence” by Malema supporters. He continued to say the ANC Youth League’s autonomy was “qualified”.

Hanekom said the argument that the African National Congress Youth League was independent of the ANC was incorrect.

The ANCYL enjoyed a “degree of organisational autonomy”, but was not independent of the ANC.

The ANCYL existed for the sole benefit of the ANC.

The ANCYL’s constitution should not be in conflict with the ANC’s constitution, said Hanekom.

Credit to: Sapa and Independent Online

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Zuma fires ministers, suspends police chief

Monday, October 24, 2011 1 Comment by Zelda

President Jacob Zuma on Monday announced the second Cabinet reshuffle of his term, announcing replacements, among others, for Sicelo Shiceka, minister of co-operative governance and traditional affairs, and Gwen Mahlangu-Nkabinde, public works minister.

The president also suspended Bheki Cele, the national police commissioner, with immediate effect, pending the outcome of a commission of inquiry into a controversial police lease deal involving the police chief and Mahlangu-Nkabinde.

Zuma had been under pressure to act against Shiceka, Cele and Mahlangu-Nkabinde after they were found to have acted improperly by the public protector.

Cele will receive his full salary and other benefits while on suspension, while Major General Nhlanhla Mkhwanazi will act in his position.

The board of inquiry into the police lease deal will be led by retired Justice Yvonne Mokgoro, alongside advocates Terry Motau and Anthea Platt, Zuma said.

Thulas Nxesi, the deputy minister of rural development and land reform, has been appointed as minister of public works.

Minister of Public Service and Administration Richard Baloyi was appointed to replace Shiceka, who went on sick leave in February this year. While he was on leave, Thuli Madonsela, the public protector, found him guilty of misspending about R1m on hotel accommodation and a trip to Switzerland, allegedly to visit a girlfriend imprisoned for a drug-related crime.

Madonsela reported that Shiceka had lied about the nature of his trip to Switzerland, which cost the taxpayer R546864, and that he had wasted more money on two stays in Cape Town’s luxury One&Only hotel.

She gave Zuma 60 days to take “serious action” against the minister, who had been on sick leave since February yet continued to travel domestically at state expense. She said Shiceka had also booked into the Lesotho Sun hotel for four days in March and insisted his department pay the R357120 bill with an accommodation voucher.

The public protector said last week that she and her team had tried to find evidence to explain Shiceka’s actions. “We did try and look for evidence in favour of the minister … to explain his conduct … but I couldn’t find any,” she said.

Earlier this year, in two reports on leases for police accommodation in Pretoria and in Durban totalling almost R2bn, the public protector also found that Mahlangu-Nkabinde and Cele were guilty of maladministration and illegal actions in approving the leases.

Zuma did not take questions from reporters following Monday’s announcement.

Credit to: Sam Mkokeli from Business Day

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Tolls put on ice – for now

Monday, October 24, 2011 No Comments by Zelda

The minister of Transport, Sibusiso Ndebele, has put the brakes on all work on the country’s controversial national toll roads’ project, saying there was a need for an extensive and all-inclusive consultative process with members of the public.

The minister ordered the South African National Roads Agency Limited (Sanral) to stop all toll road processes – including those in Gauteng – to make sure that all interested parties, be they groups or individuals, have their say on the project.

Work on the toll routes – the Gauteng Freeway Improvement Project, the Wild Coast and the Cape Winelands Toll Highway Project has already started and is estimated to run into billions of rands.

Infrastructure is already in place along the Gauteng N1 Freeway.

Transport Department spokesman Tiyani Rikhotso said on Sunday the need to stop all processes on the tolling project temporarily had been brought about by the realisation that there was a lot of interest in the projects and people still had to give their views.

“We want to proceed with a clear conscience, we want all views to be heard, we must play our role as a government that consults and not one that pushes decisions down people’s throats,” said Rikhotso.

He said it was only right that the people from whose pockets the money to service the debt government had already incurred for the project should have a say.

Forty two electronic toll gates have been erected on Gauteng’s N1, N3, N12, N17, R21 and R24. The tolls cover a distance of about 185km.

After an outcry over the initial charges, the cabinet approved reduced toll tariffs for the Gauteng freeway improvement project and agreed that light motor vehicles would pay R0.40/km, medium vehicles R1/km, “longer” vehicles R2/km and bikers R0.24/km. Qualifying commuter taxis and buses would be exempted.

There would be a 31 percent e-tag discount, a time of day discount available, and a frequent user discount for motorbikes and light motor vehicles fitted with an e-tag.

However, amid continuing unhappiness, the Transport Department announced earlier this month that a task team had been formed to look into the issue of toll roads and would include, among others, Ndebele and Finance Minister Pravin Gordhan.

Sanral corporate communications officer Priya Pillay said: “Sanral will continue to serve the interest of the economy and focus on the creation of quality jobs and the development of our communities.”

She said they were faced with the challenge of ensuring that the arteries of the economy were well maintained and adequately funded. They hoped to find a sustainable solution under the leadership of the minister which would ensure that the appropriate financial instrument would be appropriately applied.

”We welcome the statement from the minister, which clarifies the situation and the leadership he has provided in what is a challenging situation with respect to the funding of the national road network of South Africa,” Pillay said.

In Gauteng e-tag outlets are already visible in a number of shopping malls and members of the public were expected to start registering for e-tag accounts next month. Toll collection was expected to commence in February.

Rikhotso said the temporary stoppage would not affect the other processes like the training of personnel to man the toll gates and other staff issues.

Ndebele, Rikhotso said, felt that the good road infrastructure needed by the country should not place a financial burden on the shoulders of the consumer.

Conceding that the first phase of the Gauteng Freeway Improvement Plan had delivered good road infrastructure, he added that it was also an expensive exercise which had drawn sharp views from the public.

“We’re excited by the fact the Gauteng legislature has taken the initiative and has consultations around the toll issue scheduled for later this month,” Rikhotso said.

He said they were hoping to see similar processes, of consultations with individuals and formations, being started across the country.

Accusations around the lack of consultation and participation have been levelled at the government since the inception of the idea, and it has seen accusations ranging from the destruction of natural flora and fauna to the impact on poor communities adjacent to the toll zones.

In Gauteng objectors felt that the urban toll tariffs would harm consumers by increasing food prices and cause unnecessary financial strain on road users.

The Automobile Association called for all toll projects to be scrapped because of higher fuel prices, the effect of the recession on motorists’ cash flow and the high cost of collecting the money.

Although there were no timeframes yet within which the consultations would have to be completed, Rikhotso said they would be set out as soon as all parties started setting up discussions.

Pillay said that Sanral, as an implementing arm of the Department of Transport, would continue to implement the policies of government to the best of its abilities.

Credit to: Pretoria News and Independent Online

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Legislators to grill Gauteng mayors

Friday, October 21, 2011 No Comments by Zelda

In what can be regarded as a victory for disgruntled ratepayers, the mayors of three Gauteng municipalities will today be hauled before the provincial legislature’s petitions committee to explain why they failed to deal with residents’ complaints.

The three mayors are Tshwane’s Kgosientso Ramokgopa, Ekurhuleni’s Mondli Gungubele and Emfuleni’s Greta Hlongwane.

Committee chairman Jacob Khawe said the mayors faced being charged and, if found guilty, fined or sentenced to six months’ imprisonment if they failed to appear before the committee.

He said the committee worked similarly to the Office of the Public Protector. Established by the Petitions Act, it has the power to subpoena anyone in contempt of its authority.

Khawe said Ramokgopa would have to explain why he did not resolve the problems of the residents of Boikhutsong and Soshanguve, who in February last year complained of not been provided with water and electricity.

“We’ve been having discussions with Tshwane [metro officials] since that time. [But] those people are still sitting without water and electricity,” Khawe said.

He said the metro had also been unable to resolve its billing crisis.

Hlongwane will be grilled about her council’s decision to attach and sell the house of a resident who owed R44000 in rates and taxes.

“The homeowner took them to court and the court ruled that [the council's] decision was illegal,” Khawe said.

The council promised to resolve the dispute by August.

“We wanted them to pay the equivalent of what her house is worth or give it back to her. But, by September, they still hadn’t done so. That’s why we finally decided to call the mayor to account,” said Khawe.

The legislators will also grill Gungubele about his council’s treatment of a Thokoza resident who had leased a piece of land from the municipality.

“They allowed him to build a house and toilet. Now, after eight years, they want to evict him,” he said.

Khawe said the committee was determined to get tough.

“We’re not going to be lenient on people just because they are ANC comrades,” he said.

“If people are not happy with service delivery, they can petition us. They can also use us as a form of recourse. How long should people complain until they are heard?”

Credit to: Times Live

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