Opinion: Why was the Police blocking Besigye from the Requiem Mass At Rubaga Cathedral?

I am sometimes boggled by the disregard for justice that are in Uganda, that the Opposition leader Dr. Kizza Besigye of Forum for Democratic Change (FDC) that had been to Nakawa Court to prove that he had not fled the country, while his long-term pending treason charge case continues unto the heart of President Yoweri Museveni stops beating, that is my guess by now.

Still, Besigye could not be part of the Requiem Mass at Rubaga Cathedral, as the dignitaries and mourning family was gathered to remember the assassinated Assistant Inspector General of Police Andrew Felix Kaweesi. This was a mass in celebration for the life that the AIGP did have before the fatal mourning this Friday.

Though as the state did attend the Police Officer and Guard in Amuria district:

Internal Affairs Minister, General Haji Abubaker Jeje Odongo has arrived at the burial of Corporal Kenneth Erau who will be laid to rest today in Orungo sub-county in Amuria district” (87.7 Baba FM, 20.03.2017).

IGP Kale Kayihura and the NRM regime must be insane to stop him, but let all the others attend the mass. That just shows the, not pardon me, the tyranny and the standard of oppression the NRM are doing on the daily basis to the ones questioning the legitimacy of the NRM. That they cannot have the stomach and the ability to let him take part of state mourning of a fallen comrade in the Police. The man who has spent the most time in prison and been detained by all of the politicians combined in the republic. So, if somebody should be parts of the mass, it was him!

This regime doesn’t have the courage or the ability to give any way or show mercy on anyone, except for the ones loyal to the President. The rest are in the wind without any safe land to land on. I don’t know who gave this order if it was UPF Kayihura, CID, Special Force Command, Gen. Salim Selah or President Museveni himself. Still, it seem like a foolish betray of justice and rule of law to stop, yet again the opposition leader to be in church. They have detained him for going to church in All Saints after the election in 2016. This is in the same alley. So the UPF and the Security Organizations of Uganda has nowadays no quarrel to challenge the idea of what is justice and the injustice. Peace.

Uganda: IGP Condems Murder of Senior Police Officer (17.03.2017)

 

South Sudan: Lists of illegally detained at NSS Jail at the Jebel Headquarters in Juba!

This here is not speculation that the Juba Government under President Salva Kiir are detaining people who question his power and reign. That is an issue as his staff and close generals has resigned because of the methods the SPLM/A has used to control and run the nation. There are many lose questions, but if you have written against the Republic and it’s government you have been detained, so if you are a clear opposition to the Kiir Government, than you could easily be detained. Here is list of people who is illegally detained in the South Sudan. These are men who hasn’t done a crime other than being men and woman who deserves justice.

“People names of Illegally detained by government of South Sudanese in National Security Service Jails in Jebel Headquarters Juba.

Detainees from Eastern Equatoria State:

  1. Nyero Anthony Kenyi
  2. Sakure Daniel
  3. Tyson Meki
  4. Lokolong Joseph
  5. Ohitu Lawrence
  6. Oce Bosco
  7. Joseph Lorem
  8. Julius Lotabai
  9. Angelo Lomoi .

Detainees from Western Bar-El-Gazal State:

  1. Emilio Paul
  2. George Livio
  3. Martin Augustino
  4. Justin Wamawila
  5. Mohamed Wol
  6. James Lual
  7. Mario Luciano
  8. Shamsul Edward
  9. Yahya Bababu

Detainees from Western Equatoria State:

  1. Andrea Bambe
  2. Tartizio Usini Donato
  3. Daniel Lokurani
  4. John Boliaho
  5. Paul Baba

Detainees from Central Equatoria State:

  1. Chandiga Felix
  2. Benjamin Taban
  3. Kenyi Kenedy Abdu
  4. Ladu James Paul
  5. Sokiri Felix
  6. Sokiri Micheal
  7. Aloro John
  8. Ayume Dada
  9. Alison Mogga (Died in custody)
  10. Christoper Bagwe
  11. Simon Evans
  12. Wani Moki

Detainees from Unity State:

  1. Dabol Tik Dak
  2. Joseph Ngec
  3. Nhial Nyoun

Detainees from Jongolei State:

  1. William Nyuon

Names of detainees who have died in custody:

  1. Gatmai Kuol
  2. Mayatal Nyoun
  3. Kasara Muon.
  4. John Both
  5. Gabriel Tang
  6. Gabriel Udo
  7. Musa Natali

Please circulate widely so that their relatives and friends are aware. Let us collectively work for the Freedoms and Rights of all South Sudanese in a just State. Together we can bring perpetrators of War Crimes to Justice!” (SSUDA, 2017).

This comes from a credible source of the SSUDA. Peace.

Trump’s renewed ‘Muslim ban’ or Executive Order with more paranoia against Muslim Nations!

“If a cricketer, for instance, suddenly decided to go into a school and batter a lot of people to death with a cricket bat, which he could do very easily, I mean, are you going to ban cricket bats?”
Philip, Duke of Edinburgh

The paranoid and afraid old man in the United States, President Donald J. Trump without evidence or without proof of honest judgement on the matter, has again signed a new Executive Order extending the Muslim ban from 27th January 2017. That is because Mr. Trump cannot help himself as he is afraid either in his Twinkie Tower in Manhattan or at Mar-A-Lago in Miami or Los Angeles. Therefore, the afraid-little man has to have this power to make sure the United States is safe from possible radical people, like the Ku Klux Klan and other ones, wait they are already there!

“Per the Executive Order, foreign nationals from Sudan, Syria, Iran, Libya, Somalia, and Yemen, who are outside the United States and who did not have a valid visa at 5 p.m. Eastern Standard Time on January 27, 2017, and do not have a valid visa on the effective date of this order are not eligible to enter the United States while the temporary suspension remains in effect. Thus any individual who had a valid visa either on January 27, 2017 (prior to 5:00 PM) or holds a valid visa on the effective date of the Executive Order is not barred from entry” (White House, Q&A, 2017).

Take a look: 

“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.” (White House, 2017).

“Under these authorities, I determined that, for a brief period of 90 days, while existing screening and vetting procedures were under review, the entry into the United States of certain aliens from the seven identified countries — each afflicted by terrorism in a manner that compromised the ability of the United States to rely on normal decision-making procedures about travel to the United States — would be detrimental to the interests of the United States. Nonetheless, I permitted the Secretary of State and the Secretary of Homeland Security to grant case-by-case waivers when they determined that it was in the national interest to do so” (White House, 2017).

It continues from where the 27th January order left off:

“In light of the conditions in these six countries, until the assessment of current screening and vetting procedures required by section 2 of this order is completed, the risk of erroneously permitting entry of a national of one of these countries who intends to commit terrorist acts or otherwise harm the national security of the United States is unacceptably high. Accordingly, while that assessment is ongoing, I am imposing a temporary pause on the entry of nations from Iran, Libya, Somalia, Sudan, Syria, and Yemen, subject to categorical exceptions and case-by-case waivers, as described in section 3 of this order” (White House, 2017).

So even has the Department of Homeland Affairs (DHS) did in their intelligence brighten the nonsense of the Trump administration on the alleged terrorist threat, the Trump people couldn’t hold the trigger and had to rewrite the order to fit legal paradigm that they didn’t before, there a month of work has ended in this one, that continues further the expelling of foreign nationals and unexplained handpicked nations to show the ignorant President his extent of racism to the world at large. President Trump can be the proudest ignorant executive the world has seen in decades!

The other difference than before, there provisions for the ones who had already legal rights and had a past in the United States, that means that Mo Farah and other who is also Somali international finally can travel back home. Therefore, there is an amendment who continues, but with more legal force so that the legal battles will be less this time around.

Also the Memorandum given by the President continues the fear of strangers:

“Enhanced Vetting Protocols and Procedures for Visas and Other Immigration Benefits. The Secretary of State and the Secretary of Homeland Security, in consultation with the Attorney General, shall, as permitted by law, implement protocols and procedures as soon as practicable that in their judgment will enhance the screening and vetting of applications for visas and all other immigration benefits, so as to increase the safety and security of the American people” (White House, 2017).

These is fitting to the Executive Order so the foreigners are having issues when entering as the nations and civilians who seeks refugees will be questioned, as the United States will be more and more unfriendly with the refugees and people wishing to migrate to the American Republic.

“Sec. 3. Enforcement of All Laws for Entry into the United States. I direct the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the heads of all other relevant executive departments and agencies (as identified by the Secretary of Homeland Security) to rigorously enforce all existing grounds of inadmissibility and to ensure subsequent compliance with related laws after admission. The heads of all relevant executive departments and agencies shall issue new rules, regulations, or guidance (collectively, rules), as appropriate, to enforce laws relating to such grounds of inadmissibility and subsequent compliance. To the extent that the Secretary of Homeland Security issues such new rules, the heads of all other relevant executive departments and agencies shall, as necessary and appropriate, issue new rules that conform to them. Such new rules shall supersede any previous rules to the extent of any conflict” (White House, 2017).

This is just some of the factors as there have been released on why the 6 nations was picked out and the reasons for the Trump Administration to single these nations out:

“How were the six countries designated in the Executive Order selected?

The six countries, Iran, Libya, Somalia, Sudan, Syria, and Yemen, had already been identified as presenting concerns about terrorism and travel to the United States. Specifically, the suspension applies to countries referred to in, or designated under—except Iraq—section 217(a)(12) of the INA, 8 U.S.C. § 1187(a)(12). In that provision Congress restricted use of the Visa Waiver Program by dual nationals of, and aliens recently present in, (A) Syria and Iraq, (B) any country designated by the Secretary of State as a state sponsor of terrorism (currently Iran, Syria, and Sudan), and (C) any other country designated as a country of concern by the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence. In 2016, the former Secretary of Homeland Security designated Libya, Somalia, and Yemen as additional countries of concern regarding aliens recently present in those countries” (White House, Q&A, 2017).

Just to make sure the intent of the Executive Order is understood and what the President himself believes that this ensures or even his Bannonesque clique believes it does:

The U.S. Government must ensure that those entering this country will not harm the American people after entering, and that they do not bear malicious intent toward the United States and its people. The Executive Order, together with the Presidential Memorandum, protects the United States from countries compromised by terrorism and ensures a more rigorous vetting process. This Executive Order ensures that we have a functional immigration system that safeguards our national security” (White House, Fact Sheet, 2017).

So there you have it, the important bricks and pieces of the Muslim Ban and the newly renewed 27th January Executive Order, that has gotten new words to sufficiently get less problems in Courts and amendment it, so it was signed into decree or order today. President Trump must really, really fear these people as they are all intending to bomb his Twinkie Tower and not buy Ivanka’s jewellery; therefore, they cannot be trusted since there was one guy from Yemen and two persons from another country who did something bad on the American soil. Therefore, the Republic has to secure from all of them, because one guy from Yemen did something bad, the same with the rest of these nations that was banned in January 2017. The Trump Administration doesn’t need facts, just Bannonesque fiction to spell out their vomit to the world.

So expect more nonsense, more people suing the Trump Administration and also the criticism will not die down as the proof of not listening to DHS is evident with this one. The Intelligence report on the 27th January Executive Order we’re not concerned, as Trump and his people continued to push on their bogeyman-paradigm. Peace.

Reference:

The White House – ‘PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES’ (06.03.2017)

The White House – ‘MEMORANDUM FOR THE SECRETARY OF STATE THE ATTORNEY GENERAL THE SECRETARY OF HOMELAND SECURITY’ (06.03.2017)

The White House – ‘Q&A: Protecting The Nation From Foreign Terrorist Entry To The United States’ (05.04.2017).

The White House – ‘Fact Sheet: Protecting The Nation From Foreign Terrorist Entry To The United States’ (05.04.2017)

Breaking News: Competition Commission reaches settlement with Citibank N.A. for colluding (20.02.2017)

south-african-rand-4

Today, the Competition Commission has filed with the Competition Tribunal, a settlement agreement reached with Citibank N.A. for being part of the forex trading cartel.

The Commission found that from at least 2007, Citibank N.A. and its competitors had a general agreement to collude on prices for bids, offers and bid-offer spreads for the spot trades in relation to currency trading involving US Dollar/Rand currency pair. Further, the Commission found that Citibank N.A. and its competitors manipulated the price of bids and offers through agreements to refrain from trading and creating fictitious bids and offers at particular times.

Citibank N.A. will pay an administrative penalty of R69 500 860 (Sixty Nine Million Five Hundred Thousand Eight Hundred and Sixty Rands). This figure does not exceed 10% of Citibank N.A.’s annual turnover in the Republic of South Africa. Citibank N.A. undertook to cooperate with the Commission and avail witnesses to assist the prosecution of the other banks that colluded in this matter.

On 15 February 2017, the Competition Commission referred a collusion case to the Competition Tribunal for prosecution against Bank of America Merrill Lynch International Limited, BNP Paribas, JP Morgan Chase & Co, JP Morgan Chase Bank N.A, Investec Ltd, Standard New York Securities Inc., HSBC Bank Plc, Standard Chartered Bank, Credit Suisse Group; Standard Bank of South Africa Ltd, Commerzbank AG; Australia and New Zealand Banking Group Limited, Nomura International Plc., Macquarie Bank Limited, Citibank N.A., ABSA Bank Limited (ABSA), Barclays Capital Inc, Barclays Bank plc (Respondents).

“This settlement was done to encourage speedy settlement and full disclosure to strengthen the evidence for prosecution of the other banks,” said the Commissioner, Tembinkosi Bonakele.

Ends.

For more information or for media enquiries, please contact:
Sipho Ngwema, Head of Communications
012 394 3493/ 078 048 1213/ SiphoN@compcom.co.za

The Trump Administration ready with two Executive Orders to revamp the Law Enforcement!

sessions

The Presidency under Donald Trump will surely hire lots of security and law enforcement people, as there is already in the works a deportation force to get rid of illegal aliens and people who seeks refugee with valid visa. Therefore today’s new investment and security order that clearly indicates that that the Trump Administration wants to take a step further, also another order that is clear on the public safety. However, this will surely be more oppression against people, as proven with the voting in of new Attorney General Jeff Sessions. Who has had no quarrel fighting civil rights activists in the past, because of his believed superiority, instead now he will attack the minorities and make sure the strengthen law enforcement can silence the dissidents of the white supremacist system that the new Republic government tries to unfold with all sort of measures like these.

First on the new Task Force:

“A focus on law and order and the safety and security of the American people requires a commitment to enforcing the law and developing policies that comprehensively address illegal immigration, drug trafficking, and violent crime. The Department of Justice shall take the lead on Federal actions to support law enforcement efforts nationwide and to collaborate with State, tribal, and local jurisdictions to restore public safety to all of our communities” (White House, 2017).

We can see that the Task force will be clear cut to nationwide take federal actions for the common good. Though there will indication in the order what that entails like in Section two:

The Attorney General shall determine the characteristics of the Task Force, which shall be composed of individuals appointed or designated by him.

(c) The Task Force shall:

(i) exchange information and ideas among its members that will be useful in developing strategies to reduce crime, including, in particular, illegal immigration, drug trafficking, and violent crime;

(ii) based on that exchange of information and ideas, develop strategies to reduce crime;

(iii) identify deficiencies in existing laws that have made them less effective in reducing crime and propose new legislation that could be enacted to improve public safety and reduce crime;

(iv) evaluate the availability and adequacy of crime-related data and identify measures that could improve data collection in a manner that will aid in the understanding of crime trends and in the reduction of crime; and

(v) conduct any other studies and develop any other recommendations as directed by the Attorney General” (White House, 2017).

So Attorney General Jeff Sessions will put together his hateful eight, take the bull by the horns and create havoc in the inner-cities. That is the measurement of what this Task Force will do. They come with all sorts mixes that fits the frame of Sessions and their idea of justice. This can be messy in the near future.

The Second Executive Order is a continuation of this one. With the key principals of law and order, where the state get more organized and police oriented. As we can see in the first section:

“(a) enforce all Federal laws in order to enhance the protection and safety of Federal, State, tribal, and local law enforcement officers, and thereby all Americans;

(b) develop strategies, in a process led by the Department of Justice (Department) and within the boundaries of the Constitution and existing Federal laws, to further enhance the protection and safety of Federal, State, tribal, and local law enforcement officers; and

(c) pursue appropriate legislation, consistent with the Constitution’s regime of limited and enumerated Federal powers, that will define new Federal crimes, and increase penalties for existing Federal crimes, in order to prevent violence against Federal, State, tribal, and local law enforcement officers” (White House, 2017).

So when Jeff Sessions and President Trump have created a stronger law enforcement with their own team, they need strategies and legislation that the Task Force can actually do. That is the reason for Executive Order number two of the day. So that one is the hand to acts and the other the glove that gives the warrant to address it!

Like this:

“(a) develop a strategy for the Department’s use of existing Federal laws to prosecute individuals who commit or attempt to commit crimes of violence against Federal, State, tribal, and local law enforcement officers;

(b) coordinate with State, tribal, and local governments, and with law enforcement agencies at all levels, including other Federal agencies, in prosecuting crimes of violence against Federal, State, tribal, and local law enforcement officers in order to advance adequate multi-jurisdiction prosecution efforts;

(c) review existing Federal laws to determine whether those laws are adequate to address the protection and safety of Federal, State, tribal, and local law enforcement officers;

(d) following that review, and in coordination with other Federal agencies, as appropriate, make recommendations to the President for legislation to address the protection and safety of Federal, State, tribal, and local law enforcement officers, including, if warranted, legislation defining new crimes of violence and establishing new mandatory minimum sentences for existing crimes of violence against Federal, State, tribal, and local law enforcement officers, as well as for related crimes” (White House, 2017).

trump-qoute-police

So the Law Enforcement Task Force and the already law enforcement, as the President Trump and Attorney General Sessions can go on with their wild-card as they want to make sure the boys in blue is safe. The Police Officers going to get allowed and secure for their faults and their checking of society, because this administration believes in a strong state!

With this sort of laws and strengthening of the Police in the state, under a government that wants only their views and their regulations; will really focus on the Police rather than the citizens… these laws will be strengthen for their justice and their acts to implement the ideas of the state. This are proof of what extend the national security and how far the Presidency want to take it.

This isn’t just to secure the Law Enforcement, but also to review and make sure the loopholes of law are amended, even repealed so the Police and other Federal Security Agents can act as they please. This will happen with the Law Enforcement to be done without fear of retaliation or repercussion for doing their work.

Certainly President Trump and Attorney General Sessions are going to have a field day with this and use all measures to enforce this, both section it out and also make sure their boys in blue is safe with all means possible and together with all new Executive Orders. The EOs with this and anti-immigration are to strengthen the law enforcement is an extension of it. As if President Trump wants to achieve the other, he needs reasons to sufficiently make the Law Enforcement stronger and more legally equipped. So he can also show his rash hand with being saving grace for the police as they have to enforce his visions of justice. This is to be continued, just as his viable attempt of justifying the means of oppression towards foreign citizens with legal green cards and attempt of self-righteousness; in the midst of finding new ways of sufficiently policing the state through his measures. Peace.

Reference:

White House – ‘TASK FORCE ON CRIME REDUCTION AND PUBLIC SAFETY’ (09.02.2017)

White House – ‘PREVENTING VIOLENCE AGAINST FEDERAL, STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT OFFICERS’ (09.02.2017)

Och-Ziff Company and subsidiaries implicated in bribing Guinean, Zimbabwean and Congolese Authorities to get favourable business operations in these nations, Raid January 2017 report claims!

guinea-mining

“The Home Secretary, Amber Rudd, at the FCA’s 2016 Financial Crime Conference, stated:15 ‘The UK is attractive to criminals and corrupt kleptocrats who steal billions from their own people, often some of the poorest people in the world.’ The Home Secretary concluded: ‘If…we develop world leading legislation to combat financial crime whilst continuing to develop the capabilities of our law enforcement agencies, then we will reduce the flow of dirty money into the City….’” (RAID, P: 14, 2017).

Well, this is not the first or the last time we will discuss mineral-resources and the extractions of these to gain quick profits, either in sophisticated ways of administrative affairs between the ones the licence the operations to the company, which usually is government officials who are pocketed by subsidiaries if multi-national corporations; this is happening in the Democratic Republic of Congo, Zimbabwe and Guinea. As showed in the RAID report of January 2017: “Bribery in its purest form”; that I will uncover certain parts of to show the apparent companies and holding-companies that are owning and operating in the these countries by bribing officials to export minerals. They get ownership of giant mines and resources from these nations as they are licenced after favourable transactions for the governments, as they are kept bribed to uphold production as well.

This happening in nations that are sanctioned and has sanctioned persons that should stop these transactions and licences of United Kingdom and United States corporations, even if they have shell-companies and official headquarters in Tax-Havens that proves the ability of extracting the massive fortunes in these minerals, without proper transparency in the nation they operate with their mining operation.

I think the report should speak for itself and should be publically known to show how they are able to take the monies, profit and also bribing the officials without any consequences, even when the nations of Zimbabwe and DRC had sanctions against it; still the His Majesty Treasury of United Kingdom didn’t stop the transactions and trade with them. This proves that the UK Government doesn’t care about their own sanctions and how their businesses are operating without judgement and fear of getting fined for breaking laws to get rights and takeover mining operations in other countries.

Take a look! 

The review of mining licences that the Congolese government embarked on in 2007, which was supposed to clear up the murky legacy of wartime contracts, provided Och-Ziff and its collaborators with a golden opportunity to snap up valuable assets at knock-down prices. Working with the Congolese political elite, this group were able to exploit the threat of expropriation or revocation of mining permits to their own advantage. By 2014, according to Forbes Magazine, President Joseph Kabila had amassed an estimated personal fortune of US$15 billion in just over 13 years of power.xxiv In 2015, The Sunday Times Rich List estimated Michael Cohen’s wealth to be £335 million (US$500 million). Forbes puts Daniel Och’s (the founder and CEO of Och-Ziff) net worth at US$2.5 billion and Dan Gertler’s wealth at $1.18 billion. The DRC is one of the poorest and least developed nations in the world, ranked 176 out of 188 countries.xxv Almost 87% of its 69 million people live on less than $1.25 a day. Put another way, that $1.25 each day equates to $450 per year, and with life expectancy of 58 years, Och’s personal fortune would last the lifetimes of more than 95,000 Congolese at today’s values” (Raid, P: 10, 2017).

Och-Ziff subsidiaries:

“Mvela Holdings is incorporated in South Africa.31 Mvela Holdings is described in the Och-Ziff release as ‘a private investment company founded in 1998 by Tokyo Sexwale, Mikki Xayiya and Mark Willcox. It is the controlling shareholder of JSE-listed Mvelaphanda Group Ltd and has a significant interest in JSE-listed Mvelaphanda Resources Ltd. It has other substantial privately held interests in the mining, energy, real estate and various other industrial sectors in South Africa and Africa.’ It appears that Mvela did not ultimately participate directly in AML” (…) “Palladino Holdings is described as a private investment vehicle, founded in 2003 by Walter Hennig holding ‘a variety of significant mining, energy and other assets in Africa.’32 A company under the name Palladino Holdings Limited is registered in the UK, and recorded as originating in the Turks & Caicos Islands.33 Other market notifications that refer to Palladino Holdings Limited as a shareholder give an address for Palladino in the Turks & Caicos Islands.34 Palladino Capital 2 Limited, a closely-related Palladino subsidiary behind a controversial loan to the Guinea government (see below), is registered in the British Virgin Islands” (…) “Other than Och-Ziff employees, directors of Africa Management (UK) Limited include or have included, Walter Hennig (Palladino), Andre Cilliers (Palladino) and its chief executive Mark Willcox (also Chief Executive Officer of Mvela Holdings)” (Raid, P: 17, 2017).

Guinea agreement:

“Och-Ziff Employee A and Och-Ziff Employee B, along with the CEO of AML and South African Business Partner, conceived of a related-party transaction that would accomplish these goals….According to the deal documents, South African Business Partner was to buy 31.5 million shares in the oil and gas company from the South African conglomerate for $77 million and then immediately resell 18.5 million of those shares to AGC II for $77 million.…” (…) “Contrary to the deal documents…Och-Ziff Employee A and Och-Ziff Employee B knew that South African Business Partner would not pay the full $77 million to the South African conglomerate. South African Business Partner bought 31.5 million shares…for only $25 million, and then immediately resold 18.5 million shares in that same company to AGC II for $77 million, providing South African Business Partner with $52 million and an additional 13 million shares in the company. With the $52 million, South African Business Partner then paid $2.1 million to Och-Ziff to satisfy an outstanding debt relating to AGC I (in which the Investor had no interest), $25 million to the government of Guinea to try to secure access to valuable mining investments there, $1 million to the agent affiliated with the a high level Guinean government official and his family, and the remainder to personally benefit himself and his business partners” (RAID, P: 19, 2017).

Guinea 2011:

“In or about March 2011, a company controlled by Coconspirator #1 [‘the beneficial owner of the Turks & Caicos Entity’ ] entered into an agreement with the Guinean government, which gave the company the option to buy into the SOMC [‘Guinean state-owned mining company’]. On or about April 29, 2011, an affiliate of the Turks & Caicos Entity loaned the government of Guinea $25 million as part of a deal to become a partner in the SOMC. Coconspirator #1 raised the $25 million through a related-party stock sale to the Joint Venture. MEBIAME signed the loan document on behalf of the affiliate of the Turks & Caicos Entity. According to MEBJAME, the partnership with the SOMC ultimately did not go forward due to negative press accounts, which indicated that the deal between the Guinean government and Coconspirator #1 was corrupt” (…) “He [Alpha Condé] said that he agreed. So we made the loan, we signed the loan to Soguipami…,and so I was authorised to sign and make the transfer.’ Another exhibit – a witness statement, from a UK High Court case, made by the chief executive of a company advising BSGR – states:67 ‘funds were transferred to Alpha Condé by way of a recorded loan of $25million and further unrecorded transfers believed to be “much much more”….Alpha Condé attempted to reward his backers. He entered into an agreement known as the Palladino Contract, pursuant to which the provider of the $25million loan would, on default of the loan, become entitled to a 30% share in a new Guinean national mining company established by Alpha Condé.’ Other exhibits in the ICSID case refer to Walter Hennig and AGC” (RAID, P: 20, 2017).

DRC laundering of mining exports:

“Gertler’s use of London markets to launder DRC assets began with another AIM-traded entity, Nikanor plc. Nikanor plc was described as ‘the holding company of a Group with copper and cobalt assets in the DRC’. The company was incorporated and headquartered in the Isle of Man.87 On 17 July 2007, Nikanor was admitted to AIM” (…) “In the Nikanor admission document, reference is made to allegations that Dan Gertler ‘acquired a temporary monopoly on sales of diamonds from the DRC as a result of improper dealings with the Government of the DRC’.88 The Nikanor admission document concludes that: ‘These allegations do not relate to the Company [Nikanor], the Group or any of their activities. They concern Mr Gertler in his capacity as a shareholder.’ Yet it is stated under ‘risk factors’ in the admission document: ‘…each of the Major Shareholders will be able to exercise significant influence over all matters requiring shareholder approval, including the election of Directors and significant corporate transactions.’ Moreover, there is also a reference to how the group of Nikanor companies with mining assets in the DRC and ‘some of the Major Shareholders’ have been ‘subject to criticism from a number of NGOs’ which included lack of transparency in the process by which the assets were awarded, the absence of public tendering and a joint venture agreement ‘unreasonably favourable to the Group and that as a result Gécamines [the DRC’s state-owned mining company] has not received proper consideration for valuable assets with a resulting detrimental effect on the economy of the DRC”(RAID, P: 22 ,2017).

Another DRC Agreement – Camrose transaction:

“The DOJ refers to ‘a $124 million convertible loan through a subsidiary company and AGC to Company B, a DRC Partner-controlled shell entity, funded in or about and between April and October 2008 (the “Convertible Loan Agreement”)’.121 Under the heading ‘C. Corrupt Takeover of DRC Mining Company’” (…) “the SEC Order states: Also in April 2008, Och-Ziff caused AGC I to enter into an approximately $124 million convertible loan with a holding company affiliated with DRC Partner. The stated uses of these funds were threefold: first, to provide DRC Partner with approximately $15 million to purchase a Congolese entity that had acquired the rights to a valuable mining asset in the DRC (the longstanding asset of a Canadian mining company) through an ex parte default judgment in the DRC that resulted in judicial misconduct proceedings; second, to provide DRC Partner with approximately $100 million to purchase a majority stake in that Canadian mining company in exchange for resolving its legal issues; and third, to advance an additional $9 million to be used for future mining operations in the DRC” (RAID, P: 26, 2017). “The transaction gave Och-Ziff control over what assets could be bought or sold by the entity, equity conversion rights into DRC Partner’s entity, a pledged interest in the shares of the Congolese entity, and a right to future deals with DRC Partner in the DRC. Moreover, the transaction gave DRC Partner complete discretion over how to use approximately $24 million of the funds provided by Och-Ziff. Further, Och-Ziff understood this transaction was part of a broader, ongoing partnership with DRC Partner. Finally, both Och-Ziff Employee A and Och-Ziff Employee B knew that DRC Partner was going to use a portion of the funds to pay bribes, and knew that the transaction was structured to accomplish that goal. This knowledge was not shared with others within Och-Ziff or with outside counsel” (RAID, P: 27, 2017).

drc-business

Camrose II:

“A 50% interest in Société Minière de Kabolela et Kipese Sprl (‘SMKK’) was acquired on 9 November 2009 as part of the CAMEC acquisition….In 2009 the Group acquired an option, for a cash consideration of US$25 million, to purchase the outstanding 50% of the issued share capital of SMKK by acquiring the entire issued share capital of Emerald Star Enterprises Limited (‘ESEL’), (an entity controlled by the Gertler family trust), the owner of the outstanding 50% of SMKK. The Group exercised this option and the acquisition of ESEL was effectively completed and control obtained by the Group in June 2010. The total cash consideration in respect of the outstanding SMKK shares, inclusive of the US$25 million option, amounted to US$75 million” (…) “Throughout the period of DRC Partner’s acquisition of Kolwezi Tailings and SMKK, DRC Partner continued to make corrupt payments to DRC Official 2. For example, on or about December 23, 2009, DRC Partner delivered $1 million to DRC Official 2; on or about January 5, 2010, DRC Partner delivered $2 million to DRC Official 2” (…) “On or about August 20, 2010, Mining Company 1 acquired 50.5 percent of Company B. Mining Company I agreed to pay up to $575 million over two years, including $50 million in cash. Och-Ziff Employee 3 and Och-Ziff Employee 5 were informed by a co-conspirator that the $50 million was for DRC Partner to “use on the ground” to corruptly acquire Kolwezi Tailings. As part of the deal, Mining Company 1 guaranteed repayment of the Convertible Loan Agreement through a novation of the loan” (RAID, P: 30-31, 2017).

Camrose Resources Limited, BVI company number: 1055983, incorporated in the British Virgin Islands on 9 October 2006. “ (…) ”124 According to the company website: ‘The Fleurette Group is comprised of various businesses organized under Fleurette Properties Ltd., a company established in 2006 for the benefit of the Gertler Family Trust.’ (<http://fleurettegroup.com/&gt;). A press release attributed to Fleurette Properties Limited states: ‘The Fleurette Group of Companies is a Dutch-resident group of companies whose primary activities are the investment in, exploration, exploitation and development of mining assets in Africa. The parent company of the group is called Fleurette Properties Limited, which is owned by Line Trust Corporation Limited strictly and solely on behalf of the Ashdale Settlement, a trust established in 2006 for the benefit of the family of Dan Gertler.’” (RAID, P: 58, 2017).

“Camrose is described as holding indirect interests in five copper and cobalt exploitation licences in DRC, including a 70% interest, via the Highwind Group, in Metalkol Sarl, which ENRC states as owning ‘the tailings exploitation licence covering the Kolwezi Tailings Site (otherwise known as the Kingamyambo Musonoi Tailings, or “KMT”) (PER 652)’. See ENRC plc, ‘Acquisition of 50.5% of the Shares of Camrose Resources Limited’, op. cit” (RAID, P: 59, 2017).

UK gives Concent to Camrose transaction:

“Consent for the Camrose transaction was therefore sought from the UK authorities, consent that was clearly forthcoming. ENRC sought to prevent publication of media reports relating to the SAR: 101Reporters has published not only the SAR, but also the letter it received from ENRC’s lawyers, which stated: ‘you will respect the public interest in maintaining the confidentiality in SARs and remove that aspect from your article.’” (RAID, P: 33, 2017). “There is a permissive pathway by which mines and minerals from zones of conflict and weak governance are transferred to companies trading on AIM who, in turn, through a process of acquisition, transfer these tainted assets to companies in the premium segment of the main market. This process can only be described as asset laundering. Certain of ENRC’s Congolese and Zimbabwean assets, at the heart of the SFO criminal investigation, were derived from the acquisition of AIM-traded Central African Mining and Exploration Company Limited (CAMEC), which was allowed to flourish unchecked on the junior market, despite a myriad of compliance issues that have never been addressed by AIM Regulation” (RAID, P: 34, 2017).

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Zimbabwe Platinum deal:

“On 11 April 2008, CAMEC announced the acquisition of an interest in platinum mining assets in Zimbabwe via its acquisition of 100% of Lefever Finance Ltd, registered in the British Virgin Islands.209 Lefever owned 60% of Todal Mining (Private) Limited, a Zimbabwean company, which held the rights to the Bougai and Kironde claims south west of the city of Gweru in Zimbabwe. 210 The remaining 40% of Todal was held by the Zimbabwe Mining Development Corporation (‘ZMDC’), wholly owned by the Government of Zimbabwe” (…) “…The consideration paid for Lefever was a cash payment of US$5 million and the issue of 215,000,000 new CAMEC ordinary shares. CAMEC’s announcement of the acquisition stated:211 ‘Furthermore, CAMEC has agreed to advance to Lefever an amount of US$100 million by way of loan to enable Lefever to comply with its contractual obligations to the Government of the Republic of Zimbabwe. Repayment to Lefever is to be made from the ZMDC’s share of dividends from Todal.’” (…) “According to the company’s own 11 April news release announcing the Zimbabwean platinum deal, CAMEC advanced the $100 million loan to Lefever to enable it ‘to comply with its contractual obligations to the Government of the Republic of Zimbabwe “ (PAID, P: 38, 2017).

“Och-Ziff had control over divesting from CAMEC after the platinum deal was announced (Mugabe and senior Zimbabwean government figures were already designated under US sanctions) or after the designation of both the Zimbabwe Mining Development Corporation (ZMDC – CAMEC’s state-controlled partner in the platinum venture) and Billy Rautenbach, later described by the US as a ‘Mugabe crony’. Och-Ziff, however, held onto its CAMEC shares into 2009, selling its remaining holding only when ENRC acquired CAMEC in November of that year” (RAID, P: 41, 2017).

Important Notes:

Africa Management is referred to in the Memorandum of Association of Camrose Resources: ‘…Africa Management Limited, a company incorporated in Guernsey with registered number 47651 and whose registered office is at Ogier House, St Julian’s Avenue, St. Peter Port.’ (See Memorandum and Articles of Association of Camrose Resources Limited, Incorporated 9 October 2006, Amendment registered in this 20th day of November 2008, Memorandum of Association, 10 Definitions and Interpretation, 10.1, “Africa Management Limited”)” (RAID, P: 55, 2017).

Mail&Guardian graphic about how Tokyo Sexwale investing in Gertler corporations.
Mail&Guardian graphic about how Tokyo Sexwale investing in Gertler corporations.

That this company Och-Ziff and their subsidiaries are handling their business in this way is not acceptable, the way they are catering to corrupt government officials and stifling the citizens of the nations they are earing fortunes. These corporate-stooges are writing-off dozens of nations desirable taxes and regulated levies on businesses. As they are bribing both high-level like Alphe Conde who accepts the deals in Guinea, as well as friends of Joseph Kabila in Democratic Republic of Congo, even getting Tokyo Sexwale the former minister of ANC in South Africa to be parts of their network. These levels of bribing and usage of political connection to get resources and takeover companies with ownership of licences of profitable mines, proves the graft and bribe that occurs to secure extravagant luxury for the government officials that are accepting these deals.

The Och-Ziff are using these subsidiaries and corporations to money laundering or tax-exempt them to gain more profits on the mining in the nations. Certainly done with the leadership knowledge and showed their employee tactics to bribe and secure the transactions and ownership of profitable mines. That is certainly the reason for these sophisticated business-models, that enrichen the corporate leadership and gives government officials giant envelopes to give away nations vital resources. These well-planned well-crafted companies that uses all kind of loopholes and ways to escape the punishment for their breaching of international and national law to salvage as much profit as possible.

The long-term effect is certainly that the Guinean, Congolese and Zimbabwean government get less tax on the dollar as the corporate leadership pays them directly a smaller fee, than actually paying the legitimate taxation for their operation and their owned businesses. These actions shouldn’t be in the wind, it should be in the public and be addressed, even send the corporate leadership and government officials should answer to the public thievery as the minerals are taken without proper legal rights because of the fraud, secondly the corporate and the government officials are implicated in the thievery and should be sanctioned by courts and under the rule of law. Third the corporations themselves should lose the licence and the mining operations as they got them without proper procedure and there is invalid. They should also be fined and get banned from working in this nations or the corporations with these corporate bosses that are acting for them to gain this default destructive profits. Peace.

Reference:

Rights and Accountability in Development (RAID) – ‘‘Bribery in its purest form’: Och-Ziff, asset laundering and the London connection’ January 2017

U.S. Congress does not want investigation to “go dark” when coming to encrypted data, co-op between private and federal agencies is needed; the Year-End Report claims!

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As the House in Congress together with Encryption Working Group, which are different senators from all spectre of the House; they are coming from two parts of the House that are working in the Committee on Energy and Commerce & Committee on the Judiciary. They are here working on the public and private sphere, on the matter on encrypted data can be open and closed. These are because the companies can close the data for the investigation of the security organization. Something that can be hard and needed data to figure out the needed intelligence that the authority’s needs, but still the privacy of the citizens and also company secrets can go away if these encrypted data is uncovered. Therefore the working group to try to find a position on this hard conundrum!

“On February 16, 2016, a federal magistrate judge in the U.S. District Court for the Central District of California issued an order requiring Apple, Inc. to assist the Federal Bureau of Investigation (FBI) in obtaining encrypted data off of an iPhone related to a 2015 shooting in San Bernardino, California. Apple resisted the order. This particular case was resolved when the FBI pursued a different method to access the data stored on the device. But the case, and the heated rhetoric exchanged by parties on all sides, reignited a decades-old debate about government access to encrypted data” (…) “The law enforcement community often refers to their challenge in this context as “going dark.” In essence, “going dark” refers to advancements in technology that leave law enforcement and the national security community unable to obtain certain forms of evidence” (EWG, P: 2, 2016).

“Congress should not weaken this vital technology because doing so works against the national interest. However, it should not ignore and must address the legitimate concerns of the law enforcement and intelligence communities” (EWG, P: 4, 2016).

Data cross boarders:

“Data flows with little regard for national borders. Many of the private companies that met with the working group have a multinational presence and are subject to the laws of many different jurisdictions. Several of these companies noted a trend towards data localization requirements in foreign countries, driven at least in part by the difficulty in obtaining data for use in routine criminal investigations. Conversely, current legal authorities may be inadequate for federal agencies attempting to access data overseas” (EWG, P: 5, 2016).

The challenge of improving law enforcement access to encryption depends on a multitude of factors. Federal law enforcement agencies like the FBI and the United States Secret Service face obvious challenges from the growing use of strong encryption. Although federal law enforcement agencies told the EWG that they encourage the use of encryption for the protection of sensitive information—including data retained by the federal government—they cite the increased use of encryption by suspected criminals and victims of crime as a severe challenge to their public safety mission” (EWG, P: 6, 2016).

“Public perception and recent tensions notwithstanding, there is already substantial cooperation between the private sector and law enforcement. Private company stakeholders demonstrated an ability to assist federal, state, and local agencies with access to information to the extent possible and with service of a lawful order, and expressed a willingness to explore ways to improve and enhance that collaboration” (EWG, P: 7, 2016).

“Exploring tools that might help companies clarify what information is already available to law enforcement officers, and under what circumstances” (…) “§ Examining federal warrant procedures to determine whether they can be made more efficient, consistent with current constitutional standards” (…) “§ Examining federal warrant procedures to ensure that they are clear and consistent with respect to law enforcement access to digital information” (…) “§ Examining how law enforcement can better utilize existing investigative tools” (EWG, P: 9, 2016).

“Although much of the debate has focused on requiring third party companies to decrypt information for the government, an alternative approach might involve compelling decryption by the individual consumers of these products. On a case-by-case basis, with proper court process, requiring an individual to provide a passcode or thumbprint to unlock a device could assist law enforcement in obtaining critical evidence without undermining the security or privacy of the broader population” (EWG, P: 12, 2016).

“Encryption is inexorably tied to our national interests. It is a safeguard for our personal secrets and economic prosperity. It helps to prevent crime and protect national security. The widespread use of encryption technologies also complicates the missions of the law enforcement and intelligence communities. As described in this report, those complications cannot be ignored. This is the reality of modern society. We must strive to find common ground in our collective responsibility: to prevent crime, protect national security, and provide the best possible conditions for peace and prosperity” (EWG, P: 13, 2016).

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When it comes to data encryption there will be hardships as the multi-national companies are not following borders, neither is this just about privacy, certain parts of the lawful “hacking” is breaching the codes and copyrights of technology for multi-national companies. These are with the example of Apple, who wouldn’t accept that FBI decoded their Iphone in February 2016. Certainly this question and the encryption of data will be a continued problem for authorities, security organizations and also civilians who want’s their privacy kept secret and not all in the open.

The fear that Big Brother can see everything and can connect into everything we have is worry, as much as it is that the companies we consumers has bought products can get all of information and data should also concern us; as much as it if the Security organizations could monitor every action and get hold of all our data. This will be a continued problem as the privacy, the need to unlock privacy terms and the use of National Security to keep an eye on the public sphere.

As long as the security organization can unlock when they need, but not to violate or even use the enforcement in ways where they can trespass into the data for the sense of security. U.S. enforcement shall be in regard for public safety, but shall also secure the privacy of innocent civilians, as much as copyright and encrypted data of giant corporations. Therefore the clear case-to-case work has to be done in corporation between security organization and also private companies, as they together can secure National Security and also the lives of innocent civilians. These are codes of conduct that needs to be clear, the indication of proper work and also co-op that the investigation needs to partake. Peace.

Reference:

Encryption Working Group – ‘Encryption Working Group Year-End Report’ (December 20, 2016)