RSA: Alleged relationship between D.Van Rooyen and Gupta’s before appointment to be Finance Minister (30.10.2016)

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“In a reply to a DA Parliamentary question, Minister of Cooperative Governance and Traditional Affairs (CoGTA), Des van Rooyen, denied visiting the Gupta’s compound in Saxonwold in the run up to his disastrous appointment as Finance Minister. Yet, reports today indicate that van Rooyen met with the Gupta’s at their residence not once but seven times. Clearly he was misleading in his reply and in so doing he has contravened the Executive Ethics Code. We will now report van Rooyen to the Public Protector, Adv Busisiwe Mkhwebane, for this violation of the act. The DA will not allow a Minister to get away with misleading Parliament and the people of South Africa” (DA, 30.10.2016).

“Details in today’s Sunday Times indicate that Des van Rooyen’s appointment as Minister of CoGTA may have been part of a longer term plan to allow Gupta-linked companies to gain access to the more than R400 billion in municipal expenditure. It is also reported that van Rooyen met with the Gupta’s at their residence in Saxonwold not once but seven times in the run up to his disastrous appointment as Finance Minister. These latest allegations further demonstrate that the minister is little more than a puppet whose strings are pulled to allow access to state funds for the benefit of Zuma and his cronies. We will be submitting parliamentary questions to the Minister to determine the nature of his relationship with the Gupta’s and whether he in fact did meet with them in the week prior to his appointment as Minister of Finance. We will not permit South Africa’s municipalities to be looted by the Gupta’s or the ANC!” (Mmusi Maimane, 30.10.2016).

RSA: Confidential for External Proactive use only – Barloworld Equipment clears dispute with OCM (27.10.2016)

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Our brave New World Order… Is too leave the ICC

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“Why is UN not paying much attention to member states that are clearly sliding into turmoil and crisis and instead is majorly involved in the after effects of Humanitarian assistance. It doesn’t make sense. We can’t wait until it’s too.”Francis Mwijukye [35th Inter Parliamentary Union- Geneva: High level United Nations Management committee Meeting on Development assistance, Humanitarian assistance, peace keeping operations and Mormative treaty related knowledge, 26.10.2016]

We are living in a brave new world where the world order is switching… its twists and turns, the morning dew disappears and the sun kisses the earth yet again. The last few days the world has changed. Because Nations and States have made decisions that matters; they are not only talking, but now they are acting on it.

The International Criminal Court (ICC) of The Hague is under fire. After Burundi, South Africa and Gambia are thinking of pulling out of the International Court that access the genocides and crimes against humanity.

With the escalated conflicts, the stories of lives doing whatever they can flee nations, this is happening from the internal conflict inside Burundi, Burundians refugees are now in Tanzania, Rwanda and in the Democratic Republic of Congo. This because the President Pierre Nkurunziza decided to stay in power for a third term; when the Constitution of Burundi said the Executive only could have two!

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The same with the internal fighting between SPLM/A VS. SPLM/A-IO in South Sudan; where there is battle of power between President Salva Kiir and former FVP Dr. Riek Machar. Because of the conflict in South Sudan the civilian refugees have fled to Democratic Republic of Congo, Uganda and Ethiopia. Now MONUSCO got SPLM/A-IO and Dr. Machar from the DRC to Khartoum earlier this year.

In Kenya this is happening: while the Somali Refugees are now being sent home from Kenya under the command of the government there. This happening while opposition in all of the countries mentioned has optionally torturing, arresting, detaining and even harassing them if needed be. The Kenyan Government using the fear of Al-Shabaab to send the refugees away and also hustle more donor-funding from the United States. That happens because the Jubilee apparently didn’t’ earn enough coins on NYS, Eurobonds or whatever scheme they had in play at the time.

In this New World order that is arranged while the Government are using their Security Organizations to silence opposition. While the Nation with the African Union (AU) Headquarters and are the leader of the Intergovernmental Authority on Development (IGAD), the Ethiopian Government even uses helicopters, artillery and soldiers to kill civilians in the regions of Amhara and Oromo people. This is a Nation who has soldiers in Peacekeeping mission all around the Continent, but using all kind of force to oppress their own.

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So in this place and time with more totalitarian regimes, with more leaders not leaving offices and with less political freedom; the International Justice is winding down. The rule of law internationally right now is losing its power, while the United Nation’s negations and diplomatic missions like the Inter-Burundian Dialogue under former Tanzanian President Benjamin Mpaka hasn’t gone anywhere. While the dialogue between UN’s own Edem Kodjo hasn’t created anything resembling a General Election run by the CENI in the DRC. That is because President Joseph Kabila has no plan of leaving office without using force on his own. This is happening while the bloodshed continues in the Kivu’s, while the MONUSCO and FARDC watching it in silence. ADF-NALU and the Mayi-Mayi continues as well together with the Ex-FARDC Gen. Muhindo  Akili Mundos has also blood on his hands. This is happening while the Rwandan State still can export high-grade minerals that they cannot even produce or has mines to extract on their soil. This has been happening since the first war in the late 1990s.

So the New World Order is more of the same… the same kind of violence, the other change is the new brave leaders who defy the International Order. They don’t want to follow it when they feel it is unfair. United Nations (UN) might be next or the World Trade Organization (WTO) or the World Health Organization (WHO). As they might respect the International Monetary Fund (IMF) or the World Bank (World Bank) because they need their financial stability or the financial stimulus that backs the budgets and aspects the government needs to pay their elites, businesses and whatever it takes to keep the regimes a-float.

This is the grand issues… the human rights violations, killings and detentions… so the Presidents and their Administrations are now afraid of the ICC. They are worried that their actions be served by the Court and they have to answer for their crimes. Doesn’t matter if this court exists or not; the UN should put up Tribunals after the Internal Conflicts like they done in the past. Than it is not direct prosecutions or charges that the ICC has put on Executives or any in the inner-circle of ruling regimes as they know their using illegal forces to silence their people and citizens. Though the feelings from African Nations that they are feeling threaten by the ICC and their actions as they are not going-in on Europeans or Americans in general, while African Generals and Politicians are hand-picked.

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I’m just waiting for the honourable nations of Morocco, Mauritania, Egypt, Sudan, Somalia, Republic of Congo, Mozambique, Angola, Zimbabwe, Lesotho, Swaziland, Togo, Guinea, and Equatorial Guinea, and so on… There are more that will make decisions to leave, as even Cote d’Ivoire might revoke their place.

There are fears on the horizon, the ICC is losing its standing, the international community better listen as the men who are greedy on power and resources take it in these days by any means and hope to get away with it, while their people suffer. The only differences at our time are that information is not forgotten or not told. It’s there for those who listen; time to consider and rethink the World Order and where we want to be. Peace.

Botswana: Statement on the Withdrawal of South Africa from the Rome Statute of the International Criminal Court (ICC) – (25.10.2016)

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Statement attributable to the Spokesman for the Secretary-General on South Africa’s withdrawal from the International Criminal Court (25.10.2016)

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The Secretary-General believes that the International Criminal Court is central to global efforts to end impunity and prevent conflict.

NEW YORK, United States of America, October 25, 2016 – The Secretary-General regrets the decision of the South African Government to withdraw from the Rome Statute of the International Criminal Court. He recalls the significant role played by South Africa in the establishment of the International Criminal Court, including as one of the first signatories of the Rome Statute. He hopes South Africa will reconsider its decision before its withdrawal takes effect.

The Secretary-General believes that the International Criminal Court is central to global efforts to end impunity and prevent conflict. He is confident that Member States will continue to further strengthen the Court, thus helping deter future atrocities across the globe. He also hopes that States that may have concerns regarding the functioning of the Court seek to resolve these matters in the Assembly of States Parties to the Rome Statute.

Canada deeply troubled by South Africa’s announcement‎ to withdraw from International Criminal Court (24.10.2016)

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OTTAWA, Canada, October 24, 2016 – The Honourable Stéphane Dion, Minister of Foreign Affairs, today issued the following statement:

“Canada is deeply troubled by South Africa’s announcement that it has submitted a notice of withdrawal from the International Criminal Court to the United Nations Secretary-General.

South Africa played an important role in the development of the court, and we recognize its past efforts to end impunity for the most serious international crimes. We also remember the words of Nelson Mandela in 1998, when South Africa joined the court:

Our own continent has suffered enough horrors emanating from the inhumanity of human beings towards human beings. Who knows, many of these might not have occurred, or at least been minimized, had there been an effectively functioning International Criminal Court.

All victims, including African victims, have a right to justice. The ongoing contributions of African states in support of the court are invaluable to make this justice a reality.

That steadfast support is more important than ever today; we urge South Africa to reconsider. The International Criminal Court cannot be abandoned because it may not be perfect. Our answer must rather be to improve and strengthen it.

We must not forget the thousands of children, women and men who have been victims of unimaginable atrocities and for whom the International Criminal Court, as a court of last resort, offers the only hope of justice.”

Declaration by the High Representative on behalf of the European Union on South Africa and Burundi and the International Criminal Court (24.10.2016)

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The EU and its Member States remain staunch supporters of the ICC and are committed to full co-operation on the prevention of serious crimes falling under the jurisdiction of the Court.

BRUSSELS, Belgium, October 24, 2016 – The European Union deeply regrets the Republic of South Africa’s decision to initiate its withdrawal from the Rome Statute. We equally note with deep concern that Burundi has formalised steps to withdraw from the Rome Statute. Until now, no State has ever withdrawn from the Rome Statute. 

South Africa played a significant role in the establishment of the ICC and was one of the first signatories of the Rome Statue. We will continue to engage with both countries on how they can remain partners to the Rome Statute.

The International Criminal Court (ICC) is a key institution to assist citizens achieve justice when confronted with the most serious crimes, where this is not possible at the national level. A majority of African situations were submitted by the national authorities concerned. The Court is also involved in situations all over the world.

We all have a shared interest in strengthening the rule of law and working together with the ICC, including along the lines suggested by the President of the Rome Statute’s Assembly of States Parties.

The EU and its Member States remain staunch supporters of the ICC and are committed to full co-operation on the prevention of serious crimes falling under the jurisdiction of the Court. Where concerns are raised within the framework of the Rome Statute, we remain open for constructive discussion.

RSA: Oakbay Responds to Application by Minister of Finance (19.10.2016)

Pravin Gordhan Rescue

JOHANNESBURG, South Africa, October 19, 2016 Yesterday afternoon, van Der Merwe Associates (“VDMA”) notified the Minister of Finance’s attorneys of their client’s (the Oakbay Group of companies) (www.OakbayInvestments.co.za) intention to oppose the application issued under case number 80978/16 on 14 October 2016 – unless the Minister of Finance withdraws the application and tenders costs by this afternoon – Wednesday 19 October.

VDMA’s letter noted that the Minister of Finance’s affidavit implicated its clients in inappropriate and unlawful conduct. The affidavit also insinuated that VDMA’s clients would “expose the fiscus not only to loss of tax revenue but also put the burden of mining rehabilitation on the fiscus.” which VDMA noted was “uncalled for, malicious and nothing but vexatious.”

VDMA’s client disproved this earlier this week with evidence of the transfer of the Optimum Rehabilitation Trust Fund from Standard Bank to Bank of Baroda, which followed a request by Advocate Thuli Madonsela on 4 October 2016.

VDMA advised its client to oppose the Minister of Finance’s application, obtain all the necessary information from the relevant role players and ask for punitive costs order against dismissal of the application.

VDMA’s letter also stated that the Minister of Finance’s letter has been launched with the financial resources of the tax payer. VDMA’s client does not dispute that Minister of Finance’s is not by law compelled or obliged to intervene in the relationship between VDMA’s clients and the commercial banks. However, VDMA noted that to spend tax payers’ money in “a reckless and inappropriate manner” would constitute a contravention of the provisions of the Public Management Act, No.1 of 1999 – which would warrant “further action against those officials responsible for same.”

Furthermore, VDMA noted that:

“In order that we do not expose the fiscus unnecessarily to costs we propose that the application be withdrawn” – that the Minister of Finance’s application is withdrawn and that the Minister of Finance’s tenders VDMA’s client’s costs, before close of business on 19 October 2016.

VDMA reiterated that the purpose of its letter was to offer the Minister of Finance the opportunity to save taxpayers money.

VDMA also noted that its clients “would like” to put their formal version before court since the Minister of Finance has chosen that forum, so if the application is not withdrawn then “the matter must proceed and we will gladly do the necessary in order to restore the misrepresentation created by the papers.”

VDMA concluded its letter by noting that the Minister of Finance had made “defamatory and untrue remarks towards members of the Gupta Family by insinuating that they have been involved in inappropriate conduct” and that “their rights remain strictly reserved.”

This morning, attorneys for the Minister of Finance declined the offer to withdraw the application and tender COSTs.

RSA: The State Versus Oupa Magashula, Visvanathan (Ivan) Pillay and Pravin Gordhan (17.10.2016)

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Ajay Gupta and Oakbay Investments Delighted with Affidavit from Pravin Gordhan (18.10.2016)

Two and Half Gupta

JOHANNESBURG, South Africa, October 18, 2016 – Gupta Family lawyer, Van Der Merwe Associates, releases a statement on behalf of Mr. Ajay Gupta and Oakbay Investments (www.OakbayInvestments.co.za) in response to the affidavit from Pravin Gordhan.

Highlights include:

  • The Gupta Family (as majority shareholders) and Oakbay Investments are delighted to have been cited as respondents to the application from the Finance Minister. At last, the Gupta Family and Oakbay can begin to formally clear their names. They thank him for this opportunity
  • The Finance Minister’s application is being considered by lawyers for the Gupta Family and Oakbay and will be dealt with in full – each and every entry
    • Six transactions (totalling R4,096 billion) refer to the Optimum mine before it was under Oakbay’s control and so were not transacted by Oakbay or the Family
    • 24 transactions (totalling R325 million) are perfectly legitimate, are in the normal course of business and are not suspicious in any way
    • Five transactions (totalling R1,698 billion) relate to Oakbay Resources and Energy, the listed entity. These are perfectly legitimate and all information is being supplied to its auditor, SizweNtsalubaGobodo, for review
    • Another 20 vaguely refer to ‘multiple transactions’ that makes any further analysis impossible without further detail from the Finance Minister
    • The remaining 17 transactions (totalling R719 million) were also all for legitimate purposes and are absolutely not suspicious. We will disclose these transactions in full, once the full analysis has been completed
    • All of the 72 transactions were approved and cleared by the respective banks processing the transactions
    • The fact that all transactions were approved is acknowledged in the attachment to Minister Gordhan’s application‎, in the form of a signed letter from the Deputy Governor of the Reserve Bank
    • None of the transactions related to Oakbay or the Family, which are over a five year period,  were flagged to the FIC as suspicious. To put this in context, the FIC’s own 2015-16 Annual Report showed that 98,054 transactions in that year alone were flagged as suspicious by the banks (i.e. STRs)
    • One of the largest transactions flagged in Minister Gordhan’s application was the transfer of the Optimum Rehabilitation Trust’s Account (over R1.3 billion) from Standard Bank to the Bank of Baroda. Yesterday, we proved this was bona fide and approved by all relevant authorities (pdf attached). The transfer occurred because all of Oakbay’s accounts were being closed
    • Whilst we thoroughly welcome this application, it is undiluted nonsense and appears to be little more than the usual political games

    To reiterate, we are delighted to have received this application. The truth always comes out in the end and we look forward to clearing our name in court.

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