Tag: Constitution of South Africa
EFF Statement on the Firing of Tom Moyane (02.11.2018)
Opinion: People should never underestimate Malema!
This shouldn’t be news, but there was many doubters to the Economic Freedom Fighters (EFF) and the party itself created by the former African National Congress Youth Leader Julius Malema. The one with the biggest fallout and also helped the rise of former Jacob Zuma. This man shouldn’t be underestimated. Because who else can speak of economic inequality and still be known for wearing Louis Vuitton from head to toe.
Its been know how Malema uses words and garn people’s attention, how he has build grassroot organizations and also been active in politics since forever. He was a key supporter and helper of Zuma, even made sure the Unions was on Zuma’s side at some point. However, that love was lost. Malema was suspended and never could return to the party.
That didn’t stop Malema who has become a bigger figure and one of the top leaders in the South African politics. Him and Mmusi Maimane is the future of politics, both on different branches, but still they have their place.
Malema will speak of the state organized and get state controlled over the mineral resource, nationalizations, the saving of the land and take back what was taken by the colonizers and apartheid. Malema will really fight for those causes, in a tone that is in stark contrast to plenty. Some will be afraid, but others should look to it as an aspect of needed voices in the midst of poverty. There aren’t everyone who will stand-up for the left behind in the townships, but Malema will.
Even if Malema himself is the political elite and wealthier than most. Still, his message differ from that, the way he speaks economics and policies in general. It is based on the matter of liberation and freedom of the masses, while getting more state control and less of the ones who is looting the riches of the Republic. That is where Malema is, not that everyone can accept that. But the need for the narrative is there, as he has gained his following and been able to build a viable party.
They might look like red colorful brigade in the Parliament, the National Assembly wouldn’t be the same without the people Malema has around him. The EFF Party has shown what they are capable of and the leadership of Malema makes sense. He proven that in ANC and ANCYL especially. Therefore, the ones surprised that EFF turned 5 years. Has forgotten his methods and his ways as leader there.
They wouldn’t think he would build a foundation and loyalty, also continue to work on the base of supporters and spread his message? That is what Malema has done. Even if you don’t agree with him. You got to be impressed. It takes time to build a party and he has achieved a lot since being kicked out of ANC. No one can deny him that.
Therefore, never ever, ever, ever think of underestimating Malema. He is not for the short-con, he is for the long-con, if not he is for the cause and the principals. He might sound like big buffoon doing so, but don’t misjudge him. That he will use to undress you and your stances. Malema is coming, all of us don’t know how, but he will come.
Either with blazing guns, with revolutionary tales, if not a Louis Vuitton belt and suit shining like a Prince. Who knows, but don’t let his appearance fool you, he something up his sleeve. Peace.
A Soldier of Fortune: Zuma is finally indicted on 16 Counts of Criminal Activity!
It is interesting, that after a decade of getting away from the Courts, having the African National Congress (ANC) holding his hands and singing kumbaya around the burning fire. Before dwelling, this is by all means about the laid charges on former South African President Jacob Zuma. Whose had has his scandals in the years as President, and since he has stepped down. The backers has left the building, the banks and the business has broken down. If there ever was a house of cards, the supporting team and the business associations with Zuma is a proof of the need of the Executive to do business in South Africa in the Zuma Era. Nothing else is more evident than the fall of the Gupta owned enterprises and the sudden need for Business Rescue. The ones that are losing on all of this, has been the citizens and the state in general. Since the Gupta’s and Zuma’s has eaten of the plate and left breadcrumbs for the citizens. Now it might be changes, as the evident charges are proving.
This is happening for a man, that for ten years stifled the courts, and the cost came up to about 15 million Rands. It proves the extent of ill-will and ill-intent from the President. How he could use his position and navigate to get wealth while being in office. Nothing was happening, because of his backers and appointments was in his grace. While the Gupta’s could foot the bills and shower him with gifts. It was the good old days, where the Executive Branch of Government could use the State Owned Enterprises as Personal Goodie-Bag for the Gupta Owned Companies and earn a handsome profit. But since resigning and handing it over to Cyril Ramaphosa, the tides has changed, it is proven with the charge sheet. I will take the most brazen parts of it. To prove how ill it was.
Zuma is accused of:
“In terms of section 136 of the (final) Constitution accused 1 may not have- (c) used his position or any information entrusted to him, to enrich himself or improperly benefit any other person” (P:13, 2018).
He got 16 Counts against him. This being fraud, racketeering and corruption. This is serious allegations, but nor surprising in the sense of Zuma. He could surely have dozens more, but then you need the evidence and the witnesses to the affairs. This might implicate people who are still in office. That is the danger, that is maybe why these charges have come with these businesses and not others. But that is mere speculations, but worth noting.
Nkandla madness:
“Accused 1* needed funds to pay for the development of his traditional residential village estate at Nkandla in rural northern KZN. Plans for the development were dated March 2000. The development commenced in approximately July 2000. The final tender amount agreed to was R1 340 000 (after the development was commenced with). The development was finalized during March 2001. Various arrangements were made during the construction and subsequently to provide finance on accused 1’s behalf. At no stage during construction and thereafter has accused 1 been able to settle the outstanding
amount or obtain finance without the intervention and assistance of third parties, including arrangements for payment through Shaik in accordance with the agreement to disguise payments to accused 1 described above” (P: 26, 2018).
* Jacob Zuma.
Again, he used government funds to build Nkandla. It is Achilles heel, it always returns, therefore, the scandals evolving the home in Kwa-Zulu Natal is really damaging his legacy, as it is proven hornets nest of trouble and stinging him. The former President really didn’t cover his tracks, even in the years before he became the Executive. But that was known of and this case is digging into old dirt. Therefore, referring to cases, which todays ANC wasn’t directly involved in or the leadership has already become ANC Stalwarts.
“IN THAT during the period 25 October 1995 to 1 July 2005 and at or near Durban in the district of Durban, Shaik and/or the other entities mentioned in the preamble unlawfully and corruptly gave and/or offered and/or agreed to give the abovementioned service and/or facility benefits, which were not legally due, to accused 1*, upon whom the powers had been conferred and/or who had the duties as set out in the preamble, with the intention to influence accused 1 to commit and/or omit to do any act in relation to his powers and/or duties to further the interests of Shaik and/or the entities associated with Shaik and/or the Thomson-CSF group and/or accused 2 and/or accused 3 as set out in the preamble and/or with the intention to reward accused 1 because he so acted in excess of such powers or any neglect of such duties, as set out in the preamble” (P: 52-53, 2018).
* Jacob Zuma.
Again, we see how the former President used his position and his well known ideals to get paid extra. To use the connection of state to get benefits and facilitation’s that wasn’t within his role. The Company and Business People connected with him and paid him to get special interests and make sure to get government contracts. So both parties would benefit from the fraud and the bribes. Dual victory of the agreement made.
If you really want to understand the deal and the charges put on Zuma, also on his business associates in this matter. You would be wise to read the book called ‘After the Party’ by Andrew Feinstein, which was published in 2010. It gives you insights into it, that shows the magnificent tale in itself. This is years ago, but still viable and therefore, this skeleton out of the closet has been released. There are dozens of counts and charges that could be put of fresher scandals, but the State has decided to go for an older corruption case. Clearly, signaling it could be more in the future. Because this isn’t even involved with the investors of the Gupta family. Peace.
Mmusi Maimane: “Zuma loses, South Africa wins” (13.10.2017)
Finally, after almost a decade of ducking and diving, and squandering millions of rands of public money on his own legal fees, President Jacob Zuma will now face 783 charges of corruption, fraud and racketeering for stealing the people’s money.
The Democratic Alliance (DA) welcomes the judgment handed down by the Supreme Court of Appeal (SCA) this morning, which flatly rejected President Jacob Zuma’s appeal of the 2016 North Gauteng High Court ruling that set aside the decision to drop these charges eight and a half years ago. The court found that the decision to drop these charges was borne from undue political considerations and, therefore, irrational.
Today’s judgment is a win for justice, the rule of law, and for South Africa. Jacob Zuma will not defeat the ends of justice. The law applies to all, regardless of status.
The matter is now straightforward. The charges now stand, and a court of law must hear this matter. If the President is innocent, as he proclaims, he ought to let a trial court decide on his innocence. His actions over the last decade smack of a desperate attempt to avoid this eventuality. These are the actions of a man who knows he has a lot to answer for.
In this light, I will be writing to the National Director of Public Prosecutions, Adv Shaun Abrahams, insisting that Jacob Zuma is served with an indictment and appears in court at the soonest available date. Adv Abrahams must commit to reinstating all 783 charges, and furnish the people of South Africa with a date by which these charges will be processed. Adv Abrahams must give us a response within 10 days. The charges have been formulated and the evidence is ready. We now await a trial date.
We suspect that President Zuma will want to make fresh representations about why charges against him should be dropped. However, this is unnecessary, as he made written and oral representations on why exactly the same charges ought to be dropped back in 2009, and these representations were rejected. We will not stand for Jacob Zuma.
While everyone has the right to approach the courts for relief, the matter at hand is a simple one, and requires no further deliberation. We urge President Zuma to stop wasting public funds through lengthy legal appeals, and to accept the fact that he will stand trial for 783 charges of corruption fraud and racketeering. We estimate that Zuma’s delaying tactics in the courts to date have cost the taxpayers upwards of R30 million. Jacob Zuma must and will be held personally liable and made to pay for wasting valuable financial resources. Zuma must pay back the money he wasted.
This matter has been ongoing since 6 April 2009, when then Acting National Director of Public Prosecutions (NDPP), Adv Moketedi Mpshe, announced that the National Prosecuting Authority (NPA) would be discontinuing the prosecution of Jacob Zuma on 783 charges of corruption, fraud, money-laundering and racketeering. The next day, the DA launched a review application in the Gauteng North High Court to review and set aside this decision on the grounds that it was manifestly irrational and therefore illegal.
This now presents Adv Abrahams a golden opportunity to show his independence and proceed with this prosecution as planned, and give Jacob Zuma a court date.
The DA has always maintained that the President may not be guilty but that he have his day in court as is consistent with the Rule of Law and due process. The President himself has stated on numerous occasions that he wants his day in court.
In the absence of any legitimate factual or legal reasons, the DA is led to believe that these charges were dropped for political purposes: a political solution needed to be found to drop charges against a person who was about to become President, and the Spy Tapes provided the convenient excuse that has now been set aside.
President Zuma hypocritical spells out ANC Constitution to ANC Rebels over ‘No Confidence’ Vote; Mr. President himself has not followed the provisions himself!
It is special that the President Jacob Zuma is caring about the African National Congress Party Constitution, when he clearly struggles to control his own party and his own government from senselessly looting and corrupt behavior from taking state owned companies with contracts to ANC connected investor families. It is ironic and weird, that he uses the misconduct part of the constitution to say he will discipline them. While he with more corruption counts, than I can remember, has to talk about justice and law is weird. Zuma is not the right guy to do so!
Still he said this yesterday:
““You decide to use your conscience. Unheard of, you were sent there [to Parliament] by the ANC,” said Zuma of those in the ANC benches who sided with the opposition” (…) ““The ANC was put into serious disrepute on August 8,” said the president. Reading out sections of the ANC’s constitution before asking the audience what must be done, Zuma said: “A serious offence shall be committed by any member acting on behalf or in collaboration with a political organisation or party other than an organisation or party in an alliance with the ANC.” (…) ““You must act,” said some in the crowd when he told them the recommendation for such behaviour was disciplinary procedures” (Madia, 2017).
So that President Zuma was quoting the article 25.17.12 of the is very strange, that this is his comfort zone, since in the Act of Misconduct, 25.17, there are enough places to himself in. It doesn’t take a lot of thinking or even considering his own behavior before finding respectable offenses he has done to party. He is literally throwing stones in a glass house.
Because within common-sense and reason, Mr. President, Jacob Zuma has broken the misconduct articles of ANC Constitution:
First: “25.17.1 Conviction in a court of law and being sentenced to a term of imprisonment without the option of a fine, for any serious non-political offence”. Mr. President, himself was at one point in different courts of law for the misuse of public homes will building the Nkandla Village Project, with the firepool and the local hospital. This offense to the state, he had to repay parts of the building back to the state and did so. Therefore, just by my reckoning, he has breached this one and should go through trial process as protocol by the ANC Party.
Second: “25.17.4 Behaving in a manner or making any utterance which brings or could bring or has the potential to bring or as a consequence thereof brings the ANC into disrepute”. This is very easy, as of the Financial Minister firing of 2015 and the 2017. That has downgraded the economy twice and put the state in junk-statue, clearly brings ANC into disrepute, also the questioning of following party line with the firings or if he just picked-up the phone and had a conversation with his Gupta supporters. Since, the economy has taken a hit by these acts of vile cabinet reshuffle.
Third: “25.17.8 Abuse of elected or employed office in the Organisation or in the State to obtain any direct or indirect undue advantage or enrichment”. Mr. President knows that he has breached this one, with getting family members involved in Oakbay Resources and Oakbay Investments companies, that again has gotten favorable state contracts to sell coal to Eskom and others. Which is not in line with the law of South Africa, neither the ANC Constitution. Therefore, without even trying. I have found three offenses to the President, that the ANC should consider working-on.
I am sure the ANC not going to act upon the President, because it is easier to suspend mere MPs, than get the President under hot water, they are all bowing loyally to him and following his corrupt directions. It seems to be a shell of party, if they do spell the criteria this way, than Zuma is bigger than the ANC. That means the ANC is Zuma, since ZUMA can acts as pleases, but the others has to follow the provisions of the ANC Constitution. He is above them, since he can sanctions others, but the party cannot sanction him. Even if he breaches many of provisions and does not follow the rules of the party. Peace.
Reference:
Madia, Tshidi – ‘Zuma Speaks On The Motion Of No Confidence: ‘The ANC was put into serious disrepute on August 8’ (13.08.2017) link: http://www.huffingtonpost.co.za/2017/08/13/zuma-speaks-on-the-motion-of-no-confidence-the-anc-was-put-int_a_23075866/
EFF Statement on the Outcome of the Motion of No Confidence in Zuma (08.08.2017)
President Zuma “won” the “No Confidence” vote today, but the ANC might have lost its future!
The National Assembly voted on the motion of “No Confidence” and was able to hold a secret votes of it. That was making people unease, since it took a long while for the counting of the Members of Parliament (MPs). Even the Parliamentary Speaker Baleka Mbete didn’t want to vote, unless there was a ties. That did not succeed, so here vote wasn’t needed.
This is the 8th Vote of No Confidence in the President. Who has enough scandals, enough of partnership with foreign investors, enough of misuse of office to be questioned by the Parliament. What was new was the secret ballot. This time the tally was 198 MPs voted against the Motion and 177 MPs vote for it. 16 MPs abstained from voting. Therefore, the Presidency prevails. But it is shattered.
The African National Congress (ANC) are also tearing apart, as there are renegades who voted against the President. It is about 30 MPs who voted “No Confidence” against President Jacob Zuma. Clearly, there are voices and belief internally that he isn’t the godfather and the principal Executive that South Africa should have. However, that minority within own ranks wasn’t big enough to toil the cronies and the loyalist to the Party Line.
The other was expected to vote against the President, if it was COPE, EFF and DA. They were all rallied up and making themselves ready for a fierce battle. The corruption, decadence of disdain against proper governance had to stop. Clearly, that was snuffed away like old tea. The whole ordeal was silenced and the President can bask in glory.
Still, the victory isn’t a real victory, as the ANC and the President are running on a empty tank. No trust, no faith and no policies to show for. The financial trust in the government is lacking, the shuffles of the cabinet and exchange of Finance Minister has downgraded the former booming economy. The secrecy and the agreements between one rich investor family, the Guptas and political family Zuma. Has also lost the trust in the state owned businesses. As they are used to enriches both families.
We can just wonder how long the South African Republic will accept being tarnished and disrespected by the President and his supreme clientele. Needs some Iron Fists and some shaking of the core of the ANC to understand. The arrogance of the ruling party, might be shattered, as the opposition parties was getting more power in the recent locals elections. The faith in ANC should be smoldering on the core, the drainage of cronyism and corruption, should eat the foundation and make the shaky foundation soon collapse. It is just about time at this point and when someone who can either in coalition or within own party blend the loss of faith and make the South Africans believe in “real change” and “true development”. That is what is needed.
The ANC won today, as they have done in recent “no confidence” in the National Assembly, but they also lost today, because they are now proof of their shaky foundation. The lackeys of Zuma can rejoice, but their fate is not sealed. That might be dwindling quicker then they understand. Peace.
ANCYL statement: “Secret of No Secret Ballot: The ANC Remains the Political Centre” (08.08.2017)
The ANC Youth League notes the decision of the Speaker of Parliament regarding the method by which the No Confidence Vote will be conducted. The decision to conduct the vote by secret ballot is consistent with the rules and procedures of parliament and the discretion of the Speaker to determine which method to employ for any given matter before the house.
We remain firm in our belief that that whether by secret ballot or open voting; the political outcomes of the vote must and will be the same. It is only the delusional wishes of the opposition, aided by sensationalist media opinion, that creates a fictitious possibility of a Secret Ballot tilting the political outcomes.
The decision for a Secret Ballot presents an opportunity for ANC Members of Parliament to demonstrate to the opposition and other forces hoping for regime change through a palace coup that our movement will defend its democratic mandate. The outcomes of the secret ballot will reaffirm our confidence on the capacity of members of the movement in different spaces to assert the ANC as the political center.
Ideally, we would have preferred that this be done in full view of the public in order to communicate the important message that our defense of the ANC is not a matter of secret. We would have preferred the open vote because we believe that the commitment to the ANC as the political center is a matter of conscience that we carry openly for everyone to see.
As we have said before, all members of the ANC and democratic forces of South Africa have a revolutionary duty to rise up against these attempts at staging a palace coup. At the forefront of this political programme to defend the democratic majority will be the Members of Parliament deployed by the ANC. They have a duty to assert the right of the popular masses to determine their own fate and leadership against an elite attempt to shortchange democracy.
We are convinced that by the end of the parliamentary session tomorrow, the ANC Members of Parliament would have delivered a clear message to the opposition that they cannot and should not donate their opposition politics to our movement. When Comrade Jacob Zuma is reaffirmed as President of the Republic, the opposition will have to go bury their bruised egos in sand after they are defeated.
Issued by
ANC Youth League
Secretary General
For more information contact
Njabulo Nzuza Mlondi Mkhize
0783476022 0730114676