South Africa: Time to account for crippling the state (01.11.2016)

Mandela Quote

South African citizens across the land are speaking out and taking action to express their dissatisfaction. The Nelson Mandela Foundation supports the demand to hold to account those responsible for compromising our democratic state and looting its resources.

Twenty years since Nelson Mandela signed South Africa’s Constitution into law and as the third anniversary of his passing approaches, it is painful for us at the Nelson Mandela Foundation to bear witness to the wheels coming off the vehicle of our state.

We have seen a weakening of critical institutions such as the South African Revenue Service, the National Prosecuting Authority and law enforcement bodies due to political meddling for private interests.

We are reaping the results of a political trend of personalising matters of state around a single individual leader. This in a constitutional democracy is to be deplored.

The ability and commitment of the Head of State to be a ‘constitutional being’, is one of the wheels of our state. The unanimous judgment of the Constitutional Court of the Republic in the matter of President Zuma and the use of state resources on a private residence was one such test. It is increasingly a national consensus that he has failed the test.

As this particular wheel rolls away, other critical institutions of state break off to follow it. The legislative, business, and public service sectors of the country are severely affected, compromising the ability of the state to serve the people. A battle now rages to keep SARS attached to the vehicle of state. What public discourse has described as ‘state capture’ by private and political interests is, we believe, a real threat to the Republic.

Another wheel is an accessible and well-functioning education system. Arguably this wheel has never been fully attached, but the failures of the last two decades threaten that it rolls away. Schools, in our view, particularly those in townships and rural areas, have largely been captured to political interests and have deteriorated to unimaginable levels. And now universities are being brought to their knees as they lurch from crisis to crisis while a semblance of normality is enforced under what are effectively states of emergency. This is not sustainable for any education system. The potential collapse of universities will damage our democracy to its core.

We call on the governing party to take the steps necessary to ensure that the vehicle of state be protected and placed in safe and capable hands. And we join the call for a national convention of stakeholders to begin to reimagine South Africa’s future beyond the unsustainable stresses of the moment.

Written Press Statement by the Nelson Mandela Foundation

Eritrea: UN Commission has urged referral to the International Criminal Court (28.10.2016)

Eritrea 25yrs

The Commission has concluded that the Government of Eritrea has neither the political will nor the institutional capacity to prosecute the crimes we have documented.

GENEVA, Switzerland, October 28, 2016 – States must heed the pleas of countless victims of crimes against humanity for justice and accountability, Sheila Keetharuth of the former UN Commission of Inquiry on human rights in Eritrea urged the UN General Assembly today. The Commission has recommended that the situation in Eritrea be referred to the International Criminal Court.

Speaking for the Commission of Inquiry, Keetharuth, who is also UN Special Rapporteur on the situation of human rights in Eritrea, highlighted the Commission’s clear findings that crimes against humanity have been committed since 1991 by Eritrean officials, adding that such a dire assessment left no room for “business as usual” in the international community’s engagement with the Government of Eritrea.

“The crimes of enslavement, imprisonment, enforced disappearances, torture, other inhumane acts, persecution, rape and murder have been committed as part of a widespread and systematic campaign against the civilian population. The aim of the campaign has been to maintain control over the population and perpetuate the leadership’s rule in Eritrea,” Keetharuth told the UN General Assembly.

“The Commission has concluded that the Government of Eritrea has neither the political will nor the institutional capacity to prosecute the crimes we have documented. The Commission therefore recommends that the UN Security Council refer the situation in Eritrea to the prosecutor of the International Criminal Court and that the African Union establish an accountability mechanism.”

“My plea to you, Excellencies, on behalf of the three members of the former Commission of Inquiry on Human Rights in Eritrea, Mike Smith, Victor Dankwa and myself, is for you to pay heed to voices of victims of crimes against humanity in Eritrea.”

Keetharuth said the Commission had found that there was no material change in the country that could potentially have a positive effect on the situation of human rights.

“There is still no constitution, no parliament where laws are discussed, enacted, and where questions of national importance are debated; indefinite national service persists, with its adverse impacts on individual rights; there is no free press and no NGOs, except for Government-sponsored ones. The population lives in fear and the Government still controls their daily life, making the enjoyment of all human rights and fundamental freedoms by all Eritreans a remote possibility,” she said.

She noted that while several foreign delegations, journalists and others had been invited to visit Eritrea over the past year, the rampant human rights violations taking place in isolated locations and detention facilities were not apparent to the casual visitor.

Keetharuth noted that Eritreans were among the largest numbers of African nationals seeking asylum in Europe and that the overall recognition rate for Eritrean asylum seekers in European countries remained high.

“The findings of the Commission underscore that it is not safe to forcibly return those who have left Eritrea. The Commission, in its first report, documented that individuals forcibly repatriated, with a few exceptions, have been arrested, detained and subjected to ill-treatment and torture,” she said.

“I appeal to Member States to grant Eritreans access to their territory and asylum procedures. I strongly reiterate my call to protect all Eritrean asylum-seekers from refoulement and to refrain from any forced repatriation to Eritrea or to third countries where they may still be at risk or unwelcomed.”

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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South Africa’s Zuma asks court to stop release of watchdog’s graft probe results (Youtube-Clip)

“South African President Jacob Zuma has asked the courts to prevent the release of the findings of a probe into alleged political interference. Public Protector Thuli Madonsela is expected to announce her preliminary findings from an investigation into the Guptas, a controversial family with close ties to Zuma. They’re accused of using their relationship with the president to influence Cabinet appointments. Madonsela’s report can’t be released until the court has ruled on Zuma’s request. Many locals have expressed their disappointment with the president’s actions, saying the interdict is suspicious” (CCTV Africa, 2016)

South Africa: Economic Freedom Fighters Statement on Recent Political Developments (13.10.2016)

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Opinion: The reason for the silence of the LoP Kiiza; As the MPs want to secure a lavish lifestyle until death

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It’s one of those days I say kudos to the men of Forum for Democratic Change – Youth (FDC-Y) wanted the sacking of Hon. Winnie Kiiza and her position as the Leader of Opposition (LoP). I am amused and amazed that it happens over money and the lavish lifestyle. The escalating funds and extended add-ons of expensive SUVs and Caskets when their imminent death conspire and their lives expires.

Well, that is a good cause, but the FDC Youth should have reacted to the day she went into office of Leaders of Opposition and joined the company of under the Movement and their Executive. That should been a battle-cry, but there we’re none just a silent approach where the trailing election and rigging where validated by the appointment of the Cabinet and the Shadow one.

So that today the FDC-Y decided to counter and ask for axing her today is a bit late. Hon. Winnie Kiiza and the FDC National Executive Committee (FDC-NEC) wouldn’t sack or change the Shadow Cabinet just months after arrival unless there an internal-coup in the party as there in the United Kingdom in the Labour Party where you either against Jeremy Corbyn or Owen Smith. The FDC is not Labour, but there have to be similar acts towards the MPs and he hardliners in the party to dissolve the Shadow Cabinet of today.

So the reason for her silence she is already an accomplice with the fellow MPs who wish the lavish lifestyle and become honourable overnight. The reality of the matter as long as the LoP and Shadow Cabinet is there, the 10th Parliament is in effect and the day-to-day business of the National Assembly will go. So the idea of the LoP to be sacked and change will matter is pointless.

Kiiza Article Daily Monitor

The FDC Youth shouldn’t get the LoP sacked; they should get the whole Shadow Cabinet discontinued and stop validation of the National Resistance Movement (NRM) that is what the FDC-Y should propose in this matter. The monies and advantages of the MPs will raise so sky high the Jupiter. The riches and wealth of the MPs will continue to surge as the level of impunity and little care for service deliver is there in the shallow halls of Parliament.

I admire the FDC Youth stance, as I have the same for the reckless spending of taxpayer’s monies on the already insulting wealthy salaries and other beneficiary programs for the MPs. So the poverty of the government institutions as schools and hospitals should been the main target of the funds and not SUVs for the newly elected men and woman. Alas, that is the case and the Youth are right with their anger.

The Movement are only interested in their selfish interests of their sole elite and their demands. Sometimes they will give monies to the needed and projects of government, but that will be merely a charade of dishonest approach as the Executive gives out pocket-change while he eats fortunes for supper. This is what the FDC should work against and not accept in Parliament. The MPs are just showing their disregard of the people and their work. This indecency of the representatives deserves to be demonstrated against and sought to stop. But to think that the utter words of somebody who validated the rigged election of 2016; than think again!

The FDC Youth shouldn’t sack Hon. Kiiza for her silence on the indecent behaviour of the representatives. The Youths should have reacted to the FDC NEC getting her the gig in the National Assembly in the first place. Her silence is because she cannot go too far in her criticism because she has already altered her motives and ambition to suit the captors of power.

She will be as strong and weak towards the Movement as the Hon. Beti Kamya of UFA. The spine of character has already shown as the where no problems for sending over a dozen of MPs to the Seminar in the United States or the shutdown of Parliament for a week for all the ones travelling so far. There we’re no quarrel in the matter. This proves that Hon. Kiiza is already part of the problem and the get-rich-quick click of Parliament. There isn’t any evidence of otherwise as the suggestions of a possible strong opposition there are dwindling. There are certain men and woman there still, but there far apart as Hon. Frank Mwijukye is one of them. Still, he is a part of losing end and Hon. Kiiza helps him to lose!

Hon. Francis Mwijukye said: "Today I visited Karungu government secondary in Karungu subcounty- Buhweju district where I found students studying under very disturbing circumstances" (Mwijukye, 25.06.2016)
Hon. Francis Mwijukye said: “Today I visited Karungu government secondary in Karungu subcounty- Buhweju district where I found students studying under very disturbing circumstances” (Mwijukye, 25.06.2016)

Kudos to the FDC-Y for their action and approach, but the gates is closed unless they want to marginalize the Parliament and not just take a bold stance against their own. That I and many doesn’t’ validate the LoP or her Cabinet is becomes of the dissolution decision to support the Movement by becoming it! So the losing end where already taken when the token and signs where made to the Speaker Kadaga and Deputy Speaker Oulanyah earlier this year.

Now, the time has come for the FDC-Y to either to take the stance of NRM Poor Youth. Try to disembark from the NRM during the Campaign period to the Go-Forward. If not, they can be a nuisance to their mother party… that will not generate the needed extra youthful idealistic force that either can excel a party or can muster the needed grass-root progress that it needs. The FDC-Y needs to show with their ideas and actions that they want to counter the FDC NEC now and their acts of validating the Movement. Not only by axing fellow Hon. Kiiza, but get them to axe the Shadow cabinet! If they do so and asks for that, than they will create empty space in parliament and also question the election that were. Defy and prove the Campaign of Defiance of Dr. Kizza Besigye worthy! Peace.

Press Statement: “The Proposed Be The Change is extremely disappointed and appalled at the Fiji police decision to detain members of the opposition parties” (10.09.2016)

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The Proposed Be The Change is extremely disappointed and appalled at the Fiji police decision to detain members of the opposition parties and a civil society representative for merely excising their rights to freedom of expression.

Biman Prasad, Sitiveni Rabuka, Tupeni Baba, Attar Singh, and Jone Dakuvula’s arrest is unwarranted and unconstitutional, and oozes of bullying tactics employed to shut down opposing voices.

The five have been arrested for allegedly attending a Constitution Forum organized by Pacific Dialogue Forum this week and not having the permit to do so. This comes after police shut down a meeting organized by Dialogue Fiji, ironically on constitution day that guarantees freedom of expression.

In July 2014, the attorney general himself had declared that, public permits were no longer required for meetings as long as they were not on a public road, in public parks, playgrounds, or arenas.

None of these meeting were held in a public arena, yet authorities have taken drastic steps to shut it down, to an extent that police have searched homes and offices of the detainees, confiscating Mr Prasad’s laptop.

This is igniting fear and suppression in the public at large, impinges on the right to freedom of expression and association and goes against the values of genuine democracy.

We condemn this very undemocratic and controlling move by the police and appeal to the authorities to release the five people with dignity and respect.

The Proposed Be The Change stands in solidarity with the detained members.
—- ENDS

My letter to the Minister for Ethics and Integrity Hon. Rev. Simon Lokodo on his current affairs

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Oslo, 17th August 2016

Dear Honourable Simon Lokodo, the right reverend father and now Minister for Ethics and Integrity. I write because of your intent of making the country with cleanliness and righteous in religious, sexually and all of personal matters. I am sure the ones eating snot in Parliament will soon get fine or have to wash themselves in holy-water after preliminary hearings at the humble halls you are now one part of.

Your actions and your decrees have been in the public spotlight ever since Dr. Stella Nyanzi undressed herself as an action of getting her stuff and position back after a political firing of her; because of faith in the Forum for Democratic Change and their Presidential Candidate Dr. Kizza Besigye. The advisory to your current boss, whom you are underling to President Yoweri Kaguta Museveni; I think you already knew that, but some who read might not know that.

Simon, Simon, Simon; hear ye, hear ye! Eh! The ways of getting machinery to stop nudeness and sexual explicit content or might revealing behaviour on Television and Online sounds more like KGB, MI6 or CIA; even the FinFisher Software of the Special Investigation Unit in Kireka should be sufficient if somebody watch or subscribe to naughtiness somewhere on the dark-side of the internet. The spider-webs and the extent of content as it is legal anywhere else, not anywhere, but there aren’t State Organizations under Ethics Boards that follows all citizens to make sure of their behaviour. That the ‘Ministerium für Staatssicherheit’ or hte Ministry for State Security (MfS) of the Soviet Republic of East German followed all their citizens and had spies anywhere to make sure of no dissidents or actions against the communist state. Is that what you are seeking Reverend Lodoko?

Simon, Simon, Simon; hear ye, hear ye! You are going after the LGBTQ community in Uganda sending the police after them after a planned Pride Event at a Club in Kampala during the early of August 2016. Not that I am giant fan of their ways, the LGBTQ, I still am democratic in the sense they can do what they please as long as it doesn’t hurt anybody or they go do their thing everywhere. Just like I prefer not going downtown and seeing teenagers screwing each at the mall or like the knowledge of students screwing their sugar-daddies at the offices; supposed to write on the offices and do business instead laying pipe. That should be more worrying that students do that to get the funds for the student-fees, than the LGBTQ having a Pride event at a Club. But that is just me, check the Campus Bee page Mr. Minister and you might not need the expensive machine to see the madness. You should also talk with Honourable Janet Museveni to fix the funding of these Student-fees and such so the scholarship makes these female student doesn’t need to hook to read books. That should worry the Ministry of Ethics more than explicit content online or the Gay’s doing their thing.

Hear Ye! Hear Ye! Honourable Minister Reverend Simon Lokodo, you are not making this easy as you attack and undermine anybody who is not you. You might think that is wise, but in the end nobody can do anything in the Republic without begging for mercy by one of the Civil Servants in their area. Than everything can become questionable and will by the time the government look into it; have an ability to create malicious and destructive for the moral manner of society. So NTV Uganda, UBC and kind of radio station will be seen to broadcasting or distributing ethical and moral content that can be set under question. Therefore any kind of writing with certain content will also be disarmed and banned as the sensitization of society happens, but also moral tyranny where the certain elite and such paternalistically describes to their citizens as children with no moral backbone. Is that you Hon. Lokodo?

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Are you the paternalistically on society and wants to shield from everything, than soon the citizens cannot do anything. The censorship of media houses and citizens will be staggering as the state has to have more than a monitoring machine as the spies and the whistle-blowers will be hurried to give intelligence to the Commissions who follow these acts of fellow citizens. Do you want a snitching society like the East Germany of 1960s? Is that your final goal Hon. Lodoko as the guilty in your mind are anybody with a working libido and anybody who shows or explicitly explain sexuality in text. Isn’t that true Mr. Simon?

Should you be nicknamed Honourable Reverend Simon “Uwe” Lokodo? Or am I wrong.

Best regards from the Writer of this humble blog.