



SABC: Resignation letter of Managing Director Rachel Kalidass (15.11.2017)










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.


In Gauteng High Court in Pretoria on the 21st September judge H.J. Fabricus dismissed the applications made by Oakbay and other Gupta owned Companies who had an injunction and a case against the Bank of Baroda. Since they closed and terminated their relationship with the Companies in question. This here is really putting the legal precedence on the reason why they we’re legally allowed to do. Even as the Bank of Baroda has given notice to the 20 Companies that was involved in the lawsuit against the bank and its practices.
Clearly, the Courts are not in the opinion of the President. Since he can easily be used the Gupta family and their companies. That is why the ruling of Fabricus is even stating the problems of the Gupta owned business. This should be well-known, it should be put in print and the ones trading with them. Should know their reputation and their worry. That is the reason for Bank of Baroda ceasing to have them as their clients and the companies connected to them.
“Irrespective of whether negative publicity about the client is true, a bank is fully entitled to terminate the relationship with a client that has a bad reputation. I may repeat that in this case, as in the Bredenkamp decision, the bank did not seek to rely on the factual accuracy of the relevant reports, but merely on the particular reputation of its clients” (From the Defense Argument of Bank of Baroda).
This here proves there reason with the wish for departure of the negative publicity, which they have gotten since they we’re connected with the Gupta Companies. That is well-known and their deals are all in the midst of public eye. It is the reason for the troubles of the President and his Party. Since they are using the connection and the family of the President are hired into the companies. This sort of thing, doesn’t make for sound and good business practice. Therefore another argument is really stabbing the case of Gupta and gives reason for the dismissal of the application they made to the court.
“In addition, the fact that the largest banks in South Africa and other firms chose to terminate the relationship with the Applicants in 2016 ought to have provided a clear indication that the Bank of Baroda would also consider the option. On this basis it was simply not correct for the Applicants to assert that the 6 July 2017 termination notice came out of the blue. I have of course also kept in mind in this context that the Applicants did not file a Reply Affidavit giving their version of these assertions of the Bank” (From the Court Ruling, 21.09.2017).
This here really says it all, as the Bank of Baroda followed procedure and took their time, before they gave notice to the Gupta Companies, they clearly, seen other companies and banks doing similar acts. Their desperation is now obvious as they will hold the bank in contempt for their ill-advised financial activity and ill-gained fortunes on the state coffers. Therefore, they are basing their argument on being handled badly, while the Bank actually did what they could to salvage their reputation and not be connected with corrupt regime.
The ruling is also focused on the FICA rules for banking institutions in South Africa, a law that is important for the Bank of Baroda. That the rules are important to monitor “Business relationships or transactions that impose a high risk of facilitating money laundering” and also “the proceeds of any unlawful activity or money laundering activity”. All of this are things that could be put on the Gupta Family and their Companies, as the President and his click is known for corrupt behavior. That would put the Bank in risk of dealing with a high risk client. That is why the bank sent them a termination notice. Since they didn’t want to risk being associated with a high risk client(s). As it is also written in the Court ruling: “It was said that the these heightened duties serve an important purpose in that, given the position and influence held by the PEP’s, there was a heightened risk that they may engage in transactions designed to conceal unlawful transactions and the misappropriation of public funds”. This is really giving in this case, as the Gupta Family and their Coal Industry agreements alone could be put into this category. On that reason alone and with the knowledge of these transactions, that could punish the Bank for knowingly accepting this behavior in their system. They could be sanctioned by the state for their misgivings. That gives the Bank of Baroda further reason for their termination notice.
Furthermore, the Gupta Companies has in the recent months before the termination done dozens of red flagged transactions mounting to R4.25 Billion, which the bank already filed to FIC. Other Banks has terminated the Gupta’s for similar reasons, these being State Bank of India, Bank of India, Standard Bank and ABSA Bank. All of these has terminated their relationship with Gupta Family and Companies. Therefore, the reasons for Bank of Baroda is all there.
So since the Bank of Baroda want to “preserve the integrity of the established financial system and the Rule of Law”, the case was dismissed and the applicants, the Gupta Family didn’t get their “Interim-Interim” agreement with the Bank. Certainly, the are scraping for a good and trustworthy place to have their accounts and transactions. As their businesses has been scrutinized and also openly shown. Therefore, the knowledge of their capacity to act with ill-intent and not accordingly to the law. Is well-known and not just hearsay, its well established as well. So the Bank of Baroda, the 16 staffed business and bank can live on their own. They can be the Bank they want to be, without being forced to deal with the Gupta Family, the Gupta businesses and the red-flagged transactions of these individuals. Peace.

The state of Capture Report of 2016 revealed a lot, but as the days go by the familiar state of connection between the Zuma Administration, the ANC and their bedfellows Gupta’s, are so close that the use of the word ‘Grand Corruption’ is to weak. It isn’t just cases anymore, the whole system seems partly corrupted and controlled from business and into departments that issues government contracts. This all gives profits and good contracts to mates and business-partners instead of getting the best deal for the money on the tax-payers money.
Therefore, that the KPMG scandal shows the possible troubles with the coal-deals done with the state, between Gupta Companies and their trading. As the Executives and Chairmen of the board resigning today. Proves the influence and the problematic relationship between the state and the Oakbay Resources. If it wasn’t so, the audits and the reports from South African Revenue Service (SARS) and their ‘Rouge Unit’ look into the wealth created by KPMG wouldn’t be as hectic as it is now.
Every single piece of the transactions and revelation in the Gupta involvement within the Coal Industry, has clearly showed the massive undertaking and the steps done by the ANC to accept the corrupt acts of the corporation. It is not like anything else can be said after years of new drip-drops of knowledge. To look away and say it is nothing. That is to be ignorant and directly close you eyes as the money are bent and shifted in darkness, while the traders hope the public doesn’t get a whiff of the transactions and agreements. Now that they have, the reports and the trying to silence it proves it.
Just like the government tried to stop the ‘State of Capture’, the way they never wanted the people to know what was in the Denton’s report, they don’t want SARS or Pravin Gordhan to deliver the news. They want it in silence, because they know the firepower in the report of the Rogue Unit! If not, the KPMG would have had so many people resigned over the tax issues considering the trades of Oakbay, as said in their own report:
“KPMG South Africa provided limited transaction support services to the Guptas in connection with their interest in acquiring the Optimum Coal Mine (OCM) from Glencore. These services included approaching Glencore to express interest in acquiring OCM, and subsequently assisting with early negotiations with the Business Rescue Practitioners appointed by Glencore. The firm also built a financial model reflecting assumptions to assist in the development of a purchase price offer” (KPMG, 15.09.2017).
And you know the KPMG know of their guilt, when they do this: “Given the failure to appropriately apply our own risk management and quality controls, that part of the report which refers to conclusions,
recommendations and legal opinions should no longer be relied upon. KPMG South Africa has contacted SARS and offered to repay the R23 million fee received for the extensive work performed, or to make a donation for the same amount to charity” (KPMG, 15.09.2017).
So the KPMG has acted wrong and not paid their taxes, secondly not acting righteous with their audting, as the Eskom, Oakbay and Glencore deal was in dire need of justification and of trustworthy values, as the core delivery of coal and the profits being raised for the private on the state reserves, this as the Gupta family and the ANC accepting the massive breaches, as the audit was initially rubber-stamping the agreement and giving it valid grounds.
Clearly, the KPMG scandal isn’t just another corrupt agreement, it is another peel of the onion. The more we peel, the more the system is crying. The more people is implicated and the deeper dig. Shows the systematic and procedures done to secure the transaction in favor of Zuma and the Gupta’s. Not for the greater good of South Africa. That is really disrespecting the Republic and it’s government. Peace.


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/


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.