Polity.org.za Audio Articles

Ahmed Kathrada Foundation executive director Neeshan Balton appeared before the Randburg Magistrate's Court on Friday, in a case relating to the 1989 deaths of two Umkhonto we Sizwe (MK) operatives.

Balton was subpoenaed to answer questions about the deaths of Prakash Napier and Yusuf Akhalwaya, who were killed in a limpet mine explosion, on December 11, 1981, before they could carry out a sabotage attack at Park Station, in Johannesburg. They were accompanied by another MK operative, Jameel Chand.

The court proceedings have been postponed to April 2025.

The Hawks are investigating the circumstances around Napier and Akhalwaya's deaths, including the possibility of murder, following a Truth and Reconciliation Commission report, and believe Balton has crucial information.

Napier and Akhalwaya were members of MK's Ahmed Timol Unit (ATU) and Balton oversaw ATU activities in his role as underground political commander of the Ahmed Kathrada Political-Military Committee in Lenasia, Johannesburg.

Balton had previously answered questions posed to him by investigators, but the Foundation believes these answers were possibly inadequate, resulting in the subpoena.

"The Kathrada Foundation would welcome the possible re-opening of an inquest into the deaths of Comrades Yusuf Akhalwaya and Prakash Napier based on new, reliable, and credible information. At the same time, it must express its serious concerns regarding the manner in which the investigation is being conducted. From the beginning there has been an absence of transparency in terms of the scope of the investigation. It has shifted from a 'preliminary investigation, to cases relating to the Truth and Reconciliation Commission, to the re-opening of an inquest', and finally to 'an alleged offence of murder suspected to have been committed by unknown persons'," it said.

Meanwhile, the Akhalwaya family issued a statement on Friday, following Balton's court appearance.

"As we approach the 35th anniversary of their [Napier and Akhalwaya's] deaths, we are deeply distressed by the recent resurrection of this painful event. While we understand the curiosity and unanswered questions, we implore everyone to approach this matter with sensitivity and compassion. We firmly believe that Prakash and Yusuf perished in an unfortunate accident during a mission. It is important to remember that they had successfully completed numerous missions without incident. To suggest that their deeply trusted comrades were complicit in the deaths, is unfounded," the family said.

Further, the family said it was not informed of any past inquest into the matter and that it did not support the idea.

The Ahmed Kathrada Foundation called the investigation a "fishing expedition" and suggested the possibility of "sinister motives".

"The Kathrada Foundation expresses its full support to its Executive Director, Mr Neeshan Balton, and is proud of his commendable contribution to the liberation struggle in our country," it said.

The National Prosecuting Authority (NPA) announced that it has successfully concluded dispute resolution with McKinsey South Africa, in which McKinsey will pay about R1.1-billion into South Africa's Criminal Assets Recovery Account, owing to the social and economic harm caused by one of its former employees.

McKinsey will also have to assist the Investigating Directorate in its criminal investigations by continuing to hand over any relevant information and materials in its possession.

This resolution follows international cooperation between the NPA and the US Department of Justice (US DOJ), coordinated with US criminal justice processes, which the NPA said had resulted in a settlement agreement confirmed today by a US Federal Court.

"In terms of the Resolution, McKinsey admits, accepts and acknowledges responsibility under South African law for the criminal actions and conduct of Vikas Sagar, who was a former partner of McKinsey, during the relevant period. As a result of Sagar's corrupt actions, McKinsey was awarded contracts with Transnet and Eskom amounting to nearly R2-billion," explained NPA spokesperson Mthunzi Mhaga.

McKinsey has already returned all fees to Transnet and Eskom, with interest.

The NPA's Asset Forfeiture Unit (AFU) has played a key role in facilitating the finalisation of the resolution, with AFU head Deputy National Director of Public Prosecutions Ouma Rabaji-Rasethaba saying this was yet another significant step that took South Africa forward in fighting crime.

"The NPA remains committed not only to prosecuting criminals but also to contributing to the economic recovery of the country through restitution. Corporate alternative dispute resolutions address both mandates of the NPA in a cost-effective impactful way. Such resolutions are a globally recognised and proven crime-fighting method. This strategy is to be embraced as South Africa recovers from the effects of State capture," said Rabaji-Rasethaba.

The resolution also obliges McKinsey to continue investing in its extensive local and international corporate compliance anti-corruption programme to prevent and detect future corrupt practices.

Mhaga highlighted that the programme was modelled on the US DOJ's compliance requirements that include adoption of risk-based controls and data analytics, investing more resources in compliance, and foregrounding compliance in internal assessment-based training, messaging, and company policies.

A dedicated senior compliance official is required to report to the board on compliance matters, and holds significant independence, he added.

Further, the resolution permits the NPA to reopen its investigation concerning McKinsey should it fail to implement the programme, fail to provide the necessary cooperation with the ongoing South African investigations into the relevant conduct referred to in the resolution, or in the event that it provides materially false, incomplete or misleading information to the NPA.

The South African Communist Party (SACP) on Friday expressed displeasure at the "eleventh-hour notification" given to freedom fighter Chris Hani's family on Thursday night, relating to the deportation of Janusz Waluś.

Waluś, a Polish immigrant, had been on parole since 2022, following his conviction and imprisonment for the assassination of SACP secretary-general Hani in 1993.

Government, in a statement on Friday, confirmed the decision to deport Waluś and said the National Commissioner of Correctional Services would formally hand him over to the Department of Home Affairs to carry out the process.

"Today, the 6th December 2024, the parole period of Janus Waluz has come to an end in line with the Constitutional Court decision. Since Janus Waluz (sic) no longer holds any South African enabling documents, the Department of Home Affairs will be deporting him," government said.

The SACP said Waluś's release on parole was a source of anger and disappointment, and it hit out against the Department of Correctional Services.

The party had strongly opposed amnesty and parole for Waluś and his co-accused Clive-Derby Lewis, who had died during medical parole.

The party said, together with Hani's family, it had met with a government delegation led by Deputy President Paul Mashatile and three Ministers on Thursday, where it called for an inquest into Hani's death, saying that without it, justice was incomplete.

Government confirmed that present at the meeting were Mashatile, Minister in the Presidency Khumbudzo Ntshavheni; new Minister of Justice and Constitutional Development Mmamoloko Kubayi; and Minister of Home Affairs Dr Leon Schreiber, to inform the Hani family of the developments.

"While the Hani family and the SACP acknowledged the government's effort to reach out to the family and the party, this was on the eve of the end of the assassin's parole. The meeting occurred at 20:00, a few hours before the assassin's parole ended at midnight. A deportation plan for Waluś, who is neither a South African citizen nor a permanent resident, was already finalised and set to commence the next morning, 6 December 2024. The eleventh-hour notification clearly appeared to be the result of how the Department of Correctional Services, under Minister Dr Pieter Groenewald - leader of the Freedom Front Plus - handled the matter," the SACP said.

The party and the Hani family voiced concerns over the matter and urged Mashatile to provide Cabinet feedback.

Government also acknowledged it received an inquest request from the SACP and the Hani family and said it would be referred to the Department of Justice and Constitutional Development.

"We made it clear: no family of apartheid-era, or other victims should ever be treated in this manner. This was a joint appeal grounded in justice and humanity," the SACP said.

Meanwhile, SACP alliance partner the African National Congress (ANC) welcomed Waluś's deportation to Poland.

"As a nation we cannot live with an assassin in our midst. Your callous act is akin to a sharp knife that plunged our inner being and destroyed the soul of a nation which pinned its hope on Cde Chris Hani. You denied Hani's children a caring father, Cde Limpho [Hani] a loving husband. And the nation a great leader who loved his people above himself," it said.

The ANC added that Waluś's release did not make him innocent.

South Africa's current account deficit was broadly unchanged from the second to the third quarter of this year, staying at 1.0% of gross domestic product (GDP), central bank data showed on Thursday.

In rand terms the current account deficit narrowed to R70.8-billion in July-September, from a revised R75.3-billion in the previous three-month period.

The trade surplus narrowed slightly to R177-billion from R179.5 billion, as the value of goods exported decreased more than that of imports.

"The decrease in the value of exports and imports of goods and services in the third quarter of 2024 reflected both lower volumes and prices," the South African Reserve Bank said in a statement.

The Presidency has clarified a misunderstanding from President Cyril Ramaphosa's opening remarks at the South Africa-Nigeria Bi-National Commission on Tuesday about changes to the visa application process for Nigerian nationals.

The confusion stemmed from Ramaphosa's comments at the eleventh session of the Nigeria-South Africa Bi-National Commission held in Cape Town, that Nigerian tourists did not have to submit their passports when applying for a visa.

At the commission, Ramaphosa stressed the South African government's commitment to facilitating business and leisure visits, thereby promoting increased investment and tourism between the two nations.

In a statement on Thursday, the Presidency clarified that prospective travellers could apply for their visas without submitting their passports along with their applications - at the time of application.

Prospective travellers are only required to submit certified copies of the biopage of their passports, and their actual passports should also be availed during the application process for verification and confirmation.

Once a visa has been approved, they are required to submit their passports for the process to be completed and for the visa to be affixed in the passport, it added.

The Presidency further pointed out that these changes had improved the customer experience while ensuring the security and integrity of the overall visa application process.

In a statement, the Presidency pointed out that South African missions in Nigeria had improved the efficiency and convenience of applying for a visa, as part of the work underway to modernise and streamline visa application processes worldwide.

"This is part of the visa reforms initiated by the South African government to enable economic activities and boost tourism while protecting our national security. The modernisation of the visa application process does not compromise the integrity of the visa system," said the Presidency.

The Democratic Alliance (DA) on Thursday said the investigation into South African Social Security Agency (Sassa) CEO Busisiwe Memela-Khambula must be rapid, and thorough, to avoid wasting millions on her suspension.

Memela-Khambula has been placed on precautionary suspension on full pay pending the outcome of an investigation into her appointment, after issues were raised by the Public Protector.

Social Development Minister Nokuzola Tolashe announced the suspension on Tuesday, saying the decision was prompted by the need to investigate without hindrance or interference.

DA Social Development deputy spokesperson Alexandra Abrahams said the party wanted President Cyril Ramaphosa to proclaim a Special Investigating Unit (SIU) investigation to probe the wide-scale fraud at Sassa, as the Department of Social Development "seems to be out of its depth and slow to action on numerous issues at Sassa".

The party expressed concerns that the Social Relief of Distress Grant (SRD) system remains compromised, with fraudsters continuing to syphon off public funds meant for the poor and vulnerable, while desperate eligible South Africans, who are predominately youth, remain locked out of receiving social assistance.

Abrahams pointed out that Sassa beneficiaries, including SRD recipients, had suffered under the "insensitivity and incompetence" of the suspended CEO.

"…under her watch, Sassa grants are routinely paid late, paid to the wrong persons, or suspended without explanation. Evidence of her intervention into corruption and fraud bleeding Sassa dry; of capacitating Sassa offices and ensuring that their systems are always operational; ensuring that Sassa telephone lines are manned and answered; as well as addressing the long queues, is scant," she said.

Abrahams further pointed out that while many South Africans relied on monthly grants to survive, Memela-Khambula has been suspended with pay.

"The Public Protector's probe jolted the [Social Development] Minister to take action, while the DA has raised concerns on the CEO for years," she added.

In 2020, the DA requested a South African Human Rights Commission (SAHRC) investigation into Memela-Khambula.

In 2021, it requested that the former Social Development Minister Lindiwe Zulu investigate the CEO's alleged links to a nepotism cover-up, her role in irregular appointments, and possible procurement corruption.

"When the former Minister refused to act, the DA approached the Public Protector to investigate, amongst other concerns, former Minister Zulu's failure to implement the Special Investigation Unit recommendation that disciplinary action be taken against several officials, including the CEO, for irregular procurement and distribution of food parcels in the Eastern Cape," said Abrahams.

National Treasury has noted Moody's decision to affirm the country's long-term foreign and local currency debt ratings at Ba2 - otherwise known as non-investment grade or junk status - and maintain a stable outlook.

According to Moody's, while the ratings affirmation reflects South Africa's credit strengths from effective, core institutions such as the judiciary and the central bank, a robust, deep financial sector and a solid external position, it also acknowledges chronic challenges posed by the country's inequalities, which hamper reform progress and fuel social risk, as well as persistent structural constraints on economic growth, and a relatively high and costly debt.

National Treasury said on December 4 that it welcomes Moody's acknowledgment that the Government of National Unity will pursue structural reforms and ease growth bottlenecks.

It said government was pursuing policies to achieve rapid, inclusive and sustainable economic growth, claiming that economic reforms were beginning to bear fruit.

Specifically, it noted that electricity availability had improved and that the logistics system was stabilising, while the cost of doing business was declining in some areas of the economy.

National Treasury also said government was transforming the way it prepared and delivered infrastructure projects.

"It is mobilising private sector resources that will augment public sector capability and provide new channels for financing," the department said.

In the 2024 Medium Term Budget Policy Statement, it was stated that government's growth strategy over the medium term would be anchored by maintaining macroeconomic stability, implementing structural reforms, building State capability, and supporting growth-enhancing public infrastructure investment.

The Democratic Alliance (DA) on Wednesday called for the removal of City of Joburg (CoJ) city manager Floyd Brink after the South Gauteng High Court ruled that his reappointment had been "unconstitutional, unlawful and invalid".

DA Johannesburg caucus leader Belinda Kayser-Echeozonjoku said the court upheld what the party had maintained since Brink's "problematic" tenure began.

The DA challenged Brink's appointment in court after the African National Congress (ANC)/Economic Freedom Fighters (EFF)/ Patriotic Alliance (PA)/ActionSA coalition supported it.

The court ordered that Brink must vacate his office within 10 days.

"Any employment contract or performance contract between the CoJ and now former city manager, Floyd Brink, has been set aside. Not only has his reappointment been set aside and declared unlawful, but Judge Wilson has also awarded the DA costs in this matter," said Kayser-Echeozonjoku.

"In one fell swoop the court has upheld what the DA has maintained since Brink's problematic tenure began - the Doomsday Coalition in the CoJ's illegal and unconstitutional conduct will not stand."

She said the CoJ had received an "expensive education" in the rule of law.

"This, at the cost of residents in the City who are forced to watch their service delivery dilapidate before their eyes, while a broken coalition does everything in their power to protect an inept, and illegally appointed cadre," she said.

"Due to the DA's court challenge for the rule of law, Johannesburg is finally rid of Floyd Brink - someone who presided over large-scale devastation, and previously unknown levels of service delivery collapse. This is an appointee who the City's ANC/ActionSA/EFF/PA executive has been protecting. They have been handed a stunning judicial lesson today: ActionSA/ANC/EFF/PA - you cannot break the law and get away with it," she added.

Political parties have condemned President Cyril Ramaphosa's recent Cabinet reshuffle, in which he moved embattled Justice and Constitutional Development Minister Thembi Simelane to the Human Settlements Ministry.

On Tuesday, Ramaphosa announced immediate national executive changes. There have been persistent calls for Ramaphosa to fire Simelane.

He swapped Human Settlements Minister Mmamoloko Kubayi with Simelane, with each taking over the other's Ministry.

In other moves, Phumzile Mgcina was appointed the Deputy Minister of Mineral and Petroleum Resources. Mgcina has been serving in the national executive as the Deputy Minister of Labour and Employment.

Judith Nemadzinga-Tshabalala was appointed the Deputy Minister of Employment and Labour, having been serving in the national executive as the Deputy Minister of Mineral and Petroleum Resources.

It has been alleged that while serving as the mayor of Polokwane in 2016, Simelane took a loan of R575 600 from Gundo Wealth Solutions, the company that brokered "unlawful" investments of R349-million into VBS Bank on behalf of the Polokwane municipality, amongst others.

Recent news reports show Simelane's alleged lavish lifestyle being seemingly far beyond her means during her tenure as mayor of Polokwane. These allegations come in the wake of unanswered questions regarding her connection to unlawful investments in VBS Mutual Bank also during her tenure as mayor of Polokwane in 2016.

Democratic Alliance (DA) Justice and Constitutional Development spokesperson Advocate Glynnis Breytenbach said Simelane's move to another Ministry was "short-sighted and disrespectful to South Africa".

"While the President has finally addressed the untenable conflict of interest of having a Minister of Justice accused of corruption, his decision to simply move her somewhere else does not address the underlying issue, she stands accused of corruption and is subject to investigations. Human Settlements is a vital department for providing housing to South Africans. It must be led by a credible individual," explained Breytenbach.

She said Ramaphosa was indecisive and insincere in his commitment to fighting corruption.

The DA has since made a Promotion of Access to Information Act request for access to the Simelane's corruption report.

ActionSA rejected Ramaphosa's "last-ditch cowardly" Cabinet reshuffle.

In September, ActionSA filed criminal charges against Simelane with the South African Police Service in Polokwane, relating to her alleged corrupt involvement with a VBS Mutual Bank loan.

"Simply put, if the Minister was deemed no longer fit to serve as Minister of Justice due to allegations of potential corruption and questionable sources of wealth beyond her declared earnings, then surely the President cannot now expect us to believe that she is perfectly suited to lead a critically important portfolio like Human Settlements, overseeing billions of rands," said ActionSA Parliamentary leader Athol Trollip.

He said Ramaphosa had shown South Africans that he "lacked the appetite and fortitude" to break the entrenched culture of unaccountability that continues to plague the country.

"This cowardly move by the President also highlights the fact that his own Phala Phala demons continue to hamstring his actions when it comes to dealing with corruption in his Cabinet," he stated.

The Economic Freedom Fighters (EFF) condemned Ramaphosa's reshuffle as a pointless exercise.

"…this unnecessary musical chairs of corrupt and incompetent Ministers and Deputy Ministers is a blatant misdirection of resources that could be used to deliver basic services such as water, sanitation, healthcare, and education," the EFF said.

"The appointment of individuals with dark clouds hanging over them, such as Thembi Simelane, despite unresolved allegations of corruption linked to VBS Bank, is a clear indication that this reshuffle is not about service delivery or good governance. The DA-ANC government continues to recycle compromised l...

The Democratic Alliance (DA) pointed out that the country's third quarter GDP performance is impetus to urgently accelerate the economic reforms South Africa needs, with ActionSA saying the agriculture and farming sectors appear to have been abandoned by the Government of National Unity (GNU).

South Africa's GDP decreased by 0.3%, following an increase of 0.3% in the second quarter.

The agriculture, forestry and fishing industry decreased by 28.8%, contributing -0.7 of a percentage point to the negative GDP growth. This was primarily owing to decreased economic activities reported for field crops.

The transport, storage and communication industry decreased by 1.6%, contributing -0.1 of a percentage point. Decreased economic activities were reported for land transport and transport support services.

The trade, catering and accommodation industry decreased by 0.4%. Decreased economic activities were reported for wholesale trade, motor trade and food and beverages.

The DA has written to President Cyril Ramaphosa to table the immediate interventions needed, to make possible the right economic reforms for growth.

DA National Spokesperson Willie Aucamp said the party wants action on rail, ports and that the competitive energy market must be accelerated and implemented immediately.

The reform must also look at investment in energy infrastructure projects and water supply infrastructure investment, for water supply security and certainty.

Meanwhile, ActionSA Member of Parliament Alan Beesley pointed out that while government cannot control drought or adverse weather, policy uncertainty and failing infrastructure, poor project management, and lack of extension services are wreaking havoc on the agricultural economy, leaving millions of South Africans jobless and without an income.

Beesley said the GNU has promised "rapid, inclusive, and sustainable growth," however, he highlighted that ActionSA's GNU Performance Tracker showed otherwise.

"To align with developing countries and Sub-Saharan African peers, ActionSA demands a minimum benchmark of 3% annual GDP growth. Anything less leaves South Africans falling further behind," he stated.

He pointed to the country's economic challenges, which he said are daunting but not insurmountable.

"ActionSA remains committed to advancing solutions that foster economic growth, job creation, and prosperity for all South Africans. The time for excuses is over. The GNU must choose progress over stagnation - or risk being remembered as the government that failed its people," added Beesley.