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  • ANC's Mbalula issues stern warning to members engaging in public spats ahead of election
    African National Congress (ANC) secretary-general Fikile Mbalula says party members who fight on public platforms will face disciplinary action, following a week of public spats among ANC leaders.
    Mbalula wrote an internal letter, seen by News24 and dated 9 November, to party members saying that public pronouncements made outside his orders create "communication dissonance".
    He said the party could not afford public fighting before the 2024 general election.
    "During the past two weeks, a number of pronouncements by ANC leaders at various levels, including provinces, leagues and deployees in government, have created perceptions of communication dissonance and an inability, or unwillingness, to stay on message. Of particular concern is the public ventilation of internal organisational or governmental disagreements.
    "This is a matter of serious concern, especially in the context of the build-up to the 2024 national and provincial elections. The NEC [national executive committee] has emphasised - repeatedly - that any differences must be dealt with internally and that 'public spats' must be avoided at all cost," Mbalula said.
    The latest public dispute between ANC leaders was a clash between the ANC in KwaZulu-Natal and the ANC Women's League (ANCWL), the latter which called out ANC KwaZulu-Natal chairperson Siboniso Duma for "blatant sexism" and for undermining Premier Nomusa Dube-Ncube at the Springboks trophy tour last weekend.
    In a statement on Monday, the ANCWL was critical of Duma's behaviour towards the premier, saying it betrayed the party's ideology of gender equality and non-sexism.
    The provincial leadership hit back at the women's league, with ANC KwaZulu-Natal secretary Bheki Mtolo accusing the league of seeking to "liquidate" the ANC in the province.
    This back-and-forth happened on social media and seems to be the basis of Mbalula's worry.
    When he was elected to his post in December 2022, Mbalula came into his role with much bravado, promising to bring back order to the ANC, and has since taken extreme issue with ANC leaders and members who spoke at will to the media about the party's internal problems.
    Mbalula said in December 2022: "The ANC has been conducting its business not like a well-organised machine. You have issues and NEC members that attack the president, you have ANC members that contradict themselves in public, and the membership follows."
    His letter directed members to only raise their disputes internally.
    "The principle of democratic centralism shall guide the communication approach of the ANC and its membership. Members of the ANC or its structures at various levels are encouraged to express dissenting views on any matter or adopted position of the organisation within the internal structures of the ANC. Failure to comply with these directives by the NEC will result in the institution of disciplinary processes in terms of rule 25 of the ANC constitution," Mbalula wrote.
    He included a detailed list of communication protocols which the ANC adopted in 2018. The six-page document says only the party president, secretary-general and spokespersons are mandated to communicate the party's policies.
    "The ANC must speak with one voice across all its structures, including the leagues. Once a higher structure has pronounced on an issue, all lower structures are bound by such pronouncement and may not make statements that are contrary to such a position.
    "Any conduct involving leaking of confidential information shall constitute a violation of this communications protocol and the ANC has a responsibility to deal with this act of misconduct in the same way as it would deal with any act that brings the organisation into disrepute. Any member who leaks or releases information to the media or public without due authorisation or prior approval shall be guilty of misconduct," the document says.
    5 min
  • Concern at ConCourt delays, 'unreliable' online records
    Freedom Under Law (FUL) executive officer Judith February on Thursday expressed concern about reports of delayed judgments and unreliable online records at the Constitutional Court.
    This follows reports by GroundUp concerning the late delivery of judgments by the Court, which February said remained an ongoing concern.
    According to the GroundUp report, of the judgments which have been reserved and subsequently handed down by the court since August 2022, 19 were delivered late in terms of the three-month period contained in the judicial norms and standards, and 10 were delivered late measured by GroundUp's own six-month period.
    The report further notes that four judgments reserved over six months ago remain outstanding.
    February added that it was troubling that the ConCourt's website does not reflect up-to-date and accurate information about the status of cases before the court and judgments delivered.
    As an example of its own accountability and open justice, she stressed that the Constitutional Court must ensure that its online records are up to date and accurate.
    She pointed out that the delays in delivering timeous judgments had beset the South African judiciary at all levels.
    "Whilst we acknowledge that the scale and complexity of cases before the Constitutional Court may sometimes mean judgments are unavoidably delayed, the position revealed by the GroundUp report seems to point to a systemic problem. It is important the court provides a salutary example to the rest of the judiciary by delivering judgments timeously on a consistent basis," February said.
    FUL has urged the leadership of the court "to ensure that these issues are addressed as a matter of urgency, in order to uphold legitimacy of the court, the rule of law and the judiciary itself".
    2 min
  • Mbalula denies involvement in UIF jobs scheme, opens case against accuser
    African National Congress (ANC) secretary-general Fikile Mbalula has filed charges against Thuja Capital CEO Mthunzi Mdwaba for what he calls a "slandering campaign" against him and other Cabinet Ministers after they were accused of trying to solicit bribes related to an Unemployment Insurance Fund (UIF) jobs scheme.
    In a statement Mbalula denies the allegations and has instructed his lawyers to send a letter of demand to Mdwaba and said "should he fail to retract all his malicious and defamatory statements about me, my legal team will approach our courts to compel him and seek appropriate relief".
    The secretary-general is concerned that the allegations not only impugn his family name but also the ANC.
    These allegations surface as the party touts a renewal process ahead of the 2024 elections.
    "In the South African political parlance, it has become too easy to soil one another with the corruption tag. Corruption eats away at the very important gains of democracy, it defers the dreams of the entire nation, black and white," outlined Mbalula.
    He encourages those with evidence of any wrongdoing to come forward "and when they do so we must protect them".
    He says he has never supported corrupt activities and points out that it was he who spoke of a "Gupta problem" in an ANC national executive committee meeting at the time of the scandal.
    "My name will not be associated with corruption. Renewal demands of us to take these allegations seriously to a point where we must not tolerate attempts to make light of corruption," said Mbalula.
    2 min
  • Govt must tighten up public procurement to fight corruption - Raymond Zondo
    Chief Justice Raymond Zondo advised government to "close the taps" in public procurement to effectively fight corruption.
    Zondo was speaking at the National Dialogue on Anti-Corruption, in Johannesburg, where he said that corruption in the country had reached unacceptable levels, and that unless attended to, citizens would not have a country worthy to call home.
    He said most of the corruption in the country was in the public procurement sector, which remained vulnerable to corruption with millions of rands looted every day.
    "If we close the taps in public procurement, we will make a big difference in our fight against corruption," he explained.
    Zondo believes that if the independent and multi-disciplinary Scorpions unit had not been disbanded, there would not be high levels of corruption in South Africa.
    "I have a sense that if the Scorpions were not disbanded, we would not have the level of corruption that we have now in our country," he said.
    WHISTLEBLOWER INCENTIVISATION
    He noted that whistleblowers and investigative journalists had played a crucial role in the work of the Zondo Commission, highlighting from his recommendations that whistleblowers needed to be protected and incentivised.
    Zondo explained that while many people were critical of the recommendation to incentivise whistleblowers, he still believed that whistleblowers should get a percentage of the money recovered.
    He noted that the incentivisation would only apply where money was recovered based on the information disclosed by the whistleblower.
    Zondo said some people countered his recommendation, by arguing that people would only come forward with information for the money and not because it is the right thing to do.
    "…but our level of corruption is so bad that we in South Africa do not have the luxury to say we do not want the information because we have to pay. I want all the information. The critical thing is you will not get money if your disclosure did not play a critical role in recovering the money," he explained.
    Zondo said that citizens had to change the culture of corruption.
    "It might take long time, but we have to. Each and every one of us in our daily interactions, it is how we raise our children, it's at schools, it's at churches, it's everywhere. We must make sure that everyone abhors corruption, that everyone says we should have no corruption in our country," he said.
    3 min
  • UCT crisis: Parliament grills university council over damning report on leadership failures
    The University of Cape Town's (UCT's) council was grilled by Parliament's Higher Education and Training Portfolio Committee following the release of a scathing report into former vice-chancellor Mamokgethi Phakeng's "divisive" leadership at the institution.
    The council briefed the committee following the release of the independent investigation, which found that Phakeng and council chair Babalwa Ngonyama had committed "serious governance failures" by "mendaciously misleading" the university about the resignation of a colleague.
    The new council chairperson, advocate Norman Arendse, told the committee that they were determined to use the report as a road map to guide them toward a future marked by accountability and transparency, as well as a renewed commitment to strengthening the governance of the university.
    "Council has acknowledged that during the period under review, in important respects, it did not exercise its fiduciary responsibilities timeously and that it did not always act in the best interests of the university," Arendse said.
    "Council has acknowledged publicly that had it at the time fulfilled its governance role as required, the events that unfolded and the emotional trauma caused to many individuals could have been avoided."
    Arendse also used the opportunity to publicly apologise to the staff mentioned in the report.
    "Council has publicly indicated its regret for not acting sooner and has apologised unreservedly," he stressed.
    A panel was set up last year following allegations that Ngonyama had supplied false reasons to the UCT senate for the early departure of Professor Lis Lange, who was the deputy vice-chancellor for learning and teaching.
    According to Ngonyama, Lange chose to leave of her own accord for personal reasons, News24 previously reported.
    However, Lange denied this, saying Ngonyama had effectively pushed her out and told her that Phakeng didn't want her to continue as her second in command.
    The report found Lange's departure was a constructive dismissal.
    The 179-page report found Phakeng used race and racial difference as a "weapon" to abuse colleagues.
    It also highlighted the profound repercussions of the breakdown in executive and governance relations.
    Arendse said that, in relation to the individuals implicated in the report, the council was deliberating an appropriate course of action.
    "This will be done in line with UCT policies, procedures, and codes of conduct," he said.
    Committee chairperson Nompendulo Mkhatshwa said: "Whatever has happened here at UCT should be used as a case study to ensure this never happens again."
    Dr Marcia Socikwa, Deputy Director-General in the Department of Higher Education and Training, told the committee that Minister Blade Nzimande would consider the report.
    3 min
  • Holomisa urges S Africans to register to vote to change status quo in 2024
    United Democratic Movement leader Bantu Holomisa has warned South Africans that continued electoral support for the ruling African National Congress (ANC) will further entrench corruption, economic struggles, loadshedding, rising unemployment, inflation and poverty.
    He wrote an open letter to the nation ahead of the November 8 and 9 voter registration weekend, announced by the Independent Electoral Commission (IEC), to encourage eligible voters to register as the 2024 provincial and national elections near.
    Despite rejecting the Multi-Party Charter Pact, Holomisa believes that the upcoming elections "present an opportunity for us to pave a new path, to demand change, and to reclaim the integrity, dignity and prosperity that we deserve" by unseating the ANC.
    He is also appealing to the youth to recognise the strength of group efforts and to engage in the political process as he believes they hold the key to South Africa's successful future.
    "To those who have continuously voted for the status quo, which is the very obvious ANC Comrades in Corruption, I urge you to reflect on the state of our nation. It is clear that the current trajectory is not leading us towards the South Africa we aspire to live in. The perpetuation of the status quo will only further entrench the challenges we face, from corruption to economic struggles, loadshedding, rising unemployment, inflation, and poverty. Your vote holds immense power, and it is imperative that you use it to usher in the change this country so desperately needs," he stressed.
    To the South Africans who don't see the need to vote and who currently make up 15% of eligible voters, according to a recent Ipsos survey, the UDM leader said while he acknowledged their frustrations and anger, he appealed with them to think about the long-term effects of disengaging.
    He said by choosing to abstain they unintentionally contribute to the continuation of the very problems that have stoked their rage by failing to use their right to vote.
    "Your voice matters, and you can influence our country's destiny by taking part in the electoral process," he said.
    Holomisa warned that "if we do not come together in a united cry for change, corruption's rot will only deepen".
    South Africans can register to vote, check their registration status, and change their address by SMSing their ID number (costs R1 per SMS) to 32810. Register online if you're 18 or older: https://registertovote.elections.org.za/Welcome
    3 min
  • Floyd Brink is still Johannesburg's city manager - for now
    Floyd Brink has been thrown a lifeline by the City of Johannesburg, which filed an application for leave to appeal a court finding that his appointment as city manager was unconstitutional, unlawful and invalid.
    An appeal would effectively suspend the finding by Acting Judge Steven Budlender given in the Gauteng High Court in Johannesburg on Tuesday that the way in which the speaker had brought the motion to hire Brink in February was illegal.
    The speaker, Colleen Makhubele, brought an "urgent and exceptional" report to the council on 22 February, which included a complaint by then acting city manager, Brink, about not being considered for the permanent job.
    Matters before council are usually processed by a committee and vetted for legality before being tabled for a sitting. However, the speaker may allow urgent reports to be tabled within the council meeting.
    But Budlender found that the matter was not urgent for reasons that included that Brink had filed his complaint on 16 November 2022 - three months before the resolution was tabled and adopted as a matter of great urgency.
    The Democratic Alliance (DA) used this process as its basis for bringing the matter to court in May.
    The judge gave the City two weeks to find an acting City manager and ordered that the respondents - the City, the council, city manager, mayor and speaker - pay the DA's costs.
    On Wednesday, the City said there were a "number of legal grounds for concern in the High Court judgment, which the City believes an appeal court may decide upon differently".
    This suspends the implementation of the judgment.
    "The City believes it is in the interests of residents that the administrative capacity and stability of the City is defended and insulated from nefarious political interference.
    "The consistent political onslaught and attempts to derail the City's ability to deliver services and improve governance at an administrative level must be frowned upon and acted against," the City stated.
    On Tuesday, Mayor Kabelo Gwamanda said the City would not be "deterred nor distracted, even in this instance".
    "In our attempts to insulate administrative responsibility from political bigotry and in line with our priority of good governance and stabilising the City of Johannesburg, we continue to expect and view these litigious actions with a dim view," Gwamanda added.
    3 min
  • Brink's appointment as Joburg city manager 'unconstitutional, unlawful and invalid'
    The Gauteng High Court in Johannesburg has ruled that Floyd Brink's appointment as city manager was unconstitutional, unlawful and invalid.
    This is in the wake of the Democratic Alliance's (DA's) urgent application to have the decision to appoint him reviewed in May.
    On Tuesday, acting High Court Judge Steven Budlender found that the steps that led to the hiring of Brink were also unconstitutional, unlawful and invalid.
    These included the decision by the council to cancel the advertising of the position, and the decision to authorise Mayor Kabelo Gwamanda to apply "corrective measures pertaining to Mr Brink's [recruitment process]… as a matter of urgency".
    This order has been suspended for 10 days to allow the council to appoint an acting city manager.
    The court ordered that the respondents - the City, the council, city manager, mayor and speaker - pay the DA's costs.
    The Gauteng branch of the DA has welcomed the ruling, calling it a vindication.
    In a statement released shortly after the judgment, the Gauteng DA said Brink's appointment as city manager "has always, and obnoxiously so, been a case of unlawfulness to the DA".
    Allegations of misconduct have marred Brink's tenure.
    The Gauteng DA said the municipal leadership, including Gwamanda and speaker Colleen Makhubele, had "blatantly flouted processes to ensure Brink's deployment".
    "Johannesburg's rot has now been laid bare, and it is a disgrace that a High Court judgement was necessary for the law to be followed."
    It added that the city manager position was "often coveted by those who make themselves guilty of corruption and tender fraud as it is a key role".
    The party said that the "government of local unity" had continued to purge hard working officials to make way for cadres aligned with them.
    "We look forward to bidding Brink farewell, as his tenure in the position has been filled with problematic statements, questionable decisions, and the economic hub of the country literally falling apart."
    It said that the issues in the city would not be solved by simply removing the mayor, but by dissolving the council.
    City spokesperson Virgil James said they would be issuing a statement on the matter later.
    He could not say if the City would appeal the decision, but said that the judgment was clear.
    3 min
  • EFF wants govt to 'completely' sever all relations with Israel
    The Economic Freedom Fighters (EFF) on Tuesday called on government to "completely sever all political and economic relations with Apartheid Israel".
    On Monday, Minister in the Presidency Khumbudzo Ntshavheni announced that Cabinet has decided to recall all South African diplomats from Tel Aviv for consultation.
    This as Israel continues its military assault on Gaza.
    The EFF believes a complete severing of relations with Israel will show South Africa's continued solidarity with Palestine.
    "This is also a step that is long overdue, and one that the EFF has consistently advocated for. However, this move must be made permanent, and should not end with mere consultations. Terminating diplomatic relations with a racist genocidal nation is imperative, especially as a country that has its own painful history of Apartheid," the party said.
    The EFF has called out support for Israel from the "white supremacist, imperialist, power-hungry" US, France, Germany and other Western countries.
    The party claims that Israel has indiscriminately kidnapped, held hostage and tortured innocent Palestinian civilians, bombed hospitals, homes, and even universities in Gaza and the West Bank, with almost 70% of Gaza's population being forcibly displaced from their homes.
    "Apartheid Israel has also cruelly enforced a total blockade on Gaza which has resulted in severe restrictions on the flow of essential supplies, including food, water, electricity and fuel. In addition, there have been three instances of internet and communication channel disruptions in the past few days as part of Israel's ongoing ground attacks," the EFF highlighted.
    Last month, the EFF marched on the Israeli embassy in South Africa and demanded that President Cyril Ramaphosa expel the Ambassador of Israel to South Africa.
    "We reiterate this demand as well as call for the South African government to provide Palestinians with both the humanitarian and military support necessary to fight for their land and lives," the EFF said.
    Meanwhile, the African National Congress (ANC) welcomed government's move to recall all South African diplomats, saying the "genocidal actions" of the Israeli regime on Palestinians in Gaza and the West Bank are crimes against humanity.
    "We call for an immediate cease-fire," the ANC said.
    The party continues to pledge and intensify its solidarity with the people of Palestine for freedom, independence, justice and equality.
    GREATER RESPONSIBILITY TO PALESTINIANS
    Meanwhile, Corruption Watch acknowledged the efforts of the South African government in the conflict, which includes a call for an immediate ceasefire in Gaza, as well as decisive action to recall diplomats from Tel Aviv.
    However, the organisation believes that the country and its government have a greater responsibility to the people of Palestine in actively lobbying for global support, as South Africans "benefitted" from the global pressure that helped put an end to apartheid, including from Palestinians themselves.
    "Anybody committed to upholding human rights should be appalled and outraged at the carnage that is unfolding before our eyes. Given South Africa's direct experience of the cruel and damaging effects of apartheid, we must call for a cession of hostilities and commitment to a process that can end apartheid in Palestine," said Corruption Watch executive director Karam Singh.
    He added that South Africa, and other countries, should not stand by or condone the "ongoing subjugation of a people" and watch as these crimes against humanity are being perpetrated daily with such intensity and violence.
    Singh noted that the world should not rest until the Palestinian people's right to self-determination and liberation from the Israeli occupation has been realised.
    4 min
  • Top US senator demands 'immediate' review of SA's Agoa status
    A US senator has written a document proposing several amendments to legislation renewing the African Growth and Opportunity Act (Agoa), including that there should be an immediate review of South Africa's status for preferential trade access.
    Democratic Senator Chris Coons's discussion draft for the Agoa Renewal Act of 2023 proposes that the programme, which is expiring in 2025, should be extended by 16 years. He says that while the US president currently reviews the eligibility of countries annually, this should be changed to every three years. He, however, also recommended that the US "undertake an immediate out-of-cycle review of South Africa", no later than 30 days after the legislation is enacted.
    Coons, who chairs the US Subcommittee on State and Foreign Operations, was part of a group of both Democratic and Republican legislators who asked the White House to move the Agoa summit away from South Africa, accusing it of deepening its military relationship with Russia.
    The group also questioned South Africa's eligibility for trade benefits under Agoa.
    Coons has close ties with South Africa, and in his youth volunteered with the South African Council of Churches, then led by late Archbishop Emeritus Desmond Tutu. In 1986, he published a book about the anti-apartheid disinvestment movement among US universities.
    In the end, the Agoa summit was still hosted in South Africa last week, and the country continues to push to remain part of Agoa.
    There has, however, been significant pushback from US lawmakers, with Republican senator Jim Risch last week expressing concern over South Africa's geopolitical stance.
    "I was also disappointed to learn that South Africa will remain fully eligible for Agoa's duty-free trade preferences in 2024, despite South Africa's continued actions that subvert US national security and foreign policy interests," he said in a letter to Secretary of State Antony Blinken and US trade representative Katherine Tai.
    "South Africa's relationship with Russia, and most recently with Iran and Hamas, undermine necessary eligibility safeguards in the Agoa statute, and the administration failed to take standard formal actions to communicate Agoa-related concerns to South Africa through a warning letter or demarche.
    "The administration's handling of Agoa, exemplified by its posture toward South Africa, make it clear that Congress must take course-correcting action."
    SA's Trade, Industry and Competition Minister Ebrahim Patel told SAfm on Monday that the country was proposing a two-stage renewal process for Agoa.
    "[This is] so that we move rapidly to consolidate what we have and then sit down and work through how we can improve it," the minister said.
    Patel said, in response to a question on the criticism by US politicians, that that country's "political system is such that you are never going to get absolute unanimity on anything."
    "What we have tried to do… is build bipartisan support. Over the last few days, we have had very significant support expressed for Agoa.
    "There is no question about it - the appetite for the extension of Agoa has grown enormously, and it is the first part of what South Africa is seeking to do.
    "Once we have got that locked in, then it is a matter of ensuring that we get the widest coverage. We have built very strong support within the business community, both in the United States and in South Africa, for the extension of Agoa and for the inclusion, not only of South Africa, but all of the countries that are currently the beneficiaries," Patel said.
    Agoa gives duty-free access to 25% of South African exports to the US, SA's second-biggest single-country trading partner after China.
    4 min

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