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Government is looking to the private sector to assist in upgrading South Africa's land ports with neighbouring countries.

The upgrades will assist in improving regional trade between the Southern Africa Development Community (SADC), stop the illegal movement of goods and people, and assist in effective migration between the countries, according to the Department of Home Affairs.

South Africa has 72 ports of entry, of which 53 are land ports of entry, 11 are international airports and eight are sea ports.

The ports are managed and controlled by the Border Management Authority.

Home Affairs Minister Aaron Motsoaledi announced that six land ports of entry had been identified for infrastructure and security upgrades.

These include Beitbridge linking SA to Zimbabwe, the Lembombo border post between SA and Mozambique, Maseru Bridge between SA and Lesotho, Ficksburg between SA and Lesotho, Kopfontein between South Africa and Botswana, and Oshoek between SA and Eswatini.

The project has been announced as a private-public partnership (PPP) and is subject to approval from National Treasury.

According to Motsoaledi, South Africa's land ports of entry are in a dire state with increasing volumes of regional and international trade at these ports being "stifled", leading to congestion.

"The South African side of the border looks like an informal settlement while the [neighbouring country's] side looks like Sandton [...] Take a visit to the Lebombo border post in Mozambique where you will see trucks are lined up for kilometres, bumber-to-bumper at hours on end on the N4. Mining companies in the North West, Limpopo and Mpumalanga decided to use the Maputo port for their exports and no longer Richards Bay Harbour," he said.

He said government is looking to improve the security of land ports to ensure that illegal trade is also limited.

"Our [current] method of managing trucks is via sampling where trucks are selected on the basis of risk profile. We are looking for a prospective company to install the latest technology including gamma ray technology to pick up illegal cigaretters, paper money and [undocumented] human beings."

$1-million (more than R19-million) has been allocated from the SADC project preparation fund at the Development Bank of South Africa for the upgrades, with the project estimated to cost billions of rands.

The tender application process will close in March 2024, with the project coming to a financial close late next year. Construction on the upgrades will begin thereafter.

In the wake of the fire that gutted the Usindiso Building in Marshalltown, the City of Johannesburg Department of Public Safety believes that the funds for a proposed commission of inquiry could be better used to urgently upgrade the skills and technology of the city's Metro Police to intensify the fight against crime.

Last week, Gauteng Premier Panyaza Lesufi indicated that he would launch an inquiry into the deadly fire where more than 70 people died, including 12 children. The idea was widely criticised by political parties.

Retired Constitutional Court Judge Sisi Khampepe will chair the commission.

"The issue is not mysterious or unknown. It's the presence of hijacked buildings that serve as a tinderbox for such calamities. These structures are disasters waiting to happen. The situation is aggravated by well-coordinated criminal syndicates that financially benefit from these hijacked buildings. They collect rent in cash, with no record or accountability, making these locations not just dangerous living environments but also fertile grounds for other financial crimes like money laundering and tax evasion," the City said.

It added that past experience had shown that commissions of inquiry take months, if not years, to conclude, with many yielding no results and "only masking inaction".

It has called for immediate action and called on the Gauteng government to join in the fight against crime and lawlessness in the city.

"We are committed to facing this crisis head-on," the City of Johannesburg said.

Retired Constitutional Court Judge Sisi Khampepe will chair the commission of inquiry into the Johannesburg CBD blaze that killed more than 70 people.

Gauteng Premier Panyaza Lesufi announced on Monday that Khampepe, advocate Thulani Makhubela, and former Ekurhuleni councillor Vuyelwa Mathilda Mabena would work with Khampepe in the probe into the circumstances that led to the deadly fire.

Makhubela is a legal expert with more than 26 years of experience, including in Labour Court and CCMA matters, while Mabena is an experienced community activist and former councillor.

"The commission will investigate the prevalence of hijacked buildings in Johannesburg, what caused the deadly blaze in Marshalltown and who must shoulder the total responsibility for this tragedy," Lesufi said.

The premier said the city was plagued by a "crisis" of stolen buildings and required thorough interventions to prevent similar tragedies.

Lesufi said the commission's investigation would not interfere with the police probe into the causes of the fire.

He called on affected parties to make submissions to the commission.

"The Gauteng government seeks a comprehensive overhaul of the underlying issues that put the lives of the province's residents in danger, and the commission is the initial step in achieving this objective," he added.

The occupants of the building have since been relocated to community halls identified by the City.

The City says the building is not structurally sound and has sealed it off to prevent residents from getting back inside.

Suspended Public Protector Busisiwe Mkhwebane wants to return to office, believing that she is no longer suspended.

Mkhwebane announced on Monday that she intended to return to work on Tuesday based on her interpretation of President Cyril Ramaphosa's suspension letter dated 9 June 2022.

She claimed that the president suspended her pending the finalisation of a parliamentary enquiry into her fitness to hold office.

"[The] section 194 proceedings/inquiry has now been finalised. The period of suspension defined in the Presidential Minute issued in terms of section 194(3)(a), read with section 101(1)of the Constitution, has expired," Mkhwebane said.

"Therefore, and as a matter of courtesy and protocol, advocate Mkhwebane has advised president Ramaphosa that she will be reporting back to work tomorrow morning, on Tuesday 5 September 2023."

In a letter to Mkhwebane, dated 4 September, Ramaphosa said she had no right or entitlement in law to return to office.

"In the circumstances, while I thank you for your courtesy in informing me of your intention, your interpretation of the Presidential Minute and my letter is wrong, and your intention to return to office is misconceived," Ramaphosa said.

He pointed out that while the Section 194 Committee, which held the enquiry into Mkhwebane's fitness to hold office, had adopted its report, the proceedings that were initiated by the committee would be finalised either when the National Assembly does not adopt a resolution calling for her removal from office, or if the National Assembly does adopt such a resolution and the president acts in terms of Section 194(3)(b) of the Constitution.

"Fourth, it is therefore patently clear that the process initiated by the committee is not completed (as your letter suggests) when the enquiry by the committee has been finalised."

The president added that he had not been informed of any resolution having been taken by the National Assembly as contemplated by Section 194(2) of the Constitution.

"The National Assembly has therefore not yet completed its part of the process."

The National Assembly will consider the motion for Mkhwebane's removal on 11 September.

A two-thirds majority is required for her removal, which will likely be achieved as the ANC, DA, IFP, FF Plus and the African Christian Democratic Party are in support.

If a motion for her removal is passed, Ramaphosa must remove her from office.

News24 previously reported that the Section 194 Committee adopted a final report recommending to the National Assembly that Mkhwebane be removed from office.

In March 2021, the National Assembly adopted a motion with four charges that Mkhwebane displayed misconduct and incompetence, with much of the charges based on four of her most politically charged investigations:

The SA Reserve Bank/CIEX matter;

the Vrede Dairy Project scam;

the SA Revenue Service (SARS) investigating unit (the so-called SARS rogue unit); and

the CR17/Bosasa matter.

The charges draw on Mkhwebane's conduct during the investigations and the subsequent litigation, which invariably ended badly for Mkhwebane.

Having made a litany of findings against Mkhwebane, the committee found that the charges against her had been sustained and subsequently agreed to recommend her removal.

The litigious Mkhwebane, who also unsuccessfully challenged her suspension in court, has indicated that she intends to take the committee's report on review.

Mkhwebane intended to use funding from the Office of the Public Protector provided for her defence against the impeachment proceedings for this, but the office withdrew this funding.

The Office of the Public Protector has paid around R30-million for Mkhwebane's legal representation during the proceedings, which saw her employing a range of stalling tactics.

Mkhwebane's term of office ends on 14 October.

The Office of the Public Protector noted Mkhwebane's intention to return to office but said, in the absence communication from Ramaphosa, her suspension remains eff...

South African Local Government Association (Salga) president Bheke Stofile has called for a fundamental overhaul of the systems in local government which he says requires a radical shift in how local government is enabled and resourced to perform its function.

He was addressing delegates at a National Members Assembly held in Johannesburg on Tuesday and attended by leaders and stakeholders in local government across the country.

The assembly marks 25 years since the adoption of the 1998 White Paper on Local Government.

Among the delegates in attendance were Cooperative Governance and Traditional Affairs Minister Thembi Nkadimeng, her deputy and former Johannesburg mayor Parks Tau, mayors and local government representatives from other African countries, chairperson of the National House of Traditional and Khoi-San Leaders Kgosi Seatlholo, Salga Women Commissioner Ntandokazi Capa and Secretary to Parliament Xolile George.

Stofile stressed that the significance of the gathering was attested by the serious service delivery challenges in municipalities and in provincial administrations.

Many of South Africa's 257 municipalities have faced different service delivery challenges and more recently the issues relating to coalition government arrangements, which are affecting poor people on the ground from accessing basic services like water and sanitation.

"Local government is everybody's business as we partner and work collaboratively towards building a local, sustainable, responsive and people-centered local government system," said Stofile.

Stofile highlighted that while Salga was mindful of the progress made in local government, he reminded delegates that at the time of the new democratic system of local government, certain policy assumptions were made as to how the system would be resourced and supported.

Among the suggestions was the revenue-raising assumption that local government would generate more than 90% of current expenditure.

He said the current reality was that municipalities were under extreme cash flow constraints.

Stofile pointed out that to date, municipalities were repeatedly flagged with ongoing concerns by the Auditor General.

"It should also not be surprising that many of the 257 municipalities we have passed a budget for are not cash-backed. It is our submission that fundamental in municipalities' development is an urgent need to sort out some of the lingering challenges arising from the current fiscal framework," he said.

Also in attendance was eThekwini Mayor Mxolisi Kaunda, whose metro has been hit by damaging floods and the infamous 2022 July unrest. He told Polity that there were areas of improvement even though there were challenges.

He said one challenge was the financing of municipalities.

"When we say the municipalities lack capacity, we need to support and back that statement with the valuable insight which says that you can't retain high levels of skills in municipalities which are small with limited budgets. You can't employ a chartered accountant because that person will get greener pastures somewhere in the private sector. That on its own has crippled how local government has performed in South Africa," said Kaunda.

He reminded Polity that issues of aging infrastructure were a global problem and not unique to South Africa and added that more resources were required to maintain the infrastructure, again pointing to the need to revisit financing models.

"We need to improve on the level of capacity and capabilities of leadership to provide good governance," Kaunda said.

National head of the Directorate for Priority Crime Investigation (DPCI) lieutenant-general Godfrey Lebeya noted, with concern, on Monday that 31 - 11 on-duty and 20 off-duty - police officials were killed in 30 incidents in the 1st quarter of the 2023/24 financial year.

Lebeya was outlining milestones achieved during the quarter, and said attacks on police officials were attacks on the State, and the death of one police official was one too many.

During the same period, 24 arrests were made, he said.

A total number of nine convictions were secured in the murders of police officials, eight of which share nine life-terms and a combined period of more than 100 years imprisonment.

The nine lifers are: Ntuthuko Dalingcebo Mabaso (29), Nkosikhona Simphiwe Luthuli (29), Kusakwendoda Simplex Luthuli (43), Thabang Motaung (42), Hlabirwa Rassie Nkune (37), Arkim Phathisani Masuku (32), Sithembiso Andile Mbona (27), Saziso Trevor Khambule (26).

The ninth criminal Nhlakanipho Ndovela (25) received 30 years imprisonment.

Last week, Police Minister Bheki Cele urged officers to be the "first to act" and use "force proportional to the threat" as police killings continue to rise.

"Be the first to act when you have to use force proportional to the threat. Be vigilant and operationally ready to act in any circumstances. If force is required, it must at all times be necessary, reasonable and proportional," he said.

Meanwhile, Lebeya highlighted that the DPCI seized various exhibits including precious metals and diamonds, endangered species, vehicles, cash, firearms, ammunition, counterfeit goods, explosives and electronic devices worth more than R6-million.

He said members are hard at work in dealing with national priority offences, which led to the arrest of at least 611 suspects that were successfully secured before the various courts across the country.

He added that 229 accused persons were convicted and sentenced and 16 of those convicts were sentenced for money laundering.

"Most of the arrests relate to fraud, which accounts for 203 suspects, while money laundering amassed 48 suspects. 72 suspects were equally arrested for narcotics and endangered species. The remaining 288 suspects were arrested for the other 17 types of national priority crimes," said Lebeya.

He said the DPCI continues to jointly respond to those who committed crimes relating to the Covid-19 Relief Fund, as coordinated at the Fusion Centre, which is housed at the Financial Intelligence Centre (FIC).

Lebeya noted that as at the end of June 2023, 190 suspects were secured before the various courts, of these, he said 64 accused persons were convicted in 49 cases.

COOPERATION AND COLLABORATION

Lebeya explained that the signing of a new memorandum of understanding between the DPCI and South African Revenue Service boosts the ability of the country's law enforcement agencies to enhance the fight against corruption, contraventions of tax laws, money laundering and other financial crimes.

He explained that this important accord had bolstered cooperation and collaboration that promoted joint initiatives and effective operational arrangements.

He said among the successes achieved in this quarter, were 19 arrests and 5 convictions for tax administration offences.

"Over and above, five arrests and a conviction were secured for contravention of the Customs and Exercise Act. One case is being cited as an example of these successes," he added.

The African National Congress's (ANC's) latest bid to challenge a ruling that forces it to hand over decade-long records of its cadre deployment to the Democratic Alliance (DA) was dismissed by the Supreme Court of Appeal (SCA) as having "no reasonable prospects of success".

Judge Wendy Hughes and Acting Judge Glenn Goosen also found there was "no other compelling reason why an appeal should be heard in the case".

Using the Promotion of Access to Information Act, the DA won a Gauteng High Court in Johannesburg ruling, which compels the ANC to hand over meeting minutes, WhatsApp conversations, email threads, CVs and all other records of the ANC deployment committee since 1 January 2013, when President Cyril Ramaphosa became the party's chairperson.

As South Africans come to terms with the deaths in the wake of the devastating apartment fire in Marshalltown last week, President Cyril Ramaphosa has called for a review of laws and policies to address the housing development challenges in Johannesburg's central business district.

The fire claimed the lives of more than 70 people, some of whom were children and many of whom were undocumented migrants.

In his weekly letter to the nation, Ramaphosa expressed his dismay at the calamity brought on by the tragedy by questioning the rationale behind having nearly 200 people occupying a building that was not built for housing and which had no services, thereby rendering it unsafe.

He has also alluded to the notion that laws and regulations designed to protect tenants from arbitrary eviction have been used by unscrupulous individuals and criminal landlords to prey on poor and vulnerable people.

"The tragedy has brought to the fore the need to resolve the challenge of housing in our cities. Even though millions of houses have been built since the advent of democracy, providing decent homes for over 14-million people, the demand for housing continues to grow. The movement of large numbers of people into our major centres is fueling the growth of informal settlements and placing further strain on infrastructure and services," said Ramaphosa.

The President has urged property developers and the State, as owners and landlords of inner-city buildings in Johannesburg, to be held accountable for allowing many buildings to fall into abandonment and ruin.

Ramaphosa also identified the need to deal decisively with illegal immigration to ensure that those who have a legal right to be in the country are protected from exploitative practices.

He added that greater cooperation was needed between municipal officers and inner-city property developers as a way of mitigating criminality and he hoped that these buildings could eventually provide safe and decent low-cost housing for the poor.

"We need to obey the law and observe regulations that exist for our safety and for the safety of others. We need to work with officials seeking to strike a balance between the rights of tenants and regard for their safety and wellbeing. Above all, we need to report acts of criminality and not be party to them," Ramaphosa said.

The Gauteng Department of Health is asking bereaved families of victims of the Johannesburg inner-city building fire to visit the Gauteng Forensic Pathology Service (FPS) mortuary, in Diepkloof, to identify their loved ones.

There are currently 74 bodies being processed and these include 40 males, 24 females, and 10 who are undetermined as they were burned beyond recognition. Further, 12 of the deceased were children.

The Diepkloof facility will remain open on Saturday and Sunday from 09:00 to 15:00.

The department has advised families who wish to identify their loved ones to bring with them an original identity document, birth certificate, passport or asylum certificate of the deceased.

"The Gauteng FPS will use the Digital Footprint System to identify unknown bodies who have visible fingerprints. The system uses biometric scanners and third-party access to the databases of the Department of Home Affairs, South African Police Service and National Credit Bureau to identify deceased bodies. Bodies that have been burned beyond recognition and without fingerprints will be identified through DNA process," said Gauteng Health and Wellness spokesperson Tshepo Shawa.

Gauteng Health and Wellness MEC Nomantu Nkomo-Ralehoko spent the day visiting the victims of the fire in hospitals across the province.

"As soon as we heard of the incident, we immediately activated our emergency protocols to ensure that we respond as speedily as possible to those that needed medical attention. The Gauteng Emergency Medical Services has been on the ground contributing to emergency and rescue efforts as part of the provincial disaster management response. We have further deployed counselling and other psycho-social support services to complement interventions from the City of Joburg and provincial department of social development," said Nkomo-Ralehoko.

The department has also employed a hotline number to assist families in tracing their loved ones who are either hospitalised or deceased. Families can call the toll-free hotline number on 0800 203 886.

African National Congress (ANC) secretary general Fikile Mbalula on Friday urged law enforcement authorities to conduct a thorough investigation into the recent Johannesburg fire, saying those responsible for this tragedy must be brought to justice.

At least 74 people died and dozens others were injured in a fire at the Usindiso Building in the Johannesburg central business district on Thursday morning.

Mbalula was briefing the media in Soweto ahead of the party's 2019 Manifesto Review and National Working Committee (NWC) meeting to be held in Soweto on Sunday, where he said a thorough investigation must be conducted to prevent future incidents.

He noted that the safety of inner city buildings, including those that are illegally occupied, should be the municipality's top priority.

"It is with great sadness that we express our condolences for the tragic loss of life resulting from the fire. Our thoughts and prayers are with the families and friends of the victims, and we wish a speedy recovery to those who were injured," Mbalula said.

The party urged its Johannesburg structures to work with government agencies and NGOs to assist those in need.

HINDRANCES IN COALITION GOVERNMENTS

Meanwhile, Mbalula noted the NWC's reiteration that the party is still committed to the process arising from the recent National Dialogue on the Coalition Framework hosted Deputy President Paul Mashatile, however, he said the ANC's focus is primarily on achieving an outright electoral victory in the upcoming 2024 National General Elections.

"The ANC recognises the need to improve its service delivery, which has been hindered by coalitions that have failed to work. Unfortunately, instead of prioritising local government service delivery, the political opposition attempts to consolidate the Moonshot Pact, which is essentially an unprincipled front against the ANC," he said.

Mbalula announced that a review of 513 ANC public representatives in the 6th administration, in Parliament, in the National Council of Provinces and in Provincial Legislatures was on track and had been finalised.

He said the NWC remained committed to strengthening the organisation as part of its renewal programme. Among the urgent tasks was the robust upgrading of the party's membership system.

SUCCESS OF BRICS SUMMIT

The NWC reflected on the recent Brics Summit, hosted in August, and commended President Cyril Ramaphosa for the "positive impact" that came from hosting the summit in the country.

"It was noted that the huge positive impact was achieved against the backdrop of doomsayers, some of whom sought to defocus us through the possible attendance by President Vladimir Putin of Russia whilst simultaneously indicted by the International Criminal Court whose statutes we have ratified as South Africa," said Mbalula.

He said the NWC noted that whilst the party's posture was that Brics was not competing against the G7, there was, however, widespread comparison in public discourse.

The NWC re-iterated the stance that Brics represents the shifting of the international balance of power in favour of multilateralism and it is also a pursuit of progressive internationalism as an antithesis of the dominant era of a unipolar world characterised by unilateralism.

The NWC also noted and commended the important bilateral meetings involving Brazil President Lula Da Silva and the ANC.

Mbalula explained that the ANC also had bilateral engagements with Minister Sergey Lavarov of the Russian Federation and the party joined Cuban President Miguel Diaz-Canel at Freedom Park to honour the contribution of Cuba in the liberation of Southern Africa from the apartheid regime.

He noted that these engagements at a party level would give impetus to the ANC's fifty-fifth conference resolution which called on the party to ensure "progressive internationalism in a changing world".