Polity.org.za Audio Articles

The African National Congress has expelled its former secretary-general Ace Magashule.

The party's National Disciplinary Committee (NDC) confirmed this on Monday.

It said the decision came after Magashule failed to respond to the NDC after it gave him seven days to state why he should not be expelled.

He had been found guilty of bringing the party into disrepute following his unsanctioned attempt to suspend President Cyril Ramaphosa and failure to apologise, despite being instructed to do so by the party.

The number of people who have died as a result of cholera-related illnesses in South Africa has risen to 32 after the Free State recorded its second fatality - that of a 42-year-old woman.

The woman was a patient at Boitumelo Regional Hospital in Kroonstad.

Free State Department of Health spokesperson Mondli Mvambi said laboratory results confirmed the woman's death was cholera-related.

"The patient is confirmed to have died, and thereafter laboratory tests confirmed that the death is attributable to cholera," Mvambi said.

He said the province's two cholera-related fatalities occurred in the same area.

Free State MEC for Health Mathabo Leeto conveyed her condolences to the deceased's family when department officials visited the family.

"The department would like to take this opportunity to urge the public to believe information about causes of death that are confirmed by laboratory tests and not opinions that are not scientifically supported by facts.

"The department continues to make a clarion call for all people to continue washing their hands and boiling water before they can consume it. If anyone experiences any slight symptoms of diarrhoea, they must please go to our health facilities to get help as a matter of urgency," Leeto said.

On Thursday, Gauteng Department of Health spokesperson Foster Mohale said the country had recorded 166 laboratory-confirmed and 202 suspected cases of cholera in five provinces between 1 February and 6 June.

He added: "The majority of cases were recorded in Gauteng, which accounts for 152 cases, while Free State province accounts [for] nine cases. Other provinces which recorded positive cases include Limpopo, Mpumalanga and the North West."

"So far, more than 600 people with suspected cholera symptoms have been seen in Gauteng and Free State hospitals."

Mohale said a well-equipped temporary field health facility, the Kanana Cholera Treatment Centre in Hammanskraal, relieved pressure at Jubilee District Hospital and contributed to improved health-seeking behaviour among people who have cholera symptoms.

"Over 200 people have been seen at this makeshift hospital. The facility has been operating 24/7 since 26 May."

He added that national, provincial and district outbreak response teams had been activated and managed to reach more than 300 contacts as part of case-finding and contact-tracing activities.

"The Department of Social Development continues with psychosocial support and social relief packages to the families of the deceased," Mohale said.

The controversial Electoral Amendment Act faces another Constitutional Court challenge, this time related to the signatures prospective independent candidates must obtain to be eligible and the way the seats will be recalculated when there are vacancies.

Last month, Independent Candidates Association (ICA) chairperson Michael Louis applied for direct access to the Constitutional Court to challenge the Act.

The challenge is based on the fact that only 200 of the National Assembly's 400 seats are available to independent candidates, and will create an "unfair election, distorts proportionality, and reduces the value of votes cast in favour of independent candidates for no reason, let alone a convincing reason".

Now One South Africa (OSA) has followed suit.

The Act requires independent candidates to submit to the Electoral Commission of South Africa (IEC) a declaration with names, identity numbers, and signatures of voters who support their candidature.

To be elected to the National Assembly, the names must equal 15% of the number of votes required to obtain a seat for that region in the preceding election, if contesting only one region.

This means independent candidates contesting in next year's elections will have to get the following number of signatures in each province, based on the 2019 election results:

Eastern Cape: 11 656

Free State: 11 340

Gauteng: 13 890

KwaZulu-Natal: 13 045

Limpopo: 11 329

Mpumalanga: 11 924

North West: 10 652

Northern Cape: 10 271

Western Cape: 13 201

If you intend to contest more than one region, you need to get signatures amounting to 15% of the province with the highest quota in the preceding election.

For instance, if a candidate wants to compete in Gauteng and the Northern Cape, they will need to get the Gauteng figure of 13 890, instead of the Northern Cape's 10 271.

In his founding affidavit, OSA national chairperson Jonas Mothibe Mogoale states: "The chief complaint of OSA is that the Amendment Act requires both political parties and independent candidates to acquire the same number of signatures in order to register."

He noted that the signature requirement’s stated purpose was to "limit the number of frivolous candidates on the ballot" and that the requirement for new parties, before the amendment, was 1 000 signatures.

'Out of kilter'

"The only reasonable inference to draw is that 1 000 signatures satisfied the same purpose: So that political parties are serious about entering the election race," Mogoale said.

"OSA believes that the Amendment Act unjustifiably, arbitrarily and disproportionately sets an independent candidate's requirement at 15%. It further submits that the requirement does not fulfil any legitimate government purpose and that less restrictive means, such as the original 1 000 signature requirement, would achieve the same objective."

He added that Parliament used provinces as large constituencies, making the signature requirement relative to the large vote thresholds of those provinces.

Mogoale said:

The inescapable inference is that the deliberate decision to use provinces as a unit of measurement for the number of signatures required, is arbitrary.

"Not only does this approach lead to exorbitant numbers of signatures being required, but the principle is out of kilter with the rest of our electoral system. The previous 1 000 signature requirement had no link to the vote threshold nor was it linked to the number of voters per province. It represented an ordinary, feasible and reasonable measure.

"The second issue is that the 15% threshold is arbitrary and is not apparently linked to any legitimate government purpose or objective. Parliament has failed to justify the figure. In other words, it has failed to show a rational connection between the threshold and the purpose sought to be achieved."

OSA is also questioning the constitutionality of the complicated way seats will be recalculated when vacancies occur.

Mogoale argued that it benefits the bigger parties and that ...

Just a week after the African National Congress (ANC) announced its intention to expel former secretary-general Ace Magashule, President Cyril Ramaphosa has approved a Special Investigating Unit (SIU) probe into the dealings of the Free State premier's office, particularly those during Magashule's tenure.

This opens the door for law enforcement officials to shine a light on Magashule's bursary payments to students while he was the Free State premier, which has been shrouded in controversy.

The recent development was revealed through a proclamation by the president on Friday.

In the proclamation, Ramaphosa states that the SIU may investigate allegations that have been made concerning the affairs of the Office of the Premier of the Free State.

It's alleged that there may have been "serious maladministration in connection with the affairs of the Office of the Premier; improper or unlawful conduct by employees of the Office of the Premier; and that unlawful expenditure of public money" may have occurred as a result of Magashule's bursary scheme.

Two years ago, News24's sister publication, City Press, reported that a director at the Free State premier's office during Magashule's tenure requested exorbitant scholarships for herself, a "private individual", and two government officials to study in the US.

At the time, Sheila Goldinah Mazibuko was the director of intergovernmental relations.

The scholarships were detailed in a report, according to City Press, titled "Approval for scholarships for four students to study at Bay Atlantic University in Washington DC in the US and special leave for three Free State provincial government officials".

The request was said to have been submitted by Mazibuko on 10 December 2017, and approved by Magashule.

According to her request, each recipient was awarded close to R1-million a year to study towards a two-year executive master's in business administration (MBA) programme at the Washington-based university.

A comparison with other local universities showed that the University of Cape Town offered the same programme for R328 000 a year per student at the time. Still, according to the report, each recipient received $79 913, which translated to R926 741 a year at the time.

Magashule was quoted as having said at the time: "I don't deal with processes ... When it comes to me, I note or I approve . Nothing wrong happened there."

The proclamation by Ramaphosa only instructs the SIU to investigate whether there was any "unlawful or improper conduct by any person, which has caused or may cause serious harm to the interests of the public or any category thereof.

It further states that the SIU should look into incidents "that took place between 1 January 2018 and the date of publication of this proclamation, or which took place before 1 January 2018 or after the date of publication of this proclamation, but are relevant to, connected with, incidental or ancillary to the matters mentioned in the schedule or involve the same persons, entities or contracts investigated under the authority of this proclamation".

Magashule has maintained his innocence, claiming that all allegations against him are politically motivated, given his political beliefs, which were poles apart from that of the president and his allies who now dominate the ANC's national executive committee, the party's highest decision-making body.

Home Affairs Minister Aaron Motsoaledi has extended the Zimbabwean Exemption Permits (ZEP) for another six months.

According to Motsoaledi, the validity of the ZEP will be extended from 30 June to 31 December 2023.

The extension comes after the department had "approved thousands of waiver applications of the affected Zimbabwean nationals" and was "considering and approving waiver applications daily".

"This has resulted in a significant increase in the number of visa and waiver applications.

The Departmental Advisory Committee (DAC) led by Dr Cassius Lubisi is now dealing with the increased number of visa applications," Motsoaledi said.

The department, said Motsoaledi, has been receiving between 1 000 and 1 500 visa and waiver applications daily, and more officials have been deployed to assist in processing the applications.

The extension period will now end on 31 December 2023.

Under the extension, no holder of a valid ZEP may be arrested, ordered to depart the country or be detained for deportation for any reason related to them not having a valid exemption certificate.

The holder of a ZEP will be allowed to enter and exit South Africa, provided they comply with all entry or exit requirements.

ZEP holders would not be required to present an exemption permit or authorisation letter to remain in the country during the extension period, Motsoaledi said.

During the economic and political strife in Zimbabwe in 2008 and 2009, many of the country's citizens fled to South Africa. At the time, the South African government created a blanket exemption so that Zimbabweans could get permits to live and work legally.

The permits were effectively extended by creating another permit over the years, which has since become known as the ZEP.

More than 178 000 ZEP holders have been in South Africa for over a decade. In December 2021, Motsoaledi announced that the ZEP would not be renewed.

The special permits were due to expire in December 2022, but an initial six-month extension was granted to allow people to apply for other available visas.

Motsoaledi is expected to request that International Relations and Cooperation Minister Naledi Pandor issue a note verbale (a diplomatic communication from one government to another) to the Zimbabwean ambassador informing him of the extension.

The late African National Congress (ANC) MP and former Cabinet minister Tina Joemat-Pettersson is to be honoured at a national memorial service in her home town of Kimberley in the Northern Cape.

At a press briefing on Wednesday, ANC first deputy secretary-general Nomvula Mokonyane said Joemat-Pettersson's brother would work with the ANC to prepare for a national memorial service next week.

"The family appreciates all the messages and calls that have been coming through. The children also appreciate it very much. Of importance is the further request that we should give the family the space to mourn and prepare for a decent burial," Mokonyane said.

Joemat-Pettersson's family have asked for privacy during their mourning period.

"We wish to extend our gratitude for the supporting messages and calls we have been receiving since the unexpected death of our mother, Tina Joemat-Pettersson. We humbly request for privacy while we process the sudden death of our mother. There will be a private funeral. We thank everyone for respecting our privacy during this difficult time," her sons, Terrence and Austin Pettersson, said in a short statement.

Meanwhile, the ANC Women's League will hold its own national memorial service next Thursday."

"We will give the family the necessary support and give her a good send-off that is in accordance with their wishes. She has spent the better part of her life in the Western Cape. Condolences should continue to be sent through. Her kids are still going through this difficult time," Mokonyane said.

Joemat-Pettersson was a stalwart member of the women's league. She was vying for the position of the league's deputy president at its conference later this month.

"There is a ceremony that is very solemn which the women’s league holds for its deceased members – the hanging of the blouse – which will take place on Thursday in Kimberley."

Mokonyane led a delegation to pay the party's respects to the family on Wednesday. She was accompanied by ANC Northern Cape leader Zamani Saul and ANC deputy parliamentary chief whip Doris Dlakude.

"During this visit, the ANC leadership extended condolences and offered support that is befitting the stature of comrade Tina. Regarding memorial and funeral proceedings, details will be shared once the necessary consultations have been concluded with the family," ANC national spokesperson Mahlengi Bhengu-Motsiri said in a statement.

"Once again, the ANC extends its heartfelt condolences to the family, loved ones, friends and comrades of comrade Tina Joemat-Pettersson. Her passing has left an indelible mark, with deep sadness felt across the ANC and wider democratic movement."

Joemat-Pettersson died on Monday.

Two weeks ago, reports surfaced that she had allegedly asked for a bribe from David Skosana, the husband of suspended Public Protector Busisiwe Mkhwebane, to make the Section 194 Inquiry into Mkhwebane's fitness to hold office go away.

Joemat-Pettersson served as a member of the investigating committee.

The allegations were that she had been facilitating the talks on behalf of committee chairperson Qubudile Dyantyi and ANC chief whip Pemmy Majodina.

President Cyril Ramaphosa appeared visibly shocked as he was told that Hammanskraal residents could have already had safer drinking water if a R295-million tender had completed its work in time.

Ramaphosa visited Hammanskraal on Thursday, where 23 people have died due to a cholera outbreak in the area.

Although the outbreak's source is unknown, the functioning of the Rooiwal waste treatment plant has been in the spotlight.

The president's visit began at the Rooiwal plant in Tshwane, where he met with officials who operate the plant.

Gauteng Premier Panayza Lesufi and Tshwane Mayor Cilliers Brink accompanied him.

The Rooiwal plant has been pointed at as the centre of the crisis facing the Hammanskraal community, who have lived without safe drinking water for years.

The plant, which was built in the 1970s, has been ageing for years. It is responsible for cleaning the bulk of the city's water.

A joint venture by companies with links to controversial businessman Edwin Sodi was awarded a contract worth R295-million in 2019 under questionable circumstances.

The contract with the joint venture was terminated in 2022 after failing to perform.

When the project came to an end, only 60% of the work was completed for phase one.

For the next phase, the City plans to source funding through a loan.

Ramaphosa was shown a portion of the plant with visible sewage streaming through pipes during his visit.

This area is where sewage is cleaned and eventually processed for later consumption.

But the bulk of the pipes in the water waste area are not functional, and instead of processing water to a light brown colour, it remains dirty and polluted.

A City official in charge of Tshwane's waste plants told Ramaphosa that most of the pipes were not functioning.

"The problem here is the colour is supposed to be light brown, but because a lot of the defuse pipes that pool oxygen into the water, some have popped, and some have burst. They are not all working, so we have a lot of leaks," the official, who identified himself only as David, told the president."We had done some work to fix the pipework and have it all done, but the project didn't run to completion and stopped at 60% because of tender processes."

President Paul Kagame has made sweeping changes at the Rwanda Defence Force (RDF) and appointed a new minister and head of the army.

At the top of the list of changes was the firing of two senior commanders and more than 200 soldiers with immediate effect.

He dismissed RDF Major-General Aloys Muganga, Brigadier-General Francis Mutiganda, as well as 14 commissioned officers.

"He (Kagame) has also authorised the dismissal of 116 other ranks and approved the rescission of service contracts of 122 other ranks," said the statement from his office.

Muganga was appointed in 2018 to the position of Reserve Force Chief of Staff (RFCOS) taking over from General Fred Ibingira who retired.

The same year, Mutiganda was redeployed from the Director-General, External Security at the National Intelligence and Security Service (NISS), back to RDF Headquarters.

The changes by Kagame came a day after he also appointed 58-year-old Juvenal Marizamunda as the country's 11th defence minister since independence in 1962.

The head of the RDF is now Lieutenant-General Mubarak Muganga (no relation to Major-General Aloys Muganga), who takes over from General Jean Bosco Kazura.

The RDF is made up of three arms, with the reserve force made up of part-time military personnel who may be recalled whenever necessary to operate alongside the army and the air force.

The South African National Civic Organisation (Sanco), which had listed former President Jacob Zuma as one of its disputed office bearers in KwaZulu-Natal, has informed the African National Congress (ANC) that it has disbanded its warring provincial executive committees (PEC) in pursuit of a united organisation.

This means that Zuma and others elected earlier this year in a disputed provincial election no longer have their initial positions, but will steer an interim structure.

On 1 June, Sanco KwaZulu-Natal wrote to ANC secretary-general Fikile Mbalula, notifying him that the organisation was disbanding its divided structures.

On 6 June, the warring provincial factions held an "integration meeting" at the Coastlands Hotel in Durban.

The organisation also has two national executive committees (NEC) embroiled in a court battle, but said it was working on reaching a compromise.

A letter by Sanco convener Richard Hlophe Mbalula titled "Request for Sanco to resolve internal issues and provide details of authentic representation as alliance partner", stated: "Please be informed that the two general secretaries from the Alexandra and Durban NECs [who are in court] met as directed by both their NECs to deal with the challenges faced by the organisation and come up with proposals that would help to unite Sanco."

The two structures agreed to disband.

They also agreed to allow the establishment of a National Interim Coordinating Committee [NICC] and that a previously agreed upon constitution be used by the interim structure in the lead-up to a suggested elective conference.

The conference will be coordinated and convened by the leaders of the two factions.

Another agreement they reached was to settle an outstanding issue out of court.

The two camps also proposed for the elective conference to sit in November.

Meanwhile, Zuma told Sanco members at the integration meeting that their movement was of great importance.

He said it was important that the ANC doesn't fall "to 30%" because that means Sanco would've failed, too.

Zuma was referring to a comment attributed by the Sunday Times to Mbalula, who had been musing about the party's fortunes in next year's general elections.

Zuma said he wouldn't leave the ANC as it was his home.

His foundation's spokesperson Mzwanele Manyi has hopped from the ANC to the ATM and now the EFF.

Zuma told Sanco members: "I was talking to some men. I told them you don't run away from home. How do you run away from your parent's home [the ANC]?

"Even if a mamba attacked me, I will hold it with my hands... But I won't run away from my home," Zuma said.

In a veiled reference to his political nemesis, President Cyril Ramaphosa, Zuma said they needed to get rid of the person in charge as he "wasn't born to be there".

"And if he has brothers like him, we push all of them out as well," Zuma said.

Zuma told the audience that rich white people doled money out to ANC members to divide and conquer them.

"Since 1994, white people have been consolidating. With the majority we have, we can change everything, including the Constitution," Zuma said.

In a bid to unite the organisation, the two "NECs" are trying to reach an out-of-court settlement and have appointed Richard Mkhungo as national convener and Mike Soko as national coordinator.

In a statement first issued to News24, Sanco said that now that the organisation has one NEC, their "unitary" decision will have to find expression at the grassroots level as "whatever happens at the NEC level must find expression at the PEC level."

"Therefore, it is inevitable that provinces which have two PECs will be collapsed and merged into one," the statement said.

"The opposite is true that not all provinces had more than one PEC because other provinces were not affected by this division, such as Eastern Cape and Mpumalanga provinces. Of course, unity meant that people would lose their positions both in the NEC and PEC, but cognisance is given to the fact that it was never about pos...

Former president Jacob Zuma's attempt to privately prosecute News24 legal journalist Karyn Maughan and senior prosecutor Billy Downer has failed.

"The respondent (Zuma) is interdicted and restrained from re-instituting, proceeding with, or from taking any further steps pursuant to, the private prosecution," said Judge Paul Wallis in the KwaZulu-Natal Division of the High Court in Pietermaritzburg on Wednesday.

Zuma's bid failed after he accused Downer of leaking confidential medical information to Maughan in breach of the National Prosecuting Authority (NPA) Act.

Both brought applications to have the summons they were served reviewed and set aside.

In asking the court to set the matter aside, Maughan stated that Zuma did not obtain a nolle prosequi certificate against her.

The certificate is key to Zuma being procedurally allowed to privately prosecute.

In March, the hearing ended abruptly as Zuma's advocate, Dali Mpofu, made long-winded submissions and went at least an hour over his allocated time toward the end of the day.

Maughan's counsel, advocate Steven Budlender, argued in court that Zuma brought the charges against Maughan because of the former president's "extraordinary animosity toward her".