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Former president Jacob Zuma's private prosecution of News24 specialist legal journalist Karyn Maughan and senior State advocate Billy Downer got under way in the KwaZulu-Natal High Court in Pietermaritzburg on Monday.

The matter was adjourned to 2 February 2023, with an urgent application by Maughan to be heard in December.

Maughan's urgent application was postponed due to a conflict of interest on the part of Judge Rishi Seegobin. He did not elaborate on what these are.

Downer has launched his own application to have the private prosecution declared an abuse of court processes.

The applications by Maughan and Downer will not be joined, but are likely to be heard one after the other.

During Monday's proceedings before Judge Nkosinathi Chili, Zuma's advocate Dali Mpofu conceded that the private prosecution was "unique" and "even strange" for him as a legal practitioner.

He said it was also "unique" because Zuma, a former president, was the private prosecutor.

Mpofu said Zuma had put down a R500 000 deposit to continue with the prosecution.

Advocate Wim Trengove SC, representing Downer, told Chili they had launched an application against the private prosecution and would ask the court to hear it.

Zuma has accused Maughan of colluding with the State to publish his medical records without his permission.

Zuma wants Maughan's urgent application to be dismissed, arguing that he was entitled to prosecute the journalist.

The charges against Maughan and Downer relate to News24's publication of an update on Zuma's medical condition.

The medical document was attached to court papers lodged at the High Court in 2021. Documents filed with the court are deemed to be public records unless a judge instructs otherwise. There was no instruction in this instance.

It didn't reveal details of Zuma's condition.

Last month, Maughan filed an urgent application asking the court to set aside Zuma's prosecution.

She argued that the summons issued against her by Zuma's legal team was a gross abuse of court processes and, therefore, should be thrown out.

She said the former president had not obtained a nolle prosequi (a Latin phrase that translates to "not wishing to prosecute") certificate from the Director of Public Prosecutions to entitle him to institute a private prosecution against her.

In addition, she said Zuma lacked standing to institute the private prosecution.

"He has no substantial and peculiar interest in the issue of the trial since he has personally suffered no injury as a consequence of the offence he alleges I have committed."

The Economic Freedom Fighters (EFF) have wished the people of Lesotho a peaceful and fair election, with the hope that it will be a catalyst for change in the country.

Voters head to the polls on Friday to vote in an election that follows years of political instability.

"The EFF hopes to see a solution to the socio-political and economic problems in the country and is calling on Lesotho voters to cast votes for the "young and dynamic revolutionary activists", the Lesotho Economic Freedom Fighters (LEFF).

“All political parties in Lesotho have failed to bring the much needed stability and progress of the people. It is only the EFF that will bring much needed stability and economic emancipation for the people of Lesotho,” the EFF said.

The party also urged non-violence from all parties, including the LEFF.

Load shedding will be suspended at 05:00 on Saturday morning due to lower weekend demand and adequate emergency generation reserves, Eskom said in a statement on Friday.

The embattled power utility has implemented a record spell of unbroken rolling power cuts as it suffered a series of breakdowns at many of its key power stations in recent weeks.

"While the generation capacity constraints persist, the suspension of loadshedding is possible due to the anticipated lower weekend demand, as well as adequate levels of emergency generation reserves. Eskom will publish a further update on Sunday afternoon, or as soon as there are any significant changes. Since yesterday afternoon a generation unit each at Camden, Grootvlei, Hendrina, Kendal, Kriel, Majuba and Tutuka power stations have returned to service," spokesperson Sikonathi Mantshantsha said.

A generating unit at Duvha Power Station was taken offline to be repaired.

Eskom currently has 5 512 MW on planned maintenance, with another 13 484 MW out due to breakdowns.

Friday officially marked the end of former president Jacob Zuma's prison sentence for being in contempt of court.

The Constitutional Court sentenced him to 15 months in jail in its judgment on 29 June last year and he was admitted on 8 July 2021.

He was subsequently placed on medical parole on 5 September 2021.

If Zuma had not been granted medical parole, Friday 7 October would have been his prison release date.

"Medical parole placement meant that Mr Zuma was to serve the remainder of his sentence under Kranskop Community Corrections. Essentially, Mr Zuma complied with his conditions for medical parole as set out during his placement," said correctional services spokesperson Singabakho Nxumalo.

"All administrative processes have now been concluded and the sentence expiry date marks the end of him serving his sentence under community corrections."

Retaining suspended managers found to be conducting business with the state and paying them a salary is required in law while the official is still being investigated and not found guilty of any offence.

This was the reason given by acting Minister of Public Service and Administration Thulas Nxesi, in his response to a written parliamentary question from EFF MP Rosina Ntshetsana Komane, who wanted the reasons behind the government's decision to retain managers who were found doing business with the state.

“When a person is suspended, it does not mean the person is guilty of an offence. An employee is only placed on suspension when there is a real fear that the person will intimidate witnesses and/or tamper with (or destroy) evidence. Suspension is, therefore, a measure to ensure a disciplinary hearing continues without interruption and not an indication of guilt,” Nxesi said.

Previously, News24 reported that the government had not recovered a single cent from dodgy public servants doing business with the state.

Law enforcement agencies were assisting the Department of Public Service and Administration (DPSA) to identify the culprits. However, in most cases still under investigation, no money had been recouped.

Furthermore, Nxesi said while employees were still being investigated for conducting business with the state, they would receive their full salary even if they were suspended.

“Only once a disciplinary process is concluded and a person is found guilty and sanctioned to be dismissed, that employee’s salary will be terminated. Other than that, it would be illegal to stop an employee’s salary,” he added.

The government had around 1 500 employees in its sight for doing business with the state, but said few would be apprehended as many resigned before being held liable.

At the end of April 2020, the department found 1 539 government employees were conducting business with the state, of which 1 111 were working at provincial and 428 at national departments.

The National Treasury started a process in 2017 to identify government employees doing business with the state.

In KwaZulu-Natal, employees at 13 provincial departments were possibly doing business with an organ of state.

In Gauteng, public servants at 11 provincial departments were possibly conducting business with the state. In the troubled North West, eight departments have employees possibly doing business with the state.

In the Eastern Cape, staff at 11 provincial departments could have possibly scored tenders from the government.

Employees at nine Limpopo provincial departments were alleged to have done business with the state.

Public servants at 10 Mpumalanga government departments were allegedly doing business with the state. In the Free State, the same number of departments had employees doing business with an organ of the state.

Tourism Minister Lindiwe Sisulu says there haven't been cancellations by German tourists who had booked trips to South Africa following the murder of a German visitor on Monday.

Sisulu briefed the media on Wednesday about her department's response to the incident, which claimed the life of a 67-year-old German tourist. He was shot dead in Numbi, Mpumalanga.

The man and three other tourists, including his wife, were ambushed by three armed men near the Kruger National Park.

"There hasn't been anybody who has pulled out of their trips. We wanted to have a press conference to show everyone that we are on top of the situation and that we are looking into our hotels to increase the safety of our tourists," Sisulu said.

The minister and tourism stakeholders met the three other tourists, who asked not to be identified, at OR Tambo International Airport.

Sisulu tried hard to allay concerns about the safety of tourists and assured them that South Africa was safe for travellers.

She said the incident was isolated, claiming that the German man was the third tourist death in the country in 27 years.

"The only murder we have had – the Dewani case (Anni Hindocha's murder) – was a planned hit on the woman, and the other one was an accident in Cape Town," Sisulu said.

Although Sisulu did not say how many tourists were robbed during the same period, she said the government had successfully addressed their robbery complaints in the past.

"A few years ago, tourists would complain that they were followed from Johannesburg airport and robbed along the way to their hotel. The former minister looked into this matter, and we ensured that everyone who comes into the airport is followed through and warned about the possibility of being followed," she said.

German Ambassador Andreas Peschke commended the government's swift response and acknowledgment of its responsibility to ensure tourist safety.

He said Germany was one of South Africa's biggest tourism markets, and efforts to attract more visitors from that country would continue.

"[Germany] is the third largest tourism market for South Africa... We still plan to bring a direct flight from Germany to Mbombela (in Mpumalanga) to increase the possibilities of exploring this beautiful country... We have the impression that the government is fully aware of the situation and is taking the necessary steps. We are ready to cooperate," he said.

The three German tourists who survived Monday's incident flew back home on Wednesday after arriving in the country on 20 September.

According to the tourism department, they spent their first five nights in Cape Town, and the next four nights in Durban. They then travelled to the Drakensberg, where they stayed for two nights.

They were driving to their accommodation in the Kruger National Park when they encountered the armed men on Monday.

Sisulu said the tourist's body would be repatriated to Germany on Thursday. His wife had asked to travel with it on Wednesday, but this was not possible.

"We hired a plane from Mpumalanga because we intended that the wife should take the body back home. She had wanted to take the body home because she wanted to arrive with her husband so that her children were assured that he was finally back home, but this could not happen because of the German immigration requirements. We will be here at the airport tomorrow (Thursday) to ensure there is a good send-off of the body back home."

While police indicated in a statement on Wednesday evening that three people had been taken in for questioning in connection with the murder, Police Minister Bheki Cele said the suspects had been arrested.

Gauteng has a new premier in former MEC for education Panyaza Lesufi who was elected during a special sitting of the legislature on Thursday.

Lesufi defeated Democratic Alliance candidate Solly Msimanga by 16 votes. He received 38 of the 60 votes that were cast while Msimanga got 22.

There were 13 members that did not vote.

His election comes as a result of the resignation of former premier David Makhura who has been at the helm of the province since 2014.

The African National Congress (ANC) in Johannesburg said the Democratic Alliance (DA) and ousted Johannesburg City Mayor Mpho Phalatse were desperately trying to hang on to power.

On Monday the DA and Phalatse submitted papers at the Gauteng High Court to try to reverse Phalatse’s removal from office and the election of Dada Morero as the new mayor.

ANC Johannesburg secretary Sasabona Manganye said the latest moves by the DA and Phalatse confirm their “arrogance and anti-democratic tendencies” that had led to a failed multi-party government in Johannesburg.

“We have taken note of papers submitted to the Speaker of Council Colleen Makhubele and the Executive Mayor of the City of Johannesburg and are confident that both the Speaker and Mayor will successfully defend the matter and not be distracted from the immediate tasks that require their attention, that being serving the residents of Johannesburg,” said Manganye.

Incoming Gauteng Premier Panyaza Lesufi is expected to reshuffle his cabinet when he assumes office, the African National Congress's (ANC's) provincial executive committee (PEC) said during a press briefing on Wednesday.

Provincial secretary Thembinkosi "TK" Nciza said "the new premier always comes with his own cabinet".

Nciza refused to comment further on Lesufi's replacement.

"We will have to await the new premier's announcement of his own cabinet; it's his prerogative," Nciza said.

He warned that no one "owns any positions within the ANC" and that members should not take offence if they are moved to a different portfolio or if they are not considered for any of the 10 MEC positions.

Lesufi declined to comment on the looming reshuffle and said: "I don't even have a draft list as it stands.

"The choice does not lay entirely with me; I must consult with the ANC and then the alliance before we can announce the new MECs," he said.

PEC members who were part of the deliberations said Finance and e-Government MEC Nomantu Nkomo-Ralehoko, who was Education MEC for a day in May 2019, could replace Lesufi.

A PEC member who spoke to News24 on condition of anonymity added that Bandile Masuku, a staunch ally of the incoming premier, was another name that was mentioned.

"While Masuku's name has been discussed, the province is aware that it would be a hard sell to the ANC national office bearers and alliance partners, given the allegations that led to him vacating his position as Health MEC," the PEC member said.

Talks of a possible reshuffle come after the ANC in the province received and accepted the resignation of outgoing premier, David Makhura.

Transition

The PEC said on Wednesday: "The resignation by Makhura was informed by his desire to facilitate a smooth transition and to afford the newly elected provincial leadership space to run a far-sighted and inventive campaign towards the 2024 general elections."

Makhura served as the province's sixth premier since 2014.

Taking over the reins, Lesufi said the ANC in the province had a clear plan on how to turn around declining electoral support.

He added that the provincial leadership had a plan in place in the lead-up to the looming national elections, which it kickstarted through meetings with every ANC branch in the province, outlining its vision and how to take the party forward.

Ousted City of Johannesburg Mayor Mpho Phalatse said on Wednesday she and her party, the Democratic Alliance (DA), were confident the Gauteng High Court will declare last week’s council meeting in whch she was ousted a mayor irregular and unlawful.

Phalatse was removed as the mayor of Johannesburg in a special sitting and replaced with African National Congress (ANC) councillor Dada Morero.

On Monday, Phalatse launched a court bid to overturn her removal as Johannesburg mayor. The matter will be heard on October 11.

“I will continue to fight with and for the people of Johannesburg, and the next round of that fight is our court application to have last Friday’s sham council sitting declared unlawful. The sitting, rushed through by the new Speaker Colleen Makhubele, in order to vote me out of office before a court could stop her, was irregular and unlawful and we are confident that the court ruling will confirm this,” she said.

She said this fight was not hers but that it was for the people of Johannesburg and added that the DA needs to fight on principle.

Briefing the media, Phalatse introduced herself as Johannesburg’s Mayor - despite the council having appointed Morero.

“I introduced myself as Johannesburg’s Mayor because I believe that sitting was a sham, and the decisions taken there unlawful. I believe a court will soon confirm this view. As far as I’m concerned, I still have a duty of service to the residents of Johannesburg - a duty which I intend to perform to the best of my ability,” she said.

She stated that she would not back down at the hands of a takeover by a corrupt few.

She asserted that she would keep the promises she made to the residents of Johannesburg before last year’s elections, and when she took office in January.

Phalatse went on to say that the recent events in the Johannesburg Council have dealt a major blow to the progress the DA made in the City since the beginning of the year.

“Turning Johannesburg around after decades of corruption and mismanagement was never going to be quick or easy, but I am proud to say that our coalition government has made great strides in a very short time,” she said.

She cited the R2.8-billion invested in the city’s water infrastructure, a 157% increase in the arrest of cable thieves, and the 1 800 new JMPD officers deployed in the inner city.

However, she said all the successes were brought to a halt last week when the ANC was let back into office.

The DA will ask the court to set aside all decisions taken by Morero since his appointment.

“And then I want to get back to work, because every day wasted on these cynical plots and schemes is a day we could have spent fixing something in this broken city. We have so much to do and we really cannot afford this distraction,” she said.

RIFT IN THE PARTY

Phalatse dispelled speculation that there was a rift in the party and affirmed that she had the full backing of the DA and its national leadership.

“And we have always remained united in our mission, which is to offer Johannesburg’s 6-million residents a government that truly cares for them. Our work here, to bring dignity to Johannesburg’s vulnerable and neglected communities, and to restore this city to its rightful place as this continent’s beating economic heart, has only just begun,” she added.

She highlighted that it was a pity that some who have abandoned the multi-party coalition have now given power back to the ANC. She called on coalition partners to reconsider.

“They have shown that a vote for parties that let us down is actually a vote for the ANC. I will not allow the coalition of corruption to simply waltz back in and undo everything we’ve accomplished here,” said Phalatse.