Global South African Weekly News Wrap Up 3 May 2012

Contents
Alliance bid to project May Day unity ....................................................................... 2 Cosatu president backs Zuma .................................................................................... 3 Cosatu at a crossroads ................................................................................................. 5 Nzimande urges united anti-corruption fight............................................................ 7 ANCYL to meet over Malema .................................................................................... 8 Zuma honours SA's heroes ......................................................................................... 9 SA has made progress: Zuma ................................................................................... 10 Each one of us must help the miracle happen ......................................................... 11 How history haunts us ............................................................................................... 12 Top graft buster targeted .......................................................................................... 16 Fight against graft 'dismal' ....................................................................................... 19 Faku's re-election a blow for Zuma's ambitions ..................................................... 20 Angry youth league won't replace Malema ............................................................. 22 Horror story of Zimbabwe must keep us on right track ........................................ 23 Discipline is dead, not Malema ................................................................................. 25 Why Cosatu is quiet over Mangaung ....................................................................... 29 SAs nuclear tender attracts some of worlds energy giants .................................. 31 DA champions Manuel's development plan ............................................................ 32 Press report could be new era for print media........................................................ 34 'Predator police' in reign of terror ........................................................................... 35 Our gangster state ...................................................................................................... 37 Mdluli's night of the long knives............................................................................... 39 Prosecutor guns for NPA........................................................................................... 42 R52m for sitting at home ........................................................................................... 43 ANC urged to rethink Turok case ............................................................................ 45 Malema deleted on ANCYL site ............................................................................... 46 Duarte slams Malema jibe......................................................................................... 46 In death, ANC politics continues to play its part .................................................... 48 Private sector gets lead role in Western Cape growth agency ............................... 49 Signs of end of media tribunal .................................................................................. 50

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30 April 2012 Business Day Page 2 Wyndham Hartley

Alliance bid to project May Day unity

Political heavyweights will be out in force tomorrow as the nation celebrates Workers Day, with the centrepiece involving the Congress of South African Trade Unions (Cosatu) taking place in Mangaung (Bloemfontein). Mangaung is, of course, where the ruling African National Congress (ANC) recently celebrated its centenary and will be the site of the organisations next elective conference in December. President Jacob Zuma will be joined by Cosatu president Sdumo Dlamini and South African Communist Party secretary-general Blade Nzimande (also minister of higher education and training) at Cosatus main May Day rally. The labour movement has 15 more rallies planned across the country to celebrate Workers Day. In East London, Cosatu secretary-general Zwelinzima Vavi will share the platform with ANC secretary-general Gwede Mantashe and SACP deputy general secretary Jeremy Cronin (also deputy transport minister). Given the composition of those who will be on the various platforms there is clearly an attempt to put unity within the tripartite alliance in the spotlight. This will come after the recent acrimonious exchanges between Cosatu and the government over plans to implement e-tolling as part of the process to upgrade Gauteng roads. On Monday, there will be further protests and blockades on some routes. This might also be a test of unity of those participating. Mr Zuma will again be in the spotlight on Wednesday when he welcomes President PratibhaPatil of India on a state visit to SA. The visit will last until May 8. A statement from the last Cabinet meeting said "although the visit will focus on the strengthening of political and economic relations between SA and India, much of the programme will be extended to pay pilgrimage on the Gandhi Heritage Sites, where Mahatma Gandhi set a footprint during the years he spent in SA".

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India is a key partner with South Africa in the India-Brazil-SA grouping (Ibsa) and in the broader grouping known as Brics when China and Russia are added. Various ministers will come under scrutiny during a shortened parliamentary week when they present their budget votes to the National Assembly. On Wednesday, Social Development Minister Bathabile Dlamini and Water and Environmental Affairs Minister Edna Molewa will present their reports for the past year and their plans for next year. They will put their cases after a debate on the floor of the house on the topic of Freedom Day. On Thursday, Tourism Minister Marthinus van Schalkwyk , Agriculture Forestry and Fisheries Minister Tina Joemat-Pettersson and Arts and Culture Minister Paul Mashatile will be in the spotlight when they present their budgets to the assembly. Parliaments police committee will meet on Wednesday, Thursday and Friday to deliberate on the controversial South African Police Service Amendment Bill, with Friday set as the date for its adoption. The bill, which is an attempt to comply with the Constitutional Court ruling that the Directorate for Priority Crime Investigation (the Hawks) was not sufficiently independent from political interference, was resoundingly rejected by civil society organisations during public hearings last week. The criticisms were that the bill still did not go far enough in ensuring an absence of political interference as is required by a number of international anti-corruption protocols to which SA is a signatory. There will undoubtedly be robust debate over whether the bill should be approved in its current form.

2 March 2012 The Times Page 4 Kingdom Mabuza, Khutala Nandipha and Canaan Mdletshe

Cosatu president backs Zuma

Dlamini, who was flanked by Zuma and SACP general secretary Blade Nzimande at the main Workers' Day rally in Botshabelo, the Free State, yesterday, said that the labour federation will work with the current ANC leadership towards Mangaung and beyond.

The controversial head of police intelligence, Richard Mdluli, attended the rally. He was flanked by uniformed officers, was constantly on his cellphone and repeatedly retreated behind doors in the VIP area. Dlamini said Cosatu's position leading to Polokwane in 2007 had not changed and the labour federation was pleased with the current ANC leadership.

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"Leading to Polokwane, we said as Cosatu that we need a certain character of leadership, and we said we will support that leadership and support the resolutions of Polokwane. "We will work with that leadership as we go to Mangaung and beyond. There is nothing that has changed from the position we took leading to Polokwane. We still stand at that position and nobody must be confused," Dlamini said. His comments were made a few days after Cosatu's highest decision-making body, the central executive committee, publicly stated that it would not endorse an ANC leader as it did in 2007. But Dlamini's pledge to support Zuma "beyond" Mangaung appears to be an endorsement of him. Zuma is to face a test of his leadership when the ANC holds its national elective conference in December. Dlamini's call is in contrast to the labour federation's central executive committee statement last week that stated that Cosatu would not endorse any individual for a leadership position in the ANC. "Cosatu will not be won over into any faction this time around, because that's now the binding policy on all of our leaders; you will not endorse any person unless it is the decision of the central executive committee," Cosatu's general secretary, Zwelinzima Vavi, said in the presence of Dlamini after the meeting. The Workers' Day rallies in other parts of South Africa attracted less than the expected numbers. In Eastern Cape, Vavi shared the stage with ANC secretary-general Gwede Mantashe. Mantashe told about 1000 members to "pull themselves off the bottom" and not take socioeconomic and political criticisms personally. Mantashe threw down a challenge to Cosatu and the SACP to apply for leadership within the government and not see themselves only as leaders within their own structures. In his speech, Vavi focused on the e-tolling system in Gauteng and the federation's continuing fight to force the government to scrap labour broking. His counterpart, SACP general secretary Blade Nzimande, said the Gautrain and the e-tolling system in Gauteng did not help the transport problems of South Africa's workers or the poor. Nzimande said these projects were essentially directed at making profits at public expense.

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Zuma, who spoke at the Free State rally, avoided party politics but focused on narrating the historical victories of workers and organised labour worldwide. In KwaZulu-Natal, Young Communist League national secretary Buti Manamela warned workers to guard against "Superman and Batman" politicians whose interests were in positions. The central committee member of the SACP also warned against "comrade tsotsis, whose desire to fill their pockets has replaced comradely love and virtue". 2 March 2012 The Times Page 13 S'Thembiso Msomi

Cosatu at a crossroads
But what the federation and its affiliates are faced with is much more fundamental than whether President Jacob Zuma will be more suitable to lead the ANC beyond 2012 than, say, his deputy, KgalemaMotlanthe, businessman Cyril Ramaphosa or Human Settlements Minister Tokyo Sexwale.

As they celebrated Workers' Day yesterday, Cosatu leaders would have gone out of their way to demonstrate that unity was still strong within their ranks. But sceptics would argue that the manner in which Cosatu and the ANC alliance leaders were deployed to various rallies yesterday reflected the divisions as the ANC's elective conference in Mangaung gets closer. They would ask why, at what was billed as the "national rally" in Bloemfontein, Cosatu wasn't represented by its most prominent official, general secretary ZwelinzimaVavi. Instead, presidentSdumoDlamini, the second-most powerful leader in Cosatu, shared the stage with Zuma and SACP general secretary Blade Nzimande. Could this have something to do with the claim in various media that Vavi and Dlamini hold different opinions about whether the trade union movement should back Zuma's bid for a second term? Perhaps. But to reduce the differences in Cosatu to a personality clash between its president and its general secretary would be to grossly downplay the policy choices confronting the trade union giant. Eighteen years into democracy, the union movement finds itself in a difficult conversation with itself about its future and its relationship with the ruling party.

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With two years to go before South Africa reaches 20 years as a free and non-racial society, organised labour has to ask itself if the alliance with the ruling party has been of benefit to the working class and whether, if it continues in its current form, it will bring about the radical economic changes Cosatu would like to see. The majority of Cosatu affiliates seem in agreement that the alliance with the ANC and the SACP should continue, but there is disagreement on how it should be configured going forward. As they stand at the crossroads, unions such as the National Union of Metalworkers of SA are agitating for a left turn, arguing that trade unionists should swell the ranks of the ruling party and ensure that their leaders dominate in the new ANC national executive committee that will be elected in Mangaung. This approach also involves removing from the NEC those leaders perceived to promote the conservative and pro-business economic policies preferred by government for the past 18 years. It is a strategy that the labour federation adopted in the run-up to the ANC's Polokwane conference five years ago. It failed spectacularly, largely because the federation's leaders were so consumed by their efforts to ensure a Zuma victory that they neglected to ensure that worker leaders made it onto the NEC. This year, the strategy is likely to face stiff resistance from ANC members who resent what they call an attempt at "organisational capture" by Cosatu. If the outcome of the Nelson Mandela metro ANC regional conference - at which a Cosatu-backed ZanoxoloWayile failed to garner enough support to be nominated as challenger to incumbent chairman NcebaFaku - is anything to go by, the chances of this strategy succeeding are as non-existent as a Doctor Khumalo-coached Kaizer Chiefs winning the Premier Soccer League. The Nelson Mandela metro, which encompasses Port Elizabeth, is a strong workingclass base and if a unionist can't win an ANC election there what hope is there elsewhere in the country? And then there are the likes of the National Union of Mineworkers and other Cosatu affiliates whose leaders are closely linked to the SACP leaders. This group believes in continuing along the route Cosatu has taken for much of the past 18 years - forming tactical alliances with the key ANC leaders they consider to be more "progressive". By backing particular leaders within the ruling party these unionists believe that labour's voice would carry more weight in the corridors of power once those they helped to win take office. The experience of the last five years, however, shows that this approach, too, leads to a cul-de-sac.

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Once in office, even those who are indebted to the federation for their political fortunes tend to say they are there by a "broader mandate" of the "broad church" and do not to represent "the narrow interests" of the labour movement. There is also a tiny minority that is agitating for Cosatu to form a "Labour Party" and go it alone. These, however, are insignificant voices that are unlikely to gain momentum for at least another five years. Besides, the experience of a number of trade union-backed labour parties in Southern Africa over the past 20 years has not been inspiring. They have tended to be as corrupt and undemocratic as the "nationalist" movements they sought to replace. A more realistic option for Cosatu would be to revive the idea of an election pact with the ruling party. The problem all along has been that the labour movement tends to give a blank cheque to the ANC during elections. All it insists on is that a few of its former leaders are appointed to the cabinet and others made MPs. To put an end to the love-hate relationship that has been the state of the alliance for the past 18 years, and given that Cosatu won't break away from pact, it is time the federation put the reconfiguration of the alliance back on the agenda to ensure it has a more meaningful voice.
2 May 2012 The New Age GetrudeMakhafola

Nzimande urges united anti-corruption fight

Sacp general secretary Blade Nzimande yesterday called on workers and labour leaders to fight corruption with Cosatu. Nzimande was speaking at the national Workers Day rally in Botshabelo outside Bloemfontein. ANC president Jacob Zuma and tripartite alliance leaders also addressed the crowds. Nzimande said: Cosatu is seen by some as a business opportunity by those dealing with provident funds and insurance. They seek ways to buy labour leaders in order to gain access to those millions. We need to fight corruption within trade unions and stop leaders from being bought by big corporates. He said the tripartite alliance should be strengthened. We have a huge responsibility to defend our alliance. We also condemn those who attack the ANC. An attack on the ANC is an attack on the SACP. In an attack on the media, Nzimande said leaders should not allow themselves to be divided by the media. They select some of the leaders

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and splash them on TV and front pages and use them as heroes in order to attack our leaders. Let us not be divided by so-called leadership debates run by the media, we know these are not innocent debates but are aimed at dividing the leadership. 3 May 2012 The New Age Sapa

ANCYL to meet over Malema

The ANC Youth League is to hold a national executive committee (NEC) meeting this weekend to decide on the league's future, the SABC reported on Thursday. "We are going to have an NEC [meeting] over this weekend and we are going to inform the nation of the direction of the Youth League," league deputy president Ronald Lamola said in Cape Town on Tuesday night, the broadcaster reported. He said the ANCYL was not in crisis following the announcement of the expulsion of its president Julius Malema from the ANC on April 24. "The Youth League is not a crisis and we are convinced that through political engagements and through processes within the ANC... we will be able to support the president of the Youth League, comrade Floyd, [and] comrade Sindiso Maqaga." Spokesman Floyd Shivambu and secretary general Sindiso Magaqa were also suspended from the ruling party for three years and one year respectively. Malema was originally suspended for five years for sowing division in the party and for bringing it into disrepute. He was found to have done so by unfavourably comparing the leadership style of President Jacob Zuma to that of former president Thabo Mbeki, and for remarks on bringing about regime change in Botswana. He unsuccessfully appealed, but was granted leave to present evidence in mitigation to the ANCs national disciplinary committee. However, on February 29 it announced the sanction against him was being increased to expulsion. He again appealed and it was this appeal that the ANC's national disciplinary committee of appeal (NDCA) dismissed on April 24. The NDCA also dismissed an appeal by Shivambu. Like Malema, Shivambu was found guilty of sowing division and bringing the ANC into disrepute. He was suspended from the ANC for three years

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for swearing at a journalist and for issuing a statement calling for a change of government in Botswana. Magaqa's appeal against his suspension was also dismissed, but it was reduced from three years to one year with immediate effect. He was ordered to vacate his position. Magaqa was punished for making derogatory remarks about Public Enterprises Minister Malusi Gigaba. Initially, his suspension was contingent on him apologising to Gigaba within 15 days. Magaqa apologised to Gigaba in a statement sent to the media on March 10. 29 April 2012 Sunday Times Page 6 Monica Laganparsad

Zuma honours SA's heroes

The first-year accounting student from Klerksdorp in North West jumped into a river running through a golf course without hesitation. After rescuing the 14-year-old who had got into difficulties, he drowned. On Friday night, Janse van Rensburg's heroic action was recognised by President Jacob Zuma when he was posthumously awarded the Order of Mendi for Bravery at a ceremony at the Presidential Guest House in Pretoria. The Presidency rolled out the red carpet on Freedom Day to celebrate South Africans who made an invaluable contribution to the country. Among the 31 recipients were musician Johnny Clegg, the late activist Peter Mokaba, five former ANC presidents, the late US Senator, Edward Kennedy, Dr Patience Mthunzi, dancer Gladys Agulhas, playwright MuthalNaidoo, the late unionist Elizabeth Honman and journalist and press ombudsman Joe Thloloe. Said Zuma: ''We honour all those who were at the forefront of our struggles, who through their political activism, working class leadership guided and inspired our people to its ultimate destination." He said among those honoured were some from less celebrated fields that included scientists, engineers, teachers, nurses and those from aviation, arts and sport. ''We are honouring all who made a very important contribution to this country and continue to make us proud to be South Africans by making history in their diverse avenues."

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Janse van Rensburg's father, DawieJanse van Rensburg, who accepted his son's gold medal, said: ''I still haven't got words for it. We are very proud of him. We are very sad that he is not here to receive the award." A dapper Oliver Tambo jnr, the 13-year-old grandson of the late Oliver Tambo, and son of Dali Tambo, accepted the award on behalf of his late grandfather. The spunky teenager, who raised his fist in the amandla (power) salute, said:''I literally felt his legacy ... it was an honour to receive it on his behalf. " A surprised Thloloe said he was excited to accept the award for his contribution to journalism. ''I was very surprised especially if you consider the tension between the media and the ANC," he said. Clegg, who accepted the award for his lifetime contribution to music, was a crowd favourite as star-struck guests queued for a picture with him. He said he was on tour in New Zealand when he received the call from the Presidency. ''It was a very special moment for me ... it takes me back 30 years where it all started. It's been a long journey," said Clegg. Edward Kennedy jnr, the son of the late Senator Kennedy, flew in from the US to accept the award on behalf of his father. Kennedy was honoured for his support and tireless efforts to campaign for freedom in South Africa. Said Kennedy jnr: ''This was a real family issue for me ... we are honoured that the government of South Africa have given us this recognition." 27 April 2012 The New Age SandileHlangani

SA has made progress: Zuma

In the past 18 years South Africa has seen huge progress towards building a non-racist, non-racial and non-sexist country that our heroes fought for, president Jacob GedleyihlekisaZuma said on Friday. President Jacob Zuma was delivering his address at the Freedom Day celebrations at the Union Buildings on 27 April.

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He said that today the coulour no longer determines the salary and the positions people should occupy in the work place. These are the successes that we have made as the country and we need to cherish these moments, he said. 29 April 2012 Sunday Times Page 1 Desmond Tutu

Each one of us must help the miracle happen

Many South Africans are feeling a profound sense of anxiety - and, increasingly, disillusionment - over the moral and spiritual wellbeing of the nation. It seems that every time one picks up a newspaper or switches on the television, there are new stories of corruption in government, of nasty competitiveness for leadership positions in the ruling party, of a crisis in education, of so-called service-delivery protests that regularly turn destructive, of the most horrendous incidents of violent crime. And, instead of narrowing the gap between rich and poor, we have allowed it to become a dangerously yawning chasm. Most alarmingly, we have evolved over the 18 years of our democracy from an organised nation of activists for social change - for common good - to a nation apparently preoccupied with the accumulation of personal wealth. In 1994, when we all voted for the first time, we hung up our activist T-shirts and ceded total responsibility for our lives to our newly elected government. Then we folded our arms and waited for the miracle of better lives to be bestowed on us, a nation of passive recipients awaiting government largesse. When it isn't forthcoming, we organise service-delivery protests. Of course, there is nothing wrong with criticising the government where criticism is due, but we equally need to look deep inside ourselves each one of us - and ask what we can contribute to creating a better society. What can we do to hold the government accountable for its spending? But also, what can we do, as an active and organised citizenry, to improve conditions ourselves? Surely it's possible for parent bodies to get together for one day every year to paint and spruce up our children's schools. Surely our church congregations and our community-based organisations should be sufficiently active to be able to avoid most preventable deaths of infants. Surely if we took responsibility, we'd be able to reduce our terrible road-accident rate. If we raised our

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children with decent values, surely incidents such as the gang rape of the apparently mentally impaired teenage girl in Soweto 10 days ago could never have happened. It starts within us, with the recognition that we do not live in a vacuum. Each one of us is a constituent part of a greater organism: our community, our country, our continent, our world. We are a deeply wounded people. We carry the recent scars of apartheid and the ingrained hurt of centuries of colonialism before that. Some of us feel superior to others, and some feel inferior. For generations, instead of following the universal golden rule of reciprocity, to love one another as ourselves, we have been trained to be mistrustful, to dislike - even to hate. If we are to improve our performance, we must improve our teamwork, which begins with our own understanding that we are members of one team. Our hopes and aspirations are tied up not just in ourselves and our own material wellbeing, but also in each other. For the organism to prosper requires healthy cells. I was criticised last year for suggesting that the wealthy, most of whom are white, should seriously consider contributing some of their riches to improve the lives of the poor, as a magnanimous gesture. Surely it is not outrageous to suggest that it would be in the interests of the "haves" to contribute to a more equitable, stable and sustainable society? If not in cash, then in kind. But it is not only the relatively well-off who should contribute. The poor, too, have a responsibility to roll up their sleeves and participate constructively for the common good. Living in filthy and unhygienic conditions is not necessarily a product of poverty. Ensuring that our children go to school every day, joining neighbourhood watches and other community initiatives, cooking a meal for an elderly neighbour, getting involved and plugging in, these are contributions that do not depend on wealth. You know what? the world. And I are meant to success it has God has blessed us with a wonderful country, the best in God has blessed us, each one of us, with gifts. You and work together to make South Africa the scintillating within it to become.

29 April 2012 Sunday Times Review Page 1 Jeremy Cronin

How history haunts us

But in many fundamental ways the South African debate has been trapped in an unhelpful tit-for-tat polemical exchange on something crucial to shaping how we respond to our challenges. The flippant dismissal of the weight of the past on our collective present is just as unhelpful as

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its opposite, a simplistic evocation of that past as an alibi for our own weaknesses. Both have tended to produce shallow explanations for the deep-seated challenges we confront. In the first place, there is a problem with both key words - "blaming" and "apartheid". Surely the point is not to blame (or exonerate) the past, but to analyse its continuing impact on the present. What about "apartheid"? We readily characterise the past 18 years as "postapartheid". But that often obscures more than it reveals. Apartheid was a mid-20th century political project of the National Party, but it was not disconnected from a much longer global and local history. Treating apartheid as a stand-alone evil disconnects it, in the first place, from 500 years of colonial conquest, and from persisting patterns of global inequity and neo-colonial domination. In our post-1994 euphoria, we too often imagined we were the naughty prodigal finally "returning" home to a mythical happy family of nations. Of course, South Africa's history also has its own specific features not least that we have seemed to combine, and continue to reproduce, in one society, both a "first" and a "third" world, cheek by jowl. It is a duality that is precisely linked to our own particular colonial history. In the 1960s and '70s it was fashionable in many (largely white, English-speaking) liberal circles to forget their own past and blame apartheid on the backward, "frontier" mentality of the Afrikaner. This was a convenient way of exonerating British colonialism, the Chamber of Mines and its related banking oligopolies, and the complicity of much anti-majoritarian liberalism for all that had preceded apartheid. Yet, the key cornerstones of the invidious apartheid system were laid long before 1948 - land dispossession; native reserves; indirect rule through compliant, hand-picked "traditional" leaders; pass laws; the migrant labour system; a racialised labour market; and urban segregation. Apartheid was a more aggressive application of these measures in the face of the deepening crises of the earlier segregationist policies. If we are to analyse our past, the better to understand and transform our present, then we might begin with a simple question. Why was our colonial history different from, say, West Africa's? A large part of an answer is that our temperate climate encouraged European settlement on a scale not viable in, say, Equatorial Guinea. Which then begs the next question: why is South Africa's present not more like other temperate zones of extensive European colonial settlement, say Australia? An important part of an answer lies in the relative resilience of our indigenous, pre-capitalist agricultural societies in the face of military aggression and colonial dispossession (compared with the genocidal near-extinction suffered by more scattered hunter-gatherer societies in both South Africa and Australia). Here indigenous African communities survived as an overwhelming majority into the 20th century, with languages and cultures battered but intact. This awkward dilemma for colonial circles became known delicately as "the native question". It was in this specific reality that the decisive process that was to shape modern South Africa occurred. It was the introduction, from the outside, of an advanced, capital-intensive, mining-based, industrial

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revolution in the last quarter of the 19th century. I don't believe we have given remotely enough weight to understanding the impact on the present of this reality. For several decades, the South African hinterland became an early equivalent of today's Shenzhen, a magnet for foreign direct investment in the previous major phase of capitalist globalisation. The geological, geographic and administrative challenges for extracting South Africa's mineral riches required high levels of capital intensity, a skilled artisanal base, extensive logistic connections to distant colonial ports, and an Anglo-Boer War. The industrial revolution in South Africa did not emerge organically out of local small-scale, artisanal manufacturing. It arrived out-of-the-box in a highly developed, oligopolistic form as massive joint-stock companies focused on extraction of mineral wealth for external benefit, linked into finance capital and supported by the world's largest military force of the day. It is impossible to understand our present and its challenges without understanding this history. What once propelled spectacular growth has shaped and distorted South Africa's economy and our broader social, political and spatial realities ever since. South Africa's economy is still excessively dependent on the export of unbeneficiated minerals. Our manufacturing sector, with exceptions, is weakly developed, as is the small and medium enterprise sector. The dominance of the mineralenergy-finance complex is hard-wired into our society. Take a relatively small but telling example of how inherited distortions came to be "normalised". Thanks to work by the National Ports Regulator, we have only recently discovered significant anomalies in our port levies regime. Port charges at our Saldanha iron ore export terminal are 47% below the global average for similar terminals. Our coal export terminal port charges are 37% below the global average. By contrast, our port charges on a full container for export (basically on locally manufactured goods) are about 415% more than the global average, and cargo dues 935% more! Bear in mind that iron ore mining creates on average about 500 jobs, coal mining about 1000 jobs, and manufacturing about 3700 jobs for every R1-billion of production - and you begin to get an inkling of one of the myriad ways a particular history has distorted our economy. But if our mining-led industrial revolution required high levels of capital intensity, it also, paradoxically, required vast quantities of cheap (which is to say coerced) unskilled labour - and here all of the earlier colonial mechanisms to deal with the "native question" kicked in with a vengeance and a new dynamic - indirect rule, "native" reserves, pass laws, racialised spatial engineering. Migrant labour, whose cost to capital was subsidised by families locked into poverty-stricken subsistence in so-called homelands, is no longer a central feature of our labour market. But through the 20th century, segregationist urban settlement controls increasingly reproduced the same structural reality. The black working class was settled in remote, peri-urban reserves, dormitory townships, far enough away from the commanding heights of power and wealth to be contained and controlled, close enough to be migrated daily to work in factories, shops and white suburban homes.

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Once recognised, it is relatively easy to effect progressive changes to our port charges, for instance. This is exactly what lay behind President Zuma's February announcement of a R1-billion rebate on port charges for manufactured exports. It is considerably more complex to develop a comprehensive policy to tackle the web of many other factors that continue to strangle the development of our industrial base. When we do try, we are told the state "shouldn't second-guess the market". But business as usual will simply reproduce all our structural flaws. The same deep-structured challenges apply to our distorted, racialised urban geography. Black workers and the urban poor continue to be hugely disadvantaged by their geographical marginalisation in dormitory townships. The average public transport trip in London is 8km; in Tshwane it is 26km. We won't overcome the dormitory township syndrome just through delivery of more RDP houses to the same faraway localities, or more bus subsidies for the same daily migratory haul, especially if a large slice of the resources available are used on freeways and other multibillion-rand infrastructure for private-cardependent middle classes. There has to be a determined effort to tackle the root causes of ongoing exclusion, to break the racialised pattern of urban sprawl and of displaced dormitory townships. We need integrated public transport systems, mixed-use, mixed-income human settlements, and relatively dense corridor development. What about the state? After 1994 we borrowed the Thatcherite "new public management" model designed to downsize a Weberian welfare state - it was a bad cure for a disease we didn't have. Our problems were quite different. We failed to appreciate, for instance, the weight of the colonial and apartheid legacy of indirect rule on our bureaucracy. As Ivor Chipkin notes in a recent important study on the institutional history of South Africa's public service, in 1994 we inherited nearly 650000 homeland officials schooled in dysfunctional administrations, operating not according to Weberian impersonal standing orders, but through patronage and personal rule. Reshaping the state along Thatcherite lines into a tendering-out and fragmented reality in these circumstances has often produced a toxic mix of poor accountability, weak capacity, and an inadequate public service ethos. To carry forward structural transformation (whether of our economy, our social spaces, or our state) requires a sober analysis of the systemic ways in which the past continues to distort our present. Business as usual, growth (even 7% growth) along the same growth path, valiant efforts at "service delivery" through top-down patronage into the same endlessly reproduced zones of desperate need - none of these will catalyse the systemic transformation required. It is not a question of simply blaming or exonerating "apartheid". Let's rather work together to appreciate the huge weight of the past on our present, and to appreciate the collective effort required to transform our often dysfunctional reality. Cronin is deputy general secretary of the SA Communist Party and deputy minister of transport

2 March 2012 The Times Page 1

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Chandr Prince

Top graft buster targeted

Breytenbach - who headed the fraud and corruption case against crime intelligence boss Lieutenant-General Richard Mdluli and several other high-profile South Africans, and is regarded as a no-nonsense corruption buster - has in the past three weeks been the target of a shooting and an attempt to force her off the road while on her way home.

Following the shooting on April 11 and the road attack on April 25, the National Prosecuting Authority yesterday said it would, together with the police, conduct a security and risk analysis. Her safety will be the subject of a parliamentary discussion. NPA spokesman MthunziMhaga said the authority's internal security and risk unit would urgently discuss Breytenbach's safety with law enforcement agencies to determine whether she needs protection. This could include round-the-clock body-guards if a serious threat is identified. "We're concerned about her life being at risk .protection or the facilitation of protection of NPA employees is done when a threat is identified during a risk assessment," said Mhaga. If given protection, Breytenbach will be the second prosecutor dealing with allegations against Mdluli to be placed under police guard. Last year, April KholekaGcaleka - who prosecuted Mdluli in a case involving murder, kidnapping and defeating the ends of justice - was also placed "under protection". She was on several occasions escorted from the Boksburg Magistrate's Court by two armed policemen and driven away in a police vehicle. At the time, Johan Burger, a senior analyst at the Institute for Security Studies, said the two most likely scenarios in which Gcaleka would be assigned a police escort were if there were "a typical Mafia-style crime network, in which case everyone involved in the trial should be protected", or if Mdluli's influence were "so great that there would be fears about her safety". Breytenbach is understood to have pushed for the fraud case against Mdluli to be continued, but it was questionably removed from the court roll in December. The charges relate to Mdluli's alleged use of state funds to buy a BMW car for personal use, and abuse of the police's secret slush fund. The shooting at Breytenbach's car occurred amid growing suspicions that Mdluli, said to be close to President Jacob Zuma, will be appointed national police commissioner once suspended police boss BhekiCele has left the scene.

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Already, all criminal charges and internal police disciplinary proceedings against Mdluli have been withdrawn. Yesterday, Mdluli joined Zuma and others at Workers' Day events in Bloemfontein. The NPA's concerns about Breytenbach's safety follow reports that her car was attacked in Centurion. Beeld yesterday reported that Breytenbach, regional head of the NPA in Gauteng's specialised commercial crime unit, said she was shot at on April 11 near an off-ramp on the N14 highway while on her way to her home in Centurion. On Wednesday last week, two BMW motorcycles tried to force her off the road while she was on her way to the gym. "If it was an attempt to intimidate me, it was not successful," she said. She reported both incidents to the Hawks, but not to the police because she could not identify her alleged assailants. A seasoned advocate, Breytenbach has been at the helm of sensitive high-profile cases, including the arms deal investigation and the probe into the awarding of mining rights at Sishen to politically-connected Imperial Crown Trading. Kumba Iron Ore subsequently laid a charge of fraud against ICT, and Breytenbach was appointed prosecutor in the case. On Monday, Breytenbach was suspended - three months after being served with a notice of intention to do so. Other than saying that the charges "relate to her conduct in handling one of the cases allocated to her", the suspension letter did not elaborate. Her lawyer, Gerhard Wagenaar, confirmed her suspension by acting NPA head advocate NomgcoboJiba, saying the official reason given was that his client had allegedly abused her powers in the Kumba fraud case. Wagenaar said he did not know how many charges she faced as they had not received a charge sheet. Wagenaar said they would decide on the way forward once they had received more details from the NPA. NPA communications manager BulelwaMakeke said a disciplinary hearing would be convened within about two weeks. Asked about the timing of Breytenbach's suspension, Makeke said the delay was due to correspondence between Breytenbach and the NPA, including clarity and further explanations of issues raised by the authority.

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Breytenbach has not yet reported the shooting to her NPA bosses. Said Mhaga: "[We are] worried that the matter was never reported to our security and risk unit because she is still an NPA employee, although on suspension. "We will follow up this matter with law enforcement and our unit will contact her to get more details and how best to assist her." Hawks spokesman Colonel McIntosh Polela yesterday confirmed that Breytenbach had reported the incidents to his unit immediately after they happened. He, however, said she spoke to a senior Hawks official and specialised crime unit investigators. No official case was opened. "Without an open case, it would be difficult for the Hawks to proceed, but we will follow up on it," said Polela. The shooting - seen as an intimidation attempt - along with Breytenbach's suspension, has outraged the African Christian Democratic Party's Steve Swart, a member of parliament's justice and constitutional development portfolio committee. "It is very clear that this campaign of intimidation is linked to advocate Breytenbach's involvement in high-profile cases, including her resistance to the dropping of charges against crime intelligence boss, Richard Mdluli and [Imperial Crown Trading] and [expelled ANC Youth League president Julius] Malema matters," Swart said. He said prosecutors should be able to perform their duties without fear, favour or prejudice. Swart said the ACDP had previously expressed concerns about the safety of prosecutors in high-profile cases. "This case cries out for such urgent protection. The ACDP calls on the NPA to urgently provide bodyguards for Advocate Breytenbach, considering that she states she is still being followed." Swart said the matter would be pursued in parliament.

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2 March 2012 The Times Page 6 Graeme Hosken

Fight against graft 'dismal'

The Public Service Commission report - presented at a recent Independent Police Investigative Directorate conference in Bloemfontein - revealed dismal performance in investigating corruption in state departments.

The report, by commissionerSelinahNkosi, focused on allegations of corruption made to the National Corruption Hotline since its establishment in 2004, feedback from the police and the independent police watchdog, and the results of national and provincial government investigations of corruption. Nkosi expressed "grave concern" about corruption and the inability of government departments to investigate it rigorously. Nkosi criticised both the police and the police watchdog for their failure to report on their investigations. The National Corruption Hotline had received feedback on only 45% of independent directorate investigations, and on only 53% of investigations by the police . The directorate and the police had closed only 28% and 41% of corruption cases, respectively, Nkosi said. "The lack of feedback is forcing the commission to consider issuing summonses against [state] departments. "The commission believes that all government departments must streamline procurement processes to eradicate corruption, with department heads held accountable if disciplinary action is not instituted within 60 days." Tendersure CEO Werner Coetzee said the cost of corruption to South Africa was estimated to be as much as R675-billion. "We extrapolated this figure from organisations such as the World Bank and World Trade Organisation, which estimate the total cost of a country's corruption being 20% of the total spent on tenders - which for South Africa is extremely frightening," he said. Paul Hoffman, director of the Institute for Accountability, said: "Willie Hofmeyr, of the Asset Forfeiture Unit, estimates that R30-billion goes down the corruption tube through government tenders, and arms-deal expert Andrew Feinstein estimates the value of bribes paid in that deal at R2.1-billion."

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Independent Police Investigative Directorate spokesman Moses Dlamini said the lack of feedback was due to "some matters still being investigated [or] feedback being given direct to the complainants". THE FACTS AND FIGURES 137512 calls received; 14300 possible corruption cases identified; 9582 of the 14300 cases sent to government departments for investigation; Feedback received on only 4859 cases; Of 4859 cases, 3381 finalised; and Of those successfully investigated, 603 officials fired, 226 suspended, 134 fined, 16 demoted, 330 given a final written warning, 190 prosecuted - and R120-million recovered. TOP FORMS OF CORRUPTION Fraud/bribery; Abuse of government resources/vehicles; Mismanagement of government funds; and Identity document fraud.
29 April 2012 Sunday Times Page 4 Sibusiso Ngalwa

Faku's re-election a blow for Zuma's ambitions

The re-election this weekend of former Nelson Mandela Metro mayor Nceba Faku as ANC chairman, in a region that includes Port Elizabeth, is seen as a set-back for Zuma campaigners who are eager for the Eastern Cape's backing in their drive to have the president retained as party leader at the December national conference. Faku was re-elected unopposed after current Nelson Mandela Metro mayor and former trade unionist Zanoxolo Wayile declined nomination as he realised he did not have enough support from branches.

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While Faku is seen as close to the ANC Youth League (ANCYL) and others campaigning for changes in the ANC leadership, Wayile had the backing of the Congress of South African Trade Unions (Cosatu). But in the run-up to the conference, Cosatu and other left-leaning formations were weakened by the SA Communist Party's (SACP) decision not to back Wayile. The SACP preferred its own provincial chairman Mzoleli Mrharha as Faku's challenger. Mrharha did not make the cut - failing to muster enough branch nominations to meet the required threshold to contest. Central to Faku's successful campaign was the ANCYL in the region, partly coordinated by National Youth Development Agency chairman Andile Lungisa. Lungisa, who hails from the area, spent time mobilising support for Faku and even tried to convince Wayile not to contest the leader- ship. But while Faku's election is seen as being a blow for Zuma, he is known to be a supporter of ANC secretary-general Gwede Mantashe. As news of Faku's victory spread on Friday night, text messages began flowing between national ANCYL leaders - congratulating their comrades for having "delivered the conference". But as the triumphant group celebrated in Port Elizabeth yesterday, Zuma jetted into the province to monitor the work of his Masibambane Rural Development Initiative. He addressed a gala dinner in East London last night and will be doing on-site visits in Peddie and Butterworth today. Zuma's visit is seen as part of efforts to consolidate his support in the ANC's second biggest province - in terms of membership - ahead of the conference in Mangaung. Only three Eastern Cape regions are yet to hold their elective conferences - among them the powerful OR Tambo region - which includes Mthatha. The OR Tambo region was instrumental in Zuma's successful campaign to unseat former president Thabo Mbeki as ANC president at the 2007 Polokwane conference. It broke ranks with the then provincial leadership's decision to back Mbeki and opted to support Zuma. But this time around, the region is no longer homogenous, with next month's conference to be contested by a Zuma grouping and a so-called "forces of change" faction - which is made up of those seeking to have the party's deputy president KgalemaMotlanthe become ANC president. 29 April 2012 Sunday Times Page 4 SibongakonkeShoba and Thabo Mokone

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Angry youth league won't replace Malema

Youth league deputy president Ronald Lamola, who, according to the league's constitution, should assume the role of acting president, said his organisation had not yet accepted the expulsion. "Nothing has changed," he said. "Julius Malema is still the president of the youth league. We will ask the ANC national executive committee to review his expulsion. If that fails, we will fight this battle at the ANC congress in Mangaung." Insiders say the decision not to replace Malema and secretarygeneralSindisoMagaqa - whose ANC membership has been suspended for a year - is part of a protest against the punishment imposed on them. The Sunday Times learnt that Malema declined nomination for the vicepresidency of the International Union of Socialist Youth because his backers feared winning the post could lead to Malema spending more time outside SA and to loss of focus in fighting his expulsion. It is understood the league hopes Malema's political career can be saved with the help of, among others, ANC NEC members Matthews Phosa, the party treasurer-general; ThandiModise, deputy secretary-general; Sports Minister FikileMbalula; Northern Cape party chairman John Block; Limpopo premier Cassel Mathale; and Limpopo provincial secretary Soviet Lekganyane. However, this strategy is expected to be challenged by Malema's detractors at the league's next national executive committee meeting. Malema's backers came out strongly in his support this week. ANC youth league structures in the Northern Cape, Western Cape, Limpopo and Eastern Cape lambasted the decision of the ANC national disciplinary committee of appeals. Northern Cape secretary ShadrackTlhaole told the Sunday Times his province was prepared to take up the matter on its own. "The NEC of the youth must sit and we will hear from them as to what we are going to do," he said. "But if there's nothing, we as the youth league in the Northern Cape will do that [petition the ANC NEC]. Even as an individual member of the ANC one can do that because the constitution of the ANC allows it, so we are just patient with the process," he said. MfuzoZenzile, regional secretary of the Dullah Omar region in the Western Cape, said his branch would lobby for the reversal of Malema's expulsion. Eastern Cape secretary MzonkeNdabeni said the action against Malema and Magaqa was "too harsh". "We view it as a mistake or an error of judgment," he said.

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Ndabeni said the youth league in his province was discussing options to fill the leadership vacuum left by Malema's expulsion. "It can't be right that we have a structure without a leader," he said. Lamola said a youth league national general council would be held before the ANC policy conference due in June.

29 April 2012 Sunday Times Review Page 4 MondliMakhanya

Horror story of Zimbabwe must keep us on right track

Wandering around the streets of Harare on April 18 2000 was a most depressing experience. It was meant to be a joyous day, as it marked 20 years since the country had gained independence. The people were meant to be wearing the national flag in their hearts and walking tall as they celebrated the achievements of their nation. You would have expected street parties in the ghettos and the popping of bubbly in the snobbish suburbs. Yet, all you could see on the streets of Harare were long faces. The people of Harare were a miserable sight. All they could talk about was hardship and their once proud country's slide into dictatorship and basket-case status. Everywhere you went, they were bemoaning the betrayal of their country and the ideals of the chimurenga (the liberation struggle) by the ZanuPF elite. Many couldn't wait for the public holiday to be over so that they could return to the foreign embassies to rejoin the snaking visa queues. Others were not even bothering with those formalities and were headed to the border to make their illegal crossings. In his celebratory address, President Robert Mugabe delivered his usual rant about colonialism and imperialism, and the glories of the chimurenga, seemingly unaware of the horror he was visiting on his people. Zimbabweans were right to feel miserable. The country, which in the 1980s had been on the road to relative prosperity, was facing catastrophe. The economy was in free-fall. The currency was becoming the joke of the region as inflation soared. Food and fuel shortages were becoming a norm.

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On the political front, Mugabe was waging war against democracy and doing everything to tighten his grip on power. As the people of Harare said over and over again on that day: there was nothing to celebrate. As we celebrate 18 years of South Africa as a democratic republic, we should be thinking of what scenes will play out on our city streets in 2014, when we mark 20 years of freedom. Will we be looking back on the previous 20 years with pride and gazing at the future with confidence? The report card will largely be a positive one. We will be able to look back on two decades in which strong institutional democracy was built, basic services were provided to millions, international tournaments were spectacularly hosted and our place in the world community was cemented. The scenes at the Union Buildings on Friday were heart-warming. The fact that all political formations -- from the Pan Africanist Congress to the Freedom Front Plus - could line up on a public platform to take turns in pledging loyalty to the republic, the constitution and the wellbeing of citizens should make our chests swell with pride. This is one of the really good habits we have developed as a nation. Let us not unlearn it. We should not unlearn those habits which have earned us the respect and admiration of our continental brethren and the rest of the human community. Zimbabwe did not just arrive at the point it was at in 2000 by accident. Nor did it happen overnight. It was the culmination of a haphazard, but deliberate campaign by Mugabe and those around him to keep Zanu-PF in power by all means possible. They undermined all the institutions of democracy. They went about creating a pliant judiciary by sidelining and strong-arming independent judges, while promoting those with nodding heads. There was a concerted move towards creating a secretive society by curbing media freedoms and denying citizens the right to access information to which they were entitled. Non-governmental organisations and civil-society movements were treated with suspicion. Opposition parties were labelled and treated as enemies, rather than opponents. Security agencies worked for the party, and intelligence chiefs pledged loyalty to individuals in the party. State coffers became the piggybanks of ministers and party bigwigs, while state-owned companies served the interests of Zanu-PF. The Zanu-PF-dominated parliament became a conveyor belt for Mugabe's wishes, with virtually no questioning of executive decisions. By 2000, when Mugabe embarked on his decade-long destruction of Zimbabwe, he had already laid the ground. He could do as he wished under the cover of darkness and in an environment in which the populace no longer had the full protection of an independent judiciary.

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The downward spiral of Zimbabwe over the next decade has few parallels in modern history. Zimbabweans can perhaps use the excuse that they did not see it coming. It is not an excuse South Africans can use, given that we have had the best ringside seat to the horror movie in the country next door. When we celebrate 20 years of freedom, we should do so happily. We should do so knowing that we have internalised the good habits and that the future is safe from those who want to rip apart the house we have been building since 1994. 29 April 2012 The Sunday Independent Page 1 Fiona Forde

Discipline is dead, not Malema

No one could shrivel the sensitive nostril quite like Julius Malema could and a whole anthology of foul imagery and utterances now survives the four or so years since the scrofulous character entered South African politics, never to be forgotten. He was up there with Hitler and Reagan in the pantheon of fascinating villains, as author Rian Malan put it to me this week. And his demise is an incalculable tragedy for hacks. For all of us, Malema was a hot topic, a colourful subject whose iron nerve and brass neck kept our nibs busy. He was bold and brutish, the king of the new mobocracy that was defining our politics and we kept him in our sight, often at the expense of the bigger and more gripping challenges that were tugging at SA. Because virtue is boring, as Malan points out, a trait that was lost on the ANC junior. He was so unguarded in saying the unspeakable that I often thought he was innocent. I cant believe he is really dead. But maybe he isnt. Maybe Malan is right, not on Malemas suggested innocence but on the possibility that he has not yet departed our social and political orbit and that a version of the crisis he had come to represent is likely to repeat itself before too long. I, for one, am still reluctant to write Malemas political obituary on foot of the long-winded process of discipline that concluded this past week. Discipline? What has discipline really got to do with Malemas demise, or with the ANC for that matter? If one Malema really way in considers his behaviour since he entered national politics, ought to have been expelled a long time ago if discipline was the driving force, yet his surrogate parents looked the other his early years.

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This time two years ago, Malema was courting Zimbabwean president Robert Mugabe in Harare and promising to breathe life back into Zanu-PF in a way that would have throttled the fragile unity government, but the party turned a blind eye. A few days later he behaved like a tyrant when he threw a journalist out of Luthuli House in a phenomenal fit of temper followed by the now infamous words you bloody agent. Bastard. Get out, but the party chiefs had little to say about the incident and left him to his own devices, in the same way they did when he took to singing the old and controversial struggle song Dubul iBhunu (Shoot the Boer), a dirty relic from another era. The only reason good enough for the ANC to finally discipline Malema two years ago was because he compared President Jacob Zuma to his nemesis, Thabo Mbeki. What was really so awful about that? This time last year Malema was sharing a platform with party president Zuma in Kimberley when he argued that whites were criminals for stealing the land and ought to be treated as such, in my view a far more serious offence than threatening to set the South African youth on the Botswana government, which was one of the charges that eventually led to Malemas expulsion this past Tuesday. Yet no mention was made of Malemas incitement to racial antagonism at the time. So why was the ANC so keen to invoke the rules and guidelines set down in its own constitution now and not then? I cannot find fault with the reasoning on the part of the National Disciplinary Committee (NDC) or the National Disciplinary Committee of Appeal (NDCA). Malema gave them sufficient grounds to eventually argue that he did not show any remorse or respect for the ANC constitution and its structures and was not capable of rehabilitation. Its a finding that fits him. Ever since Malema was initially handed a five-year suspension last November he has shown such antipathy towards the ANC that it is hard to believe he ever wanted to call it his political home. The problem I have with the NDC is the selective manner in which it exercises its brief or how it defines discipline. According to point 25.5 of the ANCs constitution, which was signed off by the current leadership at the Polokwane conference in 2007, if one of its members or a member who holds a public office misbehaves, then he or she may face the wrath of the disciplinary team. The constitution then goes on to define what constitutes misbehaviour and the list, by the way, is quite long and detailed. Go look it up, its on the ANCs website and its well worth the read. But in brief, and for the purposes of the point I want to make, misconduct is defined in the following ways: a court conviction that leads to a term of imprisonment; sowing division within the party; sexism, racism and political intolerance; engaging in sexual or

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physical abuse of women or children; abuse of public office; accepting kickbacks or behaving corruptly; engaging in party factionalism; trampling on free debate within the party; violating the partys constitution; joining a political party that is not the ANC or in alliance with it; and throwing money at party structures to try and influence the outcome of a party election. Well, I ask you. I couldnt count on one hand, let alone two, the number of offenders that immediately come to mind when I read through the list, some of which are even too sensitive to mention. But did Tony Yengeni not serve prison time, yet stay on as a party member? Did Zuma and hundreds of others not engage in factionalism when they challenged Mbeki for the leadership five years ago? How politically tolerant was Zuma of his predecessor when he referred to him as a dead snake? Why was Malema not taken to task for similar intolerance when he used the loaded and hateful term cockroach for Helen Zille? Why did Gwede Mantashe not entertain allegations of vote rigging in the youth league a couple of years ago? Is the current leadership not guilty of stifling free debate within the party by killing all talk around the leadership race? Consider the gentle fate of the former Corporate Governance Minister Sicelo Shiceka, who was found guilty of abusing office. He not only managed to retain his party membership, but his place as an MP as well and the salary that goes with it. How many of those clauses above would apply to Richard Mdluli if the recent coverage about his behaviour while in office stands up? And misbehaviour is not the sole basis for violating the partys constitution? Im led to believe that some party seniors have flagged concerns about a handful of elected members of the National Executive Committee holding on to their senior provincial positions, contrary to what the ANC constitution states in Section 12.8. In the past week or so, Mantashe has been asked to explain why recently re-elected Mpumalanga chairperson David Mabuza, who is also an elected NEC member, is still wearing both hats, and if Ace Magashule and Zweli Mkhize will do so too if they are re-elected as provincial chairmen in the coming while. It may not seem like much to you or me, but the senior leader who has flagged this one is asking for consistency across the board, rather than a selective use of the constitution when it suits a particular person or agenda. Now thats a tricky one, because if the constitution is to be applied to each member in good standing, then how many party seniors (or juniors) are guilty of corruption?

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Consider for a moment the investigations that have been carried out into Malemas money affairs these past few years by the media and others. The evidence is so staggering and is stacked so high against Malema that at this stage its hard to consider him as anything other than grossly guilty until proven innocent. And yet the ANC neatly avoided the matter when they took Malema to task, with the NDCA going so far as to tell him his understanding of the ANC constitution is fundamentally flawed. If the ANC constitution is so explicit about discipline, then why is the application of it so flawed? Truth to tell, the members of the ANC right across the board are so heavily compromised by corruption, political wrecklessness and abuse of office, both public and private, that a fair application of their own rules and procedures would bring their entire house down. Imagine a room full of individuals with each one holding a gun to the next persons head, then imagine the ANC. Then forget the notion that Malema has been sidelined for the good of the organisation and in the name of discipline. Or that he was alone in his misdemeanors. He had simply become a scratch on the mind of the current leadership and in the year thats in it, an election year, they had to bring him down. Its good political discipline, rather than Malema, thats really dead and gone. As that lovely saying of Oscar Wildes goes, hypocrisy is the compliment that vice pays to virtue. Forde is the author of An Inconvenient Youth: Julius Malema and the new ANC.

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29 April 2012 The Sunday Independent Page 1 Marianne Merten

Why Cosatu is quiet over Mangaung

COSATU will name no favourites for the ANCS leadership elections in Mangaung in December, says Zwelinzima Vavi. The trade union federation general secretary said it was right to back President Jacob Zuma for the partys top spot back at the ANCS Polokwane conference in 2007, but conditions were now different. (In 2007) the political circumstances made that the only way to go. But those circumstances are not prevailing now, Vavi said. Unlike five years ago, there was currently no threat to Cosatus alliance with the ANC and the SA Communist Party. But he made it clear this attitude was not set in stone. If the structures decide that theres a new threat (that) the ANC would be hijacked by the class of tenderpreneurs, Im sure Cosatu members will say no, no, no, no, lets do the same thing (as in 2007), Vavi said. But nobody has made that assessment yet. In the run-up to Polokwane, Cosatu made no secret of its support for Zuma. Later, however, senior Cosatu figures suggested it had been a mistake to back an individual, rather than focus on the principles required in a leader of the ANC and then find someone to fit the bill. Its new stance comes against the backdrop of Cosatus admission that it is contested terrain as the battle gets under way to influence its estimated two million members in the unofficial succession stakes before Octobers official opening of nominations for Mangaung. Vavi said it was not a mistake for Cosatu to have intervened in 2007, but the situation today had changed. We have an interest. We will always have an interest, but we dont like pre-occupation with leadership. We just dont like that, he said. Despite Cosatu denying it is divided, speculation over who is more fancied for Mangaung by individual affiliates and their leaders continues to be the focus of speculation. Vavi is rumoured to want leadership change, and Cosatu president Sdumo Dlamini to want continuity. Labour analysts have cautioned that the situation is simply too fluid to call. Cosatus place within the alliance and in the broader political environment comes under scrutiny in the discussion document, Navigating a Complex Political Terrain. Resolutions arising from it are expected next month.

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Briefing journalists earlier this week on Cosatus special central executive committee meeting, Vavi insisted there had been no discussions on the ANCS leadership and that speculation around this was unhelpful. (Cosatu) will not disclose its preference on who must be leader, what collective must be there. Cosatu will not be won over to any faction this time around, Vavi said. While broadly in favour of the current administration - I think it has gone very well under this leadership - Vavi told Independent Newspapers, divisions within the ruling party and corruption remain major concerns. Political will, rather than a discussion paper about organisational renewal in the ANC, would make all the difference, Vavi added. He has repeatedly criticised political hyenas, who use connections to government officials and ruling party members to score tenders and enrich themselves. Cosatu has also been instrumental to the launch of the new, independent anti-graft body, Corruption Watch. Asked whether workers were better off today than they were five years ago, Vavi said the impact of the infrastructure delivery programme, industrialisation policy and the four accords Cosatu signed, including one on green jobs, remained to be seen. For now, Cosatu has been in the limelight over its call to boycott e-tolling on Gautengs freeways. It called off a fresh protest off after an agreement between itself and the ANC resulted in a monthlong postponement of the start of etolling, which was to have begun tomorrow. Cosatu is still strongly objecting to several labour law amendments, that would see labour broking more strictly regulated, but not banned, and it is fiercely opposed to what it believes to be proposed limitations to workers right to strike. Vavi said Cosatu would be celebrating Workers Day on Tuesday with hope. Things are better, thanks to Cosatus noises. He downplayed any differences between Cosatu and the government: There always will be differences with an independent government and an independent trade union. Differences [on one or 10 points] do not signal a huge political gap... Lets not exaggerate the difference and make of those differences a huge ideological gap. Relations with the SACP, which harshly dismissed Cosatus call for its general-secretary Blade Nzimande to resign as he is also higher education and training minister, may not be without challenges. Vavi declined to be drawn in detail on Nzimandes invective against the anti-majoritarian liberal offensive, referring to the collective of those critical of the ANC leadership ranging from mainstream liberal media, some liberal NGOS and business voices like those of Nedbank chairman Reuel Khoza.

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Cosatu is completely uncomfortable with trashing every civil society formation in the country as part of a liberal offensive... We are not part of a liberal offensive ourselves, Vavi said. When we go to court, or support those who go to court, it is because they pursue issues we believe are common interests. We dont see that as part of the liberal offensive undermining the authority of an ANC democratically-elected government. However, that matter was subject to ongoing debates with the SACP. 3 May 2012 Business Day Page 4 SisekoNjobeni

SAs nuclear tender attracts some of worlds energy giants

South Africas planned nuclear tender has some of the worlds biggest energy companies sniffing around. Since the government made it known that nuclear energy would be part of the future energy mix, nuclear developers have kept South Africa on their radar screens. The nuclear tender, due to be announced later this year, is expected to cost an estimated R300bn, and is certainly going to be hotly contested. The big players in nuclear energy have already set up operations in South Africa in anticipation of the project. Just last week, the Russian State Atomic Energy Corporation hosted a seminar in Johannesburg to showcase Russian nuclear technology. Names that spring to mind are French energy giant Areva and US nuclear technology group Westinghouse. The two firms were competing for Eskoms multibillion-rand Nuclear 1 project but the utility aborted procurement for a 3330MW nuclear plant in December 2008 when its board could not make an investment due to financial pressures. While Eskoms decision could not have gone down well with the nuclear vendors, the government dangled an even bigger carrot. Then Department of Public Enterprises director-general Portia Molefe said at the time that, instead of building one power station, the government was looking for a partner to help develop the countrys nuclear industry. This is the approach adopted by South Korea in the 1970s. One of the advantages of embarking on a nuclear programme is that there is a greater chance of creating a local industry by building a fleet of nuclear reactors rather than creating capacity on a piecemeal basis.

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In a paper on the development of nuclear power in South Korea published in 1999, the Korea Advanced Institute of Science and Technology said the country had been successful in localising nuclear technology. A major turning point was the 1976 machinery localisation policy, which was meant to increase the local content ratio of plants and equipment, and to reduce the portion of turnkey plants built by foreign companies, the paper said. "The Korea Electric Power Corporation (Kepco) adopted a non-turnkey approach such that each nuclear project was divided into various subprojects, and made it a requirement for foreign suppliers to include domestic firms as participants to work on such sub-projects," it said. Kepco, which is responsible for 93% of Koreas electricity generation, has been mentioned as a potential bidder for South Africas programme. Areva, which built the nuclear facility in Koeberg, has expressed a desire to be part of the nuclear programme. It is said to be intending to submit a bid with Chinas Guangdong Nuclear Power Group. "It is premature to speculate on potential commercial agreements, partnerships, technology specifications or costs for the South African nuclear tender. Areva is eagerly waiting for the South African governments requests for proposals Areva is in preliminary discussions with a number of players and will propose the best solution for South Africa after it has studied the tender requirements," said a spokesman. The potential bidders and the rest of the country await the details of the nuclear programme. The integrated resource plan for electricity makes provision for 9600MW of nuclear power by 2030. But Energy Minister Dipuo Peters said no decision had been taken on the number of plants. 30 April 2012 Times Live I-Net Bridge

DA champions Manuel's development plan

The Democratic Alliance has come out broadly in support of the National Development Plan as compiled by the planning commission headed by Minister in the Presidency Trevor Manuel. This weekend, DA leader and Western Cape Premier Helen Zille and several other senior members of her party hosted Manuel to discuss the plan that was still in its consultative phase and had not been finalised yet. "The DA takes the National Development Plan (NDP) very seriously indeed. We believe it represents significant progress and that most of its policy proposals, if implemented, would redress apartheid's legacy at an unprecedented scale and pace," Zille said in a statement issued on Sunday.

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The plan was developed on the instructions of President Jacob Zuma with the aim of developing the country's goals and objectives in 20 years' time. It has undergone intense discussions in Parliament over the past few weeks with all the political parties adding their viewpoints. Zille said that there was a strong convergence between the NDP and the proposals the DA was developing as part of its policy project to create jobs through increasing economic growth to 8%. She said the similar points of departure included: Pursuing growth as the best way to fight poverty and unemployment; involving individuals and communities in their own development; requiring a competent state to provide excellent education and essential services; creating the right conditions for investment and job creation that drive a virtuous cycle of sustained development; moving from passive to active citizenry; developing people's own capacity to pursue lives they value. "When it comes to growth and jobs, we are encouraged that the youth wage subsidy - long championed by the DA - is seen as a key mechanism to fight unemployment. We do, however, believe that the plan could be bolder when it comes to labour market flexibility," Zille said. The DA has been pushing hard for the implementation of a youth wage subsidy that would have the aim of encouraging firms to employ more young people. However, labour movement Cosatu has been strongly opposed to it, claiming that such a subsidy would just place money in the hands of business owners and prejudice older workers. Other points that the DA agreed with the NDP on included that infrastructure investment was vital and that bureaucratic bottlenecks and red tape were holding up housing delivery and needed to be addressed as a matter of urgency. The DA agreed that all South Africans deserved access to quality healthcare, but disagreed that the answer was the National Health Insurance as endorsed in the NDP as there was no reason to believe that it would fix the accountability problems that resulted in poor quality healthcare. While the DA agreed with the plan for a professional public service, it disagreed that there should be one public service for all tiers of government. The DA said in its statement that it noted there was significant opposition to the NDP, not least from the ANC's own alliance partners. "By contrast, the NDP finds a natural champion in the DA. We welcome the NDP's frank assessment of our country's challenges and we support its overall policy thrust," the DA statement said.

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30 April 2012 Business Day Page 4 Trevor Neethling

Press report could be new era for print media

The Press Freedom Commission has concluded its mandate and delivered a set of regulations that, if adopted, will radically change the print media space. The independent commission was established by Print Media SA and the SA National Editors Forum in July last year in response to government calls for a media appeals tribunal. Its mandate was to find the best possible system of media regulation for SA. In its final report, released last week, the commission calls for a move away from the current self-regulation to "independent co-regulation", without state involvement in the process. Rather, a bigger onus is placed on citizens, who will outnumber the print stakeholders serving on a revised Press Council. The commissions recommendations also give the Press Council the power to initiate complaints against publications. Also, when laying a complaint with the council, complainants will no longer have to waive their rights to go to court, should they be dissatisfied with the response. Finally, the recommendations call for tougher monetary sanctions and even expulsion for repeat offenders. While the jury is still out on just how many of the recommendations will be accepted by the industry, the African National Congress (ANC) has given its tacit endorsement to the process. Reaction to the recommendations shows a softening of positions on both sides of the media standoff, especially from the ANC. "I think this may well tilt the balance of forces, within the ANC, towards the people who want this issue to go away so they can focus on more pressing issues," says Rhodes University journalism professor Jane Duncan. "If you read the ANC draft communication policy for Mangaung very carefully, you can already see a softening in the view (of) a media appeals tribunal." She says the draft policy focuses heavily on other areas, while the media appeals tribunal and press accountability occupy "a very small portion of the communication policy". This "may well be an indication of a shift in thinking," Ms Duncan says.

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The recommendations offer a different media framework from what exists now. She believes monetary fines and tighter controls should improve accountability and ethics in the press. "The new system may well involve powers of investigation. And the ability of members of the public to make third-party complaints will see more people complaining about alleged ethical objections and mean the number of complaints will go up significantly, and that (is) greater public ownership of the process. "They can complain about public interest even if they are not an affected party and that, I think, will enhance public legitimacy of the process," Ms Duncan says. Wits University journalism professor Anton Harber says while the recommendations could help to curb media excesses, they do not offer a magic wand to improve journalism. "On the main part of its brief, though, the (commission) has made some valuable proposals and one can only hope that these are now implemented. "But one must be realistic about what to expect. These measures will help eliminate the worst of our journalism, but not guarantee that we will have good, quality, in-depth reporting and commentary," Prof Harber says. "That is much more complicated and beyond the scope of this commission." While the commission has highlighted the need for tighter control of bad journalism, the rest is up to the industry, he says. 30 April 2012 The Times Page 1 Graeme Hosken

'Predator police' in reign of terror

With pressure mounting on the police to reduce crime and push up conviction rates, officers are pushing the boundaries, leaving hordes of physically and mentally tortured victims in their wake. With experts warning that torture - which when revealed has a severe adverse effect on prosecutions - is on the rise, many say the line between the police and the criminals is blurring. For Sifiso Makhubu, torture is something he knows only too well. Accused of the murder of a Johannesburg policeman three years ago, he and four friends endured nearly 12 hours of agonising torture.

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"They beat us. The more I pleaded with them to stop, the more they continued," he said. With his hands handcuffed behind his back to his ankles, his assailants sprayed him with water and pulled a tyre tube over his face. "They were doing it to all of us. While they would tube one they would spray us with water and shock us with tazers all over .on our faces, between our legs, everywhere. "They would tell us we were going to die." After three years, Makhubu's terror has not ended. His attackers, still based at the same police stations, often greet him when they see him in the streets of Soweto. "Nothing has happened to them. I won my case against them but they continue to work. They greet me and ask me how I am doing. I am petrified that something will happen, that this time I will never come home," he said. Peter Jordi, of the Wits Law Clinic, said the police were predators who, with unrestrained violence, hunted down suspects. Jordi, pointing to shelves of torture case files, said the violence and power associated with torture gave the police a sense of immunity. "They have become masters at what they do. After 1994 there was an increase in torture which subsided until the 2000s. Since then there has been a definite increase of unprecedented violence from beatings, electric shocks, near drownings to detention without trial. "Our law enforcers' string of barbaric actions to find their suspect often results in minibus loads of people being tortured before the right suspect is found. "Torture is occurring en masse with children falling victim. "Torture is spiralling out of control. It is happening everywhere with those involved simply moving from one police station to another when caught," he said. Leading forensic pathologist Reggie Perumal said torture was increasing because the police were paralysed in trying to deal with crime. "Crime is running away and in the frustration, especially in Gauteng, to bring it under control police are turning to torture. "From the number of private cases I get it is clear that torture and the violence associated with it, especially in terms of electrocutions with tasers, cattle prods and live wires, is increasing," he said. Independent Police Investigative Directorate spokesman Moses Dlamini said he could not say if torture was becoming more prevalent and also not say if police management was taking torture seriously.

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"There are cases in which officers arrested for torture are, the very next day, promoted. The biggest problem is that torture is not a crime. Instead, a policeman who is a suspect in a torture case is charged with assault with intent to commit grievous bodily harm. "In our legislation there is no such offence as torture. Draft legislation, which will criminalise torture, has yet to be passed. "Because torture has not been defined we simply don't know the exact number of offences," he said. Jacob van Garderen, of Lawyers for Human Rights, said his organisation was "gravely concerned" by the number of cases reported to it. "What is happening is horrific with cases remaining unresolved for long periods. "Mechanisms to investigate torture are severely under-developed and under-resourced. "Though South Africa ratified the UN convention against torture, and is compelled to investigate torture, it has yet to ratify the protocol on the convention against torture which would lead to the establishment of oversight bodies for all places of detention," he said. Amanda Dissel, the Association for the Prevention of Torture's South African delegate, said it was worrying that South Africa had yet to criminalise torture. "This is precisely why we see such a recurrence of torture. "There is a problem in South Africa in ensuring that torture cases are dealt with, with the seriousness they deserve." Police spokesman Brigadier Lindela Mashigo hit back by saying torture was condemned. "Respect of human rights is part of [police] training." 30 April 2012 The Times Page 15 Justice Malala

Our gangster state

The ANC sent Zuma to the Union Buildings. In its name, he governs South Africa. He should be accountable to it if he is not accountable to the rest of us, the citizenry.

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He should now account to the ANC about why Richard Mdluli, the head of crime intelligence in the SA Police Service, is back at his desk and not in a court of law or behind bars for corruption. Nothing smacks of corruption in this country as much as the figure of Mdluli, a man who is being mentioned as a possible national police commissioner. Nothing scares me more than the possibility that such a compromised figure stands to assume so much power. This much we know is true, thanks to the incredibly brave work of journalists at the Mail& Guardian, the Sunday Times and the City Press newspapers. It is worth noting that these journalists would be in jail today if the Protection of Information Act were in operation. Here is the first thing: within a year of his appointment to the crime intelligence job in 2009, Mdluli appointed seven of his relatives as secret agents. There is no dispute about this. As you read this, seven members of this man's family are drawing salaries from the national cash pile - money that could be used for the poor, the hungry, those who will die of the cold this winter because they have nowhere to sleep. Instead, as City Press reported last weekend, it is costing the crime intelligence unit R5-million to employ Mdluli's relatives and supply them with luxury cars. This is not corruption. This is looting. This is the mentality of people who believe they are invincible, that they are protected from on high. If Zuma is not protecting Mdluli, he should suspend and fire the man immediately for just this one piece of absolute corruption. But there is more to this rot and the depth of it chills me to the bone. Mdluli was not interviewed by police management for the job he holds. He was instead interviewed by four politicians: Police Minister NathiMthethwa, State Security Minister Siyabonga Cwele, the then home affairs deputy minister Malusi Gigaba, who is now minister of public enterprises, and former safety and security deputy minister Susan Shabangu, who is now minister of mineral resources. Mthethwa is a fierce Zuma defender and is actively campaigning for him to be re-elected as ANC president in Mangaung in December. So is Gigaba, who has acted as the main Zuma defender against attacks by Malema's ANC Youth League. You may also be interested to know that Mthethwa appears on one of the lists drawn up by the Zuma crowd to be in the ANC's top six after Mangaung. Cwele is the man who has been firing intelligence services heads allegedly because they refused to be used to spy for Zuma. In March Moe Shaik left the State Security Agency. SSA director-general Jeff Maqetuka left in December and the head of the domestic branch, Gibson Njenje, left in September. Cwele is now master and commander of Zuma's spy network. Mdluli's appointment was not just irregular. It was conspiratorial and it is a crime. These ministers should account for why they were on that panel in the first place and why the then acting national police

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commissioner, Tim Williams, and other police officials were not on the interviewing panel. Why were four ministers interviewing a policeman? Were they instructed to hire him and dress up the whole thing? Will they explain? Of course not. How can Mthethwa explain when, according to City Press, the Hawks were investigating claims that almost R200000 was paid from the crime intelligence slush fund for renovations to his house in KwaZulu-Natal? He is implicated in the crimes. He is compromised. Mdluli was up on charges of murder, kidnapping, assault and intimidation. There were also charges of massive fraud involving the crime intelligence slush fund. The Mail & Guardian has revealed that those charges were dropped despite a letter from the inspector-general of intelligence, Faith Radebe, in March, in which she said that the National Prosecuting Authority should institute criminal charges against Mdluli: "We are of the opinion that the reasons advanced by the NPA in support of the withdrawal of the criminal charges are inaccurate and legally flawed. We therefore recommend that this matter be referred back to the NPA for the institution of the criminal charges." That has not happened. Instead, Mdluli is in office and is already reorganising the crime intelligence unit so that it has oversight of all security arrangements for all ministers and dignitaries. What does this mean? Each and every one of Zuma's detractors will be under 24-hour surveillance by this compromised spy boss. Where are the voices of Gwede Mantashe, KgalemaMotlanthe, Cyril Ramaphosa, Trevor Manuel and others when this rot is being perpetrated in their name? Where is the ANC of OR Tambo? It is silent, quivering in fear of its own "deployee", Jacob Zuma, a man who is running what is now clearly a gangster state. 3 May 2012 The Times Page 1 Graeme Hosken And Chandr Prince

Mdluli's night of the long knives

The offensive - allegedly involving the Presidency, the Police Ministry and the national police commissioner's office - has involved Mdluli fingering his bosses as co-conspirators in a campaign to discredit him. Those bosses are suspended police commissioner General BhekiCele, Hawks head Lieutenant-General Anwa Dramat, national crime detection and operational services head Lieutenant-General ShadrackLebeya and Gauteng police commissioner Lieutenant-General MzwandilePetros.

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In the past month, Mdluli - a key figure in the inquest into the murder of his former lover's boyfriend - has narrowly escaped criminal prosecution for abuse of state resources, murder, defeating the ends of justice, fraud and corruption. He was then controversially reinstated to the powerful position of crime intelligence chief. Since his reinstatement Mdluli has gained more muscle by ordering the restructuring of the crime intelligence unit, including the incorporation of the VIP protection unit. Yesterday it emerged that Mdluli, whom the DA has asked parliament to scrutinise, is now in charge of approving any application for interception of communication. In response to a parliamentary question from the DA, the SA Police Service revealed that Mdluli was the only one with signing powers to authorise bugging of telephone calls. In a strongly worded letter to President Jacob Zuma, Police Minister Nathi Mthethwa and acting police chief Lieutenant-General Nhlanhla Mkhwanazi last week,Mdluli claimed that senior police officers Cele, Dramat, Lebeya and Petros were openly campaigning to remove him. The letter has created major upheaval within the SAPS, with Mkhwanazi, who recently met Zuma to discuss the saga, fearing the outbreak of widespread panic "as senior officers tear each other apart in war". Petros yesterday blasted the letter and its author, demanding an immediate investigation. "I will not have it. I will not be accused of such things. I do not know where these allegations come from and what they are based on," he said. Asked what action he was taking and for comment on Mdluli's reinstatement, Petros said he had too much to do fighting crime in Gauteng to become involved in conspiracies: "I am not going to be distracted by this. You need time and my hands are full. When I am wearing my uniform I have to stick to the facts. Only when I take my uniform off can I have my own opinion. "When the time is right I will respond further," Petros said. Attempts to get comment from Cele, Dramat and Lebeya proved fruitless. Presidential spokesman Mac Maharaj said: "We issued a statement on the matter earlier and have no further comment." Mkhwanazi said he had been approached about the letter "in passing". "I was never given the letter officially. At the time I had no idea about Mdluli's suspension or the reasons [for it]. The letter said the suspension was not based on fact but on allegations from a senior group of officers allegedly trying to get rid of him.

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"My response was that the letter needed to be submitted through proper channels, like the departmental hearing [intended to be held into Mdluli's conduct]. Unfortunately, the hearing never happened. "I told him I did not know the merits of the case. I did not want to take [the letter]. What was I going to do with it? People will say anything to protect themselves and I cannot say whether these allegations are factual." Mkhwanazi said Petros had asked him about the letter last week, saying he wanted to take action to clear his name. "I told him he was free to do whatever he wants to do. 'This letter's public airing will create problems. I already have a huge challenge getting all my generals to work together in the common cause of fighting crime - now they are tearing each other apart in public. The legal action by Petros could see other generals doing the same thing. You can imagine what this will do to our image," Mkhwanazi said. "You don't talk about this in public because it creates panic. Writing about this will cause problems, which will be regretted," he said. He declined to discuss his meeting with Zuma. South African Police Union general secretary Oscar Skommere lambasted Mdluli's "abuse of power for political ends". "This is a recipe for disaster. It is unfortunate that police are deliberately misused by politicians just like [under] apartheid laws." Skommere said Mdluli's connivance within the police had created instability in a very important unit. He vowed that they would fight Mdluli's meddling in court. DA MP Dianne Kohler Barnard, who put forward the parliamentary question yesterday, said: "While any officer of the Hawks, for example, may apply for interception, this application has to be approved and neither the head of the Hawks nor anyone in the Hawks (at the rank of majorgeneral) has the authority to approve any such application to the judge. "Mdluli is, as a result, in an extremely powerful position - hardly a position the DA believes he should be in." Kohler Barnard said the "debacle" could have implications both for the credibility of the police and for national security. She said Mdluli had been mired in controversy and revelations about his conduct had "damaged" key state institutions, including the SAPS, the Hawks, the office of the inspector-general of intelligence and the National Prosecuting Authority. She had written to police portfolio committee chairman SindyChikunga requesting a special hearing on the Mdluli saga.

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TOP COP DECLARES WAR ON THE 'BAD APPLES' "IT IS war. I am cleaning house and will not stop until all the bad apples, regardless of who they are, are removed once and for all." In a exclusive interview, acting police commissioner Lieutenant-General Nhlanhla Mkhwanazi vowed to expose and deal with criminals within the police. He said nothing remained hidden in life. "If someone is involved in something - be it stealing from slush funds or abusing police resources, and lies about it - those lies will one day catch up to you. I will prove that there are people strategically operating like a mafia and I will deal with these people. I will ensure justice is delivered. "There are serious problems in the police, from crime intelligence, which has lots of things wrong with it, to a number of other divisions. I am on a mission to fix these problems. "There were good reasons that I moved crime intelligence's generals around. I know who the problems are, and saw what the problems were and acted on them and will continue to act until they are gone." Mkhwanazi said the extent of the problems became evident when he moved from the Special Task Force, "where we were often told there were no resources for equipment". "Once I got to this level and saw the abuse of funds, I realised I could not sit back. When it is like this, how can anyone sit back and watch? Whoever thinks things are over and that I am done are wrong. "Investigations are running. There is no quick fix but there will be results. It is war. A big war with lots of pain and we must vasbyt. Only those who are determined will see the future." 3 May 2012 The Times Page 2 Chandr Prince

Prosecutor guns for NPA

Breytenbach's attorney, Gerhard Wagenaar, said yesterday that his client was still considering her options and might lodge an urgent application to have Mdluli's fraud case reinstated on the court roll. Breytenbach was suspended on Monday and it has since emerged that she had threatened to go to court if the NPA's decision not to prosecute Mdluli was not reversed.

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Beeld reported yesterday that Breytenbach threatened to take the decision to court for review if the NPA did not reconsider. It reported that she made the threats in a memorandum to the NPA's acting chief, NomgcoboJiba, on April 24. In the memo she reportedly insisted that there was a prima facie case of fraud and corruption against Mdluli. She asked Jiba to ask NPA director of specialised commercial crimes Lawrence Mrwebi to review the decision to withdraw the case against Mdluli - or she would not hesitate to go to court. The NPA said the charges against Breytenbach "relate to her conduct in handling one of the cases allocated to her". But many believe they were preferred because of her insistence on pursuing the case against Mdluli. On Tuesday, it emerged that Breytenbach might be given 24-hour police protection following two attacks on her while she was driving. She was shot at on April 11 in her car and two motorcyclists tried to force her off the road on April 25. The NPA has since said that it will, together with the police, make a security and risk analysis of Breytenbach' situation. Her suspension has outraged opposition parties and is to be the subject of a parliamentary discussion. The African Christian Democratic Party's Steve Swart said that NPA prosecutors should be able to perform their duties without fear, favour or prejudice. 3 May 2012 The Times Page 4 Caiphus Kgosana

R52m for sitting at home

Shocking figures released in parliament by the Public Service Commission yesterday show that in the 2010-2011 financial year - the period under review - the police led the precautionary suspension list with 869 of their officials at home. Correctional services had 471 employees on suspension. The justice department and defence had a combined 107 employees on precautionary suspension. According to the commission, departments spent between R100000 and R1million on the salaries of employees placed on suspension. Correctional Services paid R14-million to employees at home, followed by the justice department with 69 employees on suspension getting R11-million in

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salaries. The police's 869 officials on suspension were paid R8-million during the period that they were at home. Public Service Commission director-general Richard Levin said the discrepancies in the amounts paid by departments to suspended officials resulted from the levels of seniority of the affected officials. He said the reasons for suspending government employees ranged from financial misconduct, theft, fraud and misuse of state property to sexual harassment and sexual assault, gross negligence resulting in loss of state money and violation of tender processes. The commission identified challenges faced by departments in the management of suspensions and disciplinary hearings. These include: Inadequate training of key role-players in the disciplinary procedure leading to unnecessary lengthy periods of suspension; and Poor compliance with time frames by investigators and people who preside over disciplinary hearings. Investigators were also taking too long to complete their work and there were delays in formulating charges. It was also found that employees were at home for lengthy periods. One department in KwaZulu-Natal told the commission that it took 10 months to formulate charges when one of their employees was placed on suspension. Steps are now being taken by the commission and the department of public service and administration to force departments to speed up investigations and hearings. Levin said they were also alerting departments to the option of transferring the affected employees to another unit or division rather than have them at home. MashwahleDiphofa, director- general of the department of public service and administration, also presented figures showing that 216 senior government managers were charged with misconduct, of which 51 were placed on precautionary suspension. He said the department of public service was now reviewing the disciplinary code and procedures to address problems related to suspensions and disciplinary hearings. This includes forcing employers to ensure investigations are completed within 14 days, assisting departments with investigative work and making sure suspensions with pay do not last beyond 60 days. Diphofa said they also wanted departments to stop using consultants and lawyers to conduct hearings but manage the process internally. 3 May 2012 The Times

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Page 4 Dominic Mahlangu

ANC urged to rethink Turok case

The Times understands that fellow ANC MPs have raised concerns about the disciplinary hearing, which was scheduled to start yesterday but was postponed indefinitely. Veteran MP Turok and his colleague Borman were charged by the ANC for failing to vote for the Protection of State Information Bill when it was presented in parliament last year. Turok walked out before the vote started. Borman withheld her vote. Their "no-vote" stance raised tempers within the ANC caucus, with some MPs demanding that action be taken against them. Yesterday, the ANC's national disciplinary committee headed by deputy minister Derek Hanekom said the hearing had been postponed. Two weeks ago, ANC Veterans' League president Sandi Sejake came out in support of Turok. Other MPs also joined Sejake in asking the ANC to rethink its decision to charge the two. The Times has been reliably told that calls have been made to the ANC to reconsider the charges against the two and find other means to handle the matter. Party spokesmen Jackson Mthembu and Keith Khoza did not respond to calls. A senior party member last night told the Times efforts were being made to convince the ANC not to proceed with the hearing. "A disciplinary hearing sometimes achieves the opposite and that is why we are appealing to the ANC to rethink this matter."

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2 May 2012 The New Age Irvine Makuyana

Malema deleted on ANCYL site

Despite the ANC Youth Leagues (ANCYL) resolution that Julius Malema would remain president, recent events have revealed that there are elements in the league who have accepted his expulsion. In a symbolic move that shows further divisions in the ANCYL, all pictures and links with Malemas image were removed from its official website (www.ancyl.org.za). Magdalene Moonsamy, spokesperson for the ANCYL, yesterday denied knowledge of the removal of the controversial youth league leader from the website, saying: We do not know who tampered with the website. Moonsamy referred to an earlier statement that maintained that Malema would remain the ANCYL president. The ANC denied allegations of any involvement in the removal of Malema as president from the website. ANC spokesperson Keith Khoza said: The Youth League manages their website through a contracted web developer. Khozas denial of the ANC mother bodys hand in the changes signifies that there are elements within the ANCYL who support the axed leaders expulsion. Malemas support our call for the nationalisation of mines banner was replaced with a similar banner without the portrait of the axed leader. His image was also removed from the left side pane completely. Malema and SindisoMagaqa have also been removed from the national executive committee page as president and secretary general respectively. 2 May 2012 The New Age SiyabongaMkhwanazi

Duarte slams Malema jibe

ANC national executive committee member Jessie Duarte has taken a swipe at former youth league leader Julius Malema for calling President Jacob Zuma a dictator.

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Duarte told hundreds of Cosatu members at a May Day rally at the Good Hope Centre in Cape Town yesterday that they would not keep quiet when Zuma was attacked for instilling discipline in the ANC. She also slammed suspended ANCYL spokesperson Floyd Shivambu for his recent attacks on Zuma and NEC member Cyril Ramaphosa. Shivambu has written several articles in various newspapers in which he criticised both Zuma and Ramaphosa, saying the latter would not lead the ANC. The youth of South Africa have an important role to play in the country, Duarte said. The youth have to be militant, she said, adding that at the same time they must remain disciplined. It does not mean that when you discipline people you are a dictator. When people write articles wherever they are and call our leaders dictators we are not going to keep quiet, said Duarte. Malema was expelled from the ANC two weeks ago while Shivambu was slapped with a three-year suspension. Duarte also questioned ANC members who were discussing leadership changes at the partys national electoral conference in Mangaung. ANC and Cosatu members must shun those who spend time discussing leadership, she said. Duarte said it did not matter who was going to be elected in Mangaung in December. What was important was to protect the tripartite alliance. The ANCYL has been lobbying for Deputy President KgalemaMotlanthe to replace Zuma as president of the ANC and Sports Minister FikileMbalula to take over from GwedeMantashe as secretary-general. Speaking at the same event, National Union of Mineworkers (NUM) general secretary FransBaleni slammed tenderprenuers who want to move the ANC away from the working class. He said there were those who wanted to make the ANC their money-making scheme, but they will not succeed. The tenderpreneurs wanted to consolidated power and exclude the working class from running the organisation, said Baleni. Baleni also warned ANC members they should not be excited about leadership battles. The NUM leader said the high unemployment rate in South Africa was reaching crisis levels and needed to be addressed.

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He said more than 8 million South Africans were unemployed and there were those who had given up on looking for jobs. The army of the unemployed posed a serious threat to the countrys democracy, said Baleni.

2 May 2012 Business Report Page 3 Stephen Grootes

In death, ANC politics continues to play its part

On Monday the family of former co-operative governance minister SiceloShiceka confirmed that he had died, in a clinic in the Eastern Cape. He had been ill for a considerable time.

The African National Congress (ANC) and various political figures were quick to talk about the role Mr Shiceka had played in the struggle against apartheid. They focused in particular on his energy and the immense amount of work he was able to do in a short time. However, they glossed over the scandal that surrounded him in his last months in office, and the fact that he was fired from the Cabinet by President Jacob Zuma last year. His passing casts a spotlight on attitudes in SAs body politic towards death. Mr Shiceka came from a struggle family, and was deeply involved in the fight for liberation from his teens, first in the Congress of South African Students, and in the ANC while it was still underground. But the public protector also found that while he was in office, he used public money to fly to Switzerland, to see a former girlfriend jailed for drug trafficking. He also claimed he had to stay in Cape Towns expensive One and Only resort, because his official residence was infested with mosquitoes. But it was his response to these findings that drew public ire. He claimed that as a minister, "I am the state," and had a right to use public money in any way he saw fit. At the time, the Congress of South African Trade Unions called on him to resign, saying that if he did not, he would be a "symbol of everything thats gone wrong" in the countrys politics. For SomadodaFikeni, associate professor of African Renaissance studies at Unisa, the public reaction from ANC figures has to do with traditional cultural attitudes to death, and current political agendas. He says, "it is the political culture of the movement to rally around someone who has died, to defend them out of struggle solidarity". But he also points out that if they do not focus on the positive traits of the person, "then how do they justify deploying them to high national office, and not sending them to a disciplinary hearing?" Prof Fikeni adds that there is a very practical political factor in play. Political figures tend to have their own constituencies, and "in a year such as this, when you are

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dealing with a powerful person, you will work hard not to alienate their constituency". This tends to increase the measure of tribute to the fallen; "if you are seen to be kicking a person when he is down, it will have a very negative political repercussion". Some of this would explain reactions to other deaths of prominent people. When former health ministerMantoTshabalala-Msimang died, the ANC appeared to give her a heros funeral, despite the fact that she was linked to a faction no longer in power, and to policies that had led to thousands of possibly unnecessary deaths. People stood in solidarity with her. In the case of Mr Shiceka, it could be a combination of solidarity, and political manoeuvring. This does not only apply to the ANC and its allied formations. In its response, the opposition Democratic Alliance emphasised that it was extending condolences to Mr Shicekas family. Perhaps it calculated that it had little to gain by offending potential voters by an attack on a person now dead. This would appear to be a political dynamic that will keep playing itself out, making it difficult to have an honest conversation about the positive and negative contributions people have made in our politics. This in turn, will make it harder to have a proper discussion about what is ethically good, and what is not. As people are fearful of judging those who have departed, there could be an acceptance that anything is acceptable, as there is no fear of being judged later on. If the lesson is that someone who once played a role is now allowed to do anything, with no fear of losing the image of a freedom fighter, that could be a licence to loot the state as some of Mr Shicekas political enemies, who are quiet now, once accused him of doing. 2 May 2012 Business Report Page 3 Carol Paton

Private sector gets lead role in Western Cape growth agency

The Western Cape provincial government has taken the innovative step of establishing a private sector-led economic development forum to formulate the provinces long-term growth strategy.

While other provincial governments have opted for government-owned and directed agencies to help foster growth, the Western Cape has handed the reins to a partnership led by the private sector, which draws together provincial government, municipalities, nongovernmental organisations, business associations and activist groupings. The Economic Development Partnership will formulate a 20-year plan for the province that will be put to all partners including the government to implement.

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Finance, economic development and tourism MEC Alan Winde said the provincial executive had looked at a number of models of economic development agencies around the world. The choice of a partnership rather than a state agency arose from the conclusion that "our economy was fragmented and we needed to find ways of bringing it together". He said: "All too often government sets up agencies with government money, government processes and government staff. "But it happens oblivious to the economy. So you can have an agency set up by government in which business is absent. We want to see the private sector taking the lead. It must be private sector-led and owned." The partnership model also dovetails well with an initiative of the National Treasury to encourage new thinking around cities as engines of development. The first task of the Economic Development Partnership will be to formulate a 20year plan drawing together municipal plans and initiatives, provincial plans, and private-sector needs and aims. The partnership, which includes Wesgro, is convened for the moment by Andrew Boraine, CE of the Cape Town Partnership and former city manager. Economist and Pan African Capital Holdings CE IrajAbedian, who spoke at the partnerships launch last week, said he felt optimistic it could " achieve some success in areas where key players in the economy walk past each other". "Partnerships of this nature globally have pulled off successes where the partners come together to hear one anothers perspective and commit to going back and doing something about it. In SA, over the past 18 years, we have generated an enormous amount of heat and very little light on key subjects. There is a need to do things differently," he said. While a broad range of social actors have joined, including social activist groups in the province, the Congress of South African Trade Unions is staying out. Its provincial secretary, Tony Ehrenreich, said he opposed it because of its dominance by business and government. 2 May 2012 Business Report Page 8 Editorial

Signs of end of media tribunal

African National Congress (ANC) secretary-generalGwedeMantashes positive response to the Press Freedom Commissions recommendations on improving the regulation and transformation of the South African print media is the most encouraging sign yet that the party has abandoned its earlier insistence on a punitive media tribunal overseen by politicians.

It would be unwise for those who believe in freedom of speech to start counting their chickens yet, of course while Mr Mantashes response is an important indicator of

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the way the wind is blowing in the ruling party, it is not yet the official position. The report must be considered by its national executive committee before it can be officially endorsed, and it is no secret that some powerful committee members would prefer not to have their or the ANCs dirty washing hung out to dry in public by the press. Censorship, both direct and indirect, is an ever-present threat that must be countered by eternal vigilance. That applies as much to blatant efforts to muzzle the press through the abuse of the justice system as it does to intimidatory tactics that induce self-censorship. In this context, last weeks ruling by the South Gauteng High Court in favour of the Mail & Guardian newspaper, which sets a precedent as regards journalists protecting the identity of their sources, should be welcomed by anyone who appreciates the importance of accountability in a democracy. Judge MoroaTsoka ruled that the identity of investigative journalist AdriaanBassons sources was irrelevant and that the applicant, facilities management group Bosasa, should have dealt with the veracity or otherwise of the corruption allegations they had made rather than conducting a witch-hunt via the courts. He said the press carried out an essential duty for the public good, and it was therefore important that the identity of sources not be revealed unnecessarily. "This essential and critical role of the media, which is more pronounced in our nascent democracy, founded on openness, where corruption has become cancerous, needs to be fostered rather than denuded," he said. It is also vital that the current public outcry over allegations that the states security and intelligence institutions are being used to fight internecine political battles be pursued to its logical conclusion a transparent judicial inquiry empowered to establish the truth. Unauthorised wire-tapping, arbitrary arrests and slush funds to undermine political opponents and intimidate journalists who endeavour to expose such abuses, are just as inimical to the free flow of information as censorship by government fiat. Mr Mantashe is correct, though, when he says the process of establishing the Press Freedom Commission has shaken the print media industry out of its "comfort zone". No section of society in a democracy should be above scrutiny, and the existing selfregulatory system is indisputably flawed, although some of those who condemn it most vociferously have hardly made use of it. If some parts of society have an overwhelmingly negative perception of the way the print media deal with errors and disputed information, as commission chairman Pius Langa says his research had shown, this must be addressed in a manner that both reinforces the credibility of the press and avoids undermining media freedom. The commissions proposal a new system of coregulation by a press council made up of a majority of members of the public and minority of representatives of the print media is an elegant solution that satisfies both requirements, and few will argue with the need to bring the regulatory regime up to date by ensuring digital publishing is covered by the regulations.

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The suggested hierarchy of sanctions based on the seriousness of the offence, which would range from simple corrections to retractions, apologies, rejoinders and reprimands, monetary fines and even expulsion from the council for persistent offenders, should prove a powerful incentive for the press to take appropriate care when publishing information that could be damaging to members of the public. The council will have to tread carefully, though, if it is to avoid inadvertently promoting self-censorship. Most print media in SA are commercial operations with shareholders who are in the industry primarily to make a profit. Over-zealous application of financial sanctions would lead to self-censorship by management as surely as the threat of a jail term hanging over journalists heads. The commissions intention to do away with the waiver clause, in terms of which complainants whose complaints are taken up by the council currently agree not to also seek redress in the civil courts, would seem an obvious step to take, but has its downside. The clauses intention was to encourage newspapers to settle disputes quickly. The threat of litigation would inevitably make them more reluctant to admit liability lest this expose them to significant financial penalties should the case end up before a judge, and would therefore prolong the complaints adjudication process.

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