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Sunday, 28 September 2008

SARB shareholder takes issue with Mboweni comment

A South African Reserve Bank (SARB) shareholder's lawyer on Saturday asked SARB Governor Tito Mboweni to apologise for a comment made at the bank's annual general meeting (AGM).

At the AGM, held on September 19, Mario Pretorius asked Mboweni to bring the meeting to order. The governor refused and Pretorius said: "Shocking."

This prompted a further response from the governor, who said that Pretorius should not address him in the manner used by white people when talking to black people during the apartheid era.

"I shall not permit you to talk to me like whites used to talk to blacks," Mboweni said.

Pretorius, through his lawyer, Johan van Huyssteens, requested a public apology for the accusation that he spoke to the governor in a racist manner.

"We once again invite you to withdraw your statement and apologise to our client unconditionally. This must be done by way of a letter and a statement in the public media. Pretorius will accept an apology unconditionally," the letter stated.

The letter further stated that should Mboweni not act on this request by the end of October 3, "our client will institute a claim against you and the SARB for an amount of R1-million".

Mboweni could possibly face further damage claims from Pretorius, the letter stated.

"Should your unsolicited branding of our client as a racist negatively influence his business, he obviously reserves the right to claim further damages from you [Mboweni] and SARB," the letter stated.

Mboweni's spokesperson, Samantha Henkeman, confirmed that they received the letter from Pretoria’s lawyers on Friday.

"We did receive the letter on Friday. We are still studying it and would respond in due course," she said. -- Sapa

Mail & Guardian online

Saturday, 27 September 2008

'Black cops threatened my 11-year old child'

from SAS, Uhuru Guru

Pretoria Metro Police officers on Tuesday allegedly hauled away a father and left the two young White children in his care to fend for themselves at a city dump.

Koen Rouan's daughter, Ashley, 11, and his nephew, Jason Tetlow, 12, screamed for the officers to release him, but they would hear nothing of it and even threatened to arrest the little girl.

"She was screaming hysterically and banging on the Metro Police kombi," said Rouan, "but they said she would be arrested too if she didn't stop it and drove away".

He said after leaving the children at the dump, the officers took Rouan to a local police station where one of them, a Sergeant Sebola, issued him with a R2 500 fine for illegal dumping and allowed him to leave.

The drama unfolded on Tuesday at about 1.45pm, soon after Rouan had picked up the two youngsters from school.

He received a call from an employee who was at the Tshwane Metro Council's Centurion mini dump site who claimed that the workers there would not accept the cut trees he wanted to dump.

"But they had accepted a similar load the day before."

Rouan said when he arrived, none of the dump employees approached him so he went ahead and started offloading the plant material into a bin.

It was then that he got into an altercation with a group of about 10 dump employees who threatened to call the police.

"I said they could do that because I had done nothing wrong.

The police arrived and arrested him.

He said he was accused of resisting arrest and hauled off into the Metro Police Toyota Quantum.

He said the police ignored his concerns about his children, who were left in the company with the 10 men with whom he had just had an argument with.

Fortunately he was able to call his brother Johan to pick them up, who did so speedily.

"When my uncle arrived he just hugged us and asked if we were okay," said Jason.

A shy Ashley said she was scared and heartbroken when the police took her father.

"I accept the fine if I did something wrong, but I have a problem with the way the children were treated and that they were left at the dump site on their own," said Rouan.

Metro police spokesperson Senior Superintendent Alta Fourie said they viewed the allegations in a serious light and would start investigating the matter as soon as it was officially reported to their head office.

She said standard procedure when detaining a person who has children in their care was to either take the children to the police station or to call someone to pick them up.

"We will investigate this matter and if the officers are found guilty we'll take the necessary steps," she said.

Rouan said he would be laying a complaint with the metro police.

Friday, 26 September 2008

Jimmy Carter pleased to see Mbeki go

from SAS

AMERICA’S former president, Jimmy Carter, said the closest he has ever been to a fist fight was when former president Thabo Mbeki told him that anti-retrovirals for mothers infected with HIV/Aids was a plot of white people against black people.

Carter made the statement on Tuesday night at the Carter Centre in Atlanta, Georgia, while hosting a number of American and overseas journalists, including the Daily Dispatch and Sunday Times.

At the end of the meeting, Conversations at the Carter Centre, the former Democratic Party president expressed his satisfaction that Mbeki had been ousted. “Frankly I am glad to see him gone,” Carter said.

The former president said that he had almost come to blows with Mbeki in the presence of former Microsoft chairman Bill Gates, then the world’s wealthiest man, when Mbeki rejected funds for anti-retrovirals and accused white people of using anti-retrovirals to harm black people.

Carter said Mbeki, whom he told his American audience will probably be replaced by ANC president Jacob Zuma, also made a serious mistake by his support for Zimbabwean president Robert Mugabe.

He said Mugabe should have been deposed had it not been for Mbeki’s support.

Yesterday the Treatment Action Campaign (TAC) said they agreed with Carter’s statements.

TAC leader Zackie Achmat said it was sad that it took so long for the ANC to recall Mbeki. He said Mbeki’s failure to act promptly resulted in millions of premature Aids-related deaths.

“We think the (former) president (Mbeki) has done enormous damage to our society.… Since he came into power, at least two million people have died prematurely ,” said Achmat.

Asked if there would be any changes in the government’s stance on HIV/Aids , ANC communications co-ordinator Steyn Speed said: “The ANC- led government’s approach to HIV and Aids is informed by the National Strategic Plan on HIV and Aids and STIs 2007- 2011 … “The administration led by ANC Deputy President Kgalema Motlanthe will continue to pursue the targets set out in this plan just as the government led by President Thabo Mbeki has done.”

Friday, 19 September 2008

Racist black judge - shocking!!

I found this interesting post on the SAS blog, posted by doodler. It's well worth the read and as far as I am concerned also exposes the extent of corruption, racism, incompetence and ignorance of ANC-backed officials. Here goes:

Here is more proof that the justice system is actively anti-white racist. This must be the fist time that a conviction was set aside because a judge was found to be a racist!! A High Court judge behaving like this and being criticized for his bias by the Appeal Court? And the Appeal Court saying that he must be kept away from future proceedings? Wow! And this person tipped for a top job after he has already proven himselfto be unfit as a judge? Why is he still there?

A judge president tipped for a post at South Africa's highest court has been rebuked for his allegedly biased handling of a racially charged murder trial.
And the Supreme Court of Appeal was so disturbed by Northern Cape Judge President Frans Kgomo's hostility towards the man he found guilty of stabbing 13-year-old Biron Phetlo to death with a sword that it quashed his conviction and 24-year sentence. Five of the appeal court's judges, led by Judge Nathan Ponnan, on Thursday ruled unanimously that Judge Kgomo's approach to Joseph le Grange's murder trial was "certainly suggestive of one who has certain preconceived biases and allows those biases to affect his judgment".

Judge Kgomo, who the Judicial Service Commission (JSC) has suggested for a possible Constitutional Court justice post and who is serving as an acting Supreme Court of Appeal judge, had breached the most primary "canons of good judicial behaviour" and virtually taken over as a prosecutor, they said. The judges ruled that the state could reinstate charges against Le Grange, his son Pieter and his son's friend Hendrik van der Westhuizen, who were convicted as accessories after the fact to the murder, if Judge Kgomo did "not take part in such proceedings".

It was the state's case that Le Grange fatally stabbed Phetlo, a golf caddie, after he, his son and Van der Westhuizen had spotted the child and his friend attempting to steal items from a sports shop.
According to Phetlo's 14-year-old friend Curtis Maritz, Pieter le Grange accused the boys of having previously stolen from a local greengrocer. Curtis said Phetlo tried to flee but was prevented from doing so by Joseph le Grange, who pinned the boy back with his "sword cane".

Joseph le Grange then allegedly unsheathed the blade of his sword cane and stabbed Phetlo three times. Curtis claimed he had tried to get away to alert the police, but was prevented by Van der Westhuizen. He said the boys' three attackers then ran away. Joseph le Grange, supported by his son and Van der Westhuizen, admitted they had confronted Phetlo over his alleged stealing, but denied stabbing him. The appeal court found that Judge Kgomo appeared "at an early stage to have made up his mind that the state witnesses were telling the truth and (Joseph le Grange and his co-accused) were lying".

The appeal court noted that transcripts of the judge's cross-examination of the accused men was "replete with questions that were intended to discredit (them), compounded in many instances by disbelief and scepticism". The appeal court also criticised Judge Kgomo for his furious reaction to the defence's suggestion that Maritz might have been responsible for Phetlo's death.

"On record there is absolutely no grain of evidence to remotely justify this suggestion," Judge Kgomo said. "All the accused have repeated this preposterous accusation in the reports to the social workers, the Correctional Services officer and the clinical psychologist. They did this despite my finding - showing why the accusation was absurd. "

I take a dim view of the fact that Curtis Maritz was accused by the accused of being the murderer. Counsel should not in good conscience have argued this point. I have no doubt that it is defamatory of Curtis Maritz and an aggravating factor against the accused."

According to the appeal court, the judge's comments were not "suggestive of an open judicial mind".

Thursday's ruling was not Judge Kgomo's first brush with controversy. In 2006 he reportedly ignited an acrimonious race row when he lodged a complaint with the JSC, demanding that judges Steven Majiedt and Hennie Lacock be axed for misconduct after they allegedly insulted him.

Wednesday, 17 September 2008

SA prosecutor challenges Zuma ruling

The increasingly brutal power struggle in South Africa took a new twist on Wednesday when the national prosecutor’s office said it planned to challenge last week’s court decision throwing out the corruption charges it had brought against Jacob Zuma, the frontrunner in forthcoming presidential elections.

Ahead of a crunch meeting of the ruling African National Congress’ national executive committee this weekend, the prosecutors’ announcement is expected to ratchet up pressure on Thabo Mbeki, the outgoing president, to stand aside early.

Friday’s high court ruling dismissed on a technicality 16 charges of corruption, fraud and money-laundering against Mr Zuma related to a R30bn arms deal that has blighted South African politics for a decade.

While the judge stipulated that he was making no judgement on Mr Zuma’s ”innocence or otherwise”, he concluded that Mr Mbeki’s administration exerted ”baleful political influence” over prosecutors who brought the charges days after Mr Zuma ousted Mr Mbeki as ANC leader in December. Mr Mbeki subsequently disputed the nation that there had been ”executive interference” in the proceedings.

Since Friday’s ruling, ANC firebrands loyal to Mr Zuma have called for Mr Mbeki to fall on his sword well before elections due by the middle of next year in which he is constitutionally barred from seeking a third term.

On Tuesday the ANC’s youth league, led by Julius Malema, who has said he would be prepared ”to kill for Zuma”, said: ”We remain convinced that Mbeki’s hold on the highest office in the land can only serve to deepen wounds to both the ANC as the ruling party and the government at large … Mbeki’s time to lead our people has ceased to be.”

Helen Zille, leader of the opposition Democratic Alliance, said: ”Unless [Mr Mbeki] can convincingly rebut the judge’s opinion, this would constitute grounds for his removal from office.”

However, many analysts consider that it would not be in the interests of the ANC leader – whom Mr Mbeki fired as vice president following the 2005 conviction of his financial advisor on charges of soliciting bribes for him – to repay the favour immediately.

Some contend that the ANC is insufficiently prepared to fight an election in which it hopes to extend its uninterrupted rule since the fall of apartheid in 1994 with an enhanced majority, even though its electoral dominance suggests Mr Zuma’s victory is a forgone conclusion. That may explain why Gwede Matashe, ANC secretary-general and a key Zuma ally, issued a statement on Wednesday slapping down the youth league.

Observers also believe that Mr Zuma would rather banish any remaining legal doubts before assuming the top job.

In November the same court that ruled in his favour last week will hear his application for a permanent stay of the graft charges on the grounds that a fair trial would be impossible after years of very public legal wrangling. The judge’s suggestion that Mr Zuma had been the victim of political intrigue worthy ”of the works of Kafka” appears to have bolstered that application’s chances of success.

The National Prosecuting Authority – some of whose leaders were lambasted in the ruling as instruments of political meddling – said on Wednesday it would challenge the decision to invalidate the charges because Mr Zuma had not been afforded his right to make representations before being indicted. It said it had yet to decide whether to bring the charges anew.

Copyright The Financial Times Limited 2008

Saturday, 13 September 2008

Round one to Zuma

from Mail & Guardian online

The Scorpions' decision to prosecute African National Congress (ANC) president Jacob Zuma on fraud and corruption charges was not legal, Judge Chris Nicholson found in the Pietermaritzburg High Court on Friday.


The judge emphasised that his ruling did not relate to Zuma's guilt or innocence, but was merely on a procedural point.

He had strong words for the National Prosecuting Authority (NPA), saying it would have been wise for the NPA to allow Zuma to make representation at the time of him being recharged.

"I believe the NDPP [National Directorate of Public Prosecutions] ought to have heard the applicant's representation," Nicholson said.

He also said that Zuma's claims that there were political undercurrents in his prosecution were not completely unbelievable.

Outside the court, thousands of supporters cheered as news of the judgement filtered through, while inside the court, Zuma was congratulated by people queuing to shake his hand.

Immediately after the judgement, ANC spokesperson Steyn Speed told the Mail & Guardian Online that the ANC welcomed the judgement. “It vindicates the position that we have taken of repeated violation of dignity and rights of Mr Zuma," he said.

Speaking amid loudly celebrating Zuma supporters in Pietermaritzburg, ANC Youth League spokesperson Floyd Shivambu said: "We came here to celebrate and we are going to celebrate. This [the judgement] exposed Thabo Mbeki and everybody who did this to him [Zuma]."

Congress of South African Trade Unions (Cosatu) spokesperson Patrick Craven said he was very happy with the judgement. “Not just because of the specific ruling that obviously was in favour of Mr Zuma, but also because of some points he [the judge] made that implicate what we have been saying about political influencing.”

He said the judge had made it quite clear that there had been political influencing in this case.

The charges

Zuma faces a charge of racketeering, four charges of corruption, a charge of money laundering and 12 charges of fraud related to the multibillion-rand government arms deal. He was charged in 2005 but that case was struck from the roll in 2006. He was recharged in December 2007.

The ANC leader's court application to have the decision to prosecute him declared unlawful should "not be lightly entertained", Nicholson said as he started handing down his lengthy judgement.

In August, state advocate Wim Trengove, SC, had told the court the decision by NPA acting head Mokotedi Mpshe to recharge Zuma in 2007 should be viewed independently of the move to charge him in 2005.

"The current decision [by Mpshe] was a decision that was taken on a clean slate," Trengove had said in the state's opposition of Zuma's court bid.

Zuma's legal team had contended the charges should be dropped because the state had not offered him the opportunity to make representation when it decided to charge him again.

The Zuma camp had argued that the Constitution guaranteed the right to make representations when the NPA reversed a decision, but Trengove had told the court that Zuma should not even have argued about the decision to charge him in 2005, because that case was scrapped from the court roll by Judge Herbert Msimang in 2006.

On Friday, Nicholson quoted lengthily from other judgements on similar cases, but said this case was different from those cited by Trengove.

He traced the history of the investigation against Zuma back to 1999 when Independent Democrats leader Patricia de Lille tabled allegations of arms-deal corruption in Parliament, and the subsequent conviction of Zuma's financial adviser Schabir Shaik.

The judge said the country needs to rid itself of the "cancer that is devouring our body politic", and that political infighting "is not a concern of this court".

'Bizarre'
Zuma claims that the decision to prosecute him was a reversal of a decision taken by Ngcuka, who announced in August 2003 that the National Prosecuting Authority would not prosecute Zuma because it did not believe that it had a "winnable case". But after Shaik was found guilty of corruption in 2005, the state decided to charge Zuma after all.

It was bizarre that Zuma was not charged alongside Shaik, said Nicholson, if it was true that there was prima facie evidence against him. He said the crimes of bribery that former national director of public prosecutions Bulelani Ngcuka had spoken of were "bilateral" -- involving another person -- and it was "most strange" not to charge Zuma as a bilateral offence cannot be done alone.

The failure to prosecute Zuma with Shaik "brought the justice system into disrepute", Nicholson told the court.

The judge said Mbeki's decision to fire Zuma after the Shaik corruption conviction was unfair and unjust, but not illegal given his powers to appoint his Cabinet and his deputies. He added that Zuma believed his sacking was part of rivalry for the ANC presidency and a strategy to stigmatise him as corrupt.

Nicholson noted that, early into the investigation, Ngcuka had said he would take representations on the case and he never withdrew this offer. Zuma's legal team did approach the acting national director of public prosecutions to find out whether the case was under review and were told that it was an ongoing investigation.

Referring to the friends of the court's application for a commission of inquiry, Nicholson said he had no power to order this. Only the president had these powers, Nicholson said, but he did suggest a commission of inquiry into the arms deal.

Earlier this year, a Constitutional Court challenge by Zuma failed. He contested the lawfulness of search-and-seizure operations by the state.

Emotional day
Emotions had been running high in the build-up to Zuma's court appearance on Friday. A pro-Zuma march turned violent in Durban on Wednesday, and stones were hurled at police and vehicles damaged.

Hundreds of supporters had gathered outside the Pietermaritzburg High Court on Friday morning and sang songs backing Zuma before the court session began. The judgement was broadcast to those outside the court and on national television.

The mood in the courtroom was jovial as almost 40 photographers and television camera operators were briefly allowed to take pictures of the legal teams and senior members of the ANC seated in the gallery.

The entire ANC national executive committee was seated in the front row, behind the witness box where Zuma was standing.

In Gauteng, a planned picket on Friday by members of the ANC, Cosatu and the South African Communist Party outside the Johannesburg High Court did not take place.

Cosatu spokesperson Siphiwe Mgcina said the Johannesburg metro police had approved the protest pending the approval of the chief judge. "We were only informed this morning that the chief judge refused," he said.

About 200 Zuma supporters, many in ANC T-shirts, demonstrated outside the offices of the National Prosecuting Authority in Cape Town on Friday morning.

Obstacle

The case is the biggest obstacle to Zuma succeeding Mbeki. A long trial might mean Zuma's legal battle overlaps with the general election in 2009, which he would almost certainly win, and the combination could increase political instability in Africa's biggest economy.

While the uncertainty makes investors uncomfortable, they expect the case to drag on and are more focused on the effects of global market turmoil, said Razia Khan, regional head of research for Africa at Standard Chartered, this week.

Zuma denies the charges of money-laundering, corruption, fraud and racketeering but has said he will step down if convicted.

He has, however, made a remarkable political comeback despite the damage to his image. He has been more decisive than Mbeki on the post-election turmoil in Zimbabwe. He has stayed close to unions, promised to help the poor and courted foreign investors.

On Tuesday this week, Zuma reaffirmed his belief "in the rule of law, the independence of the judiciary and the constitutional mandate of our judiciary to be the final arbiters in disputes".

"We will never undermine these institutions. We seek to protect and strengthen them, as the ANC has always done since 1912," he told an audience at the University of Johannesburg.

On Wednesday, ANC Youth League leader Julius Malema was quoted by Independent Newspapers as threatening to "eliminate" forces opposed to Zuma, but saying of Nicholson: "We believe in the judge because he looked very sober."

He added confidently that "Zuma will be released on Friday".

There was outrage this week when a newspaper published a Zapiro cartoon of Zuma undoing his trousers and appearing to be ready to rape a woman representing the justice system. Zuma was acquitted of rape in 2006.

The charismatic politician's supporters say he is the victim of a political witch-hunt by backers of Mbeki.

Zuma defies the odds again

from News24
Michael Georgy

Johannesburg - Close escapes have become a habit for Jacob Zuma, whose corruption trial was called off on Friday and who now looks set to become South Africa's president in a dramatic political comeback.

Dismissed as deputy president in 2005 over accusations of corruption, the populist leader avoided trial on a technicality only to face renewed charges that have now been thrown out by the judge.

In the meantime, he was acquitted in a rape trial and managed to wrest the leadership of the ruling African National Congress from President Thabo Mbeki, who has to step down next year after an election Zuma is almost guaranteed to win.

Zuma's rise has worried some investors, who fear his left-leaning trade union, and communist allies will try to steer him away from policies behind economic growth.

But he has been working his charm over the past few months, exuding confidence despite the enormous pressures and huge costs of his legal battle, rebuilding an image that his court appearances have done nothing to improve.

On trial for rape, Zuma stunned many when he said he took a shower after unprotected sex with his HIV-positive accuser to protect himself.

Just last week, millions of South Africans woke up to a newspaper cartoon of Zuma unbuckling his belt and about to rape a woman symbolising justice, causing outrage in the ANC and unions.

Allegations that he took bribes in connection with a huge arms deal arranged by South Africa often overshadowed his status as an anti-apartheid hero who spent a decade in prison with Nelson Mandela.

According to the latest graft charges that have now been dropped, Zuma was accused of taking 783 bribes totaling over R4 million rand over a 10-year period. He was also accused of soliciting a bribe from a French arms firm.

Struggle

Describing Zuma's rivalry with President Mbeki as a titanic struggle, the judge who cleared him of graft allegations said there had been political interference in the case, vindicating the Zulu politician.

Zuma has pulled off yet another surprise.

"I think it's a huge victory for him personally and for those who have backed him. It's an astonishing judgment in the links it makes to validate the claim that there is a political conspiracy against him," said Nic Borain political consultant to HSBC Securities.

Zuma's followers have never wavered and their support has grown ever more fervent through the trials.

Most are from black townships not far from Johannesburg's fancy malls, glaring reminders of the deep inequalities that still exist in post-apartheid South Africa.

Zuma has not spelled out how he would ease problems such as widespread poverty and crime, or say how he would tackle Aids. But charisma has always carried him through. The ANC's dominance means he can be confident of being elected next year.

Zuma has kept promising to help the poor, courted foreign investors and even delivered a speech alongside South Africa's chief Rabbi to address the problem of racism as part of an image polishing campaign.

Zuma may not have the academic understanding of economics that foreign investors might prefer, but has proven himself as a skilful mediator.

By taking a tougher stand on Zimbabwe's crisis than Mbeki, he won esteem in the eyes of Western countries that felt the South African president was too soft.

From KwaZulu-Natal province, Zuma has earned respect as a peacemaker at home, mediating between the ANC and the Zulu-dominated Inkatha Freedom Party in the early 1990s to head off a possible civil war.

A former member of ANC's Umkhonto we Sizwe military wing, Zuma rose to become head of intelligence, a post that gave him leverage with allies and opponents alike.

Zuma often follows traditional ways, shedding his suit for Zulu regalia - a shield and cow hide - when he retreats to his rural homeland.

Thursday, 11 September 2008

SA waits for Zuma ruling

from News24

Durban - The best legal minds have been heard on whether the Scorpions decision to prosecute African National Congress (ANC) president Jacob Zuma was legal, but on Friday it will be their turn to listen as Judge Chris Nicholson hands down his decision.

In fact, the whole nation will be listening and waiting for the news out of Pietermaritzburg High Court A.

Irrespective of the decision, police will be on high alert while the media conveys to the public Nicholson's decision on Zuma, the man next in-line for the country's presidency.

In August, State advocate Wim Trengove SC, told the court the decision by National Prosecuting Authority (NPA) acting head Mokotedi Mpshe to re-charge Zuma in 2007 should be viewed independently of the move to charge him in 2005.

Who will be right?


"The current decision [by Mpshe] was a decision that was taken on a clean slate," Trengove told the court in the State's opposition of Zuma's bid to have the decision to prosecute him declared unlawful.

Zuma faces a charge of racketeering, four charges of corruption, a charge of money laundering and 12 charges of fraud related to a multi-billion rand arms government arms deal.

He was charged in 2005 but that case was struck from the role in 2006.

He was re-charged in December 2007.

His legal team contends the charges should be dropped because the State did not offer Zuma the opportunity to make representation when it decided to charge him again.

The Zuma camp argues that the constitution guarantees the right to make representations when the NPA reverses a decision.

But Trengove told the court that Zuma should not even argue about the decision to charge him in 2005, because that case was scrapped from the court role by Judge Herbert Msimang in 2006.

Who will be right and who will be wrong? Thousands, if not millions will be waiting with bated breath.

Should Nicholson agree with the argument that was presented by Kemp J Kemp, the question will arise whether charges can again be instituted against Zuma, especially since the country's ANC-led government intends disbanding the Scorpions.

Nothing preventing charges from being re-instituted


Professor Managay Reddi, a criminal law expert from the University of KwaZulu-Natal, said that should Nicholson rule in Zuma's favour, there was nothing preventing charges from being re-instituted against Zuma.

However, this would have to be with the prior representation that Zuma's legal team have demanded.

Yunis Shaik, the brother of Zuma's former financial adviser Schabir Shaik, who was sentenced to 15 years' imprisonment on two counts of corruption and one count of fraud, told Sapa he would be watching the unfolding of events in Pietermaritzburg.

"We would be delighted (with a decision in Zuma's favour), but I can't anticipate which way Nicholson would rule," he said.

Friday's decision would "have no bearing" on his brother's case.

Shaik was found guilty in 2005 of attempting to solicit a R500 000 bribe for Zuma from French arms manufacturer Thales International (formerly Thompson-CSF).

If Nicholson rules in favour of the State, Zuma's legal team have already said it will seek a permanent stay of prosecution.

Zuma's attorney, Michael Hulley, could not be reached for comment on Thursday.

Among those waiting for the decision will be the legion of Zuma supporters from the ANC and its alliance partners the Congress of South African Trade Unions and the South African Communist Party.

They are expected to converge on Freedom Square (formerly Market Square) on Friday.

Several thousand supporters are expected to attended a vigil in the square on Thursday night.

The alliance's top leadership are expected to be in court in support of Zuma.

Hotels through out the city are reportedly booked out.

A television crew had to book accommodation in a town 35 kilometres from the KwaZulu-Natal capital.

Several of the city's streets have been closed off and police spokesperson Superintendent Henry Budhram said there would be enough police on the ground to deal with any situation.

Tuesday, 9 September 2008

Zapiro: I thought carefully



Cape Town - Cartoonist Jonathan Shapiro on Monday defended his controversial cartoon of Jacob Zuma preparing to rape justice, saying he thought "very, very carefully" before doing it.

The African National Congress and its tripartite alliance partners have condemned the cartoon as disgusting, while ANC secretary-general Gwede Mantashe labelled it racist.

The cartoon, published in the Sunday Times under Shapiro's pen-name, Zapiro, shows a blindfolded female figure labelled "justice system", being pinned down by Zuma's political allies.

The ANC president is depicted in the cartoon unzipping his pants, while Mantashe urges him: "Go for it, boss!"

Shapiro said he "absolutely" refuted the racism charge, and that his record in the struggle years spoke for itself.

"There is a very, very pronounced tendency in this country towards exceptionalism, as if our politicians are more sacrosanct than politicians worldwide. That I take issue with," he said.

"I really feel strongly that they have to take a hard look at what they are doing and not use the red herring of racism."

He said he was not surprised that the cartoon had provoked strong reaction, as the image was "outrageous", and a "very explosive thing".


Asked females friends' opinions

He had thought "very, very carefully" about how women would view it, and before publication sent it to several women friends whose opinion he trusted. Their immediate reaction was one of shock.

However they all then said that the cartoon not only showed graphically what was actually happening to the justice system and constitutional principles, but that it contained a second level of criticism on violence against women in a very patriarchal society.

Shapiro said the blindfolded figure of justice was an allegorical figure going back centuries.

"The fact that Jacob Zuma has this personal history is his problem," he said.

Zuma, who is president of the ANC, was charged with raping a young woman in 2006, but was found not guilty.

Earlier on Monday the ANC, its youth league and the SA Communist Party said in a joint statement that the cartoon was distasteful and "borders on defamation of character".

The organisations said the Sunday Times had disguised abuse as press freedom in publishing it.

Subliminal suggestions

In his blog Constitutionally Speaking, University of the Western Cape constitutional law academic Prof Pierre de Vos said on Monday that though he had always been a great fan of Zapiro, he wondered whether the cartoonist had now gone too far and done something "immoral and ethically deeply problematic".

He said he agreed with Zapiro that some of the leaders who had been championing Zuma's cause had acted despicably, and that Zuma, through his silence, had abetted them.

However he wondered whether by using the metaphor of rape, Zapiro was not "cheapening" the horror of the act and helping to desensitise people.

De Vos also asked whether Shapiro was undermining respect for the judiciary he was purportedly defending, by suggesting subliminally that Zuma should have been convicted in the rape trial.

His piece drew a flood of comments from his readers, most of them disagreeing with him.

"It is time someone drew attention to the shocking behaviour of these political figureheads and their most avid supporters," wrote Thea Beckman.

"We cannot allow a man who believes loyalty to be above the Constitution to take the reins of our country. Well done Zapiro."

From News24

Monday, 8 September 2008

House robberies soar

By Mary Corrigall

The reign of terror unleashed on South Africans in their homes by gangs of armed thugs is worsening dramatically.

Residential robbery is up by 14,5 percent nationally, according to the police's 2007-2008 crime statistics.

Based on these figures, every day almost 40 homes are invaded by armed robbers.

And it is not only robberies that are threatening the sanctity of the home. Sixty-eight percent of hijackings happen in driveways, according to Richard Brussow, a former policeman who runs the National Hijack Prevention Academy.

The 2007-2008 police statistics show that the frequency of car hijacking has increased by 4,4 percent and that there has also been a spike in business robberies, the frequency of which has gone up by 47,4 percent.

These figures prove that crime threatens almost everyone, at whatever level of society, in this country.

"The annual increase in the rate of house robberies poses an immense threat to our personal security," Dr Johan Burger, a senior researcher for the crime, justice and politics programme at the Institute for Security Studies, told The Sunday Independent.

"We are under siege."


Residential robbery is differentiated from residential burglary in that it is classified as a crime in which armed individuals enter a private residence by force with the intent to rob.

An example of this was last week's horrific attack in Meyersdal, south of Johannesburg, in which a couple's daughter was gang-raped and both parents were shot and wounded by the police, who mistook them for the robbers.

Residential robbery is a relatively new category of crime, listed separately in the police's crime statistics for the first time in 2002.

"It used to be a sub-category of aggravated robbery. It was smallscale when it started out. But as this type crime grew it began to attract the attention of the police, and the need to record it as a separate crime type became a necessity," said Burger.

During the first year residential robbery was defined, 9 063 cases were recorded and since then the figure has grown steadily, with 14 481 incidents logged for 2007-2008.

"Business robberies have also increased, so when you are at work you are also at risk. Shopping malls and restaurants are all places of work, which means that you are never safe," said Burger.

For those who can afford it, the fight-back is under way.

People are retaliating with state-of-the-art security systems that incorporate lasers and cameras, armed guards outside their homes, by joining community associations and community policing forums, and by setting up websites that monitor and report on robberies in the neighbourhood.

eBlockwatch is one of the largest crime-fighting community networks in the country. It has 60 458 members, according to its founder, Andre Snyman.

Profiles of criminals are posted on the website and information is shared among community members by SMS and on the internet. The information generated by the system is passed on to the police and has led to arrests and convictions, said Snyman.

However, according to the Institute for Security Studies' 2007 victim survey, 60 percent of South Africans do nothing to protect themselves against crime and only 20 percent have attended a meeting of a community policing forum.

But Burger said there was little citizens could do to curb residential robbery.

"Research shows that robbers are highly organised. They use their own transport and acquire the services of people working at security companies and in government departments before they target your home."

The state's response to residential robbery has been very slow, according to Burger.

"The arrest and conviction rate for this crime is low - criminals aren't scared. The chance of getting away with this kind of crime is very high," he said.

In Gauteng, where the incidence of residential robbery is the highest in the country, intensified policing initiatives, such as Operation Iron Fist and Operation Trio, have been introduced over the past few years.

Though they have had some effect, bringing the number of house robberies in the province down by 5,4 percent, the incidence remains high.

"What is 5 percent? Let's say there are 10 robberies in one community - that community is going to be living in terror. All it takes is one tragedy," said Firoz Cachalia, Gauteng's MEC for community safety.

Cachalia said that having an efficient police force was insufficient if the entire criminal justice system was ineffective.

"Our arrest rates were increasing but not our conviction rates: we were getting the police to be more effective but we weren't taking [criminals] out of the system, which is really what counts."

This article was originally published on page 1 of Sunday Independent on September 07, 2008

Source:IOL

Friends grieve for slain KZN family

from IOL / Daily News

By Heinz de Boer

Flowers laid on the driveway and a photograph showing a group of smiling boys in school uniform were the sombre reminder of the grisly murder of the Sham family in their Dulwich Road, Stamford Hill, home.

"It was an honour, my friend - Jaryd", is written at the bottom of the black and white picture, which hangs from the gate behind which the family was tied up and robbed on Friday.

Done with their victims, the four men, who had apparently gained access through the back fence, slit the throat of each of the family members.

There has been an outpouring of grief and anger after the murder of Naren Sham, 56, a city attorney, retired teacher, Meera, 56, and their third year UKZN law student son, Kavir, 20.

Friends gathered at the home on Sunday to pray for the family. Among those was the man tasked to find the killers, Detective Inspesctor Mukesh Panday of the organised crime unit.

Crime scene experts flown in from Pretoria to help unravel the mystery. The experts will find out how four armed men broke into the fortress-like house which is secured by an electric fence, high walls, an armed response company and permanent security guard.

Once inside, the men used cable ties to bind the Shams and their domestic worker, who was forced into another room. The family then had their throats slit before the men broke into a safe, police spokesperson, Superintendent Jay Naicker, said.

The domestic worker managed to open a separate door with her chin and attract the attention of the security guard.

The guard alerted the Sham's son-in-law, Neeraj Ramnarain, who lives in a separate home on the property. Police now hope to discover more through the forensic investigation. Anyone with information can contact Panday at 082 376 2590. The funerals will be held at the Clare Estate Crematorium on Monday.

White man!

We regret to inform you that your kind has been slated for termination. We, the various Third World majorities of Africa, Asia, India, South America, and the Middle East assert that your long history of success at building civilizations, developing new technologies, creating stable governments, fostering good will, feeding much of the world, and increasing peace and prosperity even amongst the riotous hordes of our own homelands, has made us envious and resentful of you. We, who make up 92% of the global population, feel that we can no longer accept the great disparity between your success and our abject failure. The solution to this inequality should be obvious to all concerned.

We are planning to invade your ancestral homelands, little by little, and to facilitate this, we have the full cooperation of your controlled media and government, academia, and law enforcement organizations. While we, personally, do not control any of these entities ourselves, we are profiting endlessly from the crypto-Marxist system put in place many decades ago by an ethnic "fifth column" which operates with complete impunity at all levels of your political, academic, and media culture. Their interference in the natural development of your constitutional republics has been indispensable to our efforts to wrest from you the control of everything that you've struggled to build and maintain over the last century. Indeed, were it not for them, none of our present plans would have even been possible.
By carefully controlling and managing the schools, universities, media, and press, this "out group" has managed to convince the great bulk of your racial kinsmen that not only is resistance futile, but that it is immoral, barbaric, depraved, and unworthy of a "thinking" individual. By promoting the stereotype of a "racist redneck resistance", they have made the idea of a struggle for White Identity a veritable sin in the minds of nearly every White person. In short: they have convinced European-derived peoples that a prolonged suicide is preferable to the unmitigated evil of "racism".

While doing this, they have pushed, inch by inch, to open the borders of ALL White nations to our own sullen masses, throwing open the gates to invasion while assuring the public that "race doesn't matter". Since race, in fact, DOES matter (and no one knows it better than We), they have likewise put into place a totalitarian system of "hate speech" and "hate crime" laws, to further alienate and penalize those few Whites who might harbor some simmering resentments at the increasing decay of their society and culture. All of this is in keeping with the far-reaching plans of this particular ethnic "out group", and has been sometimes referred to as the "Long March".

The Out Group, who maintains a sense of racial cohesiveness hitherto unknown among even the most tightly-knit of all dispersed human peoples, maintains a grip on the press and electronic media that is nearly monopolistic in its all-encompassing reach. Since they are so thoroughly in control of these organs for the dissemination of propaganda, they are in the best position to spread hostility against the White peoples of Europe and America, inciting the minority against the majority in these lands: Black against White, Latino against White, Asian against White, Arab against White, Indian against White, and so on, and so forth.

This is facilitated by decades of brainwashing, beginning in early school years, portraying Whites not as the builders of a great civilization, or the admirable leaders of the Free World, but in a lopsided, entirely slanted way as oppressors, enslavers, genocidal "Nazis", southern Klansmen, imperialistic Colonials, and toothless hillbillies just itching for a chance to lynch the first colored individual that comes along. This brainwashing not only inflames the minorities in these now racially-mixed "schools", but also inculcates a sense of "White guilt" that the Out Group finds particularly useful in maintaining control.

Hence, you Whites have become a neutered, egoless herd of cattle, easily manipulated and posing no threat to the Out Group, who live in perpetual terror of your ever waking up to their plans. The Out Group has a long-running resentment and fear of White civilization, and thus have worked within that civilization to undermine its cohesion and sense of purpose. The promotion of homosexuality, pornography, drugs, divorce, illicit sex, moral relativism, atheism, communism, gun control, "anti-racism", and "civil rights", has been the greatest boon to this subversive faction, who are but a tiny minority among you, but who wield awesome, incomparable power.

Thus, in light of the fact that you are socially, morally, mentally, intellectually, and even legally castrated, We, the teeming masses of the Third World who thirst for what you have and what we can never obtain, are going to finally swamp your once noble and advanced societies, your pristine cities and unsullied neighborhoods, and rape your countries for everything they are worth.
We are going to move in, right under your noses, and set our churches, mosques, synagogues, and strange gods up in place of your own. We will ensure that OUR celebrations and festivities and holidays are observed, while YOURS are erased from the pages of history.

We will drain the public coffers of welfare, food stamps, and all forms of social aid available. We will swamp your children's schools, change the language in which lessons are taught, form street gangs to terrorize and torment your family, steal, vandalize, harass, threaten, and cajole you until we get what WE want.
That it will be entirely at your expense is irrelevant to us.
We will beat and murder your sons; we will rape your wives and daughters.
We kill twelve Americans every day; your government could care less.

We have shut down hospitals with our teeming numbers. We have flooded the streets, demanding "special rights" for those millions of us that are here illegally.
We nearly had your major politicians ready to grant all of us an "amnesty" in the name of "diversity" and "equal rights". We are filling up the ranks for unskilled labor. We are raping pre-teens. We are doing the jobs Americans won't do.

As your global economy crumbles, and it gets harder and harder to feed your families, as your birthrate plummets and you face the eventual dispossession of the country your forefathers founded for YOU and YOUR posterity, just remember: there is nothing you can do to stop us. The Out Group has made sure that the law is on OUR side, not yours. No matter how piffling your criticism of us is, the Out Group will use their media to label you with shocking epithets and broad smears: racist, hater, bigot, neo-Nazi, nativist, White supremacist, domestic terrorist, etc.

If we want to, we can assault and kill you with near impunity. The media will not report it, and if they do, they will place the blame for the assault squarely on YOUR shoulders, not ours. In Jena, Louisiana, a White boy was beaten mercilessly by six black criminals. The media made the criminals into the victims.

We watch these developments carefully, and we like what we see. Soon, you will be a minority even in your own homelands (you are already a minority worldwide), and we will continue to squeeze and squeeze until there is nothing left of you. We will crush your countries, your cultures, and eventually, we will snuffle out your lives.
Beethoven, Mozart, Shakespeare, and all other bourgeois manifestations of your high culture will be vanquished forever. All of your legends and heroes will be spat upon, purged, and finally forgotten. Your cultural folkways will be transgressions; your identity will become a crime.

We come for your JOBS, your MONEY, your WOMEN, and eventually your LIVES. It will not be much longer now.
In closing, We, the huddled masses of the Third World yearning to "breathe free", would like to thank the Out Group, the media monopolists and political plunderers who made all of this possible. We wish them well, and we know they wish us well, just as long as we don't trespass upon their own homeland, which they stole fair and square several decades ago.

Adios, White man! You had a good, long run, but your day is over, and ours is just beginning. Your empire is at an end, and your race is no longer wanted here. We'll have our fun with you while you still hang on by a thread, but soon, the thread will be cut, and the abyss yawns beneath you and the civilization your kind spawned.
Besides, many of you are even anticipating this with something akin to sick glee. After all, that's how the TV set told them to feel. The brainwashing is almost complete, and the sheep are in line to shear.

Have a nice day!

Written by Ben Dayir

Disturbing trend in ANC

from News24
Cape Town

There is a disturbing trend in the African National Congress of confusing patriotism with party loyalty, according to former African National Congress MP Carl Niehaus.

Writing in the Cape Times on Monday, he said the greatest danger for the ANC came not from any other political party, but from "mixing up" issues of party loyalty and discipline, with patriotism.

This resulted in an expectation that the party line and leadership should be followed blindly, and that the judicial and democratic institutions of the state should merely be instruments to carry out ANC policy.

"There are disturbing trends in this direction, and if it continues, this more than anything else will become the undoing of this great people's movement," he said.

It might seem from the high seats of power that the people would always vote for the ANC, but there was no given "eternity", and people were not voting fodder.

Self-enrichment

Political office was no longer seen in the party as a place from which to serve, but as a platform to launch personal ambition and for self-enrichment.

"Those who squander the ANC's liberation dividend in this way must not think that no damage is done," he said.

The damage might not be visible in next year's election results, but history offered precedents for a slow process of erosion, followed by a devastating collapse.

Niehaus, a former political prisoner, is now executive director of a Johannesburg-based consulting and investment company.

Wednesday, 3 September 2008

South Africa losing executives to Australia

from IOL

The average executive turnover in South Africa for the period August 1 2007 to July 31 2008 increased to 13,5 percent compared to 10,5 percent in the same period last year, Human Capital at Deloitte said on Tuesday following its annual survey.

"This statistic extrapolates to South Africa losing up to 50 percent of its executives every four to five years," Deloitte spokesperson Willem Verwey said.

Australia had replaced the UK as the most popular destination for executives leaving South Africa, he added.

Reasons for attrition at the top levels of companies included early retirement (22 percent), emigration (15 percent), lack of career advancement (11 percent) and retrenchment (11 percent).

A full 60 percent of the relatively high number of executives emigrating gave their reason as being crime and violence, with better employment opportunities being cited by 35 percent of respondents and company transfers 30 percent.

Manufacturing and finance were the two sectors which reported the highest percentage of executives emigrating over the last three years.

The survey also found that executive salary increases for the period August 1 2007 to July 31 2008, averaged 9,3 percent.

"When we published the results of our research last year, participants anticipated increases of 7,5 percent - however, with the rate of inflation escalating from 8,8 percent to 13 percent, companies have obviously had to take steps to ensure that their executives' salaries have kept pace with price increases," Verwey said. - Sapa

Another racist attack at Test

Beeld

Herman Scholtz

Johannesburg - Yet another alleged racial incident took place during the Tri-Nations match between the Springboks and the Wallabies on Saturday.

On Monday SA Rugby offered a reward of R10 000 for the identification of three men who are said to have assaulted a black woman.

No one has yet been identified in the incident, during which three men apparently twisted Ms Ziningi Shibambo's (30) arm behind her back and made racist remarks.

But Steven Parker (31) of Fourways, Johannesburg, said on Tuesday this was not the only incident during Saturday's game.

Two white men apparently attacked a black man in the beer garden outside Coca-Cola Park.

"At about 19:30 I saw two men hitting a helpless black man while the rest were laughing. I asked them what their problem was and they said the black man had stolen their beer.

I offered to buy them some more beer so that they would relax, but they weren't interested," Parker said.

The two white men, allegedly a father and his son-in-law, confronted Parker. According to Parker they said: "We are all whites here and now you're taking the kaffir's side."

Parker then hit the older man and a fight broke out.

Two members of the police broke up the fight a few minutes later, but by then four men were already lying on the ground.

Black men had raped his fiancée


"I didn't hit them to hurt them. But we must get rid of these people. They hit him because he was black," Parker said.

After the emotions had subsided, the son-in-law apparently told Parker in tears that black men had raped his fiancée.

"I told him he should go for counselling. That black man was not the one that raped his fiancée."

Ricky Meyer, the operational manager of the stadium, said they are aware of the incident and are also trying to identify the offenders.

Parker took some cell phone photos of the incident, and these will now be used in the investigation.

Meyer said claims that the stadium did not provide enough security guards for the match were unfounded.

"There were about 800 regular guards. Then there were another 175 metro police members and 260 police."

Saturday's match served as a trial run for contingency plans for the 2010 soccer world cup tournament.

Several people contacted Beeld to say that these types of incidents are "normal" and are unnecessarily attributed to racism.

Johan Bekker (27) from Krugersdorp related how he was attacked by two black men at the same stadium a few weeks ago.

"They called me a white bastard and threw bricks at me, among other things. I was in hospital for two days and my hand was fractured in four places. It still looks like a CV joint on my hand.

"But no one said anything then about racism," Bekker said.

SA Rugby spokesperson Andy Colquhoun said they are not making an exception with the latest incident.

"We would have been just as upset if the woman was white. Unfortunately there is a culture where people just keep quiet about these incidents."

Monday, 1 September 2008

Africa, don't blame the whites

Mfonobong Nsehe
August 25, 2008, American Chronicle

Recently, as part of an academic assignment at school, I was engaged in an intellectual debate with a few colleagues. We were seeking answers to the roots of Africa´s problems. It was an interesting discussion for me. Shockingly, the majority of my colleagues subscribed to the idea that the major cause of Africa´s social-political and economic problems was the legacy left behind by the colonial masters. As far as they were concerned, the colonialists ruined Africa for good. For the records, they had some strong arguments to support their claims. I do not intend to go into that.

Africa is known as the problem continent. And indeed, the problems are legion- Poverty, diseases, famine, poor leadership, religious conflicts, ethnic clashes and corruption are a few of them. With each passing day, the problems increase. For long, the economic and social underdevelopment of the African nation has been blamed on white colonialists who exploited the land and left Africa bare. Up till now, the blame game continues.

Africans are usually quick to blame most of its problems on the evils of colonialism. We sometimes blame the violence on the borders colonialists created that ignored ethnicity. Many African nations have been independent for four decades. If colonial borders were a major problem, how come they haven't changed them?

Colonialism cannot explain Third World poverty. Some of today's richest countries are former colonies, such as the United States, Canada, Australia, New Zealand and Hong Kong. Some of today's poorest countries were never colonies, such as Ethiopia, Liberia, Tibet, Nepal and Bhutan. The colonialism argument is simply a cover-up for African dictators and people.

For as long as African keep bickering about the past without focusing on the future, the African people will continue to suffer. Pointing fingers at the colonial masters won't change the fact that the majority of people in Africa are living and dying in horrible conditions. The Europeans colonized Africa about 400 years ago. Right now, Africans are in trouble because they cannot manage their own problems. Instead of brainstorming and finding solutions to its numerous social and economic problems, the people hold out a begging bowl to the west in one hand, while punishing the remaining white people in the land with the other. (Does Robert Mugabe, Zimbabwe and the Zimbabweans come to mind?)

We are responsible for our problems, but we prefer to blame others than to take a good look in the mirror. Fine, the colonialists were a bunch of bunch of greedy no-gooders, but if truths must be told, the self-interest of early colonialists pales in comparison to the personal greed of African leaders today. Those who blame Africa's problems on colonialism must not forget that the experience was not unique to Africa. Generally, the Asian countries that also experienced colonialism are doing fairly well. So what has Africa, or to be more precise, its leaders, been doing for the past 40 years?

What Africa needs is a lot of self-criticism. The fact that Africa breeds and worships figures like Mugabe, because of their own anti-white racism is disheartening. It's incredible that any white sends aid to Africa when Africans are anti-white racists.

You can't solve Africa's problems until the lies are all stripped away and you start comparing yourself to say Taiwan. Taiwan is not white, yet they have made amazing progress. They made this progress by managing their economy properly, and by working hard.

We need to strip away the black ideology that says that whites didn't do anything other than enslave blacks and are rich because of the exploitation of blacks. Taiwan didn't get rich because of that. So why do Africans think that that's how whites got rich?

And blacks enslaved blacks too; it's part of human history everywhere. So why isn't Africa rich due to the enslavement of themselves?

Were Africans better off under colonial administration than the despots who replaced them? Most African countries have had their independence for over three decades, yet, the report card our leaders have shown us are wars, famine and gross corruption. While it may be argued that Britain and other European countries did us more harm than good in colonizing us, it is high time we faced reality and realized that we are the architects of our own destiny. We need to choose what is good and bad, what future we want, and whether colonialism took us closer to what we want.

It's time we as Africans took responsibility for our troubles and stopped trying to guilt-trip the West into accepting responsibility for our problems. Since time immemorial, there have been empires- even African. These empires have always left great damage in their wake, but such damage is rectified through rebuilding and hard work, but not by laying blames and casting aspersions. As long as we look back in history to blame our troubles on the colonial masters, Africa will continually be the backward continent the whole world believes we are. To turn around the fortunes of Africa, it will take work and vision. And so Africa, enough with the blame games. Let´s shut up, re-examine ourselves, go back to the drawing board, rectify our mistakes and move on with our lives.