global south african news wrap 8 june 2012

7/31/2019 Global South African News Wrap 8 June 2012

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Global South African Weekly News Wrap Up 08 June

2012

Contents

Zuma wields R400m incentive for youth support ..................................................... 3State seeks global partners for green economy projects ........................................ 5State looks to attract competition in broadband ....................................................... 7Govt seeks partners to create green jobs: Molewa ................................................... 8Red-faced Brits sorry about Stem blunder ............................................................. 9Angola oils campaign to secure AU vote for SA...................................................... 10Zuma pleads with big business to aid upliftment .................................................... 13'Mining sector, we're all ears' ................................................................................... 14Stop Mdluli now, judge orders police ...................................................................... 15SKA is shared, but MeerKAT is ours exclusively, says Fanaroff .......................... 17Zuma appoints top cop .............................................................................................. 19Teaching must be made essential service .............................................................. 20Service-delivery protests overrun Cape Town ........................................................ 22Another anthem outrage ........................................................................................... 23Riot puts spotlight on 'violation' of refugees ........................................................... 24Top cop takes on Ramphele ...................................................................................... 27Engineers reject state building firm ......................................................................... 28Rights in SA constitution are all equal .................................................................. 30Advocates removal delays arms deal probe ........................................................... 32Zuma,'Tobias demystified complex science'............................................................ 33Legal challenge to education bungles ....................................................................... 34Education system a 'national disgrace' .................................................................... 35'Jobless on the brink' ................................................................................................. 36600 pupils forced to share two pit latrines ............................................................... 37'Drop Freedom Charter at your peril' ..................................................................... 40SAA has never been properly capitalised, says CEO........................................... 41SAs failed immigration policies a waste of money .............................................. 43Cosatu set to push for minimum wage policy .......................................................... 44Hawks probe bribery claims in MTN Iran deal ...................................................... 45

NUM berates Numsa for populist stance ................................................................. 47ANC is in trouble and masses leaderless, says Numsa ........................................... 48Mdluli meddling exposed in prosecutor's attack on NPA ...................................... 50Manyi to get the chop ................................................................................................ 53Police force meltdown ................................................................................................ 55Top two speak on status and service ........................................................................ 57State cannot build cheaperManuel ..................................................................... 61Court lays down law to SAPS on Mdluli ................................................................. 63Stop this bioscope now, MPs tell police top brass ................................................... 64Cosatu set to push for minimum wage policy .......................................................... 65NUM berates Numsa for populist stance ................................................................. 67Top cop takes on Ramphele ...................................................................................... 70


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Riot puts spotlight on 'violation' of refugees ........................................................... 72ANC Delaying Youth League Mans Return ........................................................ 74Unions give state wage ultimatum ............................................................................ 75What a Circus!The war in the SA Police Service over controversial top cop

Richard Mdluli took on absurd proportions yesterday afternoon. ....................... 76Tokyo hits campaign trail with songs and promises ............................................... 79Swoop on Zuma's son ................................................................................................ 80Arms deal inquiry hits the skids ............................................................................... 81State Security digs in its heels on info bill................................................................ 84Spirit of our constitution is increasingly ignored .................................................... 85Zuma busy sacrificing youth to get re-elected ...................................................... 87Celes likely successor no career policeman ............................................................ 88City and Cosatu on collision course over Obama ................................................... 90Governance limbo holds SA back ............................................................................. 91DA is closing in on ANC, says Vavi .......................................................................... 92


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7 June 2012

Business day

Page 3

Setumo Stone

Zuma wields R400m incentive for youth support

The agency and youth development finance bodies that preceded it have been run byappointees from the league

PRESIDENT Jacob Zuma has a R400m carrot to dangle at the African NationalCongress Youth League (ANCYL) when he decides on recommendations to a newNational Youth Development Agency (NYDA) board this month.

The agency and youth development finance bodies that preceded it have been run byappointees from the league. But Mr Zuma and the dominant faction in the league arenot the best of friends, which will make his selection of the national chairman all themore interesting.

NYDA chairman Andile Lungisas term expired in April. Mr Lungisa is a close ally

of Julius Malema, and has stood by his comrade, despite the latters expulsion from

the African National Congress (ANC). The expiry of this term gives Mr Zuma theopportunity to neutralise youth league members opposed to him taking a second termas ANC president, by preventing them from serving in the NYDA national andprovincial offices.

That way he can influence the NYDA and the youth league, and rid it of his enemies.At stake is the NYDAs budget of R400m year the agency can dispense as patronage.

With interviews having taken place in Cape Town last week, interested youth bodiesboth political and civil society formationshave been campaigning for theirpreferred candidates to make the cut.

Political analyst Ralph Mathekga says Mr Zuma will be "looking for something inreturn" when he makes his choice. "It is one of the avenues available to him. There isan opportunity to trade patronage."

The ANCYL has nominated Mr Lungisa to serve another term. But can Mr Zuma lethim be reappointed, and therefore let a political enemy enjoy the spoils of hisgovernment?Mr Lungisa would also have the stigma of the World Festival of Youth and Students

the so-called "kissing festival"hanging over his head. Questions have beenasked whether the event was worth the R100m funding it was allocated.

Even so, says Mr Mathekga, Mr Lungisas return would be the "least politicallycostly" possibility for Mr Zuma, particularly because Mr Lungisa "seems to havematured into the position".


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On the other hand, the Young Communist League (YCL) has nominated its chairman,Yershen Pillay, who is NYDA deputy chairman.

The choice of the young communist could prove awkward for Mr Zuma, who wouldbe all too aware of how damaging a close association with the South African

Communist Party (SACP) can be ahead of the Mangaung elections.

Already, Mr Zumas closest defenders at least in publiccome from the SACP.Blade Nzimande and Gwede Mantashe, both leaders in the SACP, were at theforefront of the protests against The Spear, Brett Murrays painting that depicted Mr

Zuma with his genitals exposed. If Mr Zuma selects Mr Pillay, he may fuel feelingswithin the ANC that he takes his cue from the communists.

It would also be difficult for Mr Zuma not to choose the chairman from the ANC-allied youth formations. Mr Mathekga says there is almost an implicit protocol thatthe NYDA should be led by someone from within the ranks of the youth league.

"Appointing someone outside could antagonise the entire youth formation within theANC alliance," he says.

It is understood that youth league national executive committee memberMaropeneNtuli was among those short-listed. Her appointment could also besupported on the basis of gender balance, which would make her the first woman tolead the agency. However, Ms Ntuli has been widely linked with a group in the leaguethat is behind Mr Malema.

YCL spokesman Mangaliso Khonza says Mr Pillay is an ideal candidate, as he hasbeen responsible for a lot of good work that the agency has performed, includingfunding youth co-operatives.

The final decision on the NYDA board rests with Mr Zuma in his capacity as head ofstate. A parliamentary ad-hoc committee which conducted interviews last week willrecommend several names to Mr Zuma from the 28 candidates that have been short-listed. The announcement could be made by Mr Zuma on Youth Day, next Saturday.

The M&G understands that even at Luthuli House, ANC senior officials haveexpressed unease about Manyis record as government communicator, saying there

was a problem when the person tasked with communicating instead became the story.

Approached for comment on Thursday, Manyi said he was not prepared to commenton the matter.

Chabanes spokesperson, Harold Maloka, told the M&G that he was not aware of any

discussions between the minister and Manyi over contractual matters.

Adversarial relationship with mediaAccording to a recent Sunday Times report, Jessie Duarte, a former ANCspokesperson and now chief operations officer in the presidency, has been mentioned

as possible successor, as has Manyis deputy chief executive, Vusi Mona.


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According to sources at the GCIS, Manyi was advised by his deputies this week toaddress staff about his possible departure from the government, but he apparentlyrefused.

Manyi, who has had an adversarial relationship with the media for most of his tenure

as chief government communicator, is no stranger to controversy. Last month he wasaccused of meddling in matters that had nothing to do with him when he accusedeNews of censoring itself by not showing advocate GcinaMalindi breaking down incourt. This was during the hearing into the ANCs application to force the GoodmanGallery to remove Brett Murrays The Spear painting.

Some senior GCIS staff were also concerned over Manyis hiring of former Black

Management Forum and Tiger Brands colleagues for important jobs, feeling that hisdecisions had been swayed by his past relationships with them, which he denied at thetime.Manyi was suspended from his position as director general of the labour department

in June 2010 following allegations that he had used an official meeting withNorwegian diplomats to solicit business on behalf of an associate.

He had also faced consistent criticism from the BMF for the wearing of two hats, as

BMF president and a government official.

In 2011 he raised the ire of Minister in the Presidency Trevor Manuel, who labelledhim a racist in an open letter after Manyi made remarks about an oversupply of

coloureds in the Western Cape.

6 June 2012

Business DayPage 2

Sue Blaine

State seeks global partners for green economyprojects

The Green Fund is run through the Department of Environmental Affairsand managed by the Development Bank of Southern Africa

Water and Environmental Affairs Minister Edna Molewa said yesterday thegovernment hoped to form partnerships with international fundinginstitutions to spend the R800m the Treasury has made available overthe next two financial years for SAs Green Fund.

The fund is run through the Department of Environmental Affairs andmanaged by the Development Bank of Southern Africa.

The government hopes that boosting SAs "green economy" can help

catalyse the general economy and make a dent in the countrys highunemployment rate, which hovers around 25%, and especially in youth

unemployment. An estimated 75% of the unemployed are under the age of

35.


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The South African Green Funds primary objective is to provide

catalytic finance for "high quality, high impact green economy projects

and mainstreaming activities which would not have been implementedwithout fiscal support," Ms Molewa said at its launch last month.

The Green Economy Accord, signed last November by government, business,

organised labour and a "community constituency", commits signatories tobuilding a more environmentally sustainable economy that promotes

employment creation.

While commentators across the board say it is difficult to quantify thegrowth in SAs "green economy", many say it is growing briskly.

In the governments New Growth Path document which promised 5-millionnew jobs between 2010 and 2020, and a "more inclusive and greener

economy" it is estimated SA could create 300000 "green" jobs by 2020.

Spending the R800m would start with the launch, within a month, it is

hoped, of the first phase of countrywide "green hubs" that Departmentof Environmental Affairs spokesman AlbiModise said were linked to theNational Waste Management Strategy. Mr Modise said he was not at

liberty , until the launch, to divulge more.

Both Business Unity SA environmental adviser Lorraine Ltter and KPMG

climate change and sustainability services partner Neil Morris saidSAs green economy was growing, although it was difficult to quantifythe expansion.

"Increased environmental performance requirements require growth. Justthe IPP (the independent power producer procurement programme for

renewable energy), which is coming off a low base, is a quantum leap,"said Ms Ltter.

The programme is intended to produce 3725MW of electricity fromrenewable resources by 2016. SA gets less than 2% of its energy from

renewable resources.

The Department of Environmental Affairs has a R7,7bn budget for itsprogrammes, aimed at increasing water security, improving ecologicalintegrity, restoring lands productive potential and investing in SAs

most marginalised communities.

Speaking yesterday in Bloemfontein at International Biodiversity Daycelebrations, Ms Molewa said: "We are extending partnerships to keyinternational funding institutions such as the World Bank CleanTechnology Fund and the newly-established Green Climate Fund (a UnitedNations Framework Convention on Climate Change operating entity). Ourgovernment has also entered into the Green Economy Accord dubbed one

of the most comprehensive social pacts on green jobs in the world. Itbuilds a partnership to create 300000 new jobs by 2020 in the greeneconomy."

5 June 2012Business Day

Page 2Bekezela Phakathi and Paul Vecchiatto


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State looks to attract competition in broadband

The government wants to reduce the cost of broadband drastically,

through the introduction of more competition into the tightly regulatedmarket, Communications Minister Dina Pule yesterday.

Opening the ICT Indaba Africa Conference in Cape Town, Ms Pule saidmost of the new growth in data access could be attributed to the rise

in the number of mobile broadband subscribers using handheld devicessuch as smartphones.

She said mobile broadband subscribers grew by 31% last year to reach4,2-million people in SA.

However, a recent study by Google SA, found that internet penetration

in SA was low compared to other leading economies in Africa due to highbroadband costs and a lack of infrastructure.

Yet, with a number undersea cables set to come online within the nextfew months, there is optimism that broadband could become significantlycheaper.

Ms Pule also said the government was concerned that broadband prices

remained "very high based on purchasing power parity in comparison withsome OECD (Organisation for Economic Co-operation and Development)countries such as Mexico, Chile and Hungary".

She said the envisaged reduction would be made through a licensingprocess, during which the government would identify capable internetservice providers (ISPs) that would make use of radio frequency

spectrum to push down broadband prices. "These ISPs big and smallare also expected to offer affordable broadband services to poor SouthAfricans ," Ms Pule said.

Telecom s regulatory lawyer Dominic Cull described the statement as"serious good news".

Mr Cull said because more than 42-million people in SA used mobilephones, it was the most efficient way to meet the governments overall

intention of getting as many people as possible connected to theinternet by 2020.

"Mobile data is really quite unaffordable for the vast majority of the

population. However, by regulating the wholesale part of the market andderegulating the resale side, that will introduce competition and this

has proven the best way to bring prices down," he said.

Ms Pule also said the government would be looking at ways to introducemobile services within the 700MHz and 800MHz bands, normally used forTV broadcasting.

Mr Cull said the International Telecommunications Union had recentlydetermined that those frequency bands, being freed up by the migrationto digital TV, could be used to roll out the next generations of mobile


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technology. "What the minister said today could really be good forconsumers and the industry, just as long as she is not conflating the

infrastructure (frequency) issues with data services," he said.

Speaking at the same conference yesterday, SafroaduYeboah-Amankwah,partner at global management consulting firm McKinsey, said ICT growth

in Africa over the past 10 years had been spectacular.

"The African consumer has become internet savvy however, businesses

in Africa are not taking full advantage of the internet," he said,which in Africa was generally used for entertainment.

6 June 2012The New Age

GuguMyeni and Sapa

Govt seeks partners to create green jobs: MolewaThe government is seeking partnerships to create 300,000 new jobs inthe green economy, Water and Environmental Affairs Minister Edna Molewasaid on Tuesday.

"Our environment sector green economy implementation plan has this yearreceived a boost of R800m for the Green Fund over the next twofinancial years," Molewa said at World Environment Day celebrations.

The department would use the funding to attract new and additionalinvestments, to stimulate job creation and to lay the foundations for

South Africa's transition to a low carbon, job-creating and resource-efficient growth path.

The country has entered into the Green Economy Accord, which has been

called one of the most comprehensive social pacts on green jobs in theworld.

Molewa said the implementation of the projects would offer the country

the opportunity to close the scarce skills gap in this sector.

"We have observed that it was insufficient and needed to besupplemented by formal training at higher learning institutions."

Molewa said the department will be launching the first phase ofcountrywide green hubs, with various satellite and regional operations.

The project would be launched in Mangaung where more job opportunities

would be created as part of the department's waste management strategy,which focused also on job creation.

"Waste is wealth and we aim to prove that in line with our efforts to

reduce, re-use and recycle waste, we could create job opportunities forall our young people," said Molewa.

The minister also called on the youth to play an active role to helpcreate a green-economy.


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"I would like to urge all young people to heed this call and be part of

the transition towards a job-creating and pro-poor green economy.Tomorrow belongs to those who prepare themselves today," Molewa said.

World Environment Day, founded by the United Nations General Assembly

in 1972, seeks to promote the protection and conservation of theenvironment.

Molewa said this year the country will celebrate under the

international theme Green Economy: Does It Include You?" and June willbe declared world environment month.

'We will mobilise all the three spheres of government, the privatesector, NGOs and you the citizens to implement integrated interventions

to protect the environment for our and future generations sake," she

said.

Join Minister of Water and Environmental Affairs Edna Molewa at The NewAge Business briefing on the 11th of June 2012 at the SandtonConvention Centre, for a discussion on a Green Economy: Sustainabledevelopment and poverty eradication and its challenges for business.

Delegates will get first hand opportunity to interact with the Ministeron;

What is a Green Economy?How far are we from a Green Economy?

Who gains from the Green Economy?How do we measure our progress towards a Green Economy?

Why should business promote Green investment and innovation?How does the concept of Green Economy contribute to achieving the

overarching objective sustainable development, including povertyeradication, job creation and social equity?

The breakfast will be facilitated by SABC's Morning Live presenter,Peter Ndoro.

This event is aimed at providing a platform for robust and constructive

discussions amongst the leaders of industry in South Africa.

Event details

Date: 11 June 2012Time: 07:00 to 09:30 (Live on SABC2)Venue: Sandton Convention Centre

7 June 2012

Cape Times

Page 1

Xolani Koyana

Red-faced Brits sorry about Stem blunder


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Great Britain Hockey has apologised to SA Hockey for playing Die Stem in error atthe Investec London Cup.

The South Africans lodged a complaint with the competition manager after a snippetof Die Stem, the apartheid anthem, was played before the Proteas game on Tuesday

against Great Britain, which SA won 31.

Last night, the team accepted the apology.

GB Hockey Board communications manager Lawrence West said the SA team hadreceived a face-toface apology from the contractor responsible for the mistake and GBHockey chief operating officer Sally Munday yesterday afternoon.

West said Munday had also written to SA Hockey Association chief executiveMarissa Langeni, stating: Great Britain Hockey, the organiser of the Investec

London Cup, offers a full and unreserved apology to the South African womens

hockey team and their supporters for mistakenly playing the wrong national anthembefore South Africas match with Great Britain on Tuesday afternoon.

She said the correct anthem would be played before South Africas remaining

matches.

In a statement earlier, Langeni said they had been disappointed and embarrassed

by the blunder.

The anthem played caused our team much discomfort as they stood, not knowingwhat to do with themselves. This incident has robbed our team of what should havebeen a moment of pride.

We are extremely happy that the Great Britain Hockey has offered an apology t o theteam after we circulated that e-mail about our dissatisfaction with the wrong anthembeing played. We are also pleased that the COO of Great Britain Hockey went to theteam and gave the apology personally, Langeni said.

8 June 2012Business DayPage 1

Ray Ndlovu and Khulekani Magubane

Angola oils campaign to secure AU vote for SA

Region flies teams around Africa to lobby for Dlamini-Zuma

Angola is bankrolling a concerted campaign to secure SAs efforts to win support for

Home Affairs Minister NkosazanaDlamini-Zuma to lead the African Union (AU) witha $200000 pledge to finance lobbying ahead of the AU summit.


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Oil-rich Angola, signalling its foreign policy ambitions on the continent, hascombined in the campaign with SA, which is chartering aircraft to take teams ofcabinet ministers to lobby around the continent.

The move places it in direct conflict with Africas other oil powerhouse, Nigeria,

which supports the incumbent AU c ommissioner, Gabons Jean Ping.

Political observers said yesterday the cash injection by Angola was an indication of an"all-out" offensive by the Southern African Development Community (Sadc) to haveits candidate elected.

In January, neither Mr Ping nor Ms Dlamini-Zumawere able to gain the two-thirdsmajority vote needed to land the leadership of the AU. The stalemate forced thecontinental group to call off the race until next month, when it meets again in Malawi.

A confidential report detailed proceedings at the extraordinary Sadc summit in

Luanda last week when the bloc discussed at length Ms Dlamini-Zumas candidacy.

"Angola had pledged $200000, of which $174000 was received by the s ecretariat,"the report reads.

Sadc executive secretary Tomaz Salomao said yesterday he could "neither confirmnor deny" the payment from Angola, and when the remaining $26000 would be paid.

At the summit SA was tasked by Sadc with the responsibility for chartering aircraftfor "lobby teams for the duration of the campaign", the report stated.

The three teams, which began their work on April 29, included representatives fromAngola, Namibia, Tanzania, Mozambique, Zambia and Zimbabwe.

There is a South African Cabinet minister on each teamState Security MinisterSiyabonga Cwele , Justice Minister Jeff Radebe and Public Enterprises MinisterMalusi Gigaba .

The lobby teams were tasked with a second visit to nine countries before the AUsummit. C ountries targeted include Sierra Leone, Senegal, Egypt, Guinea-Bissau,Togo, South Sudan, Burkina Faso, Libya, Tunisia, Morocco and Algeria.

The Sadc report paints a gloomy picture of the prospects of an outright victory for MsDlamini-Zuma.

"The campaign teams visited 28 countries in the continent, of which 12 confirmedtheir support for Sadcs candidature, nine were not, four were uncertain, two were

also uncertain, but may vote for Southern Africa, while one did not know who to vote(for)," the report from Luanda reads.

Diplomatic sources, who could not comment officially but are close to the lobbyingcampaign, said yesterday the three-way split among AU subregional organisations

with different positions held on the AU post by Sadc, the Common Market for Eastern


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"It is part of peacekeeping efforts, the Brics group of nations and, come the AUsummit, it could mark the rise of SAs diplomacy on the continent."

Persistent speculation in political circles was that President Robert Mugabe wouldvote for Mr Ping as punishment for President Jacob Zuma over his hardened stance

against the 88-year-old veteran ruler.

But Simon KhayaMoyo, Zanu (PF) national chairman and former ambassador to SA,yesterday confirmed his partys support for Ms Dlamini-Zuma.

"Zanu (PF) fully supports the position of Sadc. We are part of a family, the Sadcfamily, and as a family we have assumed a common position around the AUcandidate and Zimbabwe will stick to that decision," Mr Moyo said.

4 June 2012The Times

Page 4MhlabaMemela

Zuma pleads with big business to aid upliftment

President Jacob Zuma on Sunday made an impassioned plea to businessmento help uplift the lives of the poor, especially in rural areas.

Zuma was speaking during a church handover ceremony at Nkandla, in

KwaZulu-Natal.

Pleading with companies to commit money to the cause, Zuma saidcorporations should emulate Patrice Matsepe, the executive chairman of

African Rainbow Minerals.

The church was constructed by African Rainbow Minerals in conjunction

with the Jacob Zuma Foundation. It was given to first lady SizakeleMaKhumalo Zuma on behalf of the Salvation Army. Members of variouscongregations gathered in KwaMamba to celebrate.

MaKhumalo approached African Rainbow Minerals, through the foundation,to build the church in the area which, until yesterday, had no place of

worship. Services had previously been held in a mud hut.

Said Zuma: "The history is that people living here never had a church.

"This church will not only serve as a place of worship but also as animportant assembly point for communities to discuss and identifyprojects and initiatives to improve their villages and living

conditions."

Zuma said churches had a critical role to play in communities, such asbuilding respect, self-discipline and humanity among the young.

He said there was a difference between a person raised in the churchand one who was not.


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FransBaleni, general secretary of the National Union of Mineworkers, said the timingof this week's mining conference before the ANC's policy conference was "critical".

"Our role is how do we reposition the mining industry to face current challenges. We

discussed as stakeholders and concluded that we have to do something about itourselves because we think it is inappropriate that others take a decision without us.

"For that reason, we probed a number of issues; for example, the extent of theimplementation of key pieces of legislation, your Mineral Petroleum DevelopmentAct, the mining charter - how far we have gone - and how we respond effectively asfar as the transformation agenda is going.

"We also engaged in policy debate, which includes the role of the state in mining,nationalisation or no nationalisation, infrastructure development and thecompetitiveness of the mining industry."

7 June 2012

The Times

Page 1

Graeme Hosken

Stop Mdluli now, judge orders police

In a landmark decision, the Pretoria High Court has prevented beleaguered crime

intelligence boss Lieutenant-General Richard Mdluli from working.

The order comes a day after Mdluli's lawyer, Ike Motloung, warned of direconsequences of the order and the precedent it would set.

Motloung argued that those seeking the order wanted President Jacob Zuma removedfrom office.

Mdluli is on suspension after the Johannesburg Labour Court on Sunday rescinded anearlier order granted by the same court overturning his previous suspension.

It is the third time since November that Mdluli - who is facing five separateinvestigations - has been suspended.

He is also facing allegations of fraud, corruption, money laundering, murder,kidnapping, assault and defeating the ends of justice.

In a scathing judgment, Judge Ephraim Makgoba severely criticised the police andgranted lobby group Freedom Under Law its urgent court application.

Freedom Under Law, along with the Social Justice Coalition and Corruption Watch,sought a court order seeking the suspension of Mdluli and preventing acting police

commissioner Lieutenant-General NhlanhlaMkhwanazi and Police MinisterNathiMthethwa from assigning any duties to him.


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The three groups are also seeking a review of the controversial decisions to dropcriminal and departmental charges against Mdluli. They want him to be preventedfrom working until the review has been completed.

Addressing a packed courtroom, Makgoba, said: "None of those opposing theapplication have denied the allegations made against Mdluli.

"The constitution requires the police to prevent, combat and investigate crime;maintain public order; protect the country's inhabitants and uphold and enforce thelaw.

"The applicants make it clear in their affidavit, which has not been denied, thatserious allegations of criminal conduct have been levelled, which affect theconstitutional duties of the police.

"The police have a duty to act decisively against any member whom criminalallegations are levelled against.

"These allegations are no ordinary allegations. They are serious criminal acts whichgo to the very fabric of public order and security, which have to be dealt withpromptly."

Makgoba said the matter was of considerable public importance.

"The sooner the saga is brought to an end the sooner the credibility of the police,security service and the justice system can be restored," the judge said.

He said he could not ignore the serious nature of the allegations and that it was in thenational interest that finality be reached.

"The respondents' arguments miss the point of the application, are without merit andhold no water.

"The applicants want Mdluli prevented from working to preserve the integrity of theinvestigations into allegations against him and the functioning of the police."

Citing Mdluli's suspension, "un-suspension" and re-suspension, Makgoba questionedhow one could trust "this time round" that the current suspension would not be lifted.

"It is unfortunate [that] allegations of political interference have not been disputed.The applicants' argument that this could happen again is not far-fetched.

"It would be unconscionable that Mdluli continue with his duties with the allegationsstill looming.

"The applicants show a prima facie case in the impact of the police to carry out [their]constitutional mandate.


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"Irreparable harm can be caused by Mdluli resuming his duties. The applicants'prospects of success on the review application are good and there is a strong primafacie basis for the review."

ZackieAchmat, representing the Social Justice Coalition, said the order was a defining

moment for all South Africans.

"Had it not been for the country's free press, this battle would not have been won.This order sends out a hard-hitting message, which renews the public's confidence inthe justice system," he said.

He said the order was a vital ruling.

"It shows the police have to do the right thing. The police, who are there to enforcethe law and protect all South Africans, have a duty to obey the law and arrest anyofficers who break the law."

Corruption Watch executive director David Lewis said the order was more than whathe had expected.

"It is a resounding victory. These are not ordinary allegations made against ordinarypeople. They are extraordinary allegations made against extraordinary people inextraordinary positions who hold extraordinary powers.

"It will ensure that, while a date is set for the review of the decision to drop thedepartmental and criminal charges against Mdluli, he will not be able to interfere inthe course of justice."

State lawyer Mandla Zulu said: "Although we wanted Mdluli suspended, just likeeverybody else, we had to oppose this. We cannot accept a situation where courts tryto run government. This decision effectively means that.

"This entire case was based on what the media says. There is no evidence to suggestanything else," Zulu said.


Sarah Wild

SKA is shared, but MeerKAT is ours exclusively, saysFanaroff

The Square Kilometre Array (SKA) would not affect construction of theprecursor MeerKAT telescope, which would remain a wholly South Africanproject, SKA SAs director, Bernie Fanaroff, said this week.

The international SKA Organisation said last month that SA andAustralia would share the mammoth R23bn radio telescope, and that it

would include the two countries precursor telescopes.


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"We will still be building the MeerKAT. The tenders will be awarded

soon," Dr Fanaroff said, though he would not say when.

The MeerKAT, which is taking shape in the Karoo region near Carnarvon,Northern Cape, will be one of the largest and most sensitive radio

telescopes in the southern hemisphere until the SKA is completed inabout 2024.

In this years budget, Finance Minister PravinGordhan allocated about

R895m to the MeerKAT over the medium term.

However, Dr Fanaroff said he was unable to estimate the total price tagon MeerKAT construction, because "we will have to wait for the tendersto be awarded".

SKA SA infrastructure manager Tracy Cheetham said on Monday there were

two types of tenders: those for site infrastructure and those for the

dishes themselves.

Infrastructure plans included roads, electricity and communications

reticulation, a landing strip, building construction and radiofrequency interference.

Ms Cheetham said the first MeerKAT tender had been awarded, going toCape Town-based company Brink & Heath Civils. The tender included civilworks for roads, the landing strip, construction camps and electricaland fibre ducting reticulation. It had a price tag of R113m, accordingto the National Research Foundations website.

Dr Fanaroff said that a mixture of South African and internationalcompanies had submitted tenders, but "the SKA will be international

tenders".

However, Ms Cheetham said South African companies were preferred for

MeerKAT, following regulations issued by the Treasury.

While the MeerKAT was a separate project from the SKA, "we tried toincorporate the specifications of SKA Phase 1 in our planning so we

can expand (the MeerKAT) quite easily", she said.

Last month, the SKA Organisation said most of the SKA dishes in the

first phase would be built in SA, combined with MeerKAT.

Further SKA dishes would be added to the ASKAP array, Australiasprecursor telescope, Ms Cheetham said.

"All the dishes and the mid-frequency aperture arrays for Phase 2 of

the SKA will be built in Southern Africa while the low frequencyaperture array antennas for Phase 1 and 2will be built in Australia."

The arrays that have been allocated to SA required more infrastructure.Dr Fanaroff said SAs share amounted to about 70% of the SKA, after the

announcement.

8 June 2012


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The New AgeDe Wet Potgieter, Siyabonga Mkhwanazi and Abram Mashego

Zuma appoints top cop

President Jacob Zuma is set to act swiftly to address the leadership crisis in the SAPolice Services (SAPS) when he appoints the countrys new police chief early next

week.

Highly placed sources told The New Age last night that Zuma is consideringappointing either a top general from within the SAPS or Labour Department director-general Nkosinathi Nhleko.

The same sources told The New Age that he is inclined to the appointment of

someone from within the SAPS rather than another politician to the top post.

The source said: This is a decisive move by the president to act once and for all in

his quest to stabilise the embattled and controversy-ridden SAPS. The appointment ofsomeone from within the SAPS will go a long way towards restoring credibility andmorale within and outside the police.

This latest development comes against the background of the acceptance bysuspended police chief Bheki Cele that he will soon be out of a job.

Cele was vague about the rumours of his sacking when The New Age approached him

for comment yesterday afternoon: Speak to those who say I am fired.

Asked what would be his next step if he was fired, the angry police chief said: Your

question is very arrogant. Go and ask those who said Ive been fired. Can you ask adead man if he is dead?

Cele is South Africas second national commissioner of police since apartheid to pack

his bags in ignominious circumstances, following his predecessor, the jailed JackieSelebi.

Meanwhile, as the suspension of the countrys former crime intelligence boss,

Richard Mdluli, was once again endorsed by the High Court this week, it becameapparent that the long knives are also out for acting commissioner NhlanhlaMkhwanazi.

With Mkhwanazi poised to be sidelined, observers say the national police force isimploding.

Describing the situation as a growing crisis, senior police officers and intelligencesources warned that effective safety and security was at a crossroads.

It is now high noon for President Jacob Zuma with his police service, said another

source.


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Zumas imminent appointment of Nhleko has been made easier by the luxury vehicle

controversy presently engulfing Mkhwanazi, the source said.

It is alleged that Mkhwanazi authorised the use of R35m from a controversial secretslush fundthe Secret Services Accountto buy luxury vehicles for the police.

This was done to ensure that the budget was spent. The same source told The NewAge that Mkhwanazi had made a fewenemies with certain factions of the ANCwith his no-nonsense attitude in making sure Mdluli remained in the wilderness.

Ministerial spokesperson ZweliMnisi said last night that Minister Nathi Mthetwawould not comment.


Sarah Wild

Teaching must be made essential service

A shortfall in human capital development is identified as the keyweakness in SAs national system of innovation

Teaching at all levels should be declared an essential public service,according to a report by a ministerial review committee on science,

technology and innovation, which Science and Technology MinisterNalediPandor will today present to Parliament.

A shortfall in human capital development has been identified as the keyweakness in SAs national system of innovation.

Other recommendations in the report include moving the governments

technical and scientific services such as forensic laboratoriesinto science councils; allowing foreigners to compete on an equalfooting with South Africans for research jobs, and that the R700mallocated to fund knowledge infrastructure for the next six years be

doubled.

The 1996 white paper on science and technology envisioned a national

system of innovation to move SA from a resource-driven economy towardsa knowledge-based one, which would facilitate economic growth,development and employment.

"A national system of innovation can only be judged as healthy if theknowledge, technologies, products and processes produced by thenational system of science, engineering and technology have beenconverted into increased wealth, by industry and business, and into an

improved quality of life for all members of society," the white paperreads.

The report on the ministerial review, gazetted on May 31 and open for

public comment until June 31, makes several recommendations to realisethat vision.


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"We had to reach beyond the mandate of the Department of Science andTechnology to give our best view about how a national system of

innovation would work national, not just the department ,"

ministerial review committee deputy chairman Prof Wieland Gevers saidyesterday.

"Educating the young people of our country is an essential service,

just like health and the police the country has no future unless the

basic education (crisis) is solved. (All committee members) areunanimous that basic education is the key national problem. The

ability of unions to frustrate that ship should be ended."

The Congress of South African Trade Unions (Cosatu) and the NationalEducation, Health and Allied Workers Union said yesterday they would

strongly oppose making teaching an essential public service.

Cosatu spokesman Patrick Craven said : " We are still a developing

country with large levels of unemployment. We have to prioritise ourown people."

Prof Gevers said while there might be objections to some of therecommendations, "the core of the (proposed) system will certainly go along way to making us stronger".

The main thrust of the review is the recommendation for an independentoversight body, the National Council on Research and Innovation,consisting of representatives of the government, business and research

bodies.

The committee found that SA had achieved "only very limited"integration and coherence among the various arms of society, research

agencies and government departments.

"The exclusion of some actors, such as the private sector, or the

persistence of insulated silos, for example in some governmentagencies, contributes to the weakness of the current system," thereport reads.

The council would determine SAs innovation and research focuses and

allocate funding accordingly.

The committee recommended the National Advisory Council on Innovationbe transformed into an office for research and innovation policy, whichwould review policy and monitor and evaluate science, technology andinnovation players, institutions and agencies in SA.

"The present national system of innovation is not a proper system, it

is only a part of it," Prof Gevers said. "It should be demand-led andshould be systemic, going through every area of the country.

"For example, the justice system. It is intolerable that people are

sitting in prison for years, waiting for someone to process a bloodtest. There should be a 24-hour turnaround."


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The committee recommended that while SA developed its own human capitalresources, work permit regulations for foreign researchers should be

relaxed, allowing them to compete with South Africans on an equalfooting.

Ms Pandor said yesterday a working group in her department was sifting

through the recommendations, the legislative implications, structureand institutional proposals.

"Once weve gone through all of that, and given people a chance to

comment, then we will indicate to the public what we will do."

5 June 2012The TimesPage 4

Quinton Mtyala

Service-delivery protests overrun Cape Town

CAPE Town experienced its first major service-delivery upheaval thiswinter with five violent protests at the weekend.

Residents of the Siyahlala informal settlement in Philippi nearGugulethu vented their anger when they were told, at a public meeting

on Saturday, that electricity could not be installed in their shacksbecause their homes were situated on privately owned land.

The subsequent violent protest saw Lansdowne Road between Gugulethu and

Philippi closed to traffic for just over five hours.

One person was arrested for public violence.

But the City of Cape Town's mayoral committee member for safety andsecurity, JP Smith, blamed the area's ANC ward councillor ThembinkosiPupa for deliberately spreading incorrect information, leading to the

protest.

And with most of the city's metro police dispatched to quell theviolence, Smith said the protests had displaced the city's stretched

resources.

"Instead of people getting the policing that ratepayers are paying for,

the metro police are at service- delivery protests."

Smith said protesters had caused damage to public infrastructure on theweekend, digging trenches in parts of Lansdowne Road, making it

impassable for traffic and uprooting traffic lights and poles.

"In some cases video footage was taken and in one incident a known citycouncillor [Pupa] was identified as an instigator," said Smith.

Responding to Smith, Pupa said he could not be blamed for the

subsequent violence which happened after Saturday's public meeting inthe area.


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"The land is privately owned and it's in the process of beingtransferred. I don't know what he's [Smith] is saying when he points me

out as an instigator."

Pupa said he was called by the police to "calm down" the tension in thearea.

The city's mayoral committee member for human settlements, Ernest

Sonnenberg, said the Municipal Finance Management Act prevented thecouncil from installing services on privately owned land.

He said there was currently a legal dispute between the owner of theland and the department of rural development and land reform over itssale price after the government had offered to buy the area, whichwould subsequently be transferred to the city.

Senior researcher at the Institute for Security Studies Johan Burger

said service-delivery protests like the ones in Cape Town happened

mostly in winter when deprivation was felt more "vividly".

7 June 2012

The Times

Page 3

Andile Ndlovu

Another anthem outrage

Performing your country's national anthem in front of thousands of people -sometimes even millions - can be a daunting task.

But what happens when you don't even recognise the music that is supposed be yourown country's national anthem?

The South African women's hockey team looked perplexed ahead of their matchagainst Great Britain in West London on Tuesday when the apartheid anthem, DieStem, was played instead of NkosiSikekel' iAfrika.

The organisers of the Investec London Cup were left red-faced after questions were

asked how they played a cut of an anthem that has not been played since the early1990s.

The organisers said they had outsourced the job of looking after national flags andanthems ahead of matches to a private contractor.

CEO of Great Britain Hockey Sally Munday apologised to the South African teamand supporters via her association's website yesterday.

"Standard procedure would be to check anthems to be played with visiting teams inadvance. However, on this occasion that did not happen and Great Britain Hockey

accepts full responsibility," she said. "Great Britain Hockey and its contractor


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appreciate the sensitive nature of this unfortunate mistake and we apologiseunreservedly for the offence caused."

SA Hockey Association CEO Marissa Langenisaid : "We have received the apologyand a phone call from [Munday] herself and we're happy with [ it] and we've put [the

matter] to bed.".

The following are some of the biggest national anthem blunders in recent TV history:

Christina Aguilera couldn't have chosen a worse time to mess up her national anthemrendition - during the 2011 Super Bowl, which is watched by an estimated 111million people. Instead of singing: "O'er the ramparts we watched, were so gallantlystreaming," Aguilera was heard singing: "What so proudly we watched at thetwilight's last gleamin".

Steven Tyler, who is paid millions to judge would-be stars on American Idols,

remembered the lyrics but sounded like he was being throttled. He waved his hands asif he was drowning as he sang the Star Spangled Banner at an NFL game between theNew England Patriots and the Baltimore Ravens earlier this year.

South Africans were horrified when RasDumisani butchered the national anthemahead of a Springbok rugby match against the French in 2009. He blamed the soundsystem then.

Embarrassingly, he went on a radio show and attempted to sing an acoustic version -surprisingly managing to sound even worse, mangling the words and sounding as if hehad forgotten to take his throat lozenges.

Ard Matthews could have called upon auto-tune if he was worried about going off-key while performing at the Supersport studios ahead of the announcement of theSpringbok World Cup squad last year. So horrible was Matthews - he even chuckledduring the performance - that parliament's portfolio committee on sports andrecreation summoned the broadcaster and the SA Rugby Union to a meeting toexplain the debacle.


Mckeed Kotlolo, Graeme Hosken and Philani Nombembe

Riot puts spotlight on 'violation' of refugees

A riot at the notorious Lindela Repatriation Centre yesterday hasbrought into sharp focus the treatment of refugees by the Department ofHome Affairs.

The Legal Resource Centre, which has litigated successfully againstHome Affairs in the past on behalf of refugees, said that every day at

least 15 urgent applications were brought before the Johannesburg HighCourt alone - at huge cost to the government - by detainess who had not


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been released from Lindela within the 120 days stipulated by theImmigration Act

It accused the department of "xenophobic tendencies".

At Lindela, on the West Rand, yesterday, a protest became violent when

guards with batons charged at protesters and fired rubber bullets andtear gas into a crowd.

The initial protests at the weekend were led by about 20 refugees whowere to have been released from Lindela a week ago. They were insteadtaken in Home Affairs cars to police stations.

An inmate at Lindela who did not want to be named said: "I have beenlocked up here for more than three months and on Thursday I signed a

document that set me free.

"Instead of being released together with other inmates, we were taken

to different police stations where we spent the night.

"The following day the station commander contacted Home Affairs before

we were driven back to Lindela."

The inmate said the detainees had staged peaceful protests on Saturday

and Sunday and had told the guards that they did not want trouble butdid want to be released.

Another inmate said he had been told on Wednesday that he and others

had been held at Lindela for longer than the stipulated four months andwere going to be released.

"When we left the building, Home Affairs officials put us into a van,

saying they were taking us to Home Affairs offices in Pretoria to haveour documents fixed.

"To our surprise, they took some to Atteridgeville police station andsome to Mamelodi East police because it was late and the [Home Affairs]offices were closed. They said we would spend the night at the policestations and in the morning they would take us to Home Affairs for our

refugee documentation."

The inmate said he spent five days at Mamelodi police station.

"Yesterday morning, we were again taken into vans after the officialssaid we were being taken back to Lindela for a fresh start."

Yesterday the inmates asked representatives of the UN High Commissionfor Refugees, and Home Affairs, to speak to them.

But at 8am the guards decided to disperse the inmates.

"Several inmates were injured, some were overcome by teargas," the

refugee said.

About 100 inmates - most of them Congolese, Ethiopians or Somalis - whoopposed repatriation to their home countries took part in the protests.


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Home Affairs spokesman ManushaPillai denied that there had been a riot.

"According to reports from the head of the Lindela Repatriation Centre

there were no riots today [Monday].

"Some of the deportees, however, allegedly attempted to incite othersto riot against the department's mandate to deport foreign nationals in

breach of South Africa's immigration law," Pillai said.

But the Legal Resource Centre slammed the running of Lindela and saidan urgent inquiry was needed into the centre, which is run on behalf ofthe government by a private company, Bosasa.

"The centre holds 4000 people, with 2600 on average being held there on

any given day," said Naseema Fakir, of the Legal Resource Centre. "Mostof them are held in contravention of the Immigration Act. The breach of

the act is that most are held longer than the prescribed three months.

The excuse for holding people beyond the prescribed [period] isinadequate."

Fakir said that though Home Affairs claimed it was waiting forconfirmation of refugees' identity from their embassies so that itcould be sure that they were to be deported to the correct country the

deportations were not made.

More concerning, however, was that the department's actions had left itopen to a growing number of court cases.

Fakir said the urgent applications to the Johannesburg High Court cost

the government at least R150-million a year.

"Since February, we have secured the release of 26 refugees. The costsare immense, with each application costing R40000 from start tofinish."

Fakir questioned the outsourcing of the management of Lindela.

"There is only one doctor at the centre, with access to proper

nutrition, legal representatives and translators being other issues.

"We need to know why state functions are outsourced to private

companies when the government has a duty to protect the rights ofimmigrants."

In Cape Town yesterday, refugees and asylum seekers protested outsidethe Maitland Refugee Centre against its imminent closure.

Rights group Passop said Home Affairs had not consulted civil societyon its decision to shut the centre and that about 40000 people would bedeprived of services they desperately needed - and were entitled to.

ManushaPillai, Home Affairs spokesman, said the decision had been takenin consultation with the parliamentary oversight committee and others.

5 June 2012


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The TimesPage 5

Graeme Hosken

Top cop takes on RampheleFreedom Under Law is to fight in the Pretoria High Court today to havecharges against embattled police spy boss Lieutenant-General RichardMdluli reinstated.

This comes as Mdluli and his lawyers prepare to challenge his re-

suspension in the Labour Court in Johannesburg later this month.

Mdluli's suspension, rescinded on Friday following an urgent courtapplication, was confirmed on Sunday after the state's lawyers

successfully challenged the order as "grossly irregular".

Labour Court Judge Andr van Niekerk yesterday ordered Mdluli's lawyer,Graham Moshoana, and state advocate Mandla Zulu back to court on June21 when the matter will once again be heard.

Last month, Freedom Under Law sought a court order to have criminal and

departmental charges - which were controversially dropped - reinstated.

In a strongly worded affidavit, human rights activist Mamphela Ramphelesaid the withdrawal of the charges was unconstitutional and unlawful.

In reply, state lawyers argued in papers filed last week that the

withdrawal of Mdluli's suspension and subsequent reappointment followedproper labour practices.

Acting police commissioner Lieutenant-General Nhlanhla Mkhwa-naziargued in his affidavit that there is a "lack of urgency" aroundRamphele's application and that neither she nor the lobby group wereentitled to seek the order.

Mkhwanazi said he and Police Minister NathiMthethwa were being asked tocontravene labour laws.

"There is due process, the SA Police Service has to follow before it

suspends any of its employees.

"What the applicant is asking is that due process provisions of theConstitution, the Labour Relations Act and the Police Act be ignored. I

am advised that disciplinary regulations state disciplinary actionsagainst an employee on suspension must be brought within 60 days,

failing which the employee must be reinstated ... in this case theperiod lapsed a long time ago."

He says Ramphele's attitude was that Mdluli was not entitled toprotection in terms of the constitution and the country's labour laws.

"Before this application, the SAPS renewed investigations into certainallegations of misconduct against Mdluli ... who was given notice as towhy he should not be suspended."


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Mkhwanazi said Ramphele's attitude was unreasonable as Mdluli had been

suspended again.

In a replying affidavit, Ramphele said the matter was of "considerableurgency".

"It is striking that he [Mkhwanazi] disputes not one of the allegations

made by me. There are no grounds to oppose this. In fact, the versionreinforces this."

She said Mkhwanazi had however acted with urgency to suspend Mdlulibecause of allegations of unlawful and improper conduct.

"The degree of urgency is justified in terms of the controversy

surrounding the ill-fated reinstatement," she said.

"The urgency sought now is based on the harm caused by the unlawful and

unconstitutional decision to withdraw the criminal and departmentalcharges.

"A person holding such rank with considerable authority ... should notperform a single police function while the body of evidence against him... goes unanswered."


Page 1Mark Allix

Engineers reject state building firm

Consulting Engineers SA says it strongly opposed Human SettlementsMinister Tokyo Sexwales plans to create a state-owned construction

company

TENSION between the government and the building and constructionindustry ratcheted up a notch yesterday when Consulting Engineers SAsaid it "strongly opposed" Human Settlements Minister Tokyo Sexwales

plans to create a state-owned construction company.

The statement by the association for built-environment professionalscomes days after black-empowered engineering and construction firm

Sanyati Holdings missed publishing its annual results, citing thegovernments inability to pay its bills on time.

However, the sector is still hoping for a slice of the governments

multibillion-rand infrastructure spend to revive its flagging fortunes.The industry is in one of its biggest slumps yet.

But the Department of Human Settlements denied any decision had been

made, despite Mr Sexwale having said last month that his department andthe Department of Public Works were considering such a move.


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"The state should not set up structures in competition with the privatesector. They should be creating a platform and a conducive environment

for the private sector to excel," Consulting Engineers SA presidentNarenBhojaram said yesterday.

"We already have too much political interference in public tenders,

whether direct or indirect."

The body said it was speaking on behalf of 470 firms employing morethan 22000 people.

The Department of Human Settlements said it would soon be calling onall role players to discuss how to get the industry to do "the rightthings".

"Thats exactly the debate the minister wants to have," XolaniXundu,

head of communications at the department, said yesterday. "There is no

decision that has been taken to start a government construction

company."

He said large construction companies were not involved in the provision

of low-cost housing, and the government wanted contractors to partnerwith smaller firms and upgrade their skills.

"The minister raised that issue within the context of the problem thedepartment encounters when it comes to some not all companies thatcontinue to take the government for a ride when it comes to delivery ofthe (state) housing programme," Mr Xundu said.

The construction industry and the government have been at loggerheads

since the 2010 Soccer World Cup. The Competition Commissionsinvestigation into claims of market-and price-fixing for World Cup

infrastructure is continuing.

Consulting Engineers SA said the lack of infrastructure development due

to projects not being undertaken, as well as tender processes taking upto three years to materialise, were in large part due to a lack ofleadership in government.

"At provincial and municipal level, there is a grave lack of generalengineering skill. The internal staff are not equipped to produce clear

terms of reference or even assess the final tenders due to lack of

experience," Graham Pirie, CEO of Consulting Engineers SA, said.

"This causes backlogs in the project process and spills over to theoverall monitoring of deliverables.

"It is time to sort out the corruption and improve the process of

procurement in the built environment. The private sector has a greatdeal of skill and experience and should be encouraged to assistgovernment."

The industry body also cited inconsistency in the governments

leadership as a problem. Several CEOs, directors-general and top

management had been suspended "due to alleged corruption".


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Several listed infrastructure firms have been hit by nonpayment bystate agencies. Basil Read, Raubex ,Sanyati and Wilson Bayly Holmes-

Ovcon last month said the Free State roads department had accusedcontractors of corruption and bad workmanship and refused to pay them.

Consulting Engineers SA said yesterday it "strongly disagreed" with

President Jacob Zuma s recent statements in Parliament, where hesupported politicians being involved in private companies.

Trade and Industry Minister Rob Davies said late payment affectedsmall, medium and micro enterprises negatively. "(Such companies) carrythe heaviest burden as a result of late payments by government and bigbusiness, which creates numerous cash-flow difficulties ." he said

earlier this week.

Mr Davies said this continued to occur despite "numerous steps" by thegovernment to ensure contractors were paid on time.


Wyndham Hartley

Rights in SA constitution are all equal

President Jacob Zuma has obliquely defended the position of thegovernment and the African National Congress on the controversial TheSpear painting

President Jacob Zuma yesterday obliquely defended the position of thegovernment and the African National Congress on the controversial The

Spear painting by insisting no single constitutional right trumped anyother right.

He was also referring to a n accusation during the debate of his budget

vote in the National Assembly from Congress of the People leaderMosiuoa Lekota that he had betrayed his oath of office by failing toprotect the constitutional rights of the artist Brett Murray, thegallery curator Liza Essers and City Press editor Ferial Haffajee in

the furore around the painting.

This is the first time that Mr Zuma has even obliquely mentioned the

painting which has seen the ANC taking to the streets in protest.However, he did not name Mr Lekota.

During his reply to the debate on his budget vote, Mr Zuma used the

history of racial dispossession and humiliation of black people to makethe point that the scars of the past were still visible in the present,

and that the indignity and humiliation of the past had not beeneliminated.

"Honourable Speaker I am reminding the house of this because we should

not lose sight of the fact that this country has a history, a very,very painful history whose deep scars still show. Life did not begin in


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1994. No amount of denial will take this historical fact away," hesaid.

He then moved to reassure the house that all the rights in the

constitution would be defended, but insisted that no right was moreimportant than another.

"I would like to assure this house that as much as we fought for this

freedom and liberated both the oppressor and the oppressed alike, wewill defend all the rights enshrined in the constitution including theright to freedom of expression and the right to human dignity. No rightis superior to other rights.

"In the same vein, we must disabuse ourselves of the notion thatcertain rights are more important to certain sections of South African

society than others. Freedom of expression is as important and asunderstood and appreciated in Constantia as it is in Gugulethu.

"No right is absolute. It must be exercised with due regard to therights of others. That is the balance we have to strike at all times.Most importantly, as leaders we have a responsibility to live, uphold

and defend the constitution regardless of narrow political goals.

"No right is so important that it can be used to undermine other rights

with impunity."

Mr Zuma evoked the memory of Khoisan woman Saartjie Baartman, whosegenitals and brain were displayed in a museum in Paris, France, during

the 19th century.

"Nor do we want to reopen the wounds of the humiliation of SarahBaartman, who was painfully exhibited in London and Paris, and whose

genitals and brain were stored in a pickle jar and shown off in amuseum until the administration led by president Mandela demanded thereturn of her remains for a decent burial."

He said SA could not "go back to the period or memory of number fourprison", where black men were made to strip naked and perform the"tauza" dance.

"We dare not repeat that painful, brutal, primitive treatment of a

human being," he said.

The government, he said, was working with Austria to bring back theremains of Khoisan people taken there for experiments in 1909.

"Already the remains of Mr and Mrs Klaas and Trooi Pienaar have beenbrought back to the country and we are working on the logistics of the

reburial," he said.

Austrian scientist Rudolph Poch had taken more than 80 South Africanhuman remains to Austria for experiments.

The president also chided MPs for their behaviour in the house

following the uproar on Wednesday when the opposition called for him todecline a second term in the interests of the country.


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"We need to remember that visitors to this House need to leave with a

good impression."


Page 4Wyndham Hartley

Advocates removal delays arms deal probe

Two senior advocates appointed to the commission as evidence leadersand assessors Vas Soni and Sthembiso Mdladla have been removed

Another crisis has hit the arms deal commission of inquiry with the

removal of two senior officials at precisely the time when the

commission called for Parliament to provide it with all the documentsand reports on the arms deal in its possession.

The news that two senior advocates appointed to the commission asevidence leaders and assessors Vas Soni and Sthembiso Mdladla hadbeen removed is the latest in a number of crises to hit the commission

in the first eight months of its life.

The first was the withdrawal of Judge Willem van der Merwe shortlyafter his appointment.

About two weeks ago the secretary to the commission, Mvuseni Ngubane,

was found dead in his car after apparently committing suicide.

The Financial Mail reported on its website that Mr Soni and Mr Mdladla

had been removed for reasons that could not be disclosed. Attempts toreach commission spokesman William Baloyi for comment were unsuccessfulyesterday. He was quoted as saying the process of finding replacementsfor Messrs Ngubane, Soni and Mdladla was at an advanced stage and the

Department of Justice was assisting the commission in this regard.

The FM said it had established that after a routine vetting process,"it was discovered that Soni had failed to disclose that, back in 2008,

he had acted for Thint, the local subsidiary of French arms company

Thales, in its legal battle against the national director of publicprosecutions."

Thint, later to become Thomson-CSF, was a bidder in the arms deal and

was involved in the charges brought against the former financialadviser to President Jacob Zuma ,Schabir Shaik.

The firm featured in the charges of fraud and corruption against Mr

Zuma that were dropped before he was elected president in 2009.

Democratic Alliance defence spokesman David Maynier said thedevelopment was positive but "it does raise a question about why the

clearance process took so long and action has been taken so late in theday.


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"I will submit a parliamentary question to the minister of justice,probing what is being done to assist the commission to get off the

ground, including appointing new evidence leaders. It is imperativethat the integrity of the judicial commission of inquiry into the arms

deal should be beyond question," he said.

Separately yesterday, a letter from the commissions head, Judge WillieSeriti, was tabled in Parliament requesting Parliament "to provide it

with copies of all reports generated by or submitted to Parliament orany of its committees relating to the procurement of the arms that isthe subject of the commissions inquiry, prior to and after the

acquisition of the military equipment in question; the names andcontact details of the members of parliamentary committees seized withthe issues relating to the procurement of the arms in question; and thedocuments and information requested by 15 June 2012".

7 June 2012

The New AgeSapa

Zuma,'Tobias demystified complex science'

Leading South African palaeo-anthropologist Professor Phillip Tobias demystifiedcomplex science with a tinge of humour, President Jacob Zuma paid him tribute onThursday

"We have lost a renowned scientist, a scholar and an unique human being. Our

country remains eternally proud of his work," Zuma said in a statement.

Tobias, who was born on October 14, 1925, died at the Wits University DonaldGordon Medical Centre on Thursday, said Gauteng Tourism Authority spokesmanAnthony Paton.

"On behalf of [the] government and the people of South Africa, we extend our deepestcondolences and may his soul rest in peace," said Zuma.

He said South Africa owed a debt of gratitude to Tobias for his successful efforts tohave the remains of Saartjie Bartman returned to South Africa from Paris, where theywere exhibited as ethnological and sexual curiosities in the 19th century.

Tobias led negotiations with France on behalf of the South African government andthe remains of Bartman were returned in May 2002, said Zuma.

Tobias was "one of Johannesburg's finest and most-revered citizens" saidJohannesburg mayor Parks Tau.

"He was a world-class scientist; a pioneering researcher and a passionate campaignerfor human rights, equality and dignity throughout his illustrious life," he said.


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"Although Prof Tobias is best known for his scientific achievements, he was also apassionate and outspoken critic of the apartheid regime."


Page 4Philani Nombembe

Legal challenge to education bungles

Litigation against the Basic Education Department over appallingconditions at schools, and administrative bungles, has mushroomed.

The latest legal challenge will be launched by two civil rights groups

- the Institute for Accountability in Southern Africa and the PublicParticipation in Education Network - in the Constitutional Court this

year.

The groups will apply for a supervision order that would compel theauthorities to report regularly to the court on their progress in

promoting, protecting and fulfilling citizens' rights to a basiceducation.

Elise Burns-Hoffman, CEO of the Institute for Accountability, said arecent World Economic Forum global competitiveness report said SouthAfrica's education system was among the world's worst 10.

"If this does not result in the realisation by every citizen in this

country that our education system is spiraling out of control, theinclusion in the criteria of a failed state of the inability to providebasic public services, such as healthcare and education, ought to drive

the point home," said Burns-Hoffman.

If the order is granted, it will require the state to tackle issues

such as poor use of financial resources, the absence of libraryfacilities in more than 90% of public schools, the absence of

sanitation and water, schooling under trees, and drug dealing and useat schools.

The announcement was after a class action instituted by the non-profit

organisation Equal Education, in the Bhisho High Court.

The group wants to force the government to comply with the minimumnorms and standards for school infrastructure.

The organisation painted a grim picture of conditions at schools.Statistics it quoted include:

3600 schools have no electricity;2400 schools do not have clean water on tap; 22000 have no library orscience laboratories; and 11000 schools still use pit latrines.

The organisation highlighted the plight of Samson Senior Primary

School, in Eastern Cape, where pupils relieve themselves in a fieldbecause the toilets are a "health hazard".


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The nearest tap supplying clean water is 5km away.

PanyazaLesufi, spokesman for Minister of Basic Education Angie

Motshekga, said: "We will be the first ones to be worried if educationgets off the rails and no one raises a finger or their voice to say:

'You're taking education off the rails'.

"This is because communities are our conscience. We rely on communitiesto determine the route that we are taking," said Lesufi.

"We are not going to stress and have sleepless nights because peopleare taking us to court.

"We welcome this as a way of ensuring that we collectively, as a

society, safeguard the quality of our education and ensure thateducation remains a fundamental right for all our children."


Graeme Hosken

Education system a 'national disgrace'

Collapsing infrastructure, and non-existent laboratories and libraries,have rendered South Africa's education system a national disgrace.

With South Africa's 12-year-olds ranked among the worst in Africa interms of literacy and maths, experts believe a grave disservice isbeing done to the country's future generations.

A Unicef report, A Review of Equity and Child Rights, reveals that, ofSouth Africa's 19million children, 662000 attend neither primary norhigh school, and 15% of high school-age children attend primary school,

with repetition rates highest in Grade 10 and Grade 11.

Matric candidates last year dropped to 496090 from 537543 in 2010, withonly 70.2% passing.

Though only 104033 matrics passed mathematics and 96441 physicalscience, Basic Education Minister Angie Motshekga recently said the

department was pleased with the improved performance, especially inscience.

"We, however, remain concerned about the number of passes in maths."

Motshekga's comments were made when a school infrastructure report last

year revealed the appalling conditions at the country's 24793 stateschools.

The document highlights Eastern Cape, KwaZulu-Natal and Limpopo as the

worst provinces in terms of provision of computer centres,laboratories, libraries and water-supply systems.


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An analysis of the 2011 National Senior Certificate examinations,especially the maths and science papers, paints a grim picture.

The document shows that teachers are not covering the entire syllabus,

are not teaching in English when exams are written in English, and arenot studying further in the subjects they teach.

The report said that schools are producing matriculants who do not

understand the basics.

Educationist professor Graeme Bloch said the education system was a"national disgrace".

"What education system? Where is the plan? The government can have aplan for collecting tolls, but where is the plan for addressing the

crisis? It is ludicrous."

"June 16, where we remember what our young people fought for, isapproaching but we are not paying attention to our young people."


Page 6Amukelani Chauke

'Jobless on the brink'

Cosatu general secretary ZwelinzimaVavi says the ANC-led governmentmust change its macroeconomic policies because the victims of

unemployment, poverty and inequalities are on the brink of losing theirpatience.

Speaking to journalists after Cosatu's central committee meeting in

Johannesburg yesterday, Vavi said the trade union federation would askthe ANC at its policy conference to be held in Gauteng later this monthto implement radical changes to the economy or face the consequences.

He said when people are hit hard by unemployment and poverty, they will

forget the ANC inherited the economic crisis from the apartheidgovernment and could abandon the ruling party in desperation for

change.

He said politicians should stop giving highly polished speeches atlocal and global summits and implement macroeconomic policy changes

contained in the Freedom Charter.

"The macroeconomic framework that [the National] Treasury is driving isinappropriate. It will not help us to resolve the crisis ofunemployment in the country.

"Unfortunately, one day the ticking time-bomb will explode while youare giving that speech. That is what will happen eventually if we don'tchange the mindset.


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"While we're making a nice speech in a press conference, people will

walk in the door and say: 'We are hungry, we are unemployed, we have nohouses, we are living far from away our towns with no transport'.

"That is what we are trying to avoid and that's why we are calling on

our members to change the mindset," he said.

"The [problem] is that we have moved away from the radical approach ofthe Freedom Charter to transform society.

"If we continue to carry knives directed at one another, and all of asudden the people we hate more are not the enemy, then what will happenin this country is what may happen in Greece.

"In Greece, post the 2008 crisis, the Socialist Party that was in powerwas blamed for a ballooning debt and was voted out by the people who

had forgotten how that debt became so unsustainable.

"They had forgotten it was actually the Conservative Party, which isnow positioning itself as a champion of stable economic policies, [that

was to blame]," Vavi said.

1 June 2012

The TimesPage 1Sipho Masombuka

600 pupils forced to share two pit latrinesSedzani Masiphephethu and his more than 600 schoolmates have much more

to worry about than just excelling in their studies at RutandalePrimary School.

The pupils of this school in Lufule village, outside Thohoyandou -

about two hours' drive from Polokwane - have to contend with a block ofpit latrines that collapsed last year. The ablution block has gapingholes that have not been covered since the collapse, posing a safetyrisk to the children.

Staff at the school say the education authorities have told them not todiscuss the collapsed toilets. Their repeated requests for the

rebuilding of the ablution block or at least to remove the rubble havefallen on deaf ears.

A report released by the Department of Basic Education last year shows

vast inequalities in infrastructure in the nine provinces.

Western Cape and Gauteng are far ahead in providing infrastructure fortheir combined 3495 schools; Limpopo, KwaZulu-Natal and Eastern Capelag far behind.

As far as ablution facilities are concerned, Eastern Cape has thehighest number of schools still using pit latrines, 3160, followed byLimpopo with 2857 and KwaZulu-Natal with 2834.


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It is these inequalities that are likely to lead to more legal action

against the provincial and national education departments.

Sedzani's 39-year-old mother, Tondani Masiphephethu, is chairman ofRutandale Primary's governing body. She recently took the department to

court with the help of human rights interest group Section 27.

The action resulted in a landmark legal battle that ended with ashaming court order that compelled the national education departmentand its provincial arm to provide textbooks to more than 1.7millionpupils in more than 5000 schools by June 15.

"This [the toilets issue] was one of two reasons I approached Section27. But it was decided that the textbooks matter must take first

priority. Now that this hurdle is out of the way, we will be going tocourt to force the department to provide proper ablution facilities to

all schools," she said.

Section 27 spokesman Nikki Stein confirmed that her organisation wasinvestigating ablution and sanitation facilities. She said its

representatives had visited a number of schools in Limpopo anddiscovered a widespread problem.

"All I can say for now is that this is definitely something we arelooking into," Stein said.

Since some of the toilets at Rutandale Primary collapsed, 12-year-old

Grade 4 pupil Sedzani and his classmates have had to share theremaining three pit latrines, using pages of their exercise books as

toilet tissue.

The collapsed toilet block is about 25m from the open kitchen, wherethe school's feeding-scheme meals are pre

global south african news wrap 8 june 2012

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