ANC commits to protect property rights in ‘historic’ meeting with AgriSA
The ANC has committed to defend property rights and is clearly concerned about the impact talk of expropriation without compensation is having on the economy and investor sentiment, says Omri van Zyl, CEO of AgriSA.
Political leaders should set an example and not misuse public office to corruptly obtain personal wealth, the Supreme Court of Appeal (SCA) ruled on Tuesday.
The SCA said this when it opposed an appeal by former ANC Northern Cape chairperson John Block and former businessman Christo Scholtz who were sentenced to 15 year jail terms each in December 2016 on money laundering and corruption charges.
Block and Scholtz were tried and convicted in the Northern Cape Division of the High Court.
“In these circumstances it was necessary for an unequivocal message to be sent out that corruption on the part of politicians holding high office would not be tolerated,” the SCA ruled.
Block and Scholtz had appealed against their convictions and the sentence imposed on both of them.
The charges arose from a number of lease agreements concluded during May 2006 to August 2008 by two various state entities and departments in the Northern Cape with members of what became known as the Trifecta Group of Companies.
Scholtz, a businessman from Pretoria who was engaged in the private equity business, came into contact with Sarel Breda with whom he identified business prospects in the Northern Cape.
Their business model was to identify rundown buildings which could be renovated into offices and then leased to state entities.
This was done and in due course a number of leases were concluded which went to the heart of the charges that were brought.
The trial court held that Block, who was a senior politician in the province, had corruptly used his influence to ensure that Breda and his companies obtained certain of these leases.
These were concluded with the state without the necessary statutory protocols and procedures being followed.
Block was paid substantial gratifications, including two payments of R228 000 and R500 000.
Block, who resigned as party chairperson and finance MEC shortly after he was found guilty in October 2015, had appealed against this finding.
“The SCA exhaustively analysed the evidence relating to these particular counts and held that the two amounts of R228 000 and R500 000 were corrupt gratifications which fell within the ambit of the charge of corruption set out in the indictment – which related solely to the conclusion of contracts of lease for two buildings, the Kimberlite Hotel and the NCTC Building,” said the SCA.
It was argued on behalf of Block that he could not be convicted of corruption as he had received these sums after the contracts had been concluded. The SCA rejected this.
Regarding the sentence, the SCA went on to hold that there were no substantial and compelling circumstances which justified a lesser sentence than the 15 years imprisonment which was prescribed by the legislature for this offence.
The SCA found, in Scholtz’s case as well, that there were no special and compelling circumstances which justified the imposition of a sentence less than the prescribed minimum of 15 years imprisonment in respect of the corruption that fell within the indictment.
It has been 17 years since a Yugoslavian ship’s engineer Vojislav Krivokapic died after a vehicle in which he was travelling crashed into a gantry crane in Durban’s harbour and sank into the bay.
While Transnet conceded liability for the accident in 2010, and agreed to pay 70% of the proven damages, Krivokapic’s mother Milicia, who turns 82 this year, was unable to proceed with her claim in the KwaZulu-Natal High Court in Durban because she was too old and ill to travel to South Africa to give evidence.
Now Judge Yvonne Mbatha has changed that.
In spite of a lack of legislation allowing for “video link” testimony, Judge Mbatha this week ruled that the elderly woman be allowed to testify via live link from what is now known as Montenegro.
Krivokapic says her son, who worked on the MSC Viviana, was supporting her by giving her $1 000 a month. She is seeking this and other compensation.
In her application, her lawyers argued that, not only can she not travel long distance, but that she also could not afford to make the trip.
But Transnet’s lawyers argued that the rules of court did not allow for her to testify from overseas.
They also argued that the judge would not be able to assess her credibility and demeanour.
In her ruling, the judge said evidence through a video link and other social media mechanisms was still a novelty in South Africa, except for limited use in criminal matters.
‘Our courts are lagging behind in this sphere’
“Technology is, at this stage of our lives, so advanced to a point that direct evidence can be taken from a witness in another country and cross-examination can take place whilst the witness is visible to all.
“But our laws do not cater for this.
“The High Court does not have rules that regulate this, but it has powers to regulate its own processes in the interests of justice.
“And South Africa prides itself in the rights enshrined in the Constitution.
“The legal barriers created by the lack of rules, cannot override the right to access to justice. Video link conferencing extends and expands access to justice. Technology with the necessary safeguards enhances such a right enshrined in the Constitution,” Judge Mbatha said.
She said criminal courts received evidence electronically when vulnerable children gave evidence through the closed circuit camera television system.
In the same light, Milicia Krivokapic was no longer physically fit to travel at her age and suffered from serious ill health.
“Our courts are lagging behind in this sphere of technology and we require a legal framework for video link conferences, as is the case in foreign jurisdictions,” Judge Mbatha said.
She ordered that the matter be given preference on the court roll.
Composite Business Cycle Indicators
The police in Addo and Uitenhage have launched a manhunt for four suspects after they robbed an elderly couple at a guest house in the area in the early hours of Monday morning.
Security officers responded to an alarm at the premises in Uitenhage at 00:40.
“Upon arrival the security officials heard the sound of a car alarm and investigated. The security officials found a couple locked inside their cottage after it was allegedly burgled,” Captain Gerda Swart said in a statement on Monday.
The four suspects were allegedly armed and left with an undisclosed amount of cash, cellphones and a camera.
“It is alleged that four armed suspects entered the cottage through an unlocked door. The suspects threatened the couple with firearms and demanded cash and cellphones,” Swart explained.
The couple, both in their 80s, sustained injuries during the attack and had to receive medical attention.
Uitenhage cluster detectives are currently investigating a case of robbery. The police have urged business owners to be vigilant.
“Doors and windows must always be locked, especially during night time,” Swart cautioned.
The police are also appealing to any member of the public with information regarding the robbery to please come forward.
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Two KwaZulu-Natal women who stole more than a million rand from their mother after their father died, will have to pay it back.
Anisa Sayed Khan, 39, and Zaadhaya Khan, 33, were found guilty of stealing from their mother in 2016 for which they were sentenced in the Durban Regional Court.
The two transferred more than R1.5m from their biological mother’s bank account into their own after the death of her husband.
Police spokesperson Lieutenant Colonel Thulani Zwane said a case of theft was opened at the Umzinto police station and was assigned to the provincial detectives for investigation.
He said the sisters were arrested, charged and taken to court where they were released on R20 000 bail each.
“They were successfully prosecuted and were each sentenced to five years’ imprisonment…wholly suspended for five years, on condition that [they] are not convicted [of] a similar offence.”
Zwane said they each have to pay back R750 000 and their bail “must be cashed and paid to the complainant immediately”.
“The balance of the payment must be paid on or before October 31, failing which, the sentence will be imposed.”
A lack of maintenance in sewage infrastructure by municipalities is to blame for contamination into the Vaal River system, Parliament’s Portfolio Committee on Water and Sanitation said on Sunday.
“The Sedibeng District and Emfuleni Local Municipalities [are] at the centre of crumbling current infrastructure leading to contamination of the Vaal River system,” committee chairperson Mlungisi Johnson said in a statement.
“The committee visited the municipality and the Sebokeng Waste Water Treatment Plant and found that some of the units were not functional, leading to overloading of the remaining units.”
He said maintenance was needed or else consequences like spillage into the rivers would ensue.
“While the committee supports the building of new units, it has emphasised that the old units must be maintained to ensure optimal utilisation of the entire plant.”
Negative consequences
It also called on government to use technological developments in the sector to find ways to reduce infrastructure development.
Furthermore, the committee expressed concern over delays in implementing the Sebokeng Regional Sewer Scheme.
“Besides the obvious cost overruns associated with increasing building cost of materials, the other negative consequence is to small medium enterprises that would have benefitted from the contract.”
In addition, costs for purifying contaminated water were now added to the municipality’s bills.
“The committee has resolved that it will get monthly reports on interventions by all spheres of government in resolving the problem.”
LISTEN:
In case you missed it:
The interview by @bonglez on @Radio702 with SAVE’s vice-chairman @stewart_maureen
The Pollution of the Vaal River has reached crisis proportions https://t.co/OtstC3jiEU#SaveTheVaal #Pollution #sewage pic.twitter.com/nFPlho2Z7H— Save (@SaveTheVaal) August 14, 2018
A search for Dawn Basdeo, wife of former Durban police officer Prem Emmanuel Basdeo, at the Zwartkops raceway in Centurion proved unsuccessful over the weekend.
Dawn, 57, was last seen on June 8 at her home in Brooklyn, Pretoria.
Her husband was arrested weeks after the sudden disappearance, and was charged with murder, defeating the ends of justice and perjury. It was alleged that he was not truthful in his initial statement when he reported his wife missing.
Over the weekend, the search organisers said that they had chosen to search at the Zwartkops raceway as it was in the “vicinity in which Prem first took the police to point out her body”.
‘This is not over’
“[On Saturday] as a group of approximately 100 people – family, friends and volunteers – came together to #SearchforDawn, congregating at 06:00 and finally dispersing after 17:00,” a post on the Facebook page “Justice for Dawn” read.
“We covered major ground.”
The organisers said that they were “truly humbled” by the support shown, although they remained “saddened not to have been able to give the family Dawn back”.
Yet, the organisers asserted: “This is not over. We are determined to get #JusticeforDawn.”
Previously, the family was granted permission by the police to conduct their own search for her body.
Earlier this week, police spokesperson Captain Colette Weilbach said there were no new leads or information from the investigation that led to the search initiative of the family.
Imran Khan has been as sworn in as Pakistan’s new prime minister after his party’s victory in last month’s election tainted by the alleged intervention by the military.
Pakistan President Mamnoon Hussain administered the oath at a ceremony in the capital, Islamabad, on Saturday where political and military leaders, former sports stars and diplomats participated.
Khan was elected as the prime minister by parliament on Friday as his party, the Pakistan Tehreek-e-Insaaf (PTI), swept the election, vowing to bring an era of accountability and prosperity to the country.
PTI won the most seats in the July 25 election but fell short of an outright majority. It allied with independents to form a coalition.
In the national assembly, Khan secured 176 votes on Friday, beating Shehbaz Sharif, president of the Pakistan Muslim League-Nawaz (PML-N), who got 96.
READ MORE: Imran Khan, ‘new Pakistan’ and the diaspora dilemma
“In this country, before everything else, we have to make sure there is accountability,” said Khan, in a speech after the vote in parliament.
“Those who have looted this country and indebted it, I promise this today that no one will escape.”
The long-time opposition politician takes the reins of power for the first time in his 22-year political career, having led a strenuous campaign against corruption and government mismanagement since he retired as one of Pakistan’s most popular cricketer in 1992.
The PTI’s election victory was marred by widespread allegations of irregularities in the vote counting process, and opposition parties on Friday decried the results as “unacceptable”.
In his speech, Khan welcomed any investigation into the election results, saying he would support the process. He also committed to empowering parliament, and attending at least twice a month to answer other lawmakers’ questions.
The Democratic Alliance (DA) has “hopefully” learnt from its mistakes ahead of the 2019 national government elections, Western Cape DA premier candidate Alan Winde says.
Seated in his ground-floor office in Cape Town’s iconic Long Street, Winde – who has been the Western Cape MEC for Economic Development the past nine years – explains that some DA leaders’ choices have had “bad implications” for the party.
He is careful not to name anyone.
“I think [their decisions] damaged the DA over time, but [you] have suddenly begun to see a different DA at the moment,” Winde told News24 in an interview.
“I think the DA has also been looking inwardly now in the last while saying: ‘This is what’s happening out there. We need to do something about it.’”
Winde is one of seven candidates, including Western Cape DA leader Bonginkosi Madikizela, vying for Helen Zille’s post as premier of the Western Cape in 2019 – a province where the DA enjoys a two-thirds majority.
He cited the manner in which the DA addressed the ousting of several of its mayors in the Western Cape, including Knysna, Matzikama, Berg River and Cape Town, as places where the party “took a hit” politically.
“You would rather that it was dealt with much more swiftly, but legal processes take time and whether it’s here [in Cape Town] or in our other councils, legal processes take time.”
He says a lot of the conflict people are seeing within the DA – the “screaming and shouting” – is because it’s a year before the elections.
“You can deal with it quietly behind closed doors and cut throats, or you [can] deal with it in an open way, which I think is the way it should be,” he says.
“Of course, politically you take a hiding for it, but I think that’s the right way to do it: to show that you are busy dealing with it.”
But, Winde, who has been in the Western Cape legislature since 1999, believes voters should still reward the DA with a two-thirds majority in the Western Cape, despite frustrations over its management of the water crisis, and the matter of Cape Town Mayor Patricia de Lille.
The latest Ipsos poll in July placed DA support nationwide at just 13% – nearly 14% less than what it got in the 2016 local government elections.
“Sure, it was a crisis. I mean we were going to run out of water. We haven’t had sufficient water investment. We should have had a lot more over time, but there was management of it.
“I mean there are other towns [in the country] that have actually already run out of water and no one says a word. I’m not sure what those voters are saying or doing, but at the end of the day, you’ve got to be judged on how you ran things and how did things.”
Western Cape premier Helen Zille, City of Cape Town mayor Patricia de Lille and Economic Development MEC Alan Winde during the unveiling of a Nelson Mandela Statue at the Cape Town City Hall in July (supplied)
He says good regional leadership is the difference between a town “flourishing” or failing, regardless of a country’s economic environment.
“What we took over [in 2009] was a place that was known for brown envelopes. It was a place that was implementing ANC policy and it was definitely on a decline,” Winde says.
“We can go back to that if we want to.”
When asked about land expropriation without compensation, Winde – who also heads the Department of Agriculture in the Western Cape – searched for the resolution of the ANC’s 54th elective conference in December below a heavy stack of documents on his desk.
He turned to page 11 of the resolution where he underlined sections of it.
“The ANC should, as a matter of policy, pursue expropriation of land without compensation,” Winde reads from the resolution. “This should [however] be pursued without destabilising the agricultural sector, without endangering food security in our country and without undermining economic growth and job creation.”
Winde says whenever he is asked to speak about land reform to investors, he reads these passages from the resolution.
“I mean ‘hello’! Look at the document, [an] ANC document. Who carries it around? Winde. I mean I just cannot believe that [President Cyril Ramaphosa] has allowed the EFF and the David Mabuzas of the world [to dedicate].”
“The ANC has failed themselves in this document.”
Winde says the positivity around Ramaphosa’s election as president seven months ago has dissolved with the land debate.
In July, Ramaphosa said the ANC would amend the South African Constitution to “explicitly” allow land to be expropriated without compensation, but did not give details about the changes the ANC proposed.
Winde says the land debate makes him think of the three people tasked by Ramaphosa to bring a trillion rand worth of investment into South Africa over the next five years.
“The one has already written a piece that says we can’t bring in this investment while this [land] debate is going on in South Africa and one of the others I have met with personally and [is] very very frustrated.
The only solution for South Africa, Winde says, is that the ANC is challenged in the electoral box.
“You know a strong ANC is definitely not going to make our country any better. They’ve been strong for long enough. Quite frankly, there needs to come some change,” he says.
“You hear all the debate about whether it is a knife’s edge until the election and then [Ramaphosa] going to make his move. Well, quite frankly, thousands of people are unemployed that doesn’t help any of them.”
Why premier? Winde, a father of two children, believes it’s the natural next step for him.
“I’ve done what I need to do here. Ten years is long enough in one portfolio and you probably need new blood in that portfolio,” Winde says.
“So either it is do I step up to be premier, or do I look for another challenge?”