Category Archives: South African News

Fin24.com | LIVE: Gigaba to seek legal opinion on removing Myeni as SAA chair

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Matthew le Cordeur

2017-09-13 14:22

Matthew le Cordeur

The SA Revenue Service and Treasury are in parliament discussing their latest quarterly report.

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Last Updated at 15:31

15:15

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Gigaba to seek legal opinion on removing Myeni as SAA chair

Finance Minister Malusi Gigaba said he will get legal counsel about his decision to extend SAA chairperson Dudu Myeni’s tenure until the airline’s AGM in November.

Myeni’s contract ended at the end of August, but Gigaba extended it. However, committee members said Myeni’s extended contract was irregular because it had not been approved by Cabinet and the Companies and Intellectual Property Commission (CIPC) had not been informed of the extension as it is legally required to do.

Gigaba told parliament’s standing committee on finance that he will measure his legal opinion against that of parliament’s opinion, which views it as possibly illegal.

“We will seek our own legal counsel on the chair and take the necessary action,” Gigaba said. “We acted on the basis on a legal opinion in the first place. We will go back to check the legal opinion we received against the legal opinion of the parliament.”

However, ANC MP Derek Hanekom said that is was very easy to see that the appointment was illegal and contravened SAA’s memorandum of incorporation (MOI). “My own reading of the MOI is that it appears … that it may well have been an illegal appointment,” the former tourism minister said.

“So we will appreciate the minister to look very carefully, even if you look at the provisions yourself – it is quite short. It will lead one very quickly to determine if it was legal or not.”  

14:50

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There is no civil war or purge at National Treasury – Gigaba

“There is no civil war,” Finance Minister Malusi Gigaba told Parliament’s standing committee on finance on Wednesday. “None whatsoever exists. The rumours in the media are precisely what they are – rumours.

“The acting chief procurement officer (Schalk Human) had himself on regular occasions requested to be relieved for the job. He had not even applied for the job.

“There is no malice towards him.

“The acting head of the IMFS was drawn from another responsibility. She was 50% on each responsibility. When challenges are arising about how IFMS is being implemented. She then comes under unfair criticism.

“Beside the perceptions out there, the minister following due process has every right to make leadership decisions regarding the department.

“It was correct to question them and make sure they are made rationally. There should be no suggestion that the minister has no right to make these decisions.

“There is absolutely no truth that there is a purge taking place at National Treasury. The facts are going to speak for themselves, when the announcements are being made.

“Nobody has resigned from our top management. I have been working with them on a whole range of issues. I demonstrated my bona fide with the appointment of the director general.”  

14:23

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SARS misses first-quarter tax target by R13bn

The South African Revenue Service missed its first-quarter tax revenue target by R13.1bn, a document tabled at parliament’s standing committee on finance shows.

The overview of revenue collection for the year ended June 30 reveals that SARS collected R275.42bn in the first quarter, R13.1bn lower than its target or printed target (PE).

The massive drop in revenue was mostly due to the following key developments, the report shows:

– SARS collected R1.6bn less import VAT than targeted, which was mainly due to declining contributions in machinery, original equipment components and photographic instruments. 

– SARS collected R5.6bn less personal income tax than targeted, mostly due to lower than expected PAYE of R4.7bn. “The lower than expected PAYE was partly due to the early PAYE payments that were received in March 2017 instead of April 2017,” it explained.

– SARS collected R2.2bn less customs duties than targeted, mostly due to declining contributions in clothing, footwear and cereals.

– SARS collected R0.7bn less VAT refunds as real gross fixed capital formation recorded a slower growth of 1% quarter-on-quarter in the first quarter. “Temporary shutdowns by automotive manufacturers for plant upgrades also have a direct impact on exports,” SARS explained.

– SARS collected R0.9bn less in excise duties occurred mostly due to lower collections in cigarettes and tobacco of R1.2bn.SARS collected R2.7bn less corporate income tax, mostly due to a decline in tax payments of R2.4bn and lower assessment payments of R0.4bn.

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eNCA | Toddler shot, dad pistol-whipped in Brakpan robbery

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JOHANNESBURG – A three year-old child was shot and his father pistol-whipped in an armed robbery in Brakpan on Wednesday morning. 

According to Nick Dollman, Netcare Limited Media Liaison, they received call on Wednesday morning about a shooting following an armed robbery at a house in Brakpan.

“Reports from the scene allege that the robbers fired shots at the mom who was trying to protect her child. The incident and preceding events will form part of a police investigation,” says Dollman. 

Paramedics tended to the father, who had been pistol-whipped, and the three year old boy, who had been shot more than once.

“The little boy was given analgesic medication to manage his pain and was also sedated. Due to his very serious injuries, the Netcare 911 helicopter was called to the scene and they landed in a veld near to the house,” says Dollman. 

The toddler was then airlifted to hospital for the urgent medical care that he required.

The Brakpan SAPS were also at the scene as well as a strong private security company presence.

eNCA

eNCA | UPDATE: Manana pleads guilty

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JOHANNESBURG – Former deputy minister of Higher Education, Mduduzi Manana pleaded guilty in the Randburg Magistrate’s Court on Wednesday afternoon.

Manana faced two counts of assault with intent to cause grievous bodily harm for striking two women at a popular nightspot in Fourways, Johannesburg, in August.

The former deputy minister admitted to the incident but initially defended it by saying he had been provoked. 

By pleading guilty now, he has accepted that he is guilty of a criminal offense and will now have a criminal record, having been convicted of the charges brought against him. 

In his affidavit, Manana says one of the ladies asked ‘who do you think you are, uyistabane’, upon which he then proceeded to assault her.

Manana’s affidavit also outlines how he assaulted the girl, pulled her hair, pulled her to the ground, kicked her, and punched her

An altercation then ensued, where he further assaulted the two other ladies, pulling them by their hair and throwing them to the ground. 

In his affidavit, he adds that he is not aware of what the other suspects did to the ladies.

The case was postponed to 7 November for sentencing. 

READ: Gender commission welcomes Manana’s resignation

The incident was caught on video and was widely shared on social media.

Manana resigned following intense pressure from various quarters, including some in his own party and from rights groups. 

He remains an ANC MP.

At his previous court appearance, Manana was granted R5,000 bail.

The DA said it would picket outside the court.

eNCA

News24.com | ANC KZN election unlawful – court

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Pietermaritzburg – The High Court in Pietermaritzburg has ruled that the results of the KwaZulu-Natal ANC’s 8th provincial elective conference in November 2015 were unlawful.

The high-profile case has seen thousands turn up to support warring ANC factions in the province.

It was brought by ANC councillor Lawrence Dube and four others in May 2016 following results which saw former premier Senzo Mchunu being ousted as provincial chairperson and being replaced by Sihle Zikalala.

They claim the conference was not only held prematurely, but that it was riddled with irregularities and the results were rigged.

Zikalala received 780 votes, while Mchunu got 675 votes, in a process where 1 459 delegates voted.

Zikalala, his deputy Willies Mchunu, the ANC itself, the Electoral Institute of Southern Africa, and other top ANC figures are the respondents in the matter.

eNCA | ‘Neglected’ Dube Hostel under the spotlight

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JOHANNESBURG – The Gauteng Department of Human Settlements has expressed shock over the allegations that it has neglected the Dube hostel and its dwellers in Soweto, South of Johannesburg.

Vandals have stripped off the roof, doors, windows of already from 416 renovated residential apartment units at the hostel. The apartments which were renovated at a cost of R230-million had not be occupied because of a rent payment dispute between some residents and government.

Departmental Spokesperson Keith Khoza this week said that the department handed the Dube Hostel to the City of Johannesburg Metropolitan in line with the mandate to hand over hostels to municipalities.

READ: Soweto residents protest over electricity

“We transferred the hostel to the City of Johannesburg. What we will do as the province is to assist them to rebuild the place and allocate to beneficiaries,” said Khoza, adding the hostel was the full responsibility of the City.

“The City of Johannesburg was supposed to fix and allocate the units to the hostel dwellers but they failed to secure the funding to renovate the hostel and later hit a backlog, as a result, nothing has been done to date,” said Khoza

Khoza said the department is calling on City of Johannesburg Mayor Herman Mashaba to take full responsibility because the hostel falls under his municipality.

“In March this year, MEC for Human Settlements, Paul Mashatile who was accompanied by the IFP Member of Provincial Legislature, Bonginkosi Dlamini, had visited Dube hostel during their walkabout to engage the hostel dwellers about the plans to fix the hostel.

“The MEC was told that the City of Johannesburg was in a process of appointing a service provider to fix the current damages and will allocate the units very soon,” said Khoza.

READ: Overnight looting in Soweto

He said Mashatile was disappointed that almost a year later the City has not fulfilled its commitment made to hostel residents to house them in a decent environment.

“The MEC is calling upon the City of Johannesburg to do the right thing and what is expected of them, to speed up the process of appointing the service provider to fix the hostel. He further said that the City of Johannesburg cannot shift responsibility whenever they are found wanting,” said Khoza.

Mayor Mashaba could not be immediately reached for comment.

African News Agency

News24.com | DA vs Zuma over judicial commission of inquiry into state capture

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Pretoria – The DA and President Jacob Zuma will battle it out in the High Court in Pretoria on Tuesday morning, on whether Zuma can legally delay establishing a commission of inquiry into state capture.

This was pending his legal challenge against recommendations by the former Public Protector Thuli Madonsela. 

Zuma has launched a separate review application against Madonsela’s recommendation that he establishes a commission of inquiry and that Chief Justice Mogoeng Mogoeng choose a judge to preside over it. 

Madonsela made the recommendation in her State of Capture report into whether Zuma’s friends, the controversial Gupta family, had undue influence on the executive. 

The investigation was launched after former deputy minister of finance Mcebisi Jonas and former ANC MP Vytjie Mentor said they were offered Cabinet positions by the family. She also investigated Eskom tenders to Gupta owned coal company Tegeta.

Zuma argues in court papers that going ahead and establishing the inquiry, under Madonsela’s conditions, would render his review application moot. 

READ: Zuma fights DA application on judicial inquiry into state capture

He also argues that challenging the recommendation cannot be held as him failing in his constitutional obligation to uphold the law, as it’s within his “constitutional right” and it’s an “honest attempt to obtain legal certainty”.

Zuma said Madonsela’s recommendation was unconstitutional and invalid as the constitutional powers to establish a commission of inquiry, determining the type of commission and choosing the judge, rests solely with him as president. He also suggests that someone other than a judge should oversee the commission of inquiry. 

Remedial action

“It is now commonly accepted that commissions of inquiry are executive action and that having them presided by a member of the judiciary should be discouraged for they cross the line for what is an executive function and that which is a judicial function. The remedial action offends this line of sound legal reasoning,” Zuma said. 

However, South Africa’s main opposition party, in its court papers, questions whether his court bid “entitles him to ignore it before a court has set it aside on review”.

The DA claims Zuma is not allowed to ignore Madonsela’s report and that the law is clear in such a matter. It further accuses Zuma of attempting to avoid complying with the report. 

The party also opposed Zuma’s counter-application in June against theirs, explaining in its recent court papers that it would only respond to this in due time and that it felt the president had not laid out a legal basis for staying the implementation of the remedial action. 

The DA has also been critical of the president for his continued public utterances that he wants an inquiry to take place, while knowing the matter is halted by his court action.

eNCA | Where is black consciousness in contemporary SA?

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JOHANNESBURG – The commemoration of Steve Biko’s death has prompted statements from many politicians urging the public to remember and preserve the legacy of the revolutionary thought leader.

READ: Steve Biko was ‘a down to earth person’: Nontsikelelo Biko

Biko died in a police cell at the then Pretoria Central Prison (now Kgosi Mampuru Correctional Centre) following his arrest in August 1977.

He had been savagely beaten by apartheid security police while in police detention in Port Elizabeth and sustained serious injuries including brain damage.

Biko founded the Black Consciousness movement, urging young people to commit themselves to the fight against apartheid.

In his article Black Consciousness and the Quest for True Humanity, Biko noted that, “the racism we meet is not only on an individual basis; is it also institutionalised to make it look like the South African way of life. Although of late there is a feeble attempt to gloss over the racist elements in the system, it is still true that the system derives its nourishment from anti-black attitudes in society.” 

eNCA asked the former president of the Azanian People’s Organisation (Azapo), Dr Itumeleng Mosala about the position of black consciousness in South African society today. 

Mosala explained that Black Consciousness has never been more important than it is today.

He described the emphasis placed on the dignity of the human person and in particular the dignity of the black person considering what the system of apartheid was intended to do: dehumanise black people.

He further explained that Black Consciousness always linked apartheid to colonialism, which had in many different ways facilitated the dehumanisation of black people.

“The view was always when our own people take over political machinery and when freedom comes there will be an undoubted affirmation of the dignity of black people,” Mosala said. 

He said the last 22 years, with the exception of the Constitution, have seen nothing but the continuity of the oppression of black people, including violence against women and children, lack of access to basic services, and poor community safety.

“Because we call ourselves democratic, the challenges are bigger than before. When the president of the country behaves as President Zuma behaves, the principles of Black Consciousness have been negated. When we have a ruling party that is arrogant and (has) not cared about ordinary people… If you look at our failures in the education system there is absolutely no doubt that the principles of Black Consciousness have been negated,” Mosala explained.

He ascribed the decline of the popularity of the name of the Black Consciousness movement on a lack of resources and access to political power saying, “we were not popular enough in the beginning.”

After winning one seat in the 2004 and 2009 national elections, Azapo lost that too in the 2014 election. In 2006 it won 0.3% in local government elections, which declined to 0.2% in 2011.

He said that although it is not named, the principles of Black Consciousness live on.

At its inauguration in 2015, Socialist Party of Azania (Sopa) president Lybon Mabasa said the EFF represented the future of and a new possibility for South Africa and Sopa “was not afraid to associate with anybody who said the land must be returned to its owners and that the mines must be nationalised … The EFF can be assured of our support.”

eNCA

eNCA | RESULT: Nadal champions over Anderson in US Open final

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NEW YORK – Rafael Nadal raced to a third US Open title and 16th Grand Slam crown on Sunday with a 6-3, 6-3, 6-4 rout of South African giant Kevin Anderson.

The world number one, the champion also in New York in 2010 and 2013, added the US title to the record 10th French Open he captured in June.

READ: Nadal eyes sweet sixteen against Anderson

The 31-year-old left-hander captured the top prize of $3.7 million (3.07 million euros) and his second Grand Slam crown of the year after taking his 10th French Open title in June.

Old rival Roger Federer won the season’s other two Slams at the Australian Open, beating Nadal in the final, and Wimbledon in an illustration of the two Grand Slam greats’ enduring appeal and power.

Nadal’s Grand Slam tally is just three behind Federer’s record 19.

For Nadal, it was his fifth title of the year and 74th of his career while the $3.7 million (3.07 euros) winner’s prize boosted his earnings to a shade under $90 million.

“It’s a very special two weeks for me. It’s unbelievable what’s happened this year after some seasons with serious injuries and not playing very well,” said Nadal.

“It’s been an emotional year since the Australian Open. I played a high level of tennis and winning here in New York again it’s unbelievable.”

Nadal also praised his coach and uncle Toni who has coached him since he was three but who will step down from his team at the end of the year.

“I cannot thank him enough,” said the champion.

“Without him I would not be here playing tennis. He gave me strength and motivation. When I had injury problems I got through them because of him.”

It was an honor

It was a desperately disappointing afternoon for Anderson, the world number 32 playing in his maiden Slam final at the 34th attempt.

He was the first South African in a US championship final since Cliff Drysdale in 1965 and was bidding to become his country’s first Slam champion since Johan Kriek at the 1981 Australian Open.

The Johannesburg-born, Florida-based Anderson finished the 2hr 28min final with 40 unforced errors to Nadal’s 11, failing even to carve out a single break point.

Nadal, winning his first hardcourt title since January 2014 in Doha, gave up just 15 points on his serve and won 16 out of 16 net points.

“Rafa, we are the same age but I have looked up to you all of my life,” said Anderson.

“It was an honor playing you. You are one of the great ambassadors of our sport.”

In a final guaranteed to result in the fifth Slam champion in succession who is 30 or older, Nadal was on top from the start.

He had 28th-seeded Anderson scrambling to save two break points in the third and fifth games before the Spaniard converted his fifth off a forehand error for a 4-3 lead.

READ: INFOGRAPHIC: US Open men’s final facts, Anderson & Nadal

The world number one held and broke again, cleverly forcing the 31-year-old South African out of position on set point after 58 minutes of action.

By the end of the opening set, Nadal had just five unforced errors to Anderson’s 23 with the South African unable to muster a single break point.

The one-way traffic continued in the second set as Nadal broke for 4-2 off the back of three successive volleys.

Anderson even collected a time violation for his troubles as his efforts to compose himself failed horribly.

A brutal crosscourt forehand winner gave Nadal the second set 6-3.

Anderson was broken again in the opening game of the third set.

It was his fourth loss of serve in the final; before Sunday, he had been broken just five times in the entire tournament.

Anderson called the trainer for a bloodied right index finger after the fifth game, but his struggles continued.

He saved a match point but Nadal wrapped it up with a clinical backhand volley.

AFP

News24.com | Zuma: Youth must be vocal to ‘get our land back’

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Ladysmith – President Jacob Zuma on Sunday said the youth and the ANC Youth League must lead the line in the fight to “get our land back”.

Zuma, in a dialogue style, interacted with ANC supporters among hundreds who had attended an ANCYL 73rd anniversary celebration in Ezakheni, Ladysmith.

Supporters told him that they still needed land in order to achieve economic freedom.

“We need land to start our own businesses as young people. We should have our land back in order to start agricultural projects that will benefit us. If we get land, we would be able to supply shops such as Shoprite and Pick n Pay with fruits and vegetables,” said a woman to Zuma.

“The youth should be vocal in the fight to get our land back. Land is not used while we’re living in poverty,” Zuma responded.

“There are plots of unused land which are owned by individuals who are living overseas.”

READ: Zuma gives SIU go-ahead to investigate land department

‘Freedom is incomplete’

The ANCYL should therefore lead the fight for economic freedom, Zuma said.

“The freedom we have now is incomplete. We have political freedom to vote but there are still challenges that government faces because economy-wise we are not free. That’s why the youth of today should start the fire of radical socio-economic transformation.”

When the ANCYL was formed in 1944 during the apartheid era, “it revived the ANC”, he said.

“The formation of the Youth League took the political struggle to another level. They influenced the future and method of struggle. What will the youth of today do?” he asked.

He said the youth of yesteryear brought new ideas to the ANC which were used to gain freedom.

“They were helping the mother body, which is the ANC. They brought militancy in the ANC.”

READ: Don’t take the money, Zuma tells land claimants

‘Insane and confused’

He also criticised the “Old Boys Club” that controlled the mining industry.

Zuma said there were a few people who get billions in the mining industry because of the “lifetime contracts” they signed.

“We can’t even come up with new laws to terminate contracts of those who have life contracts in the mining industry because of the country’s justice system,” he said.

He said they could easily change laws back in 1994 because they had a two thirds majority.

He blamed other political parties for not voting with the ANC to make new laws that will see blacks achieving economic freedom.

“They are insane and confused. They rather vote with the official opposition party. That’s why the ANCYL should lead the fight for economic freedom,” he said.

He advised that the Youth League should elect a leader that will be able to achieve radical economic transformation during the December elective conference.