Yearly Archives: 2012

Radebe comment on Marikana saga

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Johannesburg – The Office of the ANC Chief Whip commended Justice Minister Jeff Radebe on Friday for asking the NPA to explain why Lonmin mineworkers had been charged with murder.

 

“The National Prosecuting Authority’s explanation to the minister will assist all of us to understand how the arrested miners should legally shoulder the sole responsibility for the tragedy that befell the Marikana community,” said the ANC Chief Whip’s spokesperson Moloto Mothapo.

 

He said the minister had the right to seek clarification on the matter on behalf of the public.

 

Police shot dead 34 striking mine workers and wounded 78 while trying to disperse them on August 16. Another 270 were arrested and charged with public violence.

 

On Thursday, the NPA said the miners would also be charged with murder and attempted murder for the deaths of their colleagues.

 

Later on Thursday, Radebe called on acting National Director of Prosecutions, advocate Nomgcobo Jiba to explain the murder charges.

 

“There is no doubt that the NPA’s decision has induced a sense of shock, panic and confusion within the members of the community and the general South African public,” he said.

 

“It is therefore incumbent upon me to seek clarity on the basis upon which such a decision is taken.”

 

The decision to charge the miners has been condemned by several organisations.

 

Shameful

 

The Council for the Advancement of the SA Constitution (Casac) said it was shocked by the NPA’s decision.

 

“Casac condemns the NPA for acting in a partisan, perverse and irrational manner in bringing charges of murder against the people arrested at Marikana,” said its spokeswoman Masutane Modjadji.

 

“We are shocked that the NPA has seen fit to make use of the notorious legal concept of ‘common purpose’ to lay these charges and thereby seek to lay the blame for the massacre at the hands of the protesting workers.”

 

The Congress of SA Trade Unions (Cosatu) said it was outraged by the decision.

 

Spokesperson Patrick Craven said it exposed the lack of proper training within the SA Police Service and the NPA for failing to find evidence and charge those responsible for the offence.

 

Law expert Pierre de Vos said the decision was “shameful”.

 

“… They have acted with fear, favour and prejudice to advance some or another political agenda, further eroding the little trust South Africans might still have left in them,” he wrote in a blog on Thursday night.

 

“It is, indeed, shameful.”

 

SAPA

Miners “murder” charges will be hard to prove

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Cape Town – Lawyers are threatening court action against President Jacob Zuma unless 270 miners, charged with murdering 34 colleagues shot dead by police, are released this weekend.

Prosecutors charged the workers on Thursday, based on a rule used by the former regime, in connection with the deaths two weeks ago at a platinum mine.

Funerals are due to be held on Saturday for many of the workers killed at the Marikana mine, outside Rustenburg, northwest of Johannesburg.

On Friday the justice minister demanded that the prosecutors explain why the arrested miners had been charged with murdering their colleagues, a move widely denounced by legal experts.

“There is no doubt that the NPA’s [National Prosecuting Authority’s] decision has induced a sense of shock, panic and confusion within the members of the community and the general South African public,” said Justice Minister Jeff Radebe.

“It is therefore incumbent upon me to seek clarity on the basis upon which such a decision is taken,” he said.

He demanded a report on the murder charges following the August 16 shootings, the worst day of police violence since 1994.

Lawyers for the arrested mineworkers went further, threatening President Zuma with court action if they are not released by 09:00 on Sunday.

Arrests illegal

“It is our view that the arrests of our clients were and remain unlawful,” they said in an open letter.

The presidency could not confirm if Zuma had received the letter.

Police claimed self-defence in the shooting, after an escalating stand-off between rival unions had already killed 10 people including two police officers during an increasingly bitter strike over pay at Lonmin’s Marikana mine.

NPA spokesperson Frank Lesenyego told the media it was normal procedure to charge those arrested during a confrontation with police when fatalities resulted.

No police officer has been charged.

But the common purpose rule, which prosecutors are apparently basing their decision on, would be hard to prove, legal experts said.

“My view is that this decision to prosecute [the miners] is premature, it’s outrageous actually,” said Stephen Tuson, an attorney at the Wits Law Clinic in Johannesburg.

Constitutional law expert Pierre De Vos said there was no basis for charges under a 1956 incitement act or the common purpose doctrine, which has its roots in British colonial law.

“Unless what we saw on our TV screens never happened or unless the NPA is hiding shocking and bizarre conspiracy theory-type evidence from us… there could be no possible valid reason,” he wrote on his blog.

Rituals held

The chief whip of the ruling African National Congress said an explanation of the police action would “assist all of us to understand how the arrested miners should legally shoulder the sole responsibility for the tragedy that befell the Marikana community and the nation”.

On Friday rituals were held for some of the dead before their bodies were taken to their home towns for burial.

A group of singing and dancing men welcomed the coffin of mine worker Mpuzeni Ngxande at the hill where he was shot dead.

A line filed past the open coffin before it was taken into his shack in the nearby informal settlement.

The Council for the Advancement of the SA Constitution condemned the national prosecutors “for acting in a partisan, perverse and irrational manner in bringing charges of murder”.

The mine remained shut after the failure of talks to end strike action.

The striking miners want a wage increase to R12 500.

Lonmin, the world’s number three platinum producer, says the workers already earn around R10 000 when bonuses and other compensation are included.

“We have no faith in the talks, they are just a distraction to make Lonmin appear as if they are doing something,” Joseph Mathunjwa, leader of the Association of Mineworkers and Construction Union, told reporters.

“There is no tangible offer that the employer has made to try and address the cause of the strike, which is the issue of the wages.”

AFP

North West Premier,Thandi Modise to visit families of bomb victims

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By Obakeng Maje

Brits- As part of her dialogue with communities for the Public Participation Programme to be held in Oukasie outside Brits today, North West Premier Thandi Modise will today pay a courtesy visit to the family of the first victim to be bombed by apartheid security forces.

Joyce Modimoeng who was married to Numsa organiser David Modimoeng died in the attack that was targed at activists that led the resistance against the force removal of residents of the township which is celebrating 100 years this year. Her husband sustained serious injuries from the shrapnels of the hand grenade that destroyed the bedroom that the couple were sleeping in at the time of the attack.

The first state of emergency ushering detention without trial for anti-apartheid activists was declared by the apartheid state led by then President PW Botha on the eve of Joyce Modimoeng’s burial. Activists arrested at the include among others Father Smangaliso Mkhatshwa, Brits Action Committee leaders including young activists.

Premier Thandi Modise and members of her entourage will proceed to Oukasie Sports Ground for the launch of Heritage and Tourism Month and interaction with the community on its concerns, grievances and advise on how government could improve service delivery.

The interaction will take place as from 9:30 am after Modise’s visit to the Modimoeng homestead where families of victims will also gather,

The Public Participation programme formerly known as Imbizo is a forum for enhancing dialogue and interaction between government and the people promotes participation of the public in the programmes to improve their lives.

Malema uses Marikana situation for resurrection:Cosatu

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Pretoria – Expelled ANCYL president Julius Malema is using death and misery in an attempt to make a comeback to mainstream politics, Congress of SA Trade Unions (Cosatu) president Sdumo Dlamini said on Friday.

 

“That boy is walking on the bodies of all the people who were killed there [at Marikana]. He is expelled, derogatory, [a] renegade loose cannon. Who is Julius Malema?”

 

Dlamini was addressing a meeting of the Police and Prisons Civil Rights Union in Pretoria.

 

“I will not stop saying this, I have said it before. It was very wrong to take advantage of any people who are weak at any time to get back into the political system of this country.

 

“Nobody will be able to repair that boy, even doctors. I am not even affected by all his insults. I have made my point and I am still making it now.”

 

Malema used a recent memorial service for the 34 Lonmin miners killed in Marikana, North West, to attack the government. On Thursday he arrived at the Ga-Rankuwa Magistrate’s Court, where 270 Lonmin workers were appearing on charges of public violence and murder.

 

In a statement, the Friends of the Youth League said Dlamini was talking “nonsense”.

 

Dlamini rubbished threats by Malema to make South African mines “ungovernable”.

 

“Such utterances tell you that there is something wrong with that man. How can you say let us make mines ungovernable when you know that thousands of people are dependant on that economy?

 

“Something has gone wrong with his head, only that no one has taken him to a [mental] institution to have him certified. Something is also wrong in the heads of the so-called Friends of the Youth who believe their fortunes will turn through such a person,” Dlamini said.

 

Describing Malema as “fired and condemned”, Dlamini said he had become the mouthpiece of people trying to propagate chaos in South Africa.

 

Self defence

 

On Thursday, Malema promised to make all mines in the country ungovernable.

 

“We are going to lead a mining revolution in this country… We will run these mines ungovernable until the boers come to the table,” he told workers at the troubled Aurora mine in Grootvlei, Springs.

 

“We want them to give you a minimum wage of R12 500. These people can afford R12 500. Mining in South Africa amounts to trillions of rands.”

 

Regarding negotiations at the troubled Lonmin mine, Dlamini said there were ongoing discussions for all parties to sign a peace agreement, probably on Tuesday.

 

“We need to sign a peace accord where everybody will commit to stability, peace and condemn violence. They [the aggrieved miners] need to leave all those sharp objects,” he said.

 

Dlamini said the policemen who opened fire on the workers on 16 August had acted in self defence.

 

“I am not even trained as a police [officer], but I can tell you that if you come to me, carrying a spear and I have a gun, I will defend myself. You would die a very foolish death if you do not defend yourself,” he said to applause.

 

“It is a crime to go around carrying a sharp object. If you want a peaceful strike, leave the dangerous weapons at home. We are not ashamed to say this.”

 

Regarding assertions by the Association of Mineworkers and Construction Union (Amcu), that it had been sidelined and therefore would not take part in the government-brokered peace accord, Dlamini said the newly-established union was lying.

 

“Yesterday they ran away [from the negotiations]. That man they call president [of Amcu] is now lying that they were locked [out]. It’s a lie, they walked out,” said Dlamini. SAPA

Experts working on smartphones Aids test

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Pretoria – South African and South Korean researchers are working on making a smartphone capable of doing AIDS tests in rural parts of Africa that are the worst hit by the disease, a researcher said Friday.

The team have developed a microscope and an application that can photograph and analyse blood samples in areas far from laboratories to diagnose HIV and even measure the health of immune systems.

 

“Our idea was to obtain images and analyse images on this smartphone using applications,” said Jung Kyung Kim, a professor in biomedical engineering at Kookmin University in South Korea.

 

The gadget, called Smartscope, is a small 1mm microscope and light which clips over a smartphone’s camera.

 

A standard chip with a blood sample then slides into the gadget in front of the microscope. Next, a special phone programme photographs the sample and analyses the cells.

 

The team hopes that trials in clinics may start next year, Kim told AFP.

 

A different prototype developed in the United States takes tests in the field that need to be sent to a computer for analysis.

 

But the Smartscope will itself be able to do a CD4 cell count – a measure of white blood cells, which determines when treatment starts.

 

“Its basic function is to count those CD4 cells for diagnosis,” said Kim.

 

The new technology is destined for AIDS treatment in remote communities in South Africa and Swaziland, where clinics often don’t have the technology to do these tests effectively.

 

Almost six million South Africans are infected with HIV, while a quarter of Swazi adults carry the virus.

 

“In community health mobile technology is not a gimmick. It becomes an essential part of access,” said Professor Jannie Hugo, who heads the family medicine department at the University of Pretoria, the partner in the study.

 

SAPA

One person died during protest

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Polokwane – A protester was shot dead on Friday in a service delivery protest in Tafelkop near Groblersdal, Limpopo police said.

 

Local residents barricaded roads, stopping workers and pupils from leaving the area, Brigadier Hangwani Mulaudzi said.

 

“A taxi ferrying passengers was stopped by the protesters, who surrounded the vehicle. The driver panicked, pulled a gun and fired at the protesters, hitting one of them,” he said.

 

The driver drove off with the passengers still inside. The wounded protester was taken to hospital and died later.

 

Police were searching for the taxi driver.

 

“At the moment, the situation is still tense and police are maintaining their presence in the area.”

SAPA

NPA must explain Marikana “murder” charges:Radebe

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Johannesburg – The NPA must explain why the 270 arrested Marikana miners are facing murder charges, Justice Minister Jeff Radebe said on Friday.

 

“I have requested the acting national director of public prosecutions (NDPP), advocate Nomgcobo Jiba, to furnish me with a report explaining the rationale behind such a decision,” Radebe said in a statement.

 

“Section 179 (6) of the Constitution reads: ‘The Cabinet minister responsible for the administration of justice must exercise final responsibility over the prosecuting authority’.”

 

On 16 August 34 striking miners were shot dead in a confrontation with police who were trying to disperse them at the Lonmin platinum mine in Marikana. Another 78 were injured.

 

Initially, the arrested group was charged with public violence. On Thursday, the National Prosecuting Authority announced they would also face murder and attempted murder charges for the deaths of their colleagues.

 

Expelled ANC Youth League leader Julius Malema described the murder charges as madness.

 

“The policemen who killed those people are not in custody, not even one of them. This is madness,” he told protesters at the Ga-Rankuwa Magistrate’s Court, outside Pretoria, on Thursday.

 

Radebe said in terms of the NPA Act the NDPP had to provide the justice minister with information or a report regarding the case, and give reasons for any decision taken.

 

“There is no doubt that the NPA’s decision has induced a sense of shock, panic and confusion within the members of the community and the general South African public.

 

“It is therefore incumbent upon me to seek clarity on the basis upon which such a decision is taken,” Radebe said.

SAPA

Sundowns agree on Xulu deal

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Mamelodi Sundowns have agreed to release Siyanda Xulu to Russian side FC Rostov.

 

We are in Chloorkop right now and the club’s spokesperson Kabelo Mosito has disclosed that Sundowns and Rostov have agreed a deal for the 20-year-old central defender.

 

“We have accepted the LATEST offer, but what is happening now is finalizing the paperwork,” Mosito confirms.

 

KickOff.com got a tip off this morning that Xulu will throw a “huge party” on Saturday to celebrate the move and when we got to Sundowns today, we also realized he was not at training.

 

His agent Paul Mitchell also came to Chloorkop today to finalise the deal, but the move will only be confirmed once the paperwork is done.

for more go to http://www.kickoff.com

Petrol hike shock

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Cape Town – The petrol price will go up by 93c/l next Wednesday, while diesel will cost 69c/l more.

 

The steep 8.4% increase that kicks in at midnight on 5 September is to partly to finance wage increases for pump attendants at garages, the energy department said on Friday.

 

The latest shock hike brings the price of 95 grade petrol in the inland commercial region of Gauteng to R11.97 a litre and R11.62 at the coast.

 

The wholesale diesel price will also go up by about 6.7% to R10.95.

 

This latest petrol increase is also the result of rising oil prices, which have been pushed higher by supply issues and improved consumer confidence in the US.

North West premier Thandi Modise bought the house fair and square, says MEC

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By Obakeng Maje

The sale of a state property belonging to the North West Department of Public Works, Roads and Transport to the Premier, Thandi Modise, was above board as sanctioned by the responsible state departments.

 
The transaction in question was entered into in 2006, when she was Speaker of the North West Provincial Legislature through an open and transparent process to dispose of a total of 108 state properties that were declared redundant and inhabitable in accordance with the Land Administration Act No 2 of 1995, sub-section 3(c).
 

“Due to the continually deteriorating state of repairs, as well as expenses towards rates and taxes incurred by the department at that time, a decision was taken by management to dispose of the properties in question. Furthermore in complying with the government policy on the state properties declared redundant and inhabitable, the Department was correct in disposing of all the 108 properties that belonged to the state  including the one that Premier Thandi Modise bought”, says the MEC for Public Works, Raymond Elisha.

The Department placed advertisements in the extra-ordinary government gazette in September 2008 as well as in the local newspapers calling for interested parties or individuals to bid for the advertised state properties. 

 
 “The majority of the 108 state properties so disposed were occupied by public service officials, politicians and private persons, who all had the first option to purchase. The average purchase price for the properties was R110 000, far below the price for which this specific house was bought for. The total number of state houses sold to state employees at the time, was 216 at the value of more than R22m. Premier Thandi Modise’s property was sold to her for R405 000. At the time, it was valued at R450 000. In accordance with policy, all first time home-owners were granted a 20% discount, whilst second time home- buyers were offered a 10% The R45 000 difference in the valuation and the actual price paid represents the 10% discounted amount, which was offered to
 
  buyers and not only to the then Speaker,” says MEC Elisha.
 
 
 
“It must be emphasized that a period of almost two years (2006-2008) elapsed between the actual offer and actual transfer of the property due the fact that the department had to seek the approval of the Minister if Land Affairs in order to finalise the transaction. The transfer of the property to her name was done on the 27 November 2008. All records in regard to the sales of these state assets including hers are available for public scrutiny” remarks MEC Elisha.
 
 
 
“Since the signing of the offer to sell and offer to purchase agreement between Premier, who at the time was serving as the Speaker and the Department, we have never carried out any renovations at the said property as alleged. All renovations and replacements were done at the cost of Premier Modise, who is the legitimate owner of the property in question,” concludes MEC Elisha.