Pretoria – The North Gauteng High Court in Pretoria reserved its verdict on Thursday on an application for a review and setting aside of the decision to withdraw criminal and disciplinary charges against Richard Mdluli.

However, Judge John Murphy said he appreciated the significance of the matter and would ensure his judgment was communicated soon.

“I appreciate fully that this is a matter that should be dealt with sooner rather than later,” he said.

“I hope to get a judgment to you, probably in the course of the [court] recess or shortly thereafter.”

The application was brought by the lobby group, Freedom Under Law (FUL).

The controversial former crime intelligence head was suspended amid charges of fraud and corruption, and charges relating to the murder of his ex-lover’s husband.

An inquest cleared him of any involvement in the murder.

The charges of fraud and corruption were also later withdrawn, by the National Prosecuting Authority (NPA).

He was reinstated, but was again suspended in 2012 pending the FUL application.

Advocate Laurance Hodes, for the national director of public prosecutions (NDPP) argued that instead of “marching off to court”, FUL should have sought the review from the NDPP.

Hodes said the Mdluli matter had been provisionally withdrawn, which did not amount to a discontinuation of the prosecution process.

Decisions on whether to prosecute lay with the NDPP, not with courts, Hodes argued.

Murphy expressed reservations about Hodes’ assertion.

“So you can provisionally withdraw a matter for 25 years and that is fine?” he asked.

Murphy said if courts could not intervene, it would enable corrupt prosecutors to get away with it, as cases would be taken off the roll.

– SAPA

Pretoria – Politicians pledged their support for Marikana miners and called on the government to ensure justice was served during a march in Pretoria on Thursday.

Politicians at the march on Thursday included IFP leader Mangosuthu Buthelezi, DA spokesperson Mmusi Maimane, UDM leader Bantu Holomisa, EFF leader Julius Malema, and Cope leader Mosiuoa Lekota.

The PAC and Agang SA were also represented, but there was no sign of representatives of the ANC.

Buthelezi said everyone affected by the events at Marikana should be able to present their case at the Farlam Commission of Inquiry for it to be fair and successful.

“If the state could afford the best lawyers then the playing field “should be levelled,” he said.

“Government needs to open its eyes. It needs to see the depth of pain and hardship on the people it is ignoring… and accept responsibility to set things right in our country.”

Citizens4Marikana, a group which came together through social media on the first anniversary of last year’s violence at Marikana, organised a march to the Union Buildings to demand state funding for miners’ counsel, Dali Mpofu and his team.

Mpofu recently provisionally withdrew from the Farlam Commission of Inquiry into the circumstances of 44 deaths in strike-related unrest at Marikana last August because of a lack of funding.

Police shot dead 34 people, almost all of them striking mine workers, while trying to disperse a group gathered on a hill near the mine on 16 August 2012.

Ten people, including two police officers and two security guards, died in the preceding week.

Application to postpone

Mpofu applied for the commission’s hearings to be postponed while he sought funding, but its chairman, retired judge Ian Farlam, ruled on Monday that it would not be prejudicial to his clients to continue the hearings in his absence.

Mpofu has already approached the high court and the Constitutional Court in an attempt to obtain state funding.

Both courts have dismissed his application.

He will appeal the matter in the high court later this month.

Malema told the marchers miners would have received state funding if those who were killed were members of the National Union of Mineworkers (NUM).

“That mountain [in Marikana] would be the most important mountain in the country. Only people who are important to the ANC are those aligned with the ANC,” he said.

Earlier, Holomisa announced that his party had donated R10 000 to the Marikana Dignity Trust.

March convenor Bishop Joe Seoka said the trust, which was established to further the cause of the miners, would also be used to restore the dignity of the Marikana community.

“It will also be used to assist with counselling because people were traumatised by what they witnessed on the day,” he said.

Memorandum

The marchers handed a memorandum to directors in the presidency Sifiso Mkhize and Shimi Mashweu.

In the memorandum, they asked President Jacob Zuma to respond to the demand for state funding by Friday.

“In conducting this peaceful and lawful demonstration, the victims wish to urge the South African government and its organs to reconsider their position and provide the necessary funding,” read the memorandum.

“Failure to do so will result in a discredited process on which R115m of taxpayers’ money has already been spent or allocated and which will go to waste.”

No credible and legitimate outcome would come out of the commission without the participation of the victims.

“Certainly, no closure, reconciliation, truth and justice can result from it.”

The workers and victims would take steps to withdraw the legal challenge already before the court and return to the commission should Zuma respond positively to their demand.

“This step is likely to restore the commission’s credibility and the bona fides of the South African government.”

– SAPA

Cape Town – President Jacob Zuma declined to explain fully why he found parts on the protection of state information bill problematic, when pressed by the media, which prompted hours of speculation as to the exact provisions in question and the extent of possible amendments.

Confusion grew when his spokesperson Mac Maharaj indicated that Zuma may have meant to refer to different sections of the bill but he later retracted this.

Earlier on Thursday Zuma said he could not sign the bill into law, because it was incoherently drafted and, therefore, unconstitutional.

Since the bill was adopted in April, Zuma has been lobbied not to sign it into law, but to refer it to the Constitutional Court for certification.

Asked why he did not take this route, the president responded that the Constitutional Court was not in a position to amend the bill, and that only lawmakers were.

“I sent it to the people who will fix what I think is wrong,” he said.

Zuma’s announcement was widely welcomed by critics who have campaigned against the legislation for years.

The bill was deemed a throwback to apartheid-era state secrecy when it was first introduced, and over almost three years of drafting the ANC was forced to retreat from some of its most controversial clauses.

Revising the bill

During his announcement, the president singled out two sections of the bill as problematic but his office indicated that a letter sent to Speaker Max Sisulu mandates lawmakers to revise the contentious official secrets bill as a whole.

“I have referred the bill back to the National Assembly for reconsideration, in so far as sections 42 and 45 lack meaning and coherence, and consequently are irrational and accordingly are unconstitutional,” Zuma said to parliamentary reporters.

Section 45 criminalises the improper classification of state information and provides for prison sentences of five to 15 years, depending on the level of wrongful classification. It notably makes it a crime to classify information to conceal corruption or influence a tender process.

Ironically, advocacy groups have welcomed this section for offering those who reveal classified information to expose state wrongdoing protection from prosecution.

Section 42 purports to deal with failure to report possession of a classified document but refers back to an earlier section that sets out the maximum classification period, as stipulated in the National Archives Act.

Shortly after Zuma announced his decision, Sisulu informed the National Assembly that an ad hoc committee would be established to deal with the president’s reservations about the bill.

Rising to address the Assembly, State Security Minister Siyabonga Cwele welcomed the president’s decision, because it would strengthen the legislation.

Bill remains ‘unconstitutional’

Critics – among them ANC alliance partners and veteran human rights lawyer George Bizos – have insisted that it remained unconstitutional.

Their objections revolve around more provisions than those Zuma singled out, including the fact that the bill places a low burden of proof on the state for crimes such as espionage.

Last month, the Nelson Mandela Centre for Memory called for the bill to be withdrawn and rewritten from scratch because, it said, it would create a regime of dealing with state information that ran parallel to that envisaged in the Constitution and the progressive Promotion of Access to Information Act (Paia).

“This was the basis for the secrecy and lack of accountability which characterised the apartheid system,” it said.

The Right2Know campaign welcomed Zuma’s decision and said he had mentioned “only two of many draconian aspects of the bill” and urged a comprehensive redraft.

“We call on members of Parliament to seize this opportunity to redeem themselves and redraft the bill to bring it in line with the values of openness and transparency,” the group’s national co-ordinator Mark Weinberg said.

– SAPA

By TDN
The North West Provincial Legislature will be hosting the Interfaith
Religious Sectoral Parliament under the theme “Strengthening relations
between Religious Community and the State” on Friday in the Legislature Chamber at 10h00.
“The aim of the sectoral parliament is to create a platform for religious
leaders to raise issues that affect better service delivery in our country,
moral decay and have a way forward in working together with the state to improve the lives of the people of our province” departmental spokesperson Mongezi Tsenca said.
The following topics will be under discussion:
The prophetic voice of religious community in society today and cooperation between religious community and the state.
The National Interfaith Council of South Africa (NICSA), South African
Council of Churches (SACC), South African Minister’s Fraternal (SAMIFRA),
Department of Social Development, Women, Children and People with
Disabilities, Department of Education, Moral Regeneration Desk from the Office of the Premier and other related stakeholders will attend the event.-TDN
Follow us on Twitter@Taung_DailyNews or @IceT_

By TDN
Mpumalanga-A festival of urban and soulful sounds is set to bring a dynamic vibe to Nelspruit yet again this year. Mpumalanga will come alive this September as the 5th instalment of MPUCA Annual 60s Weekend” returns with a scintillating weekend of good music, tourism and entertainment.

The event attracts a mélange of ethnicities from across the country, young and old to this exciting and progressive city.
For the past 4 years these event played host to a unique melting pot of these cultures, coming together for a massive celebration.

Boasting some of the majestic and panoramic views, the Mpumalanga Province will come alive from 26th – 29th September 2013 when revellers and tourists from all over Southern and South Africa gather at some of Mpumalanga’s iconic locations.

“We are quite thrilled at the success the festival has enjoyed over the past four years and this year is going to be even better as we feature the SAMA awards Winner KhuliChana and the Musical Legend ‘ZOLA7’ to head our strong line-up of more than 40 Artists,” says Sam Sekgota, Managing Director of Molite Productions.

The MPUCA 60s Weekend in Nelspruit will kick off on Friday, 27th September with a high-energy Pre-Party at Cappellos featuring Naives and SPHE, Mpako, Ocean and others.
“For the lovers of HouseMusic we have a second dance floor still at Cappellos with Dj @Work Vinny Da Vinci & Christos, Fistaz Mixwell, TrevorDee, China, Glen Lewis, ThePrince, Nasty Nev and TrendyL as well as some of the top club DJs in the country. Saturday, 28th September will be the Main Sixties Party at Mbombela Stadium Precinct with Dj Blackcoffee, Fresh, Sbu, Ganyani, Sumbody and others and on Sunday, 29th September the weekend winds down at The Mbombela Picnic & Braai area with sultry and soulful sounds at the popular Sunday Soul Session presented by the METRO FM’s Paul Mtirara, Eddie Zondi, Sweetmike and UnkleMdu headlined by top Afro-Jazz Artist like Mafikizolo, TheSoil, JazielBrothers, Zahara, Ntando to be flanked by local artists Tsepe and many more” Organiser said.

“It’s sure going to be an unforgettable Mpumalanga weekend and we urge all South Africans to set aside that September weekend and book their tickets, flights and accommodation as this is going to be amemorable festival of excellent music,” adds Sekgota.

Ticket prices to the MPUCA 60s weekend are available at Computicket Nationwide and Shoprite Checkers and online as follows:

• Friday, 27th September Hip-Hop Pre-Party at Cappellos R 100

• Saturday, 28th September Sixties Party at Mbombela Stadium R 180

• Sunday, 29th September Sunday Soul Session at Mbombela Stadium Picnic and Braai Area R 150.
Book your ticket early to avoid disappointment.-TDN

For more information on Sixties Weekend follow them on Facebook: 60s Nelspruit, number 013 752 2153 http://www.60snelspruit.co.za

Follow us on Twitter@Taung_DailyNews or @IceT_

Johannesburg – The SA Broadcasting Corporation plans to exercise fiscal prudence when its government-guaranteed loan is paid off at the end of September, CEO Lulama Makhoba announced on Thursday.

“The SABC… has made R330 million in profits after taxes, and we will be paying off the government guaranteed loan at the end of September,” she said.

Makhoba said the partial financial freedom would not translate into careless spending, but would be invested in turn-around strategies including the training of staff in its financial department.

She said an audit had found that financial instability within the SABC had resulted in skilled financial department employees vacating crucial posts.

The SABC was releasing its 2012/13 annual financial report, just two days after receiving a disclaimer of opinion for 2012/13 – the worst audit opinion – from Auditor General Terence Nombembe.

A disclaimer is issued if the AG cannot form an opinion and thus declines to present an opinion on an entity’s financial statements.

In the SABC’s 2013 annual report, tabled in Parliament on Tuesday, Nombembe cited financial mismanagement and inadequate controls as reasons for the disclaimer.

In his audit report, he found, among other things, that the SABC had spent more than R1.5 billion, and was not able to provide corresponding documentation for what the money was used.

“I was unable to obtain sufficient, appropriate audit evidence for journals processed to broadcasting cost, signal distribution, and linking cost, marketing cost, professional and consultancy fees and other expenditure… which, in total amount to R1,588,929,000, as supporting documentation could not be provided,” Nombembe said.

The SABC had also failed to adhere to the laws governing taxpayers’ money.

“Irregular expenditure to the amount of R106,322,000 was incurred, as proper tender processes had not been followed,” said Nombembe.

It also emerged that the broadcaster had procured goods and services through unfair and untransparent means.

Dismissing media reports that the SABC faced financial ruin, Makhoba said its major flaw was a financial reporting system which vastly differed with that used by the AG.

“The hybrid system that we were sitting with in reporting our finances was different to what the AG had, creating the confusion,” she said.

“When the AG assisted us, we found that his system was much wider and deeper and was not what we had previously used.” – Sapa

Johannesburg – Adriaan Netto, the 37-year-old father accused of raping and murdering his 10-month-old baby, is a wanted man after failing to show up at court on Thursday morning for judgment.

Instead of arriving at court to hear whether or not he has been found guilty of killing his tiny daughter, Netto fled from his home early Thursday morning.
For more http://www.iol.co.za

Cape Town – It was main road madness in Green Point and Sea Point overnight as three separate collisions destroyed four cars, two shop fronts, two sidewalk bollards and two lampposts.

The first smash happened about 4.40pm on Wednesday on the corner of Beach Road and Marine Drive, when a BMW slammed into a lamppost, bringing it down and blocking traffic at the start of peak hour. No one was injured, said traffic spokesman Richard Coleman.
For more http://www.iol.co.za

Durban – A ship carrying 3 500 cattle, sheep and goats set sail for Mauritius from East London on Wednesday – leaving furious animal rights activists in its wake.

Tension ran high on the quayside, with the National Council of SPCAs (NSPCA) saying its inspectors were not given full access to the MV Barkly Pearl to monitor the loading of the animals.
For more http://www.iol.co.za

Johannesburg – Prison warders protested outside Mangaung Prison in Bloemfontein on Thursday, the prison said.

The warders, who were employed by a security company, were angry about the suspension of a fellow employee on Monday, said the prison’s contract management director Joe Maako.

He said the suspended employee was accused of intimidating and influencing members to protest during wage negotiations.

The protest began on Wednesday. Only a few of the prison’s 400 warders reported for work.

The warders were expected to meet with the security company’s management on Thursday, said Maako.

Sapa