Johannesburg – The Constitutional Court dismissed an application on Thursday “for reconsideration” of a previous order it made relating to an order of costs.

In May, the Constitutional Court dismissed, with costs, an application for leave to appeal against an order of costs by attorney Sizwe Snail.

The High Court in Pretoria had granted an application against Snail with costs de bonis propriis (from his own pocket).

Snail’s conduct in the high court, while representing a client, had led to the punitive cost order against him.

The high court and the Supreme Court of Appeal refused him leave to appeal.

After the Constitutional Court dismissed Snail’s application, he brought an application “for reconsideration”.

The Constitutional Court held that, in terms of common law, once a court had made a final decision in a matter, it had no power afterwards to reconsider its decision. This could happen only on grounds of rescission or variation of judgments.

Snail elected not to cast his as a rescission application.

However, even if he had, the court held that he would not have succeeded because the facts of the case did not show that the judgment had been incorrectly made.

Sapa

Durban – A case of attempted murder is being investigated by Melmoth police after an unknown gunman fired several shots into the mayor’s bedroom.

Police said the mayor of Mthonjaneni, Maureen Ndlangamandla, was at home watching televison with her husband at the time.

No one was injured,” said police spokesman Captain Thulani Zwane on Wednesday.
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Cape Town – Global security matters such as the Syrian crisis must be dealt with by the UN, President Jacob Zuma again insisted on Thursday.

Speaking to members of the parliamentary Press Gallery Association, Zuma referred to last week’s G20 summit, which saw South Africa, Russia, China, India, Indonesia, Brazil, and Argentina speak out against a possible US -led military strike on the strife-torn country.

“We emphasised our view that the United Nations Security Council is better placed to handle the Syrian question within the ambit of international law,” Zuma said.

“South Africa raised sharply the need to respect the United Nations and multilateralism in issues of global security.”

Certain Western countries are reportedly drawing up a possible military response – likely to be limited to missile attacks – to a suspected chemical weapons attack near Damascus last month that activists say killed hundreds of people.

– SAPA

Pretoria – The widow of a slain Marikana miner accused the government on Thursday of taking sides by funding one party over another at the Farlam Commission of Inquiry.

“Government is taking sides, as if the commission is being held for the police only,” Zameka Nungu said at the Union Buildings in Pretoria.

She said the workers wanted their counsel Dali Mpofu and his team to represent them and not state lawyers.

The government’s failure to fund the workers’ legal team would result in the truth about what happened in Marikana not being known, she said.

“I still don’t know what happened. I want to know why they were shot.”

The Farlam Commission is investigating the deaths of 44 people in strike-related violence near Lonmin’s platinum mine in Marikana, North West, last year.

On 16 August 2012, police shot dead 34 people, mainly mineworkers, while trying to disperse a group gathered on a hill near the mine.

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

Nungu said she had struggled to raise her children since her husband’s death.

“I have hope that the Lord will answer,” she said.

Funding needed

Mpofu recently provisionally withdrew from the commission’s hearings after failing to get state funding for himself and his team.

On Monday, the commission’s chairperson, retired Judge Ian Farlam, ruled that the commission would continue after Mpofu lodged an application to have it postponed until he secured funding.

Farlam found it would not be prejudicial to Mpofu’s clients to continue the hearings in his absence.

The march was organised by Citizens4Marikana, a group who came together through social media on the first anniversary of the Marikana shootings.

It wanted to appeal directly to President Jacob Zuma for legal funding in its quest to get to the truth about what happened at Marikana, spokesperson Erik de Ridder said on Monday.

March convenor Bishop Joe Seoka said on Thursday that the Marikana Dignity 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.

– SAPA

Pretoria – Arguments advanced in seeking a review and the setting aside of the decision to withdraw charges against Richard Mdluli were based on hearsay, the North Gauteng High Court in Pretoria heard on Thursday.

Advocate William Mokhari, representing the police, said lobby group Freedom Under Law (FUL) had formulated its court application based on hearsay in newspapers.

“It is now common knowledge that reliance by the applicant (FUL) on information from persons, who are unable to confirm the correctness thereof, or the veracity of the information is in fact counter-productive,” Mokhari said in written heads of arguments presented to the court.

Judge John Murphy asked Mokhari to specify the hearsay and the publications.

Mokhari submitted that the police and Mdluli had an employer/employee relationship, and that the Labour Court would be the appropriate forum to settle issues between them.

“The relationship between the [SA Police Service] and the fifth respondent [Mdluli] is governed by the employment contract concluded between the parties. In the absence of that contract, this court cannot assume jurisdiction on the matter, which emanates from an employment relationship.”

Review

Earlier, Advocate Laurance Hodes, representing the national director of public prosecutions (NDPP), contended 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.

Judge John Murphy expressed reservations about Hodes’ assertion.

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

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

FUL brought an application for a review and setting aside of the decision to withdraw criminal and disciplinary charges against the controversial former police crime intelligence head.

Mdluli 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 court application to review the withdrawal of the criminal and disciplinary charges against him.

– SAPA

Johannesburg – Not enough candidates meet the requirements to fill senior job vacancies in the Independent Police Investigative Directorate (IPID), Police Minister Nathi Mthethwa said on Thursday.

“We recognise the importance of a permanent head of IPID as well as the provincial heads,” he said in a statement.

“However, part of the delay why we could not finalise the appointment of provincial heads… was the fact that some of potential candidates did not meet some of the requirements.

“In fact, one of the first priorities of the head of IPID would be to put in place a management structure at the provincial level through the filling of these posts,” Mthethwa said.

The post of IPID head was advertised publicly in July.

The short-listed candidates were found not suitable for the position.

“We are cautious not to fill the vacancies willy-nilly or to meet a deadline without prior analysis including conducting the necessary competency tests, checks and balances,” Mthethwa said.

A second phase of interviews for the position took place in Pretoria last week.

Once a suitable candidate was found, Cabinet would still have to deliberate and approve the appointment.

– SAPA

Cape Town – President Jacob Zuma’s decision to refer the controversial protection of state information bill back to the National Assembly was widely welcomed on Thursday.

The Right2Know Campaign (R2K) said the president’s decision was a “victory for social justice”.

“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 upon which we can ensure an accountable democracy able to deliver the needs of our people.

“Parliament must now take up the baton and remove every draconian measure from the poisonous bill,” R2K said in a statement.

ANC Chief Whip Stone Sizani said the ruling party’s caucus appreciated the president’s views on the bill.

Zuma wants two sections of the bill redrafted, after concluding they will not pass constitutional muster.

One section deals with criminalising the improper classification of state information and provides for prison sentences of five to 15 years, depending on the level of wrongful classification.

The other section stipulates that the written authority of the National Director of Public Prosecutions (NDPP) is needed to institute charges in respect of any crime under the legislation that carries a jail term of five years or more.

Sizani said: “Indeed Parliament must ensure that an appropriate process is instituted to ensure that amendments are accordingly effected.”

“It is important that the laws Parliament pass are of highest quality and are not in conflict with the Constitution.”

Details of the bill

The DA also gave its nod to Zuma’s decision, but said it would await the full details, which would be published in parliamentary papers.

“Once published, the DA will analyse these details and respond accordingly. The DA has fought hard to ensure that this bill, in its current form, is not signed into law and will continue to do so,” DA parliamentary leader Lindiwe Mazibuko said.

One of the biggest opponents of the bill, the SA National Editors’ Forum (Sanef), was also in agreement with Zuma’s decision.

“We agree with the remarks made by the president today [Thursday] that certain sections of the bill are irrational and unconstitutional,” Sanef said in a statement.

“The bill criminalises the possession and dissemination of classified state information even if such information is in the public interest.”

The forum will continue fighting for the inclusion of a public interest defence “to protect journalists and whistle-blowers”.

A few hours after Zuma’s announcement, National Assembly Speaker Max Sisulu said party whips would be consulting on the establishment of an ad hoc committee to consider Zuma’s reservations.

“Once the committee has been established, the bill together with the president’s reservations will be referred to it for consideration and report in terms of the Joint Rules of Parliament,” Sisulu said.

State Security Minister Siyabonga Cwele also weighed in.

“The decision will allow Parliament to give effect to the areas of concern pertaining mainly to typographical errors that affect the meaning and rationality of the bill,” Cwele said in a statement.

– SAPA

Pretoria – Protesters handed over a memorandum to the presidency in Pretoria on Thursday, demanding legal funding for miners wounded and arrested at Marikana.

Directors in the presidency, Sifiso Mkhize and Shimi Mashweu, received the memorandum at the Union Buildings.

The marchers were unhappy that President Jacob Zuma was not available to receive the memorandum.

March convenor Bishop Joe Seoka said they would not rest until they secured state funding.

“If the government does not do anything about the workers’ plea for state funding, they will embark on a mission to put pressure on the government… that will be revealed over the weekend,” said Seoka.

The march was organised by Citizens4Marikana, a group of ordinary South Africans who came together through social media on the first anniversary of the Marikana shootings.

It wanted to appeal directly to Zuma for legal funding in its quest to get to the truth about what happened at Marikana.

The wounded and arrested miners’ counsel Dali Mpofu recently provisionally withdrew from the Farlam Commission of Inquiry into the circumstances surrounding the deaths of 44 people in strike-related unrest at Marikana, North West last August, because of a lack of funding.

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

Among the politicians at the march on Thursday was Economic Freedom Fighters (EFF) leader Julius Malema, who was welcomed with revolutionary songs.

Malema, who wore a brown Steve Biko T-shirt, was at the forefront of the march.

DA spokesperson Mmusi Maimane also took part in the march. He said political party affiliation did not matter.

“What matters is that South Africans came together to sing in one voice.”

IFP leader Mangosuthu Buthelezi and chairperson of the Opposition to Urban Tolling Alliance (Outa) Wayne Duvenage were also among the marchers.

– SAPA

Johannesburg – A number of factors would influence crime statistics for the 2012/ 13 financial year, the Institute for Security Studies (ISS) said on Thursday.

These include police resources being diverted for public violence, the new police leadership, the deterioration of the crime intelligence unit, and concerns about police brutality and corruption.

The crime statistics were due to be released next Thursday.

In the 2011/12 financial year, South Africa’s murder rate was 4.5 times higher than the world average, said the ISS’s governance, crime, and justice head Gareth Newham.

There were 43 murders a day on average and 50 688 cases of violence against children, an average of 140 cases a day.

70 000 more cops

In that year, there were 180 573 cases of violence against women, an average of 496 cases a day.

Interventions should include reducing children’s exposure to violence, improving parenting skills, increasing self esteem among young adults, and changing attitudes.

These interventions required the assistance of social workers, teachers, community development workers, and health professionals.

“In the past 10 years we’ve hired 70 000 additional police officers, while we have a shortage of over 52 334 social workers,” he said.

Newham also said that crime statistics should be released every month.

“Police update crime statistics every 24-hours. We only get it after it’s been outdated,” ISS Newham said.

“If you could get it once a month… communities could see what’s happening in their neighbourhoods and start acting without the help of police.”

This would take a “massive burden” away from police and residents would be able to take precautions, implement initiatives and change ineffective ones.

Statistics out of date

“Right now, people have no clue what’s happening in their areas.

“Communities should be entitled to quickly identify emerging crime trends…. It’s our information, we deserve it…. We pay our taxes.”

Crime statistics were between six to 18 months out of date when they were released, and the decision not to release them monthly was a political one, he said.

Withholding detailed and regular information about crime went against the constitutional principles of transparency and accountability.

“Communities and individuals are not able to assess their safety risks.”

This undermined transparency and building partnerships to reduce crime.

– SAPA

Johannesburg – The incompetence displayed by the Eastern Cape health department is a glaring example of the government’s betrayal, Agang SA leader Mamphela Ramphele said on Thursday.

“When we gained our freedom, we… built solid foundations on which to grow a prosperous society that redressed the many wrongs of the past,” she said in a speech in Mthatha, in the Eastern Cape.

“Denying people access to decent health care is a fundamental departure from the principles on which this nation is founded.”

After nearly 20 years of democracy, leaders had failed to deliver on the promise of freedom for which so many people fought and died, Ramphele said.

A report compiled by, among others, Section 27 and the Treatment Action Campaign (TAC), was released on Wednesday and detailed stories of patients not getting help at hospitals and clinics because of a lack of medications in the Eastern Cape.

It also described hampered service delivery as a result of the poor state of health care facilities.

Ramphele said the time had come to restore the promise of a free South Africa.

“Our country has reached a crossroads. We need change now, before things get worse and the damage becomes too difficult to fix.”

This was why a new government was needed in 2014, she said.

Corruption was at the core of what was wrong in the country. This was not the legacy past leaders had in mind, Ramphele said.

“This is not the country dreamed of by our beloved Madiba, by Steve Biko or Lillian Ngoyi, by Ruth First or Robert Sobukwe or Chief Albert Luthuli or Charlotte Maxeke or Cecilia Makiwane.

“Once again, our country needs modern day heroes and heroines to save it from the cancer of corruption that has become integral to the politics of our young new nation,” she said.

– SAPA