Daily Archives: March 24, 2014

Manamela- Thuli Madonsela is not ‘God’


Majakaneng-YCLSA National Secretary Buti Manamela said earlier today that Adv Thuli Madonsela is not god and that her investigations and findings are not the Ten Commandments.

Manamela was speaking to more than 4000 young people in Madibeng outside Rustenburg at an Election Rally organized jointly with the NUM Youth Forum and the Progressive Youth Alliance.

Manamela said it was important that as much as Chapter 9 institutions are accorded powers by the constitution, they were required to do this work without fear or favour.

“Adv. Madonsela has in the past committed serious legal mistakes in relations to procedure and on the substantive issues of her investigations. This was clear in her investigations of the IEC Chairperson Pansty Tlhakula, and some of her findings regarding the SABC erroneously finding people guilty who were never in the employ of the broadcaster at the time she was investigating” Manamela said

“The same applies to her investigations of Nkhandla. This was a trial through the media, and so are many of her investigations. She is driven by the political agenda of the media and of the DA” said Manamela.

“No personal attacks on PP”

“I appeal to you comrades, lets not attack her personality, how she walks or how she speaks or the colour of her lip-stick. We must engage her on the basis of her investigations, findings and the provisions in the constitution and the Public Protector’s Act. The public protector’s office was established by the ANC government, it must be this government that protects that institution.”

He further said that there is nothing new in her recent report, which she had in anyway leaked last year to the media.

“President Zuma did not ask for security upgrades and renovations. He did not appoint contractors to do the upgrades. He did not unduly benefit form the entire Nkandla process and therefore cannot take responsibility of the mess that was created by administrators”

“Those who sky-rocketed the prices of the security renovations in Nkandla from R27million to R237 million should be brought to book and pay back the tax-payers money.”

Don’t Vote the anti-Black, Women and Workers Democratic Alliance

Manamela urged the gathered youth not to vote for the Democratic Alliance as it was anti-Black, anti-Women and anti-Workers.

“Look at their list to parliament. They have 70% of their candidates being white, and only 1/3 of those being women. None of those have a worker or working class background and yet they are asking black people, women and workers to vote for them”

This does not only speak to their representatives, it also speaks to their policies. The DA opposed the wage demands of farmworkers in the wine industry, calling this a ploy by the ANC to bring the province into ungovernability. They opposed Employment Equity policies. They are opposed to Black Economic Empowerment. They call black people refugees and migrants because they believe Cape Town belongs to whites only. This is the party of apartheid that no democracy loving young person should vote for it” Manamela said.

He further said that the ANC has a proven track record for the last twenty years in creating access to education, basic health care, housing, roads, water, electricity, social grants, saving 1 million jobs lost due to the economic recession and have an actual plan to govern South Africa.

He called on all young people to continue volunteering for the ANC Elections Campaign and not to be duped by newcomers.

“Bantu Holomisa has left the ANC and now he is alone in his UDM, representing his jacket. Terror Lekota duped millions of people to follow him into COPE, and today many are coming back to the ANC as it shows that a house built of anger cannot be sustained.

“Julius Malema was expelled from the ANC because he was rude, disrespectful, ill-disciplined and represented everything that the ANCYL was not. He has now formed a stokvel saying our people should trust him. We trusted you once and got you elected in 2008 in Mangaung and you used that position to enrich yourself. You buy a house for R3million, bring it down, build another one for R16 million and yet you say we should trust you.

Manamela further said that they “made a mistake once, and shall never repeat that mistake by giving you a vote in the elections”.

He said that EFF will crumble like the job he [Malema] did when building a house for the Hlongwanes in Nkandla.

“That one-man show being EFF shall follow the example of many other political parties that are based on a personality cult and personal interests. All that you know is to hurl insult at Jacob Zuma, and have absolutely no policies. If you are challenged on policies, you spit some illusionary vision that only a person in a stupor can produce” he said.-TDN
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Oscar’s fate maybe in his own hands- experts


Johannesburg – Prosecutors at Oscar Pistorius’s murder trial have presented a “golden thread” of evidence suggesting Reeva Steenkamp screamed before she died, leaving the double-amputee athlete with “serious questions” to answer and his defence likely hinging on his own testimony, a legal expert says.

He has pleaded not guilty, claiming he mistook her for an intruder. 

Three neighbours say they heard a woman scream before and during the deadly gunshots coming from Pistorius’s home in the early hours of Valentine’s Day last year. The pathologist who performed the autopsy on Steenkamp’s body said it would have been “abnormal” for her not to scream from some of her injuries.

A police ballistics expert concluded that the first shot Pistorius fired through a toilet door hit Steenkamp in the hip and caused her to collapse, but didn’t immediately kill her.

The second shot missed. From the policeman’s testimony, Steenkamp likely had time to yell out before she was hit by two more shots as she covered her head with her arms in a desperate attempt to protect herself.

“Suddenly what we have is Oscar Pistorius firing at Reeva Steenkamp while her hands are covering her head while she’s screaming in the toilet, and that’s murder,” said Marius du Toit, a defence lawyer and former State prosecutor who says he has worked on at least 100 murder cases.

Du Toit, who is following the trial but not involved, said the prosecution has “definitely” made a case for murder against the Olympic runner for the fatal shooting of Steenkamp, and Pistorius’s defence must now respond.

Chief prosecutor Gerrie Nel has so far presented a specific line of evidence compellingly, Du Toit said.

Using the accounts of neighbours and backing them up with the expert opinion of pathologist Gert Saayman and police ballistics investigator Captain Christiaan Mangena, Nel may have shown to the court that it was “reasonable” that Steenkamp screamed during the four shots fired at her, Du Toit said.

“There’s definitely a golden thread here,” Du Toit told The Associated Press in a telephone interview, using a courtroom term that refers to the prosecution’s duty to prove guilt beyond a reasonable doubt.

“A golden thread of someone who was screaming and who was shot. The objective facts, which are the injuries she sustained, coupled with the expert opinion, tied with your circumstantial evidence presented by witnesses.

“And if that ties up with one another then Oscar has got a major problem.”

Trial extended

Prosecutors had been expected to wrap up their case this week by calling four or five more witnesses. The defence will then present its case.

The North Gauteng High Court in Pretoria said on Sunday that the trial had been extended. 

It will be halted for the week beginning 7 April and then resume from 14 April until 16 May.

Pistorius faces going to prison for 25 years to life if convicted of premeditated murder.

If found guilty of murder without premeditation for killing Steenkamp, who was 29, Pistorius faces a minimum 15-year sentence.

Pistorius says he shot Steenkamp by mistake believing she was an intruder in his home and has maintained throughout that he was the only person to scream, partly after realizing his tragic error.

Pistorius’s chief defence lawyer, Barry Roux, has attracted attention for his cross-examination of prosecution witnesses, and his consistent criticism of an apparently flawed police investigation into the shooting in the pre-dawn hours of 14 February 2013.

Du Toit identified two areas he believes will be crucial to Pistorius’s defence: The world-famous runner’s own testimony and evidence given by the defence’s forensic and ballistics experts.

Roux has made it clear that Pistorius’s experts will offer another version regarding the shots that killed Steenkamp, arguing that Pistorius fired with “double-tap” bursts that gave Steenkamp no time to scream, and so Pistorius did not realise he was shooting at Steenkamp.

Du Toit also noted that police experts did not test if parts of Pistorius’s story were plausible.

“So all they [the defence] have to do is say, ‘well you never bothered so we tested it and this is what we found’,” Du Toit said.

But, ultimately, Pistorius has admitted killing Steenkamp and he is expected to explain his decision to fire four times into a small cubicle from close range. That will open him up to cross-examination by the prosecution.

“The only question is whether there was intent and intent is subjective,” Du Toit said. “That means the accused must come and dispel that.

“Oscar [testifying] is definitely going to be the key, but I wonder if it’s going to be good for him.”

AP

Satanism cases in townships schools


Sebokeng – At least two percent of Satanism-related cases have been reported in township schools in South Africa, the SA Democratic Teachers Union (Sadtu) said on Sunday.

“But these are just reported cases. Many cases are not reported,” Sadtu’s general secretary Mugwena Maluleke said in Sebokeng.

“Gauteng is the worst affected province so far.”

This was followed by the Northern Cape and Mpumalanga.

He said the cases were mainly in township schools, but there were signs to look out for.

“Once there’s Satanism, there’s violence in schools and you will see the level of absenteeism increasing and then there’s great social complications,” he said.

“You begin to see schools embarking on action against learners who are possessed or displaying characteristics of violence and bullying.”

The first action by schools was suspension and then expulsion.

Basic Education Minister Angie Motshekga said her department had partnered with Sadtu to raise awareness about religion in schools and government’s policy on it.

She said an awareness drive was started in March following the murder of two girls in Dobsonville last month, which was believed to be related to Satanism.

“Since 8 March, every day we are in different communities addressing education, religion and morality,” said Motshekga.

The campaign would end on 2 April.

Thandeka Moganetsi, 15, and Chwayita Rathazayo, 16, were found dead in a field, dressed in George Khoza Secondary School uniforms. They had cuts on their hands and necks. Three black candles and two new razor blades were found at the scene.

The police occult unit was part of the investigating team amid reports that the murders could be linked to Satanism.

Motshekga said schools, townships and young people needed to be educated about religion and government policy on it.

Principals, in particular, needed to know about its policies related to religious beliefs, she said.

Since the Dobsonville murders, Motshekga had received numerous complaints.

“Different priests and religious groups have been complaining about problems in schools about religion, and we are here today to educate people… and clarify government’s position on religion,” she said.

“Priests have been writing to me. They say the problems are because of government policies.”

She did not elaborate on the complaints, but said she wanted the community to be educated on government policy.

SAPA

Barry Roux stalked for autograph


Johannesburg – If Barry Roux had his way, he would be as far away from Pretoria and the Oscar Pistorius murder trial as possible – preferably somewhere like Kleinmond, outside Cape Town, where he goes for regular breaks.

There, he hides from the world, gazing out to sea from his patio while sipping a glass of fine red wine.

It’s been a rough few weeks for a man who hates the limelight.

The public may be enamoured with Roux, but they could not have chosen a more reluctant celebrity.

He is utterly mortified by all the attention.

Last week, he was stalked by a woman begging for his autograph.

Roux tried to ignore her, but when he realised she was persistently following him, he told her to walk with him so as not to draw any attention.

Although he is embarrassed by the very idea of signing autographs, he eventually obliged because he felt bad when she told him she’d taken a whole day off work just to come and meet him.

Celebrity status

His celebrity status has gone viral. A parody Twitter account @BarryRouxLaw has been set up in his name.

One of his funnier tweets followed Colonel Schoombie van Rensburg’s astonishing admission last week that he was horrified when he saw forensic officers handle the gun Pistorius used to shoot Reeva Steenkamp without gloves.

“No glove, no courtroom love,” tweeted the fake Barry Roux.

The Twitter Roux has also ventured beyond the courtroom drama to offer his opinion on Public Protector Thuli Madonsela’s damning Nkandla report.

“In exchange for defending him, Mr Zuma has promised that I can use his fire pool whenever I want,” he offered helpfully.

So great is Roux’s celebrity status, it has spawned a new South African lexicon.

Phrases include “You’ve been Rouxed” or “Don’t do a Barry Roux on me” and trial watchers have their favourite Barry Roux joke that plays on his ability to twist what a witness says.

But this is all a little beyond the real Barry Roux, who doesn’t know how to access Twitter and has never seen his satirical alter ego online.

But he has listened to the rap song created by Joburg radio station 94.7 Highveld Stereo and, according to those close to him, found it hilarious – though he says it’s not that flattering.

After court each day, he is mobbed by adoring fans, and was once chased down Madiba Street in Pretoria.

He escapes into a nearby coffee shop and orders his regular treat – a frullato (fruit juice mixed with ice cream), which helps him cool down.

But if Pistorius takes the stand soon, as is widely expected, the tables could turn and it will be state prosecutor Gerrie Nel’s turn to display his cross-examination style.

SA’s most expensive advocates

South Africa’s most senior advocates are making a handsome living.

Last year, City Press reported that some were earning R45 000 a day, but recent reports show that for others the daily rate can be set as high as R60 000.

This, though, depends on the complexity of the case and the identity of the accused.

Some of the country’s priciest legal minds include:

– Advocate Kemp J Kemp, who respresented President Jacob Zuma during his rape trial and his corruption case in in the mid 2000s, and reportedly charged between R24 000 and R36 000 a day at the time

– Senior advocate Ajay Sooklal, who also represented Zuma as well as his former financial advisor Shabir Shaik, charged between R18 000 and R33 000 a day while he represented arms company Thales SA in 2006

– Advocate Ishmael Semenya (SC) and Frank Mathibedi (SG) who represent the police at the Farlam Commission of Inquiry into the shooting of miners in Marikana, are reportedly paid in the region of R30 000 a day

– Economic Freedom Fighters Gauteng premier candidate, Advocate Dali Mpofu, who represents the miners before the same commission, is being paid R15 000 day by the Legal Aid Board

City Press

Pilots’ mental health a concern amid jet mystery


Dallas – Reinforced doors with keypad entries. Body scanners and pat-downs. Elaborate crew manoeuvres when a pilot has to use the restroom. All those tactics are designed to keep dangerous people out of the cockpit. But what if the pilot is the problem?

With no answers yet in the disappearance of Malaysia Airlines Flight 370, investigators have said they’re considering many options: hijacking, sabotage, terrorism or catastrophic equipment failure.

Nobody knows if the pilots are heroes who tried to save a crippled airliner or if one collaborated with hijackers or was on a suicide mission.

Whatever the outcome, the mystery has raised concerns about whether airlines and governments do enough to make sure that pilots are mentally fit to fly.

“One of the most dangerous things that can happen is the rogue captain,” said John Gadzinski, a Boeing 737 captain and aviation-safety consultant. “If you get somebody who – for whatever reason – turns cancerous and starts going on their own agenda, it can be a really bad situation.”

Mental health screenings

Malaysia Airlines said this week that its pilots take psychological tests during the hiring process.

“We will obviously look into all these and see whether we can strengthen, tighten all the various entry requirements and examinations,” CEO Ahmad Jauhari Yahya said. He did not describe the tests.

Many US airlines also perform mental health screenings when pilots and crew apply for jobs.

“The airlines have a lot of data on what a successful pilot looks like, and the mental aspect is a big part of that,” says Brad Tate, a pilot for a leading US airline. He said he’s known applicants who were rejected because of their performance on a standardised mental test.

“I have never once flown with somebody who I questioned their mental health,” Tate says.

Once a pilot is hired, however, US airlines rarely if ever test a pilot again for mental health, say several experienced pilots. According to Federal Aviation Administration rules, US pilots must pass a physical exam annually or every six months, depending on their age, but there is no specific requirement for a mental-health test.

Buried in 333 pages of instructions, the FAA tells doctors that they should “form a general impression of the emotional stability and mental state” of the pilot.

The FAA does require pilots to report any use of prescription drugs, substance abuse, arrests for drunken driving, “mental disorders of any sort” and if they have attempted suicide.

Some conditions disqualify a person from being an airline pilot, including bipolar disease, a “severe” and repeated personality disorder, and psychosis.

To a large degree, though, pilots are on the honour system. If they don’t tell their doctor or check a box on a government form that they’re depressed or suicidal, there is no certainty anyone will ever find out.

About 400 000 pilots – from the airlines to private aviation and student pilots – apply for a medical certificate each year. From 2008 through 2012, only 1.2% were rejected, according to the FAA, which did not say how many failed due to mental-health issues.

Anti-depressants ban

In 2010, the FAA lifted a 70-year-old ban on pilots taking anti-depressants. Randy Babbitt, then the FAA administrator, said one reason for dropping the ban was a belief that pilots were secretly taking the drugs but just not telling anyone.

Federal health officials estimate that nearly 10% of the adult population suffers from mood disorders, and aviation officials assume that the rate among pilots is about the same.

The FAA declined to make an official available for an interview.

Gregory Ostrom, a doctor in Elgin, Illinois, estimates that he has seen 200 pilots a month for the past 13 years and calls them “great people”. The most common mental issue he sees is obsessive-compulsive behaviour – pilots are perfectionists. But he admits that his examinations aren’t psychiatric in nature.

“Nobody sits down and says, ‘Tell me about your home life,'” he said.

Ostrom said he relies on his experience observing patients to know whether to question a pilot’s emotional state. About once every three years he is concerned enough to refer somebody to the FAA for a decision on mental fitness, and those are almost always student pilots, he said.

Even if there was a formal psychiatric review, Ostrom is not sure that it would make flying any safer. People can snap months after seeming normal during an exam.

“A person who is suicidal today may not have been for the last 10 years, but his circumstances may have changed dramatically,” he said.

Mental breakdowns in the past
Doctors who issue medical clearances must be approved by the FAA. Most are generalists, not psychiatrists, and that troubles New York attorney Jonathan Reiter.

He sued JetBlue Airways and reached a confidential settlement on behalf of 35 passengers after a pilot had a nervous breakdown in the middle of a cross-country flight in 2012. He said the pilot got his medical clearance from an osteopath in Florida.

“They hand this off to someone who’s not trained in psychiatric investigation, and there’s no requirement to conduct a psychiatric interview, even a rudimentary one,” Reiter said. “The whole vetting process is paying lip service to the issue of mental illness.”

There are about 72 000 airline pilots in the US. There have been no fatal accidents on a so-called mainline US airline since 2001, and none on a regional carrier since a Colgan Air plane hired by Continental Airlines crashed in 2009 near Buffalo, New York, killing all 49 people on the plane and one on the ground.

That crash was blamed on pilot error. The largest pilots’ union says the safety track record validates the screening system.

“You’re sitting down with a doctor twice a year, going through a series of questions related to a lot of matters,” said Lee Moak, president of the Air Line Pilots Association.

“We have the safest airspace in the world. This is another indicator that our members are healthy physically and mentally.”

It is rare for the public to hear about a pilot having a mental breakdown, but not unprecedented:

– The JetBlue pilot who left the cockpit and ran through the cabin, ranting about Jesus and al-Qaeda. Passengers tackled him, and the co-pilot made an emergency landing in Texas. The 49-year-old pilot had passed his medical exam three months earlier. He was charged with interfering with a flight crew but found not guilty due to insanity. A later psychiatric evaluation was sealed by the court.

– On a cargo flight in 1994, an off-duty FedEx pilot facing a disciplinary hearing attacked the cockpit crew with a hammer and a spear gun before being subdued.

Pilot suicide is suspected in some deadly crashes in other countries:

– A top aviation official in Mozambique said that a preliminary investigation into a November 2013 crash that killed 33 people pointed to a deliberate act by the pilot, who apparently locked the co-pilot out of the cockpit. The investigation is continuing.

– In 1999, US investigators determined that the co-pilot of an EgyptAir plane deliberately crashed into the Atlantic shortly after takeoff from New York’s John F Kennedy International Airport. All 217 people on board died.

– In 1997, SilkAir Flight 185 plunged into a river in Indonesia, killing all 104 aboard. US investigators said that the pilot probably crashed on purpose, but an Indonesian investigation was inconclusive.

– In 1982, a Japan Airlines jet plunged into Tokyo Bay while approaching Haneda Airport. The captain, who had previously been grounded for mental illness, reversed some of the engines. Twenty-four of the 174 people on board were killed.

AP