Johannesburg – Public Protector Thuli Madonsela needed to be shown more respect, retired Gauteng judge president Bernard Ngoepe has said.

Disrespect for institutions created by the Constitution was impeding South Africa moving forward as a country, he said.

In a speech released to Sapa on Tuesday, Ngoepe, speaking at a law firm’s anniversary celebrations on Saturday, said South Africa needed a culture where the Constitution was respected.

“How come that, in a country like this, we undermine and disrespect, for example, decisions and the post of the Public Protector?” he said.

“We need to have a culture in terms of which we respect the Constitution and those institutions which have been created by the Constitution…”

This would help realise the dream of a true democratic South Africa, with lawyers still needed to help South Africa realise this dream.

This was as South Africa still had a long way to go to leave its painful past behind.

“If, as people say, we do have the best Constitution in the world, which I’m not so sure about if that is the case, how come that we are a nation with the worst divide between the rich and the poor?”

If South Africa had the best Constitution in the world as was often said, Ngoepe asked why was it that the executive was not held to account for the things that it did.

“Where, if the fault does not lie with the Constitution, where does it lie?

“I don’t want to sound disrespectful, they say the law is an ass, but perhaps it’s not the law which is an ass, maybe the fault lies elsewhere.”

If South Africa had the best Constitution in the world, why were there such high levels of corruption and no appropriate action taken to remedy the situation?

Ngoepe said if South Africa had the world’s best Constitution, how come “somebody could find your piece of land and put up a shack there and says: ‘Unless you offer me alternative accommodation, I am not moving’?”

If South Africa’s Constitution was indeed the best, it needed to be asked why the country had very poor health facilities, as countries poorer than South Africa were doing more with less.

“I have warned you that don’t be in a hurry to kill the lawyers, we still need them, clearly, when we have got these challenges. But of course lawyers alone cannot remedy all the illness,” he said.

“Clearly the road is too long, clearly we still need the services of lawyers for a long, long time to come.”

SAPA

Pretoria – The government has repeatedly apologised for the death of Marikana miners, the Farlam Commission of Inquiry heard on Tuesday.

Former police minister Nathi Mthethwa was cross-examined at the inquiry’s public hearings in Pretoria by Advocate Dali Mpofu for the arrested and injured miners.

“Why is it that representatives of the state, like yourself, find it difficult to apologise, to say they are sorry for the massacre?” Mpofu asked.

“You don’t think that the rules of common decency and batho pele [people first] demand from you that where responsible for the deaths, justified or unjustified, that you apologise to the people affected?”

Mthethwa said the government was looking forward to the conclusion of the Farlam inquiry to get to the facts about what transpired at Marikana.

“We are here on a fact-finding mission, when the results come out and they point to the state, I don’t think there will be anything which will make the state not to apologise when it should apologise.

“There will be no qualms from the state, if the state has to apologise.”

Mthethwa said remorse had to be shown in the matter, particularly to the people who died.

The inter-ministerial committee went to Marikana and apologised for what happened, Mthethwa said.

“Ministers apologised.”

Mpofu asked Mthethwa to repeat the apology.

Mthethwa said: “We know that it is not going to heal people immediately, but we are remorseful. It should never happen again.

“We are pained with what happened and we apologise [for] the lives that were affected by this because it was not supposed to happen.”

Mpofu said: “Well, you don’t want to give a straightforward apology. You can just say ‘we are sorry’.”

Mthethwa responded: “No, don’t be sensational. I am saying it for the second time, we apologise for what happened.”

Mpofu retorted: “No, listen here, minister, you are just a witness when you are sitting there. This is not a cabinet meeting.”

Mthethwa, now arts and culture minister, was police minister when 34 people, mostly striking Lonmin mineworkers, were shot dead in a clash with police in Marikana, near Rustenburg, North West, on 16 August 2012.

More than 70 were wounded, and another 250 arrested at the company’s platinum mining operations.

In the preceding week, 10 people, including two policemen and two security guards, were killed. The commission is investigating the 44 deaths.

SAPA

Durban – A specialist psychiatrist giving evidence in the murder trial of former Blue Bulls rugby player Joseph Phindile Ntshongwana said he was “flabbergasted” by the earlier testimony of a psychologist, the KwaZulu-Natal High Court in Durban heard on Tuesday.

Dr Bertram Brayshaw was one of the psychiatrists who assessed Ntshongwana in the wake of his arrest for allegedly committing four murders.

The victims were hacked to death with an axe, with one man’s head decapitated, while another was found hanging by a thread.

Brayshaw told the court he had read that psychologist, Professor Abubuker Gangat, called by the defence in January, had said Ntshongwana was suffering from a delusional disorder.

“I disagree a great deal with it,” Brayshaw said.

“We reserve the words delusional disorder for people a bit different, usually of an older age.

“People function pretty well, but delusions are beliefs that have no basis in fact. These people don’t usually get involved in crimes.”

He had seen more than 1 000 cases and only a very few crimes had been associated with mental illness.

None of those suspects had denied the crimes, stating they felt they were doing the right thing.

Ntshongwana in comparison said he had no recollection of the offences, which Brayshaw said he did not “find convincing”.

It was very unlikely that he had amnesia over the four months, the period in which the alleged murders took place.

It was clear Ntshongwana had a history of mental illness and according to the medication found in his bedroom after his arrest, he had not been taking his medication.

When Brayshaw assessed Ntshongwana, he did not have information about the alleged offences, but having learned about the evidence, he felt the accused probably would have known that killing people was wrong.

There was no connection between Ntshongwana’s mental state and the alleged crimes, he said.

Brayshaw said Gangat had testified that a delusional disorder never went away “and this is not so”.

Gangat had further mentioned the disorder may affect memory, with the opposite being true, as people with delusional beliefs had unusually sharp memories, Brayshaw said.

Bradshaw, who found Ntshongwana suffered from a schizo-affective disorder of the bipolar type, considered the Ntshongwana highly intelligent.

Ntshongwana has denied murdering Thembelenkosini Cebekhulu on 20 March 2011, Paulos Hlongwa two days later, Simon Ngidi the next day and an unidentified man some time that week.

He has also pleaded not guilty to two counts of attempted murder, kidnapping and raping a woman in November 2010 and assault with intent to do bodily harm.

SAPA

Cape Town – The DA on Tuesday called on government to put the country’s largest teachers’ union in its place.

“Use the courts, do whatever it takes, but make Sadtu [the SA Democratic Teachers Union] understand it does not run education in this country,” DA MP Annette Lovemore said, speaking during debate in Parliament on the education department’s R19.68bn budget.

She called on Basic Education Minister Angie Motshekga to “reclaim your management prerogative from Sadtu”.

The union, a Cosatu affiliate, has a membership of about 240 000 teachers.

Lovemore said its members should no longer be allowed to get away with ill-disciplined behaviour in the country’s schools.

“No longer should Sadtu interfere with appointments; no longer should Sadtu members refuse to sign performance agreements or undergo competency tests; no longer should Sadtu members escape accountability.”

She said Motshekga had to rise to the challenge.

“Education in the public sector is the prerogative of the government, not of Sadtu,” Lovemore said.

SAPA

Johannesburg – Lesiba Kgwele, head of communications in the office of the North West premier, has been fired following a disciplinary hearing, an official said on Tuesday.

“The investigation into the allegations of misconduct of Mr Lesiba Kgwele was initiated by his supervisor who was also the accounting officer of the office of the premier on 18 March 2013,” said acting director general in the office of the premier, Johannes Rantete.

“Mr Kgwele was charged among others with gross insubordination and failure to carry out lawful orders and routine instructions without reasonable cause.”

Kgwele was dismissed on Friday.

He was found guilty of seven out of the nine charges and the decision to dismiss him was issued by the chairperson of the disciplinary hearing, advocate Afzal Mosam, on 21 May, Rantete said.

He said Kgwele had the right to appeal.

Kgwele on Tuesday bemoaned the announcement of his dismissal calling it premature.

“My right to appeal has not at this stage been exercised and all legal processes finalised,” he said in a statement.

“Until such time that the appeal process has been finalised or I have accepted the dismissal, I remain an employee of the provincial government.”

Kgwele claimed his dismissal was part of a “much bigger orchestrated plot to purge and ultimately destroy” him.

“It is unfortunate that power has been abused, individuals manipulated and state resources used to settle a personal grudge,” he said.

Kgwele was spokesperson for former North West premier Thandi Modise during her time at the helm of the province.

SAPA

Johannesburg – A 25-year-old man was sentenced to 20 years in prison in the Tonga Regional Court on Tuesday for raping a 10-year-old girl.

Bongani Khoza was arrested on 26 June 2010, at his house in Mpumalanga after raping the girl, who is now 14.

He pleaded guilty when he appeared in court on Tuesday.

Khoza’s Legal Aid lawyer, Xolani Mahlalela, asked the court to give his client a lenient sentence.

Mahlalela said his client was an unmarried, first offender without children.

“Your Worship, please also consider that my client was never granted any bail since his arrest four years ago,” he said.

Mahlalela asked the court to consider that the victim did not have any permanent injuries.

“My client is very much sorry about what happened as he had indicated in his affidavit that he was drunk when he raped the girl, whom he grabbed from the street when he was coming from enjoying alcohol,” said Mahlalela.

SAPA

By Obakeng Maje
The Congress of South African Trade Unions in the North West, with its affiliates, will be celebrating Mandela Day jointly with the alliance by making sure that all the municipalities, traditional houses, old-age homes, orphanages, schools, hospitals and clinics are cleaned and painted.

“COSATU calls on all their members and leaders to make sure that they go out and respect our late president Madiba whose birthday we are celebrating, for the first time in his absence, with 67 minutes of community work” Cosatu provincial secretary-general Solly Phetoe said.

Phetoe said this celebration must be combined with celebrating the life of our first democratic president who made all South Africans what they are today.

The alliance secretariat met on 8th July 2014 and resolved that they must mobilise all their structures to participate in all the activities on Mandela Day with no exceptions for anyone.
Municipalities are requested to make sure that they lead by identifying areas that will need cleaning. Two of the key places where Cosatu agreed to make sure that their mobilised masses to go for cleaning is Mafikeng and Madibeng municipalities.

“We call on all our leaders of the COSATU affiliates to make sure that they participate fully and lead our members to the 67th minutes cleaning program in respect of the life of Tata Madiba” he outlines.

COSATU North West will focus on the following areas for cleaning:

•The hospital in Zeerust where the cleaning will be led by POPCRU
•Manamakgoteng old-age home, led by the NUM
•Sonop old-age home, led by NEHAWU and the COSATU Madibeng Local, jointly with the department of health and the municipality
•Letlhabile old-age home and Letlhabile disability home led jointly by COSATU and the municipality
•The cleaning of a poor family house in Tau Tsokonyane led by COSATU and the municipality.

“Our doctors from our union SAMA under COSATU in the North West calls on all doctors to actively participate in the activity of 18th July 2014 by visiting all hospitals and clinics, in particular in rural areas and spend their 67minutes at old age homes, hospices, special schools and clinics in remote areas” Phetoe said.

Doctors will be doing their normal screening, diagnosing and treating of poor old people and the disadvantaged communities. They will all be wearing their white coats and carry their necessary equipment and diagnostic tools.

The man who led South Africa to freedom is still with the masses of the poor people in spirit and must continue to respect his call to make sure that his date of birth is dedicated to the poor people of this country.

Our schools, clinics, hospitals, sports fields, municipalities, and old-age homes are not respected, due to corruption that continues, due to tenders to clean even our own offices and institutions.

“We are reminding all our members that on this day – 18th July 2014 – we must be ready to respect the old man who died for our democracy which some of us are abusing today” concludes Cosatu.-TDN
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Johannesburg – A task team set up by Agang SA founder Mamphela Ramphele has developed a survey in a bid to assess the state of the party.

The party asked people to fill in the online questionnaire “in the interest of the 52 350 people who voted for Agang” in the general elections.

Respondents had until noon on Thursday to complete and submit the survey.

Agang SA said the results of the survey would be used in the task team’s final report, which would be submitted to the reconstituted national executive committee (NEC) and Ramphele on Saturday.

One of the questions in the survey was: “How would you rate the political maturity of Agang SA’s leadership?”.

There were three possible answers – astute, average or immature.

Another question was “How do you rate Dr Mamphela Ramphele as president of Agang SA?”.

Respondents had an option of replying excellent, average or poor.

The questionnaire also asked about respondents’ feelings about the party’s communication with its members and whether people thought it was a good idea that Ramphele had not become Agang’s MP in Parliament.

The party also asked, “Do you think funders received value for their contribution to Agang SA?”.

There were nine questions in the survey.

Ramphele’s exit

Last week, Ramphele announced that she was resigning as leader of the party.

She said her exit from politics was because she wanted to return to working alongside the country’s citizens in civil society.

At the time acting spokesperson John McConnachie said Agang SA had been divided into two factions with the one side aligned with Ramphele and the other calling for her removal as party head.

The party’s two parliamentary leaders, Mike Tshisonga and Andries Tlouamma, were part of the faction who wanted Ramphele out.

The two were served notices of expulsion by the party last week. This came after their alleged involvement in plans to oust Ramphele from the party.

In June, Ramphele and Tshisonga opened separate fraud cases with police over a bank account opened to receive a refund from the Electoral Commission of SA, believed to be around R200 000.

At the time, Tlouamma announced that Tshisonga, who is also the party chairperson, would be acting president.

Tshisonga and Tlouamma were both members of Agang SA’s former NEC.

The former NEC has been replaced by a newly constituted NEC formed by a task team appointed by Ramphele after the elections.

Tshisonga and Tlouamma and the other members of their faction had rejected the legitimacy of the newly constituted NEC.

SAPA