Johannesburg – The DA has lashed out at the department of public works claiming that the classification policy adopted for classifying the Nkandla report was not law.

DA parliamentary leader Lindiwe Mazibuko said the minimum information security standards (MISS) – a classification policy adopted by the post-apartheid government while it writes a new official secrets act – was not law.

Therefore, if the authors of the Nkandla report had relied on it, the classification of the report was invalid.

Security Minister Siyabonga Cwele on Monday confirmed that the findings of the probe into the R206m upgrade of President Jacob Zuma’s Nkandla homestead have been classified, but distanced himself from the decision.

Cwele’s ministry said in a statement that under the current classification regime – the MISS policy – a document could only be classified by its author.

It was long expected that the report would be handed to Parliament’s standing committee on intelligence, which meets behind closed doors.

But 10 days ago Public Works Minister Thulas Nxesi said the document had been classified secret in terms of the MISS and would not be handed to Auditor General Terence Nombembe or Public Protector Thuli Madonsela, who was investigating the upgrade at Nkandla.

Mazibuko said that in a subsequent written response to a parliamentary question Nxesi also invoked the apartheid-era Protection of Information Act – which is due to be repealed by the contested protection of state information bill.

“The bottom line remains: the report is not legally classified and Minister Nxesi is clutching at straws to find excuses for why he has not made it public,” she said.

“He must do the right thing, come clean and make the report public now.”

The cost of the upgrade has made headlines for months and been termed “clearly outrageous” by Deputy Public Works Minister Jeremy Cronin, who said a preliminary report indicated over-charging by contractors.

Classifying the report

Cwele’s spokesperson Brian Dube said the report had been classified by the task team appointed by Minister Nxesi to probe the so-called Nkandlagate controversy.

This was done by the time the findings were shown to the ministers in Cabinet’s justice, crime prevention, and security (JCPS) cluster, he said.

“They saw the report when it was tabled for their meeting and it was classified from the task team,” Dube told Sapa.

“It is factually incorrect that the minister of state security, Dr Siyabonga Cwele, has ‘classified the report top secret’ or issued an instruction to this effect…

“As the report is authored by the task team and owned by the commissioning minister of public works, the minister of state security cannot classify or de-classify it or issue instructions to this effect.”

Cwele’s denial prompted the DA to again accuse Nxesi of a cover-up. The party challenged him to release the outcome of the probe into alleged irregularities in the use of public money for improvements at Zuma’s private home in the KwaZulu-Natal hamlet.

Cwele’s office suggested that the ministers who make up the JCPS cluster had asked that the report indeed be submitted to Parliament.

“From the JCPS cluster, the intention and advice was for this report to be tabled to the relevant committee of Parliament.”

– SAPA

Nine by-elections will be held in five provinces this week, the Independent Electoral Commission (IEC) said on Monday.

Twenty-nine candidates would vie for the position of ward councillor in polls in the Eastern Cape, Free State, KwaZulu-Natal, Limpopo, and the Western Cape on Wednesday.

Four by-elections would take place in KwaZulu-Natal.

“Ward 39 in eThekwini [Durban metro] municipality will be contested by Meshack Siphiwe Khwela of the African National Congress [ANC]; Sihle Sizwe Zulu of the Congress of the People [Cope]; Bongumusa Oscar Zondo of the Inkatha Freedom Party [IFP]; and Qedusizi Qambeshilo Buthelezi of the National Freedom Party [NFP],” IEC spokesperson Kate Bapela said.

The vacancy came about after an IFP councillor resigned.

The other KwaZulu-Natal vacancies were in ward two in Duduza, ward six in Mandeni, and Ward 12, also in Mandeni.

Two by-elections would be held in Limpopo – one in the Mutale municipality and another in the Mookgopong municipality.

In the Eastern Cape and Free State, by-elections would be held in Alice and Ladybrand respectively.

One ward would be contested in George in the Western Cape, where candidates from the ANC, DA, Independent Civic Organisation of SA, and the Plaaslike Besorgde Inwoners (Concerned Local Residents) would participate.

The vacancy came about because a DA councillor resigned.

“Voting stations will be open from 07:00 to 21:00. A total of 47 735 voters are registered in the nine wards and 35 voting districts where by-elections will be taking place,” Bapela said.

– SAPA

London – Relatives of honeymoon murder victim Anni Dewani were at a London court on Monday for the start of his extradition hearing, the British Press Association reported.

Anni Dewani, 28, was shot dead in a minibus taxi on the outskirts of Cape Town in November 2010. So far three men had been jailed for her murder.

Her husband Shrien Dewani, 33, has been accused of orchestrating her killing, which he denies.

At the Westminster Magistrates’ Court her father Vinod Hindocha, sister Ami Denborg, and brother Anish Hindocha watched from the public gallery with other relatives as a five-day extradition hearing began.

Shrien Dewani was excused from attending the hearing, but his father Prakash and brother Preyen came to court.

He was being treated for post-traumatic stress disorder and depression at a hospital in Bristol. There had been fluctuations in the state of his mental health.

His lawyers previously claimed he would be a high suicide risk if extradited, and his human rights might be violated due to the risk of being violently attacked and sexually assaulted in a South African prison and potentially contracting HIV or Aids.

Dewani was ordered to return to the country in 2011, but this was successfully appealed against and judges ordered that Chief Magistrate Howard Riddle review the case.

Hugo Keith, QC, for the South African government, began proceedings by summarising the case history.

He said the appeal judges found that South African authorities offered assurances that Dewani would be kept in a single cell if he returned, and therefore would be at less risk of attack.

– SAPA

Pretoria – An alleged rapist in the “Modimolle monster” trial did not go to the police because he was afraid he would be framed, the North Gauteng High Court in Pretoria heard on Monday.

Sello Mphaka believed he would be framed for the mutilation of Johan Kotzé’s wife, Ina Bonnette, and the murder of his stepson, Conrad.

Mphaka reiterated his evidence – that he had not raped Bonnette because he could not get an erection, never saw Kotzé torturing her and had nothing to do with her son’s murder.

“The woman knows very well that I did not rape her… He [Kotzé] was there on 3 January, but I did not rape her,” he said.

According to Mphaka, Kotzé was a “good man” earlier in the day but became angry.

The court heard that Kotzé threatened to kill his co-accused when Mphaka and Pieta Mohlake refused to co-operate with his plan for them to have sex with his wife.

“It surprised and frightened me. He had a different face. I don’t know how to explain it,” said Mphaka.

Kotzé, Andries Sithole, Mohlake and Mphaka all denied guilt to charges of kidnapping, raping and attempting to murder Bonnette and murdering her 19-year-old son, in Kotzé’s Modimolle home on 3 January 2012.

During cross-examination, Mphaka testified that he and Mohlake initially wanted to go to the police, but Sithole had told them Kotzé was rich and well-known in the area, knew the police and would blame them.

“He said it had nothing to do with us. It was something between the lovers [ Kotzé and Bonnette],” he said.

Mphaka said he had an argument with Sithole, who he suspected of working with Kotzé and being aware of the plan to attack Bonnette.

Asked repeatedly why he did not go to the police, Mphaka gave a number of reasons, including that he was afraid of Kotzé and the police.

Mphaka said he went to Kotzé’s house to work and not to steal or rape. He left without any payment for the work he did and without taking anything from Kotzé’s house.

Kotzé’s advocate, Piet Greyling, questioned Mphaka about discrepancies in his evidence and accused him of fabricating his version of events.

The trial continues.

– SAPA

Johannesburg – Ailing former president Nelson Mandela is still in a critical but stable condition, the presidency said on Monday.

“We remind all South Africans to begin planning for Madiba’s birthday on the 18 July,” President Jacob Zuma said in a statement.

“We must all be able to do something good for humanity on this day, in tribute to our former president.”

Zuma thanked everyone who kept Mandela and his family in their thoughts and prayers.

– SAPA

Johannesburg – Transport Minister Ben Martin has lamented the death of 15 people in an accident in Sandfontein in North West, an official said on Monday.

“The minister sends his heartfelt and sincere condolences to the families of the deceased and wishes those injured a speedy recovery,” said spokesman Tiyani Rikhotso.

“He has called on every road user to take personal responsibility in road safety and ensure that South African roads are not turned into killing fields.”

The accident happened on Sunday afternoon on the R510 road at the Sandfontein village off-ramp.

Rikhotso said preliminary indications were that a light delivery vehicle turned into oncoming traffic and collided with a bus.

Those killed were passengers in the delivery vehicle, and 29

people injured in the crash were on the bus.

Rikhotso said Martins had urged the Road Traffic Management Corporation (RTMC) to speed up its investigation into the accident. – Sapa

London – Honeymoon murder accused Shrien Dewani’s mental health has improved and he has talked about returning to South Africa to fight a murder charge, a London court heard on Monday.

The British Press Association reported that his depression was now moderate, and not severe.

Dewani, 33, is accused of orchestrating the murder of his wife Anni, who was shot while visiting Gugulethu, Cape Town, in November 2010.

While he has denied any involvement in her murder, he faces extradition to South Africa for trial.

Opening the case for the South African government at Westminster Magistrates’ Court, Hugo Keith QC said Dewani’s post-traumatic stress disorder (PTSD), depression and risk of suicide had all improved.

The businessman, who was excused from attending the hearing, is being treated for the conditions in a mental hospital near Bristol.

“Our case is not that it would be oppressive to extradite him,” Keith said.

“We suggest that there has been significant and sustained improvement [in his depression], largely as a result of the administration of drugs, but also due to the grounding techniques and coping therapies, which he has acquired during his time at Fromeside [clinic] and more recently at Blaise View since his transfer to Blaise View [mental health hospital] in January this year.”

In April, his PTSD was found to be “considerably less” and was now moderate or severe, rather than severe.

The court heard that Dewani still had a substantial inability to concentrate and poor memory, but he no longer made active references to suicide.

“There are more positive observations about how he wishes to return to fight the case against him,” Keith said.

The South African government had offered reassurances that he would be admitted to a mental hospital if he was found to be ill.

If held in jail, he would be kept in a single cell, which would reduce the chance of him being attacked.

– SAPA

Agang SA, South Africa’s newest independent political party, confirmed that the Independent Electoral Commission has completed its party registration.

Thabo Leshilo, Agang SA’s Director of Communications said: “We are delighted to confirm the completion of the registration of Agang SA with the IEC. 

For more http://www.thenewage.co.za

Labour federation, Cosatu, will on Tuesday morning embark on a drive slow in Pretoria against the implementation of e-tolls in Gauteng.

The federations’ leadership says after the drive slow the convoy will head towards the Medi-Clinic Heart hospital where former president Nelson Mandela is currently being treated, to wish him a speedy recovery.

The drive slow will begin in Hatfield at End street, between Church and Pretoria streets.

The proposed route for the drive slow will be, N4 and proceed to N1, joining R21 towards the airport, off-ramp at Neilmapius road back to the R21 to the city of Tshwane where they will proceed to the Medi clinic-Heart hospital.

Cosatu is appealing to motorist in the Pretoria area to support their cause.

DA wants to know why the ANC-led government continues to pursue the e-tolling system despite evidence showing that the project has not been successful in other countries.

Meanwhile the Democratic Alliance wants to know why the ANC-led government continues to pursue the e-tolling system despite evidence showing that the project has not been successful in other countries, such as Portugal.

Reports say lower than expected revenue from e-tolls was recorded in Portugal.

The country’s road chief even warned that there would not be enough money for road maintenance. The DA says Portugal’s e-tolling failure is clear evidence that the system does not work.

For more http://www.sabc.co.za

Bafana Bafana head coach Gordon Igesund has welcomed the decision from the world football governing body, FIFA regarding the Brazil 2014 FIFA World Cup qualifiers in which it sanctioned the Ethiopian Football Federation (EFF) for fielding an ineligible player in their match against Botswana last month.

Igesund added that the decision gives South Africa another chance in the competition.

“We welcome the decision, which I believe was expected. It was never in doubt because rules are rules, so in our view it is a correct decision.

“The decision also gives us a second bite on the cherry; we now have to beat Botswana and hope Ethiopia loses or draws against Central African Republic. But I am very pleased with the outcome,” said Igesund.

In a statement, FIFA confirmed it has sanctioned the EFF for fielding an ineligible player in the preliminary competition match for the 2014 FIFA World Cup Brazil™ between Botswana and Ethiopia played in Lobatse on 8 June 2013. Ethiopia won the game 2-1 but the match has now been awarded to Botswana following the FIFA disciplinary committee hearing.

“The match is declared to be forfeited and awarded 3-0 in favour of Botswana, with the EFF also receiving a fine of R60 000 after the FIFA Disciplinary Committee considered the EFF liable for having breached article 55 paragraph 1 of the FIFA Disciplinary Code and article 8 of the 2014 FIFA World Cup Brazil™ Regulations,” read the statement.

“The sanction relates to the Ethiopian player Minyahile Teshome Beyene failing to serve the automatic one-match suspension imposed on him following two cautions received in two different matches (article 17 paragraph 3 of the FIFA Disciplinary Code).”

The decision by FIFA means South Africa still has a chance to proceed to the play-offs of the qualifiers if they beat Botswana in the last game and Ethiopia fails to beat the Central African Republic.

“We accept and welcome the announcement by FIFA,” said SAFA CEO Dennis Mumble.

“Regarding our issue where we also wrote to them (FIFA) about the same player featuring in our match having not served his suspension, we were not looking for three points but were just inquiring about the status of the player in the qualifiers.

“We would also like to reiterate our coach’s views that there is now much more to play for in the qualifiers as we believe we stand a good chance of proceeding to the next round of play-offs, even though it must be noted that it’s no longer in our hands. But we will go there (match against Botswana) and do the best we can, and hope for a favourable result in the other match.”

Bafana Bafana are now two points behind Group A leaders Ethiopia with one round of group stages matches remaining. South Africa will have to beat Botswana in September and hope that the Central Africa Republic (CAR) draws against or beats Ethiopia in the other match.