Is Marikana saga tears ANC apart?


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Cape Town – Tension over the National Prosecuting Authority’s (NPA’s) decision to charge 269 Marikana miners with murder is leading to a possible clash within the ANC.

 

On Saturday, ANC treasurer-general Mathews Phosa, who is believed to oppose President Jacob Zuma’s bid for a second term as party president, became the first of the ANC’s top-six officials to openly criticise the NPA’s

decision, ominously warning that it could lead to “another Marikana”.

 

At the same time, Zuma refused to release the prisoners on Sunday, as requested by their legal team. Zuma said he would not interfere in the NPA’s work.

 

Phosa’s criticism of the charges follows that of Justice Minister Jeff Radebe and ANC chief whip Mathole Motshekga.

 

The NPA’s top bosses met behind closed doors on Saturday and it was rumoured that the murder charges could be dropped as early as Monday.

 

Apartheid trick

 

All 269 miners were charged with 34 counts of murder this week under the “common purpose” doctrine, which was frequently used by the apartheid state.

 

Speaking at an ANC centenary torch handover function on Saturday in Hartswater, Northern Cape, Phosa slammed the charges as reckless.

 

“Charging some of (the miners) in the face of a commission of inquiry is contrary to the sub judice rule, reckless, incongruous and almost absurd,” he said.

 

Charging miners with murdering their own colleagues could have consequences “too ghastly to contemplate”, Phosa warned. “We don’t need another Marikana. We need cool heads to prevail,” he said.

 

Police fired at striking Lonmin workers two weeks ago, killing 34 and wounding 78.

 

Phosa said the ANC was celebrating its 100th birthday at a time when its leadership is “substantially tested by

socio-economic realities”.

 

Lost faith

 

According to Phosa, the Marikana saga posed a big question for the ANC’s leadership: “Why have the workers lost faith in the legitimate authorities?”

 

He is politically linked to a group within the ANC that wants Zuma replaced by his deputy Kgalema Motlanthe in

December, and his views could be seen as an attack on Zuma’s leadership.

 

Phosa also took a swipe at Zuma for militarising the police, saying the country had to “urgently move more and more to civilian control of the police service, as it was envisaged at Codesa”.

 

Late on Saturday, lawyers representing the 269 miners were preparing an urgent court application. 

 

Advocate Lesego Mmusi, who is part of the team, told City Press they were drafting papers to be served on Zuma and will file an urgent application with the North Gauteng High Court on Monday.

 

Zuma’s spokesperson Mac Maharaj issued a statement saying the president “cannot accede to the demand”. He said he will wait for the Farlam commission of inquiry’s recommendations.

 

Man behind the charges

 

The man who decided to charge the men with murder spoke out for the first time on Saturday.

 

Advocate Johan Smit the director of public prosecutions (DPP) in North West, told City Press a “prima facie” case existed to charge each miner with common-purpose murder.

 

But he said the NPA may consider individual prosecutions of each of the 269 accused and it might not oppose bail when the case resumes on Thursday.

 

Smit vehemently denied suggestions of a sinister motive behind the charges, adding that the NPA may change its mind depending on the investigation’s outcome.

 

“If we proceed to oppose bail, we will surely have to produce evidence linking the accused to the crime. I’m not doing anything strange here. Any other DPP would have taken the same decision,” said Smit.

 

Depending on what police uncover, the NPA’s “attitude” on opposing bail and the murder charges may change.

 

Harsh actions

 

“A lot of things can happen between now and then, but I can’t say what will happen,” said Smit, before he had a telephone conference with acting NPA head Nomgcobo Jiba about the case.

 

Jiba can review Smit’s decision and must report back to Radebe this week.

 

Radebe said the NPA’s decision had induced “a sense of shock, panic and confusion” among South Africans. He was backed by Motshekga, who said “we are all surprised and confused by the NPA’s legal strategy”.

 

Phosa’s view was backed by Congress of the People leader Mosiuoa Lekota who, in an interview with City Press, accused Zuma’s administration of the police’s harsh actions.

 

“When Mandela became president, the police force changed into a service. It remained a service throughout Thabo Mbeki’s two terms. Then Zuma comes in and tells the nation that the police should become a force,” Lekota said.

 

An ANC national executive committee (NEC) member who supports Zuma said there was growing unhappiness among NEC members about the murder charges.

 

But he slammed Phosa, saying: “If all of us (NEC members) go out and say our views it will be a disaster. We must close ranks, that’s why political organisations like us exist. I also have my own views, but I have to protect the organisation.”

 

On Saturday, Julius Malema’s Friends of the Youth League also asked for the miners’ immediate release.

http://www.citypress.co.za

Premier Modise vows to uproot corruption syndicates


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By Obakeng Maje

North West Premier Thandi Modise has vowed that her administration will pursue corruption syndicates involving politician, officials and contractors relentlessly until those who are looting state resources are behind bars and their properties repossessed.

 

Premier Modise was responding to complaints of incomplete housing, roads, sanitation and high mast lights projects for which payments were made running into hundreds of millions. These allegations were by members of the public at the Exco Public Participation Programme held at Oukasie Sports Ground outside Brits on Saturday.

 

“We have declared war against corruption and will not leave any stone unturned. The syndicate of corruption that is masquerading as leaders while they use their positions to line their pockets with resources meant to improve the lives of our people should know that we will not spare any effort until we rid our institutions of corruption. We cannot shy away from the fact that corruption hampers service delivery to our people.” the Premier assured thousands who were at the Public Participation programme.

 

Ward committee members singled out factionalism and corruption as major factors contributing towards the dysfunctional state in Madibeng Local municipality and said that these accounted for the absence of leadership of the municipality from the interactive engagement with the Premier and members of Exco.

 

Jomo Molebatsa, of Letlhabile ward 9, is one of the community members who amplified this concern to Premier Modise.

 

He said that they need high mass light that will reduce high rate of crime is his community and that they also want government to assist young people with project targeted to them to reduce unemployment amongst the youth.

 

“We have serious problem of leadership and service delivery in general, our roads are in bad condition. Many young people are struggling because there are no jobs for them,” he said also adding that government must assist them with youth empowerment project.

 

MEC for Local Government and Traditional Affairs, China Dodovu clarified that the provincial government has taken steps to appoint an administrator as part of its intervention through provision of Section 139(1) (b)of the constitution

 

MEC Dodovu expressed optimism that the process will be taken forward after the Ministerial Task Team appointed by Minister of Corporate Governance and Traditional Affairs, Richard Baloyi to investigate allegations of maladministration and corruption concludes its investigation in the next two weeks

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ANC leadership tested: Phosa


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hartswater – The ANC’s leadership was being tested by socio-economic realities, its treasurer general Mathews Phosa said on Saturday.

 

“Out of the whole Marikana saga we should be asking ourselves a simple question ‘why have the workers lost faith in the legitimate authorities?,” Phosa said in a speech prepared for delivery.

 

“Let us, as leaders, not seek the glory inherent in accentuating our differences, but rather seek the quiet triumph of building safe bridges over our differences.”

 

Phosa said despite this the party could not ignore that it was celebrating a century of achievement.

 

He was talking at the handing over the African National Congress’ centenary torch in Hartswater in the Northern Cape on Saturday.

 

Phosa said charging the mineworkers when a commission of inquiry was looking into the matter was reckless and absurd.

 

On 16 August, police opened fire on striking workers gathered on a hill near Lonmin’s Marikana mine, in North West, killing 34 of them and wounding 78.

 

A group of 270 miners were arrested and charged with public violence.

 

On Thursday, the National Prosecuting Authority (NPA) announced they would also face murder and attempted murder charges for the deaths of their colleagues.

 

Political destiny

 

The NPA’s contentious decision was questioned on Friday.

 

Justice Minister Jeff Radebe said he would seek clarity on the reasons for the move, while legal experts and political parties roundly condemned the decision.

 

Phosa said the consequences of charging the miners at this time was “too ghastly to contemplate”.

 

“We don’t need another Marikana. We need cool heads to prevail,” he said.

 

South Africa urgently needed to move towards civilian control of the police service as envisaged by the Convention for a Democratic SA.

 

Phosa said the ANC had reached its political destiny.

 

“We are in control of our present and of our future. We are in a position to shape our environment in such a way that no one can ever say that ours was a flame that burnt in vain,” he said,

 

It was the ANC’s job to keep the flame burning for its children and their children who could benefit from the party’s efforts.

 

“To do that we must utilise the power in our hands, the power of government, to change lives, and create hope, wealth and jobs,” said Phosa.

 

 

 

SAPA

 

Chiefs ready to dim Stars


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Head Coach, Stuart Baxter said that he is expecting a tough encounter this weekend when his charges take on an in form Free State Stars in their own backyard, at Charles Mopeli Stadium, QwaQwa this weekend. 

 

Kaizer Chiefs and Free State Stars are the only clubs in the Absa Premiership that have not dropped any points, occupying the first and second spot respectively. 

 

Free State Stars lost both home and away against Kaizer Chiefs during 2011/12 season with Lincoln Zvasiya scoring a dramatic winner at Soccer City Complex and Josta Dladla grabbing a winner deep in the injury time. Free State Stars were able to get the better of Chiefs in the Nedbank Cup. Fireworks are expected to fly this weekend when the two come face to face. 

 

Head Coach, Stuart Baxter was at his usual self this week going about his duties at the Village and on Thursday morning he spoke highly of Free State Stars a team coached by his former colleague at Bafana Bafana, Steve Kompela. 

 

We played against them (Free State Stars) during the preseason and I have had time to look at the DVDs of their last two games. They are quite a good team. A much organised side. They have good players and a good Technical Team. They are playing at home and it will be difficult to beat them, said Baxter. 

 

Baxter also believes that understanding Steve Komphela philosophy as a Coach will not play any part on his game plan; I do not think it is an advantage. I will have an understanding on why they tried something for instance or even their intentions but thats where it ends. 

 

Baxter was satisfied with the preparations ahead of the trip to Free State.

“Following our game against Mamelodi Sundowns we focused on recovery and general conditioning of the team. This week we have been more specific in training” he said. 

 

The team is highly motivated at this stage and we are ready for the game this coming weekend. The players understand the importance of us doing well in each and every game. We will once again approach the game against Free State Stars with a winning mentality. 

 

The breaks in between have not helped much especially when a team is in good period you want to just get on with the fixtures but it has not been the case. It will maybe bring more hunger to the players or they can respond differently. 

 

Baxter also welcomed new signing Tsepo Masilela to the team; It was one of those transfers that the team was working on before my arrival. It was always going to happen before Morgan (Gould)injury. He is a welcome addition to the squad and brings a lot of quality having played in Europe and Bafana Bafana. 

 

We want to make sure he is fit before we play him. It is important for him that he understands our style of play. I am looking forward to working with Tsepo, added upbeat Baxter. 

Radebe comment on Marikana saga


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Johannesburg – The Office of the ANC Chief Whip commended Justice Minister Jeff Radebe on Friday for asking the NPA to explain why Lonmin mineworkers had been charged with murder.

 

“The National Prosecuting Authority’s explanation to the minister will assist all of us to understand how the arrested miners should legally shoulder the sole responsibility for the tragedy that befell the Marikana community,” said the ANC Chief Whip’s spokesperson Moloto Mothapo.

 

He said the minister had the right to seek clarification on the matter on behalf of the public.

 

Police shot dead 34 striking mine workers and wounded 78 while trying to disperse them on August 16. Another 270 were arrested and charged with public violence.

 

On Thursday, the NPA said the miners would also be charged with murder and attempted murder for the deaths of their colleagues.

 

Later on Thursday, Radebe called on acting National Director of Prosecutions, advocate Nomgcobo Jiba to explain the murder charges.

 

“There is no doubt that the NPA’s decision has induced a sense of shock, panic and confusion within the members of the community and the general South African public,” he said.

 

“It is therefore incumbent upon me to seek clarity on the basis upon which such a decision is taken.”

 

The decision to charge the miners has been condemned by several organisations.

 

Shameful

 

The Council for the Advancement of the SA Constitution (Casac) said it was shocked by the NPA’s decision.

 

“Casac condemns the NPA for acting in a partisan, perverse and irrational manner in bringing charges of murder against the people arrested at Marikana,” said its spokeswoman Masutane Modjadji.

 

“We are shocked that the NPA has seen fit to make use of the notorious legal concept of ‘common purpose’ to lay these charges and thereby seek to lay the blame for the massacre at the hands of the protesting workers.”

 

The Congress of SA Trade Unions (Cosatu) said it was outraged by the decision.

 

Spokesperson Patrick Craven said it exposed the lack of proper training within the SA Police Service and the NPA for failing to find evidence and charge those responsible for the offence.

 

Law expert Pierre de Vos said the decision was “shameful”.

 

“… They have acted with fear, favour and prejudice to advance some or another political agenda, further eroding the little trust South Africans might still have left in them,” he wrote in a blog on Thursday night.

 

“It is, indeed, shameful.”

 

SAPA

Miners “murder” charges will be hard to prove


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Cape Town – Lawyers are threatening court action against President Jacob Zuma unless 270 miners, charged with murdering 34 colleagues shot dead by police, are released this weekend.

Prosecutors charged the workers on Thursday, based on a rule used by the former regime, in connection with the deaths two weeks ago at a platinum mine.

Funerals are due to be held on Saturday for many of the workers killed at the Marikana mine, outside Rustenburg, northwest of Johannesburg.

On Friday the justice minister demanded that the prosecutors explain why the arrested miners had been charged with murdering their colleagues, a move widely denounced by legal experts.

“There is no doubt that the NPA’s [National Prosecuting Authority’s] decision has induced a sense of shock, panic and confusion within the members of the community and the general South African public,” said Justice Minister Jeff Radebe.

“It is therefore incumbent upon me to seek clarity on the basis upon which such a decision is taken,” he said.

He demanded a report on the murder charges following the August 16 shootings, the worst day of police violence since 1994.

Lawyers for the arrested mineworkers went further, threatening President Zuma with court action if they are not released by 09:00 on Sunday.

Arrests illegal

“It is our view that the arrests of our clients were and remain unlawful,” they said in an open letter.

The presidency could not confirm if Zuma had received the letter.

Police claimed self-defence in the shooting, after an escalating stand-off between rival unions had already killed 10 people including two police officers during an increasingly bitter strike over pay at Lonmin’s Marikana mine.

NPA spokesperson Frank Lesenyego told the media it was normal procedure to charge those arrested during a confrontation with police when fatalities resulted.

No police officer has been charged.

But the common purpose rule, which prosecutors are apparently basing their decision on, would be hard to prove, legal experts said.

“My view is that this decision to prosecute [the miners] is premature, it’s outrageous actually,” said Stephen Tuson, an attorney at the Wits Law Clinic in Johannesburg.

Constitutional law expert Pierre De Vos said there was no basis for charges under a 1956 incitement act or the common purpose doctrine, which has its roots in British colonial law.

“Unless what we saw on our TV screens never happened or unless the NPA is hiding shocking and bizarre conspiracy theory-type evidence from us… there could be no possible valid reason,” he wrote on his blog.

Rituals held

The chief whip of the ruling African National Congress said an explanation of the police action would “assist all of us to understand how the arrested miners should legally shoulder the sole responsibility for the tragedy that befell the Marikana community and the nation”.

On Friday rituals were held for some of the dead before their bodies were taken to their home towns for burial.

A group of singing and dancing men welcomed the coffin of mine worker Mpuzeni Ngxande at the hill where he was shot dead.

A line filed past the open coffin before it was taken into his shack in the nearby informal settlement.

The Council for the Advancement of the SA Constitution condemned the national prosecutors “for acting in a partisan, perverse and irrational manner in bringing charges of murder”.

The mine remained shut after the failure of talks to end strike action.

The striking miners want a wage increase to R12 500.

Lonmin, the world’s number three platinum producer, says the workers already earn around R10 000 when bonuses and other compensation are included.

“We have no faith in the talks, they are just a distraction to make Lonmin appear as if they are doing something,” Joseph Mathunjwa, leader of the Association of Mineworkers and Construction Union, told reporters.

“There is no tangible offer that the employer has made to try and address the cause of the strike, which is the issue of the wages.”

AFP

North West Premier,Thandi Modise to visit families of bomb victims


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By Obakeng Maje

Brits- As part of her dialogue with communities for the Public Participation Programme to be held in Oukasie outside Brits today, North West Premier Thandi Modise will today pay a courtesy visit to the family of the first victim to be bombed by apartheid security forces.

Joyce Modimoeng who was married to Numsa organiser David Modimoeng died in the attack that was targed at activists that led the resistance against the force removal of residents of the township which is celebrating 100 years this year. Her husband sustained serious injuries from the shrapnels of the hand grenade that destroyed the bedroom that the couple were sleeping in at the time of the attack.

The first state of emergency ushering detention without trial for anti-apartheid activists was declared by the apartheid state led by then President PW Botha on the eve of Joyce Modimoeng’s burial. Activists arrested at the include among others Father Smangaliso Mkhatshwa, Brits Action Committee leaders including young activists.

Premier Thandi Modise and members of her entourage will proceed to Oukasie Sports Ground for the launch of Heritage and Tourism Month and interaction with the community on its concerns, grievances and advise on how government could improve service delivery.

The interaction will take place as from 9:30 am after Modise’s visit to the Modimoeng homestead where families of victims will also gather,

The Public Participation programme formerly known as Imbizo is a forum for enhancing dialogue and interaction between government and the people promotes participation of the public in the programmes to improve their lives.

Malema uses Marikana situation for resurrection:Cosatu


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Pretoria – Expelled ANCYL president Julius Malema is using death and misery in an attempt to make a comeback to mainstream politics, Congress of SA Trade Unions (Cosatu) president Sdumo Dlamini said on Friday.

 

“That boy is walking on the bodies of all the people who were killed there [at Marikana]. He is expelled, derogatory, [a] renegade loose cannon. Who is Julius Malema?”

 

Dlamini was addressing a meeting of the Police and Prisons Civil Rights Union in Pretoria.

 

“I will not stop saying this, I have said it before. It was very wrong to take advantage of any people who are weak at any time to get back into the political system of this country.

 

“Nobody will be able to repair that boy, even doctors. I am not even affected by all his insults. I have made my point and I am still making it now.”

 

Malema used a recent memorial service for the 34 Lonmin miners killed in Marikana, North West, to attack the government. On Thursday he arrived at the Ga-Rankuwa Magistrate’s Court, where 270 Lonmin workers were appearing on charges of public violence and murder.

 

In a statement, the Friends of the Youth League said Dlamini was talking “nonsense”.

 

Dlamini rubbished threats by Malema to make South African mines “ungovernable”.

 

“Such utterances tell you that there is something wrong with that man. How can you say let us make mines ungovernable when you know that thousands of people are dependant on that economy?

 

“Something has gone wrong with his head, only that no one has taken him to a [mental] institution to have him certified. Something is also wrong in the heads of the so-called Friends of the Youth who believe their fortunes will turn through such a person,” Dlamini said.

 

Describing Malema as “fired and condemned”, Dlamini said he had become the mouthpiece of people trying to propagate chaos in South Africa.

 

Self defence

 

On Thursday, Malema promised to make all mines in the country ungovernable.

 

“We are going to lead a mining revolution in this country… We will run these mines ungovernable until the boers come to the table,” he told workers at the troubled Aurora mine in Grootvlei, Springs.

 

“We want them to give you a minimum wage of R12 500. These people can afford R12 500. Mining in South Africa amounts to trillions of rands.”

 

Regarding negotiations at the troubled Lonmin mine, Dlamini said there were ongoing discussions for all parties to sign a peace agreement, probably on Tuesday.

 

“We need to sign a peace accord where everybody will commit to stability, peace and condemn violence. They [the aggrieved miners] need to leave all those sharp objects,” he said.

 

Dlamini said the policemen who opened fire on the workers on 16 August had acted in self defence.

 

“I am not even trained as a police [officer], but I can tell you that if you come to me, carrying a spear and I have a gun, I will defend myself. You would die a very foolish death if you do not defend yourself,” he said to applause.

 

“It is a crime to go around carrying a sharp object. If you want a peaceful strike, leave the dangerous weapons at home. We are not ashamed to say this.”

 

Regarding assertions by the Association of Mineworkers and Construction Union (Amcu), that it had been sidelined and therefore would not take part in the government-brokered peace accord, Dlamini said the newly-established union was lying.

 

“Yesterday they ran away [from the negotiations]. That man they call president [of Amcu] is now lying that they were locked [out]. It’s a lie, they walked out,” said Dlamini. SAPA

Experts working on smartphones Aids test


Pretoria – South African and South Korean researchers are working on making a smartphone capable of doing AIDS tests in rural parts of Africa that are the worst hit by the disease, a researcher said Friday.

The team have developed a microscope and an application that can photograph and analyse blood samples in areas far from laboratories to diagnose HIV and even measure the health of immune systems.

 

“Our idea was to obtain images and analyse images on this smartphone using applications,” said Jung Kyung Kim, a professor in biomedical engineering at Kookmin University in South Korea.

 

The gadget, called Smartscope, is a small 1mm microscope and light which clips over a smartphone’s camera.

 

A standard chip with a blood sample then slides into the gadget in front of the microscope. Next, a special phone programme photographs the sample and analyses the cells.

 

The team hopes that trials in clinics may start next year, Kim told AFP.

 

A different prototype developed in the United States takes tests in the field that need to be sent to a computer for analysis.

 

But the Smartscope will itself be able to do a CD4 cell count – a measure of white blood cells, which determines when treatment starts.

 

“Its basic function is to count those CD4 cells for diagnosis,” said Kim.

 

The new technology is destined for AIDS treatment in remote communities in South Africa and Swaziland, where clinics often don’t have the technology to do these tests effectively.

 

Almost six million South Africans are infected with HIV, while a quarter of Swazi adults carry the virus.

 

“In community health mobile technology is not a gimmick. It becomes an essential part of access,” said Professor Jannie Hugo, who heads the family medicine department at the University of Pretoria, the partner in the study.

 

SAPA

One person died during protest


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Polokwane – A protester was shot dead on Friday in a service delivery protest in Tafelkop near Groblersdal, Limpopo police said.

 

Local residents barricaded roads, stopping workers and pupils from leaving the area, Brigadier Hangwani Mulaudzi said.

 

“A taxi ferrying passengers was stopped by the protesters, who surrounded the vehicle. The driver panicked, pulled a gun and fired at the protesters, hitting one of them,” he said.

 

The driver drove off with the passengers still inside. The wounded protester was taken to hospital and died later.

 

Police were searching for the taxi driver.

 

“At the moment, the situation is still tense and police are maintaining their presence in the area.”

SAPA