Admin
14 Dec, 2015
Newly elected UDM national office bearers
The United Democratic Movement (UDM) is pleased to announce the new National Office Bearers that will be at the helm of the Party for the next five years. The new leadership is as follows: President: Bantu Holomisa Deputy President: Khanyisile Litchfield-Tshabalala Chairperson: Zolisa Lavisa Deputy Chairperson: Mncedisi Filtane Secretary General: Bongani Msomi Deputy Secretary General: Bongani Maqungwana National Treasury: Thandi Nontenja National Financial Planner Fundraiser: Maureen Vogel National Organiser: Bongani Phenyane National Deputy Organisers: Moyiseli Nkcinkca & James Ndlovu
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13 Dec, 2015
UDM 5th National Congress resolutions
Having met on its 5th Congress, the United Democratic Movement strives to create a South African government that responds to the socio-economic challenges confronting the nation. The UDM fifth Congress laid another brick towards building a firm foundation for the development and fine-tuning of Party policies on wide ranging issues of the nation. The Congress was extremely concerned with the rate of corruption within our country that has reached a stage of being a threat to our national security. It mandated its leader in parliament to sponsor at the National Assembly a “Bribery Bill” as part of the aggressive fight against public and private sector corruption. The UDM will lobby and mobilise for national government to revisit the tax system and tighten financial controls as part of the mechanisms to fight the illicit financial flows and its adverse impact on the economy. To compel all companies directly investing into the South African economy to have local content on ownership and preconceived obligation to reinvest certain percentage of its profits within the country. The Congress further mandated the National Executive Committee to continue lobbying other political parties, civil society organisations and the nation at large for a National Indaba on Economic Transformation in order to develop a blue print of the economic transformation path and to develop a national blue print on spatial local economic development to avoid the capital outflow in the guise of rural and local economic development initiatives. The UDM has decided to continue being part of radical campaign for a free quality education and lobby all sectors of society for the realisation of sustainable development and human dignity for all. The Congress denounced the decision to sack the Minister of Finance, Nhlanhla Nene, as irrational and not meeting up to the S1(c) demands of the national constitution. The UDM is against the deployment of ruling party cadres without skills into high position of power within the state and/or state companies. This practice not only promotes inefficiency and corruption, and is fast turning the country into a Banana Republic. The Congress resolved to radically campaign and mobilise South African society against the elite projects, like E-Tolls and Nuclear Energy Plants, intendent to fund the ruling elite friends and the confers of the ruling party. The UDM believes the falling prices of renewable energy technology makes it the only sensible option for sustainable development that is couched on the protection of our environment. Therefore the UDM aligns itself with the aggressive campaigns for Green Energy. The Congress mandated the National Executive Committee (NEC) to develop and adopt a re-branding strategy that would make the party relevant to the demands of the 21st century. This include attracting into its fold all sectors of society in particular youth, students and professionals. The Congress adopted the 2016 Local Government Elections – Manifesto whose theme is: “Put Community First – Save South Africa – Live the Dream”. It further directed all its structures branches to be part of social audits in their respective communities to ensure the monitoring and evaluation of service delivery. UDM, will create inclusive and independent ward committees that represent and account to citizens of a ward than to a party councillor. These ward committees will be responsible for coordinating development of ward based plans to be included in the municipal IDP. Consultation with communities will mean, under UDM council; that citizens of a ward will be responsible for identifying their challenges, solutions and be central in implementing their developmental plans. UDM will not give priority to its members who are councillors over the citizens of a ward and a municipality. Any UDM councillor that is alleged of corruption or any other act that is against the people will be swiftly removed. The Congress was totally against the new elite systems that contravenes poor people’s Constitutional rights to Basic services like water and electricity. It mandated the National Executive Committee to convene a National Policy Conference within eighteen (18) months from the date of the Congress. We believe in a UDM that serves the people that people serving it. This is so, because UDM firmly accept that first is the country and its citizens.
Admin
13 Dec, 2015
UDM Manifesto 2016 Municipal Elections
Message of the UDM President of the UDM, Mr Bantu Holomisa, MP Dear Voter This is our opportunity to demonstrate on a local level that there are solutions to the challenges that face us. United in our desire to create better villages, towns and cities, we can light the way and show which policies should be applied nationally. We have it within our power to affect changes that will result in genuine improvements in the lives of South Africans. There is one thing that we can all agree on: change is necessary! In this election you are not simply choosing between one political party and another. You can choose another five years of the same old discredited policies and poor service delivery, or you can choose change for the better. Some will be quick to point out that much has been done in the past 20 years to improve the political, social and economic landscape. But we look at our daily reality and know that many of these accomplishments are overstated. For instance – when the ANC government claims to have built more houses, they should admit that more people have badly-built houses. And when the ANC government claims to have provided more services, they should admit that more people are receiving bad and unreliable services. When they claim to have built more infrastructure like roads, they should admit that it is mostly just more tolls and more potholes. To add insult to injury elite projects like the E-tolls funnel our taxpayer money out of the country. When did we stop trying to be a world-class nation? To be the best? To excel? To measure ourselves not against the past but against our highest ideals? When did Apartheid become the benchmark… for us to settle for inefficiency, corruption and mediocrity because “at least it’s not Apartheid”
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12 Dec, 2015
Address by Bantu Holomisa, MP delivered at UDM 5th National Congress In Bloemfontein
Honoured guests, members, viewers at home, ladies and gentlemen, I am honoured to stand in front of you today, on behalf of the National Leadership, to report to back to you on our performance over the past five years. Chairperson, You will recall that the UDM was established at a time when the climate was not conducive to the formation of opposition parties in South Africa. As a result, we lost many comrades, such as our first Secretary General, Sifiso Nkabinde and others, through assassinations during this period. We should give ourselves a big round of applause for remaining dedicated and steadfast in the project of building a strong UDM that is a Political Home for All against overwhelming odds. We have also lost many comrades since the 2010 Congress. Included in this list, is our late Deputy President, Professor Ntopile Kganyago, among others. Fellow South Africans, We also gather here today just over two years since our struggle icon, Tata Nelson Mandela passed away. When the struggle against injustice required leaders to stand up against overwhelming odds, Madiba was at the forefront. For me, and indeed for most of us, Madiba was a beacon of hope. That history is known to all. I would therefore like to take this opportunity to request that we all stand and observe a moment of silence in honour of all these great men and women. May their Souls Rest in eternal Peace! Chairperson, We meet here today on the occasion of the UDM 5th National Congress since the UDM’s inception and after we have just celebrated 18 years of our existence. I wish to take this opportunity to thank all party structures, in particular the outgoing executive for their sterling contribution in building the UDM over the past five years. The incoming executive will have the responsibility to take thins movement, which includes the reviewing of UDM policies. I also wish to thank our staff members both at National Office and provincial levels for their professional help and support. I am pleased to inform you that in line with our Constitution, we have held our elective congresses after every five years. This means we have never failed in our commitment to make democracy work within our own organisation. This meeting of the highest decision making body of our organisation provides us an opportunity to pause and reflect on the road we have travelled. We should therefore spend the next two days doing some serious introspection and developing a clear programme of action on how to take the party forward, as proposed in our 2021 Ascendancy Profile. There are clear indications on the ground that the party is growing, as we regularly welcome new people to the party. We should go out of our way to make new members feel at home and make use of their skills and expertise in party building. The Ascendancy Profile proposes strategies on how to market ourselves and the best ways of reviving and strengthening our associate structures, such as Women, the Youth and Students. To achieve the goals and objectives of this Plan, we will need strong leadership and discipline at all levels. To facilitate deliberations on the state of the organisation, state of the nation and our manifesto for the Local Government Elections, we have included all these documents in your packs. You will recall that this Congress adopted these documents yesterday. Our Congress theme is: SAVE SOUTH AFRICA: Live the dream. We chose this theme because of the overwhelming evidence that in the ruling party government “things are falling part, and the centre cannot hold.” Economic mismanagement, corruption, crime, lawlessness and arrogance of power are the order of the day. With this theme, we are therefore saying the power to save South Africa from the ruling party’s misrule and to change the status quo is in your hands. Fellow South Africans, Yesterday marked the end of the campaign on 16 days of activism against gender-based violence. We are proud of the contribution our members have made during this campaign in helping to build communities that are safe for our women and children. We wish to reconfirm our solidarity and commitment to the elimination of violence against women and children. Colleagues, There is a phrase that has become a mantra of the ruling party: “legacy of Apartheid”. There is nobody among the thousands gathered here today, or the many more viewers at home, that cannot easily identify the scars that Apartheid has left upon our country. But when did Apartheid become a valid excuse for the failures of the current government? Surely we do not need to accept mediocrity, incompetence and corruption, simply because it is inflicted by a democratic government instead of a repressive regime. I fact, quite the opposite; we should be striving for the highest standards. We should have a government that reaches for the ideals embodied in the Constitution. Instead, we find ourselves having to cope with the ANC’s misrule, which undermines the dream of building a better life for all. Literally thousands of public protests occur every year across the country. The vast majority of these are by communities frustrated by 20 years of broken promises over basic services like water and sanitation. It is clear that more and more people are becoming disillusioned with the ruling party’s misrule. When the Youth march into the grounds of Parliament, and protest in their tens of thousands at the Union Buildings demanding free education, it is clear what they think of this government’s failures. From where we are sitting, it is clear that the ruling party lacks the political will to implement its 1994 election promise of free education. Instead, they use every means possible to brutally suppress protests by sending in the police. To make matters worse, the ruling party government prioritises elite projects such as e-tolls and trillion Rand nuclear deals over the needs of the people. This means that the already overburdened taxpayer is being asked to foot the bill for unnecessary and wasteful projects, which are laced with corruption. To say that we, as a nation, deserve better, is an understatement of the century. We need a growing economy that creates jobs in order to end poverty and restore human dignity. And yet, we are saddled with economic policy that does exactly the opposite. Our economy needs to be stimulated and nurtured, with the state playing a decisive role in order to address past imbalances and backlogs. This can be done by investing in small business development, among other things. It is important to remember that no meaningful empowerment of the people can occur without first addressing the lack of access to land for the majority citizens as well as the lack of access to capital. It is for this reason that the UDM believes that South Africa needs to convene an Economic Indaba to develop a blue print for our country’s economy. This Indaba must be similar in scale and scope to the CODESA negotiations, which resolved the basic political direction of our country. Like CODESA, it must include all the stakeholders in society, so that we can loosen the stranglehold of the ruling elite and their dubious consultants. We can no longer trust the ruling party with the running of our economy. For proof, one needs to look no further than President Zuma’s reckless and irresponsible decision to remove Minister Nene and the impact that decision has had on our economy. The danger posed to society by climate change worsens the bleak picture I have sketched above. For instance, today we are facing the worst drought in this country. While this is the state of the nation in brief, we must attend to the ways in which each of us can help to turn this situation around. We are gathered here on the eve of the local government elections. At this Congress we are also launching the UDM election manifesto under the theme: “Put Community First.” However, let me hasten to add that this manifesto serves as a guide. From here, you need to go to your localities and develop manifestos that speak to the challenges facing your communities. For us this represents one of the ways in which we can unite and steer our country back in the right direction. The forthcoming election is our opportunity to demonstrate on a local level that there are solutions to the challenges that face us. United in our desire to create better villages, towns and cities, we can light the way and show which policies should be applied nationally. We have it within our power to effect changes that will result in genuine improvements in the lives of all South Africans. There is one thing that we can all agree on: change is necessary! In this election you are not simply choosing between one political party and another. You can choose another five years of the same old discredited policies and poor service delivery, or you can choose change for the better. Some will claim much has been done in the past 20 years. But we look at reality and know that many of these accomplishments are overstated. For instance, when the ANC government claims to have built more houses, they should admit that more people have badly-built houses. And when the ANC government claims to have provided more services, they should admit that more people are receiving bad and unreliable services. When they claim to have built more infrastructure like roads, they should admit that it is mostly just more tolls and more potholes. To add insult to injury elite projects, like the E-tolls, funnel our taxpayers’ money out of the country. We should be reaching for the highest goals to give expression to the spirit of the Constitution. We must aim to build a country that unleashes its vast potential where each person irrespective of race, gender, class or geography has the opportunity and indeed, the calling! to contribute to a thriving prosperous nation. To build a nation like no other. This local government election is our chance to show that it can be done. Starting in the streets where we live, we can build something greater, something better, to improve the lives of our families and loved ones. As a voter, it is up to you to set a new agenda. You have the power to say what are the real priorities; as opposed to the elite projects such as speed trains, automated tolling, etc. which contribute nothing to your life and only enrich the politically-connected. It is time to PUT COMMUNITY FIRST by prioritising service delivery and removing the politicians and parties standing in the way of that. Once and for all we need to firmly establish the principle that our elected councillors are there to serve the community and not the other way around. All of us pay municipal rates, but in return most of us do not receive the services that are rightfully ours. We have so much work to do, the need is great. But we can do this, we can rise above the current disaster in local government. Let us vote for a party and councillors dedicated to joining hands with their communities. Let us start now, instead of waiting another 5 years. In many municipalities the potholes outnumber the streetlamps. It is up to you, as a voter, to demonstrate your unhappiness with incompetent and corrupt councillors and councils. I give you my personal assurance that if we find any UDM councillors who are failing to deliver, they will be swiftly removed. Other political parties may tolerate corrupt and incompetent councillors, but the UDM does not. I believe that the UDM, and the councillors we are fielding in these elections, provide you with champions for your cause. Our overriding purpose is to serve and PUT COMMUNITY FIRST. The UDM seeks to bring about positive change and improve the quality of life in those wards and municipalities where our councillors are elected. This manifesto introduces you to our thinking on the core principles of how local government should PUT COMMUNITY FIRST. We are eager to meet you, at rallies or within your living rooms, to explain to you, in greater detail, our values and how we intend to serve you in your municipality. Ultimately your UDM councillor is your voice in local government; a person that consults with the community to determine your needs, and then champions your cause in the council. I thank you.
Admin
03 Dec, 2015
UDEMWO pleased by SCA verdict: Oscar Pistorius
The United Democratic Movement Women’s Organisation (UDEMWO) is delighted by the new ruling of the Supreme Court of Appeal that has found Oscar Pistorius guilty of murder of Reeva Steenkamp. As UDEMWO, we welcome this verdict. The overturning of the court judgement brings hope in the justice system and to women and children that are victims of crime. We hope that the justice system will continue to deal with lawbreakers and not be lenient against them. As the case is going back to the High Court and Judge Thokozile Masipa will once again preside, we hope that it will not drag for a very long time as we feel this is a waste of taxpayers’ money.
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17 Nov, 2015
Presentation by UDM President at SCSA, Zurich
Presentation by the President of the United Democratic Movement and Member of the South African Parliament, Mr Bantu Holomisa at the SwissCham Southern Africa (SCSA) Chamber of Commerce – Zunfthaus zur Schmiden, Marktgasse, Zurich, 17 November 2015 Programme Director, The Chairman, Mr George Umbricht, Her Excellency the South African Ambassador to Switzerland, Ambassador and Mrs Staehelin Dignified Guests and participants from all corners of society, Ladies and gentlemen 1. Introduction: On South Africa entering the global village after apartheid I wish to thank the former UN Ambassador and his wife Irene, the founder of the Ubuntu Foundation, for inviting me to address you and for facilitating my trip. The topics I was asked to discuss are the role of opposition of South Africa and the economic relationship between China and Europe. I was privileged in 1993 to accompany Mr. Nelson Mandela to the United Nations to convince the world that apartheid was to be a thing of the past and therefore they should start lifting sanctions against the Republic of South Africa (RSA). Our success brought high and reasonable expectations that, amongst others, investment into the South African economy would come in droves. It however had not been as easy as we thought. Instead, some companies like Anglo American and Old Mutual pulled the plug and invested off-shore. Although it made great sense to take advantage of the diverse global economy, in particular under the conditions of globalisation, disinvestment from the South African economy negatively affected our developmental path. Politically this reality had its own challenges; it created the perception that those who invested in our economy during the apartheid years were no longer interested in investing in the new South African democracy. 2. The role and viewpoint of the UDM: “Government must do more” The United Democratic Movement’s (UDM’s) policy thrust is that: “Government must do more”. In order for government to create a conducive environment for economic growth, more has to be done, amongst others, to; • Create more friends with capital for direct investment; • Heavily invest in social capital, in particular, skills and knowledge development through a qualitative education system whilst building a healthy nation; • Invest in sector-based planning and implementation, including the creation of sector-specific banks to provide financial assistance to historically disadvantaged groups and individuals; • Provide more funding to facilitate new entrants into the local and global mainstream of productive economy, targeting those who have been locked outside of economic activism; • Develop a funding model that will make it possible for historically disadvantaged communities to participate in their own socio-economic upward mobility; and • Invest in social and economic infrastructure across the entire country and not only in certain pockets should be an over-arching work of government in creating a conducive environment for investment. In this regard, the UDM makes a clarion call to countries such as our host, Switzerland, and other developed nations – in particular those with diplomatic ties with South Africa – to join the developmental path of the RSA. We need you to provide the necessary capacitation of the would-be captains of industry and to help upgrade our technological capacity so that it is able to compete and cooperate with advanced nations. 3. The UDM on clean governance We have from the UDM’s inception in 1997 upheld the principle and practice of clean governance and we have fought relentlessly against the misuse of the public purse. Our reputation on this score is beyond question. We will continue batting on this wicket until our country is free of the scourge of corruption and, for instance, the elitist projects that do not benefit the downtrodden masses, but are designed to benefit the connected few. We firmly understand that the country and its people comes first and not the other way around. In this regard we shall, as we have always done, advocate for the supremacy of our constitution, the defense of our democracy, the separation of powers, as well as promoting the checks and balances. The UDM will also lobby for electoral reform where more power is placed with the electorate where they directly elect their public representatives. 4. The role of opposition parties in South Africa Programme Director, there seems to be a misconception in the so-called developing world that the role of opposition parties, as the name suggests, is limited to opposing everything and anything an incumbent government proposes. Contrary to this, in emerging democracies like ours, the opposition has played and should continue to play an increasingly important role in shaping policy agendas, conducting civic education and fighting corruption – singly or in alliance with other entities. In South Africa we have a vigilant opposition that works with all other institutions and constitutional bodies established to strengthen democracy. Without this vigilant opposition and the independent media, constitutional institutions like the Public Protector and the independent judicial system, our democracy would have already been weakened or have failed. The opposition has in some instances worked as a collective on specific issues and where they differ, political parties go it alone. Our multi-party democracy plays a fundamental role in ensuring that opposition parties are able to discharge their responsibilities as their existence is secured by the Bill of Rights. It is however a fact that South African opposition parties are undermined and vilified. The ruling elite continue to dig deep into the public purse and use official resources to out-compete opposition parties. They also vulgarise majority rule to mean arrogance and a careless attitude towards the people. Just recently, the State President said his political party comes first, before the country. The opposition must remain vigilant so that the country is not turned into a faction of a political party. Political parties, under these circumstances, become victims of political restrictions designed by the incumbent regime. Nevertheless, and within this context, the role of the opposition is without doubt critical and it serves a very important function. Centrally to the role of opposition is to hold those in government accountable for its commissions or omissions. It must at all times be a watchdog making sure that the government acts within the scope of the law, and pointing out failings such as corruption and nepotism, which undermine freedom and democracy. In the same vein, the opposition should present itself as a viable alternative to the incumbent government or be a government in waiting with all the mechanisms in place to take the reins of power. This cannot be over-stated because, when government lets the voters down, citizens should know that the country is in safe hands. Opposition parties should seek to structure and influence alternative international relations that foster cooperation on matters of common interests, whilst putting the nation’s national interests first. In this regard, South Africa should go back to basics and do away with a one-sided approach to international relations, which allows one side of the global community to dominate economic activities within the country. Our point of departure should be the history of our struggle and conducting an audit of the friends who invested in our democracy. This should lead to redefined partnerships for development. 5. South Africa in the global village Today, the world is dominated by the powerful economy of China. Almost all nations are establishing economic relations with this giant. South Africa, as a member of the global village, has not many options but to join other nations to trade with China, Europe and other countries. Lately, we have seen members of Brics, like India, joining South African markets. In this regard, and consistent with the realities of the day, both Europe and China have a key role to play in building the economies of developing countries, including that of South Africa. Even strong economies like the United States of America are growing trade relations with China. However, it is important that a high quality dialogue between policy makers from China and European Union takes place to overcome their institutional differences and pave the way for fruitful economic cooperation that will benefit other countries. Nations must be able to identify their interests and, based on such, be able to structure socio-economic relations that are mutually beneficial. This will mitigate possibilities of unfair dominance by either side. The global village must bring people of all nations together for a better world. I thank you.
Admin
04 Nov, 2015
Together moving the NCOP forward
ADDRESS BY LB Gaehler EC NCOP MP TOGETHER MOVING THE NCOP FORWARD AS A VANGUARD OF THE INTERESTS OF PROVINCES Hon Chairperson and Honourable Members Indeed there is more to be gained from running a cohesive and well-co-ordinated system for this house to avoid working in silo and harmful completion and costly duplication of efforts across the sphere of government. It is in this house that all spheres of government, at a legislative level, can find a concrete expression of an integrated approach towards people driven and centred development. The integration of development planning and implementation across the three spheres must be the prime are of focus of this house. Such approach will be a ensuring efficient service delivery is achieve through good working relationship between all role partners. In order to improve our capacity to discharge our work thus making this house, effective as a vanguard of the interests of the people in provinces and in municipalities, we need amongst others, to: • Improve our planning and coordination of the work of this house through a well-designed and managed programming process; • Structure our agenda in a manner that does not take long but secure and sustain qualitative and productive debates; It is a matter of nature and fact, that a human body gets a level of exhaustion after a certain time of concentration; • Spread our work evenly and where possible equal through-out the months of our work. Currently we turn to load the third and fourth term of parliament with heavy loads of work, resulting to unnecessary pressure that my compromise the ability to do quality work; • We need to devise legal mechanisms and methods of ensuring that the oversight reports we send to government departments, provincial and local governments, are attended to and reports on actions taken thereto, are presented to the house in time; • It cannot be an outing followed by a talk show and ends there, because we will be failing the constitutional purpose of this house; and • Reports and views of this house on various audit reports should be acted on by departments, provinces and municipalities, and reports on what has been done be brought back to this house. This house, should and can only be able to claim it vanguard role, when the conditions of our people are improving. To be a vanguard must primarily be about, a consistent and practical determination by all spheres of government, to effectively address the historical challenges which condemned the majority of citizens to marginalisation. We must bring back the pride of all South Africans by amongst others, ensuring that the quality of our democracy is that which is fostering and strengthening intergovernmental relations as a necessary ingredient for sustainable development. Our programme content and outlook, must envisage increased oversight work which is guided by inputs from all provinces and municipalities with regard to the needs of all citizens. At all times, ours must be about, for, with and driven by the people with government and other role player as facilitators. Thank you
Admin
04 Nov, 2015
MPs 2nd Global TB Caucus
ADDRESS BY Ms CN Majeke MP in the National Assembly Honourable Speaker and Members Tuberculosis (TB) represents a threat to both the lives and livelihoods of people in the world and no country can fight it alone. It is a global health threat. In this regard, the Global TB Caucus as well as the 2nd summit, is fully supported as an essential step to foment a truly robust and sustainable global response to this global challenge. South Africa has a high burden of disease from tuberculosis with a growing number of Multi-Drug Resistant (MDR) TB cases, which is partially due to the inadequate or incomplete treatment. Tuberculosis disproportionately affects the poor and individuals who are already immunocompromised, marginalised, living in rural areas, without adequate access to Directly Observed Therapy Short Course (DOTS) dispensing health facilities, and the poor with inadequate health infrastructure. Its social impact is enormous due to the prolonged and debilitating nature of the disease, the large incidence of TB cases and the stigma associated with it. Economically, TB, impact includes loss of income among those who are sick, as well as their caretakers, it devastates individuals and their families, and it decrease gross domestic product (GDP). It is the cause as well as a consequence of poverty. In acknowledging and welcoming the department’s National Tuberculosis Management Guidelines, 2014 as well as the TB DOTS Strategy Coordination; the following programmatic areas should be high in the execution of the guidelines and strategy: • The DOTS treatment strategy should be universally implemented and be expanded to cover the most rural areas; • Increase early diagnosis and treatment of TB to limit it spread; • Invest in health infrastructure with well-equipped facilities and proper diagnostic tools; • Strengthen the HIV prevention; Further, the Global Strategy and Targets for Tuberculosis Prevention, Care and Control (The End TB Strategy) of the World Health Organisation (WHO) should be supported, with its emphasis on: • Integrated, patient-centered care and prevention; • Bold policies and supportive systems; and • Intensified research and innovation. Other technical interventions that South Africa should consider include. • Support and create for an enabling environment including social support packages; • Development of a patient-centred care and treatment approach; • Identification and elimination of barriers to accessing TB services by those most at risk; • Engagement of leaders, representatives of key population, and both public and private health providers in encouraging and supporting early and active finding and care to enhance treatment completion. A vision of a South Africa and world free from TB is ambitious yet achievable. Thank you
Admin
27 Oct, 2015
Debate on Higher Education Transformation
Address by Mr Nqabayomzi Kwankwa, MP in the National Assembly Speaker and Honourable Members, We should all take a leaf out of the students’ book because during their protests they were able to rise above narrow sectarian interests to fight for a common cause, something which is becoming rarer and rarer in our national politics. The second lesson is that, apart from other political dynamics that were at play, the rejection of political parties during the student protests, though strategic on the one hand, pointed to a yawning disconnect between political organisations and voters, on the other. Colleagues, It is clear that we have some soul-searching to do. Coming back to the theme of today’s debate, the United Democratic Movement supports the students call for free education and the reasons are as follows: First, government has room to eliminate wasteful expenditure in its Departments, which runs into billions of Rands annually, and to reallocate the money to tertiary education. Second, government should compel universities to be transparent about their cost structures and to identify opportunities for cost cutting. Furthermore, steps should be taken to ensure that institutions of higher learning are transparent about and accountable for their use of public funds. The Auditor General must audit their books. Third, government should redirect and reallocate some of the money that is sitting with SETAS to higher education to make free education a reality, as these SETAS are increasingly becoming employment agencies for the ruling party and its cronies. Fourth, on transformation, Honourable Minister, ensuring access to higher education is only one side of a complex problem. Government should address issues of racism in the sector, of an alienating institutional culture for the majority of students, concerns about the lack of advancement of black academics and general concerns about the language of tuition. While still on the subject of transformation, Mr Minister, I wish to ask you two questions. The first question is: Of the universities that have been placed under administration, how many of the administrators are black? The second question is: How many black consultants have been used by these administrators over the years? Fifth, we propose that the Task Team that has been established to look into the provision of free university education be opened up to civil society organisations and relevant stakeholders in order to ensure that as many stakeholders as possible contribute to the process. Compatriots, The time for political blame game is over! We must now work together to put forward a comprehensive plan that will ensure that, through free university education, our children are able to escape the vicious cycle of poverty, unemployment and inequality. Thank you.
Admin
26 Oct, 2015
UDM wishes matriculants luck
Statement issued by Bongani Msomi,UDM Secretary General The United Democratic Movement (UDM) wishes the Matric class of 2015 the best of luck with their final exams that have commenced today throughout the country. These exams are crucial in determining your future through education and all of your efforts and hard work will improve your chances of making better career choices. The country has witnessed many protests that have led to the disruption of school attendance but we are confident that with your commitment, you have stayed, and continue to stay focused. As UDM, we also urge the matriculants to go out there and make the nation proud. End
Admin
23 Oct, 2015
Advancing Infrastructure Investment and Development for better Services to Communities
Hon Chairperson and Members A well targeted, strategic and access to comprehensive set of basic infrastructure services, is essential to attain social and economic goals and ensure equal opportunity for all people to participate in a country’s economy. Although numerous laws and policies intended to improve people’s quality of life and promote economic and social transformation were introduced since the dawn of democracy, such have achieved mixed successes and the people are still experiencing unemployment, poverty and inequality. The negative effects of a crumbling infrastructure are more severe in rural municipalities and communities. This is confirmed by the National Development Plan (NDP) when it diagnosed the differences between urban and rural areas with regard to access to basic infrastructure services, and their quality. Generally, urban areas are well-serviced in terms of electricity, water and sanitation, information and communication, and transport; while their rural counterparts fall significantly short in these respects. Rural infrastructure backlogs are a challenge and they also inhibit economic and social inclusion in rural areas. A proper and deliberate investment into this area, will impact significantly in addressing the triple challenges and would benefit greatly rural areas with regard to addressing poverty and inequality. In this regard, we want to propose that the house adopt a resolution on the creation of a dedicated Rural Infrastructure Development Fund. Its primary purpose is to address the inherent backlogs and bring these communities into par with their urban counterparts to an extent that is practically relevant to the rural socio economic development priorities. The current Municipal Infrastructure Grant (MIG), is limited and favours urban municipalities. Investment into rural infrastructure should inform decisions on how and where to invest towards the most deprived municipalities and citizens. Rural infrastructure funding should include or emphasise a set of investments on rural roads, water supply and sanitation, energy and telecommunications, and agricultural processing. The provision of rural infrastructure is an important agent in the reduction of poverty and exclusion, in the strengthening of social capital, and in providing conditions for improving the provision of services. Rural Infrastructure Development Fund, to be created should not only rely on public purse, but, mobilise private sector to contribute with incentives. The advantage of creating a dedicate Rural Infrastructure Development Fund will create an opportunity for more focused rural infrastructure development in a more holistic manner. Finally, Rural Infrastructure Development Funds will be designed to work with communities using a demand – responsive approach. This gives an advantage for integration across sectors while promoting a sense of ownership that contributes to sustainability. Thank you
Admin
21 Oct, 2015
Police attack against students
Statement issued by UDM President, Bantu Holomisa The brutal attack by police directed against the peacefully protesting students of the Nelson Mandela Municipality University and other Universities in the country, resembles the apartheid government’s response during the mid-1970s to the mid-1980 student uprising against Bantu Education. If one poor student loses his or her life as a result of the police actions, will not be surprised, Marikana has taught us, that even under democracy, a brutal police force is used to suppress the views of citizen. As South Africans, we must join hands and reject the suppression of the Constitution Right of the students, our children, brothers and sisters. We must show the ruling party we will not allow this country to go back to the apartheid days. The current financial crisis confronting tertiary institution and education in general, demands that government, go back to basic and reprioritise. First, the elite projects intended to benefit the ruling elite must be stopped, and redirect those funds towards Education and other important priorities like Health. Whilst these young poor souls are denied quality and affordable education, the pockets of the few ruling party and its elite are lined to benefit from the public purse through elite projects. The kids are still suffering racism, lack of institutional transformation, financial exclusion and now police brutality. How much more should they endure in the hands of a democratic government. This must come to an end.
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09 Oct, 2015
UDM reacts to SCA decision on SABC coup
Statement issued by President Bantu Holomisa, MP Statement on the Supreme Court of Appeal Judgement delivered on the 8th of October 2015 on a matter between SABC, Minister of Communication, Chief Operations Officer of the SABC and the Democratic Alliance The United Democratic Movement (UDM) welcomes the judgement delivered by the Supreme Court of Appeal (SCA) on the 8th of October 2015. This judgement vindicates what we have always understood to be the powers of the Office of the Public Protector. When everybody was shouting in Parliament about Nkandla, UDM soberly advised the President to take the report, findings and remedial actions of the Public Protector for judicial review. Yesterday’s SCA judgement has boxed the President into that corner in vindication of sober analysis and advice by the UDM. The SCA said amongst others…”an affected person” or institution aggrieved by a Public Protector’s findings could, in “appropriate circumstances” challenge it by way of review application. It further said “moreover, an individual or body affected by any finding, decision or remedial action taken by the Public Protector is not entitled to embark on a parallel investigation process to that of the Public Protector, and adopt the position that the outcome of that parallel process trumps the findings, decision or remedial actions taken by the Public Protector…” On the 20th of March 2015, I personally and as the Leader of the UDM in Parliament, penned a letter to the Speaker of the National Assembly, amongst others, highlighting to her the process that the NA was about to embark on, of referring the report of the Public Protector to the Minister of Police was flawed and that UDM shall not be part of undermining a Chapter Nine Institution and breaking the law. We were ignored. On the 6th of August 2015, during the question and answer session to the President, I asked the President: “Mr. President, The Public Protector investigated your private property, made findings and took appropriate remedial actions against you Not the cabinet nor this parliament, don’t you consider to save this House and the nation, by simply applying for a Judicial Review given that you have challenged her findings and this House cannot act as an appeal authority on a matter that DOES NOT BELONG HERE”. I see now other parties who were so keen in participating in a parallel process that seek to undermine a Chapter Nine Institution, have also came to this conclusion, and in the usual manner, act as if this has always been their stance. They can have their stolen thunder for the good of the nation. In light of all this, the UDM supports the call to establish a review board to find ways to strengthen Chapter Nine Institutions, such as the Public Protector’s Office and others. Clarification about legal powers of these institutions needs to be made if they are to play a complimentary oversight, assisting Parliament to do its work. Chapter Nine Institutions are there to help Parliament with oversight issues, and not merely act as watchdogs. Parliament needs to work in support of these institutions not to assist the axe against them.
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01 Oct, 2015
UDM calls DA to order
Statement by Nqabayomzi Kwankwa-UDM Chief Whip The United Democratic Movement (UDM) is disturbed and disappointed by the racist social media post attributed to the Democratic Alliance (DA) Honourable Dianne Kohler-Barnard. There is no other way to read and understand these reckless comments than as pure racism and an endorsement of the apartheid system. We cannot allow Honourable Kohler-Barnard to glorify and romanticize the diabolic system of apartheid. She will recall that under PW Botha’s regime black people were treated as sub-human. Her remarks seek to inculcate the notion of white supremacy, while at the same time firmly entrenching the perception of black incompetence. The fact that we have a ruling party that has decided to prioritise the looting of state resources and protecting its corrupt leaders over improving the material and socio-economic conditions of our people does not justify a call for a return to the apartheid system. We call on the DA to deal with this matter once and for all. End
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14 Sep, 2015
UDM reacts to the appointment of Mthandazo Ntlemeza as new head of the Hawks
Statement issued by Bongani Msomi – UDM Secretary General The United Democratic Movement (UDM) welcomes the appointment of Mthandazo Berning Ntlemeza as the new head of Hawks. It remains to been seen whether the statement made by the Pretoria High Court Judge, Elias Matojane, who earlier this year found him as a liar and dishonest person was untrue and baseless. We hope that Ntlemeza is not blowing his own horn and start to deliver. It is up to him to prove that what were said by the Judge were just comments as Minister Nathi Nhleko has said in defending his appointment. We also hope that this is not another cadre deployment. End
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10 Sep, 2015
Unemployed graduates
Address by Ms CN Majeke, MP in the National Assembly Hon Speaker and members According to the 2014 Statistic South Africa Quarterly Labour Force Survey 4, the unemployment rate amongst men with tertiary qualification ranged from 1.9% to 11% whilst amongst women with the same qualification ranged from 2.5% to 16.1%. Looking at Thembinkosi Phakathi, a 22 year old Public Relations graduate from the Durban University of Technology, standing at the corner of Rivonia Road and Sandton Drive, begging for nothing else but a job, so that amongst others, he can be able to pay back the NSFAS debt. On the other side of the road, the Grayston Drive, stands a 25 year old qualified electrical engineer, Tankiso Motaung, joining in what can be called “Graduate’s Street Marketing”, for no less than eight hours with a placard begging for a job. In the mist of all this painful sight, are daily media reports about many in both the public and private sector, in positions of employment, with either no qualification, or fraudulently claimed qualification. The scourge of Fake Qualifications in the labour market may outnumber the number of qualified graduates looking for employment. There is an urgent need for decisive intervention with drastic actions in defence of the poor unemployed young and old qualifying citizens, the economy of our country and indeed in order to ensure effective and efficient delivery of services to the people. Amongst others, this needs to be declared a national crisis so that urgent practical and lasting solutions can be found with speed. Lessons on these matters can be drawn from many other similar campaigns we had as a country, like the TRC, Gun Free Society as well as from countries which have dealt with similar situations. We must STOP FAKE QUALIFICATION and CREATE JOB OPPORTUNITIES FOR QUALIFIED CITIZENS. Thank you.
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07 Sep, 2015
Fight against the murder of police officers
Addres by Mr LB Gaehler EC NCOP MP in the National Council of Province Honourable Chairperson and Honourable Members In the light of the continuing increase on the number of police officers murdered, this year alone, the country needs to consider a number of interventions to respond to this matter of national concern. Amongst others, there is a need to insist that anyone becoming National Police Commissioner must have a certain amount of police operational experience. There are many of those who can be found from within the service. This should be linked with a need to have the National Police Commissioner chosen by a special majority in parliament like it is done when appointing the Inspector – General of Intelligence. There is also need to look at practical ways to make local policing forums more representative of the people with added capacity in order for them to play a more practical role in assisting the work of the police in the safety of all citizens. This challenge of police killings, demands that the leaders of the police double their work in improving the overall management of the use of force by police officers. Simply threatening harsh sanctions against police murderers, and encouraging police to focus on using more force in their interaction with criminal suspects, is unlikely to improve officer safety. It will play into systematic police brutality, which will cause civilians to become fearful and less cooperative with the police. Police leadership needs urgently to start focusing on improving the strategic, management and internal accountability capacity that will support professional policing. Police members need to be prepared to be better able to confront dangerous criminals and defend themselves and citizens using lethal force. They need the necessary skills and confidence to handle the complexities they confront in the daily engagement with the public while enforcing the law against all criminals. There is also an urgent need to improve the public trust in police by amongst others, decrease police corruption and brutality. Communities must be mobilised to start respecting and supporting police officers as public servants who are well trained to behave according to much higher standard than civilians. Professional police officers must be encouraged and be skilled to avoid using force in their interaction with members of the public unless and only when it is necessary. South Africa wants a police force that can be trusted because its leaders are beyond reproach and its members are widely recognised as professional, respectful and accountable to the needs of the communities they serve. UDM says STOP POLICE KILLINGS NOW – A POLICE IS YOUR BROTHER AND SISTER TOO!! Thank you
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20 Aug, 2015
UDM wins Ward 30 in the Nelson Mandela Metro
The United Democratic Movement (UDM) is pleased to win Ward 30 in the Nelson Mandela Metro By-Elections that were conducted yesterday. This is a big achievement for us as a Party and it shows that UDM is growing. We would like to congratulate Councillor Mandla Faltein for his undying hard work. Well done to him for all the effort. Faltein grew up within the Party and he knows the philosophy of the Organisation of putting people first. He is the conveyor belt between the members of the community and municipality. We would also like to thank the community that has helped in this victorious win. We also thank the team that has worked tirelessly in making sure we get this victorious achievement. Your hard work and dedication does not go unnoticed. If it was not for the community members, we would have not made it. As the UDM we would like to pledge to the voters that they will never be alienated by the Party. End
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18 Aug, 2015
“Does South Africa Need Electoral Reform?” – Daily Dispatch Dialogue
Daily Dispatch Dialogue on – 18 August 2015, Guild Theater, East London at 18h40. TOPIC: “Does South Africa Need Electoral Reform.” By Mr Bantu Holomisa, President of the United Democratic Movement and Member of Parliament. Programme Director, Fellow Panellists and Participants, good evening. Let me from the onset, acknowledge and welcome the great and timely contribution by Mama Bam on one of the most important matter of national interest. Indeed Electoral Systems do play a significant role in the creation of a truly democratic society. Her book, “Democracy, More than Just Elections” not only provides an insight into various dimensions of her wealth of knowledge and wisdom on the workings of democracy – it also re-affirms and reinforce a clarion call that has reverberated our national discourse as far back as 2000. In this regard, we support her well-considered view that, South Africa does need an electoral regime that will encourage greater responsibility and accountability from citizens and political leaders. We hope that her voice, as it adds to others will mobilise citizens and political leader into action. In your book you said, “We all know that cynicism about politicians and their parties exists everywhere in the world, but it is more pronounced where there is no structural connection between politicians and voters. We are now a maturing democracy and should consider changing our electoral system which ushered in our heart-earned democracy. We are more self – confident, self – assured and more responsible for our own lives than to relegate our right to choose the leader of our country to card carrying members of the parties. It is time to review our electoral reform system”. Sisi Hlophe, I could not agree more with your well thought observation. Indeed Section 43 (3) of the South African Constitution states that, “the National Assembly is elected to represent the people to ensure government by the people through the Constitution”. I strongly believe that, 21 years into democracy, the participatory deliberative model of democracy should be central in the enrichment and strengthening of democratic citizenship. Political accountability is at the heart of fully-functioning democracy. The current proportional representation (PR) system means that elected leaders are accountable solely to their party bosses and not to the people who voted them into office. In addition the current practice where political parties impose their choice of president on the nation is profoundly undemocratic. Through the current system, electorate mandates a political party to govern based on its policies and manifesto. However, we have noticed that the ruling party is held at ransom from implementing its mandate because some of their allies who have not been mandated by the electorate seem to have veto powers in particular with regard to Economic Policies. This dilemma makes governance ineffective, compromise confidence of investors, jobs shading, increasing levels of poverty and result to instability. Once such situation exists, opportunistic leaders take advantage and do things that have nothing to do with the electorate’s mandate but their own interests, like the current disputed procurement of nuclear energy and many other questionable transactions such as Arm’s Deal. To make things worse these leaders become intransigent and use these MP’s who have no constituencies as voting cattle to rubber stamp their nefarious objectives. The UDM notes that a great deal of inputs from diverse and often conflicting social, economic, political, linguist and cultural communities as well as interests groups informed the decisions which were made and ultimately culminated in the Constitution we have today that has become an international benchmark. Any discussion on a new electoral system must always remind us where we come from. We should move towards a mixed electoral system that draws from the strengths of both the proportional and constituency based electoral systems. The first major step we need to take is the introduction of constituencies into the PR system to ensure that politicians have a specific geographically-defined community they represent. We also need to change the electoral laws to allow for a separately elected President, as is the case in many democracies across the globe in that way we will put the power back in the hands of the voters. However, it is important that any electoral reform process culminates in as widely inclusive manner as possible. We would do well to follow the example of many countries such as New Zealand, Ireland etc, who confirmed electoral reforms by holding referendums. In this way, every voter is consulted directly. The current electoral system risks the checks and balances that are a necessity in ensuring that the Constitutional dictates are adhered to at all material times. The research conducted by Community Agency for Social Enquiry (CASE) and release in April 2014, has made serious findings that may question the legitimacy of the election processes. Amongst others, it has found that the electorate is a subject of political intimidation through, amongst others: · Manipulation of people using misinformation and threats regarding pensions and grants; · Interfering with access to meeting facilities; · The disruption of meetings; · Assaults and threats of physical harm; and · Punishing people who associate with rival political parties through the denial of jobs, contracts, services and development opportunities. In addition, the research report concludes that, voters and electoral processes are manipulated and opposition parties are undermined through: · Fraudulent voter registration; and · The targeted use of government resources to promote parties immediately prior to elections. When last for instance did you see trucks distributing food parcels to the needy, but come elections next year you will see them often, to hood-wink the voters. The other body that causes a lot of confusion is the Demarcation Board whose mandate to draw boundaries is always done to favour the ruling party. Citizens in the meantime are also demobilised into non active and disorganised individuals, whose collective voices are only heard when they take to the streets to demand service. There is no deliberate direct involvement of the people in running their own affairs, taking charge of their own lives and freedom, with government and other development agencies as facilitators. To make things worse, some civil society organs like, unions who were supposed to be at the centre of mobilising communities into activism, are core governing with the ruling elite. During elections, some of their members become part of the IEC machinery. If you take a case of a POPCRU member who is supposed to intervene in the disruption of a political party’s elections meeting; where the ruling party is involved, such a member would certainly be compromised from discharging his or her Constitutional obligation without fair or favour. His or her ascendance to the next higher position at work, is intrinsically depended on the deployment committee of the ruling party. No member of a Cosatu affiliated union will be able to carry-out his or her work fairly and without bias and yet some of the SADTU members are presiding over voting stations and take serious decisions that influences the outcome of any election. Ballot boxes are transported from one point to the other; either by the members of POPCRU and or the Intelligence officers whose loyalty is not in doubt. The South African Electoral Commission is chosen by the ruling party using its majority in Parliament, the recent appointment is a case in point, where all other parties objected but the ruling party forced it through our throats at the expense of reasoning. These appointments cascade down to Municipal Electoral Officers (MEO) who in many if not all instances are; a municipal senior officials whose appointments to those municipalities are determined by party bosses through deployment policy. As if these and other are not enough, the companies contracted to capture IEC data are secrete, not only to the electorate but also to the political parties who participate in the elections. Whilst electoral systems in themselves do not secure deliberative participation and direct accountability to citizens, putting a face to a representation, and placing political accountability to communities through the election of identifiable individuals who are accessible between elections, would benefit South African democracy. Finally, these reforms should go beyond the system itself, but such other matters as the party-political funding and the rules and regulations needed to ensure sound, ethical party fund-raising. I thank you.
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12 Aug, 2015
UDM condolences to the Orange Farm fire victims
Statement issued by Bongani Msomi: UDM Secretary General The United Democratic Movement (UDM) would like to convey a message of condolence to the family of 5 children who lost their lives during a shack fire in Orange Farm, Johannesburg. This is such a tragic and it could have been avoided if the ANC led government had fulfilled its promise of eradicating shack building throughout the country by the year 2014 which has come and passed. 8 years ago, ANC made a promise to the nation that by the year 2014 shacks all over the country will be history. As UDM we feel that the ANC must be held accountable for all the lives that are lost in shack fires. ANC must answer to the nation as to what happened to the promise of getting rid of shacks in the country. The ruling party must begin to take seriousness in the plight of citizens of this country and stop making promises they cannot fulfil because this has led to the influx of people moving in to shacks with the hope that they will secure RDP houses as promise and it turned out to be all false hence the congestion we are experiencing. End
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07 Aug, 2015
Submission of the Opposition Parties to the Ad Hoc Committee on Nkandla: ANC rejected it
THE AD-HOC COMMITTEE ON THE REPORT OF THE MINISTER OF POLICE TO PARLIAMENT ON THE SECURITY UPGRADES AT THE NKANDLA PRIVATE RESIDENCE OF THE PRESIDENT A. STRUCTURE OF THE REPORT 1. This report is in two parts. The first part addresses itself to the legality and constitutionality of the process that has culminated in the appointment of the Ad Hoc Committee. The second part, to the extent that it is relevant, addresses the content of the Report that is ostensibly the subject matter of the Ad Hoc Committee’s enquiry, with added observations and a recommendation. B. PART I 2. In the course of March 2014, the Public Protector delivered a report entitled Secure in Comfort: Report on an investigation into allegations of impropriety and unethical conduct relating to the installation and implementation of security measures by the Department of Public Works at and in respect of the private residence of President Jacob Zuma at Nkandla in the KwaZulu-Natal province (Report No 25 of 2013/14). This report made certain observations, findings and recommendations. It also ordered certain remedial action to occur. The most significant remedial action for current purposes are contained in section 11.1 of the Report, as follows: 11. REMEDIAL ACTION Remedial action to be taken in terms of section 182(1)(c) of the constitution is the following: 11.1 The President is to: 11.1.1 Take steps, with the assistance of the National Treasury and the SAPS, to determine the reasonable cost of the measures implemented by the DPW at his private residence that do not relate to security, and which include Visitors’ Centre, the amphitheatre, the cattle kraal and chicken run, the swimming pool. 11.1.2 Pay a reasonable percentage of the costs as determined with the assistance of National Treasury, also considering the DPW apportionment document. 11.1.3 Reprimand the Ministers involved for the appalling manner in which the Nkandla Project was handled and state funds were abused. 11.1.4 Report to the National Assembly on his comments and actions on this report within 14 days. (our emphasis) 3. In her findings, the Public Protector established that there were many features of the upgrades that did not constitute legitimate security upgrades and/or that the extent of the security upgrades were far more elaborate (and expensive) than those recommended by the Security Evaluation Report of the South African Police Service (SAPS). These variations formed part of a document prepared by the Department of Public Works (DPW) that indicated the apportionment of the estimated costs between the DPW and the President (see sections 6.72 and 7.27 of the Report). The words “which include”, in section 11.1.1 of the Report, clearly indicates that there were other features of the upgrades, apart from the Visitors’ Centre, the amphitheatre, the cattle kraal, chicken run and the swimming pool, for which the President was responsible. Also, according to the Public Protector, even the President himself indicated that he knew that he was responsible for some of the costs of relocating the cattle kraal (see section 6.63.2). The Public Protector, in section 9.2.18 of her Report, states – The excessive nature in which the Nkandla Project was implemented went a long way to beautify the President’s private residence and to add comfort to its infrastructure, which was not the objective of security measures that had to be implemented for his protection. 4. In any event, the following steps were taken by the President in reaction to the remedial action ordered by the Public Protector. He addressed a letter to the Speaker of the National Assembly on 2 April 2014 (which was within the 14 days specified by the Public Protector). In this letter, the President referred to the investigations that had been undertaken by the “multi-disciplinary Task Team” and the Public Protector. He observed that, despite the fact that both investigations had “enquired into substantively the same subject matter”, “there are stark differences both in respect of the findings as well as the remedial action proposed (sic) in the two reports.” He then stated that during December 2013 he had issued a proclamation in “the course of December 2013” instructing the Special Investigating Unit (SIU) “to enquire into and investigate the security upgrades at Nkandla.” He concluded by stating that he was “intent on giving full and proper consideration to all these matters and upon receipt of the SIU report will provide Parliament with a further final report on the decisive executive interventions which I consider would be appropriate.” 5. The Final Report of the SIU is dated 20 August 2014. Even before this, the President submitted a Report to the Speaker of the National Assembly regarding the security upgrades at the Nkandla Private Residence of His Excellency President Jacob G Zuma, dated 14 August 2014. This is a 20 page report, much of which is irrelevant for current purposes. However, at page 14 and following, the President deals with the remedial action “Proposed” (sic) by the Public Protector (para 51). He then seeks to evaluate the report of the SIU, and to compare and contrast the two reports. The President’s analysis concludes – 61. A proper appraisal of the commissioning of the security upgrades and expenditure at Nkandla must of necessity include an examination of the conduct of the Executive as measured against the Constitution and the prescripts set out in paragraph 6 above. 62. This examination and intervention has not awaited the compilation of this report and, as government, measures have already been adopted to ensure compliance with the legislative framework and the review and determination of best practices. 63. What appears apparent (sic) is that whilst a legislative framework exists, it was either deficient in certain respects, or wholly ignored or miss-applied (sic). The President then states – 64. I deem the following to be appropriate: 63.1(sic) the Minister of Police as the implementing Minister under the National Key Points Act, to expedite the review of this legislation which is currently under way and to report to Cabinet periodically of the progress in this regard; 63.2(sic) the Minister of Police as the designated Minister under the National Key Points Act, to report to Cabinet on a determination to whether the President is liable for any contribution in respect of the security upgrades having regard to the legislation, past practices, culture and findings contained in the respective reports; 63.3(sic)….63.5 (sic)………… 65. I am satisfied with the progress reported by the SIU and that the interventions both proposed and actualized in terms of our civil and criminal law, as well as departmental procedures, speak to the seriousness of their findings and in accordance with the terms of reference set out in the proclamation. 66. I am equally satisfied that adequate steps have been taken by parliament and the executive in reviewing the ethical codes applicable to members of cabinet and of parliament. 6.1 In our view, the President’s report, and particularly what appears in it as paragraph 63.2 was irrational, unconstitutional and unlawful. The Public Protector is a Chapter Nine institution, and the Constitution, in section 181(3), requires that – Other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions. 6.2 The President is an organ of state and is bound by the Constitution (and indeed, his oath of office) to at very least assist the Public Protector. As is evident from Part G of the Public Protector’s report (pp 269 to 283), the President’s assistance to the Public Protector was grudging and incomplete. 6.3 More problematically, section 182(1) of the Constitution reads – The Public Protector has the power, as regulated by national legislation – (a)…. (b)…. (c) to take appropriate remedial action. 6.4 The force and effect of remedial action ordered by the Public Protector has been the subject of litigation in the case of Democratic Alliance v the SABC and others (case number 12497/2014) before the Western Cape High Court. Although leave has been granted to the Supreme Court of Appeal, the current law exists as stated by Schippers J: “a finding of the Public Protector is not binding on persons and organs of state”. This was, for example, the convenient conclusion to which the Ad Hoc Committee’s Report dated 11 November 2014 came, at paragraph 3.3. 6.5 However that was not all the judgment stated. In paragraph 59 and following, the Judge states – [59] However, the fact that the findings of and remedial action taken by the Public Protector are not binding decisions does not mean that these findings and remedial actions are mere recommendations, which an organ of state may accept or reject. [60] The respondents accept – as they must – that an organ of state cannot ignore the findings and remedial action of the Public Protector. That much is clear from s 181(3) of the Constitution which provides that other organs of state, through legislative and other measures, must assist and protect the Chapter 9 institutions, to ensure their independence, impartiality, dignity and effectiveness. 6.6 Schippers J goes on in paragraph 63 as follows: [63] The respondents, in effect, have rejected the Public Protector’s findings and remedial action, by not convening a disciplinary enquiry and appointing Motsoeneng permanently as COO. Disregarding findings and remedial action subverts the Public Protector’s powers under s 182 of the Constitution. The powers of the Public Protector to investigate any conduct in the public administration and to take appropriate remedial action, strengthens democracy by providing both the individual and the wider society with the assurance that the various institutions of state can be called to account, should they fail to maintain expected standards in carrying out their functions or in their dealings with the public. In turn, the bond of trust between the citizen and the state is strengthened by promoting transparency in government and other state institutions. [64] The critical role which the Public Protector fulfils cannot be over-emphasised. As was said in Mail & Guardian: “The office of the Public Protector is an important institution. It provides what will often be a last defence against bureaucratic oppression, and against corruption and malfeasance in public office that are capable of insidiously destroying the nation. If that institution falters, or finds itself undermined, the nation loses an indispensable constitutional guarantee.” 6.7 Schippers J then deals with the powers of the Public Protector – 66] It seems to me that before rejecting the findings or remedial action of the Public Protector, the relevant organ of state must have cogent reasons for doing so, that is for reasons other than merely a preference for its own view…. 6.8 Justice Schippers then concludes as follows – [72] thus in a case where the Public Protector makes findings and takes remedial action, the consequential steps to be taken by the relevant organ of state, in my view, are these: (a) The organ of state must properly consider the findings and remedial action. As the findings are not binding and enforceable, the organ of state must decide whether or not the findings should be accepted and the remedial action implemented. That is the purpose of the power. (b) The process by which that decision is made and the decision itself, must be rational, having regard to the underlying purpose of the Public Protector – to ensure that government officials carry out their tasks effectively, fairly and without corruption or prejudice. (c) In a case where a dispute arises because the organ of state decides not to accept the findings or implement the remedial action, it obviously has to engage the Public Protector. Contrary to the contention by counsel for the first to third respondents, such engagement, in my view, does not take place pursuant to the provisions of s 41 of the Constitution – the Public Protector is not an organ of state within a sphere of government as contemplated in s 41(1). (It is thus hardly surprising that the Intergovernmental Framework Act 13 of 2005 does not apply to the Public Protector.) (d) Ultimately the relevant organ of state may apply for judicial review of the Public Protector’s investigation and report. [73] It goes without saying that a decision by an organ of state rejecting the findings and remedial action of the Public Protector is itself, capable of judicial review on conventional public law grounds. [74] For these reasons, I have come to the conclusion that the findings of the Public Protector are not binding and enforceable. However, when an organ of state rejects those findings or the remedial action, that decision itself must not be irrational. 6.9 The question that needs to be answered is whether the President, in dealing with the findings and remedial action ordered by the Public Protector, conformed with the exposition of the law in the SABC case. Our contention is that he did not, for the following reasons: 6.9.1 He did not conform with the remedial action of the Public Protector. He did not, and has not taken steps to determine the reasonable costs of those measures that do not relate to security, with the assistance of the SAPS and the National Treasury; 6.9.2 He has not expressly stated that he does not accept the Public Protector’s findings. Instead he has substituted a different remedy – that of requiring the Minister of Police to determine not only his portion of the costs, but whether he is liable at all. In other words, the President has substituted another remedial action for that ordered by the Public Protector; 6.9.3 In neither his report to Parliament nor his response to the Public Protector, has the President advanced rational reasons why he does not agree with the findings made up, and remedial action ordered, by the Public Protector; and 6.9.4 He has not engaged meaningfully with the Public Protector. His interaction with her, after she sent him her preliminary report, appears to be confined to a single exchange of letters on 21 August 2014, from the Public Protector, and 11 September 2014, by the President. In the latter, the President “respectfully” disagreed with the Public Protector’s contention that remedial action could only be set aside by a review application and reiterated that “I consider the Minister of Police to be the appropriate functionary for the purpose (of determining liability for payments) and reasons tendered in my report to the National Assembly.”; and 6.9.5 The President has not taken the findings and remedial action on review. 6.10 On 19 August 2014, the National Assembly resolved to establish an Ad Hoc Committee to consider the report of the President and to make recommendations where necessary. After some discussion, the mandate of the Committee was expressly extended to the Reports of the Public Protector, the Joint Standing Committee on Intelligence, the Inter-Ministerial Task Team, and the Special Investigating Unit. 6.11 The Opposition Parties participated in this Ad Hoc Committee with the purpose of trying to ensure that effect was given to the remedial action ordered by the Public Protector, and if not, that the President be required to give evidence as to why he had chosen to substitute the remedial action with another course of action. When it became clear that the majority party was not amenable to such a course of action, the opposition parties discontinued their participation in the Committee. 7.1 There is a further fatal flaw in this process. In his Report to Parliament dated 14 August 2014, at paragraph 63.2 (sic), the President deemed it “appropriate” to direct – The Minister of Police as the designated Minister under the National Key Points Act, to report to Cabinet on a determination to whether the President is liable for any contribution in respect of the security upgrades having regard to the legislation, past practices, culture and findings contained in the respective reports. 7.2 The Minister of Police is appointed to the Cabinet by the President, and serves on the Cabinet at the President’s pleasure. This inevitably caused a conflict of interest, and made it impossible for the Minister of Police to give an honest and dispassionate assessment. In fact, by assuming this responsibility, the Minister of Police potentially violated section 96(2)(b) of the Constitution, which reads as follows – Members of the Cabinet and Deputy Ministers may not – (a)……. (b) act in a way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and their private interests; or (c)……. 7.3 It is contended that, as a result of his conflicted position, the Minister inevitably produced a report that failed to rigorously address itself to his mandate. The Report unsurprisingly and inevitably exonerated the President from any liability to repay any money. Indeed, the Report suggests that still further money needs to be expended to secure the President’s private residence. 8. The current Ad Hoc Committee has been appointed to consider this Report. C. PART II 9. The current Ad Hoc Committee has been established to consider the Report by the Minister of Police to Parliament on Security Upgrades at the Nkandla Private Residence of the President. This report is dated 25 March 2015, but was only released on 28 May 2015. We contend that the Ad Hoc Committee should reject this Report in its entirety, for the following reasons: 9.1 First, because it is unconstitutional and irrational, for the reasons articulated above. It assumes a status equivalent to that of the Public Protector, which is a Chapter 9 institution. 9.2 Secondly, because the Report is amateurish, facile and superficial. It is poorly drafted, riddled with grammatical, spelling and typographical errors and is, in places, factually inaccurate. Embarrassingly, it relies on “desktop research” that would not pass muster for an average high school assignment, far less a report to Parliament. Even the quote from Wikipedia (in the first instance hardly the most authoritative source), in paragraph 6.5.1 on page 33, is not even transcribed correctly. (…to sit comfortable…) For other substantiation, the report relies on “experts” and “consultancies” not all of whom are named, and whose submissions were not immediately available to the committee. It is accordingly difficult not simply to reject the report out of hand. 9.3 Thirdly, because in terms of its methodology, the Report cherry-picks “evidence” from “experts” and from reports that substantiate what was clearly an already determined conclusion. Much of the “expert evidence” relies on vague generalisations. We do not know the qualifications and expertise of these “experts”, what advice they gave, whether that advice was correctly recorded, or whether that advice was quoted in context. 9.3.1 The Report disregards inconvenient evidence, adduced by other experts and other reports, to the contrary. Thus, for example, the Public Protector’s Report contained 13 findings and ordered 30 remedial action steps. Yet the Public Protector’s Report is quoted only twice in the Police Minister’s Report. In addition, the Police Minister’s Report directly contradicts the findings and remedial action of the Public Protector, without in any way advancing rational reasons for doing so. Likewise, the Report approvingly quotes some of the SIU findings, but disregards others that do not suit the narrative. It is worth noting that, unlike the Public Protector, the SIU did rely on the advice of “experts” in arriving at its conclusions (see para 4 p 129 of the SIU report). 9.3.2 The most egregious of the inconvenient evidence ignored by the Police Minister’s report is that the President benefitted personally, through improvements to his private residence, from the security upgrades. The Public Protector found this to be the case as a matter of fact, and by way of remedial action, ordered him to determine the reasonable cost of these improvements, with the assistance of the SAPS and the National Treasury, and to repay that amount. 9.3.3 The SIU is more circumspect but no less definite. Adv Soni makes the following observations: · “Certain items identifies by Makhanya for the private upgrades were also reflected in the SAPS May (2009) assessment reports.” (para 22, p 71);“The ‘Preliminary Cost Estimate No 2’ (of 24 August 2009), which was attached to the progress report, noted that the estimated cost of the project had increased to R109 208 760 for the public process. It reflected an amount of R22 836 026 for private works.” (para 43, p 79; see also para 153, p 122);“He (Khanyile) told them that the President had requested that the same private professional team whom he had appointed to effect the private improvements at Nkandla be used to effect the security upgrades at Nkandla.” (para 50, p 81);“The minutes of the meeting held on 30 November 2010 reflect that Deputy Minister Bogopane-Zulu requested Khanyile to confirm the order for the supply of the air conditioners by 30 December 2010 and further requested that a follow-up be made on the order for the air conditioners as she required the air conditioning units to be on site by 1 December 2010.” (para 94, p 99: the SIU found that the air conditioners were not part of the security upgrades ordered by the SAPS – see Table 2 on p 133);“Second, increases in the cost of among other things the following: shaded parking for VIPs and the swimming pool; and landscaping and storm water control.” (para 154, p 122: the SIU found that shaded parking for VIPs, the swimming pool and landscaping were not part of the security upgrades ordered by the SAPS – see Table 2 on p 133);“First, this estimate (of 16 August 2010) was the first in which there was no breakdown between the public works and the private works. This new format, in which there was no breakdown between public and private, persisted until January 2011.” (para 159, p 123-4);“It was noted above that the estimates from 28 August 2009 to 8 December 2010 did not include the costs of the private works…At a meeting held during December 2010 between Paisley and Rindel, Paisley insisted that Rindel and his team show what the private costs were…From this point on, the private costs were again included in the cost estimates prepared by R&G. Paisley told the SIU that after she had queried the exorbitant cost and had insisted on a separate allocation of costs between private and public, she was removed from the project and had no further role to play.” (para 163, p 125);In paragraphs 166, 167 and 168, on page 126, the estimates of the private costs range between R2 965 838.55 and R10 752 770.66.;“However, by June 2010, when the SAPS finalised its report after its final assessment, the security requirements had been fully and finally determined.” And “Upgrading beyond what had been determined as a requirement would constitute a violation of section 33(1) of the Constitution, which requires organs of State to act lawfully and reasonably.” (paras 1 and 2, p 127);Table 2 on page 133 specifies upgrades that were supplied that were beyond what had been determined as a security requirement by the SAPS. In relation to the President’s homestead alone, these included “tunnels linking the houses to the bunker which includes three lifts and an exit tunnel”; “visitors’ lounge: a 116 square metre building Control room: a 114 square metre building”; “VIP Parking: 171.52 square metres structure with motorised garage doors and parking for 9 vehicles”; “Fire pool: a 175kl pool, with an area of 97 square metres and a depth of 1.8 metres”; “Four households relocated and partial restructure of a house outside the residential complex”; “Six roads constructed”; “Air conditioning in each of the houses”; “Landscaping to enhance beauty of inner high security area” and “Sewer pump house, sewer plant and water reservoir constructed.” ;“She (Bogopane-Zulu) had been involved in the provisioning of the fire pool. She said the possibility of building a fire pool and the possible building of a swimming pool for use by surrounding communities had been discussed and cost estimates were to be prepared. She had however that the cost estimates include an apportionment of costs between the State and the President. She did not discuss the fire pool with the President as no options or cost apportionments were presented to her.” (para 98, p 177);Table 3 on page 215 repeats the SIU’s finding of those upgrades that were not specified as security requirements in the SAPS security assessment. 9.3.4 In a nutshell, the SIU finds the following: first, that there were upgrades undertaken that were over and above those required by the SAPS to guarantee the President’s security; secondly, that there was a clear acknowledgment at various stages of the project implementation that the President was responsible for some of the costs of the upgrades (although the estimates of such costs varied); thirdly, that even where upgrades were necessary, the scale of construction far exceeded what had been stated as security requirements; and fourthly, as the SIU report states it: “[i]n yet other instances, having regard to the purpose to be served by the upgrades, reasonable modesty gave way to indefensible extravagance.” (para 4 p 129). 9.3.5 We find the failure of the Police Minister’s Report to deal with these matters to be a fatal shortcoming and a further reason to reject the Report. 9.4 Fourthly, because the Police Minister’s Report selectively and conveniently confines itself (inadequately and imperfectly) entirely to the matters identified specifically in the Public Protector’s as needing to be paid in full or in part by the President. But the Public Protector did not say that these were the only aspects of the upgrades for which the President was wholly or partly responsible. In paragraph 11.1.1 of her Report, the Public Protector states that he President is to: “Take steps, with the assistance of the National Treasury and the SAPS, to determine the reasonable cost of the measures implemented by the DPW at his private residence that do not relate to security, and which include Visitors’ Centre, the amphitheatre, the cattle kraal and chicken run, the swimming pool.” As was argued above, the SIU identified other aspects of the upgrades that were not identified by the SAPS security assessments. 10. What the Police Minister’s Report does is to seek to rationalise the excessive and non-security upgrades by inventing ex post facto justifications for them. In his attempt to circumvent the inconvenient fact that many of these upgrades were not called for by the SAPS security evaluation, and were accordingly, not justified, the Minister vaguely states in paragraph 7.4 that – “The SAPS Security Evaluation Report in which some of these features are requested or implied is proper, well done and relevant; however, the security advisors could have been explicit and more detail would have assisted non-security persons.” What this extraordinary statement suggests is that the SAPS Evaluation Report was vague, and that it was up to others to interpret what it was that the SAPS meant. It further tellingly says that there were, in the Police Minister’s mind other features that were justified that were implied rather than explicitly stated in the Evaluation Report. By a logic that belongs in a Kafka novel, the Police Minister’s report is able to justify all the features as security upgrades and therefore to absolve the “State President” (sic) from any liability to pay for them. OBSERVATIONS 1. It should be stated at the outset that all the opposition parties that participated in this process did so in good faith. This was motivated largely by the undertaking given by the Chief Whip of the ANC in the National Assembly that “all and any” witnesses could be called before the Committee, and that the Committee would operate in terms of Rule 138. It became apparent only last week that the ANC members of the Committee would frustrate any attempt to call any witnesses other than those under the control of their caucus. 2. It should be further noted that the observations set out hereunder are precisely that – observations following an in loco visit. They are not intended to in any way replace the findings of the reports of the Public Protector or the Special Investigating Unit. This Committee is legally not empowered to do that. It is noted that: 3. The President and his family have benefitted unduly from the upgrades to his private family residence; 4. There were improvements that were obviously not security related, including but not limited to the swimming pool, the amphitheatre, the larger cattle kraal, the visitors centre, extensive paving and the relocation of neighbours; 5. It is entirely possible that when the Public Protector visited Nkandla 18 months ago prior to compiling her report the whole place was in a better condition and that is has been allowed to deteriorate since her visit; 6. The above also applies to the visit of the Special Investigating Unit in July 2014; 7. The Minister of Police misinterpreted his mandate and only concentrated on 4 issues. He failed to consider the other issues raised in the reports of the Public Protector and the Special Investigating Unit; 8. The Minister of Police, by his own admission, never engaged with the Public Protector, contrary to the judgement delivered by Schippers J; 9. The swimming pool is a recreational facility that could also be used for firefighting and was not primarily a security feature; 10. The visitors’ centre is clearly not a security feature and it was not requested by any of the security experts; 11. The amphitheatre has at best a dual purpose as an observation / sitting space for public gatherings and soil retention; 12. The larger cattle kraal / animal enclosure is far larger than the original one and the President has unduly benefitted from the construction thereof, as it is clearly not a security feature; 13. Prices were inflated, and there were instances of poor workmanship; 14. Some of the work appeared to be incomplete; 15. All those responsible for deviations from the PFMA should be held accountable; 16. None of the amounts spent at Nkandla appeared in the MTEF or departmental budgets, thus they were deliberately hidden from Parliament; 17. All of the buildings and upgrades constructed at Nkandla are directly linked to the fact that the President resides there; 18. After the retirement from office of the President, an obligation to maintain them will remain the responsibility of the State at State expense; 19. The clinic will be for the use of the President and his family and perhaps staff. This is confirmed in the report, and it is clearly not a security feature; 20. It is a great pity that the committee did not get all the relevant facts. By avoiding the Public Protector, the SIU and others the committee is forced to rely solely on the “experts” of the Minister of Police. We do, however, take note of the response of the Public Protector on Monday, 3 August 2015 in which she clarifies a number of salient issues; 21. The reaction of Mr Magubane is at odds with what we saw at Nkandla, in that he is adamant that the electronic security system was both installed and fully functional, while it was dismantled at the time of our visit; 22. Senior Superintendent Linde was also the Chairman of the SAPS Builiding Planning Committee and that he signed correspondence on behalf of the Divisional Commissioner : Supply Chain Management; 23. Neither the Minister of Police nor the Miniser of Public Works referred in their respective reports to any document relating to the apportionment of costs between the President and the State. RECOMMENDATIONS For all the reasons stated above, it is suggested that the Police Minister’s Report be rejected in its entirety. The following political parties are party to this report submitted on 6 August 2015: DEMOCRATIC ALLIANCE INKATHA FREEDOM PARTY AFRICAN CHRISTIAN DEMOCRATIC PARTY FREEDOM FRONT PLUS NATIONAL FREEDOM PARTY AFRICAN INDEPENDENT CONGRESS UNITED DEMOCRATIC MOVEMENT AGANG PAN AFRICAN CONGRESS
