Admin
06 Nov, 2019
A teacher dies: Keiskammahoek tragedy
The United Democratic Movement is disheartened by the sad news of the passing of an educator at Sivuyile Primary School in Keiskammahoek, Eastern Cape. The video of a heated argument between an Educator and a learner started circulating on social media late last week. The UDM is truly disappointed by this behaviour of the learner which is rapidly becoming a norm in our schools. The parents are to blame for allowing their children to take mobile phones to schools and the Department of Basic Education as well for failing to come to the rescue of the teachers who are subjected to the trauma of being abused by the learners. The teachers are not safe in schools and there is very little that they can do to instill discipline to rude learners. As a result of this emotional abuse they are exposed to, they end up being victims of depression. As of now, there are quite a number of educators whose attendance is regular because of the depression. The learners know it is not acceptable to bring phones in school premises but they continue to bring them because they are aware that the educators irrespective of whatever provocation there is very little that they can do. The learners have rights. An educator cannot confiscate a mobile phone from a learner in a classroom without being chastised. The UDM calls on the Eastern Cape Education MEC, Fundile Gade to take educators into confidence on his plan that he has that will prevent this from happening again. The death of this educator must be really a wake-up call for the education stakeholders and the Country as a whole. Many Educators are experiencing depression due to the conditions they undergo whilst on duty. May the Soul of the late Educator rest in eternal peace. Issued by: Mr Bongani Msomi UDM Secretary General
Admin
23 Oct, 2019
UDM reaction to Mmusi Maimane’s resignation
The past few days has certainly been interesting in terms of changes to the South African political landscape. Not only has senior leader, Herman Mashaba, announced that he can no longer remain a member of the Democratic Alliance (DA), now its federal leader Mmusi Maimane has resigned. The pressure brought on by Ryan Coetzee, Tony Leon and Michiel le Roux’s scathing report deprives the DA’s branches of an opinion on the matter. The tail seems to be wagging the dog. It seems as if the DA is showing its true colours; the project to transform the DA has taken a serious knock and I dare say, could now come to a grinding halt. Issued by: Mr Bantu Holomisa UDM President
Admin
15 Oct, 2019
Water issues in Msinga and the prevailing corruption: KwaZulu Natal
The United Democratic Movement (UDM), in KwaZulu-Natal, pleads with the Umzinyathi District Municipality, the Water Services Authority responsible for water supply in Msinga Local Municipality, to at least respect the law under which it is established, The Water Services Act. This municipality has displayed unwillingness, pure disregard and arrogance in servicing people of Msinga with water. The town of Pomeroy in Msinga, was yet again brought to a standstill today (15 October 2019), due to water protests in the area. Water supply is just not there! The District Mayor attributes his municipality failure to theft of diesel for generators to pump water (Isolezwe: 23 September 2019, page 28). This is in direct contrast to the fact that Umzinyathi District Municipality, two months prior to his statement, had just paid R4, 8million towards generators’ diesel between July and August. Why would the municipality pay so much and still no water two months after? This leaves much to be desired! The Human Rights Commission is currently engaging this municipality on its deliberate failure to provide Msinga inhabitants with a plan of water provision (KZ1920 / 0310), the complaint referred to it by the UDM on behalf of Msinga Community. PREVAILING CORRUPTION PRIORITIZED OVER WATER PROVISION It is shocking that this municipality, in just two months (July and August 2019) had the audacity to spend R1 777 870-00 on security services without following proper processes to award a tender – simply a deviation loophole, despite the fact that the municipality has full-time employed security personnel. Disrespect of the municipality’s funds earmarked for development projects and service delivery, saw this municipality spending R39 120 on Chicken Licken on one day (08 August 2019), instead of discharging its core functions, that is, of supplying the basic water to the people of Msinga among others. Access to clean water by communities at large is a right. These rampant spending, are among 58 transactions that were processed on deviations (without following processes), in a matter of two (2) months (July and August 2019). Accordingly, the UDM in KZN, calls on Mr Hlomuka, the honourables KZN MEC of Cogta and Dr Dlamini-Zuma, Minister of Cogta, to play their part by intervening on this serious and deliberate failure, notwithstanding the fact that the Human Rights Commission is playing its part to ensure that Msinga inhabitants rights to water are enforced. The UDM-KZN also calls upon IFP to recall its scandalous Mayor that is operating against its main principle “TRUST US”. This Mayor does not care about the suffering of MSINGA community.
Admin
15 Oct, 2019
The incarceration of a #FeesMustFall student continues: Khanya Cekeshe
The United Democratic Movement Youth Vanguard is very much dismayed by the decision of the Johannesburg Magistrate Court in dismissing Khanya Cekeshe’s application for bail and denying him leave to appeal his conviction and sentence. This can easily be construed as a rigid application of the law to a political case as the fees must fall protest was a political protest and such an important element cannot be neglected. Another factor is the glaring incompetency of Cekeshe’s previous lawyers in the matter who because of lack of knowledge ill-advised its client and such renders the trial unfair as correctly argued by Cekeshe’s new legal representatives. The very painful part about this case is the fact that Cekeshe is the only student that is languishing behind bars for a call for free education which was later affirmed by the government in power by its pronouncement made on the 16th of December 2017, on free education, other fellow #feesmustfall activists are free, some are under house arrest, Why can’t the Department of Justice do the same for Khanya? He is no criminal nor a threat into the community. When one looks at the decision of the court, it becomes clear that a number of factors were not considered especially the reasons behind violent protests that have become the norm of the day. Our government does not take serious peaceful negotiations. The only language that it is prepared to listened to is when communities or students resort to embark on violent protest actions. So, in this case of Cekeshe, the government is part to blame. The UDMYV doesn’t condone violence but Cekeshe is none other than a victim of circumstances. The UDMYV fully supports the call by the legal practitioners to petition the High Court in this matter. We also appreciate the change of heart to the Minister of Justice and Correctional Services by considering a Presidential pardon because He said he had no support towards the #feesmustfall activists not so long along. As we celebrated his appointment to be a Minister as a young person, now he must give us another reason to celebrate him by doing his work which is assisting young people that are hungry for education such as Khanya Cekeshe. We also call on every young person in this country to supplement the legal advocacy done by Cekeshe’s lawyers by using other forms advocacy to put pressure on the state to release Khanya and allow him to go and spend time with family.
Admin
10 Oct, 2019
South African Post Office Service Sucks: Poor service delivery
The United Democratic Movement (UDM) is disheartened by the poor service rendered by the Post Office, The Tramshed branch in Pretoria (Tshwane) cbd to be precisely has been offline for quite some time. The customers are receiving a raw deal. This post office cannot provide basic services to its customers, for example, one cannot apply for a post box or pay for television licence or do transactions on the atms that are lying there and collecting dusts or certifies documents, etc Not so long ago, Minister Stella Ndabeni-Abrahams has promised an improvement and efficiency within the Post Office, none of that has taken place. When the Minister was re-appointed, the UDM had so much confidence on her but now one can see through her that that she was rhetoric when she committed herself in making the post office more efficient and that it will operate like full- fledged commercial bank. Seemingly, her priorities are skewed as her interest is more on 4IR conferences in each month. On the other side she is taking decisions to shut down some of the branches that are most effective branches, like the one at Arcadia, in Pretoria. The unemployed youth is applying and certifying at the Post Office because it is more convenient to get things done at one place, than having to go to the South African Police Service and then go elsewhere to send documents. The pensioners have been encouraged to make use of Post bank facilities but the big question are, how is this going to be possible if the post office can be “Offline” for months? If a post office in the capital city is failing to deliver basic services, how much more in the rural areas? This is not only affecting the communities but the morals of the Post office staff, it is tiring to tell people one thing that “We are offline”. What happened to the principle “Batho-pele?” The UDM calls on the Minister of Telecommunications and Postal services to take serious of her portfolio and mandate of her department. The role that this SOE plays is central in servicing the communities but its performance leaves a lot to be desired.
Admin
01 Oct, 2019
Vehicle financing: Holomisa asks Wesbank CEO some pointed questions
AN OPEN LETTER TO THE CHIEF EXECUTIVE OFFICER OF WESBANK, CHRIS DE KOCK Mr Chris de Kock Wesbank Chief Executive Officer Enterprise Road Fairland 2170 Dear Mr De Kock ALLEGED CORRUPTION IN MOTOR VEHICLE SALES: THIRTY MORE PEOPLE CONFIRM SEEMING FRAUDULENT TRANSACTIONS INVOLVING WESBANK FINANCING 1. Introduction Our meeting of the 10th of May 2018 regarding Mr Mzukisi Ndara’s complaint and subsequent correspondence refers. You will recall that I addressed an open letter to you in May last year that contained serious allegations of impropriety and possible fraudulent misconduct occasioned by officials that were acting on behalf of FirstRand Bank, trading as Wesbank. The vehicle sale deal that was concluded with Mr Ndara, on the face of it, carried fraudulent misrepresentations that have led to untold financial harm and prejudice to him and his family for fifteen years; this year. The letter I wrote to you was also posted on my social media platforms provoking a flurry of activity largely condemning the conduct of the bank. 2. Context You consequently invited Mr Ndara and I to a meeting to discuss this matter further. We met at Wesbank’s headquarters at Fairlands in Johannesburg. Apart from you absolving the bank of all responsibility, and partly blaming the dealership, you were unable to debunk the authenticity of what Mr Ndara contended. Instead, pursuant to him narrating what had transpired, during and post the conclusion of his vehicle sale deal you said that “if it is true what you are saying, and its accurate, then I must sympathise with you because you will have been done a grave injustice”. In order to eliminate in your statement, the suspensive condition “if” Mr Ndara took the trouble to furnish your legal officer, Mr McLellan, with the documents that relate to his matter, his utterances when he saw them, was “it is the first time I am seeing these documents”. This is yet another statement that begs the question: Does FirstRand bank value its reputation as a corporate citizen in this country and if so, why doesn’t it redress what are clearly gross violations of Mr Ndara’s constitutional rights? Sir, I have had to answer this question myself. Shocking as this may be, scary as this may sound, the balance of probabilities points to Wesbank having used this approach as its modus operandi to seemingly swindle a significant number of South Africans from their hard-earned money. It came as a shock to the system, when Mr Ndara told me that Mr Prishen Ramsamay and Mrs Cheryl Moosa contacted him to say that they had been trying to locate him since the time I had posted the first letter to you. There are now at least thirty other people who have been party to vehicle sales transactions borne out of alleged fraudulent misrepresentations; destroying many people’s lives in the process. All these seemingly fraudulent transactions that were initiated at the BMW Melrose Arch Dealership in Sandton were predictably all financed by Wesbank. The shocking details of some of these transactions are contained here below. This group of ordinary South Africans whose demographics constitute a rainbow nation, have come together under the banner “Crusaders for Justice” Stop Bank Corruption. 3. Legislative framework In my first letter to you, whilst I am by no means a legal eagle, I ventured an opinion that asserts that, on the face of it, you do not require intimate insights of jurisprudence to understand that a bank cannot approve finance for a new car and the customer receives and pays for a used vehicle, in order to discern fraud. Surely it is not that difficult. My opinion aside, the first reason that points to Wesbank having possibly gone rogue is simply the nature of the transactions they have concluded with the members of Crusaders for Justice. Some of these transactions have violated so many provisions of the National Credit Act of 2007 and its forerunner, the Credit Agreements Act of 1980. The National Credit Act (Act No. 34 of 2005) Section 90 is entitled: “Unlawful provisions of Credit Agreement” and it reads as follows; 90. (1) A credit agreement must not contain an unlawful provision’ (2) A provision of a credit agreement is unlawful if – (a) its general purpose or effect is to – (i) defeat the purposes or policies of this Act; (ii) deceive the consumer; or (iii) subject the consumer to fraudulent conduct; (b) it directly or indirectly purports to – (i) waive or deprive a consumer of a right set out in this Act; (ii) avoid a credit provider’s obligation or duty in terms of this Act (iii) set aside or override the effect of any provision of this Act (iv) authorise the credit provider to; (aa) do anything that is unlawful in terms of this Act; or (bb) fail to do anything that is required in terms of this Act; (e) it purports to make the agreement subject to a supplementary agreement, or sign a document, prohibited by section 91 (a) (g) it purports to exempt the credit provider from liability, or limit such liability for- (i) any act, omission or representation by a person acting on behalf of the credit provider. In summary, all these provisions refer to a credit provider, and in everyday language a credit provider referred to above is a bank. Banks in terms of the law must not violate any of the provisions above. Hence, we can boldly say, FirstRand Bank has seemingly broken the law in many instances and on many occasions. The Bank is not above the law. 4. What has the bank done? Wesbank’s modus operandi is as follows; at least according to the lived experiences of the members of Crusaders for Justice; • Most people were induced into these unlawful deals or contracts; the National Credit Act also deals with inducement as being unlawful. • There are seemingly fraudulent misrepresentations in most, if not all these deals, with the following examples: ? The dealership processed a car for finance as if it is brand-new and this is approved by the bank, yet the vehicle is used. The consumer is invoiced for a brand-new car, whilst the dealership agents and the bank are aware that there appears to be misrepresentation; in fact, there is alleged fraud (as in Mr Ndara’s case). ? There is a member of Crusaders for Justice, who was a first-time buyer but, in his contract, the bank purports that he traded in a vehicle and yet that is not the case (as in the case of Devy De Klerk). ? The most common of these alleged unlawful practices, we have come to learn, is what is called loading or adding onto the price of a vehicle, what is normally known as “extras”. An extra in a vehicle, is a material enhancement the customer requests of his/her own volition over and above the cost of the vehicle i.e. an additional item, at an additional cost. Extras under normal circumstances would be things like cruise control, bull bars, metallic paint, sunroofs, air-conditioning, boot spoilers, etc. The buyer would then be advised of the price of each of these extras so that he/she can make an informed decision on whether it was desired. Some members of the Crusaders for Justice had all manner of extras added on to their contracts without them even knowing that they were so-called extras. These include Group Life Insurance at R25,900 (M Ndara) and a digital braking system at a cost of virtually R60,000 (Cheryl Moosa). In some cases, some of the contracts were padded with these fictitious extras to an additional total amount of R150,000 per vehicle. ? The National Credit Act also refers to consumers being induced into signing supplementary agreements, as if these were obligatory. And, unwittingly through trust and naivety, people sign only to find they are being defrauded and further prejudiced. There are some that are paying instalments of R30,000 for having concluded car deals, in some cases up to R50,000 (Mr Siva Pather). Sir, I have taken the trouble to write to you again. As previously, giving you the benefit of doubt to say, you may not be aware, maybe Mr Ndara’s matter was an isolated incident. However, with these latest revelations, nothing can be left to chance. This needs to be probed as it now comes across as a deliberate and planned scheme to rob people who least suspect that a reputable bank is capable of such. 5. Do the banks know? I have in my possession a High Court judgement handed down on the 16th of May 2013 by the KwaZulu-Natal High Court, in Durban, Case No 2142/2009 in the matter between: FIRSTRAND BANK LIMITED t/a WESBANK as plaintiff and DUAL DISCOUNT WHOLESALERS CC as defendant. In a nutshell, Wesbank in this case took to court a dealership in Durban that had misrepresented the price of a vehicle, as a result of which Wesbank paid more than the value of the car and ended up charging a consumer through instalments more than what the car was worth. Simple and straightforward. When the consumer discontinued payments the bank repossessed the vehicle and, in that process, discovered that in this contract there was fraudulent misrepresentation regarding the price of the vehicle, so they invoked what is called a “master agreement” that regulates transactions between dealerships and banks. These master agreements ironically protect the consumer against such conduct. Needless to say, Wesbank was successful in this action and the dealership carried liability. What defies logic is the principles that underpin this case have not been applied to all these complaints lodged by this group of people. And this is clearly a precedent that demonstrates what should obtain and what steps should have been taken against all dealerships by the bank. 6. Conclusion In our meeting you harped on the fact that you have a judgement against Mr Ndara on case number 3180/2013 underway at the Grahamstown High Court, wherein on the 3 March 2015 Judge Elna Revelas upheld the bank’s Special Plea of Prescription against Mr Ndara’s application against the Bank. Further to that, the Bank obtained a judgement on the 18th of August 2015, dismissing Mr Ndara’s Application for Leave to Appeal Judge Revelas’ decision. A new team of lawyers for Mr Ndara discovered in May 2018 that the judgement the Bank had obtained in August of 2015 was sought through underhanded means, it was erroneously sought and granted in the absence of Mr Ndara’s legal team and without even a Notice of Set Down served on them. Invariably it was set aside by Judge Buyiswa Majiki in August of 2018. The Bank’s appeal of the same judgement was dismissed with costs on the 12th of March this year. Sir, with due respect, is all this necessary? What do we make of the sacrosanct corporate governance associated with the banks in this country which you purport to subscribe to? It is now an open secret that Mr Ndara’s saga is a drop in the ocean, as clearly there are many, many others whose documentation is in our possession. I am now appealing to the shareholders of FirstRand Bank to assist you to do what is right for the benefit of us all. Redress for all these people who have been done wrong is the first step in my view that is non-negotiable. I also call upon the South African public, political and leadership of all self-respecting organisations to call out First Rand Bank for these unlawful acts against ordinary citizens. The all-round condemnation of anyone who was involved in the VBS scandal is commendable. Corruption is corruption by any other name, so let us join the call for Wesbank to be held accountable and answer openly and honestly to these accusations. After all, Wesbank operates on a license granted by government, and is regulated like all other companies in this country. Mr De Kock, I shall eagerly await your response to this matter before we take it further. We look forward to your response. Mr Bantu Holomisa, MP UDM President
Admin
18 Sep, 2019
Violence against women and children, and crime in South Africa
Honourable Speaker, Mr President and Deputy President, Honourable Ministers and Deputy Ministers, Honourable Members. 1. Introduction The United Democratic Movement (UDM) commends the fact that Parliament is debating solutions to gender-based violence, child abuse, rampant crime in general, as well as lawlessness. We are here today in response to the brave women of this country who said: “No more!”. This House and the Executive must prioritize finding solutions, even if it means that we must reconsider budget allocations as the President has already indicated. 2. Safety and security: a constitutional mandate Everyone living in this country must, at all times, be protected and should feel safe in their homes and on our streets. For the Executive to act decisively and to make manifest the constitutional mandate of safety and security for the people, it might mean that our civil liberties could be affected. 3. Proposed SADC accord One other matter which I would like to raise is that of striking an accord between SADC countries to address security and home affairs issues. Cross-border crime, moving stolen vehicles and livestock, as well as the burning of trade-goods, should be a thing of the past. Our economies must be protected, for if one country is unstable, all are affected. 4. Xenophobia Regarding the recent xenophobic attacks, we condemn it in the strongest terms. I however wish to mention that South Africa is the only country that does not have refugee camps, with non-South Africans being integrated into our society since 1994. We indeed have people from the rest of the continent, Europe, America and the Far East who live peacefully, and prosper in South Africa. 5. Closing Mr President, if one looks at the vast amounts of money that is syphoned away through corruption, our obsolete military equipment, poor training and equipping of our security services and the criminal justice system, it is clear that we still have much work to do. I thank you.
Admin
18 Sep, 2019
University of Zululand : Vulnerability of Students
The United Democratic Movement notes with concern the vulnerability of students who resides in private accommodations that are not part of the university’s residences and it supports the initiative of students for embarking on a protest demonstration. The students opt to lodge or stay at private accommodation because the university is failing to provide with them adequate accommodation in its residences. They do not have a choice but for them to be near the campus, they have to look for accommodation where ever they can find refuge. In most cases, this scenario compromises their safety. What is more disturbing, these attacks to students by thugs have been going on for decades now, yet, the University has failed to come up with a lasting solution. Other than being attacked, students are being robbed of their belongings while attending lectures at day broad light. The UDM is of the view that the University must come closer to the owners of these properties which are being used by the students and form partnership with them which will among other things ensure that students are always in a safe environment. The University must take full responsibility of the safety of the students irrespective whether they stay inside or outside campus. One of the options that the university may be required to do, is to assess and check whether these properties are fit for habitation of the students. The Management of the University of Zululand cannot abdicate from its obligation of taking care of the welfare of the students. The UDM calls on Vice Chancellor Mrs Xoliswa Mtose to attend to this matter promptly. Parents are sending their children to school for a better future, only to return home heartbroken or dead. Issued By: Mr Bongani Msomi UDM Secretary General
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