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03 May, 2018
Debate: Condolence Motion on the passing of Ms Winnie Madikizela Mandela
Honourable Speaker and Members, Mr Nqabayomzi Kwankwa, MP and UDM Deputy-President A big tree, an outstanding servant of the people, a struggle icon has fallen. Dr Maya Angelou, in her poem “The Great Tree has Fallen” says, and I quote: “…. when great souls die, after a period, peace blooms, slowly and always irregularly. Spaces fill with a kind of soothing electric vibration. Our senses, restored never to be the same, whisper to us. They existed. They existed. We can be. Be and be better. For they existed.” As we mourn and are still trying to come to terms with the untimely death of Mam’ uWinnie, no one can deny the fact that our lives are better because she existed. Mama was a fearless freedom fighter, who brought her superlative courage to the struggle during the darkest hours of oppression. She was a colossus that bestrode the lives of the poor and downtrodden, shielding them from the vicious onslaught of the apartheid regime. It was therefore not surprising that South Africans, who understand the passage of the struggle for freedom, regarded her with veneration. It is because these South Africans understand that both in the war against the apartheid regime and in peace, Mam’ uWinnie served South Africa unfailingly and wholeheartedly for decades. For these reasons, it was also not surprising that, when Mama uWinnie passed away, the world rang with tributes to this great leader of our time. We were however flabbergasted by the ostentatious vulgarity of the criticism of her legacy by some of her detractors and the brazen lies they told to tarnish her image. Despite your venomous attacks on her, our love and respect for her remains undiminished. Disappointingly, even the behaviour displayed by some of those who tried to defend her legacy was at times marked by puerility. This group displayed an exclusivist notion to national interest and the right to defend her legacy, which was extremely intolerant of dissenting views, whether valid or not. It the saddest irony of history and a damning indictment of our leadership that we used her passing to divide the very same nation she fought tooth and nail to unite. Colleagues, you know that I prefer truth to comfort! Granted, Mama was not without faults. She made mistakes just like everyone else. However, to reduce her legacy to her mistakes understands neither the dangers of the struggle for freedom, nor the monumental sacrifices on which our pedestal of hope is premised. In this regard, we owe it to the youth of this country and future generations to tell an objective account of Mam’ uWinnie’s historical contribution to our liberation struggle that is free of distortions. Madam Speaker, Throughout our struggle for freedom, Mam’s uWinnie was sustained not only by her love for our people, but by her sincerity and commitment towards building a democratic, united, non-racial and non-sexist South Africa. In your honour Mama, we will continue to fight for the improvement of the lives of the poor and to ensure that land is returned back to our people. We will not let your passing, as our struggle icons, to be the end of era of South African greatness! We will continue to individually and collectively work hard towards building a South Africa in which we look forward to the sunrise of our tomorrow! Menze Thixo aphumle ngonaphakade. Umkhanyisele ngokhanyiso olungacimiyo. Thank you.
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02 May, 2018
Open Letter to Wesbank CEO re corruption in motor vehicle sales – immoral alliance between banks and car dealers
Mr Chris de Kock WesBank Chief Executive Officer Enterprise Road Fairland 2170 Dear Mr De Kock CORRUPTION IN MOTOR VEHICLE SALES – IMMORAL ALLIANCE BETWEEN BANKS AND CAR DEALERS Background In November of 2004, a senior government official, Mr Mzukisi Ndara is induced into buying a 2004 Nissan X-Trail 2.2 Diesel S.E. with approximately 7,000 kilometres distance travelled on the odometer, with a registration number DFR 613 EC. Mr Ndara was led to believe by the Dealer Principal, Jean Van Aardt, of Datnis Nissan in King Williamstown, that he offered him a “special deal” as a form of redress following a complaint of dishonest and unethical conduct by an employee, Sandra who was reporting to Van Aardt at the time. This deal was concluded on the 25th of November 2004 and financed by the FirstRand bank trading as Wesbank. Mr Ndara brought this matter to my attention, with the words, “General I have been everywhere in the last twelve years now I come to you seeking your help”. Whilst I am not a legal practitioner nor a judge for that matter, having gone through the documentation pertaining to this deal, it is not only an insult to Mr Ndara but to the people of South Africa in general, that FirstRand bank (t/a as Wesbank) and the Datnis Nissan dealership still have trading licenses and continue to operate and do business in this country. A former Judge President and an eminent jurist’s reaction on the matter when confronted with the facts in 2013 was that “this is so immoral, this does not even belong in a Court of Law, this should be published in order to embarrass those responsible and to hold them accountable”. Thirteen years down the line, in 2018, Mr Ndara has absolutely nothing to his name, instead carries a mountain of debt, owing to this saga and is also subject to harassment, threats and near financial ruin owing to what happened to him on that fateful day in 2004. What was a beginning of promising career in the public service back in 2004 turned into a lingering nightmare. Several of our public and private institutions, who have been privy to this damning story, that has been ruthlessly carried out with utmost arrogance, bravado and downright impunity, have failed this man. The Banking Association of South Africa, The National Credit Regulator, the National Treasury, the Motor Industry Ombudsman, and some media houses are aware of this. On discovery that this deal may have been concluded fraudulently Mr Ndara opened a case of fraud with the East London branch of the Special Commercial Crime Unit (Hawks) in March 2014. The case number is KWT Case No. 386/05/2014: SCCU Reference: 1/1/2-24/2004. At the National Prosecuting Authority (NPA) the case was assigned to one Advocate Tenjwa Sellem who incidentally holds a Masters Degree in Law and boasts 18 years’ experience. A criminal investigation by Sellem working with Captain Dyasi of the Hawks found prima facie evidence of fraud to be ventilated in court. A decision to prosecute and make arrests was made by Sellem following the six months investigation. Warning statements had already been obtained from the accused. To Mr Ndara’s disillusionment this decision was overturned by Sellem’s immediate supervisors Advocates Deshriee Naicker and Theunis Goosen on the basis that the elements of fraud were an honest mistake and that Mr Ndara had suffered no prejudice. In fact, Advocate Goosen contended in writing that a car can be deemed new and used at the same time. Mind you, the NPA is an institution that is expected to prosecute without fear or favour. This decision was taken against the backdrop of clear, damning and undisputed evidence in the docket. The Special Deal The Dealer Principal, Van Aardt offers Mr Ndara a special deal to appease him for a wrong committed against him by an employee of Datnis Nissan. Unbeknown to him and in his first six months in government employ at the time, he is duped and falls for a scam that was to cost him two properties, vehicles and a clean credit record. His only offence was trust and benevolence. The so called special deal amounted to the following; • A used 2004 Nissan X-Trail 2.2 Diesel Manual, was sold for a price of a brand new 2004 Nissan X-Trail 2.5 Petrol Automatic. • The deal was processed by the bank relying on what is clearly a fraudulent Offer to Purchase document bearing no signature of Mr Ndara. • The bank approved financed for a brand New superior vehicle worth R 29,7990.00 and still delivered a used inferior model, knowingly worth R 27,0000.00. • In addition to this Mr Ndara was also charged as part of the purchase price, “extras” that are fictitious to the tune of approximately R 35,140.00. Incidentally these “extras” of which R 25,900.00 is a Group life insurance…. R 6,190.00 is another insurance… R 1,060 is a courtesy car…All improbable and are NOT extras just gimmicks to increase the retail price…. FRAUDULENTLY. • To top it all, the on the finance side, whilst he had a very good credit record with a secure employment he was charged an interest of 15,25 fixed and yet Wesbank had an agreement with government called the Wesbank Senior Manager Scheme that financed any official of government employed at the level of a Director upwards an interest rate of 9% finance charges. • All this amounted to an instalment of R 8,000.00 for a used Nissal X-Trail over 13 years ago. Incredibly even if once were to buy today the 2018 Nissan X-Trail top of the range they wouldn’t pay that instalment. • Furthermore, whilst he had been assured the special deal would mean that there will not be a burden from trade-in of his 2003 Nissan Almera and yet an amount of R 27,000.00 was added on to the X-Trail unbeknown to him. Wesbank Wesbank leadership starting with your predecessor, Brian Riley abdicated all responsibility in full violation of the laws of this country. It is quite clear that no due processes or even Wesbank’s own policies were followed in concluding this deal and yet the bank approved it and sold this vehicle to Mr Ndara under these horrendous and unlawful conditions. On receipt of a letter of enquiry about the price from Mr Ndara in November 2005, instead of cancelling this deal, the Office of the CEO at Wesbank chose to continue this deal and to amend the conditions of sale, under the pretext that they were assisting him. Notably whilst Mr Ndara was ignorant of the fraud at the time, he wrote in the conclusion of this letter that “I want out of this contract, so that I could have my life back”. This was ignored by the bank and they chose to extend the period of the contract and adjust the interest rate in full violation of the Credit Agreements Act of 1980, which by the way is a criminal act that carries a prison sentence. In January 2007 Mr Ndara wrote another letter complaining bitterly about this contract and the inclination by the bank to “make profit out of an unsavoury situation” the bank again chose to undertake another “reload” and consequently this one vehicle now has three different account numbers which I reiterate is against the laws of our country. Hence my contention earlier that this company should no longer be doing business in South Africa. On being served with legal papers alleging fraud and seeking damages, the bank has had the audacity to argue that the matter has prescribed, de facto arguing that a criminal act has prescribed. This matter has called into question many of our institutions designed to protect the vulnerable precisely against such unwarranted and callous treatment of ordinary South Africans by elites in this country. It is equally shocking to learn that as part of Case No. 3180/2013 Mr Ndara gave evidence narrating all of the above and the record of these proceedings as I write this is missing from the Grahamstown High Court, as it is detrimental to the bank ‘s case and contrary to a judgement that was given against him upholding prescription. In the same vein, the same contract is not deemed to have prescribed in the East London Magistrate Court when the litigants are the bank. Implications for our constitutional democracy The South African Constitution is hailed in Africa, and around the world as one of the best, precisely due to its founding values, ethos, a slew of rights (including the Bill of Rights) that assure each one of us, of dignity, shelter, access to healthcare, education and justice …just to name a few. As a constitutional democracy, we are made to understand or led to believe, that the extent to which our beloved country is ahead of the pack, is premised in the main, on the healthy tension or contestation amongst, the Executive (led by the President), Parliament (led by the Speaker) and the Judiciary (led by the Chief Justice), with the rights of the individual as the centre of it all. All in all, how do we sustain the confidence of ordinary South Africans, in the belief and the durability of our democracy and its institutions. Clearly for Mr Ndara whatever hope and aspirations he had, have waned considerably given a heart wrenching, devastating and ruthless episode by the FirstRand Bank that has gone out of its way to enforce what is clearly a fraudulent contract, to his detriment and that of his family for 13 years now. Our constitution safeguards amongst other values, Human Dignity, needless to say Mr Ndara lost that many years ago, in writing this as an open letter to the leaders of our institutions, this serves to highlight discrepancy of a brand promise of a new South Africa and the lived experience of a nation that tends to devalue the life of an African Child, that makes a mockery of the Bill of Rights, and the “rainbow nation” of South Africa, positioned as a beacon of light and a ray of hope in Africa, and the World. I therefore call upon you Mr De Kock to occupy moral high ground and resolve this matter with the urgency it deserves. Recently (February 2018) the Sunday Times approached you seeking answers to this, instead you chose to engage a huge Public Relations company to peddle lies and fabrications on your behalf and continue to disrespect and disregard a cry for justice. Your lies included that Mr Ndara himself had insisted on this deal. You also claim that you have since sold this vehicle and yet that is also untrue. This is one last opportunity for you and your management to redeem yourselves and resolve this matter expeditiously. My expectation is that other institutions mentioned here will fall in line, take responsibility and cease to shield and protect high profile individuals who undermine the rights of ordinary South Africans through greed, corruption with wanton disregard for rights of others who are condemned to perpetual poverty as a result. Yours sincerely Mr Bantu Holomisa Member of Parliament President of the United Democratic Movement
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30 Apr, 2018
Workers Day 2018
Media release by Mr Nqabayomzi Kwankwa, MP and UDM Deputy President On Labour Day, 1 May 2018, we all dwell on the plight of the working South African and the United Democratic Movement (UDM) unequivocally supports our workforce. South Africa’s painful history, with the exploitation of black South Africans, has left a scar on the psyche of our workforce and the poor. Today the formerly oppressed, comprising the biggest section of our workforce, as well as the poor, find themselves doing menial and/or physical labour for a slave wage. Only the lucky few has joined the middle class and the comrades in corruption have left their brothers and sisters to rot in the clutches of poverty which they are unlikely to escape under a ANC-led government. The UDM takes a dim view of big corporates’ annual threat of job-shedding, because they claim they cannot afford a too-high wage bill at the time of annual increases. Pay your directors less money and reduce the gap between the haves and the have-nots! Be what Judge Mervyn King calls conscious companies and look at the big picture before you ruthlessly cut jobs. The UDM reiterates the urgent call it made last week, for government to refer the proposed changes to our labour legislation back to the National Economic Development and Labour Council (Nedlac). We believe that the proposed changes will roll back progress made thus far. We also reiterate the call that Nedlac must have a wider range of representation and should not exclusively comprise of big business, the big unions and big trade federations. As we mark this day with those who have jobs, we also have in mind the millions of South Africans (including those with tertiary qualifications) who do not have work. We must not only concern ourselves with the rights of workers, but also with the right of all our people to work, have dignity and prosperity, as well as the opportunity to contribute to the economy. In fact, every day should be Labour Day, where we work towards a working and winning nation. Issued by: Mr Nqabayomzi Kwankwa, MP UDM Deputy-President and Chief Whip in the National Assembly
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26 Apr, 2018
Freedom Day 2018
Statement by Mr Bongani Msomi, UDM Secretary General Truth be told, we started well in 1994. South Africa built a democratic dispensation based on the noble ideals of protecting human rights and promoting freedom. The struggle movements and leaders can take a bow for breaking down minority rule. But, it is hard to celebrate political freedom, when the majority of our people remains locked out of economic freedom. We of course, at that time, placed political freedom at the pinnacle of our agenda. However, as we ticked the boxes on our constitutionally prescribed checklist, the nation must realise that many of those boxes remains unticked. Because, after 24 years, the nation under ANC-rule has spun its wheels in the mud of corruption, maladministration and lately the rule of a delinquent president. This malodour unfortunately still clings to the status quo. Although we do not want to judge too early, the signals we have seen thus far from the Union Buildings does not auger well for South Africa; with the new president’s appointment of several fishy ministers. Political deals were struck behind closed doors that were in the interest of the ruling party and have not put the people first. So, what has really changed? Not much; the Comrades in Corruption are still at the helm. The very same leaders who presided over South Africa’s slide down the slippery slope of corruption and job shedding had protected their former president at all cost, have decided to “re-deploy” this questionable individual to campaign for the ruling party in the forthcoming elections. The fact is, the ruling party can no longer be trusted, and the public cannot afford to be fooled by the so-called new dawn. This is a leopard that cannot (and will not) change its spots. Come 2019, South Africans must see through the thin veil draped over the ruling party and punish them at the ballot box for their misdeeds. When we celebrate Freedom Day in the future, it will hopefully be a proud moment where all South Africans are starting to enjoy dignity, prosperity and economic freedom, which will truly transform South Africa into a winning nation. Contact: Mr Bongani Msomi UDM Secretary General
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26 Apr, 2018
#UDEMWO on Freedom Day 2018: what are we celebrating?
Although some changes for the better have taken place since 1994, there are far too many areas that require vast improvement; especially when it comes to women and children; their needs and the protection of their rights. 1) Economic inequality, crushing poverty and gender discrimination are still the order of the day and most women (especially the elderly and the young) are worse off in this patriarchal and misogynist world of ours. When it comes to women’s development and their access to economic opportunities there is a vast gap between them and their male counterparts. 2) Young women are attacked at their places of learning by unscrupulous vultures who leave them hurt and often pregnant with no hope of adequately rearing their babies without accessing child grants – even if these babies are loved and nurtured instead of being discarded as the product of rape. 3) Women, young and old alike, have increasingly become more vulnerable to abuse and are not safe even in their own homes, never mind on the street and footpaths of our cities, towns and villages! The United Democratic Movement Women’s Organisation (UDEMWO) therefore have only one question to ask on 27 April 2018: what are we celebrating? One of the glaring problems is that there is absolutely no synergy within the government departments, which leaves the victims of abuse and crime high and dry, only to again face their tormentors at home after the justice system, has spewed them out. The litany is that, for instance, if the police catches a rapist or a woman-beater (and if the docket does not magically disappear), the suspect is quickly released on bail (for a couple of hundred rands). Then the courts fail women when they give those found guilty, a slap on the wrist or sends them to jail with a meagre sentence (as per the maximum which the law allows). And then, correctional services release these monsters on parole so that they can walk freely in society to further intimidate or abuse their existing victims; or simply become serial offenders as they take their violent, criminal, immoral selves off to other places. After this hot mess, talking about justice, and the support and restoration of the dignity to victims, is a useless exercise. For years, the ministers of women in the presidency have been filled with women, just for the sake of their gender and not because they were capable women. The inaugural holder, Ms Susan Shabangu was a roaring failure. The current incumbent Minister Bathabile Dlamini, is merely a political stop-gap. Without a capable person in this post, the plight of women and children will remain an unfulfilled dream, because no-one is able to crack the whip. Simply using public money to organise an undercover Women’s League gathering to celebrate Women’s Day should be lowest on the agenda. UDEMWO calls on: 1) Parliament to review the relevant legislation that almost seems to contradict the constitution when it comes to the protection of women and children’s rights. UDEMWO believes that a zero-tolerance system should be implemented to deter, punish and rehabilitate offenders, whilst supporting the victims and their families; making sure that justice is served, and their dignity restored. 2) President Ramaphosa to ensure greater synergy between the relevant ministries in the justice cluster. 3) President Ramaphosa to simply fire Minister Dlamini and appoint a capable person in that post. Issued by: Ms Thandi Nontenja UDEMWO Secretary General
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24 Apr, 2018
Changes to labour legislations must go back to #Nedlac for broader consultation
The United Democratic Movement (UDM) makes an urgent call on government to refer the proposed changes to the Labour Relations Act and the Basic Conditions of Employment Act, as well as the introduction of the National Minimum Wages Bill, back to the National Economic Development and Labour Council (Nedlac). These proposed changes are tantamount to rolling back progress made thus far in terms of the rights of the working class. From the thunderous outcry of various key role players, that the consultation process around these laws was flawed, it is clear the government did not do its due diligence. The voices of several unions and union federations were simply not heard. Government leaders like President Ramaphosa, Deputy President DD Mabuza and Minister Gwede Mantashe, whom all have their political careers – and the powers they wield – thanks to their union roots, must surely understand that ignoring key role-players, or putting some before others, is a recipe for disaster. The Congress of South African Trade Unions (COSATU) and big business cannot be the only influencers at Nedlac. The other union federations such as South African Federation of Trade Unions (SAFTU) must be given an opportunity to present their views, vent their frustrations and form part of the collective decision. Their participation cannot be denied just because they do not meet a convenient threshold to exclude certain bodies. In addition, a great portion of our national economy and future prosperity rests in small, medium and micro-sized enterprises (SMMEs). Therefore, organisations like the Federated Chamber of Commerce and Industry (NAFCOC) must also be represented at Nedlac. The UDM believes that no law must be foisted on an unsuspecting public, especially when it runs the risk of contradicting the constitution and infringes on people’s rights as enshrined in our ultimate law.
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22 Apr, 2018
Mother Earth Day 2018: SA’s water woes must come to an end
Media release by Mr Bantu Holomisa, MP and UDM President As we approach Mother Earth Day, on the 22nd of April, the United Democratic Movement (UDM) deems it necessary that we, as South Africans, must acknowledge and understand the interdependence that exists among humans, animals, plants and the planet we inhabit. Especially the role that water plays in that interdependence. South Africa’s years’ worth of drought, brought home the reality the we indeed live in a water scarce country. Water restrictions almost crushed some of our big cities – with those who live in informal settlements being hard-hit. The impact on our agrarian activities and industries as well as the ripple effect of job shedding as the drought continues, is devastating. The fact that our economy will take years to recover from the impacts of drought, not to mention other factors, is quite worrying. This brings into question one of the issues the UDM believes has not been properly addressed i.e. planned sustainable development. The local, provincial and the national governments must all shoulder the blame for the mess in Cape Town and elsewhere in the country. The backlogs still remain too large and the current infrastructure development is not keeping pace with rapid urbanisation, water storage and dam capacity. The UDM is of the view that all three ties of government should be working harder and together on managing arguably the scarcest resource in this beautiful country of ours: water. Some of the salient points in the UDM’s policies around water are that: • National and local governments, in particular, should work in concert. • That sustainable household water supply must become a reality for every South African family, even though this is a local competency, government at higher levels must budget more efficiently. • That national government must set standards for the treatment of water for human use and enforce these stringently. • The development of irrigation schemes has been neglected. • The catchment area research and large-scale infrastructure development in Kwa-Zulu Natal and the Eastern Cape must be commenced with as a matter of urgency. Currently vast quantities of water flow through the rivers of these regions, without being properly applied for agricultural or human needs. In the end environmental management and practice should contribute to sustainable socio-economic development in South Africa, leading to a better quality of life for all. The utilisation of resources should happen in a balanced manner to promote this continued growth. The involvement of all role players in the making and implementations of all environmental legislation and regulations should be at the top of government’s agendas
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19 Apr, 2018
#LandQuestion Indaba on 25/4 in Mthatha. Searching for solutions. Invitation to attend a Mthatha public meeting on: NA resolution on the EWC explained, and UDM position
The national leadership of the United Democratic Movement (UDM) noted the National Assembly’s resolution, taken on the 27th of February 2018, on the well-documented motion regarding the expropriation of land without compensation (EWC). This decision will affect communal, urban, government and privately-owned land and the UDM cordially invites all interested parties to attend an important public meeting to obtain more information on topic: Where? Mthatha City Hall. When? Wednesday, 25 April. Time? 10am. The UDM leadership has, as such, mandated me to reach out to all sectors of society, including but not limited to traditional and religious leaders, as well as communities to explain the: 1. meaning and implications of the resolution; 2. processes which parliament will follow in consulting with all stakeholders; and 3. mechanism to be used in making submissions to the parliamentary constitutional review committee. For your information, the UDM is on record saying that the issue of EWC must be addressed in terms of the following matters: • Who exactly (individuals, companies and/or government) will be affected and how? • How does food security and economic stability impact implementation – does it, for instance, prevent expropriation in specific circumstances, and what would those be? • How will government handle rapid urbanisation and an ever-increasing need to make land available in cities and the denuding in rural committees and those local economies? • How will traditional leaders, and rural communities be affected; • How will entities such as the Ingonyama Trust, among others, be impacted? • What will be the effect on the land tenure system? • What would the position be on the sale of [urban] land to foreigners? • How will the issuing of title deeds be sped up so that entrepreneurs may use this as collateral to secure capital for start-ups? Issued by: Mr Bantu Holomisa, MP UDM President
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