The following parties; ACDP, APC, COPE, DA, EFF, IFP and the UDM met today to discuss a number of burning political issues. 1. Secret Ballot or not? The 22 June Constitutional Court judgment We welcome the Constitutional Court judgement on the Speaker’s discretion to decide whether a vote on a no-confidence motion in the President of the Republic should be secret or not. Chief Justice Mogoeng Mogoeng, has given the Speaker of the National Assembly wise advice in the Court’s judgement: “South Africa is a constitutional democracy – a government of the people, by the people and for the people through the instrumentality of the Constitution. It is a system of governance that “we the people” consciously and purposefully opted for to create a truly free, just and united nation. Central to this vision is the improvement of the quality of life of all citizens and the optimisation of the potential of each through good governance.” About the power of those in public office the Constitutional Court said: “They are therefore not to be used for the advancement of personal or sectarian interests. Amandla awethu, mannda ndiashu, maatla ke a rona or matimba ya hina (power belongs to us) and mayibuye iAfrika (restore Africa and its wealth) are much more than mere excitement-generating slogans.” Some political parties in Parliament have already begun to make their submissions to the Speaker to further motivate for a secret ballot. However, we reinforce the ruling that it is within her discretion to make a determination. We hope that for once, she will be impartial and take a decision for the benefit of South Africa. We note her instructions to the ANC MPs to vote in favour of their President; the Speaker is patently biased and therefore compromised. She cannot preside over the debate. To add to this, Ms Mbete will act as President in the event of the success of the no-confidence-vote which makes her even more conflicted. 2. Activities on the day of the Motion of No-Confidence Regarding activities scheduled for the 8th of August, the date on which the vote on the no-confidence motion will take place in the National Assembly, we call all South Africans to converge in Cape Town and march to Parliament in support of a better South Africa without a incompetent President at the helm. Those who are not able to make it to Cape Town must engage in activities in their villages, townships and towns. We call on the entire civil society sector, religious institutions, traditional leaders, unions, and everybody, to stand up to a scandalous President. 3. Speaker’s worrying comments on the judiciary We are concerned about Ms Baleka Mbete’s accusations that certain judges are biased against her party. This undermines her duty to act as a liaison between Parliament as an institution and the other arms of State. This means that she still fails to separate her role as the head of the National Assembly and that of the African National Congress (ANC) Chairperson. 4. Attack on the media We, in the strongest terms, condemn the Black First Land First-led onslaught on journalists. We reaffirm our commitment to a free and independent media whose right, to keep the nation informed, is guaranteed by the Constitution. We denounce this emerging foreign culture of intolerance we witness these days. 5. The Judicial Commission of Inquiry on State Capture We call on President Zuma to demonstrate, for once, that he is true to his words; telling the National Assembly that he is about to announce a Commission Inquiry on State Capture. He should with immediate effect withdraw his court challenge on the Public Protector’s State Capture Report and announce the Commission as per the remedial actions of the Public Protector. 6. The racially divisive Bell Pottinger’s agenda We reject the so-called apology by a racist prone Bell Pottinger. The ANC and its Gupta sponsors must explain why they allowed such rampant racism to divide the Nation, using resources which should have been dedicated to bettering the lives of all South Africans. The ANC and its government must come clean and explain how they ended up in the pockets of this racist company. 7. Public Protector We condemn the conduct of the Public Protector in terms of the remedial actions affecting the Reserve Bank. Her flip-flops on the matter does not paint a picture of an incontrovertible Public Protector. We call on Advocate Busisiwe Mkhwebane to unequivocally apologise to the Nation and that she immediately stops turning this office into a political side show that serves the interests of a destructive faction within the ruling party. We also call on the National Assembly Justice Portfolio Committee to summon Advocate Mkhwebane to account for her actions, in this regard. 8. The work of the Independent Electoral Commission With a view to improve the freeness and fairness of the 2019 National and Provincial Elections, opposition party leaders wish to soon meet with the Independent Electoral Commission (IEC) to again discuss our perennial concerns; what their interventions are on that score; and also brief us on their state of readiness for 2019. 9. Party funding Public funding of political parties is a critical tool to foster a healthy multi-party democracy. We are however worried about the intentions of the ruling party; in particular after their losing some metropolitan municipalities in 2016 and with them facing a strong possibility of losing the majority in 2019 National and Provincial Elections. Our position is that we must ensure equitable allocation of resources to all political parties in terms of the current legislation. We must first establish a common interpretation and application of the existing legislation and once that is done, we can think about further funding, if necessary. 10. Security of leaders of political parties The issue of the privacy and safety of political leaders has recently come to the fore. Over the past few months many reports have surfaced of an alleged rogue intelligence unit spying on leaders. Most recently, the emails and documents obtained through the #GuptaLeaksshowed how the family spied on prominent South Africans. We have resolved to ask the Parliamentary Joint Standing Committee on Intelligence to request a briefing from the State security apparatus on the media reports; especially in cases where some leaders have apparently been targeted for assassination. Thank you By Mr Bantu Holomisa, MP On behalf of Opposition Parties represented in the National Assembly. Burgers Park Hotel, Pretoria on 13 July 2017
Honourable Ms Baleka Mbete, MP Speaker of the National Assembly PO Box 15 Cape Town 8000 Per email: speaker@parliament.gov.za Dear Madam Speaker YOUR REQUEST FOR INPUT FROM POLITICAL PARTIES ON A SECRET BALLOT ON THE MOTION OF NO CONFIDENCE IN THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA This matter has reference. 1. The context of the Constitutional Court judgement In giving the Constitutional Court’s unanimous judgement, on 22 June 2017, on the matter of the Speaker’s discretion to decide whether a vote on a motion of no-confidence (MONC) in the President of the Republic should be secret or not, Chief Justice Mogoeng Mogoeng stated the following: “South Africa is a constitutional democracy – a government of the people, by the people and for the people through the instrumentality of the Constitution. It is a system of governance that “we the people” consciously and purposefully opted for to create a truly free, just and united nation. Central to this vision is the improvement of the quality of life of all citizens and the optimisation of the potential of each through good governance.” About the power of those in public office the Constitutional Court said: “They are therefore not to be used for the advancement of personal or sectarian interests. Amandla awethu, mannda ndiashu, maatla ke a rona or matimba ya hina (power belongs to us) and mayibuye iAfrika (restore Africa and its wealth) are much more than mere excitement-generating slogans.” The context provided by these pronouncements is critical when considering whether the ballot on the MONC in the National Assembly (NA) should be secret or not. It means that any decision, which the Members of Parliament (MPs) in the NA makes, should be weighed in terms of the primary directive of improving the lives of all South Africans to the exclusion of “the advancement of personal or sectarian interests”. 2. Protection of MPs and their freedom fulfil their obligation to South Africans The question is therefore whether the NA MPs enjoy the protection and freedom to fulfil their Constitutional obligation to make decisions in the best interest of our people. In our submissions to the Constitutional Court, the United Democratic Movement (UDM) raised the issue of widespread intimidation of members of the African National Congress (ANC) in order to quell dissent within the party. There is a copious number of examples, as reported by the independent media, which detail the threats made on the person and employment of ANC MPs in the NA. These threats started right after President Zuma reshuffled his cabinet, and continue to this day. One cannot make the mistake of thinking these are idle threats. The Minister of Police announced, on the 29th of May 2017, that there had been thirty-three officially recorded politically motivated murders in the KwaZulu-Natal alone. We have not seen this level of political intolerance since the mid-nineties. As if this is not enough, during the ANC’s recent Policy Conference the very same Minister (who is also a member of the ruling party National Executive Committee (NEC)) described those NA MPs who may vote with the Constitution and the people of South Africa, as “suicide bombers”. A very violent analogy, to describe a potentially violent situation. The whole fracas around ANC MP Dr Makhosi Khoza’s point of view on the secret ballot is another case in point. Just today it was reported that her daughter received death threats from the same people intimidating her. Not only is she under threat, but her family too! On the 7th of July, the Chief Whip of the majority party in the NA threatened members of his party with disciplinary action if they dare to not toe the party line. If this is the level to which people will stoop, how can MPs vote without fear of what the Constitutional Court called “illegitimate hardships”. 3. “Proper and rational basis” for the Speakers decision on a secret ballot The UDM again refers you to the Constitutional Court’s judgement that states that: “There must always be a proper and rational basis for whatever choice the Speaker makes in the exercise of the constitutional power to determine the voting procedure. Due regard must always be had to real possibilities of corruption as well as the prevailing circumstances and whether they allow Members to exercise their vote in a manner that does not expose them to illegitimate hardships.” You have been given the responsibility, as the impartial Speaker of the House, to consider the quite unabashed intimidation already suffered by ANC MPs, as well as the threat of future adverse repercussions should the vote be open. These are not matters to be toyed with and we beseech you to apply your mind, being fully aware of 1) the entire ruling of the Constitutional Court and 2) what might happen to these public representatives if the ballot is not secret. 4. The UDM wants a secret ballot In conclusion, I wish to reiterate the arguments we placed before the Constitutional Court and stress the UDM’s point of view that NA MPs must be protected so that they may vote according to their conscience and therefore in the favour of our people. Yours sincerely Bantu Holomisa, MP UDM President
Statement issued by Thandi Nontenja – UDEMWO Secretary General The United Democratic Movement Women’s Organisation (UDEMWO) commends the police officials on the swift arrest of suspects who allegedly raped and horrendously hacked a 19 year old woman in Xhwili village near Mthatha, Eastern Cape. This attack is another example of the escalation of gender based violence that we are witnessing in South Africa at the moment. These swift arrests are a good sign. We hope that the investigation will shed light and that those involved will soon be brought to book. The perpetrators must face the wrath of justice for their inhumane acts. UDEMWO reiterates its call to Minister of Women in the Presidency Susan Shabangu whose silence is deafening. We want to see a functional department that make real changes in women’s lives. End
Statement issued by Thandi Nontenja – UDEMWO Secretary General The United Democratic Movement Women’s Organisation (UDEMWO) believes that the publication and circulation of pictures of a woman leaving a new born baby at the premises of a safe house in Goodwood, Cape Town, is not the correct way of handling this situation. It is quite possible that the Pink Ladies’ poster, and the subsequent sharing thereof, could put the woman in the photograph in danger. Vigilantism has to be considered and this woman may be good Samaritan, who will be persecuted. Even if it’s her baby, exposing her in this fashion makes a delicate situation untenable. Far too often, women behave in this manner when they feel that they don’t have any options and there are a variety of reasons; extreme poverty, teenage pregnancy, violent homes, rape, societal ridicule and shame, a patriarchal society, ignorance, as well as psychological considerations such as postnatal depression; amongst others. Societal inequalities unfortunately sometimes drive women to do desperate things and they require support, not condemnation. Also, if a safe haven’s trust with a community is broken, as would be the case with Ubuntu House, many women could feel forced to rather throw their new-borns in dustbins and pit toilets. The Department of Social Development should do more to address this scourge in our society. In the same breath, the bigger picture should be addressed and Government has a responsibility to help our people to live safe and responsible lives in an environment that is conducive to economic independence and stability of each and every household. End
Statement issued by Bongani Msomi – UDM Secretary General The United Democratic Movement (UDM) reiterates its call for harsher punishment of those found guilty of abusing and murdering women and children. There also has to be stricter bail conditions, before such criminals are set loose on society. In these regards, the justice system has been failing women and children for years and years. It is said far too often, that criminals have more rights in South Africa, than the victims of crime do. In the case of gender-based violence and sexual offenses, the damage victims suffer is permanent and the offenders more or less walk away scot-free, or are not punished hard enough. There is a perception that the reoffending rate of rapists and murderers is high and one wonders if the reform and rehabilitation these offenders undergo in prison is really effective in preventing future crimes. The recent incident where scantily dressed women all but stripped for the inmates of the Johannesburg B prison is utterly shocking. Many of these men are said to be guilty of violent crime and are murderers and rapists. Our correctional services are definitely not correcting anything in this fashion. In addition, the efficacy of the National Register of Sex Offenders is questionable. Having limited public access to the register is not good enough. Although some would argue that citizens might become vigilantes and persecute sexual offenders if the register was freely available, there must be a balance between their right to privacy and citizens’ rights to be safe; we need to know whether we live amongst murderers and rapists. End
Statement issued by Bongani Msomi – UDM Secretary General The Department of Correctional Service does not cease to amaze. In February this year, the Gauteng Community Safety MEC Sizakele Nkosi-Malobane splurged more than R60 000 of taxpayers’ money treating prisoners at Leeuwkop (Midrand) to a KFC meal. A week ago, Tourism Minister Tokozile Xasa caused an uproar when she presented 30 laptops to inmates of the Kgosi Mampuru II prison in Pretoria (with 70 more laptops to be handed over to incarcerated criminals in future). What does tourism have to do with corrections? Besides, why give laptops and not stationary, locked-down computers in a laboratory setting? One wonders what the insurance payment for these laptops are, or does the Minister consider it a write-off? The worst of these examples of a dysfunction correctional system, is the publicly available photos of what can only be described as a salacious strip show, that inmates at the Johannesburg’s Medium B prison had the pleasure to participate in – and that in the name of Youth Day! This is wrong on so many levels, one does not know where to start. We hope that the Department of Corrections’ investigation gets to the bottom of this inappropriate event and that the organisers (especially if prison officials were involved) suffer some punitive consequences. The UDM believes that imprisonment is not supposed to be a joy-ride. Yes, inmates should be given an opportunity to rehabilitate themselves, but such incongruent Government interventions do not make any sense. Instead of imprisonment being a crime deterrent, potential offenders will see these as perks of imprisonment; not only do you get a roof over your head and three meals a day, but you can eat take-aways, keep your Facebook profile updated and watch scantily clad women dance. This clearly shows that the ANC-led government, with its departments, continue to dismally fail citizens. End
Regarding the Auditor-general’s latest report on the local government audit, the United Democratic Movement (UDM) notes that there were only marginal improvements in local government audit results. We are however concerned that 14 municipalities lost their clean audit status, while only 9 cleaned up their acts. It simply means that good governance at local level, and effective municipal management, is moving in the wrong direction. It is heartening that the Auditor-general’s office, as a Chapter 9 institution, seems to be doing its job without fear or favour and does not shy away from fulfilling its Constitutional mandate. Statement issued by Mr Bongani Msomi – UDM Secretary General The UDM is on record regarding Government’s over-reliance on consultants and it is discouraging to hear that consultancy fees for financial reporting services increased to R838 million. The greatest worrying factors are that: 1) Municipalities spend more than they have, their current liabilities exceed current assets at year-end, debtors are not paying or delay payment, as well as late payment of creditors. 2) There has been no improvement on the perennial concerns of the Auditor-general about contracts awarded to employees, councillors, their families and other state officials. 3) Even though fruitless and wasteful expenditure is down 21%, irregular expenditure has increased by just over 50%, which the Auditor-general said was “the highest since we started tracking the values”. Given the yearly damning observations, the UDM doubts if councils and municipal administrations take the Auditor-general seriously. The Auditor-general is simply ignored and the powers-that-be go about their merry ways without caring about the implications of their looting of State coffers and failing management. There are no repercussions for failing municipal administrations, and the UDM believes it might be necessary to have an Auditor-general with teeth. The UDM also notes an interesting trend regarding fruitless, wasteful and irregular expenditure by the Government; in particular at local sphere. This trend is mostly expressed during a year of general elections (national, provincial and local) as well as in a year of the conferences of the African National Congress (ANC) and its Alliance Partners. This trend is manifested in this year’s report, with the year preceding being Municipal Elections. We will not be surprised to notice a spike in expenses when, this time next year, another report is issued after the conferences of the ANC and its Alliance partners. The UDM will consider investigating this trend to establish whether public monies are not being used to fund internal political party programmes. If this is the case, it will be proof of yet another thievery. It is easy to look at the figures presented by the Auditor-general as list of amounts, but one must never forget that there are billions of Rands involved each year, which should be spent on bettering the lives of South Africans and not lining the pockets of the few.
Statement issued by Bongani Msomi – UDM Secretary General The United Democratic Movement (UDM) is saddened by the dire situation of the shortage of healthcare practitioners especially the medical practitioners and material resources at public or state hospitals in KwaZulu-Natal. We have heard too many stories of specialists, general practitioners and nurses who leave public service in search of greener pastures in the private sector and outside the country. What is more disturbing is the failure of the Department of Health to absorb doctors after completing their internship/community service in the state health facilities. We have doctors who are sitting at home because the government led by the ANC continues to fail in performing. This government seemed to be failing to understand that doctors provide essential service. To make matters worse, the Department of Health prefers to waste taxpayers’ money by paying agencies or labour brokers which hire temporary nurses. Government is also hiring on ad-hoc basis oncologists and radiotherapists from the service providers. The nation is sick and tired of the excuses made by the Department of Health for its poor performance whilst patients are dying. It is also disturbing that the KZN Health MEC Dr Sbongiseni Dlomo has credentials for the liberation struggle but he seemed to be failing to service his people and the nation. One would expect a better performance from him. He must resign and accept that he has failed. Patients deserve better.