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SASSA Constitutional Court judgement is an indictment of the Zuma Administration

Statement by Bantu Holomisa, MP and UDM President The United Democratic Movement (UDM) notes the Constitutional Court’s instruction that the South African Social Security Agency (Sassa) and Cash Paymaster Services (CPS) are under obligation to continue to pay social grants on 1 April until another entity is able to do so. The ANC government has more-or-less blackmailed the Constitutional Court, for if it should have happened that social grants were not paid on time, Government could conveniently shift the blame for the non-payment to the Constitutional Court. It is however worrying that our Country is effectively being run via the court room, because the Zuma Administration time and again fails to perform its duties. It is clear that President Zuma, and his cohorts, are holding onto their positions of power for one reason only: to further loot the Country’s resources at the expense of the taxpayer. Forget, for a moment, all the other examples of this phenomenon and be conscious of the fact that the Sassa/CPS-debacle is especially reprehensible, because it happened at the expense of the most vulnerable in our society. If not for the Constitutional Court’s intervention, where would we be? This situation is an embarrassment for South Africa and the Zuma Administration (and Social Development Minister Bathabile Dlamini in particular in this instance) has again brought the country into disrepute. Their behaviour shows a lack of respect for the court. There is no accountability and worse, no consequences for those in power when they so spectacularly fail. The message to those who voted for the African National Congress (ANC) is clear. President Zuma, his Executive and the ANC have no respect for South Africans – nor do they have sympathy or show remorse. The ANC has clearly lost the plot and this arrogance can only be addressed in one way, cast your vote elsewhere. You have the capacity to punish the ANC for these misdeeds; come 2019 make proper use of your cross.

Human Rights Day 2017 debate

Address by Mr LB Gaehler, UDM Member of Parliament in the National Council of Provinces: Eastern Cape Honourable Chairperson, and Honourable Members The United Democratic Movement (UDM) acknowledges that we, as a Country, have come far in terms of ensuring that all South Africans enjoy equal human rights. For that we are thankful. However, in its January world-report, Human Rights Watch said that South Africa “continued to face a number of human rights challenges” and that the public confidence in Government’s ability to deal with these challenges has eroded. This revelation must be looked at against an international backdrop of the rise of populist, authoritarian leaders who pose a threat to human rights across the globe. The UDM holds the view that human rights violations include corruption and the lack the respect for the rule of law. As we debate in this House, we find a typical example of this unfortunate reality, where millions of poor South Africans (whose livelihood depend on social grants) have pinned their hopes on the Constitutional Court to defend their right to social security. Government has – instead of creating this hope – jeopardised the rights of the most vulnerable of our people. The actions of Government have created panic and anxiety, and instilled the fear of perpetual poverty. Every South African is entitled to economic, social and cultural rights as entrenched in the Constitution. These rights are indispensable to his or her human dignity. The UDM believes that poverty is the greatest of human rights violations and it must be treated as such. The high levels of poverty, gross economic and social inequality, as well as chronic unemployment and corruption, are the enduring realities in our country that, in practical terms, cast doubt on whether South Africa is indeed a country for all her people. In the midst of plenty, some are still unable to enjoy even the minimum level of food security, water and electricity, quality education and healthcare, as well as shelter. This is not only as a result of a depressed economy, but also unwillingness, wilful negligence and/or discrimination on the part of both the public and private sectors. Yesterday, we witnessed this kind of gross negligence and arrogance in the Constitutional Court. Those on the margins of society are overlooked and are made prisoners of poverty, rather than prisoners of conscience, enduring the torture of hunger and a slow death from preventable causes. Chairperson, given the interconnected nature of all human rights violations, we need a comprehensive and holistic approach in engaging with the economic, social and cultural rights of our people. Before we can celebrate human rights, more needs to be done before our people can fully enjoy their rights. I thank you

Deductions from SASSA monies – Follow-up question to the President by Bantu Holomisa

Question: 4 from Ms. L. L. van der Merwe (IFP) to the President Original Question: What steps does he intend to take against the Minister of Social Development who has allegedly led her department into a national grant pay-out crisis which puts the lives of the most vulnerable citizens at risk and allegedly shown a complete disregard for the rule of law and the Constitutional Court ruling of 2014 which declared the CPS/NET1 contract invalid and what lessons has the Government learnt from the looming grant crisis? 1. Mr. President, a word of gratitude must go to our civil society organisations, such as Black Sash and Freedom Under Law, for their resilience in advocating for the poor in the social grant crisis, which includes: • the alleged irregular use of personal details captured in a database in CPS’s possession, • the unauthorised selling of airtime to unsuspecting beneficiaries, • as well as other illegal deductions, which reportedly amount to no less than a whopping R500 million a month. Would it not be prudent for your government to approach the courts to issue an order that will empower government and enable beneficiaries to recoup the monies that were illegally taken through the illegal CPS/NET1 contract?

SA Social Agency’s grant payment crisis and the steps taken to deal with the matter

Honourable Speaker, and Honourable Members South Africans and, in particular, the poorest of the poor (whose livelihood by right) depend on social grants, must now place their hopes on the Constitutional Court to defend their rights and restore their dignity. The Constitutional Court must force our embarrassed government to pay the beneficiaries and to do so on time. Under normal circumstances, this matter should have been occasioned by an investigation of a judicial commission of inquiry. However, knowing who has to effect such an inquiry, we may as well forget about it. Hence, all hope is pinned on the Constitutional Court. The United Democratic Movement hopes that the Constitutional Court will issue a judgement that will restore the rule of law instead of a rule by law, wherein the powers of the accounting officers will be respected and the political interference by the executive authorities will become a thing of the past. The unscrupulous manipulation by politicians and the reported interference by the advisors of the President and the Minister of Social Development, undermining the role of appointed officials, is a clear demonstration of an irreparably corrupt government. The political directives that are interfering with the procurement processes are in fact corrupt transactions. It is the same Minister who, when her colleagues drove cars to a funeral of a late senior commander of uMkhonto we Sizwe in Willowvale, flew in a helicopter accompanied by the beneficiaries of the Cash Paymaster Services (CPS) contract. “Who hired this helicopter?” I asked myself, as I was present at the funeral and saw at the spectacular landing. We want answers. I thank you

The UDM on the recent increase in farm murders and farm attacks in South Africa

Address by Mr ML Filtane, MP in the Parliament of the Republic of South Africa Honourable Speaker and Honourable members I wish to preface my contribution to this debate by saying that the United Democratic Movement (UDM) is keenly aware of the plight of farmers who have fallen victim to what we generally call “farm attacks”. The UDM, without reservation, condemns these acts of violence and murder, and lawlessness that has the daily characteristics of our communities but we wish to direct your attention to “another kind” of “farm attack”. On Friday the 25th of March 2016 – on a Good Friday – and ironically in Human Rights Month, a six-year-old boy was attacked by a baboon on a farm near Richmond; leaving him in critical condition. In addition to the attack on a human being, the baboons had endlessly destroyed the crops of the families living on the land. They were continuously exposed to physical danger and food insecurity, thus degrading their humanity and condemning them to poverty. The UDM is still repulsed by reports that the farmer had ignored the multiple warnings of the farm dwellers. The recent shooting of a farmworker in Limpopo by a farm owner claiming to have mistook him for a monkey, is another example of where farm workers and dwellers are treated as less than human. These examples are a clear indication that the relationship between farm dwellers, workers and owners, is at its lowest ebb. The lives of farmworkers and dwellers are not taken seriously by the land owners and they even give animals better treatment, and protection, than they do their workers whom they pay meagre wages. The South African Human Rights Commission (SAHRC) confirmed these observations when they briefed the Portfolio Committee on Rural Development and Land Reform in February 2017. They conducted site inspections, some unannounced, on farms throughout the Country and found, amongst others, that: • There is a challenge in accessing privately-owned farms in the Western Cape, Mpumalanga and Limpopo; • There have been several complaints relating to water and sanitation access on farms; • There has been a lack of access to food and electricity for farm dwellers; • Several farm families were allegedly forcibly removed from a farm in the Breede River Valley and placed in an informal settlement known as Spookie Town; and that • In Limpopo there is a prevalence of hate speech where farm workers are still called by the k – word. Farm workers and their families must be freed from continuous physical, social and economic isolation. Government needs to speed up its programmes aimed ensuring that farming families have access to services such as schools, healthcare, decent housing, water, sanitation and others. As a society, we must continue with our efforts to ensure the peaceful and mutually beneficial co-existence of farmers and farm workers; including the surrounding communities. A stern warning against the violation of human rights on farms must be issued. This kind of behaviour must be rejected by all of us and it must come to an end. An integrated approach must be adopted to ensure that the lives of farmers, farm workers and dwellers are supremely respected. It is time for us to join hands in the movement that work towards finding lasting solutions to the socio-economic challenges that face the farming communities in our country. South Africa must belong to all who live in – it both in word and in deed. Thank you

SASSA social grants chaos: Zuma and Dlamini must go

The United Democratic Movement (UDM) finds the revelations by today’s Sunday Times as damning of President Jacob Zuma, as it is of Minister of Social Development Bathabile Dlamini. The Minister acted on the basis of unsolicited advice from the President’s special- and legal adviser, Mr Michael Hulley, and despite the concerns and protestations of developmental officials and the South Africa Social Security Agency (Sassa). She undermined and defied the sound legal advice of one of the most renowned legal minds in South Africa, Advocate Wim Trengove SC, as well as other independent lawyers. The arrogance displayed by the Minister since this chaos became public, as well as the uninvited intervention of Mr Hulley, suggests that the President’s hand is at the centre of the crisis. The big question is: Who mandated Mr Hulley to attend meetings uninvited and unwelcome? His boss must answer this. The state law advisors seem to not have been involved throughout this process, yet Mr Hulley spends time doing what he is not appointed for. One would have expected the state lawyers, internal departmental and Sassa legal advisers to advise the Minister. It is very clear, that the Minister and the Office of the President have direct interests in making sure that the Cash Paymaster Services (CPS) contract is extended regardless of the legalities and the Constitutional Court order. This is another example of clear manipulation of the process, intended to grossly undermine the rule of law and accountability. The centrality of the President, through his adviser, means that he is part of this chaos. We were not surprised by Mr Zuma’s recent response to the loud call of South Africans to release the dubious Minister from her responsibilities. The fact that the President has decided to side with the Minister means he too is at fault. Clearly, the President and his minister are showing South Africans, the Constitutional Court and, in particular, the social grants beneficiaries the middle figure. It is for this reason that the UDM calls for the immediate resignation of both President Zuma and Minister Dlamini. If the African National Congress (ANC), as is always the case, fails to remove these questionable characters from service, South Africans must vote the ANC out of power in 2019 for its failure to put South Africa first. The ANC has always put itself and its corrupt leader above the interests of South Africans. It spouts words in favour of the people, yet its actions are against the people. Even this morning the ANC was on national television launching its so-called new policy proposal, yet their President and his faction are busy with faction battles and bankrupting the country.

Consideration of 2017 Fiscal Framework and Revenue Proposal and Report of Standing Committee on Finance – address by Mr ML Filtane, MP

Honourable Speaker and Honourable members The United Democratic Movement (UDM) supports the 2017 Fiscal Framework and Revenue Proposal and the Report of the Standing Committee on Finance. We appreciate that the Minister, as always, tried his best, notwithstanding the difficult circumstances occasioned by the bold call from the President for a budget that responds to the Radical Socio-Economic Transformation path as adopted by government. This was a very difficult expectation given the hard fact of a government which is wrestling with an unprecedented national debt challenge post the dawn of democracy. Consequently, and with respect to the land question, the budget failed to create hope for a speedy transfer of land to its rightful owners. This was further exacerbated after the ruling party subsequently objected to the possibility to expropriate land without compensation and or with compensation only to the improvements made in the land. There was no budget for extension of land expropriation beyond the Constitutional limit of 19 June 1913. Had we agreed to amend the Constitution, we would be talking a different story. Although the Minister had difficulty to manoeuvre for a radical budget, he has however confirmed that our monies as South Africans are in good hands. That is what all good citizens of this country at least want, in particular during such difficult time, when the economy is struggling to grow. People are jobless, poverty is on the rise and individual debts are the order of the day. This therefore brings an urgent challenge to the Minister, his colleagues in the Executive, the industry, civil society and citizens in general, to ensure that our economy grows and reduce the ratio between the revenue base and the debt. The austerity measures that were announced are welcome. However, government must implement these without compromising on the delivery of basic services to the poorest of the poor. Taking advantage of, amongst others, corporate income tax, government, working with industry should consider financial awareness campaigns at schools and communities in general. When society has an economy that is not growing, and citizens are heavily indebted, that then creates a deeper crisis and possible collapse of the entire economy and the nation. Lastly, the UDM still believe that it is possible to provide fee free higher education and training in particular for the poor, and that this has not been provided for. We, however, welcome the steps taken to improve the chances of our children achieving a degree without a crippling debt burden, post qualification. Thank you  

Integrity in the Public Sphere – address by Mr B Holomisa, MP (UDM President)

• Dr Marianne Camerer, chair of this panel discussion • My co-panellist, Judge Albie Sachs • Colleagues and Emerging African Leaders 1. Learning integrity throughout my life I started my journey with integrity when I first learnt of trust, and accepting personal responsibility, as a herd-boy. Without these values, the cattle were not properly tended to and brought home safe in the evenings. In the early Seventies, I attended the Jongilizwe College for the Sons of Chiefs and Headmen. Here, teachers like Dumisa Ntsebeza (who in 1995 emerged as a Commissioner of the Truth and Reconciliation Commission (TRC)), taught us to be informed citizens. And, in the Mqanduli congregation of the late Anglican Reverend Bacon, I was taught duty and the social value of disciplined personal conduct. I was lucky to have had sound people in my life who taught me the value of integrity in personal life. The basics was therefore in place and applying these principles in my public life was a natural extension. I would be remis if I don’t give thanks for Madiba’s role in my life. He made such great sacrifices for his convictions. His endeavoured to live a life of integrity. I am not saying that he was infallible – he was but a man after all – but I learnt from his courage and perseverance. 2. Living integrity: the Transkei years My career in the military is a matter of public record. But please understand that it was the principles of integrity and having the courage of one’s convictions, that guided me in the decisions we took in 1987, which led to the Transkei being ran by Military Council. It was these values that steered us to unban 33 liberation organisations in the late Eighties and the release of all political prisoners. We did our best to “do the right thing”. But also, understand that those years were not easy and to stick to one’s proverbial guns meant that my life had been under threat many times. During these turbulent times, I remained conscious of the principles and standards of personal conduct instilled me by my childhood protagonists. 3. Political life in the New South Africa In 1994 I was elected to the ANC National Executive Committee and was the Deputy Minister of Environment and Tourism under Madiba’s leadership. But, after testifying at the TRC, I was expelled in September 1996. Once again, my principles landed me in hot water. I was in essence expelled after the ANC’s national disciplinary committee found me guilty of bringing the party into disrepute, because I had made reference to an historical event of corruption in the Transkei government era whilst I was justifying to the TRC why the families of deceased soldiers, who had been killed in a 1990 Pretoria-sponsored abortive coup, had to be compensated. In late 1996, I started on the road to the formation of the United Democratic Movement (UDM) when we consulted South Africans on the need for a new political party. Our National Consultative Forum met with Roelf Meyer’s New Movement Process, and the rest is history. Amongst the aims and objectives listed in the UDM Constitution is: “The Party shall fight corruption and restore the confidence of the people in all Government structures”. We have batted on this wicket since 1997 and, what it means is that, integrity in public life is at the core of our work. 4. South Africa today: the lack of integrity in government leaders The drafters of our country’s Constitution had the founding father of our democracy, Tata Mandela, firmly in their minds when they finalised their work. They made the reasonable assumption that all future presidents would always put South Africa first; respect the rule of law and uphold the Constitution. Thus, keeping the integrity of public office in good standing. Recent events (some-of-which were confirmed by the Constitutional Court regarding the need to preserve and protect the integrity of the public office and in particular by the Head of State) have proven the contrary. In the context of Chapter 5 of the Constitution, and other relevant legislation, there is a remarkable concentration of the President’s power of appointment – in particular that the President does so with his exclusive discretion. This observation is important. We know that both the Public Protector, and our courts, had to be invited to adjudicate in the rationality of several of the President’s appointments. Ministers have been found wanting when it comes to the keeping their offices in good esteem. The Minister of Social Development, who presides over a sensitive portfolio, does so without integrity. She is a self-confessed fraudster who misused flight tickets to a value more than R200 000. Maybe the system we use to appoint public office bearers, like ministers, needs review? Firstly, our electoral regime must give power to citizens to directly elect their head of state and public representatives. Secondly, we may need to introduce a system akin to other countries, where ministers are subjected to scrutiny by a multi-party forum before they are appointed. Generally, it seems as if the moral fibre of our society is in dire straits. The cancer of deceit and scandal has permeated to all sectors of society. In schools, we see male teachers harassing girls instead of imparting knowledge and teaching them responsibility. In religious communities, we see strange things where people are sprayed with Doom and fed snakes instead of being taught the values of trustworthiness, integrity and honesty. Politicians and public officials are misusing public money and they are awarded public money to defend their wrongs, even when the issues at hand are personal rather than departmental. 5. Accepting the role we play as leaders: living by example If you know something to be wrong and you accept personal responsibility for your conduct, what remains of your integrity if you go ahead and do that wrong thing? On the other hand, what remains when you know the right thing to do and you don’t do it? When confronted by such clear and gross wrongs as I was in Transkei and later in the ANC, I was incapable of acting contrary to my very deep convictions – and never will be. Of course you have to survive in life and especially in political life. You need to be flexible where flexibility is required, when it is possible. But the ultimate test for survival in human terms is whether you can live with your conscience. So far, I have managed to survive. I hope, when looking at my life as an example, you will feel inspired and have the courage to try to do what is good and what is right. I thank you   Delivered at the Building Bridges Leading in Public Life – Emerging African Leaders Programme 2017 UCT Graduate School of Development Policy and Practice 5th – 17th March, Cape Milner Hotel Cape Town