Admin
07 Apr, 2016
Bantu Holomisa writes to Speaker of the NA regarding disciplinary inquiry: President Zuma
Dear Honourable Speaker REQUEST FOR A DISCIPLINARY INQUIRY AGAINST PRESIDENT ZUMA The above matter has reference. Following the scathing Constitutional Court judgment delivered on the 31st of March instant, and found amongst others: “Consistent with this constitutional injunction, an order will thus be made that the President’s failure to comply with the remedial action taken against him by the Public Protector is inconsistent with his obligation to uphold, defend and respect the Constitution as the supreme law of the Republic; to comply with the remedial action taken by the Public Protector; and the duty to assist and protect the office of the Public Protector to ensure its independence, impartiality, dignity and effectiveness”. A barrage of vicious attacks was meted against the office of the Public Protector and the Public Protector, by amongst others, members of the National Assembly; to a point of accusing her of misleading the nation. This grave misconduct has adversely affected the operations, performance and effectiveness of the Public Protector. Notwithstanding the clarity given by the Constitutional Court, the President, in his public half-hearted apology, failed to express himself on this matter of national interest. In July, justice portfolio committee chairperson Dr. Mathole Motshekga told the Nkandla ad hoc committee: “We should not, and cannot, apologise when we say the report of the public protector is misleading and has misled the nation.” The National Assembly Portfolio Committee on Justice and Correctional Services, led by the chairperson, Dr. Mathole Motshekga and Ms Thandiswa Mahambehlala brutally attacked the person of the public protector. This may have led to the economic embargo against the office of the Public Protector. News 24 reported on the 3rd of April 2016; attribute the following to the Speaker of the National Assembly, Ms Baleka Mbete; “Now I don’t know who owes the public protector an apology about what because as far as Parliament is concerned, the situation has been explained,” she said. It is my considered view, that the National Assembly has a Constitutional obligation to hold the President accountable on this matter. He has the duty to assist and protect the office of the Public Protector to ensure its independence, impartiality, dignity and effectiveness. Further, the Constitutional Court found, against the President: “Consistent with this constitutional injunction, an order will thus be made that the President’s failure to comply with the remedial action taken against him by the Public Protector is inconsistent with his obligation to uphold, defend and respect the Constitution as the supreme law of the Republic; to comply with the remedial action taken by the Public Protector; and the duty to assist and protect the office of the Public Protector to ensure its independence, impartiality, dignity and effectiveness”. Schedule 2 of the Constitution under Oath or solemn affirmation of President and Acting President provides: “The President of Acting President, before the Chief Justice, or another judge designated by the Chief Justice, must swear/affirm as follows: In the presence of everyone assembled here, and in full realisation of the high calling I assume as President/Acting President of the Republic of South Africa, I, A, B., swear/solemnly affirm that I will be faithful to the Republic of South Africa, and will obey, observe, uphold and maintain the Constitution and all other law of the Republic; and I solemnly and sincerely promise that I will always – promote all that will advance the Republic, and oppose all that may harm it; protect and promote the rights of all South Africans; discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience; do justice to all; and devote myself to the well-being of the Republic and all of its people”. The President has on numerous occasions, and with regard to the report of the Public Protector and the security upgrades at his private homestead; made statements in the National Assembly, which were not accurate and may be bordering on perjury. To date, the nation as has not seen, the size and colour of a piece of paper purporting to be a bond that the President told the National Assembly funded his private home. Access to this document was never granted to the Public Protector as reported. Above all, the President had the audacity to come to the National Assembly and made mockery on a matter affecting the whole nation. We can all remember him infamously saying “…Nkandla – Nkandla! Owu Thixo – wa-se – George – Goch!” Accordingly, it is my considered view that the National Assembly is enjoined to institute a disciplinary enquiry against the President, in order to ascertain the gravity and the seriousness of the conduct of the President, as determined by the highest court of the land. In this regard, I propose: That a disciplinary enquiry be instituted against the President to: 1.1. Investigate whether the President has not misled the National Assembly with regard to his pronouncement on the security upgrades in his private homestead as well as the report of the Public Protector; and 1.2. Investigate the gravity and seriousness of the conduct of the President as determined by Constitutional Court on the 31st of March 2016, and in line with section 89 (1) of the Constitution. That the composition of the disciplinary enquiry be made up of three retired judges given that the National Assembly is conflicted, and that its findings should only be subjected to a review by a court of law where necessary. That a Multi-Party Committee be established to conduct a review of the current legislation governing security upgrades for public representatives in order to avoid further occurrence. That the National Assembly, set up a process that will immediately address the economic embargo meted against the office of the Public Protector and ensure that it is sufficiently resourced to be able to discharge its Constitutional obligations independently, impartially, effective and with dignity. Finally, the National Assembly has no choice but to hold the President accountable. Failure to do so, will send an unfortunate message to many other entities, that since the President was never held accountable, no one will have consequences for misleading the National Assembly under oath. Kind regards Mr. Bantu Holomisa, MP President of the United Democratic Movement
Admin
06 Apr, 2016
Our freedom and democracy on the verge of collapse: What is to be done?
Statement by Mr. BH Holomisa, UDM President Yesterday, the 5th of April 2016, the ANC members of the National Assembly have once again violated their oath of office and acted in contempt of the Constitutional Court. Led by the Deputy Minister of Justice and Correctional Services, John Jeffery, they argued that there was no order to impeach Mr. Zuma, knowing fully well that the court would not do that. Once again and in abuse of their majority, they have refused to hold the Executive to account, by so doing defying to execute their constitutional obligation. ANC members of the National Assembly must be reminded that South Africa is not a majoritarian democracy but a Constitutional Democracy. Whilst the national legislature was breaching its oath of office, Mr. Zuma tells South Africans that he has not violated his oath of office, yet the Constitutional Court found on paragraph 103 of the judgment: “Consistent with this constitutional injunction, and order will thus be made that the President’s failure to comply with the remedial action taken against him by the Public Protector is inconsistent with his obligation to uphold, defend and respect the Constitution as the supreme law of the Republic;…”. On Sunday the 3rd of April 2016, Ms. Baleka Mbete, purporting to be speaking on behalf of the National Assembly, said to the nation; “We never violated the Constitution, there is no such statement in the Constitutional Court Judgment”. Paragraph 104 of the judgment reads, “Similarly, the failure by the National Assembly to hold the President accountable by ensuring that he complies with the remedial action taken against him, is inconsistent with its obligation to scrutinize and oversee executive action and to maintain oversight of the exercise of the executive powers by the President”. One of the primary functions and constitutional obligations of the legislature is to hold the executive accountable on behalf of citizens. On Monday the 4th of April 2016, the ruling party announced that it has accepted the half-hearted apology by Mr. Zuma and instructed its members of the National Assembly, to defend a dubious character in our body polity. The ANC therefore has instructed its members of parliament to violate the constitution and disregard the court’s findings. It is an accomplice in this crime. All of this has confirms, that the ANC has indeed, and as Zuma once said, that the ANC comes first and the country last. It has opened a wide door for a massive looting of public resources, a rule by a mob, an undermining of the Constitution and the rule of law. Our country is surely gravitating towards a lawlessness society. This is a reality we cannot allow and must be stopped now. The time for South Africans to reclaim their freedom and defend democracy is now. In defense of our Constitutional Democracy, we need: A ground-swell of all citizens, from the religious, traditional, academic, labour, business, civic, non-governmental, issue based organisations and all organs of civil society. A National Movement of the people reclaiming their freedom and defending their Constitutional Democracy, must have a national coordinating structure, duplicated in provinces, districts, locals including in suburbs, townships, informal settlements and villages. At the center of this movement should be: The call for an immediate resignation of Mr. Zuma; Dissolution of Parliament; Establishment of an Interim Government; Creation of a fair and transparent party funding legislation; and A reform of the Electoral Act. The Electoral Act has to be reformed in order to: Allow for a balance between the constituency and proportional elected representation system; Allow citizens to directly elect the State President; Ensure that candidates for cabinet position are vetted before appointed; and Enable Parliament to appoint an independent Speaker who is not accountable to a political party. The role that the civil society can play in building and strengthening democracy is powerful because, it includes the entire range of organized groups and institution that are independent from the state, voluntary, and at least to some extent self-reliant. Civil society have demonstrated respect for the law, for the rights of citizens, and for the constitution. In this regard, and unlike during the apartheid years, the security forces should refuse to be used to suppress the voice of the people. When people engage in lawful actions, and whose intentions are to build and sustain democracy, they should not be suppressed. In this way I am of the opinion that the people of South Africa will be able to talk in one voice and in unison and take charge of their destiny. Let the people reclaim their freedom. End
Admin
05 Apr, 2016
Debate on the Removal of President in terms of section 89(1)(a) of the Constitution
Debate on the Removal of President in terms of section 89(1)(a) of the Constitution ADDRESS BY Mr BH Holomisa MP in the National Assembly Fellow South Africans, The fact is, the Constitutional Court has found Mr Zuma and the National Assembly to have failed to uphold, defend and respect the Constitution. Today South Africa finds itself with two organs of state that have lost the moral authority to be representatives of the people of South Africa. Mr Zuma’s unlawful actions, have sunk the Executive, the National Assembly, the nation and his political party and have put the country is at crossroads. The responses from Mr Zuma and Ms Mbete together with their accomplices to this constitutional crisis, have displayed a serious contempt of court. The key question that faces the nation is – what is to be done? The United Democratic Movement recommends that: 1. South Africans from all sectors of society should urgently meet and reclaim their freedom by developing and adopting a Programme of Action which will, amongst others, include. 1.1. An immediate resignation of Mr Zuma – failing which the citizens must cause him to be criminally charged; 1.2. An immediate dissolution of parliament; 1.3. An immediate establishment of an Interim National Government; 1.4. The reform of the Electoral Act; 1.5. A fair and transparent party funding legislation; and 1.6. The holding of National General Elections within six to eighteen month time; Consultation with the citizens must produce an electoral system that creates: 1. A balance between the constituency and proportional elected representation systems; 2. A direct election of the State President by the electorate; 3. A vetting of candidates for cabinet positions; 4. An appointment of an independent Speaker of Parliament from outside of party politics. Let the voice of the people be heard. I thank you
Admin
04 Apr, 2016
Bantu Holomisa writes to Thuli Mandonsela with request for an addendum of costs for Nkandla
Dear Advocate Madonsela REQUEST FOR AN ADDENDUM TO THE COSTS OF NKANDLA New details have emerged of how state funds were used to buy fittings, fixtures and building materials for private residence of the President. I am aware that your office was not granted access to this information, however, it is now in the public domain. The former Deputy Director General of the Department of Public Works, Rachard Samuel, is reported to have compiled a dossier revealing the following as costs that were paid by the department towards the private renovations of the private residence of the President. According to the Sunday Times report of the 27 March 2016, Rachard Samuel listed costs, totalling to a whopping R4, 6 million which is broken down as follows: 1. R1.5-million for air-conditioning at two private houses, a guesthouse and a guardhouse. This is apart from the R5-million for air-conditioning detailed in your report and that of the Special Investigating Unit (SIU); 2. R311, 932 for covered walkways between private residences; 3. R54,721.20 for six meranti doors and 26 meranti window frames; 4. R11,850 for hinges and bolts, doorstops, stainless steel hat-and-coat hooks, and six doormats that cost R1500 each; 5. R34,834.80 for aluminium sliding doors – without bulletproof glass – and other aluminium installations; 6. R38,517 for bulletproof sliding doors; 7. R63,215 for plastering materials, R23,300 for tiling and R41,406 for painting internal and external walls; 8. R271, 796 for carpentry and joinery, including roof construction; and 9. R2.4 million for “extras”. I believe, that your office has the authority to summon this information, and approach the Office of the Chief Justice for a proper guidance on how to deal with the new exposé. If this information is true as I believe, then it should help the National Treasury in making a proper determination of the costs to be personally paid by the President. I look forward to a favourable consideration of this request. Kind regards, Mr Bantu Holomisa, MP President of the United Democratic Movement
Admin
31 Mar, 2016
UDM reacts to Concourt ruling on Nkandla
Statement issued by UDM President Bantu Holomisa, MP The damning Constitutional Court judgment against President Zuma and the ANC dominated National Assembly are a vindication of a position that the United Democratic Movement (UDM) has always held: that the African National Congress (ANC) has given the country a dubious person in the name of a president. Today the Constitutional Court has confirmed that this man is a danger to the constitution and our constitutional democracy. In doing this he is supported by a large team of ANC marshals occupying seats in the National Assembly whilst directly taking instructions from Luthuli House as voting cattle. Mr. Zuma has broken his oath of office and the National Assembly has failed to discharge its constitutional responsibility and hold him to account. We repeat that: South Africans are not electing the President of the country but a political party. The ANC has given us this dubious character whose disregard of the rule of law has been confirmed by the highest court of the land. The ANC must therefore come to its proper senses and fire the embarrassing President. He has no capacity to protect the constitution, our economy and certainly cannot be trusted with the resources of the people. Throughout his term of office, he has brought the country into disrepute and collapsed its economy creating a hopeless society whilst his pockets and that of his family are filled with people’s monies. End
Admin
23 Mar, 2016
UDM appeals for good behaviour on the roads
As we are all going to the Easter holiday, we know that there are drivers who will put the lives of the innocent commuters at risk. Most accidents are caused by those driving under the influence of alcohol, driving tired, driving at high speed, vehicles that are not roadworthy and/or overloading. As the United Democratic Movement (UDM) we are calling on drivers to obey the rules on the roads, abide with the law and drive safe. It is worrisome to see growing numbers of fatalities in our roads especially during holidays. We cannot afford to lose lives every time because of silly behaviour of the drivers. One life lost is too many. The government must make sure that those who do not obey the rules face harsh sentencing for their deeds. Not only do they put their lives in danger but also of the passengers and other drivers on the roads. Also, looking at statistics of road accidents, the number of pedestrians hit by cars is high. We are also calling upon the pedestrians to obey rules and use bridges to cross the roads. As UDM, we are calling upon the law enforcement officials to be visible on the roads during this time and beyond as we feel that drivers do behave when they see them. The Department of Transport, Road Traffic Management Corporation, law enforcement officials must investigate the root cause of these fatalities and come up with ways to curb them. The taxi and bus associations and owners must also take action in curbing the norm of drivers especially long distance drivers who do not rest. It must not be about money more than the lives of the passengers. Statement issued by Mr Bongani Msomi UDM Secretary General
Admin
17 Mar, 2016
UDM reacts on President Zuma’s answers to question on Gupta’s Role in the appointment of Ministers
Media Statement by UDM President Bantu Holomisa, MP This afternoon the President had an opportunity to take the country into his confidence and either confirm or deny the revelations made by the Deputy Minister of Finance, yesterday. Alas, he chose utter arrogance and maximum denialism in defense of his travelers, the Guptas family and his own. His attitude in dealing with this issues of national importance, confirms that once again, he has neglected the country in favour of these two families. It further suggests that he has, together with Guptas ganged against his own Deputy Minister. The President, even had the audacity to say he has nothing to do with the revelations made by his Deputy Minister. He says there is nothing to investigate in order to verify the authenticity or otherwise of the revelations, as suggested by UDM. This is absurd to say the least: here is a Deputy Minister saying he was offered a position in your cabinet by someone else either than the President as provided for in the Constitution and you say you have nothing to do with that… but he continue to quote the Constitution…! The country has no basis to have hope anymore. As his answer confirms that another hour, a day with him in office, the country is going down in a high speed and by the time he leaves office, this country will be shadow of itself. It is now firmly in the hands of the ANC, the party that gave the nation a President who in turn neglected both his party and the country and chose his family and Guptas. We can now put it back to the ANC to do something or allow the electorate to punish them severely. End
Admin
17 Mar, 2016
UDM reacts on Gupta’s offering Deputy Minister Jonas a position of Finance Minister
Media statement by UDM President Bantu Holomisa MP United Democratic Movement (UDM) welcomes the shocking confirmations made the Deputy Minister of Finance Mr. Mcebisi Jonas this afternoon. His bold decision demonstrate his commitment to his oath of office and confirms that at least within the ruling party there are some who puts South Africa and its citizens first. This behaviour by the Gupta family can only be best described as treason. Unfortunately, they have not captured the government of South Africa without the knowledge of President Zuma. In fact, they surely have his approval and probably a mandate too. It will be interesting to know, whether he himself was not frog marched to the union building; as well as whether many other ministers and senior government officials were not appointed by the Guptas since 2009. On Sunday, the 13th of March 2016, the President is on record, in an ANC Alliance Eastern Cape meeting, defending the Guptas saying they helped his son, who is their business partner, to get work experience and a job when he could not get one South Africa because he is a Zuma. This behaviour by the President makes it very impossible to believe anything but that the Gupta family are in total control of the South African government and some state institutions. We have been consistent in saying that President Zuma is no longer a liability to the ANC but is also a threat to the country and its wellbeing. We have also written to the Speaker of the National Assembly suggesting that the relationship between the family of the President and that of the Guptas, is threatening the security and the economy of the country. The confirmations by Deputy Minister vindicates us. We suggested to the Speaker, that the Parliamentary Joint Standing Committee on Intelligence should investigate this relationship and its impact on the security and economy of the country. The African National Congress and South Africans must remember that the Gupta family never contested elections in South Africa and therefore were never voted and never took an oath of office, yet they exercise powers only reserved by the Constitution of the Republic to the person in the highest office of the country. There is a symbiotic relationship between the events that resulted to the country losing billions of rands in December 2015, which were characterized by the sacking of Minister Nene, appointment of Minister Van Royen and the now confirmed offer by Guptas, surely they have a mandate. We advise the ANC to do itself a favour and cleanse itself of this monumental embarrassment and probably regain some of the credibility they have lost since the coming of President Zuma into the public office. However, if they fail and continue to do what they have been doing since 2009, defending one scandal after another of a one man, then the electorate must heavily punish them on the ballot box. End
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