Admin
23 Sep, 2020
Holomisa submission to the state capture commission: the real mastermind behind state capture
Deputy Chief Justice RMM Zondo Chairperson of the Judicial Commission of Inquiry into State Capture PO Box 31322 Braamfontein 2017 Per the acting Secretary of the Judicial Commission of Inquiry into State Capture Dear Sir SUBMISSION TO THE COMMISSION: THE REAL MASTERMIND BEHIND STATE CAPTURE 1. Corruption: a cancerous tumour 1.1. One of government’s major mistakes is delaying the implementation process to deal with corruption and addressing maladministration. It is evident that incompetence and corruption has collapsed and downgraded this country, thereby costing our economy billions of Rands. As a result of this undesirable culture, many municipalities have crumbled, because there are no effective structures to stop corruption, and to prevent maladministration and mismanagement of funds. 1.2. We acknowledge that measures have been taken, such as the formation of the Judicial Commission of Inquiry into State Capture (‘the Commission’) so that it may establish who has captured the state, but the process has been laborious and, in our view, not nearly far-reaching enough. 1.3. The former Public Protector, Professor Thuli Madonsela, had revealed that the Gupta family had effectively captured the state, however, as it turns out, the real architect of corruption is the ruling party itself, the African National Congress (ANC). 1.4. Accordingly, the Commission has been making the ruling party’s head honchos account for their alleged acts of corruption, but there is much more to this iceberg than what is presented to the public. Although the media and opposition parties, like the United Democratic Movement, have exposed some of the ANC and their leaders’ misdeeds, I believe most of it is kept diligently under wraps, because it might be the lurking iceberg that finally sinks the ANC Titanic. 1.5. The ANC and its leaders have misused state funds through companies like Bosasa, Chancellor House, Mohlaleng Media and Maverick State, to mention but a few. Looting from public resources has become a habitual act to fund the ANC by whatever means necessary, whether it be by paying its cadres’ exorbitant salaries or financing their election campaigns by any means necessary. 1.6. It is repulsive that this brazen looting takes place right under the noses of the authorities, whilst parliament’s oversight has not been effective either. The powers of the accounting officers have been usurped by the executive, consequently it has also affected the performance of state-owned enterprises. 1.7. The Commission’s terms of reference states that your work shall be guided by the Public Protector’s state capture report and we have noticed from the testimony that other accounts of corruption have been creeping out of the woodwork. It is therefore evident that there is a ‘big picture’ corruption that must be looked at. 1.8. Whilst much is made of Guptagate implicating former President Zuma and some other insatiable cadres, the fact that the corruption and looting at all spheres of government is to the benefit of the ANC itself, is negated. The Commission should therefore investigate the involvement of the ANC in acts of corruption, in totality. 1.9. This institutionalised corruption is not new, and it can be traced back through the previous decades. Even the Commission of inquiry into allegations of impropriety regarding Public Investment Corporation (‘PIC Commission’) quoted my testimony where I said that: “One of the most difficult tasks regarding dealing with the type of corruption that is alleged to have happened at the PIC is the sophisticated nature of the transactions. Corruption can come in two forms, legal and illegal corruption. Legal corruption occurs when the elite build a legal framework that protects corruption or manipulate existing legal framework without necessarily breaking the law.” 1.10. The PIC Commission concurred with my statement when they said in their report to the President that: “When going through the story of Harith, these words resonate. The layering of legal entities (state owned corporations, pension funds, banks, companies and trusts and partnerships etc.), when applied by financiers and corporate structure experts, can make finding the substance, and not form, of a transaction or series of transactions complex and quite perplexing. These layers also give the players in such a formation use ‘plausible deniability’ most effectively, as looking through all the conducts is challenging and time consuming.” 1.11. This designed incompetence permeates our law enforcement agencies, such as the police, the Directorate for Priority Crime Investigation (Hawks), the Special Investigating Unit (SIU) and the National Prosecuting Authority (NPA), which all have dismally failed to investigate and prosecute the reported culprits. One must be honest in one’s assessment of the competence of the state’s investigative and judicial resources. It is a given that the state lacks such competence in all respects, whilst the same is further exacerbated by means of prevalent corruption within the ranks of these institutions themselves. 1.12. The gate keepers of maladministration are the incompetent key administrative personnel who have been deliberately appointed (deployed) to accomplish the agenda of looting state resources on behalf of the ANC and, of course, to feed their own personal greed. It must be borne in mind that the ANC’s cadre deployment policy is just another form of corruption. It is called nepotism for a reason, because making appointments based on party affiliation, friendship and familial connections violate the statute books and is patently wrong. Cadre deployment deprives our civil service of talented individuals and we have thousands of young South Africans with degrees who cannot find jobs. 1.13. Epidemic levels of corruption handicaps service delivery which results in many violent protests. Not only that, prospective international investors shun South Africa because of the high levels of corruption and sadly our people are paying the price. Ultimately, corruption is destroying the gains of our freedom and patriotic South Africans have lost all hope and endlessly question the so-called measures put in place to address this untenable situation, whilst the ruling party itself perpetuates corruption in order to sustain itself. 1.14. Let us remind ourselves of what the late, former President Nelson Mandela admitted, already in 1998, about corruption in South Africa: “Unfortunately there are officials who betray their calling… this is part of the wider cancer of corruption that is undermining our efforts in all areas of society. We have learnt now that even those people with whom we fought the struggle against apartheid’s corruption can themselves become corrupted.” 1.15. The sad state of affairs is that the liberators of yesteryear have become the perpetuators of this immoral pillaging of state resources, whilst we are misdirected in our focus on the Gupta’s involvement in state capture. 1.16. The true architects of state capture are those who run government and its institutions in collusion with certain elements within the private sector. The private sector, which particularly benefits from government tenders, is represented by individuals who are shareholders in large corporations. These individuals appear to represent the private sector, but instead they use corporate fronts that merely return the loot to the ANC. These individuals also represent the corrupt interests of the ruling party in that they are either ANC stalwarts or that they are connected in one or other compromising manner to that party, politically or otherwise. 2. A Nelson Mandela Bay example: Mohlaleng Media, the ANC’s access to public funds 2.1. The purpose of this letter is to request the Commission to investigate the mechanisms used in government institutions to misuse state funds, especially at local government level. 2.2. I was recently briefed, on the matters which I raise below, by Mr Werner Wiehart, a persecuted forensic investigator formerly employed by the Nelson Mandela Bay (NMB) Metropolitan Municipality. He indicated to me that he had forwarded the information to numerous political parties and as well as the Commission (See Annexure A), but I took the liberty to meet with him last week and wish to report the matter to you formally. 2.3. The matter centres on how municipal funds have been looted by the ANC over, at least, the past fifteen years in NMB. Some information is already in the public domain including those that have been reported to the police, Hawks, NPA and the Public Protector. 2.4. The documentary evidence, which I have in my possession, convinced me that there is prima facie evidence that NMB municipal funds were looted for the ANC’s benefit, to fund its operations and to sustain itself. Questionable entities or companies (which are non-compliant with tax obligations and also lack related tax and billing clearances) and the registration of multiple enterprises simultaneously, are used as tools to achieve their dastardly goals. 2.5. Furthermore, I noted that law enforcement agencies remain actionless where corruption in the NMB municipality, more often than not, remains uninvestigated – in some cases, for more than three years. I cannot over-emphasise my concern if this is the alacrity with which this government is driving the fight against corruption, whilst little or nothing is achieved to start off with. 2.6. The widely publicised NMB Integrated Public Transport System (IPTS) scandal, in which National Treasury is implicated, is simply not being addressed, except for a single case in court. National Treasury, with particular reference the Chief Director, Mr Jan Hatting, had apparently been informed in writing during October 2012 of the large-scale looting, yet with such knowledge National Treasury continued to make payments thus feeding the large-scale looting scheme over a period of a further three years. So, nothing is happening, whilst the thieves are still trawling through personal protective equipment (PPE) tenders to rake in money to fund the ANC’s campaign for the 2021 municipal elections. 2.7. The evidence in my possession shows that, according to Mr Wiehart, there were three key players from Luthuli House involved, namely, Mr Pravin Gordhan (then Minister of Cooperative Governance and Traditional Affairs), Dr Crispian Olver (famous author of “How to Steal a City: The Battle for Nelson Mandela Bay: An Inside Account) and Mr Cheslyn Mostert (a well-known ANC operator), who presented themselves as those mandated to address the NMB municipality’s issues; a process which led to the appointment of Mr Danny Jordaan as executive mayor and Mr Johann Mettler as acting city manager. 2.8. The same process led to the suspension (with full pay) of some municipal officials and their subsequent resignations, as well as some limited dismissals. Amongst others, these suspensions and resignations were caused by the allegations that some of the employees benefited from the IPTS deal. 2.9. Prior to the aforementioned ‘Luthuli House intervention”, the opposition, the media and the people were voicing out their anger about the IPTS corruption and as a result our Mr Mongameli Bobani, an ordinary councillor at that point in time, asked the Public Protector in October 2014 to investigate the matter. The Public Protector’s Advocate Tom had apparently investigated, but the final report was never made public. The municipality had appointed legal firms which have cost the rate payer more than R100 million over three years. 2.10. The evidence shows that the hand of Dr Olver extends beyond ‘helping the municipality’, but that he also played a role in the mismanagement of funds which were channelled to the ANC through a company called Mohlaleng Media, which served exclusively as the propaganda machinery of the ruling party in NMB. In this email Dr Olver informs the acting city manager that: “Here are the two CVs from Cheslyn, together with the draft letter to be signed and sent back to him, and the rates for the resources has set out in the SLA. The start date in the letter needs to be changed to Monday Next Week.” 2.12. A “tender” for R7,5 million was awarded to Mohlaleng Media, however the municipality failed to comply with its obligations in terms of the Municipal Finance Management Act to conclude the prescribed SLA which had to be signed between the municipality and Mohlaleng Media prior to commencement of any services. In fact, on assessment of the information, it is evident that Mohlaleng Media’s bid is riddled with fraudulent information, whilst even the entire procurement process was rigged from inception in favour of Mohlaleng Media. 2.13. Mohlaleng Media operated from December 2014 to February 2016 before any so-called SLA was signed on a fraudulent basis and of course the ratepayer footed the bill. This so-called SLA is referred to as an addendum to a former SLA, which never existed, hence, fraud. The tender/contract period entailed three years, however the bid value of R7,5 million had already been exhausted within the first ten months of the contract period. 2.14. Documentary evidence reveals that Mohlaleng Media invoices merely claimed monthly “resource cost” which eventually reached the amount of more than R21 million versus the actual approved bid value of R7,5 million over three years. These invoices were specifically created in such a manner to conceal the true nature of the work/service performed by this ANC aligned communications machine. 3. Mohlaleng Media forensic investigations, the cover-up and harassment of an investigator 3.1. One of the things I noticed as I went through these files is the harassment of Mr Wiehart by the office of the then Democratic Alliance executive mayor, Mr Athol Trollip, and his chief of staff together with the then acting city manager, Mr Johann Mettler. The harassment resulted in the malicious suspension of one of the municipal auditors based on fabricated and trumped-up charges and who was eventually expelled in a collusive manner. 3.2. The quarrel stemmed from Mohlaleng Media, which was used to generate ANC campaign material for the 2016 local government elections. (see pictures on the right) 3.3. An internal investigation had been done regarding Mohlaleng Media during which the Chief Audit Executive and forensic investigator, Mr Wiehart, questioned Mr Mettler’s involvement, which clearly caused discomfort in some quarters given the backlash that followed. 3.4. After Mr Trollip became aware that Mr Mettler and Dr Olver were implicated in the internal investigation on Mohlaleng Media, he had the terms of reference that was prepared by the internal audit team changed and, in essence, had it watered down in order to intentionally and actively conceal ANC corruption using an external forensic inquiry. In fact, Mr Mettler drafted the terms of reference for the external audit, which was a clear conflict of interest. The new terms of reference did not require the investigation of Mr Mettler and Dr Olver’s involvement, which was obviously intentional and self-serving. 3.5. A certain Morrison and Vermeulen were appointed on 31 May 2017, with the new terms of reference, whilst Mr Wiehart was placed on compulsory special leave, during which he was persecuted on the basis of fabricated charges of misconduct. Morrison and Vermeulen apparently performed very poorly, and in fact showed little progress. Mr Morrison furnished a preliminary report on 6 November 2017. 3.6. Mr Morrison’s final report does not contain the factual findings that were communicated to him since May 2017, nor did he make any reference to evidence furnished to him by a whistle-blower whose disclosures are included in the documents that I have now studied. 3.7. Same resulted in the comprehensive Chief Audit Executive review queries in that Mr Morrison had simply not performed, but more concerning is the fact that he collusively acted with Mr Mettler in concealment of impropriety by Mr Mettler, Dr Olver and others. 3.8. From the evidence before me, Mr Morrison is in all probability a compromised individual who did not render the service that he was appointed and paid for. This is how entrenched corruption is in our society, that even external forensic consultants are prepared to engage in the very same cancerous agenda that society is attempting to eradicate. 3.9. According to Mr Wiehart, Mr Trollip had even gone so far as to hide documents at his residence for a period of twenty-six months after a forensic report was furnished to a Hawks investigator in March 2018. Mr Trollip may say that he was the one who mandated the investigation, yet he must be made to account for his collusive actions in protection of corrupt officials and politicians. 3.10. This entire narrative raises a concern, which is that “the system” used in NMB to loot funds through companies like Mohlaleng Media could be, and probably is, “the system” that is replicated in other municipalities (and even other spheres of government) in favour of the corrupt and looting ruling party. 4. The leaked CR17 campaign bank statements: the same names crop up 4.1. Mr Wiehart further took me into confidence and shared information with me that relates to Linkd Environmental Services of which Dr Olver is, at the moment, the sole director. This three-man operation in 2017 entered into an SLA with Ria Tenda Trust (which belongs to President Ramaphosa) to provide accounting and financial services (https://www.thepresidency.gov.za/download/file/fid/1649) This is rather odd, because Linkd Environmental Services is not a financial services or accounting firm at all. What had apparently piqued Mr Wiehart interest had been that, given what had transpired in NMB, that this might be a case of history repeating itself. 4.2. I was shown some of the various leaked bank statements, that are quite easily accessible on social media platforms and, even though they have been sealed by the court , they therefore can never enjoy protection from public scrutiny. 4.3. What can be seen from these bank statements is that a bank account was utilised to channel alleged CR17 campaign funding. I find it questionable that the principals segregated so-called day to day business operations, with alleged campaign donations, as one would expect that separate trust accounts be opened and be managed in a transparent manner. 4.4. What was however of much interest to me, given the context of this submission, was that these statements showed the involvement of the very same individuals involved in the NMB/Mohlaleng Media corruption. They are Maverick State (formerly known as Mohlaleng Media), Crispian Olver, Cheslyn Mostert, Grant Pascoe, Vukile Pokwana and some others. 4.5. I was also shocked by some of the names of the listed beneficiaries, where I saw that many members of the ANC received money, totalling millions of Rands, in their personal bank accounts. Although, I hold no brief for the ANC as an organisation, I am concerned about Crispian Olver and Cheslyn Mostert’s seeming endgame. Whilst on the one hand, their hands may loom large in the corruption that has been taking place in NMB and on the other hand, Dr Olver’s company is alleged to have distributed millions of Rands to ANC members. There seems to be a strange disconnect between those actions. 4.6. That said, my concern is that, from where exactly did the funding in Dr Olver’s company bank account originate. On review of the deposits, it is evident that these origins are not vested in well-known and/or credible corporate resources from the private sector. Considering how Mohlaleng Media was used to fund and sustain the ruling party’s ever-hungry hyenas in NMB, one cannot believe that there is any legitimacy behind the so-called donor funding from private individuals or corporations. 4.7. Who are the real ‘donors’ and from where does such funding truly originate? Looking closely at the methodology used by Bosasa, and what could possibly be used by Linkd Environmental Services, one is left with unanswered questions as to who the real architects of state capture are. This is the actual question that must be considered, and investigated, by the Commission. 4.8. The innocuous words ‘donor funds’ are constantly used, whilst the biggest and most important ‘donor’ is the state through the looting of public funds. These so-called donor funds emanate directly from state contracts and government tenders and not from happy and morally complacent ANC supporters. 5. Conclusion 5.1. To verify the authenticity of the information contained in this submission, the Commission should consider conducting a preliminary investigation by engaging Mr Werner Wiehart. All the documentation I have scrutinised is available on request. 5.2. Furthermore, to aid its work, the Commission would be well advised to request the Public Protector’s report on its 2014/15 investigation of the NMB municipality’s IPTS system, as well as all the NMB corruption cases that have been reported to the police, Hawks, SIU and the NPA. 6. Parting shot: the money must be recovered from the ANC 6.1. We, at the moment, spend a lot of time talking about corruption and plumbing its depths, which is of course right. But we must also emphasise the imperative that all the moneys that have been pilfered through tender rigging, as was done with the eye-opening Bosasa shenanigans, in favour of ANC linked companies, or ANC leaders and linked individuals or the party itself, must be recuperated. 6.2. Tracing exactly into whose pocket the money went might look like an insurmountable task, and it probably will be a massive operation. But not tackling this task, would be short-changing South Africans from the moneys that should have been spent to make manifest their constitutional rights. Simple as that. 8. I remain at your disposal. Yours sincerely Mr Bantu Holomisa, MP President of the United Democratic Movement Copied to: • President of the Republic, Mr Cyril Ramaphosa • Minister of Finance, Mr Tito Mboweni • Speaker of the National Assembly, Ms Thandi Modise, for the relevant portfolio committees’ attention • NMB acting Executive Mayor, Cllr Thsonono Buyeye • NMB acting City Manager, Mr Mandla George
Admin
05 Feb, 2020
UDM Youth Vanguard is disgusted by bully tendencies of the DA
For far too long, the Democratic Alliance (DA) has used every nefarious political tactic to tarnish the image and reputation of the of the United Democratic Movement (UDM) and Comrade Mongameli Bobani with baseless accusations. The smear campaign against Mr Bobani started during the days of Athol Trollip and Mmusi Maimane without evidence. They continued to label Bobani as corrupt thereby indirectly saying the UDM is corrupt tarnishing its name without a just cause. DA claimed to have instructed Price Water Coopers to investigate Bobani and there were no findings that implicated Bobani that suggest he had been involved in any corrupt activities. Still under the little stunt of the leadership by John Steenhuisen the attack against Bobani continues. The UDMYV is not going to sit back and watch its mother-body being dragged to the mud by anyone in the DA. The DA must provide the UDM with proof of whatever wrongdoing by Bobani so that it can act. Mr Bobani has been subjected to unfair practices by the Hawks when they raided his home and his office during his tenure as the Executive Mayor of Nelson Mandela Bay Metro. The hawks could not find anything committed by Bobani which against the law of the country. This must stop and time is now! John Steenhuisen, Mr Judas as affectionately called by his previous leader Mmusi Maimane must focus on leading the DA which is marred with racial tensions. He must show young South Africans that the DA is indeed an agent of transformation and not a racist organisation. Issued by: Yongama Zigebe UDMYV Gauteng Secretary
Admin
06 Jan, 2020
UDM in talks with DA
The United Democratic Movement (UDM) and the Democratic Alliance met today in Pretoria to talk about the possible future of coalition politics in South Africa; in particularly where it concerns the Nelson Mandela Bay Metropolitan Municipality (NMBMM). Various matters were discussed in terms of the principles that must be applied to take the work of this council forward. Both parties agreed that service delivery to the people of the NMBMM is of paramount importance. The UDM will take the discussion on coalition politics in the NMBMM and other municipalities to our structures for full consultation. The parties agreed to have more meetings going forward. Statement by: Mr Bantu Holomisa, MP UDM President
Admin
07 Dec, 2019
UDM NEC decision regarding the removal of Cllr Bobani as Nelson Mandela Bay executive mayor
The National Executive Committee (NEC) of the United Democratic Movement (UDM) met at the weekend to discuss the removal of the UDM’s executive mayor in the Nelson Mandela Bay Metropolitan Municipality through a vote of no confidence on 5 December 2019. After carefully considering the feedback it received, the UDM NEC is of the view that the matter of the motion of no confidence was irregularly included on the council agenda and that the removal of Cllr Mongameli Bobani as executive mayor was therefore unprocedural. It is clear that some villainous political machinations were at play to hamper the progress Cllr Bobani’s administration was making and that, because he declined to take part in tender rigging, he was removed. Cllr Bobani has indicated that he has already taken the matter for judicial review. The Party wishes to take this opportunity to express its disgust at the manner in which it and Cllr Bobani were treated. As a matter of principle, the UDM fully endorses this legal action in the hope that, if it be necessary, any mayor will be protected from unprocedural removal from office. Issued by: Mr Bongani Msomi UDM Secretary General
Admin
04 Nov, 2018
Bobani’s bank account inspected, says attorney
The United Democratic Movement (UDM) has noted that Nelson Mandela Bay (NMB) Executive Mayor Mongameli Bobani’s attorneys, Danie Gouws Attorneys, have, after inspecting his bank accounts, found that there is nothing untoward in his personal bank account or that he received any kind of irregular payment/s from Heerkos Projects. The allegations made in the media, in particular The Herald, pertain to the NMB Integrated Public Transport System (IPTS) and alleged payments to Bobani by one Fareed Fakir’s company, Heerkos Projects. The Party shall henceforth be guided by the outcome of the Hawks’ investigation into the IPTS. The UDM will only act if the National Prosecuting Authority finds prima facie evidence of corruption involving Mr Bobani. Issued by: Mr Bantu Holomisa, MP
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02 Oct, 2018
Nelson Mandela Bay: Trollip is the orchestrator of his own demise
Demist mogafe <It looks as if the Democratic Alliance federal chairman Cllr Athol Trollip, of the Nelson Mandela Bay Metro, seems to be suffering from selective amnesia. He proves himself to be nothing more than a prevaricator and a practiced liar. It is about time that someone confronts Trollip for spreading falsehoods and misrepresenting facts. Having listened to the radio on what Trollip said in his address to the Cape Town Press Club, the United Democratic Movement (UDM) wishes to remind him of an internal audit report which details how he and former city manager, Johann Mettler, were up to no good. See the attached scathing internal report. We also want to remind Trollip of the PricewaterhouseCoopers (PwC) final report that he and his leader, Mmusi Maimane, carried about in their briefcases, saying that there was prima facie evidence that our Mongameli Bobani was corrupt. The council, the public and the media has been calling for him to make the report public. It is thanks to the Herald, which had access to the report, that we know that there was no finding that fingered Bobani. This report surely cost the municipality millions of rands. As we ponder this expense, one wonders how he will ever explain it. Trollip now sits with egg on his face having, what seems to be, a DA commissioned report. Trollip is yet to table at council, the “evidence” allegedly contained in the PwC report. That day will seemingly see the pigs fly. Trollip must man up and come clean, so that voters can know the real him. Trollip also chose to refer to the “dirty money” that the UDM allegedly used to fight a by-election in 2015. He sounds like a broken record. When he made the allegations, many months ago, I responded and said that it was hogwash. I challenged him to investigate the matter and table the findings at council. On the 15th of April, Trollip repeated these allegations in an article with Rapport’s Hanlie Retief, we responded by (yet again) saying get your facts straight and table the findings at council. In Retief’s article, Trollip is quoted saying that “julle” took money from the ANC, and that Bobani knew it; I knew it; and that’s why I had a blind spot where Bobani was concerned. Sorry, but that is a blatant lie and tells you who Trollip really is. I also told him that I don’t entertain high-level gossip. It has been ten months, or so, during which an investigation could have been done to either prove or disprove his allegations. Trollip dismally failed in this task. Trollip is said to have mentioned that if you give someone enough rope, they will hang themselves. We agree Cllr Trollip, that is exactly what you have done to yourself. It is for that reason that you don’t know, from what you have said and when you said it, whether you are going backwards of forwards. Trollip is suffering from a bout of sour grapes and he does not accept that he’s no longer an executive mayor. Issued by Mr Bantu Holomisa, MP UDM President
Admin
14 Sep, 2018
Nelson Mandela Bay: DA’s Trollip allegedly interfered with an internal audit to protect Mettler and Olver. UDM hands over a dossier with information to Auditor General
Dear Mr Makwetu Alleged corruption to the tune of R21.8 million irregular and wasteful expenditure involving Mohlaleng Media and a seeming cover-up in the Nelson Mandela Bay Metro 1. The above matter has reference and has been widely reported on in the media. 2. The United Democratic Movement (UDM) wishes to make you aware of claims of serious corruption in the Nelson Mandela Bay Metropolitan Municipality (NMB Metro) and the seeming cover-up by the NMB Metro’s former executive mayor Mr Athol Trollip of the Democratic Alliance (DA) and city manager Mr Johann Mettler. 3. It pertains to the alleged corruption involving a company called Mohlaleng Media, to the tune of R21,8 million which was of course at the ratepayers’ expense. 4. To provide background, I refer you to an article posted on Independent Online (IOL) dated 7 September 2016 (https://www.iol.co.za/news/south-africa/eastern-cape/trollip-to-freeze-contract-with-joburg-media-company-2065623) wherein it is reported that Mr Trollip stated his intention to have the contract (see item 6.1.2) with Mohlaleng Media frozen. He was quoted saying: “This administration will not tolerate irregular, wasteful or unnecessary expenditure, in any form, and any contract that is alleged to have facilitated any expenditure of this nature will be fully investigated and scrutinised”. I also refer you to an article in Herald Live dated 24 May 2018 (https://www.heraldlive.co.za/news/politics/2018-05-24-just-in–bobani-launches-scathing-attack-against-city-boss/) wherein it was reported that Mr Trollip ‘…said the Mohlaleng matter has been handed over to the investigation authorities.” 5. The UDM has in its possession a whistle-blower’s dossier that details the period during which the alleged corrupt activities took place, together with the attending evidence. According to the information contained in the dossier, Mr Johann Mettler played a pivotal role in the suspected corruption which was allegedly covered-up by Mr Trollip. 6. The dossier speaks in detail, and gives timelines, of an internal forensic audit that started in September 2016, which unveiled allegations, amongst others, that: 6.1. Pre-2016 Municipal Elections: 6.1.1. Services rendered by some printing companies, during the previous term of council, included party political work (see right). During the internal forensic audit, Mr Mettler was confronted with the details of the irregular print jobs, but he failed to act thus neglecting to perform his fiduciary duties. 6.1.2. Mr Mettler signed an “addendum” to a non-existing contract with a company called Mohlaleng Media. This was deemed to be irregular and again Mr Mettler failed to perform his fiduciary duties. 6.1.3. Dr Crispian Olver the author of the book “How to Steal a City: The Battle for Nelson Mandela Bay” wanted to conduct a pre-election survey that would cost the ratepayers R11 million. Mr Mettler was aware of this, but did not disclose it to the internal audit, which was deemed an impairment of the internal investigation. Note: According to the dossier, Dr Olver had instigated the initial appointment of Mr Mettler as city manager. 6.1.4. Dr Olver was also responsible for the appointment of a legal firm, because of a mutual association during their “activism days” which flouted SCM practices with only limited involvement of the legal services directorate. Mr Mettler was/is still to account for such an irregular appointment. 6.1.5. Two “political appointments” were made in former mayor Danny Jordaan’s office, the cost of which would be carried by the aforementioned Mohlaleng Media, thus the rate payer. The dossier states that this was done by Dr Olver and Mr Mettler, knowing full well that these were “political appointments”. 6.2. Post-2016 Municipal Elections: 6.2.1. Mr Trollip and Mr Mettler had interfered with and used various delaying tactics to derail the internal forensic investigation into what the dossier asserts are unlawful contracts with Mohlaleng Media. According to the whistle-blower, the internal forensic unit asked Mr Mettler a number of pointed questions in their investigation of the Mohlaleng deal. He however, knowing full well that he was a subject of the investigation, wrote a missive to the forensic unit instructing it to cease its investigation. 6.2.2. Several of the senior internal auditors and other staff members have been suspended and/fired for what appears to be spurious, but politically convenient, reasons. It is in fact alleged that these staff members were gotten rid of, precisely because of their knowledge of the corruption. 6.2.3. When the time came to appoint a new city manager, Mr Trollip had been aware of Mr Mettler’s alleged role in the suspected corruption involving Mohlaleng Media; yet he did not disclose this information at council. Mr Trollip persisted in protecting Mr Mettler and continued to champion his appointed as city manager, thus sweeping this material information under the carpet. If there is merit in any of the allegations, it seems as if there is a major cover-up by the former Trollip administration. 7. Once the coalition government took over after the 2016 municipal elections, the UDM hoped that any and all corruption would be exposed and rooted out. Little did we know that our and the voters’ faith in the election promises made by the DA and Mr Trollip was misplaced. As the record will attest, the UDM and our Cllr Bobani did our level best, over the years and in particular since the 2016 elections, to expose corruption in the NMB Metro but we were blocked and vilified at every turn. 8. Notwithstanding Mr Trollip’s stated intentions i.e. freezing the Mohlaleng Media’s [non-existing] contract and his comment that the matter was handed over to the “investigation authorities we still wonder who these mysterious “investigation authorities” are/were. 8.1. We however heard that, Mr Trollip handed over the investigation, not to the municipality’s internal watchdog, but to an outside outfit of his own choosing, which will naturally cost the municipality a lot of money. Mr Trollip has failed to take the council, and indeed the citizens of the NMB Metro, into confidence to report on any progress made in the investigation. In fact, his comments in the media regarding the aforementioned investigation are extremely vague and without substance. 9. We herewith hand over this dossier, which tells a tale of a web of lies and suggest that your office establish the veracity of the whistle-blower’s claims, so that we can get to the bottom of this nest of alleged corruption and to act in the interest of the NMB Metro’s people. 10. Sir, it is our considered view that it would be vital to compare: • the report of the firm that Mr Trollip appointed to investigate the matter; • that of the NMB Metro’s internal audit team and • any investigation you would undertake to test the veracity of the whistle-blower’s claims and to establish whether the proverbial books have been cooked. The claim that Mr Trollip and Mr Mettler covered up the corruption should specifically be tested. 11. Finally, irrespective of whom would be found guilty or innocent, the UDM asks that the abovementioned claims to be thoroughly investigated. We believe that the innocent should be exonerated and that the guilty should, without fear nor favour, be made to answer for their misdeeds and that the necessary actions are taken against them. Yours sincerely Mr Bantu Holomisa, MP President of the United Democratic Movement CC: Mr Fikile Xasa, Eastern Cape MEC of Cooperative Governance and Traditional Affairs, Cllr Mongameli Bobani, Executive Mayor of the NMB Metropolitan Municipal Council, Cllr Buyelwa Mafaya, Speaker of the NMB Metropolitan Municipal Council.
Admin
06 Sep, 2018
Status of the UDM as part of the co-governance agreement; setting the record straight
Rev Kenneth Meshoe, MP President, African Christian Democratic Party Mr Mosiuoa Lekota, MP President, Congress of the People Mr Mmusi Maimane, MP Leader, Democratic Alliance Dr Pieter Groenewald, MP Leader, Freedom Front Plus Dear Colleagues STATUS OF THE UDM AS PART OF THE CO-GOVERNANCE AGREEMENT; SETTING THE RECORD STRAIGHT Straight off the bat I wish to inform you that I take exception to the four signatories’ giving me a deadline to respond to your letter dated 1 September 2018 as if I am a schoolboy to be ordered about. This is not the collegial manner of communication I would expect amongst peers. For your information, I was contacted by both the City Press and the Business Day on the 1st of September, that asked for comment on your letter, which I only received yesterday afternoon. A question also arose in my mind as to why the United Democratic Movement (UDM) was not invited to the 31 August meeting of the African Christian Democratic Party (ACDP), the Congress of the People (Cope), the Democratic Alliance (DA) and the Freedom Front Plus (FF+). Your letter clearly states that the meeting was “…to consider a number of issues relating to coalition led governments across South Africa.” I would be obliged if you could furnish the UDM with the other agenda items and explain why we were not invited. That said, it seems as if the signatories suffer from collective amnesia given the history that led us to this point in the Nelson Mandela Bay Metropolitan Municipality (NMB Metro). The United Democratic Movement (UDM) herewith sets the record straight. 1. The three-person commission The co-governance agreement clearly stipulates what should happen in the case of discord between the coalition partners. I therefore remind you that the three-person commission – the coalition partners had tasked to make inquiry when the first differences within the coalition arose – had fingered both Mr Athol Trollip and Mr Mongameli Bobani. This inquiry also found that Mr Trollip had undermined the coalition and disobeyed the coalition partners’ collective instructions and by implication his own national leader. Despite these facts, the DA refused to act against Mr Trollip and yet expected the UDM to do so. This is an obvious double-standard. 2. The PricewaterhouseCoopers saga It was the DA which used the so-called draft report, that PricewaterhouseCoopers (PwC) had compiled, to discredit and defame Mr Bobani who at the time served as the NMB Metro’s Deputy Mayor. The DA refused to deal with Mr Trollip after he came up with wild accusations about Mr Bobani. At that time, the UDM stated that we would not take Mr Trollip’s word on these allegations and that the matter should be investigated and tabled at council. We were satisfied that council would apply its mind, once it received a report, and determine whether Mr Bobani was guilty of any wrongdoing. PwC’s interim report never reached council nor were the coalition partners privy to it. Instead the DA’s leaders Mr Mmusi Maimane, Mr James Selfe as well as Mr Trollip ran around the country blackening Mr Bobani and the UDM’s name. After we read in the media that such a report existed, the coalition partners had to demand a copy from the DA. There was no mention of Mr Bobani. The final PwC report was last year given to Mr Trollip, yet it remains in his hands. The coalition partners, council and even the media asked for its release and he has not done so. However, Herald eventually got hold of the report and reported that there were no findings that implicated Mr Bobani in any wrongdoing. We understand that this DA project cost the taxpayer millions of rands, which it used for their own nefarious purposes. What kind of political party uses public funds to attack its coalition partner? We have written to Mr Maimane in the past to demand that the DA and he must apologise to the UDM and Mr Bobani. He has not responded. 3. Regarding the DA’s “side deal” with the Patriotic Alliance It was the very same DA that brought some questionable characters through the back door and arranged that the Patriotic Alliance (PA) move for a motion of no-confidence against Mr Bobani. We wondered at this PA/DA “side-marriage” that was clearly outside the coalition. It seemed like an old apartheid style move to play brother off against brother. Our other coalition partners did nothing, and you clapped hands as you got rid of Mr Bobani. You chased us away and today have the temerity to ask about the status of the UDM as part of the coalition in the NMB Metro. You should be ashamed of yourselves. Now that you are out in the cold, you suddenly notice the UDM and try to blame us; yet you know very well that the DA is the sole reason for your fall. The UDM says stew in your own juice. The onus is on you to convince the UDM to remain in what has turned out to be nothing else but a coalition of thugs and liars. Lastly, he past two years paints a clear picture of the road that has led us to this juncture and I am surprised that the ACDP, Cope and the FF+ still tolerates the DA. Maybe you are still on a fool’s quest? The UDM calls on the coalition partners to be honest with themselves and acknowledge that the DA has treated all of us like we are second class citizens and junior partners in the coalition. Yours sincerely Mr Bantu Holomisa, MP President of the United Democratic Movement CC: Mr Julius Malema, Commander in Chief of the Economic Freedom Fighters
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04 Jun, 2018
Allegations of misconduct against the Nelson Mandela Bay city manager Mr Johann Mettler
OPEN LETTER TO NMBM SPEAKER LAWACK The Speaker of Council NMBM Attention: Councillor Lawack RE – ALLEGATIONS OF MISCONDUCT AGAINST THE CITY MANAGER: MR JOHANN METTLER This correspondence serves to inform you that the UDM has brought some serious allegations of misconduct against the City Manager, Mr Johann Mettler to the attention of the Executive Mayor, Councillor Trollip on 22 May 2018. A copy of such a letter was copied to you as a Speaker of council. The UDM’s intention was for such allegations against the current City Manager to be tabled and considered by a municipal council as provided for in regulation 5 (1) of the Disciplinary Regulation for Senior Managers, 2010 promulgated in terms of the Municipal Systems Act, 2000. The Executive Mayor is, in terms of regulation 5 (2) of the above-mentioned disciplinary procedure, legally obliged to table these serious allegations of misconduct against the City Manager in council within seven (7) days of receipt thereof. The Executive Mayor has unfortunately not yet directly responded to my correspondence as to the way forward on these serious allegations against the City Manager other than conceding in the Herald dated 25 May 2018 to the fact that an act of misconduct has indeed been committed by the City Manager. I am therefore addressing this correspondence directly to you based on the provisions of both the Disciplinary Regulations for Senior Managers, 2010 and the Municipal Regulations on Financial Misconduct Procedures and Criminal Proceedings, 2014. The above two (2) pieces of municipal regulations are extremely significant as they constitute a cornerstone for dealing with all forms of misconduct committed by municipal senior managers. Relevant sections of these regulations are outlined here below. Disciplinary Regulations for Senior Managers, 2010 Regulation 5 (1) clearly stipulates that any allegation of misconduct against a senior manager must be brought to the attention of a municipal council. Regulation 5 (2) stipulates that any allegation referred to in sub-regulation (1) must be tabled by the mayor or municipal manager, as the case may be, before municipal council not later than seven (7) days after receipt thereof, failing which the mayor may request the speaker to convene a special council meeting within seven days to consider the said report. Municipal Regulations on financial misconduct Procedures and Criminal Proceedings, 2014 Regulation 3 (1) states that any person must report an allegation of financial misconduct against the Accounting Officer; a senior manager or chief financial officer of the municipality to the municipal council, the Provincial Treasury and the National Treasury. Regulation 3 (2) states that the mayor, the accounting officer or chairperson of the board of directors, as the case may be, must table an allegation referred to in sub-regulation (1) before the municipal council or board of directors in the case of a municipal entities, not later than seven (7) days after receipt thereof or at the next sitting of the council or the board of directors. Regulation 10 (2) states that if there is a likelihood of further financial loss for a municipality or municipal entity as a result of a financial offence, the accounting officer, council, board of directors must report the matter without delay to the South African Police Services and not wait the completion of any investigation referred to in regulation 5 and 6 related to the financial offence. The above regulations are in line with section 173 (1) of the Municipal Finance Management Act, 2003 which clearly stipulates that the Accounting Officer of a municipality is guilty of an offence if that Accounting Officer fails to take all reasonable steps to prevent unauthorised, irregular or fruitless and wasteful expenditure. In view of the above, the UDM unequivocally re-iterates its demand of tabling and considerations by council of all the following allegations of serious misconduct against the City Manager, Mr Mettler: a) Unlawful extension of scope of work of Mohlaleng Media b) Irregular appointment of the former Acting Executive Director: Corporate Services through her company – Logodisa c) irregular termination of employment contracts of senior managers d) Irregular appointment of Senior Managers (section 56 managers) e) Misappropriation of municipal funds for the implementation of M-SCOA f) Irregular appointment of Sebata Municipal Solutions g) Irregular appointment and improper conduct of Gray Moodliar Attorneys h) Political Interference in municipal administration particularly on forensic investigations and human resources management matters (h) Irregular purchasing of Murray and Roberts building by a municipality (i) Misappropriation of funds on N.U 29 Housing demolition Project (j) Irregular commissioning of Wi-Fi Project through High Mast Light All the above allegations of serious misconduct against the City Manager, Mr Mettler have been elaborated upon in my letter dated 22 May 2018 addressed to the Executive Mayor and copied to you Your attention is specifically drawn to the fact that the Executive Mayor has already conceded in public that the act of irregular conduct by both the City Manager and Ms Zitumane has been committed. It is with this in mind that the UDM directs this correspondence to you as the Speaker of council so as to ensure that a report containing all the allegations of serious misconduct against the City Manager, Mr Mettler are tabled in council for its consideration as provided for in both the Disciplinary Regulations for Senior Managers, 2010 and the Municipal Regulations on Financial Misconduct Procedures and Criminal Proceedings, 2014. I also wish to remind you that the continuation of the alleged irregular expenditure as highlighted above in respect of all the allegations against the City Manager is costing this municipality ernomous amounts of money and the sooner these allegations are tabled in council, the better. I must not hesitate to mention that this is a legal requirement which must be adhered to by everyone and not an individual opinion seeking exercise. Your response is awaited in this regard Yours Sincerely Councillor M. Bobani Copy: Head of Special Investigation Unit: Adv L. Mothibi MEC: Cooperative Governance and Traditional Affairs : MEC Xhasa Auditor-General of South Africa: Mr Makwethu Director-General: National Treasury – Mr Dondo NMBM Executive Mayor: Councillor Athol Trollip EFF: Councillor Vena AIC: Councillor Buyeye COPE: Councillor Sijadu ANC: Councillor Suka PA: Councillor Daniels United Front: Councillor Mtsila ACDP: Councillor Grootboom SAMWU: Mr Nodongwe
Admin
08 Apr, 2018
Athol Trollip is telling lies; here are the hard facts
Executive Mayor of the Nelson Mandela Bay Metropolitan Municipality (NMBMM) Athol Trollip, is holding rallies galore and tweets with the abandon of a small-town Donald Trump that he is the best man for the job. But the facts, evidence and his track-record, clearly show that Trollip is not worthy of trust. The evidence shows that he lives in an alternate universe as he continues to deceive the council for his self-serving political agenda. Trollip lied to council about his coalition deputy, the United Democratic Movement’s Mongameli Bobani. Trollip misrepresented a secreted draft PricewaterhouseCoopers (PwC) report, warned against by its authors for not complying with generally accepted auditing standards, and adjusted for surmised references to criminality to justify Bobani’s removal. Even Trollip’s new, and latest BFF, the Patriotic Alliance’s Marlon Daniels, admitted that he had been fooled by Trollip’s lies about Bobani. Only when confronted by evidence, and after being caught out, did Trollip try to justify his malicious misrepresentation. What did Trollip do yet again; he simply lied. These are the facts: The Weekend Post, on Saturday (see http://www.heraldlive.co.za/politics/2018/04/07/leaked-report-haunts-trollip/), reported that Trollip appointed PwC to investigate two separate matters: 1) The appointment of, and payments to, litter pickers, and also 2) the contract with Milongani Eco-Consulting. The reports have, however, yet to be tabled in council! Yet (reports the Weekend Post) the Democratic Alliance (DA) leader Mmusi Maimane has the reports in his possession. The UDM still finds it rather astonishing that PwC’s “draft report”, dated 21 August 2017, somehow landed in the briefcase of a leader of a political party. Why? The DA has, to date not explained this anomalous occurrence, where a council document is given to a national party leader (for that matter, whether it be the DA or not). The UDM only received a copy, of the so-called draft report, later in August when we demanded it from the DA… and guess what; the draft is silent on Bobani! In a motion to the council – which is expected to be debated next month – the African National Congress (ANC) also takes issue with the fact that Maimane is in possession of the two confidential council reports. City manager Johann Mettler responded to questions, from the ANC’s Rory Riordan, that the reports were not formally released to Maimane and that he had not given any authorisation for them to be released. This is laughable; who then gave the report to Maimane? In reaction, Trollip spoke only to the draft report and tried to wangle himself out of his self-made sinkhole of lies with the following lame story: “When I received the draft report compiled by PwC from the city manager, I sent them to my party leadership in order that they could get an insight into my concerns and that they should allow access to the respective co-governance leaders for the same reason.” “It was sent to their party leadership… I certainly did not leak the report to Mr Maimane or the leaders of our coalition partners. “I report to my party leadership and in a coalition to the coalition partners. When I raised concerns about the issues under councillor Bobani’s stewardship, it was Bantu Holomisa who requested the evidence/ report. When given to him, he said Mr Maimane and I kept it in our briefcases.” So, I ask again, as I 00have many times; as did the media; as did NMBMM councillors: Where is your proof that Bobani has done anything wrong? If the DA is all about good governance and accountability, there surely should be no reason to keep the reports under lock and key. Something is definitely rotten in the state of Denmark! It is a fact that Trollip, refused all suggestion of reconciliation for the benefit of service delivery. The champion of baasskap defied and undermined the coalition leaders. He very publicly insulted me for simply asking proof of the wild accusations against Bobani and then him and his leader disparaged the UDM and me personally. In a show of his true colours, he has crowned his neglect of the people of Nelson Mandela Bay, by leaving for the DA congress without council appointing a caretaker mayor in his absence (whilst he is away on party?political business). Trollip clearly justifies his mendacity, now and in the past, by simply restating the facts as and when it is necessary to create a new reality to hide the knavery, just as he did when he lied to the Weekend Post. It baffles the mind that he gets away with this deceit. Does the entire DA (its leaders and members) condone this kind of behaviour, thus deceiving the South Africans who voted for their party? It is clear that some media houses, especially Media24, has no shame in showing support of the DA. Does the media not have a responsibility to impartially and correctly inform news consumers? A few days ago, the former Die Burger editor and now political commentator Henry Jeffreys, said that Trollip had struggled to establish an effective and efficient relationship with his deputy, and alienated the Economic Freedom Fighters with his outspoken criticism. Jeffreys went as far as saying that Trollip cannot remain mayor and that the DA must make another plan to manage the NMBMM coalition. This from a former editor of a Media24 newspaper who is a DA supporter! All councillors, from all political parties, are encouraged to vote with their conscience on the motion of no confidence against Trollip at the council. Issued by: Mr Bantu Holomisa, MP UDM President
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18 Oct, 2017
#NMBCoalition – DA admitted mistakes were made, Bantu Holomisa writes to DA Leader Mmusi Maimane
Dear Mr Maimane NELSON MANDELA BAY COALITION: MISTAKES WERE MADE REGARDING THE MANNER IN WHICH THE SPEAKER OF COUNCIL CONDUCTED THE NMBMM COUNCIL MEETING OF 24 AUGUST 2017 1. I refer to matter of the Nelson Mandela Bay Metropolitan Municipality (NMBMM) Council meeting of 24 August 2017 at which a motion of no confidence was instituted by the Patriotic Alliance (PA), against our Deputy Executive Mayor, Cllr Mongameli Bobani. 2. The United Democratic Movement’s (UDM) lawyers have secured the closed-circuit television recording (available at https://drive.google.com/file/d/0Bzwt1-3KK09fRElhN0kzblVtT2s/view?usp=drive_web) of the aforementioned meeting from the Municipality. 3. I now wish to draw your attention to the meeting we had on 17 September 2017 when we talked about the state of the coalition. During our conversation, you conceded that the Democratic Alliance (DA) had made mistakes in dealing with the coalition partners and you had committed to set right such mistakes. 4. After having watched the recording today, I wonder if, when you referred to mistakes the DA had made, did you include the way the DA had handled the ousting of Cllr Bobani? 5. The UDM would like to understand how the Speaker of Council (as seen in the recording), in the very first instance only allowed one person of each political party to speak on the item and then ignored speaker, after speaker, who protested this decision. The DA professes to be proponents of democracy, but we fail to understand how, what happened on that fateful day, could be considered democracy. 6. When a councillor asked that the proposer of the motion, Cllr Marlon Daniels of the PA, explain what he meant by Cllr Bobani’s “erratic behaviour”, he never did. It appears as if this matter was just steamrolled through Council to suit a hidden agenda. We now know what that agenda had been, after we heard why the PA withdrew from your separate and bilateral “coalition agreement”. 7. Sir, do you consider the handling of the Council meeting as one of the mistakes the DA had made? Are you prepared to rectify this mistake by immediately reinstating Cllr Bobani as Deputy Executive Mayor? Yours truly Mr Bantu Holomisa, MP President of the United Democratic Movement Copied to: Rev Kenneth Meshoe, MPPresident, African Christian Democratic Party Mr Mosiuoa Lekota, MPPresident, Congress of the People Dr Pieter Groenewald, MPLeader, Freedom Front Plus
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22 Sep, 2017
UDM’s reaction to the DA/PA divorce in Nelson Mandela Bay
Biased and unproven accusations. Using draft reports, without an audit opinion, not authorised by council. A national party leader quoting from a draft report. Press conferences and excited media reports promoting cheap propaganda based on a misrepresentation of the draft report. An executive mayor declining to comment on a report, because it is a draft – having first drawn vigorous attention to it. Fabrications and distortion of facts to excuse a dubious political marriage of convenience. A breach of confidence between a council and a professional firm of advisors. A court document gone missing from a judges file. A high court application dismissed as urgent, but without the merits of the case being heard. And yet, the Democratic Alliance (DA) claimed victory this past week. The reality is that the DA sits without a majority in the Nelson Mandela Bay Metropolitan Municipality (NMBMM) Council. There is no government without coalition partners. So, whose victory is it? It certainly isn’t the people of Nelson Mandela Bay. The DA has shown its true colours: a party with a self-important attitude that takes an unbending, bully approach to coalition governance. It continues to use a style of arrogating to direct, instructing and threatening. In other words, the NMBMM coalition partners must do as “the boss” wants… or else! The DA effectively rid itself of a coalition partner, the UDM, by dissing our deputy executive mayor Mongameli Bobani for not dancing to the DA tune. The DA then cajoles the Patriotic Alliance (PA), to front Mr Bobani’s removal on the promise of that position. Then, surprise, surprise, the DA reneges and the PA withdraws from the marriage of convenience entered in June this year. The UDM still does not understand why the DA entered into a separate agreement (from the existing co-governance agreement) with the PA? We were not part of the negotiations and were merely informed of the DAs decision. Is it because the DA had hatched a plan, in collusion with the PA, with the sole purpose of getting rid of Mr Bobani? It must be the case, considering that PA leader Gayton McKenzie wrote in the divorce letter to executive mayor Athol Trollip that: “The agreement reached was very clear, we will only enter into a coalition with the Democratic Alliance when the position of Deputy Mayor is made available for PA occupancy.” It is now clear that the DA has neither the maturity (nor the bearing) to form, manage and lead coalition governments which are, by their very nature, demanding of compassion and mutual respect. The DAs divide and rule mentality has no place in the politics of coalition. The sooner its leadership realises that, the better. The UDM will step up to strengthen the developing mechanics of coalition governance in the run-up to the 2019 National and Provincial Elections, when coalition governance is expected to become the norm in the next chapter of South Africa’s maturing democracy. Statement by Mr Bantu Holomisa, MP and UDM President
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16 Jun, 2017
Youth Day Rally, Nelson Mandela Bay Metro, address by UDM President Bantu Holomisa, MP
• National and provincial leaders of the UDM, • National and provincial leaders of the UDM, • Regional and local UDM leaders, • UDM Public Representatives, • Members of the United Democratic Movement. 1. National Youth Day 2017 Whilst the 1976-youth made their significant contribution to our democracy, today’s youth feels left out; relegated to economic hardship with no jobs and no prospects. The United Democratic Movement (UDM) therefore appreciates the young South Africans who swell our ranks. Because, it is only when young people are organised and armed with ideas and programmes of action, that they can collectively fight for their rightful place in society. The UDM has endeavoured to give young people the space to participate in Party activities; accommodating those who seek to respond to the specific challenges facing them as a social group. In line with the UDM National Council’s resolution on 3 December 2016, we have made progress in terms of organising the youth at secondary level. On the 24th of June, a strategy planning session will be held in Pretoria, with representatives of the Progressive Student Movement, together with representatives of the UDM’s Associate Structures and the National Office Bearers based at National Office. We will brainstorm youth programmes at secondary and tertiary education levels. We believe that the future of UDM lies with the youth and we must nurture young leaders as soon as possible, with a view to cultivate UDM leaders who can feature in the 2019 National and Provincial Elections, and beyond. You must take your rightful place in the UDM and the Country. 2. Youth’s role in eradicating corruption At the core of the issues that weighs against young people is corruption; especially when it comes to those charged with the task of governance and ensuring that the dividends of democracy filter down. The UDM’s youth must be aware that far too many people, who were in the vanguard of the Struggle, have let the Country down by lining their and their families’ pockets. These, now infamous, emails have so far proven authentic and nobody has outright claimed that they are fabrications. This should send a strong message to you, that you cannot fold your arms. Together with the people of Nelson Mandela Bay, the UDM youth has a responsibility to debate issues and raise your hands to say this is not the future you want. You must expose corrupt activities and elements at all sites of power to stop the erosion of development due to funds being diverted to people’s pockets. On this important day, I also call on all UDM young people to commit to the work of the Party. You must ensure that the UDM is relevant to the people and is growing via service to the communities in wards where you live. 3. Coalition government in the NMB Metropolitan Municipality 3.1. The UDM’s decision to participate in government Our commitment is consistent with our 2016 Municipal Elections manifesto that says: “Put Community First”. 3.2. The future of the coalition The UDM is still firmly part of this coalition government despite the challenges of the past few months. We have absolutely no intention to collapse or to leave the coalition government. We acknowledge that, like in any relationship, there are challenges; but they are not insurmountable. The problems that are regularly reported in the media have been escalated to the national leaders of the coalition partners and they are being attended too. If you are not aware, a three-member committee scrutinised the situation and found that the Executive Mayor and the Deputy Executive Mayor were both at fault in many respects. We therefore took the stance that they either should shape up or ship out. Everyone must do their work, and follow the law and rules of the municipality. Just to dispel any rumours and misinformation, the national leadership of the coalition partners (which consist of the African Christian Democratic Party, the Congress of the People, the Democratic Alliance and the UDM) made the following decisions on 5 June 2017: 1. Councillor Bobani will remain the Executive Deputy Mayor and a member of the Mayoral Committee, but, at the moment, not in charge of Public Health. 2. The Executive Mayor will investigate a suitable alternative portfolio for Councillor Bobani to take charge of until the investigations into the Department of Public Health have been completed. Both Councillors Trollip and Bobani were present at this meeting and they were told to put interest of people above everything else and that the partner-parties wanted to see the smooth running of the coalition government. The UDM has a clear vision for this coalition, as it responds to the call by the people of Nelson Mandela Bay for a clean and people-centred government. It is an achievable goal and we must make Nelson Mandela Bay a better place for all our people who live here. 3.3. The lack of a legislative framework for coalition governments In hindsight, the teething problems we have faced these past months are a good learning curve and we’ve learnt some valuable lessons. One of those are that the existing legislative framework does not provide for government by coalition. In this regard, the UDM will through the National Assembly investigate whether there cannot be a review of the Municipal Structures and Systems Act to govern the smooth running of coalition governments. As we approach the 2019 National and Provincial Elections, the need to look at our Constitution and laws, in the context of multi-party democracy, is urgent. Given the current political landscape, it is possible that there may be no party that will win outright in 2019. South Africa may be forced to constitute coalition governments in some provinces and at even at national level. 4. Busting corruption We continue to forge against the growing scourge of corruption under the ANC administration. As opposition parties, together with civil society, we actively engage in fighting corruption at every turn, to counter the damage caused by the newly acquired friends (from outside South Africa) of those in high places. We have therefore asked the Constitutional Court to insulate Members of Parliament from adverse repercussions when voting on the no-confidence motion in President Zuma. 5. Towards a National Convention In realising our objectives, the UDM sold the idea of a National Convention to several political- and civil society organisations. This all-inclusive, National Convention should consider the state of the Country and map out a vision to guide us to a better future. We shall make sure that this process is as open as possible and is inclusive of South Africans from all walks of life. The future of this country is in our hands and we must do everything possible to save it and create hope for the generations to come. 6. Towards 2019 National and Provincial Elections For us to be prepared for the forthcoming elections, it is your job to launch UDM branches in every corner of this municipality, so that we have a pool of leaders that can swell our ranks in the Bhisho Legislature and in Parliament. 7. UDM’s 20th Birthday Bash On 27 September 2017, the UDM shall mark the 20th anniversary of its existence. We have survived rough political waters and we intend to continue our good work; looking towards the 2019 National and Provincial Elections and beyond. 8. A message to our Deputy Executive Mayor You have been vocal on corruption in this municipality for a number of years and have written to the Public Protector about the previous regime’s indiscretions. You need to check each forensic report and establish if the billions of Rands have been recovered. You must also brief Council and the people of the Nelson Mandela Bay on the findings and the progress (or lack of) of implementation. In addition, the budget for Nelson Mandela Bay is out and it would be a shame if it is not successfully implemented and the funds gets rolled back. I have scanned through the budget and there are grey areas. We must guard against a situation where it becomes a straight-jacket, biased towards developed areas and running the risk that the formerly disadvantaged communities are left behind. As Deputy Executive Mayor, you must monitor the work of the Mayoral Committee, the MMCs and departmental officials. Ward councillors must also not be forgotten as they are a direct link to communities to whom they are accountable. You are in a unique position to give direction in finding solutions to the problems faced by the people of NMB. Make sure everyone understands this budget and ensure participation in the IDP process. But, most importantly, services must be rolled out. Please don’t get side-tracked by media shenanigans and leakages. Knuckle down and do the work. Go to the suburbs and townships. Monitor progress and raise the flag where you see the work veering off course. Agitate for a suitable staff complement that works to support you and your work. Arriving at the office with just your briefcase is not good enough. 9. Conclusion On behalf of the national leadership of the UDM, I wish you a very good Youth Month and all the best with the work ahead of you. Thank you.
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18 Feb, 2017
Bantu Holomisa addresses the UDM Regional Council in Port Elizabeth
• National and Provincial leaders of the UDM, • Regional and Local UDM leaders, • UDM Public Representatives • Members of the United Democratic Movement 1. Ascendancy Profile – organisational programme for 2017 The National Council of the United Democratic Movement (UDM), held on the 3rd of December 2016, took the time to discuss the challenges we would face in the wake of the August 2016 Municipal Elections and to map the way forward towards the 2019 National and Provincial Elections and beyond. The National Council took several important decisions, amongst others, that it is a priority for the Party to re-organise our structures starting with the basic organisational building blocks i.e. the branches. Our Constitution is clear on the life-cycles of executive committees at the various structural levels, but the National Council deemed it necessary for us to “start from scratch” and that we should do so as soon as possible. In this regard, the UDM’s National Secretariat has declared 2017 as the year to revive Party structures from branch-level, right up to provincial-level. The implication of this massive exercise is that we must launch our branches, as well as regional and provincial structures in accordance with the UDM Constitution and do so within a very short space of time. In order to reach critical mass, a minimum of 60 branches must be launched, and should pass stringent audit, before a Region may qualify to host a Congress. Such Regional Congresses must happen by the end of May 2017. The Provincial Congress of the UDM in the Eastern Cape must in in turn happen by June. This means a lot of work has to be done. This task requires that the UDM in the Nelson Mandela Bay Region, must develop a concrete and clear programme of action that is aligned to our Ascendancy Profile, to map your road towards launching your branches, hosting a Regional Congress when you will elect regional leadership. Your programme of action must for instance: • Tally the number of existing branches that are in good standing; • Depict the number of branches that must be re-launched; • Identify areas where new branches can be established and launch such new branches; • Compile recruiter packs to assist our field-workers to renew membership and register new members; • List the dates, times and venues of new branch launch meetings or the annual general meetings of existing branches; • Consider the practical deployment of regional leadership to oversee each branch launch or re-launch; • Once a branch has been launched, the Branch Secretary must ensure that the required paperwork is submitted to the provincial and national offices timeously. • Although branches may still be launched, no branch will be considered for auditing and may not participate in any congress, if their Q1-forms are submitted after the 4-week deadline. • Define clear achievable timeframes for each of the activities in the programme of action. Most important is the daily activities of the UDM membership at a branch-level. Given that our branches should be demarcated in line with the Independent Electoral Commission’s (IEC) Voting Districts (VDs), it requires that our daily activity plan is based on the needs of the people in a particular VD and/or in a particular ward. To be able to recruit new members and renew existing membership, our strategies of engaging communities must be relevant to the issues that affect their daily lives. We must have daily activity plans that places the UDM at the centre of the lives of the citizens in the VD and/or ward where they reside. During the 2016 Municipal Elections, our slogan was: Put Communities First! This is still our prevailing message working towards 2019 and beyond. Therefore, our daily activities as members of UDM must be about the issues that affect a particular community, for example: • water leakages, potholes and/or broken street-lamps, • lack of houses and toilets, • poor spatial development, • access roads and bridges, • crime, gangs and community safety in general, • drug and alcohol abuse, • well stocked and equipped health facilities, • access to basic education and adult education programmes, • refuse removal and pest control, • clean community spaces such as parks and cemeteries, • safe areas for children to interact, • access to ID cards and assistance with child or old-age grants, • community projects such as vegetable gardens and safe harbours for victims of domestic abuse, • in other words, any issue affecting the daily life of the people on the ground. This is the programme of action for all UDM members and structures, and you are called upon to plan and implement it immediately as soon we conclude this Regional Council. 2. Coalition government in the Nelson Mandela Bay Metropolitan Municipality As you are aware, after the 2016 Municipal Elections, the UDM took the correct decision to be part of the Coalition Government of Opposition Parties. We entered into a five-year agreement which I had signed as the President of the UDM. In this regard, we affirm our commitment to the coalition government of the Nelson Mandela Bay Metropolitan Municipality and will do everything possible to make it succeed in the service of the people of this area. When we took this decision, we were fully aware of the inherent challenges of a coalition government, but we respected the decision of the people of Nelson Mandela Bay who said, through a democratic process, that they were tired of an African National Congress (ANC) dominated local government. It is not in the ANC’s interest to have this coalition government succeed and we are aware of their desperate attempts to recapture control of this municipality through devious and dirty means. The UDM shall never capitulate and cooperate with them. It was widely reported that there recently was so-called “tension” between the Democratic Alliance’s Executive Mayor and the UDM’s Deputy Executive Mayor. The ANC did everything in their power to blow the matter out of proportion and drive a wedge into this relationship. For your information, there was an administrative misunderstanding that did not threaten a collapse of governance in the metro. The UDM shall always focus on serving the entire community of Nelson Mandela Bay and shall not be led astray by attempts to rock the boat. 3. The work of the UDM in Council Regarding the work of our councillors, one of the urgent issues we must agitate for is the Minister’s well-published allocation of R4 billion towards human settlements. We must work with the Council to demand to see this budget and the implementation programme. Also, on the eve of elections, the ANC administration passed a very populist indigent policy known as the Assistance to the Poor and Rebates policy (ATTP) that has resulted in the bankruptcy of the municipality. They passed this policy in order to attract votes, but residents had already made up their minds that the ANC had lost the plot. UDM councillors must work collectively with their colleagues in the coalition government to find urgent solutions on these matters. The UDM must be at the forefront of rooting out every vestige of ANC corruption and maladministration in the Nelson Mandela Bay Metro Municipality. Our councillors must be seen to unambiguously fight for the eradication of all forms of corruption. This is consistent with what I had said during the Parliamentary debate on the State of the Nation (SONA). In order to put the people if Nelson Mandela Bay first, our councillors must be at all Council meetings and participate in its activities. They must make constructive and qualitative contributions, and focus on strategic issues. All meetings – whether it’s a committee meeting and/or a full Council sitting – must quorate and must take decisions in service of the people. UDM councillors must, when such is required, seek guidance from the leadership of the Party. They must also ensure that they secure proper and qualified technical support as provided for in the Council regulations. Because this is a municipality where the UDM occupies the second highest office, I personally commit to pay a special attention to our work in Council and regularly report to the national leadership. We must not lose momentum or focus. We must harness the energy we’ve generated thus far and use it to find solutions to the challenges facing the people of Nelson Mandela Bay. 4. Working for communities and making communities work 4.1. Putting Communities First: participation in ward committees To achieve our organisational vision and mission, and to make a positive impact on our communities, UDM members must be part of ward committees. Don’t let the ANC scupper our efforts in the Metro by allowing them to hijack ward committees. We must be pro-active and active to raise the issues that affect the people through the correct channels provided for in Council. 4.2. Putting Communities First: review of the IDP The review of the Integrated Development Plan (IDP) for the financial year 2017/18 is underway. Therefore, as part of the coalition government, our task is to know the issues people want pushed in each ward. We must take those to the IDP forums for discussion, integration and budget allocation. We must call for Ward Based Development Plans and budgets. The Nelson Mandela Bay Municipal IDP and budget must be as collection and integration of ward based needs. We must never fail to carry-out this is a task if we are to be true to our manifesto. 5. The UDM’s 20th Anniversary On 27 September 2017, the UDM shall mark the 20th anniversary of its existence. We will celebrate this achievement by reviewing our policies and repositioning the UDM at centre stage of the South African political landscape and discourse. As we announced in our contribution to the State of the Nation Address debate, we have already begun with our preparations for a National Consultative Conference. We want to give opportunity to South Africans of all backgrounds to play a role and bear influence on the UDM. We want to update and reshape our policies as guided by our vision, mission and party platform; and always honour of our Country’s Constitution. We have always promoted the idea that: Government must do more. This is consistent with our principle of Putting Communities First, before ourselves, which is in contrast with the political fashion of today. The UDM is not about individual leaders; it is about the people and therefore, our policy review process will take into cognisance this important principle. 6. Towards 2019 National and Provincial Elections The work we must do in terms of our Ascendency Profile, as well as our work in this Municipality’s Council, must lay a firm foundation for a formidable campaign for the 2019 National and Provincial Elections. In addition to all of the work already mentioned, we must begin now to: • Identify persons to be our party agents and train them, • Ensure that we participate in by-elections where we can make a difference; • Encourage and assist people to get identity cards; • Encourage new voters to register with the IEC at the offices of the Municipal Electoral Officer; • Know where all the Voting Stations are, in all wards; • Participate in the demarcation processes of the Demarcation Board; • Appoint members to the Municipal Party Liaison Committee (MPLC) and attend all MPLC meetings; • Train all branch members as UDM canvassers; • Get the current voter’s roll and monitor the movement of voters from one VD to another; • Pick up on issues that will constitute our manifesto for 2019; With this work, we must continue the fight against corruption, the arrogance of power and the dominance of the ANC. The voice of the people as expressed in 2016 must be heard and realised in 2019. We must aim for better performance. 7. Conclusion On behalf of the national leadership of the UDM, I wish you very fruitful discussions and please, make sure that you represent your party and conduct yourselves in accordance with our Constitution. Good luck and thank you!
