The United Democratic Movement Youth Vanguard (UDM Youth Vanguard) thinks President Cyril Ramaphosa lives in a fool’s paradise if he believes that his government will implement his big plans. Since Mr Ramaphosa became president, every speech has been full of optimism and plans for a new dawn, however South Africans have not seen any implementation. The UDM Youth Vanguard has a lingering question as to what exactly makes the President thinks his big plans are easily implementable and we would like to know if there is an effective strategy in place to successfully execute his plans. Our concern stems from the looting culture we recently witnessed with the Coronavirus pandemic, where government officials were accused of the abuse of state funds, as well as the severe maladministration of the President’s initiatives. A simple example is the dismal failure to implement the R350 special Covid-19 Social Relief of Distress Grant (SRD grant) as, to date, young unemployed South Africans have not received their full grants as promised. It is a struggle for the department of social development to disburse these grants every month to deserving beneficiaries. We strongly reject the assertion, and proffered statistics, that these SRD grants have helped young unemployed South Africans to live above the poverty line. We have experienced a ridiculous increase in food prices, therefore the R350 certainly is not enough to make a tangible difference. The statistics are misleading, and it surely does not represent the realities and hardships that young people daily face. It is repulsive to see the President addressing the nation with misleading information and this culture must be condemned The UDM Youth Vanguard would like the President to present an effective implementation strategy of all the plans he mentioned in his speech, more especially on his plans regarding job creation. We should be cognisant of the fact that thousands of South Africans have lost their jobs during the Covid-19 pandemic and therefore creating 800,000 jobs will not only be challenging, but insufficient. This kind of plan requires strong leadership and integrity which the current leadership has failed to provide to date. The President also needs to be specific regarding the duration of the employment, because it is unfair to create job opportunities that only last for a few months and thereafter the recipients must return to the unemployment benches. We refuse to call that job-creation and it cannot be documented on the statistics as it is demeaning and undignified. We call on President Ramaphosa to issue a directive to all departments with clear plans and implementation strategies, with timeframes, that clearly sets out how his plans must be implemented. Accordingly, those plans must be published so that young people can hold those departments and the relevant ministers accountable. Furthermore, young people are hungry for change and we are tired of empty promises. We want urgent change, and the government should respond with speed. President Ramaphosa must take the necessary measures to hold all government officials who are suspected of corruption to account. Suspend, fire and open criminal cases. The youth is ready to serve this nation and thereby better the lives of all our people. We cannot afford to continue on this slippery slope of corruption and degradation. Young South Africans do not need motivation, they have it is an innate ability. They do not want pity, they want change. Cut the red tape and make it possible for young people to thrive, work and build their own businesses and enhance their standard of living. Issued by: Mr Yongama Zigebe UDM Youth Vanguard
Dear Mr President MINISTER NZIMANDE’S HIGH-HANDED INTERFERENCE IN APPOINTMENT OF VICE-CHANCELLOR OF THE UNIVERSITY OF SOUTH AFRICA 1. Minister of Higher Education, Science and Technology Dr Blade Nzimande’s interference in the departmental processes and administration of the Department of Higher Education and Training (DHET), and that of the Sector Education and Training Authorities, have been reported to your office several times. 2. Seemingly Minister Nzimande’s ambitions do not stop there as he has set his sights on South Africa’s largest university, the University of South Africa (Unisa), in that he is directly interfering with the appointment of its vice-chancellor. 3. Sources indicate that Minister Nzimande had met with the Unisa council where he raised concern about three main issues: 3.1. The high number of students who yearly, directly enrol from high school at Unisa, a distance-learning institution, and the attending problems when these students agitate for National Student Financial Aid Scheme (NSFAS) sponsorship and they expect the same kind of support as students at contact-learning institutions. 3.2. High failure rate. 3.3. Implication of the cost of new technologies on the operations of the university. 4. At this meeting, the Minister indicated that there was a need to review Unisa considering the aforementioned challenges. He also indicated that it would be the right time for the review as the term of office of the vice-chancellor would be coming to an end. The common understanding was that the process of appointing a new vice-chancellor would be delayed until the review was completed. 5. At a later stage, the Minister specifically stated that it was the council’s prerogative to appoint the vice-chancellor and that his interactions with the university’s governing bodies should not be misconstrued as interference on his part. What an odd thing to be pointing out, if that was not in fact exactly what he was doing. 6. The Ministerial Task Team that had been made responsible for the Unisa review, started in mid-July 2020 and it would be logical, that the outcome of the review would dictate who should be appointed to implement the review recommendations i.e. in terms of the needed qualifications, experience, skills, etc. This echoes the initial expectation that the vice-chancellor would be only appointed after the review, yet the process of the appointment is being forged ahead with, with the interference of the Minister. 7. Apparently out of the five candidates that had been shortlisted earlier this year, two had withdrawn and there were those in the university establishment that thought the net should be cast wider. However, on 13 October 2020, the council chairperson and a ministerial advisor had apparently announced that they had identified a preferred candidate and that there would be no need to identify more candidates. I understand that interviews were conducted on the 14th, and the earmarked candidate was in fact recommended. 8. It is said that the preferred candidate has raised concern amongst the Unisa management and staff as there is doubt about this person’s experience and qualifications and, also, that there are many South Africans who should be considered for appointment. 9. Unisa’s council is to convene on 21 October 2020 and is expected to rubberstamp the palace decree. It is also clear that a selection committee had only been put in place to satisfy the policy requirements and it served no actual purpose as the decision on who was to be appointed as Unisa’s vice-chancellor was a fait de accompli. 10. However, Unisa’s council will be tested on Wednesday, to see whether they will endorse a woefully dysfunctional process that was spearheaded by a person who is not even a civil servant. The involvement of the Minister’s ‘industrial envoy’, Mr Nqaba Nqandela, who is masquerading as a DHET representative, definitively compromises Minister Nzimande’s promise that he would not interfere in the vice-chancellor’s appointment. Who mandated Mr Nqandela to poke his nose into Unisa’s affairs? 11. We recommend that you ask Unisa’s council, the outgoing vice-chancellor, as well as the Ministerial Task Team to brief you on the need for the review, its progress, as well as the entire process around appointment of the vice-chancellor. 12. By implication, one would expect that Unisa’s council would postpone the consideration of this item on its agenda, on Wednesday, and that it would not endorse appointment of the parachuted-in candidate, until they have satisfied themselves that the minister’s involvement has not compromised prescribed processes and appointment policies. 13. Mr President, although we have written to your office many times, Minister Nzimande continues to use his briefcase lackeys to intimidate all and sundry in the higher education establishment and this must stop. Yours sincerely Mr Bantu Holomisa, MP President of the United Democratic Movement
Dear Mr President Allegations of political interference by Minister Nzimande in CHIETA CEO appointment 1. I have previously raised with you the alleged interference of the political head of the Department of Higher Education and Training (DHET), the Minister of Higher Education, Science and Technology, Dr Blade Nzimande, in that department’s administration and also in the management of the Sector Education and Training Authorities (SETAs). 2. Yesterday, the Chemical Industries Education and Training Authority (CHIETA) announced the appointment of Mr Yershen Pillay as its Chief Executive Officer. 3. Mr Pillay is a former Young Communist League chairperson and, according to our source, is a personal confidant of Minister Nzimande. In fact, in the communication to staff, announcing Mr Pillay’s appointment, Ms Wezi Khoza (Chairperson of the CHIETA Accounting Authority) flaunted that he works in the Minister’s office as Director Stakeholder Management. 4. To provide further information and context, I remind you of my 10 September 2020-letter regarding the Minister’s reward scheme for party cronies, where his direct involvement is alleged in the creation of five DHET posts for which no logic or justification were provided in terms of the Public Service Regulations. Allegedly, these posts were not advertised; nor was there an appointment committee; nor were competency assessments conducted and no vetting or checking of qualifications were undertaken. 5. Mr Pillay was one of those lucky communists and received a whopping salary of just over R88,000 per month in the 2019/20 financial year. So, whilst business at the DHET is run like the Wild Wild West, Mr Pillay has been rewarded a second time, this time with a SETA CEO-ship. 6. Seen against the backdrop of the past allegations made around Dr Nzimande’s seeming empire building, Mr Pillay’s appointment is clearly another block in that structure, and one wonders at the goal. 7. Actions speak louder than words and no matter what Minister Nzimande says, he does not appear to be building a robust, merit-based higher education management system that works in service of South Africa for the long-term. 8. With due respect Sir, the lack of response from your office to the various matters I have raised relating to Minister Nzimande resembles ostrich politics. I therefore hope that you will break your silence on this topic with a definitive stance. 9. The United Democratic Movement will however in the meantime and in good faith persist in raising issues of national importance with you, in line with your cause to rid government of corruption. Yours sincerely Mr Bantu Holomisa, MP President of the United Democratic Movement
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
The United Democratic Movement (UDM) in Mogalakwena is deeply saddened by the tragedy that took place early this week at an Ivanplats owned mine in Mokopane, which has rocked our entire community. As we keep those families in our thoughts, we are also concerned for this entire community who solely depend on Ivanplats’ Platreef Project to keep food on the table and care for their children. Since the beginning of the year, we have several times seen the mineworkers and the people of Mogalakwena marching on Ivanplats as there are on-going problems, mainly around unfair retrenchments. Another of our concerns is the community’s feeling that the company retrenches locals, yet it continues to employ outsiders. There are lingering allegations that mining on that site is illegal and the Department of Mineral Resources and Energy must give definitive leadership on that score. The UDM in Mogalakwena therefore appeals to Minister of Mineral Resources and Energy to promptly step in to resolve the various conflicts regarding mining in the area to avoid an escalation in community unhappiness, as well as the related acts of civil disobedience that ordinarily follows. This has been going on long enough. – end – Issued by: Mr Pholotsi Samuel Mahlabela UDM Chairperson of Mogalakwena Municipality
The United Democratic Movement Women’s Organisation (UDEMWO) is totally dismayed at how Nosiviwe Mapisa-Nqakula decided to use a South African Air-Force jet to transport African National Congress members to Zimbabwe. The ruling party is so used to abuse state resources, that are paid by the hard-earned money of taxpayers, this mind set is not helping the country to go forward nor our crummy economy. UDEMWO calls on the Minister of Defence Nosiviwe Mapisa-Nqakula to resign with immediate effect clearly she is not interested in her job and has no respect for the taxpayers, which is why she takes such irrational decisions. It is high time that the ANC start drawing a line between the state and their organisation, the abuse of state resources has to come to an end. Since when state assets are to be used to give lifts? Nosiviwe Mapisa Nqakula’s attitude is disgusting! This is unacceptable and as UDEMWO we won’t allow it to happen under our watch. Issued by: Ms Thandi Nontenja UDEMWO Secretary General
Dear President Ramaphosa DEPARTMENT OF HIGHER EDUCATION AND TRAINING: FURTHER ALLEGATIONS OF MINISTER NZIMANDE’S POLITICAL INTERFERENCE: APPOINTMENT OF PARTY CRONIES 1. I refer to my letters of 24 and 31 August 2020 regarding allegations of interference of the political head of the Department of Higher Education and Training (DHET), the Minister of Higher Education, Science and Technology, Dr Blade Nzimande, in departmental processes and administration, as well as the undermining of the senior departmental accounting officers. 2. Minister Nzimande’s alleged direct interference in procurement processes, such as what apparently happened with the National Student Financial Aid Scheme (NSFAS) laptop tender, clearly has disastrous consequences. This much vaunted project has flopped; everyone sits with egg on their faces and our students are left right where they started, without learning devices. NSFAS’s feeble attempt to mitigate the damage, effectively blaming a total of 150 bidders for “getting it wrong”, is almost laughable. 3. It has now come to my attention that Minister Nzimande was allegedly directly involved in twelve DHET appointments in the 2019/20 financial year that were not made in line with Public Service Regulations (PSR) and/or the Public Finance Management Act (PFMA) 1 of 1999. 4. The salaries of these twelve allegedly irregularly appointed individuals cost the taxpayer around R9,7 million a year, but once you consider the allegation that the majority of them are South African Communist Party comrades of the Minister, their appointments take another flavour and one can see why the regulations were seemingly so grossly flouted. 5. It is alleged that, in March 2020, five employees additional to the DHET establishment were appointed, but that there were no logic or justification for the creation of these posts in terms of Section 57(2) of the PSR. Apparently, the posts were not even advertised. I also understand that there was no appointment committee and no competency assessments were conducted as required by Section 67(1). Lastly, there were allegedly no vetting or checking of qualifications in terms of Section 57(3). These appointments are: 6. Another alleged appointment where the Minister had a hand in, is that of a 12-month contract of a Deputy Director-General Planning, Policy and Training, whilst this post already existed in the department establishment and it was vacant. The story with this appointment is the same as with the previous five; none of the PSR prescriptions were adhered to. 7. Two staff members were allegedly headhunted, whilst this is only allowed in terms of the DHET Recruitment and Selection Policy under certain circumstances as described in Section 2.1.6. For some reasons, apparently known only to the Minister, they were both headhunted after only one failed advertisement and the process was not conducted by a recruitment agency. Also, apparently, no verification of their qualifications has been done; they are: 8. The last four instances where the Minister apparently had a hand in are listed below, and as I understand it, there is no evidence on file, that indicates that their qualifications/studies and employment verifications were performed prior to their appointment as is required by Section 67(9a) of the PSR. 9. Much as the blustering rationalisations and irritable explanations come from the Minister, no amount of spin-doctoring can camouflage the dysfunction within the DHET, the Sector Education and Training Authorities (SETAs) and NSFAS. 10. Given the information that you have, I am interested to know what actions you have taken, or plan to take, to address these serious allegations against Minister Nzimande? Have you, at all, considered the United Democratic Movement’s call to suspend him? If not, why not? 11. Lastly, in the interest of setting the record straight, I also refer you to Minister Nzimande’s use of a ministerial briefing to strike at me and his use of a manipulative lie when he said I have an interest in doing business with his department. I wonder how he justifies conscientiously executing his oath of office if a lie is so easily told using a government platform. I wish to place on record that I am not the businessman he disparaged me to be, and that I have no interests, nor have I ever had, in any companies that do business with government and/or any of its entities. I have, in an effort to clear this up with the Honourable Minister, gone to the extent of offering to engage him on this topic on any live radio or television platform of his choice, but the response from his corner has, thus far, been mute. Yours sincerely Mr Bantu Holomisa, MP President of the United Democratic Movement
Good morning and thank you for taking the time to join me on a Saturday morning to talk about entrepreneurship in South Africa. 1. Entrepreneurship in South Africa: a failure thus far 1.1. The ballgame for entrepreneurs was quite different in 1994, as the South African business landscape started to change. A few, some would call, lucky black souls who got their foot in the door, were brought on board in companies as BEE partners, they were nurtured and received 25% control in companies for their efforts. Others became directors, earning fees and were not interested in running businesses and no-one checked if any black South Africans were actually being empowered, and not only being enriched, and even then, it was doubtful whether this wealth was really shared amongst the many. 1.2. Government banks and investment bodies like the PIC, DBSA, IDC and so on, have become piggy banks for the elite and creates more instant multi-millionaires and billionaires, who don’t pay their loans back, than wealth-creators who generate job opportunities for others. 1.3. Tenderpreneurship unfortunately became a negative buzzword somewhere along the line. Of course, business should be done with government, but it became a dirty game of one-upmanship, greed and shoddy or failed deliverables. 1.4. In some instances, black South Africans are used by foreign nationals to score tenders and once you trace where these monies go, they leave our shores for good, which is also unacceptable. Another aspect of foreign competition on South African soil is that foreign entrepreneurs are often subsidised by their governments, for instance in the retail sector to obtain cheap stock, thus making it tough for our local entrepreneurs to compete. 1.5. Another aspect to consider is our economic policy. We had RDP, GEAR, AsgiSA, NGP, NDP and so on. This chopping and changing erodes investor confidence and drives out entrepreneurship. To compound matters, the tri-partite alliance’s differing stances on the economy further confuses policies. 1.6. Without belabouring it too much, the Coronavirus and lockdown, could not have hit us at a worse time and has set us back. 2. The UDM’s thoughts on entrepreneurship 2.1. There must be a paradigm shift in the way that we think of job creation and focus on the empowerment of our youth to be wealth creators, future employers, manufacturers and business owners. 2.2. In order to achieve this, the UDM thinks the following things must be in place: • A distinct national fund must be established to assist frustrated entrepreneurs to get the basic tools to start their businesses. When I say “tools”, I literally mean “tools”, like equipment and gear. The investment must be directly into the operation of those businesses. • Investment in sector-based planning and implementation, including the creation of sector-specific banks to provide financial assistance to historically disadvantaged groups and individuals. Such sector banks could assist the youth to start their own business in, for instance, the textile, IT, tourism, hospitality and agricultural industries. People might disagree with the UDM, but we think billions of Rands are wasted on the SETAs, whilst they could be transformed into such sector banks. • Markets for small firms must be identified through promoting domestic and foreign connections to adequately address both supply and demand. • A massive training programme should help entrepreneurs to build and manage their companies. • Loan opportunities and sources of capital should be identified, as well as facilitating loans and investments in community businesses. • More resources should be devoted to promote: “buying South African” as a tool to stimulate local wealth generation and job creation. 3. Closing 3.1. There is enough money available, but there must be enough political will to make the necessary changes. 3.2. We cannot wait for a minority of whites and a black elite to mass create work opportunities; it hasn’t happened in 26 years. I thank you.
Dear Mr President PSETA: MINISTER NZIMANDE’S ALLEGED MANIPULATION AND POLITICAL INTERFERENCE IN THE APPOINTMENTS OF THE BOARD, CHAIRPERSON AND CEO 1. I refer to my letter to you, dated 24 August 2020, regarding the alleged direct interference of the political head of the Department of Higher Education and Training (DHET), the Minister of Higher Education, Science and Technology, Dr Blade Nzimande, in that department’s administration. Although I have not received a formal acknowledgement of receipt, the Presidency’s automated stock-email response, indicates that you are in receipt thereof. 2. I would like to bring to your attention further information I received pertaining to the Minister’s conduct, in what appears to be interference and manipulation of the administrative process leading to the appointment of the board and chairperson of the Public Service Sector Education and Training Authority (PSETA) as well as the chief executive officer (CEO). 3. Appointment of PSETA board 3.1. The fact that Minister Nzimande twice advertised, at the end of 2019 and the beginning of 2020, the call for appointments to the Sector Education and Training Authority (SETA) boards is a fact. His unexplained reasoning for doing so is, however, open to criticism for several reasons. 3.2. Regarding the 2019-round, I am told that the PSETA employed a selection process that considered merit, continuity, and the requirements of stakeholder representation. Its recommendations were forwarded to the DHET for approval. Yet, it is alleged that the Minister did not make appointments for reasons known only to him, but rather directed for the process to be re-opened. This came as a surprise to PSETA, as I suspect other SETAs, since they had already gone through their long-used process with which they are familiar. 3.3. It must be noted that PSETA apparently did not receive any new nominations during the second round of a request for nominations. This meant that recommendations made to the Minister in 2019 were relevant for appointment. It must be noted that a nomination of a certain Mr Thulani Tshefuta was apparently received during the initial nominations for board appointment but was rejected as he did not meet the requirements. The relevance of this specific allegation will become apparent later in this letter and the Minister must explain this phenomenon. 3.4. PSETA recommended a full roster of six names allocated to organised labour representatives, yet the Minister for some odd reason, appointed five, one of whom did not receive an appointment letter, thus leaving the two existing vacancies. The Minister, again without explaining himself, only made two of PSETA’s recommended reappointments. 3.5. There are two persons, namely Mr Lewis Nzimande (community organisations’ representative) and Ms Linda Dube (organised employers’ representative), who the Minister has seemingly unilaterally appointed. PSETA apparently has no records, such as curriculum vitae and the background check, ordinarily undertaken by Managed Integrity Evaluation (MIE), on file. These documents are crucial for audit purposes. 3.6. The directive by the Minister for re-advertisement without providing reasons and the subsequent appointment of board members who were not recommended nor nominated through PSETA processes is indicative of an abuse of power and manipulation of a regulated process by Minister Nzimande. 3.7. The critical question here is, was this entire exercise merely an attempt to satisfy compliance, whilst the Minister had his own agenda? 3.8. Furthermore, the Minister’s “double advertising” imposed time pressures, which resulted in the newly appointed board being unprepared and they allegedly fell prey to the CEO, Ms Bontle Lerumo, causing them to make decisions before they received a hand-over report and induction, and before they could familiarise themselves with the organisation and previous board resolutions. This is a dangerous set of circumstances, but when one considers the allegation that Ms Lerumo is a confederate of the Minister and Mr Mabuza Ngubane (the Director SETA Performance Management whom I referred to in my previous letter), matters take a shadier turn. 4. Appointment of PSETA chairperson 4.1. Regulation 14(2) of the “Standard Constitution of SETA regulations associated with the Skills Development Act 26 of 2011” was amended in 2017, ironically by Minister Nzimande himself, to allow for SETA board chairpersons to serve two terms of office. 4.2. The motivation had been to ensure continuity and organisational stability. I therefore suspect that all the SETAs were stunned when the Minister directed the advertising of the chairpersonships in late 2019. For reasons known only to the Minister this call was reopened in early 2020. 4.3. The Minister, in essence, unilaterally limited the former PSETA chairperson’s service to one term, this despite the spirit of the aforementioned amendment. I however found it extremely disturbing that the Minister, also for reasons known only to him, decided to appoint Mr Thulani Tshefuta (to whom I referred in Paragraph 3.3) as PSETA board chairperson. It is surprising that he emerged as the chairperson of the board when he did not meet the requirements for the board. 5. Appointment of PSETA CEO 5.1. As I understand it, the appointment of CEOs is in line with the SETAs’ five-year licencing period and that the SETAs’ executive committees and boards (assisted by corporate services) take responsibility for this process. Ms Lerumo’s contract ended on 31 March 2020 but, to ensure smooth transition, she must serve until 30 September. 5.2. This NQF Level 9 post was advertised in two Sunday newspapers and on PSETA’s website, but shortly thereafter the advert was recalled and re-placed (this time only on the website) with an erratum specifically lowering the level of academic qualifications. Why on earth was this done, if not to accommodate a certain applicant? 5.3. Shortlisting evidently took place and, Ms Lerumo, whom I hear does not possess an NQF Level 9 qualification, was amongst the top three performers recommended to the Minister possibly due to the new board’s inexperience and some irregular influence. 5.4. There is already an indication that the Minister refused the top candidate, because he did not know him/her. The initial list of recommended candidates is available, and should the appointment not be done according to this recommended list and Ms Lerumo is appointed, the Minister must be held accountable for flaunting the process in favour of his alleged collaborator. 5.5. It would also mean that the top candidate was discriminated against, because of the Minister’s personal preferences, and that the entire process is legally contestable in terms of our labour legislation. As a matter of fact, given the Minister’s reputation, there could be a wholesale legal action where these SETA CEO appointments are concerned. If the new PSETA board is confident that the process was fair and transparent, they should confidently supply you with all the relevant documentation. 6. Mr President, Minister Nzimande seems to be running DHET and the SETAs from his briefcase and in light of all the nauseating allegations against him that have risen of late, it is incumbent upon you and cabinet to intervene in the appointments of the SETA boards, chairpersons and CEO until the veracity of these allegations are established by your office. 7. This entire set of circumstances demonstrates Minister Nzimande’s seeming lack of duty of care as an executive authority in managing public resources and ensuring efficient public service. He appears to have demonstrated a high level of disregard for public service regulations, not acting in the interest of the public good and is not fit to be a minister and it is your responsibility to sort this out. Yours sincerely Mr Bantu Holomisa, MP President of the United Democratic Movement
Year-on-year, the Msinga Municipality in KwaZulu-Natal (KZN) has been rated one of the worst performing municipalities in the country. Water provision for this community has been a perennially unsolved problem with the Umzinyathi District Municipality, even though the United Democratic Movement (UDM) in KZN has consistently highlighted this issue. It is therefore no wonder that residents in this area have recently taken to the streets to protest poor service delivery. The UDM in KZN is however concerned about the language and tone of Msinga Mayor, Buyiswa Ngcobo, in addressing these service delivery issues, in particular regarding Ward 12, where she is the responsible ward councillor. When she recently spoke on a community radio station, she was arrogant and unsympathetic, indicating that some protestors had already been arrested. As much as the UDM condemns violence and destruction of property, the powers that be in Msinga must realise that the blame for such behaviour is to be laid squarely at their feet. The UDM in KZN furthermore would like to understand why the Mayor of Msinga and the Mayor of Umzinyathi District Municipality, Petros Ngubane, would drag community representatives to a meeting, today, at the Helpmekaar Police Station, which is quite far for the community leaders to travel at great cost to themselves, whilst they are amongst the poorest of the poor. We also question why the mayors wanted the meeting to take place in a police station at all? No community member would feel free to voice their frustrations about service delivery whilst surrounded by armed police, inside a police station. Should tempers flare, we could have another Marikana on our hands. This is unadulterated intimidation and is, in fact, quite irresponsible. The UDM in KZN calls on both the MECs for Cooperative Governance and Traditional Affairs and for Safety and Security to speedily intervene in this situation to help the people of Msinga. — end — Issued by: Mr Boysey Gumede UDM-KZN Interim Provincial Secretary.
Honourable Premier Mabuyane IMMORAL EVICTIONS: MISTREATMENT OF ORDINARY SOUTH AFRICANS BY THE EASTERN CAPE DEPARTMENT OF PUBLIC WORKS WHICH ADMINISTERS PROPERTIES IN WHICH THEY RESIDE (MTHATHA) 1. I was recently approached by a anxious group of persons who have organised themselves under the banner of the Democratic Housing Tenants Association (DHTA) which consists of 72 tenants, all of whom reside in properties, in Mthatha, administered by the Eastern Cape Department of Public Works and Infrastructure (DPWI) and the Eastern Cape Development Corporation (ECDC). 2. I understand that many of the aforementioned tenants have occupied these properties for a minimum of ten years, and up to 35 years in some cases. It is alleged that, since 1994, these buildings have not been maintained by the DPWI/ECDC, aside from the repairs the tenants had done at their own expense. By all accounts this seems to be true. 3. Numerous meetings with the DPWI, as far back as 2001, have apparently taken place where discussions were held regarding the opportunity for the tenants to purchase the houses they have been occupying (and paying rent for) for so many years. Seemingly, despite various DPWI commitments, none of the problems were addressed. 4. I have been informed that discussions around the purchasing of these properties with your special advisor, Mr Zandisile Qupe, on 30 June 2019, who undertook to find speedy resolution to the matter, was for naught as these tenants out of the blue received notices of motion of eviction proceedings in early July 2020. Worse still is that this unnecessary and unconscionable legal action is happening at a time of so much insecurity and fear due to the Coronavirus pandemic. 5. DHTA requested a meeting with your Public Works MEC, Mr Babalo Madikizela, which took place on 25 June 2020. Apparently, although departmental officials had rightfully been present, for some inexplicable reason, the African National Congress (ANC) OR Tambo Regional Secretary and members of the ANC Youth League, were also in attendance and the objections to their presence were ignored. Apparently, no resolution had been found at the end of that meeting and Public Works MEC Madikizela had also instructed the departmental officials to engage with DHTA within two weeks of that meeting, which has to date not occurred. 6. This story is rife with allegations of years’ long mistreatment of South Africans at the hand of the Eastern Cape government, whilst this community did their utmost to find a mutually beneficial recourse in the matter. The fact that it now also seems to be laced with politics is totally unacceptable and should be investigated. 7. I therefore now propose that you immediately involve the national Department of Public Works in the matter to assure some degree of impartiality and lack of prejudice towards ordinary South Africans in a time where their lives are already adversely impacted by the Covid-19 pandemic. 8. I attach the letter I received from the complainants for your assistance and I look forward to your speedy response, as this is an urgent matter due to the threat of legal action. Yours sincerely Mr Bantu Holomisa, MP President of the United Democratic Movement Copied to: Minister of Public Works and Infrastructure, Ms P De Lille The Democratic Housing Tenants Association
Once again, yesterday the nation saluted our foremothers of 1956, those courageous women who took the initiative and challenged the apartheid regime. We owe the freedom we claim to have today to those heroines. What is missing today is that calibre of women, who held the knife on the sharp side. The year 2020 sadly marks a gloomy picture in this history as we contend with the daily escalation of Gender Based Violence in our country. Gender Based Violence and femicide have taken root and threaten the very fabric of our diverse communities. Reports in media state that with the Covid19 pandemic, the numbers in GBV have increased drastically worse. The question is; why are our male counterparts taking out their frustrations on women? Did the women bring Covid19 in this country? Every parliamentary term, the ruling party appoints a Minister for women however the ministry of women seems to be voiceless. We don’t hear their inputs or condemnation of these heinous incidents. The ruling party prides itself on having a 50-50 representation of women in all their structures, including the Cabinet. Do these women have a voice or input on the formulation of policies and laws that govern this country and women in particular? It would seem the 50-50 represents 50% of spectators or rubber stampers. The missing voice of faith-based institutions is a matter of concern especially when one considers the role of the churches during the liberation struggle. Are the faith-based condoning what is happening at the moment? South Africa used to have formations like PWMSA and SAWID which were representative of various stakeholders. What happened to those formations? What is their role in the new dispensation? GBV is rampant in South Africa; raping and killing young and old on a daily basis. A day before this year’s Women’s Day, a mother, a sister, an aunt, a grandmother, a daughter, a mentor, was buried in Sterkspruit after being brutally killed for being accused with witchcraft. This is not an isolated incident. As a nation we have to commit to justice and gender transformation in all sectors of our society; we need to review our laws which seem to favour the perpetrators at the expense of the victims. South Africa needs to create an enabling environment for meaningful existence and equal opportunities for women. A gender equal society is possible. We must draw strength from the spirit of the generation that marched to Pretoria. UDEMWO calls on all women in South Africa to walk in the footsteps of those women, in fighting the scourge of GBV. We must always remember that those women came from all walks of life; there were no political, religious, race divisions. I would like to quote from Tata Mandela where he said “Freedom cannot be achieved unless the women have been emancipated from all forms of oppression.”
Part of the Southern African Development Community’s (SADC) common agenda is the consolidation and maintenance of democracy, peace and security in the region. The protests, abductions of government critics and the prevailing rhetoric are exacerbating instability in Zimbabwe and its neighbouring countries continue to be affected as Zimbabweans keep on fleeing their country in search of safety and relief from their economic circumstances. As matters stand, the United Democratic Movement (UDM) calls on SADC to intervene and assist Zimbabweans to find a solution to the crisis that is intensifying in their country. In addition, we call on all political leaders in Zimbabwe, who have a responsibility to deescalate the tensions before matters go beyond finding a peaceable solution, to act in a sober manner. There is also no place for intractable stances, and they must be willing to find solutions amongst them all and to act in the best interest of their country and her people. There have also been continued reports of attacks on Zimbabweans, who have fled to neighbouring countries as tensions caused by the scarcity of resources in those countries escalate. The UDM calls for tolerance amongst Africans, especially in these challenging times where we all face the Coronavirus pandemic. Issued by: Mr Bantu Holomisa, MP UDM President
After numerous calls and press statements from various organisations, including the United Democratic Movement (UDEMWO), as well as frustrations from parents, sundry teachers’ unions and those who care for the younger generation and the nation at large, the President of South Africa finally took the brave and courageous decision to close schools for some time. UDEMWO welcomes President Ramaphosa’s intervention to close schools for four weeks, Looking from a climatological view, as the country, we will be seeing the back-side of the winter season so the young pupils being Grade R will go back to classroom when it is a little warmer. The Department of Basic Education should use this time to clean up schools, procure the required personal protective equipment (PPE) and monitor the infections, death and recoveries, no blanket opening of schools, our children are not weapons to fight coronavirus, they must be protected at all cost. UDEMWO also accepts the extension of the current academic year into 2021, should the community transmission of Covid-19 continue to increase, the nation must be prepared to sacrifice this school year. Our schools, students and teachers need all the support and compassion during this time. Issued by: Ms Thandi Nontenja UDEMWO Secretary General
I first met struggle stalwart, Andrew Mlangeni in 1989, when we welcomed him and his colleagues, in Mthatha (then Umtata), after their recent release from jail. Thereafter we saw each other at other functions and meetings at Shell House. But one meeting I will never forget occurred in 1990, in Enkululekweni in Umtata, when Ahmed Kathrada, Nelson Mandela, Govan Mbeki, Raymond Mhlaba, Wilton Mkwayi, Elias Motsoaledi, John ‘Joe’ Nkadimeng, Walter Sisulu and OR Tambo met with Generals Matanzima, Mgwebi and I to discuss the so-called black-on-black violence. We were extremely impressed with their thinking and their line of questioning. One thing we agreed upon was that the plan was clear that De Klerk’s government wanted to discredit these leaders who did not have the tools necessary to defend themselves. The Andrew Mlangeni I knew was very humble and it always made an impression on me that he decided to stay in his original home in Soweto. When we played golf together with him and he beat us, I always jokingly asked him why he played so well as there was no golf course on Robben Island for him to have practiced and that this must be investigated. I last saw uTata uMlangeni earlier this month to present him with a gift for his birthday and wish him well, little did I know it would be the last time we would see each other. To his family, and particular his son Sello, his friends, and the African National Congress, our deepest condolences. He will live on in our memories. May his soul rest in peace. Issued by: Mr Bantu Holomisa, MP UDM President
Mr CM Ramaphosa President of the Republic of South Africa Private Bag X1000 Pretoria 0001 Dear Mr President RE: Alleged looting of state resources, through the DBSA, by some of the same people who have been fingered in the Public Investment Corporation investigation 1. I wrote to you a little more than a month ago, on 17 June 2020, regarding my grave concerns over the apparent looting of state resources by some of the very same individuals who were found to have had an enhanced ability to secure easy access to Public Investment Corporation (PIC) funds, as well as some new characters, who have now seemingly set their sights on looting from the Development Bank of Southern Africa (DBSA). 2. In the 17 June-letter I also suggested that Treasury intervene and cause the DBSA to urgently stop the Crede Power and Infrastructure funding, via a vehicle called Poseidon, and that investigation be made into the allegations of impropriety. 3. Much water has flown under this bridge and, since then, the individuals who I had named in my letter, first tried to bully me via a lawyers’ letter and had ultimately run to the courts in an attempt to, what appears to me, intimidate and of course gag me. Their first volley failed as the court removed their application from the urgent court roll and they were ordered to pay the wasted costs occasioned by the set-down on the urgent court roll. 4. I had also made a Promotion of Access to Information Act (PAIA) application to the DBSA to obtain all the information pertaining to the Crede Power and Infrastructure/Poseidon water project but was unsuccessful because the DBSA relied on frivolous technicalities to refuse my request. I am of the view that this was a gambit to play for time. Speculating about the real reason why they acted in this manner, leads me to think someone was up to no good. 5. The DBSA’s chief executive officer and managing director, Mr Patrick Dlamini, had also decided to engage with me in letter-warfare, which I believed to be yet another effort to intimidate me. But, knowing what I know now, I suspect it might also have been a play for time to cook the books. 6. I was quite disturbed, last week, to learn that there had been alleged interference with the DBSA’s computer systems, where electronic documentation and records on the Crede Power and Infrastructure/Poseidon water project had been made to vanish at the time of my PAIA application, thus frustrating a good cause, whilst aiding and abetting those suspected of ill deeds. 7. Up to now, there have been far too many coincidences, that point to a massive cover-up. For instance, Crede Power and Infrastructure’s website being unavailable, just after my complaint to you and a threat from some lawyers, when I wanted to double-check my researched information. Then the DBSA spitefully refused my PAIA application and Mr Dlamini inadvertently confirmed, in writing, that the information at my disposal was accurate. Now we have an alleged sudden clean-up and wipe-out of critical information on the DBSA’s funding of the Crede Power and Infrastructure/Poseidon water project. 8. This brings another serious matter into focus and that is whether there are any other current funding deals at the DBSA, involving the same parties, of which we are unaware and whilst the grass is growing underneath your feet, evidence of such are also disappearing. 9. Given the information I have imparted to you in this writ, I wonder whether you and/or Minister of Finance Tito Mboweni can rely on any information provided to you by, who in my view are, potentially discredited DBSA executives. 10. I submit to you that there is a clear need for an independent forensic investigation to review the entire matter and in particular the alleged tampering with the DBSA’s computer records. Forensic investigators will be able to validate which files and what information have been tampered with and/or have been deleted. Computer experts will also be able to ensure that any restored information is legitimate. 11. The other matter that I had raised in my 17-June letter had been that PIC board member, Ms Irene Charnley, had allegedly received a USD 20 million loan from the DBSA and that she has yet to pay that back. It might behove you to also have investigation made of the DBSA’s loan practices and whether those loans are serviced, and who the culprits are that do not pay their instalments as per the agreement with the bank and why. 12. I remain at your disposal to discuss these matters and I reiterate my request that a forensic audit is urgently needed to get to the bottom of what seems to be the machinations of the greedy and the looting of state resources. Yours sincerely Mr Bantu Holomisa, MP President of the United Democratic Movement Copied to: Minister of Finance, Mr Tito Mboweni DBSA Chairperson, Mr Enoch Godongwana DBSA Chief Executive Officer and Managing Director, Mr Patrick K Dlamini
There are remarkable lessons to be learnt from the life of Nelson Rolihlahla Mandela, the man who managed to unite South Africans from all walks of life after having wasted away in prison for 27 years. His amazing lack of bitterness, cynicism and hostility at this personal injustice astounds to this day. We must understand that, by the time he walked this earth as a free man, the socio-economic conditions for the majority of South Africans were in dire straits and there was, and unfortunately still is after 26 years, a need to address the backlogs and imbalances of the past. We must also remind ourselves that, militarily speaking, there was no winner of a war between black and white. Our leaders soberly decided to negotiate a bloodless transition into a free South Africa and our journey to promote the quality of life for all South Africans had only then started. The Constitution, which Madiba played an integral role in crafting, does not mince words in terms of government’s obligation to ensure that all South African’s rights are protected and honoured. But, the results, so far, are embarrassing and the governing party has failed at designing implementable and sustainable policies that address these inherited socio-economic imbalances, or the set of challenges we have faced these recent years. Instead its policies and management style are laced with corruption, tribalism, nepotism and racism. It also has become a handy, knee-jerk excuse to blame apartheid for the governing party’s every failure. How could apartheid have caused their corruption and scandals, such as the Arms Deal, Sarafina 2, Transnet, Prasa, VBS, relationships with the Gupta family, the Eastern Cape “ambulance scooters” and the millions of Rands syphoned through municipalities, like with the recent OR Tambo water and sanitation projects? Apartheid, really? What the governing party does not seem to realise is that South Africa is in serious trouble with its lack of programmes to integrate South Africans and to address the existing socio-economic imbalances. A classic example of this is our government’s response to the Covid-19 pandemic, where South Africa has been caught off guard in terms of our infrastructure capacity and human resources. We have lost the plot and I cannot help to think: What would Madiba do? The spirit of reconciliation is a lesson he taught by example. How to listen to each other; to acknowledge the dignity and views of the person on the other side of an argument. Madiba also taught us to find common cause despite our differences, but we seem to have forgotten this lesson. Madiba would have been disappointed at what we have allowed ourselves to become. He would probably have told us on his Twitter account, that, #ColouredLivesMatter, #IndianLivesMatter, #WhiteLivesMatter, #BlackLivesMatter and ultimately, that #AllLivesMatter and that #AllSouthAfricansMatter. We have a lot of work to do to get back on track and achieve social-cohesion as South Africans. So, how would Madiba have counselled us? He would surely have pleaded with us to show respect to our fellow South African, no matter our colour, tribe, race, sexual persuasion, religious belief, physical inability, age and gender. We must constantly remind ourselves to stay the course and do what is right. We have many common causes, which, at the very least, is that we are all patriotic and love South Africa. Let us harness our rich diversity to address the challenges of our economy, education, health, and safety and security, etc. Let us honour what Madiba and his peers (who were black, white, coloured and Indian) fought for and transform South Africa into a united and winning nation. Let us, every year, as a birthday gift for Nelson Mandela, engage each other with an #AllSouthAfricansMatter attitude, especially when we disagree. Issued by: Mr Bantu Holomisa, MP UDM President
Advocate Shamila Batohi National Director of Public Prosecutions Private Bag X752 Pretoria 0001 Dear Advocate Batohi Being sent from pillar to post: serious staff frustrations within the National Prosecuting Authority of South Africa in the Eastern Cape, Kwazulu-Natal, and Western Cape offices in particular 1. I was recently approached by a group of concerned prosecutors who work mainly in the Eastern Cape, KwaZulu-Natal and Western Cape offices of the National Prosecuting Authority of South Africa (NPA), though I understand the frustrations they brought to my attention prevail in other provinces. They have petitioned my assistance in their plight to be heard as their frustrations are festering into resentment and anger. 2. I read with interest your comments during your “listening tour/staff engagement” at the start of this year and in particular the results of a staff survey where you listed, lack of promotion, no career growth, high staff vacancies, low staff morale, and budgetary constraints as some of the complaints that staff had registered. The complaints now on my desk echo this list to a great extent. 3. From my reading of the group of concerned prosecutors’ complaints, the aforementioned matters are particularly true for prosecutors who work in rural South Africa and who depend on greater resources to get about and do their jobs. 4. However, the group of concerned prosecutors have additional complaints to those already mentioned and have made allegations of nepotism and racism. The persistence of claims of racism in the NPA over the years is worrying and clearly the solution has not yet been found. 5. I have been made to understand that the NPA has appointed a person to investigate the allegations of racism and nepotism within the organisation, but that this investigator is either too busy to attend to new complaints and/or refuses to accept such. I am interested to know what this investigator’s scope of operation is and whether it is true that some complaints are not being accepted and/or attended to and if so, why. 6. Amongst the worst of the claims made by the group of concerned prosecutors are that there are several people in senior positions within the NPA’s provincial structures who have been tainted by allegations of corruption and, whilst complaints have been lodged against them, nothing has seemingly been done to address those complaints. 7. I also refer you to your memo dated 13 December 2019, but signed on 6 January 2020, wherein the group of concerned prosecutors’ appeals for intervention was shot down, as their union had not yet been recognised by the Public Sector Coordinating Bargaining Council to represent employees in the public service. Even though this might be technically and legally correct, I find it disconcerting that you would rely on a pure technicality to, for all intents and purposes, seemingly ignore what might be serious problems within your organisation. 8. I believe what frustrates this group of concerned prosecutors the most is their feeling that their emails and letters to you, as well as meetings with you, have been for naught. They feel that they have not been properly heard nor have any of their complaints been addressed, for whatever reason, and that they are now being victimised by NPA middle management for speaking out. 9. I have also noted that your office had, in the media in late January 2020, indicated that you would be looking into the concerned prosecutors’ complaints, but judging from their contact with me, you have not yet done so. 10. I would be grateful if you would take me into your confidence regarding your views on the matters I have raised above, the plans you have made and actions you have taken to address the complaints on your desk and the progress, if any, that you have made thus far. 11. I hope to hear from you soon. Yours sincerely Mr Bantu Holomisa, MP UDM President
We listened attentively to President Cyril Ramaphosa’s recent announcements regarding stricter regulations governing our lives in the face of the exponential increase of Coronavirus infections in South Africa. The United Democratic Movement Youth Vanguard (UDMYV) has noted that the President couched this decision as being necessary to relieve the pressure on our healthcare system. An immediate ban on alcohol was also imposed, because of misbehaving citizens who land in hospital due to alcohol related injuries and this takes up much-needed bed space. What we do not understand is that Health Minister Zweli Mkhize was super confident that our healthcare system was ready to deal with an enemy that has felled first world countries’ healthcare systems. Now the President, in so many words, admitted that our healthcare system is in fact under severe pressure and is not ready, as there is, for instance, still a serious shortage of more than 12,000 health workers. We hear of hospitals that have no water, staff who receive substandard personal protective equipment, bulk Covid-19 infections of hospital staff and how fear and anxiety are causing panic among them. To make matters worse, we understand that analysis of the coronavirus’ genome sequence found a mutation, which makes the virus more infectious than the original strain; we better hope and pray this mutation does not happen in South Africa. The mysterious National Coronavirus Command Council (NCCC) and Cabinet are making and breaking as they please and never unpack their decisions satisfactorily. We therefore call on Parliament, as the oversight arm of the state that holds the executive to account, to investigate our healthcare system’s state of readiness. Who was speaking the truth when? Something is severely wrong here. Lastly, the UDMYV feels strongly that the NCCC must go back to the drawing board and eliminate some inequalities in their regulations. If children are forced to go back to school and risk coronavirus infection, Parliament must, with immediate effect, suspend its hybrid model of sitting, and all Members of Parliament must go back to their benches to work. We do not understand why it is different strokes for different folks. Where we do agree with the President is that we must unite in making sure that we win the fight against the coronavirus, it is indeed in our hands (quite literally) and no one will help us, except us. Let us spread the message to wear masks and wash hands and hold each other accountable, we need to be responsible not just for ourselves, but also for others; especially the frontline healthcare workers who daily put their lives on the line to take care of ours. Issued by: Mr Yongama Zigebe UDM Youth Vanguard
Mr Patrick K Dlamini Chief Executive Officer and Managing Director Development Bank of Southern Africa PO Box 1234 Halfway House 1685 Dear Mr Dlamini Development Bank of Southern Africa’s strange treatment of the allegations of corruption regarding the Poseidon water project and its funding 1. I respond to your letter of 10 July 2020, which the Development Bank of Southern Africa (DBSA) Company Secretary, Ms Bathobile Sowazi, sent at 22:57 on a Friday. Looking back at other emails, after hours correspondence seems to be the norm at the DBSA and one can but speculate as to the reasons why. 2. In all your letters to me regarding the Poseidon water project you sound defensive and blustering regarding the DBSA’s handling of this funding deal. Why would you cover your wickets with such excessive vigour and choose to cast aspersions on my bona fides? 3. You stated that I have “…publicly disclosed confidential information and documents belonging to the DBSA’s clients…”, what I interpret this to mean is that the information at my disposal is true and accurate. You are, in fact, right to be worried that the DBSA’s credibility might be undermined, as it, and/or some of its leadership, are seemingly engaged in activities they do not want exposed. 4. It is interesting that you decided to pre-empt President Ramaphosa’s response to my request for an investigation of the Poseidon deal. Now that you have positioned yourself as the president of this country, will you please tell the nation how the following people, as per your below document, are involved in the Poseidon transaction and how they directly and/or indirectly benefit from this deal. 5. This list of politically exposed persons (PEPs) in Poseidon’s group structure is a veritable Who’s Who of directors of public owned entities. It raises questions about the comprehensiveness and effectiveness of the DBSA’s due diligence processes in terms of corporate governance as defined in the Companies Act, No. 71 of 2008 and its 2011 amendment, the Public Finance Management Act, No. 1 of 1999 and the fourth revision of the King Report on Corporate Governance. 6. Item number 4 of the above document (in the picture), refers to the Public Investment Corporation (PIC) directors who were identified as PEPs in this deal by virtue of being board members of a state-owned entity. Who exactly are these PIC board members your document refers to i.e. the board members at the time of the submission of the application or those at the time of its approval? Either way it would be helpful if you could explain their involvement in this private, for-profit matter and whether the DBSA condones this kind of association. 7. It is confounding that your very own document states that Dr Renosi Mokate is a PEP by virtue of her being a trustee of the Harith Holdings Employee Trust and the board chairperson of the Government Employees Pension Fund (GEPF), yet she made a bare denial of any connection to Poseidon in her submission to the court in her defamation case against me and the United Democratic Movement. So, the questions the public and/or a judge might ask you are: Who added her name to this document, and why? Also, from where did you obtain this information? 8. Ultimately you are to be thanked for confirming the veracity of the above information. We will however ask those individuals (including the GEPF chairperson) who ran to court, to explain why their names appear on a DBSA document pertaining to the Crede Power and Infrastructure Investments/Poseidon funding application. 9. Our letter to the President is clear in terms of what we want to be investigated. Part of that would be that you seemingly misled the DBSA’s board by allegedly recommending that this project be funded despite the above information being at your disposal. Worse still is that some of these PEPs have been fingered in the Commission of inquiry into allegations of impropriety regarding the Public Investment Corporation. Why are you promoting and protecting these people? 10. You have placed on record that “On or about June 2019 the DBSA received an application from Crede Power and Infrastructure Investments…”. Mr Jabu Moleketi left as DBSA Chairperson in December 2018. What these two facts mean is that the Crede Power and Infrastructure Investments/Poseidon funding application was submitted to the DBSA within six months of his having left the DBSA, which I understand is in contravention of the DBSA’s twelve month “cooling off” period for directors who have left the Bank. The public might ask you whether these facts were disclosed to the Board when it considered and approved the funding application? 11. Your artless attempt to threaten me with “the law” where it pertains to whistleblowing, begs the question: “Is it not nice and convenient that the DBSA decision-makers, in the Poseidon water project deal, can hide behind this country’s laws?” This might exactly be the reason why there was no other way of exposing the alleged corruption in the way that we have. 12. The DBSA’s refusal of my Promotion of Access to Information Act 2 of 2000 request, because of technicalities, is utter drivel. You and Ms Kim Sanderson (DBSA Deputy Information Officer) who wrote to me, know exactly to which deal I was referring and what information I had asked for. Such seemingly spiteful delaying tactics could be interpreted as the DBSA playing for time to “cook the books”. If I were in your boots, I would be preparing to explain this mess in court. 13. Your 10 July 2020 letter smacks of a panicked response to being confronted by facts that are not to your and your colleagues’ liking, least of all to the liking of the PEPs involved in Poseidon. 14. I walk away from all your correspondence, thus far, with a very repulsive taste in my mouth and the perturbing feeling that you are not acting in the best interest of the people of this country. Yours sincerely Mr Bantu Holomisa, MP UDM President Copied to: Minister of Finance, Mr Tito Mboweni DBSA Chairperson, Mr Enoch Godongwana DBSA Company Secretary, Ms Bathobile Sowazi DBSA Deputy Information Officer, Ms Kim Sanderson Mabuza Attorneys, Attorney Eric Mabuza
Mr Glen Mashinini Chair of the Electoral Commission Private Bag X112 Centurion 0046 Dear Mr Mashinini Call on the IEC to host a meeting for political parties to debate South Africa’s democratic ideals, electoral reform and the impact of Covid-19 on elections 1. The United Democratic Movement (UDM) has had in-depth internal discussions around two critical matters that have already impacted on, and will still impact, the way that South Africa practices democracy and runs elections. One is of course the Constitutional Court’s judgment that the Electoral Act 73 of 1998 (‘the Electoral Act’) is unconstitutional in so far as it requires candidates to contest national and provincial elections only as members of political parties and, the other, the impact that Covid-19 is having, and will have, on future elections. 2. We have also noted the opinions of some political parties on electoral reform, as well as that of the Independent Electoral Commission (IEC), expressed in the media. 3. One such item is the notion of combining national, provincial and local government elections, especially given the impact of the Covid-19 pandemic on the IEC’s preparations for the 2021 Local Government Elections and what an election would look like – in a little more than a year from now – with the uncertainty around our continued journey with the Coronavirus. Combining our elections will require constitutional changes and the practicality of somehow altering the five-year election cycles to achieve synchronicity, and the impact it will have on democracy, must be carefully considered. 4. The UDM has long been of the view that changes to our electoral system is indeed needed and the opportunity has presented itself, no matter how it was precipitated, to have earnest debate around public representatives’ accountability to the electorate and whether South Africa’s purely proportional system is the right tool to ensure that. 5. But to our minds, the most important change necessary is the need to have voters directly elect their president of the country, as is the case in many established democracies across the globe. The UDM believes that South Africa’s president should be directly elected by her people, and be held accountable to them, instead of the around 3,000 delegates at a party congress choosing a party president to be foisted onto an entire nation. 6. It is necessary to have a structured debate around these issues and it is imperative that we, as political parties, must formally engage as primary stakeholders of the IEC and South Africa’s democratic processes. 7. Given the complexities of the matters on the table, we must start the debate now in order to (if there is consensus that changes to our electoral systems are necessary and will achieve greater democracy) amend the Constitution, the Electoral Act and the Municipal Electoral Act 27 of 2000 and the attending regulations. 8. The UDM therefore calls on the Electoral Commission to urgently host a formal debate, maybe in a virtual hybrid format, where political parties can officially table their policies on the matter of electoral reform so that we can chart the way forward. Time is of the essence. Yours sincerely Mr Bantu Holomisa, MP UDM President Copied to the leaders of all political parties and the people of South Africa