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29 Jan, 2020
Free education a reality or a dream deferred
In December 2017 on the evening of the ANC Conference, South African youth woke up to news that free higher education was finally a reality as the then President Jacob Gedleyihlekisa Zuma declared. These news were greatly received with jubilation hence fees must fall activists thought they finally won the long war that has seen many young people lose their lives and others like Khanya Cekeshe activists incarcerated for a cause they so much believed in. The fees must fall campaign saw many violent attacks and blood was shed as the ANC government was very sluggish in responding to the cries of young people who so wants to be educated in-order for them to be formidable players in all economic activities. It was the same Minister Blade Nzimande who was at the helm of the Department of Higher Education and Training then and he is still today as we see yet another historical National shutdown. This is really Minister Nzimande’s legacy in this ministry, every time he holds this position in this particular department there emanates chaos as young people feel that what he says and what is happening on the ground do not talk to each other. The United Democratic Movement Youth Vanguard is of the view that there are no measures in place, plans to curb such from re-occurring, year in year out there are these shutdowns of higher learning institutions. Clearly there’s no preventative work done, and the DHET get surprised when each academic year resumes. The Youth Vanguard lamented the appointment of Minister Nzimande into DHET and all those cries and of many young South Africans fell on deaf ears as our President felt obligated to appease his comrades, factions within the ANC and tripartite alliance above the interest of the country. This is costing the country dearly. What young people are fighting for are not new demands or needs they’ve been there for years and we have called for action and decisive leadership and nothing has emanated. The UDM Youth Vanguard proposes that there should be a synergy between the two departments of lower and higher Education, since the latter seemed to not know how to prepare for the in-take of matriculants that have passed each year. These two departments are required to work closely together. Selling out the youth dreams is a gross human rights violation. A country that does not take care of its youth is a country with no future. The way things are, the ruling party will be judged negatively by history. Issued by: Yongama Zigebe UDMYV Gauteng Secretary
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27 Jan, 2020
Enough is Enough: Laticia Jansen
The United Democratic Movement Women’s Organisation is totally flabbergasted with the ongoing behaviour of violence within schoolers in South Africa. Every day, every week, we wake up to devastating news of yet another learner that has lost a life. This has become a norm in our society, with so many questions left unanswered. Sending your children to school to get education nowadays simply means you are sending them straight to death, isn’t “Education the most powerful weapon which we can use to change the world?” Clearly it is not, if death of our children is the price. The UDEMWO calls on the School-governing bodies and serve its purpose thoroughly, what we are witnessing at the moment as South Africans is pure disaster, the SGBs are failing dismally. Our children spend most of the day at school, The Educators should take full responsibility of what happens to them, In Leticia’s case the school transport driver that left her behind is as guilty murderers. He must be apprehended as soon as possible. The UDEMWO calls on all school to have control measures when it comes to picking up scholars, and if the scholar isn’t boarded on the transport, the teachers and the parents should be made aware. The government should take these cases serious as this is getting out of hand by day. To the Jansen family; We send our heartfelt condolences. May your precious princess rest in eternal peace. Issued by: Ms Thandi Nontenja UDEMWO Secretary
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23 Jan, 2020
Justice for Sibongile Nkhwashu
The United Democratic Movement Women’s Organisation (UDEMWO) is disgusted by the acts of South African men who have no respect for women’s lives. In the previous year, we have seen women die at the hands of men. It is 22 days into the new year, and we wake up to shocking and devastating news of yet another young woman who has been brutally murdered by her boyfriend. The question lingers “What has happened to the moral compass of the South African male?’. These thugs do not deserve to be called men, because real men do not abuse nor do they take life. Intern Dr Sibongile Nkhwashu’s life was cut short by an animal who goes around calling himself a man, a life that was supposed to be absorbed into the health sector to increase the numbers of much-needed doctors in this country, has been taken away from us because of the degenerate moral compass of her boyfriend. Where should women live and in order to lead safer lives in our society? Femicide robs society of a brighter future; this is totally unacceptable UDEMWO calls for harsh punishment and no bail for the alleged perpetrator and all perpetrators of gender-based violence (GBV), we further call on all sectors of society to weigh-in on GBV in order to have a collective and a united voice against it. This is not only a government issue, however a societal issue that needs all our efforts to defeat it. We need safer communities with zero tolerance for crime, members of community working with the police, civil society, religious/faith groups and all stakeholders to curb this scourge. Government should expand and accelerate these interventions and reinforce its work on the 365 days of activism and not just sixteen days. Issued by: Ms Thandi Nontenja UDEMWO Secretary General
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22 Jan, 2020
A weird way of Employing teachers in KZN!
The United Democratic Movement (UDM) in KZN, appeals to the Department of Education in the province, to be cognisant of the ‘transparency’ element in the ‘Batho Pele’ principle when it comes to employment of teachers. The Department has since taken upon itself in employing teachers instead of them being appointed at their respective districts due to “alleged corruption which involved nepotism and bribery”, among other reasons. All teachers seeking positions are required to enter their details on the provincial database, online. The unfortunate part is that nothing gets sent to the applicant which serves as a confirmation of successful registration on the database, other than the pop-up on the screen after a successful registration. Against the fact that, as the UDM, we have spoken to quite a few teachers who are still waiting for more than a year for placements, the UDM registers a concern that in December 2019, there was a facebook notification which was later made a whatsapp message that was circulated, calling for the qualified teachers to present themselves to a private lawyers premises in Pietermaritzburg, whereby the teachers were appointed on the spot. The UDM visited these premises on 14 January 2020 and confirmation was made that teachers were interviewed from those premises and were appointed on the spot. Therefore, the United Democratic Movement (UDM) in KZN, calls for the Department of Education in the province to explain the purpose and use of the database whereas it uses some private persons to randomly hire teachers from their private premises on its behalf, disregarding the database system that it put in place. The employment system must be transparent. Ends. Statement issued by: Boysey Gumede UDM-KZN Interim Provincial Secretary
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21 Jan, 2020
Dismissal of corrupt managers at the SABC is not enough!
The United Democratic Movement is of the view that the reports that shows the South African Broadcast Corporation (SABC) has lost 1.5Billion in revenue over the period of 2018/19 is unacceptable to the core. The dismissal and disciplinary measures by the Public broadcaster are not enough punishable measures for the perpetrators. The public has heard enough of this. The SABC, recently got a bailout of 2.1Billion rand for their incompetence, irregular expenditure, irregular discounts and corruption milking the public broadcaster’s purse. These unacceptable practices is continuously putting pressure, load on the public purse to save the corporation. If top management does not play blind into irregularities at the SABC, taxpayers would not have to bail this SOE. Seemingly, the current SABC board is also failing to bring about positive and effective change, the board knew exactly what was happening at the public broadcaster since taking over from infamous Hlaudi Motsoeneng’s board. They promised to bring about change as they claimed to have a turn-around strategy. The South Africans were prepared to give them a sympathetic ear but have been let down again. The UDM call for the Minister Stella Ndabeni-Abrahams to be decisive in taking harsh stance and heads must roll at the SABC starting from the board members. We demand that criminal charges be brought forth to all those involved in this corruption with impunity. We need to see them behind bars. The youth of South Africa is yearning for opportunities of employment in order to realise their dreams as producers, presenters and directors at the public broadcaster, however, some greedy individuals are taking away all those dreams from them. The UDM can no longer be by-standers and watch our future becoming bleak every minute. How long will these SOE’s milk South African’s hard earned money that would have been used to create much needed opportunities, building a winning nation with a thriving economy. We are tired of incompetence and it should end now! — end – Issued By: Bongani Msomi UDM SECRETARY GENERAL
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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
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11 Dec, 2019
Access to the internet is a human right!
The United Democratic Movement Youth Vanguard welcomes the Competition Commission call for the South African mobile operator giants Vodacom and MTN to reduce their data charges by 30% to 50% within two months. This has been a call that the UDMYV has made for quite some time, calling for data to fall and allow young people to access jobs, business opportunities, studying purposes, social safety awarenesses and other miscellaneous itinerary. It is unacceptable and business unreasonable to have South African originating mobile network operators selling data at a lower cost in the neighbouring countries than at home. Our local data costs are significantly high consistently marginalizing the unemployed, low income and poverty-stricken young people. Internet allows for more sustainable development and economic participation and if South Africa is serious about growing an all-inclusive economy, now it is the time to walk the talk. Access to Internet is a basic Human Right equivalent and in line with 2.8 Freedom of Expression, 2.14 Freedom of Trade, Occupation and Profession, 2.21 Education, 2.24 Access to Information, etc. Access to Internet means e-commerce, e-business/ e-trading, e-marketing, e-health, e-learning & e-training, e-government, etc and citizens, especially, youth are currently held on captive with the high data tariffs. As a United Nations’ member state, an attendee and participant of the World Summit on the Information Society (WSIS), and an adopter of A Call to Action of the African Union’s Agenda 2063 looking at Connecting Africa through World-Class Infrastructure with specific reference to ICT, South Africa is infrastructural and technically behind its promise. The UDMYV calls on Minister Stella Ndabeni-Abrahams, Minister Ebrahim Patel and the Independent Communications Authority of South Africa (ICASA) to carry on expedite plans to release more spectrum to allow the industry to grow and be competitive in the world that is fast changing and heading towards the popular Fourth Industrial Revolution (4IR). They must give specific timeframe on the issue of the spectrum as to when will it be released and all other related details putting her confidence to the public. Also as she claims to be a pioneer behind the 4IR, Minister Ndabeni-Abrahams should have paved a better foundation first by ensuring that a high speed broad-banded and low to free internet society with cyber-security in place is created. The sooner this is done the lesser we will hear stories from services providers of less spectrum. We commend the Competition Commission on this move and hope that this will be extended to all the network providers not just MTN and Vodacom to comply and reduce data without compromising its speed. — End — Issued by: Mr Masonwabe Nqawe UDM Youth Vanguard Western Cape
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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
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05 Dec, 2019
Call to keep South Africa rubbish-free over the Festive Season
As we approach the annual exodus where most South Africans return to their homes in the rural areas, and travel to holiday destinations, to take a rest period and celebrate the Festive Season, we are confronted with the usual littering along our roads. Travelers tend to throw garbage out of car and taxi windows, and this makes for an ugly sight, especially along our coastlines and heavily travelled routes e.g. Viedgesville to Coffee Bay/Hole in the Wall and Mthatha to Port St. John’s. Not only is this bad for our environment, but it negatively affects tourism. The United Democratic Movement (UDM) therefore call on all passengers and drivers alike to keep a container in their vehicles to dispose of rubbish inside the vehicles and then, to throw that away at the first bin marked for refuse at a rest stop. We call on people to not dispose of rubbish and building material at random spots along the roads at the outskirts of towns, but to take such rubble and waste to sites allocated for such disposal. Please go the extra mile and do the right thing. There is also a tendency of shop owners and businesses to dump packaging material, like cardboard boxes, on the pavements next to their premises. This must practice must come to an end. It is imperative that municipalities step-up their cleaning and waste disposal regime and double their efforts to keep our towns and cities clean over December and January. On 18 December, the UDM will drive a clean-up exercise in the King Sabata Dalindyebo (KSD) and Nyandeni municipalities and we invite all and sundry to take part. We have been in communication with the mayors, speakers and city managers of KSD and Nyandeni and call upon them to champion this initiative. We therefore ask that the managements in these municipalities make refuse bags and trucks available to assist in the cleaning process. Donations of bags and other cleaning materials are most welcome and shop owners and any private individuals are encouraged to contact us. We also appeal to truck and bakkie owners to take part in this clean-up drive. We call on councillors and the local communities to avail themselves and participate actively in this cleaning exercise. Released by: Mr Bantu Holomisa, MP
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04 Dec, 2019
Gender-based violence: enough is enough!
The United Democratic Movement Women’s Organisation is disheartened about how these brutal killings are becoming a norm in our communities. Another young life lost, another bright future deprived. We cannot afford to have yet another hashtag with no action taken by the Police and other relevant departments including the Presidency. It is sad that women cannot live freely within our communities throughout South Africa, every day we read/hear of women being killed because men see women as sex objects. This behaviour is utterly disgusting. The UDEMWO calls on President Ramaphosa to take its call seriously by calling referendum on death penalty. Clearly the life sentences that being handed by the Courts, are not deterrent to these heinous crimes. Gomolemo Legae killed on the 1st of December, 2019 was just a young, innocent girl, a bright future awaited her, and right now she is no more. Kgaugelo Tshawe was also brutally killed few days just before the so-called 16 days of activism. Being a woman at this point in time in South Africa, you are just waiting to be a next victim. Why can’t we have 365 days of activism against women and children? What will it take for Government to act? How many more women must die before the government can act? Enough is Enough! The UDEMWO has written an open letter to President Ramaphosa on the 09-September-2019. We were hoping Mr President would speedily act on this, as women are under attack, the time for speeches and dialogues around this issue is over. We would like to see a government that implements change and not just talk about it. -end- Issued by: Ms Thandi Nontenja UDEMWO Secretary General
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26 Nov, 2019
Member’s statement: Holomisa on United Kingdom visas
Honourable Speaker, For some time now the United Kingdom (UK) has required South Africans to apply for visas to visit the UK, because of that country’s security concerns. This includes the tedious requirement to obtain a transit visa to connect with flights to other countries. Yet, South Africa is still committed to freely welcome UK travellers and business-people to our shores. Rightly or wrongly, there seem to have been a taint of distrust of South Africans that arose around 2008/9. Much has changed since then, and one would argue that the time has come for the British and South African governments to reassess, and to alleviate a situation that by design unfairly penalises South Africans and virtually, still brands us (as a nation) as potential terrorists. The United Democratic Movement calls upon the South African government to sit down with their British counterparts to re-evaluate and to ascertain whether the reasons for their decision still stand. Also, the British government must please be requested to publish the details on where we are still failing. I thank you.
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14 Nov, 2019
Condolences with passing of Xhosa King Zwelonke Sigcawu
We have learnt with shock of the untimely passing of the AmaXhosa King Mpendulo Zwelonke Sigcawu. His death is a terrible loss for the Xhosa Nation and South Africa. King Zwelonke was an outspoken and independent individual who did not shy away from expressing his opinions – especially when things were not right in our country. On behalf of the United Democratic Movement and myself, I express our condolences with his family and the Xhosa people. May his soul rest in peace. Statement by: Mr Bantu Holomisa UDM President
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12 Nov, 2019
KZN provincial government is extravagant
The United Democratic Movement is perturbed by the news that the MEC for Education in the Province is using a hired motor vehicle for his official business that is costing taxpayers a whooping R100 000 per month. This is unbelievable if one considers that the ANC claims to be the government of the people and which represent the poorest of the poor. This is an illustration that the ANC led government does not practice what it teaches. The same government has made a lot of noise that it is going to do everything to save but look at this. This country is a now replica of Animal Farm. In five months’, time with this money a big luxurious motor vehicle in the range of a Toyota Fortuner can be easily bought. The big question that the UDM is asking, is this procurement of this hired motor vehicle in question a result of gross negligence or incompetence of officials or the department itself? Does this mean the motor vehicles of the state are not insured with a benefit of a provision of hired vehicles if it happened that they are booked for service or repairs? Courtesy cars should be available, This raises so much concern. The UDM KZN calls upon the Office of the Premier to do a proper investigation on this matter that will among other things find those involved who did not do their work. Whoever found wanting must pay back the money that has been spent unwisely. This is pure wasteful expenditure. End// Issued by: Boysey Gumede UDM-KZN Interim Provincial Secretary
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23 Oct, 2019
UDM reaction to Mmusi Maimane’s resignation
The past few days has certainly been interesting in terms of changes to the South African political landscape. Not only has senior leader, Herman Mashaba, announced that he can no longer remain a member of the Democratic Alliance (DA), now its federal leader Mmusi Maimane has resigned. The pressure brought on by Ryan Coetzee, Tony Leon and Michiel le Roux’s scathing report deprives the DA’s branches of an opinion on the matter. The tail seems to be wagging the dog. It seems as if the DA is showing its true colours; the project to transform the DA has taken a serious knock and I dare say, could now come to a grinding halt. Issued by: Mr Bantu Holomisa UDM President
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15 Oct, 2019
Water issues in Msinga and the prevailing corruption: KwaZulu Natal
The United Democratic Movement (UDM), in KwaZulu-Natal, pleads with the Umzinyathi District Municipality, the Water Services Authority responsible for water supply in Msinga Local Municipality, to at least respect the law under which it is established, The Water Services Act. This municipality has displayed unwillingness, pure disregard and arrogance in servicing people of Msinga with water. The town of Pomeroy in Msinga, was yet again brought to a standstill today (15 October 2019), due to water protests in the area. Water supply is just not there! The District Mayor attributes his municipality failure to theft of diesel for generators to pump water (Isolezwe: 23 September 2019, page 28). This is in direct contrast to the fact that Umzinyathi District Municipality, two months prior to his statement, had just paid R4, 8million towards generators’ diesel between July and August. Why would the municipality pay so much and still no water two months after? This leaves much to be desired! The Human Rights Commission is currently engaging this municipality on its deliberate failure to provide Msinga inhabitants with a plan of water provision (KZ1920 / 0310), the complaint referred to it by the UDM on behalf of Msinga Community. PREVAILING CORRUPTION PRIORITIZED OVER WATER PROVISION It is shocking that this municipality, in just two months (July and August 2019) had the audacity to spend R1 777 870-00 on security services without following proper processes to award a tender – simply a deviation loophole, despite the fact that the municipality has full-time employed security personnel. Disrespect of the municipality’s funds earmarked for development projects and service delivery, saw this municipality spending R39 120 on Chicken Licken on one day (08 August 2019), instead of discharging its core functions, that is, of supplying the basic water to the people of Msinga among others. Access to clean water by communities at large is a right. These rampant spending, are among 58 transactions that were processed on deviations (without following processes), in a matter of two (2) months (July and August 2019). Accordingly, the UDM in KZN, calls on Mr Hlomuka, the honourables KZN MEC of Cogta and Dr Dlamini-Zuma, Minister of Cogta, to play their part by intervening on this serious and deliberate failure, notwithstanding the fact that the Human Rights Commission is playing its part to ensure that Msinga inhabitants rights to water are enforced. The UDM-KZN also calls upon IFP to recall its scandalous Mayor that is operating against its main principle “TRUST US”. This Mayor does not care about the suffering of MSINGA community.
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15 Oct, 2019
The incarceration of a #FeesMustFall student continues: Khanya Cekeshe
The United Democratic Movement Youth Vanguard is very much dismayed by the decision of the Johannesburg Magistrate Court in dismissing Khanya Cekeshe’s application for bail and denying him leave to appeal his conviction and sentence. This can easily be construed as a rigid application of the law to a political case as the fees must fall protest was a political protest and such an important element cannot be neglected. Another factor is the glaring incompetency of Cekeshe’s previous lawyers in the matter who because of lack of knowledge ill-advised its client and such renders the trial unfair as correctly argued by Cekeshe’s new legal representatives. The very painful part about this case is the fact that Cekeshe is the only student that is languishing behind bars for a call for free education which was later affirmed by the government in power by its pronouncement made on the 16th of December 2017, on free education, other fellow #feesmustfall activists are free, some are under house arrest, Why can’t the Department of Justice do the same for Khanya? He is no criminal nor a threat into the community. When one looks at the decision of the court, it becomes clear that a number of factors were not considered especially the reasons behind violent protests that have become the norm of the day. Our government does not take serious peaceful negotiations. The only language that it is prepared to listened to is when communities or students resort to embark on violent protest actions. So, in this case of Cekeshe, the government is part to blame. The UDMYV doesn’t condone violence but Cekeshe is none other than a victim of circumstances. The UDMYV fully supports the call by the legal practitioners to petition the High Court in this matter. We also appreciate the change of heart to the Minister of Justice and Correctional Services by considering a Presidential pardon because He said he had no support towards the #feesmustfall activists not so long along. As we celebrated his appointment to be a Minister as a young person, now he must give us another reason to celebrate him by doing his work which is assisting young people that are hungry for education such as Khanya Cekeshe. We also call on every young person in this country to supplement the legal advocacy done by Cekeshe’s lawyers by using other forms advocacy to put pressure on the state to release Khanya and allow him to go and spend time with family.
Admin
01 Oct, 2019
Vehicle financing: Holomisa asks Wesbank CEO some pointed questions
AN OPEN LETTER TO THE CHIEF EXECUTIVE OFFICER OF WESBANK, CHRIS DE KOCK Mr Chris de Kock Wesbank Chief Executive Officer Enterprise Road Fairland 2170 Dear Mr De Kock ALLEGED CORRUPTION IN MOTOR VEHICLE SALES: THIRTY MORE PEOPLE CONFIRM SEEMING FRAUDULENT TRANSACTIONS INVOLVING WESBANK FINANCING 1. Introduction Our meeting of the 10th of May 2018 regarding Mr Mzukisi Ndara’s complaint and subsequent correspondence refers. You will recall that I addressed an open letter to you in May last year that contained serious allegations of impropriety and possible fraudulent misconduct occasioned by officials that were acting on behalf of FirstRand Bank, trading as Wesbank. The vehicle sale deal that was concluded with Mr Ndara, on the face of it, carried fraudulent misrepresentations that have led to untold financial harm and prejudice to him and his family for fifteen years; this year. The letter I wrote to you was also posted on my social media platforms provoking a flurry of activity largely condemning the conduct of the bank. 2. Context You consequently invited Mr Ndara and I to a meeting to discuss this matter further. We met at Wesbank’s headquarters at Fairlands in Johannesburg. Apart from you absolving the bank of all responsibility, and partly blaming the dealership, you were unable to debunk the authenticity of what Mr Ndara contended. Instead, pursuant to him narrating what had transpired, during and post the conclusion of his vehicle sale deal you said that “if it is true what you are saying, and its accurate, then I must sympathise with you because you will have been done a grave injustice”. In order to eliminate in your statement, the suspensive condition “if” Mr Ndara took the trouble to furnish your legal officer, Mr McLellan, with the documents that relate to his matter, his utterances when he saw them, was “it is the first time I am seeing these documents”. This is yet another statement that begs the question: Does FirstRand bank value its reputation as a corporate citizen in this country and if so, why doesn’t it redress what are clearly gross violations of Mr Ndara’s constitutional rights? Sir, I have had to answer this question myself. Shocking as this may be, scary as this may sound, the balance of probabilities points to Wesbank having used this approach as its modus operandi to seemingly swindle a significant number of South Africans from their hard-earned money. It came as a shock to the system, when Mr Ndara told me that Mr Prishen Ramsamay and Mrs Cheryl Moosa contacted him to say that they had been trying to locate him since the time I had posted the first letter to you. There are now at least thirty other people who have been party to vehicle sales transactions borne out of alleged fraudulent misrepresentations; destroying many people’s lives in the process. All these seemingly fraudulent transactions that were initiated at the BMW Melrose Arch Dealership in Sandton were predictably all financed by Wesbank. The shocking details of some of these transactions are contained here below. This group of ordinary South Africans whose demographics constitute a rainbow nation, have come together under the banner “Crusaders for Justice” Stop Bank Corruption. 3. Legislative framework In my first letter to you, whilst I am by no means a legal eagle, I ventured an opinion that asserts that, on the face of it, you do not require intimate insights of jurisprudence to understand that a bank cannot approve finance for a new car and the customer receives and pays for a used vehicle, in order to discern fraud. Surely it is not that difficult. My opinion aside, the first reason that points to Wesbank having possibly gone rogue is simply the nature of the transactions they have concluded with the members of Crusaders for Justice. Some of these transactions have violated so many provisions of the National Credit Act of 2007 and its forerunner, the Credit Agreements Act of 1980. The National Credit Act (Act No. 34 of 2005) Section 90 is entitled: “Unlawful provisions of Credit Agreement” and it reads as follows; 90. (1) A credit agreement must not contain an unlawful provision’ (2) A provision of a credit agreement is unlawful if – (a) its general purpose or effect is to – (i) defeat the purposes or policies of this Act; (ii) deceive the consumer; or (iii) subject the consumer to fraudulent conduct; (b) it directly or indirectly purports to – (i) waive or deprive a consumer of a right set out in this Act; (ii) avoid a credit provider’s obligation or duty in terms of this Act (iii) set aside or override the effect of any provision of this Act (iv) authorise the credit provider to; (aa) do anything that is unlawful in terms of this Act; or (bb) fail to do anything that is required in terms of this Act; (e) it purports to make the agreement subject to a supplementary agreement, or sign a document, prohibited by section 91 (a) (g) it purports to exempt the credit provider from liability, or limit such liability for- (i) any act, omission or representation by a person acting on behalf of the credit provider. In summary, all these provisions refer to a credit provider, and in everyday language a credit provider referred to above is a bank. Banks in terms of the law must not violate any of the provisions above. Hence, we can boldly say, FirstRand Bank has seemingly broken the law in many instances and on many occasions. The Bank is not above the law. 4. What has the bank done? Wesbank’s modus operandi is as follows; at least according to the lived experiences of the members of Crusaders for Justice; • Most people were induced into these unlawful deals or contracts; the National Credit Act also deals with inducement as being unlawful. • There are seemingly fraudulent misrepresentations in most, if not all these deals, with the following examples: ? The dealership processed a car for finance as if it is brand-new and this is approved by the bank, yet the vehicle is used. The consumer is invoiced for a brand-new car, whilst the dealership agents and the bank are aware that there appears to be misrepresentation; in fact, there is alleged fraud (as in Mr Ndara’s case). ? There is a member of Crusaders for Justice, who was a first-time buyer but, in his contract, the bank purports that he traded in a vehicle and yet that is not the case (as in the case of Devy De Klerk). ? The most common of these alleged unlawful practices, we have come to learn, is what is called loading or adding onto the price of a vehicle, what is normally known as “extras”. An extra in a vehicle, is a material enhancement the customer requests of his/her own volition over and above the cost of the vehicle i.e. an additional item, at an additional cost. Extras under normal circumstances would be things like cruise control, bull bars, metallic paint, sunroofs, air-conditioning, boot spoilers, etc. The buyer would then be advised of the price of each of these extras so that he/she can make an informed decision on whether it was desired. Some members of the Crusaders for Justice had all manner of extras added on to their contracts without them even knowing that they were so-called extras. These include Group Life Insurance at R25,900 (M Ndara) and a digital braking system at a cost of virtually R60,000 (Cheryl Moosa). In some cases, some of the contracts were padded with these fictitious extras to an additional total amount of R150,000 per vehicle. ? The National Credit Act also refers to consumers being induced into signing supplementary agreements, as if these were obligatory. And, unwittingly through trust and naivety, people sign only to find they are being defrauded and further prejudiced. There are some that are paying instalments of R30,000 for having concluded car deals, in some cases up to R50,000 (Mr Siva Pather). Sir, I have taken the trouble to write to you again. As previously, giving you the benefit of doubt to say, you may not be aware, maybe Mr Ndara’s matter was an isolated incident. However, with these latest revelations, nothing can be left to chance. This needs to be probed as it now comes across as a deliberate and planned scheme to rob people who least suspect that a reputable bank is capable of such. 5. Do the banks know? I have in my possession a High Court judgement handed down on the 16th of May 2013 by the KwaZulu-Natal High Court, in Durban, Case No 2142/2009 in the matter between: FIRSTRAND BANK LIMITED t/a WESBANK as plaintiff and DUAL DISCOUNT WHOLESALERS CC as defendant. In a nutshell, Wesbank in this case took to court a dealership in Durban that had misrepresented the price of a vehicle, as a result of which Wesbank paid more than the value of the car and ended up charging a consumer through instalments more than what the car was worth. Simple and straightforward. When the consumer discontinued payments the bank repossessed the vehicle and, in that process, discovered that in this contract there was fraudulent misrepresentation regarding the price of the vehicle, so they invoked what is called a “master agreement” that regulates transactions between dealerships and banks. These master agreements ironically protect the consumer against such conduct. Needless to say, Wesbank was successful in this action and the dealership carried liability. What defies logic is the principles that underpin this case have not been applied to all these complaints lodged by this group of people. And this is clearly a precedent that demonstrates what should obtain and what steps should have been taken against all dealerships by the bank. 6. Conclusion In our meeting you harped on the fact that you have a judgement against Mr Ndara on case number 3180/2013 underway at the Grahamstown High Court, wherein on the 3 March 2015 Judge Elna Revelas upheld the bank’s Special Plea of Prescription against Mr Ndara’s application against the Bank. Further to that, the Bank obtained a judgement on the 18th of August 2015, dismissing Mr Ndara’s Application for Leave to Appeal Judge Revelas’ decision. A new team of lawyers for Mr Ndara discovered in May 2018 that the judgement the Bank had obtained in August of 2015 was sought through underhanded means, it was erroneously sought and granted in the absence of Mr Ndara’s legal team and without even a Notice of Set Down served on them. Invariably it was set aside by Judge Buyiswa Majiki in August of 2018. The Bank’s appeal of the same judgement was dismissed with costs on the 12th of March this year. Sir, with due respect, is all this necessary? What do we make of the sacrosanct corporate governance associated with the banks in this country which you purport to subscribe to? It is now an open secret that Mr Ndara’s saga is a drop in the ocean, as clearly there are many, many others whose documentation is in our possession. I am now appealing to the shareholders of FirstRand Bank to assist you to do what is right for the benefit of us all. Redress for all these people who have been done wrong is the first step in my view that is non-negotiable. I also call upon the South African public, political and leadership of all self-respecting organisations to call out First Rand Bank for these unlawful acts against ordinary citizens. The all-round condemnation of anyone who was involved in the VBS scandal is commendable. Corruption is corruption by any other name, so let us join the call for Wesbank to be held accountable and answer openly and honestly to these accusations. After all, Wesbank operates on a license granted by government, and is regulated like all other companies in this country. Mr De Kock, I shall eagerly await your response to this matter before we take it further. We look forward to your response. Mr Bantu Holomisa, MP UDM President
Admin
18 Sep, 2019
University of Zululand : Vulnerability of Students
The United Democratic Movement notes with concern the vulnerability of students who resides in private accommodations that are not part of the university’s residences and it supports the initiative of students for embarking on a protest demonstration. The students opt to lodge or stay at private accommodation because the university is failing to provide with them adequate accommodation in its residences. They do not have a choice but for them to be near the campus, they have to look for accommodation where ever they can find refuge. In most cases, this scenario compromises their safety. What is more disturbing, these attacks to students by thugs have been going on for decades now, yet, the University has failed to come up with a lasting solution. Other than being attacked, students are being robbed of their belongings while attending lectures at day broad light. The UDM is of the view that the University must come closer to the owners of these properties which are being used by the students and form partnership with them which will among other things ensure that students are always in a safe environment. The University must take full responsibility of the safety of the students irrespective whether they stay inside or outside campus. One of the options that the university may be required to do, is to assess and check whether these properties are fit for habitation of the students. The Management of the University of Zululand cannot abdicate from its obligation of taking care of the welfare of the students. The UDM calls on Vice Chancellor Mrs Xoliswa Mtose to attend to this matter promptly. Parents are sending their children to school for a better future, only to return home heartbroken or dead. Issued By: Mr Bongani Msomi UDM Secretary General
Admin
28 Aug, 2019
UDM statement on the IFP’s newly elected leadership
The United Democratic Movement (UDM) would like to congratulate the Inkatha Freedom Party (IFP) on its successful National Elective Congress held from the 23rd to the 25th of August, 2019. It is heartening that this National Elective Congress was able to elect a new leadership without any issues. The UDM would like to also commend the retired Party President, Prince Mangosuthu Buthelezi for leading the Organisation for the past 44 years. He had to steady and steer the ship during hard times and the IFP became a force to be reckoned with under his leadership. His contribution to the politics of the Republic of South Africa, Africa and the world cannot be denied. The UDM also wishes the newly elected IFP President, Mr Velenkosini Hlabisa, and his executive the warmest congratulations. The Party offers the IFP President most sincere wishes for a successful term as the leader of a political party that has played a pivotal role in shaping the politics of the Country. We as an organisation take this opportunity to reaffirm our unequivocal commitment in strengthening democracy in our beloved country. In conclusion, the UDM looks forward to a cordial working relationship with the IFP in advancing our common objective of building our country into a Winning Nation.
Admin
31 Aug, 2019
Reflection on the deployment of the SANDF in the Western Cape
The United Democratic Movement (UDM) is aware that it has been several weeks since the deployment of the soldiers in some of the gang war areas in the Western Cape and the sad part is that the killings or the number of people being killed brutally in the area has not gone down. This in a way compels one to perhaps reflect on whether deployment was bad idea or not and one can easily say it was, due to the fact that the ruthless killings are still happening and the number of people being murdered especially during the weekend keeps on going up despite the deployment. The UDM believes that the deployment was not a bad thing to be done, the error done was perhaps in how it was done. One of the questions that keeps coming up, around different areas is whether leaders in these different communities were consulted with regards to the deployment. This is a very important step in ensuring that the deployment is not in vain as these leaders know the ins and outs of their communities and therefore could assist in dealing with the different areas as the dynamics are not the same. Another issue is that different stakeholders must be involved in the fight against crime as the South African Police Services and South African National Defence Force (SANDF) cannot do such alone. A lot of investment ought to be made in research especially in understanding townships where the crime rate is very high. One of the contributing factors of crime in the townships is the contestation around resources and space. This now speaks to the fact that the Ministry of Police and of Defence cannot win the battle alone, there must also be a lot co-operation between the different government departments and also spheres of government such as the legislature, executive and the judiciary. These must keep one another accountable at all times to ensure better service delivery for the people as ‘service delivery’ is a contributing factor to the crime rates in the country. The South African Police Service (SAPS) should work conjointly with SANDF to make sure no stone is left unturned in curbing the high rate of violent crimes in Western Cape. In closing the deployment of the soldiers in the different areas in the Western Cape does not mean that SAPS is to abdicate from its duty to protect and defend vulnerable law-abiding citizens, police officers must continue performing their tasks. Mr Bongani Msomi UDM Secretary General
Admin
20 Aug, 2019
Eastern Cape Legislature: Mr Bongani Mahlati, MPL’s contribution the Vote on Public Works
Honourable Speaker and Deputy Speaker Honourable Premier and members of the executive Honourable Members of the Legislature Officials present here Distinguish Guests And visitors at the gallery be greeted in Jesus naame Madam Speaker the United Democratic Movement (UDM) welcomes the report, however Honourable Speaker, government must find a comprehensive approach on how to improve and monitor the irregular expenditure that has been increasing over the past years in this department. I am concerned about how this has happened whereas there is a committee that was monitoring the work of the department. Why this matter had been escalated for a long time, and nothing drastically has happened. We are convinced, as the UDM, that something drastically must happen, and government must take steps against those people affected and come up with a clear plan and strategies of how to curb this challenge. “Noko, noko, ingathi kukhona okutshaya amanzi la” Madam Speaker, the speech of the MEC mentions of the recruitment and training of only a hundred learners in National Youth Service. Taking the level of unemployment, the shortage of skilled youth in the Eastern Cape, I think this is a drop in the ocean. I am of the view that it also needs monitoring since the African National Congress has the history of employing their card carrier members. I don’t think this hundred will be even enough for my ward, let alone a region. Remember our youth is our future, we need to invest more to them. The UDM condemns the neglect of government properties. Most government buildings are dilapidated, unsafe and unfit for use thus putting our people at risk. The department must come up with the plan and strategies of how are they will maintain the standard of our buildings. The department must decrease in utilising private companies and nayo leyo inento eshaya amanzi apha kubasebenzi bedepartment. The UDM supports the budget. I thank you
