Saturday, July 1, 2017

ANC policy papers point to a party in a panic about losing power




File 20170628 7303 1nn0cgh


Reuters/Mike Hutchings



The documents released ahead of the policy conference of South Africa’s governing African National Congress (ANC) expose a panicking party that sees enemies everywhere. While previous policy conferences addressed real policy issues, all energies are now focused on retaining state power as the leadership faces damning claims of capture by a kleptocratic elite.

The discussion documents show a party that professes a desire for self-correction and renewal. But, it seems to have neither the guts, nor the necessary internal balance of forces to do so.

At the same time the documents point to deepening paranoia and an increasingly authoritarian tendency. In combination, they seem to emanate from a parallel universe where the party’s interests have become elevated above those of the South African society at large.

Some of the text show a party that’s going through the motions. There’s trotting out of lofty ideals left over from when it still occupied the moral high ground. It’s a rhetoric that used to be meaningful and powerful. But it’s been emptied out by the ANC’s increasing failure to harness the state’s resources for the good of all.

For example, one of the documents “Organisational Renewal and Organisational Design” claims:

[the ANC’s vision] is informed by the morality of caring and human solidarity, [and its mission] is to serve the people of South Africa.

Beyond this nostalgia for what it used to be, the ANC documents display little sense of the depth and severity of the political, constitutional, economic and governance crisis facing South Africa. What does come across strongly, however, is a party that feels beleaguered and panicky about possible loss of state power.

Party and state are conflated


The “Organisational Renewal…” document issues the following admonition:

it is in the interests of the movement to… undergo a brutally frank process of introspecting and self-correction.

This sentiment is overtaken by disappointment over the party’s poor performance in the 2016 local government elections. Several pages are dedicated to investigating how other liberation movements became defunct. It transpires that the primary emergency is “to ensure that the ANC remains at the helm” of government.

Of course political parties are about getting and holding on to power. But because of the ANC’s habit of conflating party and state, there seems to be no understanding that its feeling of destiny – that it should rule “until Jesus comes” as President Jacob Zuma put it – won’t dictate the will of the people.

Parties get reelected because they demonstrably govern in service of the will of the people. If the ANC should demonstrate that, it will be returned to power in 2019 . If not, it won’t.

There is an admission that the,

moral suasion that the ANC has wielded to lead society is waning; and the electorate is starting more effectively to assert its negative judgement.

Significant sections of the motive forces seem to have lost confidence in the capacity and will of the ANC to carry out the agenda of social transformation [due to] subjective weaknesses [in the party].

These weaknesses are identified but in a way that skirts around the extent and depth of state capture. More and more evidence, including hundreds of thousands of leaked emails, have emerged that an Indian family of business people, the Guptas, has over the past numbers of years gained a hold over Zuma and a network of ANC leaders. This grip stretches from national to local level, and from government departments to state-owned enterprises.

But in the ANC documents black capitalists are blamed for “corrupt practices including attempts to capture institutions of political and state authority…” The Guptas only get an opaque acknowledgement with reference to lobbying:

[T]he lobbying process engineered by clandestine factionalism destabilises the organisation… Factionalism’s clandestine nature makes it a parallel activity…

But it’s almost as though the document’s authors don’t believe their own diagnosis, or the implications of the party’s “subjective weaknesses”. The document becomes contradictory. Even as it admits that the “motive forces” … “still desire such change and are prepared to work for it”, it starts to cast suspicion:

the mass of the people can, by commission or omission, precipitate an electoral outcome that places into positions of authority, forces that can stealthily and deceitfully chip away at the progressive realisation of a National Democratic Society.

The people are the problem, not the party


That “the people”, rather than a party that’s lost its way, are in fact the problem becomes more ominously clear in the document on “Peace and Stability”. Leninist vanguardism makes the party still feel it knows best, and that the people are useful fools.

It’s worth quoting the whole section to see the extent of the paranoia in the ANC and the array of enemies it creates to avoid confronting the enemy within.

According to the document, the main strategy used by foreign intelligence services is to:

mobilise the unsuspecting masses of this country to reject legally constituted structures and institutions in order to advance unconstitutional regime change. The alignment of the agendas of foreign intelligence services and negative domestic forces threatens to undermine the authority and security of the state.

Their general strategy makes use of a range of role players to promote their agenda and these include, but are not limited to: mass media; non-governmental organisations and community-based organisations; foreign and multinational companies; funding of opposition activities; judiciary, religious and student organisations; infiltration and recruitment in key government departments; placement of non-South Africans in key positions in departments; prominent influential persons…

A small clique vs South Africa


The proposed organisational renewal is to bolster the ANC secretary-general’s powers. Even this belated and lacklustre attempt to reduce the ANC president’s control over the party is compromised, as the clarion call of the discussion documents is “Let us deepen unity!”.

That’s why the actual enemies cannot be confronted, those that have insidiously corrupted the very life and soul of the party. Instead, a worrying paranoid and authoritarian tendency emerges. Its targets are journalists, judges, church and business leaders, activists, opposition parties, foreigners and intellectuals.

The ConversationNowhere is the fact confronted that Zuma, president of the ANC and the country, has ceded South Africa’s sovereignty to a foreign family, or that state-owned entities and government departments are being repurposed to enrich a small clique at the expense of South Africa’s people.

Christi van der Westhuizen, Associate Professor, Sociology, University of Pretoria

This article was originally published on The Conversation.

Thursday, June 29, 2017

Gupta-owned company blocks improved health-care in Mpumalanga

This story exemplifies how state capture affects poor people

By Nathan Geffen
28 June 2017
Photo of clinic
This clinic in Hendrina, Mpumalanga, is 95% complete according to a report. The failure of a Gupta-owned company to pay the company responsible for building the clinic means that it is not clear when it will open. Photo supplied
Kwazamakuhle clinic in Hendrina was supposed to open in April. This 24-hour facility will improve health-care for approximately 20,000 people living in this Mpumalanga Province township. But three months later it remains unfinished with no indication of when it will be ready.

The clinic is incomplete because Optimum Coal, a company owned by the Gupta family, failed to pay the company responsible for building the facility. The building of the clinic is part of Optimum’s social and labour commitments in terms of the Mining Charter. All this was explained in a GroundUp article published in December.

Now court documents obtained by GroundUp show Optimum’s cavalier approach to its contractual obligations. Yet there appears to be not the slightest effort by the Department of Mineral Resources (DMR) to take action against Optimum. Another story of Gupta shenanigans might leave readers jaded, but this story exemplifies how state capture affects poor people.

As described in our previous article, Optimum committed to paying for the new clinic. Three amounts had to be paid to the company building the clinic, Re-Action Consulting: R5.6 million on 7 January 2016, another R5.6 million on 16 March 2016, and R3.8 million in August 2016. The first two tranches were paid while Optimum was owned by Glencore. It was then bought by Gupta-owned Tegeta, which failed to make the August payment as well as additional management fees owed to Re-Action.

Nevertheless Re-Action continued to build the clinic using its own funds. However, it has drawn a line in the sand that the finishing touches to the clinic will not be completed nor the facility handed over to the health department until it is paid the money it is owed.

Following months of demands for payment, Re-Action initiated litigation against Optimum in the High Court in Johannesburg. It is asking for Optimum to be wound up on the basis that it is unable to pay its debts.

The court record shows how Optimum has stalled the payment by insisting on documentation from Re-Action and then, upon receipt of this documentation, requesting additional documentation.

Optimum’s own consultant says pay

Presumably in preparation for the defence of its court case, in March Optimum hired Accura Development Management to assess the “general quality and outstanding work” of the Hendrina clinic. The report confirms Re-Action’s view of things. It found that the clinic was 95% finished and of acceptable quality. The report contains a list of unfinished items, but these appear minor and could certainly not have been expected to have been ready by the time the August 2016 payment was due to Re-Action.

The Accura report further makes it clear that the payment due to Re-Action in August 2016 was not dependent on the clinic being complete. Accura recommends: “Optimum should withhold 5% of the project value as retention which must reduce to 1.25% on practical completion and 0% on final completion.” The 5% retention has already been deducted from the amounts that Re-Action has invoiced Optimum, and for which it is now litigating.

At first Optimum did not make the Accura report available to Re-Action. Optimum quoted from the report in its correspondence with Re-Action in order to justify its non-payment. In the court papers Re-Action describes these quotes as “selective” and “misleading”. To eventually get the Accura report, Re-Action had to make a discovery application under the Uniform Rules of Court (download it here).

Is Optimum solvent?

It is unclear why Optimum has failed to pay Re-Action. Its court papers offer a series of excuses that are “spurious” as described by Craig Assheton-Smith, Re-Action’s attorney. Assheton-Smith says Optimum’s actions are “clearly designed to delay” a payment that is contractually clear. He says there is no “bona fide” dispute, and concludes that Optimum is unable to pay.

In Optimum’s court papers it denies that it is unable to pay its debts and claims to have placed the disputed funds in its attorney’s trust account, but it provides no evidence for this. In fact in a letter dated 19 January 2017, Optimum’s attorney states that there is no obligation to maintain the funds in the trust account.

We asked Optimum if it was solvent, as well as several other questions, but the company’s attorney merely responded: “The matter is currently the object of litigation. In light thereof we do not intend to respond to your queries.”

A mining expert told GroundUp the amount of money at stake here was “small change” in this industry. In an industry where transactions in the millions of rands are common and the completion of a public clinic would be a much needed PR win for the Gupta family, it is unclear what other explanation there can be for the non-payment other than Optimum having a serious cash-flow problem.

No enforcement from Government

Last year President Jacob Zuma threatened to remove Lonmin’s mining rights if it did not hurry up with the implementation of its housing plan. Optimum appears to be under no such pressure.
On 7 February representatives of the DMR, Optimum and Re-Action met at Optimum’s offices to try to resolve the impasse. Optimum’s executive, George van der Merwe, once more said that the company required documents from Re-Action before payment could be made, but he was unable to say what documents these were. It was agreed that Optimum would supply these within seven days. It did not, and the DMR took no action. (Later, in March, Optimum sent a request for a list of documents, irrelevant to the payment due, which Re-Action nevertheless for the most part says it provided.)

We emailed a short list of questions to the Ministries of Mineral Resources and Health on Tuesday morning. Despite extensive follow-up efforts, neither had commented by the time of publication, more than 26 hours after our initial enquiries. No one answered the switchboard line of the Mpumalanga Department of Health.

Re-Action’s lawyers asked for the case to be heard urgently, but this was denied by the court. It is therefore likely to be years before this matter is concluded, Re-Action is paid, and the clinic is handed over.

In a nutshell, Optimum, perhaps because it is short of liquid assets, is unable or unwilling to pay for the clinic. It is in effect being protected by the DMR. (It’s a matter for speculation what has happened to Optimum’s money.) This is state capture at work. And the people of Hendrina are the victims.
Correction: The article originally gave the incorrect population for Kwazamakuhle (the township at Hendrina).

Published originally on GroundUp .

Understanding the OGOD judgment

The role of religion in public schools is not settled quite yet

By Safura Abdool Karim
29 June 2017
Photo of street names
Image copied for fair use from <a href="http://blog.centerforpubliceducation.org/tag/religion-in-schools/">The Centre for Public Education</a>.
On Wednesday the Gauteng High Court handed down a judgment on the role and place of religion in public schools.

The case was initially brought by the Organisasie vir Godsdienste-Onderrig en Demokrasie (OGOD), an association that deals with constitutional violations concerning religion and public schools, against six public schools in Gauteng and the Western Cape. However, the relief sought by OGOD was to apply to any public school within South Africa, not just the six listed in their application. The Ministers of Education and Justice were also joined in proceedings. Also, a number of civil society organisations, including CASAC (Council for the Advancement of the South African Constitution), the trade union Solidarity and Afriforum were joined as friends of the court.

CASAC, represented by SECTION27, argued that some of the practices adopted by schools are inconsistent with the Constitution. Other amicus, Cause for Justice, the South African Council for the Protection and Promotion of Religious Rights and Freedom and Afriforum argued in favour of maintaining a place for religion within public schools over a secular approach.

In essence, the OGOD’s application asked the court for a declaration confirming that certain types of activity are breaches of the National Religion Policy and also unconstitutional. These include promoting only one religion, associating the school with a particular religion and requiring a learner to disclose adherence to a specific religion. OGOD also sought interdicts against seventy-one different kinds of conduct by schools, including “having a value that learners strive towards faith”, referring to any deity in a school song and prayers dedicated to a specific God, on the grounds that this conduct did not comply with national policies and legislation. OGOD also attempted to interdict the teaching of creationism.

The schools relied on section 15(2) of the Constitution. Under section 15, religious observances may take place at state and state-aided institutions if they are conducted in an equitable manner and that attendance is free and voluntary. The Schools Act makes a similar provision for religious observance provided that it is in line with the Constitution.

The schools argued that they were entitled to the right to freedom of religion under the Constitution and to have an ethos that referenced a particular religion. Also, the schools argued that section 15(2) allowed for religious practices and observances to be conducted at schools, if students and staff attendance is free and voluntary as opposed to compulsory or coerced.

The court found that the interdicts sought by OGOD could not be granted on procedural grounds, namely that the application had been incorrectly formulated to rely directly on the Constitution rather than the specific school policies and rules as formulated by the School Governing Bodies (SGBs). Also, the court found that the provincial governments should have been joined as parties to the application. So the court did not rule specifically on whether the conduct highlighted by OGOD, including the teaching of creationism and the handing out of Bibles was unlawful.

Despite finding that the interdicts could not be granted, the court did decide on a narrower issue, where a public school endorses one religion to the exclusion of others. The six schools joined in the application all based their ethos on Christian values. The question the court considered was whether this adoption and endorsement of Christianity by public schools was in line with the Constitution and the recognition of diversity.

The court found that there was no law or provision in the Constitution which gave public schools and SGBs the right to adopt an ethos from one religion to the exclusion of others. All that the laws provided for was that SGBs could make rules that provided for religious policies and observances to be conducted on an equitable basis. This means that schools must treat different religions with an “even-hand”, which includes not favouring one and excluding other religions.

The court held that public schools may not adopt one religion to the exclusion of all others. The court made a declaratory order confirming that a public school cannot promote that it adheres predominantly to only one religion to the exclusion of others or hold itself out as promoting the interests of one religion over others.

In essence, this means that public schools may still conduct religious observances and promote religious values provided that these observances and values recognise a diversity of religions (including atheism or an absence of belief) and do not place one religion above all others. How this practically impacts the formulation of a school’s ethos remains to be seen.

Published originally on GroundUp .

Tuesday, June 27, 2017

White farmer evicted by heavily armed Zim riot police VIDEO


Under ZUNU PF rule white farmers have been the source of many misfortunes, evictions, land grabs and killings. The latest forceful eviction of another white farmer is reminiscent of the brutal, ugly and often violent removal of white farmers during the 2000 Mugabe land grabs.

Robert Smart, a farmer outside Rusape town, was forcefully evicted from his farm. Several workers and villagers stood in solidarity with the threatened farmer and reports indicate that the police used teargas, and live ammunition to disperse crowds. There are reports of police assaulting people, although no serious injuries are reported.

The police and ZANU-PF youth ransacked the house, and massive looting occurred. The defiant police also instructed laborers to slaughter a goat and prepare a meal for them, while they removed goods from the residence.

At the end of the day, there was nothing left and the life of yet another white farmer ruined through the actions of the obnoxious and defiant Mugabe regime.

While in South Africa farm murders are devasting and on the increase, can the same dreadful and often brutal evictions or land grabs be on the agenda.

WATCH THE VIDEO  - HERE IS THE LINK 

Published on South Africa Today

The Fall of South Africa – VIDEO


The mere mention of South Africa in a discussion provokes deep images of institutional racism, discrimination and violence. Stefan Molyneux is joined by Simon Roche for an in-depth look at the controversial history of South Africa, the untold story of Apartheid, rising criminality, an astronomical murder rate, President Jacob Zuma’s reign of terror, the epidemic slaughter of white farmers, Afrikaner land confiscation and the growing possibility of civil war.

Simon Roche is Head of the Office of the HQ of the world’s largest non-state civil defense organization, Suidlanders of South Africa. Once an ANC activist, Simon Roche now works with Suidlanders to prepare for impending catastrophe in the Rainbow Nation.

WATCH THE VIDEO -  HERE IS THE LINK FOR VIDEO

Published on South Africa Today