Wednesday, July 26, 2017

In photos: The people of Woodstock threatened by gentrification

“If we have to move to Wolverivier it would be a setback in my life and for all my children”

By Masixole Feni
27 July 2017

Photo of old and new buildings in Woodstock
The new is replacing the old in Woodstock. But with gentrification comes eviction.

Woodstock is swiftly changing. New modern developments are replacing old, often dilapidated, blocks and houses. Property value is increasing and new businesses are moving in.
But not everyone benefits from the changes. Families living on Albert and Gympie Streets live in anticipation of eviction, as they cannot afford to rent or buy their homes. Masixole Feni met and photographed some of these residents.
The residents of 53 Albert Road have received eviction notices. They are contesting their evictions in court.


Delia Adrian, Theresa Wattson and Sedick Harris live in 53 Albert Road. They received an eviction notice from the Sheriff. Adrian says the eviction reminds her of her childhood when her parents were forcefully removed from their home at 29 Horsley Street, District Six.


Fayrooz Sign and Deno Hansen (who works as a car guide outside the building) have been living in the building for five years after being homeless for ten years. They used to live in Bonteheuwel.


Annamarie and Alicia Dube have lived in the building for three years. They share it with four other people.


Maggie and Gavin Solomons have been living on Albert Street for 15 years. They grew up in District six. Before they lived in these rental units they were homeless. They say their water has been cut off by the landlord, so they decided not to pay rent. They share their unit with ten other people.


Kasiefa Watson and her children Tamy, Lukeman, and Raldia have been living in their apartment for 13 years. She moved from Brooklyn to Woodstock to start a new life. She says it is convenient to live in Woodstock because her children go to a nearby school and her husband works at the harbour. “If we have to move to Wolverivier it would be a setback in my life and for all my children,” she says.


Zaida Wolhuter has been living in this unit on Albert Street for four years. Before she stayed here she had a Wendy house on Gympie Street. After evictions on Gympie Street, she decided to move to Albert Street, where she is now facing eviction.


June Peterson is 64 and cleans this block of student apartments on Gympie Street. She says she used to live here, but she was one of many people who were moved to Blikkiesdorp in Delft (near the airport).


Labieba Marley is 60. She lived on Gympie Street for 17 years. Here, she is visiting her family in Gympie Street. She now lives in Lavender Hill. Her grandchildren prefer living in Woodstock because it is close to their work in town.



Published originally on GroundUp .

Thousands march against Israeli “security” measures at al-Aqsa Mosque

“It is undignified and we will not allow that”

By Natalie Pertsovsky and Lilly Wimberly
26 July 2017
Photo of protesters
People march from Keizersgracht Street to Parliament chanting, “Free, free Palestine!” Photo: Ashraf Hendricks
Over 2,000 people marched from Keizersgracht Street to Parliament chanting “Free, free Palestine!” and “Down Netanyahu, down!” on Wednesday. They were marching against the installation of metal detectors and other security measures at the al-Aqsa Mosque in Jerusalem.

Protesters said recent security measures at al-Aqsa, including the use of security cameras, are unfair. “They’ve got high-resolution security cameras that can see through the clothing of our men, and more so, of our women… it is undignified and we will not allow that,” said Anwah Nagia from the Palestine Museum in Cape Town.

The metal detectors were removed Tuesday after Muslim worshippers boycotted the mosque.
The mosque is located in the Old City of East Jerusalem. Nagia addressed the protesters: “It is not [an issue of Jewish versus Muslim]…it is an issue of occupation and human rights violations.”

“We know the pain of state capture in South Africa, but this is state capture of the Holy Land of the Muslims,” said Sheikh Riad Fataar, third-in-charge at the Muslim Judicial Council (MJC). “Today we have shown that we stand together as oppressed people,” he said. “We will march until we see relief for the Palestinian people.”
Protests were held in Cape Town against recent security measures at al-Aqsa Mosque in Jerusalem. Photo: Ashraf Hendricks

Published originally on GroundUp .

Cybercrimes Bill threatens our freedom

Friday is deadline to send your comments to Parliament

By Murray Hunter
26 July 2017
Abstract image suggesting cybercrime
Friday 28 July is the final day to comment on the the Cybercrimes and Cybersecurity Bill. Image: <a href="https://pixabay.com/en/hacker-cyber-crime-internet-2300772/">Hypnobay on Pixabay</a> (public domain)
The Cybercrimes and Cybersecurity Bill will affect every internet user in South Africa – but at 139 pages long, there’s a lot to go through. But if you haven’t yet, now is the time! There’s just two days left to give Parliament your comments on the Bill.

Why has this Bill been introduced? The government says it will help fight cybercrime and make South Africa’s cyberspace more secure.

In 2015, Right2Know criticized the draft version of the Bill for threatening internet freedom, and thousands of internet users signed a petition denouncing it. The 2017 Bill has some welcome changes from its 2015 draft version, but a lot of remaining concerns.
Good changes are:
  • The “secrecy bill clauses” in the 2015 draft Bill, which would have criminalised journalists and whistleblowers for accessing classified information, are gone.
  • The copyright offences in the 2015 draft Bill, which could have criminalised you for posting a meme, are gone.
But there’s some bad stuff.

Section 17 of the Bill makes it a criminal offence to send or resend “malicious communication”, which includes messages that could be harmful in various ways. This part of the Bill is new. This is what State Security Minister David Mahlobo was talking about when he proposed social media regulation – a proposal that has been widely rejected on social media under the hashtag #HandsOffSocialMedia. (You can add your name to that call here!)

Don’t insult Mr Trump

Section 17(2)(c) of the Bill makes it a crime to send or resend a message that “intimidate[s], encourages or harasses” a person to harm themselves or someone else.

While we appreciate the intention to protect vulnerable people from harassment online, this could have a chilling effect on freedom of expression, which includes robust political expression that is often crude and unpleasant. For example, it is not uncommon for offended Twitter users to send messages to @realDonaldTrump (the President of the United States of America) to “go kill yourself”. These rowdy rejections of the politics of an unpopular leader would be criminal offences under this provision.

In any case, genuine cyberbullying should be dealt with in the Protection from Harassment Act of 2011, which allows someone to get a protection order against their harasser – after which, continued harassment is a criminal offence. Unfortunately the implementation of that Act has been extremely poor and has not delivered its promised protections to victims of harassment. But that is a failure of the justice system itself, not the existing law. The additional criminal penalties imposed by the Cybercrimes Bill give no further protections.

One positive thing: section 18 of this Bill very rightly criminalises revenge porn.

Fake news

Section 17(2)(d) of the Bill criminalises “fake news”, defined as the sending or resending of any message that is “inherently false in nature and … aimed at causing mental, psychological, physical or economic harm”. This is, evidently, the state’s response to “fake news”.

While this provision should have the programming manager of ANN7 feeling nervous, it is a bad idea. Even if the intention behind the Bill is noble, in practical legal terms it’s a mess. Who defines ”inherently false”? What is the borderline with “misleading”, “debatable”, or “unverifiable”? Would the law look at the intention of the message or the consequences? How is the “harm” measured?

Given the rise of politically motivated and vexatious prosecutions, a “fake news” clause would provide another avenue through which the state could intimidate investigative journalists and voices of dissent.

Criminalising retweeting

The Bill also makes it a crime to resend a message of which you were not originally the author. This could include forwarding an email or WhatsApp message, retweeting something on Twitter, or re-posting something on Facebook.

If there is something in the message that could be seen as threatening or inciting violence or property damage, or intimidating someone to harm themselves, or if the message is “inherently false in nature”, you are as guilty of an offence as the person who originally wrote it.

This does not take into account your intention for re-sending such a message. It would be very common for social media users to repost an offensive or irresponsible or even criminal message in order to draw attention to it.

More surveillance

The Bill tries to reform RICA, South Africa’s main surveillance law, but without addressing any of the problems with RICA that have led to serious surveillance abuses and pointless SIM card bureaucracy for all of us.

More power to State Security

This Bill gives the Ministry of State Security a large role in governance in South Africa. Placing cyber security under the domain of the intelligence agencies makes cybersecurity initiatives less transparent and harder for the public to have a say in them.

The law threatens freedom and could be used to intimidate government critics. But does it make us more secure? In an article to be published tomorrow I will explain the law’s shortcomings when it comes to making the internet more secure.

P.S. If you’re worried about how this Bill will affect freedom of expression, add your name to our Awethu campaign: Hands Off Social Media!

You can also make your own submission to Parliament by Friday.
The author is with Right2Know.
Views expressed are not necessarily GroundUp’s.

Published originally on GroundUp .

Tuesday, July 25, 2017

A 10-point plan to accelerate orderly land reform in South Africa




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Land reform remains a divisive subject 23 years after democracy in South Africa.
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A more than 365 year history of colonialism and apartheid have indelibly affected land, heritage and human rights in South Africa.

Among the vast array of discriminatory laws was the Land Act of 1913 that spatially segregated people through land dispossession. It amplified the vast canyon of inequality, further shattered the social fabric of communities and radically compromised economic development of the black majority.

It was only after the 1994 democratic elections that the vast majority of citizens could hope for constitutional restitution of their land.

Significant socio-economic advances have been made since 1994, but several challenges need to be overcome as indicated by recent trends. Much more needs to be done. This is particularly true when it comes to land distribution and restitution.

The 2013 state land audit report illustrates why. By 1994 about 87% of the land was owned by whites and only 13% by black people. By 2012 only 7.95 million hectares had been transferred to black owners through land reform. This represented only 7.5% of formerly white-owned land.

Land reform was discussed with understandable intensity during the recent National Policy Conference of the governing African National Congress. Debates centred on whether land should be expropriated without compensation.

It’s within this context that a National Forum was established for dialogues on land reform. The National Forum is made up of a network of organisations that includes three universities, the South African Human Rights Commission and Foundation for Human Rights.

The National Forum focused on whether it was possible to achieve effective land reform through Section 25 of the South African Constitution, which deals with property rights. The National Forum also examined the bureaucratic, legal and constitutional constraints that slow down land redistribution and restitution. It also explored the policy and legislative options necessary to address the complex challenges.

The National Forum concluded that South Africa’s constitution doesn’t stand in the way of land reform. However, it’s clear that political negligence has fuelled undue bureaucracy, mismanagement and corruption, which have severely hampered meaningful land reform. It reached consensus on a 10-point plan for constitutionally accelerated land reform. The hope is that it can help break the long-standing impasse over land, and move the country toward radically inclusive socio-economic growth.

Accelerating land reform


Aspects of the 10-point plan include:

  1. A human rights approach to land redistribution, grounded in the effective implementation of Section 25 of the Constitution. This could still guarantee a life of dignity, equality and freedom for all citizens.
  2. Existing land reform legislation is not effectively implemented. The Land Claims Commission and Land Claims Court, which were created through the Restitution of Land Rights Act (1994), have not been effective. Unnecessary bureaucratic bungling, significant corruption and limited expert skills have been exacerbated by cadre deployment. This is the practice of appointing party political loyalists to government positions irrespective of ability. In addition, these institutions have yet to be made more accessible and more representative.
  3. The possibility of adopting further laws to accelerate land reform is not being used. This is the case even though Section 25(8) of the Constitution specifically indicates that it can be done.
  4. The possibility of repealing existing legislation that’s inconsistent with or hampering land reform is not being pursued. This should be rectified.
  5. There is a need for national legislation on expropriation. A bill is before Parliament – the Expropriation Bill – but it’s been introduced late and processed without urgency. The possibility of effecting appropriate amendments to the 1975 Expropriation Act should also be considered.
  6. There should be improved communication and coordination between various government departments. Currently, the location of relevant land reform mandates and competencies are spread across several departments. These should be aligned to accelerate the pace of the process.
  7. A draft bill on cultural and spiritual access to land must be developed to enable citizens’ access to cemeteries and related holy sites where their family members are buried.
  8. The courts should pronounce on the meaning of “just and equitable” compensation in Section 25 of the Constitution, to provide for better definition and interpretation of this provision within the context of land reform.
  9. Communal Property Associations, community and traditional leader tensions must be resolved through meaningful engagement. Communication channels must be open, all role-players included and all relevant information made available to every stakeholder. Furthermore, all affected parties must be able to influence the decisions taken. In addition, skills training for officials dealing with land restitution is necessary, whilst an updated land audit is required.
  10. There is need for a Land and Economy Convention, similar to the Convention for a Democratic South Africa (CODESA). This was held to negotiate the country’s peaceful transition to democracy. A role for the new convention would be to address poverty, inequality and unemployment. The aim would be to restore citizens’ dignity, strengthen the economy and advance democracy.

The National Forum envisions the 10-point plan being effected within the context of the country’s National Development Plan’s Vision 2030. The plan was drawn up to provide a roadmap for the country to 2030. Its central aims are to reduce unemployment, poverty and inequality.

If land reform is realised, South Africa could present a more humane, just, peaceful, prosperous and democratic face to the world.

The ConversationKey dialogue leaders at the National Forum were:
Retired Justice Albie Sachs, Professor Bongani Majola, Professor Mathole Motshekga, Advocate Leks Makua, Retired Justice Johan van der Westhuizen, Professor Frans Viljoen, Victor Mavhidula, Makgatho Motshekga, Koogan Pillay, Elson Kgaga and Advocate Hanif Vally.


Prof. Quinton Johnson, Campus Principal : Strategic Leadership and Management, Nelson Mandela University

This article was originally published on The Conversation.

Suspected Nyope drug use side effects VIDEO

The video shows what Nyope and  drug abuse is doing to our youth - heartbreaking.

They are literally "Holding back the years" - appropriate song in the background. Wasting years of their lives.

Last year I published an article on South Africa Today read the full story -

Nyaope Drug Abuse in South Africa

 The Nyaope drug is destroying the youth of South Africa and is forcefully given to children of all ages. The drug consists of rat poison mixed with heroin – dagga and antiretroviral drugs. The Nyaope drug can include detergent powder, milk powder, and pool cleaner leading to many social ills. HIV-positive people who use the drug are at risk because treatment is stopped, and Nyaope contributes to the spread of TB and HIV. It is a highly addictive, and dangerous street drug, unique to South Africa.
Drugs are a cause of the lunatic actions and by getting people hooked onto addictive substances, this will enrich the drug lords. As drugs are a problem in South Africa and an increasing nightmare for parents trying to prevent, children being swirled into the evil world of narcotics. Drugs are readily available in South Africa, and children are influenced from an early age to take illegal substances. Peer pressure, social inabilities and poor living conditions contribute to the children becoming involved in the dark world of drugs.