Showing posts with label thabo mbeki. Show all posts
Showing posts with label thabo mbeki. Show all posts

Wednesday, 01 October 2008

Zuma to oppose Mbeki application

25/09/2008 21:22  - (SA)

Johannesburg - ANC president Jacob Zuma will oppose former president Thabo Mbeki's application to join an appeal against the Pietermaritzburg High Court judgement suggesting he was part of a political conspiracy.

Zuma on Thursday filed notice, in the Constitutional Court, of his intention to oppose the application, according to a statement from his lawyer Michael Hulley.

Mbeki filed papers on Monday applying to join the Constitutional Court appeal brought by the National Prosecuting Authority (NPA).

He argued that certain parts of Justice Chris Nicholson's judgement on the Zuma matter were "unfair and unjust".

"I respectfully submit that it was not necessary for the learned judge to make the findings I am appealing against, or seeking to set aside, in order for him to decide the real issue that was before him.

"In any event, it was improper for the court to make such far-reaching findings concerning me."

Political meddling

In his judgement, Nicholson found that the executive - of which Mbeki was head - might have interfered in the decision to prosecute Zuma, who faced racketeering, corruption, money-laundering and fraud charges related to the multi-billion rand arms deal.

"I am... not convinced that the applicant (Zuma) was incorrect in averring political meddling in his prosecution," Nicholson noted in his ruling.

Nicholson also criticised former justice minister Penuell Maduna's involvement with former national director of public prosecutions Bulelani Ngcuka early in the investigation.

It was after the court ruling that the ANC announced it was recalling Mbeki, not to punish him, but as "a political way to deal with the implications of Judge Nicholson's ruling".

However, announcing his resignation on Saturday, Mbeki disputed suggestions of his involvement in a political conspiracy against Zuma.

"I would like to state this categorically: that we have never done this and never compromised the right of the National Prosecuting Authority to decide whom it should prosecute and not prosecute," he said.

Unfair and unjust

In his court papers, Mbeki said Nicholson's judgement was made without affording him a hearing and constituted "a violation of his constitutional rights" including access to courts and dignity.

He has asked the Constitutional Court to set aside "all findings of law and fact in the judgement" concerning himself.

"The findings... also go further in that they in effect say that I have failed to fulfil the constitutional obligation to uphold and respect the Constitution as the supreme law of the Republic," Mbeki noted.

"It is unfair and unjust for me to be judged and condemned on the basis of the findings in the Zuma matter. The interests of justice, in my respectful submission, would demand that the matter be rectified."

He also said there was a "real possibility" that "persons with malicious intent could act on the judgement to the detriment of the office of the president.

"Unless the errors in the judgement are rectified immediately by means of a judgement, I will continue to suffer and may even suffer great harm as would the office of the President of the Republic of South Africa and members of the national executive."

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Mbeki fights back

23/09/2008 07:27  - (SA) 

Philip de Bruin, Beeld

Johannesburg - President Thabo Mbeki has ushered in a new round in the fight against the Zuma camp in the ANC, with an urgent appeal to the Constitutional Court.

Mbeki wants to have "remarks made in passing" by Judge Chris Nicholson that he had meddled in Jacob Zuma's prosecution, set aside.

On Monday, experts on the Constitution said it was a clear indication that Mbeki "had not thrown in the towel" and that "anyone who thinks that the fight between Mbeki and Zuma was a thing of the past, lives in a fool's paradise".

The passing remarks to which Mbeki refers in his affidavit to Chief Judge Pius Langa, are those made by Nicholson in his ruling in the Pietermaritzburg High Court earlier this month.

Nicholson ruled that the National Prosecuting Authority (NPA) had not given Zuma the opportunity to make representations before deciding to charge him again for fraud and corruption, amongst other things.

At that stage Zuma had just been elected ANC president in Mbeki's place.

Serious allegations

Mbeki says in the affidavit that, instead of focusing on the issue at hand, Nicholson went much further of his own accord, saying in passing that Mbeki and the ministers serving or having served with him, had meddled in the NPA's decision to prosecute Zuma.

Mbeki says these are serious allegations against him, not only in his personal capacity, but also as head of state, and they had resulted in him having to resign.

He argues that Nicholson had no right to make remarks of this nature without giving him and the relevant ministers the opportunity to state their case in court.

Mbeki states that this has affected his constitutional rights of human dignity and access to the courts. He argues that he should be given direct access to the Constitutional Court in order to have the "false" allegations set aside.

As Nicholson's remarks were not court orders, an appeal cannot be lodged against them in a Court of Appeal. Only the Constitutional Court now has the power to intervene, Mbeki argues.

Mbeki 'has strong chance of success'

Professor Marinus Wiechers, former law professor at Unisa and an expert on the constitution, thinks Mbeki has a "very strong chance" of success.

"I was astounded when I heard Judge Nicholson make his statements on Mbeki and the executive. That was not the legal issue he was required to rule on. I thought he should have let it go.

"One thing is certain: Mbeki's appeal is proving wrong all those who thought he had gone quietly, as Sunday night's dignified speech on TV could have indicated.

"On the contrary, he is clearly ready for battle, and upon close examination, Monday's appeal is nothing other than a veiled warning to Zuma that the Mbeki-Zuma fight is far from over."

Professor Tom Coetzee, former law professor at North West University's Potchefstroom campus, said he considered Nicholson's statements on political meddling in the Zuma prosecution as "neither relevant, nor fair".

"I was astonished. The Constitutional Court's ruling will be groundbreaking. Mbeki is taking the right route. No one should underestimate his intelligence."

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Tuesday, 23 September 2008

Why Mbeki was fired

22/09/2008 11:20  - (SA) 

Moffet Mofokeng, Caiphus Kgosana and Sabelo Ndlangisa

Pretoria - Deputy-president Phumzile Mlambo-Ngcuka is set to lead an exodus of cabinet ministers who are unhappy with the ANC national executive committee (NEC) decision to axe President Thabo Mbeki.

Despite this, ANC president Jacob Zuma is expected to reassure ANC deployees in government that the party wants them to remain in their positions.

This comes after the decision of the all-powerful ANC NEC to sack Mbeki following Judge Chris Nicholson's ruling that suggested that Mbeki, or some in his executive, might have interfered with the National Prosecuting Authority's decision to charge Zuma.

Although it is generally accepted that Nicholson's ruling has impugned the integrity of cabinet, it is the decision of cabinet and the NPA to appeal the judge's ruling that forced the ANC to fire Mbeki.

Zuma's case

ANC secretary-general Gwede Mantashe said the Nicholson judgment had provided the ANC with the opportunity to put an end to Zuma's legal woes.

"The biggest worry for us is the question of the reversal of the possible closure of that chapter," Mantashe said.

"That case, in our view, is not in the public or national interest. If the case is pursued, it will continue to be a point of division in the ANC. That's the main issue," he said.

City Press can reveal that Mlambo-Ngcuka has told her colleagues in cabinet and some top officials in the presidency that she will resign the moment Mbeki hands over his resignation letter.

"Mlambo-Ngcuka has always been the embodiment of this conspiracy against Zuma. After all, she is Bulelani's (the former NPA boss) wife. She has been under siege from the day she took over as deputy president. Half the ministers are going to follow her," a senior official in the presidency said.

Some of the ministers who are expected to quit when Mbeki resigns are his right-hand man, Essop Pahad, Public Works Minister Thoko Didiza, her colleague at public enterprises, Alec Erwin, Health Minister Manto Tshabalala-Msimang and Communications Minister Ivy Matsepe-Casaburri.

Painful

Finance Minister Trevor Manuel has already indicated that he will stay on despite earlier rumours that he would follow Mbeki.

Mlambo-Ngcuka, who was appointed Mbeki's deputy after Zuma's axing in 2005, has in the past wanted to resign because of the hostility she endured from Zuma's supporters but Mbeki urged her to stay on.

At the heated NEC meeting in Kempton Park this weekend, a number of ministers - among them Education Minister Naledi Pandor and Foreign Minister Nkosazana Dlamini-Zuma - and Mbeki's policy guru, Joel Netshitenzhe, argued for Mbeki to be allowed to serve out his term in vain.

"Trevor (Manuel) never said a word. Nkosazana (Dlamini-Zuma) was very incoherent. Zola Skweyiya said that it was very painful for him. He said: 'I have known this man for too long. It is painful'," another NEC member reported.

On the other hand, Transport Minister Jeff Radebe, Housing Minister Lindiwe Sisulu, businessman Tokyo Sexwale, SACP boss Blade Nzimande and ANC Youth League president Julius Malema successfully argued for Mbeki's removal from office.

Sympathy resignation

Malema, according to some NEC members, went as far as to threaten to mobilise the youth if the ANC NEC failed to fire Mbeki.

Another source said Sexwale told the meeting: "We can't live another day with this man."

Zuma, who met Mbeki on Friday, told the meeting that Mbeki should be allowed fly to the United Nations to represent the country and only resign on his return.

Pahad has indicated that he will resign in sympathy with Mbeki.

He said though he had not discussed it with Mbeki, he had personally decided to go if the president was asked to leave office.

"I was appointed by him and therefore if he resigns I shall also resign," he said.

"I don't think it has been correct. I think much later they will recognise his great legacy, there's no doubt about that. He has been a great leader of the ANC and a great leader of this country. Even if some people don't recognise it now, they will certainly recognise it in time to come."

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Monday, 15 September 2008

The end of Mbeki?

14/09/2008 09:35  - (SA)

Political team, Rapport

Johannesburg - It would appear the ANC was ready to order President Thabo Mbeki's political death sentence.

ANC MPs in Parliament were awaiting orders from ANC headquarters in Johannesburg to put in motion steps to remove Mbeki from office. Nathi Mthethwa, chief whip of the ANC in Parliament, said it was no longer a matter of "if" the ANC would act against Mbeki, but "when".

This came after Judge Chris Nicholson found in the Pietermaritzburg High Court that ANC president Jacob Zuma's corruption case was invalid as Mbeki and others had interfered in Zuma's prosecution.

The verdict basically underscored claims that Zuma's prosecution was a plot to prevent him from becoming president after next year's elections.

Mthethwa said, "A leader of the ANC can't be implicated in a plot to cause the downfall of a comrade and then pretend that nothing happened."

Political experts said Mbeki still had a trump card. As head of state, he had the power to disband parliament and call for an early election - a move that wouldn't save his political life, but could take the ANC by surprise as the party was not yet ready for an election.

A source close to Mbeki told City Press on Saturday that the president was "tired of fighting and would agree with whatever the ANC wanted him to do".

It has been suggested that the same process could be used as in the case of Ebrahim Rasool, former Western Cape premier, who was asked to resign "in the interests of the ANC".

Any legal process to force Mbeki from office will need the support of two thirds of parliament.

Zuma said on Saturday that he felt rejuvenated by Friday's court verdict.

 

source

ANC tight-lipped on Mbeki

15/09/2008 09:44  - (SA)

Johannesburg - The African National Congress (ANC) remained tight-lipped on Monday on reports that President Thabo Mbeki's future will be discussed at a meeting of its national working committee (NWC) on Monday.

"We will inform you of decisions and of outcomes - not of speculations. We are not prepared to confirm anything," said ANC spokesperson Jessie Duarte.

"At this point, we are not going to give you any information on what we are discussing."

The NWC meeting takes place ahead of a meeting of the national executive committee on Friday.

Several Sunday newspapers have quoted "senior ANC members" saying they would call for Mbeki to be dismissed.

This comes after a high court judgment on Friday found it was possible Mbeki was behind a political conspiracy against ANC president Jacob Zuma.

Zuma indicated at the weekend that he did not believe Mbeki should be ousted, using a Zulu expression that compared Mbeki to a "dead snake"

 

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'Mbeki breached the Constitution'

12/09/2008 15:25  - (SA) 

Cape Town - Pietermaritzburg High Court Judge Chris Nicholson's ruling that the decision to prosecute ANC president Jacob Zuma on corruption and other charges was unlawful, is a stinging slap in the face of President Thabo Mbeki and his Cabinet, according to constitutional law expert, Professor Pierre de Vos.

Writing in his blog, constitutionallyspeaking.co.za on Friday, De Vos also pointed out that a court had for the first time confirmed what many people had suspected - "that Mbeki and his Cabinet have interfered in the decision to prosecute Zuma to gain political advantage".

"The constitutionally guaranteed independence of the National Prosecuting Authority (NPA) has been fatally breached in the process," he added.

Unconstitutional

Nicholson confirmed in his judgment that the NPA should act without fear favour or prejudice when deciding on whether to prosecute and individual, and it failed to do so in the case of Zuma.

"He seemed to suggest that the NPA Act, which allows for the National Director to be fired by the President, may well be unconstitutional and that the president has abused his power and breached the Constitution by acquiescing in the undermining of the independence of the NPA.

"President Mbeki has in effect been found to have breached the Constitution," De Vos, a professor at the University of the Western Cape, said.

He added that in an ordinary democracy, the president would find it difficult to survive such a rebuke from a court, and Mbeki's position "has really now become untenable, and if he had any honour he would resign".

The judgment is also likely to rekindle calls by members of the ANC and its alliance partners for Mbeki to fired.

'Today's judgment will help South Africa'

Meanwhile, Zuma told supporters outside the court that the judgment "is a victory for the judiciary, it is a victory for our democracy, it is a victory for our justice system", Sapa reported.

"My view is, today's judgment will help South Africa," Zuma said.

He also said Nicholson confirmed his belief that there was a political conspiracy against him. "The judge said... this is a political wrangle."

Zuma not in the clear

De Vos pointed out that Zuma is not in the clear, as the judgment made no comment on the advisability of the NPA's decision to re-charge Zuma.

"Even if Zuma is not re-charged he will obviously still have an ethical (if not a legal) cloud hanging over his head and at the very least he will have to try and show to the nation why he would not have been found guilty had he been charged. Otherwise most of us will continue to wonder whether he might not have been corrupt after all and might not have given an opening to President Mbeki to abuse the system to get rid of him."

Judge Nicholson's decision strengthens both Zuma's political and legal hand, and he is now favourite to become the country's next president, De Vos wrote.

"Politically, his claim of a political conspiracy has in effect been vindicated by a court... Legally the judgment seem to strengthen the argument that he would not be able to get a fair trial because of the political interference in the case (although this would still be a difficult argument to sell to a court)."

Reaction from opposition parties

However, opposition parties pointed out that the judgment was not about whether Zuma was guilty or innocent.

"We are still no closer to knowing whether Zuma is innocent or guilty of the corruption charges brought against him," said Democratic Alliance leader Helen Zille.

"Zuma remains a suspect with a cloud hanging over his head," said United Democratic Movement leader Bantu Holomisa.

Independent Democrats leader Patricia de Lille said Zuma should still "face the music and clear his name".

She added that the judgment "clearly indicates blatant political interference by President Mbeki and Cabinet members in the NPA process and the timing of charging Zuma".

"The ID views this as a shocking indictment on Mbeki and his Cabinet and lends further weight to the IDs call for a vote of no confidence in the President and the Cabinet, who must take collective responsibility for this entire debacle," De Lille said. - News24/Sapa

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Thursday, 22 May 2008

Troops called in as SA burns

May 21 2008 at 06:56PM

President Thabo Mbeki has given the nod for the military to help the police curb xenophobic violence that has claimed at least 42 lives by Wednesday.

Police reported in the afternoon that attacks on foreigners, which erupted in Gauteng last week, had spread to more provinces.

"President Thabo Mbeki has approved a request from the South African Police Service for the involvement of the South African National Defence Force in stopping ongoing attacks on foreign nationals in Gauteng Province," a statement from the president's office said.

Police spokesperson director Sally de Beer said they had asked for equipment and personnel.

Police said that 16 000 people had been displaced since the violence began in Alexandra and 400 people had been arrested

Mpumalanga police said the shack-burning and looting targeted at foreigners began there on Tuesday, and in KwaZulu-Natal, police were monitoring Durban's Dalton Road area after an attack on a Nigerian-owned tavern.

Constable Sibusiso Mbuli said that about 200 foreigners sought refuge at Leslie police station on Tuesday night after tuckshops were looted there and in Embalenhle.

"Even now the situation has not stabilised. We see people moving about and when they see police bakkies they run away," said Mbuli.

A Nigerian-owned tavern came under attack in Durban's Umbilo on Tuesday night, and while police were treating it as an act of "criminality", KwaZulu-Natal safety MEC Bheki Cele blamed the IFP.

"There was a meeting of the IFP branch in Dalton yesterday (Tuesday) and...I know it was them who went straight from there to the tavern and raided the place and smashed the cars," Cele said.

Durban's Dalton Road is the site of a number of hostels.

However, the IFP denied responsibility, with IFP KwaZulu-Natal chairperson Mntomuhle Khawula saying he was disturbed by Cele's statement.

He said that if any IFP members were involved in the xenophobic attacks they would face disciplinary action.

"The IFP is all about ubuntu...In the African lifestyle, you never chase away people, you comfort and give protection, so xenophobia is against our policy," he said.

IFP head Mangosuthu Buthelezi said his earlier predictions that xenophobia was brewing were ignored.

As a former home affairs minister he had suggested a more open controlled immigration policy but this was ignored, and abandoned when he left the ministry.

No "serious" incidents were reported in Gauteng on Wednesday, which the provincial government has attributed to co-ordinated efforts by communities and the police.

Spokesperson Thabo Masebe said a number of community organisations had been working "on the ground" telling people that whatever problems they had, it did not justify the violence, and giving police information on pending attacks, as well as handing over people they suspected of the attacks.

"We can attribute it to some work that has been going on and the police. The police couldn't do it without the support of their communities," said Masebe.

Police spokesperson director Govindsamy Mariemuthoo said that a councillor and three community leaders were among those arrested.

Meanwhile, the centres and police stations housing people fleeing from the violence urgently needed food, baby food, nappies and blankets for the thousands seeking shelter.

Ekurhuleni spokesperson Zweli Mkhize appealed for such donations to be taken to the metro's service centres and arrangements to collect bulk donations could be made by phoning 011-874-5025.

The crowded conditions led the police to contract the "Red Ants" usually associated with forced removals, to help control people at the Cleveland police station, especially at meal times.

"Images of 'necklacings', violent beatings and the sight of frightened children caught between marauding mobs and police firing rubber bullets belong to a troubled period in our traumatic history; it has no place in our present democracy," the Helen Suzman Foundation said.

"It is a spectre that great men and women from all walks of life fought against - with great sacrifice - to eradicate from our country's soul forever."

The Coalition Against Water Privatisation said it had held a community meeting in Sebokeng to convince people to help prevent the attacks.

"We sent the message that the reason why there is no delivery of the houses that we are fighting for as South Africans is not because of people from other countries, but it is because of the failure of our own government to deliver services," he said.

"There is no foreigner in Africa. There is no way my brother from Zimbabwe can be seen as a foreigner. These people have done nothing wrong, they want a better life."

The coalition had organised a group of volunteers who had agreed to protect people who felt under threat because of their nationality, after a taxi load of foreigners were confronted as they sought refuge at the KwaMasiza hostel in the area.

The ANC Youth League (ANCYL) said the government had not done enough to "arrest the anarchy".

Its president Julius Malema said: "We call on government to unleash every resource at its disposal to nip this anarchy in the bud, including deployment of the military if the need arises."

He called on youth to rise against the "thuggery and hooliganism" and to bring order to their communities.

"Killing others and burning their homes do nothing for our society, and may cloud genuine concerns they may have," he said.

A "necklace" is a word coined during apartheid used when a person was doused in petrol with a tyre around their neck, and a match was thrown at them. - Sapa

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Monday, 05 May 2008

'Mbeki not a credible mediator'

04/05/2008 21:05  - (SA)

Johannesburg - President Thabo Mbeki can no longer be considered a credible mediator in the Zimbabwe crisis, the Democratic Alliance's parliamentary leader, Sandra Botha, said on Sunday.

When Parliament reconvened on Tuesday, Botha said, she intended moving a motion calling for a debate on the post-election crisis in Zimbabwe, and more specifically, probing Mbeki and the SA government's "distinct lack of action" on the matter.

Botha last month gave a representative of Foreign minister Nkosazana Dlamini-Zuma a letter detailing proposed demands to the Mugabe government to help bring about an end to the post-election violence and political stalemate in Zimbabwe.

If the Zimbabwean government failed to meet these demands, the DA proposed that SA pursue more stringent measures, such as imposing targeted travel and financial sanctions on Zanu-PF's ruling elite, and calling for an international arms embargo on the country.

Despite having received these proposals, government had yet to respond to the crisis in any significant way, Botha said.

"To add insult to injury, we now know from reports in the media that President Mbeki not only endorsed the effort by Robert Mugabe's Zanu-PF to procure a massive cache of arms and ammunition from China, but that Mbeki instructed the Ministry of Defence and the National Conventional Arms Control Committee to allow the arms transfer to continue unhindered."

This morally bankrupt move would have contributed to the violent suppression of the Zimbabwean people by the military and the police there.

This was "further evidence that President Mbeki can no longer be considered a credible mediator in the Zimbabwe crisis".

Thursday, 17 April 2008

Mbeki's double standards

17/04/2008 13:03  - (SA)      

Georgina Guedes

African politicians have to dance to two different tunes, representing their countries on a global stage, while still remaining sensitive to local politics.

Thabo Mbeki has proven himself to be a global thinker, and has often come under criticism for this from his own people. But the one issue upon which he has remained intractable has been Zimbabwe.

The concept of "quiet diplomacy", a euphemism for "looking the other way while atrocities are committed" if ever I heard one, is a bizarre one. But a step beyond quiet diplomacy, publicly stating that the world should wait for the Zimbabwean election results, is even stranger.

Standing by a lunatic dictator as he flaunts his own agenda in the face of derailed democratic processes is a very questionable stance for a head of state, notions of brotherhood in the struggle notwithstanding. Has Mbeki forgotten that it was democracy that installed him for two terms in South Africa in the first place? How can he stand by a man who seeks to stymie this process?

Not that I agree with much of what they have done in recent years, but the Americans invade countries for flouting democracy. Zimbabwe should count its (possibly last remaining) blessings that it doesn't have any oil, or it would have to contend with being bombed as well as starving and without essential services.

The global community

Realistically, Zimbabwe needn't fear invasion by democracy champions, but it does continue to be excluded from a global community, and in a rapidly shrinking world, inclusion is essential for survival.

Naysayers insist that it is only because of Western boycotts that Zimbabwe is in such a precarious economic and political position, but this is ignoring the fact that these same powers boycotted the Apartheid government in South Africa, with the result of bringing African leadership into power.

To participate in a global community, a country has to embrace democracy and steer clear of human rights abuses. Democracy isn't just a mechanism to install a leader, after which he can do whatever he wants, it's an ongoing process, involving free and fair elections, freedom of the press, freedom of expression and association and almost no accidents in prison cells with uneven floor tiling.

For Thabo Mbeki to stand by a man who is doing the same things in his country that were done to black South Africans only two short decades ago is a sickening double standard, and a very negative indictment on African politics indeed.

Georgina Guedes is a freelance journalist. She has nothing funny to say today

Source

Diverging paths

April 16 2008 at 07:37PM

By Michael Georgy

South African President Thabo Mbeki's refusal to take a tougher line on neighbouring Zimbabwe has further damaged his credibility and handed rival Jacob Zuma another opening to improve his image.

Regional leaders last year mandated Mbeki to lead mediation between President Robert Mugabe and the opposition but his insistence on "quiet diplomacy" failed to make headway.

As a post-election deadlock deepened in Zimbabwe following the failure to release results from the March 29 presidential poll, Mbeki continued to downplay the situation, saying there was no crisis.

His steadfast refusal to change his stance has brought a flood of criticism and given Zuma a golden chance to strengthen his image abroad, where his corruption trial in August has raised concerns about the future direction of South Africa.

If Zuma can survive the case, he is front runner to succeed Mbeki in 2009, having already ousted him last December as leader of the ruling African National Congress (ANC).

"If Jacob Zuma could broker some kind of resolution in Zimbabwe that the international community, particularly Britain and the United States would be happy with, that would probably go a long way to alleviate concerns that other countries have regarding Jacob Zuma's own leadership ability," said analyst Mark Schroeder.

Analysts say Zuma may be angling to become a leading mediator in the crisis to boost his international capital.

In his toughest statement yet on Zimbabwe, Zuma expressed apprehension on Wednesday at the post-election deadlock and its impact on the neighbouring region, and criticised the delay in issuing results that Mbeki has defended.

Mbeki is already seen by critics as a lame duck president and has been battered on a range of issues, where his reluctance to change direction has been similar to his stance on Zimbabwe.

He has presided over an economic boom but crime and poverty are still rife. A major crisis over lack of power generation has raised fears about the possible impact on the broader economy.

Critics blame Mbeki for ignoring warnings years ago that the country lacked the power capacity to fuel a booming economy.

He also infuriated Aids activists for years by questioning accepted Aids science while the disease killed about 1 000 people a day and by delaying the wide distribution of anti-retroviral drugs.

Zuma, without Mbeki's education and intellect but oozing with the charisma he lacks, portrays himself both as a man of the people and someone who can keep foreign investment flowing into Africa's biggest economy.

His decisive response to the Zimbabwe issue, backed by the ANC and his trade union allies, has raised his stature.

"If you take the new ANC leadership generally, I think this is positive for them. It will enhance their image in the eyes of the world. I think there has been lot of anxiety about what the new Zuma-ANC is going to be like. They are showing there is greater resolve than there has been under Mbeki," said veteran political commentator Allister Sparks.

Under fire for his domestic policies, Mbeki wants to be remembered as a champion of African causes, despite what critics say is ineffectiveness in Zimbabwe, which has flooded his country with millions of economic migrants and at times dented the rand currency.

"His political leadership is fragile but he is trying to work on a legacy and the legacy he is trying to work is very much in terms of Africa and southern Africa," said Susan Booysen, a political analyst at South Africa's University of the Witwatersrand (Wits).

Just before leaders of the Southern African Development Community (SADC) gathered for an emergency summit on Zimbabwe in Lusaka on Saturday, Mbeki flew to Harare for talks with Mugabe.

As Zimbabweans anxiously awaited results of an election they hoped would ease food and food shortages and hyper-inflation, Mbeki walked hand in hand with Mugabe on the airport tarmac. It's an image that may haunt him if Zimbabwe's catastrophic downward spiral continues.

Mbeki was under the spotlight again on Wednesday when he chaired a meeting of key members of the United Nations (UN) Security Council and the African Union at which Zimbabwe became a key topic despite his efforts to focus on other issues.

Mbeki, current rotating president of the Security Council, had resisted pressure from UN Secretary-General Ban Ki-moon and Western powers to discuss Zimbabwe.

Mbeki is unlikely to budge, analysts say.

"Zimbabwe has been one of his leading issues. For him to accept backing down to the ANC right now would be a huge slap in his face, a huge embarrassment," said Schroeder, regional director for sub-Saharan Africa at risk analysis firm Stratfor, Strategic Forecasting, Inc.

"He is certainly a stubborn leader," Schroeder said.

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Mbeki defends Zim stance

17/04/2008 10:36  - (SA) 

Johannesburg - South African President Thabo Mbeki defended his "quiet diplomacy" approach in Zimbabwe saying that "loud diplomacy" was no diplomacy and that his "no crisis" assessment had been misinterpreted, South African radio reported on Thursday.

"This story I said there was no crisis in Zimbabwe ... I haven't the slightest clue where it comes from," Mbeki said following a special UN Security Council session in New York, where African leaders were pressed to act on the post-election impasse in Zimbabwe.

Speaking to reporters after the meeting, Mbeki said his declaration in the Zimbabwean capital Harare at the weekend that there was no crisis was in response to a question about "the elections ... not about the socio-economic conditions or anything like that".

Mbeki, SADC's mediator in Zimbabwe, has been under fire in recent days for downplaying the tensions in South Africa's neighbour to the north.

Examining criticism of his softly-softly approach to Zimbabwean President Robert Mugabe, Mbeki asked: "What is loud diplomacy? Well it is not diplomacy, it can't be."

While some countries "may shout", southern African countries had a responsibility to try to broker agreement between Mugabe's Zanu-PF party and the opposition Movement for Democratic Change (MDC), Mbeki said.

"I am quite certain it would be wrong for us to be shouting at the ZEC (Zimbabwe Electoral Commission)," he said.

Nineteen days after Zimbabweans voted in presidential elections the state-controlled ZEC is refusing to release the results.

MDC leader Morgan Tsvangirai claims he won the presidency, but Mugabe's party says neither Tsvangirai nor Mugabe won outright and that a run-off is needed.

'A stolen election would not be an election at all'

"The credibility of the democratic process in Africa could be at stake here," UN Secretary General Ban Ki-moon told the Security Council meeting on UN-African co-operation.

"If there is a second round of elections, they must be conducted in a fair and transparent manner, with international observers."

Mbeki's remarks about "loud diplomacy" appeared aimed at British Prime Minister Gordon Brown, leader of Zimbabwe's former colonial power, who warned Mugabe against stealing the election.

"A stolen election would not be an election at all," Brown said in New York.

A close aide to Mugabe reacted angrily to Brown's remarks accusing Britain of bribing election officials to achieve "regime change" and Brown of treating Zimbabwe like a colony.

"We tell him (Brown) clearly and without ambiguity that we are not a colony of the British," Patrick Chinamasa, who was reappointed as Justice Minister by Mugabe despite the poll outcome being unknown, said in remarks reported by the state-controlled Herald newspaper.

Meanwhile, South African police said they had cleared a Chinese ship carrying weapons, allegedly for Zimbabwe, to dock in the port of Durban.

"There are arms on the vessel and the ship is on the outer anchorage of the port and it's been docked here since April 14," a spokesperson for the police explosives unit in Durban said.

A customs official told Sapa on Wednesday there was a shipment destined for Zimbabwe.

It was not possible to immediately verify the report with Zimbabwean authorities. - Sapa-dpa

source

US paper slams Mbeki

16/04/2008 15:55  - (SA)

Cape Town - The respected Washington Post newspaper has blasted President Thabo Mbeki for his policy towards Zimbabwe and accused the South African president of siding with Robert Mugabe against the people of Zimbabwe.

In a scathing editorial published on Tuesday the paper calls President Mbeki's foreign policy "perverse and immoral".

It says South Africa has consistently allied itself with the world's rogue states and against the Western democracies since serving a term on the UN Security Council last year.

South Africa "has defended Iran's nuclear programme and resisted sanctions against it; shielded Sudan and Burma from the sort of pressure the United Nations once directed at the apartheid regime; and enthusiastically supported one-sided condemnations of Israel by the UN Human Rights Council".

President Mbeki said on Saturday there was "no crisis" in Zimbabwe after holding his first face-to-face talks with Robert Mugabe since the Zimbabwe's disputed March 29 elections.

Mbeki, who stopped in Harare on his way to join southern African leaders in Zambia for an emergency meeting on Zimbabwe, said people should wait for the election commission to announce the long-awaited presidential result.

The Post said in its editorial that the only good news in "this sordid story" is that Mbeki's policy is increasingly unpopular in South Africa.

"The new president of Mr Mbeki's own African National Congress, Jacob Zuma, has distanced himself from the Zimbabwe posture, as have the party's secretary general and treasurer.

"Zuma defeated Mr Mbeki in a party election in December and is the front-runner to succeed him when he leaves office in a year. So democracy may yet rectify a foreign policy that is shaming South Africa - and preventing an end to Zimbabwe's misery".

Read the Washington Post editorial here.

Source

Mbeki keeps mum on Zim

16/04/2008 21:20  - (SA)

New York - The UN secretary-general and the leaders of Britain and the African Union urged Zimbabwe on Wednesday to ensure that the outcome of the presidential election reflects the will of the people and is not rigged.

"A stolen election would not be a democratic election at all," British Prime Minister Gordon Brown told a high-level meeting of the UN Security Council on African peace and security issues.

After 18 days, Zimbabwean electoral officials have yet to say whether President Robert Mugabe or opposition leader Morgan Tsvangirai won March 29 presidential elections.

Brown, whose country was the former colonial ruler of Zimbabwe, was the most outspoken, saying "no one thinks, having seen the results at polling stations, that president Mugabe has won this election".

'There is no crisis'

Meanwhile, SA President Thabo Mbeki who chaired the council meeting, made no mention of Zimbabwe, focusing instead on UN-AU relations and especially the issue of funding regional peacekeeping operations.

After meeting with Mugabe in Zimbabwe on Saturday, just before the SADC summit, Mbeki said "there is no crisis".

UN Secretary-General Ban Ki-moon said he was deeply concerned at the failure to release the election results.

"Absent a transparent solution to this impasse, the situation could deteriorate further with serious implications for the people of Zimbabwe," he warned. "The credibility of the democratic process in Africa could be at stake here."

Brown echoed Ban saying, "the credibility of the democratic process depends on their being a legitimate government".

"So let a single clear message go out from here in New York, that we are and will be vigilant for democratic rights, that we stand solidly behind democracy and human rights for Zimbabwe and we stand ready to support Zimbabweans build a better future," the British prime minister said.

Praise for SADC

Tanzanian President Jakaya Kikwete, whose country heads the African Union, praised the Southern African Development Community, known as SADC, for its "tremendous job ... that has enabled the people of Zimbabwe to hold peaceful elections this time around".

"SADC remains seized of the situation in Zimbabwe to ensure that the will of the people of Zimbabwe is respected," Kikwete said. "This is the spirit of the meeting last week and it will be the spirit of future meetings to be held soon."

The leaders of SADC held a summit in Zambia that ended before dawn on Sunday with a weak declaration that failed to criticise the absent Mugabe.

The declaration called for the expeditious verification of election results in the presence of the candidates or their agents "within the rule of law", and urged "all parties to accept the results when they are announced".

Tsvangirai says he won the election outright and has accused Mugabe of withholding the results to maintain his 28-year grip on power. Independent tallies show Tsvangirai won, but not by enough to prevent a runoff.

International observers

Ban said "if there is a second round of elections, they must be conducted in a fair and transparent manner, with international observers".

"I urge the leaders of SADC to continue their efforts," he said. "The UN stands ready to provide assistance in this regard."

South Africa, which holds the Security Council presidency this month, organised the meeting to focus on cooperation between the United Nations and the African Union, and African crises on the council's agenda. South Africa's UN Ambassador Dumisani Kumalo insists that Zimbabwe is not on the agenda because it is being dealt with by SADC.

Mbeki, Kikwete and Brown all welcomed Ban's proposal to establish an AU-UN panel to consider how to finance and support peacekeeping operations undertaken by the AU and other regional organisations.

Mbeki-Brown meeting cancelled

Brown's scheduled meeting with Mbeki just before Wednesday's council meeting, where Zimbabwe's post-election crisis was expected to be high on the agenda, did not take place. It wasn't clear whether it was cancelled or would be rescheduled.

Brown told the council that in line with Kikwete's comments, "Britain supports those in the African Union and SADC who are working to ensure that the will of the Zimbabwean people be upheld".

"We will do everything to encourage these efforts and I'm pleased that SADC is to meet again this weekend," Brown said.

Source

Wednesday, 16 April 2008

Mbeki's Zim mediation 'a joke'

14/04/2008 21:06  - (SA) 

Pretoria - President Thabo Mbeki's mediation on Zimbabwe has become a joke, Zimbabwean civil society bodies said on Monday.

Several civil society groups under the banner of the Institute for a Democratic Alternative in Zimbabwe slammed Mbeki and the Southern African Development Community's (SADC) reaction to the delay of the announcement of the March 29 presidential election in Zimbabwe.

"For the SADC to have mandated President Mbeki to continue with the (facilitation) exercise, that is the joke of the year," said Wellington Chibebe of the Zimbabwean Congress of Trade Unions.

This comes after an emergency summit in Zambia over the weekend where SADC regional leaders asked Mbeki to continue his mediation efforts and for Zimbabwe's presidential election results to be released speedily.

At a media briefing on Monday at the Sheraton Hotel in Pretoria near Mbeki's office at the Union Buildings, Zimbabwe civil society groups said Mbeki's utterances that there was no crisis following the election was disappointing.

Said Irene Petras of Zimbabwean Lawyers for Human Rights: "There is a measure of dishonesty as a facilitator saying 'there is no crisis in the country', there is a constitutional crisis; there is no parliament that can pass any laws, we have a caretaker president who cannot act with any legitimate powers, we have an election process which is in disarray...

"There is no separation of power and the rule of law is under attack especially through the use of political violence.

"I think any reasonable person would see there is a crisis which should be addressed in an honest manner, and it needs to be addressed urgently."

Petras said her organisation had already confirmed 130 political attacks, including on two persons who were killed, and a further 29 who were taken to hospital for severe beatings.

The groups said this was evidence of a "silent coup" taking place.

"The people of Zimbabwe have spoken, they have voted, what else are they supposed to do?

"(President Robert) Mugabe is saying no to the electoral process, he's saying no to the constitution of the country," said Gordon Moyo of Bulawayo Monitoring.

He said Zimbabweans' hopes lay with regional leaders but that the outcome of the weekend meeting was disappointing.

Abel Chikomo of the Media Monitoring Project: Zimbabwe said the SADC should have insisted on timelines for the release of the presidential election results.

source

Tsvangirai shocked at Mbeki

16/04/2008 07:27  - (SA)

Harare - Zimbabwe opposition leader Morgan Tsvangirai expressed shock and bewilderment on Tuesday at remarks by South African President Thabo Mbeki indicating there was no crisis in his homeland.

"I'm sure Zimbabweans and the international community were shocked at the conclusion of that statement," Tsvangirai said in an interview with South Africa's e.tv channel.

"I'm sure that such a misrepresentation creates the perception of quiet approval, which I think is quite shocking," he said.

"I can't explain what informs his position; because that kind of position runs contradictory to my interaction with him."

Mbeki had been widely criticised for his stance towards Zimbabwean President Robert Mugabe, whom he met on Saturday in Harare while on his way to a regional Southern African Development Community (SADC) summit to discuss the situation.

"There is no crisis in Zimbabwe," Mbeki told journalists at the time. "The body authorised to release the results is the Zimbabwe Electoral Commission, let's wait for them to announce the results."

Duarte contradicts Mbeki

On Monday night, a spokesperson for Mbeki's own ruling African National Congress directly contradicted the president's remarks at a meeting of the party's central working committee.

"The ANC regards the (Zimbabwe) ruling party Zanu-PF as an ally. However, it is concerned with the state of crisis that Zimbabwe is in and perceives this as negative for the entire SADC region," said spokesperson Jesse Duarte.

She watered down her remarks in a formal written statement on Tuesday, saying the ANC, "regards the situation in Zimbabwe as dire, with negative consequences for the SADC region".

Mbeki was the chief mediator between Zimbabwe's governing Zanu-PF party and Tsvangirai's Movement for Democratic Change (MDC) in the build-up to the election and was asked to continue his role by SADC at the weekend summit in Lusaka.

"If there was no crisis why was he appointed the mediator? That's one; two, if there was no crisis why would he want Zimbabwe to go to the SADC's extraordinary meeting?

"If there was no crisis why would the SADC be concerned about what was happening in Zimbabwe?" said Tsvangirai.

Source

Tuesday, 15 April 2008

DA: Mbeki out of touch with reality in Zim

April 07 2008 at 04:25PM

Opposition parties on Monday criticised President Thabo Mbeki's assessment of Zimbabwe's elections.

Mbeki's remarks made in Britain on Sunday indicated he was either woefully out of touch with reality in Zimbabwe, or he was attempting to "deliberately mislead the world's media about the extent of the crisis in that country," the Democratic Alliance's Dianne Kohler-Barnard said.

Independent Democrats leader Patricia de Lille lambasted Mbeki's "flawed logic".

"To suggest that Africans are claiming their space and that African leaders are taking full responsibility for their problems at home and in the same breath to refer to Zimbabwe as an example of this is not only misleading, it borders on the delusional," De Lille said.

The argument that Zimbabwe's election process had been "more satisfactory" this time around was just not good enough for the people of Zimbabwe.

"The fact is that the people of Zimbabwe may indeed be claiming their space and voting responsibly to deal with their problems, but [President Robert] Mugabe is doing everything he can to deny them their rights."

The delay in releasing the presidential vote outcome was just more evidence that Mugabe was a tyrant, and as long as Mbeki continued to remain silent and failed to act on his Southern African Development Community (SADC) mandate, he would remain a silent partner of Mugabe's tyranny.

Mbeki should be at home in Africa lobbying African leaders in the African Union and the SADC to speak with Mugabe as a matter of urgency and insist he allow democracy to take its course, De Lille said.

Kohler-Barnard said to ensure Mbeki did not remain misinformed about how flawed the elections were, the DA would provide him with a copy of its minority report on the elections.

Kohler-Barnard was one of two DA MPs in the SA delegation in the SADC observer mission.

The report detailed the material flaws in the way the election was conducted, and showed there was "no way that the poll can be judged as having been free and fair", Kohler-Barnard said.

"The reality is that the elections were held in conditions where the odds were heavily stacked in favour of the governing party, Zanu-PF.

"The net result of this fundamentally undemocratic environment was that any opposition victory could occur only in spite of overwhelming odds designed to mitigate the possibility of such an eventuality," she said.

Mbeki had also suggested to the world community that it should wait for the results of a Presidential run-off before judging the situation in Zimbabwe.

"This position is nonsensical for a number of reasons including, most obviously, the question of how a run-off can be mooted before the results of the presidential poll have even been released.

"Secondly, and perhaps even more importantly such a run-off is likely to be held in an even less democratic environment, and one in which there is a real chance that all available measures (including violence and torture) will be used to stifle the democratic will of the people."

It was high time that Mbeki be honest and open about the true extent of the crisis in Zimbabwe, Kohler-Barnard said. - Sapa

Source

Friday, 14 March 2008

'A country where it is okay to fail'

March 13 2008 at 04:16PM

By Tony Leon and Gareth van Onselen

Peter Hain might have done better for himself had he pursued a political and ministerial career in South Africa, where he grew up, not in Britain.

In late January he was obliged to resign from the British Cabinet for failure to declare a donation to his campaign for the deputy leadership of his party.

His resignation, demanded by the strict standards of accountability in Westminster, could never have occurred in South Africa, where government and Parliament have become virtually ethics-free zones.

Under the influence of the ANC, the South African government does not have a clear understanding of or appreciation for the principle of accountability.

Coupled with its insistence on using "the collective" as a smokescreen to protect individual culpability, this has reduced ministerial office to a safe haven for low standards and poor performance.

As a result, misconduct and malpractice are seldom met with meaningful penalties and, instead, a culture of excuse and compromise has been embraced, where everything is negotiable, there are no red lines and seldom are there consequences for failure.

It is a problem and attitude disseminated from the highest office in the land and one which, in turn, has infected even the lowest levels of the public service. But let's start at the top, with President Thabo Mbeki.

Last week, answering a DA question in the National Assembly on whether the Cabinet should be held to account for the Eskom crisis, the president's response was, at best, specious, at worst, warped.

He said: "The government takes collective responsibility for the national electricity emergency. This means that the attempt to attribute this national emergency to particular ministers is misdirected. The president of the Republic will certainly not join that effort."

And so we reach an intellectual cul de sac. For where do you take the case for accountability from there? Nowhere. You can't, because the president's logic is circular.

First, he equates accountability with responsibility, yet they are two different concepts. Responsibility tells you who is in charge; accountability refers to the consequences that those in charge must face when they fail to perform.

The reference to a collective blurs the issue even more. Instead of one person being held to account, suddenly the entire Cabinet is accountable two very different interpretations of the word.

Second a favourite trick of the president's by stating something forcefully, he implies (or perhaps hopes) it is the infallible truth and anything to the contrary is devious or dishonest.

Why is an attempt to attribute this crisis to a single minister misdirected? Because the president says so? Wrong. Actually, it's perfectly logical.

Various processes failed. In each case, someone was in charge of that process. And, in each case, they must be held to account there must be consequences for their failure.

Here is one element of the crisis, by way of illustration. Politicsweb recently set out how Eskom's management of its coal supply helped created the electricity crisis.

In June 2002, former Eskom CEO Thulani Gcabashe approved a corporate directive on procurement from black suppliers.

This established a "hierarchy of procurement" which had to be followed in sourcing products and services.

Although existing agreements were to be respected, for any further purchases drawn from outside the company Eskom was required to go first to "black women-owned suppliers", then "small black suppliers", then "large black suppliers", then "black empowering suppliers".

Only once these options had been exhausted could "other" South African suppliers be considered."

The result was that Eskom's coal stockpile was systematically reduced year-on-year, from 61 days in 2000 to just 18 days in 2007.

Now, all his other responsibilities aside, has Gcabashe faced any consequences for that massively destructive policy? No, none. In fact, he is still on Eskom's payroll.

He was responsible for that policy. It failed with devastating results. Yet he hasn't had to face a single consequence.

But in Parliament, Mbeki went further. When Dr CP Mulder asked him about the constitutionally mandated requirement of individual ministerial accountability to Parliament, the president's response was instructive. He said: "We can't resort to fall guys and scapegoats and things like that."

But while Mbeki might have intended his response to protect the relevant minister now Deputy President Phumzile Mlambo-Ngcuka he ignored the fact that there are, indeed, "fall guys and scapegoats" in this saga.

But they are not in the Cabinet or in the public service, but rather in the work force or more likely in the unemployment queues.

While Mbeki was shielding the Cabinet and Eskom top brass from any responsibility or blame, Goldfields, Africa's second-largest gold producer, had announced, just two weeks before, that it might have to eliminate 7 000 jobs or 13 percent of its workforce because of power cuts in the mining sector.

By removing accountability meaningful consequences or penalties from any corporate structure (public or private) you are, in effect, removing the fear of failure.

Indeed, if failure becomes just another concept to be condoned by reference to generic terms like "collective responsibility", then, in effect, it becomes acceptable to fail. Even if the failure in question causes devastating economic consequences and fuels unemployment.

The leitmotiv of the ANC government appears to be "it is acceptable to fail". And that attitude is rubbing off on our citizenry, which is hardly surprising given the tip from the top.

Be it the electricity crisis or the service you receive at a home affairs office, South Africans no longer expect the best from their government; indeed, many expect hardly anything at all.

The president has now signalled that there is no consequence for poor performance and no one is held responsible.

This grim prospectus one of the less noted legacies of the Mbeki era needs to be reversed unless we are content to slide toward the low road of mendacity and mediocrity.


Tony Leon is a former leader of the parliamentary opposition and 2007 Fellow, Institute of Politics, Harvard University. Gareth van Onselen is Director of Special Projects, DA.

Thursday, 06 March 2008

Wounded Nation

AFTER bathing in the warm, fuzzy glow of the Mandela years, South Africans today are deeply demoralised people. The lights are going out in homes, mines, factories and shopping malls as the national power authority, Eskom - suffering from mismanagement, lack of foresight, a failure to maintain power stations and a flight of skilled engineers to other countries - implements rolling power cuts that plunge towns and cities into daily chaos.

Major industrial projects are on hold. The only healthy enterprise now worth being involved in is the sale of small diesel generators to powerless households but even this business has run out of supplies and spare parts from China.

The currency, the rand, has entered freefall. Crime, much of it gratuitously violent, is rampant, and the national police chief faces trial for corruption and defeating the ends of justice as a result of his alleged deals with a local mafia kingpin and dealer in hard drugs.

Newly elected African National Congress (ANC) leader Jacob Zuma, the state president-in-waiting, narrowly escaped being jailed for raping an HIV-positive woman last year, and faces trial later this year for soliciting and accepting bribes in connection with South Africa's shady multi-billion-pound arms deal with British, German and French weapons manufacturers.

One local newspaper columnist suggests that Zuma has done for South Africa's international image what Borat has done for Kazakhstan. ANC leaders in 2008 still speak in the spiritually dead jargon they learned in exile in pre-1989 Moscow, East Berlin and Sofia while promiscuously embracing capitalist icons - Mercedes 4x4s, Hugo Boss suits, Bruno Magli shoes and Louis Vuitton bags which they swing, packed with money passed to them under countless tables - as they wing their way to their houses in the south of France.

It all adds up to a hydra-headed crisis of huge proportions - a perfect storm as the Rainbow Nation slides off the end of the rainbow and descends in the direction of the massed ranks of failed African states. Eskom has warned foreign investors with millions to sink into big industrial and mining projects: we don't want you here until at least 2013, when new power stations will be built.

In the first month of this year, the rand fell 12% against the world's major currencies and foreign investors sold off more than £600 million worth of South African stocks, the biggest sell-off for more than seven years.

"There will be further outflows this month, because there won't be any news that will convince investors the local growth picture is going to change for the better," said Rudi van der Merwe, a fund manager at South Africa's Standard Bank.

Commenting on the massive power cuts, Trevor Gaunt, professor of electrical engineering at the University of Cape Town, who warned the government eight years ago of the impending crisis, said: "The damage is huge, and now South Africa looks just like the rest of Africa. Maybe it will take 20 years to recover."

The power cuts have hit the country's platinum, gold, manganese and high-quality export coal mines particularly hard, with no production on some days and only 40% to 60% on others.

"The shutdown of the mining industry is an extraordinary, unprecedented event," said Anton Eberhard, a leading energy expert and professor of business studies at the University of Cape Town.

"That's a powerful message, massively damaging to South Africa's reputation for new investment. Our country was built on the mines."

To examine how the country, widely hailed as Africa's last best chance, arrived at this parlous state, the particular troubles engulfing the Scorpions (the popular name of the National Prosecuting Authority) offers a useful starting point.

The elite unit, modelled on America's FBI and operating in close co-operation with Britain's Serious Fraud Office (SFO), is one of the big successes of post-apartheid South Africa. An independent institution, separate from the slipshod South African Police Service, the Scorpions enjoy massive public support.

The unit's edict is to focus on people "who commit and profit from organised crime", and it has been hugely successful in carrying out its mandate. It has pursued and pinned down thousands of high-profile and complex networks of national and international corporate and public fraudsters.

Drug kingpins, smugglers and racketeers have felt the Scorpions' sting. A major gang that smuggle platinum, South Africa's biggest foreign exchange earner, to a corrupt English smelting plant has been bust as the result of a huge joint operation between the SFO and the Scorpions. But the Scorpions, whose top men were trained by Scotland Yard, have been too successful for their own good.

The ANC government never anticipated the crack crimebusters would take their constitutional independence seriously and investigate the top ranks of the former liberation movement itself.

The Scorpions have probed into, and successfully prosecuted, ANC MPs who falsified their parliamentary expenses. They secured a jail sentence for the ANC's chief whip, who took bribes from the German weapons manufacturer that sold frigates and submarines to the South African Defence Force. They sent to jail for 15 years a businessman who paid hundreds of bribes to then state vice-president Jacob Zuma in connection with the arms deal. Zuma was found by the judge to have a corrupt relationship with the businessman, and now the Scorpions have charged Zuma himself with fraud, corruption, tax evasion, racketeering and defeating the ends of justice. His trial will begin in August.

The Scorpions last month charged Jackie Selebi, the national police chief, a close friend of state president Thabo Mbeki, with corruption and defeating the ends of justice. Commissioner Selebi, who infamously called a white police sergeant a "f***ing chimpanzee" when she failed to recognise him during an unannounced visit to her Pretoria station, has stepped down pending his trial.

But now both wings of the venomously divided ANC - ANC-Mbeki and ANC-Zuma - want the Scorpions crushed, ideally by June this year. The message this will send to the outside world is that South Africa's rulers want only certain categories of crime investigated, while leaving government ministers and other politicians free to stuff their already heavily lined pockets.

No good reason for emasculating the Scorpions has been put forward. "That's because there isn't one," said Peter Bruce, editor of the influential Business Day, South Africa's equivalent of, and part-owned by, The Financial Times, in his weekly column.

"The Scorpions are being killed off because they investigate too much corruption that involves ANC leaders. It is as simple and ugly as that," he added.

The demise of the Scorpions can only exacerbate South Africa's out-of-control crime situation, ranked for its scale and violence only behind Colombia. Everyone has friends and acquaintances who have had guns held to their heads by gangsters, who also blow up ATM machines and hijack security trucks, sawing off their roofs to get at the cash.

In the past few days my next-door neighbour, John Matshikiza, a distinguished actor who trained at the Royal Shakespeare Company and is the son of the composer of the South African musical King Kong, had been violently attacked, and friends visiting from Zimbabwe had their car stolen outside my front window in broad daylight.

My friends flew home to Zimbabwe without their car and the tinned food supplies they had bought to help withstand their country's dire political and food crisis and 27,000% inflation. Matshikiza, a former member of the Glasgow Citizens Theatre company, was held up by three gunmen as he drove his car into his garage late at night. He gave them his car keys, wallet, cellphone and luxury watch and begged them not to harm his partner, who was inside the house.

As one gunman drove the car away, the other two beat Matshikiza unconscious with broken bottles, and now his head is so comprehensively stitched that it looks like a map of the London Underground.

These assaults were personal, but mild compared with much commonplace crime.

Last week, for example, 18-year-old Razelle Botha, who passed all her A-levels with marks of more than 90% and was about to train as a doctor, returned home with her father, Professor Willem Botha, founder of the geophysics department at the University of Pretoria, from buying pizzas for the family. Inside the house, armed gunmen confronted them. They shot Professor Botha in the leg and pumped bullets into Razelle.

One severed her spine. Now she is fighting for her life and will never walk again, and may never become a doctor. The gunmen stole a laptop computer and a camera.

Feeding the perfect storm are the two centres of ANC power in the country at the moment. On the one hand, there is the ANC in parliament, led by President Mbeki, who last Friday gave a state-of-the-nation address and apologised to the country for the power crisis.

Mbeki made only the briefest of mentions of the national Aids crisis, with more than six million people HIV-positive. He did not address the Scorpions crisis. The collapsing public hospital system, under his eccentric health minister Manto Tshabalala-Msimang, an alcoholic who recently jumped the public queue for a liver transplant, received no attention. And the name Jacob Zuma did not pass his lips.

Last December Mbeki and Zuma stood against each other for the leadership of the ANC at the party's five-yearly electoral congress. Mbeki, who cannot stand again as state president beyond next year's parliamentary and presidential elections, hoped to remain the power behind the throne of a new state president of his choosing.

Zuma, a Zulu populist with some 20 children by various wives and mistresses, hoped to prove that last year's rape case, and the trial he faces this year for corruption and other charges, were part of a plot by Mbeki to use state institutions to discredit him. Mbeki assumed that the notion of Zuma assuming next year the mantle worn by Nelson Mandela as South Africa's first black state president would be so appalling to delegates, a deeply sad and precipitous decline, that his own re-election as ANC leader was a shoo-in.

But Mbeki completely miscalculated his own unpopularity - his perceived arrogance, failure to solve health and crime problems, his failure to deliver to the poor - and he lost. Now Zuma insists that he is the leader of the country and ANC MPs in parliament must take its orders from him, while Mbeki soldiers on until next year as state president, ordering MPs to toe his line.

Greatly understated, it is a mess. Its scale will be dramatically illustrated if South Africa's hosting of the 2010 World Cup is withdrawn by Fifa, the world football body.

Already South African premier league football evening games are being played after midnight because power for floodlights cannot be guaranteed before that time. Justice Malala, one of the country's top newspaper columnists, has called on Fifa to end the agony quickly.

"I don't want South Africa to host the football World Cup because there is no culture of responsibility in this country," he wrote in Johannesburg's bestselling Sunday Times.

"The most outrageous behaviour and incompetence is glossed over. No-one is fired. I have had enough of this nonsense, of keeping quiet and ignoring the fact that the train is about to run us over.

"It is increasingly clear that our leaders are incapable of making a success of it. Scrap the thing and give it to Australia, Germany or whoever will spare us the ignominy of watching things fall apart here - football tourists being held up and shot, the lights going out, while our politicians tell us everything is all right."

11:50pm Saturday 9th February 2008

Tuesday, 04 March 2008

STATE OF THE NATION

Sunday Times (2/3/2008) — 03/03/2008

Mondli Makhanya, Editor.

From the world’s most optimistic nation to a state of depression
I'd like to deal with the rather gloomy mood our country is in. The big question is, how did we find ourselves in this situation where a country whose citizens were among the world’s most optimistic, finds itself in a state of depression, with the world increasingly doubting its viability as a prosperous democracy.

There is compendium of reasons. Crime is the biggest one. It is a big dark cloud hanging over us and could be our undoing. For a long time the South African government sent out a very definite message that it did not care about the safety of its citizenry. Instead of empathising and rallying us all to action, government leaders insisted on telling us that it was not as bad as we made it out to be. By the time the state heard the nation’s wails, so many had lost hope. And lives and limbs and sanity.

'Most corruptible politician'
Then we had the run-up to Polokwane, when the resurrection of South Africa's clumsiest and possibly most corruptible politician became a reality. The past 18 months also saw the unhinging of President Thabo Mbeki, who proved a more and more dangerous man with each deranged decision he took, and each whacky statement he made. We then had our most senior policeman confirming and reconfirming that he rather enjoyed the company of Mafia types and societal scum.

No sense of urgency as the dream slips away
Post-Polokwane, the behaviour of the triumphant ANC bloc has not helped. By the looks of things, some in the party want to ditch any pretence that this is a participatory democracy - an illusion that we could at least hold onto during Mbeki's leadership of the ANC. And, to crown it all, we were reduced to the status of a tropical outpost by the massive power blackouts that hurt the economy and made our lives a misery. As if that were not enough, there has been the spate of racist incidents, which reminded us that apartheid was too deep and sophisticated to be wished away by an enthusiastic archbishop. So, yes, it is a bad place we find ourselves in. We are watching the dream slip through our fingers, and there seems to be no sense of urgency among our leaders about rescuing it.

South Africa in the relegation zone
Elsewhere in this newspaper there is a report about a piece that scenario painter Clem Sunter has written for
Leadership magazine's next edition. In it he warns of dire consequences if we do not quickly reverse our political and economic and social decline. 'The country is now in the relegation zone and faces possible ejection into the economic mire of the second division. And this could happen quicker than we think,' he says. We need to revisit the dream and establish where we went wrong - and just how exactly we get ourselves back on track. What was our intention for the character of our republic when we set out on this journey? What was contained in that pact that we signed with each other and ourselves that April day in 1994?

Making an icon of a man with massive moral deficit
We know that we wanted to create a civilised nonracial republic that would put people first, value good governance, and be ambitious about its place in the community of nations. We need to ask ourselves why, in recent years, so much effort has gone into soiling this pact. And why the supposedly 'people-centred' state is so badly failing the people - and no one is held accountable for it.

There is a need to get to the reasons why public morality has been ditched as one of the defining characteristics of our republic. The ANC sent out a strong message in this regard when it propelled to icon status a man with a massive moral deficit, and reconfirmed it by electing on to its executive dozens of highly dubious individuals. The start of our 15th year in 2008 would be a good time to renew our vows and recommit to the rebuilding this dream. There is so much enthusiasm and energy among ordinary South Africans who want to make this republic work. They now just need to be led.

Friday, 29 February 2008

BODYGUARD OF LIES

Sam van den Berg
What conclusions can one draw from mounting evidence that the ANC may be steeped in corruption?

When the ANC adopted the principle of the armed struggle, like the USA under Bush at Guantanamo, or the Nazi functionaries at the Wannsee Conference (here), they abandoned 'ordinary' concepts of morality and legality and resorted to the Law of Moral Entitlement. It is a context in which graft, murder and torture - even democide - become conceivable and eventually acceptable, because it is done in the name of the greater good - racial purity, human progress, freedom, democracy or some such noble cause. Most people would probably say that during the Second World War this higher ethic was appropriate. It is debatable. Some people would agree that such an ethic is also acceptable in a war of liberation. Gandhi would have disagreed, but it is arguable.

Once a liberation movement becomes a government, it often finds it impossible to change its liberationist mind-set and accept 'ordinary' ideas of the rule of law. The ANC may have accepted the constitution and the Bill of Rights (read their lips), but always with a casuistic reservatio mentalis that everything was still subject to the higher Law of Moral Entitlement. The NEC of the ANC alone could be trusted with the sacred duty of upholding its concept of democracy. No-one else can be trusted.

At least honest
Whatever one might think of Mr Zuma's moral probity, he has been honest about one thing: he has twice publicly announced the supremacy of the ANC over the Constitution.

So - to take a purely hypothetical case - to pilfer state assets and divert money intended for the poor in order to fund elections and to buy the loyalty of influential people would not only be acceptable, but indeed a moral duty - the duty to protect Democracy. Even when things go badly wrong and corruption takes on a life of its own and gets completely out of hand, the Guardians of Democracy may still cling to their sense of moral entitlement - like corrupt and degenerate popes who still somehow managed to believe that they were doing God's work - even while moving in mysterious ways from one 'nephew's' bed chamber to the next.

Is it acceptable for the Guardians of Democracy to lie about their transgressions? No less a man than Winston Churchill answered this question: 'In wartime, truth is so precious that she should always be attended by a bodyguard of lies.'

Entitlement
The frightening thing is that this sense of moral entitlement probably implies that it is impossible for the Guardians to even think of the possibility of losing an election - and we know what that means in Africa (Mugabe, Kenya) ANC leaders pay lip service to multiparty democracy, but every now and then give the game away. It is significant that when President Mbeki went to Polokawne to seek a third term as ANC president, he did not bring an heir apparent with him. It was either Mbeki or nothing; losing was simply inconceivable. Stalin was also known for his policy of never permitting anyone to be seen as a possible successor.

Mr Zuma finds it inconceivable that a mere charge of corruption could possibly be allowed to stand between him and the presidency to which he is morally entitled, because only he really cares about the poor. The whole top structure of the ANC believes, like Mr Zuma, that the ANC will (and must) be in power 'until Jesus comes'.

Unfortunately - a painful lesson President Mbeki recently learnt: the gods take a very dim view of hubris.