Court ties Shaik to Zuma
mai 30th, 2008 by justme
Schabir Shaik’s bribery of ANC president Jacob Zuma has been proved and established, says South Africa’s highest court.
But while ruling that Shaik must pay back the more than R33-million in benefits he received because of his corrupt relationship with Zuma, the Constitutional Court on Thursday found it was “neither necessary nor appropriate” to examine whether Zuma believed the payments he received from Shaik were bribes.
In a unanimous verdict, the court found that the State had established “as a matter of fact” that Shaik, Zuma’s former financial adviser, had received multimillion-rand benefits “as a result of Mr Zuma’s support for Mr Shaik and his companies”.
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In the last of his six failed legal battles against the State, Shaik - who is serving a 15-year sentence for fraud and corruption - challenged two courts’ findings that he had obtained certain benefits after Zuma intervened on his behalf with French arms company Thomson-CSF/Thint.
Speaking on behalf of the court’s 11 judges, Judge Kate O’Regan found the State had proved that Zuma met Thomson after the company, acting on information that then president Nelson Mandela and then deputy president Thabo Mbeki did not like Shaik, started backing out of its relationship with the businessman.
After meeting Zuma on July 2 1998, Thomson recommitted itself to a relationship with Shaik and his companies - resulting in Shaik obtaining a 20 percent interest in African Defence Systems (ADS) as part of the Thomson consortium, which was awarded a multimillion-rand contract to provide the combat suites for the navy’s new corvette vessels.
It was these shares and their dividends that the State then seized, arguing they were the proceeds of crime - a claim on Thursday backed by the constitutional court.
Addressing arguments by Shaik’s counsel, Martin Brassey SC, that the State had failed to prove that Zuma had intervened on Shaik’s behalf solely because of the bribes and not out of friendship, O’Regan said it was “neither necessary nor appropriate … to traverse Mr Zuma’s subjective state of mind”.
O’Regan accepted the supreme court of appeal’s finding that Shaik’s payments to Zuma were made “in order to influence Mr Zuma to promote Mr Shaik’s business interests and, in attending the meeting in London in July 1998, Mr Zuma did as a matter of fact promote Mr Shaik’s interests.
“I conclude therefore that the State has established as a matter of fact that both benefits at issue in this case flowed from Mr Zuma’s support for Mr Shaik.”
Shaik maintained during his 2005 trial that he would have obtained the ADS shares without Zuma’s help.
But, describing this claim as of “no assistance” to the appeal brought by Shaik and his companies, O’Regan pointed out: “Mr Shaik did not choose to litigate. Instead he called on Mr Zuma for assistance and that assistance was furnished in July.
“The effect of that intervention is clear and is not disputed on the record.
“Thomson-CSF (France) changed its mind and set in train a process whereby (Shaik’s companies) gained a significant share in the ADS initiative.
“What is clear is that (Shaik and his companies) did not have to litigate because Mr Zuma’s intervention made that unnecessary.”
Speaking to the media outside the court on Thursday, Shaik’s brother, Yunis, said he was “disappointed” by the ruling.
Shaik’s family had earlier said that, should they win their battle for his assets, they would use the money to fight for his release.
National Prosecuting Authority spokesperson Tlali Tlali on Thursday said the State was “very pleased” with the judgment.
Original source can be read here, http://www.iol.co.za/index.php?click_id=13&art_id=vn20080530061049761C636907&set_id=
Mbeki’s message ‘much needed’
mai 27th, 2008 by justme
By Siyabonga Mkhwanazi
Although President Thabo Mbeki’s direct address to the nation for a halt on violence against foreign nationals was long overdue, his message was very much needed in this time of crisis.
This was the view shared by opposition parties after Mbeki spoke to the nation directly through SABC TV and radio on Sunday for the first time since xenophobic attacks broke out about three weeks ago in Alexandra.
Mbeki had been criticised by opposition parties and political commentators for being silent on the matter while the country’s townships were burning.
Mbeki described the attacks as shameful and senseless, urged South Africans during his live broadcast to be tolerant of their fellow Africans and other nationals.
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The president reminded the nation of the role played by the continent during the liberation struggle. He called on communities to isolate criminal gangs involved in the violence and for people to report those behind the atrocities to the police.
Democratic Alliance leader Helen Zille said although Mbeki’s message was long overdue “it is better late than never”.
Zille said the blame should be shouldered by the department of home affairs over the manner it was handling illegal immigrants.
She said the country’s porous borders also raised serious concern.
The DA leader said she hoped that the violence would be contained.
“I hope it won’t take long. I hope it will die down and I hope that the president’s call will help,” said the DA leader.
Inkatha Freedom Party Secretary-General Musa Zondi said it must be remembered that when the trouble started the president was out of the country.
“I don’t think it was a delay on his (Mbeki’s) part.
“If there is any blame to be apportioned all of us must share the blame,” said Zondi.
Zondi criticised the police for their slow response and also the intelligence services for failing to pick up information that there was something brewing.
“It raises questions about how safe we are. We expected them (intelligence agencies) to keep their ears to the ground,” he added.
Zondi said the violence had dented the image of the country abroad and raised concern about the safety of South Africans travelling on the continent.
Independent Democrats leader Patricia de Lille was critical of Mbeki, saying he should have intervened much earlier.
De Lille said the president’s failed to articulate his message accurately.
“Listening to his message he is not connecting to the nation. He is not a good communicator.
“He must have given us the assurance that this thing is under control,” she said.
The outspoken ID leader described the violence as an “embarrassment.”
Meanwhile, Mbeki yesterday left for an official visit to Japan, in spite of recent criticism that he is spending too much time abroad.
Mbeki has been sharply criticised in various quarters for being outside the country instead of attending to urgent matters at home, such as the recent xenophobic attacks on foreigners.
He will lead the South African government delegation to the 4th Tokyo International Conference on African Development (Ticad) in Yokohama, from Wednesday to Friday, Foreign Affairs said.
“President Thabo Mbeki will attend Ticad IV, held under the banner of ‘Towards a Vibrant Africa: A Continent of Hope and Opportunity’, within the context of South Africa’s priority to consolidate relations with Japan with a view strengthening North-South relations,” it said in a statement yesterday.
Ticad IV provided a valuable opportunity to promote the African agenda with Japan and its development partners.
It aimed to consolidate peace, human-centred development and poverty reduction through economic development, by, among other things, boosting growth, achieving the millennium development goals, consolidation of peace and democratisation, and addressing environmental issues and climate change.
It was expected that a joint committee for monitoring the Ticad process, comprising the African Bureau of the Japanese ministry of foreign affairs, African countries and other relevant Japanese organisations, would be established as a follow-up mechanism to Ticad IV, the department said.
Original source can be read here, http://www.iol.co.za/index.php?set_id=1&click_id=6&art_id=vn20080527055111754C441304
South Africa: Tanzanians Injured in Attacks
mai 22nd, 2008 by justme
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The Citizen (Dar es Salaam)
22 May 2008
Posted to the web 22 May 2008
Kagashe Beatus
Some Tanzanians living in South Africa are among the injured in the ongoing attacks on foreigners, which have so far left 25 dead, the government has confirmed.
But so far there has not yet been reports of any Tanzanian having been killed.At least 20,000 mostly injured foreigners have also been displaced, and have sought shelter in police stations and churches in the wave of violence directed at immigrants mainly around Johannesburg.
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Foreign Affairs and International Cooperation permanent secretary Ambassador Charles Mutalemwa confirmed yesterday that some Tanzanians were also injured in the indiscriminate attacks.He said their exact number was yet to be established as the Tanzanian High Commission in Pretoria was still following up the matter.
Meanwhile, the Government would compile the names of those whose lives could be in danger to determine whether or not to bring them back home.The task could, however, be difficult since most Tanzanians in South Africa, the permanent secretary said, were not registered with the High Commission.
Yesterday, ambassadors of different countries in South Africa met with local officials to find ways of dealing with the problem, and establish the damage caused.The South African government is now under growing pressure to deploy its army in Johannesburg’s black townships for the first time since the apartheid era.By yesterday mobs reportedly continued to move around the troubled twonships, chanting slogans with ‘go back home’ messages to immigrants.
They accuse foreigners of taking their jobs and houses; and of being responsible for rampant crime.
In Joe Slovo camp, East Rand, one person was hacked to death and two others were badly injured yesterday as the rage continued. Shacks were set on fire and hundreds of immigrants fled to a local community centre.
On Monday a South African businessman was also reportedly burnt alive in his home in Actonville after a mob accused him of hiring foreign workers.
About 20,000 Zimbabweans, Mozambicans and other African immigrants have sought refuge in police stations, churches and community halls, with more arriving by the hour. Hundreds have been forced to sleep outdoors with winter setting in.
Nearly 300 people have been arrested over the attacks and related crimes such as rape and looting.
The country’s Safety and Security minister, Mr Charles Nqakula, said the policedeployed ’specialised units’ to combat the violence.
“We are going hard on the situation,” he told foreigners sheltering in a police station in East Rand.
But there are calls for the army to patrol the townships to control the violence, which has degenerated into ruthless murder and robbery.
In a debate on the crisis in the Gauteng provincial legislature yesterday, the leader of the opposition Democratic Alliance, Jack Bloom, accused the government of failing to respond forcefully enough to the crisis.
“President Thabo Mbeki is notoriously allergic to admitting that even the most obvious crisis is a crisis, so yet again people die because he is out of touch with reality, both here and in Zimbabwe,” he said, adding that the military had to be deployed into the townships to back up the police.
The call was backed by a coalition of South African human rights groups, which called the violence a “national emergency”. But others have questioned whether the army can make a difference, pointing to its ineffectiveness in quelling anti-apartheid unrest in the past and the difficulties of patrolling the warren-like squatter camps.
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The Premier of Gauteng province, Mbhazima Shilowa, did not oppose the deployment of troops but said the decision had to be made by the government.
He said: “The situation is dire and we must intervene and intervene forcefully,” he said. “What kind of nation are we building - one which rejoices at someone who is burning, who is engulfed by flames?”
President Mbeki has described the violence as ’shameful and criminal’.He said ‘Citizens from other countries on the African continent and beyond are as human as we are and deserve to be treated with respect and dignity’.
Original source can be read here, http://allafrica.com/stories/200805220378.html
Woman raped on Durban beach
mai 14th, 2008 by justme
Durban - A 23-year-old woman was raped at Durban’s busy Blue Lagoon Beach, police said on Wednesday.
Killer-rapists executed
mai 12th, 2008 by justme
Tehran - Iran has hanged five men convicted of burning a young woman alive after raping her, the government newspaper Iran reported on Monday.
‘Heavy fighting claims 66 lives in Sri Lanka’
mai 8th, 2008 by justme
Colombo - At least 64 Tamil Tiger rebels and two Sri Lankan soldiers have been killed in the latest battles in the island’s north, according to the defence ministry on Thursday.
‘Cop not allowed to moonlight’
mai 5th, 2008 by justme
Durban - Moonlighting is not permitted in terms of Metro police regulations, Democratic Alliance councillor John Steenhuizen said on Monday.
Guess what Australia’s skills need is…
avril 29th, 2008 by justme
Sydney - A lobby group for brothel owners on Tuesday demanded a skilled migration stream for foreign sexworkers because Australia’s booming economy needs more sexworkers just like it needs more doctors, plumbers and welders.
China may recall Zim arms ship
avril 23rd, 2008 by justme
Beijing - China on Tuesday defended a shipment of weapons headed for Zimbabwe as “perfectly normal trade” but said it may be heading back because the ship was unable to unload.
‘At least my child is okay’
avril 21st, 2008 by justme
Secunda - A young rugby player from Secunda who injured his neck last Wednesday during a practice match can move his legs again.