Wednesday, June 5, 2013

Black Population Increases by 920% in 100 Years In South Africa

The black population in South Africa has increased by an astonishing 920 percent in just 100 years, mainly thanks to white farmers and western infrastructure, a new report from the Transvaal Agricultural Union (TAU) has revealed.
The report, titled “Whose Land is it Anyway,” was brought out to counter the build-up to the centenary of the 1913 Land Act in South Africa, which black supremacists and their supporters quite falsely claim was a “cornerstone of apartheid” and “land theft” from the African people.
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The TAU is the oldest agricultural union in South Africa and has been in existence since 1897.
“Common currency has it that whites ‘stole’ land from indigenous blacks and that this theft was legally ratified by the 1913 and 1936 Land Acts which divided up the land and codified these divisions,” the TAU report said.
In reality, “whites who came to South Africa in 1652 and thereafter found a land devoid of basic development and infrastructure, sparsely populated by meandering tribes who had no written word and whose way of life was the absolute antithesis of Western mores.
“It is now acknowledged that the Khoi-San groups, and their sub-groups, are the indigenous peoples of South Africa.
“Whites and black African groups arrived in various parts of the country around the same time. They met at the Fish River in the Eastern Cape, and wars followed.”
The TAU also pointed out that prior to the arrival of the whites, the black population—which as pointed out above, arrived simultaneously with the European settlers and therefore have no more claim to the country than the whites—did not have any concept of land ownership or even writing.
“Man in his primitive state did not know the concept of ‘land tenure,’” the report continued.
“When hunter/gatherer groups formed, the first land tenure (if it can be called that) was by nature communal. Before the arrival of the European in South Africa with his tradition of individual land ownership, communal tenure in Africa was the norm.
“The territory inhabited and/or cultivated by a particular ethnic group was owned and/or utilized by the tribe in the name of their king or chief. Because there was no written word among these peoples, Christian missionaries took it upon themselves to learn and then write and codify the languages of the black people to whom they were ministering. They then taught these people to read and write their own language.”
“It is known that a great migration of black people took place from the Great Lakes region southwards, eventually reaching Southern Africa. Numerous reports exist as to which tribe went where. But these reports are not the historical property of the black peoples.
“Thus their claims to land in South Africa have no empirical foundation. They are based on oral history and folklore, and what was observed by early European travelers and missionaries, by the British colonial presence in the country, by Boer trekkers and administrators.
“If your history is written by others, with what can you contest this history? However, the early settled areas of the black people were later generally recognized as their core areas.”
“From the very beginning of settlement, black and white were segregated. South African history is replete with clashes over land ‘ownership’. There were no title deeds, no courts to decide who owned what.
“Proclamations and annexations were followed by wars, clashes,  agreements and disagreements, theft of livestock, sloppy boundaries and arguments over the measurement and surveying of land; borders were drawn and re-drawn; people moved all over the place and a completely differing approach to farming by both groups existed.
“In the black community, land was communal and the product of their agricultural activities was mainly for their own consumption. This was subsistence farming, and it persists in today’s South Africa.
“ Soon after the formation of the Union of South Africa in 1910, it was deemed imperative to settle the land question once and for all. The government (still under the British Crown) believed that if land could not be partitioned and allocated within the ambit of a Western title deed system, the very future of South Africa would be put at risk.
“The most immediate problem was food production for a burgeoning population. (It was obvious to the British then that blacks could not produce food for surplus, and to this day this is still the case).
“The core reason for the 1913 Land Act’s passing was the security of the whites, and particularly the farmers, to give them the necessary security of tenure on their farms to produce the food for what was still a country under the British flag, controlled essentially from London. Gold and diamonds had been discovered, and Britain was not going to give up this new jewel in the Crown.
“Antagonists of the 1913 Act and indeed the 1936 Act should look to Britain for redress. These pieces of legislation were not apartheid Acts—they were devised in South Africa under a government controlled by Britain.
“The current population of South Africa according to Stats SA is 52,98 million. As quoted by the SA Institute of Race Relations’ Yearbook 2012, the population of the country in 1911 was blacks: 4,018 million, whites: 1,276 million; coloreds: 525,466 and Indians: 152,094.
“The percentages were white: 21% and black: 67%. One hundred years later, the percentage population increase of blacks was 920%.
“But land in South Africa is a political tool. It is wielded without thought for the morrow. It is proffered within the context of a cultural more that has no place in today’s practical world. The division of land under the 1913 Land Act is a blunt weapon used to garner votes by the present SA government to seduce naïve and mostly uneducated followers who cannot feed themselves but who are asked to look upon those who can feed them as ogres who stole their land.”
Recent statistics published by the SA Institute of Race Relations state there were 1, 337,400 units of food production in South Africa. Of these, 1,256,000 are subsistence farmers; 35,000 communal area farmers have turnovers of less than R300,000 per year; 24,000 small commercial units have turnovers of less than R300,000 per year, and only 22,400 commercial units have turnovers of more than R300,000 per year.
“This means that only 6 percent of farmers in South Africa produce 95 percent of the food for 53 million people.”
Finally, the report points out that leftist “harping” on the “inequities of the 1913 Land Act are completely at variance with the facts as they existed in the first ten years of the twentieth century.
“Government (and many organizations with strange agendas) continues to harp on the perceived unfairness and injustice of the divisions of land set out in the 1913 Land Act without taking into account South Africa’s pre-1913 recorded history and, importantly, the population of the country at the time.”

Tuesday, June 4, 2013

Business Man Repeatedly Raped In South African Prison

A BUSINESSMAN who contracted HIV after being repeatedly gang raped in a South African prison today opens up on his horrifying two-year ordeal. 

Sean Smith, a business partner of Wales rugby legend Gareth Thomas, has poured his heart out to Wales on Sunday following newspaper claims he jumped bail from the country over alleged swindles of pounds 1.4m. 

Speaking to Wales on Sunday, the 42-year-old told how he was: * Arrested by the South African fraud squad and kept in the Eastern Cape's controversial St Albans Prison for 19 months; * Raped repeatedly up to eight times a day by gangs of prisoners; * Diagnosed with HIV and told he would die within four years; and * Fled South Africa in a car boot while under house arrest after he was finally granted bail. 

According to a report last month, which Sean disputes, the entrepreneur is being hunted by South African police for 14 charges of fraud and theft. 

Sean, who is currently battling lymphoma of the brain, says his ordeal dates back to May, 2007. At the time, he was living in the lap of luxury pursuing business interests in the sun-soaked country. He says he was quizzed by police over exchange control regulations in relation to the mortgage on his home - a matter of which he insists he is innocent. He was then escorted back to a local police station before being locked up in St Albans. 

Describing how dramatically his life altered, he said: "Overnight I went from having a lifestyle where literally when I get up in the morning I'd have a shower and be dried by a maid to, by close of business, being p***** on and locked up and no-one telling you what's happening." 

The businessman, who owns five firms including The Turbo Drinks Company which he bought with Thomas and former Wales player Gareth Williams in January, said he knew from the very first minute he was taken to St Albans he was in for a harrowing time. 

St Albans - which is 30km outside of Port Elizabeth - hit the headlines in South Africa earlier this year when a human rights lawyer announced he was suing for damages on behalf of 231 prisoners, over allegations of brutality. 

"When I arrived outside, the screaming and the noise of the prisoners was deafening," Sean said. 

"I was stripped naked and then held waiting with all the other intakes to be cavity searched. 

"The stench was unbelievable because there was no ventilation. 

It was hot, it was putrid, and I was literally gagging." 

It took four hours for Sean to be processed before he was then thrown into a small concrete cell, with no bed or toilet. The cells were supposed to sleep no more than 20 inmates but Sean was forced to share with around 90 others. Almost a week went by and while the conditions were "inhumane" they were, according to Sean, "bearable". 

That soon changed as he entered a nightmarish world that haunts him to this day. 

"All night all I could hear is crying because my cell mates were raping each other," he said. 

"The first few nights I wasn't touched because I was the only white man and I didn't speak Afrikaans. They left me alone - I don't think they knew what to make of me or who I was. 

"But after a few days they realised the white man wasn't dangerous and they started touching me. 

"It was day six when I was first attacked and that went on pretty much every day for the next six months and it wasn't just once a day, sometimes it was about seven or eight times a day and that was one after the other. 

"They did it not just as part of gang dominance but in my case it was showing supremacy over a white man - of which I was the only one." 

Sean was left psychologically and physically scarred by the brutal assaults and very soon gave up fighting, becoming a broken man reduced to a shadow of his former self and left a mental wreck. 

"Apart from the obvious effects of rape you've also got bleeding, you can't heal, you can't eat and this went on for months," he said. 

"There wasn't much left of me by then anyway. I was pretty much a skeleton - I couldn't complain because there was nobody to complain to, besides, that was life there." 

Sean - who has recently bought a house in the Vale of Glamorgan, and who set up Sean Smith & Associates with Thomas last year - said he began desperately looking forward to the days he was taken to court, even though he knew he would be rejected bail. 

Eventually, the British High Commission became aware of his plight and sought to provide him with consular assistance. But, according to Sean, its attempts proved in vain as they were repeatedly denied access. 

He also insists that despite "dozens" of court appearances, he has never faced formal charges. 

Meanwhile, after nine months behind bars Sean was given a medical examination during which he suffered another brutal, life-changing blow. 

"I remember seeing a male nurse as it was far too dangerous for a female nurse; who wants to work in a place where you are going to get gang raped and no-one is going to stop it? "Anyway, the nurse said 'we have to do the HIV test', and at that point I didn't give a damn. I was broken. I was broken physically and mentally, I had nothing left. I had no spirit at all so I didn't care. 

"He did an instant HIV test and we're standing there making silly conversation while we wait the three minutes for the test. It then turned pink - meaning positive - and we both looked at each other and said 's***' together. He then burst out laughing. 

"I asked what happens next and he replied 'I don't know, we'll call you' and that was it, I was bundled back into [the prison] population." 

In the wake of this trauma, the British High Commission was granted more access to Sean, although their meetings were still limited to 10 minutes at a time. 

"Eventually I was moved to a cell on my own and this was like being released - it was as good as," he said. 

"And that's where I saw there were another three white people who, funnily enough, were all there for fraud and who outside had successful lives and in there had nothing. 

"Forming a network with these guys, who you could have an intellectual conversation with, kept me alive. It re-ignited my brain. 

"Slowly I managed to get my mind back and slowly build my spirit up." 

Prison life began to become more bearable. Sean started to build up a relationship with the prison guards who made the use of his letter-writing skills in exchange for longer visitation rights. 

At one point Sean and the British High Commission were allowed the use of a private room for two hours, although South African authorities continued to block his exit from prison. 

But eventually he was able to contact a former partner who stumped up the money allowing Sean to hire some of the best lawyers in the country - some of whom had recently worked with President Jacob Zuma when he was acquitted of rape - along with a clinical psychiatrist. 

"At that point I was a skeleton, my eyesight was pretty much gone," he said. "I was deaf in one ear, and mind-wise I had lost it. The psychiatrist was there to help me, not to spin something to the court." 

After dozens of court appearances, the moment Sean had been waiting for nearly two years for arrived - bail was granted. 

"I remember looking at the prosecutor and the judge when the announcement was made. The courtroom started jeering at them and all the ladies who worked for me and their friends who had come to support me started singing in their language. 

"The judge stormed out, slamming the door behind him." 

Sean was forced to hand over his passport and was then placed under house arrest. 

Immediately, Sean sought the medical attention he so desperately needed - including a consultation with a HIV specialist. 

Yet despite in need of reassurance, the medic told him he was likely to die within four years as a result of his HIV. 

For now Sean, who in addition to his Welsh home also owns a luxury flat in London's Canary Wharf, says he has learnt to be more upbeat about his HIV. 

Despite not taking any medication for the condition he insists it does not affect him. Yet he is less positive about the prognosis for his lymphoma of the brain. 

He says doctors have warned him he is in desperate need of an operation within the next five months or he could die. 

Meanwhile, in South Africa another two years passed, during which he says charges were still not brought. It was during this time that he hatched his plan to escape the country. 

After managing to obtain a replacement passport, he says he was able to cross the South African border into Lesotho hidden in the boot of a High Commission car, before catching a flight to London. 

"While I may have travelled in the boot I do not believe for a minute any of the senior staff knew about this," he said. 

"The High Commission would never embarrass themselves in that way - they are the most professional people you will ever meet." 

He added: "When I arrived at Heathrow even though I had no money, no job, nothing, when the hatch opened and the supervisor gave me my passport and shook my hand saying 'Welcome home Mr Smith' it was still the best moment of my life." 

According to South Africa's national police spokesman Captain Dennis Adriao, a warrant is still out for Smith's arrest. 

Yet while Britain does have an arrangement with South Africa on extradition the Home Office said they were unable to say whether a request had been made. 

A spokesman said: "As a matter of long-standing policy and practice, the UK will neither confirm nor deny whether an extradition request has been made or received until such time as a person is arrested in relation to the request." 

A spokesman for the Foreign Office said: "We were aware of Mr Smith's detention in South Africa. We provided full consular assistance including visiting Mr Smith on several occasions." 

http://whiteresister.com/index.php/stories/577-african-immigrants-brutally-beat-white-people-in-melbourne-home-invasion

http://metro.co.uk/2012/04/15/businessman-sean-smith-tells-of-south-african-prison-rape-that-left-him-hiv-positive-388840/

Two Days At The Arms Deal Inquiry

My First Two Days as an IFAISA Intern at the Seriti Commission.

The Arms Procurement Commission (APC) chaired by Judge Willie Seriti has been dogged by scandal in the last few months. The first two days that I spent at the APC were no different.

As an intern with the Institute for Accountability in Southern Africa (IFAISA), I was engaged to assist with noted activist Terry Crawford-Browne's testimony preparation. He was scheduled to give evidence to the APC on March 11th. It is through his work over many years that the APC has come to fruition: a never-ending determination to see the most controversial weapons deals in our (democratic) history thoroughly investigated. Considering that they cost this country an estimated R70 billion and have been discredited as illegal, unconstitutional and tainted by fraud, it is no wonder that Terry, an ex-banker, who organised banking sanctions against the Apartheid state, decided to take a stand.

I was briefed to go the APC premises so that I could inspect some of the documents that Terry had been offered inspection of by the APC and in respect of some of which he had won a High Court discovery order years ago. The International Offers Negotiating Team (IONT) documents are the inside working of the government's team that dealt with arms suppliers and ensure that South Africa received the best return for its investment. Considering that Terry and so many other high profile opponents of the deal (including Archbishop Tutu, Raenette Taljaard and Patricia de Lille to name a few) have accused the government of not fulfilling this basic mandate: the documents are crucial to establishing the truth.

And possibly, therein lies the problem.

On Monday, February 25th 2013 I was welcomed to the APC with open arms. I was shown the most gracious hospitality and had tea, water and general good spirit served to me in abundance. Even my meeting with Advocate Fanyana Mdumbe, the seasoned head of the APC's legal research team, went relatively smoothly. Considering what was written of him in Attorney Moabi's resignation letter, I expected our interactions to be bruising (Mr Moabi was a senior investigator with the APC and resigned accusing Fanyana and Judge Seriti himself of following a second agenda).

Consider this: a recently graduated LLB student from a 'troublesome' campaigner's legal team going up against an experienced advocate who was at the APC on secondment for the Department of Justice and Constitutional Development where he is the Principal State Law Advisor.

I expected to barely make it out of the meeting alive. But I was pleasantly proved wrong.

Mdumbe was most gracious and instructed the APC document managing team to bring me the first two of 9 lever arch files groaning under the weight of the IONT correspondence they contained. I was occasionally checked on and offered more tea. I spent the day reading through the documents noting what may have been of interest to our witness.

But when I returned the next morning, the same Fanyana must have been replaced with his slightly less accommodating doppelganger.

After initially bringing all 9 files to me, two hours after pouring over the close type-script, Mdumbe burst into the room and summarily informed me that I would not be allowed to read the documents anymore. My shocked expression was given a glib explanation: a decision had been made to limit access based on security concerns and that if anything changed it would be communicated to us in time.

Mdumbe was unmoving and indeed when I was joined at noon by my leader, Paul Hoffman SC and Terry himself, we made no headway. It seemed Mdumbe didn't want a fight for our legitimate access to the documents: we were told he had gone to Cape Town.

A few frustrating hours were spent submitting to Judge Seriti - through intermediaries as he refused to see us himself - that the APC was gravely mistaken:

First, Terry obtained a High Court order as far back as 2003 compelling the government (Trevor Manuel and Maria Ramos opposed him unsuccessfully) to allow him access to the documents. This was granted by the court without a need for a confidentiality agreement to be signed. Thus the documents in question could not be that sensitive or Terry would not have been given discovery. Any justification based on the documents being classified does not stand. The court order ought to have been persuasive.

Without getting into the detail of that, Terry's court order was ignored but the self-same documents were made available to the Commission 10 years later. Why the APC attempted to disallow access to the man who sought out the IONT documents in the first place and who needs them for his testimony - which he was invited to inspect by the APC itself - to aid it in its work is bizarre.

Second, and in any event, the APC's own summons of Terry invited him to come and inspect relevant documents to his testimony. As his legal team, that right extends to us too. It is quite baffling that the APC would allow access to documents, facilitate the entire legal team coming to the APC itself at taxpayers' expense to inspect the documents, only to be turned away and told that we could not inspect any longer. Especially when these documents are essential to the testimony that needs to be given.

It is regrettable that only after a threat of urgent legal action was made did Judge Seriti accede to our reasonable requests to be allowed to do what we had been invited to do. This bizarre treatment of Terry, a man who should be thanked for committing his life and all of his own resources to getting to the bottom of the Arms Deals, tends to add credence to Moabi's complaints.

If the APC wishes to inspire confidence in itself, it must not take a hostile attitude towards witnesses and their legal teams. If anything, it should do everything that it can to assist Terry and the other witnesses in the giving of their testimony so that the truth can emerge. The APC is not in place to protect the government: it is in place for reasons of accountability and transparency. Judge Seriti must ensure that the APC is beyond reproach, that it respects the Constitution and it gives real meaning to the mission that it has been accorded. Anything but is a travesty of justice.

As I wrote this, we received confirmation that the APC hearings would be delayed to resume in August. Despite having 17 months to get their house in order, the APC is going to be delayed. Something about 'justice delayed being justice denied' comes to mind.

I am hopeful that this is not the case. Based on a preliminary examination of over 8000 pages which constitute the single IONT document bundle, it cannot be doubted that there are mountains of evidence that need to properly examined in order to uncover the truth. It is thus commendable that the APC has chosen to keep its evidence leaders working hard and is committed to ensuring that the Arms Deal is fully investigated. No matter how long it takes and no matter how hard it may be, the APC must stay the course and use the opportunity it has to restore the faith in public discourse that South Africans have hitherto lost.

This delay gives the APC the opportunity to summons the ANC, its financial records of donations and its internal discussion documents, post-Polokwane, on the arms deals will go some way to doing that. The government too should not pass up the opportunity to come clean or in the alternative, show that it does believe in being transparent, accountable and subscribing to the rule of law in the words of the APC's motto. 

Kameel Premhid holds a BA and LLB from UKZN and was recently awarded the KZN Rhodes Scholarship. He is based at the Institute for Accountability in Southern Africa for a few months before heading to Oxford later this year. Follow Kameel on twitter: @kameelpremhid

Kameel Premhid
04 March 2013

http://www.ifaisa.org/Two_days_at_the_arms_deal_inquiry.html

Nathi Mthethwa Drops The Ball

Hot on the heels of exhorting police officers to police their colleagues so that the image of the police is not negatively perceived, the Minister of Police, Nathi Mthethwa appeared before the Police Committee of the National Assembly. He flew in to explain police brutality and wrongdoing to the members of Parliament who waited patiently for him to arrive, fashionably late, at the Old Assembly Chamber.

Speaking in the soothing tones of a school nurse attending to a gaggle of children with scraped knees from a minor playground mishap, the Minister delivered himself of an underwhelming performance. For the best part of half an hour, he managed to say absolutely nothing new about the problems facing the police service and the symptoms of dysfunction in its ranks.

As the responsible Minister, it was to be expected that he would seek the moral high ground, roundly condemning the excesses emanating from Marikana to Daveyton; announcing stern remedial measures and generally reassuring the public that the "rotten apples" have not taken over in the police. Instead he mouthed platitudes and skilfully ducked any and all questions that might require him to actually grapple with the issues posed by the deplorable track record of the police in recent times.

The Minister did concede that there is a problem with the command and control of the police. This much has been clear to any objective observer for years. It is a good first step that the Minister has brought himself to the point at which he is able to make the necessary concession. Former police chiefs Jackie Selebi was convicted of corruption, Bheki Cele was dismissed for mismanagement of the grossest kind. Present incumbent Ria Phiyega is currently on the carpet at the Farlam Commission of Inquiry into the Marikana massacre. It requires no genius to divine that the command and control problems in the SAPS go right to the top and have done so for some considerable time.

The ANC policy of cadre deployment in all centres of power in society, including SAPS - which is indubitably a centre of power, did not even warrant a mention in the discussion in the Old Assembly Chamber. Yet, cadre deployment is at the root of the problems, not only in SAPS but elsewhere in the public administration where labour intensive activities (think Home Affairs) are the required functions of the day. The ANC has persisted, despite all its bad experiences, in appointing politicians and non-police personnel into the leadership (jargon: command and control) of SAPS. The Constitution expressly requires a high standard of professional ethics of our police, and of public servants in general. The promotion and maintenance of these qualities is a primary task of government. Appropriate leadership is a sine qua non for the attributes of effectiveness, efficiency and the economical use of resources which are at the core of any successful police operations. These criteria are also constitutionally prescribed in section 195(1) of the Constitution. In the top structures in the police there is widespread cadre deployment with the results that are there for all to see. The fact that cadre deployment in the public administration is illegal and unconstitutional is conveniently ignored. Even by the Parliamentary Committee. When the Public Service Commission is publicly challenged on this, the answer is "prove it". Phiyega refused to admit her cadre status on being appointed, it was unnecessary to ask the question of her last two predecessors.

Cadre deployment's illegality has actually been proved in court in the famous case of Molokoti v Amathole District Municipality in which the Eastern Cape High Court sent a deployed cadre packing and replaced him with the candidate for municipal manager who should have been appointed on merit. The case was not appealed and remains good law. The feral elements in the administration continue to ignore its applicability in human resource management in the public administration with the sort of results we now see in the police. This is lamentable. It is also unacceptable that the use of proper recruitment methods, involving psychological assessment to weed out the socio-paths and psycho-paths before training starts and a functional literacy test to weed out the illiterate, are not in place. These simple measures do not occur to the Minister. Instead he suggested that the public should have a say in who should and should not be accepted as a police recruit. This is both novel and unworkable. It is a tacit admission that the police human resource personnel are not up to the job of recruiting suitable staff themselves and an invitation to all manner of shenanigans on the part of the public. The notion should be dumped unceremoniously.

The reason for the need for functional literacy testing lies in the dysfunction in evidence in the basic education system. Far too many young people are given a matric certificate in circumstances and at a pass rate that leave their functional literacy open to doubt. The private sector has long been wise to this and does not regard a matric certificate as evidence of functional literacy. The SAPS say a driver's licence and a matric certificate are the basic requirements. Those who have these two pieces of paper and are unable to find work elsewhere tend to gravitate toward the police, who employ a relatively large cohort each year, whether they have any interest in police work or not. This the Minister, to his credit, did recognize at question time. Literate constables would at least be able to take down a statement.

The National Development Plan's (NDP's) recommendations to "demilitarise" the SAPS were fudged away by the Minister on the same day that his Chief of Police is quoted as saying "It is difficult for me to say I agree or I don't agree [with the NDP recommendations]. With certain reservations and discussions we will embrace the recommendations". Perhaps she has not been told that the ANC has adopted the NDP as policy; perhaps she thinks her management and control of the SAPS gives her the power to second guess official policy. It ought to be deeply worrying to the ANC that its own resolution adopting the NDP is not whole-heartedly embraced by both the Minister and the Chief of Police. The Constitution contemplates a police service that protects and secures the inhabitants of the country and their property. It does not envisage a police force that perpetuates the unfortunate power relations that existed between police and public under apartheid.

The Minister did make a concession that will have Bob Glenister and the Helen Suzman Foundation cheering in the aisles in their challenge to the constitutionality of the new legislation governing the Hawks unit of SAPS. At question time he solemnly said: "Negative perceptions envelope whatever is there and they matter in issues of crime". The issue of public perception of policing is one of the hottest topics in the pending litigation. The Constitutional Court is already in full agreement with the sentiment expressed by the Minister. The new legislation is however out of kilter with this notion. All good South Africans should thank the Minister for this important concession, however unconsciously it may have been made.

Paul Hoffman SC
27 March 2013.

http://www.ifaisa.org/Nathi_Mthethwa_drops_the_ball.html

Monday, June 3, 2013

Shadow Minister Of Police Budget Speech 30 May 2013

Police Budget Speech:

Professional police service needed to tackle crime
Dianne Kohler Barnard, Shadow Minister of Police
30 May 2013

Highlights:

•Police brutality has led to SAPS putting aside 32.8% of its massive budget for contingent liabilities - R20,5 billion. Most of this is to pay civilians for having been shot, raped, beaten, robbed, hijacked, raped in cells, illegally detained, run over, wrongfully arrested, or to the families of those tortured or murdered - all of these actions perpetrated by SAPS members;
•Minister Nathi Mthethwa is wasting taxpayers’ money and time by challenging the Western Cape’s Community Safety Act and the establishment of a Commission of Inquiry into the inefficiency of the police and breakdown in relations between the community and police in Khayelitsha;
•Forensic backlogs are on the increase again;
•A Public Service Commission report has revealed that 20% of detectives are without the most basic of training;
•The lack of understanding of the SAPS’ needs by the Minister sees us having 27 000 SAPS members with firearms, but no licences; stations with vehicles but 16 594 cops without driver’s licences and cops too overweight and unfit to catch a cold let alone a criminal.

There can surely be no greater sacrifice than to put one’s life on the line to protect one of our citizens. Each year in the South African Police Service (SAPS) annual report we read the names of those officers who did just that. They died doing a job they love, protecting us. They are real heroes.

And what made them real heroes is that they continued to do their job, possibly the toughest job in the world, in the face of actions by their colleagues that brought this nation great shame.

•The Marikana Massacre;
•Mido Macia dragged off behind a police vehicle then beaten to death;
•Andries Tatane shot to death in front of the nation’s eyes on television;
•Anene Booysen – a gang rape investigation gone bad;
•SAPS colleagues driving off dragging a court interpreter by the neck in North West;
•Guptagate;
•the remilitarisation of the SAPS along with the shoot-to-kill mantra leading some of their colleagues to treat protestors and even non-protestors as ‘The Enemy’.

This is, of course, just a small sample of why the SAPS had to put aside 32.8% of its massive budget for contingent liabilities - R20,5-billion. Most of this is to pay civilians for having been shot, raped, beaten, robbed, hijacked, raped in cells, illegally detained, run over, wrongfully arrested, or to the families of those tortured or murdered - all of these actions perpetrated by SAPS members.

There were almost 5000 complaints against SAPS members this past year. 720 were deaths by SAPS members, 88 cases of domestic violence by SAPS members, 2320 allegations of criminal offences by SAPS members. We’ve seen the filmed footage of a number of these cases, as has the rest of the world, and yet the President refused my request to establish a Judicial Commission of Inquiry into Police Brutality – saying it was unnecessary.

I beg to differ.

It is this brutality, coupled with quite possibly the most inferior training regime in the world, that led to the results revealed in the SA Institute for Race Relations investigation that 1.7 million crimes went unreported to the police in 2011, a massive vote of no confidence in our SAPS.

Particularly horrifying was the claim that three murders a day go unreported. Of the 3.3 million crimes experienced by us in 2011, only 48% of these were reported.

Indeed as a nation we should hang our heads in shame that only one in 10 victims of rape go to the SAPS. This means that if official statistics show 70 000 rapes reported during the annual crime stats release circus this August, that means at many as 700 000 women, children and men were raped.

The vast majority of our SAPS members know this, and yet they still go in to work each day willing to take a bullet for you or me.

The SAPS certainly has the budget to supply our stations with the equipment they need. Of course they should automatically have running water, toilets and electricity – yet there are stations without some, or even all three of those essentials. Instead the management finds what it considers to be other priorities – such as choosing to pay R4,039 billion to consultants.

Among those, for example, R11.7 million was spent on adult education courses for SAPS members, despite a matric being a prerequisite for joining the SAPS. This, 20 years after democracy, doesn’t say much for our education system, does it?

Then there is the fact that we send our officers off to capacitate other countries, if that is indeed what they do there. There are 15 members going to South Sudan with another 53 members today awaiting deployment to Darfur. This Darfur mission was started in 2005 at a cost of R12- million annually. This while we have stations without water and our Public Service Members striking yesterday, today and again next month for the increases they were promised back in 2011. Over R96 million of public funding is going instead to South Sudan and Darfur while SAPS pleads poverty.

Of course there are other reasons for the SAPS to plead poverty, all of them preventable. Usually they may be categorised as bungles, criminality or just utter stupidity. I would put in the latter category the fact that the multi-million rand AVL SAPS car-tracking system contract lapsed because the last disgraced National Police Commissioner Cele only signed the renewal three days after it expired.

The criminality relates to the seven multi-million rand contracts currently being investigated – where hundreds of millions seem to have simply disappeared.

The Special Investigating Unit is still investigating the two ridiculously expensive National Police Days, so we’ll have to wait and see which of the three categories they fall into.

Then there are the generic issues that see SAPS actions boosting crime, which they then have to fight.

In 2010 the Minister of Police stated publically that he really was going to be tough on SAPS members who ‘lost’ their firearms - automatic dismissal.

Thus far, SAPS firearms lost: 13 000. Dismissals: 0.

I did ask whether or not there were serial offenders, officers who “lost” a firearm annually in lieu of a 13th cheque, and they didn’t know.

While general looting of SAPS coffers continues, such as in Crime Intelligence, there has on the other hand been a massive dropping of crime fighting targets. This is the core mandate of our Police, but as the SAPS fails to reach a target so they drop it.

The 7 -14% dropped to 4 – 7 % which dropped to 2%, 1% or in some areas they’ve said they’ll be content to maintain the status quo. This for a R67.9 billion budget

Meanwhile they have quietly erased certain measurements that annually shamed them, such as how many officers don’t have bullet proof vests or firearms. The Rural Safety Strategy has evaporated as has the reporting on murders and attacks of farmers and farm workers. What they don’t like, they prevent us from seeing, rather like the Guptagate Report before the snap debate last week.

The same is happening to our reservists – turned away from SAPS doors since 2008 when a bizarre moratorium on the taking on of this free labour was instituted. This even though on January 15, 2010 this Minister answered my Parliamentary question saying the moratorium had been lifted. It hadn’t. It still hasn’t. So for five years the call to communities to assist in the fight against crime has seen them turned away at the door.

I have no doubt this is an intentional move.

It’s as intentional as the retaining within the SAPS of thousands of convicted criminals who committed a crime and got away with a fine. Rather like here in Parliament. Even if a SAPS member has to pay a R30 000 fine for, for example, grievous bodily harm, beating someone almost to death, they don’t miss a day at work, or have the firearm taken from their hip. One has to ask how seriously we can take SAPS that allows criminals to skulk in their ranks.

This has been one of the dangers of mass recruitment. In 2008 with anyone and everyone being scooped into the Service and the Reservists, we were left with masses of poorly trained, poorly managed officers, sometimes with criminal records, and of course no internal Anti-Corruption Unit.

This was thanks to the disgraced National Police Commissioner (NPC) before the last disgraced NPC, Jackie Selebi, sentenced on 2 July 2010 to 15 years imprisonment the impact on our SAPS was cataclysmic.

The shame he brought on SA was off the Richter scale, yet he never saw the inside of a cell. Since July last year he’s been back living in his mansion, still owing us R17-million.

Meanwhile the criminal case laid by the DA against Bheki Cele as a result of the Public Protector’s report on the scandalous lease deals is so far on the back burner it has gone as cold as a spent cartridge.

It’s all about attitude, and leading from the front and as long as recycled politicians and quasi-politicians are given the job as NPC, there is no one our SAPS members can aspire to be.

For example, despite all the Women and Children First rhetoric we hear annually, SAPS members seem universally incapable of taking Domestic Violence seriously. In 35% of cases they fail to arrest an abuser, and in 17% fail to arrest them even when an arrest warrant has been issued. They simply refuse. They aren’t thrown out of the SAPS either. This while 2 500 women are murdered here each year. Indeed our femicide rate is five times the global average.

Perhaps this is all because those at the highly-paid top have been too focussed on the whole grubby Mdluli saga to see what’s going on in front of their eyes. He’s now been sitting at home on full-pay for a year, while his two colleagues are being charged with theft, fraud and corruption relating to the looting of the Crime Intelligence slush fund.

So we sit with an acting head of Crime Intelligence until this matter is dealt with. However it’s extremely embarrassing for the Police Portfolio Committee to grill the SAPS on this and the rest of the empty posts filled by mere Acting hosts when indeed the very person who sits in as head of our Committee has been in an acting position for a full year.

Consider Honourable van Wyk. There is no one in this room, bar myself perhaps, who knows more about the SAPS and our portfolio committee than she does. She has done an exemplary job in this position, when I felt sure no one could even begin to fill the shoes of Hon Chikunga.

The question is, until such time as this country becomes a mature democracy and appoints opposition members to lead all portfolio committees as is done in so many countries around the world, why on earth have you not appointed her? Stop dithering and get on with it.

This committee has work to do, such as asking why backlogs are on the increase again, despite our having spent billions on the Forensic Laboratories. It doesn’t help that the Health Department labs are totally dysfunctional making it virtually impossible to convict drunk drivers because it takes over a year for them to process a simple vial of blood.

With the DNA legislation finally coming before us on Tuesday, after years languishing before Cabinet, I did find myself wondering if we have the capacity to handle the proposed criminal DNA database.

Another red flag for South Africa is that in three years the rhino population in the Kruger National Park will enter a negative growth phase. Five years later - by 2020 - there will be no rhinos left in there at all.

Wildlife products leave SA for Southeast Asia, and from there to China and Asia, and international research shows that poaching tends to thrive in places where corruption is rife, government enforcement is weak and there are few alternative economic opportunities.

The entire wild population of white rhinoceros could be lost by 2021.

How could we have reached this stage? I believe it's because of three years of vapid Empty Suit leadership. This has sent discipline and professionalism into freefall.

Crime statistics barely dropped last year and it is accepted that the SAPS presenting crime statistics is like allowing matriculants to mark their own exam papers.

There seems to be an inability to understand that a lack of training is the key. A Public Service Commission report has revealed that 20% of detectives are without the most basic of training. We know only 3.3% of SAPS members are trained in sexual offences. Cases are thrown out of court and criminals remain on the streets.

It is this lack of understanding of the SAPS’ needs that sees us having 27 000 SAPS members with firearms, but no licences; stations with vehicles but 16 594 cops without driver’s licences and cops too overweight and unfit to catch a cold let alone a criminal.

The Minister continuously bends over backwards to appease COSATU, as seen with his firing of cleaners and security guards with no planning for the chaos these moves would cause. SAPS offices are now filthy, and crime fighting reservists were asked to act as security guards.

He has failed to bring the crime rate down significantly, sent untrained police officers out to face death and failed to deal with police brutality and corruption.

Meanwhile he wastes taxpayer’s time and money playing politics, such as his fight against the introduction of the Community Safety Bill in the Western Cape, or challenging the right of the WC Government to institute a Commission of Inquiry into the breakdown between the community and police in Khayelitsha.

Now a word to the real police in this chamber. You don’t need the politics and gimmicks that emanate from government.

You’re being leaned on by politicians while policing priorities are dictated by the news-cycle rather than by what works. It’s time to refocus, because you already have the laws and the powers to take back our country street by street. All you have to do is implement what exists.

You are under enormous pressure in the face of organised crime and threats to national security. You must be able to go about your job without worrying about the next edict to come from on-high. You must be given the licence to police. How?

By working with the local people, by developing local strategies, by welcoming your CPF link to the public and by understanding that communities have the right to demand the removal of station heads if they aren’t up to scratch.

Citizens are expected to compare standards between schools in their area, patients between the performance of various local hospitals, and they should also be able to do the same with local police stations.

We must give the public much more information about crime in their streets, with detailed crime map of the crimes in their area. They must know where they are at risk. Enough with the secrecy that is costing us our lives.

Our citizens pay a fortune to you, and to private security, and they must be able to challenge you, and your performance. If you were free to train, equip and perform as I know you can, I believe the need for private security in South Africa would simply cease.

We can go on as we are. We can continue to swallow inexperienced officers put in as leaders and expected to learn on the job; citizens living in fear; known best for our world class criminals and the fact that 47 of us are murdered each day

Or we could turn this page of what is an ineffectual, excuse-ridden management. We could take back all that is good and great of the SAPS, allowing you to promote the best, to be the best you can.

I believe you want to answer to the people you signed up to serve and protect, and I believe you should be allowed to do just that. Today South Africa deserves, and pays for, a highly professionalised and top performing police service. But we don’t yet have one.

You have a veritable Mount Everest to climb, but there is enough that is great and good in the SAPS, and I believe that we will see you back up there with these disgraces behind you, once again a service with members our citizens run to for help, and not run from in fear.

I salute you.

Sunday, June 2, 2013

Entering Dark Corners Of Baggage Theft - OR Tambo Airport

Johannesburg - A sewerrat, a ghost, uninterested police officials, poorly maintained buildings and lax security for people working at OR Tambo International Airport.
These were just some of the interesting and disturbing situations that Steve Chart encountered while working as a consultant to Airports Company South Africa (Acsa), to advise and assist with the ongoing and problematic issue of baggage pilferage at South Africa’s biggest airport.
 In 2007 Steve Chart was appointed as consultant to the Airports Company South Africa (ACSA) with the task of assisting in the reduction of baggage pilferage at OR Tambo International Airport. What Steve soon realised, however, was that in terms of security, the airport wasn’t a vessel with a small leakage problem, but a boat on the absolute verge of sinking. He encountered countless cases of corruption and poor management, and no desire to take responsibility.
This book details the many interesting and at times humorous investigations he undertook at the airport and deals extensively with the baggage handling system, and is a reminder to the public about protecting their luggage, themselves and their fellow travellers.
Steve Chart was born in England and raised in South Africa.  Matriculated 1967 and returned to UK in 1968.  Joined Metropolitan Police in London in 1970 rising to the rank of Detective Inspector.  Resigned in 1897, returned to South Africa and started an independent security consultancy and private investigation company. Specialised in the field of lie detection.  Appointed by Airports Company South Africa In May 2007 as a consultant to deal with rampant baggage pilferage at O R Tambo International Airport.  Returned to England in May 2011 when contract with ACSA ended. Now retired and living in Wiltshire.
In his book, 89 Bags and Counting: My long haul to OR Tambo International and the Mystery of the Pilfered Baggage, Chart describes in detail his experience of the rampant pilfering, and of his dealings with officials at, and connected to the airport.
In 1986 Chart made a life-changing decision to cut short a promising career as a detective inspector with New Scotland Yard, returning to South Africa in 1987 to start his own business – a security and investigation company.
And in 2007 he was appointed as a consultant to Acsa.
His book, described as an “outrageous story”, is a must-read for anyone who’s travelled into and out of OR Tambo International – or plans to do in the future, and for those who want to know what goes on behind the scenes.
The story details many incidents where Chart witnessed first-hand how crafty and creative thieves can get.
“He puts the iPod, camera and bottle of expensive perfume to one side, together with the very handsome designer-label shoes he has taken from another bag.
“With a deftness developed from opening and closing so many different pieces of luggage, he casually pulls the zip closed before sending the bag on its way to be loaded into the aircraft. It will be hours before the passengers discover the thefts, and by that time he will be long gone,” Chart writes.
But for the author the worst was that Acsa officials were always very slow to react, he says, as incidents tended to “go away” after a while. Police, too, were mostly not interested.
Chart is frank that responsibility, logistics and costs will always be cited as reasons for not implementing a system where airlines secure baggage with a strap, which would immediately indicate interference. He suggests that costs could be added to the price of flight tickets to cover that.

“There is no airport in the world that can guarantee that our bag will not be pilfered, but the likelihood of it happening at OR Tambo is greater… “ Chart writes.
Meanwhile, Acsa spokeswoman Unathi Batyashe-Fillis said last night that the company was not in a position to provide a meaningful response, as they had not read the book.
She was adamant, however, that Acsa was continuing to make strides in reducing theft.

“It is perhaps prudent to add that Steve Chart is one of the people Acsa employed as one of the many initiatives we undertook to work on a collaborative process with airport stakeholders in reducing a real problem in terms of mishandled bags,” she said.
Luggage that is delayed, lost, damaged or pilfered, and recorded as such by an airline, is treated as a mishandled baggage claim.
Batyashe-Fillis said that in partnership with its “stakeholder community”, Acsa continued to intensify efforts to prevent baggage theft across all its airports, in line with international benchmarks.
“In the past five years the company has seen consistent improvement in the infrastructure surrounding and supporting baggage handling.
“Acsa’s OR Tambo International Airport has over the past three years seen a more than a 49 percent reduction in the number of mishandled bags,” she explained, adding however that their stance was that one bag stolen was one too many.

The company had invested R20 million in security infrastructure to create a layered security approach, with the aim of fighting crime in general.

Some of the recent successes can be attributed to redesigning the baggage sorting area entrance to accommodate fully automated screening and reverse screening, she said.

Tuesday, May 28, 2013

The Gap In The Guptagate

The major problem with the Gupta scandal is that it didn’t come off as a deal; it came off as some rich toff with political connections using them to get one over on the rest of us.

But if that rich toff actually pays for the VIP experience, that changes things.
The Guptagate scandal has - aside from horribly embarrassing the country - revealed a bit of a gap that our country could possibly exploit.
So far as I have heard the plane landing at the Waterkloof Air Force Base didn’t actually inconvenience the base all that much, and the various elements to the landing sound rather pleasant.
Couldn’t we, as a country, sell this to rich foreigners who want to get married? Sure, we would make them pay for it... But just imagine someone with more money than sense, say the sort of person who would buy a diamond encrusted car, wants to get married.
We could sell them a marriage unlike anything in the rest of the world – with everything from snacks at landing, to the blue light brigades.
The way the Gupta scandal went off sounds like it was rather pleasant on the day – sure, the political fallout hasn’t been, but I am pretty sure the bride and groom had a fun wedding.
If we could turn this from something you buy with the president’s name, and into something you buy with actual rands, well why not?
What we really object to isn’t as much the blatant corruption, as the fact that we aren’t getting in on the action. Bribe one person and its called corruption, bribe an entire nation and its called investment.
Sure it makes a bit of a mockery of our national defences to turn our military bases into ultra-luxury airports for the stupidly rich, but it isn’t like we're a particularly militant nation anyway – war has never really worked out well for us.
This on the other hand could. Just imagine the slogan "Come to sunny South Africa, where your green can buy a 22 carat gold wedding"

SO THE TRUTH WILL NOW GET YOU ARRESTED?

So after a radio discussion about Sunette Bridges  https://www.facebook.com/SunetteBridges?fref=ts and some things that have been said on her Facebook Page, we have been warned that if you call black people or the ANC “murderous bastards” you will be arrested!
Well I for one would like to know what I will be arrested for? For telling the truth? For reporting the facts? Well know this – the people or rather animals that are targeting white people and raping and torturing them are murderous scum!! And considering that they are black it is safe to assume that they are members of the ANC!! Do you think for one moment that threatening us with jail time will stop us from spreading the news about what is going on in South Africa? You will not silence us!! You can lock us up, torture us and let your hordes of savage criminals kill us. But know this you will never silence us!! Our spirit can not be broken by the likes of you!
Apparently you will be investigating all her facebook friends as well? Mwahahahahahahahaha – now that really is funny! Have you seen how many facebook friends we have? Your police force cant solve savage farm attacks but you are going to fill the prisons with facebook users? LoL! Go ahead and show the world how anti-white the law is and how inept the police department is. 
Killing whites wont get you locked up but speaking your mind on facebook will? Only in South Africa!! Why don’t you try and put an end to the racist murders of farmers and other white folks, hell, try and put an end to all murders, then maybe all these people crying foul on social networks will go away by themselves?
We all know you don’t have time for that, no you to busy trying to intimidate a bunch of people who want to live together without you outside Pretoria? Why do you think they built walls around themselves and don’t want to integrate? Because of all the murderous bastards out there that want to rape and kill them? Leave them be – they are not doing any harm what so ever! I don’t hear you complaining about the walls Mr.Zuma built around his “Nkandla” and I don’t see any white people being invited to live there, God knows there is enough space! It is a safety thing you say? To keep our president safe? So why does he get to be safe from the murderous bastards and the rest of us don’t? Instead of worrying about a bunch of white folks who want to live separate from a society that is drowning in violent crime, why not try something like solving our crime problems? So that people don’t have to feel that their only option is to remove themselves from our society.
Do us all a favor and stop worrying about our facebook pages and start putting an end to the free for all crime spree that has put an end to the so called rainbow nation…