Category: #zapeople

Lawyer and activist advocate Tembeka Ngcukaitobi says the government has continued to send out what he terms mixed and confusing messages in the way it plans to implement its land reform programme.

At the weekend government laid out conditions under which land would be expropriated without compensation.

It says a new Bill submitted to Parliament will pass constitutional muster and reassure investors who are concerned about property rights.

Government says its aim is to enact legislation that would facilitate the confiscation of land without reimbursement in cases which it is unused, abandoned or poses a safety risk.

Ngcukaitobi explains why he thinks the government’s decisions lack clarity.

“On the one hand the government says that the Constitution does not make provision for the expropriation of land without compensation and therefore it’s necessary to amend the constitution to make that possible. On the other hand, they accept that the Constitution permits expropriation without compensation and that is why they wanted the Expropriation Act.”

The video below is Adv Ngcukaitobi’s interview on Morning Live:

“The reason is lack of policy co-ordination within the state and I use the state in broad terms because I’m quite aware that the process of amending the Constitution is being undertaken by Parliament and not by the executive,” explains Ngcukaitobi.

The suggested Expropriation Bill of 2020 has been gazetted and submitted to Parliament for consideration.

A member of the Inter-ministerial Committee on Land Reform, Public Works and Infrastructure Minister, Patricia de Lille, says South Africans will have an opportunity to participate as Parliament considers, debates and consults on the Bill.

“The Constitution provides that compensation for expropriation must be “just and equitable” having regard to all relevant circumstances. the bill outlines circumstances when it may be just and equitable for nil compensation to be paid. She added it does not prescribe that nil compensation will be paid in these circumstances. The Bill provides that the amount of compensation will be determined by the courts.”

Tensions in rural areas

Earlier, Agriculture, Land Reform and Rural Development Minister, Thoko Didiza, announced that a task team will be set up to investigate growing tensions in rural areas, saying the Interministerial Committee on Land Reform is concerned about the violent crimes taking place in South Africa’s rural areas and the impact it has on the agricultural sector.

“The issue that the IMC resolved on the task team is because beyond just ordinary crimes. In the meeting that Minister Bheki Cele had in New Castle area where there was an imbizo that included farm workers, farmers, communities, some of the issues that was raised as matters that increase tension among those communities related to land issues and stock being kept.”

Part 2 of Adv Ngcukaitobi’s interview on Morning Live:

-Additional reporting by Liela Magnus

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A witness broke down in tears at the North West High Court, when relating the incidents that led to the death of his police colleagues, three days before the 2012 Marikana massacre. Abraham Masinya, who was a video operator for the Public Order Police Unit related to the court the incidents that led to the hacking of his colleagues Sello Lepaku and Tsietsi Monene.

Three mineworkers were also killed in those squabbles that broke out between police and striking Lonmin employees near the mine’s Karee Shaft.

Masinya says warrant officers Monene and Lepaku were hacked to death with pangas and spears in Marikana.

Warrant officer Solomon Baloyi who got injured in the process was air-lifted to hospital as he sustained serious stab wounds during the killings.

All in all, five people were killed on that fateful day. The mineworkers had just had a heated argument with the police, led by the former North West Deputy Police Commissioner, William Mpembe.

Mpembe at that time was pleading with the striking Lonmin mineworkers to hand over the weapons they were carrying. The striking mineworkers said then, that they had the weapons for self defence.

In court, Masinya said he could not record all the events of that day. Masinya who was based at the public order police unit in Rustenburg during the killings said his video camera had stopped recording as he could not stand and watch his colleagues being killed in that manner.

The trial continues on Wednesday, with Masinya expected to be cross-examined by the defence lawyers. Mpembe and his five co-accused are facing the murder, attempted murder, and defeating the ends of justice charges.

The state argues that Mpembe gave instruction that police fire stun grenades and teargas to disperse the striking mineworkers on that day, leading to the clashes.

It has been 8 years since the massacre:

Author: Sylvester Serame

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Farmers in the Eastern Free State say they lose over a million rand a month due to stock theft. This was raised during their meeting with Police Minister Bheki Cele and State Security Minister, Ayanda Dlodlo, today.

The meeting was an attempt to quell tensions in the area following a violent protest that erupted in Senekal last week after two men made a brief appearance for the murder of 21-year-old farm manager Brendin Horner. The Ministers also visited Horner’s family.

The farming community has pleaded with ministers to make crimes against the community a priority. Chairperson of Rural Safety in the Eastern Free State, Herkie Viljoen says for years the farming community has been asking for assistance from government.

“We lose about R1.5 million per month due to stock theft. We have been struggling for a long time regarding this. We have been begging for help but we got nowhere. We are appreciate that the minister was here today I think he heard it is unfortunate that this come only after a young man’s life was lost.”

Grain SA’s representative in Paul Roux, Fanie Mashinini, says farmers have suffered a lot.

“We are struggling; there have been too much criminal activities in the farms. We just want justice to be served.”

Horner’s killers will face the music

Addressing the farm community, the Ministers stressed that those responsible for Horner’s murder will be brought to book.

Minister Dlodlo says the matter will be handled by the crime prevention and security cluster.

“We visited the family and we told them we will make sure that all is done to address this issue at hand.”

Minister Cele raised concerning over the fact that the two men accused of Horner’s murder have previously been arrested 16 and two times respectively for stock theft.

The farming community has on the other hand given Minister Cele three weeks to address farm attacks and stock theft in the area.

Meanwhile, 51-year-old Andre Pienaar who was arrested a group of demonstrators stormed the court building when the suspects in Horner’s murder appeared in court, has been remanded in custody until November 20.

He is facing charges of attempted murder, malicious damage to property and public violence.

SABC News’ Aphumelele Mdlalane elaborates on the case and the Ministers’ visit:

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Former Eskom Board Chairperson Ben Ngubane has conceded that some of the instructions carried out by the board could have been from the Gupta-linked, Sallim Essa.

This contradicted his earlier version to the State Capture Commission that the email instruction to terminate media house contracts came from the Public Enterprises Director-General Richard Seleke.

He was forced to change tact when the commission’s evidence leader, Pule Seleka, pointed out that Seleke had not been appointed to the position at the time.

“At least on the evidence we have, in so far as you say the businessman you were communicating with here was Mr. Richard Seleke … on the evidence we have, it cannot be,” pointed out the evidence leader.

“But I have conceded that,” said Ngubane.

“If indeed it was to be found that it was Mr. Sallim Essa that would reflect that he expected you to go along with what was written in that email,” said Deputy Chief Justice Zondo.

Former Eskom Board Chairperson Ben Ngubane’s testimony:

Removal of former board chairperson Zola Tsotsi

The commission heard how external parties influenced the appointment and removal of some executives at Eskom. However, Ngubane told the commission that the removal of his predecessor Zola Tsotsi was for business and operational reasons.

Seleka questioned Ngubane on why certain individuals outside, particularly Gupta-linked individuals were privy to decisions of the board before they could be announced.

Ngubane resigned as Eskom board chair in 2017 when it emerged that his passport had been found among the Gupta leaks, with travel arrangements dating back to 2013.

When he appeared before the commission previously, Ngubane admitted that he was planning to start a gas business with Gupta associate Salim Essa in the Central African Republic, but it fell through when South African soldiers deployed there were killed.

The proceedings continue at the commission:

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A school providing education to a special group of children in Makhanda, in the Eastern Cape, is still holding out hope to secure proper infrastructure.

The Amasango Career School, one of three similar schools in the province, caters for street children, children who are victims of abuse or have been abandoned by their parents. The school operates from six shipping containers supplied by the Eastern Cape Department of Education after a 2010 court ruling that it must build a proper school.

Part of the court order was to supply temporary structures. However, a new school is yet to be built.

For the majority of pupils, Amasango Career school is not just a school, but a haven. The school keeps them away from the streets and drug abuse. It caters to 106 learners who have developed extreme barriers to learning due to pyscho-social factors, such as extreme poverty, neglect and abuse.

In 2010, a court order was granted against the Department of Education directing them to provide temporary school structures, ahead of building a permanent structure. They also promised to build the permanent structure before the end of 2010. However, two weeks later the department objected the court order saying their legal team was not authorised to enter into that agreement.

Learners still use shipping containers as classrooms.

Pupils at the school say they need a better school urgently.

The school is situated in an old railway station, despite it not working it has become a hideout for criminals. The dirt around the buildings is also a health hazard.

Lulama Singaphi, whose grandson attends the school, says something must be done to make schooling conducive for pupils.

“When my grandson and I speak he always says that he wishes that his school could be like the other schools, where they can have playing fields and be able to train at school like other pupils, ‘so that when we go and play against other schools we have practiced enough on our fields.’ He always says, ‘mom, I wish we could just get better playing fields, especially for us who love soccer.’”

Because of the academic challenges for some learners at the school, an occupational technical curriculum has been created. There is a class for pottery, where beautiful pieces have been done and some sold for fundraising purposes. There is also a craft side, where the learners have created gorgeous African traditional pieces, from necklaces to bracelets and even aprons.

School Principal Linda Ngamlana says space to accommodate more learners is a challenge.

“It will improve the results at the school and our efforts to make the students succeed because if we can have a proper school building, that building will cater for the skills side, occupational technical curriculum, because we will expand that. Even at the moment, we do have equipment for a salon, but we don’t (have) a classroom to put those. We have not started that one. So, the beadwork, the sowing and craftwork, we are doing that in one building and then pottery in another building. So, we really have limited space. So, as soon as we can get a proper structure, a proper school building, then we will be able to cater for such children who cannot access the normal curriculum.”

Cameron Mc Chonnachie, from the legal resource centre representing the school, says although a plot has been identified to build the school, getting Human Settlement to spur the land to Public Works remains a challenge.

“More recently, it looks like there is no other option, but to again approach the court, to direct that the department to fulfill their obligation. The Department of Human Settlement is not party to the original court proceedings. So, it’s probably necessary for us to join them in the next round of litigation. Obviously, we would really like to avoid going back to court to enforce something, which is such a clear breach of the children’s rights to education and to learn in an environment with dignity. We are hoping that the Department of Education will come to their senses and make the land available.”

Eastern Cape Department of Education Spokesperson Loyiso Pulumani says they are attending to the matter.

“The CMC office in Makhanda has had a meeting with the SB and local community and they are trying to work as speedily as possible to find a solution to this matter, so that indeed the land can be transferred formally to the school so that we can take it from there.”

Learners and teachers at the school are hopeful that the 10-year battle for basic human rights, will come to an end.

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