Business Tech

Zuma may be right

By Staff WriterDecember 1, 201615 Comments

President Jacob Zuma may have a solid Constitutional case to challenge former Public Protector Thuli Madonsela’s instruction that he set up a judicial commission of inquiry into state capture.

This is according to Constitutional law expert, Pierre de Vos, who says that, in this case, the powers of the Public Protector as enshrined in the Constitution come in direct conflict with the powers of the president.

Madonsela’s report into allegations of state capture made no findings against those implicated within the report – including Zuma, the Gupta family and several ministers; however, it did contain a directive that the president set up a commission of inquiry, with an order the chief justice Mogoeng Mogoeng be in charge of establishing it.

However, president Zuma has since announced that he will take the report on review, saying that the entire report was unfair and had procedural issues. Pertinently, Zuma told Parliament that the Public Protector had no right to tell him what to do or how to do it.

And Constitutionally speaking, he may be right, de Vos says.

According to de Vos, case history in South Africa supports the president’s view, in that the Constitutional Court has previously ruled that the right to appoint a judicial commission of inquiry belongs solely to the president, and that this power cannot be abdicated, nor dictated.

“The Court held (in the case of the President of the Republic of South Africa and Others v South African Rugby Football Union and Others) that when the Constitution vests the power to appoint commissions of inquiry in the President, the President may not delegate that authority to a third party. The President himself must exercise the power,” de Vos said.

“This precedent suggests that the President will have a plausible case to have the remedial action set aside. It is therefore possible that a court…will find that the Public Protector unlawfully dictated to the President how to exercise his powers under section 84(2)(f) of the Constitution.”

However, this case is slightly more complicated than that, the legal expert noted.

Unprecedented case

While the president is Constitutionally empowered to be the only to be able to set up such commissions – the Public Protector is Constitutionally empowered to impose binding remedial action, even on the president.

De Vos said that there is tension between these two powers, and it could be argued that the president has already abided by an instruction from the Public Protector, dictating how he should use his powers (by reprimanding ministers, following the Nkandla ruling).

“If there are other provisions in the Constitution that allow another constitutional body (like a court or the Public Protector) to instruct the President to appoint a commission of inquiry and how to select the person chairing that commission, this would trump the requirement that the President cannot act under dictation,” he said.

“It is not easy to predict how the Constitutional Court will view the instruction by the Public Protector that the President should appoint a commission of inquiry to further investigate maladministration.

“The situation is rather unique and I cannot imagine that the drafters of the Constitution ever envisaged that it would arise,” de Vos said.

De Vos said that there was a clear prima facie evidence of severe maladministration, and possibly criminal activity – and that there was a conflict of interest in the president having power to establish the commission. However, it would be up to the Constitutional Court to strike a balance.

“Whatever happens, it is going to be fascinating to see where the Constitutional Court come out on this issue.”

Africa Biz says: having failed to make any finding against the President or others involved into 'State Capture' allegations, the former Public Protector Thuli Madonsela has misled the nation with the State of Capture report which makes assumptions and untested allegations against a sitting President. 

At best, Madonsela has been incompetent at carrying out her duties while she was the Public Protector. At worst, she is mischievous and driven by malicious intent to discredit President Jacob Zuma as had happened before with the Nkandla report. 

And the “leaking” to a news channel of an audiotape of an interview Madonsela had with Zuma during her “state capture” investigation.

Character assassination of President Zuma seems to be behind Madonsela's actions. With the end objective being that the ANC's National Executive Committee will finally turn against President Zuma and recall him.

Africa Biz sees no other reason for Madonsela to invest years of her work as the Public Protector and consistently manufacturing untested allegations against the President of the Republic.

Madonsela must be charged for any unconstitutional conduct on her part.

TimesLive

‘We knew that we could rely on Cuba’ – Zuma’s tribute to Castro

Tmg Digital | 30 November, 2016 10:33

Cuban President Raul Castro (L) and South Africa's President Jacob Zuma shake hands as they attend a massive tribute to Cuba's late President Fidel Castro in Revolution Square in Havana, Cuba, November 29, 2016.
Image by: CARLOS GARCIA RAWLINS / REUTERS

President Jacob Zuma this week travelled to Havana to attend the funeral of the late former president of Cuba‚ Fidel Castro‚ who passed away on November 25‚ aged 90.

Below is a transcript of the tribute Zuma gave at a mass memorial rally in the Plaza de la Revolucion in the Cuban capital on Tuesday:

The people and government of the Republic of South Africa learned with sadness of the passing of one of the greatest revolutionaries of our time and one of the greatest heroes of the 20th century‚ Comrade President Fidel Castro Ruz.

We join the progressive forces of the world in mourning and celebrating the life of this renowned internationalist and anti-imperialist‚ who selflessly supported the struggles of the oppressed and exploited. The passing of Comrade Fidel is a painful loss for the South African people.

He stood with us in solidarity‚ supporting our struggle including the international campaign to isolate the apartheid regime. We knew that we could rely on Cuba‚ a trusted friend and ally of the oppressed. Significantly‚ the deep and undying special relationship between Cuba and Africa was cemented by the blood of heroic Cuban soldiers who paid the supreme sacrifice for their belief in anti-imperialism‚ freedom and justice.

Cuba deployed close to half a million soldiers and officers in Africa‚ to support the struggles for national independence or against foreign aggression‚ over 30 years. In particular‚ Cuba's Angolan intervention stands out as the greatest example of international solidarity that changed the course of history.

Comrade Fidel deployed combat troops‚ military advisors and equipment to defend Angola from an invasion by the racist South African Defence Force which was backed by negative proxy local forces.

The mission was also to liberate Namibia and boost the liberation efforts in South Africa between 1987 and 1988. It was this engagement that led to the epic battle of Cuito Cuanavale in 1988‚ in which the Cubans forced the South African racist apartheid regime into a humiliating and devastating retreat. The historic defeat of the racist forces consolidated the victory of the MPLA in Angola and also laid the basis for Namibian independence in 1990‚ leading to South Africa's own liberation in 1994.

We salute Comrade Fidel for this selfless sacrifice. Cuba was not looking for gold‚ diamonds or oil in Africa.

The Cubans only wanted to see freedom and an end to the treatment of Africa as a playground of powerful nations while people suffered.

Addressing the South African parliament in 1998‚ Comrade Fidel said about the Cuban soldiers in Africa: "From the African land in which they worked and fought voluntarily and selflessly‚ they only took back to Cuba the remains of their fallen comrades and the honour of having fulfilled their duty. That is why we know and value the human qualities of Africa much more than those that for centuries colonised and exploited this continent”.

• Flags to be at half-mast in SA to mark Castro’s death

We also recall the words of our President Oliver Tambo at the meeting of the non-aligned countries here in Havana in 1979.

He said Africans had come to know the Cuban people "not merely by meeting them in their own country but because they live with us in Africa‚ they fight with us‚ they die with us‚ they fail and they win‚ with us. They have become part of the struggling people of our continent”. Most significantly‚ we will remember Comrade Fidel as a great fighter for the ideal that the poor have a right to live in dignity.

That is why the Cuban revolution was and still remains an inspiration to South Africa and the world on how to achieve a better life for the poor. Today Cuba has higher health standards than many developed countries. It has sent thousands of its doctors to many parts of the world. South Africa has gained many Cuban doctors in our hospitals and clinics‚ often in the most remote areas of our country.

In addition‚ many of our youth have qualified as medical practitioners in Cuba and many are continuing to study in this country.

Cuba had also opened the doors of its schools and universities for the education of many South Africans during our days in exile. President Mandela remarked in 1998 during President Fidel Castro's visit to South Africa that Cuba's achievements in delivering social services such as education and health were an inspiration. He said this conveyed a message to the developing world‚ that ignorance and disease were not "unalterable conditions of human life”.

We also admire Cuba's unique Cuban value system‚ which includes a deep sense of patriotism. This is something we want our youth to learn‚ as we build a new society based on human solidarity in our own country.

Excellencies‚ It is remarkable that Cuba has scored all these achievements in human development‚ despite facing one of the fiercest and unjust economic blockades on any country‚ by the United States of America. We will continue to support the efforts of lifting of the economic blockade of Cuba by the US.

We urge the United Nations to play its role in the resolution of this decades long impasse. Excellencies‚ Comrades and friends‚ Commander in Chief Fidel Castro attracted many enemies and survived hundreds of assassination attempts because of his unapologetic stance against imperialism. We must endeavour to take forward the ideals that he espoused - internationalism‚ freedom‚ equality‚ justice and a better and more just world.

We must strengthen the voice of the South and deepen collaboration within the Group of 77 and China‚ within the Non-Aligned Movement‚ and now also within BRICS. We extend our deepest condolences to the family‚ the government and the people of Cuba. Go well Comrade Fidel! You have run your race. You have fought a good fight. May your soul now rest in eternal peace.

Hamba kahle Comrade Fidel‚ Qhawe lamaqhawe!

I thank you.

- TMG Digital

APO

Social and Emotional Learning (SEL) software, The Social Express®, Touches Down in Africa

August 5, 2016

The Language Express, Inc. (USA) partners with Prognari to teach Social Emotional Intelligence Skills across Africa

SAN DIEGO, United States of America, August 5, 2016/APO/ —

• The Language Express, Inc. (USA) partners with Prognari to teach Social Emotional Intelligence Skills across Africa
• Collaboration, communication and problem-solving skills will help African students succeed in a quickly changing digital economy

The Language Express, Inc. (TheSocialExpress.com), developers of the Award winning programme, “The Social Express® today announced its partnership with Prognari (Prognari.com), an Africa-focused education value-add organization that seeks to develop social, emotional intelligence capabilities and life skills in children and young adults. This strategic partnership supports both companies’ objective of equipping the 21st century African child with the skills required to be successful in school and life.

The Social Express® is an animated Social and Emotional Learning (SEL) software designed to teach children and young adults how to think about and manage social interaction situations. It helps them develop meaningful social relationships and ultimately succeed in life.

Marc Zimmerman, CEO of The Language Express, Inc. while commenting on the partnership, said:

“We are excited to bring The Social Express to the African market. Through user testimonials, we have seen positive results in over 70 countries. Prognari will bring the knowledge, reach and expertise that we wanted in a strategic partner for Africa.”

Collaboration, communication and problem-solving skills will help African students succeed in a quickly changing digital economy

The World Economic Forum, in its March 2016 report titled, ‘New Vision for Education: Fostering Social and Emotional Learning through Technology,’ noted that “In order to thrive in the 21st century, students need more than traditional academic learning. They must be adept at collaboration, communication and problem-solving, which are some of the skills developed through SEL. Coupled with mastery of traditional skills, social and emotional proficiency will equip students to succeed in the swiftly evolving digital economy”.

Emmanuel Udoro, the Corporate Communications Director at Prognari said:

“Our overriding vision at Prognari, has always been to proactively equip African children and young adults for life in the 21st Century and beyond through experiential and targeted learning. Our partnership with The Language Express, Inc. moves us closer to achieving our objective and will see us taking The Social Express to the length and breadth of the African continent. The Social Express® is a digital and innovative learning program that aligns with the trend shifts in our digital world.”

The Social Express® (TheSocialExpressAfrica.com), which is accessed via the internet on mobile devices (currently available only on iPads) and desktop platforms, runs a series of interactive web episodes (webisodes) and mobile apps that can be used by the learner independently, or with a teacher in a group.

To see a preview of The Social Express® programme, click here. (bit.ly/2aUkycc)

In addition to equipping children with SEL abilities, Prognari is working with The Language Express to reduce the incidence of bullying in schools through the Cool School (bit.ly/2aUknxB) programme. Cool School is an interactive and animated anti-bullying programme designed for elementary school learners; Cool School’s six week curriculum has been designed to teach young students about bullying through interactive videos and offline activities. The program also addresses bystander behavior and how it can contribute to and increase bullying within the school environment.

To see a preview of the Cool School programme, click here. (bit.ly/2aUknxB)

News24

Castro dedicated his life to freeing the oppressed - Zuma

2016-11-26 09:42

Jenni Evans, News24

President Jacob Zuma. (AFP)

Related Links

• 'History will absolve me' - The life and times of Fidel Castro
• Fidel Castro dies, aged 90
• 'I am not interested in power' - Quotes from Fidel Castro

Cape Town - Fidel Castro identified with and helped South Africa in the struggle against apartheid, President Jacob Zuma said in a message of condolences on Saturday after the Cuban liberation hero's death.

''The President of the Republic of South Africa, His Excellency Jacob Zuma, has on behalf of the Government and the people of South Africa, conveyed a message of condolences to the government and the people of Cuba, following the passing on of former President Fidel Castro,'' a statement said.

Zuma said Castro, who died aged 90 on Friday, led the Cuban revolution and dedicated his entire life not only to Cuban freedom and sovereignty, but also the freedom of other oppressed people around the world.

''He inspired the Cuban people to join us in our own struggle against apartheid. The Cuban people, under the leadership and command of

President Castro, joined us in our struggle against apartheid," he said.

The two countries formed a strong bond of friendship after South Africa's own liberation in 1994.

"As a way of paying homage to the memory of President Castro, the strong bonds of solidarity, cooperation and friendship that exist between

South Africa and Cuba must be maintained and nurtured."

Earlier, International Relations spokesperson Clayson Monyela said Zuma had called Castro's brother Raul after the ''devastating'' news to personally offer South Africa's condolences.

''We are standing with the people of Cuba at this difficult time,'' said Monyela.

The Presidency

Address by His Excellency, President Jacob Zuma, on the Occasion of the World Trade Unions Congress, Inkosi Albert Luthuli ICC, Durban

05 October 2016

The President of the Federation of Trade Unions Shabban Azzouz,

General Secretary, Mr George Mavrikos and all leadership,

President of COSATU, Comrade Sdumo Dlamini and Leadership of the COSATU affiliates,

Distinguished delegates,

Special guests,

We wish to extend a warm welcome to South Africa to all international delegates.

I trust that you have experienced the hospitality and warmth of our people since you landed on our shores.

We appreciate the fact that you are holding this congress in South Africa for the first time.  We were happy to host you in 2012 as well on the occasion of the meeting of your Presidential Council.

Your presence is significant because the history of the South African struggle against apartheid and the WFTU is a rich and memorable one. You joined the forces of change by mounting magnificent solidarity during our struggle for liberation.

Even before the United Nations formally condemned apartheid in South Africa in 1962, the WFTU was already in the trenches with us.

The Federation became a shelter and home for many of our comrades, especially from the South African Congress of Trade Unions, SACTU.

South Africans were made to feel so much at home in your organisation that one of our own, Comrade Moses Mabhida, even assumed the leadership position in the WFTU at some point.

Comrades and compatriots,

Your choice to host your conference in our country, during this month is also very significant for us because it coincides with our celebrations of the life and legacy of former ANC President, Comrade Oliver Tambo whom we view as an embodiment of international solidarity.

President Tambo’s efforts to galvanise support for the anti-apartheid struggle and to achieve the isolation of the apartheid regime in the international platform is acknowledged world-wide.

His contribution is so noteworthy in this regard to the extent that in the national orders, the highest honour bestowed by our government to eminent foreign nationals for friendship shown to South Africa is named the Companions of OR Tambo.

Your theme for this conference is “Struggle, Internationalism and unity for the attainment of the contemporary workers needs, against poverty and wars generated by capitalist barbarism”.

At this stage, it is a well-known fact that power concedes nothing without struggle.

As the philosopher and the revolutionary socialist Karl Marx once instructed, “Workers of the world unite. You have nothing to lose but your chains”.

Workers thus face an on-going struggle globally to respond to the crisis of global capitalism.

It is said that South Africa’s successful struggle for freedom and democracy is one of the most dramatic stories of the late 20th century.

We had a successful transition to a free and democratic South Africa and began the second struggle of achieving the socio-economic freedom of our people.

One of the notable achievements has been the development and adoption of a Constitution that enshrines worker rights as well as progressive legislation which promotes worker rights. This did not come about by accident.

It is due to the contribution of the trade union movement and leaders to the struggle for freedom and in shaping the outcome of that struggle.

Esteemed delegates,

This congress takes place during a difficult period in the global economy.

The global economic environment remains sluggish. According to the International Monetary Fund global growth is estimated at 2.9 per cent in the first half of 2016, lower than in the second half of 2015. Advanced economies are growing at slower pace than previously anticipated.

Global industrial production and global trade remain subdued. Falling investment in many economies have reduced trade and have affected workers negatively throughout the world.

Some countries have increased protectionist policies, benefitting workers in some of their industries but affecting workers negatively in other countries. 

The recovery in the global economy remains uncertain.

This sluggish and uncertain recovery threatens the creation of jobs and the living standards of all workers.

Negative economic shocks such as the recent vote by the UK to leave the European Union or the instability in the Middle East prevent the global recovery from taking momentum.

The rebalancing of growth in China is providing long-term opportunities for industries but it is also threatening jobs through its impact on trade and on commodity prices.

The pressure on the global economy also has an impact on the social dynamics in many countries.

The pressures have led to increases in migration as people search for better opportunities outside their own countries. We have seen painful scenes of people drowning in harsh seas in the Mediterranean, escaping poverty or conflicts in North Africa or Syria. Most are workers, fleeing their home countries in search of a better life. Indeed, we live in difficult times.

In wealthier countries, the migration crisis has in turn led to increased xenophobia and anti-immigrant sentiment. The BREXIT vote in the UK, the political climates in many European countries and the rhetoric about building walls in the United States, are all examples of this.

The sluggish global environment has also had a negative impact also on our own domestic economy.

While we have limited control over what other countries do and how they affect the global economy, we have control over our economic environment.

Managing the domestic environment is the responsibility not only of government. It is also the responsibility of labour and business.

And indeed we are working together to reignite growth so that we can save existing jobs and create new ones. We are working hard to boost the performance of sectors such as mining, agriculture, infrastructure and manufacturing amongst others, in order to save and create jobs.

If we get one per cent growth next year as envisaged, this will create over eighty thousand jobs. Three per cent economic growth can create over three hundred thousand jobs.

Ultimately, we want to raise the level of growth to the five per cent stated in our National Development Plan in years to come.

Solutions are being sought globally as well.

During the recent G20 Summit held in China, the Chinese hosts with South African support, proposed a new path for growth in the global economy.

This includes macro-economic policies that create jobs, address unemployment, improve people’s employability and promote decent work. These are policies that will reduce inequality which poses a serious economic challenge.

This congress will no doubt look at various other progressive economic interventions aimed at improving the position of workers in the depressed global economy.

The fact that you are meeting in Africa, provides an opportune moment for the trade union movement to reflect more vigorously on the impact of the global crisis of capitalism on the African working class and engage further to find solutions.

This is also a very critical time for us to work together to close the gap that has divided people between the rich and the poor and which has divided countries between big and small economies.

It is not an exaggeration to say that global inequality and economic exclusion have become a serious threat to global peace, stability and economic development.

All possible solutions must be found to close the gap, and to do so, requires resources. We therefore wish to voice our serious concerns about the loss of resources of the continent through illicit financial flows.

The Joint African Union and UN Economic Commission for Africa’s High-level Panel on Illicit Financial Flows from Africa estimates that illicit flows from Africa could be about 50 billion dollars per annum.

Illicit financial flows deprive developing countries of the much-needed economic resources to uplift their economies and people. We lose money that we could be using to develop infrastructure and provide basic services such as education and health care.

We urge the world trade union leaders and representatives gathered here to treat this problem with the seriousness and urgency that it deserves.

We urge the international labour movement to add its voice to the call for action to be taken to arrest this serious challenge globally.

Esteemed delegates,

The current global economic difficulty requires maximum unity of workers.

Workers must unite to respond effectively to the challenge of unemployment, inequality and poverty in the world especially in Africa.

United global action will yield results.

Once again, we extend a warm welcome to you all.

I wish you well with the congress.

I thank you.

The Presidency

How YOU Can Help Cure Poverty Around The World - Over 3 Billion People Live on Less than $2.50 a Day!

Les Brown here, Today is one of my favorite days. You know, we go an entire year facing life. We face challenges every day in almost every area of our life… - Relationship issues. - Problems at work… - Paying the bills. - Losing a loved one… - etc… Life has a way of taking it out of us, doesn’t it? Yet, look around. Just look at yourself today. You’re reading this very Email either on a computer with a connection to the INTERNET or you’re reading this Email on a SMART phone. Think about the age we live in and the access we have. I’m grateful for all this. Today, I want to implore you (even if you don’t live in the United States) to take a moment to really consider all the things in your life that you are grateful and thankful for. Really, take a moment to acknowledge them! For me… I’m thankful for… - My amazing family (my children, my grand-children)   They give me the strength to go on… - My students (YOU)   Every day I wake up and think of you! - The lessons I’ve learned in my life…    I’ve been through so much - but it all helped shape me into who I am today! I could seriously go on and on, there is just too much greatness all around us for us to not ENJOY Thanksgiving and take in just how amazing we are and everything around us is… Lastly, I want to ask you for a favor… If you’re reading this Email, I can assure you, you’re already ahead of 40% of our World. Yes, 40%. Over 40% of the World today lives on less than $2.50 a DAY. One of my students and great friends, Anik Singal did an amazing Talk. He shows us just how we can actually CURE poverty. It was a riveting talk and has truly changed me at the CORE. Today, on this great day of Thanksgiving, please take a few minutes to watch his TEDx Talk. You’ll love it (it may even change your life). VIDEO: How YOU Can Help Cure Poverty Around The World - Over 3 Billion People Live on Less than $2.50 a Day! Happy thanksgiving everyone & remember, you have something special, you have greatness within you! Les Brown