COSATU Media Monitor, 24 November 2009

South Africa’s National Union of Mineworkers (NUM) on Monday criticised Rustenburg platinum mine workers for staging a sit-in that injured three police officers.

"The NUM has repeatedly encouraged those workers to return to work prior to their unprotected strike action," it said in a statement.

"They however vowed to continue with the action even though a settlement agreement was reached and the majority had accepted it."

On Thursday evening, three former employees of mining contractor Murray and Roberts staged a sit-in at the central shaft of the Aquarius Platinum Mine in Kroondal, outside Rustenburg.

They were protesting their dismissal from the company after an illegal strike a few weeks ago. Police arrested the three miners, after which 32 former employees forced their way down the mine, police spokesman Senior Superintendent Musa Zondi said.

The ex-workers then planted home-made bombs.

"Two Task Force members as well as a member from the provincial explosives unit in the North West were injured by the shrapnel when the booby traps went off," Zondi said.

Police arrested more than 30 people on charges ranging from attempted murder, illegal possession of explosives, malicious damage to property, trespassing and assault.

The NUM said it initially negotiated with the employer on behalf of the workers.

"The NUM further re-negotiated with the employer after their second dismissal and got a reinstatement, after which they later went on another illegal strike and were then finally dismissed.

"The National Union of Mineworkers is an organisation for disciplined cadres and a progressive force involved in the genuine fight for workers rights.

"We therefore call on the law enforcement agencies to ensure that... no-one disguises criminal activity as labour matters.

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1.2 Numsa man new mayor

Zukile Majova, Sowetan, 24 November 2009

Trade unionists and communists in the ruling tripartite alliance are celebrating the appointment of Numsa’s Eastern Cape regional secretary, Zanoxolo Wayile, as mayor of the Nelson Mandela municipality.

Yesterday, Numsa said Wayile’s appointment marked “the significant and important role trade unionists and communists continue to play in building a strong, united, vibrant and focused ANC- led alliance”.

The union appointed Mphumzi Maqungu as the new regional secretary in the province.

2. South Africa

2.1 Who will run the NPA?

By Stephen Grootes, Eye Witness News, 24 November 2009

Now that Vusi Pikoli has pocketed his R7.5 million and is out of the picture, President Jacob Zuma has a free hand to appoint a new National Director of Public Prosecutions (NDPP). The constitution is pretty clear on this and also on what that person should be: The head of the NPA must be a “fit and proper person” and “able to appear in any court in the Republic”. In other words, he or she, must be an advocate. We take a look at some of the possible candidates.

Mokotedi Mpshe

Mpshe has been the acting National Prosecutions boss for more than two years. Technically, he’s one of the deputy NDPPs. He’s shown both strength and weakness. It was he who, during the Polokwane Conference, told Talk Radio 702 that he believed he had a winnable case against newly-elected ANC leader Zuma. He was on Christmas leave when he allowed Leonard McCarthy to formally charge Zuma. But as the political winds changed, he rolled over and withdrew the charges against the advice of the prosecuting team. During his time at the top, he’s made a few bad political mistakes. Coming on radio and answering questions was one of them. First, deciding to charge, and then deciding to withdraw those charges is evidence of a man who’s mind is easily swayed. Mpshe has told journalists, off the record, that he finds the job tough going (who wouldn’t have in that climate?), and may be wanting to get out. It’s possible he’d turn down a permanent appointment.

What’s in it for Zuma? Mpshe’s been manipulated before, he’d be easy to manipulate again.

Against: He’s unpredictable, and likes the spotlight a bit too much. He could be difficult to trust.

Willie Hofmeyr

Hofmeyr has been around the block many times. He was part of the ANC’s team that helped draw up the Constitution, and has been a part of the NPA for years. He started and ran the Assets Forfeiture Unit (AFU) for years. Hofmeyr was a major part of the NPA’s decision-making process in withdrawing the charges against Zuma (we’ve always had a suspicion he could have been part of the leaks). He was closely involved in the prosecution of Shaik, and the investigation into Zuma, and has ensured the AFU has had more than its fair show of media attention.

What’s in it for Zuma? An old ANC man. Could be trusted in many quarters as a result.

Against: Too tied to the problems at the NPA. Plays politics. Part of the old guard which would make it difficult to move the agency on.

Ngoako Ramathlodi

Currently the head of the National Assembly’s justice portfolio committee and formerly Limpopo premier. Ramathlodi was recently admitted as an advocate, leading to suspicions he was on the inside-track for the post. He fought a long-running battle against the NPA after it said it was investigating him on corruption claims. As part of the admittance process, the NPA eventually agreed not to prosecute him. Ramathlodi is the nightmare candidate. He tried to protect Judge John Hlophe during the Judicial Service Commission’s Constitutional Court hearings. He backs Zuma to the hilt, having attended his court hearings. Ramathlodi is a party man through and through, and could do what he thinks is in the interests of the ANC, even if that’s not really what Zuma wants.

What’s in it for Zuma? Party man, strong supporter.

Against: There would be a public outcry, and he may have done enough dodgy things to run afoul of the Constitution’s “fit and proper person” provision. He’d probably survive a court challenge, but Zille may think it’s worth a try.

Muzi Mkhize

A Durban-based advocate who acted for Zuma in a peripheral role during his legal battles. His name came from nowhere to the ranks of speculation on this (that’s a journalist’s way of saying, a rival publication says it’s going to be him, although we don’t really know why). But he has a few skeletons. He was involved in the Land Bank scandal, and was found guilty by the KZN Bar of misconduct. It’s a minor offence, but it does remove the golden sheen. He’s acted as a judge, which could remove any claim that he’s not a “fit and proper person”.

What’s in it for Zuma? No real political support base, so would be reliant on him. Zuma clearly trusts him

Against: No real experience of the national stage. May be seen as too close to Zuma.

The old retired judge

This person would likely have a long history of independence. Someone who retired recently and thus has a good understanding of the current constitutional dispensation. Also, someone who can withstand any kind of political pressure, someone who’s had experience of that. This person is likely to be fairly wise to the ways of the world and not tied to anything that’s happened in the last few years. This choice would allow the NPA to move on, led by someone most people would respect.

What’s in it for Zuma? Almost universal praise, from anyone who worries about what happens at the NPA. A chance for the country’s justice system to move on.

Against: If there’s anything Mbeki taught us, it’s don’t have an independent prosecutions boss - he could end up charging your friend.

The unknown outsider

Someone who’s currently practicing as an advocate. Perhaps studied at Fort Hare, the ANC’s nursery, and had some role in the Struggle. Preferably at least had a stint as an acting judge. Not linked to what’s happened in the justice system. Would allow the NPA to move on, and could have a free hand in making some changes.

What’s in it for Zuma? An unknown is difficult to criticise. Would prove that things are moving on. It’s also unlikely that such a person would make any attempt to grab the spotlight or do anything unexpected.

Against: If not checked out properly, could prove to be worryingly independent.

Our best guess: The unknown outsider.

It’s claimed Zuma is leaning that way. Also, it’s the easiest way out of his dilemma. It would be an appointment that no one could really criticise. Zuma’s always said he wants to fix the justice system. This would be an easy way of doing it.

But one thing we know for certain:

If it’s Ramathlodi, it would be a reasonably good moment to panic.

2.2 Ridiculed for saying it the way it is now

Zukile Majova, Sowetan, 24 November 2009

Government hits out at intellectuals when they criticise it

UNIVERSITY of Free State vice-chancellor and principal Jonathan Jansen has blamed the ANC government for the withdrawal of university-based intellectuals from national dialogue.

Writing in the book Poverty of Ideas by William Gumede and Leslie Dikeni, Jansen says though the new rulers encourage debate, there have been notable incidents in which they have intimidated intellectuals who opposed their views.

The timely book comes in the era of public ridicule of intellectuals who are seen to be opposed to ill- informed decisions by the state.

An era in which public dialogue is dominated by the diatribe of the ANC Youth League and its president Julius Malema who is not ashamed to wag a finger at those who disagree with the ruling clique.

In recent times, accomplished campaigners for civil liberties and respected critics such as Archbishop Desmond Tutu have suffered the wrath of the ANC and various youth groups aligned to it.

The rot set in when Congress of South African Students demanded that Tutu provide his sexual history before speaking as an expert on Jacob Zuma’s sexual behaviour. This was in defence of Zuma’ s weak moment of having sex with an HIV- positive woman without a condom.

Its leader, Kenny Motshegoa, called Tutu an “empty populist who just utters statements to score minor political points, not caring whether they are disgraceful to his offices. We are now not sure of his mental status as it leaves much to taste”.

“Does Tutu think he is higher than the court that cleared Zuma, or does he think he has a better moral base than others?” Motshegoa asked.

Or consider that, for more than five years now, Unisa vice-chancellor Barney Pityana has endured political abuse from Luthuli House for questioning some of Zuma’s decisions. Last April,former ANCYL president Fikile Mbalula said Pityana was making a “clown of himself by his overzealous confusion and comical postulations about the ANC president and its leadership”.

Pityana had said: “To many of us, Jacob Zuma, popularly elected ... remains a flawed character in his moral conduct; he has been indicted for serious crimes that involve corruption and dishonesty.”

ANC general secretary Gwede Mantashe was also quoted as describing Pityana’s statements as “spurious” and a reflection of his “intellectual bankruptcy”.

Since then the SACP ’s youth wing, the Young Communist League, has campaigned for his removal as Unisa vice-chancellor.

In his think-piece, Jansen says the subtlety of government’s attempt to whip intellectuals into line was only evident when government blocks funding to research projects run by intellectuals who refuse to toe the line. He suggests the censure of such intellectuals is “often much more subtle and in many ways much more effective than the direct and oppressive silencing of the intellectuals”.

“Firstly, university-based intellectuals find that their access to certain kinds of research resources quickly dries up if they are seen working outside the political will of the powerful in government. Much of the large research funding flowing into South Africa requires government approval, such as the very lucrative funding for health research in general and HIV-Aids research in particular.

“It is the approval process that work to fund cooperative institutions and marginalise the critics.”

Jansen says that in its quest to send the message to dissenters,

government was even prepared to contract foreign brains to do work that could be done by local experts .

“Secondly, university-based intellectuals will also find that their expertise is ignored in government commissions and expert panels. This is an effective way of sending a message of disapproval, and it not only robs the country of high-level local expertise, but also means that large numbers of external consultants, often from rich countries, are brought in to do what could have been done locally. Because our young democracy still finds it difficult to reconcile criticality from loyalty, South Africa pays a heavy price for such small-mindedness when it could otherwise be enriched by the multiplicity of voices on any subject,” he says.

Jansen fingers government sensitivity as the main reason for credible, respected academics not to avail themselves for leadership positions in universities resulting in party loyalists with struggle credentials being appointed as vice-chancellors.

“Thirdly, university-based intellectuals will also find themselves disqualified from seeking senior positions within the academy, not because of their managerial or leadership capacities or because of their academic credibility, but because their public profile is interpreted as negative, as something that runs counter to the managerialist ethos and political sensitivities of the post-apartheid university. It is for this reason that university vice-chancellors are increasingly non-academics and more likely to be senior civil servants, heads of statutory bodies or low-profile, unremarkable academics who are unlikely to ask tough questions about the relationship between the state and institutions.

“They are unlikely to lead the academic and research community with any credibility, but at least their political credentials are intact. No more than a dozen intellectuals are prepared to challenge the view of the government or the ANC today; even they are labeled as “irritants, as unreasonable, as having one or other personal or political agenda.

“And so public intellectuals within or outside universities in South Africa are forced to make a cost-benefit analysis: do they speak truth to power and thereby run the risk not only of the ridicule of the powerful, but also of the marginalisation of their expertise within a developing context.”

The country needs the input of intellectuals on the role and mandate of the Reserve Bank, the value of the local currency, the policy of inflation targeting, the National Planning Commission, the call for the nationalisation of mines and the depleting energy resources and the R385billion expansion programme at Eskom.

So far, the real brains of the land are watching from a distance and not adding value to these and more debates in our country.

 The Poverty of Ideas – South African Democracy and the retreat of intellectuals. Publishers – Jacana Media

2.3 Behind ANC battle lines

Business iafrica.com, 24 November 2009

The dangerously fractious nature of the ruling alliance led by the African National Congress (ANC) has amply been demonstrated since Jacob Zuma became president. Recent events around Eskom were but one — if not the most graphic — example of a recurring theme.

Diverse issues — often unconnected in content and significance — have at various times caused serious tensions in the alliance, constantly shuffling around the different stakeholders in a political game of musical chairs, threatening to pull the alliance apart and deliver the Zuma administration into the realm of ungovernability.

Only the other day, the ANC Youth League (ANCYL), the South African Communist Party (SACP), and the Congress of South African Trade Unions (Cosatu) pooled their resources and energy to assist the majority in the ANC to oust former president Thabo Mbeki and install Zuma in his place. All three felt marginalised by Mbeki for varying reasons, and to varying degrees. After that point, there apparently was unity.

But then, over an issue such as the debate to nationalise South Africa's mines, the ANCYL, SACP and Cosatu banded together, opposed by the ANC and the government and even one of Cosatu’s own unions, the National Union of Mineworkers (Num).

Not enough "Africans" in the economic cluster

Some cynics in the alliance will justify this by calling it "robust debate" and a "democratic culture of allowing different views". But recently, several 'debates' have gone sour and much beyond that point, producing uncomfortable schisms.

Shortly afterwards, however, Cosatu and the ANCYL were at loggerheads over comments from ANCYL leaders who complained there were not enough "Africans" appointed to head economic cluster ministries.

Cosatu countered by saying it was quite happy with the appointment of Ebrahim Patel (Economic Development) and Rob Davies (Trade and Industry) — both left-wingers — as well as those of Gill Marcus (Reserve Bank Governor), Pravin Gordhan (Finance) and Barbara Hogan (Public Enterprises); none of them "Africans" (another of South Africa's divisive, problematic and confusing race classifying terms).

For Cosatu and the SACP, the race of ministerial appointees mattered less than that they be "the right people" — in other words, leftists such as Patel and Davies who would further the socialist agenda.

ANC, alliance pulling in different directions

Nonetheless, another clear demonstration of the various factions in the government, the ANC and the broader alliance pulling in different directions, came with the release of a national planning Green Paper by National Planning Minister Trevor Manuel.

The issue divided the ANC and different Cabinet ministers, with some playing for both audiences, others siding with one or the other faction, and with President Zuma remaining mostly silently unseen somewhere in the middle.

Then along comes the issue of the resignation of Eskom's chief executive officer Jacob Maroga, with the ANCYL and the Black Management Forum (BMF) claiming there was no resignation and blaming it all on "the racist" Bobby Godsell, Eskom's now-resigned chairperson.

All of which caused Cosatu, the ANC, the Num, Business Leadership SA (BLSA), the Institute of Directors and others — from widely diverse political and ideological corners — to jump to Godsell’s defence, insisting he was no racist, and lashing out at the ANCYL and the BMF.

2.4 Malema ignores 'alliance ceasefire'

IOL, 24 November 2009

The Young Communist League of South Africa (YCLSA) wants to talk to the ANC Youth League about its president Julius Malema's insults about SACP general secretary Jeremy Cronin.

It was "disgusted" at the insults, YCLSA spokesperson Gugu Ndima said.

They followed Cronin's publishing an article criticising Malema's call to nationalise mines.

In hitting back at Cronin, who is also deputy minister of transport, Malema said the ANCYL did not "need the permission of white political messiahs to think".

'We view the labelling of Cronin as a 'white messiah' not only as racist'

Ndima said: "The YCLSA believes that Malema has sunk to the lowest ebb of being racist and hurling insults, instead of engaging with profound debates that Cronin was raising.

"We view the labelling of Cronin as a 'white messiah' not only as racist, but as an insult to the principle and ideology of the national liberation movement, that of non-racism.

"We are confident that the majority of members of the ANC Youth League do not share these racist and insulting labels."

Ndima said the YCLSA also believed that Malema should substitute a sensible debate for insults and racist labels, and bravery for disrespect.

"But we believe that we can disagree on any issue and still maintain respect as comrades.

'I suspect comrade Malema and others are missing this bigger systemic picture'

"What is worse is that Malema invokes the names of respectable leaders of the ANC, including Nelson Mandela, to justify these nonsensical insults and racist remarks."

Ndima said the YCLSA was also disappointed that a call by President Jacob Zuma and the alliance ceasefire in the trading of insults were being undermined by Malema.

The YCLSA wanted to meet with the ANCYL leadership before the end of the week, she said.

The SACP's Western Cape arm said Malema needed to give himself time to learn about the history of the ANC and the youth league before pronouncing on issues "he has very little knowledge of".

"We understand his capacity and background and believe that it is not his fault not to grasp the essence of our national democratic revolution, but screaming and shouting (at) at the leadership of our organisation is not going to rehabilitate and help him and sharpen his knowledge. Instead he will be retarded for ever," said provincial secretary Khaya Magaxa.

He said Malema's attack on Cronin smacked of "spoilt gangsterist, thuggish and cynical behaviour".

"He is constantly becoming a political liability to the national democratic revolution," he said.

The SACP has defended Cronin and condemned Malema's insults.

Malema described Cronin's piece on mine nationalisation as "openly reactionary".

Cronin provided an analysis of the issues surrounding the nationalisation of the mines.

In it, he criticised Malema and the league's calling for nationalisation, saying: "Comrade Malema hasn't always helped his case with off-the-wall soundbites.

"The impression of a policy being made on the hoof, individualistically, is reinforced by the fact that we are yet to see any serious attempt at a collective policy document on this matter from the ANCYL," Cronin wrote.

"I suspect comrade Malema and others are missing this bigger systemic picture because when they speak of mineral beneficiation they are thinking of bling... sorry, jewellery."

In response, Malema described the article as reactionary, "clothed in quasi-Marxist rhetoric, with potential to make a sorry and sad reflection of the true character of the SACP's ideological steadfastness".

Malema described it as "sad" that Cronin "decided to isolate me" from a league resolution in which it outlines its stance on nationalisation.

"The state should be custodian of the people in its ownership, extraction, production and trade of mineral wealth beneath the soil, monopoly industries and banks," he said.

On mineral beneficiation, Malema said Cronin had reduced the league's call for this to an "obsession with bling".

The SACP called on Malema to discuss the issue in a "principled and comradely manner".

It said it had invited the league to take part in its political school last month, where it discussed nationalisation, but the league did not attend.

2.5 NEC warned against plotting - Motlanthe

By Political Bureau, 24 November 2009

DEPUTY President Kgalema Motlanthe has waded into the debate about the ANC's 2012 conference, warning national executive committee (NEC) members not to lobby or plot while tacitly cautioning those positioning themselves for the leadership elections that they are digging their own graves.

In an interview with Independent Newspapers, Motlanthe said he was not bothered by reports of a grouping within the ANC planning to challenge both his position and that of secretary-general Gwede Mantashe at the elective conference.

It has been reported, amid denials, that Deputy Police Minister Fikile Mbalula wants to challenge Mantashe for his position, with some saying that ANC treasurer-general Mathews Phosa could make a bid for the ANC deputy presidency - Motlanthe's position.

But Cosatu has vowed to defend the two former trade union leaders - accusing some within the ANC of wanting to purge the Left from the ruling party.

But Motlanthe says if the current NEC is outvoted in 2012, then so be it.

"If people are targeting 2012 and they are mobilising and lobbying for themselves, that's fine, that's their funeral. I wouldn't attend it... I won't join them," said Motlanthe.

However, he said that NEC members should desist from such practices, as it diminished their leadership standing.

"My view is that in the ANC, no member of the NEC should go out to the membership to canvass for himself or herself. I think once you do that you just lose the basis of leadership. It has to be the membership that says they want you serve in this or that capacity.

"That's why you will have a difficulty moving on if they have selected somebody else. I'd rather not be elected... (than to) go and canvass for anybody's support... if we are not elected in that conference, well and good." This was tantamount to buying votes, he said.

"If you go and buy votes, you can't turn around tomorrow and say I serve at the pleasure of the people," said Motlanthe, adding that those who lobbied and plotted ended up being "indebted to this or that grouping".

Motlanthe was speaking ahead of an anti-poverty tour in the impoverished Jacobsdal area of the Free State at the weekend.

The area has the characteristics of most poor communities - alcoholism and unemployment are the order of the day while abuse and violence are rife.

His first stop was at a building site where he got his hands dirty helping build a house for an elderly couple. It was not long before he began pushing a wheelbarrow, collecting concrete to create the foundation - which he said reminded him of his days as a young prisoner in Robben Island. But it soon proved that he was no longer in his youth, when, on his fourth trip with the wheelbarrow, he missed a step and almost fell.

Mluleki Mntungwa (Communications Officer)

COSATU ICT Unit

1-5 Leyds Cnr Biccard Street

Braamfontein

2007

P.O.Box 1019

Johannesburg

2000

South Africa

Tel: +27 11 339-4911/24

Fax: +27 11 339-5080/6940

E-Mail: mlu...@cosatu.org.za

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