South Africa

A reader emailed me yesterday asking why I hadn’t included the Jay-Z rape trial in my “Whatsup in SA today” post. Undoubtedly the trial is very big news, but I just can’t motivate myself to write on all the seedy details being mentioned therein. At the moment it is still a he-said-she-said situation, but the fact remains that this was the man who was supposed to lead South Africa’s moral crusade through “The Moral Regeneration Movement”.

So will I post in future about the Jay-Z trial? Well, unless there is some real earth shattering information I think I’ll leave it to the newspapers. 

Well it was all on at the Jo'burg High Court yesterday. Jay-Z's legal team     took no prisoners as they demanded Transvaal Judge President Bernard Ngoepe recuse himself from the trial for a supposed bias/prior involvement in matters involving the former Deputy-President. But we're getting ahead of ourselves here - let's set the scene : Jay-Z's legal team arrived just 20 minutes before the trial was set  to begin and declared themselves confident "I'm ready to kick it," said senior counsel, Jerome Brauns when asked for comment. Ethically challenged former journalist Ranjeni Munusamy was also  in attendance as a Zuma "aide" (whatever that means). 

Zuma's supporters were also making themselves heard in their usual classy manner -  SA Prisoner's Organisation for Human Rights (SAPOHR), Golden Miles Bhudu wearing an orange prisoner's outfit and shackles, said the judicial system will make mistakes because "it was run by people". He carried a poster saying Zuma was being raped. Another Zuma supporter bearing a traditional shield and three sticks, pointed at the complainants supporters saying "Look at those bitches". For the complainant a small group of supporters were in attendance including her family, People Opposed to Woman Abuse (Powa), the Gender Aids Forum, the Forum for the Empowerment of Women, a black lesbian group, and the Positive Women's Network. A small group of anti-rape protesters singing in Zulu asked in song "Why are you playing around with your pants, now you have caused a problem". Nice.

This set the stage for what was to be a heated opening to the trial. Immediately the defence brought an application for Ngoepe to recuse himself from the rape trial based on his involvement in granting search warrants relating to Zuma's separate corruption trial to be heard in Durban in June. The Judge questioned the relationship between the two trials and why it would effect his judgment on the matter at hand, but the defense was adamant on the matter. After considering the application he decided to recuse himself - but not for the reasons put forward by Zuma's defence. "The protection of the credibility of the judiciary should weigh with me heavily [when making the decision to step aside]" and with this in mind the JP decided to recuse himself. After this matter was settled the defense moved for an adjournment but were told the matter would have to wait until a new Judge was appointed to oversee the trial.

After an exciting day in Court it was time for Jay-Z to let his hair down with some of his fans. Being a one hit wonder and wanting to bring some gravity to such a somber situation our man broke into song with his usual "Bring me my Machinegun" tune - the same song which he's sung at nearly every other public appearance in the last year or so (no Idols contestant is our Jay-Z). He also declared  "We are happy with the decision [the recusal] because we were not going to be satisfied with him [JP Ngoepe] in the case...he was the one who gave permission to the Scorpions to search my houses" (the man has the mind of a legal-razor).

The day ended with the big man being whisked away in his Batmobile and the crowds dispersing by 3:30pm. As an interesting aside the quotes of crowd size seem extremely low - nothing over 3000 was quoted by any news source (hardly a massive turnout the the shills Friends of Jay-Z were calling for). The highest ranking ANC members at the trial were ANC Youth League president Fikile Mbalula and SACP Youth League president Buti Manamela ANC Gauteng secretary David Makhura, compare this to the Durban trial where it was like the who's-who of the Alliance's Left.  

Today promises to be another interesting encounter.

The Yengeni debacle looks like its (finally) moving toward reaching its conclusion. Yesterday, the High Court dismissed Yengeni's appeal and warned it would probably have increased the sentence had the delivery of swift justice not been more of a priority. From the appeal :

The judges said Yengeni initiated the fraudulent deal and then helped prepare a backdated agreement of sale falsely stating the car was purchased at a price of R230 052, and that he paid a R50 000 deposit. He in fact paid R182 563 in total. Yengeni placed newspaper advertisements proclaiming his innocence and attacking his accusers and investigators, the judges said.

 

There could be no doubt that he intended to deceive Parliament and the public at large. The judges rejected Yengeni's claim that Ngcuka had promised him a fine not exceeding R5 000 if he pleaded guilty to a "watered-down" charge. "It bears every hallmark of a desperate clutching at straws to escape the consequences of [his] actions rather than the ring of truth."

 

The court dismissed with costs Yengeni's application for a review of his trial on the basis of the alleged deal with Ngcuka, and his appeal against conviction and sentence.

 

Another nice surprise of the day was the initial reaction of the ANC to the Court's decision :

The African National Congress noted "with pain" the Pretoria High Court's dismissal on Friday of an appeal by politician Tony Yengeni against a fraud conviction and four-year sentence.

 

"The ANC is saddened by the fact that a person of comrade Yengeni's calibre, who made a major contribution to the liberation struggle of our people, should find himself in this unfortunate situation," it said. "However, the ANC will continue to respect the judiciary."

 

Keep saying that last part and you'll make Someamoungus a happy camper! However, the party also said it would continue to provide "moral and political support" for Yengeni. While this statement is unfortunate, it is to be expected frpm a party that has consistently not turned on its own -- even when they are clearly guilty of miscondunduct.

I look forward to the day when the ANC will turn the ideological corner and realise that supporting members who have been found guilty of crimes against the People (corruption, political fraud) is not the right thing to do. The apartheid-era laager mentality of showing no sign of weakness and presenting a united front is out of touch with the South Africa we live in now. This tactic was necessary when faced with the might of the apartheid security apparatus, but it is an anachronism today with the ANC controlling the majority of the levers of power.

The ANC needs to realise that there is not going to be any counter-revolution, the only way they will lose power is if they lose the respect of the majority of the electorate. Supporting convicted crooks is a quick way of doing this...

Well its been confirmed :

A further two accused have been added to the indictment against former deputy president Jacob Zuma, the National Prosecuting Authority said on Friday. Spokesperson Makhosini Nkosi said Thint Holding (Southern Africa), formerly known as Thomson-CSF, and Thint, formerly known as Thomson, will be accused numbers two and three respectively. The two companies will be represented by Pierre Jean-Marie Robert Moynot.

 

It's about time big business also got to eat a piece of the "corruption is NOT cool" pie. The actions of people like Jay-Z and Schabir Shaik leave a bad taste in the mouth but what message do we send if only the corrupted get punished while the corrupters receive a get out of jail free card for testifying. We need to send out the message loud and clear that corruption by all parties will not be tolerated and will be prosecuted to the full extent of the law.

Last week I watched an outstanding documentary "The Smartest Guys in the Room", about the rise and fall of Enron under Ken Lay and Jeffrey Skilling. The level of corporate greed and total collapse of ethics in the company is stunning in its enormity, and all this happened with a sort of wink-wink-nudge-nudge by their accountants Arthur Andersen and major Wall Street Investment Banks. What the producers showed is how, if a culture of corruption and deceit is allowed to grow and propogate eventually the beast becomes too big to control and you have built a house of cards on quicksand. Witness the massive implosion of Enron, Arthur Andersen and WorldCom.

Corporate malfeasance when partnered with our public officials must not be allowed to grow -- the buck must stop here. 
 

The M&G is reporting that French arms company Thales may be joining Jay-Z in the dock on charges of corruption :

Giant French defence company Thales is set to be charged alongside Jacob Zuma when the provisional indictment against the former deputy president is delivered. This is a potential setback for Zuma, as it will make evidence against him easier to place before the court. Given the diplomatic ramifications, it also underscores the Scorpions’ determination to bring the strongest possible case against him.

 

The National Prosecuting Authority has declined to discuss details of the indictment, but well-placed sources confirm that one or more of Thales’s South African corporate entities will be joined with Zuma as co-accused. Thales is represented in this country by Thint and Thint Holdings.

 

This is an excellent move on the part of the NPA, for too long the corrupters have been given a free pass in the arms deal saga -- even though it takes two to tango in corruption cases. However, the strategy is not without its risks due to :

...charges were withdrawn in exchange for an affidavit from former Thint executive Alain Thetard confirming his authorship of the notorious “encrypted fax”. The handwritten document was a crucial piece of evidence linking Shaik and Zuma to the alleged attempt to secure a R500 000 annual bribe from Thales.

 

This places a heavy burden on the State because it will need to prove that circumstances have changed to such an extent that the original deal (made by Bulelani Ngcuka) no longer applies. The devil is in the details :

...Ngcuka’s May 2004 letter to advocate Kessie Naidu — now representing Zuma, but then representing Thint — confirms the withdrawal of charges against Thint “in the matter of S v Shaik & others”. It will be a matter of legal dispute as to whether this is a blanket indemnity for any future cases based on the same set of facts.

 

Unfortunately there is also talk that the French governement might take exception to Thales getting into legal problems. Either way its going to shape up to be an intereting week if things roll the way the M&G is predicting.

Never a dull moment in SA...
 

With the Zuma trial coming up soon, I thought it would be good to go a bit retrospective and take a look back at what started it all - The Shaik Trial. The following are a couple of links which I thought would help anyone who is trying to understand what exactly happened in the Shaik trial and how it got the ball rolling with Jay-Z -

a) First off there is the extremely comprehensive and well written Wiki entry, nearly any information you may need is here.

b) Next take a look at a more intimate view of the trial "How we nailed Shaik" from the perspective of lead Prosecutor Billy Downer. 

c) Last off there is the now infamous "encrypted fax" and other incriminating documents that sealed Shaik's (Zuma's?) fate.

Hope this helps, any other interesting links please post in the Comments section.

The conclusion of the Hlope incident is unsatisfactory for a number of reasons. Firstly, in a country like SA, questions of race need to be met head on and dealt with in a transparent manner. This is especially true when the controversy swirls around people in positions of authority where the respect and confidence of the public is of paramount importance. Without a satisfactory conclusion to the allegations and counter allegations that were made, the public will always have reservations towards Judge Hlope and the Advocates involved.

Secondly, this sets a bad precedent for how similar problem will be dealt with in future - ignoring the problem and hoping it will go away. Chief Justice Langa may have dodged the bullet this time but these kinds of problems have a tendency to fester and get worse, not better with time. Witness the lastest salvo which has come from Judge Siraj Desai who has claimed the General Council of the Bar (representing advocates) has repeatedly nominated “backward white men” for positions on the Bench who were not properly committed to transformation.

One hopes that Judge Langa's new mechanism for dealing with such incidencts will be better than the approach taken so far -

The report was drawn up by five judges, mandated by the Judges President, in the wake of the first round of racism claims made by Judge John Hlophe, head of the Cape Town High Court. The committee had to consider Judge Hlophe’s allegations but extended their brief to other provinces also.

 

The report, approved by the heads of court earlier this week, notes that a formal mechanism to deal with complaints against judges by the public should be passed by Parliament. Until then, any complaints by the public or the legal profession should be directed to the Judicial Service Commission or to the Judge President of the division in which the judge concerned works.

 

To me it sounds a little too much like passing the buck, but we'll have to wait and see what comes out of it...

Seems I'm not the only one who thinks little Billy stepped out of line with his ridiculous submission to the Khampepe Commission (See previous post). Apparently the Prez. and the Minister of Intelligence Ronnie Kasrils also think Billy went too far :

"Spy chief Billy Masetlha's job is in the balance after his fallout with cabinet over the recent attack by the National Intelligence Agency (NIA) on the credibility of the elite investigations unit, the Scorpions. President Thabo Mbeki is said to have been so infuriated by the NIA's claim that the Scorpions were "threatening national security" by working closely with foreign intelligence agencies that he stopped short of giving Masetlha his marching orders this week.

 

Mbeki is said to have been particularly enraged by the naming of people as spies for foreign intelligence agencies in a confidential version of the NIA's submission to the Khampepe Commission... At its meeting on Wednesday, cabinet distanced itself from the NIA's stance. It said in a statement: "Cabinet, however, wishes to distance government from statements, particularly leaks to the media of documents or information with no official standing within government, which seek to question the integrity of officials employed in the DSO and to cast aspersions on co-operation that our institutions have with their international counterparts."

 

City Press has also learnt that the NIA's role at the commission has driven a further wedge between Masetlha and Intelligence Minister Ronnie Kasrils.

Da Prez : "Bad Billy, Bad!! Don't let me catch you doing that again!" (Billy slinks away with his tail between his legs)

The Sultan of Swing. The Prince of Pride. The Z in Zulu.  

This past week you could be forgiven for thinking the boys at MTV had flown into Durbs to set-up a show which was kind of a mix between "Pimp my Ride" and "The MTV Movie Awards". The singing, the dancing, the Press, the Humvees, the massive aggro bodyguards, the Ego's, the Humvees - it was all there. The M&G Editorial puts it all in perspective :

Outside the Durban Magistrate’s Court this week, South Africa got a very clear snapshot of what a Jacob Zuma presidency would be like. And it was not a spectacle that engenders confidence.

Arriving and departing in a shiny black Humvee, the African National Congress deputy president was at all times surrounded by a phalanx of bald-headed toughs and was escorted to and from court by a cavalcade of police cars, sirens blaring. They elbowed aside the bystanders, staring menacingly at all who dared come close to Brother Leader.

Zuma was the perfect pastiche of the populist rabble-rouser. Outside the courts, he drew comparisons between his court appearance this week and his experiences under apartheid -- a declaration not calculated to bolster public confidence in the judiciary. Addressing his supporters, he spoke of the institutions of South Africa’s democracy -- the National Prosecuting Authority and the courts -- as if they were an alien and illegitimate force.

Spurred on by toyi-toying demonstrators, he hinted darkly at conspiracies designed to keep him out of the presidency. Zuma’s suggestion that he has nothing to answer for, and that the corruption case against him is a political plot, is an oft-repeated allegation which the former deputy president has not once fleshed out, despite ample opportunity to do so. South Africa has still not been given his version of the notorious R500 000 bribe message, although he has only to call a press conference to provide it.

 

Sounds like a (bad) movie...

The saying "people living in glass houses shouldn't throw stones" is a good idea to follow. So is, "not making yourself look like a buffoon in front of others". Judge Hlope being the fearless crusader he is, ignores both these unnecessary social conventions and jumps straight into the fire! A year ago Judge Hlope was the darling of the government after he supposedly "exposed" the rampant racism swirling around the Cape High Court. Well, (in whispered tones)..."Judge, your slip is showing"...   

a) In a sworn statement, Advocate Dirk Uijs, SC, repeated the allegation that Hlophe called a junior lawyer, Joshua Greeff, "a piece of white shit" who "does not deserve the walk the corridors of the higher court", and said that Greeff should return to Holland.

 

b) It also came to light that Hlophe insulted the Law Society of the Cape of Good Hope by implying that a complaint against Greeff would be futile because "the white gentlemen there would look after his interests".

 

c) In another incident, Hlophe allegedly told Arendse that he would give the Mikro Primary School case to Thring because Thring would "fuck up" the case, after which it could be "set right" at appeal level. He allegedly made this comment at a cricket match on February 6, a day before the case started.  (All extracts from News24)

 

Ahh Judge Hlope the Bench is too boring a place for a man of your calibre, time to make the move to a place more in keeping with your fine intellect and rapier wit! I suggest here.