Not really but when I saw the photo my wicked sense of humour took a turn for the better!
But now that I have your attention here is my most favourite person in the news again.
After failing to take charge of Pretoria’s Metro Police after getting kicked out of Ekurhuleni Metro Police he is once again at it..
All the world’s a stage, and all the men and women merely players: they have their exits and their entrances; (thanks to William Shakespeare – As You Like It: Act 2 Scene 7)
As I stand in the wings watching the play unfold in South Africa the often used quote by Shakespeare comes to mind.
We have a comedy in the making with the appointment of Robert McBride to be the next head of the Independent Police Investigative Directorate (IPID).
In a time when the South African Police has such a tarnished image of corruption, brutality and a total disregard of basic policing, one is left to wonder why this appointment is being made.
I find it totally laughable that the ANC’s Western Cape chairman, Marius Fransman, has the gumption to state that McBride is “a hero, patriot and committed civil servant to the people of South Africa”. As far as my memory serves me, once upon a time, civil servants and especially those representing the government had to be beyond reproach with no criminal records, strong morals and impeccable ethics.
Our incumbent president Jacob Zuma has in the last while stated most categorically that he is trying to clean up the government (can he start with himself, I wonder?) and then we hear about McBride, once again surfacing like a rotten smell which just doesn’t want to go away.
When completing your application for employment in the government you are asked if you have ever been found guilty of any criminal act. Now even if we discount the Magoo Bar bombing in which civilians were killed because it was politically motivated (shouldn’t this ruling then also be applied to the Boeremag who accidentally killed a women while blowing up train lines?).
McBride and others members of his terror cell were granted amnesty for the attack. The Truth and Reconciliation commission actually stated that this act was a “gross violation of human rights”.
Or even if we by some long stretch of the imagination should agree that McBride was totally sober after his Christmas party celebrations when he crashed his car on the way home. And we would then also have to wonder how he was found not guilty of trying to defeat the ends of justice while the doctor who issued the results of the blood test without even seeing McBride was found guilty of misconduct. We would also have to ignore the bullying of witnesses by his security minions to a point where they and their families were to terrified to state anything in court. Mcbride was found guilty and sentenced to five years imprisonment. This was later set aside leaving many wondering who was pulling the strings.
Then we have a small incident of being arrested in Mozambique while doing some gun running. Was he just trying to smuggle arms and ammunition into places such as KZN where innocent victims were being slaughtered just to try destabilising the area? He was found guilty and sentenced to jail time but once again his powerful friends in the ANC pulled some strings and he was sent back to South Africa.
What about being involved in an assault case while in the company of underworld bosses at some escort agency? Wonder if he and the previous head of the police and Interpol, Jackie Selebi, were house friends?
In looking at the farce of appointing heads of police we must include Bheki Cele and Mangwashi Victoria Phiyega in this illustrious gathering of players. None of the previous appointments made any positive impact on crime in South Africa and it may be stated that crime actually got worse. Police brutality by far exceeds anything that the previous government did. Corruption is seen as an additional source of income to some police.
SO HOW DOES MCBRIDE EVEN COME INTO CONTENTION FOR THIS POSITION WHERE HE WILL BE INVESTIGATING PEOPLE FOR THE VERY SAME THINGS HE IS GUILTY OF?
1) President Zuma’s ANC are not serious about fighting crime or corruption. Is it far more lucrative to have it continue while they are in power?
2) Why did Police Minister Nathi Mthethwa support the nomination of McBride. Was pressure put on him by higher powers?
3) Does President Zuma want to avoid the possibility of having someone appointed from outside the ANC who would be independent of politics? Maybe Zuma learnt his lesson when he appointed Thuli Madonsela as public prosecutor!
4) According to the (Democratic Alliance) DA the advertisement for the post seems to have been tailored to McBride’s CV. Makes me wonder who was responsible for authorising the changes…
In a recent survey people were asked about problems in South Africa and it is not surprising that fear and mistrust of the police came second to being murdered during a robbery!!
For many years I mistook the Rameron Pigeon for the common Rock Pigeon because I was just going on pure size alone.
And to be honest most of us just see a Pigeon and don’t even pass it a second glance!
For the last while I have been slightly more observant to the various birds that I do get to see and what a difference it has made. Suddenly there is an entire new world out there waiting to be discovered.
As the rest of the world watched the memorial service for the late Nelson Mandela, a very serious breach of security was playing itself out right next to Pres Obama. It has since come out in the washing, that the person contracted to do the sign language translation was not capable or accredited to do so. He also had no security clearance and is currently under investigation for murder.
In our history here in South Africa, we had another breach of security when in 1966 Dimitry Tsafendas stabbed Dr. Verwoerd to death in the House of Assembly. Tsafendas (who I actually met years later, but that is a story for another day) gained access by posing as a messenger and walked right up to Verwoerd. Before anybody realised what was happening he pulled out a knife and stabbed Verwoerd to death.
I am just glad that nothing like this happened at the memorial service, but it could just as easily have happened. My mind boggles at the repercussions that would have swept across the world if Obama had been killed by a man who the ANC had previously hired for their gathering in Bloemfontein and has now been classed as “unstable”.
At least Zapiro once again came to the rescue, and injected a bit of humour here. For those who haven’t seen the cartoon – ENJOY!!
It is now 2014 and it is going to be a year filled with changes and challenges for the entire planet. Some will be good and then there will be those that aren’t so good as well.
As far as blogging goes I did have quite a long break last year which was mainly attributable to some serious work pressure. We are finally coming to the end of a multi-million rand project which has been running for the last five years. Last year just got progressively worse as time went by. Towards the end of the year it was a case of meetings, change specifications, more meetings, more changes to a point where days just seemed to blend into one long procession of work, sleep and eat.
I did try keep up with reading those blogs that I follow, and even if I didn’t post anything on your blogs, I took note of what was happening in your lives. This year I am really going to try my utmost to be far more active on my blog and in replying to yours as well.
So to all my blogging buddies may the next year be all you hope for and may you receive all you need.
I was sent an article regarding the proposed Bills now before Parliament which have an impact on the ownership of land as we know it.
The major problem I have with these Bills is that the government is really keeping a very low profile and not telling the very people it has to protect under the constitution, what is happening. If these Bills get passed it will also affect some Black business people who have set up very successful enterprises in areas that may come under some restitution claim.
We have seen how Pres. Zuma has taken out those who are opposed to his rule. Now imagine the additional power that those in power will have economically over their distractors. Either you keep quite or we take your property/business/movable assets. The choice is yours.
According to my failing memory, there was supposed to be a cut off time for ALL claims to be submitted, and no further claims would be considered. Now we seem to be heading for an open ended time frame which in its very approach, is totally draconian, and strips property owners of any and all rights.
My friends from Zimbabwe also point out that this is how Robert Mugabe started changing the laws subtly until he finally got the laws passed that allowed expropriation with no compensation as the land had been stolen from the nation! Here in South Africa we now have land that was legally bought from various Black chiefs way back in historical times, that are suddenly being claimed as ancestral lands and that they want it back from the current owners. Total hogwash I say!!
If these Bills do become law, watch your pension take a serious dive as funds leave South Africa!!—————————————————————————————————-
I encourage all South Africans to take a look at the following three Bills in the policy pipeline at the time of this writing:
1) The Restitution of Land Rights Amendment Bill of 2013
2) The Property Valuation Bill of 2013
3) The Expropriation Bill of 2013
All three of the above Bills can be viewed online.
While no-one would deny that some form of restitution is required in order to make right for the past evil of Apartheid, the intended strategy (as evident from the text in the above three Bills currently before Parliament), is one which will undoubtedly place every South African in a much worse condition than before.
A lot could be written in analyzing all the finer points of the above three Bills before Parliament and they raise some serious concerns on many different levels. However, for me, the following 3 aspects of the Bills, considered together, are particularly alarming:
1) The three Bills will empower the State to expropriate not only farming land (as the media is want to report) but other land aswell. If this was not shocking enough, the Valuation Bill defines ‘property’ as including ‘immovable property….rights in….such property’ and ‘any movable property which is contemplated to be acquired with the relevant immovable property.’ This opens the gate to the expropriation of businesses other than farms, operating as going concerns, on land targeted for restitution. The Restitution of Land Rights Amendment Bill of 2013 likewise does not require ‘land’ to be only farming land (although the Bill itself applies solely to land).
Furthermore, the Expropriation Bill of 2013 defines ‘property’ as ‘not limited to land’ and as ‘including rights in and to such property’. Such a broad definition includes private assets of virtually every kind.
The view appears to be that ALL property, including mines, shopping centers, private and farming land, is potentially “ill-gotten gains” that could legally be identified for expropriation.
2) There is no legal requirement to compensate property owners at market value.
In terms of the Property Valuation Bill, the value of land intended for expropriation will be determined by a state official, called the “Valuer General”. The office of Valuer General has the sole power to decide the value of property marked out for expropriation. Although the Valuer General is accountable to the minister, the office of Valuer General ‘must be appointed by the minister’. Both the minister and the office of Valuer General are empowered to set the value of the property lower than market value. Market value is only a starting point in determining the value of land identified for expropriation. The minister is empowered to make regulations, which set ‘the criteria for the determination of the value of property’.
An ‘expropriating authority’ may take ownership and possession of property by notice to the owner and furthermore that ‘expropriating authority’ is empowered to set a date for the payment of compensation that is later than the date on which ownership and possession pass to the State.
The more one reads, the more the 3 Bills begin looking like the State giving itself the power to “legally” steal from its citizens. It is bizarre and disturbing that such a brazen step could even be attempted as it serves to totally undermine the Constitution and the due process of law.
(Please note that the current Expropriation Act of 1975 requires that ‘not less than 80% of the compensation due must be paid to the expropriated owner when the State takes possession of the property, with interest on the outstanding balance. The Expropriation Act of 1975 also states that compensation must be equal to market value and must include damages for loss suffered, plus a small further amount calculated as a percentage. The new Expropriation Bill removes these just and reasonable safeguards against the State’s abuse of their power. This would apply not only to the Government currently in power but any successive government could just walk into this legal environment).
3) Thirdly, and for me, the most worrisome feature in the above three measures under brief consideration, is the manifest attempt by the State to oust the jurisdiction of the courts (as far as is possible without being declared unconstitutional).
Note the following points:
In terms of the Valuation Bill, an owner may dispute the valuation decided by the Valuer General. However, ‘that dispute may not be used to delay, postpone or in any other way frustrate’ the expropriation of his property. Thus the State may proceed with an expropriation regardless of any dispute, which may exist regarding the amount of compensation that is due.
Objections against valuations must commence at the office of the Valuer General. Should the property owner remain dissatisfied with the Valuer General’s revised valuation, the property owner may still not seek help from the courts but must instead seek review from a valuation review committee (appointed by the minister on terms decided by the minister). The valuation review committee has no obligation to provide written reasons for its decision. All ‘internal procedures’ may be determined by the committee alone and kept behind closed doors.
The cherry on the cake must be the following provision:
In terms of the Valuation Bill, ‘a decision of the review committee is final and binding on the parties and subject only to review by a court of law.’
(There is a difference between ‘appeal’ and ‘review’ procedures. In the case of review, the court is only authorized to enquire into and adjudicate on procedural fairness. The court is not empowered to consider the actual merits of the case. The Valuation Bill of 2013, as it stands, gives the courts only the power of review and not the power to hear any appeal against the merits of the valuer general’s decision regarding the amount of compensation to be paid.)
By way of illustration, should the above Bills be made law, consider the following scenario of a property owner whose ‘property’ (as defined) has been identified for expropriation:
A business owner running a business profitably as a going concern is ‘offered’ less than market value for his / her business and land on which it operates.
The business owner disputes the valuation but is nevertheless ‘legally dispossessed of his / her business in terms of the legislation.
The business owner, now without a business, then has to follow a lengthy review process with the office of the Valuer General.
Court review is probably now beyond the reach of such a person. The review procedure by the committee has been lengthy, the business owner no longer has possession of his / her land or business and legal proceedings are costly enough as it is.
The expropriated owner is now under extreme pressure to accept the State’s offer of less than market value.
Should these Bills be made law, the effect on the South African economy will be disastrous. No-one wants to invest in a country where property rights are on such shaky ground, to say the least.
The security of property rights is foundational to any healthy economic system. Should these Bills get through to the Statute book, they will be counter-productive and ultimately hurt those they are intended to help. All South Africans will be affected.
This must not happen on our watch.