News – HeraldLIVE

PAST MASTER: Cricket ref Dev Govindjee is an ex-Dower College lecturer. Picture: MIKE HOLMES

Proud heritage of teacher training

FROM the turn of the last century, generations of teachers received training in its halls – and now the history of Dower College will be preserved for generations to come.

An exhibition was held last night on the role played by Dower College of Education for more than a century.

The exhibition was the culmination of an eight-month research project spearheaded by the National Heritage Council and local NGO Arts and Teaching Initiatives.

Arts and Teaching Initiatives’ Isaac Metembo said the project produced a comprehensive history of the college.

The exhibition also paid tribute to those who led the institution for many decades.

Metembo said the NGO, which conducted work with schools, had come across a project at Machiu Primary School on Dower College.

“The National Heritage Council was interested in this project and provided funding to take this research further, so we dug a little deeper into the history of the college,” he said.

The college had opened its doors in Hankey in 1899 and in Uitenhage in 1921 before moving to its West End premises in Port Elizabeth’s northern areas in 1975, where it remained until it closed in 2000, he said.

The college catered primarily for coloured teaching students until 1990, when Xhosa-speaking students were admitted.

“We spoke to some of the well-known staff members, including Sammy Snayer, who contributed a wealth of information,” Metembo said.

“Snayer started off as a student at the Uitenhage college, where he qualified as a teacher and later joined the staff as a lecturer. He became a senior lecturer and was the rector when the college closed in 2000.

“Profiling him makes you realise that he came full circle at the college and many other families and individuals were impacted by Dower.

“One of the biggest tragedies with the closure of the college was that a lot of its formal records and old class schedules were lost.

“Other documents were not properly captured and students cannot easily obtain duplicates if they have lost their certificates.”

Snayer said the college had played an important role in education and left a tremendous legacy.

“Virtually every primary school principal in the northern areas has a Dower background and perhaps 70% or 80% of teachers in grades 8 to 10 at high schools in the northern areas is a Dowerian,” he said.

“Dower also produced numerous teachers in the townships after Xhosa-speaking students were admitted and many went on to become principals.

“People are not aware of the important role it played in education and its contribution to the freedom struggle.”

Well-known former staff include Nelson Mandela Bay mayor Danny Jordaan, who lectured at the college from 1980 until 1993.

Snayer said the closure of teacher training colleges had affected education in the northern areas as Dower had produced many Afrikaans-speaking teachers.

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HELP US: Protesters who are employed either part-time or by outsourcing companies hold placards and chant slogans across from the Wool Exchange building in Military Road to back their call for help from mayor Danny Jordaan and fellow councillors. Picture: EUGENE COETZEE

TWO groups of contract workers protested outside the Nelson Mandela Bay council chambers yesterday, pleading with the municipality to hire them permanently.

About 30 of the 50 protesters were people working as ward councillors’ assistants or cleaners. The rest were water meter readers employed by a company contracted to the city.

They waved placards and chanted outside the old Wool Exchange building where a council meeting was being held.

Some of the placards read: “Stop outsourcing”, “Danny you must listen to us”, and “15 years in contract need replacement”.

Themba Kusana, a cleaner at the Ward 20 councillor’s office, said they were hoping mayor Danny Jordaan would listen.

“We are here because of the conditions of our employment. We don’t receive any benefits,” Kusana said.

“I’ve been a cleaner at the Ward 20 office for eight years. We don’t receive any annual bonuses or benefits.

“In December last year, we signed contracts stating that we would not be entitled to any benefits,” Kusana said.

An assistant from the Ward 27 councillor’s office, Zoliswa Dlula, said some workers had been on contract for the past 15 years.

“Our councillors know everything, but there is nothing they can do,” Dlula said.

“We wrote a letter to the mayor in January to express our distress, but we have not received any response.”

Jordaan’s chief of staff, Mlungisi Ncame, said the complaints had been referred to chief whip Litho Suka’s office.

“The chief whip had another meeting with the representatives of the group today [yesterday] and they agreed on next steps to resolve the issues raised,” Ncame said.

Acting corporate services head Vuyo Zitumane said councillors’ assistants were hired to help councillors deal with complaints and, at times, political matters in their wards.

“There is a close relationship between the councillor and his or her assistant,” Zitumane said.

“For this reason, all newly elected councillors have the opportunity to appoint councillor assistants for the duration of their political reign.

“These contracts are therefore fixed-term contracts up to a maximum of five years or earlier if the councillor is no longer holding the office for whatever reason.

“Due to the nature of the contracts, this entitles them to a basic salary and benefits as prescribed in the Basic Conditions of Employment Act, [like] leave and sick leave.”

But the conditions could improve in future, Zitumane said.

About the water meter readers, Zitumane said the municipality did not have any contractual obligation to them.

Meanwhile, methods that “will not promote outsourcing but insourcing” were being developed, Zitumane said.

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SECOND CHANCE: The Makana council has decided against seeking a demolition order for Makhanda Mall in Beaufort Street. Picture: FREDLIN ADRIAAN

Makhanda Mall escapes demolition after municipal legal services manager advises alternative resolution

THE Makana Municipality in Grahamstown has made a U-turn on its decision to demolish the Makhanda Mall, which was constructed without approved building plans. This comes after officials felt that instead of going to court to seek a demolition order, the matter should be resolved internally.

Last year, the council resolved to apply for a court order to demolish the mall belonging to Bril Properties, partly owned by Makana councillor Pierre Ranchhod.

Ranchhod said at the time they had done everything in their power to ensure they complied with municipal regulations but that their attempts had been ignored by the municipality.

At a council meeting on Tuesday, the DA raised a motion querying the progress on the resolution taken to demolish the mall.

In response, municipal legal services manager Nomandla Mbanjwa said there was no proof that plans had not been approved by the municipality, nor could it be established whether Bril Properties had complied when constructing the multimillion-rand mall.

“When I assumed my duties as legal manager, I was informed that there was a council resolution to apply for a court order for the demolition of Makhanda Mall.

“I have not had sight of the said council resolution,” Mbanjwa told councillors in a report on Tuesday.

In an interview yesterday, Mbanjwa said she had found that due processes were not followed by municipal officials dealing with the company’s application, as there were no documents proving non-compliance by Bril Properties.

“I have found that some departments, like traffic for example, did not comment on the company’s application to build the mall, so we also did not follow processes as the municipality in this matter,” she said.

She also blamed officials who had since left Makana for not leaving proper documentation on the company’s application for the mall.

Mbanjwa said should Bril Properties be found to not have complied with all relevant municipal by-laws, it would be asked to pay a fine, if necessary.

In her report to the council, Mbanjwa said she agreed with the previous opinion from attorneys Smith Tabata that demolition was a drastic step.

“In pursuit of alternative dispute resolution . . . my view is that the local economic development department must scrutinise the building plans with other departments and send their findings to the applicant for compliance within a reasonable time,” she said.

Yesterday, Ranchhod declined to comment, saying they had not received any correspondence from Makana since last year.

“We are waiting for a court date so I cannot comment further on this matter. It is sub judice,” he said.

DA councillor Xolani Madyo, who raised the motion on the mall, said he was satisfied with the response from Mbanjwa in council.

“I am happy at the moment to wait for the proof that they will get from Bril Properties. We took this matter seriously because Ranchhod is a councillor and he must lead by example.

“We took a resolution as council and nothing happened after that,” he said.

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The Democratic Alliance (DA) was confident it will be celebrating a victory outside the Constitutional Court today( 31/03/2016).

The Economic Freedom Fighters (EFF) will pass comment on the court’s judgement nearby‚ at its De Korte Street headquarters in Braamfontein.

“The DA trusts that the Constitutional Court will rule definitively on the matter and provide legal certainty as to the force and effect of the public protector’s powers‚” the party said of the “judgement…in the much-anticipated Nkandla matter which will be a pivotal moment in our nation’s democracy”.

A statement said the oppoisition party “has worked tirelessly through both the courts and Parliament to ensure President Zuma is brought to book for this clear abuse of power‚ and his wilful neglect of the public protector’s remedial actions”.

The EFF was circumspect‚ and simply “invited members of the media to a press conference to be addressed by the CIC Julius Malema” at noon‚ to hours after the judgement is scheduled to start.

The Constitutional Court will on Thursday pass judgment in the case about the upgrades at President Jacob Zuma’s Nkandla home and who should pay for it.

The EFF and the Democratic Alliance DA asked the court in February to make a decision on the failure by the president and Parliament to implement the Public Protector’s recommendations concerning the upgrades.

The EFF wanted the court to declare that the National Assembly failed to fulfil its constitutional obligation to ensure that all executive organs of state were accountable to it by failing to ensure that Zuma complied with the remedial action recommended by Public Protector Thuli Madonsela.

The party also wanted the court to declare that Zuma‚ as head of the national executive‚ had failed to fulfil his constitutional obligations to implement the findings and remedial action in the public protector’s report. The party also wants the court to direct Zuma to comply with the remedial action by Madonsela within 30 days of the court order.

Madonsela found in her report that Zuma and his family unduly benefited from some of the upgrades at their Nkandla residence that were not related to security. She said Zuma should pay back a reasonable portion of the money the government spent on those features.

When the matter was heard in the Constitutional Court on February 9‚ Zuma’s legal counsel said the president would repay some of the money to the state.
Jeremy Gauntlett SC‚ for Zuma‚ asked the court not to make the orders sought by the EFF and the DA.

He also said it was not necessary for the court to make a ruling on the powers of the Public Protector because the Supreme Court of Appeal had ruled in a different case last year that the powers were binding.

However‚ counsel for the EFF Wim Trengove SC said Zuma’s acknowledgement that the Public Protector’s powers were binding was gratifying but this was not enough.

He insisted that the EFF still wanted the court to grant the orders it had sought.

Trengove said the capitulation by the president was made only on February 7‚ when his clients had made this demand since September 2014.

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THUMBS UP: The African pygmy mouse. Picture: EUGENE COETZEE

THEY are so small that they often go unnoticed and hardly ever trigger traps, but a Port Elizabeth conservationist has managed to catch one of the world’s smallest rodent species – an African pygmy mouse.

Wildline’s Arnold Slabbert, who specialises in animal control and the monitoring of indigenous species, came across the miniature mammal yesterday while doing research on rodents at the protected Port of Ngqura.

“These little mice are just another one of the indigenous rodent species we have found to have moved into the protected area around the port,” he said.

While the rodents are not rare, their size and nesting habits mean they are hardly ever seen.

The mouse was caught using an adjusted walk-in trap.

The grey and brown mice have an average life span of two years and can vary between 30mm and 80mm in length.

Besides their tiny build, the mice are characterised by their large triangular ears.

Another of their unique traits is the way they gather water near their nests.

If there is no water nearby, these mice have been documented placing little pebbles outside the entrances to their burrows.

The warm air from the burrow meets the cooler air outside and causes dew to form on the pebbles – enough water for the mice to survive on.

They are often kept as pets, but should never be kept in isolation as they are social and need others of their species to survive.

The African pygmy caught will be released back at Ngqura.

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MEC Mandla Makupula (Education) and Angie Motshekga (Minister of Basic Education). Picture:BRIAN WITBOOI

Parents and governing bodies seek order for Bhisho to follow proper procedures

FOUR farm schools are taking the Eastern Cape Department of Education and the national education minister to court over a decision to close them down without, they say, proper consultation or a written plan of action.

The Legal Resources Centre (LRC) is representing the Centre for Child Law (CCL) and the school governing bodies of Huntley Glen, Belmont, Belvedere and Lynedoch farm schools.

In November, the principals of the schools – all in the Fort Beaufort district near Bedford – were informed their schools would be closed by the end of the first term this year and pupils sent to a hostel in Adelaide, 80km away.

In December, the department announced it would be closing 2 000 “unviable” schools in the province to move resources and staff to where there was more demand.

The LRC says there was no consultation with parents.

In their urgent application, the school governing bodies and the CCL seek to interdict Basic Education Minister Angie Motshekga and the provincial department from closing the four schools, or any other schools, until they have complied with the procedural requirements for the closure or merging of public schools.

They also want the department to provide schools with a written plan on how the closure or merger of public schools will take place.

The matter will be heard on May 12 in the Grahamstown High Court.

LRC attorney Cameron McConnachie said there were only 38 pupils attending Huntley Glen, 11 pupils at Belmont and another 11 attending Belvedere. There were only five pupils at Lynedoch.

“We acknowledge that some of these schools are small and some should be closed, but there are procedures that should be followed.

“Schools have been closed without the proper channels being followed and children are being left in the lurch without any available scholar transport to get them to school,” McConnachie said.

In her affidavit, parent Yandiswa Nqangela said: “Many of the learners will find a move to a hostel extremely difficult after having experienced nothing but rural farm life.”

Nqangela, who has two children at the Huntley Glen school in grades 2 and 3, said: “Parents are concerned about the general safety of hostels and the increased risks to learners that will accompany less supervision.

“The threat of violence and sexual assault may increase for learners who are living in hostels away from their families.”

Nqangela was also concerned about supervision in the hostel and the provision of adequate food, as well as her children doing their homework and taking care of their personal hygiene.

Former Agri EC president Ernest Pringle, who owns the land where the Huntley Glen farm school is situated, said the decision to close the school would have a negative impact on communities.

Provincial education spokesman Malibongwe Mtima said the department had communicated with the relevant education district to obtain more information on the matter.

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Matron Amelia Horne with the abandoned baby girl. Picture: BRIAN WITBOOI

DORA Nginza Hospital social worker Pamela Rubushe is looking for the family of a baby girl admitted to hospital shortly after her birth last week.

The baby’s mother, Junaid Bardien, 19, left the infant at the hospital and disappeared.

“She gave birth somewhere outside the hospital. She was brought to the hospital by ambulance on March 23 and transferred to the high care unit the next day,” Rubushe said.

“She kept her address, next of kin and phone number a secret. She eventually gave us a false address. The phone number also didn’t work.”

Rubushe said she had gone to Central yesterday to look for Bardien. “I was met with hostility by a Nigerian guy claiming to be the owner of the flat opposite the garage in Western Road,” she said.

“He accused me of intimidating his tenants when I showed Bardien’s pictures around.”

She said other tenants had told her Bardien was sleeping in old unused buildings and worked as a prostitute. “I also found out that her brother was somewhere in Port Elizabeth looking for her.”

Rubushe appealed to anybody in the Bardien family to come forward to look after the child.

She can be contacted on (041) 406 4328.

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The sentencing of former Olympic sprinter Oscar Pistorius has been postponed to June‚ according to reports.

The National Prosecuting Authority and Pistorius’ lawyers could not be reached for confirmation on Wednesday evening but eNCA television news reported that his lawyer had confirmed that the state and defence had met with the Deputy Judge President on Wednesday and agreed to postpone sentencing to June.

Pistorius would still appear in court on April 18 so that sentencing could be postponed until June‚ the TV station said.
Sentencing would take place between June 13 and 17‚ it added.

The 29-year-old athlete was denied the right to appeal against his murder conviction for the killing of his girlfriend model Reeva Steenkamp by the country’s highest court.

He faces a minimum of 15 years in jail and is on bail until his sentencing.

Pistorius’ manslaughter conviction for killing Steenkamp‚ who he shot four times through a toilet door at his Pretoria home on Valentine’s Day in 2013 after allegedly mistaking her for a burglar‚ was upgraded to murder by the Supreme Court of Appeal in December.

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Man arrested after shining beam at helicopter

A PORT Elizabeth man was released on R1 000 bail after he was arrested for allegedly shining a laser light at a hovering police helicopter. This marks one of the first arrests of its kind in Port Elizabeth and one of only a few countrywide.

Waseemud-Deen Kemp, 29, was arrested last Saturday after allegedly shining the laser into the cockpit of a police helicopter that was providing air support for Operation Lockdown.

Kemp faces a fine of up to R50 000 or 10 years in jail should he be found guilty.

Operation Lockdown is aimed at combating gang violence and criminal activity in the precincts of Bethelsdorp and Gelvandale.

A further 25 people were arrested at the weekend for a variety of crimes.

According to Civil Aviation Authority figures, 17 cases of lasers being shone into aircraft cockpits in Port Elizabeth were reported between April last year and January.

Police spokeswoman Colonel Priscilla Naidu said Kemp had been arrested at about 8.45pm on Saturday while the police Airwing helicopter was engaged in Operation Lockdown.

“While still airborne in Gelvandale, a green laser was constantly flashed at the helicopter,” Naidu said.

“Information was relayed to police on the ground and the exact location from where it was being flashed was pinpointed.

“Police immediately responded and the suspect [Kemp] was arrested at the Gelvandale sports field. The laser pointer was also confiscated.”

Kemp was charged in terms of the Civil Aviation Act, which stipulates that no person shall, through any act, endanger the safety of an aircraft or passengers by shining a beam of light or other energy source at the aircraft.

Kemp was released on R1 000 bail by the Gelvandale Magistrate’s Court on Tuesday.

Naidu warned that flashing laser pointers at any aircraft was extremely dangerous to the pilot and crew.

“The light temporarily blinds the pilot and this can result in a catastrophic disaster.”

In January, Port Elizabethbased SA Air Force helicopter pilot Captain Justin Ellis, 32, said laser-related incidents were on the rise.

Ellis said the laser light reflected off the windscreen and lit up the entire cockpit, causing temporary blindness and disorientation to the pilot.

Naidu said while tracking culprits from the helicopter was difficult it was possible, but led to resources being diverted away from catching criminals.

“This must serve as a warning that when we do catch the culprits, we will throw the book at them,” she said.

“Resources from the helicopter to several police officials on the ground are diverted to catch these suspects. These resources could, however, be used combating and preventing other crimes.”

Kemp is due back in the Gelvandale Magistrate’s Court on May 6.

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Eastern Cape chairman of Samwu, David Toyis, has been expelled by the union due to alleged ill-discipline and for allegedly sowing divisions within the union structures.

He is also accused by the union of leading activities that are sympathetic to Numsa and former Cosatu general secretary Zwelinzima Vavi.

This was confirmed by Samwu provincial secretary Milton Myolwa in a statement.

Toyis, who is a Nelson Mandela Bay municipal housing official, is also the Eastern Cape chairman of Cosatu.

More on this story in The Herald tomorrow.

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A little more than a month after the Constitutional Court heard arguments in the EFF and DA’s application for an order that President Jacob Zuma repay some of the R246 million spent on his Nkandla home, the court is ready to hand down judgment.

Thursday’s judgment is expected to have a number of facets to it.

The EFF and the DA wanted Zuma to pay back a portion of the money spent on non-security upgrades to his homestead.

A few days before the hearing in February, Zuma sent a letter to the court’s registrar to suggest that it order the Auditor General and finance minister to determine how much he should repay for non-security features at Nkandla.

The Constitutional Court was expected to make a final order on this.

The opposition parties wanted the court to rule on whether Public Protector Thuli Madonsela’s remedial action, set out in her March 2014 report, Secure in Comfort, was binding.

During the hearing on February 9, Madonsela’s lawyer argued about the nature and ambit of her powers and the legal effect of her remedial action.

Madonsela stood by the remedial action set out in her report. But she agreed it was no longer appropriate for the police to help determine the reasonable costs of non-security features.

Jeremy Gauntlett, for Zuma, argued that the Nkandla saga had “traumatised the nation”, which was why he had made his proposal regarding the Auditor General and the Treasury.

He claimed the Public Protector Act was a “statutory curiosity” because it did not elaborate what had to be done regarding remedial action.

Zuma accepted that Madonsela wanted certain things done, but differed on how these had to be done, he added.

Gauntlett put the blame for the fiasco squarely on the shoulders of the Department of Public Works and said Police Minister Nathi Nhleko’s report meant nothing. Nhleko, in his report, found all the features built at Nkandla were security-related and Zuma was thus not liable to pay for any of them.

The EFF wanted the Constitutional Court to find that Zuma breached his oath of office and constitutional duties by ignoring the Public Protector’s remedial action.

Gauntlett argued it was a “dangerous year” and warned that if the Constitutional Court ruled that Zuma did breach his oath of office, opposition parties could use it to have him impeached.

Wim Trengove, for the EFF, said the National Assembly violated its constitutional obligations by not holding the president and Cabinet to account.

The judges asked Speaker Baleka Mbete’s lawyer, Lindi Nkosi-Thomas, if the National Assembly had erred in its approach to Madonsela’s remedial action.

“Parliament took a wrong position,” she conceded.

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Members of the public started filling up the public gallery of the Constitutional Court from 9am on Thursday ahead of the court’s judgment in the Nkandla case.

The court will start delivering its judgment at 10am.

A large television media contingent was in the court precinct since the early hours of Thursday to film those politicians and other arriving to hear the judgment.

The United Democratic Front leader Bantu Holomisa was the first of the high-profile politicians to arrive at about 9:30am.

Deputy Public Protector Kevin Malunga also arrived to hear the judgment that may make a pronouncement on the powers of the public protector’s office..

Democratic Alliance leader Mmusi Maimane arrived with the DA shadow minister for justice and MP Glynnis Breytenbach.

Economic Freedom Fighters MP and spokesman Mbuyiseni Ndlozi was in court ahead of the start of the judgment.

Congress of the People leader Mosiuoa Lekota also arrived in court just before 10am.

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A man has been arrested in Galeshewe for allegedly raping and impregnating his girlfriend’s 11-year-old daughter, Northern Cape police said on Thursday.

The girl alleged that the 32-year-old man, who was staying with them, threatened to kill her should she tell anyone, said Lieutenant Olebogeng Tawana.

“The victim’s mother took her to the local clinic, after she suspected that she could be pregnant,” he said.

The woman’s boyfriend was arrested on Tuesday after tests confirmed the girl was indeed pregnant.

The suspect was expected to appear in the Galeshewe Magistrate’s Court on a charge of rape later on Thursday.

Tawana said they did not yet know when the incident took place. He also could not comment on the girl’s well-being.

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Chief justice Mogoeng Mogoeng started delivering his judgment in the Nkandla case in the Constitutional Court in Johannesburg just after 10am on Thursday.

The chief justice said the judgment‚ which he had written‚ was unanimous.

He said the matter deals with issues of monumental importance to the people of this country and the well-being of our democracy.

He reiterated the importance of the separation of powers to the democracy and the necessity of checks and balances to protect this.

He sketched the background of what happened ever since public protector Thuli Madonsela released a report in 2014 in which she said President Jacob Zuma and his family had “unduly benefited” from some of the upgrades at his Nkandla residence and should repay a portion of the money spent on those features by the state.

Mogoeng also mentioned that Zuma offered‚ eight days before the case was due to be argued in court in February‚ to repay a portion of the expenses for the features found to be unrelated to security.

He said the president had the highest obligation to uphold the constitution.

The judgment continues.

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Chief justice Mogoeng Mogoeng delivers the ConCourt Nkandla judgement.Picture: SABC Digital Youtube

Chief Justice Mogoeng Mogoeng on Thursday said the public protector is the “embodiment of a biblical David” defending the public against the well-resourced Goliath of the state.

Delivering the Constitutional Court’s unanimous judgment in the Nkandla case‚ Mogoeng said the role and powers of the public protector must be understood.

He said the public protector’s office is pivotal to strengthening the country’s democracy and ensuring good governance and the constitution guarantees the independence and impartiality of the public protector.

Mogoeng called the public protector a crusader for anti-corruption and clean governance.

He said the dignity of the public protector must be protected and she would have no dignity if her directives could be ignored “willy nilly”.

He said remedial action ordered by the public protector is binding and cannot be ignored.

However‚ despite confirming the binding effect of the public protector’s remedial action‚ he said the circumstances of each case must be taken into account.

He said the public protector’s remedial action can be set aside by approaching the courts.

The judgment continues.

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President Jacob Zuma acted illegally when he failed to comply with the remedial action set by the public protector.

This was the pronouncement on Thursday by Chief Justice Mogoeng Mogoeng‚ delivering the Constitutional Court’s unanimous judgment in the Nkandla case.

Mogoeng said the president failed in his constitutional obligation when he failed to assist the public protector by complying with her report.

Zuma should have approached the Constitutional Court if he believed that he should not abide by the public protector’s report.

He was not in the position to simply ignore public protector Thuli Madonsela’s findings and should also not have decided to have the issue investigated by police minister Nathi Nhleko.

Madonsela found in her report in 2014 that some features included in the R246-million security upgrades to Zuma’s Nkandla residence in KwaZulu-Natal were not security features. These included a cattle kraal‚ chicken run‚ visitors’ centre and pool.

The judgment continues.

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“If I was President Jacob Zuma‚ I would be preparing my letter of resignation.”

That’s how DA leader Mmusi Maimane reacted after the “Constitutional Court – the highest court in the land – found that President Zuma failed to uphold‚ defend and respect the Constitution as the supreme law of the land by disregarding the public protectors’ report”.

The DA‚ only minutes after Thursday’s judgment in the Nkandla matter‚ said it has “officially begun the process to impeach President Jacob Zuma”.

“This pivotal judgment confirms the DA’s long-held contention that President Zuma seriously violated the Constitution when he sought to undermine the public protector’s remedial actions by instituting parallel investigative processes‚ and his subsequent failure to implement her remedial action‚” said Maimane.

The impeachment process will be made in terms of Section 89(1) of the Constitution‚ which states: “The National Assembly‚ by a resolution adopted with a supporting vote of at least two thirds of its members‚ may remove the President from office only on the grounds of -

- a serious violation of the Constitution or the law;

- serious misconduct; or

- inability to perform the functions of office.”

“Today’s ruling is clear in this regard: President Jacob Zuma’s action amounts to a serious violation of the Constitution‚ and constitutes grounds for impeachment‚” Maimane said.

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CAPE Town mayor Patricia de Lille hit out on Thursday at violence and vandalism by “those with political agendas who wish to destroy”.

In her speech at the start of a city council meeting‚ De Lille said that while she defended the democratic right to protest‚ this kind of behaviour was unacceptable.

“It has been disappointing to watch as protestors linked to an illegal land grab in Dunoon vandalised a MyCiTi station on Potsdam Road‚ and another MyCiTi station in Phoenix station in Joe Slovo‚ both in five days‚” she said.

“We need people to understand that you hurt your neighbour the most when you damage facilities intended for the use of the broader community. Indeed‚ such actions usually disproportionately affect the poor.

“Disrupting public transport results in taking food out of the mouths of entire families because residents are prevented from getting to work.”

De Lille also referred to a R1.65-million damage bill incurred a few weeks earlier when new homes in Sir Lowry’s Village‚ near Somerset West‚ were petrol-bombed.

“Beneficiaries must now also wait even longer‚ when so many of them have waited decades for their opportunity‚” she said.

“Today we send an uncompromising message to those who have been involved in the spate of vandalism which has taken place across Dunoon: you will not stop us from delivering services.

“We will not let you take us backwards when so many of us are working together for a better future.

“We remain relentlessly committed to delivering on the mandate which has been given to us to serve the people of Cape Town.”

An example of this commitment was in Valhalla Park‚ where work had begun on a R43-million housing development.

“Despite constant attempts to invade the land‚ and even threats from gangsters‚ we were able to protect this land earmarked for 777 vulnerable families‚” she said.

“We will not go back into the ways of the past where some go out of their way to deprive others of their rights.

We lose hundreds of millions of rands on repairing vandalism every year. Communities are urged to report vandals to their nearest police station so that they can be held accountable.”

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Congress of the People leader Mosiuoa Lekota has said the ANC must learn that they cannot use their majority in Parliament to make provisions that are inconsistent with the country’s Constitution.

“It doesn’t matter how many majority you have in Parliament, if that majority is not consistent to the provisions of the Constitution, it is irrelevant,” Lekota told reporters outside the Constitutional Court on Thursday in Braamfontein, Johannesburg.

This was ahead of Chief Justice Mogoeng Mogoeng’s judgment on whether President Jacob Zuma should pay back a portion of the money spent on the upgrades following applications launched by the EFF and the DA.

The two parties wanted the court to rule on whether Public Protector Thuli Madonsela’s remedial action, set out in her March 2014 report,Secure in Comfort, was binding.

”It’s a very important judgment and I think the ruling party must learn from the outcome of this, that it does not matter by how many numbers they defeat the opposition, if they are not consistent with the Constitution it will go nowhere,” he said.

Lekota said the court’s judgment was very important for the country and its future.

“For South Africa it is a make or break.”

He said South Africans needed to find a way to make sure that they put in government, political parties which understood the Constitution and were committed to implementing it in.

This would be in keeping with the oath of office that all members of Parliament took, he said.

“Frankly, South Africa cannot abandon the Constitution it adopted. This Constitution is the only reliable framework to take our country forward into a prosperous future.”

Source: News24Wire

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Suspected senior members of the Upstand Dogs gang Cedric Johnson, Rodwell “Boef” Peters and Oscar Alexander have each been sentenced to an effective 25 years in prison by the Port Elizabeth High Court today.

The men broke into a Seaview home in 2013 and when Nitrous Security responded, a shootout followed and their accomplice Allan de Sousa was shot dead.

Johnson, Peters and Alexander were charged with his murder.

Also read: Three guilty of murder in Seaview robbery

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