Twitter storm is clouding the real issue - Zille

A message from Democratic Alliance Federal Leader Helen Zille:

Nobody could have predicted the storm that would be unleashed by my description on Twitter of those families that seek a better future for their children outside the Eastern Cape as “education refugees.” I certainly could never have imagined the furore that erupted.

It is necessary to set out the context in which I sent my tweet. As a result of protests at an overcrowded Grabouw school (where 600 additional learners arrived unexpectedly during the course of the first term) I was being hammered by Tweeple for allegedly not doing enough for black learners in the Western Cape. I responded (within the 140-character limit of Twitter):

“While ECape education collapsed, WC built 30 schools - 22 new, 8 replacement mainly 4 ECape edu refugees. 26 MORE new schools coming.”

The Western Cape Government’s school building programme to accommodate our poorest learners, many from other provinces, has been a major achievement of our term in office over the past two years. This is what I sought to convey. I had no inkling that people would latch onto one word to deflect the debate from the real issues.

As happens in these cases, much of the heat has been generated by distortions that are repeated so often that people come to regard them as the truth. Many people (especially my political opponents) have taken my tweet as evidence that I am a racist. Others have surmised that I must be against people moving to the Western Cape and that I want to prevent people from coming to the province. A few people, noting that my own family were refugees, have called me a hypocrite.

I would like to respond to all of these accusations.

Let me start by saying that a refugee, in its broad definition, is “someone who seeks refuge” because their rights are denied or suppressed where they live. There are different refugee categories. The United Nations defines a refugee as someone who seeks refuge across a national border (because that has implications for UN funding and other interventions). People who are forced to relocate within the borders of their own country because their rights are abused or denied are called “Internally Displaced Persons.” They are a refugee category – and their refugee status is becoming increasingly recognised internationally.  

There is absolutely nothing pejorative or racist in the word “refugee”. Indeed it is actually intended to be an affirmation of people and an indictment of the authorities that denied and trampled on their rights in the first place.

My parents were refugees (in the United Nations’ narrow definition of the word). Perhaps because I grew up in a refugee family, I don’t find the term insulting at all. For me, it evokes empathy for the struggle that people face in re-establishing their lives in a new place.  

Like most other refugees, my parents started out poor, and worked extremely hard to provide their children the opportunities they never had. My father began his working life as a manual labourer, and advanced to delivering bread, while studying at night. Eventually he started a small business. I never once heard him complain about his lot in life. My parents taught us to take responsibility and never to perceive ourselves as victims. Only as an adult can I sufficiently appreciate their guidance and wisdom. Much of this, I believe in retrospect, grew out of the fact that they were refugees. They were strong, principled, and never blamed their plight on others. They certainly weren’t “professional offence takers” or “insult seekers”.

Personally, I was not compelled to move to the Western Cape from Gauteng to secure my basic rights. I came because I had fallen in love and wanted to follow my heart. So I suppose I could be called a “romantic refugee”, one of a growing number world-wide. Whatever, I don’t consider the term an insult, in any form.  

In contrast, it is a profound insult, indeed a SCANDAL, that our education system, after 18 years of democracy, is now worse for many children than it was under apartheid. That is the core problem. And it is worse in the Eastern Cape than anywhere else. No amount of froth and bluster will disguise it.

Many people are displaced in South Africa, not as a matter of choice, but because they cannot secure basic rights where they live, such as the right to a decent (compulsory) school education. What is to become of the pupils who previously attended some of the 300 schools in the Eastern Cape that closed this week because they are so dilapidated? This human rights abuse is an outrage when one learns that the Eastern Cape Department of Education spent only 28% of its infrastructure budget (in contrast the Western Cape spent 99,5%) in this financial year. My critics should be railing against incompetent provincial governments that force their children to become education refugees in order to secure their basic constitutional rights elsewhere.

I have come to the conclusion that the bizarre outrage directed at my use of the term “refugee” is because many people conflate the word with “foreigners”. Because South Africans are generally so profoundly xenophobic, they regard this as an insult. That is the underlying issue here. And it is another component of the real scandal that very few commentators care to notice.

When this red herring has been tossed to death in this teacup storm, we can get down to focusing on the real issue: the fact that so many children are denied the right to the basic education guaranteed in our Constitution. That is the real scandal. The Western Cape and Gauteng (and to a lesser extent KwaZulu-Natal) already pick up this responsibility on behalf of other provinces, and we could do a great deal more if we were allocated the funds that are currently poured down the bottomless pit of the Eastern Cape and Limpopo’s corruption-plagued governments, where they don’t have the capacity to identify “ghost schools”, let alone “ghost teachers”.

This is the real insult to South Africans.  And we will counter it by doing what refugees have always done: by building a life in a new place, with opportunities not only for our children and grand-children, but for everyone.

Helen Zille

Lack of engineers in municipalities is retarding infrastructure development

At least nine municipalities in the Eastern Province do not have Technical Directors or City Engineers in their service.

This represents one fifth of the 45 municipalities in the province.

This problem is contrary to the government commitment to emphasise, prioritise, enhance and develop infrastructure delivery and to be a catalyst for growth of the real economy throughout the country this financial year.

Municipalities are unattractive work places for aspiring engineers. Generally, engineers are not keen to work for municipalities due to working conditions and remuneration packages which are more attractive in the private sector.

DA MPL Dacre Haddon will be asking the MEC for Local Government, Mlibo Qoboshiyane, that his department do a thorough analyses of the engineering situation in our municipalities and whether the infrastructural plans for the next Medium Term Expenditure Framework-period (MTEF) can be undertaken with the current engineering strength in our municipalities.

Included in this survey we also wish to ascertain what steps have and are being taken to attract graduate and other professional engineers to municipalities.

Perhaps one thing we could consider would be a uniform policy of scarce skills allowances across the province in each municipality if this is feasible. Another scheme is to develop mentorship programmes and experiential working for engineering graduates on a sustained basis in every municipality. These and other issues like succession planning need to be confronted if this province is to attract high calibre engineers into all our municipalities

In reply to a parliamentary question, Haddon was informed municipalities without engineering expertise were Nelson Mandela Metro, Cacadu District Municipality, Sundays River Valley, Blue Crane Route, Kouga, Ikwezi, Tsolwana, King Sabata Dalindyebo and Ntabankulu.  For the reply, click here. From personal experience I also know that Buffalo City is also lacking engineering expertise.

Furthermore, with severe problems with water supply and dysfunctional sanitation services in municipalities, the lack of adequate engineers are having a detrimental effect on the quality and efficiency of these and other related services.

This is a critical problem that needs immediate attention.

Failure to adequately address this shortage of engineers will have severe consequences for current and future economic growth, job creation and service delivery in the province for the foreseeable future.

Poor municipality's million-rand man

The political adviser for one of the country's poorest municipalities earns R1m a year, but nobody, including the man himself, can explain what his job entails.

Zama Mzamane is the political adviser to Mayor Dingaan Myolwa in the OR Tambo District Municipality in the Transkei region of the Eastern Cape. National Treasury salary data show that Mzamane earns a total package of R1 180 860 a year. He is also a rare breed. In nearly 7 000 records of senior council jobs and pay from the Treasury, Mzamane is the only “political adviser” listed.

The municipality is considered by the Treasury to have been “financially dysfunctional” over the past two financial years and received an adverse audit opinion for 2010/11.

City Press reported that they tried to contact Mzamane several times to ask him what he did and for further details of his salary package. But he refused to comment and demanded instead that City Press’s report should reveal similar details in return. “Send me the questions and also state how much you earn and what your job is,” he said. When told that as a public official he was obliged to answer questions relating to his position, he disconnected the call.

“Stop pestering me. Leave me alone, you child,” he said in a follow-up call. He then refused again to answer questions.

Mzamane is a former OR Tambo council chief whip and currently a local ANC executive committee member.

The council’s last annual report shows that his package includes a R70 000 a year car allowance and a R2 000 a month cellphone allowance. His salary package is slightly less than OR Tambo’s municipal manager, who earns R1 265 760 a year - more than what some managers of major Metros earn.

He earns more than the director of legal services (R1 068 150), the head of the internal audit (R1 064 900) and other senior positions. (these are also much higher than the norm at most municipalities).

A call to council speaker Nomakhosazana Meth about Mzamane’s position was answered with loud laughter. “No, I don’t know what his position entails either. Maybe you should ask him.” She referred all questions to Mzamane.

Mayor Myolwa asked that questions be sent to him using Mzamane’s e-mail address, but when contacted, he claimed not to have received them.

Why such a position even exits is questionable, as the municipal manager should be the one advising the mayor on issues of the municipality or any other guidance the mayor might need. 

Reference: City Press 

SCA judgment a victory for constitutional democracy

The judgment handed down today in the Supreme Court of Appeal is a victory for our constitutional democracy and for every South African.

In upholding the right of the Democratic Alliance to challenge the National Prosecuting Authority’s decision to withdraw the corruption charges against Jacob Zuma, the judgment confirms that our justice system is currently strong enough to withstand political pressure.

This judgment is of seminal importance for three reasons.

Firstly, it confirms that a decision to discontinue a prosecution is reviewable by the courts. This is a fundamental check and balance to prevent power abuse in our prosecuting authorities and to protect the criminal justice system from political manipulation.

As the judgment notes:

“In fulfilling the constitutional duty of testing the exercise of public power against the Constitution, courts are protecting the very essence of a constitutional democracy. Put simply, it means that each of the arms of government and every citizen, institution or other recognised legal entity, are all bound by and equal before the law. Put differently, it means that none of us is above the law. It is a concept that we, as a nation, must cherish, nurture and protect. We must be intent on ensuring that it is ingrained in the national psyche. It is our best guarantee against tyranny, now and in the future.”

Equality before the law is a principle that the Democratic Alliance will fight to uphold in this case and any other case in which we suspect that power has been abused. The future of every South African depends on it.

Secondly, the judgment affirms that the DA has the legal standing to bring this review application on the grounds that:

“All political parties participating in parliament must necessarily have an interest in ensuring that public power is exercised in accordance with constitutional and legal prescripts and that the rule of law is upheld. They represent constituents that collectively make up the electorate. They effectively represent the public in parliament.”

The judgment went on to say:

“It clearly is in the public interest that the issues raised in the review application be adjudicated and, in my view, on the papers before us, it cannot seriously be contended that the DA is not acting, genuinely and in good faith, in the public interest.”

This was in stark contrast to the arguments advanced by the opposing advocates that the DA had simply brought this action to score political points. The judgment confirms that the DA, like any other political party, has the right (and, we contend, the duty) to bring legal actions in the public interest and in defence of the Constitution.

Thirdly, the judgment held that the National Prosecuting Authority must make available the requested record of decision it used when the then Acting National Director of Public Prosecutions (NDPP) Mokotedi Mpshe made the decision to drop the charges against Jacob Zuma. Furthemore, the SCA ruled that the NPA “will be obliged to make available whatever was before Mr Mpshe when he made the decision to discontinue the prosecution.”

The importance of this evidence to the outcome of this review application cannot be overstated. The record of decision will shed light on whether Mokotedi Mpshe made the decision to withdraw the prosecution on rational/legal grounds or whether he made the decision based on political considerations. Time will tell.

The Supreme Court’s judgment to uphold our appeal was emphatic and unanimous in all the legal issues before it. We have now secured the foundation from which to challenge the NPA’s decision in the North Gauteng High Court.

We know that this is the first step on a long journey. We expect President Zuma and the NPA – with the financial muscle of the state behind them – to use every legal trick in the book to delay, stall and sidetrack proceedings in an attempt to win time for Jacob Zuma to serve two terms as President.

If anything is acting in bad faith against the people of South Africa, it is this.

Whatever challenges lay ahead, the DA remains committed to fighting this case in the interest of all South Africans and in defence of the Constitution. If we can stop political meddling in our criminal justice system in its tracks, we will make our constitutional democracy stronger so that all citizens are equal before the law.

Helen Zille, Leader of the Democratic Alliance
20 March 2012

Time ANC rid itself of questionable leaders

In Buffalo City ex-mayor Zukiswa Faku won the election to lead the ANC in the greater East London region, while Former Msunduzi deputy mayor Alpha Shelembe was announced as the new chairman of the Moses Mabhida region (Pietermaritzburg). I’m worried about the future prospects of SA as we are increasingly seeing people of questionable character win these positions.

Faku was dumped as mayor in 2011 following a tumultuous political career dogged by allegations of corruption and maladministration. Last year, she was implicated in a forensic report by audit firm Ernst & Young which uncovered the mismanagement of funds totaling R2-billion during her term as mayor.

Shelembe is currently facing charges of corruption, fraud and money laundering. It is alleged that he played a role in the selling of a building to the district municipality at an inflated price. Last year, he resigned as the ANC regional treasurer and deputy mayor after allegations that he had a hand in the burning down of the ANC's offices there. He was later acquitted on the charge of arson.

Despite their questionable and chequered past, the two were toasted and celebrated in their respective constituencies as worthy leaders of the ruling party.

The ANC acknowledges that it faces a "crisis of credibility", but continues to elect questionable leaders, who will by virtue of their possessions become leaders of the country. No assessment of candidates vying for leadership positions is done. Instead, factionalism and vote-buying often determine the outcome of elections – all to the detriment of South Africa.

DA Comments on BCMM's Annual Report

Democratic Alliance Buffalo City

Input to Municipal Public Accounts Committee – Annual Report 2010/11

1.     Challenges on Basic Service Delivery

1(a)        Water:

Water availability and quality remains an ongoing challenge for the municipality. Attention must be drawn to the municipality’s inability to meet its stated targets due to poor planning and expenditure. The municipality’s ability to monitor water losses through telemetry also leaves much to be desired: water losses continue for weeks due to broken pipes, leaks and poor monitoring.

Lastly, the availability of storage and conveyance infrastructure requires urgent attention. The stress placed on the Upper Buffalo Regional Water Services Scheme and its inability to meet the needs of communities on the East Coast cannot be underemphasized. Additional storage and conveyance infrastructure must be prioritized.

1(b)        Electricity:

The biggest issue facing the municipality’s ability to deliver electricity is its maintenance and upgrading of existing infrastructure. This needs to be prioritized before new electrification projects are undertaken. It is no good electrifying hundreds of houses, if our existing infrastructure and reticulation is unable to support the demand.

Availability of purchase points for pre-paid electricity must also be addressed as a matter of urgency. Currently, Buffalo City is the only metro where one is unable to purchase electricity online, and the scarcity of points of purchase (particularly in Mdantsane) is unacceptable.

The recommendations of the Status Quo Assessment must be implemented immediately.

The Democratic Alliance is pleased with the implementation of the street lighting projects, as this goes a long way towards a safer city.

Urgent attention must be given to attraction and retention of skilled staff – particularly electrical engineers.

 Enforcement actions against illegal users (izinyoka) must be taken – including disconnection and fining. Closer co-operation with BCMM Law Enforcement is vital in this regard.

1(c)        Sanitation:

Similar to Electricity, insufficient budget is being made available to the Sanitation Department to maintain and upgrade existing infrastructure, before adding additional demand to an already overburdened system.  In addition, urgent attention must be given to the waste water treatment works to ensure that they are properly maintained, efficiently managed and operated, and are fully compliant with the relevant legislation/regulations.

1(d)        Road Maintenance:

While numerous highlights are shown in the Annual Report, this does not reflect a balanced and objective analysis of the real situation in Buffalo City. Numerous complaints are received daily about the poor condition of the roads, the lack of pothole maintenance, and the seeming inability of BCMM to address these conditions with any degree of urgency.

This section of the Annual Report should be rejected due to its non-conformance with reporting standards. It fails to highlight measurable departmental objectives, or state how the department has performed in achieving those objectives.

1(e)        Waste Management:

Anyone who has spent any time at all in Buffalo City will know that the nickname “Slummies” is well-deserved! Our city looks like a dump site, and contrary to the comments in the Annual Report, street sweeping and refuse collection appears to be a haphazard affair.  Other metro municipalities utilize a round-the-clock shift system for this purpose, and work closely with Law Enforcement to minimize littering. This needs to be addressed critically, if BCM is to recover its standing as an investment destination.

Landfill management is equally problematic. There appears to be little effort on the part of the municipality to encourage recycling, the landfill sites are permitted to burn uncontrolled, and security at these sites is laughable. The Second Creek and Round Hill sites must be given particular attention, as these are impacting on the health and wellbeing of neighbouring residents.

The Democratic Alliance also seeks further input on the rehabilitation and licencing of landfill sites.

1(f)         Housing & Town Planning:

 Several issues stand out in this department:

·         Inadequate/mismanaged identification and verification of beneficiaries

·         Slow pace of development (in particular EIA process – we need to lobby the Provincial Government to fastrack housing EIAs!)

·         Extremely slow progress in transferring title deeds to beneficiaries

·         Inadequate/improper communication between department and beneficiaries

·         Political interference in the housing function

·         Quality control of building contractors

From a town planning perspective, the major issue appears to be the delay in processing requests from the public, with some taking as long as two years!

1(g)        Public Transport:

The Democratic Alliance is extremely concerned about the slow pace of progress on the Bus Rapid Transport system. In addition, better management of public transport facilities must be addressed (especially taxi ranks and stop-offs!) In this regard, recent developments at the City of Cape Town should be investigated – specified large taxi ranks have had a dedicated Metro Police unit established there specifically to improve passenger safety and security, reduce criminal activity, address the roadworthiness and licensing of vehicles, minimize littering and generally improve the experience of passengers.

2.     Internal Operations

2(a)        Human Resources:

As has been communicated on numerous occasions, the DA is extremely concerned at the delays in appointing senior officials on a permanent basis. Examples of this include the City Manager, Chief Financial Officer and several senior manager level appointments.

Ongoing absenteeism and ever increasing overtime are indicative of poor supervision and management. Urgent steps need to be taken to ensure attendance and to provide a better shift system in order to reduce overtime.

Urgent consideration must be given to attraction and retention measures, such as scarcity allowances for certain designated posts.

2(b)        Performance Management:

Contrary to the requirements of legislation, Buffalo City’s performance management system is dysfunctional, with no clear objectives for individuals, limited monitoring and evaluation, no performance management policy,  and no-one taking responsibility for the problem.

3.     Economic Development

3(a)        Tourism:

Buffalo City is rapidly losing its lustre as a tourism destination. This is due to a number of factors, not least the rapidly deteriorating infrastructure, poor sanitation and the termination of Tourism Buffalo City and the Buffalo City Development Agency. No significant steps have been taken to address these issues, and the longer they are allowed to persist, the less likely it is that BCMM will regain its former attraction.

3(b)        Local Economic Development:

Too many LED projects are unsustainable, with no business plans, and seeking short term employment for the lucky few.  BCMM needs to relook its LED model to seek to create an enabling environment where businesses wish to invest and employment is created through private sector initiatives. The municipality must  move away from the hand-out mentality it currently employs as LED.

4.     Financial Management

The DA has repeatedly expressed its concerns over the poor financial management in the municipality, and this has been borne out by the adverse audit opinion issued by the Auditor General. Contrary to the belief in the ANC, this is not an improvement! It indicates material misstatements and incomplete records. Fruitless and wasteful expenditure exceeded R349 million. The Ernst & Young report (the recommendations of which, although adopted as resolutions of council, still have not been implemented!) covers much of the same timeframe and identifies approximately R2 billion of unauthorized, irregular, wasteful and corrupt tenders.

Digging deeper, this malaise can be attributed to:

1)      A lack of oversight by the Council

2)      A lack of political will to ensure clean government

3)      Poor supply chain management practices

4)      Incompetent/incapable staff

5)      No permanent Chief Financial Officer and no permanent Accounting Officer (City Manager)

In fact, the DA attempted to move a motion to address some of these issues, but the debate was stifled by the council’s speaker.

Contributing to BCMM’s financial situation is its inability to collect revenue timeously, and its inability to properly plan and spend its budgets. This is particularly concerning when one considers that the bulk of capital expenditure is funded by grant funding!

Statement prepared by DA BCMM Caucus Spokesperson, Cllr Kevin Mileham.