alldata:Who would want to be President Thabo Mbeki right now? His major headache will obviously be the problems he is having in the wake of the Schabir Shaik trial.
His party is divided over the issue of Jacob Zuma's future, with elements of the ANC alliance backing the deputy president strongly.
Then there must be serious concern about the "delivery protests" which recently flared up across the country.
And now news from the southern tip of the country, where Mbeki's chosen ruler has been deposed from the party leadership.
Western Cape Premier Ebrahim Rasool's loss of the party election for its provincial leadership was hardly surprising given the machinations of recent weeks.
But it is nevertheless startling that the ANC head office's attempts at intervention did not have the desired outcome of retaining him.
Rightly or wrongly, James Ngculu's ascension to the party chairmanship in the province will play itself out badly for the ANC come election time (as will the demographic composition of the Cape Town City Council's new management team).
But of more immediate and significance consequence are the implications for the province given that Rasool will be a premier without convincing support from his ANC constituency. In other provinces similar situations have proved highly disruptive.
Will this make him a "lame duck" premier, unable to follow through with programmes and initiatives?
Will that have consequences for the stability of both his government and the broader society, parts of which are already in revolt over the pace of delivery?
Rasool and the new ANC provincial executive need to cast aside the obvious divisions that gave rise to his ousting to ensure that service to the people is put first.
By Quinton Mtyala and Aziz Hartley
Saturday's defeat at the African National Congress provincial conference of Ebrahim Rasool in the contest for the chairpersonship of the party indicated a rise in "Africanism" and defiance by grassroots members of the party, say political analysts.
They believe faction voting led to the election of new provincial chairperson James Ngculu.
This was after the party's national leadership intervened by asking Mcebisi Skwatsha on the eve of the conference to stand down in his challenge for the provincial leadership of the party after months of mud-slinging between him and Rasool.
Months before the conference Skwatsha's camp claimed to have the support of five of the ANC's six regions, and there were reports that the Rasool camp had lobbied for support at regional conferences to head off his defeat at the provincial conference.
Even Truman Prince, the disgraced Central Karoo ANC strongman, is thought to have played a part in the election, as deputy provincial secretary Marius Fransman's apparent reluctance to be firm in disciplining him was seen by many as a sign that he was afraid Rasool might lose the support of the Central Karoo region in his attempt to remain provincial chairperson.
Institute for Democracy in South Africa (Idasa) political researcher Jonathan Faull said it appeared from voting results that there was a clear division in the ANC in the province.
"It seems people were voting along the lines of factions instead of personalities. The voting results clearly show a split down the middle," Faull said, with reference to the small margin by which James Ngculu beat Rasool.
Ngculu received 274 votes against Rasool's 259 from the 550 voting delegates at the party's fifth provincial conference.
"As a consequence it's going to be a challenge for the new leadership to reconcile these factions," said Faull.
He said the fact that ordinary voting delegates thumbed their noses at the national leadership of the ANC could be interpreted by some as a victory for grassroots democracy within the ANC.
"It remains to be seen whether we'll see it weaken the organisation or strengthen it," said Faull.
He said analysing the result as "Africanists versus coloured" would be very crude, as the make-up of the newly-elected provincial executive was hardly an "African bloc".
ANC national spokesperson Smuts Ngonyama said the party would not comment until it had received the full election results.
"We'll comment once we've received the full results of the conference. So far we only have the top five positions," said Ngonyama.
Robert Schrire, head of department of political studies at the University of Cape Town, said: "The bottom line is that although the ANC hierarchy had made it clear that they wanted Rasool elected as chairperson this is obviously a grassroots rebellion against the leadership of the ANC.
"It shows that the provincial ANC refused to be dictated to by Mbeki and now it is clear that the Western Cape ANC was following the lead of provinces like the Eastern Cape and Free State.
"What is also clear is that Mbeki will be annoyed, as he strongly supported Rasool."
Schrire said Rasool had been seen as effective in terms of service delivery and it was very hard to avoid drawing the conclusion that race played a part the elections.
"I don't think we'll see an improvement in service delivery, but Rasool will be more distracted from his work to focus on bringing about unity within the movement in the province.
"This will mean he will be hamstrung and will not be able to focus solely on delivery."
Schrire said that with ANC provincial secretary Skwatsha's withdrawal of his challenge for the chairmanship, delegates had wanted to find an alternative African leader.
"There has been little criticism of Rasool this was not a vote shaped by his failure as premier."
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CAPE TOWN
ANC will respect judicial independence - Mbeki
Fri, 10 Jun 2005
President Thabo Mbeki has assured incoming Chief Justice Pius Langa and his deputy Judge Dikgang Moseneke of the African National Congress' commitment to judicial independence.
"As Justices Langa and Moseneke assume their new responsibilities at the apex of our judicial system, we, the movement that led the sustained offensive to defeat injustice, tyranny and brutality, must assure them that we will, in word and deed, respect their right and duty to carry out their tasks as part of an independent judiciary," he said on Friday.
Writing in the ANC's online publication, ANC Today, Mbeki said: "Whenever we believe we have cause to criticise their decisions as well as those of the rest of the judiciary, we must undertake to do so in a manner that is ''fair and informed; that is in good faith; that does not impugn upon their dignity or bona fides; and above all that does not impair their independence''.
"We will also do so understanding that imperfection, including judicial imperfection, is inherent in all evolution, and that it is the essential energy which propels us to grow and mutate to new levels of intellectual and spiritual maturity," he said.
The ANC prided itself on its historic role as the leader of the struggle that led to the democratic victory.
It had a continuing and heavy responsibility to discharge its obligations as the principal architect of the evolving democratic order, and the leading combatant for the defence of the gains of the democratic revolution.
Those gains included genuine respect for the constitutional order, the guarantee of the independence of the judiciary, and the acceptance of the judiciary as an integral part of the South African community it served, able to function properly because it enjoyed the complete trust and confidence of the community.
"As they commence their duties, the new leaders of our judiciary, Chief Justice Langa and Deputy Chief Justice Moseneke, must know that we will respect the directive handed down by their former learned friend and comrade-in-arms, (former Chief Justice) Ismail Mohamed.
"As Ismail Mohamed directed, we will not, by undermining the independence of the judiciary, give space to ''the incremental and invisible corrosion of our moral universe, which is so much more menacing than direct confrontation with visible waves of barbarism'', to which we were victim during three-and-half centuries of colonialism and apartheid," Mbeki said.
Sapa
June 2, 2005
Washington: President Thabo Mbeki yesterday urged US President George Bush to deliver more African aid support, ahead of a G8 summit where the fate of a multibillion-dollar rescue plan for Africa will be decided. Bush, however, appeared not to budge.
"I'm afraid I'm going to create more problems for you, Mr President, because I'm going to ask for even more support," Mbeki said at a briefing with Bush. Bush smiled, and responded: "That's all right."
The US contribution to helping Africans achieve peace and security on the continent was "vital," Mbeki said.
"And we believe very strongly, Mr President, that the forthcoming G-8 summit in Gleneagles in Scotland has the possibility to communicate a very strong positive message about movement on the African continent away from poverty, underdevelopment, conflict," Mbeki said.
"And clearly, Mr President, in terms of the practical outcomes, your contribution to the practical outcomes of that G8 summit is critically important," Mbeki added.
Washington has been lukewarm to British Prime Minister Tony Blair's Commission for Africa, which calls for doubling aid with an extra $25 billion annually until 2010 and then, following a review, an extra $50bn per year.
Washington has said it cannot commit itself financially to any long-term proposal. "It doesn't fit our budgetary process," Bush told reporters flatly.
Bush added: "By the way, the thing I appreciate about the president is he understands it's a two-way street... Countries such as ours are not going to want to give aid to countries that are corrupt or don't hold true to democratic principles... That's where the president has played such a vital role, because South Africa has been a stalwart when it comes to democratic institution. - Sapa-AFP
The sacking of deputy president Jacob Zuma is a step in restoring faith in South Africa's young democracy, the Independent Democrats said on Tuesday.
"The president has finally walked the walk and we have seen some action," said ID leader Patricia de Lille.
The De Lille dossier must now be revisited, she said.
"The next step is for the enforcement agencies to go back to the De Lille dossier from where we have now seen two successful prosecutions - Tony Yengeni and Schabir Shaik - and the axing of the deputy president of the republic," De Lille said.
She called on the government to protect whistleblowers so more people can come forward with information of corruption.
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Washington - American President George Bush and South African President Thabo Mbeki on Wednesday voiced concern at the situation in Zimbabwe after a meeting at the White House.
"I brought up Zimbabwe. We're concerned about a leadership that does not adhere to democratic principles, and obviously concerned about a country that was able to, for example, feed ourselves (sic) now has to import food as an example of the consequence of not adhering to democratic principles," Bush said.
Bush said Mbeki "gave me a briefing, for example, of different ways that the people are trying to reconcile their differences of opinion within Zimbabwe, but it's a problem, yes".
Mbeki said that "the critical challenge, as I'm sure you are aware, is to assist people of Zimbabwe to overcome their political problems, their economic problems, problems of shortages because of the drought, and so what is really critically important is to see in what ways we can support the opposition party, the ruling party in Zimbabwe, to overcome the problems".
Bush has been critical of the Robert Mugabe regime and has adopted economic sanctions.
US Secretary of State Condoleezza Rice in April said the country's legislative elections were neither free nor fair.
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U.S. President Bush says he is continuing to support African efforts to end violence and hunger in Southern Sudan. Mr. Bush and South African President Thabo Mbeki also discussed the need for political and economic reforms in Zimbabwe.
President Bush says America is continuing to provide logistical support for African Union troops trying to keep the peace in Southern Sudan. Mr. Bush says he is working with NATO to help position those peacekeepers so relief supplies can reach hundreds of thousands of refugees in Darfur.
Following talks in the Oval Office, South African President Mbeki says that is just the sort of help African leaders want.
"Certainly from the African perspective, we would not say that we want deployment of U.S. troops in Darfur. We don't. On the continent, we've got the people to do this, military, police, and other so long as we get this logistical support," Mr. Mbeki said.
President Bush says the South African leader gave him a briefing on regional efforts to help end the political crisis in Zimbabwe, where Washington says April legislative elections were neither free nor fair.
"Obviously, we are concerned about a leadership that does not adhere to democratic principles, and obviously concerned about a country that was able to, for example, feed itself and now has to import food as an example of the consequence of not adhering to democratic principles," he said.
President Mbeki says he told Mr. Bush that African leaders are working with Zimbabwean President Robert Mugabe and opposition leaders to encourage them to look at changing the constitution and the legislature to create the political basis for a stable, democratic system.
"What is really critically important is to see in what ways we can support the opposition party and the ruling party in Zimbabwe to overcome their problems," he said. "And clearly one of the critically important things to do is to make sure that you have the political arrangements that address matters of the rule of law."
President Mbeki urged President Bush and other world leaders to address African development issues at next month's G-8 summit of leading industrial nations in Scotland, saying the meeting could deliver a very strong, positive message about moving Africa away from poverty, underdevelopment and conflict.
President Bush says he is working with European leaders to encourage democratic principles, rule of law and respect for human rights in Africa, but remains opposed to a European plan to boost development aid through aviation taxes or bond guarantees.
Asked about the international finance elements of British Prime Minister Tony Blair's Commission for Africa report, Mr. Bush told President Mbeki that the funding does not fit Washington's budgetary process.
By James Macharia
CAPE TOWN (Reuters) - The United States is willing to look for ways to fund a "Marshall Plan" for Africa even if it opposes Britain's plan for a new lending facility, South African President Thabo Mbeki said on Friday.
Mbeki, fresh from meeting President George Bush in Washington this week, told the World Economic Forum (WEF) Africa summit in Cape Town the U.S. leader was willing to help Africa, and Bush hoped commitments would be made at the G8 summit.
"The U.S. says, we don't agree on the IFF (British-proposed International Financial Facility) , but what we agree to is to generate funds using whatever mechanisms at its disposal," Mbeki told African business and political leaders at the close of their three-day summit.
"What President Bush has said is, give me the target (funding), but leave to me the matter of what method I will use to produce this outcome ... He (Bush) wasn't talking about it being too much money," Mbeki said.
Mbeki said he did not expect resistance to the idea to fund the recovery of Africa, close to half of whose nearly 700 million sub-Saharan population live below a $1 a day, but the debate was likely to centre around ways to pay for the effort.
The plan devised by British Prime Minister Tony Blair's Africa Commission seeks an extra $25 billion a year in aid until 2010 to help end widespread poverty and disease in Africa.
A central plank of the plan -- the IFF which would borrow against future aid pledges -- has drawn U.S. opposition.
SHOW OF SUPPORT
The Africa summit has said it hopes to use Blair's plan to lobby the G8 group of industrialised states to give more aid to Africa at the G8 meeting in Gleneagles Scotland next month.
About 350 business executives from more than 200 companies endorsed the plan, the WEF said.
Mbeki said Africa would place funding for peace and security on the Gleneagles agenda.
Blair has staked his reputation on helping the world's poorest continent during Britain's presidency of the G8 and the European Union this year, but his proposals have been dogged by discord among G8 nations on debt reduction and aid spending.
Mbeki said a plan to impose an international tax on jet fuel - an idea floated by French President Jacques Chirac - was yet another example that the G8 was keen to help Africa.
"Chirac is talking about taxes on jet fuel, the U.S. is talking of using its budget processes. I don't expect there will be conflict at Gleneagles over the need to help Africa," he said.
Mbeki backed Blair's blueprint, saying it responded to pledges already made by the G8 to Africa's New Partnership For Africa's Development (NEPAD), a home-grown rescue-plan, in 2002.
He said NEPAD's peer review mechanism -- where evaluators assess a country's governance record in the hope that positive ratings could lure foreign lending and investment -- would help guarantee that aid money is not misused.
The first reports under the voluntary scrutiny process, on Ghana and Rwanda, were expected to be ready this month, he said.
Niall FitzGerald, chairman of Reuters and co-chair of the WEF summit, told reporters peer review was central to Africa's future and that countries that ignored the review did so at their own cost.
"Those countries which have not yet signed up for that probably will be at the end of the line when it comes to getting the benefits of the projects to revitalise Africa," he said.
June 11 2005
Press Release - U.S. Department of State
The United States and South Africa "are committed to deepening the close bonds of cooperation and shared values of peace and prosperity," according to a joint statement released June 10 by U.S. President Bush and South African President Thabo Mbeki.
The release of the statement, which includes a list of "concrete steps" to be taken by the two nations over the next 12 months, follows a meeting between Bush and Mbeki at the White House June 1.
The joint statement pledges expanded U.S. cooperation with the New Partnership for Africa's Development, a program of action for the redevelopment of Africa conceived and developed by African leaders and implemented in October 2001, and intensified efforts to conclude a U.S.-Southern African Customs Union Free Trade Agreement.
Over the next 12 months, both nations also pledge to work with the African Union to promote development and good governance in Africa and to "work together toward strengthening the efforts of the Zimbabwe people to achieve peaceful resolution to that country's political and economic crisis."
The statement expresses support for the South African leadership in resolving conflicts in the Democratic Republic of the Congo, Sudan, Cote d'Ivoire and Burundi.
The United States and South Africa also will seek to enhance military cooperation, including training and equipping a South African battalion and establishing a joint training program to support the African Standby Force and peacekeeping initiatives throughout the continent.
The statement also cites deepened cooperation to end terrorism and the proliferation of weapons of mass destruction, as well as the initiation of senior-level consultations on human rights, particularly for women and children.
Washington - President Thabo Mbeki and his United States counterpart, George W Bush, voiced concern about the situation in Zimbabwe after meeting at the White House on Wednesday.
Bush said: "I brought up Zimbabwe. We're concerned about a leadership that does not adhere to democratic principles, and obviously concerned about a country that was able to, for example, feed ourselves (sic) now has to import food as an example of the consequence of not adhering to democratic principles."
Bush said Mbeki "gave me a briefing, for example, of different ways that the people are trying to reconcile their differences of opinion within Zimbabwe, but it's a problem, yes".
Mbeki said that "the critical challenge, as I'm sure you are aware, is to assist people of Zimbabwe to overcome their political problems, their economic problems, problems of shortages because of the drought.
"So, what is really critically important is to see in what ways we can support the opposition party, the ruling party in Zimbabwe, to overcome the problems."
Bush has been critical of the Robert Mugabe regime and has adopted economic sanctions.
US secretary of state Condoleezza Rice said in April the country's legislative elections were neither free nor fair.
Edited by Elmarie Jack
“The president is encouraged and believes this is a step in the right direction. It will go a long way towards the regeneration of the continent,” Mbeki’s spokesman Bheki Khumalo said at the weekend.
British Chancellor of the Exchequer Gordon Brown announced the debt write-off of $40bn in multilateral debt in London on Saturday after a two-day meeting of the Group of Eight’s (G-8’s) finance ministers.
Most of the 18 countries to benefit are in Africa.
“The write off is one of the key demands of New Partnership for Africa’s Development (Nepad),” Khumalo said, referring to Africa’s rescue plan.
Devised in 2001, Nepad aims at revitalising the continent’s ailing economy by attracting private investors with progress in conflict-resolution and improved transparency.
But Khumalo said the issue of debt required “even greater movement”.
“We need to move on issues such as a fairer trade regime and that of agricultural subsidies”, which were still biased in favour of the northern hemisphere, Khumalo said.
Three countries in southern Africa will benefit from the write-off; Madagascar, Mozambique and Zambia.
In Maputo, Mozambique welcomed the deal but said more effort was needed to increase aid and reduce trade imbalances.
Prime Minister Luisa Diogo said late on Saturday the southern African country would still have “a very small” amount of debt to other lenders.
“We can implement our programmes while we are paying debt. Before we couldn’t. We had to pay debt and we couldn’t do anything else,” she said. But while debt relief was a step in the right direction, it was also important to address other imbalances including trade, Diogo said.
Meanwhile, Archbishop Desmond Tutu urged officials yesterday to monitor the deal closely to ensure funds were not diverted by corrupt leaders.
Tutu welcomed the move as “a splendid start” but said the African Union (AU) must guarantee money was not misused.
“It’s so important that Nepad and the AU should begin to be quite serious about applying their review system to ensure that money that is going to be saved does in fact go to the people who most need it,” Tutu told BBC television news.
Tutu, who is on a speaking tour of the UK, said Africa had a long history of corrupt leaders, adding that western countries had supported many of them in the past. He said he hoped G-8 leaders would extend the debt write-off deal to cover about 62 countries that are heavily indebted. Sapa-AFP
Opinion & Analysis: Page 11
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Speaking during a joint sitting of Parliament to bid farewell to retiring Chief Justice Arthur Chaskalson, and welcome his successor, Judge Pius Langa, as well as his deputy, Judge Dikgang Moseneke, Mbeki said the leadership in the judiciary agreed in this regard.
Mbeki said Chaskalson was a “giant among the architects of our democracy. Long before assuming the office of Chief Justice, Chaskalson had worked hard to lay the foundation for a SA that would truly belonged to all who lived in it, unified in their diversity“.
“Among other things, the struggle we waged with Justices Chaskalson, Langa and Moseneke as our fellow combatants, was precisely about the convergence of the concepts of the law and justice, and therefore the need for an independent judiciary that would ensure that law and justice would not stand in opposition to each other, as they did in our country for many centuries.”
Chaskalson had dedicated his professional life to the defence of those who were “regarded as sub-human” during apartheid, and using the laws of the day, however deficient, tried to protect the rights of the poor and oppressed.
“Arthur Chaskalson’s lifelong work is a testimony to his belief in the inherent dignity of all people.
“Because of his refusal to give up when some of the best among us lost hope in the promise of a better future, he served as one of the experts that assisted in drafting our Constitution.” After assuming the office of President of the Constitutional Court, Chaskalson worked with distinction to restore the credibility of a judiciary that had been totally discredited in the eyes of the majority during the apartheid years, Mbeki said.
In welcoming Langa and Moseneke, Mbeki said South Africa faced continuing challenges with relation to the judiciary, principal among them being its transformation.
The issue of the role of the judiciary in a constitutional state with a history such as South Africa’s also continued to pose a challenge.
Mbeki said he believed the new leaders of the judiciary would help successfully respond to these challenges, as well as continue to create the space for these and other matters to be debated.
Democratic Alliance MP and justice spokeswoman Sheila Camerer said Chaskalson was an outstanding jurist of principle and dedicated to excellence, who during the eleven years he presided over the Constitutional Court, made an immeasurable contribution to the development of South African law and in particular to constitutional jurisprudence.
“It must be remembered that eleven years ago when he took over as president of the court, the guardian of our Constitution was merely a thing outlined on paper.
“Its eleven new judges were from diverse backgrounds and many had not previously been judges. It had no home, no jurisprudence.
“The sheer magnificence of what Arthur Chaskalson has achieved in building that institution is evidenced in the body of judgements, internationally acknowledged to include leading decisions particularly in the field on human rights; the vigorous independence of the court; the dedication of the judges who so manifestly work as a team...”
Camerer added it was a pleasure to congratulate Langa on his appointment, and the DA had great faith that he would be a worthy successor and outstanding leader of the judiciary.
All other parties in the House echoed these sentiments in their own tributes to Chaskalson.
Chaskalson thanked the speakers, saying he was overwhelmed at the kind words they had said about him. It had been an exceptional honour to be invited to speak at the joint sitting.
He believed South Africa had the capacity and the will to reach the goals of the Constitution.
Earlier, Mbeki presented certificates of appointment to Langa and Moseneke, after which Chaskalson handed over the robes of office to Langa, symbolising the change of leadership.
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Former president FW de Klerk has welcomed President Thabo Mbeki's "principled decision" to sack Jacob Zuma as deputy president.
"I particularly welcome the fact that President Mbeki based his decision squarely on the principles contained in the constitution and that he strongly upheld the independence of the judiciary," he said.
De Klerk voiced "great sympathy" for the difficult choice Mbeki had to make between an old and popular colleague and his duties in terms of the constitution.
"He chose correctly and in so doing greatly enhanced South Africa's international standing and the credibility of the role that he is playing in Nepad (the New Partnership for Africa's Development)." - Sapa
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June 10, 2005, 12:45
President Thabo Mbeki says the debate on the role of the judiciary in South Africa should never be portrayed as the intention to interfere with its independence.
The President was speaking during a special joint sitting of the two houses of Parliament welcoming Pius Langa, the new chief justice, and bidding farewell to Arthur Chaskalson, his predecessor.
Mbeki said there are many challenges facing the judiciary that need vigorous debate. He expressed the hope that the incoming chief justice and the rest of the judiciary will help create a space for debating issues like transformation.
The President also paid tribute to Chaskalson, describing him as a "giant among the architects of our democracy."
June 14, 2005
By Angela Quintal
Deputy President Jacob Zuma may have the people on his side, but President Thabo Mbeki has the country's supreme law and other legislation in his arsenal.
In terms of the constitution, the president appoints the deputy president and ministers, assigns their duties and may dismiss them.
He must appoint the deputy president from the national assembly.
The constitution makes it clear that the members of the cabinet and the deputy ministers must act in accordance with a code of ethics prescribed by the national legislation.
The constitution says they may not:
Use their position or any information entrusted to them to enrich themselves or improperly benefit any other person.
The law governing the conduct of ministers, deputies, premiers and MECs was adopted in 1998 and is called the Executive Members' Ethics Act.
The code provides for the president - after consulting parliament - to publish a code of ethics prescribing standards and rules aimed at "promoting open, democratic and accountable government" and with which cabinet members, deputy ministers and MECs must comply in performing their official responsibilities".
The Handbook for Members of the Executive and Presiding Officers contains the Executive Code of Ethics which "regulates probity in public life".
The code says members may not "wilfully mislead the president" or act in a way that is inconsistent with their position or use their position, or any information entrusted to them, to enrich themselves or improperly benefit any other person.
Under a sub-section headed "gifts", the Executive Code says that members may not solicit or accept a gift or benefit which is in return for any benefit received from the member in the members' official capacity or which constitutes improper influence on the member.
The code is also specific about which financial interests must be disclosed, including those that must be recorded in the confidential part of a register, such as a "members' liabilities".
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South Africa's popular deputy president, Jacob Zuma, was confronted with calls for his resignation yesterday after his former financial adviser and friend was found guilty of corruption in a case that has gripped the nation.
The verdict against Schabir Shaik, Mr Zuma's longtime associate, gravely damaged the deputy president's standing, according to analysts and legal experts, as well as his prospects of succeeding Thabo Mbeki as leader of the country.
Following the judgment, the National Prosecuting Authority said it was considering pressing charges against Mr Zuma. The main opposition party, the Democratic Alliance, tabled a motion of no confidence shortly after the verdict, demanding Mr Zuma's resignation. Two other parties also demanded that he quit.
Yesterday's judgment brought to a climax an eight-month trial, the most prominent of several corruption cases since South Africa reached majority rule in 1994.
The case centred on charges that Shaik paid Mr Zuma in return for government contracts and that he solicited a bribe from a French arms firm that would be paid to Mr Zuma, who would protect the company's interests in a multi-billion-dollar arms sale to the South African government.
Public interest was so great that the verdict was broadcast live on national television and radio. It took three days for Judge Hillary Squires to read out his 165-page verdict.
The judgment was damning, finding "not only convincing but overwhelming" evidence of a corrupt relationship between Mr Zuma and Shaik, who now faces a maximum sentence of 15 years in prison. Sentencing is expected today.
Shaik, once known as "the banker for the African National Congress" during the anti-apartheid struggle, was found to have paid Mr Zuma 1.2m rand (£109,000) in bribes from one of his companies, without the knowledge of shareholders.
The verdict was also harsh on Mr Zuma. Testimony showed that he was perpetually short of money and relied on Shaik to provide him with funds to build a luxury house, pay school fees and even give him 500 rand (£45) spending money at the airport.
"The evidence ... clearly shows a readiness in both Shaik to turn to Zuma for help and Zuma's readiness to give it," said Judge Squires, who added that Mr Zuma knew he would have to give something in return for the money.
"Instead of just stabilising the situation and managing Zuma's chaotic finances so debts could be paid off, Shaik made it possible for Zuma to continue living beyond his means without anyone knowing the quid pro quo he [Shaik] would ask for," said Judge Squires. "No sane or rational businessman would conduct his business on such a basis without expecting some benefit."
Mr Zuma did not face charges and was never summoned as a witness, but his name and financial affairs were mentioned almost as frequently as Mr Shaik. Legal experts said the judge's verdict directly implicated Mr Zuma.
The judge ruled that Shaik persuaded the French arms company Thint Holdings (formerly Thomson CSF) to pay a bribe of 500,000 rand (£45,000) a year to Mr Zuma. In return Mr Zuma was to promote the French firm's participation in a 30bn rand (£2.7bn) arms deal. Judge Squires declared that Mr Zuma knew all about the deal and had received one payment.
Mr Zuma, 63, is immensely popular among voters, particularly the trade union movement. But he is now likely to be regarded as a political liability by many in the ANC. Others in the party want to protect South Africa's image as a safe - and relatively honest - destination for investment.
"It's explosive for the deputy president," said constitutional law expert Pierre de Vos. "The facts are there to convict him."
Mr Zuma was on government business in Zambia yesterday and did not comment on the ruling.
The ANC gave a cautious welcome to the ruling, saying it showed "the maturity of our democracy". JACOB ZUMA was under intense pressure to resign as South Africa’s Vice-President last night after a court in Durban found a close associate guilty of corruption and fraud.
Opposition MPs called for Parliament to re-open its inquiry into a multi-billionpound arms deal at the centre of the case, threatening to expose corruption among the closest friends and most powerful clients of the ruling African National Congress.
Judge Hillary Squires, delivering his verdict at the end of the eight-month trial of Schabir Shaik, said that the businessman had facilitated a 500,000 rands (£41,000) annual bribe from Thomson-CSF, the French arms and technology company, for the Vice-President. The bribe related to securing for Thomson-CSF — which has since been renamed Thales — a slice of a controversial £5.2 billion deal to buy fighter aircraft, naval corvettes, submarines and helicopters from German, Italian, French, Swedish and British companies.
Mr Zuma is heir-apparent to President Mbeki and has widespread support among the organisations within the ANC.
Mr Zuma’s part of the deal with Thomson-CSF was, in his role as leader of parliamentary business, to block any inquiry into the arms deal and to promote the French company’s interests in Cabinet.
Before pronouncing Shaik guilty on three charges of fraud and corruption, including entering a corrupt relationship with Mr Zuma, Judge Squires said that the Vice-President had blocked a special investigation into the arms deal requested by Gavin Woods, the chairman of the powerful Parliamentary Public Accounts Committee.
Andrew Feinstein, an ANC MP and Mr Woods’s predecessor as chairman of the committee, had publicly accused Mr Zuma and three ANC Cabinet ministers of being corrupt beneficiaries of the arms deal. Mr Zuma responded by sacking Mr Feinstein from the committee. Mr Feinstein resigned from Parliament and went into exile.
The guilty verdict in the High Court in Durban was followed by calls for the resignation of Mr Zuma, the Acting President while President Mbeki is on an official visit to the United States. There were also demands that he now stand trial for corruption and fraud.
Tony Leon, leader of the official parliamentary opposition, the Democratic Alliance, said that the judgment “will dig the grave of Vice-President Zuma”.
ANC spokesmen said only that Mr Zuma would study the judgment before he made any statement.
Shaik was released on 100,000 rands (£8,200) bail and will return to court on Tuesday when his lawyers will offer arguments in mitigation of sentence. He faces a possible prison term of 15 years.
The Freedom Front Plus on Tuesday came out in support of President Thabo Mbeki's decision to sack Jacob Zuma as deputy president, describing the move as "brave and correct".
"It is extremely important at this juncture in the history of South Africa, where corruption in the public sector is increasing, a strong message against corruption is sent out," said FF+ leader Pieter Mulder.
He said the legal process, where one was innocent until proven guilty, was something totally different from the responsibilities of a person in a public office.
"The two cannot be equated with each other. The president had therefore acted correctly."
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Madame Speaker;
Chairperson of the National Council of Provinces;
Honourable Members;
Fellow South Africans:
Five days ago we assembled in this Chamber to pay tribute to Justice Arthur Chaskalson and the new leaders of our judiciary, Chief Justice Pius Langa and Deputy Chief Justice Dikgang Moseneke.
I wish to thank Madame Speaker, the Chairperson of the National Council of Provinces, leaders of all parties in Parliament and Honourable Members for the opportunity we all had to give expression to the profound esteem in which we hold our judiciary, as an important arm of our system of government and a central pillar of our statehood.
I am therefore greatly obliged to our Presiding Officers and the Honourable Members for giving me this opportunity to address another Joint Sitting of the Houses of Parliament so soon after we met in this form.
It was my view that we should once more assemble in this manner because of a matter that relates to the common sentiment we all articulated during the unique and pioneering occasion last Friday.
As Honourable Members would know, the primary function of the President of the Republic and the Executive is to regulate the nation's affairs in a manner that promotes the realisation of the ideals enshrined in our Constitution. Among others these include:
* building a society based on democratic values, social justice and human rights;
* ensuring that government is based on the will of the people and that every citizen is equally protected by law;
* improving the quality of life of all citizens; and
* building a united and democratic society enjoying its rightful place among nations of the world.
I believe that the Executive should at all times position itself diligently to discharge these responsibilities unencumbered by major distractions and deficiencies that might diminish this focus. It was for this reason that during the Debate on the Vote of the Presidency, I paid particular attention to the work we are doing to improve the capacity of government to meet its obligations to the people.
The Constitution enjoins the President in particular to "uphold, defend and respect the Constitution as the supreme law of the Republic; and promote the unity of the nation and that which will advance the Republic". It further prescribes that all spheres of government and all organs of state should "respect the constitutional status, institutions, powers and functions of government in the other spheres."
Among others, and relevant to the reason I requested this Joint Sitting, the Executive must discharge its responsibilities within the context of the rule of law, which includes respect for the integrity and independence of the judiciary and presumption of innocence of any person, pending findings of the courts. Similarly, we also have to respect decisions of our Parliament.
These obligations are expressly reflected as personal undertakings and are immanent in the Oath of Office for those taking up executive positions in government. They are especially important with regard to the President of the Republic, who, in terms of our Constitution, is the head of the National Executive and on whom the executive authority of the Republic is vested.
Shortly before I left for Chile last week on a state visit, the Government Communication and Information System (GCIS) announced that on my return I would study the judgement handed down by the Hon Mr Justice Squires of the Durban High Court at the end of the case of The State vs Schabir Shaik and Others, and announce such decisions as may be necessary arising from this Judgement.
I have since carefully studied the Judgement. I did this fully to inform myself about Justice Squires' findings, given the fact that the issue of the relationship between the Deputy President, the Honourable Jacob Zuma, and the accused had been canvassed during the trial.
In this regard, I must emphasise that I studied this Judgement not to make any determination whatsoever about its merits or demerits, about whether it was wholly or partially right or wrong. Indeed, such conduct does not fall within our constitutional mandate as the Executive. This task belongs to the higher courts, the organs of state that would hear any appeal that might be lodged.
Accordingly, any actions we may take arising out of Justice Squires' Judgement would arise merely from the fact that a court judgement exists, which our Constitution enjoins us to respect.
As Honourable Members would know, the judgement contains detailed matters of fact and inference against which penalties have been meted out. At the same time, proceedings pertaining to a possible appeal to higher courts are still pending. However, the Judgement contains some categorical outcomes.
These are that the court has made findings against the accused and at the same time pronounced on how these matters relate to our Deputy President, the Hon Jacob Zuma, raising questions of conduct that would be inconsistent with expectations that attend those who hold public office.
In this regard, I would like to emphasise two basic pillars of our jurisprudence, namely, equality before the law and the right to be presumed innocent until proven otherwise.
We are of the firm view that this principle applies to the Deputy President not merely as a matter of principle and common decency, but also in deference to the individual occupying such office and the service that he has rendered to the Republic and its people before and after the attainment of our liberation. Unambiguous as the judgement may be about an assumed unsavoury relationship, the Deputy President has yet to have his day in court.
Also, noting the fact that there are processes underway to lodge an appeal, we are obliged to allow the steady grind of the due process of law to run its course without let or hindrance, respecting the provisions of our Constitution in this regard.
Honourable Members:
As we reflect on these matters, we should also remind ourselves of the major issues, which were the original source of this trial.
Some three and half years ago, the Joint Investigation Team of the Auditor-General, the Public Protector and the National Directorate of Public Prosecutions completed its work and released to Parliament a report on the Defence Procurement Process. This Team came to the conclusion that:
"No evidence was found of any improper or unlawful conduct by the Government. The irregularities and improprieties ... point to the conduct of certain officials of the government departments involved and cannot ... be ascribed to the President or the Ministers involved in their capacity as members of the Ministers' Committee or Cabinet. There are therefore no grounds to suggest that the Government's contracting position is flawed".
With regard to matters of the cost of the Procurement, the Investigation Team concluded that:
"What was achieved by the Affordability Team and the International Offers Negotiating Team ... is unprecedented in the international credit market".
On each of the allegations of impropriety with regard to the primary contracts, in which government played a pivotal role, the investigators found that there were cogent technical and/or strategic reasons behind the decisions taken.
The Team identified some weaknesses in the procurement process, and made recommendations which are being followed up, the better in this regard continually to improve our work as government.
It also called for investigations on matters pertaining to secondary contracts, in which, though government may have formally played a role to ensure reliability and cost-effectiveness, the arrangements were essentially between the companies chosen as primary contractors and third party corporate sub-contractors.
We refer to this matter in some detail because we believe that it behoves all of us to recognise that the investigations that resulted in the court case that has just been concluded were not only recommended in that Joint Investigation Team Report, but were also supported by the whole of government, including the Hon Deputy President.
These further investigations do not contradict the fundamental conclusion about the integrity of the decisions of the government with regard to the Defence Procurement.
No facts were adduced during the trial in question and no findings were made that are inconsistent with the Report that the Joint Investigation Team submitted to Parliament, a report whose recommendations the government accepted.
Madame Speaker;
Having said all this, it remains for us to answer the question as to how we should respond to some of the issues raised in the Judgement handed down by Justice Squires.
It seems self-evident that, arising out of the judgement in the Durban Trial, there will be continuing legal processes in the higher courts. These processes will have a bearing on normal enquiries that the law-enforcement agencies may wish to undertake and on follow up that Parliament may embark on in relation to any of its Members.
The Executive will therefore await the outcome of these processes.
Both the Deputy President and I are acutely sensitive to the responsibilities we bear as prescribed by our Constitution. We understand very well that we should at all times act in a manner that seeks to "uphold, defend and respect the Constitution", as required by the same Constitution.
As I have already indicated, this includes, among other things, the need to "respect the constitutional status, institutions, powers and functions of government in the other spheres", to quote the Constitution once again.
We have had no precedent to guide us as we considered our response to the Judgement by Justice Squires. We have therefore had to make our own original determination on this matter guided by what we believe is in the best interest of the Honourable Deputy President, the Government, our young democratic system, and our country.
I am fully conscious of the fact that the accused in the Schabir Schaik case have given notice of their intention to lodge an appeal. I am equally aware that a superior court may overturn the Judgement handed down by Justice Squires.
However, as President of the Republic I have come to the conclusion that the circumstances dictate that in the interest of the Honourable Deputy President, the Government, our young democratic system, and our country, it would be best to release the Hon Jacob Zuma from his responsibilities as Deputy President of the Republic and Member of the Cabinet.
Necessarily, we will continue to monitor and respond to all developments in relation to this and other relevant legal processes.
Personally, I continue to hold the Hon Jacob Zuma in high regard, and I am convinced that this applies to most Members of Parliament. We have worked together under difficult and challenging conditions for thirty years. In this regard, I wish to thank him for the service that he has rendered as part of the Executive, at national and provincial levels, sparing neither strength nor effort to ensure that, with each passing day, we build a better life for all South Africans.
I am certain that I speak on behalf of all who have served with him in Cabinet when I say that we shall remain friends, colleagues and comrades in the service of the people. And, as government, we shall continue to draw on his experience and expertise where the need arises.
In due course, I shall announce the necessary changes in the Executive to take account of the void that the departure of Deputy President Jacob Zuma has created.
I thank the Honourable Members for their presence at this Joint Sitting of the Houses of Parliament and for the attention they paid to what we had to say to address a difficult situation.
I trust that what we have done today, and will do in future, together, will continue to strengthen our democracy, reinforce the accountability of those who hold public office, and deepen the confidence of the masses of our people in their elected representatives and our organs of state.
I thank you.
Edited by Tori Foxcroft
President Thabo Mbeki says he is inspired by United States President George Bush's determination to help ensure that the upcoming Gleneagles Group of Eight (G8) summit in Scotland will produce a positive outcome for Africa.
In his regular internet column on Friday, ANC Today, the president devoted his attention to Africa's liberation from colonialism and the success of forging a collective blueprint for its development and growth, the New Partnership for Africa's Development (Nepad).
Noting that the G8 highly industrialised countries have adopted their own programme of action to provide support for Nepad -- the G8 Africa Action Plan (AAP) -- Mbeki said it is "critically important" that everybody concerned should work together "very closely and seriously" between now and July to ensure that Gleneagles produces practical results expected by the people of Africa.
Mbeki, who met with Bush on Wednesday in Washington, said that in a joint statement following discussions with the US president, the parties said that they "reaffirm our joint vision for African economic growth and development, a vision built around the principles of good governance and accountability established both in the New Partnership for Africa's Development and the 2002 Monterrey Consensus.
"We also look forward to a positive outcome of the upcoming G8 summit, reaffirming the G8's commitment to support Africa's efforts to address the challenges and realise the opportunities the continent faces."
The president noted that the 2004 G8 summit meeting in Georgia in the US undertook a broad review of the Africa-G8 process to ensure that an implementation report to be tabled at the 2005 G8 summit will contain all the salient points highlighted by both Nepad and the G8 AAP.
He noted that these included debt relief and increased financing for development; increased access for African products into the markets of developed countries; diversifying the African economies; improving the governance capacities of African governments; implementing specific projects in the identified priority areas, including agriculture and infrastructure; and enhancing Africa's capacity to promote peace and stability on the continent.
"Quite correctly, therefore, the Africa commission established by United Kingdom Prime Minister Tony Blair focused on these matters. It gave specific indications of the resources that are required to move these forward.
"From the very beginning of the G8-Africa partnership, the partners accepted the principle of mutual accountability. Accordingly, both partners, and not just Africa, will have to report at Gleneagles as to what they have done to implement the agreed programmes," said Mbeki. -- I-Net Bridge
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President Thabo Mbeki has cancelled his trip to the G-77 Summit in Qatar in order to meet commitments in South Africa.
"The president will no longer be attending the G-77 summit in Doha, Qatar as he will be briefing parliament this afternoon and also giving a speech on June 16 in Kimberley," presidential spokesperson Bheki Khumalo said on Tuesday.
Mbeki is to address a special joint sitting of the National Assembly and the National Council of Provinces to "deal with issues arising from the judgment of Judge Hilary Squires" concerning the political future of deputy president Jacob Zuma.
"The president has never missed a national day since he took office and the June 16 function in Kimberley will be no different," Khumalo said.
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Johannesburg - African nations on Sunday saluted an agreement by the world's most industrial nations to write off debt owed by 18 of the world's poorest countries, but asked for "greater movement" on trade and agriculture to access world markets.
"It will go a long way towards the regeneration of the continent," said President Thabo Mbeki's spokesperson Bheki Khumalo.
The announcement of the $40bn debt write-off by British chancellor of the exchequer Gordon Brown came after a two-day meeting of the Group of Eight's (G8) financial ministers in London.
"The write-off is one of the key demands of the New Partnership for Africa's Development(Nepad)," said Khumalo.
Nepad aims to revitalise the continent's ailing economy by attracting private investors with progress in conflict resolution and improved transparency.
A feeling of satisfaction
Mozambican Prime Minister Luisa Diogo, whose country is one of 14 in Africa to benefit from the deal, said: "When we have external debt, it compromises our entire state and institutions."
Emerging from 16 years of brutal civil war, Mozambique is one of Africa's poorest countries. More than half of its 17 million population living on less than $1 per day.
Its government in 2002 launched a poverty reduction programme which allowed it to become one of the first countries to avail itself of debt waivers under the Heavily Indebted Poor Countries (HIPC) initiative of the International Monetary Fund (IMF) and the World Bank.
Request to scrap farm subsidies
Khumalo said:"We need to move on issues such as a fairer trade regime and that of agricultural subsidies", which are still biased in favour of the northern hemisphere.
African nations demanded the West scrap its farm export subsidies before a crucial World Trade Organisation (WTO) meeting that will shape the future of the global trading system.
Countries on the continent, around 40% of whose total exports are agricultural, have long demanded that the European Union (EU) and United States (US) do away with farm subsidies in order to allow them fair trade opportunities.
Analysts in Malawi, however, bemoaned the fact that it did not make it onto the list.
Malawi's new President Bingu wa Mutharika has launched an intensive drive against corruption since being voted into power last year.
The IMF and donor countries suspended more than $75m in aid in 2002 due to concerns over corruption and overspending during the rule of former president Bakili Muluzi.
Mali meanwhile said it was pleased with the G8 ministers' decision but insisted that the write-off must not lead to a cut in development aid for the country.
Economy and finance minister Aboubacar Traore said: "The G8 decision is all the more important for Mali as the debt owed to World Bank, the International Monetary Fund and the African Development Bank makes up about 60% of its multilateral debt, or €1.589bn, which will be written off."
Edited by Fidelia van der Linde
June 11, 2005
A former shirt factory worker was handed the chief justice's robes yesterday at a ceremony marking the appoint-ment of the first black South African to head a court system assailed by racism allegations.
President Thabo Mbeki, addressing a special session of parliament to welcome new Chief Justice Pius Langa and his deputy, Dikgang Moseneke, said the need for transformation persisted in a court system still dominated by white men.
"I believe that the new leaders of our judiciary will help us successfully to respond to these challenges," Mbeki said.
The cabinet is expected to consider proposals later this year to speed up the promotion of other races and of women in the court system.
Mbeki dismissed claims by opposition parties that plans to make the judiciary more reflective of South African society amounted to political interference.
He said that transformation "was precisely about . . . the need for an independent judiciary that would ensure law and justice would not stand in opposition to each other, as they did in our country for so many centuries".
Langa, 66, has been asked to head an investigation into ways of tackling racism and sexism in the judiciary. - Sapa-AP
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