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You are here: Home / Archives for law

law

11 April 2024

IEC publishes final candidate lists for upcoming elections

Location: News

IEC publishes final candidate lists for upcoming elections

The Electoral Commission of South Africa (IEC) has released the final lists of political parties and independent candidates that will appear on the various ballot papers in the upcoming National and Provincial Elections. 

The IEC published the lists on its website on Wednesday, and has made them available at all of its offices.

According to the election management body, a new and historic feature in National and Provincial Elections (NPE) 2024 is that independent candidates will contest for seats in the National Assembly and provincial legislatures.

This is after President Cyril Ramaphosa assented to the law enabling the participation of independent candidates in April 2023.

Six independent candidates will contest for seats in the National Assembly and six will contest the provincial legislature elections. 

Meanwhile, the Electoral Code of Conduct has been in effect since the 23 February proclamation of the election date.

On 4 April, the IEC held a special ceremony, where all national contestants publicly pledged to adhere to the Electoral Code of Conduct, as well as to get their members and supporters to act in a manner that is consistent with the code.

Provincial pledge signing ceremonies at the provincial level will take place in the coming weeks.

South Africa will hold its General Election on May 29, which marks the country’s seventh democratic election.

Here is the link to the final candidate lists for the 2024 NPE:  https://www.elections.org.za/pw/parties-and-candidates/candidates-list. – SAnews.gov.za
 

Gabisile
Thu, 04/11/2024 - 10:52

782 views
Read moreIEC publishes final candidate lists for upcoming elections
11 April 2024

Assaults on learners: Appeal court says tougher sanctions must apply to teachers

Location: News

Two teachers were given an inappropriately small fine by the South African Council for Education and left to continue teaching

Read moreAssaults on learners: Appeal court says tougher sanctions must apply to teachers
10 April 2024

Elections 2024: What the major political parties say about Israel, Russia and the DRC

Location: News

We sent questions questions on foreign policy to the ANC, DA, EFF, IFP, FF Plus, ActionSA, PA, MK Party and RISE Mzansi

Read moreElections 2024: What the major political parties say about Israel, Russia and the DRC
10 April 2024

Sexual harassment in the courts is an open secret

Location: News

But the Chief Justice has still not taken steps to deal with it

Read moreSexual harassment in the courts is an open secret
9 April 2024

SA’s democracy restored the dignity of millions

Location: News

SA's democracy restored the dignity of millions

South Africa's democracy has restored the dignity of millions of South Africans and changed the lives of its citizens for the better, says Minister of Sport, Arts and Culture Zizi Kodwa.

Addressing the launch of national Freedom Month in celebrating 30 Years of Democracy, the Minister urged South Africans to acknowledge the remarkable progress made since the dawn of democracy in 1994 as the country commemorates this significant milestone.

“Our journey has been marked by monumental achievements; from the dismantling of apartheid to the establishment of a constitutional democracy founded on the principles of equality, justice and human rights.

“We have witnessed the triumph of hope over despair, and the resilience of the South African spirit in the face of adversity.

“From inheriting a divided country, with gross inequalities in every aspect of life, we have done much to bridge this divide. We are also aware that there is much more still to be done, as the injustices and imbalances caused by apartheid could not all be resolved within 30 years,” Kodwa said on Tuesday at the Freedom Park and Museum Amphitheatre in Pretoria.

He highlighted the progress that has been made in the democratic South Africa as stated by President Cyril Ramaphosa when he delivered the State of the Nation Address in February.

“Our economy is today three times larger than it was 30 years ago. The number of employed South Africans increased from eight million in 1994 to over 16.7 million today. According to Census 2022, 88.5 percent of people in the country now live in formal housing, compared to 65 percent in 1996.

“South Africa’s social protection policies and programmes have been implemented to reduce poverty and vulnerability. South Africa has the most extensive HIV treatment programme in the world, which continues to save millions of lives.

“In sport, our transformation programmes are being implemented, as you see in our champion teams, such as the Springboks, whose players are truly representative of the nation they represent,” the Minister said.

As the country celebrates its successes, the Minister emphasised that the challenges that lie ahead should be confronted.

“Despite the progress we have made, we cannot ignore the persistent inequalities that continue to plague our society. Economic disparities, social injustices, and systemic barriers still hinder the realisation of our collective aspirations.

“We cannot claim true freedom and democracy until every South African, regardless of race, gender, or socio-economic status, enjoys equal opportunities and access to basic services.

“As custodians of this democracy, it is our duty to address these inequalities and to build a more inclusive society where every individual can thrive and fulfil their potential,” he said.

Three decades ago, South Africa embarked on a journey that fundamentally transformed the fabric of society, a journey that was paved with sacrifices, struggles, and unwavering determination.

On 27 April 1994, a large majority of South Africans stood in long queues to vote in democratic elections for the first time.

"Our road to democracy required untold sacrifice, and many paid the ultimate price for us to be free. The sacrifices made to bring that day to fruition live within our hearts and minds, therefore we will always be indebted to those who went before us.

"The freedoms we enjoy were built on the backs of heroes at home and abroad. We truly stand on the shoulders of giants, their legacy is our freedom, and we must honour it by continuing to build a just and equal society," the Minister said.

He said the gains of democracy stand in opposition to fascism, gender-based violence and femicide (GBVF), lawlessness, crime, inequality, corruption and other social ills.

Celebrating the constitution as the supreme law

This year, South Africa also commemorates the 28th anniversary of the enactment of the Constitution as the supreme law of the country.

“Our rights are protected under our constitutional democracy, which promotes inclusivity, equality, non-racialism, non-sexism, national unity, social cohesion, justice and diversity.

“In celebrating 30 years of freedom and democracy, we must also reflect on the values that have guided us thus far; reconciliation, unity, and nation-building. It is only through a commitment to these principles that we can overcome the divisions of the past and forge a common future based on mutual respect and understanding.

“As we navigate the challenges of the present and the uncertainties of the future, let us draw strength from the lessons of our past and the resilience of our people,” the Minister said.

Kodwa called on the nation to once again remind the world about the importance of democracy and freedom.

“Let us recommit ourselves to the ideals of freedom and democracy that have defined our nation for the past three decades. Let us strive to build a South Africa that is truly united in its diversity, where every citizen is empowered to contribute to the advancement of our society. And let us never forget the sacrifices of those who came before us, who fought and died so that we may live in freedom and dignity,” he said. – SAnews.gov.za

nosihle
Tue, 04/09/2024 - 13:15

399 views
Read moreSA’s democracy restored the dignity of millions
9 April 2024

Constitutional Court: where are the judgments?

Location: News

The Court has not delivered a single judgment this year

Read moreConstitutional Court: where are the judgments?
9 April 2024

Elections 2024: What the major political parties say about sex work

Location: News

We sent questions to the ANC, DA, EFF, IFP, FF Plus, ActionSA, PA, MK Party and RISE Mzansi

Read moreElections 2024: What the major political parties say about sex work
8 April 2024

SA welcomes resolution on human rights situation in occupied Palestinian territory

Location: News

SA welcomes resolution on human rights situation in occupied Palestinian territory

South Africa has welcomed the adoption of a United Nations Human Rights Council (UNHRC) resolution regarding the occupied Palestinian territory, including East Jerusalem.

According to reports, the resolution covers the rights of the child and inclusive social protection; the right of the Palestinian people to self-determination; human rights in the occupied Syrian Golan, and Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and the occupied Syrian Golan.

The resolution called for ensuring accountability and justice. It was passed with 28 of the council’s 47 Member States voting in favour, 13 abstentions, and six against.

The countries that abstained from voting on the resolution were Albania, Benin, Cameroon, Costa Rica, the Dominican Republic, France, Georgia, India, Japan, Lithuania, Montenegro, the Netherlands, and Romania.

The Department of International Relations and Cooperation (DIRCO) has since described the move as “historic”. 

“This is the very first time that the UNHRC has taken action on the unprecedented human tragedy taking place in Gaza, where at least 32 975 Palestinians have been killed, including more than 14 500 children, since Israel launched its onslaught over 180 days ago,” the statement read on Monday. 

In calling for accountability and justice, the department said the resolution emphasises the need to ensure that all those responsible for violations of international humanitarian law and international human rights law are held to account. 

It also highlights the need to ensure the provision of an effective remedy for all victims and the need to pursue practical steps to prevent future violations and international crimes. 

The department stated that the resolution acknowledges the significance of the order issued by the International Court of Justice (ICJ) regarding provisional measures in the case brought by South Africa against Israel concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide.

South Africa, the department said, believes that it is only through ensuring accountability and justice that the impunity accorded to Israel that has entrenched the ongoing unlawful occupation can finally be brought to an end. 

“It, therefore, remains crucial that Israel respects and implements the ICJ’s orders, together with United Nations Security Council resolution 2728 (2024) demanding an immediate and lasting ceasefire, which resolution A/HRC/L.30 will no doubt contribute to its securing.” 

During the debate on the resolution, South Africa’s Permanent Representative, Ambassador Mxolisi Nkosi, stated: “The international community can no longer choose to apply a parallel system of international law to Israel, nor can we be complicit in facilitating its actions. For international law to be credible, it must be uniformly applied and serve the victims designed to protect.” – SAnews.gov.za

Gabisile
Mon, 04/08/2024 - 10:04

581 views
Read moreSA welcomes resolution on human rights situation in occupied Palestinian territory
8 April 2024

Woman sentenced for R16m theft

Location: News

Woman sentenced for R16m theft

Lizette Marielle Steyn, 56, has been sentenced to at least 12 years imprisonment after being found guilty of 85 counts of theft.

The former Finance and Administration Manager of AgriCAD was sentenced in the Pretoria Specialised Commercial Crimes Court.

National Prosecuting Authority spokesperson Lumka Mahanjana explained that Steyn was arrested in July last year.

“Steyn was employed by AgriCAD [and her] responsibilities, amongst others, were to load the creditors for payment on the business bank account monthly and do the day-to-day bookkeeping and accounting. As such Steyn had full access to the AgriCAD ABSA bank accounts.

“During her employment, Steyn would change the details of one of the AgriCAD ABSA bank accounts and replace it with her six different personal Capitec accounts.

“From 27 October 2020 until 09 May 2023, 85 different payments of over R16 million for the company were paid into her personal bank accounts. With the funds, Steyn installed solar panels in her house and bought luxury items, a caravan, and a vehicle for her son-in-law. She also paid for her daughter’s wedding, and her family’s weekends away and holidays,” she said.

Mahanjana said Steyn pleaded guilty to charges against her and explained that she “stole the money to pay debts because her husband lost his job”.

The thief then asked the court to consider leniency upon sentencing due to her ill-health and the fact that she is a first time offender.

“However, the prosecutor, advocate Rachelle van der Walt, argued that as much as Steyn was a first-time offender, her offences were committed over three years. Furthermore, Steyn was in a position of trust, her employer trusted her, but she betrayed that trust and was not hesitant to hide her dishonest conduct.

“She opened Capitec accounts in her name which she used to receive the stolen money for luxurious items and extravagant lifestyles. Therefore, Adv van der Walt asked the court to consider long-term imprisonment when imposing the sentence.

While delivering the sentence, Magistrate Ignatius du Preez said Steyn was left with no option but to plead guilty.

“Her change of heart and acknowledgement of her criminal conduct originated from being caught and not from her true inner feelings of regret. Therefore, she had no choice but to concede defeat.

“Steyn committed the offence when she was at an age where it was expected of her to be able to distinguish between right from wrong, but she failed dismally. Furthermore, courts are increasingly faced with the situation where offenders with medical challenges commit serious offences, and such illness cannot be used as a license to commit crime,” du Preez said. – SAnews.gov.za

NeoB
Mon, 04/08/2024 - 10:25

628 views
Read moreWoman sentenced for R16m theft
8 April 2024

South Africa welcomes resolution on the human rights situation in the occupied Palestinian territory, including East Jerusalem

Location: News

Republic of South Africa: Department of International Relations and Cooperation
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South Africa welcomes the adoption by the Human Rights Council of Resolution A/HRC/L.30 on the Human Rights Situation in the Occupied Palestinian Territory, including East Jerusalem, and the Obligation to Ensure Accountability and Justice by 28 votes in favour, 13 abstentions and eight votes against.

The adoption of the resolution is historic as this is the very first time that the Human Rights Council has taken action on the unprecedented human tragedy taking place in Gaza, where at least 32,975 Palestinians have been killed, including more than 14,500 children, since Israel launched its onslaught over 180 days ago.

In calling for accountability and justice, the resolution emphasises the need to ensure that all those responsible for violations of international humanitarian law and international human rights law are held to account and highlights the need to ensure the provision of an effective remedy for all victims and the need to pursue practical steps to ensure the prevention of future violations and international crimes.

As part of this process, the resolution recognises the importance of the order issued by the International Court of Justice (ICJ) that indicated provisional measures in the case lodged by South Africa against Israel on the application of the Convention on the Prevention and Punishment of the Crime of Genocide.

South Africa believes that it is only through ensuring accountability and justice that the impunity accorded to Israel that has entrenched the ongoing unlawful occupation can finally be brought to an end.

It therefore remains crucial that Israel respects and implements the ICJ's orders, together with United Nations Security Council (UNSC) Resolution 2728 (2024) demanding an immediate and lasting ceasefire, which resolution A/HRC/L.30 will no doubt contribute to its securing.

*During the debate on the resolution, South Africa's Permanent Representative, Ambassador Mxolisi Nkosi, stated that, “the international community can no longer choose to apply a parallel system of international law to Israel, nor can we be complicit in facilitating its actions. For international law to be credible, it must be uniformly applied and serve the victims that it is designed to protect”.

Distributed by APO Group on behalf of Republic of South Africa: Department of International Relations and Cooperation.

Read moreSouth Africa welcomes resolution on the human rights situation in the occupied Palestinian territory, including East Jerusalem
8 April 2024

Department weighs in on consequences of teenage pregnancy

Location: News

Department weighs in on consequences of teenage pregnancy

The Department of Women, Youth and Persons with Disabilities has raised concerns about the economic consequences of teenage pregnancy in the country.

Women, Youth and Persons with Disabilities Minister, Nkosazana Dlamini-Zuma, said the phenomenon of teenage pregnancy has devastating social and economic costs.

“Early pregnancy in South Africa forces many girls to drop out of school and trap others in a cycle of poverty and leaves most stigmatised by society for being teenage mothers or forced into early marriages,” Dlamini-Zuma said.

Dlamini-Zuma said the country continues to show the highest rate of teenage pregnancy globally, with nearly one in four girls falling pregnant before the age of 20 years.

Dlamini-Zuma said South Africa has recorded an estimated 150 000 girls between the age group of 10 and 19 years old, falling pregnant in the 2022/23 financial year.

“What is particularly disheartening is that individuals who became parents during this period were hardly teenagers, with some cases reported constituting statutory rape. The phenomenon of teenage pregnancy has devastating social and economic costs.

“Early pregnancy in South Africa forces many girls to drop out of school and trap others in a cycle of poverty and leaves most stigmatised by society for being teenage mothers or forced into early marriages,” Dlamini-Zuma said.

The Minister reiterated that working together with both public and private sector stakeholders to act against those who continue with the act of impregnating teenage girls by reporting them to law enforcement authorities is the first step towards ending teenage pregnancy, while providing psycho-social support is particularly important. 

She said the prevention of teenage pregnancies will contribute to the promotion and protection of the rights of the girl child, among others. 

Dlamini-Zuma also emphasised the need for coordinating and redirecting efforts to the hardest hit areas, with a specific focus towards prevention, early intervention, and impactful evidence-based programmatic interventions. 

Comprehensive gender-based violence prevention strategy

Dlamini-Zuma said government has developed a Programme of Action (POA) aimed at tackling the issue of teenage pregnancy by implementing a Comprehensive National Gender-Based Violence Prevention Strategy (CNPS).

Through consistent outreach programmes focusing on young mothers, Dlamini-Zuma said government, working with stakeholders, has put together tailor-made stakeholder programmes that are focused on the prevention of teenage pregnancy.

These include Ezabasha Dialogues and Risiha-Community Based Prevention, and social behavioural change programmes, which include ChommY and You Only Live Once (YOLO) programmes, which educate young people between the ages of 15 and 24 years about HIV and Aids, substance abuse, teenage pregnancy and being agents of social change. 

READ | Zulu to relaunch SheDecides Movement

Dlamini-Zuma reiterated government’s calls on families, communities, religious and traditional leaders to support the Sexual Reproductive Health Rights (SRHR) of teenagers to prevent unintended/unwanted pregnancies. – SAnews.gov.za

GabiK
Mon, 04/08/2024 - 12:18

445 views
Read moreDepartment weighs in on consequences of teenage pregnancy
8 April 2024

Eighty-five vehicles to boost KZN crime-fighting initiatives

Location: News

Eighty-five vehicles to boost KZN crime-fighting initiatives

A crime-fighting initiative aimed at curbing the rise of criminal activities and promoting public safety across KwaZulu-Natal has been launched.

KwaZulu-Natal Premier Nomusa Dube-Ncube handed over essential tools of trade to the value of R30 million to various voluntary community crime fighting structures in the province on Friday.

Among the equipment handed over were 85 vehicles.

Dube-Ncube said the vehicles will play a pivotal role in accelerating the fight against crime by enhancing the mobility, response times, and operational capabilities of the dedicated individuals working tirelessly to keep the communities safe.

“By equipping these voluntary community crime-fighting structures with the necessary resources, the government is empowering local initiatives and fostering a collaborative approach to addressing crime. 

“This proactive strategy reflects a commitment to grassroots solutions and community-led interventions, which are vital components of any comprehensive crime prevention strategy,” Dube-Ncube said.

The Premier said this when she announced the initiatives during an event at Hoy Park in Durban on Friday, accompanied by Transport, Community Safety and Liaison MEC, Sipho Hlomuka.

She said the initiative marked a significant milestone in government's commitment to enhancing public safety and security in the region. 

The other crime-fighting initiatives aimed at curbing criminal activities and promoting public safety across the province include:

• Strengthening the capacity of Community Policing Forums to engage with communities, gather intelligence and collaborate with law enforcement agencies to prevent and combat crime at the grassroots level;
• Supporting and expanding the network of neighbourhood watch programs to enhance surveillance, deterrence and early detection of criminal activities within residential areas;
• Investing in programs that provide skills development, education, and employment opportunities for young people to steer them away from crime and delinquency;
• Facilitating partnerships between government agencies, non-profit organisations, businesses, and community groups to implement holistic crime prevention strategies tailored to the unique needs of different communities; and
• Harnessing the power of technology and innovation to improve crime detection, response, and data-driven decision-making processes within law enforcement agencies and community organisations.

Dube-Ncube reiterated the importance of the collective efforts of government, including law enforcement agencies, community leaders, and concerned citizens in the fight against crime. 

“By working together and investing in proactive measures, KwaZulu-Natal is taking decisive steps towards creating safer and more secure communities for all residents. This commitment to empowering community-driven crime-fighting initiatives is not merely a one-time event but a sustained effort to build resilience, foster collaboration, and ultimately, make KZN a safer place for everyone,” the Premier said. – SAnews.gov.za

 

GabiK
Mon, 04/08/2024 - 14:19

433 views
Read moreEighty-five vehicles to boost KZN crime-fighting initiatives
7 April 2024

SAPS makes strides in crime fighting operations

Location: News

SAPS makes strides in crime fighting operations

Police Minister Bheki Cele says combating crime through decisive police action and robust community involvement remains at the heart of policing in the country.

“We all can agree that crime is [at unacceptable] levels and communities have called on the SAPS [South African Police Service] to respond to their crime concerns,” Cele said.

Addressing media on the Police Take Down Successes of Police Counter Operations in Pretoria on Sunday, Cele said in the past few of days, SAPS has intercepted armed and dangerous gangs, who have left a reign of terror and fear in their wake.

“A group of 11 youngsters terrorising the community of Mariannhill in KwaZulu- Natal was intercepted, and nine were shot and killed during the arrest,” Cele said.

Cele said over 20 would-be cash-in-transit (CIT) robbers in Witbank, Mpumalanga, were also stopped in their tracks through coordinated responses by the police and private security.

“Five of the suspects were killed during gunfire exchange with police in their attempt to evade arrest. Eight of CIT robbers were arrested and another nine managed to escape.

“There is no doubt that these criminals and many others are ruthless and arrogant. Their actions demonstrate that they will eliminate anything and anyone that stands in their way.

“Criminals have waged a war on communities and are so brazen, they are testing the authority of the State by attacking police officers,” Cele said.

Cele said police remain unapologetic in their aggressive and decisive response to crime.

“This Ministry remains in full support of police work that results in safer communities. We will forever welcome the arrest of criminals and for them to have their day in court.

“But criminals are warned that if they engage the police instead of surrendering themselves; they will come out short.

“We are clear police will continue to protect communities and push back hard on criminality. Not on our watch will we allow criminals to walk all over communities and certainly not the country’s law enforcement,” Cele said.

Cele said the SAPS Crime Intelligence Division has been rejuvenated and bolstered to identify and infiltrate syndicates.

He said intervention units and tactical response teams of the SAPS continue to be capacitated.

“The Directorate for Priority Crimes Investigations and overall detection of organised crime is sharper than ever. The combination of all these policing services is decisively responding to crime especially to violent and serious crime.

“Without an ounce of hesitation, officers on the ground will protect their lives and preserve the lives of innocent community members when the need arises,” Cele said.

He said takedowns by the police are not isolated and are not coincidental.

“They are as a direct result of reliable and strong intelligence coupled by sharp tactical readiness of police units who are trained to neutralise any threat and protect lives,” he said.

According to Cele, from April 2023 to date, 1 171 intelligence-led takedowns were conducted by the SAPS.

To date, 3 749 suspects have been apprehended during intelligence-led takedowns. These include 173 for murder, 57 for extortion and kidnapping, 164 for property-related crimes and 269 for vehicle-related crimes.

Cele said 768 suspects have been arrested for possession of illegal firearms.

“Four hundred and eighty-eight and 79 suspects were arrested for robberies and CIT robberies, respectively; 1 510 drug-related and 214 illicit mining arrests were made from April to date during intelligence-led takedowns,” he said. – SAnews.gov.za

Edwin
Sun, 04/07/2024 - 11:16

642 views
Read moreSAPS makes strides in crime fighting operations
5 April 2024

Pit toilet eradication deadline missed by Limpopo education department

Location: News

But department says it’s 80% of the way there

Read morePit toilet eradication deadline missed by Limpopo education department
4 April 2024

Criminal complaint lodged against Benjamin Rattle, a South African serving in the Israeli military

Location: News

Rattle’s social media posts appear to show him standing in front of destroyed buildings and rubble in Gaza

Read moreCriminal complaint lodged against Benjamin Rattle, a South African serving in the Israeli military
4 April 2024

South Africa condemns attack on consular section building in Damascus

Location: News

South Africa condemns attack on consular section building in Damascus

South Africa has condemned Monday's attack at its consular section building of the Embassy of the Islamic Republic of Iran in the Syrian Arab Republic.

“The South African government views any attack on a diplomatic or consular establishment as a flagrant violation of international law that offers protection to diplomatic as well as consular representatives in a host State,” International Relations and Cooperation spokesperson Clayson Monyela said on Wednesday.

Monyela said the principle of protection of diplomatic and consular premises and staff constitutes a basic principle of International Law, which is required for the orderly conduct of relations between states. 

“An attack of this nature, therefore, should be a matter of concern for the whole international community. Further, the attack was a violation of Syria’s sovereignty, independence and territorial integrity, which must be respected and upheld,” Monyela said.

The South African government conveyed its condolences to the families of the victims, as well as the government and people of the Islamic Republic of Iran following the attack. According to reports, 13 people were killed in the attack.

South Africa has called on the United Nations, including the United Nations Security Council, to hold to account those who are responsible under the principles enshrined in the United Nations Charter, as well as the 1961 Convention on Diplomatic Relations, the 1963 Convention on Consular Relations and the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons of 1973.

The country has also urged all parties to exercise restraint and not to exacerbate regional tensions. – SAnews.gov.za

GabiK
Thu, 04/04/2024 - 09:44

31 views
Read moreSouth Africa condemns attack on consular section building in Damascus
4 April 2024

Zimbabweans complain of Home Affairs incompetence

Location: News

Numerous waiver letters contain incorrect information

Read moreZimbabweans complain of Home Affairs incompetence
3 April 2024

House, vehicles of former Eskom official to be auctioned

Location: News

House, vehicles of former Eskom official to be auctioned

The luxury home and two vehicles belonging to former Eskom official, Duduzile Moyo, and her husband Mmoloki, are set to be auctioned off to recover losses suffered by Eskom after she allegedly received kickbacks from a supplier amounting to at least R24 million.

The Special Investigating Unit (SIU), through the Asset Forfeiture Unit, obtained a forfeiture order for the assets in the Pretoria High Court.

According to the SIU, the order is in addition to a preservation order to freeze Moyo’s pension benefits after she resigned at Eskom.

“She had allegedly received almost R25 million from an Eskom vendor, Tamukelo Business Enterprise, which was appointed to transport raw materials and water from Kendal Power Stations to Kusile Power Station.

“In her position as Eskom Contracts Manager, Moyo signed 23 interim payment certificates in respect of Tamukelo’s services for the period December 2011 to July 2014, totalling approximately R138 million.

“Furthermore, the SIU probe revealed that Tamukelo and its representatives paid entities linked or associated with Moyo while she negotiated and managed Eskom’s contract with Tamukelo. Moyo’s modus operandi was to create structures of entities owned by members of her family and friends to receive these funds,” the SIU said.

The unit added that Moyo’s conduct created an “apparent conflict of interest in that she received these funds in circumstances where part of her duties and functions were as a Middle Manager”.

“Moyo was also part of a team that presented the negotiation strategy of the Tamukelo tender worth over R300 million to the tender and procurement committee. She also deceived Eskom and repeatedly made fraudulent misrepresentations, declaring that there was no conflict of interest when dealing with Tamukelo and other role players for five years when signing Eskom’s Annual Declaration of Conflict Interest Policy.

“This forfeiture order is part of implementing the National Anti-Corruption Strategy, which sees law enforcement agencies working together to eradicate corruption in South Africa,” the SIU said. – SAnews.gov.za

NeoB
Wed, 04/03/2024 - 12:46

864 views
Read moreHouse, vehicles of former Eskom official to be auctioned
3 April 2024

Judicial Matters Amendment Act signed into law

Location: News

Judicial Matters Amendment Act signed into law

President Cyril Ramaphosa has assented to the Judicial Matters Amendment Act of 2023.

According to the Presidency, the amendment bill aims to “amend numerous Acts which are administered by the Department of Justice and Constitutional Development and are intended to address mostly practical and technical changes in various pieces of legislation”.

Some of the notable amendments to the act include:

  • Amendments which provide for the powers, duties and functions of the Chief Master, some of which were not part of the legislation before. These changes will allow the Chief Master to play a greater supervisory role over the Masters of the High Court and will lead to improved service delivery to the public and to legal practitioners.
  • A provision that allows the Minister of Justice and Correctional Services, after due consultation, to determine certain categories of offences which, if the accused pays or has paid an admission of guilt fine, would not result in the accused receiving a criminal record. 

The Presidency explained that following the Minister’s determination, “persons who already have received a criminal record for the identified categories of offences will have their offences expunged”.

Other areas that the Amendment Act speak to include:

  • A provision for the expungement of the criminal record of a person who paid an admission of guilt fine for violating the State of Disaster Regulations which were imposed during the COVID pandemic;
  • A new mechanism to fight corruption, by creating an additional offence to be included in the Prevention and Combatting of Corrupt Activities Act, 2004 (Act No. 12 of 2004) regarding the failure of members of the private sector or state-owned entities to prevent corrupt activities.  This is in line with recommendations made by the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State (Zondo Commission).
  • A provision that  relates to when a person willfully makes a false declaration in support of an application for a protection order in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998). The new provision penalises the making of such a false declaration and such a person will have committed an offence. The amendment also   enables applications for a protection order to be made without an affidavit.
  • A repeals of common law relating to the crime of defamation. Various international and local stakeholders and interested parties have expressed concerns about the alarming effect of such offences on journalists and have advocated for their abolition. The crime of crimen injuria and civil remedies for defamation however continue to be applicable.

“Whilst the amendments may appear to be minor and technical in nature, they will significantly improve service delivery and the efficiency and responsiveness of the justice system in the related matters,” the Presidency said. -  SAnews.gov.za

NeoB
Wed, 04/03/2024 - 14:01

410 views
Read moreJudicial Matters Amendment Act signed into law
3 April 2024

South Africa condemns the attack on the consular section building of the Embassy of the Islamic Republic of Iran in the Syrian Arab Republic on 1 April 2024

Location: News

Republic of South Africa: Department of International Relations and Cooperation
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The South African Government wishes to convey its condolences to the families of the victims as well as the Government and people of the Islamic Republic of Iran following the attack on the consular section building of its Embassy in Damascus, the Syrian Arab Republic.

The South African Government views any attack on a diplomatic or consular establishment as a flagrant violation of international law that offers protection to diplomatic as well as consular representatives in a host state.

The principle of protection of diplomatic and consular premises and staff constitutes a basic principle of International Law, which is required for the orderly conduct of relations between states.

An attack of this nature, therefore, should be a matter of concern for the whole international community.

South Africa calls on the United Nations, including the United Nations Security Council, to hold to account those who are responsible under the principles enshrined in the United Nations Charter as well as the 1961 Convention on Diplomatic Relations, the 1963 Convention on Consular Relations and Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons of 1973.

Further, the attack was a violation of Syria's sovereignty, independence and territorial integrity which must be respected and upheld.

South Africa urges all parties to exercise restraint and not to exacerbate regional tensions.

Distributed by APO Group on behalf of Republic of South Africa: Department of International Relations and Cooperation.

Read moreSouth Africa condemns the attack on the consular section building of the Embassy of the Islamic Republic of Iran in the Syrian Arab Republic on 1 April 2024
3 April 2024

President assents to Correctional Services, Forestry and Agriculture Bills

Location: News

President assents to Correctional Services, Forestry and Agriculture Bills

The Correctional Services Amendment Act, National Veld and Forest Fire Amendment Bill and the Agricultural Product Standards Amendment Bill, 2023 have been signed into law by President Cyril Ramaphosa.

Correctional Services Amendment Act

According to the Presidency, the Correctional Services Amendment Act “complies with the 2020 Sonke judgment of the Constitutional Court, in providing for an adequate level of independence of the Judicial Inspectorate for Correctional Services (JICS)”.

“The amendments include changes to section 30(7) to provide for an inmate that is subjected to solitary confinement, to be informed of their right to appeal.

“The amended section further provides that the Head of the Correctional or Remand Detention Facility must, upon request, provide all relevant information relating to an appeal to the Inspecting Judge within 24 hours of receiving such information,” the Presidency said.

The amended act further provides for:

  • The appointment of the Chief Executive Officer of the JICS by the Minister of Justice and Correctional Services instead of the National Commissioner of Correctional Services.
  • The expenses incurred by the Judicial Inspectorate will be covered from budgets appropriated by Parliament. These costs were previously covered from the Department of Justice and Correctional Services budget.
  • Mandatory reporting obligations by the Department to the Inspecting Judge.

National Veldfire Act

The amended act provides for provisions, including:

  • The facilitation of the formation of fire protection associations by a municipality and a traditional council.
  • Compel a municipality, state-owned enterprise, public entity or other organ of State which owns land to join the fire protection associations.
  • Extend the powers of entry, search, seizure and arrest to peace officers and traditional leaders.
  • Amend the title of the Act to the National Veldfire Act.

Agricultural Product Standards Amendment Act

“The Agricultural Product Standards Amendment Act, will, amongst other provisions, empower the Minister of Agriculture, Land Reform and Rural Development to designate a person, an entity, undertaking, body, institution, association or board, who or which, as the case may be, has particular knowledge of the product concerned, or particular knowledge of the relevant management control systems, with no direct or indirect personal or financial interest, as an assignee to inspect the commodity for quality control and audit management control system,” the Presidency said. – SAnews.gov.za

NeoB
Wed, 04/03/2024 - 14:20

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Read morePresident assents to Correctional Services, Forestry and Agriculture Bills
3 April 2024

President Ramaphosa assents to the Judicial Matters Amendment Act

Location: News

The Presidency of the Republic of South Africa
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President Cyril Ramaphosa has assented to the Judicial Matters Amendment Act, 2023. The Judicial Matters Amendment Bills aim to amend numerous Acts which are administered by the Department of Justice and Constitutional Development and are intended to address mostly practical and technical changes in various pieces of legislation. 

Some of the notable amendments include amongst others:

•    Amendments which provide for the powers, duties and functions of the Chief Master, some of which were not part of the legislation before. These changes will allow the Chief Master to play a greater supervisory role over the Masters of the High Court and will lead to improved service delivery to the public and to legal practitioners.

•    A provision that allows the Minister of Justice and Correctional Services, after due consultation, to determine certain categories of offences which, if the accused pays or has paid an admission of guilt fine, would not result in the accused receiving a criminal record.  

Following the Minister's determination, persons who already have received a criminal record for the identified categories of offences will have their offences expunged.

•    A provision for the expungement of the criminal record of a person who paid an admission of guilt fine for violating the State of Disaster Regulations which were imposed during the COVID pandemic;

•    A new mechanism to fight corruption, by creating an additional offence to be included in the Prevention and Combatting of Corrupt Activities Act, 2004 (Act No. 12 of 2004) regarding the failure of members of the private sector or state-owned entities to prevent corrupt activities.  This is in line with recommendations made by the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State (Zondo Commission).

•    A provision that  relates to when a person willfully makes a false declaration in support of an application for a protection order in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998). The new provision penalises the making of such a false declaration and such a person will have committed an offence. The amendment also   enables applications for a protection order to be made without an affidavit.

•    A repeals of common law relating to the crime of defamation. Various international and local stakeholders and interested parties have expressed concerns about the alarming effect of such offences on journalists and have advocated for their abolition. (The crime of crimen injuria and civil remedies for defamation however continue to be applicable.)

Whilst the amendments may appear to be minor and technical in nature, they will significantly improve service delivery and the efficiency and responsiveness of the justice system in the related matters.

Distributed by APO Group on behalf of The Presidency of the Republic of South Africa.

Read morePresident Ramaphosa assents to the Judicial Matters Amendment Act
2 April 2024

Arrests for violating traffic laws

Location: News

Arrests for violating traffic laws

More than 1 000 road users have been arrested and 900 vehicles were impounded in law enforcement operations conducted in all nine provinces since the start of the Easter holidays.

The arrests related to various offences, such as drunken driving, producing false driving documentation, driving recklessly, operating on the roads without driving permits and the overloading of both goods and passengers.

Vehicles were impounded mainly in KwaZulu-Natal and Mpumalanga for violation of public transport operating permits.

A total of 75 961 vehicles were stopped and checked and 916 927 drivers were issued with traffic fines for various infringements.

One of the major concerns during this period was unroadworthy vehicles, and 274 vehicles with defects being discontinued.

“The Easter weekend is associated with increased traffic volumes as pilgrimages and holiday makers take advantage of the public holidays to visit family or go on vacation. However, this surge in traffic poses significant road safety challenges, with authorities often warning motorists to exercise caution due to the high volumes of vehicles on the roads.

“Increased traffic volumes were experienced on Thursday and Friday from approximately 10 am with [the] N1 North and N3 South recording an average of 2 000 vehicles passing through various tollgates per hour. The N4 East recorded 1 900, while N1 South recorded an average of 1 000 vehicles,” the Road Traffic Management Corporation (RTMC) said.

Meanwhile, South Africa and Botswana are finalising details to identify and repatriate the 46 victims and human remains of Botswana bus crash fatalities, which happened over the Easter long weekend in Limpopo.

“We will be guided by the people of Botswana, especially the families and the government to say how they prefer this to be done. Post-mortems will be conducted tomorrow. Pathologists will issue a notice then [the Department of] Home Affairs will issue death certificates. Then a funeral parlour will issue a cover letter, requesting the repatriation permit,” Limpopo Health MEC, Doctor Phophi Ramathuba, said on Monday in an interview with the SABC. –SAnews.gov.za

 

nosihle
Tue, 04/02/2024 - 09:30

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Read moreArrests for violating traffic laws
28 March 2024

Heightened police visibility this Easter weekend

Location: News

Heightened police visibility this Easter weekend

Law enforcement and border security measures are in place to ensure the safety of all this Easter holiday period, Cabinet said on Thursday.

“There will be heightened police visibility across the country aimed at preventing, combating and at the same time, countering serious and violent crime during the holiday period and beyond,” said Minister in the Presidency Khumbudzo Ntshavheni.

Ntshavheni addressed the media on Thursday the outcomes of the last official Cabinet meeting of the sixth administration held yesterday.

She also took the time to extend Cabinet’s best wishes to the Christian and Jewish communities as they observe the religious Easter and Passover holidays this weekend.

“During this time, many South Africans will travel around the country to visit their families and friends, resulting in increased traffic volumes,” said Ntshavheni. 

She used the platform to appeal to those travelling during this holiday period to exercise caution on the road, adhere to traffic rules, and respect other road users. 

“Law enforcement has adopted a zero tolerance for road users who drive recklessly and are negligent and those who use excessive speeds.” 

She also reminded parents and caregivers to always be aware of their children’s whereabouts and ensure that their children are only left with responsible adults.

The Minister also advised them to be extra vigilant while supervising children around swimming pools or anywhere near water. 

Shifting her focus to border security management, she said the Executive further welcomed the Border Management Authority’s (BMA) efforts to increase security control measures and reducing congestion. 

She also announced that the BMA would extend the operating hours at critical ports of entry and deploy an additional 400 border guards to deal with the expected increase of travellers this Easter weekend.

The South African Police Service (SAPS), South African Revenue Service (SARS), South African National Defence Force (SANDF) and Cross-Border Road Transport Agency (C-BRTA) are supporting this Easter operational plan.

The Executive applauded the work of the BMA, which will on 1 April 2024, mark one year since it was established. 

The agency has intercepted over 270 000 people who tried to enter South Africa illegally and helped curb illegal migration, human smuggling, trafficking and cross-border crime.

Gaza conflict

Cabinet has also welcomed the United Nations Security Council (UNSC) resolution that calls for an immediate ceasefire in the Gaza Strip for the Holy month of Ramadan and the unconditional release of all hostages. 

The resolution also notes the urgent need to expand the flow of humanitarian assistance.

“This resolution is the affirmation of the correctness of South Africa’s position on the need to prevent genocide and the violation of human rights of the people of Palestine and the release of hostages by Hamas.” 

According to the Minister, she said these resolutions are binding and that the UNSC should ensure compliance. 

“Therefore, adoption of this resolution is a critical step to also enable the flow of humanitarian assistance to the Gaza area,” she said.

READ | President welcomes UNSC resolution on Gaza ceasefire

Gender-based violence (GBV) prevention, corruption, and municipality officials arrested for corruption were some of the issues discussed by Cabinet.

30 Years of Freedom

Meanwhile, on 5 April 2024, South Africa will launch the 30 Years of Freedom commemoration which also coincides with Freedom Month in April.

“The occasion forever reverberates in the history of our nation as a month that gave birth to our freedom and constitutional democracy. The commemoration of 30 Years of Freedom is an opportunity to celebrate the remarkable journey we have traversed to create a vibrant democracy where the lives of all people are valued and people treated with respect,” said the Minister.

Other matters

Meanwhile, Cabinet said the signing of the agreement between South Africa and Zimbabwe to transfer treated water from Beitbridge Water Treatment Works in Zimbabwe to Musina, Limpopo, will alleviate water supply challenges in Musina.

“There will be further socio-economic benefits from the construction of a 20km pipeline and pump stations to transfer this 41 mega litres of water per/day to ensure Musina has sufficient water supply for the medium term.”

In addition, she said South Africa aims to promote industrialisation, competition, and job creation through seven master plans in different sectors.

The seven master plans are being implemented through the deployment of industrial policy tools, to develop capacity, increase investment and localisation, expand exports, and preserve and grow jobs.

In addition, she stated that Cabinet received an update on progress towards digital migration, with the final analogue switch set for December 2024. – SAnews.gov.za

 

 

Gabisile
Thu, 03/28/2024 - 11:55

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Read moreHeightened police visibility this Easter weekend
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