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You are here: Home / Archives for law

law

12 September 2023

Government housing beneficiaries urged to believe free wills drafted

Location: News

Government housing beneficiaries urged to have free wills drafted

The Western Cape Department of Infrastructure has urged government subsidised housing beneficiaries to take advantage of the opportunity to have their wills drafted for free during National Wills Week.

National Wills Week 2023 takes place from 11 - 15 September, where participating attorneys offer basic will drafting services for free.

Head of the Infrastructure Department, Jacqueline Gooch, said in many cases, the transition of property ownership, following the passing of a housing beneficiary, can be a complex and emotional process, often leading to disputes among family members. 

Gooch said the department often gets requests from family members to intervene and direct home ownership after the passing of a housing beneficiary. 

She said the department cannot get involved in the allocation of a house should the recipient pass, with or without a will. 

“Following the initial handover, a house becomes the personal property and asset of the housing beneficiary. The onus is therefore on the recipient to indicate ownership of their house in the event of their death. 

“A valid will guarantees that your loved ones have no delays and conflict with regards to your wishes for your house when you pass away,” Gooch said.

In the absence of a will, Gooch said, the deceased’s home and any assets are distributed in accordance with the Interstate Succession Act, and “this leads to outcomes that might not align with your wishes and can result in delays, potential disputes among loved ones, and increased emotional distress during an already challenging time”.

Some of the consequences of not having a will include not having control over who inherits your home; your partner may be left with nothing if you are not married; family members may argue or disagree regarding your final wishes, and it can take years to wind-up your estate.

Citizens can contact the Law Society of South Africa on 012 366 8800 or email lssa@lssa.org.za (link sends e-mail) for a list of Western Cape attorneys participating in National Wills Week 2023.

Alternatively, please visit https://www.lssa.org.za/our-initiatives/advocacy/national-wills-week/western-cape-attorneys-participating-in-the-lssa-national-wills-week-2023/. – SAnews.gov.za

 

GabiK
Tue, 09/12/2023 - 11:12

125 views
Read moreGovernment housing beneficiaries urged to believe free wills drafted
12 September 2023

Farmer seeks ‘pardon’ for illegally enlarging dam

Location: News

The application raises concerns over water use in the Western Cape

Read moreFarmer seeks ‘pardon’ for illegally enlarging dam
11 September 2023

Three companies fined for contravention of export permit conditions

Location: News

Three companies fined for contravention of export permit conditions

Three companies who attempted to export scrap metal and copper ingots without valid export permits have been fined in the Durban Regional Court.

Amalgamated Metal Recycling (Pty) Ltd, Cayo Largo Holdings (Pty) Ltd and Group Wreck International Non-Ferrous (Pty) Ltd entered a Section 105A plea and sentence agreement.

All three companies admitted the allegations and counts contained in their respective charge sheets, and to a contravention of section 54(1)(b) of the International Trade Administration (ITA) Act.

This is according to a statement by the International Trade Administration Commission of South Africa (ITAC), which is vested by the ITA Act with the authority to issue import and export permits.

Permits issued under such authority prescribe the kind, quantity, value and other attributes of goods that can be imported into or exported from South Africa.

Scrap metal and copper ingots are examples of products that are subject to permitting.

In a statement, ITAC said each of the three companies is a licensed metal recycling merchant that collects, sorts, processes, recycles and sells recycled metal.

“The sale of certain scrap metals, at the time of the contravention, was subject to ITAC export permit control and/or the Price Preference System (“PPS”) on the exportation of scrap metal, introduced in 2013 to promote the affordable supply of scrap metal to domestic steel and other metal makers, by requiring scrap dealers to first offer scrap to the domestic consuming industry at a prescribed discount to international prices, before it can be exported to other markets.

“If such recycled metal at that time could not be sold locally in terms of the PPS, a prospective seller (the accused) could apply to the ITAC for an export permit, allowing the export of the metal to foreign buyers.

“Furthermore, the exportation of copper and copper alloy ingots is subject to ITAC export control measures, mainly to ensure that stolen infrastructure is not smelted and exported,” it said.

The respective companies applied for the requisite permits for scrap metal and ingots, after having offered such scrap on the local market and after such offers were not taken up locally.

On obtaining the requisite export permits, the companies sourced a foreign buyer and sought to arrange the logistics and shipping of the scrap to give effect to the sale.

“The three companies admitted that, when the containers were entered into the customs export stacks for exportation, the export permits were no longer valid.

“All three companies admitted that they are guilty of contravening section 54(1)(a) and or (b), read with sections 1, 6(1)(c), 15, 26, 27, 55 and 56 of the ITA Act, as read with Government Notice R92 published in the Government Gazette 35007.

“Since the accused had failed to apply for new or revised permits at the time of export, the presiding officer Anand Maharaj found the respective entities guilty of contravention of the ITA Act,” said ITAC.

All three companies further admitted that they benefited from the proceeds of their crime and consented to three separate Section 18 orders issued in terms of the Prevention of Organised Crime Act, 121 of 1998 (POCA), said the commission.

According to ITAC, the following orders were made by the court:

- Amalgamated Metal Recycling (Pty) Ltd to pay R250 000 into the Criminal Assets Recovery Account established in terms of Section 63 of the POCA.

- Cayo Largo Holdings (Pty) Ltd to pay R250 000 into the Criminal Assets Recovery Account.

- Group Wreck International Non-Ferrous (Pty) Ltd to pay R1 000 000 into the Criminal Assets Recovery Account.

ITAC said it will continue to work with law enforcement agencies and the National Prosecution Authority to ensure that those involved in illegal exports and imports and permit abuse face the consequences of their actions. – SAnews.gov.za

Edwin
Mon, 09/11/2023 - 13:22

132 views
Read moreThree companies fined for contravention of export permit conditions
11 September 2023

How cybercriminals trick their victims

Location: News
KnowBe4

Key findings:

  • 40% of the respondents from eight countries had been scammed online
  • Distraction and multi-tasking made 43% of the victims fall for an online scam
  • Financial scams affected nearly 48% of respondents

Nearly half of the 800 African survey participants have fallen victim to an online scam at least once, losing thousands of dollars in the process and compromising their personal data. This alarming statistic is one of the key findings of the KnowBe4 2023 Online Scams and Victims in Africa Report, which was just released. The report is based on a survey of 800 respondents across eight African countries, including South Africa, Kenya, Ghana, Nigeria, Morocco, Egypt, Mauritius, and Botswana. According to the report, 53% of the respondents who fell victim, were convinced the offer was legitimate because the website looked real, while nearly 48% of the scams were financial.

“These numbers highlight that online scams have evolved,” says Anna Collard, SVP Content Strategy & Evangelist at KnowBe4 AFRICA. “What is concerning is that 43% of the victims were distracted and multi-tasking when they fell for the scam, which highlights how easy it is for a person to make a mistake when they are not paying attention. Their emotional states can affect a person's judgment, awareness, and decision-making, causing them to be more vulnerable to online deception,” says Collard.

Financial scams were the most common type of online fraud, affecting nearly half of the respondents (50%). Other prevalent scams involved fake investments (30%), cryptocurrencies and NFTs (29%), brand impersonation (28%), information theft (24%), online shopping (21%), and fake job offers (21%). Less frequent but still significant scams included the classic Nigerian scam (17%), family or friend impersonation (18%), law enforcement impersonation (7%), tax fraud (6%), holiday fraud (9%), romance fraud (13%), and lottery fraud (15%).

An email was the preferred channel for scammers to initiate contact, accounting for 24% of the cases. Social media came in second with 19%, followed by WhatsApp with 10% and other messaging services like Telegram with 8%. In Nigeria, however, social media was the most used platform for scams (32%), while in South Africa, email was the dominant method (28%). The scammers often used social engineering techniques to convince their victims, such as creating rapport or trust by making websites look legitimate, sending messages that appealed to emotions, using social media profiles that seemed authentic, and avoiding spelling or grammar mistakes.

Collard says that the statistics reveal a more evolved and sophisticated network of scammers who use emerging technology to lure people into costly mistakes. 30% lost between US$100 and US$1,000, 40% around US$100, and 9% more than US$1,000.

The report also showed that falling for a scam had a significant psychological impact on many victims. While 23% said it had little or no effect on them, nearly 50% felt a strong or moderate impact. The results highlight how easy it is for victims to blame themselves, when in reality, they were deceived by cunning scam tactics. The survey found that many victims experienced negative emotions, such as embarrassment (39%), anger (40%), naivety (40%), loss of trust (36%), and shame (25%). Some also felt traumatised (20%), vulnerable and helpless (25%), anxious (16%), and guilty and fearful (15%).

The emotional toll of falling for an online scam may be more harmful than the money lost as a result. For most victims, the financial consequences were not severe, with 24% saying it took them several months to recover and 10% saying it took more than a year, but the majority had no repercussions or recovered in a few days to a few weeks. However, when it came to healing from the psychological impact of the scam, the majority said it took them a few months (22%) and 11% said it took more than a year.

“The report shows how vulnerable people are to online scams and the emotional distress they cause,” says Collard. “While respondents were aware of scams and understood the risks, many still said they did not feel prepared, which highlights the need for regular training that gives people continuous awareness of scams and the threat they pose, to themselves and their organisations.”

You can download the full report here. https://apo-opa.info/3LjspOS

Distributed by APO Group on behalf of KnowBe4.

Media files
KnowBe4
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Read moreHow cybercriminals trick their victims
11 September 2023

Nandipha Magudumana denied bail

Location: News

Bloemfontein magistrate says “nothing would stand in her way” to assist Bester escape again

Read moreNandipha Magudumana denied bail
10 September 2023

Stellenbosch’s stunning trails hold center stage at the Fedhealth MTB Challenge!

Location: MyPR

Root44 was buzzing with excitement on Saturday 09 September 2023 when mountain bikers of all ages converged on the iconic Winelands landmark to participate in the 8th annual Fedhealth MTB Challenge. Launched in 2015, the Fedhealth MTB Challenge caters for mountain bikers of all ages and capabilities, with routes boasting well-manicured, sensational single track and …

Read moreStellenbosch’s stunning trails hold center stage at the Fedhealth MTB Challenge!
8 September 2023

Government working to address eThekwini challenges

Location: News

Government working to address eThekwini challenges

Deputy President Paul Mashatile says the government is working with various departments and stakeholders to help the eThekwini Metropolitan Municipality to address its challenges. 

“I am aware that the Minister of CoGTA [Cooperative Governance and Traditional Affairs (CoGTA] and the Premier of KwaZulu-Natal are working with various provincial and national sector departments such as the National Treasury, Water and Sanitation, to assist the eThekwini Metropolitan Municipality to address its challenges such as the recent flooding disasters, and the looting which took place during the July 2021 [unrest].” 

The Deputy President was replying to a question about actions to be taken regarding the refusal by the eThekwini Metropolitan Municipality to cooperate with Section 154 invoked by the KwaZulu-Natal provincial government.  

The country's second in charge was speaking in Parliament on Thursday where he was answering oral questions in the National Council of Provinces (NCOP) on a range of issues.

Former Director-General, Cassius Lubisi, has been roped in to lead a group of senior technocrats to help turn around the embattled municipality to prevent its placement under administration. 

“I am unaware that eThekwini Metropolitan Municipality has refused to cooperate with the proposed implementation of Section 154 intervention as outlined in the Constitution,” he added. 

Deputy President Mashatile said the collaboration aims to support and strengthen the municipality, particularly damaged water and electricity infrastructure. 

“This is because, as per Section 154 (1) of the Constitution, national and provincial governments must bolster the capabilities of municipalities in managing their affairs and carrying out their functions.

“Section 154 of the Constitution is important as it serves as a constitutional mechanism that effectively bolsters and fortifies the capacity of cities.” 

Deputy President Mashatile said this move will enable the national and provincial governments to support and strengthen municipalities to fulfil their responsibilities to provide quality services to the people.

Crime 

Shifting his focus to crime, he told Members of Parliament that government is taking additional measures to ensure public safety in cross-border communities, townships and informal settlements. 

This, according to the Deputy President, will be achieved through increasing the number of police officers on the streets and creating specialised teams that will focus on specific types of crime. 

He noted that the South African Police Service (SAPS) has committed to recruiting 12 000 new police personnel, of which over 10 000 recruits have already graduated from police academies. 

“As a government, we are determined to tackle the issue of violent crime and other forms of criminal activity.

“We are actively pursuing national, provincial, and local measures to prevent crime and ensure that all individuals in our country feel safe and secure. We believe that by working together as government, civil society and the private sector, we can make meaningful progress in creating safer communities.”

In addition, he touched on the Border Management Authority Act, which paved the way for the establishment of the Border Management Authority (BMA). 

The BMA is mandated by legislation to facilitate and manage the legitimate movement of people within the border law enforcement area and at ports of entry. 

In addition, it facilitates and manages the legitimate movement of goods within the border law enforcement area and at ports of entry. 

According to the Deputy President, it also cooperates and coordinates its border law enforcement functions with other organs of state, border communities or any other persons. 

He said the BMA has intercepted thousands of people attempting to enter the country illegally and recovered numerous stolen items. – SAnews.gov.za

 

Gabisile
Fri, 09/08/2023 - 08:59

636 views
Read moreGovernment working to address eThekwini challenges
7 September 2023

Government responds to report on solitary confinement

Location: News

Prisoners are held according to the law, writes the Department of Correctional Services spokesperson

Read moreGovernment responds to report on solitary confinement
7 September 2023

International Month for Deaf People

Location: News

International Month for Deaf People

By GCIS Acting Director-General Nomonde Mnukwa

In September 1951, hundreds of people from around the world met in Rome, Italy to discuss challenges faced by people with disabilities, and in particular deaf people. They demanded equal opportunities for deaf people around the world and full inclusion in communities.

They established the World Federation of the Deaf (WFD) to champion the rights of persons who are deaf or hard of hearing.

This year marks 72 years since the first World Deaf Congress was held where the WFD was established. In commemoration of this milestone, September is observed as the International Month for Deaf People to promote awareness of the rights of deaf persons around the world.

The month is also used to bring to the fore challenges faced by deaf people. It aims to promote understanding of the deaf community and encourage people to take steps to be more inclusive and celebrate diversity. This includes learning sign language so that we can communicate with the deaf community.

South Africa joins the international community in commemorating this important month and honours the contributions of deaf people in the development of our country. This year’s commemoration comes less than two months since President Cyril Ramaphosa signed into law the South African Sign Language Bill, which recognises the South African Sign Language (SASL) as the 12th official language.

The signing into law was a historic moment and an important step towards the realisation of the rights of persons who are deaf or hard of hearing. It promotes inclusivity and substantive equality as well as prevents unfair discrimination on the grounds of disability, as enshrined in the Constitution.

This milestone also builds on the achievements we have made since 1994 to ensure that the Deaf community’s equal rights are realised as enshrined in our Constitution. In 2007 for instance, South Africa signed and ratified the United Nations Convention on the Rights of Persons with Disabilities and in 2013 Cabinet adopted the country’s first report to the Convention on the Rights of Persons with Disabilities.

In 2012, the Department of Basic Education commissioned a curriculum management team to compile a sign language curriculum and just over two years later offered a standardised SASL curriculum to Deaf learners up to matric level. In addition, in 2022 South Africa developed the first bilingual South African Sign Language Dictionary which is available as an App on smartphones to provide a standardised SASL lexical terminology.

Speaking at the signing ceremony of the South African Sign Language Bill into law, President Cyril Ramaphosa stressed the importance of the official recognition of this language. He said: “Having sign language recognised as an official language will address access to education, economic and other social opportunities as well as public participation. People with hearing impairments will be able to also access more services, public information and a host other opportunities.”  

The law will not only promote and protect the rights of sign language users but will facilitate the provision of sign language interpreters and education in sign language.

The signing into law of sign language as an official language will also have a positive impact on the social and economic development of the deaf community, as well as on their access to information and services.

This official recognition follows an intensive and extensive public consultation process, which is in line with the country’s founding democratic principle to take into account people’s opinions and their input towards building a better life for all.

By signing this Bill into law, South Africa becomes the 41st country in the world and the 4th in Africa that has recognised sign language as an official language.

It also means that national government institutions will need to review their language policies to include SASL as an official language. All government departments are now obliged to make provisions for South African Sign Language interpreters as well as train civil servants, particularly front-line workers on basic SASL.

While the language has long been part of curriculum in our schools, preparations are underway to ensure it is available as a second additional language. This will mean that learning and taking the language as an additional language is not restricted for learners with special needs.

We call on all South Africans to learn our new 12th official language. By doing so we can create an inclusive society that creates space for everyone to thrive and enjoy the gains of our democracy.

*Nomonde Mnukwa is the Acting Director-General of the Government Communication and Information System (GCIS)

 

Janine
Thu, 09/07/2023 - 11:41

98 views
Read moreInternational Month for Deaf People
7 September 2023

Prisoners are being held for years in solitary confinement

Location: News

“Under democracy, hundreds and even thousands of inmates have been subjected to these practices” says Judicial Inspectorate report

Read morePrisoners are being held for years in solitary confinement
7 September 2023

This is what we can execute to conclude the reading crisis

Location: News

As the November 2023 deadline looms, 70% of public schools still don’t have libraries

Read moreThis is what we can execute to conclude the reading crisis
6 September 2023

Police committee vote to continue with process to consider Independent Police Investigative Directorate (IPID) amendment bill

Location: News

Republic of South Africa: The Parliament
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The Portfolio Committee on Police today voted to adopt a Motion of Desirability on the Independent Police Investigative Directorate Amendment Bill [B21-2023] and will continue with processes to consider the Bill. The majority view was that there is an urgent need to strengthen, through legislation, IPID's institutional and operational independence and give effect to the Constitutional Court judgement in the case of McBride v Minister of Police and another. 

While there were concerns about the Bill's lack of certification by the Office of the State Law Advisor as it relates to apprehension on the constitutionality of clause 4 of the Bill, the committee emphasised that the Bill's principles are accepted. The committee's adoption of the motion of desirability is in line with National Assembly Rule 286 (6). The committee reiterates that it has taken due regard of the legal advice provided and will ensure that its processes comply with the Constitution, South Africa's laws and regulations and National Assembly rules. 

“This decision is necessary as Parliament is the only body that has the mandate to legislate the structural and operational independence of IPID in accordance with section 206 (6) of the Constitution. We must also emphasise that the decision was taken with full consideration of the legal advice provided and that every step of the process will be guided by legal considerations,” said Mr Nocks Seabi, the Chairperson of the committee.

Meanwhile, the committee received a progress report and implementation plan emanating from the recommendations made by the Presidential Expert Panel report on the July 2021 unrest in KwaZulu-Natal and Gauteng. The committee welcomed the detailed plan and progress in implementing the recommendations directed to SAPS.

In line with this, the committee welcomed the implementation of the Increased Crime Prevention and Combating Action Plan, which will result in the countrywide mobilisation of SAPS resources to address violent crime through high-density operations, intelligence-led roadblocks and suspect tracking operations. The committee also welcomed the work to enhance relationships with the community through community police forums. Financial support of R70 million to these forums will provide them with the necessary support to procure the tools of trade they need to function efficiently.

Meanwhile, the committee raised its concerns about the slow prosecution of criminal cases linked to the unrest. While the committee acknowledges that criminal justice processes are sometimes protracted, it emphasised the need to ensure successful prosecution as a deterrent against a recurrence of such events.   

The committee welcomes the progress in filling critical vacancies at the Division: Crime Intelligence. SAPS management informed the committee that a Divisional Commissioner was appointed in December 2022 and processes are underway to fill another 15 posts. A further 268 vacancies were filled in the 2022/23 financial year. The committee remains of the view that Crime Intelligence is critical to ensure proactive policing. The filling of posts is a major step towards enhancing this environment.

The committee also welcomed the plans to capacitate SAPS members with crowd control techniques and the assurance that more than 10 000 SAPS members were trained as first responders in crowd management. A further 4 900 Public Order Police members received training in the principles and techniques of basic crowd management, which the committee also welcomed.

Meanwhile, the committee has decided to give Members of Parliament time to consider whether it will be ideal for the committee to conduct a full enquiry on the unrest or to defer it to the seventh Parliament. The committee will draft a process plan setting out timeframes to see if the committee will have adequate time to process the matter. The committee previously deferred the matter to give time to the Presidential Expert Panel and the South African Human Rights Commission (SAHRC) investigations to avoid duplication. The SAHRC has said it is in the process of concluding its investigation.

Distributed by APO Group on behalf of Republic of South Africa: The Parliament.

Read morePolice committee vote to continue with process to consider Independent Police Investigative Directorate (IPID) amendment bill
6 September 2023

Facelift for land ports of entry

Location: News

Facelift for land ports of entry

Home Affairs Minister, Dr Aaron Motsoaledi, says officials are committed to making the country's border posts safer, less porous and more efficient in the facilitation and easing of trade, as well as the legitimate movement of people.

“The South African government is committed to putting in the latest infrastructure and relevant technology in its efforts to modernise and upgrade our ports to be on par with the current global best practices on border management,” Motsoaledi said.

Addressing media in Pretoria on Wednesday, Motsoaledi said the main objective of upgrading border posts is to make it easier for law-abiding people and companies to easily enter and exit South Africa through the borders, while the illicit movement of persons and goods is nipped in the bud.

“It has taken a while for us to get to this point. I would like to commend my team consisting of officials from the Border Management Authority, the Department of Home Affairs, The Presidency’s Infrastructure SA, National Treasury, SARS, the DBSA’s Infrastructure Fund, and the transactional advisors, Bowmans and Ernst & Young, for their hard work in getting us to this point,” Motsoaledi said.

He said South Africa’s ports of entry were designed during the apartheid era, with the primary objective of tightened security, while neglecting the effective facilitation of regional and international trade.

“Since the advent of democracy, there has been an exponential increase in the number of people moving between South Africa and the countries in the region. The volume of regional and international trade has similarly increased.

“As a result, our land ports of entry are very congested and that continues to stifle trade, instead of enabling it. If you want to understand what we are talking about, just take a visit to the Lebombo Border Post between SA and Mozambique, where you will see trucks lining up for kilometres, bumper to bumper, for hours on end, on the N4 Corridor,” Motsoaledi said.

He said this is because mining companies in the North West, Limpopo and Mpumalanga took a decision to use the Maputo Port for their exports and no longer Richards Bay Harbour.

“Given the current narrow design of the port, this has led to congestion. The announcement we are making today will make sure that what is happening there, will become history (sic),” the Minister said.

Improvements to boost continental trade

Motsoaledi said SA has 72 ports of entry, 53 of which are land, 11 are international airports and eight are seaports -- all of which are now operated by the Border Management Authority.

“Of the 53 land ports of entry, we have now earmarked six of our largest and busiest, by traffic volume, for redevelopment in order to address the congestion. The outcome of the redevelopment of these ports of entry will be used as a blueprint in the long-term for all other South Africa’s land ports of entry.

“The primary intention is to ensure the realisation of regional economic integration in the SADC region, while facilitating the realisation of African Continental Free Trade Area,” the Minister said.

Motsoaledi said in order to ensure that ongoing operations at each of the designated Ports of Entry are not interrupted, construction will be undertaken in phases.

“During construction, the project is expected to create in the order of 38 000 jobs in areas around the six designated ports of entry,” he said.

The six ports of entry earmarked for upgrading or redevelopment are:

• Beitbridge - Zimbabwe

• Lebombo - Mozambique

• Maseru Bridge – Lesotho

• Ficksburg - Lesotho

• Kopfontein - Botswana

• Oshoek - Eswatini

The redeveloped ports of entry will result in:

• Efficient cross-border management of the movement of people, goods and services.

• Improved administration of persons entering and leaving the Republic.

• Better regional economic integration, and enhanced support for the African Continental Free Trade Area.

• Improved revenue collection and addressing leakages caused by the illegal movement of goods and illicit financial flows.

• Protecting local industry from harmful imports and exports.

• Effective migration management including curbing illegal migration. – SAnews.gov.za

Edwin
Wed, 09/06/2023 - 13:10

405 views
Read moreFacelift for land ports of entry
6 September 2023

President condemns attacks on judiciary

Location: News

President condemns attacks on judiciary

President Cyril Ramaphosa has reiterated his condemnation of the attacks on the judiciary.

“All the citizens of South Africa are enjoined to respect, protect and promote our Constitution and the rule of law by respecting and protecting the judicial authority of our courts.

“This is important to ensure that our constitutional democracy continues to thrive,” President Ramaphosa said on Tuesday in Cape Town.

Participating in a Questions for Oral Reply session in the National Assembly, the President explained that the judiciary is an essential part of the democratic order.

“The Constitution clearly states that the courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice.

“I have often spoken out publicly against attacks on our judiciary. Unless supported by evidence, such claims undermine confidence in our courts and weaken our Constitutional order,” he said.

The President acknowledged that the Constitution guarantees of freedom of expression and opinion. However, he reminded South Africans that these freedoms should not undermine the Constitutional order, as this may lead to the erosion of trust in the judiciary.

Section 165(3) of the Constitution states: “No person or organ of State may interfere with the functioning of the courts”.

President Ramaphosa encouraged anyone who feels aggrieved by the conduct of any member of the judiciary to approach any of the relevant bodies to lodge a complaint.

“In the case of judges, this body is the Judicial Service Commission and in the case of magistrates, it is the Magistrates Commission. If the grievance is about a court’s decision, there are processes of review and appeal available.

“The Chief Justice is tasked with the development, implementation and monitoring of the norms and standards applicable to the Judiciary and therefore the Chief Justice can also be approached to ensure that the norms and standards are adhered to,” the President said. – SAnews.gov.za

nosihle
Wed, 09/06/2023 - 09:10

102 views
Read morePresident condemns attacks on judiciary
6 September 2023

Cops cautioned over arresting people for cannabis use and possession

Location: News

“There is currently no legislation that prescribes what quantities of cannabis may be possessed or cultivated”

Read moreCops cautioned over arresting people for cannabis use and possession
5 September 2023

Public Protector urged to respect constitutional process on suspension

Location: News

Public Protector urged to respect constitutional process on suspension

President Cyril Ramaphosa has outlined to suspended Public Protector Adv. Busisiwe Mkhwebane the constitutional processes that pertain to her suspension or potential removal from office, which therefore prevent her from reporting for duty.

In a letter on Monday, the President set out the conditions preventing Mkhwebane’s return to the office.

“The President was responding to a letter he received from Adv. Mkhwebane earlier on the same day in which she expressed her intention to report for duty today, Tuesday, 5 September 2023, until the expiry of her term of office on 14 October 2023 or any lawful removal in terms of Section 194 of the Constitution, whichever happens first,” the Presidency said.

The President has pointed out to Adv. Mkhwebane that her intention to return to work is misconceived.

This is due to the fact that the proceedings initiated by a Committee of the National Assembly, which has inquired into Adv. Mkhwebane’s fitness to hold office have yet to be completed.

The Presidency said that since the Committee has adopted its report, the proceedings, which it initiated, will be finalised either when the National Assembly does not adopt a resolution calling for the removal from office of Adv. Mkhwebane, or if the National Assembly does adopt such a resolution.

In his letter, the President said: “It is therefore patently clear that the process initiated by the Committee is not completed, (as your letter suggests) when the enquiry by the Committee has been finalised.

“In the circumstances, you have no right or entitlement in law to return to office pending the decisions to which I refer above.

“In the circumstances, while I thank you for your courtesy in informing me of your intention, your interpretation of the Presidential Minute and my letter is wrong, and your intention to return to office is misconceived.

“Your letter states that you were advised on 24 August 2023 that the Committee had completed its part of the process, and that its report would be tabled in the National Assembly. You waited until today to inform me of your intention to return to office tomorrow. Such precipitate action is unjustified on any basis”. – SAnews.gov.za

nosihle
Tue, 09/05/2023 - 11:36

302 views
Read morePublic Protector urged to respect constitutional process on suspension
5 September 2023

President urges suspended Public Protector to respect constitutional processes relating to suspension or removal from office

Location: News

The Presidency: Republic of South Africa
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President Cyril Ramaphosa has outlined to suspended Public Protector Adv. Busisiwe Mkhwebane the constitutional processes that pertain to her suspension or potential removal from office and which therefore prevent her from reporting for duty.

President Ramaphosa set out the conditions preventing the suspended Public Protector's return to office in a letter to Adv. Mkhwebane dated 04 September 2023.

The President was responding to a letter he received from Adv. Mkhwebane earlier on the same day and in which she expressed her intention to report for duty today, Tuesday, 05 September 2023, until the expiry of her term of office on 14 October 2023 or any lawful removal in terms of Section 194 of the Constitution, whichever happens first.

The President has pointed to Adv. Mkhwebane that her intention to return to work is misconceived.

This is due to the fact that the proceedings initiated by a Committee of the National Assembly which has inquired into Adv. Mkhwebane's fitness to hold office have yet to be completed.

Now that the Committee has adopted its report, the proceedings which were initiated by the Committee will be finalised either when the National Assembly does not adopt a resolution calling for the removal from office of Adv. Mkhwebane, or if the National Assembly does adopt such a resolution.

In his letter, the President said: “It is therefore patently clear that the process initiated by the Committee is not completed, (as your letter suggests) when the enquiry by the Committee has been finalised."

“In the circumstances, you have no right or entitlement in law to return to office pending the decisions to which I refer above."

“In the circumstances, while I thank you for your courtesy in informing me of your intention, your interpretation of the Presidential Minute and my letter is wrong, and your intention to return to office is misconceived."

“Your letter states that you were advised on 24 August 2023 that the Committee had completed its part of the process, and that its report would be tabled in the National Assembly. You waited until today to inform me of your intention to return to office tomorrow. Such precipitate action is unjustified on any basis.”

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

Read morePresident urges suspended Public Protector to respect constitutional processes relating to suspension or removal from office
4 September 2023

Nandipha Magudumana’s kidnapping claim questioned by state

Location: News

Magudumana has “a right to liberty” until convicted, court told

Read moreNandipha Magudumana’s kidnapping claim questioned by state
4 September 2023

Hawks nab over 600 suspects in 1st quarter

Location: News

Hawks nab over 600 suspects in 1st quarter

The Directorate for Priority Crime Investigation (DPCI) has during the first quarter of the 2023/24 financial year arrested at least 611 suspects who have appeared before various courts across the country.

The National Head of the DPCI, Lieutenant General Advocate Godfrey Lebeya, on Monday said during these arrests, the DPCI (also known as the Hawks) seized various exhibits including precious metals and diamonds, endangered species, vehicles, cash, firearms, ammunition, counterfeit goods, explosives and electronic devices worth R6 112 768 985.

Addressing media in Pretoria, Lebeya said of the total number of arrests made, 229 accused persons were convicted and sentenced.

“As the DPCI, we would like to present to the public that our members are hard at work in dealing with national priority offences,” Lebeya said.

Of the 229 convicted persons, 16 were sentenced for money laundering.

“Most of the arrests relate to fraud, which accounts for 203 suspects, while money laundering amassed 48 suspects. Seventy-two suspects were equally arrested for narcotics and endangered species. The remaining 288 suspects were arrested for the other 17 types of national priority crimes,” Lebeya said.

The DPCI continues to deal with those who committed crimes related to the COVID-19 Relief Fund, as coordinated at the Fusion Centre, which is housed at the Financial Intelligence Centre (FIC).

According to Lebeya, as at the end of June this year, 190 suspects were secured before various courts. Of these, 64 accused persons were convicted in 49 cases.

“In this brief, I shall only highlight 30 cases which represent 4% of these 840 successes. Of these 30 cases, 19 are for arrest while 11 are for convictions.

“The signing of a new memorandum of understanding between the DPCI and South African Revenue Service (SARS) has bolstered cooperation and collaboration that promotes joint initiatives and effective operational arrangements.

“This important accord boosts the ability of the country’s law enforcement agencies to enhance corruption, contraventions of tax laws, money laundering and other financial crimes.

“Amongst the successes achieved in this quarter is 19 arrests and five convictions for tax administration offences. Over and above, five arrests and a conviction were secured for contravention of the Customs and Exercise Act,” Lebeya said.

Human trafficking

With regard to human trafficking cases, Lebeya said trafficking in persons is modern day slavery and a crime against humanity, and that South Africa has not been spared this twin-pandemic of trafficking in persons and smuggling of migrants.

During this reporting period, seven potential victims of trafficking in persons were rescued, while nine suspects were arrested and two life imprisonment sentences secured.

In one case, two females aged 20 and 31 were found at the home of Esther Mwanza (41). They are alleged to have been trafficked from the Democratic Republic of the Congo to South Africa, where they allegedly endured labour exploitation.

Mwanza was arrested by the Hawks’ Serious Organised Crime Investigation based in Klerksdorp. She made a brief appearance before the Klerksdorp Magistrate’s Court for trafficking in persons.

The victims were interviewed and subsequently taken to a place of safety, which was provided by the Department of Social Development.

Lebeya said 48 suspects were arrested on drug related charges.

“The majority of these suspects were arrested by the South African Narcotics Enforcement Bureau (SANEB) within the component Serious Organised Crime Investigation (SOCI) of the DPCI. Drugs valued at R3 642 641 782.41 were seized and five drug laboratories in Gauteng, North West and Western Cape were dismantled,” he said.

Lebeya said cash-in-transit heists continue to be a thorn in the economy of the country and that the DPCI, in collaboration with private organisations such as Cash-In-Transit Association of South Africa continue to strengthen the fight against these crimes. – SAnews.gov.za

 

Edwin
Mon, 09/04/2023 - 13:06

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Read moreHawks nab over 600 suspects in 1st quarter
4 September 2023

Spotlight on inner city housing challenge in fire aftermath

Location: News

Spotlight on inner city housing challenge in fire aftermath

The fatal Usindiso Building fire in Johannesburg last week has highlighted the need to resolve South Africa’s inner city housing challenge and root out “rampant criminality” in these areas, says President Cyril Ramaphosa.

At least 74 people perished in the fire, with scores others left injured.

“This tragedy has brought to the fore the need to resolve the challenge of housing in our cities. Even though millions of houses have been built since the advent of democracy, providing decent homes for over 14 million people, the demand for housing continues to grow.

“The movement of large numbers of people into our major centres is fuelling the growth of informal settlements and placing further strain on infrastructure and services,” the President said in his weekly newsletter.

The President said rooting out criminality in accommodation in the inner city is a priority.

“As a starting point, municipal authorities across the country dealing with inner city decay need to redouble their efforts to revitalise these areas, use regulatory and legislative provisions to safeguard human life, and hold landlords, whose premises have become headquarters of criminal activity, accountable.

“We have heard about progress in some areas. It was reported that last year, for example, the City of Johannesburg managed to return some 47 ‘hijacked’ buildings to their lawful owners. Once rehabilitated, these buildings could provide safe and decent low-cost housing for the poor,” President Ramaphosa said.

The President emphasised that similar to most South Africans, people living in buildings like the Usindiso Building, want a decent quality of life.

“They want a safe place to live close to work opportunities and services. We need clean, safe, liveable and vibrant inner cities that attract people to live, work or study. We want our inner cities to attract businesses and investment.

“We cannot allow certain parts of our cities to suffer chronic neglect and become ‘no-go areas’ because of rampant criminal activity. 

“We have to obey the law and observe regulations that exist for our safety and for the safety of others. We need to work with officials seeking to strike a balance between the rights of tenants and regard for their safety and wellbeing. Above all, we need to report acts of criminality and not be party to them,” he said.

In the aftermath of the fire, tensions between the local authorities and civil society were raised.

The President called on all parties to work together.

“We have a shared responsibility, as government, business and civil society, to do everything we can to provide support and protection. Let us work with, and not against, each other.

“Let this tragedy compel us to work much harder to give effect to the human dignity that is the right of us all,” President Ramaphosa said. – SAnews.gov.za

NeoB
Mon, 09/04/2023 - 11:45

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Read moreSpotlight on inner city housing challenge in fire aftermath
3 September 2023

Criminals must acquire “no space to operate in”

Location: News

Criminals must have "no space to operate in"

President Cyril Ramaphosa has issued a call to the South African Police Service (SAPS) to demonstrate that they can take on criminals and protect South Africans as well as the authority of the state.

The President was speaking on Sunday at the SAPS National Commemoration Day honouring the lives of police officials and reservists who died in the line of duty between 1 April 2022 and 31 March 2023.

President Ramapohosa’s call comes just two days after some 18 suspects – who were allegedly planning a cash in transit heist – were killed during a shootout with police in Limpopo.

“We must all unite and work together to ensure we leave no space for criminals to operate in. The time has come for the police to demonstrate to the South African people that indeed, we can gird our loins and indeed we can take on these criminals. Just like the police did in Limpopo 48 hours ago.

“It is now time to show that the authority of the state cannot be disrespected. It cannot and must not be disregarded. The authority of the state is the authority of the people of South Africa as a whole. We are the people.

“Therefore anyone who disrespects and disregards the people of South Africa collectively, under the umbrella of the state, must know that they’ve crossed the line and we will not allow them to do as they wish and we will not allow them to kill those whose job is to protect, defend the people of South Africa,” he said.

The President told the gathering that deadly attacks on police officers are once more on the rise.

“The Constitution mandates police to prevent, combat and investigate crime. It mandates them to maintain public order and protect the inhabitants of the Republic and their property. Theirs is the noble duty of ensuring that all people in South Africa are safe and feel safe.

“The officers we are commemorating today lost their lives to criminals who have no regard for the rule of law. The increase in the killings of police officers, whether on or off duty, demonstrates the level of desperation of criminals to remove any obstacle that is in the way of their criminal intent. Attacks on police officers must come to an end,” President Ramaphosa said.

Honouring fallen heroes and heroines

Some 34 police officials and reservists were honoured during the commemoration ceremony with their names etched on the Memorial Wall at the Union Buildings in Tshwane.

President Ramaphosa assured that “there must be justice and there will be justice for the families of our fallen heroes and heroines”.

“The hard work of the Directorate for Priority Crime Investigations, known as the Hawks, has resulted in the arrest of 76 suspected police murderers over the past year. These cases are currently before different courts.

“A total of 488 suspects have been arrested for deaths of police officers since 2018. Through diligent investigative work, nine convicted police killers were handed down nine life sentences, a sum total of 158 years imprisonment. We must continue to arrest, prosecute and convict those who wilfully undermine the authority of state.

“The members we are remembering today were spouses, parents, sons and daughters, siblings, colleagues, and so much more. Many of them were breadwinners. Although the convictions of these criminals can never bring their loved ones back, it will comfort them knowing that justice has been served,” he said.

The President passed on his condolences to the families that lost loved ones while serving the South African public through their work.

“On behalf of the government and the people of South Africa, we thank the 34 fallen heroes and heroines posthumously for their bravery and service to the country, which they rendered diligently.

“We want to thank their families who supported them throughout their careers in the SAPS, for having been their strength, their support and their comfort. To the families of the fallen officers, we pray that you find peace and healing.

“May their souls rest in peace,” President Ramaphosa said. – SAnews.gov.za

 

NeoB
Sun, 09/03/2023 - 11:58

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Read moreCriminals must acquire “no space to operate in”
3 September 2023

Lessons to be learnt from tragic building fire

Location: News

Lessons to be learnt from tragic building fire

President Cyril Ramaphosa has reiterated that the tragedy in which 74 people died during a fire in Johannesburg must not be allowed to happen again.

He was speaking during a meeting of the Presidential Coordinating Council (PCC) at the Sefako Makgatho Presidential Guest House in Tshwane on Friday.

The PCC meeting was attended by Cabinet members and provincial Premiers and was preceded by a moment of silence for the victims of the fire.

“We are meeting here just a day after a catastrophic building fire in central Johannesburg claimed the lives of more than 70 people. As we await further information on the cause of the fire and the huge loss of life, we must ask hard questions about the effectiveness of our interventions to improve the living conditions of our people.

“As we grieve this devastating loss, let us learn from this tragedy and make sure that it never happens again,” President Ramaphosa said.

According to the Presidency, the meeting discussed various issues of national importance including service delivery, the District Development Model and crime and “the need to continue enhancing intergovernmental coordination”.

“The meeting…deliberated on service delivery constraints and proposed interventions; the implementation of the District Development Model (DDM); and corrective action plans to address the worst performing municipalities in terms of the Blue Drop and Green Drop assessments of water and wastewater treatment quality.

“The meeting reaffirmed the need to continue enhancing intergovernmental coordination, with a particular focus on infrastructure development and related financing mechanisms in view of the constrained fiscal environment. The meeting also welcomed proposals on the institutionalisation of the District Development Model and the roll out of the DDM support tool that will enable more focused and improved serviced delivery.

“On the ongoing fight against crime, the PCC resolved to strengthen the partnership between law enforcement agencies and the various provincial crime fighting initiatives to address illegal mining, intimidation of contractors and other security threats, and to bolster community based crime fighting capacity,” the Presidency said.

The PCC is the President’s platform for consultation and engagement with provinces and local government in order to raise matters of national interest, ensure alignment of strategic priorities, strengthen coordination, and discuss performance.

The PCC transcends local boundaries and coordinates action across spheres of government in a holistic and transversal manner, according to the Presidency. – SAnews.gov.za

NeoB
Sun, 09/03/2023 - 10:16

112 views
Read moreLessons to be learnt from tragic building fire
2 September 2023

Prisoners were tortured at Leeuwkop prison, court finds

Location: News

Minister of Justice and Correctional Services is 100% liable to pay damages

Read morePrisoners were tortured at Leeuwkop prison, court finds
1 September 2023

Call to educate communities on legislation

Location: News

Call to educate communities on legislation

Employment and Labour Minister Thulas Nxesi has spoken of the need to educate communities on the recently amended Employment Equity Act.

The Minister was addressing the Chatsworth community and communities from adjacent areas in KwaZulu-Natal.

The Minister spoke to communities on the recently updated Employment Equity Act (EEA), workplace equity, affirmative action, and related topics. He said that there is still a long way to go towards emancipation, and acknowledged that the pace of transformation of workplaces remains at snail’s pace.

Nxesi noted that the Commission for Employment Equity (CEE) Report released in June showed that employment equity (EE) in the workplaces is unfolding at a snail pace, with top management still occupied by Whites at 62.9%, followed by Africans at 16.9%.

This, according to CEE is despite the fact that Africans constitute 80% of the national economically active population (EAP), followed by Coloureds at 9.3%, Whites at 8%, and Indians at 2.7%.

He added that the representation of people with disability in the workplaces is an indictment on government.

The Minister also bemoaned the economic sectors that have abandoned their charter commitments to transform, noting that corruption has seemingly taken over and destroyed communities.

“We had to postpone the promulgation of [Employment Equity] EE Regulations to first hear the voices of people. Transformation is painful and not nice,” he said.

The EE Act is interpreted in compliance with the Constitution and in compliance with the international law obligations of the Republic, in particular those contained in the International Labour Organisation Convention, 1958 (No. 111) concerning Discrimination in Respect of Employment and Occupation.

The International Labour Organisation’s (ILO), Discrimination (Employment and Occupation) Convention, places an obligation on ILO member countries to elimination of discrimination in employment and occupation and the promotion of equality.

Nxesi emphasised that the Convention prohibits all discrimination exclusion on the basis, including race or colour, sex, religion, political opinion, national or social origin in employment, and requires states to enact legislation that is based on equal opportunities.

“On the other hand, the purpose of the Employment Equity Act is to achieve equity in the workplace by – promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure their equitable representation in all occupational categories and levels in the workforce.

“In the advancement of elimination of unfair discrimination, the EE Act places the responsibility on the employer to take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice,” Nxesi explained.

In the prohibition of unfair discrimination, the Act prescribes that no person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds.

These include race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth.

The next EE workshop will be held in Cape Town in the Western Cape on 13 September 2023. 

The EE workshops target employers or heads of organisations, academics, assigned senior managers, consultative forum members, human resource practitioners, trade unions, employees and other interested stakeholders.

EE reporting season opens

Meanwhile, the department has announced that 2023 EE reporting season opens on 1 September 2023 for both manual and online reporting.

“In terms of reporting timeframes, the manual reporting will close on 2 October 2023 and the online reporting closes on 15 January 2024. SAnews.gov.za

 

GabiK
Fri, 09/01/2023 - 12:02

237 views
Read moreCall to educate communities on legislation
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