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Sun May 26 03:25:03 SAST 2013

Hawks target Malema

SIBUSISO NGALWA | 17 September, 2012 00:09
Police officers stop marchers in Rustenburg, North West, in their tracks yesterday. Lonmin is due to resume talks with strikers at its Marikana platinum mine today. It has insisted it cannot meet the workers' wage demands but promised a new approach to labour relations Picture: SIPHIWE SIBEKO/REUTERS

The Hawks are investigating a case of incitement to violence against expelled ANC Youth League president Julius Malema.

The unit will ask media houses for footage of Malema's gatherings and has allocated the case to investigators who deal with "crimes against the state".

The case stems from a charge of incitement made by trade union Solidarity, which alleges that Malema made comments that constituted incitement during his recent visits to mining communities, including that of the striking Lonmin workers in Marikana, North West.

Though Solidarity - the ANC's ideological opponent - laid the charge, it is the ruling party's leadership that wants Malema charged for whipping up emotions in mining communities.

But law experts are sceptical that the charge will stick and Malema has denied inciting violence.

The Hawks are also investigating Malema's financial interests.

Hawks spokesman McIntosh Polela confirmed the incitement investigation, saying: "We are indeed investigating an incitement case against Mr Malema. Our team is in the process of gathering evidence."

Despite his expulsion from the ANC, Malema apparently featured prominently at the party's national executive committee meeting at the weekend, at the St George Hotel, in Irene, near Pretoria.

During a debate on Marikana it is understood that Deputy Minister of Arts and Culture Joe Phaahla and North West ANC chairman Supra Mahumapelo called on the ANC Youth League to distance itself from Malema and the Friends of the Youth League, and issue statements to that effect.

But the youth league's deputy secretary-general, Kenetswe Mosenogi, hit back, saying the league remained committed to "economic freedom in our lifetime".

She did, however, say that the ANC Youth League had issued a statement distancing itself from the Friends of the Youth League when the Malema-support group was formed.

At the national executive committee meeting, a senior ANC leader is said to have called for the expulsion of suspended youth league members Floyd Shivambu and secretary-general Sindiso Magaqa for their association with the Friends of the Youth League.

An executive committee member, speaking on condition of anonymity because he is not authorised to speak on internal discussions, said: "[Deputy President] Kgalema [Motlanthe] said it would be wrong to just expel Floyd and Magaqa without following due processes. He said they were still ANC members."

At a press briefing yesterday, ANC secretary-general Gwede Mantashe denied that Malema's name came up during the committee meeting.

"The role of Julius was not discussed," he said.

In a report by the ANC's national working committee, tabled at the Irene meeting, Malema was accused of undermining a democratically elected government.

"The Marikana tragedy has been exploited by many forces, among them Malema and the Friends of the Youth League, the opposition parties, a section of the clergy and some within the structures of the ANC.

"The prominence of the destructive role played by populism and mavericks points to the possibility of the creation of liberated zones for counter-revolution, and connection of the zone into a Renamo-type movement.

"The strongest pointer to this direction is the attempt to incite soldiers," said the report, which Mantashe prepared.

Renamo, now an opposition political party in Mozambique, was a rebel movement formed by former Frelimo leaders in 1975. It spent many years fighting the ruling Frelimo.

The police and the army descended on Marikana on Saturday to crack down on the six-week-old strike and strip the miners of weapons.

Hundreds of traditional weapons were confiscated and 13 miners were arrested. Teargas was used by the police.

The miners have refused to return to work unless their employer agrees to their demand for a wage of R12500 a month.

Mantashe yesterday criticised the companies in the platinum sector, saying it was the lack of a centralised bargaining council that led to the tension between unions.

He said the mines had tried to circumvent labour legislation by dismissing workers and then "re-employing" them for less.

He hinted that the government would intervene to get the sector to accept centralised bargaining.

By negotiating at "the company level", he said, the platinum sector had tried to weaken unions.

"Only when a major crisis develops do companies appreciate the role of centralised bargaining," Mantashe said. - Additional reporting by TJ Strydom

SHARE YOUR OPINION

If you have an opinion you would like to share on this article, please send us an e-mail to the Times LIVE iLIVE team. In the mean time, click here to view the Times LIVE iLIVE section.

RSA.MommaCyndi

Posted 250 days ago
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So Gwede thinks this is the companies fault for not doing 'collective bargaining'? I so wish that we had someone in government who had a clue.

m1si2zi3nzo4

Posted 250 days ago
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Someone must fill us in here. Weren't the hawks' constitution declared illegal by a court? If so, then why would they be still earning a salary at taxpayers' expense? What would be the impact of this 'investigation', ironically, when a 'judicial inquiry' is already at work? I thought that this 'judicial inquiry' was prompted by Malema's addressing of the strikers and their families, after the massacre. Would it not be appropriate for the hawks to have begun by investigating the massacre first, which opened an opportunity for Malema's entrance? We seem to be experiencing a replay of the Scorpions' pre-Polokwane disc again.

MicaParis

Posted 250 days ago
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Arresting Malema will not help a relevant South African course to perpetually solve the mining sector challenges. The core issue of arresting Malema for me signify nothing but a total failure and embarrassment to our top leaders to solve the domestic challenges as arresting Malema is nothing but playing the individual rather than playing the ball, a material factor that the ANC must do.
By the way ANC should be blamed for Malema mine fiasco because Juju filled the vacuum which was left by the ANC and unfortunately Malema saw the opportunity that was very vital for his course to oust Zuma to explore it to his favour, a vacuum which was created by the ANC through ignoring masses on the floor by focusing too much on tenders and self riches and as such should be blamed for that.
On a deviate ankle may be the Marikana king (Royal House) must be blamed for fuelling the fire as well by providing aid in affording the striking miners a majority of the strikers to make the situation worse, perhaps the Royal House feel excluded from Mining stakes and riches who knows!?
The conditions in which some miners live are an indictment on certain role-players in the mining industry and also on our collective sense of responsibility and fairness. Africa’s richest and largest economy can and must do better to provide a better life for its entire people.
There is a serious and urgent need for visible and felt leadership to stop the current unrest as the current finger-pointing must stop since it will never help.
There is a risk that the unrest on our mines will continue if the finger-pointing continues. We need to find creative and effective ways of ensuring that the liberation dividend reaches as many beneficiaries as possible, especially the poorest of the poor. The circle of beneficiaries from the country’s liberation is not as wide as it should be as most people feel excluded.
More has to be done to make more South Africans to be full viable economic citizens.
We need effective conflict resolution skills and capabilities in the workplace. This is a market and structural failure that needs appropriate and urgent intervention. The boards of mining companies need to focus on industrial relations as part of their oversight of companies. Most boards do not have industrial relations expertise.
I strongly believe that there is nothing inevitable about the fatal violence we have seen at Lonmin. It can and must be prevented to reassert and promote SA’s attractiveness as an investment destination and, above all, deepen the respect for human life as a defining national value for SA.
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UDFSupporter

Posted 250 days ago
@MicaParis..... you can certainly talk the talk. When I read your postings, I am reminded of all the ANC politicians that frequented the business lounges of SAA a few years ago before I retired. These men and women were always name-dropping and talking at the top of their voices about big government issues of the day. Always in English .... so that other passengers could understand what they were saying. What tickled my funny-bone was that most of these dime-a-dozen political "leaders" could spew forth all the jargon and business terms they had picked up from other speakers but they had very little understanding of what these buzzwords meant.

Malema should be arrested for inciting violence. Furthermore, he should be investigated for his financial dealings because he lives high on the hog with a negligible (honest) income. The ANC is rotten and none of the current contenders for president have clean hands. To stop the infighting. we have to stand united and kick the ANC in the nuts so that a government of national unity can give effect to out aspirations for a better life for ALL. And not for those that are more equal than others.
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MicaParis

Posted 250 days ago
UDFSupporter

I share the same sentiments! I once said on this blog to a certain blogger about none of the politicians being clean and I remember writing that ''she / he will be laughed by those who have knowledge and maturity'' to understand that.

Since you are talking about retirement that gives me an idea that you must be old enough to understand issues of our realities not fiction or media spoofs.

I am not saying Malema should not be arrested as he had already stole enough through the eyes of political affiliation through the ruling party but however as far as the Marikana saga and the Mining uprising is concerned Malema should not be blamed because he is only feeling the gap which the Government had since neglected. The gap here is absolutely being curtailed as the ignorance of the social ills and economic inequalities by our top political heads who should be blamed for ‘’favouring’’ the extravagant life style and focusing too much on self enrichment than social commitment to our people.
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QPCLCD308

Posted 250 days ago
fair comment micaparis keep it up but seriously you are waisting your time in the ANC you are the only good within the ANC mafias who does not care about the people.

Thespear

Posted 250 days ago
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It is clear that we need leadership, and we need it urgently… When Marikana started we were informed that this will pass, and now that the momentum is gaining, panic burtons, are pressed again. Our leaders are resorting to force just when the employer has just
Put a proposal down, to move the country forward. Is it a matter of the left not knowing what the right hand is doing? Unfortunately we won’t expect anything from ANC, as it has only came clear from Mantashe ‘s report that he believes the problem is somewhere in this case Malema is the instigator, what about the Employer, who brought a peace accord first before attending to real problems, which gave Malema the platform. Are we
Not beating around the bush, in order to hide failures of NUM, which were caught with their pants down, why should we believe that the workers will respond to Malema’s call, unlike the call from their leaders to go back to work.
I agree, with MacParis arresting Malema is not the solution, in-fact it may backfire again, and justify to many indeed that we lack leadership, the fact on the ground dictates that we act with caution, and not to start threatening people, with full might of the law. What makes this fun, is the fact that Malema has opened a case against the police and the Hawks, are not calling for that case for investigation, but Solidarity case, a union well known for its protection of minority rights, it’s case get priority just as the Afriforum case about Malema did, now in whose interest are the chares bought against Malema, again, we see government, dilly darling, instead of attending to the issue at hand….finally in a democracy the minority also has the right to be heard, not shot at with rubber bullets, or life ammunition.

ProgressiveAfricanDemocrat

Posted 250 days ago
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This is really nonsense. First, we know that the Hawks are no pplitically independent, so ruled the Constitutional Court. Secondly, parliament is still dragging its feet in replacing the Hawks with an appropriate body that is legally constituted and complies with both the law and Constitution. The reason is obviously mnangung because they do not want an independent body that can also go for the big honcho (Jacob Zuma). As for the Hawks charging Malema with incitement, that is plain abuse of the law and constitution. This country values freedom of speech and experession. One only has to look at what Zuma factionalists said in the run-up to Polokwane. There is absolutely no reason for Malema to be charged and besides even if he were to be charged that would only make him a victim of political conspiracy, much needed currency by South African politicians. Besides, the entire thing is going to backfire and will just make Jacob Zuma's position more precarious in the runup to Mangaung. There is no doubt the entire country and ANC are in crisis as a result of failure by the Zuma leadership. Those who argue for retention of Jacob Zuma and second term, just want to perpetuate the crisis in the ANC and country and continue looting state resources.
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m1si2zi3nzo4

Posted 250 days ago
This is also my understanding. But what is the status of their actions, and who are they working for, if they are illegally constituted? Are they also operating as a vigilante group ala-MKMVA? How many previously legitimate structures have turned vigilantes, because of this gross disregard of the law?

Malema should be careful. KZN does not know of different views. From Shaka-Dingane, Faction fights, UDF-IFP, Maphumulo-Zwelithini, and now Zuma and the low-intensity war, it is a kaleidoscope of betrayal, elimination, back-stabbing, and all other mishaps. Its spread into the whole country is adopting epic proportions, and right in our watch.

Silo4G

Posted 250 days ago
Avatar
Lonmin must fire all the unco-operative striking miners and evict them from the mine houses. The miners are just home sick.They must go back to Lesotho and feel the poverty which sent them fleeing to SA mines. Now they all want to drive a GTI Golf 6.
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madlapha

Posted 250 days ago
Who are u?
u think Miners are from outside?
In marikana out of 4000 people who work there only 4 are from Lesotho
ur word are sharp as a spear in this new South africa
I dont think that u understand those challenges faiced by miners.
When i start working for Union mine earning R4000 a month and thats 4 years ago i use to pay R10 a single trip in a taxi.and now those who still work there they pay R16 a trip and their salary is R4500....which means R500 increase in 5 years time.think about Bread,Clothes,Electricity,School'expenditures and daily needs dont forget that we have unfor seen expences like (sick).

i_stub_born

Posted 250 days ago
Avatar
.....MY ANC.......MY CIRCUS.........MY CLOWNS.......

First Zuma proclaims we must not blame everything on apartheid.......When he is grilled from all quarters he recurs to apartheid to hide his inefficiency.......

Zuma says democracy means the majority commands, minority obbeys.......then he says he was quoted out of context........

Zuma and the ANC say: It's the British fault, not us.........Perhaps that is why Tony Blair was here........Imagine if the Dalai Lama came........Buddha would have been accused........

The ANC says they are dealing Marikana with "caution"......not "studied indifference".......

Zuma claims he is developing rural communities......like Nkandla....It is just coincidence he lives there.........



Zuma/ANC say (through) the HawHawks that they are just about to be ready to finally pounce on Malema........If it was not the "just about", they would have been ready.........


The ANC in KZN claim Zuma deserves a second period because "he was not allowed to govern with so much mess"........considering that they also probably believe in "muti" to turn them into Spider Man.............

HA HA HA HA HA HA HA HA...............

mbongwa-m

Posted 250 days ago
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The Hawks are also investigating Malema's financial interests.
...
Let us hope this reporting is correct this around, thetimes has tendency of bad reporting. The future president has committed no sin or break any law.
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UDFSupporter

Posted 250 days ago
"The future president has committed no sin or break any law" refers. Is this not what the rabble who wanted a sitting ANC president kicked out said about their candidate, Jacob Zuma? Even though many commentators have warned you, you still do not realise that your new preferred candidate is spineless and wants to agree with everybody. Even though he might disagree whole-heartedly with something he knows to be unethical and wrong for South Africa, he will follow the bidding of the ANC cabal when the chips are down.

Yotywa

Posted 250 days ago
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There is only one clear thing about us in SA we lack leadership. charging Malema with charges which a law one student can tell you that they wont stick such keeps on evelevating this young men. Why can we address the issue at hand and let him shout in vain..
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i_stub_born

Posted 250 days ago
HA HA HA HA.......

Malema was turned back by the Police....He could not heat the miners ears again........Hamba boetjie !!!......March!!!..........