Category Archives: Niren Tolsi

M&G: Dlamini-Zuma report: Report puts KZN councillors in firing line

http://mg.co.za/article/2013-02-08-00-report-puts-councillors-in-firing-line

Dlamini-Zuma report: Report puts KZN councillors in firing line

by Niren Tolsi

Influential KwaZulu-Natal politicians have been implicated in a probe into election irregularities by Nkosazana Dlamini-Zuma.

Powerbrokers in influential ANC regions in KwaZulu-Natal are likely to face the chop as councillors if the recommendations of the report compiled by current African Union chairperson Nkosazana Dlamini-Zuma are acted upon.

Dlamini-Zuma’s report was initiated by ANC President Jacob Zuma to investigate allegations of irregularities in the list processes for councillors leading up to 2011 local-government elections. The ANC had opened up nominations to broader communities, rather than just party members, for the first time.  Continue reading

M&G: Lawyer claims Marikana witnesses arrested, beaten

http://mg.co.za/article/2012-10-24-lawyer-claims-marikana-witnesses-arrested-beaten

Lawyer claims Marikana witnesses arrested, beaten

by Niren Tolsi

Lawyers acting for families of 21 of the miners killed at Marikana in August have called for the immediate release of four witnesses arrested by police on Tuesday night, as they were returning from the Farlam commission of inquiry into the tragedy, being held in Rustenburg.

According to the Socio-Economic Rights Institute of South Africa (Seri), Zamikhaya Ndude, Sithembele Sohadi, Loyiso Mtsheketshe and Anele Kola were arrested when a taxi carrying 14 people, who had attended Tuesday’s proceedings, was stopped by a police armoured vehicle.

Seri attorney, Teboho Mosikili said: “The four were pointed out and arrested, apparently by, or on the information of, a police officer that had attended the commission’s hearing [on Tuesday]. Hoods were placed over their heads and they were told not to speak, or they would be shot.”

Moskili said the arrests, “in the presence of police officers who had been present at the commission” had affected “the integrity of the commission: that the police are making arrests before the commission has reached its findings makes this whole process redundant”.

Brigadier Thulani Ngubane, spokesperson for the North West police said the four were arrested for the series of “mysterious murders” that had taken place in Marikana since the August 16 massacre. He said the police were doing a routine vehicle control point search and “the suspects that we needed were in this vehicle”.

He refused to specify to the Mail & Guardian which murders they had been arrested for: “We don’t want to come out with specific murders because then it gives the opportunities for others involved to flee,” said Ngubane.

Seri have, according to Mosikili, written to the police’s legal representatives at the commission to ask for their immediate release and that an assurance be given “that no further arrests will be effected in relation to charges that may arise in connection with the events under investigation by the commission, or of persons travelling to, from, or attending the commission”.

He said that if these demands were not met by October 29, when the commission reconvenes, Seri would ask for a postponement and consult with its clients over whether to withdraw from proceedings. Mosikili added that Seri was hoping for solidarity on the matter from the other legal teams involved in the commission.

The Mail & Guardian has also learnt that English lawyer, James Nichol, a partner at the TV Edwards LLP law firm, who is consulting with families of the dead miners, has written to the England and Wales Law Society requesting that it “urgently” sends observers to the commission “to help ensure that the proceedings remain fair and that, in particular, the South African Police Force is prevented from intimidating miners who are to be witnesses before the inquiry”.

Nichols noted that since the killings at Marikana, “there have been numerous occasions in which the police have used grossly excessive force against the residents of Marikana”. He pointed to the killing of ANC councillor, Paulino Masuhlo, in a clampdown on Marikana ordered by President Jacob Zuma in September, as one example.

Nichols’ letter points to a systematic programme of intimidation instigated by the police: “In the last few days important witnesses, miners who are poor, live in corrugated shacks and are often unable to read or write, have been arrested and intimidated by SAPS.”

This programme, according to Nichols, culminated in Tuesday’s arrests when “an estimated 30 to 40 police in an armour-plated vehicle, vans and other unmarked vehicles” stopped the taxi in which the four were travelling.

“The group were ordered out of the vehicle by police wielding pistols and rifles, forced to lie face down in the dirt, and pinned down with booted feet at their necks. The police slapped and beat members of the group, threatening to shoot them if they attempted to look up. One member of the group was warned ‘I will blow your head away!'” said Nichols in his letter.

According to Nichols the four men were all former strike leaders at Lonmin and were identified by police as “these are the ones that we are looking for”. They were given no reason for their arrest, according to Nichols. He also intimated that he would be making similar requests for observers to the Bar Council and international legal bodies.

Mosikili added that, “The arrests materially and adversely affect Seri’s ability to prepare for and participate in the commission’s work … They were providing Seri and the team, lead by advocate Dali Mpofu, with information and testimony which is adverse to the police. They are unlikely to do so without fear of retribution while in police custody.

“Furthermore, it appears, prima facie, that the arrested persons were targeted because they were assisting us at the commission. Seri can no longer, in good conscience, provide to the commission, or the parties to it, information relating to the identities of potential witnesses who may provide information and testimony adverse to the police.”

Ngubane dismissed Seri’s fears around tainted witness testimony by saying, “these criminals are the property of the state … Lawyers would understand that a criminal is a criminal but they will have access to these criminals. The laws of the land allow it, the commission allows it, the commission has subpoena powers and the police will ensure that these witnesses appear before it.”

M&G: Landmark evictions ruling poses a threat to municipal officials

http://mg.co.za/article/2012-09-19-landmark-evictions-ruling-poses-a-threat-to-municipal-officials

Landmark evictions ruling poses a threat to municipal officials

Municipal officials now face the very real threat of being fined or imprisoned over evictions following a judgment by acting judge Nigel Hollis.

by Niren Tolsi

Wednesday’s groundbreaking ruling at the KwaZulu-Natal High Court compelled eThekwini municipality officials to provide 37 families living in a transit camp with permanent accommodation within three months – or face a fine or imprisonment. Continue reading

M&G: Activists decry talk of ‘third force’ at Marikana

http://mg.co.za/article/2012-08-23-activists-decry-talk-of-third-force-at-marikana/

Activists decry talk of ‘third force’ at Marikana

by Niren Tolsi, Mail & Guardian

The suggestion, presented with a sprinkling of muti, is that the 34 miners would not have been shot dead if some unseen hand had not been at work.

The Marikana dust appeared to have just settled on the bodies of the 34 dead miners last week when the spin machines started whirring out the spectre of a “third force”, whispering of “agents provocateur” and “criminal elements” at work.

The suggestion, presented with a sprinkling of muti, was that the 34 miners would not have been shot dead by police if some unseen hand had not been at work, manipulating miners’ away from the organized neatness of the National Union of Mineworkers (Num) and the tripartite alliance towards an illegal strike and a nefarious – but undefined – end.

Lonmin, Num, the ANC and government, despite being painfully absent in the days immediately after the massacre, still collectively managed to awaken the spectre of something uncertain, but counter-progressive, behind the deaths. Their panicked, heavy, silences, punctuated only by scrambled attempts to fend off Julius Malema’s presence, reassure markets or suggest that an un-named Svengali was at work.

According to grassroots activists the accusations of “criminality” and “third forces” are familiar: used to delegitimise and dismiss dissent and grievances – and perpetuate the notion of a society homogenously content with an ANC-led government.

Mnikelo Ndabankulu of the shack dweller movement Abahlali baseMjondolo noted police’s ramped up presence, arrests and intimidation at their marches compared to “Cosatu marches”.

Fighting for a living wage

“Treatment by the police is ten times worse than for someone like Satawu [the South African Transport and Allied Workers Union, a Cosatu affiliate] who go to the streets and destroy it and chase all the traders away,” said Ndabankulu.

Ayanda Kota, chairperson of the Unemployed People’s Movement, said these allegations “take the agency away from us. It’s the same argument used for the mineworkers fighting for a living wage: they are being used by some ‘third force’… Poor people…apparently can’t organize. It was the same with Steve Biko and the Black Consciousness Movement – the CIA were behind them.”

It is a depoliticisation of discontent that McGill University academic Jon Soske suggested in an online piece this week introduced a “new politics of grief” where “counterfeit mourning” and the packaging of “tragedy and condolences” by those in power “attempts to rob these deaths of any political meaning”.

Nigel Gibson, professor at Emerson College and author of Fanonian Practises in South Africa said: “Criminalization is absolutely essential to dividing a movement. It hamstrings it. But also it is an important tactic to dissipate support from outside, just as was done after the attacks on Kennedy Road [informal settlement in Durban, the former Abahlali headquarters]. Immediately the media focus – strategically promoted by the ANC of course – was to accuse Abahlali members for the murders and thereby not only criminalize the whole organization but create confusion among potential supporters in civil society. That the case was later thrown out of court and the accused acquitted is less important. The criminal label has already done its work.”

The 2009 attacks on Kennedy Road left two people dead and allegations continue to circulate that the ANC was involved in an attempt to eviscerate the uppity social movement.

Over-reaction

Richard Ballard, of the University of KwaZulu-Natal’s school of development studies, and co-editor of Voices of Protest: Social Movements in Post-Apartheid South Africa, noted in a chapter of a volume entitled Democratising Development that the ANC has a “somewhat hysterical response” to the various social movements that emerged post-1994 that “may initially be seen to be an over-reaction” in light of its large electoral majority.

“Yet they can be read as a shrewd attempt to monopolise the definition of legitimate expressions of citizenship,” continues Ballard.

This monopolistic impulse, combined with paternalism derived from an electoral majority and increasingly authoritarian tendencies by state security apparatus expressed itself most extremely in Marikana.

Rhodes University’s school of journalism’s Jane Duncan, said the violence could not “simply be attributed to the militarization of the police” but also reflected a global policing trend that “has moved away from a facilitative, rights-based approach to protest to something more authoritarian”.

The replacement of Public Order Policing units by police untrained in crowd control and leadership’s shoot first messaging where also contributing factors she added.

Academics like Ballard suggest that events like 2002’s World Summit for Sustainable Development, when civil society mobilized more numbers than the “official” ANC-organised march, thus “upstag[ing] it” were pivotal moments in the ANC’s response to dissenting voices. The ANC’s hold on popular mobilization and its mantle as the majority’s representative was threatened.

Mainstream press

This while ANC demagogues attacked the tripartite alliance’s “ultra-left” opposed to government’s Growth, Employment and Redevelopment macro-economic policy.

In 2002, SACP deputy secretary-general Jeremy Cronin was humiliated for warning against the “Zanufication” of the party. Cronin in an interview with Helena Sheehan talked of the conjuring of the “spectre of the [ultra]left”, a tendency with “quasi-treasonable” intent according Thabo Mbeki’s pitbulls.

The growing sense in civil society was if there was a clamp down on dissent within the tri-partite alliance, there was also less space outside it.

Duncan noted the emergence of dynamic social movements in the early 2000s twinned with “increasing abuse of activists [away from the barricades] that has been inadequately documented by the mainstream press.”

Random arrests and torture appear commonplace: Kota said UPM meetings were regularly disrupted by ANC members and that he was publically undressed and beaten in a police station earlier this year. Goaded by police for being the Grocott Mail’s ‘Newsmaker of the Year’.

When international eyes focus on South Africa, the response is insidious. At a civil society march on Cop17 in Durban last year, the Democratic Left Front’s Rehad Desai remembers municipality volunteers disrupting it.” Stones and blows were exchanged. One “volunteer” told the M&G they were there “to defend the president [Jacob Zuma]”.

From state intelligence infiltrating social movements to the murder of Marikana miners, there appears a greater intolerance towards dissent.

M&G: Darkness visible in JZ’s kingdom by the sea

http://mg.co.za/article/2012-07-19-darkness-visible-in-jacob-zumas-kingdom-by-the-sea

Darkness visible in JZ's kingdom by the sea

by Niren Tolsi

With the African National Congress beset by factionalism, is the province still 100% Jacob Zuma? Niren Tolsi investigates.

"Wherever I go I carry a gun these days," a longtime ANC member from the eThekwini region in KwaZulu-Natal said, "not because I am afraid of thugs or political opposition, but because I am afraid of my own."

Continue reading