Category Archives: The Daily Maverick

Daily Maverick: Tactical Response Team’s brutal reign in Wesselton, Mpumalanga

http://dailymaverick.co.za/article/2012-12-10-tactical-response-teams-brutal-reign-in-wesselton-mpumalanga

Tactical Response Team’s brutal reign in Wesselton, Mpumalanga

by Mandy de Waal

Community violence and police brutality have returned to the Mpumalanga township of Wesselton, just outside Ermelo, where it is alleged that the feared Tactical Response Team has become a law unto itself. Residents claim that beatings and humiliating rituals are the order of the day for the people of Wesselton, adding that the local SAPS office refuses to hear their cries for help. As the situation escalates, they are striking matches. By MANDY DE WAAL.

Residents of Wesselton in Mpumalanga went on the warpath recently, torching two cars to protest alleged police violence and the occupation of the area by the Tactical Response Team (TRT).

“On Wednesday 05 December the people took to the street and torched two cars because they were angry with the Tactical Response Team. A few hundred, mostly young people, were protesting and poured petrol on both cars and set them alight,” Msukaligwa Concerned Committee (MMC) deputy chairperson, Dumisani Mahaye, reported to Daily Maverick.

Mahaye said a woman was shot with a rubber bullet on the cheek. “The TRT wanted to arrest her grandson, and the woman wanted to know why, when she was shot in the face,” Mahaye said. He added that the Tactical Response Team had been a fixture in the township for well over a month now.

According to Mahaye the police division, known in the townships as the “amaberet”, were deployed on and off in the Mpumalanga township during 2012, but moved in permanently during November; local residents heard they will be present in the area until mid-January 2013.

“We don’t know why they are here, but our concern is how they behave in the community. Usually people hang out in the parks and every time when the TRT get people, they search them, they beat them, they pour liquor on them. These police sometimes they want all of the people to lie face down on the floor – like to sleep on the floor – and the police walk all over those people,” Mahaye said, before describing his experience with the Tactical Response Team first hand.

“I was beaten by these police while I was in a club. The first time was on a Friday, when they came in and told the DJ to switch the music off. Then a man wearing a brown overall in the TRT screamed: ‘Face the wall. Face your future’. That is when the beatings started. If people weren’t quick enough, or they didn’t face the wall, they were in trouble. If the wall is full, people have to fall down and lie on the ground face-down,” the township activist told Daily Maverick about an attack which took place at a local night club called Dube Tonight in September 2012.

“When they first got here I tried to talk to the TRT. I said: ‘Look, I don’t mind you searching me but…’,” Mahaye’s voice trailed off. He relayed how the TRT started to beat him even before he could get the words out of his mouth. “On Sunday they were back, but I knew how they work now. Some guy screamed and told the DJ to switch the volume off, and then the usual routine followed,” he said.

“The TRT will slap you. They will kick you. They will punch you with the fist in the stomach. If they do not walk on the tables they walk on people’s bodies on the floor. And you don’t look at them. You don’t ask questions. You don’t say anything. If you look at them or ask questions they will brutalise you,” Mahaye told Daily Maverick during a telephonic interview from Wesselton.

Mahaye further alleged that anyone who asked these police any questions about what was happening would be beaten up. “If you ask any questions the TRT will beat you up and they will say to you: “You are not in the position of authority here. We are the ones with guns here. Just do as you are told’,” the activist added.

Mahaye said he was an eyewitness to another incident at a small shopping complex called Thembise in the township. “There are ten shops and a butchery and a bottle store, so the people, they hang out and braai their meat. They open the boot of their car, play music and braai. When the TRT got there they told everyone to face the wall or the floor. They made everyone do push-ups. After that the beatings started,” he said.

“Ever since these police arrived there are ongoing complaints. It is happening almost every day now that people are traumatised; they have firearms pointed at them; people are hit, and our residents are getting very, very angry,” said Mahaye, who stressed that he condemned the torching of a security company vehicle and a Transnet vehicle on Wednesday 05 December 2012 when residents went on the rampage.

“The problem is that the people are now getting so angry that they want to fight the TRT. They want to kill these police or to burn them, because we are making reports but nobody is listening to us,” Mahaye said.

The Wesselton activist said affected residents had gone to the SAPS police station in Ermelo to lodge complaints against the Tactical Response Team, only to be told that the local police weren’t able to help. “If someone wants to open a case they are told to go to the Ipid (the Independent Police Investigative Directorate) offices in Nelspruit. The police here say they don’t have the power to help us. Now the community think that this is a way of trying to get the cases squashed,” said Mahaye.

The Wesselton resident said that Nelspruit was located some 212 kilometres away from Ermelo, and that taxi fare to and from the city meant that locals would need R400 for a return trip. Mahaye said that people didn’t have the money to make the journey.

Mpumalanga police spokesperson, Colonel Leonard Hlathi, said violent incidents the TRT were alleged to have been involved in had to be reported to, and investigated by, Ipid before he could comment. “One cannot just give a comment without any investigations being done. We have all the resources in place for people who need to make such a report, and such an incidence will be investigated by Ipid. I can’t make any comments until such time as these incidents are reported to Ipid, so these complaints can be levelled against the police,” Hlathi said.

When Hlathi was advised by Daily Maverick that Wesselton residents were being instructed by local police to travel some 212 kilometres to Nelspruit to report the incidences of violence to Ipid, he was outraged. “Ipid has done marketing, even on radio, to say that you don’t have to go to them physically to report a case or uncalled for conduct. People can just phone them or get the number from Ipid,” the colonel said.

“There is no reason for the local police to hide this information because Ipid is a legitimate body. There is no way the police can hide this information and I think that you can quote me to say that no police person has the right to hide the availability or existence of Ipid, let alone a number, to anyone who wants to lodge a complaint. The police can’t do that. They can’t do that,” Hlathi said.

Wesselton was set ablaze during service delivery protests in February 2011 which set the stage for violent confrontations between residents and the SAPS. Mayahe and some 100 other residents were arrested and charged with public violence after municipal property to the value of R350,000 was damaged.

After the protests, Mahaye and other activists were picked up by the police and allegedly tortured, with the aim of implicating senior provincial politicians who opposed Premier David Mabuza. Mahaye stated that during the brutality he was repeatedly smothered in plastic, had his head dumped in water, and tortured in ways that would make him stop breathing. Later video evidence of the SAPS abusing a local resident would come to light, and back up the activist’s claims of torture.

David Bruce, a researcher at the Centre for the Study of Violence and Reconciliation, recently asserted that police action in Wesselton created a template for what was to follow at Marikana in August 2012. “In both operations, it is alleged that those who were involved in the protests were arrested, with a large number of them being tortured. After the Wesselton operation, this led to 25 charges of assault being lodged with the Independent Complaints Directorate (ICD). In Marikana, this led to 94 cases of assault being lodged with the ICD’s successor, the Independent Police Investigative Directorate,” wrote Bruce in Business Day.

“In both cases, it is alleged that individuals among the police torturers focused on a specific objective. In Wesselton, it was to get confessions that political opponents of Mabuza had instigated the protests. In Marikana, the alleged objective of these torturers was to obtain ‘confessions’ that former ANC Youth League leader Julius Malema had instigated the protests,” he added.

Bruce penned that a SAPS force which had turned into “political instruments whose task is to uphold the interests of the ruling elite” within the ANC were deployed in both Ermelo and Marikana. “The ANC’s efforts towards politically re-orientating the SAPS have not been comprehensive but have been targeted at specific components, most notably the Crime Intelligence and Operational Response Services divisions.”

Bruce added that the SAPS could no longer be trusted to play a nonpartisan role in politics and stated that “a culture of political deception, manipulation and intimidation that extends to the use of assassination as a political instrument” would be in force in SA. Bruce’s picture of the future is one where the police stand back when members of the ruling party are violent, but actively target dissidents.

Back in Wesselton, Mahaye heard that the police wanted to pick him up in connection with the latest protests. “The police hit people in the street to try to try get confessions about the protest. They want someone to confess and to point out another person, and then they go and find that person and beat them up too so as to get more confessions,” Mahaye said during the phone interview.

Twenty Wesselton residents were arrested after these latest riots, amongst them four youths between the ages of 14 and 16.

“Someone phoned me to say that I am on the list of the people that must be arrested, and that the police say that I am the instigator for the riots last week. But no. I am not. This time I am not involved, but still they think I am the one,” Mahaye said.

The activist no longer sleeps at his home and lives in fear because of the trauma of his alleged torture experience. He says he fears that if he is apprehended by the police again, he will be brutalised.

For many in troubled townships, a nonpartisan police force that terrorises communities and targets activists and opposition politicians is no portent of the future: it is the awful present tense they’re forced to live with.

Daily Maverick: Today’s loan shark feeding frenzy, tomorrow’s revolution

http://dailymaverick.co.za/article/2012-11-07-todays-loan-shark-feeding-frenzy-tomorrows-revolution

In Grahamstown, there’s a woman who only gets R120 from her monthly social grant of R1,200, because the rest is ‘eaten up’ by loan sharks. In a country where close on half of all credit-active people are impaired, the rampant growth in unsecured lending and illegal lenders is creating a real context for insurrection. By MANDY DE WAAL.

Hlomela Dlamini* has been working for the Makana Municipality in Grahamstown for some 15 years. He gets paid about R4,800** gross a month, but only nets little more than half of that. Each month he has the usual government deductions and there’s money that must be paid to his trade union, SAMWU. He also has repayments taken off his salary for Old Mutual, Sanlam and three funeral policies. The deductions off his municipal package total R2,270.00**, which means that after 15 years of working for government, his net pay is R2,530.00**.

But some two-and-a-half thousand rand is not what Dlamini takes home and uses to live off. When the money goes into his bank account the Mashonisas take their cut, and that cut is the cruellest.

The word Mashonisa means “to sink”, because these unscrupulous lenders sink the people who borrow money from them so deeply in debt that for the most part, the borrowers never fully recover. In places like Grahamstown, people know that once the Mashonisas have access to your bank account, you belong to them. These lenders are unregistered and illegal and can charge 100 or 200% a month on a debt. It is estimated that there are about 30,000 illegal credit providers in the country.

This is how that Mashonisas work. If you take home some R2,500, like Dlamini, after all your salary deductions you’ll probably be able to get R1,500 in credit from the unregistered loan sharks.

You run out of money towards the end of the month and there’s an unforeseen emergency, so you take your payslip to these people who promise quick and easy cash loans. The Mashonisas make you sign papers granting them access to your bank account to subtract the principal amount you’re borrowing, plus the exorbitant interest.

You need R1,500, so you are given the money in cash, then and there, at the time of applying for the loan. At the end of the month your salary is deposited and the Mashonisas take their principal amount of R1,500 back plus interest of about R700, which means you’re only left with R230 in the bank, and you’ve got a whole new month to get through. So what happens is that you’re back knocking on the Mashonisa’s door again, looking for the next loan. And so the credit trap rolls on from month to month, because marginalised people mostly don’t have the wherewithal to get out of this cruel debt trap.

Ayanda Kota of the Unemployed People’s Movement, who helped Daily Maverick set up the interview with Dlamini and acted as a translator for the conversation, opened the municipal worker’s “pantry” after receiving his permission. Inside there was some rice, sugar, tea bags, salt, Rajah spice, Rama margarine, peanut butter, polony and a five-litre bottle of cool drink.

“I am not feeling well. I have so much pain. But I must make sure that my child is all right. The peanut butter, polony and juice – they are for my son. I want to make sure he is all right when he goes to school.”

Dlamini’s son recently started school and leaves the small home they share in the mornings to go and learn. The father and son live in a one-roomed shack with one bed, a small stove with two plates, an old sofa and a piece of rope on which clothes hang.

Kota told Daily Maverick that along with many others in Grahamstown, where unemployment is set at some 70%, this man’s spirit is broken. “People drown themselves in liquor. Or they just adapt and get used to suffering. There are those who live in poverty and just accept this as normal, and that’s dangerous. There’s something very wrong with that.”

As the founder of the Unemployed People’s Movement, Kota says Dlamini’s story is the everyman-and-woman’s story of marginalised living Grahamstown, a university town where poverty is rife. “Because unemployment is so high, people who do work must provide for the unemployed extended family. The National Credit Act says that furniture shops and lenders are not allowed to tantalise these people by sending cards advertising loans and letters. But they do this despite of the National Credit Act.”

Advertisements enticing people struggling to make ends meet to take out cash loans are commonplace. The promise of easy cash loans are found in the post, in an SMS on mobile phones, in local newspapers and street advertising. Loan offices are mushrooming in cities and towns across the country. And when people can’t get loans going through a legal route, they go to the Mashonisas.

“Unsecured lending is a major problem in this country,” Stephen Logan, a credit law expert and authority on the National Credit Act, told Daily Maverick. “There are people who can’t get credit at even the highest interest rates, and they go to the Mashonisas, who lend credit without being registered as credit providers.”

Kota said that unregistered loan sharks had wreaked havoc with people in his family and the wider Grahamstown community. An elder member of Kota’s family gets R1,200 a month as an old-age grant from the government. The man experienced a difficulty and went to a Mashonisa to borrow money.

“He borrowed the money from that Mashonisa, and they deduct the repayment and the interest straight back from his account. He now gets R750 and the Mashonisas, they take R450 for themselves each month,” Kota added. The man is trapped in a vicious debt cycle with the Mashonisas, so he borrows R750 each month, and the loan sharks take their interest of R450, and so it goes on because he hasn’t got the means to get out of their clutches.

“I know another person in Grahamstown who gets R1,200 a month but now only draws R120 from the bank. She has had to go back again and again to borrow more money, and now she is trapped in debt. She is trapped in poverty. There is nothing she can do.” The problem, Kota believes, is that people finance the basic cost of living, and then need to borrow more and more to survive.

This woman has borrowed to such a degree that now she doesn’t even get a survival amount and is dependent on others for her well-being. Over time her ongoing lending from these informal loan sharks has eroded her grant to literally nothing.

Figures issued by the National Credit Regulator (NCR) show that the financial health of consumers is deteriorating, while unsecured lending has grown significantly. Data released in September for the second quarter of 2012 showed that the value of new unsecured credit granted during the period increased by 17.55% when compared to the previous quarter. Looking at the year-on-year picture in the NCR’s data (see table below) the value of unsecured loans increased by 36.12%.

Credit granted by credit type (Source – NCR):

“The problem that we have is severe. Forty-seven per cent of all credit-active people are credit impaired, which means that nine million people are at least three months behind on their payments on one account, or worse. At the same time there’s this big growth in unsecured lending. The sustainability of the credit market is in question, because we are in a very low interest rate cycle, and as interest rates pick up, that level of indebtedness will become totally unsustainable,” says Logan.

Speaking to Business Day recently, the CEO of the National Credit Regulator, Nomsa Motshegare, said the rise of consumer debt, the increase in unsecured lending and the upsurge of what she called “unscrupulous lenders” could lead to civil unrest.

“Unsecured loans are not a bad product, but the rate at which it is being extended, especially in an environment where there are already high levels of consumer indebtedness, is of major concern to us,” Motshegare said. “The point is that totality of debt is increasing. While unsecured loans are only 9.1% of the total loans, people have cell phone accounts, they have to pay their municipal rates and taxes while coping with rising food and fuel prices,” she said.

Kota said that social unrest had been brewing for some time, and that the prevalence of protest and civil insurrection is increasing. “Unrest is building from the bottom up. People are losing confidence in the government, and everywhere you go, people talk about Nkandla.” Kota added that government excess and corruption fuelled anger amongst people who were struggling to make ends meet and losing their livelihood to loan sharks. “So many people are talking about the looting of governments. Revolution doesn’t have a blueprint. But you can see that it is building bottom-up.”

“There are so many instances where people aren’t getting paid because of garnishee orders. As prices increase people bear the brunt of this crisis. In the mines, on the shop floor and on the street you see working people prepared to go on unprotected strikes which shows there is major discontent in this country that’s coming from the bottom up,” he added.

Logan said that a stagnant economy meant salaried employees were seeing their spending power eroded. “With the rising cost of food, energy, and even the cost of water, people are struggling. Everything has become much more expensive over time, and it has become so expensive to live in South Africa that people are borrowing to finance their life or lifestyle,” Logan said.

“We have already seen social instability because of garnishee orders. This was part of the problem at Marikana, because the miners had these loans that they were paying back, and were left with so little to live on. This is a countrywide problem, and something we could see more of. The growing debt impairment will lead to more debt collection,” the credit expert said.

“South Africa’s population will be taking home less and less money, and this will lead to more civil unrest. There is a credit bubble that is coalescing and this is exactly what we don’t want to see happening. We don’t want to see greater and greater rates of impairment. We want to rather see it stabilising and reducing. The government and others are trying to fix this, but it is really very late in the day.”

As industry experts and media pundits pointed to the merging of a credit bubble, the Banking Association of South Africa (BASA) and the Ministry of Finance issued a statement at the beginning of November, in which both recognised SA was facing a problem.

“Representatives of major retail banks, the Banking Association of South Africa (BASA), the National Treasury, the South African Reserve Bank and the Financial Services Board have reached an agreement to improve responsible lending and prevent households from being caught in a debt spiral,” the statement, under the names of Pravin Gordhan and BASA CEO Sim Tshabalala, read. “The accord calls for several measures to be taken, including a review of loan affordability assessments, appropriate relief measures for distressed borrowers, reviewing the use of debit orders and limiting the use of garnishee orders.”

Logan told Daily Maverick that there were three key contributors to the “credit bubble”, namely reckless borrowing, reckless lending and the recessionary environment. A fourth contributor, he said, were the materialist values driving people to secure credit for cars, mobile phones and other items at very high interest rates.

“We need to get people to stop buying cars using unsecured personal loans. The banks are giving loans to people for cars, home improvements or home loans that are at 31% or 26% or 28% … This rate is ridiculous and totally unaffordable. The cost of the credit is mad,” Logan said, adding that people needed to look at the total cost of credit they were paying.

Logan said the high rate of credit impairment and unsecured loans was damaging for both the credit market and the consumers caught up in it. “It is very important that the credit system works well so that people can get access to credit, and get credit in a legal format where there are rights and obligations and protections. That people aren’t forced to go to Mashonisas which is undermining our society, and damaging people’s lives.”

“We have to ensure that credit providers implement the National Credit Act because we have one of the best acts in the world. The role of the regulator is really crucial in terms of trying to get this done, and it has been promising for a while now to do this.”

While the credit industry needs work, another problem is the financial literacy of consumers. Thandiwe Zulu, the provincial director Gauteng of the Black Sash, which helps counsel consumers with credit problems, said education was crucial to forging a sustainable solution to this country’s credit crisis. “There have been talks of credit amnesties, and this could remove the problem, but what needs to be tackled is the cause. The cause could be that people don’t know how to budget or manage their income, and then they succumb to debt and land in an even bigger problem. We need financial literacy and education that causes a change in people’s behaviour. We need to deal with the causes so that people manage their finances in an adequate way so that they don’t land in difficult situations that make survival impossible,” Zulu said.

But like most of this country’s problems, the challenge of the credit crisis is extremely complex. The high unemployment rate has created households where extended families are dependent on one or two people’s salaries; inflation and the high cost of living makes survival difficult; and those already caught in the debt trap seem to be falling through the floor.

Add the frustrations of incompetent local municipalities, and a national government that’s over-promising and under-delivering in spectacular fashion and you don’t need a political scientist to tell you South Africa’s become a pressure cooker on a very hot stove. And that all the loan sharks are doing is turning up the heat.

Makause: The activist’s fear of the police and the sunset

http://dailymaverick.co.za/article/2012-10-25-makause-the-activists-fear-of-the-police-and-the-sunset

Makause: The activist’s fear of the police and the sunset

As you read this, General Alfred Moyo, an activist from Makause informal settlement, is hopefully still alive. He spends days in worry and nights in fear for his life. His harassers: the Primrose station police. His crime: standing up for Makause residents’ human rights. By MANDY DE WAAL.

General Alfred Moyo, a community activist from Makause in Primrose, Germiston, who was arrested by police on Friday 19 October 2012 and released on bail a day later, has fled the informal settlement. “I fear for my life. I don’t know what is going to happen. I am stressed and I am scared. I am uncomfortable during the day, but at night I just get scared.”

Moyo was arrested while holding a community meeting on an open sports field. “The police can do anything. They can even hire people inside the settlement to get rid of me. The community has seen everything and they can tell about everything that happened, so the only chance for the police now is to pay someone else to kill me.”

The “everything” happened on Friday afternoon, when Moyo was meeting with community members to discuss what to do when an on-again, off-again march to protest against Primrose police was cancelled a day after it had been approved.

The community has been trying since mid-September to gain permission from local authorities to march in protest against police brutality and the police’s alleged refusal to investigate residents’ cases, but have been thwarted at every turn. The march was given a verbal go-ahead by Metro police on 17 October, only to be banned by the Primrose police station the next day.

“Everyone had been mobilised and the pamphlets were distributed so we decided to have a mass meeting to address the community and discuss a way forward,” Moyo said, adding that the police arrived shortly afterward.

“We told the police we were discussing alternatives to the march and had decided to picket the station. But the police said we couldn’t have a picket there. They said the station was a sensitive area that they must protect it at all costs.” Moyo replied that he was well versed with section 17 of the Constitution and the right to picket or demonstrate.

He said police had been called in from as far as Springs and the surrounding catchment area to ensure the march did not go ahead. The Makause activist was then told to go with police to the station to talk to the station commander. Moyo and a handful of community leaders were negotiating with police when Nikki Pingo, a project manager for an NGO called Planact arrived on the scene. (Planact runs regular development, learning and support meetings for community representatives and civic movements.)

“General and a couple of others were speaking to the police. There were about three police vans parked at the edge of the sports field. Another police van arrived,” she said.

The police again told Moyo to go to the station to speak to the station commander, Lt-Col Thembi Nkhwashu.

Moyo and the Makause leaders were negotiating with police when an armoured police vehicle arrived. Law enforcement officers exited and pulled the community activist into the vehicle. The Makause members moved forward marginally, and Pingo said a policeman threatened the crowd. “The policemen pulled out a gun and pointed it at the crowd. He then threw teargas into the crowd and it dispersed.”

Earlier this month, Daily Maverick reported that the Makause community leader was verbally attacked and threatened by the police, who asked him why he wanted to bring the force into ill repute.

“The head of visible policing, Col Rackson Shuburi, asked us why we were applying to march against the police. ‘What is wrong with you that you want to challenge the code of conduct of the SAPS?’ he asked us. We told him our memorandum would list all our grievances,” Moyo said at the time. “Shuburi warned me that if we went ahead with the march there would be ‘another Marikana’. He was referring directly to the events at Marikana where the police shot and killed all those protesting miners. He said that the police were ready for us and that if we marched, Makause would be turned into another Marikana.”

The police drove away with Moyo in the Casspir. “We followed the police to the station to find out why General was taken, and when we got there General was taking off his belt, and said he had been arrested. The station commander was very angry with us and said we must leave the police station,” Pingo said, adding that she left the station to call the Socio-Economic Rights Institute of South Africa (Seri), a non-profit rights-based organisation that has a public-interest law centre.

Moyo told Daily Maverick that when he arrived at the Primrose police station the station commander was in the boardroom with brigadiers and regional heads of police. He was called into the room. “I did not know the others. The only one I recognised was (Gauteng Provincial Commissioner Lt Gen Mzwandile) Petros.

“The station commander pointed to me and said: ‘This is the problematic General’. The police brigadiers said that the lady, the station commander, she must deal with me in her own way,” Moyo said. “I was then charged with intimidation because she said that I had intimidated her.”

A handful of people from Makause had gathered and were now standing outside the station. Nkhwashu picked out a young man and woman who were both wearing T-shirts in support of those slain in the Marikana massacre from the crowd. The T-shirts read: “Women demand justice for Marikana” and “Solidarity for the slain of Marikana”, as well as “An injury to one is an injury to all”.

“I went in to try and go to the bathroom to get water when I saw the two people were arrested,” Pingo said. The pair had been stripped of their Marikana T-shirts and forced to stand half naked in the station. As one, a shy woman, tried to cover her torso with a blanket, a policeman at the Primrose police station was alleged to have chipped in: “I don’t know why that woman is acting so shy. It is in our culture, it is natural to show breasts.”

Pingo challenged the station commander, asking why the pair had been arrested and exclaimed it was unacceptable that the young woman had been made to stand exposed. “She (Nkhwashu) told me to get out of the police station,” said Pingo.

There was another brief exchange in which Nkhwashu threatened to arrest Pingo, who then tried to run out the station. As Pingo exited the station, Nkhwashu ordered that she be arrested.

The police took the Marikana T-shirts saying that these would form evidence for a charge of incitement to cause violence. “They took my phones, my camera and my memory stick,” said Moyo. “They said they will make sure they will bring charges against me because they are in power. They can implicate me with anything to ensure I don’t get out and that I don’t even get bail”

As the charge sheets were being filled out Moyo said police listed his address as “no fixed address” and declared that he had no relatives so that he and the other Makause residents wouldn’t get bail.

Moyo, Pingo and the two other Makause residents were detained overnight because police said they couldn’t get a public prosecutor out on a Friday night. Charges levelled against the four include harassment, intimidation, malicious damage to property, resisting arrest and obstructing the police.

Seri obtained expert legal assistance, and the next day the four were released on bail of R1,000 each. “The police told the lawyer that we were all charged with public violence because this charge requires a prosecutor to get bail. With the other charges they wouldn’t need a public prosecutor, and so we had to stay overnight, ” says General.

The four appeared in the Germiston magistrates’ court on 22 October and waited some three hours for the dockets to be brought from the Primrose police station. After a short hearing, the case was postponed until 19 November.

“The charges are baseless, there is no evidence and it is shocking that the prosecutor is allowing police to go ahead with an investigation into these charges,” said Kate Tissington, a senior research and advocacy officer at Seri. “We’ve seen this before with activists. It is a common police tactic to try and crush activists, to tie them up in the legal system. To beat the fight out of them. The other thing is who can pay bail? So people just sit.”

Moyo is out, but no longer sleeps in the community at night because he fears for his life. His life now is about trying to find a place to stay while shuffling back and forth to try and support the community at Makause.

Daily Maverick called Nkhwashu, but she refused to speak to the media and referred the story to an SAPS spokesperson. The spokesperson, Col Mogale, said questions must be submitted by email and that it would take 24 hours to respond, outside of Daily Maverick’s deadline.

Daily Maverick: Shack flames highlight Makause’s deadly combo of lies and local politics

http://dailymaverick.co.za/article/2012-10-18-shack-flames-highlight-makauses-deadly-combo-of-lies-and-local-politics

Shack flames highlight Makause’s deadly combo of lies and local politics

If you thought the road to Mangaung was paved with obfuscation and complexity, you ain’t seen nothing yet. Dig into a local municipality and you’ll find the politics there just as confounding. If not more so. By MANDY DE WAAL.

This is a story of three protagonists – all with divergent versions of what happened. First up is General Alfred Moyo, who is unemployed and lives in Makause, an informal settlement in Primrose, a suburb of Germiston on Gauteng’s East Rand. He’s an activist and, from what this journalist can see (admittedly after just two visits to Makause), he’s fairly highly regarded in the community because he helps people stand up to power and he fixes problems. Makause is a socialist and well-versed in issues of constitutional and land rights, which doesn’t make him popular with the authorities in the area.

Tania Lynette Campbell is the councillor for ward 21 (Primrose) which belongs (politically) to the DA. Campbell took the ward in both the 2006 and 2011 elections and, judging by the election results, it was a good race in an ANC-owned metro.

The other character in this drama is Aubrey Mokgosi, who’s the director of Human Settlements Property & Institutional Support in the Department: Human Settlements in the Ekurhuleni Metropolitan Council.

The story goes like this. On Saturday 13 October 2012, a woman allegedly commited suicide by taking petrol from a generator, pouring it over herself and setting herself alight after her man walked out on her. Makause is an incredibly dense informal settlement; the shacks are wedged well up against each other, and for the most part made of highly flammable materials. Within a short space of time, 18 shacks were consumed.

On Monday 15 October, after many of the 18 families slept out in the rain, Daily Maverick heard about the story from Moyo, the activist. One of the first calls was, of course, to Campbell, the ward councillor, to find out what was going on. Campbell was unaware of the fire in the informal settlement.

“I am surprised I haven’t been notified, because the community development worker has not contacted me. She normally phones me. I haven’t been notified whatsoever,” Campbell said.

“I will have to follow up, I don’t even have knowledge of that whatsoever,” she added.

The community development worker referred to by Campbell, Moyo alleges, doesn’t even live in Makause, but stays some 30km away near Vosloosrus. Community development workers, or CDWs, are an invention of the Mbeki era and, during his tenure as president, The Aloof One said these “multi-skilled community development workers’’ would be government’s direct link to communities. The idea was to “bring government nearer to people and to enable it to respond to community needs”, as expressed at the time.

Ekurhuleni’s Human Settlement man, Aubrey Mokgosi, heard of the incident late on Sunday night, and on Monday morning got the wheels of bureaucracy churning. He effected a survey of the site, and got a quote for disaster relief management from the local government’s official supplier, the Red Ants. When the official supplier was still not on site on Tuesday 16 October, after families had spent four nights out in the rain, he put in the official phone calls to give bureaucracy a little shove.

The Makause shack dwellers affected by the fire did, however, received one common or garden Pep Stores-type blanket per familial unit, and a fair-sized bag of mealie meal. Mokgosi got a quote for R93,879,00 from the Red Ants to supply building materials, reconstruct the shacks and to provide food parcels and blankets.

By Wednesday morning the hammers were hammering, but the materials being used to rebuild the shacks weren’t exactly new. The Red Ants, by Mokgosi’s own admission, are Ekurhuleni’s “official service provider appointed through council supply chain management policy. They both assist council to demolish, relocated (sic), construct shacks as well as to monitor land invasion as and when requested,” Mokgosi wrote in response to the Daily Maverick’s questions.

The next question Daily Maverick asked was whether it was true that “[i]n this instance the Red Ants demolished shacks in a nearby area, and used that material to rebuild the shacks in Makause.” Mokgosi’s response was a challenge to the Daily Maverick to prove the allegation, which was made by the local community.

He added: “Red Ants are allowed to reconstruct shacks with used material.”

Nonetheless, it is not difficult to raise ethical queries around a supplier that’s ruthlessly evicting people, knocking down shacks and carting off the building materials. Who then restores shacks or builds shacks, and can use “recycled” material. But then, Google the word Ekurhuleni and you’ll hit a number of links claiming ethics aren’t enshrined on the metro’s mantle.

Furthermore, members of the Red Ants where arrested for theft late last year during evictions in Germiston for-theft and were alleged to have attacked residents with crow bars.

But let’s get back to why Campbell, the ward councillor for Makause, was the last to know about the fire. Moyo’s story is that this is because she (together with the ANC-led metro) wants to evict people off Makause so that a mall can be built on the site.

“The last time Tania was in Makause was when she came to assert her working relationship with a mob group who endorse and support the relocation of the community. But this land can’t be developed because there’s a legal case,” says Moyo. “She is not even aware of the litigation, nor is she in possession of all the documents in this regard. She knows nothing. The ANC wants her to push for the evictions to go through, so people will see they are evicted by the DA, that it was her ward, the DA that evicted them.”

In her response, Campbell says: “Every month I hold a ward committee meeting, on which there are two representatives from Makauwse (sic). They regularly update me on this area of the ward and highlight any problems that residents in the informal settlement experience.”

Campbell says she visited the informal settlement in June, July and August. “There are also regular meetings with the Customer Care Centre Officials, myself and leaders of the community. Obviously I am kept abreast of any volatile situations that may arise by the EMPD (Ekurhuleni Metro police department) and Primrose SAPS.”

“On 17 April, before the State of the City address by the Mayor, the DA Caucus leader, Shelley Loe, and I visited residents in Makause so that Loe could tell the Mayor exactly what residents in the worst affected informal settlements wanted to see happen in their community this year. These concerns were related in detail in Loe’s speech to the Mayor later that month,” Campbell says.

The DA ward councillor says Moyo is “a leader who was banished” from Makause. Moyo says that Campbell’s view has been tainted by the ANC and the police, both of whom don’t look very kindly on him because he’s non-partisan and won’t support either party.

“We are a non-political structure, but the DA has turned against us. The ANC has turned against us. It is because we refused to partner or be inspired by them. We refused to work with either,” explains Moyo, who is part of the Makause Community Development Forum (MDF) which is the organisation opposing the eviction of people at the informal settlement.

“The ANC says [the] MDF is working with the DA. But the DA says the MDF is working for the ANC. But both the ANC and DA are supporting the evictions of our community. These allegations are being used to divide and confuse the community,” he says, adding: “We are resisting so we are being labelled, and they want us to be overthrown and not to be supported by the community.”

Campbell and Mokgosi respond individually to these allegations of in-fighting between the DA and ANC, but the answer’s remarkably similar. They both claim that there’s no such thing as political in-fighting in Germiston.

Moyo has been threatened by the police, meanwhile, who have locked his community offices. The threat is that if he doesn’t desist from “running to the media” or making allegations of police brutality against the SAPS, Makause will be another Marikana. (Read DM’s story: Police to people of Makause: ‘March and there’ll be another Marikana’.)

Moyo and members of the community will be marching to the Germiston police station on Thursday 18 October at 12h00 after weeks of trying to get approval for this march. Meanwhile, Campbell is requisitioning reports from all and sundry to get to the bottom of why she wasn’t informed of the fire and why the emergency response from the municipality was so inadequate. Mokgosi’s waiting for Daily Maverick to prove community allegations against the Red Ants, and requisitioning a further quote from them because there was another fire.

And Moyo? Well, he’s sorting out the march, trying to get the media there so no one gets hurt. Mostly he’s phoning aid organisations to bring blankets, clothes and food to supplement the appalling municipal response, so that another lot of families won’t be left out in the rain and cold.

So, dear reader, you tell us who are the good guys, and who are the bad guys. Who’s telling the gospel and who’s telling lies. Whatever your answer, the reality is that in Makause politics, like greater South African affairs of state, the truth is exceedingly hard to find.

Daily Maverick: Marikana prequel: NUM and the murders that started it all

Please visit the Daily Maverick site to see the version of the article with a map and with hyperlinks.

http://dailymaverick.co.za/opinionista/2012-10-12-marikana-prequel-num-and-the-murders-that-started-it-all

Marikana prequel: NUM and the murders that started it all

by Jared Sacks

The coverage of the Marikana massacre seems to start with the mass killings of 16 August. But that’s not where, or how the violence started, and it wasn’t rivalry between unions, either. Rewind a few days and prepare for goosebumps: you’ll find a web of conspiracy around two murders which were not reported in the media and ended in no arrests, but scared the living daylights out of the workers before the weeks of horror started.

Because the Marikana Massacre marked a turning point in the history of our country, I went to the small mining town in the North West. I wanted to know what truly happened and what it meant for the future of our so-called democracy. I hoped my trip would enable me to answer some of the burning questions left obfuscated by media, government and civil society campaigns alike.

It seemed it would be difficult, if not impossible, to uncover the cause of the violence at a distance from Marikana because of the complete failure of most media outlets to ask the right questions of the right people. Professor Jane Duncan of Rhodes University has found that journalists rarely interviewed independent mineworkers or residents of Marikana, preferring to quote “official sources” such as unions, Lonmin or the police. Moreover, my experience of previous incidents of repression in South Africa had taught me that such sources are often unreliable, as they have a lot to lose by telling the truth.

Through my investigations I found that, contrary to many media reports, inter-union rivalry was not the immediate cause of the violence. In fact, a significant cause of the violence can be laid squarely on the National Union of Mineworkers and their murder of two of their own NUM members – which until 2 October remained unreported.

Meeting the community

After meeting a community member (whose family did not consist of direct employees of Lonmin) in Johannesburg, I spent a week at the end of September living in the massive Nkaneng shack settlement in the township of Wonderkop. Together, Nkaneng and Wonderkop dwarf Marikana itself, housing the vast majority of the area’s mineworkers. Yet almost all the roads there remain unpaved, and residents are forced to go all the way to the “city centre” for most of their needs. Geographically and socio-economically, Wonderkop is the bastard stepchild of the Marikana municipality, further marginalised by Lonmin, whose corporate social responsibility initiatives remain unnoticeable.

During my visit, I spoke to Lonmin workers who had participated in the strike and others who were not active strikers. I interviewed the wives and children of the miners and I also sat down with unemployed and self-employed residents who did not have family members working at Lonmin.

I began to piece together a more detailed and shocking timeline of the strike and how it eventually degenerated into the horrifying footage played out for the whole world to see.

Revelation

Perhaps the most striking thing I heard repeatedly in Wonderkop was the near-complete hatred that all residents, regardless of their connection to the strike, had towards the National Union of Mineworkers (NUM).

I had assumed that within Wonderkop there would be a divide between supporters of NUM and those that had jumped ship to their smaller non-Cosatu affiliated rival, the Association of Mineworkers and Construction Union (AMCU). I assumed there would at least be a significant minority of residents who blamed the strikers for instigating the killings and felt that NUM still remained a relevant and credible force among Lonmin workers.

And yet every single person that I spoke to, without fail, blamed NUM for starting the violence and reneging on its responsibility to represent the workers. This was the case even when people I interviewed expressed dislike for the strikers and their own subsequent acts of brutality. Almost everyone felt more hatred towards NUM than they did towards Lonmin, the police or even the Zuma administration.

Alternative timeline: how the strike began

On Wednesday 8 August, some rock drill operators (RDOs) from various Lonmin mines had a mass meeting demanding a significant salary increase. The NUM leaders present categorically refused to support the strike, despite the union’s stated mission to promote and represent the interests of its members. On the following day (Women’s Day – a holiday for the workers), thousands of RDOs from all Lonmin mines met at the Lonmin-owned football stadium, adjacent to the settlement, where they agreed to approach Lonmin management directly, as NUM was refusing to represent them.

According to Xolani*, an active striker from Lonmin’s Karee mine, RDOs “came together as workers, not as a union.” As the large majority of the workers at the assembly were NUM members, the AMCU was unrepresented at this meeting.

On the morning of Friday the 10th, workers assembled and marched to the offices of Lonmin management. David, a Lonmin mine geologist I interviewed (who was returning from work and was not then part of the strike), decided to join the striking RDOs to see what was going on. David told me that management refused to speak to the workers, who were assembled peacefully, and told them to go back to the NUM leadership.

Xolani and a few other participants in the march corroborated this. He explained that security had tried to stop the march and that after a long wait, the general manager of the mine came out and then went back in to fetch a NUM leader. After waiting for almost an hour, the NUM leader came out and reprimanded the workers, saying they would not get anything without going through the union.

As a result of Lonmin and NUM’s refusal to meet with the workers, more than 3,000 RDOs and other miners decided to go on strike and refused to clock in that evening. This was a wildcat strike organised directly by workers, without any union representation.

11 August: March on NUM

At approximately 07:00 on Saturday, workers, still primarily RDOs, decided to go to the main offices of NUM in Wonderkop and present union leadership with a memorandum. It is important to note that the NUM offices are also the offices of the ANC and SACP in Wonderkop. They are manned by the top five NUM branch leaders from all the Lonmin mines in Marikana. These leaders are senior to shop-stewards and are elected to their position by workers for a period of three years. Interestingly, David explained to me that they get their normal worker’s salary plus a huge bonus of R14,000 per month from Lonmin. They are therefore accountable to management. Both the NUM leaders and Lonmin are “happy with this arrangement”.

As strikers were by and large NUM members, they were naturally angry that their own union refused to listen to them. The memorandum demanded that NUM represent them in their call for a R12,500 minimum wage for all miners. NUM’s stated raison d’être is, after all, to be a democratic organisation that represents its members.

Julius, an RDO from Lesotho employed at Lonmin since 2008, explained that, as a NUM member, he was hoping the memorandum would convince union leaders of the significance of their wage demands.

Only a handful of AMCU members were present during that march, as many workers from the Karee mine, where AMCU already had a membership presence, was far away and not yet participating in significant numbers in the strike. Xolani, one of the few AMCU members present that day, said this protest was really a case of NUM members rebelling against their own leadership, not a case of inter-union rivalry.

The first murders, ‘a different account’

Once striking RDOs were about 100-150 metres away from the NUM office, eyewitnesses, both participants in the march and informal traders in and around a nearby taxi rank, reported without exception that “top five” NUM leaders and other shop stewards, between 15 and 20 in all, came out of the office and began shooting at the protesting strikers somewhere in the vicinity of the Wonderkop taxi rank.

Some strikers I interviewed claimed the NUM leaders first threw rocks at them before the shooting started. Others said they were attacked from two different angles of the taxi rank. There is also a discrepancy as to just how many guns were in the possession of the leadership that came out of the NUM office (reports range from between five and 15 firearms).

Despite those discrepancies, the strikers and other witnesses – without exception – claim NUM personnel shot at the protesters without warning or provocation. The miners were clearly ambushed by their union representatives. From that point on, the miners marching towards the NUM office, primarily NUM members, ran in many directions: back along the road in which they had come, through the nearby bond houses and through Lonmin-owned hostel properties. They later re-assembled at Lonmin’s football stadium, deciding there for the sake of safety to move to the nearby koppie, a small hilltop uniquely placed on public land between Wonderkop, Marikana and the various Lonmin mines. Protesters seem to have made no attempt to defend themselves, and there seem to have been no further clashes for the rest of the day.

John, a non-striking Lonmin worker, saw two bodies of strikers not far from the NUM office as he returned home from work. One was lying dead by the bus stop in the taxi rank, the other was just outside the workers’ hostel. The range of people I interviewed corroborated the location of the two dead bodies, but it was extremely difficult to confirm the names of the dead strikers as neither Lonmin nor the police have confirmed that any deaths occurred on the 11th. Neither have they released any substantive information about what happened on that day.

However, one person I interviewed provided me with the following new names not released by the Independent Police Investigative Directorate: S. Gwadidi from the Roeland Shaft and Tobias Tshivilika from New Mine Shaft. Both were reportedly RDOs and also NUM members.

I was not able to assess if these names were correct or if any other people were injured during this shooting on the 11 August.

Everyone I interviewed agreed on this general timeline of the murders: two deaths at the very beginning of the violence, followed by a subsequent eight deaths and a number of injuries during the following three days, from Sunday, 12 August until Tuesday, 14 August.

It started out as a peaceful strike

I wanted to find out when and why the workers began to arm themselves, and so asked a wide range of residents in Wonderkop why and when striking workers began carrying traditional items such as sticks, knobkerries and pangas.

The consensus, with one exception, was that the strikers went to their homes to fetch their traditional weapons on Saturday, 11 August, after the murder of two strikers. In the words of David, who was present at the march (but still not yet on strike himself), “people decided to arm themselves (after the first two murders) in self-defence”. Xolani and Julius support this assertion: they had nothing in their hands during the march.

Some women leaders from the South African National Civic Organisation (Sanco), a body aligned to the ANC, SACP and Cosatu, agreed that the miners only took up arms in self-defence after their members were murdered by NUM officials. Many of the informal traders and bystanders at the scene of the NUM shooting were hesitant to speak to me. Yet, after I assured them that they would remain anonymous, all, without exception, said the violence on that day came from the people working in the NUM office. When I asked some young men playing draughts who killed whom, they merely pointed in the direction of the NUM office, saying it was “them”. By all accounts the strikers were unarmed that morning when they marched to their own union office.

Misrepresentations

When I returned from my visit to Marikana, I began searching through all the mainstream and alternative media reports I could find. After reading hundreds of articles, I found none that mentioned the incident on the 11th. Until the Farlam Commission recently interviewed a worker about the events on that day, not a single media report had acknowledged that the first deaths occurred on the 11 August rather than on the 12th.

A single early South African Press Association story placed the first two shootings on the evening of 10 August. But that was all. That story contradicts other mainstream media reports and does not corroborate what people say on the ground. It seems most likely that the reporting is mistaken and those four people mentioned in the article were actually shot on the morning of the 11th during the march on NUM offices, and that two of them later died.

The only other possible explanations for the lack of reporting on the incident would be either (a) that the murders on the 11th did not take place at all, and that everyone I have interviewed were somehow lying or (b) there is some kind of cover-up of the murders of Mr. Gwadidi and Mr. Tshivilika – both unlikely conclusions.

All the other articles I’ve read have told a completely different story: that the first deaths occurred on Sunday, 12 August. These include two of the security guards in the daytime and two other miners in the evening (see for instance, articles: here, here, here, here, here and here.

It is as if no one outside Marikana knows that two people were murdered in broad daylight at the busy Wonderkop taxi rank. This is strange, except when one considers that no one in Wonderkop/Marikana has access to the media except for NUM, Lonmin and the South African Police Service (SAPS). The media, not present in Marikana until later in the week, were relying on these three official bodies for their entire investigation. Not a single community member or worker was actually interviewed during the first few days of the strike.

As Professor Jane Duncan’s analysis of the media coverage of the Marikana Massacre from 13 to 22 August has shown, only 3% of articles about the events included interviews with workers themselves rather than “official” institutions such as government, SAPS, Lonmin, NUM and AMCU. With one exception, journalists that did actually speak to workers were only interested in asking questions about muthi.

What this means is that no eyewitnesses were contacted by journalists and, when a few were eventually contacted (mostly after the 16 August) they focused primarily on the more recent massacre and overlooked the original cause of the violence.

Causes and responsibilities

Many analysts and academics with easy access to the elite public sphere place the root cause for the Lonmin strike and the subsequent violence on the deprivation and exploitation meted out each and every day on RDOs and other miners all over South Africa. Greg Marinovich’s recent interviews with Lonmin RDOs have done a lot to illuminate the lives and working conditions in the mines.

I found, however, that NUM’s actions, undemocratically refusing to represent its own workers and siding instead with Lonmin management in the wage dispute, were a significant contributor to the violence. Even more disturbing, NUM saw its own workers as enemies from within – an uneducated and unthinking mass to be controlled and managed rather than served.

This is why NUM leaders such as Frans Baleni think it is impossible for workers to organise themselves without a “third force” acting from behind the scenes. My interviews have shown quite clearly that workers were acting by and for themselves, regardless of union affiliation, in rebellion against their own union leadership. They were their own leaders.

The paranoid and delusional fear that NUM members were being “remote controlled” by outsiders set on “destroying the union” may have been what led its leadership at Lonmin to respond irrationally and violently to the striker’s peaceful march on the NUM office.

Police response

The police did nothing in response to the two deaths on 11 August. No one was arrested that day, nor was anyone interrogated. This was despite the fact that many strikers present during the murders assert they can identify at least some of their assailants. Xolani, for instance, named two of the shop stewards, one from the Training Centre and one from the fourth shaft in Wonderkop. Others pointed out the Lonmin “Top Five”, one of whom seems to have now been assassinated.

I asked David if he thought there might have been an alternative to the violence if the police had arrested the murderers on that fateful day. He replied, “I think it would be different if police had arrested NUM…if you don’t arrest anybody, then it seems like you are protecting them.”

Whether or not police could have uncovered the full story on that day, the act of doing nothing left workers with the perception that they were isolated. “Worker, you are on your own” could be their rephrasing of Bantu Steve Biko’s famous words. If one is standing unarmed and vulnerable against armoured vehicles, guns and the full might of the South African state, then, as workers may have put it when meeting on top of the now infamous koppie on the afternoon of 11 August: It’s time to get ready for war.

*Not his real name. Because of the recent spate of murders targeting NUM leaders in Marikana, the names of everyone interviewed for this article have been changed, though their real names are known to the author.