Wednesday, September 10, 2008
If Zuma's ever in King ...
Farrow has water and his DA colleagues in the Bhisho Legislature who have now been without water for three weeks at the houses provided by the Legislature and are hurtling down to Farrow’s house to shower.
DA MPL Bobby Stevenson is one of those affected and after endless complaints to the Buffalo City municipality who have offered promises and not much else this week took up the offer of the Legislature and moved into a guest house with his colleagues for the duration of this week’s plenary session.
Tuesday, September 9, 2008
Big heads set to roll in Bhisho
Heads of the department of Education, Social Development and Economic Development and Environmental Affairs are all facing criminal charges in terms of the PFMA and once the legislature adopts the report of the standing committee they will be charged. Joining them will be the head of the Eastern Cape Liquor Board, Advocate Naledi Burwana-Bisiwe.
Chairman of the committee Zingisa Mkabile told the Legislature at the start of debate on the SCOPA report that the findings generally “point to the fundamental challenge of lack of proper control systems, monitoring and requisite policy implementation and evaluation systems which generally plague the provincial public administration”.
With regard to the heads of department and head of the Liquor Board, SCOPA concluded that they had failed to convince the committee that there was “no wilful or element of neglect” in their failure to account properly for the department’s financial affairs.
PE cops' daily struggle ... with their cars
The report compiled by the Safety and Security committee states that the police in the Eastern Cape have a “relatively high number” of vehicles damaged in accidents and that this is particularly true in the Port Elizabeth area. Just what “relatively high” means was not explained.
If the vehicles are not damaged then it would appear they are stolen, the report stating that a “high number” of police vehicles are stolen “and very few are recovered”, adding that SAPS should formulate a strategy to ensure stolen vehicles are recovered and that those colluding with members of the public are “severely punished”.
Health head in trouble
The Bhisho Legislature’s standing committee on Public Accounts says in a report tabled today that he was provided with an opportunity “to explain gross mismanagement in his department” but that his responses were “inadequate”.
The committee states that taking into account the “significance of the matters reported by the Auditor-General” Boya had failed to account for his department’s financial affairs for the 2007/08 financial year and should be charged with financial misconduct in terms of Section 81 of the Public Finance Management Act.
This followed, the committee states, because he had failed to convince them that there was “no wilful or element of neglect” in his failure to account properly for the department’s financial affairs.
If the Legislature adopts the report, Boya will be the first official to be charged under the provisions of the PFMA.
Official: Eastern Cape cops have no power
That’s unlikely to contain too much by way of good news and one element of the report reveals that there are still some police stations in the Eastern Cape that do not have electricity! That must qualify the national department of Safety and Security and Eskom between them for a special award that will be given each day the Legislature sits and even when it is not.
We are pleased to a present a picture of the prize (below). Competition is likely to be stiff.
We are, of course, still in the Good News Centre while the lavish accommodation in the Legislature is completed.
Monday, September 1, 2008
A crime of commission?
Sapa reports that the Erasmus Commission, set up to probe alleged irregularities in the City of Cape Town, was unconstitutional, a full bench of the High Court ruled on Monday.
Judges Kevin Swain and Chris Nicholson, sitting in the Cape High Court, also said the appointment of a serving judge to chair the commission was incompatible with the principle of separation of powers, and was therefore unlawful and invalid.
The commission was set up by former Western Cape premier Ebrahim Rasool ostensibly to probe the legality of the City of Cape Town's bribery investigation into renegade councillor Badih Chaaban.
However the judges said Rasool's motive had in fact been the "improper one" of seeking to embarrass his political opponents, in particular the Democratic Alliance, which led the city.
Rasool's actions in establishing it had been arbitrary and unlawful, and his decision therefore "falls to be set aside".
The judges said Western Cape police commissioner Mzwandile Petros broke the law when he handed over information gained in police raids to Rasool.
The court challenge was launched by the city, which was then joined by the Democratic Alliance. They claimed Rasool, an African National Congress appointee, had purely political motives in appointing the body, and that the use of a serving judge - Nathan Erasmus - to head it, was unconstitutional.
The case was heard by Swain and Nicholson, who are from the KwaZulu-Natal bench, because Erasmus is a Cape judge.
The Erasmus commission had suspended its sittings pending the outcome of the case.
Where is Pillay Commission report?
The committee had been chaired by Phumulo Masualle until he was appointed MEC for Economic Development and Environmental Affairs and the Provincial Treasury but since his departure the committee has not met.
The committee was to have reported on August 26 when the Bhisho Legislature had been scheduled to sit but that session was postponed until Tuesday September 9 and at the moment it doesn’t look like a report will be tabled then.
An ad hoc committee viewing the report of the Pillay Commission is likely to question the legitimacy of the report and also raise issues around the reasons why Eastern Cape Premier Nosimo Balindlela appointed the commission.
The ad hoc committee in terms of a motion introduced by ANC whip Neela Hoosain and adopted by the legislature was required to:
- Consider the process of receiving the rep ort by the Legislature – it was only submitted to the Speaker after a motion demanding this had been passed
- Consider the report against the background that the Premier and Executive must be accountable to the Legislature and must therefore consider the report with due regard to the funds that the Legislature has voted to fund the commission
- Consider the report, the findings and the recommendations thereof, the appropriateness thereof for implementation by the Executive and investigate the steps taken by the Executive to implement the recommendations of the commission and
- Consider the terms of reference of the commission and to what extent they have been complied with.
In addition, the committee must look at the Eastern Cape Commissions Act and assess whether it should be amended “to make provision for improved transparency and accountability in the appointment and terms of reference of and reporting by commissions”.
Sections of the controversial commission report that was tabled yesterday were leaked to the media suggesting that a number of high-profile politicians generally associated with those opposed to a third-term for President Thabo Mbeki had been involved in corrupt activities.
The politicians were not provided with the opportunity to reply and have instituted legal action.