Day: July 31, 2024

Public Works and Infrastructure Minister Dean Macpherson has vowed to expedite the development of the EduPark community project in Mamelodi, east of Pretoria.

‘The EduPark and Mamelodi Skate Club, which forms part of it, is an example of how we need to accelerate development in our communities using State assets,’ Macpherson said.

‘The EduPark development has the financial backing of international donors to develop sports, education and agricultural facilities, but has been waiting for the release of unused State land in Mamelodi for the development to take place.

‘For us to use public assets for public good, we will need to increase the number of partnerships the Department of Public Works and Infrastructure has with private and non-profit role players, such as EduPark, to utilise unutilised public land for the best interest of communities.

‘When the State does not utilise or protect State land, it often becomes a dumping ground for rubbish or illicit activities, where the municipality is then accused o
f not taking action to clear and protect the property, when it is not their responsibility.

‘Going forward, we need to work together with municipalities to identify problematic properties and see how they can be used for public good,’ he said.

Source: South African Government News Agency

The Department of Correctional Services (DCS) has hit back at allegations by convict and alleged prison escape artist Thabo Bester regarding his incarceration at the Kgoši Mampuru II Correctional Facility in Pretoria.

In June this year, Bester told the pre-trial court in his escape case that, amongst other allegations, he was being kept in solitary confinement for 23 hours of the day and was not given adequate time to consult with his lawyers.

The department has dismissed those allegations – insisting that everything surrounding his incarceration has been done by the book.

‘As DCS, it is clear that we are dealing with an inmate capable of engineering elaborate means to escape from lawful custody. Hence, we are duty-bound to employ strict security measures, within the confines of the law, in order to prevent any chance of him escaping once again.

‘Apart from these security measures aimed at preventing an escape, the department has, since Thabo Bester’s admission at Kgoši Mampuru II Correctional Facility, t
reated him in the same manner that it treats other inmates at the said facility,’ DCS said in a statement.

The department was at pains to explain that although imprisonment does not strip individuals of their rights, in the context of imprisonment, some rights ‘are given effect to differently where it is possible, practical and safe to do so, while others inconsistent with imprisonment do not enjoy recognition for instance the right to liberty’.

‘Equally, the department recognises that the conditions of detention of inmates should be consistent with human dignity, including at least an opportunity to exercise and provision of adequate accommodation, nutrition, reading material and the opportunity to access legal advice.

‘That said, inmates are not entitled to be imprisoned with all the comforts they have enjoyed before their incarceration. A Correctional Centre is not akin to one’s own private residence. Therefore, those amenities that a person would ordinarily enjoy outside the Correctional Centre are not
necessarily available in a correctional facility. That is an invariable consequence of being imprisoned,’ the department added.

Solitary confinement and access to legal representation

The DCS pointed out that there is ‘no practice of solitary confinement in South Africa’ and dismissed Bester’s allegations that he was kept in that state as ‘incorrect and fallacious’.

‘C-Max, at Kgoši Mampuru, is a high security facility. It comprises only single cells. Hence, all inmates in the facility do not share a cell. Therefore, the impression created by Thabo Bester that he is in a single cell, as a form of solitary confinement, is, with respect, disingenuous.

‘Thabo Bester gets an opportunity to exercise for an hour every day. That is the minimum time of exercise permitted by Section 11 of the Correctional Services Act. The exercise always takes place in open air, unless the weather does not permit. During the time allocated for exercising, an inmate has an option to participate in other recreational activities.

‘
Thabo Bester and other inmates in C-Max are also afforded a reasonable opportunity to have telephonic contact with and to be visited by their families when such visits are properly arranged with the centre. Equally, Thabo Bester’s assertion that he is segregated is not correct. The facility comprises only single cells,’ the department said.

On the issue of whether Bester is allowed access to legal advice and representation, the DCS said Bester had made ‘hundreds of telephone calls to various lawyers’ for the period 12 October 2023 until 16 July 2024.

‘Thabo Bester is asking for ‘an in-person or physical legal consultations’ of not less than seven hours on prior arrangements and to allow him to use a laptop/tablet or any suitable gadget. He complains about a consultation using [a] wall steel telephone, whilst separated by a glass with his legal representatives, is not meaningful.

‘Thabo Bester suggests that he should be afforded an opportunity to consult with his legal representatives in a specific office
at the centre. With respect, there is no merit in Thabo Bester’s request. To be succinct, the request is unreasonable. Thabo Bester’s legal representatives can communicate with him during the consultation and take down the necessary notes.

‘A consultation with his legal representatives from 09:00 – 16:00 on a daily basis is neither reasonable nor practical. Kgoši Mampuru houses hundreds of inmates who also need to use the consultation rooms. The Regulations allow for consultations on a daily basis from 08:00 until 15:00 in the afternoon. Therefore, if Thabo Bester’s request is acceded to, it will mean that one of the consultation rooms will be occupied by him the whole day,’ the department asserted.

Other allegations

In respect of Bester’s request to access electronic gadgets or equipment and the use of hand and leg cuffs the DCS said:

Thabo Bester’s request for gadgets will pose a security risk to the centre and might enable him to orchestrate another escape.

The use of hand and leg cuffs on Thabo
Bester is justified under section 31 of the Correctional Services Act. Before his incarceration at Kgoši Mampuru, Thabo Bester had escaped from a maximum-security prison. Without a doubt, the department is justified in having an apprehension that Thabo Bester might attempt to escape again.

‘The manner in which Thabo Bester has been treated is consistent with what is prescribed by the Correctional Services Act and the regulations promulgated under the Act. Basically, safe and humane custody of inmates is at the centre of the correctional system.

‘The Act provides that the aim of a correctional system is to contribute to maintaining and protecting a just, peaceful and safe society by enforcing sentences of the courts in a manner prescribed by the Act and detaining all inmates in safe custody whilst ensuring their human dignity,’ the department said.

Source: South African Government News Agency

Trade, Industry and Competition Deputy Minister Andrew Whitfield says it is essential that South Africa’s economic growth is grounded in manufacturing-led growth and export-oriented economy.

To this end, the department will support local industries to increase their manufacturing capacity and volumes, enhance their competitiveness and identify suitable export markets for their manufactured products.

Whitfield was speaking during a debate on the Budget Vote of the Department of Trade, Industry and Competition (the dtic) in the National Council of Provinces (NCOP) in Parliament on Tuesday.

‘It is essential that South Africa’s economic growth is grounded in manufacturing-led growth.

‘Manufacturing is indeed less volatile and less vulnerable to economic downturns and will create real, sustainable and decent paying jobs for our people.

‘South Africa must also create an export-oriented economy. A dedicated focus on manufacturing growth will also lead to export growth,’ he said.

Whitfield said one of the dt
ic’s key focus areas under the new administration will be a renewed export drive to lower the risk of slow domestic growth, while also identifying high growth opportunities.

‘The creation of an export-oriented economy can be realised through a dedicated focus on implementing measures to boost the competitiveness of local industries in global markets, streamlining export processes, lowering trade barriers, offering financial and technical assistance to exporters and cultivating beneficial trade alliances with other nations,’ explained Whitfield.

He said South Africa’s exports in May this year totalled over R178 billion and the country recorded a trade surplus of over R20 billion, significantly higher than forecast, and the widest trade surplus in six months.

‘This is commendable and illustrates the important contribution that exports can make to our fiscus. We will support local industries by building a supportive and competitive ecosystem to drive manufacturing growth.

‘We will also identify intermedia
te goods that could make our manufacturers more competitive; as well as identify products that we produce competitively and the markets that consume those products in large and/or growing volumes,’ Whitfield said.

Earlier this month, dtic Minister Parks Tau reiterated the commitment to ‘smart industrial policy’, which will support the successful implementation of government’s development imperatives.

READ | The dtic to support programmes outlined by the President

‘In line with what the President said [during the Opening of Parliament Address] when talking about smart industrial policy, the dtic group will implement sectoral plans building on the successes recorded in the automotive, clothing and textiles, retail and agro-processing sectors.

‘Smart industrial policy speaks to underlining beneficiation and export-led growth. It highlights the imperatives of the Public Procurement Act that will complement the essential legislative tools to unlock localisation and transformation.

‘Every year the South Afric
an economy spends 25% of the national wealth created on imported goods. Not only is this propensity to import much greater than our competitor countries, it is also out of sync with our developmental needs,’ Tau said.

The Minister said government will reverse this in pharmaceuticals and medical devices, green industries, food products and manufactured goods, among others. He noted that smart industrial policies and programmes are being implemented to respond to the global market trends towards electric vehicles.

Source: South African Government News Agency

Trade, Industry and Competition Minister Parks Tau has welcomed the signing into law of the Companies Amendment Act by President Cyril Ramaphosa last Friday.

Tau was addressing the National Council of Provinces (NCOP) during the debate on his department’s Budget Vote on Tuesday.

‘In the spirit of transparency and in the hopes that we further improve the ease of doing business, we welcome President Ramaphosa’s ascension to the Companies Amendment Act. The Act aims to improve the ease of doing business by ensuring that our company law is consistent with well-established principles that are not over-burdensome on businesses,’ he said.

Tau said the new Act is also aimed at achieving equity between directors and senior management on the one hand, and shareholders and workers on the other hand, as well as addressing public concerns regarding high levels of inequality in society.

‘The Act will go a long way in ensuring adherence to sound corporate governance, accountability and transparency, and that director
s carry their duties with integrity and care,’ he said.

READ I President assents laws advancing ease of doing business

Tau also welcomed President Ramaphosa’s signing of the Climate Change Bill into law, saying that all South Africans needed to celebrate its ascension.

The Climate Change Act sets out South Africa’s national climate change response, including mitigation and adaptation actions, which also constitutes South Africa’s fair contribution to the global climate change response.

‘The signing of the law came at an opportune moment because as the department, we had already taken significant steps towards identifying opportunities in industrial decarbonisation and manufacturing of green products for both local and export markets,’ he said.

The Act makes provision for an active role by provinces and municipalities in coordinating the country’s climate change responses, as well as setting emissions targets for manufacturing and related sectors.

‘In this regard, our department has developed the Gree
n Hydrogen Commercialisation Strategy, which will be implemented.

‘In the next few weeks, we will be meeting with provinces and the South African Local Government Association (SALGA) to map these out further and ensure that we all channel our energies towards building a greener and climate-resilient South African economy,’ Tau said.

During his speech, Tau said the department will accelerate the roll out of the Special Economic Zones (SEZ) programme in order to achieve better spatial equity.

‘Fortunately, there are local success stories we can learn from to accelerate the SEZ model in other under-serviced areas,’ he said.

He cited the Coega Industrial Development Zone, which is presently home to 63 firms, employing approximately 10 000 people and with cumulative investments of about R11.5 billion.

Tau told the NCOP that his administration will ensure that industrial opportunities resulting from policy, regulatory and private-sector decisions were maximised to enable manufacturing-led growth.

‘Manufactu
ring induces or catalyses growth and jobs in upstream and downstream sectors. These jobs are typically permanent, pay relatively decent wages and provide workers with sustainable careers. And as you would agree, these jobs offer a sense of dignity to our citizens and communities,’ he said.

Source: South African Government News Agency

The Independent Police Investigative Directorate (IPID) Amendment Bill has been signed into law by President Cyril Ramaphosa.

According to the Presidency, the new law is aimed at ‘affirming the institutional and operational independence’ of IPID and empowers the directorate to ‘investigate serious alleged offences committed by police officers, whether they were off duty or not’.

‘The new law entrenches the institutional and operational independence of IPID and makes it clear that the directorate must be independent, impartial and must exercise its powers and functions without fear, favour or prejudice.

‘This amended law gives effect to an earlier Constitutional Court judgment in the McBride v Minister of Police and Another matter, which invalidated provisions in the IPID Act that enabled the Minister of Police to take disciplinary measures against the Executive Director of IPID without parliamentary oversight,’ the Presidency said.

The newly assented to law also amends provisions in certain appointments,
what the IPID can investigate and savings provisions for officials working in that office.

This includes:

The updated legislation amends provisions relating to the appointment of the Executive Director of IPID and broadens the Executive Director’s responsibilities in respect of the referral of recommendations on disciplinary matters.

The Amendment Act provides for pre-employment security screening investigations to be conducted by the directorate.

The law now empowers IPID to investigate any deaths caused by the actions of a member of the South African Police Service or a member of a municipal police service, whether such member was on or off duty.

IPID is enabled to investigate rape by a member of the SAPS or a member of a municipal police service, whether such member was on or off duty.

The law also provides for a savings provision in the conditions of service of existing IPID investigators and provincial heads.

‘The newly enacted Independent Police Investigative Directorate Amendment Act is an out
come of a comprehensive review of the principal IPID Act of 2011 initiated by the Civilian Secretariat for Police Service.

‘The Civilian Secretariat provides the Minister of Police with policy advice and research support; develops departmental policy; provides civilian oversight of the South African Police Service and mobilises stakeholders outside the department around crime prevention and policing matters,’ the Presidency said.

Source: South African Government News Agency