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Rosh HashanahThe Speaker and Members of the Western Cape Provincial Parliament wish the Jewish community of the Western Cape a blessed Rosh Hashanah. K’tiva chatima tovah.

WESTERN CAPE PROVINCIAL PARLIAMENT

Human Communications (Cape) 93062

Marianne MertenPolitical Bureau

GOVERNMENT Communica-tion and Information System(GCIS) boss Jimmy Manyi wasguilty, while labour director-general, of a conflict of inter-est between his official dutiesand his role as president of theBlack Management Forum –and his current job also puthim at risk.

Speaking to the NationalPress Club in Pretoria yester-day, Public Protector ThuliMadonsela said her finding, inher “To Be or Not To Be in Con-flict” report, was that Manyi

failed to comply with the publicservice code of conduct andrules on how to manage con-flicts of interest during his timeat the Labour Department.

It was also found that hisboss at the time, labour minis-ter Membathisi Mdladlana,

failed to apply the public serv-ice code of conduct thatrequired him, as the politicalhead, to manage such asituation. The findings weremade after interactions withthe former minister, nowambassador to Burundi, whohad submitted an extensivewritten explanation, and atleast one face-to-face interac-tion with Manyi, who was rep-resented by a lawyer.

“He wasn’t happy with thefinding, (saying) he should havea right to pursue the freedom ofassociation granted by the con-stitution,” Madonsela said.

Manyi’s alleged attempt to

broker deals for privateinvestors during a meetingwith the Norwegian ambassa-dor, which led to a diplomaticcompaint by Norway, did notarise as the public protector’soffice “did not want to crossdiplomatic lines”.

Madonsela said Manyi, ashead of the GCIS, had “only aperceived conflict of interest”that might, however, lead to areal conflict of interest if notproperly managed by the polit-ical head, Minister in the Pres-idency Collins Chabane.

The report called for“urgent steps” to ensure Manyihad declared all his financial

interests and directorships. Also, in managing the

potential conflict of interest, itneeded to be establishedwhether Manyi should divesthimself of private interests,whether he should be excludedfrom certain decision-makingprocesses, and/or whether “achange to some or all of MrManyi’s official responsibili-ties” was required.

The report had been sub-mitted to Chabane and noobjection had been received.

Asked to comment later,ministerial spokesman HaroldMaloka said Manyi haddeclared all his interests and

knew that, “just like any othergovernment employee”, he wasrequired to recuse himself insituations where there was apotential conflict of interest.

Manyi could not be reachedfor comment.

Advocate Paul Hoffman, ofthe Institute for Accountabilityin Southern Africa, who filedthe complaint with the publicprotector, hailed the finding as“a great step forward”.

Although Manyi was nolonger at the Labour Depart-ment, the public protector’sfindings had set an importantprecedent that must be fol-lowed, said Hoffman.

Manyi guilty of conflict of interest during time as Labour DG

Deon de LangePolitical Bureau

CONFUSION reigns supremein Parliament after the ANCsurprised everyone byannouncing a unilateral pub-lic consultation process on thecontroversial Protection ofState Information Bill.

Parliamentary officials –some of whom would speak tothe press only on condition ofanonymity – have givendescriptions of the ANC’smove that range from“unprecedented” to “bizarre”.

ANC chief whip MatholeMotshekga announced onTuesday that the party hadestablished two internal com-mittees – one based in hisoffice – to “afford particularlyindividuals and formationswhich are yet to have a say onthe bill” an opportunity to doso.

The party plans to holdpublic meetings across thecountry to hear people’s viewson the bill, but the ANC cau-cus has yet to provide detailsof when and where these willtake place and whether theywill be open to all.

The bill, introduced in Maylast year by State SecurityMinister Siyabonga Cwele,has encountered a wall ofopposition from several quar-ters, including a range of civilsociety groups, some opposi-tion parties and, significantly,ANC ally Cosatu.

However, the ANC’s deci-sion to run its own consulta-tion campaign – followingmonths of consultations bythe multiparty ad hoc commit-tee that processed the bill – hasraised questions aboutprocedure.

The official word from Par-liament is that the bill remains“tabled” before the NationalAssembly. The ANC took alast-minute decision to with-draw the bill as it was about tobe put to a National Assemblyvote last week.

Sukhthi Naidoo, spokes-woman for the National

Assembly Speaker, MaxSisulu, said yesterday the billwas in limbo, but Parliamentcould refer it to an existingcommittee or to a newly man-dated ad hoc committee forfurther consideration.

Or the house could adoptthe bill – with or withoutamendments – if the ANC-dominated programme com-mittee reintroduced it on tothe National Assembly’s pro-gramme, where it would comeup for debate and a vote.

A senior parliamentaryofficial, who is not authorisedto speak on behalf of the insti-tution, described the ANC’smove as “bizarre”.

“It’s like the blind leadingthe blind, and (the ANC) areconfusing everybody,” thesource complained.

“It’s happened over thePublic Protector stuff and nowthis bill. I don’t think theyhave a plan. There is no mas-ter plan. It’s just completechaos.”

Asked if the product of theANC’s consultation processwould have legal standing inParliament, the source said“absolutely not”.

Asked whether the Speakeror Parliament should issue astatement to clarify the situa-tion – to explain it was not Par-liament, but the ANC, that hadasked for further submissionson the bill, the source said:“Between you and me, I com-pletely agree. There is defi-nitely scope to do that.”

The source also distancedParliament from the ANC’smove. “Certainly we are notinvolved in this process. Weare not funding the processand when (the ANC) comeback with whatever resultsfrom their road show, I don’tknow what they think they aregoing to do with it.”

Koos van der Merwe, amember of the IFP and thelongest-serving MP, said: “Ithink the ANC is panicking.They want this bill through,and all they get is mountingopposition.”

LEADERS: Deputy President Kgalema Motlanthe yesterday visited the China Executive Leadership Academy Pudong in Shanghai where he gave a lecture. He latertoured the facility with Feng Jun, the executive deputy president of the academy. Motlanthe’s official visit to China ends tomorrow.

FAILED: Jimmy Manyi getsthumbs down from PublicProtector Thuli Madonsela.

‘Failed to complywith the publicservice codeof conduct’

THE ANCYL executive com-mittee in KwaZulu-Natal hasbeen stripped of its power,provincial chairmanMthandeni Dlungwane saidyesterday.

“Yes, it is true that our pow-ers have been withdrawn. Ireceived a letter from thenational office today (Wednes-day),” said Dlungwane.

The letter from the AfricanNational Congress YouthLeague did not explain the rea-sons for the move, he said.

“We will fight this decisionbecause it was not taken by anappropriate structure. Thenational working committeedoes not have powers to dothat.”

Talk of disbanding theprovincial executive commit-tee emerged last week, but wasdenied by the ANCYL’snational office.

Dlungwane and mostprovincial executive commit-tee members believed the deci-sion to disband was taken afterthey refused to support

ANCYL president JuliusMalema during his recentdisciplinary hearing.

They also claimed it wasbecause they wanted PresidentJacob Zuma to be re-elected fora second term next year.

ANCYL general secretarySindiso Magaqa said the deci-sion to remove powers from itsKwaZulu-Natal branch hadbeen taken because of “seriousdivisions with the provincialexecutive”.

“The divisions hamper thework of the organisation.Everything will now be donehere at the head office.”

Earlier yesterday, ANCYLprovincial secretary BhekiMtolo urged ANCYL membersnot to revolt should the provin-cial leadership be disbanded.

“If the national leadershipdecides to disband the provin-cial executive committee, wemust all accept that. It won’t besomething new.” Mtolo said,“They have insulted ournational leaders and that can’tbe tolerated.” – Sapa

Quinton MtyalaPolitical Writer

THE ANC Youth League’snewly elected Dullah Omarregional executive is accusingbusiness people of trying toinfluence the outcome of itsrecent conference by trying tobribe delegates.

Addressing the press yester-day, ANCYL regional chair-man Khaya Yozi said branchdelegates at its conferencewere offered up to R1 000 tovote for certain candidates.

“These people will injectthis money because they’ve gota particular interest in the out-come of the congress,” saidYozi.

Like its provincial counter-part, the Dullah Omar branchof the ANCYL has been run bya task team for the past 18months following the dissolu-tion of its elected structures inthe Western Cape.

“People being paid R1 000don’t have a mandate (fromtheir branches) and they only

go to congress to vote (for a par-ticular slate),” said Yozi.

But the ANC’s Dullah Omarregional secretary, Vuyiso “JJ”Tyhalisiso, said the party’sleadership was not aware ofvote-buying.

“We were part of that con-ference from beginning to endand the issue of vote-buyingwas never raised during any ofthe plenary sessions,” saidTyhalisiso.

Tyhalisiso said that “like atokoloshe”, the phenomenon ofvote-buying at conferences wasoften discussed, but rarelyseen.

“I’ve never seen it with myown eyes; we always hearabout it, but we can never getto the bottom of it,” he said.

Accusations of vote-buyingwere hurled at the victoriouscampaign of Marius Frans-man after his controversialelection as provincial chair-man of the ANC in February.Fransman catapulted to vic-tory with delegates’ support.

quinton.mtyala@inl.co.za

Marianne MertenPolitical Bureau

PUBLIC PROTECTOR ThuliMadonsela has described as“illegal” and “motivated byself-interest” the publicationof her provisional findings ona spending spree at taxpayers’expense by Minister of Co-operative Governance andTraditional Affairs MinisterSicelo Shiceka.

Business Day reported thatthe public protector hadcalled for “serious action”from President Jacob Zuma.

It said that according toher provisional report,Shiceka’s trip to Switzerlandhad nothing to do with 2010World Cup preparations,which the minister hadclaimed it was, but had beento visit a girlfriend who wasjailed in that country.

It also said there had beenno justification for Shiceka’sstays at the One&Only hotelin Cape Town.

“What happened ... can’t bein the public interest,”Madonsela said yesterday. “Itwas motivated by self-interest.”

Last Thursday, the publicprotector’s office said theprovisional report had beenhanded to the minister, Zumaand Finance Minister PravinGordhan, to allow parties torespond before a final reportwas issued.

They had until Monday,October 3, to respond and thefinal report would be madepublic seven days later.

Madonsela saidprovisional reports were partof the investigation and assuch confidential, but finalreports had been made public.

The newspaper’spublication of the report had“undermined the integrity ofthe process”.

Madonsela expressed herdisappointment in thepublication of details of herprovisional reports.

Her provisional report onher probe into the leases forpolice headquarters had alsobeen leaked to the media anddetails published before therelease of her final report.

Officialssay ANCbill moveis ‘bizarre’

CONFUSION REIGNS

Protectorslams publishing of findings

Staff Writer

ANC Youth League presidentJulius Malema’s popularityamong young people hasdropped. according to a surveyby TNS South Africa.

Only 26 percent of youngpeople surveyed by TNS saidthey supported Malema andonly 17 percent of adults fromseven metropoles in the coun-try said they were behind theANCYL president, comparedto 21 percent in mid-2010 and27 percent at the end of 2009.

The report also indicatesMalema’s popularity amongblack people is down from 30percent last year to 26 percent.

There has been a 3 percentdecline in support for himamong white people inter-viewed. Coloured peopleaccounted for four percent ofMalema’ support base.

“Support for Julius Malemashows a consistent decline overthe last 18 months, though lessso in the last year among thoseaged under 24. The unem-

ployed show higher signs ofsupport, as do younger blacks –but they are still a minority,”the report said.

Of those aged 18 to 24, onein four said they supportedMalema, while 22 percent ofthose aged 25 to 34 (Malema’sage group) were behind him.Malema’s support declines inthe older age groups with only5 percent of people older than60 years backing him.

The report is based on threestudies conducted on about2 000 adults in South Africa’sseven major metropolitanareas. One study was donebetween August 25 and Septem-ber 12, at the start of the latestANC disciplinary hearing intoMalema’s conduct.

Malema received greatersupport in Bloemfontein, with43 percent of the people behindhim, while support in areassuch as East London, Durbanand Cape Town was low. Only11 percent of those surveyed inCape Town supported Malema.

xolani.koyana@inl.co.za

Dullah Omar executiveaccuses business of bribery

Support for Malema fromyoung people dropping

ANCYL strips power fromKwaZulu-Natal Exco

JOHANNESBURG: South Africa’seducation system is a “catastrophe”,Congress of SA Trade Unions generalsecretary Zwelinzima Vavi said yes-terday.

“Our education system is in a cri-sis. In fact calling it a crisis is anunderstatement. This is a catastro-phe,” he said in a speech prepared fordelivery in East London.

“Every day children of the work-ing class and the poor are being con-demned into a deep black hole withminimal chances of escape,” he toldan SA Democratic Teachers’ Unioncongress.

He quoted a report stating that theaverage teacher scored lower than theminimal level of understandingexpected from their pupils. – Sapa

Education a catastrophe – Vavi