Daily Maverick Republiek van Suid-Afrika
Don’t forget about the living while celebrating ‘dead bones’ - Daily Maverick
The truth is that it does not matter what Chris Hani’s thoughts would have been about the current state of our politics in South Africa. Frankly, none of us know.
ANC secretary general Ace Magashule speaks to journalists outside the ANCs national executive committee meeting in Cape Town, 23 March 2018. Photo by Leila Dougan First published in the Daily Maverick 168 weekly newspaper. April 10 2021 marks 28 years since the assassination of SACP general secretary Chris Hani. That haunting image of his lifeless body lying in a pool of blood on April 10 1993 remains etched in our countrys collective memory. And as we have done every year since then, we will see another commemoration to celebrate the life of Hani, who was also an ANC NEC member. Once again, the SA Communist Party will emerge from behind the curtain to take centre stage to mark the day. The same thing happened this week when the ANC marked the 150th birthday of Charlotte Maxeke, the social and political activist who challenged unjust laws against black people and tackled patriarchy within the ANC and other black solidarity movements in the early 1900s. Maxeke was unmatched in her commitment to realising the freedom of her people. Her activism was not motivated by the lure of high political office and its attendant perks. Like Hani, she was deeply committed to the fight against racist laws that sought to keep black people as perpetual second-class citizens. Like other heroes and heroines of the struggle, Maxekes and Hanis contributions are an important part of our countrys history. Such is the ANCs unmatched political capital. No other political party comes close to the governing party when it comes to its long list of past heroes of the struggle. Frankly, they could celebrate a different personality for each of a years 52 weeks. This weekend, the rhetorical question which has become synonymous with celebrations of past leaders will again be asked: What would Chris Hani do or think about the state of South Africa? And again some politician or pundit will venture an opinion decrying the state of our domestic affairs while positing that Hani would likely not be part of the current crop of corrupt political elite. But the truth is that it does not matter what Hanis thoughts would have been about the current state of our politics in South Africa. Frankly, none of us know. What matters is what we do as the current generation to leave a meaningful legacy for future generations to produce such heroic figures who give their lives to the selfless mission to make ours a better world. Who are our heroes who will be remembered kindly by history? And this is not limited to politics. This starts in every little corner where we find ourselves, whether it be an NGO, civil movements, in sports, in the civil service or in business. It is also about the kind of leaders we elect to public office. Also we are not a homogenous block with a common grasp or appreciation of our past. Thats why some will decry the inadequate celebration of someone like Robert Sobuke by the current ANC government. Thats why celebrating the past, given our countrys history, will always be a controversial topic. This is the point that former DA leader Tony Leon fails to grasp. He referred to Mmusi Maimane as an experiment that went wrong a deeply offensive insult, steeped in a racist mindset of blacks as lab rats that can be used in political experiments and discarded at will. Leon took issue with Maimane praising the late struggle stalwart and mother of the nation Winnie Madikizela-Mandela while not apportioning the same praise towards his late father, Judge Ramon Leon, who died during the same period. His father, said Leon, had left the DA money in his will and was the founding liberal chairman of the Progressive Party, the precursor to the DA. Basically, he wanted Maimane to place on a pedestal the same man who sentenced young Durban activist Andrew Zondo to death for his part in the Amanzimtoti bombing. It would have been counterproductive for Maimane, who sought to grow the DAs black support. But to Leon this was an affront to the memory of his late father. One doubts that Leons father made the donation so that he could get public praise. Leon Senior may have inspired some, but he was no Winnie Madikizela-Mandela, who herself was a flawed individual. Former president Kgalema Motlanthe succinctly captured this culture of celebrating past figures. He likened it to a celebration of dead bones, which he also saw as a dearth of new thinking within the ANC, an organisation failing to reinvent itself and respond to the demands of the current period. It is correct to celebrate those who gave their lives to the attainment of our freedom. But we should be wary of spending a lot of time praising dead bones, as Motlanthe warned. We have far too much work to do for the living. DM168 Sibusiso Ngalwa is the politics editor of Newzroom Afrika and chair of the South African National Editors Forum. This story first appeared in our weekly Daily Maverick 168 newspaper which is available for free to Pick n Pay Smart Shoppers at these Pick n Pay stores.
Sugar tax and the slow crawl out of a health crisis - Daily Maverick
‘A new fight has been afoot on the global sugar stage. Its key players are the sugar industry, governments, as well as researchers and health-oriented organisations; and its consequences will no doubt affect billions.’
Image Pixabay Click here for Part One of our Sugar Saga series: How an obscure sugar lobbying group helped start a global health crisis. Clickhere for Part Two of our Sugar Sagaseries: Just how bad is sugar? The truth is bittersweet. Clickhere for Part Three of our Sugar Sagaseries: Youre not addicted to sugar, youre addicted to an emotional state. In the opening chapter of our Sugar Saga series, we took a look at the role a US sugar industry body then known as the Sugar Research Foundation, played in the mid- to late 20th century in the promotion of sugar, by funding studies and advertising campaigns that would cast sugar in a favourable light. Their actions would go on to influence public policy in their favour, encourage manufacturers to put more sugar in their products, and as stated by their president, Dr Henry Bohn Hass, a specialist in organic chemistry, in 1954, make sure that people who never had a course in biochemistry are going to learn that sugar is what keeps every human being alive and with energy to face our daily problems. … South Africa was the first in Africa and is currently one of only 45 countries in the world that have implemented SSB taxation …. Over the past few years, a new fight has been afoot on the global sugar stage. Its key players are the sugar industry, governments, as well as researchers and health-oriented organisations; and its consequences will no doubt affect billions. It is the fight for, or against, sugar taxation; and it is currently focused on the taxation of sugar-sweetened beverages (SSBs). According to statistics published by the World Bank Group in September 2020 as part of their paper in favour of the taxation of sugar-sweetened beverages, SSBs are the main source of added sugars in diets across much of the world. They account for an estimated 69% of added sugar intakes in Mexico, 39% in the United States, and 33% among UK children aged 11 to 18 years SSBs also contribute significantly to dietary energy intakes around the world. They contribute an estimated 910% to total energy intakes in Mexico, 6.5% in the United States, and 6% among adolescents in Spain. While overconsumption of sugar may have numerous implications on the body, including cosmetic implications such as potential acne breakouts; when it comes to policy, the focus is on health and mortality. The World Health Organisation is unequivocal on the matter. In compiling its sugar intake guideline, it clearly states its objective as being to provide recommendations on the intake of free sugars to reduce the risk of NCDs [non-communicable diseases] in adults and children, with a particular focus on the prevention and control of unhealthy weight gain and dental caries. The document notes that the treatment of dental diseases consumes 510% of healthcare budgets in industrialised countries, and would exceed the entire financial resources available for the healthcare of children in most lower-income countries. A high level of free sugars (all sugars that are naturally present or added to foods by the manufacturer, cook or consumer) is associated with poor dietary quality, obesity, and risk of non-communicable diseases, which are the worlds leading cause of death, killing 41 million people each year, equivalent to 71% of all deaths globally. In addition to the WHOs guides for personal sugar intake recommendation as explained in part two of our Sugar Saga series, they highlight the recommendation of 20% tax on SSBs. As of 1 April 2018, South Africas SSB tax, the Health Promotion Levy (HPL), came into effect. Incidentally, that same year and month, the UK implemented its own multi-tiered version of SSB tax; but more about that later. At 11%, South Africas SSB tax is well below the WHOs recommended 20%, and it does not apply to fruit juices, which often contain the same or higher amounts of sugar as soft drinks, nor does it include other sugar-dense foods like chocolates and biscuits. As reported by Georgina Crouth for Daily Maverick after the 2021 Budget speech: The HPL, charged on non-alcoholic sugary beverages but not fruit juices or other sweetened drinks, has remained at 11% since being introduced in 2018. The first 100ml of a sugar-sweetened beverage is exempt. After that, it is charged at a rate of 2.2c/gram of sugar. On a 355ml fizzy sugary beverage, the levy adds about 46c to the price The levy is intended to curb sugar consumption that is fuelling what Health Minister Zweli Mkhize described before the Covid-19 lockdown as a tsunami of non-communicable diseases such as diabetes, high blood pressure and obesity. Dr Evelyn Thsehla, a health policy research professional, wrote her thesis on the intersection of economics and the SSB tax. She tells Maverick Life: The rationale for the taxation is that the increase in the price of the SSBs will deter consumers from purchasing these beverages and therefore reduce consumption. A reduced consumption will result in lower daily caloric intake and therefore lower obesity which will in turn lower incidences of Type II diabetes. Lowered incidences of type II diabetes will result in a healthy workforce which will increase productivity. Opponents of the tax have however argued that such a tax will reduce employment levels. The opponents she refers to on the other side of the debate include industry stakeholders, as represented by the Sugar Association of South Africa (SASA). During the proposal phase on the levy, prior to April 2018, they submitted their comments: SASA is concerned about the increase in obesity and non-communicable diseases [NCDs] in South Africa. We are committed to working with government to address this issue. We have a longstanding commitment promoting healthy lifestyles and the prevention of NCDs. But the South African sugar industry does not support the proposed tax on sugar sweetened beverages [SSBs] and Health Promotion Levy on sugary beverages. They highlighted South Africas obesity epidemic as a complex problem that couldnt be solved by the singling out of an individual ingredient. They also pointed to loss in revenue and shrinkage of the industry as a result of a potential reduction in sugar consumption; they brought up the possibility of job losses and the potential of sugarcane agricultural land going out of production; they proposed that instead of a sugar tax, multiple, evidence-based interventions to prevent and manage obesity in South Africa should be developed, planned, budgeted and implemented. A strong campaign is needed to accurately inform and enable the public in managing their weight. South Africa was the first in Africa and is currently one of only 45 countries in the world that have implemented SSB taxation, which is something that public health-oriented professionals, such as the Director of PRICELESS SA (Priority Cost Effective Lessons for Systems Strengthening) at the Wits School of Public Health, Professor Karen Hofman have been pushing for. In 2015, she wrote an article titled, Obesity: why South Africans need to can soft drinks. In it, she acknowledged the importance of policy change and the limits of personal choice. There is an overwhelming perception that if consumers are educated, they will make good choices. But currently, food and beverage choices are shaped by availability, affordability and most importantly relentless marketing. The food and advertising environment in South Africa makes it increasingly difficult to make healthy choices The largest soft drink bottler in the country is clear about its intentions to aggressively grow its reach within the poorest sector of the population. The growth strategy will be driven by marketing and advertising to connect particular brands with aspirations and passions. This will place an already vulnerable population at even greater risk for obesity-related diseasesThe impact on children is even worse. Much further north of South Africa, a study was published in January 2020, titled Reductions in sugar sales from soft drinks in the UK from 2015 to 2018. While the tax was implemented in 2018, it was announced in 2016, and the government challenged food companies to reformulate their products to be in line with nutritional recommendations, hence the researchers were able to gauge the changes over a period of 2015 to 2018. And they found that action by the soft drinks industry to reduce sugar in products and change their product portfolios, coupled with changes in consumer purchasing, has led to a significant reduction in the total volume and per capita sales of sugars sold in soft drinks in the UK Between 2015 and 2018, the volume of sugars sold per capita per day from soft drinks declined by 30%, equivalent to a reduction of 4.6g per capita per day. The sales-weighted mean sugar content of soft drinks fell from 4.4g/100ml in 2015 to 2.9g/100ml in 2018. Admittedly, a lot of this has also been replaced by artificial sweeteners, which some consider to be a health risk as well. In Mexico, a country that had some of the highest levels of obesity as well as the accompanying non-communicable diseases, an SSB tax resulting in approximately 10% price increase was implemented back in 2014. An early study found that three years later, the tax resulted in a decrease in consumption. However, studies on how that has affected the prevalence of non-communicable diseases are yet to be published. Back home in South Africa, having only effectively implemented the HPL three years ago, just shy of two years before a global pandemic that would turn the world upside down, it is arguably still too soon to measure its effects on the state of the nations health and economy. However, in putting together her thesis, Thsehla used a computable general equilibrium model to investigate the impact of a 10% SSB tax on the South African economy in the short and long run. She came to the conclusion that in the short run, the impact of the tax on GDP was lower than expected with a -0.00% change deviation from business as usual. In the long run however, the results of the SSB tax are offset by improvements in labour supply and productivity due to the decline in diabetes. Assuming less people with diabetes will lead to more people employed, household consumption increases. GDP increases by 0.02% from business as usual as a result of an increase in consumption, investments as well as the volume of exports. Assuming less health care spending by government due to reduction in diabetes, similar results are observed. DM/ML
The world according to David Mahlobo: everyone is a spy, everyone/everything is being watched, including the State Capture Commission - Daily Maverick
Former minister of state security David Mahlobo ducked and dived under the cloak of his 'oath of office' and 'state security' while testifying at the Zondo Commission of Inquiry on Friday, 9 March 2020.
After numerous technical glitches during an initial virtual hearing, Mahlobo was finally personally chauffeured by the commission to the venue, where he continued to obfuscate, argue, evade questions and paint the broadest of strokes. As the former minister of state security in the Zuma administration and as a key Cabinet member implicated by several witnesses as a strategic enabler of State Capture, Mahlobo brought with him to proceedings the requisite air of paranoia and moments of a mental knit one, slip one. At various junctures, Mahlobo seemed at pains to ram home that the eyes of the world were watching the commission. He also offered Bab Zondo as he consistently referred Deputy Chief Justice Raymond Zondo the sage advice that I can have a spy in my bedroom or my home. It is everyone. It is about the security of the state. In intelligence it is very simple: you must just know someone is listening and watching. That the hearings have been freely broadcast live across multiple channels to millions since the start of the commission in 2018 seems to have escaped the former minister. Perhaps he is not accustomed to operating in a transparent manner. While refusing to answer many straightforward questions by evidence leader Paul Pretorius, Mahhlobo maintained consistently that he was at the commission to support and help. When an issue arose with regard to his microphone Mahlobo cautioned Zondo that, I can do profiling. How you speak, how you read this is not on a closed session, someone is taking notes somewhere. Indeed, a multitude of journalists as well as South African citizens. Later, justifying the direction that foreign counterintelligence measures took under his watch, Mahlobo was at pains to point out that South Africa was a strategic target for foreign intelligence agencies (unnamed) intent on pursuing their objectives (undeclared). People, he warned, could be recruited by foreign agencies knowingly or unknowingly, wittingly or unwittingly. No one was immune to these powers determined to pursue their own objectives including economic and political dominance (undefined). I repeat, no one is immune from recruitment. They can recruit a minister, they can even recruit a president. They can recruit a judge, they can recruit a parliamentarian. You can recruit as long as you know what kind of information and influence you need, Mahlobo told Justice Zondo, balling his right hand into a fist. Throughout his testimony on Friday, Mahlobo proved to be an evasive and hostile witness who sought to cul-de-sac almost every question put to him by evidence leader Paul Pretorius. Pretorius attempted to unpack the level and nature of Mahlobos oversight as minister of the State Security Agency which wielded enormous unaccountable power and which has been accused of establishing a parallel intelligence network at the service of former president Jacob Zuma. These were findings not only by the High Level Panel review into the State Security Agency but also in testimony under oath to the commission by panel chair, Sydney Mufamadi and also then SSA acting DG, Loyiso Jafta. Mahlobo presented various arguments as to why he could not respond to questions, including that he had not had sight of various documents which form the basis of the commissions evidence against the SSA and Mahlobo. It was a claim of which Pretorius soon made short shrift, reminding Mahlobo of various communications between commision investigators and his legal team. Nonetheless, Mahlobo held fast, denying he ever involved himself in the operational matters of the SSA, as has been alleged, and reminding the commission that there is no law that says that a minister or the president must be involved or not. Mahlobo took the opportunity to introduce other global agencies to his evidence and how they went about their work including the Russians, the Chinese, the British and the CIA. In other countries, they actually get presidents to interfere in another country, said Mahlobo without providing any specific examples. To which Pretorius responded that surely South Africa should apply and adhere to our own policies and institutions and not those of other countries. Let me assist you, Mahlobo offered Pretorius, that is an opinion. With regard to allegations that domestic counterintelligence operations by the SSA had been illegal, Mahlobo replied these should be dismissed with the contempt it deserves. It was the governing partys strategic goals, as well as other intelligence legislation, that had resulted in a risk assessment that had in turn warranted these counterintelligence activities, he said. While Mahlobo said that the ANCs National Intelligence Estimate (NIE) was not a public document, he would take the liberty of setting out some of its strategic aims. These included threats to the authority of the state, violent community protest, violent industrial action, violence in the education protests, cyber security and the private security industry. The adjective violent was to be noted, said Mahobo as this borders on matters of the law. Other areas of concern were border security, illegal migration and anti-foreigner sentiment. And then there were the existential threats of want, including hunger and poverty. The biggest threat to the economy, Mahlobo said, had been identified as corruption in various areas as well as negative foreign forces seeking to influence the countrys politics. Corruption is our enemy, not only here but in the whole world and it must be fought and it takes different forms. The creation of the commission itself is to deal with this issue, your excellency, said Mahlobo. Asked to identify these specific foreign threats Mahlobo responded, let it be on record: Not everybody is a friend to South Africa. We do have enemies. Even countries that South Africa might regard as friends and with whom it shared certain things would not hesitate in pursuing their own national interests even to their dominance economically. Some, they live here, they are declared here. This country has these people but in the covert world, there are people you will never see and you must never see them, Mahlobo offered. No one was immune to recruitment by these foreign forces, Mahlobo warned, not even presidents, judges or parliamentarians. When asked by Pretorius which domestic forces the foreign intelligence bodies had targeted, Mahlobo shot wide, saying all sectors, and that everyone was at risk of being recruited. I cant say who is a spy or not a spy whether my wife or kids are a spy or not, he replied enigmatically. Asked to elaborate on violent industrial action and whether this included trade unions, Mahlobo replied that his reference to labour was about all workers and not specifically trade unions. Mahlobo said the only time he had intervened in the operations of the agency was when the budgets appeared to be out of control. He said official records of the secret service account did not reflect the true nature of the operations. The true nature of these were only known to the project manager and the team of assets as all projects occured on a need-to-know basis. Pretorius asked if there were any documents that reflected true operations. Mahlobo kicked the can on to the SSAs then accounting officer, who would have been Arthur Fraser, to perhaps deal with later. You are not saying they have been falsified, you are saying the full detail would not be reflected in the official records? Mahlobo denied that he had personally authorised projects or collected money. There is no evidence, no paper trail, he said. Mahlobos testimony continued on Friday evening. DM
Registration for vaccines to open for all on 16 April, although supply will be ‘somewhat constrained’ - Daily Maverick
The Health Department has revealed details of the phased roll-out, including to the elderly, workers over 40 and those in congregate settings such as old-age homes and prisons.
A nurse prepares a dose of the Pfizer-BioNTech Covid-19 vaccine. (Photo: EPA-EFE / Sebastien Nogier) Electronic registration for everyone who wishes to receive vaccines in South Africa will open on 16 April, Dr Leslie Bamford who is coordinating the roll-out programme, announced on Friday, 9 April. Registration will be open for all but the vaccines will be rolled out in two phases on 17 May and 17 October. Bamford, who was presenting details of the plan to civil society and other stakeholders, said vaccine supply will still be somewhat constrained in the second quarter (May to August) but will ease up significantly after that. The Pfizer vaccine, requiring two shots, would be rolled out in the metros where the necessary facilities were available, while rural areas would get the Johnson & Johnson vaccine. Phase 2 would target those over 60, workers aged 40 and older and those living in congregate settings such as old-age homes and prisons. Bamford said that while those with comorbidities will not be specifically targeted in this phase, she believed most will be covered by the age requirement. She added that they are still not quite sure when the first doses of the Pfizer vaccine will arrive in South Africa. Since the Johnson & Johnson vaccine was now locally produced at Aspen Pharmacares facility in Gqeberha it would shorten the availability time frame to five days. This is longer for imported vaccines. We are expecting the first doses from Aspen this month, she said. Bamford said vaccinations will be set up in public venues such as schools, halls and shopping centres, as well as GP practices, hospitals, clinics and pharmacies. The electronic vaccination data system for self-registration would open for registration for all on 16 April. An identity document or equivalent proof would be needed to access vaccinations. Provision would be made at vaccination sites for those who couldnt access the electronic system. Bamford added that people will be screened for Covid-19 at the vaccination sites and those with symptoms will not be vaccinated but referred for testing. Health Minister Zweli Mkhize said that by 17 May they will have vaccinated about 500,000 health workers with the Johnson & Johnson jab through the Sisonke Early Access Programme. The rest of the health workers between 600,000 and 700,000 would be vaccinated in a process in parallel with phase 2 of the roll-out. Mkhize said they decided on age as the determining factor for first access to the vaccine because this has been a major factor in Covid-19 hospital admissions. Those under 40 would be vaccinated during the third phase from 17 October. Mkhize stressed again that the government is committed to ensuring equitable access. He said vaccines will be shared between the private and public sectors, while the uninsured will receive equal access to the shots. DM/MC Like what you’re reading? Sign up to the Maverick Citizen newsletter and get a weekly round-up sent to your inbox every Tuesday. Free. Because paywalls should not stop you from being informed. "Information pertaining to Covid-19, vaccines, how to control the spread of the virus and potential treatments is ever-changing. Under the South African Disaster Management Act Regulation 11(5)(c) it is prohibited to publish information through any medium with the intention to deceive people on government measures to address COVID-19. We are therefore disabling the comment section on this article in order to protect both the commenting member and ourselves from potential liability. Should you have additional information that you think we should know, please email [email protected]"
Islamist insurgents: SADC moves closer to intervention in Mozambique - Daily Maverick
Regional leaders moved closer to military intervention in Mozambique on Thursday, deciding to deploy a technical mission immediately to assess what neighbouring countries could do to help Maputo counter a growing Islamist insurgency.
Relatives welcome a family member on 1 April 2021 after arriving at the port of Pemba on a boat carrying 1,200 people who fled an insurgent attack in Palma, northern Mozambique. (Photo: EPA-EFE / Luis Miguel Fonseca) A SADC technical mission to Mozambique, decided at a summit in Maputo on Thursday, is seen as a planning mission for what the leaders called a proportionate regional response, possibly a military intervention. Zimbabwe President Emmerson Mnangagwa told journalists that the summit had agreed that the standby force of the Southern African Development Community (SADC) should be resuscitated and capacitated immediately so that it can intervene. The defence and security chiefs now have the responsibility to implement the decisions of the double troika, he said. The meeting was a summit of SADCs double troika, comprising the leaders of SADCs troika Mozambique, Malawi and Tanzania and the troika of SADCs security organ Botswana, South Africa and Zimbabwe. Mozambique President Filipe Nyusi has so far resisted appeals by SADC to allow it to intervene to prevent the three-year-old insurgency in northern Mozambique from spilling over Mozambiques borders. But at Thursdays summit, he offered no objection, according to official sources. The summit was prompted by a major insurgent attack on the coastal town of Palma in Mozambiques northernmost Cabo Delgado province, beginning on 24 March 2021, in which dozens of locals were killed and at least two foreign contractors, one a South African. Official sources said that at several past SADC summits regional leaders had asked Nyusi what he wanted them to do and had waited patiently for him to respond. This time they told him what they wanted to do, one official said. He said the tightness of the timetable of action which the leaders agreed on showed this was a different kind of meeting. According to a communique issued afterwards, President Ramaphosa and the other leaders directed the deployment of a technical assessment team to Mozambique immediately. An official said the team from SADCs security organ had been given until 16 April to get to Mozambique. The team has been instructed to complete the assessment of the situation in Cabo Delgado and to report back on its findings to ministers of the security organ troika by 28 April. The ministers will in turn report to the security organ summit on 29 April in Mozambique. The fact that Thursdays summit did not announce any immediate deployment of a SADC military intervention force has been interpreted by some as a sign that Nyusi once again fobbed off his neighbours. But officials insisted this was not so. I have no reason to believe he is not going to cooperate, an official said. Its quite paramount that we must be seen to be doing something taking action, he added. We are quite aware that the world is waiting to see what we are going to do. Alex Vines, a Mozambique expert and head of the Africa programme at Chatham House, agreed that Nyusi was no longer playing for time. I see it as some baby steps forward. A SADC team going into Mozambique to make an assessment on FDS (Mozambique defence and security forces) gaps and how SADC members can support the Mozambique government is helpful. There needs to be a proper needs assessment to match what the region can realistically offer. I never expected more right now but Maputo accepts it needs technical support and knows it needs to offset the reaching out to northern partners (Portugal, US, UK, France and others) with accepting support from regional neighbours. Other leaders in the summit were Botswana President Mokgweetsi Masisi, Malawi President Lazarus Chakwera, Zanzibar President Hussein Ali Mwinyi, representing Tanzania, and SADC executive secretary Stergomena Tax. The summit communique noted with concern, the acts of terrorism perpetrated against innocent civilians, women and children in some of the districts of Cabo Delgado Province of the Republic of Mozambique; condemned the terrorist attacks in strongest terms; and affirmed that such heinous attacks cannot be allowed to continue without a proportionate regional response. DM
South Africa’s vaccine roll-out failings expose the hollowing out of the state - Daily Maverick
A lot rests on leadership to bridge the yawning gap between political rhetoric and real roll-out – to address the government’s pathological, systemic failure to walk the talk.
South African President Cyril Ramaphosa, Deputy president David Mabuza and Health Minister Dr Zweli Mkhize with the CEO of Aspen Pharmacare Stephen Saad during a visit to the Aspen Pharmacare sterile manufacturing facility in Gqeberha on 29 March 2021. (Photo: Gallo Images / Die Burger / Lulama Zenzile) Following 17 phone calls with the CEO of the drugmaker Pfizer, Prime Minister Benjamin Netanyahu announced in January 2021 that he had secured an agreement for Israel to roll out Covid-19 vaccinations. In a deal whereby the Jewish state would serve as a model country for Pfizer by offering statistical data on the vaccines effectiveness, within two months more than five million people, exceeding half of Israels population, had been vaccinated. Cut to South Africawhere less than 0.5% of the population has been vaccinated. Instead of accepting that there was a problem, in March 2021 President Cyril Ramaphosa joined a chorus of African and other leaders criticising vaccine apartheid. Vaccine apartheid must come to an end, said Ramaphosa, criticising developed countries for hogging vaccines. Admitting that his government had lost a little bit of time, by that stage South Africas health system had failed to administer a single dose outside of vaccine trials of a drug not yet approved by its own health authorities. After months of promises of a vaccine roll-out which would require 160,000 daily doses to reach the governments own targets by the end of 2021, just more than 200,000 healthcare workers had been inoculated after the first 36 days, averaging 5,700 doses daily. At this rate, it would take more than 16 years to vaccinate 67% of the population required for so-called herd immunity. Even though Ramaphosa and other leaders of his government were among the first in the queue to be inoculated, vaccine apartheid cannot be to blame for the lack of a workable roll-out plan and lack of transparency about where and when the vaccines would be acquired. Only in April did the government finally announce it had signed a deal to acquire 20 million doses of the Pfizer vaccine to augment its Johnson & Johnson doses. This failure between political rhetoric and real roll-out is not unique to South Africa. Despairing at the slow movement of his government on vaccines, Hernando de Soto, the Peruvian economist running for president in the April 2021 election, has proposed a 60-day programme to deregulate state purchase of the vaccine and obtain it privately through the market. We are not going to ask a state, which doesnt know how to organise its own commercial life, to distribute vaccines, said De Soto, known globally for his work on the centrality of property rights to economic growth. It has not been vaccine apartheid or poverty condemning people to death in South Africa, despite the willingness to employ the old South African trope to justify the governments inability to make good on its own rhetoric. It highlighted once more the difference between plans and action and the pathological, systemic failure to walk the talk. Ironically, South Africa has easily the most efficient and widespread private healthcare network in Africa, with nine million private medical aid subscribers. These companies are ready to vaccinate millions of members and offered to vaccinate an equal number of non-members but are dependent on the governments acquisition of the doses. The governments desire to control the vaccination process despite its manifest inability to execute with efficiency, and its implementation of an extreme lockdown that severely damaged the economy but did little to discourage Covid-19 (South Africa has the highest number of cases and deaths in Africa) suggest it confuses power with delivery. Stalin would have been proud of the iron will to control but perhaps a little disappointed in the plasticine inability to deliver. Such state delinquency occurs, in part, when voters let politicians off the hook, are easily manipulated and divided and ruled, not least by identity politics, of which the term vaccine apartheid is a variety. Why is it that some states are able to talk so well and walk so poorly? The explanation may be found in the world of global aid, where the gulf between what recipients say they will do with the money and its ultimate fate is yawning. It is to be expected, perhaps, of those countries requiring dollops of external aid to fail to carry out their functions, since they exist in a perverse tautology: they would not need the money if they were well governed. But it does not entirely explain why the government is so feckless, or what can be done to improve the link of accountability between citizens and government. The government can easily be disincentivised by aid, knowing that there is always a donor willing to come in and help, not least since the donors own incentives are skewed in this way. As Tendai Biti recalls of the drought that gripped Zimbabwe in 2010 during his first year as finance minister in the Government of National Unity, certain Zanu ministers would say to me, dont worry about budgeting for food imports, the WFP [World Food Programme] will come in. A lot rests on leadership and this applies to countries equally, not only those requiring aid for development. And the value of this component should not be measured, observes Bishop Precious Omuku, a special adviser to the Archbishop of Canterbury, only by the extent of the sincerity of leadership, but by the management of their choices. The answer to this aid conundrum, Biti argues, is to be more strategic. Aid should be demand-driven according to a countrys own needs, rather than be determined by those of the donor. This lends itself to better coordination, where Treasury, in particular, should play an overall coordinating function, without which there is duplication and sometimes competition and turfism, compounded by a lack of transparency. While there is always an appetite to fund short-term emergencies such as droughts and pandemics, there is a need to align aid to long-term requirements, designed to create capacity resilience and independence as opposed to dependence within the state. Rather than playing this important role in managing large-scale acquisitions and matching them with financial resources, South Africas Treasury appears to be losing control of the fiscus, becoming a passive dispenser of money to programmes without measuring their efficacy. It does not take much of a leap to work out the consequences of this as demonstrated in the recent scandals over the acquisition of personal protective equipment. A lot rests on leadership and this applies to countries equally, not only those requiring aid for development. And the value of this component should not be measured, observes Bishop Precious Omuku, a special adviser to the Archbishop of Canterbury, only by the extent of the sincerity of leadership, but by the management of their choices. Yet the prevalence of their failure and the serial search for external excuses is a reminder of the premium of leadership. As the UKs Chief of the Defence Staff, General Sir Nick Carter is responsible for the welfare and utility of 157,000 servicemen and women, and is well placed to identify what he sees as four key leadership roles: the need for clarity of purpose the what and why; the need for prioritisation to ensure impact and the link to value; the empowerment of trusted subordinates by minimising constraints, maximising freedoms and incentivising innovation; and the need to ensure delivery by setting targets and holding people to account for delivery. Courage, intelligence, vision and its translation into policy, personal ownership, discipline, humility, and the personality to get others to follow are all essential attributes. All this has to be matched by the health of institutional structures, including the rule of law and transparency. Once you define the agenda, observes Juan Carlos Pinzón, the Colombian defence minister at the time of the countrys security and economic turnaround in the 2000s, you need to set every managing tool for decision making (with private-sector concepts) and follow up. You also need to establish a team to handle the execution from the top to the bottom. Many times, governments, he warns, are determined by slow-moving bureaucracy or by political commitments that push unqualified individuals to positions of responsibility. And external reviews are critical in both measuring progress and suggesting adjustments. This generally should involve external experts since typically, bureaucrats will be on the defensive, trying to prove that theyre right. Politicians also always are seeking for the best possible story even in the middle of failure. What matters to the country is not the extent of the hard work, or how the leadership looks, but the ability to transform situations. Or, as Biti notes: Everything in Africa is a function of good leadership. Good leadership entails a vision, a strategy and a plan. Good leadership is about accountability, transparency, building institutions and capacity. Perhaps the last word should, fittingly, be left to Bobi Wine, the Ugandan reggae artist who took on the might of Yoweri Musevenis state in the election in 2021. The difference between eloquent presentations [by politicians] and delivery is accountability, he says. But there is an exchange of failure on both sides: citizens dont hold the government accountable and they, in turn, are not expected to behave responsibly. The solution has to come from both sides. Leaders are not going to do whats right because they are good, but rather because they are held accountable. We are not, says Wine, going to get what we deserve, but what we demand. DM
Public protector stumped again as court denies leave to appeal Ivan Pillay early retirement judgment - Daily Maverick
A full bench of the North Gauteng high court has dismissed Public Protector Busisiwe Mkhwebane’s application for leave to appeal its judgment overturning her report on Pravin Gordhan’s decision to grant Ivan Pillay early retirement at SARS. The court also dis…
The North Gauteng high court has dismissed Busisiwe Mkhwebane’s application to appeal a judgment overturning her report on Pravin Gordhans decision to grant Ivan Pillay early retirement, ruling that it had no prospects of success. Mkhwebane had applied to appeal the 17 December 2020 judgment that found her report was irrational and that she did not have a full grasp of the law. Mkhwebanes report, released the day before President Cyril Ramaphosas May 2019 inauguration, found Gordhan had irregularly approved Pillays early retirement from SARS with full benefits. She recommended Ramaphosa take appropriate disciplinary action against Gordhan for failing to uphold the Constitution. While the court ruling in December comprehensively dismissed Mkhwebanes reasoning for finding against Gordhan and her suggested remedial action, the judgment wasnt all in Gordhan’s favour. The public enterprises minister had accused Mkhwebane of waging a political campaign against opponents of state capture and claimed she was not fit to hold office. The court ruling said Gordhan had no evidence to prove Mkhwebane acted with ulterior motives and called his claims just suspicions and mere speculation. It said issues of the public protectors fitness to hold office should be raised in Parliament rather than court. Subsequently, in March 2021, the National Assembly voted to establish a special committee to inquire into the public protectors competence to hold office. In its December ruling, the North Gauteng high court noted that multiple applications and counter applications were launched in the court proceedings by Gordhan and Pillay on the one side and Mkhwebane on the other. The court then ordered the public protector to pay Gordhan and Pillays costs regarding the review application while ordering the pair to pay her costs regarding her application to strike out certain accusatory remarks. After the December judgment, Mkhwebane applied for leave to appeal the majority of the ruling that overturned her report. Gordhan and Pillay launched a cross-appeal application regarding a ruling against one specific argument they had proposed. Gordhan and Pillay had challenged Mkhwebanes report on both its legality, on the grounds of irrationality, and, alternatively, on the grounds of the Promotion of Administrative Justice Act (PAJA). The court deemed the PAJA argument legally irrelevant and ordered Gordhan and Pillay to pay costs on the matter, which they then applied to appeal. On Wednesday this week, the court dismissed that appeal application along with Mkhwebanes application to overturn the whole judgment. We are therefore of the view that there are no reasonable prospects of success of the appeal, ruled Judges Elizabeth Kubushi, Mpostoli Twala and Norman Davis on Wednesday. Put differently, we hold the view that there is no prospect that another court may come to a different conclusion in this case. Therefore the applications for leave to appeal and cross-appeal the judgment fall to be dismissed. The court ruled that both applications to appeal were dismissed with costs. The decision to dismiss Mkhwebanes appeal application means the December 2020 judgment, ruling Gordhans approval of Pillays early retirement lawful, stands. Mkhwebane still has the option of attempting to appeal directly to the Supreme Court of Appeal to overturn the judgment and reinstate her report. The public protector has faced a string of adverse court judgments, particularly in relation to Gordhan. Weeks before courts overturned her report on Pillays early retirement, another ruling said her report on the so-called SARS rogue unit was without foundation, particularly as this conclusion is based on discredited reports and unsubstantiated facts. DM
Who’s up for the top judicial posts in the ConCourt? - Daily Maverick
A human rights lawyer, procedural law expert, a former military judge and deputy judge president are among 10 shortlisted candidates who will walk into a judicial hearing room in April to be put to the test for top positions in the country's highest court.
From left: Judge Dhayanithie Pillay / Judge Bashier Vally / Judge Muhabe Betty Molemela / Judge Narandran Jody Kollapen / Judge Fayeeza Kathree-Setiloane (Photos: Supplied) First published in the Daily Maverick 168 weekly newspaper. The candidates who stand in line for two vacancies in the Constitutional Court are among the most experienced lawyers in the country. The ConCourt has historically been seen as the final step in dealing with Constitutional matters. As the highest court in the country, judges of the Constitutional Court should have a range and depth of experience in the practice of law, and as a jurist, says Chairperson of the Pan African Bar Association, Advocate Nasreen Rajab-Budlender. In our view, a solid track record in the practice and adjudication of Constitutional Law is a prerequisite for the position. However, the issues dealt with by the Constitutional Court now traverse every aspect of law from commercial to labour to family law. Therefore, in our view, a judge of this court ought also to have extensive expertise and a proven track record over a wide range of areas of law. Among the things that the Judicial Service Commission (JSC) has been known to consider when looking for Constitutional Court candidates, is previous experience in leadership. Among the 10 candidates shortlisted for the roles is Judge Aubrey Ledwaba, who is currently serving as an active judge at the Supreme Court of Appeal. Lebwaba was appointed as a judge of the high court in Gauteng in 2005 and became Deputy Judge President of that division eight years later. Outside of his formal judicial work, Lebwaba has focused on the training of judges and has been a member of the International Association of Refugee Law Judges. In a 2015 speech titled Reflections on Acting: What is required of Acting Judges Ledwaba joked that those who wish to join the bench should do some serious introspection. Make sure that youve paid your bond. And this is serious guys because it says one thing. When you are on the bench, you are not going to sign your cheque as you used to when you were an advocate or an attorney. And the money is not that good there so you really need to make a serious introspection before you decide you want to be a judge. While Ledwabas comments received many laughs, they indicate an appreciation of the service aspect of being a judicial officer. He told the group of aspirant judges to internalise and revisit the oath that they take as legal practitioners. Readers who have kept a close eye on the Zuma spy tapes drama that unfolded over several years may recall Ledwabas name from the 2015 judgment which found that former NPA head Mokotedi Mpshe acted irrationally by dropping the charges against former president Jacob Zuma. Mr Mpshe ignored the importance of the oath of office which demanded him to act independently and without fear and favour. It is thus our view that the envisaged prosecution against Mr Zuma was not tainted by the allegations against Mr [Leonard] McCarthy. Mr Zuma should face the charges as outlined in the indictment, Ledwaba said when delivering the judgment The full effects of that decision have yet to materialise ahead of Zumas appearance in court again in May. In 2019, Judge Ledwaba ruled in a case involving President Cyril Ramaphosa and Public Protector Busisiwe Mkhwebane. His ruling resulted in the sealing of the CR17 campaign records after Ramaphosas legal team argued that the records were obtained illegally. Durban High Court Judge Dhayanithie Pillay ruled that Zuma should apologise to fellow ANC stalwart Derek Hanekom. In making her ruling, she noted the growing intersection between politics and law. Lawfare is a consequence of the failure of dialogue and politics it is a battle or skirmish in the overall war for dominance and control by one or other faction. The courts will resolve this dispute, but it would take much more to resolve the conflict, she says in the judgment. Pillay ruled that Zuma should apologise to Hanekom and refrain from painting him as an apartheid agent. Judge Pillays understanding of power and politics goes back to her days as a human rights lawyer who also dealt with administrative law disputes. However, much of her career was related to labour law. She was among the drafters of the Labour Relations Act and clauses in the Constitution that relate to the Public Service Commission and Electoral Commission. She previously served as a judge of the labour court for a decade and was a part-time Senior Commissioner at the CCMA. She has lectured in international labour law at Seattle University and other institutions. Judge Pillay has previously applied for a position at the Supreme Court of Appeal and at the Constitutional Court but was unsuccessful. In the 2016 interview for the SCA, she was questioned about her lack of experience acting in the higher courts as well as some of the previous judgments which were overturned on appeal. There are different approaches to any set of facts. Sometimes you can say there is a right and a wrong decision but sometimes you must say that there are different approaches, she told former SCA Judge President Lex Mpati. Judge David Unterhalter is what some might consider legal royalty his father was Jack Unterhalter, a renowned lawyer who represented political prisoners during the apartheid period. While Unterhalter has an impressive legal career in his own right, the question of his privileged position was brought up when he interviewed for judicial office in 2017. Former justice minister Michael Masutha asked whether Unterhalter thought that his fathers reputation was significant in elevating him to the heights he achieved in his career. My father was an extremely influential person in forming my views about law and what it could do. He spent a good deal of his professional life acting for people who were in different ways oppressed under apartheid. That was very much the legal family that I was born into. I dont know that Ive always lived up to everything that he did, Unterhalter told the commission. Unterhalter was nominated by South Africa to the World Trade Organisation Appellate committee, which saw him adjudicate on international trade disputes. He also lectured law at Wits University and taught Masutha in criminology. Unterhalter has also lectured in competition and trade law, as well as constitutional and administrative law. He has acted on behalf of Ramaphosa, when as deputy president he was called to participate in the Marikana Commission of Inquiry, led by retired Judge Ian Farlam. Despite a lengthy career as a lawyer he has only been a high court judge for three years, which is significantly shorter than other candidates. The Democratic Governance and Rights Unit, which compiles reports on candidates for judicial office, lists a case involving Ajax Cape Town player Tendai Ndoro as one of his notable cases. Ndoro was contracted to Ajax during the 2017 2018 season but also registered to two other clubs at the same time. The Premier Soccer League questioned whether Ndoro could play for more than two teams in one season. Alan Dodson SC is the only candidate who does not currently hold a position on the bench, although he served as a judge of the Land Claims Court for five years (1995 200) before going to the United Nations Housing and Property Claims Commission for seven years. The commissions work involved resolving property rights disputes in war-ravaged Kosovo. Dodson has spent the majority of his career in the realm of property and human rights law and previously served as director of litigation at the Legal Resources Centre. His legal practice has also specialised in environmental law, labour law, and administrative and constitutional law. In 2019, Dodson represented the Association for Rural Advancement as they took their labour tenant case to the Constitutional Court. The association challenged governments processes in ensuring that labour tenants were able to secure the appropriate rights, as envisaged in law. Claims by labour tenants who had occupied land before 1995 had to be lodged by 2001 and made their way through a bureaucratic maelstrom in the former land affairs department. The members of the association submitted their land claims applications timeously but the matters were never referred to the Land Claims Court. In response, the department admitted that labour tenant applications had not been proactively managed for a number of years. The departments report of August 2016 later indicated the scale of the problem nearly 11,000 labour tenant applications remained unsettled. In terms of sheer bureaucratic overload, this was a staggering figure, Justice Edwin Cameron wrote in the judgment. Dodsons argument led the court to uphold an earlier decision by the Land Claims Court to appoint a special master to assist the Department of Rural Development and Land Reform to clear its land claim backlog. The current acting judge president of the Land Claims Court, Judge Yasmin Shehnaz Meer, has headed the court since 2012 and was one of the first judges to be appointed to the Land Claims Court in 1996. In a 2015 interview, Meer said that the challenges of working at the Land Claims Court were significant. Producing evidence is always difficult when you have unsophisticated claimants and they are claiming for land that was dispossessed way back in 1913. Often the people who claim are the descendent of people who were dispossessed, so they might not have easy access to evidence, she said. The court is a permanent circuit court, meaning that its hearings are held in unconventional venues around the country. Judge Meer also serves as a Judge of the high court in the Western Cape. Her judgment in the My Vote Counts case opened the door for information around political party funding to become public when in 2017. She found that sections of the Promotion of Access to Information Act were inconsistent with the Constitution and invalid insofar as it does not allow for the recordal and disclosure of private funding information. She gave the government 18 months to amend the legislation. The Constitutional Court later agreed with her judgment. Judge Bashier Vally started his career as a union negotiator and organiser for the Commercial, Catering and Allied Workers Union in the 1980s before moving into legal practice. Vally still remained in the realm of labour law, servicing as senior trainer for CCMA commissioners in the late 1990s into 2000s and later served as the chairperson of the Essential Services Commission. Vally has served as a high court Judge in Gauteng since 2012 and joined the Competition Appeal Court in 2018. Vally was appointed to the competition court after a tough interview in which he clashed with the courts Judge President Dennis Davis. During the interview, Chief Justice Mogoeng Mogoeng asked about Vallys sense of the state of corruption, particularly as it relates to the role of business. Mogoeng noted that the regulatory framework doesnt seem to deal with corporate corruption with the harshness that mirrors the public outcry about such matters. The (corrupt) practices are incredibly difficult to prove. And sometimes we just do not have the capacity to unveil them. Thats the impression that I get. So you do have a fair number of people getting away with practices that they should not be getting away with Theres so much secrecy and confidentiality involved in many of these things that its hard to expose them and deal with them firmly, Vally said in the interview. Despite eventually being appointed, in 2018 he had a tense exchange with Competition Appeal Court Judge President Dennis Davis. Chief Justice Mogoeng Mogoeng had to intervene. Davis said he was curious about Vallys concept of collegiality since he had written a number of dissenting judgments in cases where he disagreed with other colleagues at the court. Are you suggesting, and Id like you to be upfront Justice (Davis), that Im not collegial? Then youll have to give me examples. The fact that my judgments come out differently, they are there for the public to see, theyre there for the commission to see, theyre there for the tribunal to see. We have differed on points, Ive argued my points. I dont know if youve had enough conferences, youre the presiding judge. Vally was the judge in the court case brought against the government after Grace Mugabe was accused of assaulting three South African women. The case questioned the extent of diplomatic immunity and Vally found that the decision by the Minister of International Relation to recognise Mugabes immunity at the time and allow her to leave South Africa, was inconsistent with the Constitution. Judge Muhabe Molemela admits that she was once considered a rose among the thorns when she started her career as an attorney in the Free State. The former prosecutor and military judge says that at the outset of her career she faced stereotyping. Work was allocated to me but I soon noticed that it was just from one stream. Family law matters, collection matters and so forth, she said in her interview for the Supreme Court of Appeal in 2018. Briefing patterns for women lawyers and inherent sexism were among the features of her interview and these very questions could once again come up, as the gender balance on the judiciary remains an important issue in the legal fraternity. The Pan African Bar Association has noted: The list contains several very strong applicants with excellent track records as judges and sound knowledge of the Constitution. Appointments to the Constitutional Court should broadly reflect the demographics of South Africa, with particular attention to gender and race. Molemela says there are numerous commitments to ensuring women get a larger share of legal briefs, but told the JSC that this had not happened by 2018. The Democratic Governance and Rights Unit at UCT has compiled a report on some of the notable judgments of the candidates up for various positions in April. The organisation listed a judgment that provided clarity on whether interpreters are allowed to read the oath to witnesses, as opposed to a judicial officer, as one of Judge Molemelas notable judgments. She found, along with other SCA judges, that with oversight this was allowed. The decision resulted in five people convicted of aggravated robbery remaining behind bars. Judge Rammaka Mathopo is another judge of the Supreme Court of Appeal up for a ConCourt post. Judge Mathopo served as a high Court judge for 9 years before joining the SCA in 2015. While at the high court, he ruled in a case relating to the Zuma spy tapes which has in part paved the way for the former president to have his day in court. He ordered then Acting National Director of Public Prosecutions Nomgcobo Jiba to provide the recordings and transcripts of conversations referred to by the former NPA hear Mokatedi Mpshe when he formally withdrew fraud and corruption charges against Zuma in 2009. He found that the transcripts would aid in determining the rationality of the decision to drop the charges against Zuma, an issue that came before Judge Ledwaba, who is also contending for a ConCourt post. In another decision taken while Mathopo was acting as a ConCourt judge, he considered whether the doctrine of common purpose can be applied in a rape case. The doctrine is usually applied in complex commercial crimes. Judge Mathopo noted: It is necessary that the relationship between rape and power must be considered when analysing whether the doctrine applies to the common law crime of rape. To characterise it simply as an act of a man inserting his genitalia into a females genitalia without her consent is unsustainable. In instances of group rape, as in this case, the mere presence of a group of men results in power and dominance being exerted over women victims. The court concluded that the doctrine of common purpose does apply to rape. Judge Jody Kollapen is a well-known human rights lawyer, having served as the Commissioner at the SA Human Rights Commission from 1996 to 2001 and later spending seven years as the chairperson of the commission. Kollapen had also worked for Lawyers for Human Rights, one of South Africas leading pro-bono human rights litigation units. He was involved in the organisations political prisoner release programme that helped to negotiate the release of several prisoners held under apartheid. In 2019 he interviewed for a position at the ConCourt, Chief Justice Mogoeng noted that Kollapen was quite visible in his role as SAHRC chairperson, and appeared to be someone who couldnt allow himself to be contained by ties and suits. The work of the commission at that time, particularly around the work of equality and non-discrimination was important in sending out a message to South Africans that the Constitution was meant to be inclusiveIt had to make space for everybody, even recognising the right to be different. That wasnt easy because we were a society that largely developed separately. We wanted equality for everyone that was like us but if someone was different from us, then we didnt, he told the commission at the time. Kollapen also applied for a ConCourt post in 2017, and in that hearing told the commission that his mother was jailed when she was 20-years old. One grew up in an environment that exposed one to the injustices of the time, he said. Kollapen has served as a high court judge from 2011 until now and presided in the 2019 application for a permanent stay of prosecution in the Ahmed Timol case. Kollapen, along with two other judges, found that the delay in prosecuting the crime was not unreasonable which opened the case up for hearing. More recently, he awarded half of a R15-million estate to the grandmother of a boy with cerebral palsy. The judgment has been hailed as a landmark ruling as it has challenged the conventional legal definition of parenthood. Judge Fayeeza Kathree-Setiloane has also applied for a ConCourt position in 2019. Her legal career began at the Constitutional Court, serving as a clerk of the court for Justice Yvonne Mokgoro on the first-ever bench of the court. It was so amazing to be at the Constitutional Court on the very day that it was opened by president Mandela at the time. It was an experience that I just cant describe. It was just a beautiful time and to be there for the first cases, to be part of that very historic year of the court was so important for my development as a lawyer, she said at the outset of the 2019 interview. Judge Kathree-Setiloane also spoke of her involvement in politics of the bar through the National Association of Democratic Lawyers. Black women and men were just not getting the commercial work. They were getting work from the State Attorney but they were just not getting the big commercial work. I think black women and women generally were the most disadvantaged because they had to make do with family law practices, she said. In an article reflecting on her 2019 interview, civil society organisation Judges Matter noted that despite a pleasant beginning, the interview was characterized by controversy as the Chief Justice later questioned Judge Kathree-Setiloane about her behaviour when she came for an acting sting at the ConCourt. Mogoeng said he was shocked by reports that she arrived at the court demanding parking and access to records before her official appointment letter was signed by the president. It troubled me and it troubled colleagues, he said. Kathree-Setiloane said Mogoeng had been misinformed and explained that she was simply eager to get to work. I went very humbly. Im sorry, I didnt demand any parking. I was trying to establish what the situation was. And its based on my experience when Im a labour appeal and Supreme Court of Appeal acting judgeThis was really just a query. Mogoeng also asked Kathree-Setiloane about allegations made by some clerks at the court that she had shouted and screamed at two female staffers. She denied the allegations saying there had been an exaggeration from those who relayed the story and that the matter was dealt with by Justice Raymond Zondo. I demanded an inquiry. I said, Judge Zondo: Im a young judge, Im not in the appeal court yet. Im not in this court yet. This thing will resurrect itself and visit me sometime later. And its going to destroy my career. And I cannot allow that to happen Judge Zondo said Fayeeza these are just misdirected young girls. They are misguided He said even her mother is going to give her a scold about it. Do not worry about it, it is sorted out, she said. Mogoeng later revealed that one of the women involved in the incident was the daughter of the judge president of another court. At the time, the commission had received several comments from those in the legal fraternity about Kathree-Setiloanes role in this alleged incident. In 2015, while at the high court, Kathree-Setiloane ruled in an important matter asserting the independence of the Independent Police Investigative Directorate. She overturned the suspension of former IPID boss Robert McBride after he was suspended by then police minister Nathi Nhleko. Her decision was later upheld by the Constitutional Court. DM168 The JSC will interview these 10 candidates over two weeks in April, starting on 12 April. The commission is interviewing for 30 positions in all, ranging from the ConCourt to the high court. The commission says it has received more than 50 comments on the suitability of candidates for all 30 positions. Comments are mainly from legal bodies and those in the legal fraternity. The commission is yet to decide whether the April interviews will be conducted virtually or in-person. Dianne Hawker is a legal journalist and News Editor at Newzroom Afrika. This story first appeared in our weekly Daily Maverick 168 newspaper, which is available for free to Pick n Pay Smart Shoppers at these Pick n Pay stores.
Total decides on total recall of all staff from troubled Afungi gas project - Daily Maverick
The future of the $60-billion project is now in doubt.
Pemba airport, where injured displaced people from Palma, who took refuge in Afungi, have been airlifted to, among them women in labor, adults and children suffering gunshot wounds, among other injuries sustained in attacks by rebel groups, in Pemba, Mozambique, 30 March 2021. Since Sunday, several boats, private and others organized by Total and the authorities, have been transporting people from Palma, in a number that should already be over 2,000, but without official confirmation. EPA-EFE/ESTEVAO CHAVISSO The French Energy company Total withdrew all its personnel from its Afungi liquid natural gas (LNG) facility near Palma, on Friday, in the wake of last weeks insurgent attack. This full withdrawal has placed a large question mark over the future of the $60-billion project to tap Mozambiques vast Rovuma Basin offshore gas reserves which it is counting on for its future development. Total had announced a partial withdrawal after insurgents affiliated to Islamic State overran Palma last week. But French officials and security sources in Mozambique told Daily Maverick that Total had now pulled the last of its personnel out on Friday. This followed a resurgence of jihadi violence this week, including an attack on the command post of the Joint Task Force of government security forces between Palma and Afungi, about 12 kilometres southeast. This is the force assigned to defend Afungi. Totals complete withdrawal had left the defence of Afungi and the future development of Rovuma Basin gasfields to the Mozambique government security forces. These forces have so far shown themselves inadequate to the task and their capabilities appear to have been significantly diminished by the withdrawal from the battle this weekend of the South African private security company Dyck Advisory Group. (DAG) DAGs small helicopters gunships have been providing air support to the Mozambique ground forces for a year and seem to have prevented the insurgents from making even greater gains. Over the last week, they were very active in Palma, helping to escort locals and expatriate contractors to safety by firing on insurgents from the air and also rescuing over 200 stranded individuals. DAGs one year contract expires on April 6 and it tried to negotiate an extension of at least three months but Maputo refused to budge. So the outfit was due to fly its last sortie on Friday still battling insurgents in Palma and then to leave after a few days. The Mozambique government has hired or bought three similar Gazelle light helicopters and three larger Russian helicopter gunships from other sources including the South African arms company Paramount which is training Mozambican pilots to fly at least the Gazelles. But the pilots do not seem ready for combat yet and so security analysts believe there will be a security vacuum now which the insurgents might very well fill. There is some speculation that the Mozambique governments refusal to renew DAGs contract may have been a factor in Totals decision to pull out on Friday. Daily Maverick approached the companys spokesperson in Mozambique for confirmation of its withdrawal and the reasons why but has not received a reply. Total had halted the gas project in December and withdrawn most of its staff after insurgent attacks nearby. On March 24, last week, Total announced that it was returning to Afungi after a three-month absence because the government had guaranteed a safe radius of 25 kilometres around the Afungi plant. Within hours the insurgents launched their offensive against Palma. Alex Vines, head of the Africa programme at the think tank Chatham House in London, suggested to Daily Maverick that Total may have been putting pressure on the Mozambique government to get its act together on security. Totals full withdrawal of personnel on Friday raises the important question of whether it will ever return. Asked this question, a French official source told Daily Maverick: Indeed, they are assessing the situation because the stop-and-go is very expensive for the companies. It is difficult to work under that threat and pressure so it will depend on the Mozambican and international response to the crisis. Alex Vines, head of the Africa programme at the think tank Chatham House in London, suggested to Daily Maverick that Total may have been putting pressure on the Mozambique government to get its act together on security. Total made the pull decision really early this morning (Friday). They havent declared Force Majeur on the project which is an important statement but its easier to walk away if the government doesnt turn around the insurgency. Vines said he believed Maputo had already accepted before the Palma attacks that it needed to significantly improve its counterinsurgency efforts and the insurgency was already feeling pain. The Palma attack has fast-forwarded existing plans and lets see. Meaningful progress will take some years, not months but should be possible. Cabo Delgado is not the Sahel or Chad Basin its a patch of insurgency. Its striking that most Mozambicans flee the insurgency now over 700,000. This is not a popular uprising. Well DAG didnt get the three-month contract extension and so over to Paramount. He added that although there had been divisions in the Mozambique government, the plan was always to have Paramount take over the procurement of the new Gazelles and other equipment. So in sum: Total remains committed to this project and will continue to honour its MoU agreements with the government. But Totals pullout from Afungi does increase the stakes and pressure on the government to greatly improve the security situation. The insurgency has also impacted the many South African and other international companies which were sub-contracting to Total at Afungi. One South African building contractor, Adrian Nel, 40, from Kwa/Zulu-Natal was killed in the insurgent attack on Friday. Scores of other contractors have returned to South Africa.DM
Passion plays: The politics of Jesus - Daily Maverick
What Jesus did was plant the seed of the left-wing outlook – the idea that society has a special duty of protection towards its most vulnerable, the poor, the sick, the young and the old. Together with his world-negating refusal to compromise with authority, …
Christ on the cross, Eastern Cape (Photo: Malibongwe Tyilo) Yeshua ha Nozri Jesus of Nazareth lived through a politico-religious ferment marked by the birth of a violent independence party, periodic anti-colonial uprisings and the regular emergence of apocalyptic preachers prophesying the end of days. Over every aspect of Jewish life fell the shadow of the aquila, the Roman standard. The overlordship of a pagan power was felt as an intolerable religious and national affront. Seething discontent would reach its terrible climax in the First Jewish-Roman War of 66-73CE, which left the Jerusalem Temple a smoking ruin and a million dead. Sixty years later the legions would savagely suppress another rebellion, led by nationalist general Simon bar Kokhba. Like the British in Africa, the Roman prefect, Pontius Pilate in 26-36CE, ruled through local clients, including Herod, the puppet king of Galilee. The Sadducees, the Hellenised landed elite who controlled the Temple, were a comprador class who relied on Roman patronage. The Romans had a monopoly on lethal force: only they could carry arms and only the prefect could execute, which he did at the first whiff of sedition. The Jews paid for the imperial administration: taxes, from which Roman citizens were exempt, were a potent grievance. The result was a fevered millenarian climate fuelled by Old Testament prophecies of the Messiah, an earthly king of Davids lineage who would liberate the Jews and sweep away their enemies. The Zealots, founded in 6CE, called for armed struggle; the ultra-nationalist Sicarii carried hidden daggers to assassinate Romans and their Jewish collaborators. Pious scholars with a popular following, the Pharisees looked forward to the Messiah but were politically quiescent. Another sect, the Essenes, which included the Qumran monastic community that wrote the Dead Sea Scrolls, withdrew into ascetic seclusion to perfect themselves for the messianic age. Some scholars believe the Essenes were linked to John the Baptist, who immersed his followers in the Jordan River in purificatory readiness for the coming of the meshiach, and who baptised Jesus. The Evangelists scramble to underline Johns recognition that he is the Nazarenes subaltern and precursor. But he may have galvanised Jesuss ministry. The baptism hints at Jesuss desire for ritual purification and acknowledgement of Johns seniority. Otherwise, why submit to it? Elsewhere Matthew contradicts the claim that John knew Jesus was the Anointed One. After Herod arrested him, the Baptist sent Jesus a message asking: Are you the one who is to come, or should we expect some other? Alsacian theologian, philosopher and 1953 Nobel Prize winner Albert Schweitzer believed both men were products of the first-century politico-religious ferment, apocalyptic preachers wholly dedicated to proclaiming the imminence of the Kingdom of God on earth. But they diverged in important ways. Historian and former Catholic priest John Dominic Crossan argues that because the Jordan symbolised the boundary between Jewish exile and the Promised Land, the Baptists use of it deliberately evoked Joshuas crossing and conquest of Canaan. Presumably God would do what human strength could not do destroy Roman power once a critical mass of purified people was ready for such a cataclysmic event, Crossan writes. Certainly Herod, who beheaded him, regarded John as a political threat. Some 19th century exegetes cast Jesus as a nationalist revolutionary, but he seems to have had no interest in a terrestrial kingdom or political change. Until he appears before Pilate, the Romans hardly feature in his ministry indeed, he mixes with tax-collectors, reviled because they served the oppressor. In Johns Gospel he tells Pilate that his kingdom does not belong to this world. His followers misread him: voicing the political dismay that followed the disaster of the crucifixion, the disciple Cleopas lamented: We had been hoping he was the man to liberate Israel. Jesuss famous rejoinder on Roman taxes Render unto Caesar … suggests he accepted taxation, but considered it irrelevant. For one who believed so strongly in the imminent cataclysm of Gods eruption into human history, as historian Michael Grant puts it, the Roman rule may have seemed superficial and transitory. Crucially, Jesus also departed from the Baptist in believing that he himself was inaugurating Gods kingdom which was a work already in progress. Luke records him as reading from the prophet Isaiah in the synagogue: The spirit of the Lord is upon me because he has anointed me to proclaim the year of the Lords favour. Then, with all eyes on him, he added: Today, in your hearing, this text has come true. This typifies a thought pattern alien to us but pervasive in the Gospels of typology, that events were prefigured in the past and foreshadowed the future. Jesuss arrival in Jerusalem, trial and Passion bristle with Old Testament references, and he may have contrived events to resonate in this way. His entry on a donkey which he told his disciples to fetch is in clear fulfilment of the prophet Zechariah. Similarly, the typology of the Suffering Servant in Isaiah (He was pierced for our transgressions by his scourging we are healed) apparently drove his growing conviction not just that he would die, but that he must die for his mission to succeed. His anguished plea for this cup to pass me by Yet not as I will, but as thou wilt speaks movingly of the inner warfare between his apocalyptic fervour and dread of the approaching ordeal. The Gospels make it abundantly clear that Jesus thought the full-blown arrival of the Kingdom was at hand. He may also have come to think his own death was the providential condition for its establishment. Iraqi Christians pray during a Christmas church service on December 25, 2004, in Baghdad, Iraq. (Photo by Muhannad Fala’ah/Getty Images) After vividly evoking the wonders of the Last Day the darkening of the sun and moon and descent of the Son of Man on clouds of glory he tells his disciples in Matthew that the present generation will live to see it all. Twenty centuries later it is safe to say he was wrong, raising difficult questions about his alleged divinity. But there was more to his teaching than a mistaken doctrine of ends. He nowhere describes conditions in the Kingdom, but as reflected in the Lords Prayer apparently saw it as a mystical dispensation where Gods will would prevail on earth as in heaven. All could enter the Kingdom regardless of rank if they underwent metanoia, a sea-change of heart and mind. This radical egalitarianism, as Crossan calls it, entailed a widely accessible itinerant ministry; open commensality, where all ate together without social distinction; and a healing agency that embraced outcasts and the ritually unclean, including lepers and the mentally ill. Such radically counter-cultural practices underpinned Jesuss clashes with the religious authorities. Accused by the Pharisees of ritual pollution for consorting with sinners and tax collectors, he excoriated them as tombs covered with whitewash outwardly observant, but spiritually dead. Similar concerns may have sparked the Cleansing of the Temple, the last straw for the religious establishment. The money-lenders and animal sellers he rousted served the Temples sacrificial functions. But like Isaiah, Jesus may have felt that without spiritual renewal, the reek of sacrifice is abhorrent to me. The equality of the elect also implied an unusually high status for female followers. Mary Magdalene and other women provided for him and his disciples from their own resources, according to Luke. Four women are recorded at the crucifixion, while his male followers seem to have made themselves scarce. Jesuss message is presented as universal, but the Gospels strongly suggest he did not see himself as ministering to the Gentiles. This shift in focus was largely worked by St Paul, a Hellenised Jew from Asia Minor who seems to have known almost nothing about Jesus as a historical figure. There is no getting around two Gospel passages that underscore Jesuss strong Jewish religious identity and belief that the Gentiles were not his concern. Sending his apostles to spread the word, he warns: Do not take the road to Gentile lands. More pointedly, when a Phoenician woman asks him to heal her daughter, he ignores her, then growls: It is not fair to take the childrens bread and throw it to the dogs. He relents only after further pleading. Some believe the call in the Sermon on the Mount not to cast pearls before swine also relates to the Gentiles. What Jesus did, however, was to plant the seed of the left-wing outlook the idea that society has a special duty of protection towards its most vulnerable, the poor, the sick, the young and the old. He did this by channelling the dozens of pro-poor adjurations in Isaiah and elsewhere in the Jewish Bible and transmitting them, with unique emphasis, to the emerging church and thence to wider humanity. Dutch scholar Peter van der Horst points out that there was no concept of special relief for the poor in the Greco-Roman world indeed, poverty was considered a mark of a flawed character and predisposition to crime. Significantly, the first organised charity in the ancient world, initially for widows, was among the early Christians of Jerusalem. Together with his world-negating refusal to compromise with authority, this has been Jesuss lasting political bequest. His insistence that the last shall be first has had volcanic reverberations down the ages. DM/MC/ML
SADC grapples with response while mercenaries, energy companies and civilians quit Mozambique’s Islamic State crisis - Daily Maverick
Fighting continues in the Cabo Delgado town of Palma and concerns are growing that Mozambique may never be able to pacify the area enough to enable the return of Total and other gas exploration companies. These fears have been heightened by the expected withd…
People wait at the port of Pemba for the arrival of their loved ones on a boat carrying 1200 displaced persons evicted from Palma, in Pemba Mozambique, 01 April 2021. EPA-EFE/LUIS MIGUEL FONSECA Regional leaders are drafting a response to try to curb Islamic State-linked insurgents in Mozambique and prevent a recurrence of attacks like the one on the northern town of Palma over the past week, which killed scores of civilians, including one South African contractor. The attack devastated the town, forcing the withdrawal of the French energy company Total which is hoping to tap vast offshore liquid natural gas (LNG) reserves. Many companies, including some South African ones, which were subcontracting at Totals Afungi LNG processing plant, have also pulled out. So has the towns population. Fighting continues in Palma and concerns are growing that Mozambique may never be able to pacify the area enough to enable the return of Total and other companies to exploit the gas. These fears have been heightened by the expected withdrawal on Friday, 2 April of the private security company Dyck Advisory Group (DAG) which has been keeping the insurgents partly at bay with its small fleet of light helicopter gunships. This week, African Union chairperson Moussa Faki Mahamat expressed his utmost concern at the presence of international terrorist groups operating in southern Africa, and calls for urgent and coordinated regional and international action to address this new threat to our common security. The Southern African Development Community (SADC) has responded to his call. On Wednesday, 31 March, Botswana President Mokgweetsi Masisi told journalists in Harare that he and President Cyril Ramaphosa and Zimbabwe President Emmerson Mnangagwa were discussing a SADC response to the insurgents. Masisi is the current chair of SADCs security organ and Ramaphosa and Mnangagwa are the two other members of the organs troika. And we have formed views as a troika, Masisi said. One of them will result in taking this further so that we as SADC respond in a helpful manner to ensure that we assure the integrity and sovereignty of one of our own, never to be assaulted by dissident, rebellious and non-state actor forces that undermine the democratic peace and credentials of the region. Masisi declined to reveal details of the proposed SADC response until he had completed his consultations. Meanwhile, in Palma fighting is continuing, over a week after the insurgents attacked the coastal town which lies in Cabo Delgado province, close to the Tanzanian border. A security analyst in Mozambique told Daily Maverick on Thursday that the situation remained very tense, with sporadic fighting. On Wednesday night, insurgents attacked the command post of the Joint Task Force of the Mozambican government forces between Palma and nearby Afungi. The insurgents withdrew after the attack. The face of the insurgency is basically changing, especially as the insurgents are now mobile and they can cause an amazing amount of grief, the analyst said. They liberated more than 80 vehicles which they used to transport food from Palma into the bush every night. So we are in for the long run. The analyst added that the insurgents had planned the attack well in advance, infiltrating surveillance teams into Palma in November last year, monitoring government security forces and expatriate positions and caching weapons and ammunition. Ramaphosa contemplated sending in SA special forces on Saturday to rescue South Africans, but then decided against it, mainly because Mozambican President Filipe Nyusi refused to give the go-ahead, according to security sources. Nonetheless, Democratic Alliance defence spokesperson Kobus Marais said the special forces should have been deployed to rescue South Africans and protect their assets. Our equipment, eg Oryx helicopters, couldve played a significant part in their speedy rescue without the unnecessary trauma they had to endure. A C130 [cargo aircraft] shouldve been waiting in Pemba. He noted that a rescue mission was now no longer necessary as most South Africans had now been repatriated and he welcomed the SANDFs role in flying to Cabo Delgado to do that. But he said Pretoria should still try to secure the assets of the SA companies and contractors to the LNG industry. Marais also called for a SADC intervention force to stabilise Cabo Delgado to benefit not only Mozambique, but the SADC region and notably South Africa. South Africa could not do this alone. Its unsustainable, unaffordable, and indefensible from a foreign policy perspective. Although the USA, France and Portugal all currently have a presence, it is not ideal for the region not to be part of any stabilisation force, he said, adding that the proposed SADC intervention should be supported politically and financially by the AU and the UN. Marais said the shortcomings of the SANDF had been highlighted by the Palma attack, suggesting that continuous budget cuts and political unwillingness to reprioritise and restructure the SANDF had undermined its ability to respond to this sort of crisis. DM
Campaign renews quest for truth behind killing of SA photographer Anton Hammerl - Daily Maverick
Ten years after South African photographer Anton Hammerl was killed the trail to find his body has long gone cold, and his killers are still walking free. But now all of this could change.
Photographs of the late South African photographer Anton Hammerl on display at his memorial service at His People Church at Parktown on July 2, 2011 in Johannesburg, South Africa. Hammerl was killed by pro-Gaddafi forces in April while covering the war in Libya. His remains have still not been found. (Photo by Gallo Images / Sunday Times / James Oatway) On Thursday, Hammerls wife, Penny Sukhraj-Hammerl, with the help of human rights lawyers, filed three complaints with the United Nations, to initiate an investigation they hope will identify those involved in his death and possibly locate his remains. The first complaint is to be filed with the new UN special rapporteur on extrajudicial, summary or arbitrary executions, Dr Morris Tidball-Binz. The other complaints are to be directed to the special rapporteur on freedom of expression and the UN working group on enforced or involuntary disappearances. We are asking that they raise serious concerns with the Libyan authorities and we are also asking that they urgently request information from the South African, Austrian and UK authorities, says Caoilfhionn Gallagher QC, a barrister at Doughty Street Chambers in London, which is representing Hammerls family. The law firm specialises in human rights and civil liberties and has acted in cases that involved the deaths of several high-profile journalists. The firm has also worked on the Jamal Khashoggi murder, and that of Maltese investigative reporter Daphne Caruana Galizia. However, unlike these two murders, Hammerls killing is now a cold case that happened in a country that is still recovering from the civil war that the then 41-year-old freelance photojournalist went to cover. On 28 March 2011, Hammerl kissed his wife goodbye at a London station. The couple had moved to the UK from South Africa. It was still in the early days of the uprising against Muammar Gaddafi, and reporters and photographers from around the world were flocking to Libya, to report on the latest country to be swept up by the Arab Spring. But this bloody civil war was to be particularly deadly for journalists. South African journalists and friends of photographer Anton Hammerl outside Parliament in Cape Town on 20 April 2011. (Photo by Gallo Images/The Times/Moeketsi Moticoe) By the time Gaddafi was ousted, five journalists were dead. A week later, on 5 April 2011, Hammerl teamed up with three other journalists James Foley, Clare Gillis and photographer Manu Brado and drove west from their base in Benghazi. What happened on that fateful day Gillis would later tell to journalists after her release from captivity. She told how they came across a firefight and were shot at by Gaddafi loyalists. In the confusion she heard Hammerl call out for help and noticed he had been shot in the stomach. The three journalists were then beaten by the soldiers and bundled into a truck. Hammerl was left on the desert floor to die. For the next six and half weeks Hammerls family were led to believe that he was alive and being held captive with the three other journalists. Libyan officials passed on this information to the South African and Austrian governments. The latter was involved because Hammerl held dual citizenship. The Libyans even went so far to say that Hammerl had told them he wished to speak to his family. It was only a day after the three journalists were released on 18 May that Hammerls family was told he was dead. One of the problems is that you have a state that is not complying with its obligations to conduct and investigate where there has been the violent death of a journalist. We feel in Antons case Libya is not doing this and has not been complying with its international obligations for the last 10 years, says Gallagher. And there is good reason from the material we have seen to suspect that Libyan officials were involved in a cover-up of what appears to have been a war crime. Gallagher says they believe the Libyans committed several violations of international and humanitarian law, including intentional murder and directing attacks against civilians. In the months following Hammerls disappearance there were efforts to send people to Libya to try to find his body, but the deteriorating situation in the country prevented this. Then, a year after his death came the news that he might have been found. A body was discovered in a mass grave near Bin Jawwad, a town 200km west of Brega. The body was reportedly in a coffin marked number 57 and was said to be that of a white male, with black hair and of Hammerls height, who had died around 5 April 2011. The individual had been killed by pro-Gaddafi forces. A camera lens was also said to have been found with the body. DNA samples were said to have been taken but it is unclear whether they were analysed. The family has heard nothing since and there have been few leads. The trail has gone cold, and that is just horrifying, says Gallagher. The launch of the #JusticeforAnton Campaign on Thursday is an online event. Among the speakers are Sukhraj-Hammerl and Diane Foley, whose son James Foley was executed by the Islamic State group in Syria in 2014. Foley might one day help in piecing together the circumstances around Hammerls death. He returned to Libya to search for Hammerls body and left detailed notebooks of his journey, which Gallagher hopes will help in their investigation. Sukhraj-Hammerl last spoke to her husband on the night before his death on Skype. He told her he would be heading out with other journalists. We have just had no answers, we have had no investigation, says Sukhraj-Hammerl. Everyone has a right to know what happened to their loved one, to know what became of their body and what happened just before then. She is launching the campaign because she feels emotionally ready to work towards getting justice for her husband, and finally discover the truth behind his death. She says that for the past 10 years she has had to focus on raising her two sons, one of whom was eight weeks old when Hammerl left for Libya. One recent development in Libyan has given both Sukhraj-Hammerl and Gallagher hope that it could be possible to find Hammerls remains. Earlier in March the bodies of four Filipino oil workers who were killed in Libya in 2015 by Islamic State were located. Their bodies were found in a cemetery in Derna, after pressure from the Philippine government. What this shows is that it is not hopeless, says Gallagher. One person who welcomed the launch of the #JusticeforAnton Campaign is Hammerls friend and fellow photographer, Thys Dullaart. The two had first studied together, then worked together at Independent newspapers in the 1990s and early 2000s. In that time Hammerl worked at The Star, the Saturday Star and the Sunday Independent newspapers, before going freelance and moving to London. He was just this incredibly solid human being, with this unfailing enthusiasm for life, remembers Dullaart. He would always find these amazing stories. Those who knew him also remember his keen eye for fashion that made him the most stylish photographer on assignment. That was Anton, no matter what was happening he had this sense of style, that was kind of effortless. He was also an all-round good photographer, says another photographer and friend, John Hogg. But the journey to find the truth behind Hammerls killing and to bring his killers to book is likely to be hard. We are very much at the beginning and we dont know where we will end up. But we are really hopeful says Sukhraj-Hammerl. DM For more about Hammerl read the following on the CPJ website.