Open letter from Gaye Derby-Lewis to the S. African Communist Party and Mrs. L. Hani

In the matter between Clive Derby-Lewis and Minister of Justice and Correctional Services/Mrs. L. Hani/the SA Communist Party concerning Derby-Lewis’s application for prison release on medical grounds (Case No. 78689/2014), the Gauteng High Court ordered, inter alia, that the second and third respondents make a submission to the court no later than January 9, 2015.

Gaye Derby-Lewis
Gaye Derby-Lewis

Since the TRC hearings in the late nineties, the SA Communist Party, its officials, spokespersons and other sundry commentators such as Tokyo Sexwale, Bantu Holomisa and others have taken it upon themselves to issue regular statements about a so-called “wider conspiracy” and that Clive Derby-Lewis has not “told all” about the Hani assassination in 1993.

The Derby-Lewis family has regularly called upon the SACP to produce the proof of a ”wider conspiracy” and nothing has ever been forthcoming.

Now that Clive Derby-Lewis is terminally ill, the SACP and Mrs. Hani have inserted themselves into a medical-parole application and will make submissions to the court.

On 3 December, Mrs. Hani is reported as saying that Derby-Lewis “did not tell the truth” about her husband’s murder. How does she know this? Her lawyer explained that the crux of his client’s submission is that “this belief (of Derby-Lewis not telling the truth) comes from the trial, the TRC and subsequent proceedings that were brought by Derby-Lewis in seeking parole”. We would like to advise this lawyer that he speaks nonsense. The original trial judgment mentioned nothing about a wider conspiracy. Subsequently, three confidential investigations by none other than the ANC and the SACP (and another agency) came to our attention, and all came to the same conclusion – that there was no wider conspiracy.

The TRC was declared “not a court of law” by none other than its head Bishop Desmond Tutu. On the contrary, it was considered by many to be a biased political witch hunt.

There is no proof whatsoever that there was a wider conspiracy and that Derby-Lewis didn’t tell the truth. We wish to caution the second and third correspondents that if their submission contains assertions of wider conspiracies and no proof is provided, then they are guilty of defeating the ends of justice, and we will lay charges on that basis against them.

This is one time that this fairy story will be challenged in court.

Gaye Derby-Lewis

17 December 2014

Sexwale’s detention signals US terror watch list still active

Church Street bombing
Church Street bombing

A former black South African government Minister has been detained in New York apparently because his name is on a terrorism watch list.

Tokyo Sexwale became a member of the Black Consciousness Movement in the late 1960s and a local leader of the radical South African Students’ Movement. In the early 1970s, he joined the African National Congress’s armed wing to wage a terror campaign against white civilians.

Sexwale, a former Robben Island prisoner turned billionaire businessman, was stopped for questioning at John F. Kennedy airport for a second time while attempting to enter the United States on a recent business trip. He was also stopped for the same reason in 2002.

Sexwale has become a major player in the diamond industry, with his company reportedly being the third biggest after De Beers and JFPI Corporation. He was praised by no less a figure than Harry Oppenheimer, the patriarch of the Anglo-American and De Beers corporations, as having an understanding of the South African and international diamond mining industry that few can equal.

In the 1970s and 80s, the African National Congress (ANC) and various other groups were officially designated terrorist organisations as a result of waging a racial terror campaign against unarmed civilians, as well as women and children.

Other countries, including the U.S., followed suit. After the end of apartheid in 1994, certain names remained on the U.S. terrorism watch list. Even Nelson Mandela was only removed in 2008.

Ebrahim Rasool, the South Africa Ambassador to the U.S., was forced to intervene this week with the U.S. State Department to secure Sexwale’s release, according to a tweet by the South African public broadcaster SABC’s US correspondent, Sherwin Bryce-Pease.

Sexwale now intends to take legal again action through the American courts, the national broadcaster SABC reported. In 2002, when he was refused a visa to enter the United States, for the first time, it later transpired that he, along with many prominent South African anti-apartheid figures such as Nelson Mandela and South African cabinet minister Sidney Mufamadi, were still on the global terror list.

After initiating legal action, going so far as to having papers served on the U.S. Department of State and following personal intervention by Condoleezza Rice, Sexwale and the others received ten-year waivers from the Immigration and Naturalization Service and the Department of Homeland Security, as the US felt that permanently delisting them would mean changing the law, which would be a “lengthy process”.

In April 2008 the waiver was lifted and the ANC members along with the ANC were removed from the terrorist list in the USA. However it seems that Sexwale remains on the terror list.

Soweto-born Sexwale is one of the country’s richest men, although he is a sworn Marxist. In 1975 he went into self-imposed exile to the then Soviet Union and received military training there to launch a terror campaign in South Africa.

A year later, on his return to South Africa, he was arrested, charged with conspiracy to overthrow the government and sentenced to 18 years in prison. After his release in 1990 he pursued careers in both politics and business.

The Church Street bombing, a car bomb attack on 20 May 1983 by Umkhonto we Sizwe, the terror group, in Pretoria, killed 19 and wounded 217, and was one of the largest attacks against whites.

A further black mark against Sexwale is the appearance of his name in a United Nations report on illegal transactions under the Oil-for-Food Programme. Sexwale’s Group 5 has received criticism for their involvement with corrupt tender contracts in South Africa.

The ANC reacted angrily to Mr. Sexwale’s treatment by U.S. authorities. “If indeed it is true, we think it is totally unacceptable,” said Jackson Mthembu, the party’s national spokesman.

“We would have thought the Americans would have taken all credible struggle heroes off the list. This is very disappointing. It makes us very worried. If Tokyo can be arrested, who will not be?

In 2008 Condoleezza Rice, the then U.S. Secretary of State, described it as “embarrassing” that Nobel peace laureate Mandela remained on the terrorist watch list and needed special permission to visit the country.

Later that year Mandela was removed under a bill signed by President George Bush but it is unclear if this applied to other ANC leaders.

A former US diplomat said on Sunday: “During the apartheid era the ANC and other organisations ended up being listed as terrorist organisations and it was difficult to get them removed because of various senatorial pressures. I was not aware there were still people whose names are specifically listed on such an index.”

Clayson Monyela, spokesman for South Africa’s international relations department, said it had been told that a resolution is needed in the U.S. Congress to remove all the names.

South Africa to address ‘outdated ANC terror lists’

Scene of the Amanzimtoti bomb
Scene of the Amanzimtoti bomb planted by the ANC and SACP

The department of international relations would continue in its attempts to rectify the travel restrictions of former ANC urban terrorists in some international countries, it said on Monday.

“The SA government has repeatedly raised this matter with the US and will continue until this matter is sorted,” said international relations spokesman Clayson Monyela.

The New Age reported earlier that ANC stalwart Tokyo Sexwale had been briefly detained by immigration control at the John F Kennedy International Airport in New York.

His lawyer Leslie Makhabela said: “They alleged he posed a threat to international security.”

Sexwale and many other anti-apartheid terrorists had been on a list of people banned from entering several countries since the apartheid era.

They were not removed after the country gained democracy in 1994.

Sexwale had since returned to the country. – Sapa and PRAAG

Tokyo Sexwale arrested in New York as terrorist

Tokyo Sexwale
Tokyo Sexwale

Businessman Tokyo Sexwale will approach the US government after he was arrested in New York for being on a list of banned persons to that country.

The former Housing minister’s lawyer, Lesley Mkhabela says Sexwale was arrested at JF Kennedy Airport while on a business trip to New York.

Former ANC terrorists were banned from visiting America during apartheid. The ban has since been lifted but not all names have been removed from the list, said Mkhabela.

“He has instructed us to take the matter up with the authorities of the US so we will address the letter to the US embassy in South Africa,” said Sexwale lawyer.

He says that they will also send the copy to the state’s departments requiring clarification on the status of this issue and also assuring that this shall not happen again in the future. – SABC

S. African police block raid on Nelson Mandela Foundation

nelsonmandela_foundationSenior police management blocked a planned raid on charities associated with former president Nelson Mandela, the Mail & Guardian reported on Friday.

High level police officials were reportedly worried that a raid on the Nelson Mandela Foundation, the Nelson Mandela Children’s Fund, and the Nelson Mandela trust would cause embarrassment.

After this, a letter from police unit the Hawks was sent, including to some Mandela relatives, demanding financial statements.

Chief executive of the children’s fund Sibongile Mkhabela’s spokesman Oupa Ngwenya confirmed a letter was received.

“The account the Nelson Mandela Children’s Fund has with Nedbank is public knowledge and has been accounted in the financial statement for the year ended March 31, 2013 and is included as… [a note in] the annual report.”

Ngwenya and Danielle Melville, spokeswoman for the foundation’s chief executive, said the letters had been passed to Mandela’s lawyer Bally Chuene.

The letters reportedly related to charges of fraud, forgery and uttering laid against Mandela’s former attorney Ismail Ayob.

In July, a court application for the removal of George Bizos, Tokyo Sexwale, and Chuene as directors of Harmonieux Investment Holdings and Magnifique Investment Holdings was struck off the court roll.

The application was brought by Mandela’s daughters Makaziwe Mandela and Zenani Mandela-Dlamini.

Mandela is at home recovering after a lengthy stay in hospital.

Trust for Marikana victims

Kay Sexwale
Kay Sexwale

A trust is being set up for victims of strike-related violence in Marikana last year, a group calling itself Citizens4Marikana said on Tuesday.

“We are in the process of forming a trust for the benefit of the persons identified by the Farlam Commission [of Inquiry] as victims of the Marikana massacre, and their families,” it said in a statement.

“The aim of the trust will be to benefit the named beneficiaries in whatever way the trustees deem most appropriate… Right now that could be by providing finance for legal fees.”

In the long term, this could be used for education scholarships.

“Ultimately, how funds are spent will be determined by the trustees and we will be responsible only for raising those funds.”

The group was started on Twitter following comments about the August 16 shooting last year that left 44 people dead at Lonmin’s platinum mine in Marikana.

“Our mission is to ensure that the truth of the events at Marikana are revealed and that the victims, and their families, achieve justice,” it said.

“While we recognise the importance of the Farlam Commission, justice cannot be found… unless real recompense is made to the people most intimately affected.”

On June 21, Dali Mpofu, for the miners, told the commission that due to financial constraints, it could be his last day representing the miners. He brought an application in the High Court in Pretoria several weeks ago seeking funding, but this was dismissed. Mpofu then took the State to the Constitutional Court, asking that it pay for his legal team. The application was dismissed on Monday.

On its website, Citizens4Marikana state that Nkome Attorneys, based in Pretoria, were appointed to temporarily collect donations.

Citizens4Marikana is as a social media movement started by a group of people moved by the violence at Marikana. There was nothing political behind it, said representative Kay Sexwale, former radio presenter and niece of former human settlements minister Tokyo Sexwale.

“We are just outraged at the Marikana massacre and we feel that something has to be done,” she said.

“Nothing is cast in stone. We are not trying to steal anyone’s money. We are just collecting money for those families affected. It is about the 44 people who died in August last year.”

Citizens4Marikana was started by “random people” on social media network Twitter, including Sexwale, UN secretary general at the G8 and G20 Youth Summits in 2012 Erik De Ridder, photojournalist Greg Marinovich, and Nomboniso Gasa, who describes herself as a researcher, analyst, and public speaker. – Sapa

Mandela’s money: Case struck off the roll

The Mandelas are going to have to wait for the loot
The Mandelas are going to have to wait for the loot

A court application for the removal of trustees by former president Nelson Mandela‘s children has been struck off the roll, the law firm Norton Rose Fulbright said on Monday.

The ongoing battle revolves around the removal of George Bizos, Tokyo Sexwale, and Bally Chuene as directors of Harmonieux Investment Holdings and Magnifique Investment Holdings.

The application to remove them, brought by Makaziwe Mandela and Zenani Mandela-Dlamini, was removed from the roll for hearing this week by notice of removal, said Norton Rose Fulbright spokeswoman Candice Collins.

The firm, which represents Bizos, Sexwale, and Chuene, said that after Ismail Ayob withdrew as the attorney for the Mandela children, the court directed them to provide a new address for service by Friday and to file further affidavits by 30 August.

Also on Monday, Mandela’s grandson Nkosi Zwelivelile Mandela condemned the women’s action as a blatant attempt to disregard and undermine decisions Mandela made while he was “strong”.

“I consider the action by my relatives as a blatant abuse of the elderly.

“Why wait until the sponsor of a trust is not well to question decisions that he made [a] long time ago?” he asked.

He considered the court action nothing more than an attempt to “loot Nkosi Dalibhunga’s [Mandela] money that he has so carefully set out how it must benefit the family, and who must guide decisions relating to that”.

He believed all the people appointed by his grandfather were men of integrity, who had always had his grandfather’s confidence and support.

“All of us are mere beneficiaries and should be grateful that Nkosi Dalibhunga was kind enough to consider our needs through this trust and we should, therefore, avoid this type of actions that clearly infringe on his dignity,” he said. – Sapa

Mandela case might be struck off court roll

The South Gauteng High Court in Johannesburg
The South Gauteng High Court in Johannesburg

The legal battle between businessman Tokyo Sexwale, Bally Chuene and George Bizos, and the Mandela family might be further delayed or struck off the court roll, The New Age reported on Friday.

Michael Hart, representing Sexwale, Bizos and Chuene, will ask the court on Friday to request the Mandela family lawyers to file replying affidavits or to have the matter struck off the roll, the newspaper reported.

Zenani Mandela and Makaziwe Mandela, reportedly supported by 17 family members, filed an application at the High Court in Johannesburg to remove Bizos, Sexwale, and Chuene as directors in Harmonieux Investment Holdings and Magnifique Investment Holdings.

Former president Nelson Mandela entrusted the three with the two companies, but the family members argued that the appointment was improper.

The case hit another snag on Tuesday when Ismael Ayob withdrew as attorney for the Mandela family, the newspaper reported. – Sapa

Zuma axes 3 of his ministers

President Jacob Zuma
President Jacob Zuma

President Jacob Zuma axed three of his ministers in a Cabinet reshuffle on Tuesday.

Embattled Communication Minister Dina Pule, Human Settlements Minister Tokyo Sexwale and Co-operative Governance and Traditional Affairs Minister Richard Baloyi lost their jobs.

This is the fourth time Zuma has reshuffled his Cabinet since 2010.

Pule was replaced by Co-operative Governance Deputy Minister Yunus Carrim.

She has been embroiled in a battle with the Sunday Times about reports on allegations of corruption.

At a media briefing in April, she alleged that the Sunday Times was staging a smear and blackmail campaign against her.

In the newspaper’s reports, she was accused of giving tenders to a boyfriend, meddling in tender processes, and interfering in the appointment of officials to the boards of state-owned enterprises.

Zuma announced that Sexwale would be replaced by African National Congress MP Connie September.

Sexwale was said to be part of the ‘Forces of Change’ which resisted Zuma’s re-election as African National Congress president at the party’s elective conference in Mangaung last year.

Sexwale lost his bid for the position of ANC deputy president and his seat on the party’s national executive committee.

Baloyi, who has been an MP since 1999, was replaced by Co-operative Governance and Traditional Affairs Deputy Minister Lechesa Tsenoli.

Baloyi had been moved to co-operative governance from his position as public service and administration minister in Zuma’s 2011 reshuffle.

After just a year as transport minister, Ben Martins becomes the new energy minister, swapping porfolios with Dipuo Peters.

Zuma also announced the appointments of four new deputy ministers.

ANC MP John Jeffrey was appointed as deputy minister of justice, taking over from Andries Nel, who takes up the position of deputy minister of co-operative governance and traditional affairs.

Another ANC MP Michael Masutha was appointed deputy minister of science and technology, a position which was vacated last year with the appointment of Derek Hanekom as minister of science and technology.

Hanekom replaced Naledi Pandor, who was made home affairs minister, following the appointment of Nkosazana Dlamini-Zuma as African Union commission chairwoman.

MP Pamela Tshwete was appointed deputy minister of rural development, following Carrim’s appointment as communication minister.

Zuma said the new ministers and deputies would be sworn in on Wednesday. – Sapa

Sexwale wants to destroy white-majority suburbs voting for opposition

Tokyo Sexwale

The biggest problem facing the human settlements department is reversing the social engineering of the apartheid era, Human Settlements Minister Tokyo Sexwale said on Friday.

“The most important job as a strategic approach for human settlements is to deracialise this country,” Sexwale told The New Age breakfast.

“That is a tough one. We meet at places of work but we go back to different places.

“That apartheid engineering of society negatively resulted in divided communities. My single largest job… as minister, is to close that divide.”

Sexwale said building houses for people restored their human dignity and gave them opportunities to enter the capital and financial markets.

“When you have a house you play in the capital markets. When you leave this planet you can leave that to your children or whoever your successor is. You can use that fixed asset to exchange it for a loan.” Sexwale said people needed to live where they could work, study, worship, and play. – Sapa