Port Elizabeth attorney Pumla Silinga has been sentenced by the Specialised Commercials Crime Court in Port Elizabeth to 60 days behind bars for contempt of court.
The Hawks’ Commercial Crime wing had re-arrested her in Mthatha after a warrant of arrest was issued by the same court on May 30 after she failed to appear for sentencing in connection with a fraud and theft case.
Silinga, 46, was arrested on October 21 2013 after a woman bought a house in Zwide through an estate agent. Silinga was appointed as the attorney to do transfer duties but she failed to conduct the transfer once the client’s R95 000 had been deposited into her Trust Account and failed to pay back the money.
She was released on warning and was re-arrested on April 13 this year after she failed to re-appear in court. She was released on a second time and, again, failed to appear in court for sentencing on May 30 and another warrant of arrest was issued.
Sentencing in the fraud and theft case has been postponed to August 12.
Afro-pop legend Ringo Madlingozi is in Nelson Mandela Bay to perform hits at Nangoza Jebe Hall tomorrow night from his career spanning three decades.
Known as the king of African love songs, Madlingozi is set to have audiences up on their feet, dancing to hits such as Sondela, uDoli, Abantwana be Afrika and Ndiyagodola with infused jazz sounds.
Ringo who made isiXhosa love songs popular and cross the commercial market said did not have people who sounded like him to look up to and found himself listening to international artists to find inspiration.
“At the time, artists like Soul Brothers, Caiphus Semenya and Hugh Masekela were huge but were in exile so I found I was drawn more towards artists such as Peter Tosh and Bob Marley for inspiration,” Madlingozi said.
The Cape Town-born singer and storyteller who has dominated the South African music scene with his memorable Afro-pop melodies, has had a long and illustrious career which started in the dusty streets of Gugulethu, showing off his musical talent at the age of three to winning the Shell Road to Fame music competition in the ’80s.
With his much-loved Xhosa songs, it could be said that Madlingozi paved the way for Eastern Cape musicians such as Ntando and Nathi to have commercial success.
“I am honoured to be seen as a pioneer of Xhosa music even though there were others before me. Singing in our own language shows the world that we are proud of our culture and heritage and who better to tell our stories than us,” Madlingozi said.
The singer, who usually dons traditional isiXhosa outfits during his live performances took a break from the industry for six years and said during that time, he had been working with younger artists, assisting them with composing and producing music.
Supporting Madlingozi tomorrow will be local a cappella group Legato, who were winners of the SABC1 competition The Sing Off. The band from Kwamagxaki beat thousands of other competitors after a nationwide search to become the show’s first winners.
Also in the lineup, national act Lesedi Dipheko who goes by the stage name “Zuri” and Cookin n Steamin, with lead vocalist Kay Mosiane, who has graced stages alongside Hugh Masekela, Gloria Bosman and Thandiswa Mazwai.
Ringo added performing for the masses in PE was “like performing for a home crowd. They love me and I love them”.
The show starts at 7.30pm. Tickets on sale at Computicket from R160 to R220 per person.
For more information, contact Roslynn van Jaarsveld on 071-913-2340.
Gospel and the arts converge on Monday when Bay poet Lelethu “PoeticSoul” Mahambehlala partners with St John’s Methodist Church to present an “Out of The Box Experience” at the Feather Market Centre in Central.
The event which starts at 6pm will see Mahambehlala share the stage with artists including gospel singers Bulelani Koyo, Bethusile Mcinga, Dumi Mkokstad.
Umhlobo Wenene FM’s Mafa Bavuma and Gwiba Nkonki will be the MCs.
Mahambehlala said this show serves as a way to re-introduce people to the church in a creative way.
“The initial idea behind the event was that we wanted to bring the church to people through a different channel. The church would like to reclaim its position as a role player in social cohesion and moral regeneration and one of the ways in which to do that is through art,” she said.
Co-organiser and minister at St John’s, Reverend Luvuyo Sifo, said the show was conceptualised earlier this year.
“The idea began unfolding at the beginning of the year and we are hoping to have this event as an annual thing, where we bring gospel to people of the city but also use it as a platform for showcasing local talent.”
Sifo said audience members should expect to be revived and challenged in an overall night to remember.
Tickets are available at the door from R200, for single and R300 for double.
Alternatively call 078-848-4884 to book tickets.
Social media has been abuzz since yesterday, with people speaking about former Nelson Mandela Bay mayor’s notable absence from the Port Elizabeth results centre.
The Herald spotted him entering City Hall at about 11:40am on Friday.
Asked how he felt about the ANC’s poor showing in the municipal elections thus far, Jordaan said: “You don’t win before the match is over.”
With only one voting station to count and 99% of the votes tallied, the DA has been leading with 46.5%, followed by the ANC at 41% and the EFF at 5.1%.
ANC regional structures in Nelson Mandela Bay are digging in their heels and will stick to a decision to lodge a complaint regarding voting irregularities – despite the party’s chief whip in parliament, Jackson Mthembu, saying the complaint was being withdrawn.
The party’s regional task team coordinator, Bheza Ntshona, raised concerns about a “systematic attempt to manipulate the outcome of the votes” late on Thursday night
In an interview with 702 on Friday morning, Mthembu said the ANC was “magnanimous in victory” and would be the same in the face of defeat. He said the branches had been “consulted”‚ and a decision made to withdraw the complaint.
But Ntshona said on Friday morning the regional structure stood by its decision.
In a statement, the ANC highlighted “widespread irregularities… to such an to such an extent that it considers the election to no longer be free and fair, nor to reflect the will of the people of the metro”.
Some of these included:
• An unguarded tent at the back of the main IEC centre in Zwide where opened ballot boxes with thousands of marked ballot papers were found lying strewn around. Most of the ballot papers – the ANC claims – were marked ANC ballots;
• Presiding officers at stations showing deliberate bias allowing DA members to campaign inside voting stations; and
• DA members being directly involved in the administration of the election itself, with a person at one voting station scanning IDs wearing a DA shirt.
The ANC also raised concerns about voting conditions in township areas where strong rain and heavy wind caused tents to collapse. As a result, some of the voting stations were relocated.
“Many voters did not know of the location of the new stations. No extension of time for voting was given,” the statement said.
“These voting stations were all in poorer township areas which were traditional ANC strongholds and their non-functioning had a major deleterious impact on the voter turnout. A large number of voters left the queues or did not return to the relocated voting stations.”
IEC regional supervisor Crosby Bacela said he was not aware of a dispute by the ANC.
What happens now that all the ballots have been counted in the local government election? Here’s a legal perspective on some of the pressing questions:
How will seats be allocated in each municipality?
In an election for a metro council, or for a local council that has wards (which I will focus on), each voter has two votes – one for a ward candidate (who may be a member of a political party or an independent) and one for a political party list.
The candidate who obtains the most votes in that ward (even if this is not an absolute majority of votes cast) gets elected to the municipal council as a ward councillor. Ward councillors comprise 50% of the total number of seats in a municipal council with this system.
The list candidates comprise the other 50%, but the list seats are used to “top up” a party’s seats to ensure proportional representation for each party in a municipal council. The total number of votes cast for each political party in the ward election and the party list election are added together to determine the proportion of the council seats to be held by each political party in a municipality.
To ensure that each political party is proportionally represented in each municipal council, candidates from political party lists are allocated to council in proportion to the total percentage of the votes cast for that municipal council to ensure that the ward seats and the list seats – added together – represent the proportional vote that the political party obtained in the election.
The formula to determine the exact number of seats for each party is rather complicated, but to simplify somewhat, in the end each party will have more or less the proportion of seats in the municipal council equal to the percentage of the total votes cast for it (in the two ballots) in that municipal council election.
So, for example, if a party received a combined 60% of the total number of votes cast for its ward candidates and for its party list, it will end up with more or less 60% of the seats on the municipal council – even if the party won 80% of the ward seats in the elections.
What happens after the final election results are declared?
In terms of the Local Government Municipal Systems Act, a municipal council must meet within 14 days after the municipal council’s election (that is, the day the IEC declares the final results) and at this meeting the first order of business will be the election of a speaker from among its members.
The municipal manager or, if the municipal manager is not available, a person designated by the MEC for local government in the province, will preside over the election of a speaker. After the election of the speaker, he or she presides over other internal elections.
If no candidate receives a majority of the votes (which may occur if no party holds at least 50% of the seats in a municipal council), the candidate who receives the lowest number of votes must be eliminated and a further vote must be taken on the remaining candidates. This procedure must be repeated until a candidate receives an absolute majority of the votes.
A council by resolution may remove its speaker from office with the support of a simple majority of council members. This might occur if the balance of power in a council shifts because a coalition government collapses.
Municipalities can be organised in terms of an executive committee system in which each party is proportionally represented in the executive committee. However, few municipalities, if any, have opted for this system which in essence requires power-sharing.
Instead, most municipalities have opted for the executive mayor system. In this system, once the speaker is elected, the members of the council must elect an executive mayor in the same manner that it elected a speaker.
But what happens if no candidate for speaker or mayor obtains a majority of votes?
If the remaining two candidates who have received the most votes in previous rounds of election for speaker or for executive mayor receive the same number of votes, a further meeting must be held within seven days.
If at this next meeting the two candidates again receive the same number of votes, the person presiding at the meeting must determine by lot who of the two candidates will hold the office. This means that in a council split right down the middle, the group of parties who govern will ultimately be decided by the flip of a coin (or some such method).
What happens if no party obtains a majority of seats in a council?
If no party wins a majority of seats in a municipal council which has opted for an executive mayoral system, the largest political parties in the council will obviously attempt to form a formal coalition with other political parties or independent councillors to secure a governing majority. A party that has obtained the largest number of seats on a municipal council (but not an outright majority) does not have an automatic legal right to form the municipal government.
Any group of parties that can cobble together a coalition of 50% plus one can form a coalition government, regardless of whether the largest party in the coalition is the largest party in the council. Of course, the closer to 50% of the seats a party obtains in a municipal council, the easier it will be for that party to cobble together a coalition.
For example, if in a municipal council with an executive mayoral system, the ANC won 42% of seats, the EFF 13% of the seats, the DA 35% of the seats, and smaller parties and independent councillors 10% of the seats, the ANC and the EFF, the ANC and the DA or the ANC and smaller parties and independent councillors could form a coalition. The DA, the EFF and some or all of the smaller parties or independent councillors could also form a coalition.
Such a coalition will usually agree on who to support when voting for the speaker and the mayor (and the deputy mayor where a municipal council has been given permission to elect one). They will also agree beforehand on the composition of the mayoral committee.
Such a committee, appointed by the mayor, must consist of the deputy mayor (if any) and no more than nine other councillors in larger municipalities. (In smaller municipalities with fewer than 50 councillors, no more than 20% of the councillors may be appointed to the executive committee.)
A coalition will usually also agree on the broad policy objectives of the new municipal government. If a coalition is formed and then collapses because one or more of the parties withdraws from the coalition because it disagrees with the policies the municipal government pursues or with some actions of the mayor or mayoral committee, the speaker and mayor can be removed and a new coalition can be formed with the election of a new speaker and mayor by the council.
But what happens if no party wins a majority of seats in a council and no coalition is formed?
If no party wins an outright majority of seats on a council and no coalition is formed in an executive mayoral system, it may render the council extremely unstable.
This is so because the mayor and his or her mayoral committee will depend on the support of other parties who would be able to remove the mayor and mayoral committee (or could threaten to do so) whenever it disagrees with anything the mayor and his or her mayoral committee has decided.
As an executive mayor and a mayoral committee have extensive powers to run a municipality, it will usually be in the interest of smaller parties to form a coalition with one of the large parties, as this will give them more direct say in the governing of the municipality.
But if a coalition cannot be formed because parties cannot agree on it, a minority government can still be formed. Smaller parties will have to decide who to support when the election of the speaker and the mayor is held.
If no coalition is formed, it will at first be necessary to form a minority government because a municipal council may dissolve itself only after at least two years have passed since the council was last elected and only when two-thirds of council members support a motion to that effect.
What happens if a coalition collapses or if smaller parties withdraw their tentative support for the speaker or mayor?
When this happens the speaker and the mayor can be removed from office by a simple majority vote by councillors. A new coalition can then be negotiated, and a new speaker and mayor elected.
Or if this does not happen, minority parties may support the election of a new speaker and mayor without forming an official coalition with any of the larger political parties, in which case a new minority government will be formed.
One observer on social media summed it up in five words yesterday: “Great Kei started all this.” Quite possibly, it did. For it was from a voting district in this small and rural Wild Coast municipality on Wednesday night that the first results in the 2016 local government elections were declared, in favour of the DA with 10 whole votes.
It prompted some in half-jest to question whether the outcome would prove broadly prophetic. In Nelson Mandela Bay, it did.
The country’s most contested metro was gifted to the opposition last night after a stunning reversal of fortune for the ANC, which suffered one bloody nose after another in polls across the country’s urban centres.
The deployment of football supremo Danny Jordaan to the mayoral hot seat promised much, yet fell well short in the end. Quite simply, voters saw the ruse.
The DA’s Athol Trollip, who launched his mayoral bid last year, was unremitting in his message. He plugged away at the anti-corruption trope and promised “change”, which apparently blew in with the gales on voting day. It happened elsewhere, too. On the urban battlefields of Gauteng, KwaZulu-Natal and the Western Cape – particularly in the metros – the DA now either owns outright bragging rights or has made a serious assault on the ANC’s once inviolable turf to the extent that last night several opposition coalitions were suddenly shaping up as the evening wore on.
Trollip’s feat is astonishing given the swing involved: in 2011, his party gained 40.1% of the vote to the ANC’s 51.91%. This time it was a near switch: the ANC plunged to 40.99% while Trollip almost secured the magical halfway mark with 46.65% of the vote.
Like the metros in Gauteng, it puts a coalition government on the table, which comes with its own set of problems.
The horse-trading will play out in the coming days, no doubt. In the meantime, the DA can celebrate a truly historic achievement.
As for the ANC, its left with one inescapable truth. Our political landscape has forever shifted, not only in Nelson Mandela Bay, but far north and south of the mighty Great Kei.
It is obvious that the ANC has lost its way. If Jacob Zuma isn’t being nasty and telling lies, then the ANC is sending out ridiculous and false SMSes about the DA. Is this what the ANC’s campaign came to? Racial talk and lies?
I am now more convinced than ever that the DA’s plan to bring change to the Bay is hurting the ANC. No political party is perfect, but I think the DA does a good job where it governs.
The services are better. The unemployment is less.
I’m done with the ANC. It has changed.
Jacob Zuma’s leadership
Jacob Zuma has spoken with disdain about clever blacks. Not surprisingly, as what he meant was educated blacks.
Zuma has proved that he is clever politically, especially since the Guptas began to loom large, but more in the sense of a survivalist padrone. He has driven the ANC into such a corner that literally no-one in its leadership now dares to stand up to him.
And a sorry sight he is, incapable of giving even the final pep talk, the culmination of an election campaign estimated to have cost a billion rands, to a packed Ellis Park and several smaller venues filled by a fleet of hundreds of buses, without reading from a text in his best English, which is ploddingly dull. Here, ANC faithful, is thy leader.
Where are the clever blacks that Zuma so disparagingly refers to? Of course you will find them all over the country, even in rural villages, but by far the greater concentration will be found in bigger urban centres, which are the country’s development hubs.
They are its burgeoning middle class. Skim from its troubled surface the fat tenderpreneurs and you are left with: civil servants, among whom, in spite of BEE, there are numerous dedicated competent officials; true hard-working entrepreneurs making a success of their lives and finally ordinary folk holding down honest jobs.
This is where a large slice of educated ruling party support is to be found. All of these, at whatever level, are seeing their standard of living slip away in a scaringly stagnant economy.
Ah yes, very worrying, the leaders say, but inevitable in a stagnating world economy. Inevitable? Nelson Mandela did not think so – and told us why.
He pointed out that this was a potentially rich country, with all the ingredients for being self-sustaining. It was indeed so in 1994 and, in spite of the depredations of the past 22 years, is still so today.
The election in that year voted overwhelmingly for the reconstruction and development policy (RDP). In a nutshell, the RDP did a due diligence exercise of all the country’s rich resources: mineral, developmental, infrastructural, abundant supply of food, raw materials for its manufacturing, power (25% safety margin) and finally a rich and highly diverse human resource, ranging from totally underdeveloped rural to urban-based, highly skilled and experienced – all the ingredients for high level production with a large labour force plus a huge and developing internal market.
To put this into effect required all the skills and experience that could be mustered, that was then predominantly white. Mandela’s job was to dismantle the criminally distorting apartheid ideology through a steady, incremental process of socio-economic rebuilding.
But Madiba, the visionary, was by then 76 with waning powers. He needed someone to put his ideas into practice and chose highly qualified top trade union leader and skillful Codesa negotiator Cyril Ramaphosa as deputy.
However, there were the tens of thousands of exiles, returned from the bush war, claiming sole victory and rapid rewards. Not for them years to rebuild their lives and they wanted Thabo Mbeki. Fatefully, they prevailed.
Mbeki immediately established the cult of the individual (him). He scuppered the RDP, bringing the country right back to the apartheid macro-economics with Gear, increasingly showed his denialism, infamously of Aids but also of increasing electricity production to power planned domestic and industrial expansion, the requirements for a quality civil service, education, health and so much more.
He rekindled racially-based discourse. Logically, precipitous decline in economic activity and employment soon followed.
First service delivery protests were widely seen in 2001. By 2008 the ground was so firmly prepared that Jacob Zuma’s putsch was a push-over.
Many ANC supporters, in spite of deep-seated loyalty, feel uneasy about the state in which the once-glorious liberation movement finds itself today, but see no way other than continuing to vote for it. Nationally it is now invincible as its faithful still form an overwhelming majority.
Then there’s the young man who only two years ago was given the reins of the official opposition.
A political lightweight by all accounts, but there, in confident, increasingly ringing tones without written text or teleprompter, fluently invokes the policies of Mandela, having deftly wrestled it away from a floundering ANC that was claiming a monopoly over this world icon.
Mmusi Maimane’s party is seriously challenging three major ANC metros and the balance of the vote was hard to predict at the time of writing. Looking objectively at the Western Cape and its metro, one cannot deny that comparatively in many ways it has done very well.
The ANC maintained control of almost all the local municipalities in the Eastern Cape, losing only the Kouga local municipality to the DA.
In the Makana municipality, in Grahamstown, the ANC received 61.84% of the vote, with the DA trailing at 29.78%.
The ANC kept hold of the Sundays River Valley municipality, which includes Kirkwood and Addo, with a majority of 71.36%.
It won Camdeboo municipality, which incorporates Graaff-Reinet, Aberdeen and Nieu-Bethesda with 51.05%, the DA nipping at its heels with 46.59%.
It retained the Inxuba Yethemba local municipality, which includes Cradock and Middelburg, with 58.4% of the vote.
It retained the Kou-Kamma local municipality, which includes Kareedouw and Joubertina, with a mere 50.87% of the vote.
The ANC maintained the Umzimvubu municipality which includes Mount Ayliff and Mount Frere, with 77.15%, and the Blue Crane Route municipality with 60.43%.
The ANC won Matatiele municipality, bordering Lesotho and KwaZuluNatal and incorporating Matatiele, Cedarville and Maluti, with 73.56% of the vote.
The DA won the Kouga local municipality with more than 57% of the vote.
The ANC received 40.1% of the vote and the EFF obtained 0.87%.
In 2011, the ANC narrowly won the municipality with just over 50% of the vote.
The municipality – which includes Jeffreys Bay‚ Humansdorp‚ Oyster Bay and Cape St Francis – borders Nelson Mandela Bay.
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