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Joburgs development and planning Dept files official complaint against former MMC

Joburgs development and planning Dept files official complaint against former MMC

The former Joburg MMC for Development and Planning, Thapelo Amad, was accused of breaching the code of conduct for a memorandum of understanding (MOU) he signed with the Soweto Construction Chamber in October last year.

Amad, however, contends that, as an MOU does not create binding and enforceable obligations, and as it was never followed by a memorandum of agreement, the project was never implemented. As such, he could not have breached the code.

A spokesperson for the department, Loyiso Tunce, said a complaint by the current MMC, Belinda Echeozonjoku, was sent in June to the office of the then Speaker, Vasco da Gama, as well as to the Integrity Commissioner.

Tunce said the implications of the agreement were that the Joburg Development Agency (JDA) would then be tied into an agreement “with a particular forum exclusively for areas in Soweto without following procurement processes”.

News24 has seen the letter of complaint, in which Echeozonjoku wrote that the document was a formal request for an investigation by the ethics committee into a breach of code of conduct by Amad.

She said that, in signing the MOU on behalf of the JDA, without the knowledge of the agency, and without the approval of the council, Amad had interfered in the work of the administration.

The MMC then listed the Standing Rules and Orders of Council for the intervention in administration, which is that a councillor may not, except as provided by law:

 
  • interfere in the management or administration of any department of the municipal council, unless mandated by council;
  • give or support to give any instruction to any employee of the council, except when authorised to do so;
  • obstruct or attempt to obstruct the implementation of any decision of the council or a committee by an employee of the council; or
  • encourage or participate in any conduct which would cause or contribute to maladministration in the council.

Tunce said the department was still awaiting a response regarding the complaint.

Amad said: “I have been aware of the false allegations that I contravened the code of conduct by signing the MOU with the chamber…The sponsors of these false allegations have until this day, failed to report it to the municipal council in line with the provisions of section 13 and 14 of the very code which I am alleged to have contravened.

Amad added:

Oc course, they would not because they know the signing of an MOU is not prohibited by the said code, and they are making these false allegation to taint my good name.

He said the development planning portfolio was at the centre of driving service delivery and economic investment in the city.

“And, as a consequence, this portfolio required of me, as its political head, to formally engage with leaders of business and captains of industry in all their formations.” 

A source within the multi-party government said a member of the Soweto Construction Chamber alerted Echeozonjoku to the MOU when she became the MMC.

“They asked what’s happening with the agreement and there were other stakeholders who were also enquiring,” said the source.

“[The department] had to go back to them and say the agreement was null and void, as it was only signed by him on behalf of the City and the department [as opposed to the mayor and others and him].”

The source said Echeozonjoku was concerned when she saw the document was “promising massive projects”.

Amad said he was preparing a submission to the Speaker, to request the matter be investigated by the council as provided for in section 13 and 14 of the code.

“I will be doing so as a formality because I doubt if the sponsors of these false allegations will come forward and point which provisions of the code I would have contravened.”

On 5 September, four days after Da Gama was booted as Speaker, Amad, a member of the Al Jama-ah party, led a media briefing by minority parties in the multi-party government to announce they would be voting in a motion of no confidence against the executive mayor, Mpho Phalatse, at the next council sitting next week.

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The Citizen: Women must be given cash to attend maintenance cases

The Citizen: Women must be given cash to attend maintenance cases

The current situation favours men, who are compensated for travel and accommodation when attending court, while the women are paying from their owns pockets.

The Al Jama-ah party in parliament is fighting for the rights of women to access a travel allowance when they attend maintenance cases in court.

In a Bill proposed by leader Ganief Hendricks and read in parliament yesterday, the party also proposed that parties to a maintenance matter should be able to opt for external mediation or arbitration if they like.

The need for mediation and or arbitration will be determined by a Magistrate’s Court. If it is to pass, it has to be voted in parliament. Should the vote succeed, Al Jama-ah would have concluded the Women’s Month by presenting a gift to the women by helping to boost their rights.

The Maintenance Amendment Bill as proposed is a progressive piece of legislation and one of several proposals in which the small party used parliament as a platform to enact progressive legislation in favour of the vulnerable.

“Al Jama-ah considers it a useful platform to bring about legal changes and for this very reason this route was pursued by Al Jama-ah leadership,” the party said in a statement.

Hendricks said efforts had to be made to cut the cost for the complainant. He said the current situation favoured men, who are compensated for travel and accommodation costs when attending court, while the women paid from their owns pockets and were not entitled to compensation.

Hendricks suggested that if mediation or arbitration is decided, it would be preferable if that happens before the matter was heard so that there was no cost for the woman complainant.

“All efforts to be made before to cut costs and avoid the financial burden,” Hendricks said. He hoped the Bill would be passed by parliamentarians as the matter affected all women across religious and cultural divides.

“But it’s difficult to say since those voting usually would happen in accordance with the decision and interpretation of their respective parties,” Hendricks said.

This is the first of three Al Jama-ah legislative proposals as the party used the opportunity to address issues that have been sidestepped by previous government administrations.

“While it is a pity the Private Members Bill only came to life since 2019, Al Jama-ah considers this process a useful platform to bring about legal changes and for this very reason this route was pursued by the Al Jama-ah leadership,” he said.

Restoring the dignity of Muslim women

Restoring the dignity of Muslim women

“Wathint’ abafazi, Wathint’ iMbokodo!” (You strike a woman, You strike a rock).

This strong warning was echoed by more than 20 000 women who marched on 9 August 1956 to the Union Buildings in Pretoria. It was a cry for the dignity of African women who were forced to carry the ‘dompass’ which regulated and controlled their lives – it was a discriminatory act to oppress black women.

The protest was supported by mothers, daughters, sisters, and friends who believed in justice for all who decided that such a despicable law must be dealt with against all odds. These women came together to bring about change and their actions outside the Union Buildings displayed a powerful act of unity. 

Today, many of the generations of these mothers, daughters, sisters and friends who were part of that powerful march, find themselves trapped in other forms of oppression and discrimination; the oppression of being trapped in gang-infested environments; Gender-Based Violence; unemployment, and poverty.

The continuous discrimination of Muslim women whose Nikah marriages are still not recognised by a government whom many of them sacrificed their lives or loved ones for a fully democratic and just society. Muslim women were part of this historic march and of the broader liberation struggle in South Africa. It is thus ironic that only sixty-six years later following several struggles for the recognition of the Nikah (Muslim Marriage) to restore the Muslims can finally celebrate the Constitutional Court Judgement’s ruling for the Nikah’s recognition. This will afford Muslim women their rights to claim inheritance, maintenance for children born from the marriage, and other matters which might occur during a marital dispute, and in a post-marriage context.  

While Member of Parliament Hon Ganief Hendricks who serves as an alternative Member on the Portfolio Committees on Justice and Home Affairs used the parliamentary platform by submitting a Private Members Bill (PMB) on Muslim Marriages, the Women’s Legal Centre gained socio-legal support through the Constitutional Court’s findings.

Both pathways have brought glimmers of hope to our democratic society’s Muslim women. Through their efforts, especially the WLC caused and coerced the Constitutional Court to weigh the issues carefully and act fairly to not only legally rectify the Muslim women’s rights but to basically return, reinstate, and restore their (lost) dignity.

For decades – if not centuries, their rights have been socially crushed and legally disregarded. It is very sad to observe that even the current South African democratic legal system, despite some positive changes, has snubbed and marginalised this segment of a changing society by dragging its feet using all sorts of legal arguments to defend their position in not having been socially and politically pro-active; because of their slow bureaucratic moves, South Africa’s Muslim women have not been viewed as equals; this is unlike other women in South Africa.

It is for this reason that WLC and AL Jama-ah made positive and timely interventions. One encourages the government to, in principle, publicly declare that Muslim marriages are forthwith recognised (using the Al Jama-ah’s Bill as its key minimalist legal document). As soon as this declaration is announced and publicised, it would relieve all Muslim women from the challenges they endured socially and legally.

Hon Hendricks submitted a second PMB on amendments to the Maintenance Act. The proposed amendments were made at a Women’s Day webinar two years ago when community activists and social workers pointed out several clauses of pointed out several clauses of discrepancies that disadvantaged women and children.

This year, National Women’s Day coincides with Muharram (Islamic New Year).  For this occasion, a luncheon will be hosted by Hon Hendricks in Zandvlei in Macassar, the birthplace of Islam in South Africa more than 350 years ago. Sheikh Yusuf al Macassari al Khalwati al Bantani, who is viewed as the founder of Islam in South Africa and acknowledged as the spiritual leader from Indonesia, was banished to the Cape’s Macassar by the Dutch colonialists.

At this luncheon, two great South African struggle icons will be honoured; this is for their role in the anti-apartheid struggle and post-apartheid South Africa. Tribute will be paid to the late Yasmine Jessie Duarte (the ANC’s deputy secretary general) and the great struggle poet, Mohammed Omaruddin Don Mattera; both passed on recently.

Duarte played a big role in assisting Hon Hendricks by opening the path for the ruling party to discuss, among others, the recognition of Muslim marriages. Mattera was not only an inspiration to Hon Hendricks and his generation but an inspirational figure for the youth through his poetry and other work. Duarte and Mattera fought for the freedoms that Muslim women enjoy today; more must, however, be done to restore their full dignity. In this regard, the actual approval of Al Jama-ah’s Muslim Marriages Bill (MMB) should, when formally registered, be considered a panacea in doing that. 

For more information visit www.aljama.co.za or send an email to [email protected]

Aljama-ah’s MP is the people’s voice in parliament.

Aljama-ah’s MP is the people’s voice in parliament.

 

The National Assembly is one of two Houses of Parliament, and it has four functions which are:

– Electing the President
– Passing laws/legislation.
– Ensuring the members of the executive carry out their work properly and efficiently.
– Providing a forum for representatives of the people can debate issues on a public platform

The year 2022 started with Parliament engulfed in flames, thus Members of Parliament could not access their offices. The Al Jama-ah offices which are on the fourth floor in the Old Assembly building, were badly affected as the roof collapsed on it. But Parliamentary work continues at all levels.

As from January 2022, Hon Ganief Hendricks participated amongst others, in the following debates for which he only receives 3 minutes speaking time on each debate held during mini plenary sessions:

Freedom DayPalestine
– International Women’s Day
– Human Rights Day
– Russia-Ukraine War
Vote of No Confidence in President Cyril Ramaphosa
– Members Statement on Eid-ul Fitr
– Motions Without Notice on Hajj Visas for Muslims
– Human Rights Day
– Child Protection Week
– Al Aqsa Week
– Ramadaan
– Muslims are Peaceful
– KwaZulu-Natal Floods
– Agriculture
– Land Reform and Rural Development
– Budget Votes on: The Presidency
– Water and SanitationHuman Settlements
– Health
– International Relations
Small Business Development
– Government Communication and Information System (GCIS) and Tourism.

Other forms of communicating the public’s questions and enquiries to the government are through written questions to the Presidency and Ministers; Oral questions and Supplementary questions.

Several Motions Without Notice have been submitted on prominent members of the community who have passed on; those celebrating milestone birthdays; sportspeople who have reached success or attained medals; career people who have achieved awards; community activists who achieved awards, etc.

Notice of Motions have also been submitted to bring pertinent issues forward for parliament to discuss.

 

AL JAMA-AH PARTY’S POSITION ON:

 The Public Travesty of Socio-Economic and Communal Justice in Zionist Israel, Oppressed South Africans, and India’s Right-Wing Hindu Government.

As the former oppressed communities of Apartheid in South Africa, we are very familiar with the bulldozing of our homes between the 1950s and 1970s. The Apartheid state pursued an inhumane state policy in Fietas, District Six, and several other areas around the country where scores of families were physically ousted out of their homes to live in the wastelands of our country; on top of that, their homes were razed to the ground. But this tragic event did not only take place in South Africa, it also continues in the Zionist.

State of Israel where its authorities do the same to Palestine’s indigenous communities. The callous Zionist state, however, demonstrated that they do not care at all about these communities; they used the state’s right to accomplish these inconsiderate policies without showing any feelings of remorse.

Now these acts are also applied in the Republic of India where the right-wing Hindu government has ignited anti-Muslim emotions by not only wiping off early South Asian Muslim history from the curricula but that evict Muslims from areas and bulldozing their familial/communal homes.

These governments have adopted ‘a don’t care a damn’ attitude using their shrewdly devised domestic policies to perpetuate inhumane practices despite the UN resolutions. Each of these states, without any justification in their sacred texts, have calculatingly employed these laws to maintain complete power over peoples whose rights they have usurped and taken away.

 

LEADER OF AL JAMA-AH ON A MISSION TO EMPOWER WOMEN AND YOUTH

The Leader of the AL JAMA-AH Party Hon. Ganief Hendricks is unstoppable in his mission to get women and young people to benefit from government programmes that will help them lift their families out of poverty. Hendricks is approaching cabinet Ministers in Parliament for their support to encourage the various departments to roll out socio-economic programmes to empower women and youth. He has secured “material grants” for struggling and unemployed seamstresses in Mitchells Plain from the Department of Social Development.

 

PROGRAMMES WHICH ARE ON THE RADAR AND ACHIEVED ARE:

– Dressmaking
– Turning open public spaces into food gardens
– Assisting unemployed people in Groutville in KwaZulu-Natal to grow peanuts along the Umvoti River so they can manufacture peanut butter
– Sponsored and supported several Youth Day events: a learners’ Career Expo in Umdoni, KwaZulu-Natal; Commemoration and Awareness Programme on 1976 uprisings – Paarl, feeding, sports tournaments in Bokmakierie and Hazendal (Western Cape); sports tournaments in Mtubatuba, KwaZulu-Natal and a Youth Rally in Bushbuckridge, Mpumalanga

The Al Jama-ah party calls on the South African government to look at strategies for the “Silencing of guns” by implementing a socio-economic response and to support the United Nations and African Union calls for the handing in of small guns and light weapons. The UN and AU declared “small arms enablers of armed violence, as well as a serious threat to peace, security, and stability.”

The bodies also called on people across the African continent to come together during September’s Africa Amnesty Month for the surrender and collection of illicit small arms. “If we want peace in Africa then there should be no guns on the streets. Should small guns not be handed in then we may have to deploy a standby force to encourage people to hand in their small guns and light weapons,” says Hon Ganief Hendricks Al Jama-ah Member of Parliament. Between January and March 2022, over 6 000 families mourned the death of a loved one.

“This means 68 people were killed daily, that is, three people every hour of during that 3-month period. Firearms are the most used weapons to commit these heinous crimes,” according to SAPS and mortuary surveillance systems. The high levels of unemployment, poverty and inequality are major contributors to crime in South Africa. Hendricks says during oversight visits to various Constituencies in several provinces unemployment and poverty were recorded in every area visited. “Lawmakers must listen to the unemployed masses of whom many have a skill to sustain themselves but need help with resources.

We must assist people towards sustainable employment opportunities so they can empower not only themselves, but also the village or town they are living in,” says Hendricks who serves on the Portfolio Committee on Small Business Development.

 

Creating Employment

As MP and responding to calls for help in the party’s Constituencies, Hendricks has identified and acted on assisting communities in three different provinces with creating employment such as:

– Reviving Cape Town as the Mecca of the Clothing Industry – In collaboration with the Department of Social Development, strategies are being put in place to provide free material to 200 unemployed women in Mitchells Plain who are skilled in dressmaking a chance to earn a living and sustain their business further.

– Fishing boat for Mpame Village in the Eastern Cape – Hendricks assisted a fishing Cooperative to receive a fishing boat that will enable them to catch fish and create more employment and sustainability.

– Growing peanuts to manufacture peanut butter in Groutville, KwaZulu-Natal – About five cooperatives of youths and unemployed adults have been established on National Youth Day. They will be taught how to grow peanuts and manufacture peanut butter to sell locally, nationally, and internationally.

South Africa is known to have one of the highest unemployment rates in the world and crime is a serious problem in the country. “We all want peace and a crime-free environment, but to acquire this we need to address the socio-economic conditions of people,” says Hendricks.

 

Two bills

The Party has submitted two Private Members Bills, Muslim Marriages, and the Maintenance Act. Islam has a rich history of more than 350 years in South Africa and Al Jama-ah is the first Muslim party represented in the South African Parliament. The Bills are proposing amendments that will protect women against Gender-Based Violence.

It is also Parliament’s first time to have reached an agreement with the Legal Department of Parliament on certification readiness of one Private Members Bill and another Private Members Bill on amending legislation to the Maintenance Act.

The two bills are:

  1. Interim Registration of Muslim Marriages Bill
  2. Maintenance Amendment Bill

 

Small business starter packs and skills training:

The Deputy Minister of Small Business Development came out to Mitchells Plain at the invitation of Hon. Ganief Hendricks to launch small business starter packs and skills training. At the invitation of Hon Ganief Hendricks, the Deputy President went on an oversight visit to District 6 to fast track the handing over of keys of 108 housing units to claimants. Hendricks also met with the Minister of Social Development to discuss provisions for a budget to fund projects for young people to take them out of poverty. On the radar at the request of Hon Hendricks, President Cyril Ramaphosa will visit and launch a fishing vessel in Mpame, a rural village near Umtata in the Eastern Cape.  

 

 

The Interim Registration of Muslim Marriages Bill: To be Recognized or Not to Be Recognized?

The Interim Registration of Muslim Marriages Bill: To be Recognized or Not to Be Recognized?

Two Cape-based bodies, namely Women’s Legal Centre (WLC) and Al Jama-ah, employed their resources to have Muslim marriages recognized since the question has lingered for decades: should it be, or should it not be recognized? Both made critical intercessions during the past five years. The WLC fought fiercely to effect constructive changes for these women and Al Jama-ah worked tirelessly since it gained a parliamentary seat during 2019; the latter used Parliament’s Private Members’ Bill (PMB) structure to accelerate this process as compared to WLC that pursued the legal avenues by taking government and others to the Constitutional Court.

 Even though the WLC preceded Al Jama-ah with its labours, the two ran more-or-less parallel to one another; and one may further argue that their respective efforts – despite employing dissimilar strategies – complemented one another in the circumstances. Before 2019, the WLC had a head start by taking the South African President and a few others to court with the purpose of securing the Muslim women’s rights. And it did so to protect their rights within the socio-legal environment where they suffered (for generations) discrimination.  

Al Jama-ah used its available resources prudently to not only quicken the process but to make sure that these women’s dignity was restored. It thus proposed an interim minimalist Muslim Marriage Bill (MMB) aka Nikah Bill with the idea of speeding up the procedure. The proposed MMB, which was developed, is currently in circulation for comments and it thus awaits parliamentary approval for formal recognition.

The separate socio-legal and political struggles of WLC and Al Jama-ah have brought glimmer of hope to the Muslim community; the WLC fortunately gained support because of the Constitutional Court’s findings. Both groups’ energies forced the government’s hand to act fairly. In the case of AJP, it used the resources to not only legally rectify the Muslim women’s rights but to basically restore their (lost) dignity.

 For decades – if not centuries, their rights have been disregarded and trampled upon. It is very sad to observe that even this current democratic legal system, despite some positive changes, has continued to snub and marginalize this segment of the society; because of that, they have not been and are not viewed as equals, like other women, in South Africa. It is for this reason that WLC and AJP made positive and timely interventions.  

Bearing these in mind and winding up this short article, one encourages the government to, in principle, publicly declare that Muslim marriages are forthwith recognized (using the Al Jama-ah  Bill as its document); it should be pro-active and not wait a minute longer to make that position known. As soon as this declaration is announced and publicized, it should identify a coterie of qualified legal and non-legal personnel that can assist in refining the proposed MMB by fashioning it in such a way that it complements the other Bills and legislation.

 

Al Jama-ah walkabout in Bokmakierie to address the concerns raised by the residents

Al Jama-ah walkabout in Bokmakierie to address the concerns raised by the residents

On Saturday the 9th of April Al Jama-ah did a walkabout  in Bokmakierie to address the concerns raised by the residents of the relevant area.

Leading the visit was President of Al Jama-ah and Member of Parliament Honourable Ganief Hendricks, National spokesperson and Cllr Shameemah Salie, MPL Galil Brinkhuis, Cllr Faried Achmat, Cllr Achmat Hendricks and they were later joined by MPL Khalid Sayed from the ANC.

Indeed the issues in BokmakIerie are similar to many other areas however Bokmakierie is too often forgotten.

Putting the area on map Al Jama-ah has drawn the attention to the area, the people and their needs and indeed we hope that this will create an awareness and willingness for those in charge to to assist in upgrading the area and the call of the residents of Bokmakierie.

We wish to thank the community for being welcoming and engaging.
 A special thank you to Hadja Sorayah Hendricks, Sitara and Aunty Kayna for opening their home to Al Jama-ah. Shukran as well to the ICare Childrens Foundation for their contributions and assistance it is truly appreciated.

We further wish to thank these selfless individuals for their years of assistance to the community.

If there is anyone who wish to add to concerns faced please feel free to contact Al Jama-ah

A report on our findings is already in process and will be elevated to the relevant stakeholders.

We will be keeping an oversight on the progress made to change the circumstances of the people of Bokmakierie and provide them with our support.

The areas often forgotten by the City we encourage you to please ensure public participation and feedback on the proposed budget increase by City before 2 May 2022. As sadly you are often not the beneficiaries of these increases requested.

Shukran Thank you once again for having us in the area yesterday.

List of issues raised thus far and what has been personally witnessed by Al Jama-ah
Poverty
Unemployment
Crime
Drug problems
Many elderly struggling
Need for youth motivation, skills, and upliftment
Safety of young children and activities to keep children off-road
Need for speed humps in area
Roads in a very poor condition
Urgent need for enclosure of and upgrade of parks
Litter of canal and in and around the area
Stronger fencing is required in certain sections where crimes is committed and used for escape routes
Cable theft and the need for placing these lines underground as the infrastructure is extremely old in the area and lines are accessible

We encourage all areas often ignored to please ensure public participation and feedback on the proposed budget increase by City before 2 May 2022