July 31 to August 6 2009

Let us give JSC a chance to execute its mandate

I wholeheartedly concur with the views expressed by Rapule Tabane in ‘More of a molehill than a mountain” (July 24). The current raging debate about Judge President John Hlophe’s suitability for the position of the chief justice should not have consumed public attention as much as it has done.

If there is anything this debate has so far unwittingly achieved, it has been to catapult Hlophe from relative obscurity to the national consciousness. He is now basking in the limelight. He has virtually become a pivot on which the debate about the judicial succession revolves. Meanwhile, other judges have been made to dwindle in significance.

Furthermore, this debate has become a dirty battle that reflects how desperate the belligerents are to either advance or block Hlophe’s bid. Surely there are other weighty social matters on which we should be expending our collective mental energy?

Let us give the Judicial Service Commission (JSC) the chance to execute its mandate. Both the JSC and the president carry the responsibility of appointing judges, the former making recommendations and the latter appointments. They should not lose sight of the fact that their decisions must benefit society in its entirety. — Dafita wa ha Muvhango, Lyttleton

The justice system has collapsed in many African states because politicians are in control of law-enforcing institutions. Robert Mugabe got away with the Matabeleland massacre in the 1980s and Zanu-PF has victimised Movement for Democratic Chance supporters, but no one has faced the law.

In Sudan the judiciary has lost its reason to exist. More than 800 000 people died in the 1994 genocide in Rwanda, but no one has faced the law. Only in Africa could this happen. The minister of justice in Kenya, Martha Karua, resigned from her position in March because of political interference in her job. African citizens need to fight for the restoration of judicial independence if we are serious about the future of our countries. — Hlulani Shivambu

I would like to add my two cents’ worth to the discussion about choosing Chief Justice Pius Langa’s successor when he leaves later this year. You reported that Judge Sandile Ngcobo could well succeed Langa (July 24). Obviously Deputy Chief Justice Dikgang Moseneke will be overlooked and the reason given is the remarks he allegedly made to the effect that it wasn’t what the ANC (or the 4 000 people at the ANC elective conference in Polokwane) wanted that mattered but what the people wanted.

I doubt if the passing over for promotion of Moseneke has anything to do with these remarks. Rather, it has everything to do with his political and ethnic affiliation. He is from the Pan-Africanist Congress and he is a Motswana.

In 1977 one of Africa’s foremost thinkers, Dr Cheikh Anta Diop, said that much of what officially passes for attempts at eradicating ‘tribalism” and promoting a national consciousness translates in reality into a monopoly on state power held by an ethno-cultural and social elite.

He said that when an ethnic group monopolises power to promote its particular interests it is working towards a retribalisation of Africa. This runs counter to the general progress of all Africans.

Justice Moseneke is more qualified and experienced than Judge Ngcobo and Moseneke is the current deputy chief justice. He has not been found wanting on transformation. Therefore he is the logical successor to the exiting chief justice.

The ANC shouldn’t manipulate the judiciary and make a mockery of the justice system. —Sam Ditshego, Kagiso.

Breastfeeding article was ill-informed

In the past 20 years a lot of information about the benefits of breastfeeding and the remarkable properties of breast milk has emerged (‘No breast for the wicked”, July 24). Health workers are increasingly inclined to promote breastfeeding and mothers are increasingly under pressure to do it. Although millions of mothers happily and successfully breastfeed their babies, it is a sad fact that many, especially in the industrialised world, struggle to breastfeed and feel guilty if they give up. Yet it is rarely the mother’s fault and, though she might feel sad, she shouldn’t feel guilty. The following factors lie behind most breastfeeding difficulties:

• The increased medicalisation of childbirth, including a caesarean section rate of more than 70% in many private hospitals, and/or extensive overuse of epidural anaesthesia and other analgesics.
• In some places poorly trained and often demotivated hospital staff are unable to offer the right kind of support so crucial for some mothers in the early days of breastfeeding.
• Widespread and insidious marketing of infant formula, bottles and teats, the very existence of which helps to perpetuate the idea that breastfeeding might be difficult and undermines women’s confidence in their ability to feed their babies. New mothers are often advised to have a tin of formula in the house ‘just in case” breastfeeding is difficult. Formula manufacturers also imply that formula is almost as good as breast milk.
• A culture that views breasts as primarily sexual objects, used for selling cars and newspapers, discourages many women from breastfeeding in public places, making them feel trapped at home and therefore disinclined to breastfeed.
• A culture that believes babies must quickly learn to sleep through the night and to sleep alone. This discourages co-sleeping, where a baby sleeps next to its mother and feeds on and off during the night with the mother barely waking up, which promotes both breastfeeding and a good night’s sleep — so plenty of ‘rest for the wicked”.
• A culture that demands that babies fit into rigid routines so that true demand feeding, even for a few weeks, is unacceptable to many mothers. Formula feeding may encourage some babies to sleep for longer during the day because formula isn’t digested as quickly or as easily as breast milk and so may be regarded as more convenient.
• Negative media coverage with articles such as ‘No breast for the wicked” (ridiculous title — who is wicked exactly?), which imply that we mustn’t overemphasise the benefits of breastfeeding to spare the feelings of those mothers who couldn’t or wouldn’t do it. Babies from relatively wealthy families, with rapid access to good healthcare, clean water and a guaranteed supply of milk, usually tolerate formula feeding, albeit with a much higher incidence of infections and allergies. The majority of babies in South Africa come from families without access to such luxuries and for them formula feeding can, and does, result in serious illness and death.

To ignore these factors and instead to suggest that those who promote breastfeeding are at the root of maternal guilt at breastfeeding failure suggests a lack of understanding that could have serious consequences for mothers and babies everywhere. — Liz Urwin, Pretoria

Mona was misrepresented

I am astonished by the misrepresentation in your article ‘Zuma’s spin doctor in bribery scandal” (July 10).

Your claim that Vusi Mona was present in a meeting at Ernest Khosa’s house where a bribe was solicited and that Mona put pressure on Moss Mashamaite to pay a bribe is one based on Mashamaite’s affidavit. The article seems to portray Mashamaite as a saint. Furthermore, it fails to take into account relevant court proceedings on this matter.

Had this been taken into account, you would have noted that the state’s own witness contradicted Mashamaite’s version that money paid to Khosa was a bribe and submitted evidence to that effect. Not only has the defence denied that the so-called meeting to solicit a bribe took place, but the defence also produced a logbook proving that no such meeting took place. Mashamaite was also presented with a letter he wrote to Mona confirming Mona was not the owner of Rainbow Kwanda at the time of the tender.

Court records also show that Mashamaite is actually a fugitive from the law who skipped bail and went to the United States after he was charged with fraud involving running a pyramid scheme 10 years ago. The state has been aware of this. The defence has asked the court that no witness should mention Mona’s name unless he is to be called by the state to corroborate the information in such a version.

The court has thus far accepted the defence’s application. Mona may feature prominently in Mashamaite’s affidavit, but not in the court proceedings.

The question is: why would you ignore other forms of evidence presented in court when such is available to you? African Eye News [co-authors of the article] have had a correspondent in court throughout the trial. —Gezani Maluleke, defence attorney, Khosa and Soko trial

Sentinel Mountain not for sale

Sentinel Mountain in Hout Bay belongs to the people of South Africa and not to a private business or person (‘Cloud over the Sentinel”, July 24). Our government should be the custodian of our natural resources. The auction of the Sentinel should be stopped.

I live at the foot of this beautiful mountain in the informal settlement. For years, as community leaders, we fought to get the informal area developed and for all privately owned mountain land in Hout Bay to be expropriated.

As an ANC member I welcome the position taken by the local branch of the party and the Hout Bay Imizamo Yethu Development Forum to associate themselves publicly with the Hangberg community and to support expropriation of the Sentinel.

The Democratic Alliance ward councillor, Marga Haywood, is invisible after the DA manipulated the Hangberg residents to vote for it in the April elections. White DA voters and the DA ward councillor were quick to support the march for the opening of Chapman’s Peak drive, but kept quiet on the Sentinel auction. The conclusion is that these voters benefited from apartheid expropriation when our people were forcefully removed from other parts of Hout Bay to a corner that became known as Hangberg.

No wonder the DA welcomed the withdrawal of the Expropriation Bill from the parliamentary process in 2008. The party wants us to believe that if the Bill had been approved the country would experience a massive drop in local and international investor confidence that would result in more poverty and joblessness. The same investors were responsible for the current world recession, but because of the ANC’s policies our people are not in situations similar to those in the developed world, where hundreds of thousands have lost their jobs.

It is good to hear that there is ministerial consent for expropriation. The ministers of environmental affairs, land reform, cooperative governance and public works should speed up this process for Hangberg and Hout Bay’s historically disadvantaged residents. — Timothy Jacobs, Hout Bay

Letter writers insult women

Two of last week’s letters (July 24) in response to Nikiwe Biki­tsha’s article ‘America’s first lady and ours” of the previous week are highly problematic. The male letter-writers are insulting and prescriptive about how women should behave and dress — something which is the sole prerogative of women.

The first letter, by Mosiko Tsehlane, although complimenting the minister on her dress sense, imposes on young women and girls the obligation to be humble and respectful; Tsehlane says they should follow in the footsteps of their mothers by being patient, hard-working and dignified, while exuding motherly love.

Although none of the values per se is offensive, it is the dogmatic nature of conformity to the standard of being ‘good women” in the service of men that characterises centuries of subordination of women.

The other letter by Miles Seward is even more offensive and demeaning. One wonders why the Mail & Guardian provided space for such relics of the past; the paper has always created the impression that it is not gender-insensitive. Intentionally or unintentionally, the writer demeans women through association and sexual stereotyping. In this case the minister’s fashion style is criticised by associating it with images conjured up by the oldest profession in the world. Why should women be subjected to such sexism? — Annette Lansink, University of Venda, Thohoyandou

Incineration is hot air

As one of the activists who opposed the Thermopower waste incinerator at the time, it comes as no surprise that the effects are now obvious (July 24). The entire process was one of smoke and mirrors, with their consultants spouting nonsense about how their process was better than incineration.

The production of toxic dioxins, furans and polychlorinated biphenyls forms an expected hazard.

South Africa is a signatory to the Stockholm Convention. We are obliged to reduce these emissions, but our leaders continue to allow these resource-, health- and job-destroying technologies, with more on the way given the gazetting of the thermal waste treatment policy last week.– Muna Lakhani, Earthlife Africa

In brief

We have a democratic Constitution not because the ANC fought for it and won but because the democracies of the world won the Cold War and gave the apartheid government notice to introduce a democratic dispensation. The ‘commentariat” of South Africa (Contretemps, July 24) should be measuring the success or failure with which the nationalist-communist movement that governs the country is transforming itself into a democratic movement. It should not be beguiled by the current ‘glasnost” holiday or forget the arms-deal revelations and the protection of the movement’s criminal cadres. — Oliver Price, Cape Town

There are inquiries into prices charged by supermarkets, banks, cellphone companies and the like, but what about the municipalities? They hike their prices yearly by as much as 41.5% (for electricity). At the height of a global recession too! Municipalities are the worst offenders. — Frank du Toit

I am too simple to do the maths but I bet you, Maya Fisher-French (July 24), that after six years of inflationary increases (and maybe tax on your interest) you would be able to buy only one car, not two, with your savings. (Now, is this a 100% error or only 50%?) — ‘Simon”

An incredible promise

The hype surrounding the anticipated changes in the African ICT landscape as a result of the launch of SEACOM undersea cable is being met with mixed reviews. The proponents of SEACOM are calling for patience: ”the promised cheaper internet is just around the corner” seems to be the prevailing message. On the other hand, those who had expected miraculous price cuts and immediate increase in speed seem to convey messages of disappointments.

The message of the SEACOM CEO at the launch of should perhaps be viewed as an address that attemptsto address the concerns and pessimism of the dispondents as well as the patience and optimism of the proponets. ”Today is a historic day for Africa and marks the dawn of a new era for communications between the continent and the rest of the world. Our tireless efforts of the past 24 months have come to fruition, and we are proud to be the first to provide affordable, high quality broadband capacity and experience to east African economies.

Turning the switch on creates a huge anticipation but ultimately, SEACOM will be judged on the changes that take place on the continent over the coming years,” said SEACOM CEO Brian Herlihy. Hence from the above quote, it can be interpreted that the anticipated changes are most likely to become clearly visible over the coming years and not as immediate as some anticipate. In the meantime SEACOM chairman, Nizar Juma continues to convey the incredibly optimistic promise.

”The SEACOM cable will change the lives of every man, woman and child in the countries connected by making previously unavailable technology accessible to everyone” says Mr. Juma. In the end, only time will tell if the SEACOM promise falls under the many empty promises categories common in the African landscape or weather the SEACOM promise becomes one of rare cases where promises made are actually fulfilled. —Tamara Khama, Mozambique