Cape Times

Imam Haron’s children tell inquest of their last moments with him

- NICOLA DANIELS nicola.daniels@inl.co.za NATION SIPHOKAZI VUSO siphokazi.vuso@inl.co.za CHEVON BOOYSEN chevon.booysen@inl.co.za MAYIBONGWE MAQHINA mayibongwe.maqhina@inl.co.za

THE conduct of the evidence leader in the Parliament­ary enquiry into suspended Public Protector Busisiwe Mkhwebane’s fitness to hold office has once again come under scrutiny – this time advocate Nazreen Bawa SC being accused of “perpetuati­ng a stereotype against black people”.

Bawa last week led evidence, publishing what she claimed was the public protector’s legal fees that were the subject of testimony. These fees included large amounts of money being paid mostly to black firms and legal representa­tives.

Addressing the committee yesterday, advocate Muzi Sikhakhane SC, who took issue with his name being flashed out during Bawa’s presentati­on, accused her

STELLENBOS­CH University (SU) students living in residences say they are prevented from reporting issues of discrimina­tion due to the fear of being treated differentl­y in their living environmen­ts.

This is according to evidence from staff members and student leaders contained in the Khampepe report.

The report by retired Constituti­onal Court Justice Sisi Khampepe was released this week following a request by the leadership of the university to probe alleged racism at the institutio­n in May.

A large part of the report found that black students and staff at the institutio­n still felt unwelcomed and excluded.

An SU employee who spoke to the Cape Times on the basis of anonymity said some residences had made strides in transforma­tion, but others have fallen behind.

“Overall and definitely a combinatio­n of structures are to blame for this, of being selective in highlighti­ng the fees of black advocates, while white advocates were paid the same amounts or more under the previous public protector, Thuli Madonsela.

He added “accountabi­lity for public funds could have been done without flighting our names without telling the public that money was funnelled”.

“We reject Ms Bawa’s intended theory to portray black profession­als as corrupt. We support the call for accountabi­lity because it’s public funds we are dealing with but we reject the notion of perpetuati­ng a stereotype against black people, to project that the figures that were put up were simply funnelled to us by advocate Mkwebane,” Sikhakhane said.

“The manner and supposed evidence of PPs’ expenditur­e on legal fees, consistent with the most common mischief, Ms management and students.

“All I can say, there have been efforts to improve the number of white and black students in the residences, but it can’t only stop at a numbers game.

“You need to drive in all the facets. Inclusivit­y is action not just numbers,” the employee said.

Justice Khampepe’s report read: “Another common issue that was raised by the witnesses is the fact that students do not fully understand the operations and obligation­s of the university; and tend to get frustrated when their needs are not met.

“These witnesses are under the impression that this may contribute to why many students do not trust the system, and why the formal channels that are in place to deal with discrimina­tion are underutili­sed…

“Students in residences fear reporting issues that they experience, either because of a stifling code of silence that is part of the residence culture, or simply for fear of being unpopular and treated differentl­y in their living environmen­ts.”

Bawa knowingly brandished our names and without any context to the public, read out alarming figures of monies we were supposed to have made, almost giving the impression we were looting our system.

“She knows that the counsel submit their fee notes to instructin­g attorneys for services actually rendered.”

Bawa conceded that some of the figures were incorrectl­y allocated and she apologised for this. However, she denied the racism allegation­s or the impression that evidence leaders may have tried to shield white advocates.

“There was no omission on the basis of race on the list. We have not been involved in an orchestrat­ion. We endeavoure­d to account to the committee. We did leave out some advocates that rendered services in the 2017/2018 period. For accusation­s of racism and

The DA has slated the Khampepe report, saying they would take it under court review.

On Wednesday, DA constituen­cy head in Stellenbos­ch, Dr Leon Schreiber, called on Het Jan Marais Fonds to defund SU if it didn’t reject the report’s recommenda­tions.

The trustees of the Het Jan Marais Fonds yesterday said they took note of the disclosure of the report, but have not yet studied the content.

“The trustees therefore have no comment at this stage,” they said.

ANC leader of the opposition, Cameron Dugmore, has called for an engagement on the recommenda­tions.

“Noting that the DA MP Schreiber called on university funders to withdraw their support given the comments in report about language and its potential to limit access to non-Afrikaans speakers.

“Therefore, we resolve to condemn the DA for once again resisting transforma­tion at Stellenbos­ch University and advocating language policies which limit rather than broaden access to the institutio­n,” said Dugmore. the sake of completene­ss, we included them. They rendered some legal services.

“Of the eight, seven are black practition­ers. So, to the extent that advocate (Dali) Mpofu (SC) accused us of targeting black practition­ers in the way the evidence was led, seven were black practition­ers. We have not been involved in an orchestrat­ion to come out with any sort of nefarious motive,” she said.

It was not the first time Bawa’s conduct came under the spotlight.

She recently refused, with the support of the majority of MPs on the committee, to recuse herself after UDM leader Bantu Holomisa and attorney Godrich Gardee, acting on behalf of the chairperso­n of Black People’s National Crisis Committee Chumani Maxwele, lodged complaints with committee chair, Qubudile Dyantyi, against her. Bawa maintained her innocence and

THERE wasn’t a dry eye in the Western Cape High Court yesterday as the children of late Imam Abdullah Haron took the stand, recollecti­ng memories of their slain father.

Day four of the reopened inquest into Haron’s death in detention saw Shamela Haron-Shamis, the eldest of the three siblings, take the stand. She told the court it was a day the family had anticipate­d.

“We waited for a long time to come to court. So far it’s been an ordeal for us but we are managing.

“My mom died three years ago and she didn’t get the closure she wanted while she was alive,” said Haron-Shamis.

She described the late Imam endearingl­y as someone who was “jovial, kind, a prankster and always approachab­le with a listening ear… he had no airs or denied the allegation­s against her.

In his letter, Holomisa said that it had come to the attention of the UDM that Bawa was implicated in legal proceeding­s that called her conduct into question. He did not divulge what the allegation­s were, other than referring Dyantyi to start reading a 400-odd page affidavit.

In a separate letter, Gardee said his client, activist Maxwele, was aware of proceeding­s in the Western Cape High Court where allegation­s were made against Bawa in June 2020, but were not substantiv­ely addressed by the Legal Practice Council and the Cape Bar Council.

He said the records relating to Bawa’s alleged misconduct were before the high court and had been resubmitte­d to both the Legal Practice Council and Cape Bar Council. graces about him”.

Haron-Shamis, who in her late teens moved to England to study, said the only time she recalled her dad being “angry” was when he received the document used to classify by race (dompas).

“We didn’t know much about his political activities. He never shared it with us but I do recall him being very angry the day he received this document. And he threw it in the drawer and I realised at that point, he was very upset about it,” said Haron-Shamis.

She told the court that she last saw her father alive in 1968, when he was about to go on pilgrimage in Mecca, but he “only stayed in England for a short while”.

She had learnt of her father’s detention after receiving a letter from him written on July 26, 1969. It was written on a cardboard biscuit box.

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THE tabling of the integrity committee’s report on Phala Phala is expected to top the agenda when the ANC national executive committee (NEC) convenes today until Sunday.

In July, Ramaphosa appeared before the integrity committee, which is chaired by George Mashamba, following reports that there was theft of millions of undeclared dollars concealed on his farm two years ago.

This week, ANC Veterans League convenor Snuki Zikalala told a broadcaste­r the report would be placed on the NEC’s agenda and they would be able to tell the meeting what the president said to the committee.

Yesterday, Mashamba could not be reached as both his cellphones were switched off.

The NEC meeting comes against the backdrop of a push in some quarters for Ramaphosa to come clean on what happened on his farm and suggestion­s of his possible stepping aside.

Former presidents Thabo Mbeki and Kgalema Motlanthe have, on record, spoken out about matters related to Phala Phala farm, with Mbeki warning the ANC last month to prepare for the political aftermath of the probe into the scandal.

Motlanthe had, in turn, said what had happened on the farm had given rise to all manner of speculatio­n and suspicion.

Tourism Minister and presidenti­al hopeful Lindiwe Sisulu fired the last salvo, saying that when there was an issue of that nature, the person who was affected, depending on the facts, would be asked to step aside.

“I am a member of the NEC. It has not been put on the agenda of the NEC,” she said when asked if she had ever raised the matter in

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