In September 2015 BLF compiled it’s “preliminary report on apartheid era corruption and other economic crimes” which examines the extent of apartheid era corruption and white capital’s role in it. It further suggests who stole the money, where the money is and indicates a course of action going forward. In terms of the above BLF report a total of R563 billion was stolen by white capital of which R26 billion was recoverable immediately.
To this end, BLF has conducted the following direct actions and other interventions against white corruption towards the recovery of, amongst others, the R26 billion that was stolen from the South African Reserve Bank (SARB) by various white capitalist business persons and other entities, including ABSA:
29 September 2015: BLF called on the President to officially release the Ciex report
In 1997 CIEX Limited (CIEX), a UK based investigations company, was commissioned by the South African government to investigate apartheid era crime and corruption. Ciex subsequently produced a report which suggested that billions were stolen by white capital of which R26 billion is recoverable immediately. This report has not been released by the government.
Thabo Mbeki was Deputy President of SA from 1994 to 1999, and; President from 1999 to 2008. He did nothing during his respective tenures to prosecute the wrongdoers and facilitate the recovery of the monies stolen after the CIEX findings were reported to him (while he was Deputy President) and certain cabinet ministers (including the then Finance Minister Trevor Manuel and former Labour Minister Tito Mboweni) on 29 November 1997 and on 8 January 1998.
30 September 2015: Protest at Office of Public Protector on the delay of finalizing her report on R26 billion stolen from SARB
BLF engaged in a sit in at the Office of the Public Protector (PP) demanding that she finalizes her report regarding the stolen R26 billion by white capital from the SARB. The PP had in August 2011 indicated that she would conduct investigations into and report on some of CIEX’s claims including the said R26 billion stolen by white capital.
1 October 2015: Protest at keynote address of the Public Protector on the delay of finalizing her report on R26 billion stolen from SARB
BLF engaged in protest action on 1 October 2015 in terms of which it intervened in the keynote address of the PP, Thuli Madonsela, at the Desmond Tutu lecture at the University of Western Cape (UWC) and demanded that she finalize her report regarding the stolen R26 billion.
30 March 2016: Complaints lodged with the Public Protector on the delay of finalizing her reports on R26 billion stolen from SARB and state capture
BLF lodged a complaint with the former Public Protector (PP), Thuli Madonsela, regarding R26 billion stolen by apartheid era white capitalists as indicated in the Ciex report. To this end the R26 billion is constituted as follow: R3.2bn from Absa; R3bn to R6bn from Sanlam and Rembrandt, R5.5bn from Aerospatiale/Daimler-Chrysler; and R14.4 billion from ARMSCOR.
18 July 2016: Protest at Office of Public Protector on the delay of finalizing her reports on R26 billion stolen from SARB and state capture
BLF engaged in protest action on 18 July 2016 at the former PP’s office that resulted in 26 BLF members being arrested and subsequently imprisoned for 8 days on trumped up charges of public violence, trespassing, kidnapping and intimidation. These bogus criminal charges against the #BLF26 – which is evidently linked to the agenda of the regime change plotters (which was hatched in London by the likes of Lord Robin Renwick and led in SA by Johann Rupert) to remove President Zuma who is pushing the anti-imperialist pro-BRICS agenda and replace him with a puppet of their choice being Cyril Ramaphosa who is linked to the pro-London agenda – had been intensifying to a vicious level of desperation. When in April 2016, BLF exposed the regime change agenda as aforesaid which involves the support of pro-London compradoreal elements leading South African opposition parties and a pro-London faction within the ANC, and when in September 2015 BLF exposed those white capitalists benefiting from apartheid era corruption and other crimes it, in the same breath, called on the Public Protector to do the following:
1. investigate and report on the claim of R26billion stolen by white capitalists which has been on her desk for the past five years. It was pointed out to her that the amount of R26billion is recoverable immediately and constitutes a small portion of the stolen R563billion as indicated in the CIEX report.
2. investigate and report on the capture of the South African State by white capital.
After the arrest of the #BLF26 and their detention in prison the former Public Protector claimed that she could not investigate any apartheid era or any other pre-1994 crime as that is beyond her official jurisdiction. The Public Protector was obviously lying and to this end fabricated evidence to protect white interests. She is already on record for providing updates of the said investigation to Adv Hoffman. She has also committed herself in October 2016 to finalize her report by the end of 2016.
The reasons given previously by the former Public Protector for not proceeding with the investigations were successfully rebutted by BLF as follows:
1. The PP announced on twitter that her investigation was “derailed” yet she had not mentioned who exactly had “derailed” the investigation and in this regard what consequences did those committing the crime of derailment face.
2. The PP indicated that her office was experiencing resource constraints that prevented her from finalizing her investigation. The PP was reminded in this respect that when the complaint first came to her office she had indicated her decision not to take on the matter due to resource requirements she thought may be of necessity. However, she subsequently decided that the issue of financial constraints would not be an hindrance to her conducting her investigations and finalizing her report. She arrived at this decision after considering the available evidence and the necessity of the investigation.
3. The PP cited challenges her office has experienced but in this regard she had not since first getting the matter, over 5 years ago, indicated what these challenges were. Moreover the PP has arrogantly insisted that the complainant is Advocate Hoffman who she has been informing of developments. BLF pointed out that it has a clear and direct interest in the return of the stolen R26billion as it acts in the interests of the unemployed and poor black youth. This is evidently not Hoffman’s interest
4. The PP had furthermore indicated that the investigation is complicated. We indicated that this claim does not hold as, at that point, two state commissioned credible investigations (Heath and CIEX) which has already done the work for her, have preceded the claim landing on her desk. Most of the perpetrators of white apartheid era corruption and other crimes in this respect are still alive and can still be brought to book for their wrongdoings.
The lies aggressively sold by the former Public Protector, Advocate Thuli Madonsela, were exposed by BLF! She was urged by BLF to stop with her lies and unprofessional conduct against the movement. Furthermore she was asked to simply do her work and serve the interests of the PUBLIC and not that of white capitalists. Advocate Madonsela eventually vacated the Office of the Public Protector in October 2016 without meaningfully finalizing the report regarding the stolen R26 billion.
6 October 2016: March to Office of the Public Protector on the delay of finalizing her reports on R26 billion stolen from SARB and state capture
BLF led a march to the former PP’s office on 6 October 2016 comprising of over 400 protesters. On this occasion the PP refused to meet BLF outside her office to receive a memorandum relating to her delaying in finalizing the above reports.
6 to 7 October 2016: Overnight 24 hour picket at Office of the Public Protector on the delay of finalizing her reports on R26 billion stolen from SARB and state capture
BLF engaged in a overnight picket (from 6 to 7 October 2016) at the former PP’s office relating to her delaying in finalizing the above reports.
10 to14 October 2016: Overnight 24 hour picket at Office of Office of the Public Protector on the delay in finalizing her reports on the R26 billion stolen from SARB and state capture
BLF engaged in continuous 24 hour pickets at the former PP’s office over the period 10 to 14 October 2016 regarding the sub headnote above.
14 October 2016: March to Office of Public Protector on the delay in finalizing her reports on R26 billion stolen from SARB and state capture
BLF led a march to the former PP’s office on 14 October 2016 again comprising of over 400 protesters. On this occasion the PP refused to meet BLF outside her office to receive its memorandum relating to her dereliction of duties concerning the above reports in that she continued to delay in finalizing the said reports.
16 November 2016: BLF opened case against Johann Rupert &.18 others
On 16 November 2016 BLF opened a case with the South African Police Services (SAPS) against ABSA, Johann Rupert and 15 others who were involved in the theft of R26 billion from SARB as suggested in CIEX and or the Heath investigation. BLF has also requested that the case be looked into by the HAWKS. To this end BLF has instituted the following proceedings against the perpetrators:
– Criminal charges including that of fraud, embezzlement, corruption, offences relating to insider trading and breaching the Company’s Act;
– Criminal or Civil Court order for a declaration of unfitness regarding some of the perpetrators to serve as Director or Manager of any banking or financial institution
– Recovery of money to the extent that the perpetrators had benefited from the illegal lifeboat subventions; and
– Reparations arising from the commission of criminal anti people offences by the perpetrators (that of fraud, embezzlement, corruption, breach of the Company’s Act and offences relating to insider trading).
The following is a list of the perpetrators implicated in the theft of the R26 billion from SARB:
2. SANLAM AND REMBRANDT
5. Minister of Finance, Barend Du Plessis, (who was in office as Minister of Finance from 1984–1992).
6. Attie Du Plessis.
7. Christian Lodewyk Stals (SARB Governor from 8 August 1989 to 7 August 1999)
8. Marinus Daling (Deputy Chair of Sanlam Limited from 1993 and later from 1997 Chair of Sanlam Limited).
9. Danie Cronje (Deputy Chief Executive and Group Chief Executive of ABSA from 1987 to 1997).
10. Anton Rupert (founder and owner of Rembrandt).Anton Rupert passed away on 18 January 2006. Legal recourse must be sought against his estate, alternatively the beneficiaries of his estate.
11. Johan Rupert (Vice Chair of Rembrandt Group from 1989 to 2000.
12. James Havelock Cross (Deputy Governor of SARB from 1997 to 1999 and Senior Deputy Governor since 1999).
13. Thabo Mbeki (Deputy President of RSA from 1994 to 1999, and; President from1999 to 2008).
14. Dullah Omar (Minister of Justice from 10 May 1994 to 14 June 1999. Died on 13 March 2004)
15. Trevor Manuel (Minister of Finance from 4 April 1996 to 10 May 2009)
16. Alexander Erwin (Minister of Trade and Industry from 1996 to 2004)
17. Tito Mboweni (Minister of Labour from 1994 to 1998)
28 January 2017: Blacks in Dialogue held on “why must ABSA pay back the money”.
On the evening of 28 January 2017 BLF held a public dialogue (Blacks in Dialogue (BID)) on “why must ABSA pay back the money”.
28 June 2017: Picket at over 20 ABSA outlets
On 19 June 2017 the Public Protector Advocate, Busisiwe Mkhwabane, in her “Report on an investigation into allegations of maladministration, corruption, misappropriation of public funds and failure by the South African Government to implement the CIEX report and to recover public funds from ABSA Bank”, made inter alia the following findings:
“ 6.2 Whether the South African Government and the South African Reserve Bank improperly failed to recover from Bankorp Limited/ABSA Bank an amount of R3.2 billion, cited in the CIEX report, owed as a result of an illegal gift given to Bankorp Limited/ABSA between 1986 and 1995:
6.2.1 The allegation whether the South African Government and the South African Reserve Bank improperly failed to recover from Bankorp Limited/ABSA Bank an amount of R3.2 billion, cited in the CIEX report, owed as a result of an illegal gift given to Bankorp Limited/ABSA between 1986 and 1995, is substantiated;
6.2.2 The correct amount of the illegal gift granted to Bankorp Limited/ABSA Bank is the amount of R1.125 billion”.
Following the final finding of the PP that #ABSAmustpay R1.125 billion, on 28 June 2017 BLF successfully conducted a series of picket actions at various ABSA outlets in Gauteng to get ABSA to pay back the money. To this end ABSA was warned to pay back the money within 5 days, failing which BLF will organise society towards shutting down ABSA nationally. The following is a list of ABSA outlets that were picketed:
Ghandi Square – 120 Fox Street, Joburg
Rosebank ABSA, 27 Tyrwhitt Avenue, Rosebank
Maponya Mall –Old Potch Road, Klipspruit
Eastgate Shopping Centre, Shop L34A Ground floor, Bradford Road, Bedfordview
Sandton City, 5th floor Banking Hall, Sandton
Absa Midrand – Corner Alexandra and Old Pretoria Road
Mooi and Main street – 45 Mooi street, Joburg
Randfontein, Village Square Centre, Shop 45
Tambotie Mall, Randfontein
Westonaria Mall, 3 Pakeman Street, Westonoria
Key West Shopping Centre, Shop 80, Krugersdorp
Midvaal Absa Absa Building, Voortrekker Street, Vereeniging
Silvereton ABSA – 569 Pretoria Street, Tshwane Pretorius and Van der Walt – 230 Van der Walt Street, Tshwane.
29 June 2017: BLF receives letter of demand from ABSA’s lawyers and ABSA approaches High Court for interdict against BLF
On 29 June 2017, following the protest action by BLF at 20 ABSA branches on 28 June 2017, ABSA’s lawyers Webber Wenzel sent BLF a letter demanding the following urgent undertakings regarding future protest action by BLF at or near ABSA branches:
“9.1 all gatherings and demonstrations will be lawful and conducted in accordance with the provisions of the Regulation of Gatherings Act 205 of 1993 (“the Act”);
9.2 no threats to and/or intimidation of our client’s staff members and/or members of the public will occur during BLF protests;
9.3 BLF protestors and/or BLF members will not enter the premises of any ABSA branches for any purpose other than the carrying out of banking activities carried out therein. Our client reserves the right to admit only customers to branches and other premises;
9.4 BLF protestors will not damage any public or private property at or near the premises of ABSA branches; and/or
9.5 BLF protestors will not impede or otherwise block or prevent entrances or other access to ABSA branches”
BLF was asked to make the above undertaking by 12h00 pm on Friday, 30 June 2017 failing which further action will be taken against us. BLF did not respond to the above letter.
4 July 2017: BLF receives letter from ABSA’s lawyers indicating interdict will be sought
On 4 July 2017 Webber Wenzel wrote to BLF and indicated that we did not provide the undertaking as demanded from us, but had “threatened a national shutdown of our client on Thursday 6 July 2017”. They will in the circumstances be approaching the High Court of South Africa, Gauteng Division, Johannesburg for urgent relief in the following terms:
“3.1 dispensing with the forms and service provided for in the rules of the above Court and disposing of our client’s application as urgent;
3.2 interdicting the BLF and its members from engaging in protest action which is not conducted in accordance with the provisions of the Regulation of Gatherings Act 205 of 1993;
3.3 interdicting the BLF and its members from entering the premises of any ABSA branches for any purpose other than the carrying out of banking activities carried out therein;
3.4 interdicting the BLF and its members from trespassing on any ABSA owned or ABSA controlled property;
3.5 interdicting the BLF and its members from in any way damaging or destroying our client’s property;
3.6 interdicting the BLF and its members from engaging in threats to and/or intimidation of our client’s staff members and/or members of the public during its protests; and
3.7 directing Mr Andile Mngxitama and relevant office bearers of the BLF to immediately instruct members of the BLF to abide the terms of the court order set out above at paragraphs 3.1 to 3.6.”
7 July 2017: Interim Court Order sought by ABSA
On 7 July 2017 ABSA obtained the following interim order from the High Court (case number: 2017/24574) against BLF and Andile Mngxitama:
“1.ABSA’s application is urgent.
2. A rule nisi is hereby issued calling upon the respondents to show cause, if any, (on)15 August 2017, why an order in the following terms should not be made final:
2.1 interdicting the BLF and its members and associates from engaging in protest action which is not conducted in accordance with the provisions of the Regulation of Gatherings Act 205 of 1993,
2.2 paragraph struck off
2.3 interdicting the BLF and its members and associates from unlawfully trespassing on any ABSA-owned or ABSA-controlled property,
2.4 interdicting the BLF and its members and associates from in any way damaging or destroying ABSA’s property,
2.5 interdicting the BLF and its members and associates from damaging any public or private property at or near the premises of ABSA branches,
2.6 interdicting the BLF and its members and associates from impeding or otherwise blocking or preventing entrances or other access to ABSA branches and ABSA ATMs,
2.7 interdicting the BLF and its members and associates, during the BLF protests, from in any way engaging in threats of violence or actual violence and/or intimidation of:
2.7.1 ABSA’s staff members, and/or
2.7.2 ABSA’s clients, and/or
2.7.3 ABSA’s service providers and contractors, and/or
2.7.4 members of the public,
2.8 directing the South African Police Services immediately to give effect to this court order and to arrest any person who infringes any of the terms of the court order set out above at paragraphs 2.1 to 2.7.4 above, without requiring any further order of contempt of this court order; and
2.9 directing Mr Andile Mngxitama and all national office bearers of the BLF immediately to:
2.9.1 instruct members of the BLF to abide by the terms of the court order,
2.9.2 publish this entire court order on the BLF twitter account and on any
BLF webpage and any other BLF social media platform, including facebook page;
3.Directing that the order set out in paragraphs 2.1 to 2.9.2 above operate as an interim order pending the return date of this application;
4.The first respondent and/or the second respondent can, at any point in time, anticipate the return day of the rule nisi and approach this court on reasonable notice to the applicant and affording the applicant a reasonable opportunity to file any replying papers, in order to amend and/or discharge the interim order granted where good cause is shown.
7 July 2017: BLF publishes Court Order
On 7 July 2017 BLF published the above interim court order on its website with the following message:
Black First Land First (BLF) is an anti-racist political formation. We will not apologise for fighting racism and white supremacy. Any acts of racism will be dealt with forthwith. BLF members please note the contents of the order below… The struggle continues. Land or death! …
(P.S. Black First Land First wishes president Andile Mngxitama a happy birthday. May you be blessed by the Black Gods with many more years to fight white monopoly capital)”
On 15 August 2017 the above interim order was made final and unopposed by BLF.er Wenzel, pointing out the the return date in court is 15 August 2017 and since they have not heard from us regarding our opposition to the application they will proceed on the basis that the matter is unopposed.