ANC drops the ball on 'late' candidate lists?

0:00Corruption finally unearthed, an attempt to break out of a prison ward in a hospital, and a political party tries to gaslight the IEC. That's all that happened, not just today, but this past weekend in South Africa. And let's break it down. No, no, no, no. Pace car rental is giving SMWX viewers 20% of rentals from Cape Town International Airport during September. The offer applies to rentals of less than 30 days, and all you need to do is use the promo code SMWX when you book. So if you need a car in Cape Town, the September book with Pace car rental, use SMWX and get 20% off that's 20% off Cape Town Airport rentals under 30 days during September. Spread the fire and welcome back to SMWX. My name is Utzilengari Meng,

1:00and while fam we are getting closer to the half a million subscriber mark. So please, if you're watching this video right now on YouTube, just go and check if you're subscribed, and if you aren't, consider subscribing and help us get closer to this milestone. But let's get straight into what's been happening in the country. And I'm going to start with the court case today of the former Speaker of the National Assembly and the former Minister of Defense Nosevive Mafisa Nagola, who was in court today. And this was in respect to a section 174 application that she and her defense had lodged in an attempt to try a curtail having to go to the much larger trial in relation to the corruption charges against her. Now I'm going to break down a little bit about this section 174 application, which was today discharged. The application was discharged in court, and that was on all 13 counts that she was facing. And so in one was almost a two-hour judgment. The judge dismissed each of the 12 corruption counts and

2:07the single money laundering count that Mafisa Nagola was facing in court today. Now the finding on everyone of these was that the state had produced evidence upon which a reasonable court could convict and the test at this stage was not whether or not she was guilty. But it was whether the mere suspicion existed on the side of the court to say that there was some wrongdoing here. And so the judge found that there did exist some suspicion here to say that wrongdoing was done saying there is more than mere suspicion. Evidence directly implicates the accused in the alleged acceptance of gratification supported in material respects by documentary, financial records, communications, and surrounding circumstances. And so the matter effectively died at that moment for

3:07Noseviwe Mafisa Nagola. And so she must now present her defense in respect to these 13 counts. Now section 174 was the accused's last opportunity to try avoid having to end up in trial. It is an application that says in effect that even on the state's best case, there is not enough evidence here to convict her. Now her legal team who really made this application were doing this as a high risk when it takes all move to try avoid having this matter go any further. But that was not necessarily the outcome that they received in this matter. Now the scale of the alleged corruption that she's facing relates to a over 2 million ran, well over 2 million ran in essay NDF contracts that were sent to a specific contractor, a one non-basan lov, a military contractor whose company

4:13had business with the Department of Defense whilst Mafisa Nagola was the Minister of Defense. And she is a key states witness who can testify and has testified to solicited cash payments every year between 2016 and 2019. Now these range between 300,000 ran and 800,000 ran, the grand total ending up somewhere around 2,150,000 ran. Now the state also alleges that Mafisa Nagola had requested 2 million ran to secure the appointment of lov's husband as an essay NDF surgeon general. Now that payment was refused and the court in relating to this matter has still itself found to disclose a prima facie case in respect to that matter. And so this situation is ongoing.

5:16But the problem here is for the accused is that this matter does not die at this point. In fact, it is complicated the trial process because what has ended up happening for her is that in the usual position of having to go to trial an accused is given the opportunity to state whether or not they are guilty or not guilty and there are some peripheral matters that are involved in having to determine whether a person is guilty or not. Now what Mafisa Nagola did here is put herself in the unusual position of having admitted at the start of the trial that she knew that she could not receive any gratification and that she did not declare anything that she had received. These admissions were designed in a way to clear away the peripheral factual disputes that could arise

6:17before trial. And so now the trial could just focus on the core questions and that is did she receive the money and if so was it corrupt. But those admissions now function as framework into which every piece of evidence that the state side will render will lead and fit into. And so she cannot now say that she didn't know the rules or that she mistakenly acted by receiving forms of gratification from the military contractor in the form of cash and other material positions. She now put herself in the position where what's the evidence is rendered and she is proven in court to have done what she has admitted is things she is not allowed to do. She is effectively candid the state side and open and shut case in that matter.

7:23And the evidence around this goes even further. What's up messages encoded with evidence that was not obviously explicit but that was demonstrated in court to have other meaning. So words like weed or snuff allegedly coded as requests for money but costs requests for travel money or payment requests more payment requests medicine money again more money requested payments requested dream another request followed by delivery of a hundred thousand rans in bear poor and a alleged code for cash. So many words from the South African lexicon. I'm surprised. Yeah guys they couldn't they couldn't have worked zaga in this somewhere. I don't know maybe there's a bit too much on the nose but all of these words from the South African lexicon having been in court said to have represented requests for direct cash advances that is the allegation that was made in court

8:29obviously the matter has not been ruled on so it is still an allegation but that's where I'm going to park that matter and I'm going to move to another fiasco that has plagued the African national congress and this is in relation to what is really a self-inflicted wound here and it's in relation to the missed deadlines across several municipalities and the names of senior people who they announced at the Central Convention Center as some of the front running candidates to be their mayors in certain municipalities. Some names missing on the IEC's list and guys I mean yeah talk about just handing the opposition just more evidence that the ANC is perhaps not in the best state to even organize themselves out of a handhouse here. Now I'm going to start here and that is with the missed window. Now the submission window for candidates

9:34closed at 5pm on the 28th of August. Now the ANC's explanation for why they were unable to have their people processed was that a technical glitch emerged in the IEC system. One that the IEC was very quick to rebut by saying one the IEC has confirmed that 2274 candidate nominees from 45 parties were captured into the system but they were not formally submitted. The distinction matters here in that being in the system is not the same as having been submitted. Anyone who's had to deal with government bureaucracy understands the words might sound the same but in practicality. Ah, ah, ah, ah, ah, cough cough homophers. Now that's not even the worst of it. When you look at some of the names of people who did not make it on the list you have in the city of Jobah people like

10:40Reverend Frank Chican who, pundits, experts, analysts in the political realm have said if there is anyone that can render the ANC a stay of political execution in the COJ in the election. Someone that can at least if not bring them back but keep them where they're still within the realm of having a shot of still being in the executive of Jobah's council. It's Frank Chican as a candidate for them as a mayoral candidate but he didn't make the cut apparently and then you have Andi Le Lungisa who is a member of the NEC and the Nelson Mandela Bay mayoral candidate. You have more people members of even the executive cabinet who are candidates for areas such as Buffalo City. You know these are not peripheral names these are the ANC's designated standard bearers in what is in what are some of the most contested electoral battlegrounds. And then you go to the

11:45Eastern Cape where you guys now there's where it gets very stark because you have a situation in the Eastern Cape where in municipalities such as Oartambo, Sarapartman and Jobahabi these districts areas where the ANC holds them as strongholds and governs in some of these districts these municipalities. They have just about missed 19 PR candidates being submitted and are absent potentially from the ballots in places like Potsing John, Sundays River Valley, Wotasusulu and so on in these districts. They govern in these places so they could go from governing to not even being on the ballot. Yeah guys and you know it's kind of that we're seeing this but you even have senior ANC leaders,

12:47veteran leaders, members of the executive of the country even tweeting out to say the failure to submit municipalities and set of candidates to the IEC is a scandalous incident that cannot be joked about. As leadership if we cannot be embarrassed by this we aren't worth the idea. That is a scandalous review by a person who sits or rather wants sat on the National Executive Committee of the ANC but currently makes up the composition of the executive in the national government. He's a deputy minister and so I mean guys the explanation of a technical glitch the IEC responding to saying that it is not credible but nevertheless the ANC has indicated through its spokesperson that they will be taken this matter up possibly to the electoral court and we will have to see what the outcomes of that process is for them but you cannot joke about

13:47this. This is a big mistake for the ANC heading into an electoral cycle where you know the polls are indicating at least that it's not looking good for the ANC you know but that's where they've put themselves and so let's move on here and actually talk about something that's been happening itself because court today and this relates to Wusmuzi Kat Matlala. Now Matlala and his forecourt accused were underway in the Johannesburg High Court this was in relation to the Medicare 24 corruption fraud and money laundering case and not the attempted murder case that they're obviously dealing with in parallel to this. Now the case involves the alleged fraudulent SEPS health services tender, Medicare 24 and the five co-accused include Matlala and his companies and other procurement chain officials and individuals. Now the current

14:47testimony today concerns a co-accused of Matlala, one Musa Ke Gana and it was in relation to an alleged escape plan from Edenville Hospital, a one colonel Owen King formerly a commander at the Bramley Police Department said that he was brought to be aware of the situation by staff at Edenville Hospital who had allegedly overheard Ke Gana planning with an individual about how his jailbreak effectively was going to take place at the hospital. Now the information was related to Colonel King by a doctor from Edenville Hospital and so the defense objected to this evidence today saying that it is hearsay evidence given that there was no formal proper chain of how this information was reported. Now King is testifying about what an unidentified doctor has

15:47told him and the doctor themselves is not a witness and so the doctor seeing as the doctor cannot be cross-examine the defense you know cannot challenge or test the ferocity of this claim and of the account by this person whose identity is entirely unknown and this creates the opportunity for a classic hearsay situation and out of court statement offered for the truth but can be contested pretty much on its own merits by the way so this situation in of itself just adding more complexity to this case now this is an ongoing situation we're watching these court proceedings very carefully because as you might imagine how these court proceedings go will inform how Matala's own testimony continuing at the Matala Commission of Inquiry will go and also some of the things that can be unearthed in some of these court proceedings can affect some of the

16:48streams that the Matala Commission of Inquiry will be going into you know I had to say Matala guys oh I miss at 9.30 hearing a chair Matala saying good morning commissioners oh tell me if you're with me I miss him I miss I miss the commissioners I need them to come back guys but fam that's what I'm leaving today's analysis if you enjoyed please make sure to like share and subscribe as smwx is on its way to half a million subscribers until next time let's keep spreading the fire ah yay ye gen