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Saturday, 13 December 2014

Fwd: No. 27469: General Awards Himself More Than 300 Square Kilometers of Land -- Angola



AfricaFiles



Title: General Awards Himself More Than 300 Square Kilometers of Land
Author: Rafael Marques de Morais
Category: Angola
Date: 11/18/2014
Source: Maka Angola
Source Website: http://www.makaangola.org

Summary & Comment: The governor of the southern province of Kwanza-Sul, General Eusébio de Brito Teixeira, 61 years old, has recently authorized on his own and for himself land for agricultural use and the construction of condominiums. Through a glaring scheme of self-dealing, the governor and his family have already grabbed over 30,000 hectares (over 300 square kilometers) of land in Kwanza-Sul... Maka Angola will publish a list of the feudal lords, little and large estate owners, who have parcelled out an entire province between them...already expanding their feudal plundering of land in Malanje and other provinces of the country." JK



The land-grabbing governor of Kwanza-Sul province, General Eusébio de Brito Teixeira.

http://www.makaangola.org/index.php?option=com_content&view=article&id=11495:land-grabbing-general-awards-himself-a-territory-larger-than-monaco&catid=26&Itemid=230&lang=en

The governor of the southern province of Kwanza-Sul, General Eusébio de Brito Teixeira, 61 years old, has recently authorized on his own and for himself land for agricultural use and the construction of condominiums. Through a glaring scheme of self-dealing, the governor and his family have already grabbed over 30,000 hectares (over 300 square kilometers) of land in Kwanza-Sul.

A high-ranking figure in military strategy, within the inner circle of presidential power, parallel to the FAA - Angolan Armed Forces, General Eusébio de Brito Teixeira also occupies the post of representative of the Intelligence Bureau of the President of the Republic for Southern Angola.

"We will adhere to the MPLA's program for government, which is to increase growth and improve distribution [of wealth]", quoted the governor on his inauguration by president José Eduardo dos Santos, on September 29, 2012.

Adhering to the MPLA's program, throughout the year of 2013, the governor personally grabbed vast tracts of land within the province under his rule, as revealed in this investigation.

Firstly, in chronological order, Maka Angola discloses the land-grab initiatives undertaken by the governor in the current year.

On the April 17, the private company Eusébio de Brito Teixeira e Filhos (EBRITE) applied for authorization from Governor Eusébio de Brito Teixeira to takeover the coastal land on Chicucula beach in Gangula commune in the municipality of Sumbe, for urban development. This site of 92 hectares is currently occupied by a large community, which will be evicted.

EBRITE is a company created on October 12, 1998 by General Eusébio de Brito Teixeira, and on behalf of his children Carlos Mandume Brito Teixeira and Dilma Jeruza Serpa Teixeira. Since then, the general, who is a 50% shareholder in the company, has held the post of managing director. Besides farming, EBRITE's stated business also includes hairdressing and mining exploration, and the possibility of "undertaking any other commercial or industrial activity agreed upon by its shareholders and permitted by law".

Then, on April 17, 2014, another application was filed with the provincial government, as an appendage to that of EBRITE. This involves an application from Geosystems Angola Lda, requesting the concession of 153.53 hectares of land adjoining to the south, the land requested by EBRITE. Both applications were processed very quickly. "To the department for authorization to be granted [illegible signature]. 05-06-014 Urgent", may be read on both applications, coming from the governor's office.

According to a source within Sumbe's local authority, "Chicucula is communal land with a large local population. It is also an area of transhumance [moving cattle to new grazing areas], and therefore may not be rezoned". The Keve River flows into the sea at Chicucula.

"The governor and the companies associated with him, Pisek Engineering, Geoland and Geosystems, want to undertake a touristic project there, bulldozing the law".
The three companies have in common the same majority shareholder and managing director: Bruno da Silva Magalhães.

Geoland and Geosystems only became incorporated on April 7 2014, with their publication in the official Daily Gazette [Diário da República]. Geoland has almost 60 areas of interest within its stated core business, from management of preschools to jewellery business and even petroleum exploration. Ten days later, both companies had already sent in applications to the governor for land concessions. Pisek Engineering originally from Portugal, and was only registered in Angola in February of 2013.

According to the General Regulations on Land Registry, "rural communal land is that occupied by families belonging to a local community and used by the same, according to local customs of land use, for habitation, occupational activities or other uses recognised by custom or by law".

In turn, the referenced regulation establishes that "rural communal land encompasses complementary areas for transitory agriculture, transhumance corridors granting access to sources of water and pasture for cattle and pathways, whether or not subject to the regime of servitude, used for access to water or to roads or trails leading to urban developments".

Also according to the regulations, these lands "may not be rezoned for development".

In the course of the investigation undertaken, Maka Angola had learnt that, initially, General Eusébio de Brito Teixeira had promised the Headman of Chicucula that schools would be built and other social projects would be undertaken, with government funding. "The governor never informed the Headman that he was expropriating land for his personal benefit, in order to build a touristic project", says a member of the local community, who prefers to remain anonymous, for fear of reprisals.

In the area, other high-ranking officers, including Brigadier João Manuel, own large herds of cattle, and are less than pleased with the situation.

Governor petitions himself

Yet again, on April 17, three further applications for land registry were forwarded to the provincial governor as a single file. General Eusébio de Brito Teixeira applied for 48.847m2 to build a residential condominium.

In turn, Pisek Engineering Lda was granted 23.875m2. Enclosing the condominium site to the South, West and East, Geoland - Engenharia Lda obtained 30.677m2. These sites were registered at record speed and the whole process was concluded on April 22.

Following the legal procedures, on May 4, General Eusébio de Brito Teixeira wrote "to Your Excellency the Governor of the Province of Cuanza Sul", that is to say, himself. On the petition, the General wrote: "Requesting the legalization of a site measuring 48.847m2 in order to build a condominium in the Ex-Carvalhos area of the city of Sumbe", the provincial capital.

To that effect, "I hereby most respectfully petition Your Excellency the Governor to grant the referred authorization".

One month later, on June 6, the municipal administrator of Sumbe, Américo Alves Sardinha, forwarded official memorandum nº 252/06.06.09/2014 to the provincial governor, and sent a copy of the document to General Eusébio de Brito Teixeira, that is to say, to the same person. This was a favourable report from the local authorities advising governor Eusébio de Brito Teixeira that he could now grant his own petition to become the legal title-holder of the land.

Colonel Serafim Maria do Prado, former governor of Kwanza-Sul and current ruling MPLA Member of Parliament, had already registered a large section of the same site in his own name. But his successor has become the law unto himself, and stripped him of the land deeds.

Sources within the provincial government point out how the governor actually used Pisek and Geoland to personally accumulate a total of 103 399m2 (10.3 hectares) for his condominium project. These companies are the governor's partners in the condominium construction project, and have already been granted several lucrative construction contracts within the province.

In the Regulation on the Concession of Lands, the law establishes that two hectares is the maximum limit for land concession within urban areas, and five hectares in suburban areas. Authorization for areas exceeding five hectares falls under the jurisdiction of the Minister of Urbanization.

Maka Angola has tried, unsuccessfully, to obtain an official reaction from both the applicant, Eusébio de Brito Teixeira, and the governor, General Eusébio de Brito Teixeira, one and the same person.

The governor's private district

The governor expropriated practically the entire commune (district) of Dumbi, in the municipality of Cassongue, when he gobbled a total of 22 685.21 hectares of land, for three country estates.

In the first, which includes the village of Chipindo, the governor transferred a total of 11 000 hectares to his name. By law, the application should have been approved by the Cabinet, or indeed by the President of the Republic, who holds the exclusive authority to grant land concessions of over 10 000 hectares.

On May 27 past, the provincial governor completed the concession application process "pertaining to the tract of land owned by Mr Eusébio de Brito Teixeira".

"The governor does not have the authority to grant 11 000 hectares to himself. He lied to the people when he claimed that the land was for a State-funded project to combat hunger and poverty", says an influential member of the local administration, who prefers to remain anonymous.

Once the governor's true intentions came to light, local communities came together and forced the removal of the machinery and workforce that had already started work on marking out the boundary of the estate, making roadways and carrying out other preliminary structural work.

The machinery had been lent by General Lisboa, a businessman from the municipality of Quibala, in exchange for favours from the governor, according to provincial government sources.

Also within the confines of Dumbi commune, the General-Governor has an estate with 8 115.91 hectares, which he attributed to himself with the approval of the minister of Agriculture and Rural Development (MINADER), Afonso Pedro Canga.

In the village of Vavele, within the same commune, Eusébio de Brito Teixeira took possession of over 3 569.3 hectares for a third country estate.

A senior official of MINADER, who wishes to remain anonymous, is critical of the governor's land-grabbing rapacity: "Anything is possible in this banana republic. The law is only for the masses, the poor, the marginalized and the neglected", he says.

"A powerful applicant can accumulate tens, hundreds or thousands of hectares, and not even use one per cent of the land acquired. Furthermore, fortunes are made in this way, with absolutely no cost. It's primitive capital accumulation", claims the official.

"Furthermore, another strategy employed to usurp land from local farmers and ordinary citizens, is the placement of notices by the State rezoning land for agricultural use or public utilities. This way, leaders expropriate lots of land under cover of law and for private use", adds the source.

As an example, the MINADER official mentions Project Quiminha, in the municipality of Icolo e Bengo, in Luanda, where the Israeli company Tahal is involved. "They expropriated land from the farming community there, with promises of compensation, which was never paid. According to the word on the street, the situation there is heating up [growing discontent]", he concludes.

Improve distribution, to the family

Adhering to the political agenda of the MPLA, the party in power for the last 39 years, whose motto is "increase growth and improve distribution", last year the governor took on the task of improving land distribution to his own family.

On December 5, 2013, Isaura da Conceição de Lima Serpa Teixeira, the wife of General Eusébio de Brito Teixeira also petitioned her husband, the governor of Kwanza-Sul to grant her acquisition of the title deeds to a plot of 1 000 hectares of land in Sahossi, in Sanga commune in the municipality of Cela.

On the same day, December 5, 2013, their daughter, Dilma Jeruza de Serpa Teixeira, also submitted a petition to her father to acquire the title deeds to 500 hectares of land bordering the land registered by her mother, to the west. One of the couple's sons, Edilson Paulo Serpa Teixeira, also used the same method, on the same day, to register ownership of 500 hectares bordering his sister's land to the south and east.

Since February 25, 2013, Edilson Teixeira has been officially employed as a member of the provincial government, as a top adviser to the governor, his father. This act of nepotism by the governor is a mere reflection of the customs employed by the leadership of the MPLA.

However, this is not the end of the story: on December 5 2013, two of the governor of Kwanza-Sul's other daughters, Petra Okssana de Azevedo Teixeira and Eucélia Valula de Azevedo Teixeira, also put forward petitions to their father, for the rights to 500 hectares of land each.

Petra Okssana's plot borders that of her step-mother Isaura to the north, south and west, while south of it, stretches that of her sister Dilma and the Cacufo River. On the eastern side her land is an extension of that registered by the sisters Eucélia and Dilma.

By this means, in just one day, the governor of the province of Kwanza-Sul, General Eusébio de Brito Teixeira transferred title of 3 000 hectares of land to the private ownership of his family.

A source close to the governor's family states that the leader "is known to be particularly kind and generous where his family is concerned".

Nevertheless, the governor's generosity in transferring public property to himself and his family is illegal.

According to the Law on Probity, the governor is not allowed to "intervene in the preparation, decision-making and execution of acts and contracts" over which he has a direct interest (Art. 28, a), or which favour his spouse, children and other members of his immediate family (idem, b).

The law also establishes as an act of illicit enrichment, the illegal transfer of public property, land, in this case, to the private property of the governor (Art. 25, i).
In spite of the abundance of proof of, at the very least, questionable conduct, the general is protected by the impunity conferred on its practitioners by wholesale corruption. Corruption and the plundering of State assets have been the principal factors uniting the various groups of the ruling MPLA, the Angolan Armed Forces, the National Police and other sovereign bodies.

In Kwanza-Sul, the only members of the ruling elite who have not acquired land are the figureheads and those not paying attention. In time, Maka Angola will publish a list of the feudal lords, little and large estate owners, who have parcelled out an entire province between them. With equal voracity, these same lords are already expanding their feudal plundering of land in Malanje and other provinces of the country.

As Zeca Afonso used to sing: "They eat everything and don't even leave scraps."

P.S. The table listing all the land grabbed by the governor is available here






Disclaimer: Opinions expressed in this article are those of the writer(s) and do not necessarily reflect the views of the AfricaFiles' editors and network members. They are included in our material as a reflection of a diversity of views and a variety of issues. Material written specifically for AfricaFiles may be edited for length, clarity or inaccuracies.


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Fwd: No. 27465: Drones: The Good, the Bad and the Ugly -- Media



AfricaFiles



Title: Drones: The Good, the Bad and the Ugly
Author: Jane Duncan
Category: Media
Date: 12/8/2014
Source: South African Civil Society Information Service
Source Website: http://www.sacsis.org.za

African Charter Article# 9: Every individual shall have the right to receive information and express their opinions.

Summary & Comment: Drones, miniature flying helicopters may be viewed with scepticism but they have a role to play in society such as surveillance, delivering medicines, reconnaissance missions, but before they are adopted rules have to be put in place. MM



http://www.sacsis.org.za/site/article/2227

Drones. Many South Africans are likely to think of lazy worker bees or boring people when they hear the word. But Pakistanis, Afghanis or Yemenis are likely to think of the unmanned planes sent by the Barack Obama administration that rain death on their heads.

Obama's drone strikes are summary, extrajudicial executions. The victims never having a chance to defend themselves against the accusations made against them, namely that they are terrorists. Furthermore, these strikes are not as surgical as Obama makes them out to be, with more evidence emerging of massive civilian 'collateral damage'.

Obama's drone strikes have been giving the technology bad press recently. But there are good drones too. Drones can be used to detect crop diseases early and assess disaster areas. Next generation drones may even be able to rescue people. Even journalists have been experimenting with them for newsgathering.

Drones are also being tested in South Africa too, in spite of the fact that the Civil Aviation Authority (CAA) has declared their use illegal for the moment. However, they are also drafting regulations to govern drone use. Already, the City of Cape Town has expressed interest in acquiring a drone. To this end, it has been conducting drone tests too, including a test of a multi-rotor quadcopter manufactured by the multinational Skycap.

According to the company, the quadcopter was designed to address the unique challenges of monitoring rhino poaching, and it is capable of 'hover and state' aerial surveillance stints of up to an hour. Compared to its brethren elsewhere, this drone has limited capabilities. However, if they are legalised, many other public and private entities may want drones too, and they are likely to grow in sophistication.

Civil society organisations elsewhere have been warning about the dangers of under-regulated drone use. What are the issues, and how concerned should South Africans be?

Up to this point, the high cost of flying helicopters has made the routine use of aerial surveillance prohibitively expensive. Drones, however, lower the cost of such surveillance, which is likely to make them more commonplace. This can pose a safety risk to manned aircraft. They can also malfunction, falling out of the sky, potentially injuring or even killing people.

As a result, more countries are regulating drones to ensure public safety, but the concerns don't stop with safety only. Many drones are being equipped with highly sophisticated video equipment, night vision and zoom lenses. More sophisticated drones have the technological capabilities to identify human targets or intercept communications, and are barely audible.

Their unprecedented capacity for undetected, pervasive mass surveillance of people - including of actions that may not usually be discernible to the naked eye - makes it easier for governments to collect information on their citizens. The circumstances in which they do so need to be tightly regulated as they present a unique threat to privacy, and the potential for their misuse (against government critics, for instance) is great.

Drones can also contribute to a routinisation of surveillance in public life, which can alter peoples' behaviour in undesirable ways. They can become more fearful and timid when they suspect that the government may be watching them (even if it isn't). They can become yet another building block in the ever-expanding surveillance state and make people feel dehumanised.

People have a right to know the circumstances under which they will be watched by the government, and there need to be specific, articulable reasons for drone uses. People also have a right to be left alone.

Drones are best deployed for disaster management situations, where public safety is more important than the right to privacy, and other functions where reasonable expectations of privacy do not arise. But governments enter into dangerous territory if they start to use them for dragnet policing practices, law enforcement fishing expeditions and even speculative, pre-crime type law enforcement, over private property, or to monitor protests.

As the American Civil Liberties Union (ACLU) has argued, drones are notoriously susceptible to mission creep, where drones are acquired for one set of stated purposes, and then used for another. So a drone that is acquired for utility management, for instance, could be used to keep tabs on public utility workers.

Drones with 'hover and stare' capabilities can violate physical privacy by, for instance, filming a person without their consent and even knowledge, and informational privacy, in that this data may be used to expose things about people that they don't want to be exposed. The fact that drones operate well above eye level gives them massively intrusively potential.

In June, a Seattle woman was surprised by a peeping drone hovering outside her apartment window when she had no clothes on, and she described her feelings of violation. Its operator claimed that the drone was shooting property. While a recent aerial video shot by a drone of couples having sex has almost turned aerial pornography (or 'drone boning') into a fine art, most people will probably not be amused if a drone caught them in the act without their consent.

In this regard, the City of Cape Town has stated that it intends the drone to be used for a variety of functions, such as preventing crime, including metal theft and land invasions, aerial mapping, surveying disaster areas, and checking the condition of various public utilities. This open list of intentions is worryingly broad.

Telling people to 'trust us', and belittling public concerns is not good enough. Arguing that communities do not need to be informed about the purposes of drone flights, as they are not informed about the purposes helicopter missions, misses the essential difference between helicopter surveillance and drone surveillance, as explained above.

As a study undertaken for the European Commission has argued, something as well-intentioned as infrastructure inspections can lead to the recording of personal data of people living in the vicinity, which is why public explanations of their uses are so important. This risk is increased in urban areas such as Cape Town.

Launching drones over crowds, such as during a land invasion (one of the City's stated intentions) is a no-no, given the potential for injury or even death if the drone malfunctions and falls from the sky.

When it comes to drone usage, the ACLU has identified some very useful principles. They argue that there should be limits on their usage, including deploying them in law enforcement only with a warrant, and to collect evidence relating to a specific criminal act. Data should be retained only if there is reasonable suspicion that it contains evidence of a crime.

They also argue that usage policy should be determined by elected public representatives and not law enforcement officials. Policies governing drone usage should be clear, written and open to the public, and their usage should be subjected to open audits and proper oversight. Lastly, domestic drones should not be equipped with weapons.

South Africa needs to decide whether it want its skies to be filled with snooping robots. The constitutional right to privacy demands that restrictions be placed on their use, but as it so often the case, the technology is moving faster than the law. This is problematic, as any limitation on a fundamental right must be done through a law of general application.

The most relevant laws at the moment are the Civil Aviation Act, which established the CAA, and the Protection of Personal Information Act, which has mandated the establishment of an information and data protection regulator.

Some may say that that the issue should be left in the hands of the CAA. But will it address these concerns in its regulations?. It may not, as the legal mandate of the Authority confines its role to airspace safety and security: it is not set up to consider privacy issues. It could do (and should do), if it reads the security aspect of its mandate broadly, but it may not.

It is instructive to look at what happened when civil society petitioned the US Federal Aviation Authority to conduct a public rulemaking process on drones and their implications for privacy and other civil liberties. The Authority refused, claiming that doing so did not fall within its mandate.

The Protection of Personal Information Act should prevent the misuse of personal data recorded by drones, but its mandate is confined to informational privacy. This may well leave the physical privacy aspects of drone usage unregulated. This means that at the very least, the City of Cape Town should release a policy for public comment on its intentions; but, preferably, separate national legislation should govern their use.

The history of technology take-up teaches us that technology is not politically neutral: it is shaped by existing social relations. This can lead to the most remarkable innovations serving the interests of a political elite before they serve the interests of the ordinary citizen.

So it is with surveillance technologies too, which politicians have 'sold' to the ordinary citizen as being necessary to secure their safety. The evidence of them having done so in meaningful ways is in short supply, globally and locally. However, thanks to the courageous stances of Edward Snowden and others, there is copious evidence of them actually having made people more insecure by giving even more power to increasingly unaccountable rulers.

This history should forewarn us that the possibilities of the bad drones, even the ugly ones, outnumbering the good drones in time to come are very real indeed. Anyone who thinks that this is alarmist is not historically aware.

Duncan is a Professor of Journalism at the University of Johannesburg.






Disclaimer: Opinions expressed in this article are those of the writer(s) and do not necessarily reflect the views of the AfricaFiles' editors and network members. They are included in our material as a reflection of a diversity of views and a variety of issues. Material written specifically for AfricaFiles may be edited for length, clarity or inaccuracies.


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