By Cosmas Butunyi

South Africa’s ruling African National Congress may have expelled the rubble-rousing youth league president, Julius Malema, but challenges still remain for President Jacob Zuma, who is seeking a second term in a race that he is considered the frontrunner.

Observers say that Malema, who is considered one of the most prominent members of the party to openly break from Zuma, still can be a thorn in his side even though he is permanently barred from party-related events. He may use his expulsion to sharpen his criticism against Zuma’s government.

Zakhele Ndlovu, a political analyst at the University of KwaZulu-Natal, says that while numerous predictions are being made of a possible Zuma victory in December, ‘anything can happen’ due to the changing balance of power in the party.

“People who sympathise with him could become influential and bring him back,” Zakhele told Reuters.

It is nearly impossible for Malema to return to the party before its electoral meeting at the end of the year. He would first need the approval of the ANC’s National Executive Committee, which is led by Zuma and stacked with his supporters. Even if he were to win over the NEC, Malema does not have the support of ANC delegates now to win reinstatement.

By Isaac Esipisu

The continents’ newest and second Africa’s  female president took over the reins of power in Malawi to offer a new and more responsive style of leadership that is expected to spur economic recovery of one of Africa’s poorest nation. Joyce Banda was sworn in as president two days after President Bingu wa Mutharika died of heart attack at 78.

The new president, Joyce Banda started her presidency in an enthusiastic and robust way; mending ties with foreign donors that could see Malawi pull out of an economic crisis. The new president of Zambia , Michael Sata, is making the transition easier, contributing 5 million litres of petrol that should help the economy. Banda, a 61-year-old policeman’s daughter who won recognition for championing the education of underprivileged girls, now enjoys widespread support among a population whose lives grew increasingly difficult under Mutharika

Mutharika, a former World Bank economist, also got off to a good start in 2004.   Malawi was at the time the darling of international donors. Programmes to subsidize fertilizer and provide seeds to farmers created an economic revival that made it one of the world’s fastest growing economies. But his fortunes turned dramatically and upon his death many Malawians were openly celebrating his passing.

In 2005 the country declared a national disaster as more than five million people were in need of food aid because of widespread shortages due to bad harvests. However, three years later the country produced a bumper harvest, turning it into the breadbasket of the region, mainly because of the success of Mutharika’s fertiliser and seed subsidy programme.

But under his leadership Malawi was at odds with its traditionally largest donor, Britain , following a decision by the government about a year ago to expel the British High Commissioner after he accused Mutharika for “increasingly becoming dictatorial” in a leaked diplomatic telegram. There were nationwide protests against Mutharika’s rule in July 2011 as Malawians personally blamed him for the country’s economic woes and the persistent fuel and foreign exchange shortages. Mutharika was criticized for calling in the police to quell the protests, which resulted in 20 deaths, as he vowed to crush the rebellion against him.

 By Alison Frankel NEW YORK (Reuters) – On February 28, during oral arguments at the U.S. Supreme Court in an Alien Tort Statute suit by a group of Nigerians who accused Shell of complicity in state-sponsored torture in their country, Justice Samuel Alito interrupted the Nigerians’ lawyer, Paul Hoffman of Schonbrun DeSimone Seplow Harris Hoffman & Harrison. “What business does a case like this have in the courts of the United States?” Alito said.

Enough justices agreed with Alito that days after the argument in the case, called Kiobel v. Royal Dutch Petroleum, the Supreme Court decided it was more interested in the extraterritorial application of the Alien Tort Statute than in the nominal issue in Kiobel, which concerned corporate liability under the ATS. In an extraordinary post-argument order, the justices called for additional briefing from both sides on the question of “whether and under what circumstances the Alien Tort Statute allows courts to recognize a cause of action for violations of the law occurring within the territory of a sovereign other than the United States.”

Whoever defends South Africa’s MTN Group in a new suit in federal court in Washington, is going to be very interested in the answer the Supreme Court eventually delivers to that question. In a 70-page complaint filed on March 28, the Turkish cellular services company Turkcell is asserting the Alien Tort Statute against MTN Group . According to Turkcell’s lawyers at Patton Boggs, MTN engaged in all sorts of corporate skullduggery, from bribery to peddling votes at the United Nations, to wrest away Turkcell’s contract to provide private mobile phone service in Iran. Turkcell said that MTN’s conduct is a “violation of the law of nations,” and has demanded $4.2 billion in damages.

The Turkish company’s allegations were explosive enough to have led to a 6 percent fall in MTN’s share price since the suit was filed . “MTN used its high-level political influence within the South African government to offer Iran the two most important items that the country could not obtain for itself: (1) support for the Iranian development of nuclear weapons; and (2) the procurement of high-tech defense equipment,” the complaint said. “MTN developed a scheme to trade these items — nuclear votes and illicitly procured arms — for (Turkcell’s)license. MTN furthered its scheme by bribing and trading in influence with government officials in both Iran and South Africa in exchange for the license…. MTN went so far as to create a code name for its corrupt scheme — ‘Project Snooker.’ Between February 2004 and November 2005, MTN Group worked feverishly to ‘snooker’ its business competitor through these corrupt arrangements.”

I have no idea of the merits of Turkcell’s assertions. But I don’t think Turkcell’s case has much chance of surviving as a cause of action in the U.S. courts, which are increasingly resistant to the idea that they’re an appropriate forum for disputes with little connection to this country.

Turkcell tries hard to make a case for U.S. jurisdiction. (In fact, I don’t think I’ve ever before seen such a strenuous venue argument in an opening complaint.) MTN, the suit said, is headquartered in South Africa, but its shares also trade as American Depository Receipts, and the company derives significant revenue from sales of phone cards and cell services to U.S. customers. Two of the company’s directors are U.S. residents, according to the complaint, which also said MTN has received financing from U.S. lenders and uses U.S. banks. Moreover, according to Turkcell, MTN allegedly breached a non-disclosure agreement it signed in Washington, in the course of settlement talks at the beginning of 2012.

By Clyde Russell The idea that Australia is a more dangerous place for mining investment than Mali might seem strange to most observers, but that’s exactly the view of the boss of the world’s third-biggest gold producer. Mark Cutifani, the chief executive officer of AngloGold Ashanti, said last week he was more concerned about government policies toward mining in Australia than about nationalism in Africa. On the face of it, this is an extraordinary comment that has gone largely unreported by both the Australian and international media. How can it possibly be that Australia, a stable Western democracy with rule of law, independent courts and a culture of vigorous debate, is a more risky place than countries like Mali, which had a military coup last month and is battling an insurgency by Tuareg separatists? Of course, it may be that Cutifani, an Australian-born mining engineer who has headed the Johannesburg-based company since October 2007, was ramping up the rhetoric to make a point when he talked to reporters on March 27 in Perth, capital of the resource-rich state of Western Australia. But this would appear to be at odds with his previous record of speaking sensibly about the gold-mining industry while remaining an advocate of the interests of his global company. The point Cutifani was probably trying to drive home is that the debate in Australia over its vast mineral resources appears to have veered off-track and descended into political point-scoring. “The politicians and we as industry leaders are missing each other,” the Australian Associated Press quoted him as saying. “Somehow, we’ve got to land this discussion and stop the class warfare-type conversations and turn the conversations into constructive dialogue about the future of the country and the industry.” To be fair, Cutifani has also lobbied against proposals for a resource rent tax in South Africa and moves to raise taxes in other African countries where AngloGold operates, such as Ghana and Mali. But for Australia, the background to his comments is an intensifying war of words between Wayne Swan, the treasurer in the Labor Party-led minority government, and mining magnates over the new Mineral Resource Rent Tax (MRRT) and the carbon tax. Both these taxes are due to start on July 1 and have raised the ire of many industries and the opposition Liberal Party.

The MRRT will impose a 30 percent levy on so-called super profits of large coal and iron ore, and doesn’t yet include other producers such as gold miners. The carbon tax will impose a price of A$23 on the emissions of the top 500 polluters, to be phased in, while reducing income taxes for poorer households in order to offset the expected increase in energy costs. The Labor Party, which has slumped in opinion polls partly over public disquiet over the new taxes and a broken promise not to introduce a carbon tax by Prime Minister Julia Gillard, appears to be following the tactic of stoking the politics of envy as a distraction method. Since the financial crisis that sparked the global recession in 2008 it has been easy for politicians to attack the rich and blame untrammeled greed for the economic carnage. In Australia, the target is billionaire mining barons and Swan attacked iron ore magnates Gina Rinehart and Andrew Forrest as well as coal developer Clive Palmer in an essay published last month. Interestingly enough, Swan didn’t attack BHP Billiton and Rio Tinto, the two global miners that led initial opposition to a stiffer resource tax that was watered down after Gillard deposed former prime minister Kevin Rudd in a party-room coup. Swan accused the billionaires of trying to use their wealth to “distort public policy,” apparently without any sense of irony, given that he was using his position as the second-most powerful politician in Australia to do the same. It seems to me that Australia would benefit from a more sensible debate on how to ensure the mineral wealth is developed in a way that rewards the owners of capital that take the risks of developing projects as well the overall economy and citizens in general. Debate in Australia appears to be driven by short-term political cycles, with federal elections every three years leading politicians to focus more on spin than sound policies. Is the MRRT the best design that could have been implemented? Will it raise sufficient revenue without leading to less investment, and will it help ensure the long-term viability of mining? Should the revenue it raises be used to fund a one percentage point cut in the company tax rate, as Labor proposes, or would it be better put toward building a sovereign wealth fund? These are all valid points for debate, but aren’t getting a hearing in Australia currently. Instead, as AngloGold’s Cutifani pointed out, there is an unedifying mud-slinging match that does little to enhance the reputations of either Swan or his targets.

By Isaac Esipisu

Kenya is set to hold in December of this year its first elections since the 2007 vote that was marred by deadly violence. The east African country’s election will come under intense scrutiny because it will be the first under a new constitution and the first since the 2007 poll in which more than 1,220 people were killed, mostly in post-election violence.

The bloodshed and property destruction were unprecedented. Many Kenyans were rendered homeless as well; many as I write are still leaving as internally displaced persons (IDPs)

The International Criminal Court’s chief prosecutor later named six people suspected of bearing the greatest responsibility for the post-election violence in 2007. The ICC’s move was viewed by optimists as the end of the country’s culture of impunity, but pessimists feared it could spark a new round of ethnic blood-letting.

Proponents of the Hague process see it as the only way of achieving justice in a country where those in high office have never been brought to account for their actions

Later this year ICC announced cases of crimes against humanity against four out of the six suspected, including two top presidential contenders — Uhuru Kenyatta and William Ruto. It has been argued that Kenyatta and Ruto cannot contest the presidency after being charged by the ICC with crimes against humanity.

By Alex Whiting

Jan 26 (AlertNet) – Where most expat aid workers fear to tread in Mogadishu, recently arrived Turkish aid workers have been driving in the streets, swimming in the sea and praying in local mosques.

Turkish Prime Minister Tayyip Erdogan visited Somalia in August, the first head of a non-African state to do so for nearly 20 years. The Turks have since opened an embassy, started work on the international airport, offered Somalis university places in Turkey and made plans to build a new hospital.

“Turkey is an animating force in Somalia … The people honestly love them,” said Mustakim Waid, who worked in Mogadishu for the Organisation of Islamic Cooperation (OIC) — the second-largest intergovernmental organisation after the United Nations.

From Turkey to Brazil, India to Saudi Arabia, a growing number of non-Western donors are bringing fresh funds, a different mindset and their own experience of managing natural disasters to the global humanitarian aid scene.

Until recently most emerging donors focused their aid on their own regions. Some, like India, China and Brazil, were also major recipients of international humanitarian aid.

By Abdi Sheikh

MOGADISHU, Jan 26 (AlertNet) – Nurto Isak’s food rations are feeding her, her three children, and — she suspects — the militiamen guarding the camp in Mogadishu where she and other uprooted Somalis have taken refuge.

The city is host to more than 180,000 internally displaced people (IDPs) who, like Isak, have fled a killer combination of conflict, drought and hunger back home.

Many risk long, difficult journeys to reach the capital, their sights set on the numerous aid agencies that have set up relief operations to hand out food and treat malnutrition there.

Yet many people at various IDP settlements in the war-torn city complain that food aid is not reaching them and accuse local aid workers working for international and Somali NGOs of taking it to line their own pockets.

“Half of the rations intended for our camp is given to the warlord whose militia are said to be guarding us,” Isak told AlertNet (www.trust.org/alertnet), a humanitarian news service run by Thomson Reuters Foundation.

By Isaac Esipisu

Although the role of political parties in Africa has changed dramatically since the sweeping reintroduction of multi-party politics in the early 1990s, Africa’s political parties remain deficient in many ways, particularly their organizational capacity, programmatic profiles and inner-party democracy.

The third wave of democratization that hit the shores of Africa 20 years ago has undoubtedly produced mixed results as regards to the democratic quality of the over 48 countries south of the Sahara. However, one finding can hardly be denied: the role of political parties has evidently changed dramatically.

Notwithstanding few exceptions such as Eritrea , Swaziland and Somalia , in almost all sub-Saharan countries, governments legally allow multi-party politics. This is in stark contrast to the single-party regimes and military oligarchies that prevailed before 1990.

After years of marginalization during autocratic rule, many African political parties have regained their key role in democratic politics by mediating between politics and society. Multi-partyism paved the way for genuine parliamentary opposition and the strengthening of parliaments in decision-making. However, several shortcomings still remain: many African political parties suffer from low organizational capacity and a lack of internal democracy.

Dominated by individual leaders, often times lifelong chairpersons and “Big Men”, youth and women remain marginalized within party structures.

By Isaac Esipisu

There are many reasons for being angry with Africa ’s strong men, whose autocratic ways have thrust some African countries back into the eye of the storm and threatened to undo the democratic gains in other parts of the continent of the past decades.

For those who made ultimate political capital from opposing strongman rule in their respective countries, it is a chilling commentary of African politics that several leaders now seek to cement their places and refusing to retire and watch the upcoming elections from the sidelines, or refusing to hand over power after losing presidential elections.

In 2012 one of the longest strong men of Africa, President Abdoulaye Wade’s country Senegal is holding its presidential elections together with other countries like Sierra Leon, Mali, Mauritania, Malagasy, and will be shortly followed by Zimbabwe and Kenya.

Yoweri Museveni and Paul Biya of Cameroon , who are among the longest-ruling leaders of the Africa , won their respective presidential elections and continue to have a stronghold on their respective countries, albeit with charges raised of serious election malpractice. Eduardo Dos Santos of Angola, Denis Sassou Nguesso of Congo Republic and Robert Mugabe of Zimbabwe will in one or two years face the electorate in an effort to further cement their authoritarian leadership.

What happened in the second half of 2011 in North Africa and more specifically in Tunisia, Egypt and Libya does not seem to have had any kind of effect on other Sub-Saharan African Leaders.  In fact, they have strengthened their stronghold on power and in some countries even harassed and jailed opposition leaders.

By Isaac Esipisu

Several African leaders watching news of the death of Africa ’s longest serving leader are wondering who among them is next and how they will leave office.

Three of the ten longest serving leaders have fallen this year – Ben Ali of Tunisia ruled for 23 years, Hosni Mubarak of Egypt ruled for 30 years and the longest, the Brother Leader of Libya ruled for 42 years – all gone in the last six months.

Teodoro Obiang Nguema of Equatorial Guinea (32), Jose Santos of Angola (32), Robert Mugabe of Zimbabwe (31), Paul Biya of Cameroon (29) and Yoweri Museveni of Uganda (25), King Mswati III of Swaziland (24), Blaise Campore of Burkina Fasso (24) and still going strong, and must be wondering whose turn is next.

Teodoro and Jose Santos take the number one spot as the longest serving Presidents with 32 years of ruling Equatorial Guinea and Angola respectively and from what has happened in Africa this year and to Gaddafi this week, it is a post neither of them would be proud off right now.

Although the revolts have so far been limited to North Africa, increasingly there are protests against regimes in other African countries. Whether triggered by economic conditions—food and fuel prices, poor job opportunities or service delivery failures, the mass protests are becoming important and have forced policy changes. Slowly but surely, these revolutions are heading south and, unless Africa ’s long-serving leaders pave the way for inclusive governance and relinquish their power, they are increasingly likely to face the same fate as the North African ones.