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Medicinal use of cannabis makes progress

Medical Innovation Bill and cannabis

..sent to clients 18 Dec… Dr Narend Singh who took over the tabling of the Private Members’ Medical Innovation Bill from the late Dr Mario Ambrosini, said that he was so impressed by the progress of the Department of Health (DHA) in their support of the use of cannabis for medical purposes that he could see the possibility arising where he could withdraw his Members’ Bill in favour of broader legislation tabled by the Minister of Health.

He said “there was light at the end of the tunnel” and he himself was on a “high” to learn from Dr Joey Gouws, in charge of regulatory and legislative enforcement at DHA, that regulations on the growing of cannabis, manufacture, dispensing and medical use for medicinal purposes could be in place by the end of 2017 including registration processes and classification systems.

Holistic approach

Dr Gouws was briefing the Parliamentary Portfolio on Health on progress towards the commencement of such a programme and which not only covered the medical use of cannabis as proposed in the Medical Innovation Bill but covered research, registration, manufacture and the scheduling of substances.    Separate legislation would be in parallel amending such Acts as the Drugs and Drugs Trafficking Act.

Regulations were a draft form stage in authorising permits for use by practitioners, analysts, researchers or veterinarians.      In fact, said the DHA team presenting the update to parliamentarians, it might be possible to see certain herbal products with limited THC levels available within three months.

 Worldwide

Dr Gouws said that in the United Kingdom similar legislation, to be enacted, provided for innovation in medical treatment and allowed medical doctors to depart from medical treatments for a condition but the UK Bill did not specially address the use of cannabis. In South Africa, it will be allowed for under specific prescribed conditions for the treatment of certain medical conditions and for education, research and analysis.  Similar legislation in Australia and Canada had been studied.

Patients that are proposed for eligibility are those with severe pain, nausea, vomiting or wasting arising from cancer and HIV/AIDS, including treatment. Muscle spasms and severe pain associated with multiple sclerosis and seizures from epilepsy where other treatment options have failed or have intolerable side effects. Severe chronic pain is included as part of the proposals for indications.

Crop trials completed

The Department of Agriculture, the DHA team said, has justMedicines Control South Africa forwarded the outcome of cultivation trials at four agricultural research facilities jointly overseen by both departments. This would now be disseminated and assessed, which results would form part of the ongoing research by the Medical Research Council and other academic research centres involved in the future clinical use of cannabis.

Currently, cannabis is listed as a Schedule 7 prohibited substance but regulations will shift this towards Schedules 3-6 which are prescription-only medicines with authorised prescribers.   Scheduling decisions involve levels of toxicity and safety; the proposed indication for a substance; the need for medical diagnosis before prescribing; the potential for dependence, abuse and misuse and access disciplines.

Certain cannabis products are prescribed at present but unregulated illegal herbal cannabis, Dr Gouws said, which is grown incorrectly and bought from the black market will have unknown concentrations of THC’s and cannabinoid concentrations combined with potentially harmful ingredients.   Cannabinoid drugs currently used are Dronabinal for loss of appetite during severe illnesses, Nabilone for nausea under similar conditions and Sativex for spasticity.

Conditions of use

If legalised, it will be proposed that objective evidence to support the proposed use of cannabinoids in whatever regulated form must be provided; the manner and duration of treatment provided; a patient must be monitored to ensure efficacy; the treatment outcome reported upon; the physician involved must be a specialist and informed consent by the patient or legal representative obtained.

In questioning the DHA, parliamentarians were particularly concerned that appropriate measures amending the Drugs and Drugs Trafficking Act, the criminal Procedure Act and the Medicines and Related Substances Act were undertaken. One MP remarked that there must be no question of unintended consequences with law enforcement processes in order that criminal procedures under certain circumstances involving cultivation, marketing, administering and research can be clearly separated and easily understood by the South African Police Service.

Dr Joey Gouws said that this matter had already been investigated and the issues involved were with the State Law Advisor at this very moment. It appeared that they were satisfied. The framework for medical use and research had also been submitted, which also included the licensing of growers using controlled cultivation methods for medical, scientific and research purposes. There were various cultivars of cannabis which had different medicinal properties, she said.

Quality controls

The framework being worked to by DHA also includes reaching a standardised, quality assured product for medical use indications, bearing in mind that clinical decision-making in terms of Section 22A(9)(ii) and Section 21 of the Medicines Act must be made to the scheduling of products, Dr Gouws said.

For a while, Dr Joey Gouws said, cannabis as a medicinal drug for pain may remain as a Section 21 drug as things exist until all regulations were in place and registration and classification complete, so that the use could have a controlled start.  Herbal classifications may be allowed far earlier.

ends

 

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Anti Corruption Unit overwhelmed

Focus on top down elements of patronage 

….editorial….As Parliament went into short recess, the Anti-Corruptionhawks-2
Unit, the combined team made up of SARS, Hawks, the National Prosecuting Authority and Justice Department, divulged that some 400 cases of public service corruption have been “successfully prosecuted since 2014”.

Out of hand

To have that number of public service thieves arrested is no small number but there is a worrying afterthought.   One wonders how many Anti Corruption Unit cases have been dropped or unsuccessfully prosecuted, given the fact such icebergcases are difficult to prove and there is often poor performance of by investigation teams. Like an iceberg, probably only one seventh of corruption in the public service is apparent.

sars logoCases currently under investigation in both the public and private sectors were given as 77, now 78 since Tom Moyane, head of SARS and member of the Anti Corruption Unit itself, at the time admitted to the Committee that he had not spoken to the Hawks about his second in command, Jonas Makwakwa.

Laundry list

The question by MPs was about the mysterious R1,2m deposited into Makwakwa’s private banking account.  According to reports it appears Moyane has subsequently rectified the situation and reported the event.  So yet another enquiry must start, which will only exacerbate the relationship problem between Moyane and the Minister of Finance, Gordhan Pravin.

Added to these national events in Parliament is the fact that corruption investigation remains particularly problematic at provincial and local government levels where it can go on undetected. The story emerging from the Tshwane Municipality is a case in point. The National Council of Provinces has no part to play in such matters.

Top down problem

Over the last few weeks, events in the parliamentary precinct have dominated the domestic media and consequently there is no need to repeat what is patently obvious.  South Africa clearly faces a leadership problem as far as financial governance and policy initiatives are concerned.

hawks logo
Doubt has placed, in the media in main, on the leadership integrity of the Hawks, NPA and, to some extent, with the Anti Corruption Unit inasmuch as their relationship with the President is concerned. A weary public waits for the next story of public service patronage.

Public service heads appear at times uncomfortable when they are reporting to Parliament and seem to be looking over their shoulder at times to see if what they have done or said is politically correct. Troubling is the fact that regulatory bodies are at odds with the ministries that founded them.

Bottomless pits

Although progress has been made on the national level in developing legalmoyane frameworks with provisions and regulations to address theft of public funds, such as the Prevention and Combating of Corrupt Activities Act and the Public Finance Management Act (PMFA), the good guys are still behind in the race to catch the bad guys.   A sad conviction rate of 28% on cases brought before the court by the Assets Forfeiture Unit overall was quoted to the Standing Committee.

Poor leadership

On the same subject, the surprising failure by the President to sign into law the Financial Intelligence Centre Bill to fight money laundering in terms of international prudential agreements has represented a further setback. Hopefully this is only temporary since the country needs to join up the dots to encircle organised corrupt financial activity.

Worse, some government SOEs appear to conducting their own affairs without approval by Treasury. Cabinet members are involved. Witness the extraordinary offer made by the Central Energy Fund, reported in the media, to Chevron for its refinery in Cape Town and downstream activities in the form of 850 fuel outlets, presumably backed by the funds emanating from the sale of the Strategic Fuel Fund (SFF) reserves unauthorised by Treasury.

Upstream mayhem

Tesliso MaqubelaDDG Tseliso Maqubela of Department of Energy has now told the media that SFF sold the 10 million barrels of crude in storage in December at rock bottom price of $28 a barrel to a unit of Glencore, Vitol and a company called Taleveras. The condition of the sale was apparently, Maqubela said, “that the oil (will) not be exported and so the government considered it remaining as part of its strategic reserve stockpile.”

Shadow Minister of Energy, Pieter Van Dalen MP, citing Business Day, said the sale has been connected with Thebe Investment Corporation – “the ANC linked investment arm”, he added.   Vitol is the company that has allegedly bought the fuel stock and which owns Burgan Cape Terminals next to Chevron, the deal being linked by Van Dalen with Thebe for the building of its new storage tanks. Burger had just been awarded a 20-year lease by Transnet for land needed.

cape-town-harbourChevron brought to Parliament its case against Burger saying it was improper to build a new tank terminal next to its refinery for Burger to store oil for trading whilst they had no Transnet pipeline to Gauteng as did others from Durban but the chair of the portfolio committee accused Chevron of monopolistic behaviour. Subsequently the complaint was rejected. It was shortly after that Chevron announced its intention to sell its refinery.

Twisting path

Whether the Minister of Energy, Tina Joemat-Pettersson knew all of this when she appeared before the Portfolio Committee of Committee on Energy,tina-joematt her attendance covered in this report, is a moot point.   If she did know something, she is culpable in that she withheld the information, both from Parliament and possibly Treasury.

Alternatively, if she didn’t know that an offer was made to buy Chevron and that SFF had sold the state’s oil fund’s reserves to Swiss giant Vitol, possibly involving Thebe Investments, she should resign immediately as an incompetent.  Where the R4.4bn odd involved in the sale by SFF has landed up is not clear and when the oil will leave SFF’s Saldanha terminal and move to Burger in Cape Town is also not clear.

Clearly, in our view, this has been a major transaction known about at Cabinet level and the DA has called for an urgent enquiry. This will presumably bring the Asset Forfeitures Unit’s number of cases under investigation up to 79.   And so it goes on.  Tegeta and Eskom included.

Nothing but the truth

One senses a continuing cover up by government departments in reporting to Parliament for fear of upsetting any Minister’s apple cart, whereas Parliament should be a refuge of openness, accountability and public oversight on state activities and act as an arbiter to represent the people of South Africa.

vincent-smithIn the darkness, we saw a flash of light and a refreshing change when ANC MP, Vincent Smith, in grilling the Hawks as part of the Anti Corruption Unit interview, reminded them fiercely “This Is Parliament. If you cannot speak the truth, then do not speak at all.”  Whilst that remark may encapsulate the current problem, it may be also the cause of some Ministers and government officials choosing not to speak at all.

Legal jungles

Concurrent with the number of judicial enquiries into strange contracts, bad senior appointments, misuse of privileges and a litany of unaccountable expenditure without proper approval, what also has increased is the statement used by many when speaking to Parliament, including ministers, that the full facts cannot be given “because the matter is sub-judice”.

The number of matters that are sub-judice would not be so great if powers were given back the Treasury to re-assume its proper place in the parliamentary process.  Expenditure, if not approved by Treasury, would never see the light of day.

In conclusion

parliament 6Bad governance and corruption is the fodder that feeds the right wing anger sweeping the world and creates the spectacle that we see almost daily in our National Assembly, the creation of which institution is supposed to be one of the three pillars supporting the Constitution.

Previous articles on category subject

 Parliament, ConCourt and Business – ParlyReportSA

Parliament and the investment climate – ParlyReportSA

Anti-corruption law is watered down, say critics – ParlyReportSA

Nkandla vs NDP: the argument rages – ParlyReportSA

Parliament closes on sour note – ParlyReportSA

 

 

 

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Broadband allocation could involve SABC

ICT White Paper to set up broadband allocation…

An Integrated ICT White Paper involving broadband allocation is in its final stages of preparation involvingSiyabonga Cweley consultation with various parties, said Telecommunications and Postal Services Minister, Siyabonga Cwele, during his Budget vote speech to Parliament.  This matter is a long outstanding issue in the industry and delays are imperiling broadband development.

What has concerned Opposition members during earlier parliamentary meetings on the subject was the remark by the Minister that “Some of the delay has been the delay to allow the Department of Communications to make a contribution to the decision regarding allocation across the spectrum and how this would be applied.”

This remark must be seen in the light of the fact that the two ministries and departments were split some five years ago and the conclusion is that Minister Faith Muthambi and the SABC under it’s new and controversial head of broadcasting, Hlaudi Motsoeneng, has been drawn into the equation.

Minister Cwele also said at the time that also added that his Ministry was working with Treasury to establish a “funding model” for the broadband “roll out”, estimated at R67bn.

Spectrum policy included

In his budget speech, Minister Cwele re-affirmed that the White Paper would be supported by a new Spectrum Policy Paper in order to provide for “open or public access networks and opening up the use of high demand broadband spectrum for use by all licensees while adequately compensating those who invest in infrastructure.   All South Africans must benefit from participation in the digital society, he said.                                  ‘

Until now, there have been a number of unfortunate reasons for the holdup in broadband which have been given by government in parliamentary meetings to date. With both DTPS and Minister Cwele present at the most recent parliamentary meeting before Parliament with ICASA as the regulatory body also  present, it became quite evident  that the two were at loggerheads on the manner and method of spectrum allocation.

Different signals

Minister Cwele, during the portfolio meeting, prioritised his department’s requirement as being the need to

transform the sector to ensure meaningful Black participation when allocation takes place. ICASA meanwhile placed far less emphasis on this, preferring an allocation on an “auction” basis style whereby bidders not only name their price but declared their additional contributions to Black upliftment and general social and community development programmes, knowing this would more likely attract outside investors.

Dr. Cwele admitted at the time that “broadband allocation is perhaps the biggest regulatory bottleneck in the South African deployment of wireless technologies at the moment.”

Minister says industry “monopolistic”

In his subsequent budget vote speech he notably remarked, “Radical supply side interventions will reduce barriers to investors by moving away  from monopolistic infrastructure allowing for competition in opening access tobroadband broadband networks”.

The Minister told MPs in his speech that the White Paper will provide for “a simplified, streamlined and nationally coordinated framework to accelerate the use of networks meaning, he said, a capability to “drastically reduce the costs to operators and, down the line, to consumers.”

This issue has been plaguing the South Africa consumer market for a number of years, he added, and it was widely accepted that with the growth of cell phone usage by all income groups, he said, the present pricing cannot continue at the expense of ordinary households.

Domestic WiFi roaming

Separately, private sector operators such as Cisco have said that any such move will present mobile operators intelecommunications South Africa with a tremendous opportunity to optimize capital and operational expenditures and improve user experience.

From discussion after the Minister had spoken, it emerged also from MPs that the more mobile data offloaded makes viable alternative to mobile broadband users in crowded locations such as shopping malls where spectrum availability for present mobile access to networks is limited.   In addition, it was noted that a bigger data offload will give operators the opportunity to reduce data costs, allowing them to accelerate adoption of competitive market share opportunities. The Minister made no comment on this and it was clear that the BEE component was a ministry priority.

Crosscutting in government

HlengiweMkhizeThe Deputy Minister of Telecommunications and Posts, Hlengiwe Mkhize, followed up the Minister in her address to the committee by focusing on “discussions taking place with the labour, public service and administration and higher education and training departments to boost ICT skills.”    She also mentioned that the White Paper would map out some of the internet connectivity plans for the rural economy to stimulate growth and opportunities.

In response to both Minister’s briefings, the following day in debate Opposition members said as far as the public service use of broadband was concerned in all aspects of communications, health and education, “it was time for the discussions to stop withe other departments and for the roll out to begin.”

 MPs noted the comment that out of 46 African countries surveyed, the cheapest mobile prepaid product in South Africa is still nearly 7.5 times more expensive than the African continent’s cheapest similar product.   The South African government is one of the smallest users of broadband facilities in the world, according to Cape Town based Research ICT Africa.

 Previous articles on category subject  

Broadband allocation on its way – ParlyReportSA

Govt and Nersa differ on broadband – ParlyReportSA

Overhaul of broadband policy underway – ParlyReportSA

Parliament gets final dates for digital TV – ParlyReportSA

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Central Energy Fund hatches fuel plan

A lot going on at Central Energy Fund…..

Central Energy Fund (CEF), the state utility which controls the Strategic Fuel Fund (SFF) and fosters PetroSA, cef logohas again been outside of a plan that has Parliamentary approval or, it appears, Treasury knowledge.    CEF falls under the aegis of the Department of Energy (DOE) and is therefore responsible to Minister of Energy, Tina Joemat-Pettersson.  Clearly there is much going on of which Parliament knows nothing – in recess as it is.

The history of CEF’s  problems go way back before the period during which  previous Minister of Energy, Ben Martins, held office and even before Ben Martins, as an MP was chairperson of the Parliament Portfolio on Energy. Most of CEF’s troubles appear to involve the fuel storage facilities  at Saldanha Bay on the West coast and PetroSA’s operation on the East coast, causing considerable negative comment from the portfolio committee and Ben Martins himself at the time. Sadly, Minister Martins was not chosen to remain by President Zuma.

tina-joemattQuite clearly a plan has been hatched to meet Cabinet ambitions.

Glaring omission

It was only after  Minister Joemat-Pettersson’s current budget vote speech did the investigative journalism of the newspaper media discover the sale of almost completely the entire SA reserve oil stock of the Strategic Fuel Fund (SFF) held at Saldanha Bay.

Not only was the sale concluded without any mention but the quantity of fuel involved appears to have been a major financial  decision  undisclosed in any cabinet statement.    It appeared that CEF had allowed SSF to sell 10 million barrels of crude — close to the entire stockpile — in a closed tender at the point that the oil price had bottomed at somewhere around R34 Brent.

It also appears that this was without the agreement of Finance Minister Pravin Gordhan and Treasury whosepravingordhan concurrence is needed under the Central Energy Fund Act.  How this will play with Treasury and the Auditor General is not clear, nor whether when and how CEF intends to replace this. The Democratic Alliance will no doubt be asking for answers in parliamentary question papers.

What the Minister said

It is interesting to note exactly what the Minister had to say to Parliament about SFF in holding back, it appears, on such major financial move. She told MPs that in line with the Presidential Review Commission on State Owned Entities (SOEs) that her Ministry had been working towards “a review of the composition of the CEF Group of companies.”

She went on to say, “Our work in this area includes the strengthening of the entities in the oil and gas sector and the stated policy objective of the creation of a stand-alone national oil company, using PetroSA as a nucleus.”
SFF had a good revenue base, she said.

saldanah bay 2“We shall finalise this work by October 2016”, Minister Joemat-Pettersson said and she would revert to Parliament on Cabinet views and strategies for a revised energy sector framework. “Accordingly, in 2015, the Ministry of Energy issued a ministerial directive for the rotation of strategic stocks in the SFF and this has resulted in an increased revenue base for SFF whilst at the same time maintaining stocks within our storage tanks for security of supply.”

Long term view

“This as a result, the Minister continued, “of a long term lease and contractual agreements with the buyers. The estimated revenue to accrue from this process is around R 170 million per annum, significantly boosting the balance sheet of the SFF.”

The Minister concluded that through the rotation of strategic stocks and trading initiatives the SFF had further consolidated its ability to be self-sustainable. “This has also allowed us to replace the unsuitable stock that we have been storing in our tanks which has been both uneconomical and did not contribute to security of supply.”

“The SFF will continue to ensure that it is able to respond to any shock in the market, whilst optimally making use of the opportunities presented in an evolving oil sector”, she concluded regarding West coast activities.No figures were given nor a clear indication mentioned that a sale had been concluded.

  SASAL LOGOHowever she was particular in supplying numbers regarding the joint venture between Sasol and Total when she said, ” Effective from 1 July 2006, Sasol Oil sold 25% of its shares to Tshwarisano LFB (Pty) Ltd, a broad based black economic empowerment consortium comprising of 150,000 direct shareholders and 2,8 million beneficiaries. The value of this transaction amounted to nearly R1.5 Billion, making it a significant BEE transaction in the liquid fuels industry.”

Trading nightmare

Therefore, the sale of nearly the entire reserve held by SFF, whether it is kept in the same tanks at Saldanha or not, at an oil price when at it’s very lowest, “suitable” or not, and being obliged by the Act to eventually replace it some later point should get an explanation.   However, it seems that there was an incentive to sell.

Also, to have to buy back at an oil price which is currently already well over double would appear to be completely against the tenets of the Public Finance Management Act; what the Auditor General is bound to call “fruitless and wasteful expenditure”; and contradictory terms of the Minister’s statement to Parliament that the SFF “has the jacob zumaability to be self-sustainable”. Unless, of course it is bolstered by external funds. 

Gas nightmare.

Parliament is of course closed for the election recess but no doubt there will be a parliamentary uproar on the subject – if not an investigation, which will come on top of the further current investigation of CEF’s activities as far as PetroSA is concerned.Once again the question will arise on how it was possible for PetroSA to continue with Project Ikhwezi when drilling for gas for two years in an area already defined by experts as impractical in lieu of fault lines in the projected gas field.

Central Energy Fund seen as politically driven

R11.7bn was the total “impairment” of PetroSA, the result of underperformance of Project Ikhwezi in its efforts to supply gas onshore to Mossgas. The total PetroSA loss for 2014/5 was in reality R14.6bn after tax. Currently a team comprising of industry experts is now defining a new strategy to save the PetroSA in its offshore struggle on the East coast, according to DOE reports to Parliament.

Roughnecks wrestle pipe on a True Company oil drilling rig outside WatfordThe experts were not named but the exercise is entitled Project Apollo and reports were also given to Parliament that the team has progressed well so far, said controlling body Central Energy Fund during 2015.

PetroSA was originally flagged by Cabinet some twelve years ago as “South Africa’s new state oil company”.     Last year, CEF described at the time PetroSA’s performance in their annual report to Parliament as “disappointing”, resulting in harsh criticism last year from the Portfolio Committee on Energy. The subject was not raised this year by the Minister in her Budget vote speech.

Failed deal

What, however, was raised in opposition questioning in the National Assembly by Pieter van Dalen, DA Shadow Deputy Minister of Energy, was Central Enegy Funds venture into the proposed purchase of Engen’s downstream activities from Malaysian company Petronas, known as “Project Irene”. This was understood to be the Cabinets secret plan to own the promised state oil company.

fuel tanker engenThe purchase from Petronas, who own 80% of Engen, was an attempt through Central Energy Fund to gain a foothold in the fuel retail and forecourt space by acquiring a stake in Engen, South Africa’s largest fuel retailer. The remaining stake is held by the Pembani Group.

First try

The board of PetroSA was repeatedly advised by both transaction advisers and the Treasury, according to Deputy Shadow Minister van Dalen, “that the proposal to buy the Engen stake did not make good business sense.”
“However,” van Dalen said to MPs, “the project was strongly championed by Minister Joemat-Pettersson and President Jacob Zuma. In the end, the deal fell through due to lack of financing.’These sort of things cannot go on”, he said.

The last word

This particular meeting in the National Assembly was completed by Shadow Minister of Energy, Gordon Mackay,gordon mackay DA attacking the Minister for “misleading the country on nuclear energy deals.”

He concluded after a long speech on the subject of the proposed nuclear build programme and what he referred to as “anomalies”, with the remark “We must ask ourselves Chair – why is our government doggedly pursuing this nuclear deal. It is clearly not a deal in the interests of the poor. It is clearly not a deal in the interests of business. It is clearly not a deal in the interest of the nation.”

Gordon Mackay did not know about the Chevron approach, or at least he did not indicate that he did.

Previous articles on category subject
Central Energy Fund slowly gets its house in order – ParlyReport
PetroSA on the rocks for R14.5bn – ParlyReportSA
Chevron loses with Nersa on oil storage – ParlyReportSA

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International Arbitration Bill to replace BITs

Arbitration Bill gets SA in line with UNCTRAL …..

global trade graphicThe tabling of the International Arbitration Bill in Parliament will see ‘normalisation’ on a number of issues regarding arbitration between foreign companies operating in South Africa. This is if the Department of Trade and Industry (DTI) policy recently expressed in Parliament by Minister of Trade and Industry, Rob Davies, is to be understood.

The Bill, as is the case with all international legal matters, will  be tabled by the Minister of Justice and Constitutional Development according to a government notice recently published.      Not all investors are necessarily impressed however, some preferring state-to-state bilateral trade treaties (BITs).   South Africa is now adopting the broader approach adopted by some international countries, including China.

Allowing arbitration outside of local courts

As far as is understood, as non-legal observers, formal agreement on the allowance on arbitration proceduresarbitration according to agreed procedures between trading parties will be instituted and local court procedures can be avoided if so wished.  The fact that South Africa has also very recently announced the launch of the China Africa Joint Arbitration Centre (CAJAC), “symbolising the deepening economic relationship between China and African economies”, seems to provide a background to the proposed Bill.

The route now to be followed by South Africa, it appears, is one of a number of limited ways that can improve access to justice services for companies doing business outside the country and foreign companies operating in South Africa and this seems to be the basis of DTI thought on the matter.

Down the track

Legal advice is better followed but a draft Bill it would now appear is being concluded in parliamentary terms.

unictral 1Such arbitration methods have terms which are non-country-specific.  In terms of adoption, the standards of ethical conduct devised by the UN trade body, the UN Commission on International Trade Law (UNCTRAL) and its manifesto, according to the background of the draft Bill, have been included.

BITs on way out

International arbitration can then be operated,it is proposed, between companies or individuals in different states usually by including a provision for future disputes in a contract with UNCTRAL. This is the next stage of the DTI’s moves to finalize the policy of discontinuation of bi-lateral trade agreements (BITs) with individual countries. The whole issue is based upon disputes that may arise and the new Bill now before Parliament follows the new route, which may mollify those parties complaining of BITs discontinuation.

More importantly DTI states, it lines South Africa up with the Model Law on International Commercial Arbitration, which has been adopted by UNCTRAL.   This model law is not binding but individual states may adopt such legislation by incorporating it into their own domestic law, which is now proposed.

It is understood that the current legislation could bind South Africa as a UN member of UNCTRAL but the rules to be adopted are a separate issue at the moment and will govern individual companies in any dispute that may arise under the new circumstances.

Again, specialist advice should be sought on this whole subject.

Previous articles on category subject

Protection of Investment Bill finally passed – ParlyReportSA

Changes to Protection of Investment Bill – ParlyReportSA

Promotion and Protection of Investment Bill re-tabled

Promotion and Protection of Investment Bill opens up major row – ParlyReportSA

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Here it comes again…. the Traditional Courts Bill

Dubious motives ……..

justice minister masuthaMinister of Justice Michael Masutha is to re-table once again the Traditional Courts Bill setting up a parallel system of justice in rural areas,  he says.   Minister Masutha was appointed by President Zuma in May 2014 and this same Bill, known to have the President’s wishes behind it, was withdrawn last year in the form it was proposed. It was thought by many to have been scrapped.

Whether this is an election ploy or whether a draft will actually appear from the Ministry of Justice for public comment remains to be seen. Should it appear, in whatever shape and form, it will have to be debated as a Section 76 Bill by all nine provincial legislatures. At least five would have to approve it for the Bill to move forward from the NCOP to the National Assembly.

Gender insensitive

It was said at the time by the media when President Zuma originally withdrew the Bill that it had been proposedtraditional chiefs
as a trade-off with traditional leaders to get rural support. The Bill then was perceived as chauvinistic by many and was certainly frowned up by legal professionals as a distinct attempt to set up two legal systems and was therefore constitutionally unacceptable.

Lulu Xingwana, at that particular time Minister of Women, Children and People with Disabilities, said the proposals “took the issue of women’s rights back into medieval times”. Her ministry was subsequently closed down.

Unexpectedly, the incumbent Minister of Justice, before his 2015/6 budget vote debated just before Parliament went into recess, told a parliamentary media briefing that he intended to re-introduce the Bill as “a priority”. He added. “We are working with representatives from traditional leadership and civil society to take this process forward, with a view to introducing the Bill in June.”

Majority provinces voted against

butheleziDr Mangosuthu Buthelezi, in his capacity as leader of the IFP, said of the old Bill when it was debated by all nine provinces, that five provinces had put in votes to scrap the proposals entirely, two would not make a decision and only two were in favour. Even then, said Mangosuthu Buthelezi, the two in favour did not support all the Bill’s provisions. In the end, he noted, the Bill did not even get past parliamentary committee stage in the NCOP.

“Its demise marked a major victory for rural people who had opposed it”, he said.    Mangosuthu Buthelezi’s view was that the Bill would bring oppression by traditional and unaccountable leaders many of whom were apartheid appointees. “It would have meant also the resuscitation of some of the boundaries of the old Bantustans”, he added.

Four tiers of govt

Chief Buthelezi also noted at the time that the Bill would mean that chiefs would become a fourth tier of government, something the country could ill afford. The Minister of Justice’s next move should be to gazette a draft for public comment.

Previous articles on category subject
President Zuma determined to push Traditional Courts Bill – ParlyReportSA
Zuma goes for traditional support with expropriation – ParlyReportSA

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SAPO – one big bungle at taxpayer’s cost

Total management failure…..

The horror story of the uncontrolled mess in the South African Post Office (SAPO) and how this state entity,
without forSAPOmal management control to speak of and facing imminent danger of structural collapse, was reported upon in Parliament recently

The route to near bankruptcy was recounted to the Standing Committee on Public Accounts (SCOPA) by current SAPO board chairperson, Mr Simo Lushaba, who had been summoned to explain the crisis at SAPO, accompanied by the new CEO of the Post Office, recently appointed Mark Barnes.  Comments were added by Minister of Posts and Telecommunications, Siyabonga Cwele.

Previously Mark Barnes had tried to respond to the call by SCOPA to report but the meeting had to be abandoned, incurring the ire of the Committee, since it is the chairman of the board of the state entity in question, in this case Simo Lushaba, who can only respond to a SCOPA call as the nominated person in terms of parliamentary procedure was unavailable.

Rulings are clear on this, as is the Public Finance Management Act (PMFA) in the case of SOEs.

Poor management

Immediately, it became evident in the meeting that whilst the worst period of poor management in SAPO had occurred in the last two years culminating in four strikes in 2015, although not necessarily connected issues, the common factor was a collapsing management hierarchy over a number of years beforehand.

Senior officials, it appears, throughout the organisation were totally out of touch with employees and no overarchingSimo Lushaba managerial directives were passed according to any form of plan. The disastrous current situation was a culmination of “systemic mismanagement over a long period of time”, said Lushaba.

The SAPO board chairperson said SAPO did not have the cash available to continue with legal disciplinary proceedings against the former CEO and CFO, both persons having received a total of R5.7m in salaries whilst suspended for a year, during which it was alleged that they were responsible for the chaos when in control of SAPO.

The SAPO board had decided to cut its losses and halt the legal proceedings with regard to the legal case. “It was not an ideal outcome but unfortunately it was just taking too long, plus we did not have the money to follow the case through”, said Lushaba.

Ship with no rudder

When asked for sum up comments by MPs of the SCOPA committee towards the end of the meeting, new CEO Barnes said that SAPO, as an entity, was currently suffering a loss of about R125m a month. He told sapo queuesparliamentarians that twenty-five post offices had been closed down, some of them because of rent arrears.

Despite a further allocation of R650m in terms of the last Budget allocation, “this came nowhere near to eliminating the mountain of debt which amounted to more than R800m by March 2016”, he said.

With a balance sheet such as this, he said, “a government guarantee was no longer sufficient to persuade banks to lend SAPO money, despite Treasury agreeing to extend on its repayment loan date.” An immediate cash injection was the only route, he said, and that was on its way as agreed to by the Minister of Finance and Treasury. “This means that SAPO can pay its some of its creditors within the next few days”, he said.

Compromising with creditors

“The very existence of SAPO under threat on a daily basis is evident as creditors understandably want simple proof of future income which is extraordinary for a state entity”, Barnes said.

“Every month the delay in paying creditors has made it increasingly difficult to continue operations and negotiate commercial contracts on favourable terms since there is a total lack of trust on the part of suppliers.”

CEO Barnes said there was now a plan in place to turn around the organisation, with an estimated loss of R1.5bnsapo3 expected for the current year, adding to the R1.2bn loss for R2014/5. By the end of 2017/8 there could be a small gain reflected on the balance sheets. But the plan still hangs in the balance awaiting decisions from banks, he said at the time.

He also said he was “disturbed by the fact the banking sector did not automatically accept government guarantees”. This fact was slowing the downturn around and the plan was losing momentum. He suggested that the state should take another view on their relationships with the banks and enormous sums of cash they receive from the state to pay public servants.

SAPO was already three months behind in its strategy to achieve future successful financial outcomes whilst the banks made up their minds and Treasury despatched the cash on a painfully slow basis, he noted.

Oligarchy over

He stated that never again should SAPO ever be “a one man one show business.” It could indeed be rescued, he said, and made profitable in the next three years but no sooner and it could become a valuable asset in five years.”

This could be achieved by doing vigorous work to identify every source of loss, he said. The memory of the postal strike was also very evident with all speakers, still not resolved in entirety.

Mark Barnes“The Public Finance Management Act is the challenge”, CEO Barnes noted. “The competitors of SAPO make decisions in three to six minutes whilst SAPO made decisions in three to six months.” It was clear he included Treasury in this remark.

He stressed that PostBank was unaffected by SAPO’s trading deficit since it was an entirely separate enterprise holding some R7.3bn in cash in the form of savings. In this area lay the future, CEO Barnes said, adding that SAPO had to turn from a postal operation to a faster and cheaper package/courier service for the citizens of South Africa.

Minister weighs in

Minister Cwele added to this comment when he noted that reckless trading decisions had been made when globally mail volumes were going down. There were far too many post offices in unprofitable areas paying enormous rentals to developers all resulting from the days when it was “the hype to have a post office in every major shopping centre.” This was bad management and bad thinking at the time, the Minister said.

cweleHe pointed out that Parliament had passed the Post Bank Act and the PostBank could eventually work as a limited savings banker and bank operator in post offices, especially in unreachable areas where the private sector did not wish to venture, if not in small towns as well.

The Minister said that at some stage strategic decisions needed to be taken on such issues and also such matters as government officials being paid through PostBank. The Minister echoed the view that post offices should become competitive, low cost, courier service providers as well as handling smaller volumes of mail now being experienced and be run individually on a profit basis.

Where the money is

A recent survey had been conducted of post offices running at a loss and those most profitable, the Minister said. The most profitable were in the old Transkei area in the Eastern Cape and the one post office running at the biggest loss was the Sandton Post Office, he concluded.

Chairman Lushaba explained that the service called PostBank was a division of the post office. There was a risk osapo7f talking of the organization as a whole. For example, the disaster recovery IT programme of PostBank had worked well but the IT problems of post offices itself were still causing high risk. For example, he said, the entire post office backup system was on its own system and there was no separate system to switch to. He wondered how such elementary mistakes had been made.

Bad record

During the debate on a litany of irresponsible financial decisions, absent financial systems and even the lack of a working asset register, it emerged after a full day of reporting and cross questioning by MPs that a call had to besapo5 made for upgrading of IT and general management skills, Treasury officials present took a dim view on the future unless this was done, they said.   The question of basic training was also seen as an impediment as was the lack of broadband facilities to improve the IT position.

SCOPA demanded, as a committee, that the previous CFO and CEO be brought to book since, besides matters involving the rejection of the auditor general to undertake an audit; the inability to produce a balance sheet and ignorance of the Public Finance Management Act in all matters of procurement, criminal charges should be investigated as a matter of course and with speed.

Previous articles on category subject

Lack of skills hampering broadband rollout – ParlyReportSA

The big SA cabinet crunch – ParlyReportSA

Broadband allocation on its way – ParlyReportSA

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Red Tape Impact Assessment Bill welcomed

hendrik krugerLegislation to be sifted for red tape….

In what appears to be a carbon copy of what has been achieved notably in Australia and to a lesser extent in some ten other countries, DA MP Hendrik Kruger has introduced a refreshing draft private member’s bill, simply called the Red Tape Impact Assessment Bill.

Hon. Kruger serves on both Parliament’s Portfolio Committee on Small Business Development and the Agriculture, Fisheries and Forestry Committee and his service therefore as a member of Parliament would indicate that he knows what he is talking about.

Regulatory Impact Assessments have been considered and skirted around for years in South Africa but the terminology “red tape” indicates a more direct approach that has been adopted towards this crippling issue for small business and the farming community.    It should go a long way towards assisting business and investment if applied in a generalised manner.

Magic words

lawyerbriefsThe preamble to Bill states its aim as legislation “to provide, inter alia, for the assessment of regulatory measures developed by the executive, legislatures and self-regulatory bodies, in order to determine and reduce red tape and the cost of red tape for businesses.”

A copy of the draft Red Tape Impact Assessment Bill and a memorandum setting out its intentions are obtainable by simply going into the Internet where a copy in Word is available. Comment is now called for in terms of the rules of the National Assembly since it is a private member’s bill.

Such is introduced with the permission of the Speaker of the House resulting in submissions to Parliament itself. Probably hearings will also be called after the Bill is properly tabled.

The detail

The description of the Bill is summarized as follows: – “To provide for the assessment of regulatory measures developed by the executive, the legislatures and self-regulatory bodies in all three spheres of government, in order for them to detect and reduce red tape and the cost of red tape for businesses.”

Also, the promoters say, it is to provide for the establishment of administrative units to assist in the red tape impact assessment process and to prepare red tape impact statements. This unit should provide assistance to businesses in overcoming red tape challenges and carry out “mapping exercises” for the preparation of red tape impact statements for a regulator to pronounce upon.

fin 24In an interview with Fin24, Hendrik Kruger gave an example of how the Bill would work. “Take the Small Business Act” he said, “They are going to have to unpack it, assess it and see what the actual impact is of red tape on small business.” Mapping as a process involves going through the whole Bill and stating the red tape impact of each requirement or clause with one aim.…the cost of the Bill to business, he said.

He quoted an example. “If they say you must go twice a year to SARS office to get a tax clearance certificate, then they will cost that action. Then they will say, alright it cost let’s say R1000. But there’s about 100 000 small businesses in South Africa, so just to get a tax certificate once a year costs business 100 million bucks.”

“Tax certificates are important”, he acknowledged, “but if we do it every second year, then we save R50m from the GDP that’s previously been wasted. Can you see the enormous cost nationally, something we don’t know at the moment?,” he asked the interviewer on Fin24.   “Government just says, go get a tax certificate. Bu

parliamentary library

parliamentary library

t to tell all of that national cost to an individual official is a bit of a problem, so we must legislate for it.”

Red tape in Oz

Christian Porter, the MP who introduced a similar private member’s Bill to the Australian Parliament in Canberra claimed that “the bulk repeal of regulations introduced by the Attorney-General, was likely to repeal over 10,000 legislative instruments and over 1,800 Acts of Parliament”.

In Australia it appears that the legislation was more over-arching, with a rule claiming that regulation should not be the default option for policy makers but rather the policy option offering the greatest net benefit.

red tapeThe Australian Bill also referred to the cost burden in that every substantive regulatory policy change must be the subject of a Regulation Impact Statement; that regulators must consult in a genuine and timely way with affected businesses, community organisations and individuals; policy makers must consult with each other to avoid creating cumulative or overlapping regulatory burdens.

Also the Australian version stated that the information upon which policy makers base their decisions must be published at the earliest opportunity; regulators must implement regulation with common sense, empathy and respect and all regulation must be periodically reviewed to test its continuing relevance.   The Australian government claims that in fact some A$2,5bn has been saved through these measures since September 2013.

Outcomes

Western Australian Mines and Petroleum Minister Bill Marmion put it well when he remarked that when introducing the same sort of state Bill in mining regulations, that whilst “cutting red tape” has strong political appeal, the broader, more significant objective is to ensure laws and regulations respond to economic, social and environmental demands and that regulations operate as effectively and efficiently as possible.

South Africa named

Insofar as SA is concerned, both the IMF and World Bank have both stated the “cost of doing business in South law south africaAfrica is unnecessarily high” but the relation between the necessity for a regulation and business cost of such a move has never been formulated, records show.

In his interview with Fin 24, Kruger said that the average government staff member has never really heard of the expression ‘cost of doing business’ and has little perception of what this means “to the outside world.”

Commentators at this stage have indicated that across party lines reaction to this Bill might be favourable and have said it might be the time for business and industry to rather relate the term ‘cost of doing business’ to more straight forward terminology such as cost in terms of loss of jobs.

Previous articles on category
Licensing of Businesses Bill re-emerges – ParlyReportSA

Business Interests Bill to expose government corruption – ParlyReportSA

Minister Davies withdraws Licensing of Businesses Bill

Licensing of Businesses Bill to set norms – ParlyReportSA

 

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Parliament: National Assembly traffic jam

editorial…….

Massive public service vs National Assembly…..

During the last few weeks, the sheer volume of meetings in the National Assembly of Parliament to consider eachnational assembly members government departmental budget vote and each of the departmental five-year strategic plans has been overwhelming. Little of legislative consequence emerges during such a period each year, other than the tabling of technocrat Bills rather than important policy making legislation.

Sadly to say, not too much attention is paid by the media to any of these meetings. Big plans, impressive targets, promises to overhaul this, that and the other. Most working journalists of experience have seen it all before and mostly they try to get statements on issues from either the Minister or Deputy Minister beforehand.

Time is of the essence for all. But why is this period of the parliamentary diary so extraordinarily busy?

Traffic jam in Parliament

There is unfortunately a simple answer. With too many people trying to do too much in limited government hours, the resulting traffic jam results from the fact that South Africa has probably one of the largest government structures per head of population in the world, if not the largest. If it was one of the best, as far as delivery was concerned, probably this might be acceptable but sadly it isn’t and most, both locally and internationally, know it.

unionbldgsIn the fight that has now started to prune costs, moving Parliament from Cape Town to Pretoria has been suggested on the basis that this might save considerable airfare costs, time spent sitting in aircraft and train seats when the country needs one’s administrative time in the office and pointless time spent on hotel accommodation honing up on the next day’s parliamentary presentation.

However, all of this is only a manifestation of the real problem and it does not answer the question of why Parliament is so busy at this time of year.

Odious comparisons

Minister of Finance, Pravin Gordhan is obviously in an extremely embarrassing position. He must realize himself that the Cabinet to which he belongs is arguably one the largest in the world evidenced by the fact that whilst there are thirty-five very highly paid ministers in the South African Cabinet, the USA has a “cabinet” of sixteen. China pushes it a bit with twenty-five and India manages one of the biggest populations in the world with twenty-three.

It all becomes slightly ludicrous when an additional thirty-seven Deputy Ministers are weighed in to Team South Africa.

Wrong ratio

Down the line and aside from the cost of running all these ministries, the thirty-five departments belonging toparliament mandela statue these Ministers, accompanied by some seventeen of the larger SOEs, must all report to a totally disproportionate number of MPs in Parliament, both in the portfolio committees in the National Assembly and the select committees in the NCOP.

Hence the parliamentary traffic jam at this time of year. All this at the cost of quality oversight (the job of Parliament) and the slowing down of urgently needed legislation. Meanwhile, the number of MPs is governed by the Constitution. The number of cabinet ministers and departments (and consequently the ballooning public service) is governed by the President.

The answer to the parliamentary traffic jam problem and the imperilled and much-needed cost saving exercise in terms of the Budget is therefore really a complete no-brainer.
Previous articles on category subject
The big SA cabinet crunch – ParlyReportSA
Special cabinet statement might correct damage to SA – ParlyReportSA

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Broadband allocation on its way

Minister wants BEE ownership in broadband…..

sent to clients 20 March….As if nobody knew already, the Minister of Telecommunications and Postal Services,cwele Dr Siyabonga Cwele, told Parliament that broadband allocation is perhaps the biggest regulatory bottleneck in the South African deployment of wireless technologies.     He said, at the same time, he wants to see Black owned companies have their fair share of allocation.

However, both he or his department (DTPS) and the regulatory body ICASA seem to be at odds on the system needed to allocate the spectrum, particularly in the area of setting aside sufficient spectrum to support Black broadband development and ownership specifically.    The fight to deliver urgently more high-speed bandwidth to South Africans generally is being slowed down it seems by this difference in opinion expressed.

global broad bandPresumably, the delay is all about whose satellites we use – Chinese, Russians or the US accompanied by an intelligence risk – or do we go via the masts owned by the private sector. Minister Cwele probably suspects any such deal with the private sector will not serve black interests in the proper manner. Digging trenches and laying down optic line cannot be any kind of answer.  In telecommunications all is political, rather like the nuclear issue and the similar problems faced by department of energy – the political structure overlays the practical answer.

Dr Cwele has now said the final policy paper is on its way to Cabinet.

One on one

In an extraordinary meeting with the Portfolio Committee on Telecommunications and Postal Services, both parties explained their views with the views of MPs to be added to what has become a national debate dominated to an extent by Minister Cwele’s views.

The background to the impasse is that the Electronic Communications Act empowers the Minister to issue policy directives but ICASA does not necessarily have to accept such. To distill the views of each into a few words is difficult but clearly the driving principle behind Dr. Cwele’s approach is an allocation which favours black transformation in control of spectrum whereas ICASA prefers an allocation more on an “auction” basis, whereby bidders not only name their price but then add their additional contributions to Black upliftment and general social development.

cell phone mast graphicVodacom, MTN, Telkom, Cell C and Neotel have in the past sunk enormous sums into the development of communications structures but the current delays in allocation are, according to reports, hurting the industry but their BEE structures are shallow, say insiders.

Dedicated view

Industry sources said before the meeting “Minister Cwele is seized with the need to transform the sector to ensure meaningful Black participation but spectrum allocation cannot be granted in the same way as the granting of concessionary mining licences, for example, if Black empowerment is the goal.”

The principles of the allocation process as stated by DTPS are indeed noble, as quoted in the relevant draft Policy Paper before Parliament, which state that the aims of the allocation policy are to:

• Promote the effective and efficient management of spectrum to ensure
  agility, flexibility and adaptability in spectrum administration
• Reduce bureaucracy and streamline processes for spectrum assignment
• Support the attainment of the national broadband targets set out in the
  South Africa Connect programme at speeds and in the time frame outlined
• Provide clarity on the treatment of spectrum in instances where demand exceeds supply
• Set aside spectrum for use on an open access basis with joint private sector investment
• Support the provision of, emergency services, safety and security and sector-specific operations

Milder

In the parliamentary debate, Sipho Mjwara, Acting DG, DTPS, was more conciliatory and said the spectrum was a public resource belonging to all people and DTPS had to apply itself on how to deal with this for the benefit of all. Currently the spectrum was operating on a first come, first serve basis but this principle certainly did not benefit all. He said there were “barriers to entry for small companies and artificial monopolies helped little.”

This was followed by comment from the Deputy Minister, Prof Hlengiwe Mkhize, who said it was “more logical” not to shrink away from exercising the mandate of DTPS to follow the NDP on broadband roll out. “The pillars that need to be in place must include those that had previously been excluded”.

Money must talk

Pakamile Pongwana, CEO of ICASA, responded that from an international perspective it was no longer the policy,icasa ceo as had been the case in the past, of getting maximum fees into the fiscus but the needs of complete coverage of the country. It was a combination of coverage and fees, Pongwana said.

Germany had raised money from the spectrum divide, he said, but they had included a proviso that bandwidth would only be released when rural areas had been covered. He added that other countries were already looking at 5G networks while South Africa was still looking at LTE use. “We have to stop playing catch-up”, he said.

War of words

From the debate between all groups, DTPS, ICASA and parliamentarians, it became obvious that there is an ideological battle going on. The industry sees the independence of ICASA as regulator at stake, industry sources say. The Minister said he had looked at the idea of the allocation of “set asides” for high demand spectrum but added “the Department wants the whole pie to be available for all South Africans. We are in a situation where a duopoly owns 80% of the spectrum.”

However Pongwana concluded, “The allocation of spectrum was the country’s policy choice and the assignment would be by the Regulator and be in line with procedures. While there was long term licensee allocation there was short term spectrum allocation and the Department wanted to give certainty to licensees.”

Money, money, money

moneyOn the question of infrastructure spend, DDG for ICT Infrastructure in the DTPS, summarised government views in the meeting when he said that in a country like South Africa with infrastructure and access gaps, the question had to be asked whether the country wanted to raise money as its main goal. He said it was more about service and reaching all South Africans as part of the NDP but in an equitable manner.”

Whether it would be for free or go to the highest bidder were questions the DTPS was considering as it looked at all approaches. It would probably not be for free, he said, but there had to be a compromise where small companies are not at the mercy of big companies “because of market power relations.”

The Minister concluded that all in DTPS were listening to the views of the public and industry.

Ministerial clusters.

The next step before submission of the new Spectrum Policy to Cabinet during March was to consult with the particular clusters as part of the ICT Policy White Paper procedure. Once the Spectrum Policy had been approved by Cabinet and gazetted as part of the ICT White Paper, ICASA could proceed with the licensing process on the agreed basis.
Previous articles on category subject
Lack of skills hampering broadband rollout – ParlyReportSA
Overhaul of broadband policy underway – ParlyReportSA

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MPRDA Bill returned to National House of Leaders

Some sort of movement on MPRDA at last……..

sent to clients 18 March…..In a parliamentary document recently published it is shown that the Mineral and Petroleumcoal mining Resources Development Amendment (MPRDA) Bill has been sent on a token trip through the National House of Traditional Leaders for comment in thirty days and then to be returned to the Portfolio Committee on Mineral Resources.

This is probably for some temporary major changes to be made to the Bill after debate until such time as two new Bills, one for the mining industry and one for the oil and gas industry, are drafted in time to come.     No doubt this movement was initiated as the result of the recent meeting between President Zuma and business leaders.

The extraordinary affair of the MPRDA has been going on since the first draft of the Bill was published for comment in December 2012 regulating extensively the exploitation of minerals and resources and the legal movement and transfer of resource rights.    Both industries have their own and very different BEE charters and the single Bill deals with both and many empowerment factors.

Core issues


Two issues
of note were that in the new Bill as originally proposed the Minister was to form a new “entity” which will “promote onshore and offshore exploration for and production of petroleum” and which will also “receive, store, maintain, interpret, add value to, evaluate, disseminate or deal in all geological or geophysical information” relating to petroleum and gas exploration matters.

Secondly, sections 80 and 84 of the anchor Act were to be amended to provide for State participation in any successful minerals and gas/oil development exercises carried out by the private sector, the Bill providing for a State right to free carried interest in all such exploration and production rights.
Specific details regarding the extent of the “free carry” were to be published in a government gazette, a figure of 20%susan shabangu being bandied about at the time.   “We are on the path of changing the mining and petroleum industry in South Africa, whether you like it or not,” said Mineral Resources Minister Susan Shabangu earlier in 2014.

Strong views

Accompanied by a public outcry and strongly worded objections from private industry, foreign companies and other institutions, the Bill reached Parliament virtually unchanged.    Again, brought up before the Portfolio Committee on Mineral Resources in public hearings, were strong objections from Opposition MPs and institutionalised industry, neither of whom minced their words, describing the Bill, in one case, as a “self-destruction tool of South Africa’s investment climate.”

Nevertheless, the ANC Alliance continued on their course and the Bill was hammered through in a rush at the end of the parliamentary term, the ANC summonsing through its whip sufficient numbers.

In the background, as the Bill went through Parliament, was the fact that the Department of Mineral Resources and the Department of Energy were only just completing their split apart. Crossed wires were the order of the day.

Nothing happened

Since that date the Bill has sat in limbo; a new Mineral Resources Minister Ngoako Ramatlhodi Ngoako Ramatlhodiagreeing shortly after with the with mining companies and the Chamber of Mines that the best and fastest way forward to bring certainty to the mining and oil drilling industry would be to pass the Bill subject to amendments based on a new approach to the mining beneficiation issue.

Secondly, the matter of state “free carry” could be dropped.

At the time it was guessed that at least a year and a half would be the delay if two replacement Bills were to be drafted, separating mineral resources from oil and gas in the light of the fact that both have separate and very different BEE charters. The quicker alternative to bring some certainty was that temporary amendments to the existing Bill should be made.

Despite this, the Bill has just stuck right there, in the President’s office, until recently, now moving back togas exploration sea Parliament because, as is suspected, business leaders in their recent discussions with President Zuma must have drawn his attention to the continuing lack of lack of certainty in both industries because of unknown legislative changes about to occur and an apparent inability by Cabinet to give clear policy leads.

So where are we?

So as far as the MPRDA Bill is concerned, there is movement in the goods sidings but whether any train is about to start on a journey can only be known when a meeting is scheduled by the Portfolio Committee on Mineral Resources. Yet another minister is the train driver.

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Parliament, ConCourt and Business

...editorial…

Parliament wins with ConCourt judgement…

Political comment on recent and fluid events involving Parliament and ConCourt are beyond the brief of ParlyReportConcourt other than perhaps the effect on Parliament as an institution capable of assisting business and industry. Nevertheless, these following words rang out from eleven of our judicial elders from the precincts of the highest court in the land when making their recent unanimous judgement…….

“Certain values in the Constitution have been designated as foundational to our democracy. This in turn means that as pillar-stones of this democracy, they must be observed scrupulously. If these values are not observed and their precepts not carried out conscientiously, we have a recipe for a constitutional crisis of great magnitude. In a State predicated on a desire to maintain the rule of law, it is imperative that one and all should be driven by a moral obligation to ensure the continued survival of our democracy.”

Parliament drawn in

national assemblyGiven those precepts and the fact the highest court in our land took it upon itself to chastise the Speaker of House, ANC’s Baleka Mbete, and the workings of the National Assembly in that there was a lack of respect by the Secretary for Parliament for the Public Protector’s report on the Nkandla issue.The judgement spoke volumes on the lack of Cabinet’s understanding of the principle of separation of powers and focused on its disrespect for Parliament.

But ParlyReport rarely attends the National Assembly (NA) since that it is a place where a politicized debate takes place and the NA merely “dots the i’s” on legislation and registers its vote – legislation that has already been worked on by the parliamentary portfolio and select committees, i.e. the engine room of Parliament.

Most of this “engine room” process has only been slightly compromised by the ConCourt judgement.

ParlyReport’s mandate also is to watch and observe government departments as they spell out their targets, policies and decision-making on major issues affecting business and industry as they report to their relevant committees in terms of oversight. Some of these committee debates are intelligent contributions in the national interest, others less so. Here the system with government departments reporting to Parliament is even less compromised by the ConCourt judgement.

Political debate

The National Assembly, however, is where the political, ideological and debate on party lines takesEFF 2 place, assumedly in a democratic manner but sadly turned into a circus quite often by the EFF. However, one should remember that the judgement of ConCourt was as a result of a decision on the matter brought by the very same Economic Freedom Fighters vs Speaker of the National Assembly and Others and Democratic Alliance vs Speaker of the National Assembly and Others.

In other words, some of the people have spoken but not all of the people. At National Assembly level the ANC closed ranks on the impeachment motion as the nation knows and which was their democratic right whatever the Opposition members might have thought and said. The sight of the Speaker being told to stand down and for the Deputy Speaker take over was sad to see but for the rest, it was democracy in process.

Throughout, the final debate, the level of insults was high but this could be expected on an impeachment motion but Parliamentary procedure was observed by all; the bells rang for ajournment and consideration; the votes counted; the results confirmed on the motion to impeach and all other outstanding motions called for, before closing.

speaker UKIt was just noisier than PMQ in the British Houses of Parliament, that’s all.

In the end it may be said that the Constitution was the winner. The Parliamentary process was indeed observed after ConCourt had noted that the subject matter of the charges had resulted an abuse of Parliament in a number of ways. Now the political process takes over and however dirty it may seem at times in National Assembly debate, this is indeed democracy.

Where it goes wrong

It is unfortunate that what was not foreseen by the authors of an otherwise an excellent Constitution (or perhaps foreseen but could not be avoided) is the fact that South African MPs get their jobs and receive their pensions, perks and housing on a party list system which is very much adjustable, we have learnt, not only by parliamentary performance and hearing the voice of the Party whip but by other elements outside of Parliament.

In the case of the ANC Alliance, who are the majority by far in both Houses, obviously this leads tolithuli house patronage by those who run the party list at Luthuli House. It is a fact which cannot be avoided. One could say the same for the DA, the EFF and any smaller party that patronage must apply when MPs are not answerable, as is the case in South Africa, to a particular constituency of citizens.

In the case of South Africa, this leaves national policy and leadership very much in the hands of Luthuli House, particularly because Jacob Zuma is not only President of the country but, as is ANC practice, he is also the elected leader of the ANC. It was at this point the system failed and but not because of parliamentary failure.

Puppet on a string

What ConCourt found therefore was not only that President Zuma was guilty of certain charges and had to take remedial action but there had been a determined ANC attempt, with considerable success, to run the National Assembly from Luthuli House. It was on the Nkandla issue that ANC MP and party whip, Stone Sizani, probably realized that things had gone too far and that he was probably implicated.

Mbete,Baleka sworninThe eleven judges unanimously singled out the current incumbent of the position of Speaker of the House, Baleka Mbete, as also being tangled in the web of patronage. She has denied this but has conceded the “matter could have been better handled”. In fact, later she handled matters a lot worse in the initial moments of the motion on impeachment even agreed to by the ANC who obviously saw that she should have recused herself.

Outside the ring – a little

But as far as business and industry is concerned, our institutions are a little more insulated from such shenanigans.

Whilst all committees are indeed run by ANC Alliance chairpersons (the Standing Committee on Finance was originally by tradition chaired by the majority opposition party but now changed by the ANC) public hearings on legislation are encouraged. The public may attend any meeting government oversight hearings, which ParlyReport does – as well as members of the media, and all members of the public can attend any meeting with the exception of the Security and Intelligence Committee debates.

Good, healthy debate

In our ParlyReport this fortnight, we report on the very sensible suggestions of the Bankingbasa logo 2 Association of South Africa (BASA) made to the Standing Committee on Finance on the Financial Intelligence Centre Bill, tabled by the Minister of Finance. These suggestions were not only heard but acted upon.

In fact, BASA with other financial institutions were invited to subsequent debates under committee Chairperson Yunus Carrim (SACP) and with National Treasury, under the guidance of Ismail Momoniat, a Bill was crafted that was much more acceptable to all.

In some cases, changes called for were justified successfully by Treasury not to be in the national interest in terms of the international call for compliance against money laundering but in other cases calls for less red tape and overwhelming paper work heeded and requests for better definitions acknowledged. For example, the list of “prominent persons”, i.e. those who might be involved in “suspicious transactions”, is to be compiled by Treasury itself and not left to the intuition of financial institutions and the private sector, all suggested by BASA and other financial institutions and bodies.

Separation of powers still there

In conclusion then, it will take the continued support of business with submissions and voicing opinion at hearings at committee level to keep the playing fields level and to point out what is best for South Africa’s economic interests by influencing debate at this level. Business has rarely expressed its voice in the National Assembly since this is not the forum for such unless a summons to appear is made.

parliament 6As for the future of the National Assembly itself there is very little anybody can do until the majority party gets its moral compass adjusted in terms of its relationship with this important component of Parliament, the issues ahead being purely political ones.

The Constitution, Parliament and the Public Protector’s office have survived and the ordinary democratic process of citizen politics now holds sway, hence the current issue ahead of business and industry being described by Standard and Poor as “political noise”.

 

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Protected Disclosures Bill: employer to be involved

New Protected Disclosures Bill ups protection….

sent to clients 21 January……The Portfolio Committee on Justice and Constitutional Affairs will shortly be debating the recently tabled Protected Disclosures Amendment Bill which proposes a duty or responsibwhisleblower policyility on employers to explain and inform employees on the procedures for dealing with a whistle-blower’s disclosure and consequent issues surrounding.

The new Bill also makes it a clear requirement that employees should be informed by the employer that they are “entitled to exercise certain remedies if they are subjected to an occupational detriment as a result of having made protected disclosures”. Clearly, intimidation of the whistle blower is still the object of concern and still an issue.

The term “occupational detriment” is now to encompass any potential “detrimental behaviour suffered by those who previously fell outside of the scope of the Act”. It is also proposed that the definition of “disclosure” be amended.

Definition to include “workers”

An important feature of the new Bill is that the definition of a whistle-blower is also extended to in include “workers” rather than just employees. This therefore includes a person who has “worked” on the premises, i.e. to ensure that independent contractors, consultants, agents and persons working or who have worked for the State are included.

The Bill also seeks to re-define the expression “occupational detriment” to include an employee or worker being subjected to any civil claim for the alleged breach of a duty of confidentiality or a confidentiality agreement arising out of the disclosure of a criminal offence.

A clause states that if “occupational detriment derived from disclosure is proved in a court of law, employers will have to pay compensation or damages to the employee or worker.” Whistle blowers will be excused from criminal justice, it seems.

Law reform overview 

The Mlaw booksinister states in the objectives of the new The Protected Disclosures Amendment Bill, now to be debated in Parliament, that the changes emanate from the South African Law Reform Commission’s report on protected disclosures. The Bill will “empower employees to approach the court for relief in the face of detrimental behaviour shown towards them by employers” and “employees and workers will also be immune from civil and criminal liability flowing from a disclosure that reveals criminal activity.”

False whistle-blowing

However, it is to be noted that in reverse, as it were, should an employee knowingly or believing the information not to be true, disclose false information they will be guilty of an offence and on conviction is liable to a fine or to imprisonment for a period not exceeding two years or both.

The draft of the current Bill was published by the Minister for public comment in July last year, the purpose of the Act itself being to set down the procedure for disclosing unlawful behaviour in the workplace by both private and public sector employees and how such disclosure is to be protected.
Previous articles on category subject
Protected Disclosures Act: More whistleblower cover – ParlyReportSA

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BEE: Davies drives on with Black Industrialist Policy

Report on Black Industrialist Policy awaited….. 

sent to clients 21 January….  The Black Industrialist Policy, now in place and engineered by the Department of Trade and Industry (DTI), is due to be debated in Parliament early February.

ack bdlive

ack bdlive

A progress report will be made by Trade and Industry Minister, Dr Rob Davies to the relevant portfolio committee shortly. The plan was submitted to Cabinet by and approved in early November 2015. The purpose of the policy, the Cabinet said at the time, was to focus on growth and competitiveness of Black-owned enterprises.

The plan is designed to “facilitate the meaningful participation of Black-owned and managed companies within industry” and is another extension to DTI’s Industrial Action Plan (IPAP).  It backs up, Minister Davies said when launching the programme, both the NDP and President Zuma’s nine-point plan laid out in the 2015 State of Nation Address.

More Black control releases more State money

The scheme offers a cost sharing grant with the DTI, ranging from 30% to 50%, to approved entities to a maximum of R50m.   The value of the grant in terms of any proposal will depend on the level of Black ownership and management control and must be for capital investment and other support measures, such as working capital.

Minister Davies said in his launch parliamentary media briefing  that a number of private banks black ownershiphad  approached DTI prepared to partner with government on the initiative. He said the idea was “to unlock the industrial potential that exists within Black-owned and managed businesses through deliberate, targeted and well-defined financial and non-financial interventions.”

Focus on Black ownership

Not mentioning job creation specifically, he said that his department particularly wanted to “speed up the entry of Black industrialists to enter strategic and targeted industrial sectors and value chains.” “South Africa will not be able to industrialise to maximise growth “unless it simultaneously includes the Black industrialist on a sustainable basis”, he said.

Manufacturing core needed

Minister Davies said that the only route for future of the economy was to build the manufacturing sector and the inclusion of the black industrialists and manufacturers had to be encouraged.

The DTI had earmarked R1bn of seed capital to assist the Black industrialists to raise the necessary equity required to access the private sector/banking market to access debt funding, he said.  This capital would be complemented by funding from developmental finance institutions.

He added that while incentivising the inclusion of the Black industrialists in the manufacturing sector, the parties involved “needed to be committed, willing to take risks and be willing to look for long-term returns and not short-term rents.”

” This policy proposes focused efforts to facilitate inclusion and participation of Black industrialists in manufacturing activities, with an understanding that more equal societies tend to grow faster than those that are unequal,” said the Minister.

Opposition members will specifically ask how this programme has contributed to job creation.

Previous articles on category subject
SA’s economic woes not BEE, says DTI – ParlyReportSA
25.1% is maximum BEE control, says DTI – ParlyReportSA
DTI does flip flop on BEE codes – ParlyReportSA

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Home Affairs gets tough on expired visas

Fines for expired visas not working…

sent to clients 21 Jan…  Now that Parliament has resumed it will not be long before for the Portfolio Committee on Homevisa rules Affairs  considers public comment and input on amendments to the Immigration Act re-defining what the Department of Home Affairs (DHA) terms as “inadequate sanction on foreign persons who remain in South Africa after their visas have expired”.

The Committee is responding to the fact that it is the Minister’s opinion that fines on foreigners who overstay their welcome were not serving as a sufficient deterrent to cease the regular practice of non-residents to continue their stay beyond the expiry date of their visa.

Troublesome clause

Section 30 of the 2002 Immigration Act has already been amended a couple of times regarding either the wording itself, which has not stood up in court, or, in the opinion of the DHA is now insufficient in itself as a deterrent to the practice.

The wording of the last amendment had led to various interpretations and to quote the government gazette on the issue, “some holding the view that a foreigner must overstay a number of times to be declared undesirable while others hold the view that one instance of overstaying would result in a declaration of undesirable.”

Another way

visa with handThe issue has now been approached in a different manner, which as far as can be established would deny the holder ever returning to SA unless agreed to by the Minister. The proposed changes amend the anchor Act so that foreigners who overstay after the expiry of their visas do not qualify for a port of entry visa, a visa, admission into South Africa or a permanent resident permit during the relevant prescribed period.

This would seem to establish that the offending foreigner has no status as a visa holder at all when it expires and that person immediately becomes an undesirable entrant by definition as any conditions of entry no longer apply. The implications of being declared an undesirable entrant under these circumstances will be debated.

Written comment expired

Once any comments are received, such will be part of a debate as to whether the amending Bill should be accepted as it stands, any amendments agreed upon made, voted upon and passed to the National Assembly for “reading”. Written comment addressed to Parliament was stated as being until 20 January 2016. Whether any hearings were agreed upon is awaited.
Previous articles on category subject
Home Affairs gives reasons for visa changes – ParlyReportSA
Home Affairs fails on most targets – ParlyReportSA

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Further labour law changes proposed

New labour law on male parental leave…. 

sent to clients 20 Dec…….Cheryllin Dudley MP, an ACDP parliamentarian, has introduced a Private Member’s Bill to Parliament proposingcheryllin dudley amendment to SA labour laws on the general issues of parental issues; adoption of the child and proposals to allow parental leave to both parents with a list of benefits.

Public comment expired on 25 December and being a private members Bill, the invitation came from Parliament and specifically the Secretary to the Portfolio Committee on Labour, for comment. The Bill is entitled the Labour Laws Amendment Bill, a name which is bound to attract attention

MPs themselves are allowed to propose legislation direct to Parliament without reference to the particular government department affected. The Speaker of the House has, by procedure, assented to the tabling of this Bill.

Happier families

Bill seeks to amend the Basic Conditions of Employment Act, 1997, so as to provide for parental, adoption and commissioning parental leave to employees; to provide that a collective agreement may not reduce an employee’s entitlement to parental, adoption or commissioning parental leave and amend the Unemployment Insurance Act. It also provides for the right to claim leave and parental benefits from the Unemployment Insurance Fund.

The issue applying parental leave to “all parents” is obviously proposed in order to include a wider definition to those providing male parental care in terms of leave. The issue of gay adoptive relationships is not included in the actual wording (nor would an ACDP member suggest this) but the purpose of the Bill is apparently not selective as to whom the parents are but rather to significantly expand the recognition of parenthood in general at the workplace.

Family values first

mum dad and babyIn an explanatory memorandum attached to the draft Labour Laws Amendment Bill, the proponent explains that the Bill is primarily trying to get paternity leave legislated as part of its “policy on family values”, which stresses the importance of fathers in families.

It is proposed that any couple can decide which partner takes the 10 days of parental leave and which one takes a standardised two and a half months, cutting this down from four months as allowed under the Basic Employment Act.

One assumes, therefore, that the ACDP, has skirted the issue of gay relationships by accommodating the issue by proposing that all paternity leave would apply to all relationships in a heterosexual relationship but apply equally to one of the partners in a same-sex civil union.

The Bill will go through the normal legislative process, the Department of Labour’s submission therefore being a critical one during parliamentary hearings to be called in due course.

Labour in turmoil

No doubt COSATU and PIC will be more awake to making submissions than was in the case of the Financial Sector Regulations Bill (Twin Peaks) which vitally affected labour conditions insofar as government service and private sector on retirement funds, annuities and pensions, the Act now being signed and claimed as “sneaked” through – as if a change recommended in the 2014/5 Budget could possibly have been.  

Go to http://parlyreportsa.co.za/finance-economic/tax-legislation-for-parliamentary-debate/ for this subject, now in national debate, having passed through the parliamentary arena.

Previous articles on labour category subject
Deliberations reaching final stage on labour laws – ParlyReportSA
Labour Relations Act changes passed – ParlyReportSA
Labour committee ignores strikes – ParlyReportSA
Labour : nobody at top biting the bullet – ParlyReportSA

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Minister Brown wants utility shareholder management 

Shareholder Management Bill could kill cosy jobs…. 

sent  to clients 20 Dec…..Public Enterprises Minister, Lynne Brown, reports that she is to introduce, as aLynne Browndraft, the Shareholder Management Bill as part of a plan to introduce more leadership ability and some form of continuity for the state owned enterprises (SOCs) under her control. This includes Eskom, Transnet, Denel, SA Express, Alexkor and Safcol.

Maybe start of something big.

Whilst troubled SAA is now an independent, falling under National Treasury for the moment. Providing President Zuma makes no more changes, Minister Pravin Gordhan is set to sort out National Treasury itself and challenge the management style of his old stomping ground, SARS.. How much come out of the Cabinet Lekgotla is critical.

The problem children

PetroSA logoMeanwhile, PetroSA is in real deep water, the entity falling under Central Energy Fund (CEF) and which reports itself to Department and Energy (DOE). But at least the PetroSA problem is now in the open with somebody obviously having to take over the reins and sort the mess out, probably CEF itself.

Oddly enough there are people in CEF who know exactly what the problem is but once again politicians pushed experts in the wrong direction, it appears.

In addition, the Passenger Rail Association (PRASA) is very much on the slippery slope and, together with SANRAL, both present highly contentious transport issues, are now in the hands of to untangle

Public Enterprises comes to the party.

Minister of Public Enterprises, Lynne Brown appears to be getting the senior management of her portfolio undereskom control and whilst there could possibly be power supply problems at Eskom she says, because “machines can break down unexpectedly”, the leadership is there, as is the case with Denel.

Minister Brown recently reported at an AmCham meeting in Cape Town that there are around seven hundred SOCs, an extraordinary fact, but bearing in mind the fact that South Africa is reputed to have the largest head count in public service per population count, this would appear quite probable.

On the road again

With Deputy President Cyril Ramaphosa chairing an Integrated Marketing Committee, which will hopefully designate which entities should remain SOCs and those which should be absorbed back into their relevant departments, there appears some hope with regard to containing the ballooning public service machine which has characterised President Zuma’s presidency.

Hands off appointments

An essential element of Minister Lynne Brown’s plan is to remove the appointment to the boards of the entities under her domain away from Ministers, including herself, to a shareholder management team that creates a leadership operational plan for all SOCs and appoints, through due process, a tightly run appointment system.
A brave proposition indeed but it does indicate that Minister Brown is her own person.

Whilst the proposals might look like state control, in fact it is a clear signal that government may have heard the message that the current system of Ministers appointing board members is not working and is one of the reasons leading to what the auditor general calls “useless and wasteful expenditure”.

On the drawing board

The Shareholder Management Bill, Minister Brown said subsequently in Johannesburg, will first need a concept paper (perhaps she means a White Paper) and such could be released after the Cabinet Lekgotla in February, with an intention of introducing such as system by the end of 2016.

Minister Brown said that she herself as a Minister would therefore be excluded from making appointments in her own SOCs for a start. Perhaps this system can be applied to all forty-seven government departments and agencies, suggested a questioner bu the Minister would not be drawn into matters outside of her brief.

Leadership needed

During the same address, she added that Eskom was “not out of the woods” yet and there was still not sufficientlyne brown 2 electricity to facilitate economic growth but this would change. Minister Brown said none of the entities under her control “would be approaching the National Treasury with begging bowls.”

One small step

No doubt, as far as confirmation of an appointment is concerned, the Minister involved will still have to “approve” any selection decision by the independent team of specialists but it is worth watching the outcome of the debate on the shortly-to-be tabled Broadcasting Bill, if only to see if the appointment of inept senior appointments can be halted or reversed.

What has come out of the Eskom, PRASA and PetroSA issues is that a person who has no right to be in a position of leadership, or worse one who has supplied fraudulent qualifications, leads to frustration and anger by those with genuine skills and high academic qualifications lower down the ladder and at the coalface.

This is in the space of government service where technical skills are located and badly needed and it is hoped that Minister Lynne Brown has more of these “eureka” moments.

Previous articles on category subject
PetroSA on the rocks for R14.5bn – ParlyReportSA
Central Energy Fund slowly gets its house in order – ParlyReport
Shedding light on Eskom – ParlyReportSA

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BEE : Black Industrialist Policy ready to go

DTI with further Black industrialist plan…..

The Black Industrialist Policy is now in place engineered by the Department of Trade and Industry (DTI andBEE image approved by Parliament. It was submitted to Cabinet by Trade and Industry Minister, Dr Rob Davies and approved in early November. The purpose of the policy, the Cabinet says, is to focus on growth and competitiveness of Black-owned enterprises.

The plan is designed to “facilitate the meaningful participation of Black-owned and managed companies within industry” and is another extension to DTI’s Industrial Action Plan (IPAP). It extends, Minister Davies says, the NDP and President Zuma’s nine-point plan laid out in the 2015 State of Nation Address.

More Black control, more money

The scheme offers a cost sharing grant with the DTI, ranging from 30% to 50% to approved entities to a maximum of R50m. The value of the grant in terms of any proposal will depend on the level of Black ownership and management control and must be for capital investment and other support measures such as working capital.

Minister Davies said in his media briefing relayed on the parliamentary precinct that a number of private banks have already approached DTI prepared to partner with government on such an initiative. He said the idea was “to unlock the industrial potential that exists within Black-owned and managed businesses through deliberate, targeted and well-defined financial and non-financial interventions.”

DTI, he said, particularly wanted to “speed up the entry of Black industrialists to enter strategic and targeted industrial sectors and value chains.” According to Minister Davies, South Africa will not be able to industrialise to maximise growth “unless it simultaneously includes the Black industrialist on a sustainable basis.”

It all comes back to manufacturing

Rob-DaviesDavies said that the only route for future of the economy was to build the manufacturing sector and the inclusion of the black industrialists had to be encouraged. The DTI has earmarked R1bn of seed capital to assist the Black industrialists to raise the necessary equity required to access the private sector/banking market to access debt funding. This capital would be complemented by funding from developmental finance institutions.

He added that while incentivising the inclusion of the Black industrialists in the manufacturing sector, the parties involved “needed to be committed, willing to take risks and be willing to look for long-term returns and not short-term rents.”

” This policy proposes focused efforts to facilitate inclusion and participation of Black industrialists in manufacturing activities, with an understanding that more equal societies tend to grow faster than those that are unequal,” said the Minister.

Previous articles on category subject
SA’s economic woes not BEE, says DTI – ParlyReportSA
25.1% is maximum BEE control, says DTI – ParlyReportSA
DTI does flip flop on BEE codes – ParlyReportSA

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