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  • Load-shedding: Health dept working on alternative power sources for its facilities
    The health department is trying to find additional power sources to supply its facilities during load-shedding.
    This comes amid calls for health facilities to be exempt from load-shedding.
    In a statement on Monday, Health Minister Joe Phaahla said the department was "working on alternative, additional sources over and above the generators, which are not meant for prolonged outages, to seek additional supply of power to be considered for installation in health facilities to complement the generators as part of the energy mix".
    Phaahla said he ordered the director-general, Sandile Buthelezi, to work with provincial heads of health departments to finalise the assessment of the impact of load-shedding on health facilities.
    He said he was also engaging with Minister of Public Enterprises Pravin Gordhan, Eskom and municipalities on what processes should be followed to exempt health facilities from load-shedding.
    Last week, the Health Professions Council of South Africa called for health facilities to be exempt from load-shedding.
    Phaahla is expected to report on the impact and the intervention measures during a media briefing scheduled for Friday.
    2 min
  • Western Cape deputy speaker withdraws from committee probing speaker after pressure from ANC
    Western Cape legislature Deputy Speaker Beverley Schäfer has recused herself from an appeals committee investigating Speaker Masizole Mnqasela after the African National Congress (ANC) in the legislature took issue with her appointment.
    Provincial legislature spokesperson Matthys Odendal told News24 "the Office of the Secretary earlier today (Thursday) received correspondence that Deputy Speaker Beverley Schäfer has recused herself from the Appeals Committee as it relates to the matter of Speaker... Masizole Mnqasela".
    Schäfer was appointed to the committee that will probe Mnqasela's failure to declare a family trust. The committee was established to look into an appeal submitted by Mnqasela after he was found to have been in breach of the code of conduct for failing to disclose the trust.
    Mnqasela established the trust in 2018, but failed to disclose it in the disclosure forms he submitted in 2019, 2020 and 2021.
    The conduct committee was provided with copies of relevant disclosures and documents which showed Mnqasela's interest in various companies, including a company that is a trustee of the Mnqasela Family Trust. The committee recommended that Mnqasela's privileges be suspended for seven days and that he be reprimanded and handed a fine not exceeding his 30-day salary value.
    It said the breach was a serious offence, especially for the speaker, the legislature's highest office-bearer and custodian of the code of conduct.
    The ANC rejected Schäfer's appointment to the appeals committee, citing a conflict of interest.
    In a letter, ANC MPL Khalid Sayed stated that Schäfer should not be part of the appeals process by Mnqasela "given the cloud hanging over the head of the Deputy Speaker" (Schäfer).
    Schäfer faces a probe by the conduct committee after it emerged that she refused to downgrade her state-funded luxury BMW vehicle after her term as MEC ended.
    Mnqasela, on the other hand, was suspended from all Democratic Alliance-related activities pending an investigation relating to alleged fraud and excessive spending.
    Sayed said the ANC was exposing the DA's hypocrisy.
    "They knew that the Deputy Speaker is conflicted, therefore, we are hearing now that she is recusing herself. She should not have been proposed for membership in the first place.
    "As per media reports, we certainly hope that the conduct committee will be finalising its report into the Deputy Speaker soon because it would seem that that matter has been dragging on for too long," he said.
    The African Christian Democratic Party's Ferlon Christians has been appointed chairperson of the appeals committee. Christians did not want to comment on the matter.
    Mnqasela's office referred media queries to the chair of the appeals committee.
    Schäfer's spokesperson, Natalie Jardine, told News24 they had no further comment.
    "The Deputy Speaker has not been found guilty of any violation of the Western Cape Provincial Parliament Code of Conduct Act, as the process of investigation by the Conduct Committee has not been completed," Jardine told News24 earlier this week.
    The speaker was exercising his right of appeal after being found guilty by the conduct committee.
    "Similarly, the deputy speaker will be afforded the same opportunity when the conduct committee report has been tabled in the House, and the right of appeal is also afforded to her, should she also be found guilty."
    4 min
  • Phala Phala: Ramaphosa meets deadline on Reserve Bank forex probe
    President Cyril Ramaphosa has met the deadline to answer questions from the SA Reserve Bank on the source of US dollars stolen from his farm, his spokesperson Vincent Magwenya has confirmed to News24 Business.
    Exchange control regulations require that all foreign currency transactions are reported to an authorised foreign exchange dealer within 30 days. Following allegations made by former spy chief Arthur Fraser, a detractor of Ramaphosa, that a large number of dollars was stolen in December 2020 and the crime covered up, the Reserve Bank sent a list of questions to Ramaphosa in June.
    Ramaphosa was given 21 working days to respond to the letter, a deadline Ramaphosa failed to meet. He was subsequently granted a 15-day extension. This deadline was met, but the Bank then requested additional information with a reply date of 8 September. While Ramaphosa met this deadline, the Reserve Bank again asked for further clarification. This deadline has now been met too.
    The failure to report a foreign exchange transaction can result in criminal charges, but is often punished with a fine.
    Ramaphosa is also being investigated by the Hawks and the Public Protector. They are probing the source of the money, whether Ramaphosa or any of his staff were involved in attempting to cover up the theft and whether Ramaphosa contravened his constitutional duties and the executive code of ethics.
    2 min
  • Magashule's appeal delays trial, as he accuses NPA of trying to exclude him from ANC race
    Suspended African National Congress (ANC) secretary-general Ace Magashule strongly objected to the postponement of his "asbestos scam" trial to 20 January 2023, despite the fact that it was caused by his own legal efforts to challenge the prosecution's evidence against him.
    Addressing the media after the Free State High Court in Bloemfontein postponed the asbestos case against him, businessman Edwin Sodi and 16 other accused, Magashule confirmed his lawyers were seeking to petition the Supreme Court of Appeal in relation to the strength of the case, despite his own desire to have the trial run as soon as possible.
    "I am saying to my lawyers today: I am ready for the case," he told News24.
    "But lawyers say, in law, there must be precedent. It's not about me. It's about the future interpretation of the law for the general public and that makes sense. It's not about my case. We want to set a precedent, so that the [National Prosecuting Authority] must never actually do wrong things."
    Magashule, nonetheless, maintained that the delay caused by this petition process was a "deliberate" ploy by the State because "they know I'm a politician and I can tell you I have ground support from branches of the ANC and communities, and that's what they fear most".
    "It is deliberate because they want to exclude me from participation in the processes leading to Nasrec [ANC elective conference at the end of the year]," he said, while stressing that – should he be nominated for any leadership position by ANC branches – "I will stand".
    "I'm now saying to branches of the ANC: if you don't stand up and nominate whoever you want to nominate, forget about the ANC in 2024."
    Magashule stands accused of involvement in a corrupt R255-million asbestos tender scheme, which allegedly saw multiple high-ranking Free State government officials receiving kickbacks from money meant to fund the removal of harmful asbestos from the homes of the province's poorest residents.
    Instead of the affected houses being safely rid of asbestos at a reasonable price, the State says, Sodi and his co-accused essentially embarked on a "rent-seeking" scheme that ultimately resulted in only R21-million worth of work being done.
    It is the State's case that Magashule's alleged take came in the form of school tuition for Gupta ally Refiloe Mokoena's daughter, electronic tablets, and R250 000 for the travel expenses of a delegation to Cuba. Those alleged gratifications were given through payments made by murdered businessman and asbestos tender beneficiary Igo Mpambani.
    Magashule insists there is no case against him – and he has unsuccessfully sought to challenge the basis for his prosecution.
    State advocate Johannes de Nysshen had earlier explained to the court that the National Prosecuting Authority (NPA) wanted the legal challenges bought by Magashule and three of his co-accused finalised before the trial could continue, precisely because they related, in part, to the admissibility of alleged State Capture Inquiry evidence against them.
    Last Friday, Judge Soma Naidoo dismissed applications brought by Magashule, Sodi and two of their co-accused for leave to appeal her ruling that the challenges they had brought were best addressed during their actual trial.
    "Preliminary litigation prior to the commencement of a criminal trial has been strongly discouraged by the apex court of this country, as well as the Supreme Court of Appeal [SCA]," Naidoo reiterated.
    Magashule, Sodi and two of their accused have indicated that they will now petition the SCA to appeal this ruling.
    De Nysshen on Friday said they had every right to pursue such processes, "but unfortunately such applications delay the proceedings".
    "It is the right of the accused [to bring such applications] and accused number 13 [Magashule] must understand that these things take time. Now, how he can blame the State for the delay in this matter? I don't know, because it doesn't make sense.
    "Furthermore, I've said it previously and ...
    5 min
  • ANC blocks debate on Parliament's role in holding Ramaphosa to account - for now
    The African National Congress (ANC) temporarily scuppered a debate on Parliament's role in holding the president accountable, which the Democratic Alliance (DA) had wanted for Thursday.
    After a National Assembly Programming Committee on Thursday morning, the debate will, however, be rescheduled for next week.
    The DA previously brought a topic for debate on illegal land invasions for one of Thursday's mini-plenaries.
    On Friday, the DA's chief whip, Siviwe Gwarube, indicated the party was withdrawing this motion, and replacing it with the motion on Parliament's role in holding the president accountable.
    It would include a motion to establish an ad hoc committee to look into Phala Phala.
    The new topic of the DA's motion was distributed to all parties on Tuesday.
    On Wednesday, the Chief Whips' Forum met.
    There was a disagreement among parties on what transpired at this meeting.
    According to Gwarube, the new topic for the debate was on the programme and, while there was "discomfort" from the ANC, no one objected.
    ANC MP and Cyril Ramaphosa's parliamentary counsellor, Gerhard Koornhof, said that, to his "recollection", there was no recommendation from the forum to amend the programme.
    On why the debate shouldn't be scheduled for Thursday afternoon, the ANC said that it was too short notice to prepare for it, and that it was a draft motion.
    Gwarube pointed out that the ANC's objections were inconsistent.
    The ANC's deputy chief whip, Doris Dlakude, said Gwarube "smuggled" the motion into Wednesday's forum, and that the DA was trying to "pre-empt" the Section 89 process.
    Economic Freedom Fighters (EFF) MP Hlengiwe Mkhaliphi, African Transformation Movement leader Vuyolwethu Zungula and African Christian Democratic Party MP Steve Swart backed Gwarube, indicating that they were ready for the debate to proceed.
    Mkhaliphi and Zungula pointed out that there was a difference between the Section 89 process and the DA's proposed ad hoc committee.
    The ANC was backed by Al Jamah-ah's sole MP, Ganief Hendricks.
    As the committee couldn't reach a consensus, National Assembly Speaker Nosiviwe Mapisa-Nqakula instructed the programming whip, ANC MP Mina Lesoma, to find a place for the DA's motion on next week's programme.
    In a statement released after the meeting, Gwarube regarded Mapisa-Nqakula's decision as a victory for parliamentary oversight in the face of the "ANC's blatant attempts to circumvent Parliament's constitutional responsibilities to hold the government and President Ramaphosa accountable".
    As she did during the meeting, Gwarube insisted the motion was brought within the National Assembly's rules.
    "We are ready for next week's debate, and will lobby all political parties represented in the Assembly to support our call for this ad hoc committee to be established. Once the debate takes place, the House will need to vote on whether the ad hoc committee should be established," said Gwarube.
    "While the Section 89 Inquiry, in the process of being established by the Speaker, will interrogate whether or not impeachment proceedings should be instituted against the president, it does not mean we should not be investigating the other state institutions that are implicated in this saga.
    "There are ministers and state institutions who have a case to answer for in Parliament. This is a serious constitutional obligation that Parliament cannot neglect like it did during state capture."
    Meanwhile, Mapisa-Nqakula indicated that she obtained a legal opinion after the EFF and DA asked her to reconsider Professor Richard Calland's participation on the independent panel to determine whether there was a prima facie case for Ramaphosa's impeachment.
    The parties questioned Calland's impartiality, as he had previously expressed support for Ramaphosa.
    Mapisa-Nqakula said GOOD, who nominated Calland for the panel, wrote to her with a motivation on why he should stay on the panel.
    She requested a legal opinion, which she received on Wednesday afternoon, and wil...
    5 min
  • Another large hike pushes rates to pre-pandemic level
    Interest rates are back at pre-pandemic levels after the Reserve Bank hiked rates by 75 basis points, for a second meeting in a row.
    Three members of the monetary policy committee voted in favour of the 75 basis point hike, while two wanted a 100 basis point increase.
    The move brings the repo rate to 6.25%, and the prime rate to 9.75%. On a new home loan of R2-million, this hikes the monthly instalment by more than R970.
    Since November last year, monthly payments on a R2-million home loan are almost R3 400 more expensive due to a raft of rate hikes.
    The latest rate hike was in line with economists’ expectations, and brings interest rates back to a level last seen in January 2020, before the Reserve Bank made steep cuts to bolster an economy in lockdown.
    On Thursday, Governor of the SA Reserve Bank, Lesetja Kganyago, said risks to the inflation outlook are assessed to the upside.
    "While global producer price and food inflation have eased, Russia’s war in the Ukraine continues, with adverse effects on global prices. Oil prices increased strongly from the start of the war, to around US$130 per barrel, and may rise again from today’s level as stresses in energy markets intensify. Electricity and other administered prices continue to present clear medium-term risks."
    While the rate hikes will heap more pain on a distressed South African economy, the bank is under pressure to keep up with jumbo interest rate hikes in other countries, especially in the US, where rates were hiked by 75 basis points on Wednesday.
    Global central banks are scrambling to hike interest rates amid an inflation shock, triggered by the invasion of Ukraine along with supply chain shocks and a labour shortage.
    South Africa cannot afford to be left behind when it comes to rate hikes, otherwise the rand and local assets like bonds will lose their appeal to foreign investors, who are on the hunt for good returns. Foreign inflows are crucial to keep the rand stable. A stable rand is key to inflation, as South Africa imports almost all its oil, which is priced in dollars.
    The rand is currently taking a lot of strain as the dollar is bolstered by aggressive US rate hikes. It is currently close to R17.80/$, after starting the year below R16.
    The Reserve Bank also needs to send a clear signal that it wants to tame inflation.
    There is still one more monetary policy committee meeting left, in November. Economists expect another rate hike – even though inflation may have peaked. In August, consumer inflation cooled slightly, to 7.6% from 7.8% in July, thanks mostly to lower fuel prices.
    Some economists forecast another hike in January, with Jeff Schultz, senior economist at BNP Paribas South Africa, expecting that the repo rate will peak at 7.00% in January 2023.
    4 min
  • Gordhan says record power cuts set to ease
    Load-shedding should ease over the coming days and the nation’s electricity supply will continue to improve over the medium term as new investments bolster generation, according to Public Enterprises Minister Pravin Gordhan.
    “We will have load-shedding for a while in South Africa,” Gordhan said on Thursday in an interview on Bloomberg TV. But “not of the order that we’ve seen in the recent past,” he said.
    Eskom, which supplies more than 90% of the nation’s power, cut 6 000 MW of power from the national grid over the weekend, leaving businesses and homes without electricity for more than four hours at a stretch. Energy shortages date back to 2008 but the problem has become increasingly acute, with outages reaching a record this year as more than half of the utility’s capacity was taken off line at times due to breakdowns and maintenance work.
    South Africa should have built additional capacity almost two decades ago and now needs “massive investment” in energy infrastructure, according to Gordhan, who oversees Eskom. He expects a government initiative to buy more power from private producers of renewable energy to stabilized the energy supply over the longer term, and said there remains a “huge appetite” to invest despite delays to the program.
    Other initiatives have been taken in order to improve Eskom’s performance around, including rehiring experienced staff that worked there and increasing its maintenance budget. The utility had numerous CEOs until Andre de Ruyter took over the position in January 2020.
    Eskom’s management has “done the best they can,” Gordhan said. “I think we’ve got to keep under constant review whether the governance and the management capability is of the order which would help us to meet the current crisis.”
    Eskom implements rolling blackouts when it fails to meet demand in order to keep the grid from a total collapse, which would potentially result in a prolonged outage. Gordhan said there was “no risk whatsoever” of that happening.
    3 min
  • R54m SAPS tender scandal: Phahlane and co-accused released on bail
    Former national police commissioner Khomotso Phahlane, several high-ranking generals in the Crime Intelligence Division and two businessmen have been released on bail ranging from R5 000 to R50 000.
    They appeared in the Pretoria Specialised Commercial Crimes Court on Wednesday following their arrest in a series of raids across the country over a R54-million procurement scandal alleged to have spanned several years.
    During the bail application, media houses were barred from being inside the courtroom due to the gallery being packed to capacity. Only eNCA, SABC and Newzroom were allowed inside.
    The matter has been postponed to 7 December.
    1 min
  • ConCourt declares sections of the Copyright act invalid and unconstitutional
    The Constitutional Court has declared certain sections of the Copyright Act invalid, unconstitutional and inconsistent with the rights of persons with visual and print disabilities.
    BlindSA took Government to court arguing that the Copyright Act is an "apartheid-era" law that infringes on the rights of persons with visual disabilities.
    The apex court declared that sections 6 and 7, read with section 23 of the Copyright Act 98 of 1978, are unconstitutional, invalid, and inconsistent with the rights of persons with visual and print disabilities, as set out in sections 9(3), 10, 16(1)(b), 29(1) and 30 of the Constitution.
    Confirming an earlier Gauteng High Court order, the court found that these provisions of the Copyright Act limit the access of such persons to published literary works and artistic works as may be included in such literary works, in accessible format copies.
    2 min
  • Advocate Billy Downer wants Zuma to put up R1m as security if he wants to privately prosecute
    State advocate Billy Downer wants former president Jacob Zuma to put up an additional R1-million as security for costs ahead of his private prosecution of Downer.
    Zuma launched the private prosecution against Downer and News24 journalist Karyn Maughan and has apparently already deposited R90 000 at the Pietermaritzburg Magistrate's Court as security.
    But Downer said in papers filed in the KwaZulu-Natal High Court in Pietermaritzburg, that R1-million was necessary to "provide security that is sufficient to meet the probable costs which may be incurred in respect of my defence in the private prosecution" if the prosecution fails.
    Downer said he and the National Prosecuting Authority (NPA) had engaged the services of senior counsel and two junior counsels for his defence.
    The senior counsel's charges in the matter amount to R54 000 per day and R5 400 per hour, and the combined charges of both junior counsels are R45 000 per day and R4 500 per hour.
    Therefore, Zuma should fork out an additional amount as security for private prosecution, he submitted.
    The security should either be paid in cash or be provided using a bank guarantee, he added.
    "I submit that in the circumstances, a bank guarantee is not only required to secure the additional amount but that it is necessary due to the fact that this court has, as recently as August 2022, granted the curator of VBS Mutual Bank an execution order for the private prosecutor's outstanding debt that is due to VBS Mutual Bank.
    "I have no confidence that the private prosecutor will in future be able to settle the costs incurred for my defence in the absence of the security that I require."
    In an interview with Newzroom Afrika in June, Gerrie Nel, the head of AfriForum's private prosecution unit explained that Zuma would have to deposit guarantees for the costs of the accused in the matter "should the prosecution fail".
    The charges against Downer and Maughan relate to News24's publication of an update on Zuma's medical condition. The update was attached to court papers lodged at the High Court last year.
    But Zuma contends that it violated sections of the National Prosecuting Act.
    The former president was granted medical parole by then head of the correctional services department, Arthur Fraser, shortly after he was incarcerated in July 2021.
    Zuma's legal team claims Downer leaked the information to Maughan.
    The summons was served on Maughan and Downer this month, and they are expected to appear in the KwaZulu-Natal High Court in Pietermaritzburg on 10 October 2022.
    Zuma was in prison to serve a 15-month sentence for contempt of court after he refused to comply with a Constitutional Court order to appear before the State Capture Inquiry.
    He was sent to the Estcourt Correctional Centre.
    However, a month later, Brigadier Mcebisi Mdutywa wrote a letter informing prison and prosecuting authorities that Zuma had suffered a "traumatic injury" in November 2020 and needed "extensive emergency treatment" with six months to recover.
    Maughan wrote about the letter because it was part of court documents that had already been filed, making it public record.
    In June this year, Zuma cited Downer and Maughan as respondents in his court papers, and the NPA issued a nolle prosequi certificate, declaring that it would not prosecute Downer, the lead prosecutor in Zuma's corruption case.
    This opened the door for the charges against Maughan and Downer.
    The NPA has rejected Zuma's charges against Downer, calling it "an abuse of process" and reiterating that it has confidence in Downer's prosecution of Zuma.
    4 min

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