BBC NEWS

Chris Hani's killer Janusz Walus given parole in South Africa

• 10 March 2016
 
• From the sectionAfrica

Image copyrightAFP

Image captionChris Hani was shot as he picked up the morning newspapers at his home

A court in South Africa has ruled that the killer of anti-apartheid hero Chris Hani should be freed on parole after more than 22 years in prison.

Hani's widow, Limpho condemned the white judge's decision to free Janusz Walus as racist.

Walus' lawyers argued he should be freed in the spirit of reconciliation.

He was convicted in October 1993 and was serving a life sentence for the murder which threatened to derail South Africa's transition to democracy.

"It's very sad for South Africa. It's a very sad day. I am not upset, but I am highly irritated that this white woman can tell me how to feel," Ms Hani told the BBC's Milton Nkosi.

"She comes with a white superiority complex to tell me I should forgive, I should move on. It is not her husband that was murdered."

The government had previously refused to grant Walus parole as he was said to have shown no remorse.

Judge Janse van Nieuwenhuizen, at the High Court in the capital, Pretoria, ruled that Walus should be freed in two weeks' time, and a parole board should set the conditions for his release.

Image copyrightAFP

Image captionHani's murder triggered protests across South Africa

Image copyrightAP

Image captionWalus wanted to prevent the advent of democracy in South Africa

The justice ministry said it would study the judgement, before deciding whether to appeal.

The South African Communist Party (SACP), which Hani led at the time of his death, also reacted with disappointment.

South Africa's Truth and Reconciliation Commission, formed after minority rule ended in April 1994, refused to give Walus amnesty.

Hani was shot dead by Walus while picking up the morning newspapers from his driveway at his home in Boksburg, east of Johannesburg.

Regarded as the most popular politician in South Africa after Nelson Mandela, he was also head of the military wing of the African National Congress (ANC), the former liberation movement which is now in power.

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Analysis: Farouk Chothia, BBC News

Image copyrightAFP

Image captionSouth Africans of all races voted together for the first time in 1994

The murder of Hani backfired on South Africa's white supremacists. They hoped that the killing of a politician who was idolised by most black people but hated by many of their white counterparts would escalate conflict in South Africa, and open the way for them to seize power in the ensuing chaos.

But the opposite happened, as it galvanised Mr Mandela to press South Africa's then-President FW de Klerk to set a date for the first democratic election to end centuries of racial oppression.

Mr De Klerk agreed, and power ebbed away from him with Mr Mandela becoming South Africa's first black president just over a year later.

Walus, who killed Mr Hani by shooting him at point-blank range in the chin, behind the ear and in the chest, is alive only because Mr Mandela's ANC abolished the death penalty, believing that it should not do what the former regime had done - execute its enemies.

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Walus, 63, was involved in far-right politics, and opposed moves to end apartheid, which legalised discrimination against black people.

The decision to free him was a "great disappointment", but not surprising because the judge "kept asking questions which suggested that she will make an order such as the one she made", said SACP spokesman Alex Mashilo, the local Eyewitness News reports.

Walus had been sentenced to death, but this was commuted to life after South Africa abolished the death penalty at the end of minority rule.

His co-conspirator in the murder, Clive Derby-Lewis, was released on parole in June 2015.

Derby-Lewis, 79, had given Walus the gun used to kill Hani.

SOURCE: BBC NEWS

BUSINESS DAY NEWS

Business / Trade & Industry

Definition of black industrialist ‘is strict’

BY BEKEZELA PHAKATHI, 16 SEPTEMBER 2015, 06:18

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Trade and Industry Minister Rob Davies. Picture: TREVOR SAMSON

THE definition of a black industrialist will be strict and tight, according to Trade and Industry Minister Rob Davies.

But Mr Davies, who spoke to Business Day on Tuesday, did not specify the basis of the assertion or say whether he was referring to fronting, which has dogged black economic empowerment (BEE).

The Broad-based Black Economic Empowerment Amendment Act, which came into effect in October last year, made fronting a criminal offence.

The state will be strict in determining who qualifies for the multibillion-rand scheme to bolster the creation of large and competitive black industrialists.

"This (policy) is not a way someone can dress themselves up differently and call themselves an industrialist," Mr Davies said.

Last month he said no black industrialists had been chosen for the programme as a policy framework was still to be approved by the Cabinet. Last year the department established the black industrialists’ development programme, which aims to create more than 100 industrialists within three years in an effort to revive the sector.

On Monday Economic Development Minister Ebrahim Patel said the Industrial Development Corporation would spend R23bn to fund more than 100 black industrialists in the next three years.

The state will help black-owned manufacturing companies access finance and markets, develop skills, and improve quality and productivity, according to the scheme’s outline.

Mr Davies said the black industrialist policy still had to go through final Cabinet processes before more details on qualifying criteria could be made public.

He said the manufacturing sector remained the most "untransformed" in the economy.

"We are now applying the codes of good practice as required under the amended BEE Act, which means we will be making requirements on people that draw on our incentives that they develop a BEE programme," Mr Davies said.

A number of companies had benefited from the department’s support measures, including clothing and textile companies through the competitiveness improvement programme, he said.

Mr Davies visited the factory of Prestige Clothing, the manufacturing arm of The Foschini Group, which he said had made progress after improving its production through the programme.

Prestige Clothing CEO Graham Choice said of the 6-million garments sold to TFG’s retailers last year, 41% went from concept to store in under 56 days.

BUSINESS DAY NEWS

Business / Industrials

Blacks urged ‘to build, make things’

BY MARK ALLIX, 15 SEPTEMBER 2015, 05:58

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Economic Development Minister Ebrahim Patel: 'We want to say to fellow black South Africans ‘get into the economy — build things and make things.’ Picture: TREVOR SAMSON

THE government is intent on increasing competitiveness in SA’s economy through preferential procurement and developing black industrialists, says Economic Development Minister Ebrahim Patel.

Empowerment through equity alone has limited value, and black South Africans must be able to produce goods and services using localised inputs for sale in SA and the rest of Africa, he said on Monday on the sidelines of the results presentation of the Industrial Development Corporation (IDC).

"If we don’t watch (the creation of black equity stakes in businesses) carefully it simply becomes like a tax on companies. We want to say to fellow black South Africans ‘get into the economy — build things and make things’," he said.

The IDC said on Monday it had spent R5.9bn on 85 empowerment transactions in the 2014-15 financial year. This was more than half of the total R10.9bn disbursed during the year, which was close to the previous year’s R11.2bn.

The development finance institution raised borrowings from R21bn to R24bn, increasing financing costs in the period. Operating profit fell 60%, but profit for the year rose a marginal 1% on gains in equity accounted investments.

IDC chief financial officer Gert Gouws said total impairments had declined. But the corporation had made a book loss of about R17bn on its investments in blue-chip companies amid the global commodities rout. These included big losses on Kumba Iron Ore, Sasol and steel maker ArcelorMittal.

However, there was still plenty of financing headroom, despite the IDC’s debt to equity ratio in the year rising to 27% from 20%. The board had a mandated debt to equity ratio of 50%, he said.

Mr Patel reiterated that the IDC would spend R23bn to fund more than 100 black industrialists within the next three years.

This was about 22% of budgeted IDC investment over the next five years.

Another R4.5bn would be spent on women and youth-empowered businesses each.

The IDC had boosted industrial funding over the past five years to R61bn and would raise this to R100bn in the next five years.

Private sector contributions should double this amount, on the basis of a historical ratio of R2 of private sector funding for every R1 of IDC spending over the past decade.

In the past 21 years the IDC had provided R28bn to black-owned businesses, and more than R53bn for general black economic empowerment.

In the last financial year it had refocused spending from renewable energy to manufacturing, mining and infrastructure.

BLACK ECONOMIC EMPOWERMENT NEWS

Shell, NEF cooperate on transforming retail petroleum industry

Petroleum product supplier Shell Oil Company and the National Empowerment Fund (NEF), under the auspices of the Department of Trade and Industry, on Thursday entered into a cooperative agreement to assist black South Africans wanting to own and operate service stations. 

Through this initiative, Shell was aiming to ensure that 40% of its service stations were black-owned by 2017. “The energy sector was the first to adopt a transformation charter and it is in line with that trend that Shell’s ground-breaking target of 40% black-owned service stations is coming to life,” said NEF CEO Philisiwe Mthethwa. 

Shell South Africa chairperson Bonang Mohale noted that Shell’s aim was to to select high-quality brand ambassadors who would receive the necessary training by qualified Shell Retail trainers.

Once the selection and training process was complete, Shell would facilitate a retail site handover, which involved essential mentoring and support in the initial phases of the business operation.



“We want to ensure that we do not only comply to the rules and regulations governing the industry, but we also attain leadership status in the transformation area,” he noted. 

Mthethwa added that, within the NEF’s franchise portfolio of R709-million, service stations ranked as the most successful. 

The review of the Liquid Fuels Charter – a regulation that provided a framework for empowering black South Africans in the petroleum industry, revealed that one of the major barriers to entry for black entrants in operating and owning service stations was a lack of access to capital.

To address this challenge, the Shell and NEF partnership would result in the provision of funding to black retailers with a majority share of no less than 51%. 

To date, the NEF has invested R300-million in the acquisition of 63 petroleum service stations that were owned and managed by black entrepreneurs countrywide, with these stations supporting 1 920 jobs. The NEF’s total funded portfolio exceeded R7.1-billion, while strategic industrial projects were valued at over R27-billion.

Source: engineeringnews

Eyewitness News

‘AMERICA OPEN FOR AFRICAN BUSINESS’

The US ambassador to South Africa says Agoa negotiations were tough, but dignified.

One of the most contentious aspects of the Agoa negotiations has been the import of chicken into the local market.Picture: EPA/Nic Bothma

• AGOA
 
• African Growth and Opportunities Act Agoa
 
• Patrick Gaspard

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Gaye Davis & Alex Eliseev | a day ago

JOHANNESBURG – United States ambassador to South Africa Patrick Gaspard, says with the African Growth and Opportunity Act (Agoa) trade agreement ironed out the hope is that it can now start growing the local economy.

Agoa is an agreement that opens up American markets to South African goods.

One of the most contentious aspects has been the import of chicken into the local market.

Gaspard says the negotiations were tough, but always dignified.

“I have to say that ‘sorted out’ is one of my favourite South African phrases – it sums it all up. Yes, we are sorted. Chicken, beef and more importantly the enduring relationship between our two countries that right now we are just focused on helping to grow the South African economy and create jobs on both sides of the Atlantic.’”

He says recent political claims that America was somehow trying to destabilise South Africa will not damage the diplomatic relationship between the nations, which he described as having a “deep reservoir of trust”.

A week ago Trade and Industry Minister Rob Davies announced that lengthy negotiations with the US on the import of American poultry, beef and pork have now been concluded.

Davies says this means South Africa’s set to benefit from Agoa for the next 10 years.

In a statement, Davies says the first shipment of American poultry should be on supermarket shelves by 15 March, after the consignment which arrived in Durban and was cleared by port health authorities.

LISTEN: Is Agoa going to result in the collapse of SA’s poultry industry?

(Edited by Masechaba Sefularo)

AFRICA BUSINESS NEWS

BP Southern Africa continues its commitment to transformation

Posted on 01 December 2014 by Africa Business

BP Southern Africa (BPSA), one of the oldest companies operating in South Africa for over 90 years, has completed a major Broad Based Black Economic Empowerment (B-BBEE) transaction with two new BEE investors, as part of its continued commitment to meaningful transformation in the country.

BPSA’s commitment to transformation dates back several years.  In 2001 it became one of the first companies in the petroleum sector in South Africa to implement a BEE transaction with the Mineworkers Investment Company (MIC) and WDB Investment Holdings/WDB Fuel (WDB).

BPSA’s previous ownership structure was advantageous to both BP and the former BEE shareholders.  However, consistent with BEE legislation changes, BP has deepened its equity ownership structure to ensure a greater balance between economic and voting interest, which BP believes provides more sustainable transformation for the future.

BPSA has sold 25% + 1 share to two BEE partners, namely KAPELA and the BPSA Education Foundation, a Broad Based Black Economic Empowerment Trust.

The Kapela BEE consortium includes the Disability Empowerment Concerns Trust, which is a majority black  broad based trust with over two million people with disabilities as beneficiaries (at least 85% are black and 50% are women), as well as a majority black owned and managed private equity firm.  Kapela acquired a 20% +1 share and the BPSA Education Foundation acquired 5% of BPSA’s shares.

Mr Israel Skosana, Kapela Executive Chairman says:  “We are excited to be a shareholder in BP South Africa.  The acquisition of 20% + 1 share is a significant investment for us.  We are looking forward to partnering with the BPSA Education Foundation as shareholders, other members of the board of directors and management of BP South Africa in creating value for all relevant stakeholders. Together we can continue to contribute towards the socio-economic transformation of our beloved country. Ms Fatima Abrahams and I will be on the Board of Directors of BPSA”.

The transaction was concluded after a competitive process where every bidder was treated in a fair and transparent manner.  The partners (MIC and WDB) were invited to participate in this process and during this time elected to extract value from their existing investment, enabling BPSA’s new BEE structure.

Mary Bomela, Chief Executive Officer of the Mineworkers Investment Company (MIC), noted: “Our sale of equity in BPSA was motivated solely by value considerations.  We have been invested in BPSA for over 10 years, and the relationship between BPSA and MIC has been mutually beneficial and remains affable. Our investment in BPSA has consistently performed to expectations. BPSA is a dynamic business with strong management and good future prospects. We wish the company and its new partners well in its future endeavours”.

Thandi Orleyn, BPSA Chairman, says:  “BPSA has a measurable track record in Broad Based Black Economic Empowerment and the announcement shows our continued commitment to South Africa’s transformation agenda and progress made in deepening various parts of our transformation.”

Through the BPSA Education Foundation, BPSA will contribute in meaningful and sustainable ways to enhance the standard of living and improve the well-being of previously disadvantaged, specifically black women and people with disabilities, through education and skills development.  This aligns with BPSA’s existing Community, Social Investment (CSI) as well as Skills Development programme.

Within Skills Development BPSA has established a progressive partnership with Wits on a Targeted Talent Program (TTP) and is investing R105 million over five years with R15 million spent in 2014 alone to enrich the lives of just under 1,000 students.  At its core, this enrichment program identifies talented pupils in underprivileged rural areas and guides them through specially developed engagements over a long term period (2 – 3 years) to prepare them for their final matric exams and for transition into the University environment.

The program has already produced some of South Africa’s top matriculants with 900 more pupils expected over the program’s 6 year run.

Source:   BP South Africa

THE NEW AGE NEWS

Bring BEE closer to the poor 

THANDISIZWE MGUDLWA       The New Age | 4 Sep 2014

       

An area which regrettably does not get the attention it deserves, is the question of economic transformation and development, in the context of the Black Economic Empowerment (BEE) policy, aimed at uplifting historically disadvantaged people.

One thought it wise to explore this very important subject and attempt to deepen the debates, discussions and dialogues which must lead to the grass-rooting of BEE framework. 

The commission definition  of BEE is, "It is an integrated and coherent political process. It is located within the context of the country's National Transformation Programme, namely the RDP (Reconstruction and Development Programme). It is aimed at changing the imbalances of the past by seeking to substantially transfer and confer ownership, management and control of South Africa's financial and economic resources to the majority of the citizens. It seeks to ensure broader and meaningful participation in the economy by Black people to achieve sustainable development and prosperity."

With that, it would be worthwhile to look at what is preventing South Africa from its mission of renewing itself from the tyranny of colonial oppression and apartheid, considering that 60% of the 51 million our citizens still languish in poverty and underdevelopment 20 years after the end of colonial rule.

As a fact, the legal equality of all South Africans was achieved with the end of Apartheid in 1994. However, the elimination of the aftermath of the former social and economic discrimination of Blacks, Coloureds, Indians and Chinese has yet to be realised.

In order to promote and accelerate the economic equality of the Black population, the post 1994 democratic government devoted itself to the politics of BEE, which in 2003 had broadened into Broad-Based Black Economic Empowerment (B-BBEE), in effort to reach the majority who did not benefit from BEE.

Fundamentally, BEE as an economic development strategy, ensures that there will be no area in the economy, which will not be affected by B-BBEE.

Also important to remember is that an integral aspect of the apartheid project was the planned and deliberate exclusion of non-whites from the mainstream of the economy.

Moreover, Blacks were selectively hampered to achieve self-employment

and to establish own enterprises, with a large majority of Blacks settling in the so-called 'Homelands'.

It has been the declared goal by BEE proponents to actively integrate Black entrepreneurs into the private economy via the transfer of company ownership, management and control functions.

And in order to implement these goals, and to make them measurable, in particular, the legislator introduced Black Empowerment Scorecards.

Notably, these elements have already begun and will gain even more importance in the coming years.

To its credit, the post 1994 democratic government demanded a coordinated strategy in regards to BEE in the mid-1990’s.

And in 1998, the BEE-commission was established to meet these stated demands. It was its task to develop a commonly accepted definition of  BEE as well as proposals of methods for restructuring.

BEE archives can confirm that even though the government had already previously enacted multiple laws to reduce the unequal treatment in the economy, a coordinated and holistic approach with regards to BEE was lacking.

An in October 2000, the BEE-commission presented its final report. This report was the basis for the government’s strategy paper, which was published three years later.

The legal foundation regarding BEE was created in January 2004 as the Broad-Based Black Economic Empowerment Act came into being.

According to many BEE stakeholders, this law replaced, reformed and coordinated the previously enacted laws and support programs. The exact description of the law’s regulations and the relating actual provisions for the implementation in practice took place via conduct guidelines in particular.

The government defines BEE as, "An integrated and interrelated socio-economically process, which contributes directly to the economic restructuring South Africa’s and to a significant rise of the Black proportion who will lead, control or own companies within the South African economy. Furthermore, this process shall lead to a significant decrease of income differentials."

It must also be noted, that the term “Blacks” according to the prevailing legal framework includes all Blacks, Coloureds and Indians as well as Chinese.

This  has  changed with the recent amendments of the  Codes of Good Practice in 2013 in favour of a more exact definition differentiating between gender and specific ethnic groups that used to be treated the same under the old term definition. 

People living with disabilities also form part of this.

The BEE strategy still aims to achieve the following goals by 2014, "A significant rise in the proportion of Blacks as owners and managers of existing and new companies; a significant rise in the number of Blacks in executive positions, a rise of Blacks’ capital share in companies; the increase in Blacks’ share in factors of production, for example land; the expansion of economic activities in underdeveloped areas; expedited economic growth available equally to all segments of the population; and the increase in the level of income for Blacks resulting in the reduction in income differentials."

Essentially, the concept of Direct Empowerment in terms of BEE comprising the ownership of company shares and voting rights as well as the right of participation in management and therefore in corporate governance.

In this context and in consideration of direct empowerment, the possibility of participation of Black employees needs to be mentioned. Instead of having outsiders participate in businesses it is often in times preferred to have the own employees participate in the company.

However, this does not take place via the transfer of employee shares but via the creation of a Employee Share Ownership Scheme (ESOP) in form of a BEE Employee Trusts (BET).

Companies ought to comply with the guidelines of the Employment Equity Act. This law was enacted in order to employ an amount of Blacks in all business areas and in all levels at comparable work and income terms according to the composition of the population within a specified point in time.

The South African National Government has introduced multiple programs for advanced training and support for Black employees in order to reach this goal and to improve the rather low level of training.

A company will be awarded with up to 20 points on the scorecard, if it actively promotes advanced training of its employees within the framework of the official Skills Development Programmes. And such programme have been drafted by a Skills Development Facilitator as well as been approved by the respective Sector Education & Training Authority (SETA).

For example, 2% disabled people ought to be employed in order to collect 2 of the possible 15 points from this area. The majority of the points  is awarded by reaching the targets for Blacks in various management levels.

Please note, that full points are only awarded if an approved Workplace Skills Plan has been approved by the respective SETA prior to the financial year measured.

Further, the Black empowerment element preferential procurement has under the new Codes 2013 been included in the newly amalgamated element “Enterprise and Supplier Development”.

Therefore, debates, discussions and dialogues must continue to rally all stakeholders towards national consensus and action.

Thandisizwe Mgudlwa writes for AfricaBusiness.com 

SOURCE: THE NEW AGE