R3480 news you’re not supposed to know (including VAT) nosewee k Discovery 135JANUARY 2011 members make nasty discoveries

Sandton palace for Mugabe? Hymn singers bust for copyright Crookery school burns students N_forensics_noseweek_full_page_12 1 news you simply have to know to have simply you news per day. headlines. before they become We’ll find the stories no minutes. R12 thousand, PA takes home siphons millions “Laid back” accountant Find out more on www.nolands.co.za/forensics on more out Find Midnight board meetings, zeros and the missing Exec director

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Nolands is an Authorised Financial Services Provider Reg No 18326 southworth denman 12 noseweek online JANUARY 2011 ISSUE135

Get access to the noseweek archive of saints, sinners and rogues

Buy noseweek’s online Discovery’s rude good health page 8 edition for only 4 Letters Nuke the gooks

5 Dear Reader Wikileaks: don’t shoot the messenger R278

07 Notes & Updates Fingers in pies n Nice try, SARU! n Katz out of bag 14 Same old bull Rand Water bosses pull plug on unflattering slide show Wherever you want 16 Splash! Witch-hunt to find out who sent a seditious boardroom sms it....whenever you 18 At sea Absa life policy lands client in deep water want it 20 Things fall apart Why did Swellendam sack one of the Western Cape’s most competent officials?

22 Law hammers Western Cape planners High Court judge makes it plain that obfuscation sucks

24 Good copyright, bad copyright Scamming in the name of the Lord

26 Crookery school Cooked qualifications and a prospectus well seasoned with half-truths provided the recipe for an unpalatable catering college www. 28 Mugabe, the male stripper and the millionaire’s mansion A sneak peek at noseweek.co.za how the other half percent live

33 Books Passion in suburbia

34 Where the wild things are Rhinos: the bloody end n Burn, bokkie, burn!

36 Country Life Success!

37 Last Word Comet

noseweek Ja n u a r y 2011 3 Letters Rotten apple falls close successful BEE deals that them out of Burma. We were conquered countries and the

FNB afraid of the Sexy Boys? have gone down, and how they preparing for the assault on deaths of an estimated 20,000 (“Rotten sheriffs”, nose134) were made to work. Malaya and Singapore when allied PoWs on the Siam death BJ I don’t think so! Perhaps he the Americans dropped the railway and in PoW camps by email who looks for rotten apples in Bomb, thus saving hundreds had severe consequences. B Nobile someone else’s backyard, dis- of thousands of lives, both Al- Vereeniging

covers some in his own? FNB’s DA or ANC: spot the difference lied and Japanese. potentially dodgy partnership It is most irritating to see that The Japanese soldier was a with Quick Sell estate agents, Western Cape MEC for local total savage to his defeated op- may well be a bigger story government Anton Bredell ponents, seldom surrendered Mono-Choice Current DSTV decoders from than the equity theft made has behaved in exactly the and had to be killed to get past same way we have accused our him; it was assumed most of Multichoice are blocked so possible by corrupt sheriffs in “ that one cannot record TV South Africa. ANC-led councils of doing. I the Jap civilians would have Jacques wonder if the DA will react to acted likewise. programmes onto a DVD Cape Town this story? This type of thing The carnage would have recorder/player. Only the PVR Making BEE work In the light of your article “BEEn there” (nose134) – just think how much money He who looks for rotten apples in someone else’s gets lost with these types of contracts. The only assured fact is how much the “right backyard sometimes finds some in his own person” makes. I really feel we must support proper transactions with accredited cannot be helping the cause of been horrendous: the Ameri- recorder can do the job, but BEE companies by award- our local DA who are pulling can estimate of their casual- Multichoice does not tell you ing them contracts they can out“ all stops to get elected ties for the initial lodgment this when you upgrade your handle, and have some sort here. on the Japanese islands was older decoder. The PVR costs of audit/support system in Beverley 250,000 killed, wounded and R2,000 and a monthly fee of place to ensure they acquire Plettenberg Bay missing. Add to that the Jap R65 – far more than a DVD the skills required to move casualties and the bombs were recorder. So don’t throw out up the ladder. Big business totally justified. your old decoder. ought to get together on this; Nuking Japs the right thing That’s apart from the fact And move over Bill Gates, we with concerted efforts, they Harold Strachan knows noth- that the Japs needed to be have a new monopoly on the could change the way BEE is ing about that war against taught that their savagery at block. handled. For a start we could the Japanese (nose133). I was the rape of Nanking, their bru- Chris Elston take a closer look at the really involved in that war, chasing talisation of the inhabitants of Glenwood, Durban Gus Best Legge forward

In the article “Jake White threat- farewell dinner for me. At no ened me with Kebble killer” in stage in 24 years (1984-2008) at nose131 there is a defamatory Sauer Street was I asked to ex- reference to me as “Star sports plain a financial decision. I was editor David Legge (later fired responsible for millions of rand for falsifying overtime claims) and received continuous praise ...”. That is untrue. from superiors for the way I I resigned as an executive edi- handled it. tor (responsible for sports cover- David Legge age in The Star, Saturday Star by email and The Sunday Independent) in A few senior colleagues on The 2008 to join AFP as Africa sports Star confirmed that they had correspondent. The decision was heard rumoured at the time mine alone and no pressure was what was reported as fact by brought to bear on me. Dale Granger in his noseweek The Star editor Moegsien Wil- piece, but both Mr Williams and liams and deputy editor Jovial Mr Rantao have assured us that Rantao repeatedly pleaded with the rumour was completely un- me to change my mind and stay. founded. We sincerely apologise As a compromise I stayed on for for inadvertently having per- many weeks after my planned petuated a falsehood, thereby departure date to ensure a possibly harming Mr Legge’s smooth transition for my suc- good name. The offending refer- cessors. ence has been removed from our Mr Williams later hosted a website. – Ed.

4 noseweek Ja n u a r y 2011 DearReaderDearLettersDear Reader Reader

Editor Martin Welz Don’t shoot the messenger [email protected] Managing editor America’s total onslaught on WikiLeaks has triggered something momentous on the

Hans Muhlberg internet. It has finally forced the world off the fence. Now no-one can avoid the ques- Production editor tion: do we go along with the dishonesty and greed of disreputable governments and Tony Pinchuck corporations, or do we make a stand for truth and decency? Noseweek and its readers Gauteng bureau chief have long ago made their choice clear. WikiLeaks deserves to be defended by decent Jack Lundin people everywhere. In support of that contention we can do no better than republish “ [email protected] News editor here a piece written in early December by WikiLeaks editor-in-chief Julian Assange, Mark Thomas as he was about to hand himself over to be detained by British police acting on a [email protected] Swedish warrant. It was first published in The Australian.– The Editor Censor-in-chief Len Ashton n 1958 a y o u n g Rupert Murdoch, then to support it. Sub-editor owner and editor of Adelaide’s The If you have read any of the Afghan or Chas Unwin News, wrote: “In the race between se- Iraq war logs, any of the US embassy ca- Cartoons crecy and truth, it seems inevitable bles or any of the stories about the things Myke Ashley-Cooper, Gus Ferguson, that truth will always win.” His obser- WikiLeaks has reported, consider how Stacey Stent vationI perhaps reflected his father Keith important it is for all media to be able to Cover art Murdoch’s exposé that Australian troops report freely. WikiLeaks is not the only Dr Jack were being needlessly sacrificed by incom- publisher of the US embassy cables. Oth- Contributors petent British commanders on the shores er media outlets, including Britain’s The Harold Strachan of Gallipoli. The British tried to shut him Guardian, The New York Times, El Pais in Accounts up but Keith Murdoch would not be si- Spain and Der Spiegel in Germany have Nicci Joubert-van Doesburgh lenced and his efforts led to the termina- published the same redacted cables. Subscriptions tion of the disastrous Gallipoli campaign. Yet it is WikiLeaks, as the co-ordinator Maud Petersen Nearly a century later, WikiLeaks is also of these other groups, that has copped the [email protected] fearlessly publishing facts that need to be most vicious attacks and accusations from Advertising made public. the US government and its acolytes. I have Coordinator: Adrienne de Jongh I grew up in a Queensland country been accused of treason, even though I am Agency Sales: Heather Haydn town where people spoke their minds an Australian, not a US, citizen. There bluntly. They distrusted big government have been dozens of serious calls in the Copyright All material in this issue is copy- as something that could be corrupted if US for me to be “taken out” by US spe- right, and belongs to Chaucer Publications (Pty) Ltd, unless otherwise ­indicated. No part not watched carefully. These things have cial forces. Sarah Palin says I should be of the material may be quoted, photocopied, stayed with me. WikiLeaks was created “hunted down like Osama bin Laden”, a reproduced or be stored by any electronic around these core values. The idea, con- Republican bill sits before the US Senate system without prior ­written permission. ceived in Australia, was to use internet seeking to have me declared a “transna- Disclaimer While every reasonable effort is taken to ensure the accuracy and sound- technologies to report the truth. tional threat” and disposed of accordingly. ness of the contents of this ­publication, WikiLeaks coined a new type of journal- An adviser to the Canadian Prime Minis- neither the authors nor the publisher will ism: scientific journalism. We work with ter’s office has called on national televi- bear any responsibility for the consequences other media outlets to bring people the sion for me to be assassinated. An Ameri- of any actions based on information con- tained. Printed and Published by Chaucer news, but also to prove it is true. Scien- can blogger has called for my 20-year-old ­Publications (Pty) Ltd. tific journalism allows you to read a news son, living in Australia, to be kidnapped story, then to click online to see the origi- and harmed in order to get at me. nal document it is based on. That way you And Australians should observe with no can judge for yourself: Is the story true? pride the disgraceful pandering to these SUBSCRIPTION RATES Did the journalist report it accurately? sentiments by Prime Minister Julia Gil- Print Democratic societies need a strong me- lard and her government. The powers of dia and WikiLeaks is part of that media. the Australian government appear to be SA only R336 The media help keep government honest. fully at the disposal of the US as to wheth- Neighbouring states ­(airmail) R446 WikiLeaks has revealed some hard truths er to cancel my Australian passport, or to Europe, Americas and Australasia R530 about the Iraq and Afghan wars, and bro- spy on or harass WikiLeaks supporters. Internet edition ken stories about corporate corruption. The Australian attorney-general is doing 1 year R278 People have said I am anti-war: for the everything he can to help a US investiga- Combined record – I am not. Sometimes nations need tion clearly directed at framing Austral- Print+Internet (SA only) R468 to go to war, and there are just wars. But ian citizens and shipping them to the US. To subscribe there is nothing more wrong than a gov- Prime Minister Gillard and US Secre- By post: Send cheque with name, ernment lying to its people about those tary of State Hillary Clinton have not had address and ­phone no. to: noseweek, wars, then asking these same citizens to a word of criticism for the other media or- PO Box 44538, Claremont 7735. put their lives and their taxes on the line ganisations. That is because The Guard- Via Internet (pay by credit card): for those lies. If a war is justified, tell the ian, The New York Times and Der Spiegel www.noseweek.co.za truth and the people will decide whether are old and large, while WikiLeaks is as For further information call (021) 686 0570; fax 021 686 0573 or email [email protected] noseweek Ja n u a r y 2011 5 6 own skins. They willnot. their save to mean two these assured, fray. Rest duties the above their and dignity with out carry to meant attorney-general are the especially and unsubstantiated wholly claims of illegality. The prime minister been only have there citizens,but her defending be would minister prime Australian an thought have might One sonnel? other and me against violence the of threats to public numerous government Australian the lomatic andpoliticaldealings. cluding information about its own dip- in- revealed, truth the want doesn’t it is tryingto shoot the messenger because government Gillard The derdogs. un- the are Wesmall. and young yet Stent lishes. Itcan’tbeboth. Which isit? what in importance of endanger You’ll troops!” Then they say there security! is nothing National provably false chorus: “You’ll risk lives! agencies, Australian US politicians by committed chant a abuses about truth Every time Every from response any been there Has publishesWikiLeaksthe pub- WikiLeaks per WikiLeaks - mation from UN officials and human and officials UN from mation infor and material human personal cables revealsomestartlingfacts: diplomatic US unimportant.The from hurt byanythingwehave published. Australian troops or sources have been partment of Defence said the same. No who personprotecting.needed The De- Australian single a find couldn’t it CNN told Kabul in NATO ghanistan. in harmed being anyone to led had Af- was no evidence the there that stated Pentagon Thesure. disclo- logs war Afghan the by mised compro- been had methods or sources Congress that US no sensitive the intelligence to letter a in admitted Gates the pastfewmonthsalone. in thousands killed has connivance, government Australian with US, the But harmed. been has aware, is one any- as far as person, single a not but governments, whole changed have we history,publishingwhich yearduring The US asked its diplomats to steal steal to diplomats its asked US The far been have publications our But Robert Defence of Secretary US neither. is It noseweek a a four- a has WikiLeaks J y r a u n a WikiLeaks reports 2011 - media torevealthetruth. all of right the defend to need the ces around storm ing swirl- The government”. unre- in deception and expose effectively free can press a strained “only said Court Supreme US the case, Papers tagon President –ifSloveniatookaprisoner. Slovenian the meet to agreed Obama tainees from Guantanamo Bay. Barack de- freed take to hardball countries other get to playing is US The liament. par from kept is sharing intelligence US and NATO; of member covert a is fixed was to protect “US interests”; means inquiry Sweden Iraq any Britain’s available; by stopped programme nuclear Iran’s want Bahrain and dan Jor in officials Iran; attack to US the may betargeted, too. diplomats UN Australian Presumably treaties. international of violation in all photos, ID and passwords internet prints,scans,iris numbers,card credit finger DNA, including groups, rights n t lnmr rln i te Pen- the in ruling landmark its In King Abdullah of Saudi Arabia asked reinfor- WikiLeaks Julian Assange - - -

Notes & Updates Nice try, SARU! Buy, buy me a ponzi pie e r e p o r t e d i n n o s e 133 on controversy in the rug- by players’ trade union, the South African Rugby o h a n Sw a r t , whose KZN ponzi scheme WPlayers’ Association (SARPA), involving CEO Exclusive Finance was exposed in Piet Heymans. One of the charges against Heymans Jnose133, is indeed still (as noseweek was that, as a result of his alleged incompetence, had heard) hanging out in Ballito and SARPA has lost its seat on the executive of the South in the same line of business – working African Rugby Union (SARU). Heymans denied being for Mr Dharshan Boodhram, who ap- in any way to blame, and said the decision to exclude parently sold Exclusive Finance to the SARPA had been taken by an anti-trade union SARU Swarts in the first place. board member. Heymans said the matter was going to A CIPRO search shows that Bood- arbitration, despite the fact that SARU had received hram, who lives in upmarket Sand- opinions from three senior counsel, all of whom said hurst has fingers in many a pie. He that SARU would lose. On 16 November, while the owns a number of companies with con- Boks were training hard for their upcoming defeat by fusingly similar names, like New World Scotland, the arbitration award was handed down by Enterprises, New World Eduloans, New advocate Nic Treurnicht SC. Unsurprisingly, it was in World Housing Finance, Simunye Bro- favour of the players’ union, with Treurnicht finding kers & Consultants CC and Simunye that the relevant collective agreement is binding on Brokers & Consultants (Pty) Ltd. SARU, and that SARPA is entitled to representation The search also showed Boodhram as on the SARU executive. a director of Edge to Edge 13 (Pty) Ltd, and wife Caroline Swart as a director of Edge to Edge 103 (Pty) Ltd. Apparently the assets of Exclusive Finance (such Katz out of the bag as they are) have been taken over by a cc called either One Lane or Fast Lane. n n o s e 133, noseweek said Stephen (also called Ste- (CIPRO shows no record of either but ven) Powell had been the lead prosecutor in the Mrs Swart did register a cc in May called All At One Finance – Iprosecution of former Investec employee Laetitia so be careful if you’re offered a deal by any of these.) Peyper. We also published that his ENS Forensic Apparently five years ago a financial manager at Exclusive falls under Leonard Katz’s liquidation division. Finance, Hugo van den Heever, realising that something was Both statements were wrong. While it’s true that very amiss, took his story to both SARS (tax evasion) and the Mr Powell was a prosecutor with the Department SAPS (fraud). But there was no follow-up. Pity. Had they done of Justice for many years, he in fact left the depart- their jobs, a lot of people wouldn’t have lost their money. ment in 1998 (long before the Peyper case) to work for Deloitte & Touche from where he was recruited by Sonnenberg Hoffman Galombik (now Edward n People who lost money to Bernie Madoff’s US ponzi scheme Nathan & Sonnenberg) to establish ENS Forensic, are determined to get some of it back. They have issued a string of which he is managing director. He does not an- of summonses against companies they claim were complacent swer to Mr Katz. in allowing Madoff to operate. HSBC recently got one for $9bn While noseweek does everything in its power and (R85bn), JP Morgan Chase one for $6.4bn and UBS one for a resources to research facts, this time we stuffed up mere $2bn. – for which we offer Mr Powell our sincere apolo- In December Carl Shapiro, a Boston philanthropist, was per- gies; also our thanks for the polite way in which he suaded to hand back $625m (R4.3bn) he had made from invest- brought the matter to our attention. ments with Madoff.

noseweek Ja n u a r y 2011 7 Discovery’s R135m cockup How insurer looks after its wealth at the expense of your health

e n n i e Pi e k , an entrepreneur from had the intraocular lens in his right help Piek applied for a new policy, to Benoni, has suffered eye prob- eye replaced, but shortly thereafter cover bond exposure (Piek had bonds lems for most of his life. As a developed a retinal detachment that totalling R3,5m), death, disability, ill- child, Piek developed a traumatic required emergency surgery. The lens ness, and loss of income. Piek referred cataract in the right eye, and at was removed, leaving Piek without to his disorder in these terms: “Perma- 21B had the cataract removed and an light perception in that eye – effectively, nent blindness right eye, deterioration intraocular lens implanted. Despite his he became blind in the right eye. So, in of peripheral vision in left eye”, and impediment, Piek, now 40, has been April 2003, he submitted a claim to Dis- gave his doctor as Dr Troskie of Benoni successful, having owned or had inter- covery under the “severe illness” com- Eye Clinic. The new policy came into ests in a cellphone retail business, a ponent of his policy. Discovery agreed effect in August 2004, with a hefty labour brokerage, bottle stores, and a to pay a lump sum of R114,000, being R8,000-per-month premium. fork-lift company. 10% of the sum assured (R1,143m), In 2005 Piek developed tunnel vision In November 2002 and to review the matter in six months. and was unable to distinguish colours, Piek followed the In October 2003, as there had been no leading Dr Troskie to conclude that advice of his broker, improvement, Discovery upgraded his left eye was following the trend of Craig van Schalkwyk, the claim from severe illness to the right eye. So, in November 2005, then MD of Capital So- capital disability and agreed Bennie claimed on the new policy, un- lutions, to take out a to pay a further R1m, plus der capital disability, severe illness, “Risk Transaction” “income continuation” of premium waiver and income continu- with Discovery Life, R31,000 per month for six ation benefits. Again no hassle – Dis- which provided protec- months. In all, a satisfac- covery paid a lump sum of R5m and tion for death, disabil- tory outcome. agreed to pay Piek’s medical aid con- ity, dread disease and loss After the pay-out the tribution (R4,500pm), his insurance of income. Piek made full policy was shut down, premium (R8,000pm), and an income disclosure of his visual and with Craig van of R100,000pm. Again very satisfac- impairment and lens Schalkwyk’s tory. Craig van Schalkwyk wrote to implant, and his pro- Discovery head of claims, Sylvia Steyn: posal was accepted “I would like applaud your company, and the policy its products and the individuals in the came into force in group for the amazing experience that February 2003 you provide to clients. BRAVO!” at a premium Not so fast Craig. After 18 months of R2,300 per Discovery told Van Schalkwyk that, month. at the request of their re-insurer, Piek That same had to be re-tested, by Dr LP Kruger month Piek of Retinal Associates, apparently a top eye specialist. But Kruger was never available, so Piek saw one of his col- leagues, Dr Marelize Conradie. Conradie did a barrage of tests and said Piek should return for a second ex- amination. But when he did, she was no longer sympathetic. According to Piek, she told him: “Either you’re as blind as you say you are, or you’re as mad as a

8 noseweek Ja n u a r y 2011 DISCOVERY hatter.” (Piek later learned that Dis- that Discovery’s auditors would do an warranties... further knowingly al- covery Life forensics head Marius Smit audit of his finances. lowed accountants JJ Vermaak & Co, met with Conradie the day before that Marius Smit later phoned Piek to acting on your behalf, to provide false second examination.) apologise for how things had been han- information... Discovery is entitled to In her report Conradie claimed that dled and assured him he had nothing cancel your policy.” The company also Piek was light receptive in his right to worry about. Later he was told to go demanded repayment of R 7,614,218, eye (she later apologised, saying it was back to Retinal Associates to be exam- being the full amount paid out under a typo and should have read the “left ined by Dr Kruger himself. A rigorous the second claim – even though much eye” – some typo!). A few days later, five-hour testing session followed – but of it had nothing to do with income. Van Schalkwyk got a call to say the when Kruger submitted his report Dis- A meeting followed but the matter claim was under review, and he and covery wouldn’t let Piek see it. No won- couldn’t be resolved. When Piek re- Piek should attend a meeting at Dis- der: it says he has “optic nerve damage fused to pay Discovery instituted legal covery’s offices. When they arrived they in the left eye... the right eye is blind due action for repayment. Piek also issued were told they were to see the forensics to the retinal artery occlusion... Mr Piek summons for payment of R100,000 per people rather than the claims people, has irreversible visual loss secondary to month until age 65 (in 25 years’ time). and Van Schalkwyk immediately knew retinal disease as well as optic atrophy”. As a result of Discovery’s repudia- something was amiss. Having bombed out on that front, tion, Van Schalkwyk, one of Discovery’s They were taken to a tiny room, Discovery now focused its efforts on top brokers (once described by Discov- where, they were told, everything Piek’s earnings. Somewhat predict- ery sales manager Sean Hanlon as “a would be recorded. There they were ably, the report submitted by Discov- highly valuable intermediary”, whose “interrogated” for two hours by Dr ery auditors Ernst & Young concluded “contribution to Discovery, our clients Bill Munday, Alan Meechan of Claims, that Piek had overstated his income of and the industry as a whole is exem- Marius Smit of Forensics, and another R100,000 per month. Van Schalkwyk plary”), cut his ties with the company forensic investigator called Shane. And then did his own investigation of Piek’s and moved to Momentum. Discovery’s there was a bombshell: We’ve had a tip- financial records, and concluded that spiteful response came on 20 January off you aren’t quite as blind as you say his income was in no way overstated 2008: “As a consequence of such termi- you are, Piek. (Piek claims that his gross income over nation you and Capital Solutions are Steyn was frogmarched into a meeting and told to back off or seek alternative employment Piek and Van Schalkwyk weren’t told that period was some R172,000 per no longer entitled to receive any re- who this “tip-off” had come from, but month). Van Schalkwyk delivered his newal or trial commission in respect of they’re pretty sure it was from a man report to Adrian Gore and Discovery business you submitted prior to termi- who had accompanied them on a game Life CEO Herschel Mayer on 5 No- nation.” This deprived Van Schalkwyk reserve jaunt, who was quite jealous vember 2007, and requested an urgent of significant income. when he heard about Piek’s Discovery response. To date, he’s heard nothing. So what gives? To Van Schalkwyk it’s pay-out. (It transpired that Discovery Telling Discovery “Your company has simple: Given Piek’s medical history, the had been sent a photo taken on the failed our client; what was once sub- second proposal should never have been trip of Piek on a quad bike. Piek says lime has denigrated to a disgrace” may accepted – the underwriter made a mis- Van Schalkwyk was sitting behind him have had something to do with it. take, and has been dismissed. He admits steering the bike and they were travel- Someone who did get back to Van he was surprised that it was accepted, ling at about 5kph.) Schalkwyk was Sylvia Steyn, Discovery but adds: “I simply put forward the pro- It also emerged that Shane had been Life head of claims. According to Van posal. Piek made full disclosure.” following Piek to his gym in Boksburg, Schalkwyk, Steyn told him that, with After 18 months of heavy payments, and had taken videos of him finding his the information it now had, Discovery Discovery’s re-insurer told Discovery way around the weights’ room (Piek’s would resume payments. But, says Van that it had messed up, and it would been using the place for eight years so Schalkwyk, a short while later Steyn have to bear the loss itself. Over Piek’s of course he knows his way around – called to say she’d been frogmarched expected lifespan this could come to se- and someone always drives him there). into a meeting and told by her supe- rious money, up to R135m. More than The Discovery team also claimed that riors that she should back off or seek enough for which to ditch a client – and Piek had misstated his income, even alternative employment. She added a valuable broker. suggesting the two were in cahoots. that, in her view, Discovery would be This was Discovery’s commment on The meeting got a bit heated, with Van severely embarrassed should the mat- the story: “Discovery Life has insti- Schalkwyk asking Marius Smit if he’d ter go to court. tuted legal action against Mr Piek. The like to do a little test – take Piek out This may well occur. On 30 October South Gauteng High Court has set the to the highway in your car and let him 2007 Jaco Brand, General Manager: matter down for hearing on 10 October drive back (Smit declined the offer). Individual Life Administration, Dis- 2011... As the matter is sub judice we Eventually it was decided that Piek covery, wrote to Piek: “[You] misrepre- are not in a position to provide further would have further medical tests and sented your income and breached the information or comment.”

noseweek Ja n u a r y 2011 9 xxxxxxxxx

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The only place you will find us in NOSEWEEK is right here ANDREW 083 655 0366 Battling GREGOR 082 829 6969 with medics

SOUTHERN DRAKENSBERG Discovery Health plays hardball

SUMMER VALUE SPECIAL* h a n k y o u f o r c a l l i n g Discov- thyroid lobectomy, to be performed by a Valid until 15 December ery; we may record this call to Dr Gordhan, a surgeon who would only Enjoy the Drakensberg as it used to be! monitor the service we give be available some days later. you.” So says an automated While this was going on, Rose had voice says when you phone a very unpleasant experience. On the “TDiscovery Health. In truth, this should third day two admin people came to the be followed by: “We won’t give you a ward – during visiting hours when it copy of the recording, especially if it was at its fullest – and told Steyn that shows we messed up.” her authorisation had been retracted, R695* Meet Rose Steyn (65) of Florida, and that if she couldn’t pay her way she *Dinner, bed & breakfast pp/n sharing. Gauteng. Steyn has been slugging it would have to leave. A highly upset and Children under 12 sharing stay free! out with Discovery since spending embarrassed Steyn rushed through to (Subject to availability/Terms & conditions apply) three weeks in hospital in 2008. She’d Dr Hudson’s rooms, where he again as- 0861 SANI PASS been unwell for some time with symp- sured her that “things would be sorted 076 583 6335 0861 7264 7277 toms that included sweating and chest out”. When she returned to the ward, pains, when her GP referred her to spe- she received a profuse apology from the www.sanipasshotel.co.za |[email protected] cialist physician Gary Hudson at the sister – a dreadful misunderstanding! Life Fourways Hospital. In the meantime Steyn’s daughter, Hudson, it seems, is very popular, Del Butts, had been on the phone to and Steyn couldn’t get through to his Discovery, talking to Dr Andrew Mur- rooms by phone. So she emailed him ray, head of the Managed Healthcare saying she’d like to consult, and Hud- Division, and Lorraine Dos Santos, son replied that she should check into divisional manager in director Adrian the Life Fourways Hospital on 17 Octo- Gore’s office. Both assured Del that ber 2008, and gave a medical aid code things would be sorted out, and indeed she would need. She phoned Discovery Dos Santos phoned back to say she and was given a one-day hospital au- had a new authorisation number. She thorisation before checking in. Hudson asked Dos Santos to phone it through didn’t get around to seeing her until to Life Hospital Fourways, which ap- the following day, so Rose told him she parently happened, because Steyn was concerned that her hospital au- spent the next two and half weeks in thorisation had expired. He assured hospital and had the surgery. In early her he would sort it out. November 2008 she was discharged af- Over the following days Rose had ter 21 days in hospital. all sorts of treatments and tests, as Yes, the number was a big one, up- diverse as physiotherapy for a sore wards of R80k. But the real shock was shoulder, an appointment with a clini- yet to come – Discovery denied all li- cal psychologist for depression, a gastro ability for her medical expenses, claim- examination and an MRI test. (Do we ing that the second authorisation had hear the sucking sounds of a milking been retracted by Dr Murray. In a let- machine? – Ed.) The diagnosis: hyper- ter Discovery sent to the Council of parathyroidism, which would require a Medical Schemes (which dismissed the

10 noseweek Ja n u a r y 2011 xxxxxxxxx DISCOVERY

complaint lodged by Steyn), hospital. As for the second au- Discovery said: “The Scheme’s thorisation, Murray claimed it position is that an authorisa- had been given by an unauthor- tion is not a guarantee of pay- ised junior. ment and the final adjudica- No agreement was reached tion of a request for funding and a second meeting was can only be made upon receipt scheduled, which Steyn attend- of the claim, confirming the ed. Not surprisingly things got condition and treatment re- heated, and Dos Santos eventu- ceived.” In a subsequent meet- ally walked out, telling Steyn: ing, Discovery’s Dr Murray “You should be fighting with Dr said an authorisation is no Hudson, not us.” An emotional more than an indication that Steyn ended the meeting with the company is likely to pay a plea: “Please, Dr Murray, pay the bill. my accounts and restore my So what was behind the re- dignity.” Progress was made, tractions? The reasoning is a with Murray apparently agree- bit garbled, but it seems to boil ing that Steyn should be li- down to two things. Firstly, able only for one day’s hospital there’s apparently an exemp- charge, the day she spent before tion in Discovery’s rules, say- seeing Dr Hudson. But Discov- ing the company isn’t liable ery still refused to pay R17,000 for hospital fees where the pa- of the R86,000. tient is admitted before they’ve Two things became apparent. consulted with a doctor (Dis- Firstly, Discovery was clearly not covery say this is a common keen to release the recordings occurrence with Dr Hudson, of the authorisations – Murray who requires people to go into promised to make the recordings hospital if they want to see available but didn’t; on another him at short notice). Secondly, occasion Dos Santos answered Discovery claimed Dr Hudson daughter Caroline’s request for failed to submit a written re- the recordings by saying she port, and did not had offered them to properly motivate her sister Del who Steyn’s hospitalisa- had failed to take up tion. They reckoned Dos Santos says doctors get patients to the offer; Dos Santos that much of the also told Steyn she treatment Steyn re- had posted the tapes ceived could’ve been consult in hospital because it’s more lucrative to her (they never ar- administered out- rived). Secondly, Dr side of hospital. Murray and Dos San- Steyn may have spent three weeks Ben and her other daughter, Caroline tos were very keen for Steyn to under- on her back in hospital, but she wasn’t Passmore. Discovery was represented stand that the villain of the piece wasn’t going to take this lying down. Steyn, by Dr Murray and Lorraine Dos Santos. Discovery but Dr Hudson. who admits that she’s irritable and Caroline had the foresight to record the Steyn says the message from Dis- difficult, kicked up an almighty stink. meeting, and the recording makes for covery was that doctors milk the medi- Phones rang, emails came and went interesting listening. cal aid. The recordings of the meet- and tempers flared. In one email to As for the first authorisation given ings certainly suggest that Discovery Steyn’s daughter Del, Dos Santos said over the phone, Murray and Dos Santos doesn’t have much faith in doctors. In she and Dr Murray had “explained the insisted that Discovery had been mis- one of the recordings, Dos Santos says situation to your mother to the point of led into giving it – they claimed that, doctors get patients to consult in hos- exhaustion”. In an email to Dos Santos, although Discovery was given a code, pital because it’s more lucrative, and Steyn said: “I am not of sub-normal in- it hadn’t been made clear that the pur- that doctors are now “writing their tellect and comprehend without having pose of the hospital visit was to consult. own cheques”. She describes Hudson to be tutored like a child. I have never When Caroline asked to be shown the and Life Fourways as “appallingly un- sought a free ride and regard insinua- rule that excludes hospital consulta- cooperative”, and says dealing with tion to that effect as an insult.” After a tions (it doesn’t appear in the hand- them is a “nightmare... like speaking to while, Discovery blocked her emails. book for members, but apparently does the dead”. Dr Murray even expresses A meeting was eventually set up to in the War and Peace-length version of doubts as to whether a motivation that see how much, if anything, Discovery the rules that members don’t get to see), came from Dr Hudson’s rooms was in would pay from Steyn’s savings and Murray muttered about the rules giving fact written by the doctor, saying “doc- other accounts. It was decided that it Discovery discretion to pay for clinically tors don’t write like that”. would be best if she wasn’t present, so appropriate hospital treatment, and Steyn says Discovery eventually she was represented by her husband that it isn’t appropriate to consult in a persuaded her that she should lodge a

noseweek Ja n u a r y 2011 11 complaint against Dr Hudson with the wronged by Discovery ...and I need the Steyn says: “Not only is it inconvenient HPCSA, because he had failed to sub- tape recordings to illustrate this.” Not – I’m in Florida, Gauteng, and they’re mit a proper report so Discovery could good enough for Discovery. On 30 Octo- in Sandton – but it’s not what I want. not pay her claim. She was loath to do ber Steyn emailed Mayet again: “Please I want the tapes in my hands. Other- this because she thought Hudson had do not stall matters.. to date Discovery wise, what’s to stop Discovery denying done a great job, but eventually agreed. have taken two years to produce tape what I say is on them.” This completely backfired: although it recordings which they maintained they Dr Hudson did not respond to a request did force Hudson to submit a report had at hand.” On 8 November Mayet for comment. Discovery’s response was which the HPCSA accepted as justify- responded: “As matters stand we wish curt: “Discovery Health is familiar with ing the hospitalisation, Discovery still to advise you that until and unless the Mrs Steyn’s complaint and our execu- refused to pay the final R17,000. form is duly completed, we are not in a tive team and medical advisers have en- So Steyn is liable for R17,000, which position to consider the merits of your gaged with her extensively. We have ex- she cannot pay as she’s a pensioner request for information.. you are wel- plained the reasons why we paid certain and her husband’s insolvent. Dr Hud- come to attend at our Walk-In Centre claims and declined to pay other claims son was hauled before the HPCSA and, in Sandton at a mutually convenient related to her hospitalisation. Mrs Steyn whatever anyone might think, has been time to listen to the voice recordings of lodged a complaint to the Council for cleared – and no longer wants Steyn as the conversations between us.” Medical Schemes regarding these fund- a patient. Understandably, Steyn is bit- Steyn responded on 9 November: ing decisions. After conducting an inves- ter: she was humiliated in the hospital, “In my letter to you dated 29 October tigation, the Council closed its file on the and feels that there’s a strong implica- I clearly advised you that the Section case. Based on the facts available to us tion that she’s a malingerer who spent F... was not explicit and I did not un- and the rules of the Discovery Health time in hospital as a sort of rest. She’s derstand the question... you have made Medical Scheme, no legitimate basis ex- determined to get her hands on the re- no attempt to indicate the purpose or ists for us to review our funding decision. cordings (especially the one in which implications of this question, only de- More recently Mrs Steyn has requested Dos Santos told her daughter Del that a manding that I complete and sign it.” we forward to her certain information second authorisation had been issued) Mayet responded: “I refer to your email regarding her hospitalisation. We have as she’s sure they’ll vindicate her. and advise that the contents thereof offered her the opportunity to access the On 17 October Steyn emailed Discov- have not given us any cause to alter information at our offices at a time she ery’s Dos Santos, again asking for the what was communicated to you.” Steyn finds convenient. This offer stills stands. recordings: “The con- However, she has tents of these tapes are declined to take up wanted as I know they the offer and, as have been misrepre- Rose Steyn responded: ‘I will not be legal proceedings sented. In short I want may follow in this to protect my honour matter, we believe and integrity.” Dos San- bullied into signing blindly’ it would not be ap- tos didn’t respond, and propriate for us two days later noseweek to engage further emailed her repeating the request. The responded: “I note that you have no with Mrs Steyn, or the press, regarding very next day one Khalik Mayet (Head: intention of giving me the tape record- her complaint.” Legal, Risk & Compliance), sent Steyn ings, nor the meaning of F1. I will not Let’s give Rose Steyn the last word: one of those arsehole communications be bullied into signing blindly.” “When all my medical accounts were that lawyers are so good at: “In terms Next day Mayet replied: “As matters rejected and the authorisations with- of Section 53 of the Promotion of Access stand and given the tenor of communi- drawn/revoked an ad came on 702 for to Information Act a request for access cations between ourselves, we think it medical attorneys, Munro, Flowers and must be in the prescribed form... to fa- prudent that you get independent advice Vermaak. I immediately phoned them cilitate the appropriate consideration regarding the meaning of question F1.” to get an appointment. This was my of your request, we have attached the Steyn responded: “It is a sad day when first introduction to the power game prescribed form... please take particu- a member of your society should have that Discovery play. I was politely told lar note of Section F... this is of signifi- to exercise caution and seek independ- by Karen Vermaak that they are the cance especially in the light of ...your ent advice before signing an ambiguous preferred attorneys for Discovery and correspondence to our Ms Dos Santos document. You should be explicit with unfortunately would be unable to as- on 17 October in which you (regretta- what you ask members to sign. Allow me sist. Very early in my dilemma I learnt bly, in our view) intimate a desire to to state that I will not be intimidated by that I was on my own in a David vs Go- withdraw your scheme membership.” your legal knowledge.” Mayet responded: liath situation. When I visited the offic- Steyn completed the form, but left “We think it best that both parties desist es of Discovery, my jaw dropped when I blank Question F1 because she didn’t from corresponding. Discovery is intent saw the luxuries they provide for their understand it. It says: “Indicate which on not dragging matters on endlessly.” staff. There are bowls of fruit all over right is to be exercised or protected.” So, to avoid releasing some record- the place, small parcels of cashew nuts Steyn did respond to the next question, ings, Discovery is quite happy to lose a everywhere, fancy coffee lounges. I was F2: “Explain why the requested record client, put a client and a doctor through aghast, it appeared very luxurious and is required for the exercising or protec- the wringer, and take the bad publicity extravagant.” tion of the aforementioned right.” An- that goes with it. As for the offer to let Welcome to the world of private med- swer: “It is my opinion that I have been her listen to the recordings in Sandton, icine Mrs Steyn.

12 noseweek Ja n u a r y 2011 DISCOVERY

Sarah is a nice jawline but no teeth. “Why bother?” asks an exasperated Snijman. She’s been told that if there are no teeth in place whilst the jaw heals and recovers, the facial structure ‘You don’t REALLY collapses, the tongue swells, and the front of the lip caves in. Which would make the initial surgery a complete waste of time. Predictably the cost of the portion that Discovery won’t pay is high. But the specialists whom Snij- need teeth’ man has consulted are unanimous that the treatment Sarah needs, including crowns and implants, can be described n o t h e r p e r s o n totally angered by as rehabilitative dentistry and should Discovery Health is Shelley Snij- fall under the PMB payments. man of Johannesburg. She’s been As one specialist says: “How is it that with Discovery for 11 years and When Sarah’s the rehabilitation of the teeth is ex- her plan also covers her 19-year- cluded from trauma benefit? The teeth Aold daughter Sarah Wolmarans. Sarah bone structure had were perfect prior to the accident.” was involved in a nasty motor accident Discovery comments: “Discovery in Kwa-Zulu Natal in November 2009, Health has interacted at length with suffering serious head injuries and fa- to be re-aligned: Mrs Snijman via the family’s financial cial trauma, including a fractured low- adviser. We have confirmed that we will er jaw, the loss of six teeth, and the loss Discovery refused fund the expenses related to Sarah’s of a centimetre of jawbone. At the time injuries based on the applicable benefit of the accident Sarah wore orthodontic to pay for ‘cosmetic on their Discovery Health Plan and to braces, but these did not aggravate her the maximum limit. We have explained injuries. treatment’ to the family how they may go about Sarah spent seven days at the West- appealing our decision via independ- ville Hospital (three in ICU), where obtain a denture mould, then replaced. ent channels, including the Council for she was treated by a maxillo-facial At one point the maxillo-facial sur- Medical Schemes. If they remain dis- surgeon (Snijman had asked that Sa- geon treating Sarah in Johannesburg satisfied, we encourage them to make rah be transferred to Johannesburg requested the assistance of an ortho- use of these appeal channels. Discovery but Discovery refused). Internal fixa- dontist to move the teeth into place Health applies the rules of the Discov- tion plates and wires were used to keep with elastics and bands. But this didn’t ery Health Medical Scheme consist- her jaw closed, but it seems the work work out because Sarah’s jaw and ently and fairly to all members, and wasn’t done very well. Sarah returned bone structure had to re-aligned. Once we believe that we have done so in this to Joburg for post-surgery care. again, Discovery refused to pay for the matter.” But when Snijman began submitting orthodontic treatment, saying it was Snijman is disgusted, especially as orthodontic and related surgical ac- cosmetic. Snijman was by then out of within 72 hours of her daughter’s hos- counts – wires incorrectly placed by the pocket by some R30,000. pitalisation she was put under pressure surgeon in Durban had to be removed; In desperation, Snijman asked her by some attorneys (“ambulance chas- new wires had to be inserted; dentures broker for help. The broker told her ers” Snijman calls them), to submit a were needed to ensure that Sarah’s that Discovery’s handling of the matter Road Accident Fund claim and agree mouth didn’t lose shape – she was told was “shocking”, but she couldn’t take to make over any compensation to Dis- by Discovery that this was all cosmetic, things forward. Snijman was told that covery. She was told that a clause in and would have to be paid from her she could appear before a committee her policy requires her to do this (there savings (which were depleted). of lawyers and specialists to argue her isn’t). She told them where to get off. Snijman is adamant that this is re- case, to which she could bring her own Shelly Snijman fights on: “After much habilitative dentistry directly related experts. Snijman obtained reports that deliberation I’ve decided to go public. I to the accident, and so should be cov- showed Sarah needed major orthog- am sure I am not the only person who ered by the prescribed minimum ben- nastic surgery to re-align her jaw as it has been given the run-around by this efits (PMB) fund or the trauma recov- had not been set correctly, which would big corporation, in the hope that they ery programme. Discovery argued that require two specialists. Discovery can- do not have to fulfil their obligation to the dentures were made more than six celled the proposed meeting, saying pay their share of medical expenses. weeks after the accident, so could not that it would “unpack” the case. “When we take out medical we are be covered by the PMB fund. But there But the unpacking hasn’t been a under the impression that we are cov- was a very simple reason for this – Sa- great success. Discovery is now pre- ered – until we need it. Then the medi- rah’s jaw was wired shut for a month pared to pay for the initial surgery of cal aid has some excuse as to why the after the accident. After that it was aligning the bone structure and insert- person is not covered, and what they some time before she could open her ing screws for the implants, but won’t are prepared to pay is far less than the mouth as much as 5cm, and the origi- pay for the crowns that go on top of the doctors’ accounts. I intend to fight to nal braces and blocks were removed to screws. So what Discovery is offering the end, until they concede and pay.”

noseweek Ja n u a r y 2011 13 s c h e d u l e d warts-and-all slide presentation by the chief execu- tive of Rand Water to his board was so alarming that the screen- ing was cancelled at the last xxxxxxxxxxxxxxxxxx minute.A xxxxxxxxxx It happened at the board’s strat- egy breakaway session to discuss the future of two of the group’s troubled subsidiaries, Rand Water Services and Rand Water Foundation. Chief executive Percy Sechemane had dug up some highly unflattering facts and figures from these subsidiaries’ ac- counts that didn’t show some of his main board directors in a very flatter- ing light. It had become horribly obvi- SAME OLD

ous that for some of them – including acting chairperson Mosotho Petlane – moribund, debt-laden and totally BULLuseless Rand Water Services has been functioning as a hidden cash box from which they've been generously supple- menting their directors’ fees. ment’s “very negative” presentation executive directors at the Services Hardcopy printouts of Sechemane’s and were “very vocal” about not allow- subsidiary. The printout revealed that slide show were distributed to the di- ing the show to go ahead. The source in fiscal 2009 non-executive directors rectors when they arrived at the strat- names them as Mdi Tsheke (Services’ at Services received R2.17m, where- egy meeting, held at a Pretoria hotel chairman) and Nolumphumzo Nox- as Rand Water’s 2009 annual report on 16 April last year. But, says nose- aka. “The acting chairperson of the states they only got R746,000. week’s source who witnessed the scene, main board, Mosotho Petlane [also The slide show revealed that in two of the main board non-execs – deputy chairman of Services] was 2008 Services’s non-execs received both of whom also sat on the board of against it too.” R3,082m, whereas Rand Water 2008 Rand Water Services – were shocked According to figures in the chief ex- annual report states they only got at manage- ecutive’s slide show, the audited ac- R621,000. counts of Rand Water are mis- Rand Water’s latest annual re- R BOS leading when it comes to port states that in fiscal 2010 acting WATE SES fees paid to non- chairperson Mosotho Petlane AND PUL received main board fees R L PL of R484,000, boosted UG O SHOW N UNFLATTE ING SLIDE 14 noseweek Ja n u a r y 2011 R by a further R246,000 from Services; was mandated to handle the group’s “I’m like a puppet that’s being strung Dawood Coovadia pulled in R278,000 social responsibility activities, and to around,” he complains. “This is limited from main board and R143,000 from promote the delivery of water service to one or maybe two board members Services; Mdi Tsheke got R395,000 to poor communities. The slide show who are creating the impression that from main board, plus R419,000 for pointed out that Foundation's board the board is in turmoil. There’s noth- chairing Services; Nolumphumzo Nox- members outnumber its employees. ing like that.” aka got R261,000 from main board, an The 2009 financial statements “in- Of his 16 April slide show, Seche- extra R135,000 from Services. Patri- dicate that Rand Water Foundation mane admits that he was not allowed cia Makhesha got R70,000 from main has incurred an accumulated loss of to make his presentation. “That may board, R62,000 from Services. R8,5m”, pointed out the slide show. be the case, but the reasons were noth- Rand Water Services, which became Rand Water’s 2009 annual report ing sinister,” he says. “I think in terms operational in 2005, was established stated that Foundation’s fees to its of the timing, at that particular point to offer water-related services and to directors totalled R694,000 that year in time, the board felt they needed “ring fence” commercial projects that (R473,000 in 2008). more time and more information.” didn’t form part of the parent’s prima- Although the slide show was can- And that decision, Percy Sechemane ry activity – bulk water supply. celled, Rand Water’s directors still tells us – scoop! scoop! – has now been In the early years, Services made had their hardcopy printouts to stew made. “As we’re talking a decision has gloomy returns. In fiscal 2009, for the over. And three weeks later attorneys been taken to disband Services. The first time, the subsidiary recorded a net for one of the non-executive directors, board has decided. As we talk it's hap- profit of R1,4m, after losses of R6,1m Phumelele Ndumo-Vilakazi, wrote to pening. All the [main] board members (2008), R5,2m (2007) and R3m (2006). acting chairperson Mosotho Petlane have been retracted from the subsidi- The 2009 profit was achieved on mas- calling for both the featured subsidi- aries and the staff of Services will be sively-boosted turnover (R51,5m com- aries to be wound up. absorbed into Rand Water. There won’t pared to 2008’s R16,8m). But, revealed “Rand Water Services and Rand Wa- be any job losses.” Sechemane’s slide show, this impres- ter Foundation are factually insolvent Sechemane, who became chief execu- sive revenue was only achieved after and have had to be supported finan- tive at Rand Water in 2008, is clearly the subsidiary had “cannibalised” cially by Rand Water by way of loan delighted with the end result of his con- turnover and “service offerings” from finance and the subordination of its tentious little slide show, although he’s parent Rand Water. New technologies loans,” wrote Ndumo-Vilakazi through not amused that news of it has got out. Next slide showed salaries paid to Services's 25-plus employees – up from R5,3m in 2007 to R17,6m

researched by Rand Water over the attorneys Goldman Judin. The letter “I felt this thing was not incubated the years were “highjacked” by Services. was copied to Water Affairs Minister right way from the beginning,” he con- Services was “selling our very own ide- Buyelwa Sonjica, who in June ordered fides. “I’m very happy that the outcome as, concepts etc back to us at a higher Petlane to appoint an independent au- is aligned to the position that I had.” rate”. ditor to investigate the allegations. And the Foundation? It looks as Next issue on the slide show agenda The minister clearly wasn’t thanking though it may survive. Rand Water was the soaring salaries paid to Serv- Ndumo-Vilakazi, wife of South African has its own corporate social respon- ices’s 25-plus employees – up from Airways HR manager Bheki Vilakazi, sibility division and in fiscal 2010 its R5,3m in 2007 to R17,6m in 2009. This, for kicking up a stink. “It is anticipat- water-related projects, in partner- revealed the slide show, had impacted ed that in concluding its investigation ship with other government depart- negatively on operational results. the auditor’s findings will bring this ments, amounted to R28,9m. Having Staff costs were “huge” for a “largely matter to final closure, thus avoiding the Foundation doing much the same inexperienced employee base”. The the negative publicity that naturally thing – the provision of water and ba- competence and experience of techni- arises out of such allegations,” Minis- sic sanitation in poor communities, cal staff was “questionable”. ter Sonjica wrote to Petlane. rehabilitating wetlands, Greening Financial issues included the sub- Rand Water, Africa’s largest water Soweto and so on, is now seen as an sidiary’s consistent net liability posi- utility, has 3,000 employees and annu- unnecessary duplication. tion and its inability to pay back debt al revenue nudging R5bn. Rand Water “We’re going to have one vehicle capital. At 30 June 2009 Rand Water’s Services, Sechemane tells noseweek, for corporate social investment,” says BO total approved investment in Services has a staff of between 25 and 30 people; Sechemane. “Frankly, between you WATER SSES was R26,448m (R12,5m equity and Foundation about 10. And he’s weary and me, I feel there’s nothing wrong ND PU R13,9m interest-bearing loan). and fed up with the disproportionate having that as the Foundation. We RA LL Rand Water Foundation, a Sec- amount of time he’s been forced to just have to tie down one or two loose PL tion 21 company established in 2004, spend on Services in particular. ends.” UG O SHOW N UNFLATT ING SLIDE ER noseweek Ja n u a r y 2011 15 RAND WATER SMS MAKES BIG

h e a n o n y m o u s s m s rocketed around Tsheke and Prof Frederick Otieno. remember from the last time when we the cellphones of Rand Water’s So incensed was outgoing chairper- had a call that I have nothing to say to SPLASH!main board. It read: “Colleagues, son Jean Ngubane that she ordered an you,” he snaps. as we are aware that time is of internal forensic investigation to iden- This attempt to throw the existence essence, to move swiftly I propose tify the sender. The probe was to drag of any anonymous SMS into question theT top five to be axed should be: Coo- on for 10 months, assisted by a small is eclipsed by Badenhorst’s own confi- vadia, Ellman, Maluleke, Makhesha & army of external consultants, and dential 10-page “final report” of his fo- Petlane. If the need arise then Mdi & proved to be a mission that finally de- rensic investigation, which in dogged Prof. I await yr input.” feated Rand Water’s manager of group detail relates the sometimes question- Sent by BlackBerry, the SMS caused forensic services Barry Badenhorst. able steps the sleuth took in his at- uproar in the Rand Water boardroom. (Readers may recall the brusque, bad- tempt to unearth the elusive mole. For it was mid-February 2009 and a tempered Badenhorst – “what gave Not much luck with Rand Water sensitive time at the embattled pub- you the idea that I would be discuss- chief executive Percy Sechemane ei- lic utility, where the appointment of a ing anything of this nature with you?” ther (last year’s package R2,5m, which new board was just weeks away. The – from coverage of some of his earlier includes a R511,000 “performance in- nameless sender was proposing the forensic frolics in nose94.) centive” bonus). “I’m weary now. I’m axing of directors Dawood Coovadia, Three years on and time has not getting tired of these questions,” sighs Michael Ellman, Mohale Maluleke, improved his manners. An anony- Sechemane. “Why is this newswor- Patricia Makhesha and Mosotho Pet- mous SMS? “I don’t know where you thy?” he demands. “People were say- lane. And, “if the need arise,” Mdi get your information, but I think you ing they were being accused of having

16 noseweek Ja n u a r y 2011 sent the SMS. I’ve never really taken the detectives’ contacts within the “made it quite clear that an additional this seriously.” service providers. effort should be made” to identify the But what about the cost of your fo- After the “arduous” process of re- SMS’s origin. rensic investigation? “There wasn’t ceiving these detailed billings, each On 19 August 2009 Badenhorst necessarily a cost, because we used statement was “analysed thoroughly”, told Petlane of his “fruitless” discus- internal people,” says Sechemane. “At writes Badenhorst. But it became “very sion with a board member who was the end of the day I’m accountable for clear however at this stage that unless demanding anonymity. “This board public funds.” additional information was received it member denied any other knowledge Indeed – especially since Baden- would be an almost impossible task to of the SMS in question”. horst’s forensic report tells a differ- identify the origin of the SMS”. SMSs In the renewed probe, external con- ent story. Citing the employment of a were reflected as DATA/SMS on bill- sultants were again retained and di- whole host of external consultants, he ing statements, and although they in- rectors’ cellphone records were again relates how one such was wheeled in dicated the number that had received analysed. Without success. “to analyse the Rand Water [IT] net- it and from which number it was sent, On 24 August Badenhorst poured work to determine if the network was it did not give any detail of the mes- his woes into the ears of a new service utilised” by the SMS sender. Based on sage; neither did the message have a provider, Kenny Roberts, managing the consultant’s analysis, it was con- reference number for cross-referenc- director of LexLegis, who told him he cluded that the SMS was “probably ing purposes. had a source in the MTN network. The distributed via the cellular networks Another problem was identifying following day Badenhorst received the by utilizing cellphones”. Brilliant! secretive board members’ cellphone cheering news that the MTN Foren- That has to be worth a mint in exter- sic Unit had decided to “investigate nal consultancy fees. the possibility of tracing a SMS mes- The forensic investi- sage in the database”. gation started with an The offending SMS analysis of chairper- FORENSIC PROBE was duly forwarded to son Jean Ngubane’s MTN and the following desktop PC. Her hard day Badenhorst was drive was copied, ORDERED TO told that MTN would revealing to Baden- attempt to identify the horst and his team UNMASK SENDER SMS originator by estab- an intriguing scoring lishing a footprint of the evaluation exercise message “by determining performed by Ngubane on the com- characters, line spacing petence of her boardroom colleagues, numbers. Here Badenhorst and data size” and then which must have been a source of again made use of “external resourc- applying it to their own database. great entertainment to them. es” to utilise their contacts within However, MTN required Rand Wa- The next step was to analyse detailed the respective service providers to ter’s chief executive to file a Promotion billing records of board members’ cell- obtain IMEI (International Mobile of Access to Information application. phones. Directors were asked to give Equipment Identity) to link directors They also required certified copies of their consent to these being called for, with cellphone numbers. Where IMEI board members’ IDs, as well as new but by the end of March only half the checks were returned as “private num- memoranda authorising MTN to re- board had done so. Badenhorst decid- bers”, obliging sources in the service lease detailed billing statements. But ed to go ahead anyway. providers, for “a cost”, performed an board member Phumelele Ndumo-Vi- Enter more external consultants, “IMEI vs handset analysis”. This exer- lakazi refused to sign, saying she had to conduct a decidedly questionable cise, explained Badenhorst, identifies earlier received a note stating she was exercise. As Badenhorst points out in where additional sim cards (private not implicated in the investigation. his report, the respective service pro- numbers) were used in contract cell- On 5 November 2009 Badenhorst re- viders (MTN, Vodacom, CellC etc) do phones. All that exercise revealed was ported that without Ndumo-Vilakazi’s not provide information on their cus- that several board members at Rand consent MTN would not release the tomers’ cellular records without a Sec- Water do indeed use additional sim requested detailed billing. And finally, tion 205 authority under the Criminal cards in their contract phones. on 1 December, Rakesh Ishwardeen, Procedure Act, or a Promotion of Ac- By 6 August 2009 there was a new head of MTN law enforcement liai- cess to Information application. In the Rand Water board in place – all the di- son, told Badenhorst what he already absence of either, Badenhorst admits rectors whose axing was suggested in knew – that SMSs sent via the MTN in his report: “I had to use external the anonymous SMS were re-elected, network “do not have any unique iden- investigative resources to obtain these with the exception of Mohale Malule- tification numbers” making it impossi- cellular statements from their sourc- ke. But Rand Water chief executive ble to trace the origins of the SMS. es in the respective cellular service Percy Sechemane told Badenhorst So. All that “forensic” work, all those providers.” that the new board “insisted that the external consultants, all that money He was telling the board that he used investigation should be concluded”. spent to try and establish who sent – and presumably paid for – private Badenhorst says in his confidential one silly shit-stirring SMS. Still, these detectives (“investigative resources”) report that he “again explained the sprawling cash-laden public utilities to improperly and illegally obtain de- intricacies of the investigation” but have to spend the taxpayers’ money tails of directors’ billing records from acting chairperson Mosotho Petlane on something, don’t they.

noseweek Ja n u a r y 2011 17 Re u y i n g o v e r t h e p h o n e by telesale may prove a hazardous or even sorrowful affair. What exactly is promised, accepted and agreed? Insurance companies like Absa BLife claim that their telesales pitches are always recorded. Maybe – but in Andy du Toit’s experience, that's no guarantee the bank won’t lie about it later. In June 2007, while employed by a vehicle conversion company in Johan- nesburg’s Jet Park, Du Toit (53) took out insurance with Absa Life against death, disability and retrenchment. It was one of those spur-of-the-moment telesales decisions, but he was left AT SEA with the impression that, should he be retrenched, he was covered for the complete outstanding amount on his Absa credit card, up to R50,000. In October 2008, at which time his monthly premium (a moveable amount based on the outstanding card debt) was R41.87, Du Toit and his employer parted company. But it was not until 13 months later that Du Toit was re- minded by his wife that he had insur- ance against retrenchment. He duly submitted a claim to Absa Life stating that he had been retrenched and that the outstanding balance on his credit card at the time was R28,000. Du Toit was pleased to receive an email advising him that his claim had been approved. But not so pleased when Absa Life paid just R6,699 into his credit card account. He wrote to Absa Life’s senior claims assessor Mariska van Niekerk questioning the payout. “According to my understand- ing of the policy, I was insured for the complete outstanding amount on my credit card,” he told her. Not so, replied Van Niekerk. Ex- amination of the recording of the tel- Life policy lands client ephonic “credit life” sale, she told him, revealed that “under no circumstances has the agent led you to believe that in deep water retrenchment would cover the full out- standing amount on your credit card”. all four instalments added together months = R6699.20.” The agent, she said, had read him the directly into your credit card. This In June this year the ombudsman full “declaration and exclusions” and amounted to R6,699 in total.” She trust- made his ruling. When Du Toit took explained that a copy of the policy ed he’d find this to his satisfaction. out the policy he was advised that he wording was available on request. He didn’t, and appealed to the om- could cancel it within 30 days of re- Van Niekerk attached a copy of the budsman for long-term insurance, ceiving the policy document if it was policy, which indicated that Absa Life Judge Brian Galgut, telling him what not what he wanted. Although Du Toit would pay only 10% of the average the tele-salesperson had led him to never received a copy of the policy, he outstanding balance of the previous expect. Absa Life told the ombuds- should have followed up and asked for month for the duration of unemploy- man how the amount on Du Toit’s one. And the policy explained the re- ment, limited to four monthly instal- claim was calculated: “R41.87 (credit trenchment benefit and its exclusions. ments in total. “You were retrenched life premium as of 1 October 2008) The final ruling: “The insurer is not on 31 October 2008; we only received divided by 0.0025 multiplied by 10% liable to pay a higher benefit to you your claim in 2009 and therefore paid = R1674.80. R1674.80 multiplied by 4 than the amount already paid.”

18 noseweek Ja n u a r y 2011 However, Absa Life then offered Du Life nevertheless admitted the claim. appeal judge has emailed him: “The Toit an additional R1,500 – which he Furthermore, although one of the ex- final decision has been communicated rejected. He found it fishy that Absa clusions to a retrenchment claim is to you and as far as I am concerned Life was unable to produce the record- that the insured accepted voluntary the matter is closed.” ing of the June 2007 telesale. “If they retrenchment, Absa Life paid him out, n After fresh protests from Du Toit, cannot produce the taped telephone despite the fact that his retrenchment Absa Life shelled out an additional conversation between us, surely they fell into this category.” R8,406. “Absa never gave the judge the have something to hide?”, he wrote Andy du Toit, predictably, is still liv- correct amount due,” he says. “They to the ombudsman. But once the om- id and insists he’s been shortchanged. only gave him the budget amount bud has made a final determination “I’m owed at least another R10,000,” outstanding and did not include the its function is at an end. All Du Toit he tells noseweek. But after a pro- R8,406 that was outstanding on my might do is lodge an appeal. testing note to Judge Levinsohn the straight account.” In his letter granting leave to ap- peal, Judge Galgut had a surprising fed-up with people poking their noses into your affairs? bit of news. He had managed to secure Absa Life’s recording of the telesale then hide-away at one of our discreet destinations... and told Du Toit: “What was said to you in the conversation, without qual- ification, was that ‘the sum insured is Escape the paparazzi and bright lights... equal to the outstanding balance of your credit card up to a maximum of head off with your partner (and Noseweek) Need to evade a no(i)sy journalist? R50,000’. The consultant concerned did not add that that would apply only to any of Portfolio’s 500 hand-picked places then relax at one of our tranquil, in-cognito destinations… to your death or disability, and that as far as retrenchment is concerned there would be a substantial limit to the amount payable. if you’re not in Noseweek… “You may well have been left under the impression, therefore, that in the Portfolio it’s because you found a safe refuge in one of our serene destinations event of your retrenchment you would be covered for the full event. An ap- www.portfoliocollection.com peal tribunal may well hold in the cir- cumstances that you were misled and are entitled to relief as a result.” Meet the people that have dodged the nosy journalists... Mr Justice Phillip Levinsohn, former deputy judge president of the Kwa- in one of our upmarket, discreet destination. Zulu Natal High Court, heard the ap- peal. In his 8 November decision the judge said the significant difference between benefits paid out for death or disability and retrenchment, had not been explained to Du Toit in the from disaster to delight 2007 telesale. “It was represented to him that if he was retrenched the full balance then owing on his credit card up to a maximum of R50,000 would be covered by the insurance.” Contrast that with the shameful assertion by Absa Life’s Mariska van Niekerk of what the recording of the telephonic sale had revealed. Judge Levinsohn said Du Toit was entitled only to the sum payable on his credit card when he was retrenched, not to the capital amounts still out- standing on his budget accounts. Since this was R9,919 the judge ordered Absa Life to pay Du Toit a further R3,219. A spokesman for Absa Financial Services told noseweek: “Despite the Benchmark of the Best fact that Mr Du Toit claimed more THE INFORMED CHOICE FOR THE INDEPENDENT TRAVELLER than a year after the retrenchment event – the policy requires a claim KAROO LODGE - SAMARA PRIVATE GAME RESERVE to be lodged within 120 days – Absa

Noseweek 183x120.indd 1 11/24/10 9:16:22 AM noseweek Ja n u a r y 2011 19 Swellendam’s Dutch Reformed Church

THINGS

h e s m a l l t o w n o f Sw e l l e n d a m in the Western Cape is fortunate in FALL APART having as its municipal manager one of the province’s most highly qualified, experienced and re- now ID). In the meantime, the run- prospect of raiding its capital budget spectedT local government officials. ning of the town has been entrusted to to pay its operational bills. Pity Nico Nel has been unable to do a junior manager, Mervyn Steenkamp, The official reasons for Nel’s sus- his job for the past four months, on ac- which could explain why no rates ac- pension are so vague, unsubstanti- count of being put on “forced leave” by counts were sent out for three months ated and unlikely, it’s little surprise the mayor, Jan Jansen (formerly DA, – and the municipality is facing the no disciplinary hearing has yet been

Why did Swellendam sack one of the Western Cape's most competent officials?

20 noseweek Ja n u a r y 2011 held. Nor has Jansen been willing proached Nel and demanded the right of staff and even of altering the min- to explain his actions to the towns- to develop 80,000sqm or two-thirds of utes of a council meeting in an effort people. After repeated requests for a the site. What’s more, he thought it to hinder Horizon’s application. With- meeting had been rebuffed, members only fair that Swellendam ratepayers in hours of receiving this letter, Mayor of the Swellendam Ratepayers’ As- should stump up for access roads and Jansen wrote to Nel, making almost sociation resorted to stopping him at other infrastructure, which Nel esti- identical accusations and informing the entrance to the municipal offices. mates will cost between R100m and him of his imminent suspension. But his supporters were conveniently R150m. Every one of Nortje’s charges has on hand to screen him from his demo- Nortje complained that the condi- subsequently been rebutted in an cratic chores. tions on his development were much open letter distributed throughout the An urgent appeal in early August to more stringent than those imposed district by the ratepayers’ association the notoriously slippery MEC for Lo- on another developer, Sentraal-Suid and Swellendam Business Chamber. cal Government, Anton Bredell (see Ko-operasie (SSK). Which is true, but On Nortje’s claim that Nel altered “Pass the Parcel”, nose134), was met not strange, as SSK plans to build a council minutes, the open letter points with the assurance that an investiga- shopping centre on a former industrial out that this charge was investigated tion was underway. But it wasn’t un- and commercial site right on the main in June by an independent advocate til late October that a provincial task street, smack-bang in the middle of and found to be groundless. (That lit- team made it to Swellendam. the CBD – and already connected to tle exercise cost ratepayers another Their report was meant to be re- municipal services. R6,000.) leased in early November, but almost When Nel remained unmoved, Nortje Accusations that Nel and Hattingh a month later, Bredell had yet to make turned his attention to the town’s unfairly favoured the SSK develop- elected representatives. In March this ment are demolished point by point. year, Mayor Jansen suddenly proposed For instance, Nortje claims that the Every one of Nortje’s charges has been rebutted in an open letter

that the council change the SSK site was rezoned it public. Nevertheless, noseweek pos- long-since-approved conditions on the “within weeks” while he had to wait sesses enough evidence to give read- SSK development to make them more five years. In fact, the letter points ers a fair idea of what’s been going on arduous. SSK immediately applied for out, the SSK rezoning took two years – and right in the thick of it is a meg- an interdict, which the council chose while Horizon’s took one year and nine abucks property developer. to oppose, unsuccessfully, at a cost to months. It also quotes a complaint by In 2007, Jean Nortje’s Cape Town- ratepayers of R133,000. Nortje, that the town cannot sustain based company, Horizon, bought 12ha Then in April, councillor Harry Zass two shopping centres, as evidence that APART of agricultural land on the outskirts (ANC) popped up with the suggestion his real intention is to scupper the ri- of Swellendam with the intention of that Nortje be allowed to double the val SSK project. building a mega shopping, housing size of his development, to 15,000sqm. When noseweek called Nortje he and industrial complex just off the And a majority of councillors was stuck to his claims, saying Nel and his N2. (Nortje says he paid R20m for the persuaded. But Nortje wanted much supporters were conducting “a witch property, but the seller, deputy mayor more. So he began to target those of- hunt” and that there was a conspiracy Matthys Koch, says it was less than ficials and councillors who remained among local business owners to block R6m.). impervious to his charms. outside developers. “Who owns the Neither the town planning depart- In April and July he wrote to Mayor town?” he demanded. When nosew- ment, the engineering department, Jansen complaining about Nel, the eek confessed to being stumped, he nor Nel himself had any objection to head of town planning, Willie Hat- followed with “Have you heard of the Horizon’s application as long as it was tingh, and two DA councillors, Mat- Broederbond?”. in line with town planning guidelines thys Koch and speaker Toit Loubser. Mayor Jansen failed to respond and accepted practice. These required In the July letter, Nortje makes the to voice messages, and when nosew- that Horizon confine its development “suggestion/recommendation” that all eek emailed him a list of questions, to an area of 7,500sqm and pay for the four be excluded from any further con- claimed (incorrectly) that the matter infrastructure required to connect the sideration of his application. was sub judice. Calls to the munici- virgin site to the municipality’s bulk But most of Nortje’s vitriol is direct- pal switchboard were not answered. services and the road network. ed at Nel, who he accuses of partisan- Apparently that’s the way it’s been in But this didn’t suit Nortje. He ap- ship, dereliction of duty, intimidation Swellendam lately.

noseweek Ja n u a r y 2011 21 Judge plannersHAMMERS

h i n g s a r e f a r f r o m w e l l in the And if you can — do you have what it that it was all down to the City’s in- Mother City’s Planning Depart- takes to do something about the situa- competence. They said that they made ment. In noses127&133 we report- tion? The ratepayers are calling for a various attempts (using town planning ed on how a group of Bantry Bay clean, competent and effective admin- consultants) to find out whether there residents successfully opposed the istration for their city.” were in fact any conditions attached constructionT of an eight-storey, 39-unit The judgment in one of the cases to the approval, but that they got no- apartment block slap-bang in the mid- launched by the the association was where because the file was missing and dle of their lovely suburb. handed down by Judge Binns-Ward because letters were ignored. Now, in a recent letter to the Atlantic of the Western Cape High Court on 16 The judge accepted that, although Sun, Dr Patrick Morton says that the November. The case pitted the associa- each local authority is obliged to keep Camps Bay Residents & Ratepayers tion against David and Susan Hartley a “register of departures”, the word Association has brought no fewer than who were seeking to build a double “register”, certainly in the case of Cape eight successful cases against the City’s dwelling on a single dwelling property Town, is a complete misnomer – far Planning Department, and is currently in Camps Bay. The association sought from being an easily accessible record, involved in a further three cases. Mor- an order setting aside a City Coun- it consists of thousands of files at any ton speaks passionately of a “recurrent cil approval for the building, and the number of locations. And, said the failure of the Planning Department of Hartleys opposed the application. On judge, as for the “zoning maps” that our City Council to provide the protec- the day before the hearing, the City councils are obliged to keep, in the case tion that all residential communities in Council submitted an affidavit explain- of Cape Town these seem to be next to our town not only deserve, but actually ing that the approval had in fact been useless. pay handsomely for with their rates”. subject to certain conditions or “depar- Although the judge had sympathy for Morton says it’s incumbent on coun- tures”. As these conditions had clearly the couple’s plight, he held that they cillors “to grasp the nettle and take up not been complied with, the Hartleys’ were liable for the association’s costs. the challenge of addressing the chronic opposition fell away, and the only is- The reason – the conditions had in fact and dire situation that prevails, where sue was whether they should have to been communicated to the Hartleys’ developer after developer succeeds in pay the association’s legal costs, which agent (the architect) in the standard attempts to maximise their profits at were no doubt significant as the court “final notification letter”, but unfortu- the expense of the whole community, record ran to some 700 pages. nately he had failed to pass this infor- by being granted approval of plans that So why should the Hartleys, the los- mation on to the couple, with the result are, quite frankly, illegal”. He ends col- ing parties in the case, not be liable that the architect who replaced him ourfully: “Alarm bells are sounding as for costs? The couple argued that they knew nothing of conditions and pro- loud as the Mouille Point foghorn. Can were in no way to blame for having ceeded with something quite different anyone up there in council hear them? needlessly opposed the application, and to what had been approved.

22 noseweek Ja n u a r y 2011 PARIS FRANCE Judgments dealing with planning is- reference to the zoning map. I think it Sunny, spacious apartment Fully equipped kitchen sues are generally turgid affairs – you may safely be inferred from this com- 5 mins from Champs Elysees, shops, restaurants, have to familiarise yourself with terms mon omission that the map also does airport shuttle & metro. that are understood by only the few who not fulfil an effective role in informing English TV, free internet and phone. cultivate the dialect, but are incompre- anyone of the existence or the nature of 120 per day hensible to anyone possessed of a life. departures applicable to any land unit. 25 Rue Paul Valery, 16th, Terms like LUPO (Land Use Planning It is furthermore not clear how accessi- Metro Victor Hugo [email protected] 082 900 1202 Ordinance) and SPELUM (Spatial ble the zoning map is to the public.” www.pvalery.com Planning, Environment and Land Use As to whether sending a “final notifi- Management). So a big hand for Judge cation letter” to the owner and putting Binns-Ward for doing an admirable job a copy in a musty old file notifies the of making very tedious subject matter public of departures: “The duty could comprehensible. Well done for applying be carried out by publishing the condi- the one thing that’s so often missing tions in the Provincial Gazette, or, even in court judgments: common sense (if more effectively, by requiring them to things don’t work out on the bench, or be registered against the title deed of perhaps Hlophe becomes a bit much, a the affected land unit. Had the condi- job awaits you at noseweek). tions been registered in the current Now you might say that if God had case, the unlawful and invalid approv- wanted judges to tell government of- al of building plans would in all likeli- ficials how to run their departments, hood not have occurred.” he would never have created manage- Next. the issue of the delegation of ment consultants. That may well be so, authority by a municipal council of its but clearly the consultants aren’t doing functions: “The respondents [the Hart- their jobs. So here’s what Judge Binns- leys]... pointed to the difficulties they Ward had to say to those at the City and their representatives had had in of Cape Town, and indeed to planning trying to obtain a copy of the record types throughout the land. He started of delegations. They averred that they off with some generalities: “I consider had been pushed from pillar to post it to be appropriate... to highlight some by various officials of the municipality of the pertinent shortcomings in the during their endeavours to obtain the administrative process and draw to relevant information. They had even- the attention of the relevant organs of tually been informed that they were state certain measures which require required to make a formal application attention if cases similar to this are to for the information in terms of PAIA. I be avoided.” consider that a local authority’s system Making the point that zoning schemes of delegations is something that, by its “regulate land use and development nature, should be available to the pub- so as to promote the co-ordinated and lic without the formality of a request, harmonious use of land”, he said that as defined in the Promotion of Access clarity is all-important: “The public, to Information Act.” and most certainly the owners and oc- The final issue for the judge was cupiers of land in the close proximity... “the unwholesome situation of a partly have a cognisable legal interest in com- completed building standing unattend- pliance with, and the enforcement by, ed for months while litigation took its the local authority with the provisions course”. This, according to his Lordship, of the applicable zoning scheme. It is a could’ve been avoided if the City had basic tenet of the rule of law that law heeded earlier advice from the Consti- cannot be effective if its content is not tutional Court to invite comment from clear and readily accessible.” neighbours. “This would significantly Then on to the register that should reduce the chances of approval of plans record the departures – dealing with its in cases where some of the disqualify- “abstruse nature”, the judge described ing factors exist but were not discov- it as “illusive... not only to the public, ered by a local authority.” but also to professionals engaged in A timely reminder of why lawyers the field of land use and development run the world. Will this advice be heed- and even the local authority’s own ed? The judge did order the registrar officials”. of the court to send his judgment to And the zoning map: “It was re- the Western Cape Minister responsi- markable that none of the witnesses, ble for development planning, as well whether they be municipal officials or as to the City Manager. At least the professional town planners or archi- “Nuremburg defence” will no longer be tects, made any mention of having had available.

noseweek Ja n u a r y 2011 23 Good copyright, bad copyright Scamming, scamming – scamming in the name of the Lord

o w h e r e ’s a s c a m – the scam of African version of the company was singing, or by projecting the words scams. This is how it works: listed in June 1994, with Andrew Bod- onto a screen for them to follow. Select a business covered by kin, Hester Verschoyle and Rachinski Included in the list of hymns for laws few people understand, himself as directors. which CCLI demands royalties are grace your company with the The local CCLI has been harassing nearly 8,000 in the public domain, as titlesN “Christian” and “International” schools and churches with threats of their authors have been dead for more and enlist a large law firm to admin- prosecution for failing to hand over than 50 years. Amazing Grace, for ex- ister threats to prosecute for non- royalties on hymns being sung on ample, was published in 1779 by Eng- compliance. their premises. Some have been hand- lish poet and clergyman John Newton Cape Town-based Christian Copy- ing over heaps of cash to avert being and his friend William Cowper. Yet right Licensing International (CCLI) prosecuted for copyright infringe- CCLI claims the right to be paid if has made a good go of it, patrolling the ments. The CCLI website announces anyone sings it. country demanding royalty payments that “CCLI helps churches maintain CCLI claim that their copyright own- from churches and schools for singing their integrity and avoid costly law- ership of Amazing Grace lies in the a hymns for which CCLI claims copy- suits, while also giving churches the version recorded in 1998 by CopyCare right. Even the much-loved Amazing freedom to worship expressively and Africa cc, a South African-registered Grace “belongs” to them, and must be spontaneously. Churches often face entity listing Brenda Carelsen of Pre- paid for. copyright issues in two vital areas: toria and Nigel Coltman of East Sus- CCLI was founded in the US in 1988 music used for congregational singing sex, UK, as directors. when Howard Dale Rachinski, a “mu- and videos shown in a church setting. As one copyright attorney told nosew- sic minister” at a large church in Port- CCLI provides practical licensing so- eek: “One can only claim copyright on land, Oregon, set himself up as copy- lutions for both”. a creation. You can’t claim ownership right cop to collect royalties on behalf Royalty amounts depend on the on the creation of another author, even of the composers of hymns. A South size of the congregation: “1-14 attend- with slight alteration.” ants; R750: 15-49 attendants R840; Another expert says: “Having re- 50-99 attendants R1,390; 100-249 at- viewed the information on the CCLI’s tendants R2,150; 250-499 attendants websites, it’s my opinion that it’s a R2,725; 500-999 attendants R3,810”. simple business scheme, most likely If a church holds multiple services per initially created with good intention, week, the amount is multiplied by the but without any legal backing. Copy- number of services. right laws may vary from country to In the US, CCLI targeted churches, country, but the concept is universal. but the local entity has focused on The purpose of copyright and related schools, especially private religious rights is to encourage a dynamic crea- ones, which are told they are break- tive culture, while returning value to ing copyright law by making copies of creators so that they can lead a digni- hymns for their learners to practice fied economic existence, and to provide

24 noseweek Ja n u a r y 2011 widespread, affordable access to con- tent for the public. This explains why performances during worships either in churches or schools are techni- Free as the birds cally exempted as they never derive any direct financial benefits from the Good copyright, performances. h e p r i n c i p l e o f f r e e d o m of speech Performing any of these acts without “Secondly, CCLI is a commercial en- is well established, but what permission can constitute copyright tity and not a statutory body. If one about freedom of song? Is that infringement. This may give rise to heard a hymn being sung and memo- for the birds? Should there be re- an interdict restraining the unlawful rised the lyrics, according to CCLI, strictions on what we can sing in activity and, if done for purposes of writing the same down is illegal. No theT bathtub, in school, in church, and trade in the knowledge that copyright reasonable court would tolerate such should we have to pay for the privi- is being infringed, a criminal offence. claims. It’s not an infringement of lege? There are those who would have There are, however, various limita- bad copyright copyright if one learns the lyrics of a us pay fees for virtually all conceiv- tions on the copyright owner’s rights. song and sings it along with friends able uses of their songs, even hymns In the first place, performance must or members of a congregation for no sung in school classrooms and church- take place in public, with the corol- financial gain. But it would be an es. Can this be right? lary that a performance which is in infringement if one photocopied the It transpires that a certain avowedly a private or domestic situation does layout and design of a printed song or Christian copyright licensing organi- not constitute an infringing act. Then hymn as it appears in a copyright pro- sation has been approaching churches the law provides various exemptions tected publication.” and schools and requiring them to buy from copyright infringement where it The experts warned that if CCLI’s copyright licences for the use of a rep- is considered to be in the public inter- claims were allowed to stand, groups ertoire of hymns. Music teachers have est that the copyright owner’s rights with no affiliation to the original crea- been faced with the threat that, un- should not prevail. These exemptions tors of songs, hymns, nursery rhymes less they acquire appropriate licences, include dealing fairly with a work for and even national anthems could de- they face dire consequences such as private study or for personal or pri- mand royalties from everybody who the imposition of huge fines and even vate use, taking quotations or excerpts sings along. prison sentences. Some might argue from it, and using it by way of illustra- Contacted for clarification, CCLI that there is an inherent incongru- tion for teaching. These exemptions South Africa’s “licensing administra- ity in evangelising a faith and then make no distinction between public tor” Elmarie Olivier maintained that charging followers money for heeding and private institutions of learning. they were not forcing churches and the call and the teachings. In interpreting the applicability of schools to buy into their schemes: “We What is alleged by the organisation, exemptions, the court has a measure are working within the law protecting which claims copyright in the hymns, of discretion and is likely to take into copyrights of our members.” is that unauthorised “use” is being account circumstances such as the Ms. Olivier could not explain how made of them, resulting in copyright purpose and character of the use com- copyright is being claimed on hymns infringement. This “use” apparently plained of, and the nature of the work that are in the public domain. She told encompasses teaching hymns to stu- in question. noseweek that schools and churches dents, retyping hymns for projection Of course, if the author of the work with problems should call her for clar- onto a screen, or reproducing them departed this mortal coil more than ification. This, of course, would be a on paper, for use at services, caus- 50 or more years ago, there can be no waste of time: CCLI is not a statutory ing students to memorise hymns and question of copyright infringement. body and has no right to claim royal- rewrite them in their notebooks, and Many popular hymns fall into this ties for hymns in the public domain, performing hymns at services and category. It is possible that a hymn or or for the singing of hymns in church- the like. When asked about exemp- song can be reworked so as to adapt es and schools. tions for learning institutions, the or update it and, if there is sufficient CCLI’s attorney at Fairbridge Ard- retort is that only public schools en- substance to the reworked material, erne and Lawton confirmed that no- joy any form of exemptions, but not a fresh copyright can come into exist- one has been prosecuted for infringe- private schools. ence, but only in respect of the new ment, but argued that the copyright The Copyright Act protects songs, material. The owner of the new copy- exemptions for schools only applies provided they are original, i.e. they right can claim no rights in respect of to public schools, but not to private are the result of independent skill or the earlier version of the work. ones, because these are businesses effort and are not simply copied from A copyright owner can appoint an that make money. Again, copyright pre-existing material. The copyright in agent or collecting organisation to lawyers say this is sheer nonsense: ac- a song endures for the lifetime of the manage his works. However, he/she cording to the law royalities are only author or maker of the work and 50 has an election whether or not to re- due where money is being made from years after his/her death, whereupon quire payment for the use of a work. the performance of a hymn. the work falls into the public domain Perhaps in this modern materialistic n Owen Dean, a leading intellectu- and is free for use without restriction. world even using hymns is seen and al property law consultant, was kind The content of the copyright in a pursued as a business opportunity! enough to provide noseweek with his song includes the right to control Have the moneychangers re-occupied expert opinion on the scheme (See the reproduction or adaptation of it, the temple? – Owen H Dean, intellec- story right). as well as its performance in public. tual property law consultant ©noseweek Ja n u a r y 2011 25 Derendinger assured Barnard and his fellow applicants that the institute would provide world-class training and a qualification recognisable any- where in the world. Robert was also urged to register im- mediately, as the “Swiss system does not allow chefs to graduate above the age of 25”. The young man convinced his parents to raise the cash for a de- posit and, in June 2008, they signed an agreement with Derendinger – at which point a new player, Chaplans Restaurant & Café Bar, owned by Allan Scott, joined the mix. Chaplans would offer 40 hours of “practical classes” per week, and students would also get eight hours of theory classes per week. Things were looking good – but from there on it was downhill all the away. Robert told noseweek: “The first three months were hectic. I would do every petty thing at Chaplans’ kitchen, from peeling potatoes to cleaning. Chaplans paid me directly for the first three months, then began paying my wages directly to Derendinger.” While Robert didn’t mind having his wages go towards settling his fees, he grew suspicious when the theory training turned out to consist of only two to three hours a week, conducted at the homes of one or other of the students. One day when no home was available, they got their theory lesson CROOKERY under a tree in a public space. Says Robert: “What ‘world class’ education would be provided under a tree?” Feeling responsible for wasting his parents’ money, Robert approached a friend, David du Preez, who is well SCHOOL experienced in youth education, to help him investigate Derendinger. Du Preez quickly established that di- verting Robert’s entire salary to Der- Cooked qualifications and a prospectus endinger put both Derendinger and Chaplans Restaurant in breach of the well seasoned with half-truths provided the Labour Relations Act. Says Du Preez: “An employer may not deduct more than 25% of an employee’s wages to recipe for an unpalatable catering college settle financial obligations.” When Du Preez contacted Derend- inger to enquire about the claimed Swiss accreditation, Derendinger indi- h e n Ro b e r t Ba r n a r d of Cape ploma programme. Robert lasted nine cated that his institute was affiliated Town decided to follow a dream months, which brought plenty of irri- to the DCT University Centre, Swit- and become a chef, he relied on tation but little culinary expertise. zerland. Says Du Preez: “I contacted the internet to identify a good According to Barnard, Derendinger the Swiss centre, which categorically school. Little did he know that enticed him to cough up by claiming to denied any affiliation with Derend- notW all that appears Swiss is Swiss. hold a “doctorate in hospitality” from inger or any of his companies.” The web led the 23-year-old to “Dr” Pretoria Technikon. He also claimed In his reply to Du Preez, David Baird Herbert Derendinger’s Swiss Institute to have been the brain behind the im- of DCT University Centre pointed out: of Hospitality Training, and cough- portation of the official Swiss hospi- “If no document affirming a school’s ing up R39,000 for an 18-month di- tality syllabus to that same technikon. accreditation is provided, that is tell-

26 noseweek Ja n u a r y 2011 of seeing your Tired money fly out the window? ing and conclusive on its own.” chise of the Swiss education system Derendinger’s website claims that and accredited by the Swiss govern- he provided the hospitality syllabus ment.” Told to look at his website for Get your wings back with to Pretoria Technikon for its courses, proof, noseweek discovered a profuse LOW premiums and that he is accredited by the Tour- adornment there of Swiss flags. But & HIGH cover ism, Hospitality and Sports Training the Swiss embassy in Pretoria vehe- Authority (Theta). Theta has had no mently denied affiliation with Der- contact with Derendinger’s outfit, and endinger or his Swiss Institute. Eric Pretoria Technikon also denied having Amhof, Swiss deputy ambassador in had any contact with Derendinger. Pretoria, told noseweek that Derend- Du Preez then contacted Steven inger’s institution is not registered Bellingham, chairman of the South Af- in Switzerland and said the embassy rican Chefs’ Association, who also de- would be keen to learn more about nied affiliation to Derendinger’s outfit, Derendinger’s suspect operations. Greenhouse Insurance Brokers CC as claimed on his website. Bellingham When noseweek contacted celebrat- threatened legal action and the claim ed “food personality” and “Giggling Contact us for a FREE quote... of affiliation to the Chefs’ Association Gourmet” Jenny Morrison, she was 0860 104 078 soon vanished from the website. saddened to hear what Robert and [email protected] Du Preez handed the results of his other young South Africans have had investigation to the Departments to deal with. “Parents who enrol their www.green-insurance.co.za of Labour and Education and to the kids at non-accredited culinary insti- Western Cape government, but heard tutions should be smacked,” she said. no more. “One can’t get a diploma after a mere Noseweek’s own investigation could 18 months. Culinary students should This space is a snip at uncover no employment records for have at least two years of thorough

O N LY R1750... The self-proclaimed professor turned (Plus VAT) out to be a polished fraudster Why not try it for size? Herbert Derendinger prior to 2000, theoretical lessons before being sent when he is listed as working for Ned- to an established restaurant for prac- bank. In 2007 he worked for Discovery, ticals. You don’t send students to a [email protected] was unemployed in 2008 and in 2009 kitchen in the first week.” was employed by SA Wimpy. Design- Alan Scott of Chaplans Restaurant 021 686 0570 ing gourmet burgers, no doubt. & Café Bar declined to say why he had Calling the self-proclaimed pro- taken on untrained students or why he fessor of culinary affairs introduced diverted their wages to Derendinger. noseweek to a very polished fraudster, Vanessa Mortlock, personal assistant with a ready answer to any question. to the Western Cape MEC for Educa- He obtained his Ph.D in “Food and tion, who received Du Preez’s report Luminarium Chartered Accountants Nutrition from Cambridge University and an affidavit from Robert’s par- in 1984”, he said – but couldn’t dis- ents, told noseweek they get so many Free: 0860 104 078 close exactly where he had obtained letters from the public that they can’t his LLB and Master’s degrees. Cam- easily establish what happened to the bridge University has never heard of matter. An email arrived a little later Financial Service the man – and don’t teach courses, at from Paul Boughey, of the Ministry of & Planning any level, in food and nutrition. Education, Western Cape: When asked why his institute is not “Please be assured that this Min- registered with the Department of istry is constantly on the lookout for Watch Education, nor accredited by Theta, any form of unlawful exploitation of Derendinger declared: “The Depart- learners. However, we have no record Your ment of Education and Theta are not of correspondence on this issue, possi- competent to understand our syllabus bly because the matter was referred to Business and I would not waste time and mon- the Department of Higher Education Grow... ey seeking their authority to enrol and Training, under whose jurisdic- students.” He could not explain why tion the Swiss Institute falls.” the “incompetent” authorities appear So Derendinger continues to ply his in his marketing materials. trade as self-proclaimed professor of He then insisted: “We are a fran- culinary training. www.luminarium.co.za

noseweek Ja n u a r y 2011 27 MUGABE, ■ ■ T H E

MALE i s t h e i m m e n s e l y w e a l t h y “very high- level” individual from Zimbabwe who THE has made an offer of R80m for the fab- STRIPPER ulous Sandhurst mansion of the late cellphone mogul Miko Rwayitare? & WhoThere are at least two likely candidates: President Robert MILLIONAIRE’S Mugabe and that country’s Reserve Bank governor Gideon Gono. Mugabe, 86-year-old arch looter of Zimbabwe’s wealth, certainly has the ill-gotten gains to put down the big bucks. And his ghastly wife Grace – 41 years Mad Bob’s junior – would certainly appreciate the absurd vulgarity of the mul- ti-pillared mansion. ANSION But then there’s the intriguing possibility that the well- M heeled Gono – who’s a youthful 50 and has been reportedly Noseweek takes a sneak having a passionate affair with the president’s wife for the past five years – would like to snap up Miko’s mansion and set up house there with Grace after Mad Bob’s eagerly- peek at how the other half awaited demise. Certainly Gono likes his luxury – his home in Zim is a 47-roomed white elephant with swimming pool, percent live gym and mini theatre. So what’s the evidence behind this fascinating speculation? Michael Black, the Johannesburg estate agent act- ing for the mansion’s present owner ASSOCIATION OF ARBITRATORS (SOUTHERN AFRICA) – Patience Mlengana, wife of Telkom’s executive manager Mzamo Michael Mlengana – lets drop the R80m offer and its country of origin when he takes noseweek on a guided tour of the gaudy sandstone pile. Black, an American from Houston, Texas, who came here 20 years ago, is

The following courses are now being offered to Members of the Association a colourful cove, a former stripper with the Chippendales, the famous troupe of and those wishing to apply for membership. erotic male dancers founded in a Los Certificate Course in Arbitration Angeles night club. He tells noseweek Fellowship Admission that in the last six months he’s had as many as 55 appointments to view Specialisation Construction Law Registration: Certificate Courses : 1 February 2011 Fellowship Courses : 22 February 2011 Specialisation in Construction Law 22 February 2011 For further information, kindly contact the Association at: PO Box 653141, Benmore 2010, 3rd Floor, Sandown House, Norwich Close, (off 5th Street), Sandown Tel: (011) 884-9164/5 Fax: (011) 884-9167 Email:[email protected] Website: www.arbitrators.co.za

28 noseweek Ja n u a r y 2011

A different male stripper from the former one described in the story (left); and your actual Bob Mugabe Mikos’s mansion – “probably only five “It’s the sort of place that Grace would of them legitimate buyers who could go for.” genuinely afford this price”. Blake declines to name the emissary. What price? Patience Mlengana, who “These people tend to be very quiet. beat the R60m auction bid of insurance They tell me as much as they want to billionaire Douw Steyn and picked tell me. They ask for private viewings, up Miko’s pad in November 2008 for where there are no other people in at- R62.5m, is asking R100m. (With trans- tendance. Which is kind of nerve-rack- fer duty and everything else, her total ing sometimes, because you don’t know outlay nudged on R74m.) what’s coming. You’re at risk. Blake confides that so far he’s had “As curious as I am, I want to know three offers: R80m, R75m and R70m. for my seller’s sake if the buyer is le- He dismisses the lower two principals gitimate, and who they represent. But as “chancers” and says his present I can’t question them too much, espe- suits a king or a president. “One of the hopes are on the R80m punter, whom cially at that level. You can insult them clients we brought here recently is the he describes as being of “very high lev- very easily.” president of a country.” el from Zimbabwe”. Blake has also had potential buyers Noseweek is sharing Blake’s guided “Yes, he could have been acting for from the US, UK and Nigeria to view tour of Miko’s mansion with a repre- Mugabe, you never know,” he agrees. the property. It’s the type of house that sentative of Rent-a-Maid, who has been

noseweek Ja n u a r y 2011 29 NEED TO CATCH

A SNAKE? asked to give a quote for spruc- Africa’s premier ing the place up. It certainly snake catchers (We’re not bad at sharks either) needs it: dust envelopes the re- maining opulent furniture – a lot of it, as reported in nose102, was spirited off into storage by Rwayitare’s family after archi- Mercantile Investigation tect Greg Pietersen came into Litigation support brief possession of the mansion Recoveries & when he picked up Propro, the resolutions company that owned it, at an Today, Rent-a-Maid runs a disapprov- earlier sheriff’s sale in August 2007 – ing finger through the dust on an or- for a bagatelle R400,000. nately-carved balustrade and reckons Tel: +27+83 357 8555 However, Investec, which had loaned she’ll need to send in an army of eight [email protected] Propro R36m to build the pile in the cleaners to get the place shipshape. first place, subsequently won a high It’s depressing, walking the marble court order allowing it to sell the floors of Miko’s dream home. The racks property to recover the debt. Hence in his beloved wine cellar, once packed the second sheriff’s auction – and with Mont Rochelle, an oak-matured the emergence of Patience Mlengana chardonnay from his Franschhoek as new queen of the heap. And Miko vineyard, are bare. The “night club”, Rwayitare? Readers will recall the stripped by looters during the last highly suspicious circumstances of the pre-auction viewings, is just an emp- 65-year-old Rwandan’s sudden death ty room. The private cinema still has in Brussels in September 2007, just its commodiously-comfortable black six weeks after architect Pietersen leather armchairs, but someone has fraud hurts (“another chancer,” according to estate made off with the expensive ceiling- agent Michael Black) acquired the mounted projector. “A lot of electronic WE MAKE IT mansion following Rwayitare’s five- stuff has been stolen,” says Michael year failure to settle his architect’s fee Black. BETTER! (nose101). The sad fact is that Patience Mlen- gana has hardly been the ideal custodian of the pal- ace. Since she became its mistress more than two years ago, it has stood for- lornly empty. The grounds became a jungle – though a garden service has recently restored them to a sem- blance of their former glory. The plunge pool is still wa- tered by what looks like pea tel. + 27 (0)11 234 2189 green soup. www.restitution.co.za “She bought it as an invest- ment and will wait until she gets a fair price," says Black. I think they’d look at R85m. Every seller would prefer more, but I think they’re prepared to do a deal. Miko had it on the  market at R145m – and got an offer of  R100m from a member of the Moroccan  Royal family. He turned it down.”  Flogging it now for R80m to Mugabe,  or whoever the potentate from north of  the Zambezi turns out to be, wouldn’t leave much of a profit after all the costs.  Which will of course include estate  agent Michael Black’s commission. “No, I’ll not be taking 5% [R4m on a R80m  sale],” he says. The former Chippendale  stripper confides he has done a deal with Patience for a slightly more modest reward.

30 noseweek Ja n u a r y 2011 Tell us what you think of noseweek and you could win one of 10 Ken Forrester wine gift packs

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Rate the features of this edition 1. 2. 3. 4. 5. 6. Surname. by ticking one of the boxes to the Great Good Okay Poor Dismal Didn’t right of each story listed below... read Discovery’s R135m cockup Phone number Letters Editorial Email address. Notes & Updates Battling with medics You don’t really need teeth Gender Same old bull o Male o Female Rand Water makes a big splash! Are you a Noseweek subscriber? At sea Things fall apart o Yes o No

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32 2676 Noseweek_Jason_62x183.indd 1 noseweek Ja n u a r y 2011 11/30/10 12:18:29 PM Passion in Suburbia

o n a t h a n Fr a n z e n i s a v o y e u r . Not a creepy-peepy type, you understand. Simply a brilliant observer and chronicler of the truths of everyday life as it is lived by middle-class JWestern humanity. It’s all there: the ab- Len Ashton surdities, the decencies, the casual cru- Reviews elties. The laughter and the miseries. Freedom Franzen is a wizard who fashions his (Jonathan Ball/Harper Collins) spells from the seemingly mundane. In by Jonathan Franzen other words, a true story-teller, since he engages with the unvarnished truth, and mines understanding therefrom. The result is a compulsive read, the compulsion deriving partly from the reader’s recognition of self among the socially inept in one way or another. It's characters and motivations. You are, a non-clichetic version of You're okay, willy-nilly, a member of the cast. The I'm okay. ability to project such inclusiveness is We all tend to imagine that we are enviable, not simply for rival writers, capable of shielding our secrets from a but for those who regard themselves as nosey world. Franzen gives the impres- sion that he knows those secrets, and notes them in tolerance. Which is not to say that the moral core, the values of reasonably civilised societies, do not Hun, with sudden onset of speech and apply. But virtue is certainly its own re- breathing impediments hampering the ward in Franzania. Just like in real life. attainment of certain delights. Good guys tend to have a tough time in He has a remarkable aptitude for a wicked world, and, gosh, life is unfair. reading and comprehending both male But you might as well enjoy the party and female minds in conflict, particu- as much as, and while, you can. If, that larly with each other. The reader can is, the capacity for joy happens to be only imagine that the author has gar- part of your emotional equipment. nered his knowledge as either a hugely Freedom is told with sustained, de- tolerant listener or has ample experi- ceptive simplicity which makes for ence of the love-hate dilemmas that be- wryly delicious discoveries of passion devil relationships. Over 7 million and humour in the seemingly dull lives Growing pains, particularly the ado- of suburbia. lescent and young adult varieties, are Great valueBooks Franzen's calm observation of an rendered non-judgmentally. Or, rather, Massive selection of ambitious female politician irritated there is enough carefully chosen mate- by domestic emotional demands is re- rial to force a reader attitude. The heat Music, Movies corded with wicked accuracy: “In addi- of forbidden tragi-comic adult desire is & tion to her strenuous elocution, Joyce presented similarly. And so vividly that Console Games had strenuously proper posture and a the reader can feel the hot breath on t the lowest prices! mask-like Pleasant Smile suitable for the neck. The fact that there is no hint A nearly all occasions public and private... of the pornographic intensifies the im- her Pleasant Smile could be worn even pact of the writing. at moments of excruciating conflict.” Franzen depicts humanity as is, but Step forward Hillary Clinton. contrives, in the density of his superbly Franzen is unnervingly accurate in detailed record, to admire resilience, capturing the unexpected explosions of creativity and courage where he finds Free delivery on orders over R220! love and/or lust, which tend to confound it. For all we know, he is a pain in the Telephone 0861 69-5668, [email protected] the afflicted. It’s not easy being a nice neck socially, but, on the evidence of person when you morph into Attilla the Freedom, he would be a good friend.

noseweek Ja n u a r y 2011 33 Where the Wild Things Are.... Beatrice Wiltshire deconstructs conservation

n o u t c r y h a s broken out, lo- cally and internationally, about the exponential increase in rhi- no poaching. It‘s claimed that poachers have Akilled more rhinos in South Africa in the past three years than during any oth- er three-year period in the last 90 years. After all, poach- ers now work in syndicates, us- ing AK47 assault rifles, GPS de- vices, night vision equipment andBLOODY helicopters. The furore has seen the Worldwide Fund for Nature call for funding to strengthen game and national park inde- border defences. In response, Defence pendent Minister Lindiwe Sisulu told a news body go un- conference that she wanted state heeded. weapons company Denel to develop an SANParks may be a sci- unmanned drone helicopter to be used entific body but selling animals to catch rhino poachers. Why do poli- without monitoring what happens to ticians imagine that new gadgets them casts doubt on their commitment will succeed where humans to the overall protection of the ecosys- are failing? tem. SANParks’ annual reports show Exact figures of how many that sales of rhinos increase each year rhinos meet a bloody end to (as does rhino poaching), but questions satisfy irrational human the Convention of about the basis on which the animals passions are hard to come by, Trade on Endan- are selected for sale go unanswered. and the situation may well be far ENDgered Species (CITES) In a 2009 report, animal rights activ- worse than officially acknowl- policy of “sustainable ist and author Michéle Pickover pointed edged. The official figures dif- usage of resources” out that 80% of the Limpopo parks en- fer according to where they – embraced by SAN- forcement positions were vacant. Says get published, and questions Parks and the wildlife Pickover: “We will not get rid of about rhino populations industry. Most rhinos on poaching while the ‘sustainable posed to the authorities private game farms come usage’ policy is in place. By al- are answered with incon- from the Kruger National lowing rhino hunting at all we sistencies, omissions and Park, which sells them on create opportunities to grow the confusion. Officials this basis. However, there trade in horns. There has to be a seem to prefer fobbing is no monitoring of what change of mindset away from treating off the curious and happens to them once they rhinos as tradable commodities – which concerned, declining, for leave the Kruger. It now ap- is the cornerstone of South Africa’s ap- example, to release data pears that a large number are quickly proach to ‘conservation’. on wildlife populations hunted, often by pre-order, or sold at “Government should place an imme- on the basis of “third par- auctions for hunting. diate moratorium on the capture, sale, ty confidentiality”: they falsely claim For years animal rights activists and translocation and hunting of rhino and government can’t reveal details of con- welfare groups have regularly com- Rhino horn stockpiles should be de- tracts with private individuals. plained that the sale of SANParks rhi- stroyed. The situation must be opened Increasing links between Africa and nos to private game reserves plays a to public debate. ” the Far East seem to be facilitating the key role in feeding the demand for rhi- Meanwhile, rhino hunting attracts trade in rhino horns, which are used no horns. The way the permit system a stream of hunters. Says Pickover: there to prepare aphrodisiacs, and in operates makes it difficult for anyone, “While there is an uproar about the the Middle East to make ornamental including Parliament, to discover how number of rhinos being poached, noth- daggers. Undoubtedly a global initia- many rhino hunting permits are being ing is said of the fact that at least an tive should tackle this trade, but more issued. SANParks shrugs it off, say- equal number of rhinos are killed ‘le- and more people are claiming that ing responsibility lies with provincial gally’ by ‘trophy hunting’. South Africa should recognise its role authorities – where, it seems, records “In the end, the difference between in bolstering the market by allowing are either poorly kept or deliberately poaching and trophy hunt- ing lies in trophy hunting and rhino horn lost. This, it’s claimed, leads to “laun- who gets the stockpiling. dering” animals for the international money.” The core of the problem, market. Calls for the centralisation of it’s claimed, lies with the permit system under an

34 noseweek Ja n u a r y 2011 BURN, BOKKIE, BURN! n Fe b r u a r y 2009 photographs of a What about wild animals injured by ability to regenerate itself. If, as a sci- rescued Australian koala sharing fire? “Oh, wild animals are difficult...”: entist, he’s very aware of the massive BLOODY a firefighter’s water bottle cap- Perrins voice trailed away. No, they had intrusion on the fragile natural zones tured hearts around the world. no centre to handle wild animals – they that ring the cities, why does he avoid The koala, a survivor of an inferno had been waiting for some time for mon- dealing with the threat of fires to the whichI swept through the Mirboo North ey from the Lotto to establish a depot at dwindling wildlife in those areas? Sor- region, was taken off for treatment at Grassy Park. Naughty Lotto, again. ry Mr Rebelo, we’d say you missed your a rescue centre. Around the same time “So there is no plan for wild animals chance with those children. fires raging through the Helderberg in caught in veld fires?” According to Gavin Smith, environ- the Western Cape left scores of wild an- “Oh no – we do have a plan,” said mental representative for Ward 84 and imals horribly burned – with nowhere Perrins and referred noseweek back to vice chairperson of the Greater Cape to take injured creatures for treatment. Wilfred Solomons of Disaster Manage- Town Civic Alliance: “The Helderberg Fire-fighters described their utter help- ment, who told noseweek that his de- is blessed to have free roaming wildlife lessness in the face of terrible suffering, partment is formulating a new disaster on the periphery of our urban areas, with one saying he almost broke down management plan, which includes pro- but this comes with the responsibility on finding a badly burnt buck that he vision for dealing with injured wildlife, to protect wildlife from the harsh con- couldn’t help. but couldn’t give details. He was also at sequences of the ever-growing human But why does the Western Cape, pains to point out that noseweek talked inhabitation. A number of agencies, where summer fires rage across thou- to the wrong person at the SPCA – we civilian oversight groups and associa- sands of hectares of national park, should have talked to Andries Venter, tions rally when there is a disaster, giv- END have no emergency treatment pro- not CEO Perrins. Birds of a feather. ing support and attempting to limit the gramme for fire-injured wildlife? The Horns of a dinosaur. consequences to animals and wildlife. City’s Disaster Management depart- The main reason why treating fire- There is however a need for coordina- ment couldn’t answer that question injured wildlife seems to play little or tion and this should form part of the and referred noseweek to Andries Ven- no part in officialdom’s thinking may official disaster management plan [in ter, chief inspector of the Cape of Good lie in the widely-held idea that wild an- order to provide] rapid response, emer- Hope SPCA. Asked whether the SPCA imals burned in veld fires deserve what gency treatment, relocation and care manages any wildlife treatment cen- they get as part of nature’s grand plan processes for any animals in distress, tres, or if he knew of any plan to devel- to ensure the survival of the fittest. during and after the event.” op a wildlife rescue programme, Venter Tony Rebelo of the South African Michéle Pickover, who promotes ethi- carefully explained, at some length, National Biodiversity Institute ex- cal conservation and is the author of the ways in which the SPCA is “fully emplifies this attitude, in an article Animal Rights in South Africa, takes geared” to handle domestic animals. “Burn Buck Burn” which appeared in an even stronger line. In her view, say- Thank you Mr Venter. the Constantiaberg Bulletin on 2 April. ing “it’s only natural” when wild ani- A subsequent appeal to SPCA CEO Responding to a letter from school chil- mals die in fires which are more often Alan Perrins gave Perrins the opppor- dren expressing concern about “poor than not begun by humans, signals a tunity to raise the barrier in avoiding animals caught in wild fires”, Rebelo deeply problematic attitude. She points the question. The SPCA, said Perrins, explained that fires in the fynbos cause out that if the fire-threatened animals was fully prepared in case of a nucle- regeneration of plantlife, and “any ani- were elephants or other “big five” crea- ar accident at Koeberg and was very mals that are unfit, ill-adapted or stu- tures, the world would take notice: successful “in preparing for the 2010 pid are weeded out: braaivleis for the “Many of these animals are small and games”. They also networked with the ravens and scavengers”. so their existence is ignored.” Animal Anti-Cruelty League and the Rebelo did warn that frequent fires, When will the authorities wake up to Cart Horse Protection Society. especially in the wrong season, lead the lack of a disaster plan for our pre- May we repeat the actual question? to serious damage to the ecosystem’s cious wildlife?

noseweek Ja n u a r y 2011 35 I spoke to him at a memorial service for James Nkambule. Defamation? Don’t even try. Instead of slamming this small news- paper country boy and his noseweek colleagues maybe the Sunday Times should slam its city slicker investigative journalist against the wall. Maybe, just maybe, that will rattle his head enough u c c e s s , s u c c e s s , s u c c e s s – to divulge what he really knows, be- SUCCESS!does it matter? To live in this cause he spent quite a bit of time with town you must be ta– ta– the man behind the whole thing, the tough.” So sang Mick Jag- now deceased James Nkambule. ger in the Rolling Stones hit Success number two: the Govern- song“S Shattered. I’ve been humming the ment Employees Pension Fund (GEPF) tune these past few days in celebration was none too happy with my piece on of some unprecedented successes. It Bheki the Phindile Sithole intestate fraud shows all over again that, to do this job, Mashile’s (nose132), and I was summoned to you do need a really good nose for news Pretoria to clear the air. They felt I – and, as you’ll see, you have to take no Country Life had implied there was collusion from crap at all. the GEPF. Naturally I said there was First off, there was the storm raised none. Sithole is the home-based care by my Josh piece (nose133). The story worker who suddenly found herself was picked up by various national Does it matter? lucky enough to be “lobolared” (if this newspapers, and made it onto e.tv – not isn’t a common word maybe it should once but twice. The independent broad- Yeah – it bloody be) by one of her patients. When the caster aired the first segment on the ill Mr Mashego died Sithole jumped at morning of 18 November and topped his pension. Unfortunately it was all it off with an extended treatment that well does fraud. same evening. At the end of the day, a peace pipe The “Josh Affair” concerns the al- was smoked, as the GEPF decided legations that an assassin was taking my version of the situation was valid. out politicos in Mpumalanga. But this slamming was done by no less than the They then followed up on the victim’s newshound – I’ve been referred to as Sunday Times itself, which took excep- complaint on their hotline – and their a dog on more occasions than I care to tion to what I’d reported – so much so investigation brought fantastic results. remember – revealed that the man eve- that it described part of what I’d writ- The pension fund concluded there’s in- ryone was calling “Josh”, far from being ten as “defamatory”. The paper went deed a prima facie case of fraud and has an actual assassin, was simply a guy further, denying there was ever a court taken appropriate action. That is all I paid to play the role of one. On e.tv, and case regarding the matter. ever wanted from telling the story. the next day on the SABC’s Nelspruit But then Josh came forward to con- Lastly: history has been made by me station Ligwalagwala, Josh reiterated firm what I’d reported (which had been and my little Guardian. On 24 Novem- what I had written in this column. relayed to me by highly reliable sourc- ber the Umjindi Municipality (Bar- Ligwalagwala, a Siswati station, in- es) – and he did so on national televi- berton) made a settlement offer in re- terviewed me and Josh simultaneously sion and on a regional radio station. sponse to a civil suit I had laid against via telephone, he in Barberton and me Meanwhile Sunday Times investiga- Executive Mayor Richard Lukhele’s in Midrand (where I was attending the tive journalist Mzilikazi Wa Africa de- driver, Jabulani Ginindza. farce that was the Sanlam Commu- clined to be interviewed by Ligwalag- These legal matters came about nity Media Awards). Over the next few wala on 23 November, when he would when Mr Ginindza did not take kindly days I was inundated with calls from have shared the stage with Mpuma- to my taking photos in front of the mu- national newspapers, particularly City langa provincial police spokesman Le- nicipality offices in 2008, and decided Press, which had two journalists com- onard Hlathi. The show’s host thought to make that known by grabbing me by peting for the same story, one based he was making a strong point when he the throat and attempting to choke me in Jozi the other in Nelpsruit. (Don’t asked why Wa Afrika would decline an (which prompted me to later dub him these guys coordinate their editorial opportunity to stand by his stories and chauffeur boy”). planning sessions?) statements on the matter. “It doesn't Charges were laid and Ginindza was What was so gratifying about those make sense”, he said. found guilty. That led to the civil action calls from other newshounds was them I beg to differ – it definitely does and voila! – a small independently- telling me they’d read my story in make sense. How was Wa Afrika to owned community newspaper claims noseweek. Ok – so? Well, noseweek and defend his allegation that Josh was an victory against a municipality. I were slammed for the piece, that’s unknown individual who had been kid- “Success, success, success – does it what – with me standing accused of napped by the police and told to say he matter?” Yeah, Mick: it bloody well being used by God-knows-who. That was Josh? Wa Afrika told me this when does.

36 noseweek Ja n u a r y 2011 Last Word Last W rd e l l t h e r e ’s n o t m u c h of anything you might call pleasure in boep, to be sure, but a welcome bit of it for me was Harold Strachan trudging round the exercise yard with o David Kitson, a modest man of acute Wperception and ready humour, walking and in SA. O frabjous day! Callooh! Callay! Eve- hearing him describe his work on the ill-fated rybody celebrating the hero’s return! Well, no, de Havilland Comet, that first-ever passenger not exactly. Slovo was waiting for him too, but jet and first to fly the trans-Atlantic route. not to shake a comradely hand. No mazel He didn’t work on the fuselage that blew tov. Just revenge. up over the Mediterranean, he was eager I Now Norma’s independent City of Lon-

should understand; his part of the aircraft Illustration: Harold Strachan don Group caused the anti-Apartheid was the locking device on the undercar- élite considerable chagrin because this riage, and this he carefully designed to be group’s perpetual picket was by far the fail-safe, which is to say if it were to mal- best demo around, and you can’t have function it would do so with the wheels people like that dividing the leadership, down. And it occurred to me as he spoke it will only weaken the cause, hey? All that care was what Kitson was all about, this was explained in brilliant Marxist/ such care befits a good engineer, and Leninist dialecticalist materialistical that’s why he was appointed to reassem- terms by a certain Samuel Khanyile, ble a broken SACP/ANC leadership after alias Solly Smith, a brilliant newcomer the disastrous arrests at Liliesleaf Farm, from the SACP back home, and Slovo Rivonia, in 1963. thought him just the man to turn loose But no amount of care on the Kitsons. Our Solly set about this could save him from the duty with some zeal, demanding that mess left by a certain Joe Kitson denounce his wife and disman- Slovo, top SACP leader, tle her group, or else... And of course who had originally been Comet Kitson replied that he didn’t have the instructed by the party’s right to run his wife’s life and anyway central committee to do the job, to go under- he thought she was doing a jolly good job. So ground and reorganise the resistance. Slovo that was that, both were unceremoniously hadn’t done that, you see, he had taken wing kicked out of the party evermore, then driven for a better heroic struggle from a safer dis- into a wilderness where no trade unionist was tance, namely a comfortable spread in com- allowed to associate with them in any way, in- fortable Hampstead, London. Kitson took his It had cluding Kitson’s own, and Ruskin College was place, and that’s how he came to be walking obliged to cancel any funding, to forbid any round the exercise yard and telling me about contact whatever with the Kitsons. You won- the Comet’s undercarriage. Pushing twenty always been der how anyone had the power to order such years, he was, which you might say were now things, do you? Well thus is the power of prop- owing to him by Slovo. Bloody shit! said Kit- aganda, Cde, and you might as well get used to son of Slovo. I didn’t mind, to me it had always clear that it. You are either with us or agin us. Mix with been clear that what drove Slovo was megalo- the Kitsons and you are that dreadful thing mania, straight. Power, man! called a Reactionary, i.e. pro-Apartheid. I don’t know how you push 20 years, I really But whatthehell, time and tide wait for no don’t, but Kitson seemed to, and he pushed the what drove man, hey, and both Kitsons wafted back to Af- lot, not one day’s remission. In fact he counted rica in due course, where their hearts were. himself lucky to emerge at all; his sister-in-law But not South Africa, see, even if Madiba him- who had visited him under strict supervision Slovo was sacred-self said please-please have a heart. for fifteen years was found in her flat beaten to They hung about in Harare and played cards death from sheer spite, that’s how things were because no freedom fighter would defy strug- in those days. But on release he betook him- gle culture and offer a friendly smile. So gaan self to London in good spirit, there to join his megalomania, dit mos in die ou wêreld, boet. Norma slowly missus, Norma, a woman of great drive who died of everything and Dave quietly moved was running the City of London Anti-Apart- into Joburg and I went just last month to visit heid Group. It was she who had initiated the straight. him in a quiet place for old Jewish folks but round-the-clock picket at South Africa House, he had just died too, and that’s why I write had it running come wind come weather for 23 this piece which is not an obituary but an ac- years until the release of Mandela. Of course cusation. Dave was much fêted by the British media, Power, man! But it’s nice to know the Kitsons finally and his own engineers’ union, in which he learned who Solly Smith really was. Take a had had important status, arranged for him guess... Ja, you got it! an SA Security Branch to take up a union-funded position at Ruskin agent inserted to disrupt the revolutionary College, Oxford, where he had spent two years high command in London. He should have as a research fellow before joining the struggle been given a gong for his efficiency.

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