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37636_2840_215x276.indd 1 2014/04/04 11:25 AM Download

ISSUE 175 • mAY 2014 your digital edition today

Is ’s bubble about to burst? page 18

FEATURES

8 SA’s nuclear shame Hundred’s of workers employed in the government’s atomic weapons programme are still waiting for compensation

14 Sickly stench of careless greed 34 Letters Ronald Bobroff has creamed more from the public than his role model JZ – by a cool R50m NOW 6 Editorial AVAILABLE 38 Smalls 16 Bobroff and son An ABC guide to the life and times ON YOUR of Ronald and Darren TABLET COLUMNS 21 SOS: Save our seeds Growing food modification 36 Books 22 I shall return 37 Last Word Suspended top cop Johan Booysen is squaring Your favourite magazine up for the fight to get his job back is now available on your 28 Zanu high-fliers tussle over airline iPad and PC Leaders of competing factions take their battle to the air both single issues and 30 Payback time for Bruce Winship subscriptions available The wages of sin PLUS never miss a copy 31 Angus Buchan bares his soul with back issues available to Faith conquers all download and store 32 Do not swallow after reading Many toothpastes and half your medicine DOWNLOAD YOUR DIGITAL cabinet contain toxic ingedients EDITION AT 34 Promises, promises www.noseweek.co.za Tangling with JSE deal or % 021 686 0570

Noseweek May 2014 3 Letters

Police Farce “Democracy in Africa is the freedom to don’t. We are a democracy, the choice is steal at your own level”. Raising your ours and as happened so tragically in If politicians really are manipulating level is thus your main objective. The Zimbabwe, we get the government we the SA Police Service in order to favour supreme leader in this regard – at deserve. their own criminal activities, “Booysen least in this part of the world – is Zim- Michael Hill to sue Sunday Times” (nose174), then babwe’s Robert Mugabe. Pinelands we really don’t have a police service By muzzling the media, killing the or even an old police force any more. rule of law by appointing puppet judg- A brush with Interface Media I guess it’s best described as a Police es, and controlling the army and secret Farce. police, he has raised his ability to steal. I would like to tell you about the way David Pearce It matters not that the economy is Interface Media treat trusting and un- Centurion shattered, millions starve or emigrate, suspecting customers. I signed a con- infrastructure decays, agriculture, tract with Interface according to which Sybrand to a tee health and education are destroyed. they promised me 600 hits a month What matters is that he is able to steal on my small-business website for six Thank you Noseweek, there are a lot of whatever he wants and thus becomes months, for which I paid R3,000-plus- people in the Noordhoek area who are a political hero to most South Africans, vat per month. I market a special la- very unhappy with Mr Sybrand van and especially to Zuma who recently dies’ hairbrush called – what else? – der Spuy and your article, “Fear and spurned an invitation to the Mandela Wonderbrush. loathing around Cape Point”, (nose174) remembrance event in Britain to at- After the first pro-rata period of 10 describes the situation to a tee. tend a Mugabe daughter’s wedding. days I received 28 hits. The first full Patrick Wright To date our still-existing – if con- month thereafter (January last year) Noordhoek stantly attacked and diminishing – or- I received 287 hits. The next month I gans that work to defend our constitu- did not pay and advised them I would n As the cliché goes, there are two tion have succeeded in restricting our pay again after I received 600 hits, as sides to every story. Noseweek seems to president to stealing a far smaller slice per the agreement. In February I re- be presenting only one. The vast major- of our GDP than Mugabe has achieved. ceived 17 hits and then they suspended ity of the neighbourhood around Cape South Africa’s future is clear: either the service due to non-payment. They Point Vineyards enjoys the weekly food we preserve the personal freedoms started up again and in June and July market and, I believe, the City of Cape guaranteed by our constitution, or we I got 79 and 74 hits respectively. Over Town has now granted full per- four-and-a-half months I mission for these activities, so received 569 hits, still 31 the information is out of date. hits short of what I was Anyone who wants to shut down promised per month. this little slice of heaven must be I asked to cancel the a bit bonkers. agreement since I got Hardy Esterhuizen the same number of hits Randburg managing my site my- Our story was completed prior Gus self. They refuse to hear to the municipality’s decision. my side, have blacklisted – Ed. me and are suing me for the balance of the agree- Government we deserve ment – R17,100. Any advice? They have pages The nation, led by our media, is and pages of complaints over-reacting to the thieving on Hello Peter, so I am that President Jacob Zuma has not alone. succeeded in achieving for the Erika Smedy indecent growth in size and cost Johannesburg of his Nkandla compound. I recall in Bulawayo in 1982 Irene Duarte, Client Ser- a prominent Nigerian profes- vices director of Interface, sor addressed a public meeting says: The under-serving of our Institute of Human Re- on the campaign is pure- lations. Among all his good ad- ly due to the low volume vice, one item really impressed: of users searching for

4 Spuyside... Sybrand to a tee

“brushes”. We do guarantee to serve the ing treatment. The practitioner had consent” and “risks versus benefits” clicks due as per contract; it just takes refused specialist referral saying he which are both a load of hogwash but longer than anticipated with niche could do the work himself. He then even I couldn’t see that at the time. market categories such as this one. made such a mess of the job that a spe- They treated us like idiots and played Possible solutions: We re-look at the cialist could only partly fix it. To escape cat-and-mouse with us. We could not go keywords and continue to run until all liability for his error and to save his on fighting a multi-billion-rand cartel clicks due are served; or we assist in reputation, he alleged in court – among with the resources we had, so gave up. reaching the click target by adding (at a load of other fabrications and defa- No one can now try to tell me that the no charge) a Facebook campaign and mation – that he had ordered me to go HPCSA, the equivalent of the SAMDC, a display ad on the Google network. to a specialist but I had not listened. cares one jot about the public. However, we would need to resolve I had no records to disprove his One of the council’s other duties is to payment of the outstanding balance claims or prove my complaint and the advise the Minister of Health on health prior to any campaigns going live. injustice stuck in my throat. I then matters, and this duty it performs ex- l How about simply a refund for tried for three years, along with a small ceptionally well. non-perfomance in terms of the con- group of similarly angry people, to set Over the past 20 years or more it has tract? – Ed. up a rights organisation for medical managed to manipulate politicians into consumers. We received complaints passing legislation that allows public Medical screw-ups are cover-ups from over 500 dissatisfied medical cus- money to be poured into the private tomers. Thanks to media attention we sector, pretending all the while that it Your story “Hospital training is sick” eventually managed to have a meeting would lighten the burden on the public (nose173) says the Health Professions with a few executive members of the sector. Anyone can now see that it was Council of South Africa has a statutory SAMDC. chicanery. obligation to both protect the public We mainly asked that consumers be Fortunately consumers now have the and serve the profession. I can sympa- given copies of their medical records right to get a report from a practitioner thise with medical interns who say the so they could prove complaints; free (HPCSA Ethical Rules, Rule 16). This HPCSA is not fulfilling its statutory choice, so they could go to specialists takes time and trouble although prac- duties. without a referral; and copies of de- titioners who have confidence in their I trained in nursing, midwifery and fendants’ responses to complaints so abilities, are honest, and respect their infectious diseases. Ten years of var- they could be answered. clients, do not object at all. ied experience in the medical indus- They promised to discuss our con- The fact that this rule has been on try taught me that screw-ups had to cerns with the full council and come the statute books for years but kept be covered up. After suffering from far back to us. They never did. They sim- under wraps by the HPCSA shows it too many medical, surgical and dental ply stated via the media that medical could not care less about serving the disasters in my own family I eventu- records belonged to doctors, and that public. When self-regulation becomes ally took a legitimate and serious com- no one had yet been able to prove the self-enrichment, self-aggrandisement plaint to the then South African Medi- council had not done its duty. and self-protection, it is no wonder cal and Dental Council (SAMDC). My No one can prove anything without public services in many provinces are complaint was summarily dismissed. records. They also said complainants chaotic, sans legislation or resources to I then took my complaint to the could get copies of a defendant’s ex- police them. Small Claims Court because I wanted planation, but only if the defendant Mary Fanner back the money we wasted on damag- agreed. They spoke about “informed Oranjezicht

Noseweek May 2014 5 C

Editor Democracy in action Martin Welz [email protected] emocracy, to state the obvious to and will best serve your needs, you make the Managing Editor anyone over the age of 18, is not a parties you don’t support think again, per- Donwald Pressly perfect form of government. But it haps reassess their position. But not voting, Designer is one designed to keep most people all you do is ensure you get the government Tony Pinchuck happy most of the time. At worst, it you deserve. Consultant Dis guaranteed to give voters the government My view? Anyone who votes ANC this time Len Ashton that they deserve. It is openly competitive, round is a fool. If you don’t much like the DA Sub-editor more responsive to change and geared to either, vote for one of the minority parties. Fiona Harrison compromise. Many of their representatives – Bantu Holo- Contributors But as in any other form of government, misa, Mosiuoa Lekota, Pieter Mulder – have Len Ashton, Tony Beamish, Mandy de Waal, even in a democracy power corrupts. Almost made important and constructive contribu- Gavin Foster, Sipho Mwanza, Jon Pienaar, inevitably, it seems. Democratic changes tions to intelligent debate both inside Parlia- Sue Segar, Harold Strachan, Hilary Venables of government are designed to ensure that ment and elsewhere. Cartoons the corrupt do not become too entrenched, And Mamphela Ramphele, despite her Gus Ferguson, Stacey Stent too powerful, allowing their self-serving unhappy vacillations, could bring a touch of ambitions to grow too great. There are good class to the House. There is no such thing as Accounts Nicci van Doesburgh reasons for seeing Nkandla as a signpost to a “wasted” vote. For three decades just one [email protected] Harare. woman, Helen Suzman, was able to keep the At least, a change of government allows a ideals of liberal democracy alive in South Af- Subscriptions Maud Petersen new set of hogs a turn at the feeding trough. rica. Lest we forget. [email protected] Democracy functions best when everyone Any Noseweek reader who fails to vote on actively participates in the process. 7 May is guilty of a serious dereliction of duty. Advertising sales executive All that to persuade you to vote. By vot- Do better: volunteer your assistance in the Godfrey Lancellas [email protected] ing, you not only advance the cause of the campaign to mobilise voters. Invite a friend to party you think best represents your views join you in the queue at the polling station. Advertising co-ordinator Adrienne de Jongh [email protected]

All material in this issue is copyright, and belongs to Chaucer Publications (Pty) Ltd, unless otherwise ­indicated. Cape Point for Point No part of the material may be quoted, photocopied, reproduced or be stored by any electronic system without prior written­ permission. Disclaimer: While every he uproar that has developed “south of als. An ‘events’ application was initially reasonable effort is taken to ensure the accuracy and the mountain” – Table Mountain – trig- rejected but approved on appeal. I have soundness of the contents of this ­publication, neither the gered by the development ambitions of submitted an application for every- authors nor the publisher will bear any responsibility for T the consequences of any actions based on information Cape Point Vineyards’ owner Sybrand van thing I do.” contained. Printed and Published by Chaucer ­Publications der Spuy – highlighted in April’s Noseweek Nose174: “…he’s been known to use the de- (Pty) Ltd. – appears to have helped bring matters to a velopers’ favourite race trick: stop opposing climax – and a possible resolution, at least my commercial plans or I’ll put sub-economic for now. housing here.” It also brought Van der Spuy to Noseweek’s Van der Spuy: “Without foundation. offices for a three-hour discussion. Our story I’ve offered a portion of land to the city had largely been told from the conservation- for low-cost housing. It had nothing to ist point of view. We make no apology for that. do with any application. They thought But, Van der Spuy explained, quite apart the land unsuitable. I still disagree.” from not fairly acknowledging the advantag- Nose174: “I’ll tell the poor you’re depriving SUBSCRIPTION RATES es of development, the conservationists we them of jobs and I’ll arrange for them to pro- quoted had often got their facts wrong. For test outside your property.” Print that we do need to apologise. Van der Spuy: “All my applications in- SA only R374 Taken through his criticism and com- volve the creation of jobs. The effect of Neighbouring states ­(airmail) R546 plaints, paragraph by paragraph, made for objections and delays has been to post- Europe, Americas and Australasia R673 an instructive afternoon. The full list is on pone the creation of jobs.” Internet edition Noseweek’s website, at the foot of the story Nose174: “Van der Spuy is equally firm 1 year R298 in nose174. with officialdom. In 2012, after the city is- Combined A few examples paint the picture: “Al- sued an order that he stop hosting certain Print+Internet (SA only) R474 though he initially applied for permits, the events at his estate, he sent a defiant email To subscribe applications were turned down, so he ‘simply to officials: ‘Be advised we will not comply By post: Send cheque with name, address stopped applying’,” said the Noseweek story. with the attached notice as we do not believe and ­phone no. to: noseweek, Van der Spuy’s response: our activities are unlawful… I have …alerted PO Box 44538, Claremont 7735. “False. All my eight Lupo (Land Use you that we have suffered damages regard- Via Internet (pay by credit card): Planning Ordinance) applications have ing your actions and intend to claim it jointly www.noseweek.co.za been approved. I had to appeal many and severally from you’.” Email [email protected] conditions set to the different approv- Van der Spuy: “We were being clear Further information Call (021) 686 0570; fax 021 686 0573 or email [email protected] with our intentions, it was not a show of defiance: ‘I wish to alert you be- the city seemed to be “up for it” …but six threat.” forehand that we have commenced the months later Van der Spuy had the last Nose174: “There is now even talk of erection of buildings... to this end please word: “I have not heard from the city.” Kirstenbosch-style concerts, 12 a year.” find attached a legal opinion from [attor- A week after nose174 appeared, about Van der Spuy: “I have notified neys] Werksmans...’” 100 Noordhoek residents, both the “len- neighbours that I wish to apply Van der Spuy: “The Werksmans til munchers” and the “looters”, includ- for 12 charity concerts a year. We letter simply said the city could not ing Van der Spuy and most of his main raised R450,000 with the approved hold up the process because of al- antagonists, gathered to air their differ- concert in December. The money is leged illegal structures. Lupo states ences and float compromise solutions applied to feed more than 400 chil- the only consideration is desirabil- and peace pacts. There were offers to call dren daily. I fund the costs of the ity. Contraventions of building rules off litigation all around. event, the gross gate goes to charity. are dealt with in other legislation.” An older, wiser resident summed up One objector said: ‘It is not my prob- Nose174: (Quoting Van der Spuy) “I the situation: The problem is that the lem these people are poor. I wish to alerted the council that I was going to ‘developers’ in the valley (and their fol- sleep in peace’.” The concerts would proceed with activities regardless.” lowers) have a mindset that views eco- end at 21h000. Van der Spuy: “Note the context: I nomic activity (some would say greed, Nose174: (Quoting complaining neigh- said if they exceeded the legally pre- conspicuous consumption, unsustain- bour) “This market... has a profoundly scribed timelines for dealing with able exploitation, unbridled hedonism, detrimental effect on the daily life of its my application, I would do so. About whatever) as the be-all and end-all of life neighbours. Noise levels produced by 70 employees depend on the applica- itself. The ‘environmentalists’ on the oth- thousands of people partying …from so tion... [another] application... caters er hand are all for the preservation and called ‘charity’ concerts…” for another 70 employees... I would conservation of Noordhoek as of old – an Van der Spuy: “We only had 14 rather explain my commencement under-developed peri-urban area with- objectors to the market – 1,350 peo- of activities to a judge than let 140 out street lights in which commercialism ple signed a petition in favour of it people be unemployed… in RSA is limited and conservancy holds sway. and 2,000 – 3,000 attended; they vote each employed person supports 10 Rare leopard toads hop, horses thrive, with their feet! About 56% of visitors people... thus 1,400 people would children play, dogs get walked, waves get are from the area. Neag (Noordhoek go to bed hungry if I curtailed my surfed and commercialism is kept at bay. Environmental Action Group) has activities.” It seems that the majority prefer turn- only about 40 members. Nose174 reported that Neag had asked ing a semi-rural agrarian idyll into a Nose174: “He sent an email to the the city to bring a civil action against Van shop-till-you-drop mini-Hout Bay. [Council] Spelum committee... with a der Spuy for a demolition order, and that The Editor Stent

Noseweek May 2014 7 DEAD MEN WALKING

Decades after being employed by the apartheid government’s secret atomic weapons programme, hundreds of workers are nowhere closer to getting compensation for debilitating illnesses that were probably caused by exposure to radiation or harmful chemicals. Mandy de Waal and Jon Pienaar investigate

lfred Sepepe fears for his life. his stalkers were back, but that this &55 in 2004 suggested this was al- He claims his health was irrep- time the police and Necsa officials ar- ready standard practice at the country’s arably damaged after working rived in six vehicles. nuclear installations. Access at www. for the Uranium Enrichment “This past Sunday we had a meeting noseweek.co.za will be free for the month Corporation of South Africa in Atteridgeville, and the wife of one of May. – Ed.) A(Ucor) in the 1990s, where he says he of the former nuclear workers with us Sepepe is one of hundreds of fellow was illegally exposed to nuclear radia- phoned to say that the police were at nuclear programme workers – or de- tion and toxic chemicals used in ura- her house. They were looking for me ceased workers’ surviving dependents nium enrichment. After fighting for again,” says a worried-looking Sepepe. – who want compensation from Necsa decades to get compensation for him- (France Maluleka confirms: “The po- for health problems they claim are a self and hundreds of others like him, lice came and dragged me out of my consequence of their work. Sepepe says he no longer sleeps at his house, demanding to know where they This nuclear programme goes back Atteridgeville home. He has good rason could find Sepepe, as he was causing to the 1940s when the Atomic Energy to believe he is being hunted by the po- trouble. I took them to his house but he Corporation was formed. It subsequent- lice, accompanied by “men from Necsa” wasn’t there.” ly undertook research funded by the the state-owned Nuclear Energy Corpo- Sepepe says: “I haven’t been sleep- ironically named “US Atoms for Peace ration of South Africa (Necsa). ing at my home since the beginning of program”. In the late 1990s the AEC “I went to the Atteridgeville old age January. Why are they looking for me? (together with the Uranium Enrich- home at the beginning of January and What do the police and the men from ment Corporation, formed in 1970) was the elders there said a Necsa car and a Necsa want from me? The problem is restructured as Necsa. Saps car with two white policemen ar- that I have been organising for people But the nuclear programme only got rived at the home. I was told that those who used to work at Necsa. I am afraid serious in the mid-1970s after John people were looking for me. That they if I go home they will catch me. And Vorster recreated South Africa as a wanted me because I had held a meet- what will they do with me? They said country under siege. Amid strikes, ing of all the former Necsa workers to the old people: ‘We will catch him’. mass protests and the liberation of looking for compensation,” Sepepe tells What did they mean by that?” South Africa’s neighbours, Vorster was Noseweek when we meet at a KFC in Asked for comment, Necsa’s spokes- at war and he wanted an atomic bomb. Atteridgeville. (A resident of the home person replied: “At no point were any The atomic bomb project was started later confirms to Noseweek that the po- of Necsa’s ex-employees sought out by the AEC but Armscor, in collabora- lice had called there asking where they for making health impairment claims. tion with Israel, soon took over and might find Sepepe, as they knew he had Necsa did not lay charges against Mr these bombs were built at a place called addressed a meeting there and was Sapepe or any of the claimants.” Advena, 4km from Atteridgeville. “I first “causing trouble”. They had left with Sepepe worked at South Africa’s nu- worked at Advena, then I was moved to the threat “Ons gaan hom kry! [We’ll clear programme at Pelindaba from Pelindaba,” says Sepepe. “There I saw get him!]” May 1989 to 31 January 2000. He was for myself that the place was bad. I Sepepe adds that the pensioners retrenched shortly after getting sick. saw how they worked with all of these phoned him two weeks later to say that (The stories on Koeberg in noses53,54 chemicals. I asked my foreman why we

8 stone will be left unturned” in the in- vestigation of their son’s death. Eleven DEAD MEN other workers were injured at the same time but they were instructed to keep mum on the incident. Four years later Pelindaba nuclear power station and Motha’s family was given a cheque for Alfred Sepepe R6,000 from Necsa by way of compen- sation for his death. The family was not given sight of a report compiled by the WALKING Minerals and Energy ministry, and re- ceived no further correspondence from the department. Back in Atteridgeville Sepepe says he was repeatedly shifted between dif- ferent sections at Pelindaba where he did cleaning, operated machinery and poured chemicals into machines. He re- peatedly challenged his superiors about working with the chemicals without protective gear. In the late 1990s his health began to deteriorate. “I started getting sick. More and more sick. When I went to urinate I would see that the colour and smell of had to work with chemicals, and why my urine was different.” we didn’t wear protection. He chased After seeing a private GP, Dr Rus- me out.” sell Marivate in Soshanguve, Sepepe The atomic bombs conceived by Vor- was transferred to a specialist at a pri- ster were ultimately disarmed or de- vate clinic near the Morula Sun in Ga- stroyed soon after FW de Klerk came to Rankuwa in 1999. “I had an operation power in 1989. states in its there. They asked me how many chil- report “The True Cost of Nuclear Power dren I had. I told them I had three. They in South Africa” that “De Klerk ordered said that I would not have any more that 12,000 pages of documentation children.” He was advised by doctors to covering the project should be shred- have his testicles removed for the sake ded, protecting the hundreds of people of his health. Sepepe was retrenched involved in the programme”. early in January 2000 after returning Sepepe, isn’t aware of the names of to work. “The money that I got with my the chemicals he was exposed to, but retrenchment was about R15,000 but I the death of Victor Motha shows just still lost my house,” he says. how deadly some of the substances Sepepe is one of 500 former work- used at Pelindaba were. ers who flocked to the anti-nuclear and “When Victor Motha went to work at environmental activist group Earthlife the Necsa Pelindaba complex, on the Africa in 2000 to get help for illnesses morning of 8 November 2001, it seemed they claim were caused by working in to be a normal day for the young chemi- the apartheid government’s nuclear cal engineer,” the Greenpeace report programme. They wanted help in get- reads. “But when the 21-year-old came ting their medical files from Necsa, and home that night, he suffered from nau- assistance seeking compensation in sea, a burning throat and chest. In the terms of the Compensation for Occupa- course of the evening he started vomit- tional Injuries and Diseases Act. ing. His father rushed him to hospital The workers said they had been re- where he died. Fluorine inhalation was trenched by Necsa after showing signs the cause, the post-mortem examina- of being ill, or after complaining they tion concluded. To process uranium as were ill. Sepepe, and others Noseweek a fuel in nuclear reactors, fluorine, a talked to said that they walked off highly toxic gas is used.” Pelindaba with only their last month’s In the wake of Motha’s death his pay. They received no other compen- family received a letter from Phumzile sation. Mlambo-Ngcuka (then Minister of Min- Of the 500 workers, only 208 could be erals and Energy) which promised “no examined by a team of medical profes-

Noseweek May 2014 9 may cause cancer.” The document adds that at above-standard levels, exposure can “maim or kill”, while “even at very small dose levels, radiation harms the body’s cells.” In his report on the 208 ex-Necsa workers, Coombs concludes: “It is clear from the findings that an investigation into occupational disease for ex-Necsa workers is valid and necessary. The burden of disease, both occupational and non-occupational also indicates the Sipho Jaca need for further occupational disease, economical and social studies.” He goes on to say: “Anecdotal in- sionals, led by Dr Murray Coombs, an senior maintenance man called Van formation from personal interviews occupational health expert hired by Rensburg had suffered from Uranium and telephonic contacts indicates a , before the project ran Hexafluoride exposure. Other labour- much larger group of ex-employees out of funds. ers had leukaemia, cancer, asthma, with radiation related illness. These The medical survey commenced in and Graves’ disease (an auto-immune employees are covered by pensions 2004 and was completed two years later. disease of the thyroid). The survey con- and medical insurance and are re- After releasing his report in September cluded that, of the 208 people exam- luctant to come forward to join the 2006, Coombs told The Star that “The ined, 40% were suffering from illnesses study [for fear of being retrenched, re- occupational diseases rate [at Necsa] is that were probably occupation related. sulting in their losing those benefits].” at 50%, which is heavy, it is the highest Workers who contract a disease be- Earthlife Africa and Coombs tried I have seen. The norm is about 10-12%.” cause of their work are entitled to com- to get additional documentation from [The Coombs report can be found with pensation under the Compensation for Necsa, but the state enterprise blocked this story on www.noseweek.co.za] Occupational Injuries and Diseases Act the efforts. When the files did arrive – As part of the study Coombs was 130 of 1993. In tandem, nuclear facili- after years of waiting – they were woe- granted permission by the workers to ties must be licensed by the National fully incomplete. Media interest in the obtain their medical files from Necsa. Nuclear Regulator Act No 47 of 1999 case was high, and off the back of activ- The doctor said: “I would have been em- which stipulates compliance to specific ist action and worker protests, Parlia- barrassed if I had compiled those files. safety codes. As Coombs states in his re- ment decided that Necsa had to launch Many were not in sequence, and there port: “In the case of nuclear operations an investigation. were gaps.” Necsa failed to give Coombs specifically, all diseases that arise from In June 2005 Necsa announced that the files of some 62 workers. In the time ionising radiation give rise to claims for the R3.5-million investigation would A Parliamentary committee was shocked at the evidence

it took for the survey to be completed, compensation.” Importantly, as Coombs be headed by “independent” radiation 15 of the 208 workers he examined had states: “It is not the prerogative of an expert Mogwera Khoathane and com- died. employer to decide whether an illness mitted to having a report done within The Star reported that no follow-up was caused by exposure at the work- a year. But Earthlife Africa claimed the medical examinations were done on any place. This is done by the Compensa- effort was “a whitewash”. Coombs and of the workers once they had left Necsa. tion Commissioner.” a former Earthlife Africa activist, who The paper quoted Coombs: “The radia- What kinds of maladies does expo- did not want to be named, said a sec- tion and chemical industries should fol- sure to radiation, chemicals, lasers or ond tranche of funds was requisitioned low people through to their deaths.” other components typically found in and allocated by the state for the report Coombs’s survey showed that 45% of a nuclear programme cause? Necsa’s Khoathane was to produce. the workers in the study had been ex- 2006 Annual Report has this answer: Khoathane went on to found Afri- posed for ten years or more to radiation “Radiation can cause disease by two can Radiation Specialists and on his and/or hazardous chemicals, and that routes. High levels of radiation will de- website describes himself as “a radia- each of the former Necsa employees he stroy enough cells in certain organs and tion science entrepreneur with proven examined had at least one disease. The systems that the body is made gravely entrepreneurial flair”. He says his “ca- research showed eight confirmed cases ill or is killed. Low levels of radiation reer in Radiation Protection has been of radiation exposure. The medical re- react with the DNA (the information with South African Nuclear Energy ports from the survey showed that a system of living organisms) and this Corporation (Necsa) and the National

10 Nuclear Regulator as a Scientist and myeloma which he believed was caused At this time Sepepe told the Parlia- Programme Manager respectively”. by exposure to ionising radiation while mentary Portfolio Committee on Envi- (So he wasn’t as independent as Nec- working at Valindaba’s Y-Plant [also ronment that 60 of his co-workers had sa’s announcement had suggested.) known as Pelindaba East – an experi- been buried already, and said they died A phonecall to Khoathane was all it mental uranium enrichment plant and suffering, in poverty. “Our former boss- took to establish the multi-million-rand which produced fuel for the Safari-1 es are hoping we all die off one by one report commissioned by Parliament Nuclear research reactor at Pelindaba] until the problem disappears,” Sepepe was never completed, let alone pub- between 1974 and 1983, at a time when is quoted as telling the portfolio com- lished. “The best is to contact Necsa in South Africa was enriching uranium mittee. that regard, I never finalised the report for its weapons programme.” As far as Noseweek can establish, because of other issues. I can’t discuss Roux’s claim to the Compensation Roux went to court but at the time, was these issues because of contractual is- Commissioner was initially rejected, living on a cocktail of pills. As the court sues. I don’t know if Necsa finalised it and it was later found that this was case dragged on, Roux – who was in his with someone else,” Khoathane told because it hadn’t been “properly in- early sixties – was forced out of his Pre- Noseweek. vestigated” by Necsa. A high court rul- toria home and moved to Malawi where In tandem with the multi-million- ing forced Necsa to open its files to the he had relatives who were prepared to rand investigation undertaken by a Compensation Commissioner after the care for him. After that experience he Necsa scientist for Parliament (and nuclear corporation cited secrecy laws became a recluse and refused to talk to paid for by taxpayers), South Africa’s for not doing so. “Despite his appeal anyone. nuclear corporation also undertook for urgency – dictated by the need for Back in Atteridgeville, Noseweek its own study at the same time. Necsa immediate treatment to prolong his spoke to Sipho Jaca who said he was called for workers to be a part of the life – Necsa took two years to supply relieved to get a job as a labourer, af- study, but there was great concern information to the commissioner as ter he and a few friends applied for expressed by Earthlife Africa and by ordered by the court and then hid the work at the gate of a Murray & Roberts workers about the independence of information to prevent any more access construction site in Pretoria in 1981. such an endeavour. to it, making it impossible for Roux to For the next few years Jaca too was Necsa’s doctors asked all the workers pursue his case,” the Greenpeace report employed at Ucor at Valindaba. In 1982 involved in the case to submit them- states. he started working in a section where selves to tests, but of the 500 originally gathered by Earthlife Africa, and of the 208 examined by Coombs, only 50 workers submitted themselves for tests. Two years later in 2007, Necsa CEO Rob Adam would tell Parliament: “Necsa can categorically state that not one of these former employees presents symptoms that relate to the adverse ef- fects of radiation.” This was despite the limited number of people tested and Murray Coombs’ report to the contrary. Subsequently the case was taken up by the Legal Resources Centre and in 2007 a delegation of workers testified before a Parliamentary committee, who appeared shocked at the testimony and evidence presented to them. Promises were made, but years later the LRC case was abandoned because of a lack of funds. Today the workers are nowhere nearer resolving their case, and none of the promises made to them have been fulfilled. The reason for this? As Greenpeace states in its report: “The workers’ le- gal cases then hinged on the test case of Tilman Roux, 62, a former employee of the South African Uranium Enrich- ment Corporation (Ucor). “Roux applied for workman’s com- pensation benefits in November 2007. He provided a diagnosis for multiple

Noseweek May 2014 11 he had to mix chemicals. After this, he cleaner in the early 1990s, through con- “Mamba” plants, where he had to clean said, he developed a bad cough and by tractors Pritchard Cleaning Services. out “red water” without protective 1984, other symptoms started to mani- “They gave me urine and blood speci- clothing. fest: itchy skin, lack of energy, weight mens to wash out at the Necsa clinic. Two decades later and these “victims” loss and dark mucous when he coughed. They didn’t even give me gloves. I wore of the apartheid government’s secretive Despite this, Jaca carried on work- no gloves or no mask. I washed those nuclear programme are no nearer any ing and didn’t complain. “If you com- utensils with my bare hands,” she said. kind of justice. Their only hope now is plained, you got fired.” “When I asked the doctor, a Dr Foster, the Public Protector. “We handed the Workers were given an ointment to why he wore gloves and I didn’t, he just case over to the Public Protector (in help with the skin itching, “but it didn’t ignored me.” 2010) because we had run out of any av- help nothing,” he said, adding that in l Lydia Malatji spoke about her hus- enues to make any change,” says Judith 1986 they were given face masks – five band who worked for AEC and died Taylor of Earthlife Africa. years after joining the company. On a when he was 77. “He was always com- At one stage the case was being han- doctor’s advice, Jaca gave up smoking plaining about the chemicals they used dled by the Legal Resources Centre, and alcohol, in an attempt to become there. He said these were the chemicals but one of the lawyers working on the more healthy. they use when it is war. He started to matter died, and the other was re- In 1991, Jaca lost his job due to ill- cough up blood, and got sick. His left trenched and joined a private law firm ness. He was retrenched without any foot was swelling and turned black.” in Pretoria. sort of severance package – just one Malatji went to Kalofong, a public hos- “We spent a lot of money sending peo- month’s salary. Now 60 years old, he is pital on the outskirts of Pretoria three ple to the National Occupational Health scrawny; his face is drawn, with bulg- times. On the third occasion he never Institute and ran out of funds. The case ing, jaundiced eyes. He walks with a came back. has simply been ignored by Necsa,” said slight stoop, like a much older man. He l Elias Mahlangu died of oesopha- Taylor. “Basically these people are be- says he is a shadow of his former self; geal cancer when he was 54. He was re- ing forgotten because they are too poor Two decades later and these people are no nearer justice when he was younger he was active and trenched by AEC in 1990 after working to be top-of-mind, which appals me. He enjoyed life. “God didn’t punish me, but for them for 14 years. By mid-1992 he added: “These people have now also chemicals punish me forever.” was dead. been ignored by Dr Coombs who with- In 2001 Jaca heard about a group of l Mkomasi Mkhondo worked in the drew his position on this case.” former workers who were getting to- “Rooi Gebied” – the Red Area – as a It is ten years since Coombs was gether to try to get compensation. He cleaner. He wore standard blue over- hired by Earthlife Africa. “I was a pri- was among the group of 208 workers alls and shoes and gloves. He recalled vate consultant, and this was purely a examined by Dr Coombs and sent for his foreman, a Mr Brink, telling him: contractual agreement. I was hired to testing at Kalofong Hospital, whose re- “Working here, after 20 years your body do investigations on people who con- port diagnoses Jaca with “thyrotoxico- won’t be the same.” sented. We wrote a report and gave it sis from Graves’ disease.” Many complained of deteriorating vi- to Earthlife Africa. My team and I filled When Noseweek arrived in Atterid- sion, digestive problems, kidney pain, in the COID (Compensation for Occu- geville expecting to interview a hand- high blood pressure, weakness and pational Injuries and Diseases) form ful of workers, word had got out and palpitations. Surviving relatives tell of and handed our files over to Earthlife dozens turned up. They had all brought painful deaths in hospital, of kidney Africa’s legal aid people,” Coombs said. with them their security badges used failure, or lung disease. “Earthlife Africa had limited funding, to enter Pelindaba, or work records, or Two Noseweek journalists sat in At- so the case was closed. I moved on with doctors’ records. teridgeville with notepads and pens my life simply because there’s nothing l Martha Masilela, 58, spoke about outside KFC, in the rain, as elderly else for medical people to do in this case. working at the site for five years, and person after elderly person told their It is now a legal issue. Last year I had how she swept white powder off the heart-breaking stories. a call from the Public Protector’s office floor with her legs exposed to this sub- The most shocking visual evidence for the files and I handed these over,” stance in 1991. She has now been diag- was that of Steven Maleka who lifted he said. “Millions were earmarked by nosed with skin cancer, she says. up his trousers at the ankles to reveal a Parliament for an investigation on the l Joseph Lebepe, 63, was a handy- widespread skin aberration that in part matter, but what happened to this re- man from 1982 until 1985. He has been looked like bleeding warts, and in part, port? Necsa is a government organisa- diagnosed with chronic obstructive air- skin cancer. A haunting sight. tion and it appears that government way disease. Maleka told of 20 years of pain, itch- makes the rules on nuclear issues that l Anna Maponya, 60, talked about ing and palpitations. He recalled work- everyone must adhere to, but doesn’t the time she worked at Pelindaba as a ing at Necsa’s Area 28, “Cheetah” and adhere to these itself.

12 “That government report seems to have just disappeared,” said Coombs. Noseweek phoned the National Nu- clear Regulator to find out, and to get its comment on the case of the Necsa workers. National Nuclear Regula- tor spokesperson Tshepiso Mogorosi’s voice-answering system announced: “The mailbox you are trying to leave a message for is full. Wait while I transfer your call,” then the line went dead. When Noseweek reached him on his mobile phone he said: “I have no infor- mation on that. Where did you get my number? No, no, no. I have absolutely Steven Maleka no information on this and am not in a position to comment on this. You need to speak to Necsa.” Necsa’s response to Noseweek’s More interesting: in that 2007 Necsa the Compensation Commissioner to request for information about both the “report” it is stated that Phase 2 of the whom the claims must be forwarded,” multi-million-rand report that was independent practitioner’s investiga- Necsa’s spokesperson told Noseweek. commissioned and paid for by Parlia- tion was already in the pipeline: in this “The Commissioner will in turn ver- ment, and the investigation Necsa had phase, Necsa’s own practitioner’s inves- ify the claims by referring to, among itself commissioned at the time, was an tigation was to be extended to a further others, the results of medical examina- email stating simply: “A copy of the re- 358 former employees whose records tions and then reject or accept a claim. port is attached.” had been requested by Earthlife Af- The decision lies solely with the Com- The single-page document attached rica, or who had been mentioned by Dr missioner and not with Necsa.” to the email was indeed headlined “Re- Coombs in his report. He also denied that Necsa had been port on Phase 1 of the investigation by “Given the depth and scope of this in- hounding the organiser for former nu- an Independent Occupational Medical vestigation… Necsa is not able to pro- clear workers, Alfred Sepepe. “The al- Practitioner on the state of health of vide an exact indication when the final legation by Mr Sepepe that he is being employees of the South African Nuclear phase of the investigation will be com- sought out by Necsa, is rather serious. Energy Corporation” – a very grand ti- pleted,” it is stated at the conclusion of He must come forward with evidence tle for a document compiled by Necsa’s the statement on Phase 1. such as a police case number,” he said. corporate communications department “Necsa is not willing to compromise On to the Public Protector’s office, for publication in various media in the quality of the medical examina- where spokesperson Kgalalelo Masibi March 2007 to counteract Earthlife’s tions by placing undue pressure on the first told Noseweek that, four years lat- campaign. Much of it is devoted to a appointed occupational medical practi- er, their report into the Necsa workers’ statement about Necsa’s policy, good tioner, or publishing the results before health problems is “still in progress”. intentions and commitment to “best they have been thoroughly concluded.” A bit later we learned that they have international practice”. In it, reference But Necsa would publish the results been having difficulty extracting a re- is made to findings by the independent “immediately they are available”. port from the external investigator practitioner (who was not identified) Noseweek asked Necsa for a copy of commissioned to do the job for them. appointed by Necsa, based, it says, on the “Phase 2” report. At the promised “The report was only received today a medical examination of 45 former delivery time, Necsa’s media spokes- [10 March 2014] and will be quality as- Necsa employees and five men still in person informed us that he had not yet sured to ascertain if it is in line with its employ who voluntarily “presented received clearance to release a copy of Public Protector standards and the ap- themselves” for the examination. It is the report to us. By the time we went proved investigation plan,” said Masibi. definitely not, therefore, a random sam- to press we had heard nothing further A month later Noseweek got no re- ple from which any conclusions might about the matter. sponse to its follow-up call. be drawn about the state of health of Necsa has in the meantime made Meanwhile Sepepe is in hiding, but employees of the South African Nuclear clear that in any event it will not be en- was at funeral services for two of his co- Corporation. tertaining any claims for compensation workers in the past two weeks. According to the statement, the inde- by its workers. “Eish. These people are dying. My big pendent practitioner found that not one “Necsa has repeatedly told the claim- fear is that I will die too. Who will help of the 50 was suffering from a condition ants that the company does not make all these people then? What will they do related to either radiation or chemi- payments for any occupational health then?” cal exposure. A handful were, however, claims but contributes to a fund cre- found to be suffering from hearing loss ated in terms of the Compensation for l Read more: “The True Cost of Nu- due to their exposure to high levels of Occupational Injuries and Diseases clear Power in South Africa” report can noise at work. Act (COIDA) and is administered by be found on the Greenpeace website. n

Noseweek May 2014 13 Sickly stench of careless greed Ronald Bobroff pips No. 1 to the post by R50m. By Tony Beamish

man is known by the company he keeps, goes the old prov- erb. This is particularly so at this time for the former presi- dent of the Law Society of the ANorthern Provinces, Ronald Bobroff and President Jacob Zuma. Behind their friendly smiles in the vanity pho- tograph we lifted off Bobroff’s website, is the sickly stench of careless greed. Both have sought to avoid having to answer multiple allegations of theft and other impropriety and appear to share the belief that others will not see through their flimflam. But when it comes to the misappropri- ation of public funds, Bobroff seems to have pipped Zuma to the post by about R50 million. According to court papers, the Road Accident Fund (RAF) has, over the past ten years, paid out awards totalling more than R1 billion to road accident victims represented by the Bobroff law firm. A large chunk of it never reached the often grievously maimed accident vic- tims, ending up instead in the Bobroff You’re known by the company you keep directors’ private bank accounts. As- suming the Bobroff firm’s illegal contin- gency fee claims were calculated at 30% pages on a number of occasions. RBP may end up being awarded even of these awards, Ronald’s firm has pock- Bobroff, his son Darren, and third less. With interest, he could eventually eted R300 million-plus. partner Steve Bezuidenhout, do what have to repay his client as much as R1m. Since, three months ago, the Consti- litigators believe they do best: litigate – • Anthony de Pontes was rendered tutional Court declared Bobroff’s con- now mostly against their own clients. quadriplegic in a motor vehicle accident tingency fee regime unlawful, his firm Cases current include: and needed to have a curator appointed will have to repay whoever sues them. • Juanne de la Guerre: Bobroff to help him manage his financial affairs. Former clients have three years from claims to have charged his former Bobroff tried to have the curatorship February of this year to sue for recovery client, Juanne de la Guerre, an hourly overturned to frustrate the curator in of the amounts they were overcharged. fee and presented her with a fee bill his request for Bobroff to produce proper A class action against the Bobroffs could for R868,000. Apparently by virtue of a accounting for his fee. The court dis- be in the offing – much like the one in- happy accident, when Ronald and Dar- missed Bobroff’s application with puni- spired by Noseweek against the Athlone, ren added up their hours, their total tive costs. He is appealing. Cape Town law firm Hoosain Mohamed fee equalled precisely 30% plus VAT of De Pontes himself is seeking an item- & Associates in 1999 (nose26). the capital the RAF paid out on De la ised bill too. Bobroff claims to have Many pages of this publication have Guerre’s claim. charged him an hourly fee, to arrive at a been devoted to the shenanigans of Ron- Bobroff refused to give her a detailed bill for R2,102,000 whereas Bobroff was ald Bobroff and Partners (RBP). Ronald account. Only after a high court judge only granted R83,169 by the RAF for his Bobroff is also the founder and chairman ordered him to do so and much heel firm’s fees. By unexplained coincidence, of the SA Association of Personal Injury dragging, did he eventually produce an the amount Bobroff is claiming from De Lawyers (Saapil). The once-bankrupt itemised bill. It now totalled R312,000 in Pontes equals 30%-plus-VAT of the capi- Saapil vice-chairman, Anthony “Tony” fees. This bill must still be taxed (vetted) tal received (R6,146,000) from the RAF. Berlowitz, has also graced Noseweek’s by the Registrar of the High Court and • Matthew Graham was brain dam-

14 Picture: Moneyweb

aged in a collision in which he was the Once Bobroff’s account was taxed by passenger. The driver died. Matthew the Registrar of the High Court, it was and his wife Jennifer have taken the clear to Haripersad’s legal advisors that Bobroff firm to the North High Bobroff was liable to refund R360,000 Court seeking two things: that the Law plus costs, plus interest. Society be ordered to pull finger and Bobroff has refused to pay and the have a disciplinary hearing against matter is to be heard in the South Gaut- them poste haste, and, that the Bobroffs eng High Court – but only in a year’s be suspended from practise pending an time. investigation into their conduct gener- • Glen Vivian emigrated to New ally, and not only their overcharging of Zealand a few years back while Bobroff Matthew Graham. finalised his RAF claim in his absence. Judgment in this application was In due course Vivian received a bill for expected as Noseweek went to press. fees totalling R1,254,000 from RBP. It The RAF paid R1,98m in capital, plus equalled exactly 25% of the capital plus R293,000 for costs, into Bobroff’s trust VAT. account for his client Graham. Two Earlier this year, Vivian took Bobroff weeks after receiving this payment, Bo- to the South Gauteng High Court de- broff drew R758,000 of it in a cheque an- manding a full accounting. Bobroff, Is that a summons in your pocket or notated: “Bidvest Bank – interim”. supported by his counsel Ian Zidel SC, are you just pleased to see us? Darren He told the Law Society it was an opposed this and launched a counter ap- Bobroff says hello to Noseweek’s interim fee which was deposited to the plication. He told the court that, since photographer credit of the RBP directors’ private ac- Vivian was for all intents and purposes count. He then sent Graham a fee bill for a foreigner, he should be ordered to put R738,045 – 40% of the damages recov- up R500,000 in security for costs before spit on you.” He proceeded to spit on the ered from the RAF. his application could be entertained by ground in front of him. Meanwhile, Bobroff is particularly the court – in case Vivian should lose the [A few hours later this was followed irked by the fact that Discovery Health case and Bobroff be awarded costs. up with a spiteful WhatsApp message has seen fit to finance the litigation Judge Ratha Mokgoatlheng’s ruling in to Tony Beamish, who happens to have launched by Graham, a Discovery client. the matter is expected shortly. been born with monocular vision. It • Manresh Haripersad had sued • Ursha Fourie and her son, Lincoln, started off: “Beamish you one-eyed freak. Bobroff for a full and proper account- were injured in an accident in which We going to sue you until you have noth- ing. Bobroff said he had calculated his her husband and daughter died. Bobroff ing but your dirty suite [sic].” (Beamish fee on an hourly rate and that came to took 30% of the capital amount awarded owns one suit which is regularly dry- R184,000. This also happened to equal by the RAF, plus VAT. He then ignored cleaned. He doesn’t have a suite – not 30%-plus-VAT of the capital received Fourie’s request for an itemised state- even a dirty one.) – Ed.] from the RAF. In addition, Bobroff had ment until she was forced to serve a Darren Bobroff’s juiciest Facebook kept the costs contribution from the summons on RBP. posts are reserved for De la Guerre’s RAF. Fourie is also suing Bobroff for profes- attorneys, Anthony Millar and Norman sional negligence. The case will be heard Berger. A sample: “Millar and Norman Picture: Moneyweb in October. Berger must be prosecuted for theft and • The Hawks are investigating crim- use of stolen documentation. Prison will inal charges against the Bobroffs. A re- be the only acceptable punishment for cent inquiry directed to one of the inves- these despicable thieves.” tigators was met with the terse response The Law Society confronted Millar that all inquiries be directed to their and Berger with complaints along these spokesman, Captain Paul Ramaloko. He lines when they appeared before its dis- has yet to respond. ciplinary committee to answer to com- Meanwhile Noseweek has good reason plaints made by the Bobroffs. to believe that the Hawks also have on Evidence was given under oath and their agenda a matter of R98 million in witnesses were cross-examined. Millar VAT, plus penalties, that the South Af- and Berger were acquitted. rican Revenue Services is said to be de- The Bobroffs are truly a gift to jour- manding from RBP. nalism that keeps on giving and giving. Ronald and Darren Bobroff freely dish Stop press: Ronald Bobroff recently out vitriol to their opponents. suspended himself from the Council of Noseweek staked out RBP’s premises the Law Society of the Northern Prov- Like father etc... Ronald and Darren at a time when the Sheriff was there inces minutes before a vote to remove Bobroff on a male bonding trip to the to collect money owing to De la Guerre. him was to have taken place. Jozi Supreme Court Ronald approached the reporter say- Is now the time to say goodnight and ing, “You are scum of the earth. I could goodbye? n

Noseweek May 2014 15 Bobroff and son An easy to read A–Z of their life and times. By Tony Beamish

A. Anthony Millar: director of at- Ronald’s signature on an RBP cheque agreement to be unlawful. torneys Norman Berger & Partners in order to divert R115,600 of Pombo’s K Krystof Mon (Dr): Ronald’s (NBP) – arch-nemesis of the Bobroffs trust funds to Darren’s personal . connection at the Riverfield Lodge & – achieved a spectacular result against Standard Bank account. the Bobroffs in the Constitutional Netcare Rehabilitation Centre which, Court earlier this year for his client, G. Gobsmacked: earlier this year, for R10,000 per client, refers the road accident victim Juanne de la Noseweek reporter Tony Beamish was injured to RBP. This payment is made Guerre, who was ripped off of upwards waiting outside RBP’s office while the to him ostensibly for a medico-legal of R500,000 by the Bobroffs. Millar Sheriff was inside demanding payment report. Mon’s unsophisticated one- tweets as @zunnelle. He clearly has a of money due to De la Guerre. Ronald page biographical reports containing sense of humour (See Z below). came out and said to Beamish, “You the patient’s biographical details are are scum of the earth. I could spit on benignly called “medico-legal reports”. B. Bernadine van Wyk: courageous you.” He proceeded to spit in front of L. Lisa Berman-Bobroff: Darren’s whistleblower, former RBP bookkeeper Beamish. Later that day he explained wife. The unknowingly grateful recipi- and one of many bookkeepers blamed that it was untrue – he had bad hay- ent of a R385,000 “referral fee” out of by Ronald for his serial creative ac- fever that day. Beamish was not quite Juanne de la Guerre’s trust monies. counting. gobsmacked… According to forensic accountant Vin- C. Criminals: Darren Bobroff’s H. Hawks: RBP staff were required cent Faris: “The effect of the payment whinge to all and sundry is: “The by Ronald to impersonate members of to Berman, and the fee raised, meant media portray the Bobroffs as the Hawks in an effort to fabricate a that there were insufficient funds criminals”. touting complaint against NBP before available for De la Guerre to be paid D. Double Briefing: The Bobroffs’ the law society. After a hearing, the in full.” Law Society dismissed the complaint counsel of choice, Ian Zidel, paid M. Mystifying narration – Ronald’s against NBP. R150,000 into the personal bank explanation regarding the theft of account of Darren Bobroff. Zidel told I. Ronald Bobroff boasts of his mem- R758,000 from client Matthew Gra- Noseweek that it was merely a “refund bership of the Israeli Bar. They have ham into the RBP Directors’ Bidvest to Ronald Bobroff”. The Bobroffs blame never heard of him. It is a criminal of- Bank account: “An otherwise some- their bookkeepers for Ian Zidel’s error. fence to pretend to be a member of the what mystifying narration.” Israeli Bar. His next visit to Tel Aviv E. Elaine Bobroff: Ronald’s loyal and N. Noseweek: Ronald to Law Society: could be an interesting one. long-suffering wife who, in an October “…That gutter publication, the article 2012 phone call to Bernadine van Wyk, J. Juanne de la Guerre: is filled with lies, half-truths and mali- in reference to Ronald and Darren’s notwithstanding her severe injuries, cious speculation. It is beneath my dig- thefts said: “I know lots of people who this feisty former model had the nity or that of any respectable attorney have done what they have done and resolve to tackle the Bobroffs to endeavour to respond to this gutter have gotten away with it.” head-on, all the way to the journalism.” He does however credit F. F Pombo was a road accident cli- Constitutional Court – and beat us with a sense of humour. Noseweek ent of RBP. Brave bookkeeper Christy them hands down – when the readers are invited to decide for them- de Beer told of how Darren forged court declared the Bobroffs’ fees selves what constitutes “a respectable

16 Willem Heath’s Special Investigating Unit. Ronald Bobroff is President. T. Tony Berlowitz – Vice-President of Saapil and once-sequestrated bagman for Ronald. (nose61) U. Uncrossed cheques – Bookkeeper Christy de Beer revealed how cheques made out to clients mysteriously ended up in Darren Bobroff’s personal bank account. V. Van der Merwe, André: the tame chartered accountant who has suc- attorney”. When one has no answer, cessfully turned a blind eye to the it is best to play possum. (See P. below.) overwhelming number of financial O. Overreaching – Bobroff’s massive and accounting irregularities in RBP’s “common law” contingency fee, de- trust and business account – and con- clared unconstitutional and unlawful, tinues to do so. Van Wyk told of how is just another form of that old legal R40 million went from the Zunelle ac- practice called Overreaching, and is count (see Z below) to Van der Merwe’s calculated on the attorney-and-fuck- account for “on-go” to an exotic foreign the-client scale. destination. Our tracker says the P. Playing Possum: the Bobroffs funds passed Zimbali low level en have never explained their unlawful route to the East. conduct under oath. Not before the W. Warrant of Execution – served Law Society Disciplinary Committee, by De la Guerre on RBP for some not in the De la Guerre matter and not of the money owed to her. Ronald’s before the North Gauteng High Court hayfever suddenly got the better of (NGHC), which is about to deliver him and set him spitting again (See G judgment on whether they should be above.) suspended from practice. Advocate David Unterhalter SC described it X. Ex-bookkeepers – According to as “playing possum” – playing dead. Ronald, they are the source of all of Criminal defence Advocate Mike Hel- RBP’s accounting woes. The firm’s lens SC, argued for the Bobroffs that revolving-door employment policy has “playing possum was a quite accept- so far managed to keep Sars and the able” game to play for attorneys who Law Society at bay. Ronald: “At the are facing fraud and theft charges. time when the payment(s) were made Q. Quo vadis: Are the Bobroffs des- we were going through a succession of tined for Australia or Israel? Australia wholly unsatisfactory bookkeepers.” has no extradition treaty with South We know, we’ve spoken to several of Africa. However, these days Sars and them. the Australian Taxation Office work Y. Yiddish word for “son” is “zun”. hand-in-glove. Pretending to be a Zunelle means “my little son”. member of the Israeli Bar is known to Noseweek will shortly be sending a be frowned upon by the good folk in Tel Aviv. Yiddish dictionary to auditor Van der Merwe, Sars and the South African R. Richard Treisman: previously Reserve Bank. Netcare’s in-house legal adviser who, without Netcare’s knowledge, passed Z. “Zunelle” is the title of the RBP’s on Netcare’s Casualty registers to trust investment account where Ron- RBP. His generosity was not without ald has hidden, for Darren’s benefit, reward. the trust monies siphoned off hapless clients. S. Saapil – formed in March 1999 to fightNoseweek’s road accident Anton l Subscribers to Noseweek’s online Pillar application against Hoosain edition can read the documents that Mohamed, thieves-at-law, and Judge we have linked to our A – Z. n

Noseweek May 2014 17 BUBBLE TROUBLE A South African economic meltdown is imminent, warns the analyst who forecast the last global financial crisis. By Donwald Pressly

ubble, bubble, toil and trouble l the economy will contract. lies ahead for the South African In addition to property, the rand and economy, at least in the opinion stock and bond prices will fall – the of seasoned Forbes columnist rand more than the rest – resulting in Jesse Colombo, who has set out higher interest rates. The basic materi- clearlyB what South Africans can expect als sector will experience pain as eco- when – and not if – its economic bubble nomically sensitive commodities fall more vulner- bursts. in price. “Mine closures are likely,” he able to eco- Colombo believes the collapse will be predicts encouragingly. nomic shocks triggered by a property market implo- Colombo, who describes himself on than the United sion that will happen this year. Then, his Facebook site as “analyst who is States was then, be- he says, South Africans can expect warning of dangerous economic bub- cause its financial sec- various other nasty things to happen. bles” and who is recognised by Lon- tor is a far bigger slice of the His alarming analysis of the poor state don’s The Times for predicting the last economy – about 21% of GDP – of the economy was republished in financial crisis which started in 2008. while the US was only about 10% at Moneyweb at the end of March. He argues that although South Af- its height. The nasty things to expect after a rica has played a key symbolic role in Property analysts and economists property market implosion: the emerging markets boom that has have largely pooh-poohed Colombo’s l the huge credit expansion experi- transformed the global economy in the alarmist sentiments, with the excep- enced will turn into a bust; past decade, it is unfortunately experi- tion of Meganomics chief economist l over-borrowed consumers will de- encing an economic bubble that shares Colen Garrow who notes that the US fault on their debts; “many similarities to the bubbles that economist Nouriel Roubini had been l banks will experience losses in caused the downfall of Western econo- laughed out of court when he predicted their credit portfolios; mies in 2008”. The only difference is the 2008 crash but had subsequently l unemployment will rise; that South Africa, in his view, is much being hailed as a visionary. Garrow

18 Colombo says low interest-rate envi- ronments are known for inflating credit and asset bubbles. While South Africa’s GDP grew by 38% in the past 10 years, private sector loans had “surged” by 225%. (Tradingeconomics.com reports that loans to the private sector, both businesses and households, rose to an all-time high of R2.6 trillion in January 2014, up from R2.5 trillion the previous month and up from about R800bn in January 2004.) It is conventional wisdom that a country is in troubled territory when its external debt reaches 60% of GDP. At last reading, South Africa’s external debt stood at US$138bn or 38.2% of the country’s GDP – the highest level since the mid-1980s “due in large part to the emerging markets bond bubble that boosted foreign demand for the country’s bonds,” he warns. This fig- ure has risen from around 25% in the last decade. Another warning bell is that South Africa’s citizens carried “an alarming” R1.44 trillion worth of personal debt – some 36.4% of GDP. Unsecured loans, which Colombo de- scribes as South Africa’s own version of the sub-prime home loans which drove the economic fallout in the Unit- US economist ed States in 2008, have been growing exponentially. It is the fastest-growing segment of South Africa’s credit mar- Nouriel Roubini ket. The unsecured credit bubble is es- timated to have boosted South Africa’s GDP by R220bn from 2009 to mid- 2013. The financial institutions liked was laughed out to hand out these riskier loans because they could charge up to 31% interest, much more profitable than mortgage of court when and car loans in a low-interest environ- ment. Credit bureau Compuscan reports he predicted the that there are two main indicators to determine the financial strength of con- sumers: the household sector’s debt-to- disposable-income ratio and the house- 2008 crash but hold sector’s savings ratio. It provides some evidence that Colombo could be on the right track in his predictions. has subsequently “The current position of both of these is not very promising,” it reports. The notes that it is really difficult to predict first stood at 76% of disposable income, an economic shock, so he does not en- been hailed as a although it was “not as worrying as the tirely rule Colombo out. But even then, 83.4%” in quarter one of 2008, but it is Garrow says that an economic bubble “significantly higher” than the 50% of bursting – particularly the property- visionary 2003. market bubble driving the process – is The National Credit Regulator’s unlikely. consumer credit market report states

Noseweek May 2014 19 that as of September last year, the total rally around the heightened expecta- paid off”. A further 1.2m are “not yet outstanding consumer credit balance tions, buyers outnumber sellers, push- paid off”. Another 2.1m are occupied was R1.49 trillion, slightly higher than ing prices beyond what an objective rent-free. the Colombo figure. In addition, the to- analysis of intrinsic value would sug- Colombo says South Africa’s house- tal of impaired-record consumers rose gest”. In short, this is a buying frenzy price surge in the last decade was fi- by 71,000 to 9.76 million from 9.69m, that drives prices to levels beyond the nanced by a mortgage-lending boom Compuscan reports – some 48% of rational, beyond common sense. that was growing at a 30% annual rate credit-active consumers “are struggling While Colombo has a point about the at its peak in 2006, which caused house- to meet their obligations”. pretty rampant JSE, a bubble doesn’t hold mortgage debt as a percentage of Garrow agrees that there are key appear to be on the brink of bursting or disposal income to rise from 27% to just concerns about the health of the South even being formed in the property mar- under 50% from 2003 to 2010. This boom African economy, including critically ket, Loos argues. “While the domestic has been fuelled by the ultra-low interest low savings levels. Compuscan puts housing market has indeed been experi- rates “which makes it vulnerable to ris- the household savings level at a mea- encing a relatively solid period in recent ing interest rates”. He believes stagnant sly 1.7% of GDP. Garrow says the rate times... there don’t appear to be the signs economic growth and heavily indebted of savings is too low to withstand any of widespread ‘frenzied’ behaviour that consumers are a significant headwind sudden shocks. In addition, the state’s we observe with the help of improved for the housing market. contingency reserve account – which data from the boom years of the last Coinciding with a further weaken- had built up a healthy balance under decade.” Average house-price growth at ing of the rand, rising bonds yields

Average house-price growth at 7.8% year-on-year to October is nothing like “frenzied”, says an FNB property economist

former Finance Minister Trevor Ma- 7.8% year-on-year to October was a case elsewhere as the US Federal Reserve nuel – was now being depleted. Some of creeping up gradually, said Loos. It is completes its tapering [see note be- R8.5bn had already been drawn down nothing like “frenzied”... low], could lead to ever-more rate hikes to pay public servants’ salaries. He noted that an indicator of “a world “which could eventually pop the coun- However, one hopeful sign that gone mad”, was relatively high levels try’s credit and asset bubbles”. This South Africa is likely not to be headed of buy-to-let or holiday-home buying. time he uses the word “could” rather to an economic bubble burst is that the South Africa’s figures are pretty con- than “will”. The stock market boom, unsecured lending boom has started servative, once again, nothing like any- which began when interest rates were to taper off. Colombo himself acknowl- thing resembling madness. cut and the property market took off, edges that the rate of mortgage loan The FNB Estate Agents’ Survey had seen R1.2 trillion in net capital in- growth has slowed to under 5% “albeit points to a relatively low level of buy- flows since 2003. It was now vulnera- growing on a much higher base”. to-let – 7% of total buying as opposed ble, however, to the “eventual ending” of Garrow points out that unsecured to 25% back in 2004. Holiday buying the global commodities supercycle that lending – which has no collateral such is just 2% of the market as opposed to was driven by China’s economic bub- as building – is only about 10% of total five percent in 2007. This means that ble. BHP Billiton and Anglo American household debt. [Which is an example primary residential demand is as high made up about one quarter of the JSE, of how statistics can mislead: the per- as 90% of total buying. making it especially vulnerable. centage is much higher for the low-in- Mike Schussler, Economists.co.za While Garrow jokes that “a crisis come, protesting masses. – Ed.] chief economist, points out that about wouldn’t be a crisis if it arrived expect- John Loos, FNB property economist, half of all houses in South Africa are edly”, he wouldn’t put money on it that questions whether there is any bub- owned and not rented. He points out Colombo was wrong. ble in South Africa which could burst. that about 80% of these are paid off. Schussler says South Africa suffers He writes that Investopedia defines a This speaks to a pretty stable hous- only from one type of bubble, “the bub- speculative bubble as “usually caused ing market which is not likely to crash ble in the mind”. by exaggerated expectations of future heavily. Schussler points to the Sta- l Tapering refers to reducing the US growth, price appreciation, or other tistics South Africa figures. Their lat- Federal Reserve’s bond-buying prog- events that could cause an increase est household survey shows there are ramme, known as quantitative easing, in asset values... This drives trading 14.6 million housing units in South Af- which is being scaled down as the US volumes higher, and as more investors rica. Some 7.9m are “owned and fully economy improves. n

20 Aripo governs copyright and patent issues in 14 of Africa’s least developed countries*, most of them in sub-Sa- haran Africa. Recently, it submitted a “Draft Protocol for the Protection of Plant Species” to Upov. If the in- ternational body is satisfied that the document conforms to the provisions of its 1991 convention, as is widely ex- pected, it will welcome Aripo and its 14 sacrificial nations to the club. Save Our Seeds Opponents, including the Alliance for Food Security in Africa (Afsa), a network of organisations represent- convention agreed by a shadowy ing small farmers, pastoralists and inter-governmental group to By Sipho Mwanza hunter-gatherers across the continent, protect commercial plant breed- have warned that Upov 1991 will have ers and seed merchants may devastating consequences for small be foisted on Africa’s farmers, as 80% of the food consumed on the farmers, most of whom are women. Athreatening their age-old practice of continent) that none of Upov’s African Afsa co-ordinator, Dr Million Belay, saving and exchanging seed. members ratified the 1991 agreement. said “Aripo appears to be intent on The International Union for the South Africa’s own Plant Breeders’ handing over our food and seed sover- Protection of New Varieties of Plants Rights Act is based on this convention, eignty to foreign corporations, reduc- (Upov, after its French title) has been but specifically excludes farmers from ing the availability of local plant vari- around since 1961, comprising mainly the provisions against seed saving. eties, weakening our rich biodiversity, rich countries working to protect the Big Agri, already annoyed at Africa’s and denying millions of farmers the patent interests of global industrial- lack of enthusiasm for GM crops, is right to breed, share and sell farm- ised agriculture. frustrated. But their friends at Upov saved seed needed to feed their fami- Even today, with a membership ex- are planning to draw Africa’s most vul- lies and sustain livelihoods.” panded to 71, only four African coun- nerable countries into the net through * Botswana, Gambia, Ghana, Ken- tries have signed up: South Africa less direct means, namely, through the ya, Lesotho, Malawi, Mozambique, (one of the founding nations), Kenya, offices of another low-profile, supra- Namibia, Rwanda, Sierra Leone, Morocco and Tunisia. But that may be national entity, the African Regional Somalia, Sudan, Swaziland, Tanza- about to change. The big boys are leav- Intellectual Property Organization nia, Uganda, Zambia and Zimbabwe. ing nothing to chance. (Aripo). South Africa is an observer. n Upov seems to have been relatively uncontroversial – or maybe just invis- ible – until 1991 when it agreed in a secret meeting in Geneva to allow plant breeders unprecedented rights over the propagation of new varie- ties, not just those created by genetic manipulation, but those bred through conventional methods of selection and hybridisation. Under the 1991 agreement, farm- ers are obliged to pay royalties to the breeders of new seed varieties if they intend saving seeds for cultivation or selling or exchanging them with other farmers. Farmers were not consulted in the drafting of this convention, their at- tempts to contribute were ignored and their requests for observer status rebuffed. (A warmer welcome was ap- parently accorded to the likes of Bay- er, Monsanto, Dow and Syngenta.) It is some indication of the value of small farming to the African economy (widely estimated to produce as much

Noseweek May 2014 21 I SHALL RETURN Suspended police Major-General Johan Booysen is saddling up to fight for his job. By Sue Segar

he day they announced that “The only other time I had this the Cato Manor unit was many calls was four years ago when closing, there was a huge I was promoted to general. That celebration at Westville was the pinnacle of my career.” Prison. “The people in Cor- A shy man, who blushes easily, Trectional Services told me so,” says Booysen is at pains not to sound the suspended KwaZulu-Natal “corny or clichéd”. But he does con- Hawks boss, Major General Johan cede that he feels vindicated, when Booysen. we meet in late March at the Fran- “A lot of those guys in Westville schhoek home of a cyclist friend – Prison were put inside by the Cato he says he’s been doing some seri- Manor guys. It was not a popular ous cycling in the months since his unit among criminals. They had a suspension from the Saps. huge respect for Cato Manor. “What happened to us is diaboli- “I firmly believe Cato Manor cal,” he says of the unit’s closure could still be making a huge differ- two years ago and his subsequent ence to the crime situation in KZN. suspension. They are one of the best units of all Recently he has been working time. Ask the public, ask the busi- intensively with his Durban attor- ness sector.” ney, Carl van der Merwe, and Cape Booysen, who was provincial Town advocate Anton Katz, on a commander in charge of all violent high court challenge to his suspen- crimes units in KZN – one of which sion and planned action against is the now-disbanded serious and the Sunday Times. violent crimes unit based at Cato In between dealing with le- Manor – is emerging from a lengthy gal matters he’s been “sitting at and traumatic struggle to clear his home”, keeping himself busy “fixing name and those of his colleagues things”. And cycling. He has done following the Sunday Times “death about six races including the Argus squad” exposé and the subsequent since his suspension. closure of the unit. But his wish is to be back at work. But now his phone is ringing “I’ve had to sit by idly, seeing what constantly as well-wishers – col- is happening on the crime front in leagues, ordinary citizens, security KZN, with my hands tied. It really companies, people from Business irks me. Against Crime and from his church “The crimes that the Cato Manor – respond to news that the National guys were responsible for investi- Prosecuting Authority has aban- gating were under control at the doned its plans to appeal the high time of the unit’s closure. The same court’s decision that set aside all Booysen... Wheeling and waiting can’t be said now. For instance the charges against him. there have been a number of pre-

22 election attacks on political leaders – you only have to read the papers – people have been killed, there have been cash- in-transit heists… We also had a number of ATM explosions in quick succession last month. “I know that my guys have the intel- ligence networks and the skills to deal with them, as they have in the past. Those are the sort of cases we would have wrapped up in a week and I know the latest cases have not been solved.” Far from being ashamed of his unit’s work, he speaks proudly of the unit’s skills. “One thing the Cato Manor guys had in abundance was human intelli- gence: information sourced from inform- ers, people on the ground. You cannot be a good detective if you don’t have good informers. In an investigation you have tactical intelligence and human intelli- gence. That’s where the Americans fell short with 9/11; they had technical intel- ligence but no human intelligence.” Booysen’s interest in competitive pis- tol-shooting has earned him the distinc- tion of being the first general to win a medal in the Saps championships. He says he loves having a braai and watching rugby with friends and spend- ing time with his grown children, who all live in Pretoria. Booysen has remained loyal to the po- lice. “We even tipped them off about a re- cent robbery. I love my work and I still meet the Cato Manor guys once every two weeks. Most can’t wait to get back to work, although one or two are fed up with what has happened.” Booysen is adamant he will clear his name and get his job back; the members of his Cato Manor unit too. There were 30 members, two have died and one has retired. “I will be vindicated and they will be as well.” “I have not been fired, I was suspend- ed, and obviously I look forward to going back and continuing where we left off. That is what I am planning to do. I want to serve out my career. There is nothing I enjoy more than being a policeman – and I will die a policeman.” Asked about his philosophy on polic- ing, Booysen says: “If you study police science they tell you in the first year of your studies that a policeman is from the community for the community. My whole life I’ve liked to help people. I re- gard myself as an ordinary citizen but policing is a calling and passion.” n Major-General Johan Booysen

Noseweek May 2014 23 Who is Johan Booysen?

ohan Booysen was born in would be hitting the ground screaming. squad operating under Booysen’s com- Johannesburg and went to prima- “Sometimes he would run with us… mand – say I joined the police in the ry school in Vanderbijlpark where in relays, you would be standing there ‘Soweto riots era’… But I was in Dur- his father worked as a fitter and trying to concentrate and he would be ban. I had nothing to do with the Sowe- turner. When he was 11, his father shouting ‘hier kom hy nou’. to riots. Why did they have to bring Jwas retrenched and the family moved “I always tried to ignore him, but he that into it?” to Amanzimtoti on KwaZulu-Natal’s would grab me. I never got national col- Booysen’s first posting was in his South Coast., where he has lived ever ours but I was well-known as a short- home town of Amanzimtoti. “Seven since. distance athlete.” years as a patrol officer and the de- Booysen was one of a close family of At Kuswag High School in Aman- tective branch, were followed by two eight siblings – five brothers and three zimtoti, Booysen was “a naughty little years in Crime Intelligence in Durban sisters. bugger, just scraping through” but one – which I didn’t like at all. It was too “My dad was an artisan. My mother teacher, a Mr Van Wyk, “used to tell me slow … too much ‘wait and see’.” So he did not work during my childhood, but I was not working hard enough and applied for and was sent back to the later, when we were out of the house, had so much potential”. general detective unit, was promoted to she was a clerk at the Amanzimtoti Po- He left school in Standard 9 and lieutenant-colonel and became branch lice Station until she died. She was 60 found a job as a clerk on the railways. commander of the Brighton Beach when she did her matric. “I hated it, and after six months I real- police detective branch, where he did “We grew up extremely poor. At one ised I should have listened to Mr Van general investigations for three years. stage we were living in my grand- Wyk. I decided to go back to school. To Although the late 1970s and 1980s mother’s garage, for us it was normal: a start with a clean slate I went to Port were times of chaos and conflict in curtain divided it into separate rooms. Natal Hoërskool, where I got a good KZN, Booysen says he was fortunate Then, when we moved to Natal, we matric, but no distinctions.” not to have got involved in “those sorts stayed in a caravan with a tent for a Booysen says he had always wanted of investigations”. year. There seven kids then! To this day to be a soldier or a policeman. “I was an “If I had, I might not have been I refuse to sleep in a caravan. If I go on avid reader, particularly books about where I am today. I was more involved holiday or on a hunting trip with my friends, they all know I want proper ablution facilities and a bed to sleep on. “But one thing I can say about my His childhood heroes were Morné du dad is that we never went to bed hun- gry. He always looked after his kids. We Plessis and Chris Barnard. Today he always had school clothes, a roof over our heads and food on the table. “We are all very religious. My parents loves and admires Desmond Tutu were real church people. That is what has kept the family together. We grew the Second World War and the French in general crime, the occasional homi- up as a singing family and attended Foreign Legion. I sat glued to the tel- cide, the odd burglary or vehicle theft, church every Sunday. I started singing evision every Tuesday to watch The a fraud case… Being a little coastal in the church choir at the Old Apostolic World at War.” town, there were just the usual misde- Church in Amanzimtoti when I was Two of his childhood heroes were meanours. 13 and have been singing there ever rugby legend Morné du Plessis and “I lived in the area, so I knew all the since. I conducted the choir for about heart surgeon Chris Barnard. Today he youngsters. Many of them smoked pot, 12 years, but gave it up six months ago. loves and admires Archbishop Emeri- so we used to play a kind of cat-and- I also sang in the Durban Men’s Choir tus Desmond Tutu “in spite of where mouse game. They would be hiding the for five years. These days, in church on he comes from and I come from … be- pot, there would be fisticuffs, we would a Sunday, I am the longest-standing cause, if something is wrong, he doesn’t arrest them and we’d go to court... member of the congregation.” get caught up in maelstroms … if it is “Today, I can walk into any club Booysen says his father did not have wrong it is wrong and if it is right, it is and those same beach bums and dope high expectations of his kids. “He used right”. smokers still greet me and chat – even to say to me, ‘son, just make your mat- Booysen joined the police and was though I have arrested 90 percent of ric’. Except when it came to sport, he sent to police college in Pretoria in them at some stage or another for pot! would really embarrass us. I was an 1977. (He laughs, a little bitterly: “That Some even write letters to the media in athlete, a sprinter. My dad would stand is where Mr (Mzilikazi) wa Afrika and support of me.” at the start – and when the gun went Mr (Stephan) Hofstatter – the Sunday In the early 1990s, Booysen joined off, he would cut across to the finishing Times journalists, who first claimed the Durban Murder and Robbery post – and by the time you got there he they had uncovered evidence of a hit Squad and his career took off.

24 “From then on I was exposed to most gating one of the biggest armed robber- terrorism and organised crime as his of the high-profile cases in KZN. The ies in the history of South Africa, when fields of speciality. He has completed Durban Murder and Robbery Squad a private company transporting cash a presidential strategic management was responsible for all the high-profile for Standard, Barclays and Volkskas course, at honours level through the murders and bank robberies – and we banks was robbed of R31m in a heist. University of the North, and courses got a lot of media exposure. “Within two weeks, we recovered in counter-terrorism and crime-scene “It was also the time that ‘the new R5.4m from the roof of a house in Sea forensics presented by the Louisiana South Africa’ dawned on us. In terms Cow Lake… We arrested two suspects, Police Academy at Baton Rouge, LA, for of the new dispensation policemen who were later acquitted on a techni- members of the FBI. He has also done were required to apply for promotions. cality. It took us more than three years a work-study course with the US Coast In 1995, he applied for and got the job to finalise that investigation and, in Guard in Miami, completed a narcotics of head of Serious and Violent Crime. the end, about 16 people went to jail, course with the German police, and at- In 2001, he was promoted to Director a large number of them police officers.” tended an international counter-terror- of the Serious and Violent Crimes unit, In the course of his career, Booysen ism seminar in Kenya. Four years ago, equivalent in rank to a brigadier. He graduated with a BTech in Policing he attended a month-long forensics found himself involved in virtually eve- from the Pretoria Technikon. He chose course in China. n ry major investigation in KZN, including “endless cases” of po- Picture: Paul Kirk litical violence. “I loved my uniform and the work. It was like being a full- time golfer: you work, but really enjoy what you do.” The very first investigation his team was involved in was the horrific massacre in which 19 ANC members were killed and hundreds injured by about 600 IFP members in the hilly, strife- torn area of Shobashobane out- side Port Shepstone, on Christ- mas day, 1995. The second was to probe an attack on the Zulu royal palace in KwaMashu township in 1996. Men armed with spears, machet- es and knobkerries, had stormed the homestead of King Goodwill Zwelithini and bludgeoned nine members of his family. Both the Shobashobane attack and the palace massacre took Maj Gen Johan Booysen at a recent meeting with suspended Cato Manor policemen place in the context of more than a decade of factional violence in KZN. Booysen’s response to allegations made at the time of police and “third- force” involvement in these cases, is that the subsequent court processes re- he Cato Manor unit has been in tional” in Cato Manor, bar assisting vealed that they had been motivated by existence since 1995, albeit un- with a few high-profile or internation- “pure criminality”. der different names. It was one al cases that required his particular “We have had a lot of successes over of several units in KwaZulu- expertise. the years. I did not do the investiga- Natal that reported to Major “The Sunday Times tried to create tions myself: the teams under my com- GeneralT Johan Booysen at provincial the impression I was the commander. mand had numerous successes. police headquarters, and had several But, as deputy provincial commission- “Another high-profile matter the different commanders in that time. “I er and KZN head of the Hawks, I sat Cato Manor unit was involved in was have never been the direct command- in the provincial commissioner’s office the attack and rape, near Nkandla, on er nor have I worked at Cato Manor. in Durban. I haven’t been operational one of Jacob Zuma’s wives in the late This was a false perception created by since 1995.” 1990s. the Sunday Times,” says Booysen. The Cato Manor unit was extremely The unit was also involved in investi- He says at no time was he “opera- successful at its primary function –

Noseweek May 2014 25 organised violent crimes investiga- a command centre and spent the whole was taught, if a detective is allocated a tions – and had won accolades and day on the scene… When we arrested docket of murder, he has to attend the awards from national and provincial one of the suspects, he admitted what post-mortem himself. Even today, if I commissioners as well as the MEC they were up to. I asked him, ‘Do you have to attend a child’s post-mortem, for safety and security. Their rate of still have any explosives?’. He said, ‘Let it affects me.” solving crimes was unparalleled, says me show you.’ How has the Cato Manor unit man- Booysen, listing cash-in-transit heists “On his bakkie was a big container aged to be so successful? Booysen says – “usually gang- or syndicate-related” with the fertilizer they used to make KZN stats show they were the leading – ATM bombings, political attacks, and the bombs. I screamed to my men, province in terms of solving cases. the occasional casino robbery. ‘Let’s get out of here!’ and we phoned “We had a unit that was dedicated Specific cases the unit dealt with in- for the explosives experts. I am not the to what it was doing. Apart from hav- cluded the simultaneous arrest of 26 bravest when it comes to explosives!” ing great informer networks, it was all gang members for a massive armed In another big case, Booysen was about attitude and passion.” robbery at the Umvoti Toll Plaza in asked to lead an investigation with So why was the unit suspended? 2006. Twenty-four of the men – al- members of Interpol after the Greek oil “Let’s just say, I believe I have become legedly also responsible for a spate of tanker Irene was taken by pirates off the collateral damage in conflicts be- other armed robberies – were found Somalia. “The pirates kept the crew in tween other people.” guilty last year and transported under custody for nearly three months before The lowest point in Booysen’s ca- heavy police guard to – yes – Westville securing the ransom of about $16 mil- reer was when senior members of the Prison. “The fact that we arrested 26 lion and when the ship was released it Hawks in North West, together with a suspects at the same time was ground- came down the east coast of Africa. In- local task force whose help they had- breaking. I don’t think that many have terpol assembled a team, and we were commandeered, marched into his office been convicted for one robbery in his- approached to help. – “dressed in camo, lending drama to tory.” “That was probably one of the big- the scene” – to handcuff and arrest him Then there was the 2010 Sibaya ca- gest crime scenes the guys from Cato in August 2012. The lowest point in Booysen’s career was when members of the Hawks marched into his office to handcuff and arrest him sino robbery by a gang, notorious for Manor ever attended: the ship was He emphasises the personal horror: using sledgehammers to smash steel 300m long and 62m wide. Most of the “I am a career policeman, a general in bars, thick glass and safes in the cash investigation was confined to the liv- the police! This happened four or five halls of casinos and in banks. ing quarters and offices on the vessel… years before my retirement. “At Sibaya, they shot into the casino One of the pirates had dropped a little “I was taken, in handcuffs, out of my with AK47s. The patrons had to hit medical card from a clinic in Somalia. I office and down the lift, in front of all the floor to avoid the bullets. The same took a photo and gave it to an Interpol my staff… There was a whole entou- thing had been happening at casinos guy… The Interpol team had a photo rage of media outside, with the Sunday in Gauteng. The Cato Manor men ar- album of known pirates and we identi- Times at the front. Then they searched rested them in Johannesburg after it fied one of the guys in the album. The my house. Two of my Indian staff mem- turned out they had been robbing casi- suspects are in Somalia, yet to be ar- bers insisted on accompanying me. nos in Gauteng as well.” rested. “While my home was being searched Booysen noted that a robbery at Jo- “What was nice is that months later, I I heard a commotion outside – and hannesburg’s Carnival City Casino received a certificate of commendation there were Sunday Times people in last year was “almost identical to the from Interpol for the way we worked.” my yard. I chased them out and after- raid on Sibaya Casino and was hatched One of the “really sad scenes” he was wards, my domestic worker, who has by the same guys while they were in a asked to help solve was the explosion worked for me for 23 years, told me prison cell in Westville Prison.” at a Chatsworth nightclub in 2003, in they were quizzing her about whether Booysen was asked to intervene per- which 13 youngsters were trampled I was a racist. sonally in a few other notable cases and killed when a gas canister was “But what was really heartwarming including the bombing of the Umtam- thrown into the club. was the support I had from the general vuna Bridge between KZN and the “The provincial commissioner insist- public. Eastern Cape in November 2002. He ed I do that case myself as the case re- “I mean, one minute I was doing subsequently testified in a “” lated to a lot of things we’d just learnt talks for Business Against Crime trial in this regard. on a major investigation course. and the next, I was on the front page “In the Umtamvuna case, we re- “Over the years you get de-sensitised of a newspaper for allegedly being ceived a call at 5am that people were but if there is one thing I don’t like to manager of a murderous criminal trying to blow up the bridge. We set up see, it is children lying dead. The way I enterprise.” n

26 Andrea Durbach

Noseweek May 2014 27 Neighbourhood news

Joice Mujuru Emmerson Mnangagwa Dogfight. Zanu high-fliers battle for control of Air Zimbabwe

actions supporting the two main The Embraer (a contraction of Em- contenders to succeed President presa Brasileira de Aeronautica) is Robert Mugabe – Joice Mujuru owned by the Zanu-PF Chairman for and Emmerson Mnangagwa Mashonaland East, Ray Kaukonde, – are fighting for control of the and his business associates in a fast- Fstate airline, compounding its prob- food chain listed on the Zimbabwe lems of poor service and corporate Stock Exchange. Although Kaukonde debts. New Transport Minister Obert has confirmed owning the plane, Air Mpofu (formerly minister of mines), a Zimbabwe was hiring it from a third close ally of Mnangagwa, has been in- party, South African company Solenta Zimbabwe vestigating several of the airline’s leas- Aviation Ltd, with payment remitted ing contracts that he deems ruinously offshore. Solenta has bases in six other over-priced. African countries and flies to many Air Zimbabwe has been paying at more. Kaukonde belongs to the Zanu- least US$600,000 monthly for the lease PF faction led by Vice-President Joice of the 50-seater Embraer ERJ 145 LR Mujuru, which pits him against Mpofu The report on these two pages jet and two Airbus A320s, both current- and Mnangagwa. is reproduced from UK-based ly grounded. Mpofu failed to deal with the Air- Africa Confidential (www.africa- Last month, Mpofu terminated the bus leases. The craft were hired from confidential.com), the authoritative lease of the Embraer aircraft but re- the Chinese-Angolan venture China fortnightly bulletin on Africa. mains stuck with a more costly Airbus Sonangol under a five-year contract deal involving Zim’s Central Intelli- starting in January 2012. One of the gence Organisation (CIO). two A320s went into service in May fees in South Africa, where they await The termination of the Embraer last year on the Harare-Johannesburg an extensive maintenance inspection lease, for which Air Zimbabwe paid route but has been grounded since Oc- known as a C-check. $204,000-a-month plus a variable tober. The other has never flown yet Former Transport Minister Nicholas hourly rate, came straight after a brief- Air Zimbabwe Holdings’ CEO Innocent Goche (seen as supportive of Mujuru) ing in March at which Mpofu told jour- Mavhunga told parliament in Febru- and Central Intelligence Organiza- nalists about “serious problems with ary last year that Air Zimbabwe was tion (CIO) Director General Happyton arrangements on the leasing contracts, paying $410,000 a month to lease the Bonyongwe (who has remained public- serious problems with the pay struc- two planes even before they had start- ly neutral in the clash between Mujuru ture and issues to do with tenders”. ed flying. Both are accruing parking and Mnangagwa) were responsible for

28 the original deal. Air Zimbabwe’s then benefiting from this despite the cost to around $150m in 2012 to $188m by the Chairman, Jonathan Kadzura, claimed the airline.” time Mavhunga and Transport Minis- the pair had sidelined him. Returning the A320s to service will try officials went before parliament in The details of this deal remain be expensive, the engineer explained. February last year. opaque. In October 2011 the govern- “Once SAAT (South African Airways In addition to debt, AirZim faces ment announced that China Sonangol Technical) starts a C-check, they want leadership turmoil. Mpofu sacked its had allocated an undisclosed portion all problems fixed regardless of ex- board, led by former Cricket Zimbabwe of funds from an $8 billion investment pense.” An Air Zimbabwe manager ex- CEO Ozias Bvute, after the airline’s deal in 2009 to buy two Airbus long- plained that the grounded Airbus had management was caught up in an in- haul planes for Air Zimbabwe. The been cannibalised to support the one surance scam that implicated Goche. Ministry of Transport, Communica- that had been flying. C-checks would The AirZim Managing Director, tions and Infrastructural Development require at least $4m, he said, pointing Grace Nyaradzai Pfumbidzai, and Ma- said it had agreed to pay China Sonan- out that Airbus parts were more expen- vhunga were suspended and arrested, gol, which was to advance the funds to sive that those for Boeing planes. together with former CEO Peter Chu- a French aviation consulting firm, Reli- Air Zimbabwe can’t afford this level kumba. They are currently out on bail. ance Aerospace Solutions, and eventu- ally to Airbus. “The new minister, Mpofu, has asked for details, including contracts, but Failed attempts to train air force staff management does not have any of these because they were kept by Goche and the CIO. We only signed commit- to service the Airbuses has ments with [China] Sonangol for the payments and servicing of the planes and the payments have always been drained about $1m from the airline handled by certain members of the board,” one of Air Zimbabwe’s manag- ers told Africa Confidential. of expenditure. The government did not Mpofu declined to comment when At least two senior Air Zimbabwe make any allocation to it in the 2014 contacted, referring questions to Air managers have claimed that China budget and there have been sugges- Zimbabwe management. An AirZim Sonangol acts as a front for Goche and tions that support for the carrier, which spokesperson said the issues raised by the CIO DG. An associate of Bonyong- President Robert Mugabe uses for his Africa Confidential were for sharehold- we, Chinese tycoon Sam Pa, owns international trips, has often come ers and not management. Goche did China International Fund, which con- from diamond mining firms. Failed at- not answer calls to his mobile phone trols China Sonangol jointly with the tempts to train air force staff to service number. Africa Confidential’s sources Angolan government. Together with the Airbuses had drained about $1m could not say who handled payment for the CIO, Pa’s company controls Sino- from the airline. Its debt rose from the leases at the national carrier. n Zimbabwe Development Ltd which has been given rights to extract oil and gas, and to mine gold, platinum and chro- mium in Zimbabwe. China International Fund was also believed to have provided $100 million for vehicles and other accessories for the CIO, which it used in the violent elections of 2008. A former Air Zimbabwe engineer now working for an international airline said: “The management was tricked because the deal benefited Zanu-PF and its functionaries. Reversing the deal would be very expensive but the interesting thing about the Airbus deal is that instead of the owners being re- sponsible for major maintenance, it is Air Zimbabwe being asked to pay for such maintenance. But the question is, how could they accept aircraft which were not airworthy in the first place? Obviously the answer is that they left everything to the politicians who are

Noseweek May 2014 29 Payback time for Bruce Winship

hen Noseweek took a swing at dodgy Durban businessman Bruce Winship’s By Gavin Foster Grid Group in March (nose173 – “Like a thief in the night”) we pointed out and the sale of some of the many properties it that the man who, according to Carte owned – raise the R12m required. No funds would WBlanche, had repeatedly withheld payment from be contributed by the Shalom Trust and payments smaller contractors to the tune of R30 million was would commence on the following Monday, 7 April, a trustee of, and spokesman for, evangelist Angus and finish one week later. Buchan’s Shalom Ministries and a key member of The committee would decide the outcome of any the Greytown farmer’s Mighty Men conference or- counter-claims. “We’ve put the word out that any- ganising team. body who has any outstanding debt, even if it was When preparing a follow-up for the April issue written-off five or six years ago, should contact us. (nose174 – “Fencing with the actual truth” and To a large extent we’ve taken it away from them “The brotherhood of evangelic fervour”) we tried (Grid) and we have to make the decisions. Let’s to contact Buchan telephonically but were told deal with it.” he was “too busy” – we should try calling again in The committee had considered getting a public a week or so. After explaining the reason for our relations company to spread the word but then de- query we eventually received a call from Buchan’s cided to communicate by word of mouth within the PA who said we should contact another trustee, construction industry. Eric Tocknell. We insisted that only Buchan would “It’s a tight-knit community where everybody do because we also wanted to ask him about his knows everybody and we want to generously pay activities in the USA. We stressed that we were back (what’s owed). We’re on a journey that has to very close to deadline but would be available at end around 15 April.” any time of the day or night until noon on Monday Ken Hawley, who was left R360,000 out of 17 March. On Friday 14 March we backed this up pocket in the 1990s, tells Noseweek that he’s been with an email saying the same thing. asked to dig out his brittle old paperwork and Come Monday, after no response, we went to lodge a claim. We’ve heard from Anton Fouche print with our update on Grid’s reluctance to share who says Grid’s accountant contacted him about its cash flows with the contractors who’d done the the R640,000 owed to his company but suggested work. We also ran an accompanying piece quoting that he owed Grid more than that for penalties on from various published interviews with Buchan incomplete work (they are negotiating), and Luis and bringing up the dodgy American preachers Morgado Rodrigues tells Noseweek that he’s been who were eyeing him hungrily. These included contacted about the R2m still owing to his com- controversial televangelist Rick Joyner and his pany. crony, Todd Bentley, who was barred from the UK Noseweek emailed questions to Winship about and Australia because of his violent physical at- the arrangement whereby the Shalom Trust would tacks on the sick and the dying who came to him effectively take control over a potentially huge for healing. outflow of cash from his business. His response? We received an email from Tocknell two days A terse email: later with fantastic news: Buchan’s Shalom Trust “You have in fact made eight incorrect state- had finally intervened by establishing a team ments in that article. We are taking advice on the made up of church members, Grid executives, way to deal with this situation and reserve our their accountant and a lawyer to investigate the rights in this regard. I would suggest you meet outstanding moneys and establish a R12m fund with Eric Tocknell. Once that has happened we to pay Winship/Grid’s valid creditors on a last- can take this further.” in:first-out basis by 15 April. Noseweek contacted Tocknell on 10 April for a “We make mention that there is full co-operation progress report. and commitment by the Winship family and the “We’re working our guts out to get the accounts Grid Construction Group to clear all outstanding proved and have paid out R3m so far and I’m hop- debt,” he said. ing to accelerate that”, he says. Tocknell and Buchan have since met Noseweek “Where people haven’t been paid firstly, because to explain how the union between an evangelical of retentions, secondly because of a dispute, or trust and a multi-billion-rand family-owned con- thirdly because the case is with lawyers, I’m try- struction company would work: the committee ing to cut out the lawyers, meet these people and would assess the debt, determine its nature and settle on something that’s acceptable to them and then pay it, they said. Grid would – through loans for us.” n

30 Angus Buchan bares his soul

ngus Buchan says he was deeply hurt by the wrist and I picked her up and she by references to him in two stories remained standing. Now I’ve got witnesses about his former righthand man, for that. That’s what happened. I didn’t say Bruce Winship, that appeared in – and I’ve never said – that I raised the recent issues of Noseweek, so we of- dead, but I didn’t say she wasn’t dead! Afered him an opportunity to respond. Here “When a person is sick, I pray for them. are his comments. A lady flew down from Nelspruit – she’s got l On televangelist Rick Joyner and MS – and I prayed the prayer of faith. I preacher-thug Todd Bentley: don’t pray ‘maybe’ or ‘hope so’. She told me, “As far as Rick Joyner is concerned; I was ‘I’m sick of this. I want somebody who’ll invited by Neville Norden from Lewende agree with me that God’s going to heal me’. Woord [Living Word] to speak at a prophet- I did, and I believe she has been healed.” ic conference in Pretoria. Joyner spoke on a l On Buchan and money: different day but I did meet him there. He “Everybody seems to know everything never sent me to America and I’ve never I’m doing; how much money I make… met Todd Bentley in my life. they know where I live, but I don’t mind “When I go to the States again next because I’m the person in front. I surren- month, I go to Nashville, Tennessee. Joyner dered my life to the Lord and he asked me is in North Carolina. The time I met him three questions. The first was, ‘Are you pre- in Pretoria is my sole connection. The fact pared to be a fool for me?’ The next ques- that he’s singing my praises – I can do tion was – and this is the one taking place nothing about that. I will meet with oth- here – ‘Are you prepared for people who say er people [in the US] but I’m not going to all manner of evil about you for my name’s name them here because you’ll put them sake?’ And I said, ‘Yes, Lord’. And then he in the magazine again. Wherever I go I asked me the third question, the one I’m preach the Gospel and some people like really struggling on: ‘Are you prepared to me, some don’t.” see less of your family for my sake?’ l On converting 5,000 Muslims “Next month I go to America, I come to Christianity by performing a back and I go to England, Wales, Scotland, miracle: Northern Ireland and the Republic of Ire- “You’ve gone back a long, long time and land. I come back and I go to Brazil. I come obviously done your research. That actual- back and I go to Israel. Then I go to Ameri- ly did happen. It was in a soccer stadium in ca again. I’m telling you, it’s hard work, it’s the north of Mozambique and there were all I do. And everything I get, I put back in 5,000 people there. I don’t say they were the ministry.” all Muslims but a lot were. I did speak to l On his books and movies: them and they did come forward and they “These books cost money to print, man. did accept Christ – all of them.” I’m not trying to rip people off. I get a per- l On the woman who he apparently centage, I don’t know… 3,4 or 5% per book. raised from the dead: You’re not making money, but it looks as if “If you read my book you’ll see that it you are. You walk into CUM Books [Chris- was on my farm that that happened. There tian book store] and there’s my picture up was a thunderstorm and lightning struck there, my books all over. I’ve got five awards her hut. They called me and told me that for book sales but honestly, it doesn’t even she was dead. I said I’d call an ambulance put bread on the table because of the com- to take her to the mortuary and they said mitments I’ve got. no, you keep telling us in the fields that “I was a successful farmer before God Jesus Christ has this power and can raise called me to preach. My sons are farming the dead – we want you to come and pray now. I’ve given them the farms, the cheque for her. book – and the debt. I’m free. “So I went there in my pickup and went “But the bottom line is, I’m not doing this into that hut and found the body lying on for money, I’m doing it because God called one side with blankets over it. I laid my me to do it. And Eric [Tocknell, a Shalom hands on the blanket and prayed. Noth- Trust trustee] is my witness – he wouldn’t Angus Buchan ing happened, and I felt the Lord tell me have anything to do with me if he thought to pray a second time and then I took her I was a charlatan!” n

Noseweek May 2014 31 Do not swallow after reading

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Spot the triclosan

n spite of growing concerns about duced plaque, gingival inflammation over-use of potent antibacterials in By Hilary Venables and gingival bleeding when compared the home, some manufacturers are with fluoride toothpastes without tri- determined to keep shoving these evidence for either the safety or effec- closan/copolymer. The reductions may chemicals down our throats. tiveness of its antibacterial dentifrice. or may not be clinically important...” IAt the New York headquarters of But of course it’s only too happy to Not exactly a ringing endorsement. Colgate-Palmolive there has been share when there is anything positive And while the authors report that no much trumpeting of the results of a re- to say. In this case, however, the findings ill-effects were recorded, the research cent study into the effectiveness of its are less convincing than the manufac- under review wasn’t looking for effects antibacterial toothpaste, Colgate Total. turer would have us believe. The study on general health. The longest of the Colgate Total contains a not-incon- is by the Cochrane Oral Health Group, studies lasted just 36 months, so long- siderable 0,3% (*1) of the antimicrobial a US company which does no primary term effects were not considered. And chemical triclosan which, along with research, but reviews existing literature. these – as doctors and microbiologists triclocarban, has come under belated It looked at 30 previous studies of vary- have been arguing for decades and scrutiny by the US Food and Drug Ad- ing quality. After six-to-seven months of even the FDA has now acknowledged ministration. (see nose173). use, Colgate Total was reported to have – could be nasty (*3). Inexplicably, the FDA ruling compel- reduced the incidence of plaque by 22% Both triclosan and triclocarban ling manufacturers to remove triclosan and gum bleeds by 48%. After six-to- (sometimes referred to by its full name, and triclocarban from their soaps un- nine months of use, gum inflammation trichlorocarbanilide) are endocrine dis- less they could prove they were safe was reported to have decreased by 22%. rupters, proven to affect thyroid and and effective, targets only soaps. Other There was no evidence of a reduction testosterone expression in frogs and products containing these toxins, in- in periodontitis and only a slight re- rodents. Triclosan has also been shown cluding toothpastes and mouthwashes, duction in caries after 24 months-and- to have a “dramatic effect” on the func- are to be left unexamined. more of use. tioning of heart and skeletal muscle Colgate-Palmolive, which was grant- In summary, the report says there was in animal studies and in in-vitro tests ed a licence to peddle triclosan-laced “moderate-quality evidence showing on isolated human muscle cells. It has toothpaste back in 1997 (*2), is there- that toothpastes containing triclosan/ proved “highly toxic” to small aquatic fore not obliged to present the latest copolymer, in addition to fluoride, re- animals and plants.

32 Taxes crippling your business?

Are you behind with Vat, PAYE or Income tax? Both chemicals are fat soluble, rap- comment on the effectiveness or safe- Is your business at risk as a result of this? idly absorbed by the skin, persist in the ty of triclosan, which is still included environment, accumulate in living tis- in Palmolive antibacterial liquid soap, Speak to Anderson Whittle Do not swallow after [email protected] in Cape Town to sue and are magnified as they move up Ajax antibacterial dishwashing liquid the food chain. and Colgate Total toothpaste. negotiate a very substantial tax write-off Some studies indicate that the rou- Unilever’s Unathi Mgobozi is quoted in your favour. tine use of antibacterials is making as saying: “Triclosan is an effective an- people more prone to infection as their tibacterial ingredient which we use in www.awsolutions.co.za natural immune response is weakened a limited number of products where it reading Anderson Whittle - Trusted, Professional Efficient. through lack of use. has a clear role in maintaining health Most worrying is that laboratory ex- and hygiene”. periments and new field studies indi- The company, which counts among cate that triclosan can fuel the devel- its brands Sunlight antibacterial dish- opment of microbes resistant not only washing liquid (triclosan) and Life- to triclosan, but to other antibacterials buoy soap (triclocarban), has recently and even antibiotics – a particular con- launched a cheap multi-purpose anti- cern in South Africa where multiple- bacterial bar soap called Germiguard drug-resistant TB is a growing threat. (triclocarban) for “low-cost earners”. Whatever its effectiveness for oral Reckitt Benckiser claimed to have hygiene, there is no evidence that the started removing triclosan from its use of triclosan (or triclocarban) for products in 2009, but still uses triclo- Experiments indicate that triclosan can fuel the development of microbes resistant to antibiotics

hand-washing is any improvement on carban in its Dettol hygiene soap. ordinary soap, so how do the manufac- Johnson & Johnson, makers of Sav- turers defend their continued inclu- lon (triclosan) pledged to replace the sion in everyday toiletries? chemical by the end of this year, but Noseweek approached the most did not specify with what. prominent culprits, Colgate-Palmo- Without a complete list, the advice live, Unilever and Reckitt Benckiser given in nose173 stands: get out your asking for a list of all their locally- magnifying glass and read the labels if marketed antibacterial products, you want to know what you are putting specifying how much triclosan or tri- into your mouth or on your skin. clocarban each contained (none of this information is available on their web- NEW OUT NOW *1. This amounts to 3 million parts per billion. The biography of Tinus de Jongh sites). They were also asked whether Triclosan, at concentrations of 0.15 parts per they intended discontinuing the use billion, was enough to disrupt hormone signal- of these chemicals, considering the ling in frogs. The percentage of triclosan in rising tide of scientific and regulatory antibacterial soaps is commonly 0.1% to 0.45% opposition. weight/volume or between 1-and-4.5 mil- After more than two weeks, none of lion parts per billion (before you add water, of them had replied, so we are forced to course). rely on secondary sources for the cor- *2. Environmental organisation, the Natural porate spin. Resources Defence Council, is suing the FDA In a piece on Bizcommunity.co.za in in the Manhattan Federal Court to try to force January – attributed to the Sunday the release of the full record of its decision to Times – Colgate-Palmolive spokes- approve Colgate Total. The NRDC was instru- person Del Levin is reported to have mental in compelling the FDA to issue its latest insisted that their Protex soap con- ruling on triclosan and triclocarban. Lavishly illustrated taining triclocarban was “safe and had *3. There are comprehensive reference lists at R245.00 clinically proven antibacterial effica- http://en.wikipedia.org/wiki/Triclosan and Available from cy”. He was not asked, apparently, to http://en.wikipedia.org/wiki/Triclocarban. n www.tinusdejongh.co.za or www.kalahari.com

Noseweek May 2014 33 Promises, promises So where’s the cash? How to weave a tangled JSE property web. By Donwald Pressly

hen in 2006, estate agents city lives behind. Sue ran a successful simply as CEO at African Focus Prop- Engel & Volkers intro- medical glove and sock company called erty Fund Limited (AFPFL). There are duced Sue and Erik How- Soo Concepts and Erik was sales man- no other details of the business, but it land to a prospective buy- ager of Hall & Pickles Labelling. They is understood to be a shell company er of their historic Gerard planned to try their hand at farming based at Morrison Smit’s sprawling MoerdykW house in Pretoria, they be- macadamia nuts in Mpumalanga. Waterkloof Ridge residence. AFPFL lieved they’d got lucky. The purchase offer was accepted and was mentioned in a JSE cautionary as A company owned by former Anglo a few months later R2.6m of the selling underwriting the listing of Ardor SA American computer-audit specialist price was paid on transfer, as agreed. Ltd as recently as December last year. Morrison Smit and his business part- The outstanding balance of R1.6m “Smit was always the more aggres- ner Kobus van den Berg, was prepared was treated as a loan to the purchas- sive one,” says Sue of her dealings to pay R4.3 million for the house – and ing company, Dartingo Trading (Pty) with the two men. But when Noseweek give them a share of the company. Ltd, of which Smit and Van den Berg phoned him, he seemed far from ag- The Cape Dutch house, at 163 were the directors. Sue Howland was gressive. A tad sheepish actually. He Charles Street in the once-leafy Arca- to get interest on the loan, a third of promised to respond to written ques- dia, features an olive tree in the large the company’s shares, and a share of tions by email. He then wrote saying grounds that was planted by General the profits when the house was re-sold Van den Berg had dealt with “the How- Jan Smuts, a friend of the first owner, after refurbishment. land issue”. Judge Farrell. Architect Moerdyk is Within months of transfer, the Dart- Noseweek’s emails to Smit’s Ardor famous for designing the Voortrekker ingo pair had altered the house, turned email address bounced, but eventually Monument. it into offices and had sold it on to at- an email was successfully sent to an The Howlands were selling because torneys Van Rensburg for R6.2m. The address associated with another of his they had decided to leave their busy Howlands would only later discover companies, The Makings. that Dartingo was de-registered soon The Howlands are determined that after that sale. Smit and Van den Berg should not get Sue Howland subsequently received away with the listing of Ardor. “If they a single instalment of R300,000 paid can do what they did to us... who knows on the loan debt. But eight years on she what could happen this time?” said Sue is still owed R1.3m plus all the interest Howland. that has accrued over the years. She is Various publications including also out of pocket by the R450,000 that BDlive reported in 2012 that the JSE she’s had to pay lawyers to try to get would gain a new listing on May 1 of the two men to pay up. She has been that year, when property portfolios of denied access to the company’s ac- Ardor, Lashka and Oakwood were re- counts and records, and has never re- versed into a company called Decillion. ceived a dividend or an accounting for It described Decillion as a “cash shell” the re-sale of the property. – and Smit was the managing director Smit and Van den Berg have simply at the time. That did not happen and ignored high court judgments ordering recent attempts last year and early them to account and pay up. “So, im- this year to revive the listing came to Armchair Nation agine our surprise when we learned naught. Joe Moran that the same two men were wanting Ardor claimed in a report on BDlive

was to raise nearly R370m from investors in August 2012 to be associated with R408 for yet another property company that, Pretoria’s leafy Furrow Lane Hotel & this time, they planned to get listed on Conference Venue, with Die Werf in the JSE by means of a reverse take- Brooklyn – which closed at the end of RR137130 over!” exclaimed Erik Howland when February – and various shopping cen- interviewed by Noseweek. tres, including the Raslouw Retail Mall An internet search reveals Van den in Centurion (registered in the name of Berg was once a property broker, resi- the Bentel Group of Companies). dent in George. He is listed on LinkedIn In a December article on SA Com-

34 at R2.45 each. It is not known whether another property company, Lashka – which four years ago owned the various properties including the Bergville Mall in KwaZulu-Natal and the Uitenhage So where’s the cash? Regional Mall – would still be part of the deal. Decillion was expected to buy its properties for R239.5m. Noseweek’s second communication from Morrison Smit revealed his ag- gressive side: “I never dealt with the Howlands in my personal capacity and any judgment they obtained against me was incorrect. Interesting to see that Noseweek has become a debt col- lector. “The Howlands should use the reme- dies of the law. If the Howlands believe that fraud was involved they should Waiting: Sue and Erik Howland seek their remedy via the Saps. Please do not bother to contact me again.” Kobus van den Berg was a little mercial Property News, it was reported will come from in the absence of these friendlier at first: “I will definitely that Ardor had entered into a memo- properties. speak to you, as I have nothing that is randum of agreement with Van den Smit told Noseweek he did not know not transparent or honest and truthful Berg’s AFPFL, agreeing to “effectively whether Ardor’s listing would go ahead. in the matters. provide an underwriting platform for But as recently as March, the Stock “I will be back in Cape Town on Mon- the reverse listing of Ardor”. Exchange News Service (Sens) sent day [after Noseweek’s print deadline] It went on to report that the secu- out a cautionary that Ardor wished “to …to discuss facts and detail. Let’s set rity would comprise three repurchase advise shareholders that the company up a meeting before we jump to conclu- guarantees by AAUG Insurance Com- is still in the process of finalising the sions.” pany issued to three vendor companies required funding and aims to conclude But then he changed tack: “I do agree of the assets: Lashka 132 Ltd, Ardor various acquisitions of properties as a with the general sentiment of the mail Properties Pty Ltd and Oakwood Four- public non-listed company and, once from Mr Smit to you.” ways Development Pty Ltd, as well as finalised, will apply for a listing to the He reminded Noseweek that a civil a pledge of the shares to be issued to Johannesburg Stock Exchange”. case had been through court and a the three vendor companies and an When Noseweek eventually tracked judgment made (“Unfortunately the undertaking in respect of the unissued down Van den Berg, he said there judgment was not only against the shares in Ardor prior to subscriptions was “no nexus” between Dartingo, the company but against me, in person, by the public. company that bought the Howlands’ which happened as our legal team did Ardor had said it needed an invest- house, and Ardor; the only thing they not respond timeously”) and added: ment of over R300m “to enable the had in common was that both he and “I found it despicable that the How- originally approved transactions in Smit had been involved in the Dart- lands, who have a civil judgment, have terms of the minimum portfolio to pro- ingo business. He was – and continued gone to the press to actually use the ceed and for the company’s suspension to be – involved in raising the finance press as a debt collector. to be lifted”. for the reverse listing of Ardor but had “We do expect the press to be abso- The Financial Mail reported in April resigned as a director of the company lutely responsible in reporting, espe- last year that the Cyprus banking cri- two years ago. cially where there are many people’s sis had put paid to Ardor’s hopes of list- Van den Berg said he was dependent lives at stake. ing and that investors who subscribed on raising capital for the Ardor project “That said, we also respect the press for shares worth R395.5m in Ardor to pay the Howlands what they were and would rather like to see a positive were unable to have their payments owed. Although no recent figures have outcome from this.” released from Cyprus banks. been provided by Ardor, two years ago Earlier he had told Noseweek: “I sim- The plot continued to thicken as it was report that the valuation of its ply did not have the means to pay the the year passed with no firm news property portfolio was R651m, less debt. If you know me, I am not a person on whether the listing requirements R4m debt. who will turn my back on anybody. could be met and when Smit was asked When the deal was meant to go “The idea was – and still is – to set- whether these properties still formed through Decillion, Ardor was expected tle the Howlands from the proceeds we the backbone of the Ardor reverse-list- to earn R92.3m for its property assets. are going to eventually get from the ing, he said he did not think so. It is Decillion would pay R84.3m in cash to listing. We were going to reverse list not clear where the financing of Ardor Ardor and issue R8m in shares valued some assets into Ardor SA Ltd.” n

Noseweek May 2014 35 Books LEN ASHTON

Visionary. Watch out!

he reviled Dr Albert Hertzog was small that only one actor could appear at a right after all. Mature persons will time. Fortunately it was a two-hander, so, as recall the former Minister of Posts the Daily Mail noted excitedly, viewers saw and Telegraphs’ desperate attempts to “even to the lifting of the eyebrows”. The forbid TV and all its works in South Manchester Guardian’s reporter apologised: Africa.T Equally desperate and bored citizens he missed the performance because he ar- raged against the verbod for years before the ARMCHAIR NATION rived at the head of the queue at Selfridges regime caved in and permitted us to view sin- by Joe Moran store just as it faded out. ister productions like Biltong and Potroast (Profile Books Ltd) It has been suggested that the mass pur- and Liewe Heksie. chase of TV sets in Britain in 1953 was Now along comes Joe Moran to question sparked by coverage of King George VI’s fu- the effects on communal life of Dr H’s derid- neral, when the largest number of viewers ed little black box. It seems that, instead of yet, some 4.5 million, watched the procession binding the nations of the world in glorious in shared sitting rooms across the country. harmony, TV is isolating families and indi- But there were reservations about permit- viduals. Moran should know: this formidably ting cameras to reveal intimate moments of accomplished British writer and academic the ceremony. Some felt the coverage was too has researched mightily to produce Arm- intrusive when, for instance, it dwelt on the chair Nation, which seduces the reader with Queen’s veiled face. a treasury of witticisms while subtly impart- Moran quotes playwright Dennis Pot- ing fascinating research. ter liberally. Potter got the job of TV critic His take on voyeuristic pop TV series like through illness. The young reporter became Big Brother and The Weakest Link is amus- the Daily Herald’s viewer when illness forced ing, but more than faintly alarming as it him to sit at home and watch everything from notes fan adoration fading to passive gog- Wagon Train (liked) to Emergency: Ward 10 gling for the lonely sleep-deprived. High- (great stuff). At the time (1961) ATV permit- minded commentators – who imagined TV ted scriptwriters only five deaths per year. would educate and elevate a grateful world By 2014 standards, that limitation would – are shown mostly to have become disil- be exceeded in South Africa within millisec- lusioned about those prospects. The people onds. And that’s just on TV. have spoken, the advertisers have heard, and The idealistic young Potter, of modest ori- it seems the populace are generally not too gins, then proceeding to Oxford, had hopes keen on improving themselves. of reaching both his parents and university Moran is not being sniffy about popular friends through TV, rather than the “middle taste. This professor of English and Cultural class” medium of theatre. He yearned for at History at Liverpool John Moores University, least the possibility of a common culture in who writes regularly for The Guardian, re- Britain. But he knew the dominance of the cords with wry amusement the innocent ear- “undemanding pap” he had peered at from ly hopes for TV as an uplifting social leveller. his sickbed. Television did start out as a communal Encouragingly, Moran believes the habit of activity in Britain, with major events like communal viewing is now turning out to be Queen Elizabeth’s coronation and the first much more resilient than people had "hoped Moon Walk being witnessed mostly on tiny or feared" at the beginning of the digital era. screens in crowded spaces. He says programmes like Who Wants to be Among the memorabilia recorded in Arm- a Millionaire?, Strictly Come Dancing and chair Nation is an account of the first TV Doctor Who, bring families together. play broadcast in Britain: on 14 July 1930 Judging by that menu, touring Brits must Luigi Pirandello’s The Man With a Flower in feel right at home in South Africa. For a his Mouth was shown. The technical difficul- touch of the exotic, they could switch to one ties were enormous: the viewing area was so of the other ten official languages. n Last Word HAROLD STRACHAN

Memorable. Fiddler on the roof

Rupert Murdoch for whom also Willy show with Eusebius Mckaiser listen- hat on earth happened to is an ideas man who writes homemade ers called in and mobbed our Willy and Tony Leon? I mean where factoids about SA in the British Sunday tore him to bits for saying that right on earth is he? Last I heard Times. inside there black people know that of him he was doing a sam- And lo! here I discover that I too am white leadership is best. But that’s not ba Carmen Miranda style listed as a disciple, which God forfend. our skop-en-donder racism as of yore, is Win South America, you know: Ay ay, ay Indeed I have a nasty warped sense of it? He can still call himself a liberal be- ay, did you ever kiss in ze moonlight, humour which my mother never could cause white leadership is equally good in ze grand and glorious gay notorious fix: my mind turns now to Lord Alfred for all races, hey. Why, I recall sitting Sous American way? And the food, my Milner who done the dirt on Paul Kru- on Willy’s sundeck in the middle of the dear, and the wine, and that lovely rip- ger and took to basking in heroic fame night whilst he got steadily pissed and pling river. Please please tell me he’s after the Anglo-Boer War; Mama Africa laid out for me his view of South Africa’s not back here slugging away at a dis- future. What Africa needs, said Willy, is mal thick Mein Kampf with the aid of recolonisation. Benign, of course. Willy Jimson, his “ideas man”. And for Ja, he built this Winter Palace down that matter where is Willy Jimson? the way from Durbs, not with the help Last I heard of Willy he’d gone swim- of any architect, Lord love you no, he ming in a smallish estuary down the sat down with a Port Edward draughts- KZN coast where stands his Winter man and with unerring ineptitude de- Palace, described by his Murmansk signed this vast double-storey heap in missus Eulabia “Sweetlips” Stampova the style of Field Marshal Rommel’s thus: But Haaarold, you don’t under- Atlantic wall. stand, it is so paradisical. The way you get inside is by tipping Whenever she speaks to me she says up the big steel garage door and edg- first that I don’t understand, but any- ing past the bloated 4x4 there and all way, Sweetlips, said I, what I do under- the garden tools, wheelbarrows and stand is that this lagoon on the rich toff chopped wood for the big upstairs fire- side of the N2 is fed by a stream from place with a chimney in sweaty KZN, the other side where live the desperate and at the back, you find a sort of ordi- rural poor, and they pee in it and wash nary bedroom-type door which leads to their clothes in it and drink it and die further storage goeters on shelves. But and nobody even notices their depar- duck to the left, you’ll find some steps ture. So don’t get so paradisical that which take you upstairs where people you swim in it nor even dip your tippy- live and this sundeck where Willy and toes in it or you will die too. draughtsman with unfailing philistin- But Haaarold, you don’t understand, ism have installed a Colonial Feature, said she, and Willy went aswimming namely a wooden railing round the and apaddling in it and nicked a foot on edge. something sharp under the water and There we now sit, just Willy and I, a certain bacterium got inside his skin and I’m thinking to myself were I just a and ate one of his legs. bit younger, true’s God’s my bleedin’ fa- It was all very difficult, because a bode her time and when he went to the ther, I’d get up right now and hitch-hike chopper came and took Willy to Saint Eastern Transvaal to do a bit of basking back to Durbs regardless of midnight. Augustine’s Hospital in Durbs where there, a tsetse fly bit him and he died Willy’s heroes, he declares, are R. a tiptop specialist name of Chetty set of sleeping sickness, the bastard. And Reagan and Dubya Bush, purpose- to work on him, and Sweetlips, nou ja, now I sense Mama A doing something ful men. Willy lays out his plans for a jy weet mos, she dislikes Indians, but similar with her necrotising fasciitis on new economy and quite suddenly, hang maybe she’ll have to start liking them Willy for all that deceitful kak he does on! I become aware of what Robert now because this one saved not only on SA in the Pom press. Mugabe’s big banners mean at election Willy’s bollicks but his brain and all. But where is Willy, where his proph- time: “Zimbabwe Will Never Again Be And dutifully issued daily a dispatch et? The argument blathers on as to A Colony”. Maybe he’s Not-so-mad Bob to all Willy’s disciples who were hold- whether they are racist or not. Well I after all. Maybe I’ll email him saying ing their breath worldwide, including don’t know. I note that on an FM talk Mazaltov. n

Noseweek May 2014 37 Smalls ads must be booked and paid for online. Book at: www.noseweek.co.za

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