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FEATURES 9 Notes & Updates 4 Letters Appeal against Tongaat-Hulett pensions ruling 8 Editorial n Mpisanes: the paper chase n Second guessing America First 38 Smalls 12 Nkosazana’s evil shadow AVAILABLE Bathabile Dlamini’s history of dishonesty and disasterous mismanagement of SA’s social grants ON YOUR COLUMNS programme likely to sink Nkosazana’s chances of TABLET becoming president 33 Africa 13 A shocking taped phone conversation 34 Books A leaked recording draws the spotlight onto the financial and political ambitions of Zuma’s women Download your 35 Down & digital edition today Out 16 Road swindle: tarred and feathered Contractor overcharged hugely 36 Letter from both single issues and Umjindi 20 Petrol consumption figures fuel Ford’s fire subscriptions available 37 Last Word Doughty widow challenges advertising claims PLUS never miss a copy – 22 Sweet talk with back issues available to A brand of purportedly diabetic-friendly agave download and store nectar is putting South African lives at risk

26 Leuens Botha and the weird weir DOWNLOAD YOUR DIGITAL The many faces and many schemes of a DA politician EDITION AT 28 Bad policy www.noseweek.co.za How to fight insurance claim blackmail or % 021 686 0570 30 On wings of song Cape Town’s Youth Choir plans to conquer New York

NOSEWEEK March 2017 3 Letters

Barry Sergeant an instant friend the scales of the legal minions slith- calls and trips to various places ering around Facebook instead of they have told her it’s her own fault I’M SO SAD ABOUT BARRY SERGEANT’S respecting your right to a healthy and said someone has been buying death. He was so kind to me even environment. Because that’s how we airtime from her account. though we never met, and I felt him roll. – Ed. This is rubbish. They have perpe- to be a friend and loved him. Two trated a fraud and need to take months ago, he spoke about his farm Discrimination in death responsibility. and things he was working on, and Jenny McLeod told me to visit. I should have gone I AM GLAD YOU PUBLISHED “FORGOTTEN Meadowridge, Cape Town then, if only to meet him and keep but not yet buried” in nose208. It that moment with me. tallies with my experience with Bled dry by Hermanus Khadija Sharife Claremont Shul. My late mother Durban belonged to the Jewish Seniors Club RECENTLY WE HAVE READ IN YOUR Letters See Editorial on page 8. – Ed. that met in Claremont/Wynberg regu- pages about municipalities that do larly. In fact, she left money to them. not charge sufficient rates on proper- Gassed out of our homes She also used to go to the Clare- ties because of too-low valuations. mont Shul for the high and holy days Well, let me tell you that there is HAVING READ YOUR ARTICLE IN NOSE205 and paid her annual dues there too. one municipality where such a state on Enviroserv’s dumpsite near When she died – and despite my of affairs will definitely not happen: Hillcrest, I thought you need to father having been Orthodox – I the Hermanus municipality of the be told about how we – here in had her cremated, but I asked the Overstrand. This municipality is run Midstream, Thembisa, Glen Austin Rabbi to say prayers for her. When he to show a healthy profit and, whereas and Brakfontein in Midrand – have refused. I asked a devout shul-goer business has to deliver to show a an even worse problem with the pal to intervene and try to sort this profit, Hermanus municipality has Interwaste dumpsite. out, as I thought that my mother, the advantage of not having to do so. They are allegedly dumping who didn’t really want to be cremated President Jacob Zuma’s example hazmat (hazardous materials and but left it up to me to decide, would of government has been readily items) waste from platinum mines at appreciate having prayers said in embraced by the Hermanus council- this site, which is creating hydrogen any shul for her. In the end it created lors en bloc – DA, ANC, same differ- sulphide and sulphur dioxide, both such a problem situation that I don’t ence. Where Zuma bribed the justice deadly gases. know whether this was ever done. department, Hermanus employs As a result, we are being gassed I do believe that these self-serving the smartest lawyers the region can out of our homes. People everywhere judgemental humans will get a taste provide, paid for by the rates and are sick and animals are dying. The of their own meds in due course. taxes levied on the property owners. government has been “investigating” Pam Herr Municipalities used to be instances for two years already and it is getting Sun Valley of service – in Hermanus it has worse by the day. become an instance of imposition. Please can you look into this, as ‘Last Word’ always first class Valuations of houses are decided we get threatened by Interwaste unilaterally by the lawyers – every lawyers when we post on Facebook or I HAVE FOR YEARS BEEN A HAPPY four years a higher figure, despite the message. subscriber to Noseweek. This fact that in the market, house prices Paul Treleven weekend, again, Harold Strachan’s have dropped considerably during the Midrand contribution (in nose208) was a last five years. In my case, our house masterpiece of humour. was revalued for almost R1 million Noseweek is no stranger to sniffing Does Noseweek have a “Last more, to R2.735m, while surrounding out Interwaste’s stink (see nose194). Word” collection of his contributions houses had been sold for an average We suggest you contact environmen- in print? If so, then I am a keen of less than R2m. The result was an talist Desmond D’Sa, of the South purchaser. If not, then how about increase in rates of R3,600/year. Durban Community Environmental putting one together? If you protest, the next month you Alliance, for assistance. D’Sa travels John Barbardt will find an increase in your elec- the country to help communities CEO, Bonnievale Wines tricity deposit of R5,000 to be paid battling with toxic companies. We directly, in order to punish you. also suggest you visit the Upper Mother’s Sassa account raided Hermanus municipal lawyers’ law Highway Clean Air NPO to see how is Law, house owners had better not that KwaZulu-Natal community has I HAVE SPENT A YEAR TRYING TO GET THE forget. To fill the coffers, the lawyers rallied in their area. A Noseweek money Sassa’s paymaster appointee invented an additional payment on journalist will be contacting you stole from my mother’s pension. car licences – a transaction fee of R36 shortly to get your story and to ruffle After all the paperwork and phone – to get more fines. You won’t be told

4 Spinning a line... Last Word always frst class

when your car or driver’s licence is to and abetted” him, suggesting that I country but, ironically, is government be renewed, so quite a few people who had assisted him in some illegal or policy. were used to a “service” municipality morally reprehensible activity. All I Keep up the really good work that find themselves riding around with did was assist Munsamy to source you and your staff do. One of these out-of-date papers. The municipality and develop the properties he pur- days I guess I should subscribe to the has appointed a crowd of youngsters chased. I am a property developer digital version of Noseweek but maybe with yellow vests to pounce upon car (not an architect) and was doing my I’m a bit old fashioned and still enjoy owners in order to fine them. business as I would for any client. the printed version. All this might not be legal but The acquisition of the first two Dave Nicholls house owners who built or bought properties occurred well before the Durban a house in their younger days now Sasol/FNB saga. I also lost a consid- find it difficult to defend them- erable sum of money when Munsamy Where’s my money, SARS? selves against the demands of the reneged on our agreements for the Hermanus Municipality. development of the properties after IN 2006, R105,000 WAS UNLAWFULLY Lawyers are too expensive, already much work had been done. I would removed from my personal bank the habitants have paid for the appreciate a note clarifying this. account by SARS. After repeatedly municipal lawyers that attack them Andrew Botha failing to get any kind of information in our zumacracy and so far there Johannesburg from SARS regarding this, in 2013 I does not seem to be any defence contacted the Public Protector. SARS against the persecutions of Hermanus Slimy sorts duping others – suddenly, after seven years – now Municipality. said I had been audited in 1999 but Nick Dekker I AM ONLY ABOUT HALF-WAY THROUGH the were unable to provide audit reports, De Kelders, Gansbaai February issue (nose208) and it sort assessments or any documentation to of leaves me speechless to read about substantiate this claim. all these slimy people who defraud The Public Protector advised me Unfairly tainted and harm others. But I really enjoyed to try the Tax Ombud. For the past I WAS DISTRESSED TO DISCOVER THAT the Editorial and the comments two-and-a-half years my matter has in Mandy Wiener’S piece on Ma- about BEE. BEE will be around for been with the Tax Ombud, whose hen Munsamy’s money laundering ever as it is a crutch. It is also a form mandate is to determine maladminis- schemes (nose208) you say I “aided of racialism that is bad news for our tration or whether SARS followed the correct procedures before removing my money. To date, SARS has been unable to show any documentation to justify the removal of my money, and it is clear to the Tax Ombud that not one single procedure was followed by SARS. Despite the Tax Ombud having recommended that SARS repay my money, SARS has shown the middle finger to the Tax Ombud who has no legal powers. All that SARS has shown me over the past 11 years is computer-gener- ated made-up figures, which I have told them in writing were fraudu- lently compiled... as without substan- tive documentation, where did these figures come from? SARS has shown me a simulation of account, as to what they think might of happened. When I asked if they would accept a taxpayer providing them with simulated expenses, they refused to answer. “If you have to ask how much I have repeatedly asked the Tax petrol costs, you can’t afford it.” Ombud to request SARS to take me to court, however the Tax Ombud just laughs at me, saying SARS would

NOSEWEEK March 2017 5 Letters never go to court with this matter, as the Middle East, and Cameron in the they know they are in the wrong. Democracy/capitalism is flailing UK. In fact, South Africa pretty well The lack of transparency, account- pioneered this phenomenon within THE DISCUSSION ON RALPH MATHEKGA’S ability and integrity within SARS is the structures of its own liberation book When Zuma Goes (nose207) has disturbing. They appear to be a law movement. prompted me to order a copy so that I unto themselves, with total disregard So what happens next, worldwide? can study his ideas in detail. for the man in the street. Should we, together with Asia’s teem- For some time I’ve been concerned Can Noseweek please help me in ing millions, attempt to replicate the that the Highway to Light long resolving this long ongoing saga? social democracies of Scandinavia championed by the (North-) Western Dave across the globe? Should we all emu- World (in other words, Capitalism/ By email late Japan and South Korea? Democracy) has run into swampy I’m hoping Mathekga’s peek into ground. No longer do the ideals the future for South Africa will give Hard to keep track of corruption espoused under that scheme appear us a world view for our grandchildren M SURE M NOT THE ONLY READER WHO to be sufficient to provide a smooth I’ I’ to look out for. roadbed for the carriage of the ad- battles to keep track of the endless A J H Long vancement of society. flood of corruption by the various gov- Tzaneen, Limpopo ernment departments, as well as the We’ve seen, among other phenom- SOEs and also crooks in the private ena, the Arab Spring, Brexit in the sector, and I’d hate to think that they UK, and the emergence of Donald High at the wheel is hazardous will be allowed to quietly disappear, Trump in the US. There are close leaving the guilty unpunished. similarities between what is happen- MEDICAL CANNABIS – BEYOND ANECDOTES As a result, I suggest that Noseweek ing in the US and what happened (nose208) refers. Much has been publish regular updates reminding us in South Africa in 2008 – a system written about making dagga of what scandals remain unresolved effected by an intellectual, aloof lead- (Cannabis sativa) legal. Very few and guilty parties unpunished, along ership (Obama and Mbeki) that was have had experience with it, as it is a with the details of the issue in which elbowed aside by a scheme espoused banned product. I remember about 1974 the police the story was published. by successors perceived to have a In this way, we can continually raise populist agenda. helicopters coming into the Karkloof hills and forests looking for dagga, the issues until the appropriate action The same emotion that has bubbled to the surface in other societies has and when found, cutting and burning is taken. Mitch Launspach resulted in the demise of numerous the plants. I can also remember some

Noordheuwel, Mogale City Muslim leaders in North Africa and plants hidden deep in the forests that were 4m high. During the early 1980s, after good rains and lots of sunshine, the dagga crop was good, the Africans working on my father’s farm were smoking dagga on a daily basis. Smoking blue smoke as they say. A worker under the influence, who was asked to hit a part on a plough at a moderate speed with a 5kg sledge hammer, instead lifted the hammer and with all his might, hit the part and broke it. A young African, also under THE SOUTH AFRICAN LITERARY JOURNAL the influence, driving a tractor, descended a steep hill at full throttle

with heavy plough in tow.

When he tried to brake, the tractor Do you want to see your poems, fiction, creative non-fiction swerved to the right, he over-steered or short stories published in a reputable literary journal? to correct and the tractor overturned and squashed him. Founded in 1960, New Contrast is the oldest surviving I have no doubt at all that the literary magazine in South Africa. nation will rue the day that “it is easy to smoke dagga”. Accident rates We invite you to SUBMIT your work to New Contrast! of vehicles and road deaths on the roads will increase exponentially. SUBSCRIBE and receive four issues per annum And in the workplace schizoph- renia will also be a problem in the For submission guidelines and subscription details refer to workforce. our website at www.newcontrast.net or email the editor at Peter Dawie [email protected]. KwaZulu-Natal

6 Letters De Lille has no interest in Cape Town’s heritage

REGARDING CAPE TOWN EXECUTIVE Mayor Patricia de Lille’s recent resignation as provincial DA leader so that she can “concentrate on her mayoral work”, the Habitat Council has launched a Review Application in the Western Cape High Court (case no 16920/16) against inter alia the Executive Mayor of Cape Town and the Mayoral Committee. De Lille’s resignation is a cause for genuine concern to all who care about preserving heritage in our city. Her obvious delight at the prospect of being able to concentrate on her mayoral work fills us with dread at the thought of what the focus of her attention will be. Much of her mayoral work reflects her mantra: “Away with red tape; roll out the red carpet for development”. Her value system would seem not to include an appreciation for heritage. The erst- while Spatial Planning and Land Use Management committee (Spelum) has The Lutheran Church in Cape Town been stripped of all decision-making powers. The Planning Bylaw bestows spontaneous objections flooded in. A and the matter was referred to the virtually boundless discretionary municipal team of experts was put city’s Appeals Committee. Four DA powers on her on appeal. together to assess the application and Councillors voted for the development A Development Forum with which advise Spelum. Their unanimous and the two ANC Councillors voted she works closely – and which finding was that the application was against it consists exclusively of architects, to be turned down – which Spelum, In a subsequent meeting, on 3 developers, builders, etc – has closed- in an unopposed vote, did in 2011. An November last year, the mayor and door meetings with De Lille on propo- appeal to the Planning Appeal Board the mayoral committee took exactly sitions for development. in 2014 against the rejection was two minutes to approve the develop- With respect to the current appli- unsuccessful. ment on the Melck warehouse. cation for development on the 18th A somewhat changed proposal was The Habitat Council believes there century warehouse alongside the submitted towards the end of 2014. is a systematic bias in favour of devel- Lutheran Church in Cape Town, the Again a team of officials was tasked opers and that the DA Councillors Habitat Council has become aware with assessing the application. This are obliged to follow the instructions of this increasing centralisation of time, however, they chose to support of their leadership (De Lille). power in recent times. It has endeav- the proposal. What happened to the so-called oured, so far unsuccessfully, to have But the councillors serving on “open opportunity society’ slogan of the warehouse along with the historic Spelum were highly critical of it. the DA? street block it stands on declared a After a site visit in June 2015, one It has become clear to us that national heritage site. councillor described the proposal the DA under De Lille has no This property is situated on the as “brutal, ugly and unforgiving” regard for our unique Heritage and only remaining street block reflecting and “undesirable, unsuitable” and Environment. We can only hope that the low-slung 18th-century architec- “impacting negatively on the environ- she comes to realise that preserving ture of South Africa. The warehouse ment”. Their request was that the our heritage is a constitutional and in question was built from 1764 to officials should revisit their report, legislative mandate. 1767 by the Malay slaves living at explaining the merits of their recom- Habitat Council has received the the Cape, and is directly linked to the mendation. full record of the Appeals Committee origins of the Lutheran Church in Both the June 2015 and the July and had until 15/02/17 to amplify Africa. 2015 Spelum meetings recommended their papers in preparation for the When the plans to build a multi- that the application be turned down. court case to follow. storey’d office block on the roof The Habitat Council noted an ML ROUX of the warehouse became known, appeal against the mayor’s decision Executive Officer: Habitat Council

NOSEWEEK March 2017 7 C

Editor Editorial Martin Welz [email protected] Assistant Editor Jonathan Erasmus Farewell Cowboy Special Correspondent Jack Lundin N DECEMBER 2012 NOSEWEEK’S BOOK is at the core of most, if not all, of them. The Designer reviewer found it necessary, despite it US$64m-question is whether the individu- Tony Pinchuck being the season of peace and goodwill, als in any particular deal have elsewhere Consultant to review Barry Sergeant’s 469-page concluded silent, unwritten deals. Why do ob- Len Ashton exposé of the Byzantine criminal she- scure foreign-owned entities so often appear, nanigans of Brett Kebble – although, as the seemingly from nowhere, to participate in ma- Sub-editor I Fiona Harrison reviewer acknowledged, it was hardly fes- jor BEE deals? tive reading. Nose186, April 2015: “IDC cannibalised to Contributors “In a sense, the wicked frauds perpetrated fund misadventures. Billions written off as Len Ashton, Sue Barkly, by the ingenious Kebble and his cast of accom- ‘impairments’, while executives paid like roy- Bheki Mashile, Stephen Pain, plices are too big for South African compre- alty”. Martin Plaut, Ciaran Ryan, Harold Strachan, hension and action,” the reviewer wrote. “The Nose189, July 2015: “The minutes that In- Anne Susskind, Nicci van Doesburgh scale of the R26-billion fraud is clearly too vestec wants obliterated from the history of Cartoonists daunting for officialdom to handle. Besides, the world.” Dr Jack, Stacey Stent many fingered by Sergeant are powerful and Nose191, September 2015: “Eskom plays Accounts influential players. The murder of Kebble in Russian roulette with Glencore.” Nicci van Doesburgh 2005 remains a mystery, and, like various oth- Nose192, Oct 2015: “Digging into the South [email protected] er loose ends, is likely to remain so.” Deep scam. Bosses will probably pocket R1bn Subscriptions It’s issues like that, the ones everyone else in world’s second-greatest mining scandal.” Maud Petersen found too daunting, that Barry saw as a prov- Nose194, December 2015: “Investec scores [email protected] ocation to action. No matter what it took, or R2bn from Brett Kebble’s shady empire, who it offended. He was critical of the liber- while lawyers walk off with R600 million of Advertising ties habitually taken by lawyers and bankers, his tainted loot.” 021 686 0570 because he could afford to be: he had himself Nose196, Feb 2016: “Top mining executives [email protected] been a lawyer and an account analyst. commit fraud with impunity, confident their He was a Noseweek sort of guy. highly paid lawyers will make criminal charg- All material in this issue is copyright, and belongs to Chaucer Publications (Pty) Ltd, unless otherwise While elsewhere Barry was unravelling Ke- es ‘go away’.” indicated. No part of the material may be quoted, bble’s Byzantine corporate schemes, Noseweek Nose200, June 2016: “The judgment in Vo- photocopied, reproduced or be stored by any was unpacking his shockingly self-indulgent dacom vs Kenneth Makate has been applaud- electronic system without prior written permission. character and lifestyle – and challenging the ed as a victory for the small man, a case of Disclaimer: While every reasonable effort is taken to ensure the accuracy and soundness of the contents of revenue authorities’ extraordinarily benign David versus Goliath. True but misleading. this publication, neither the authors nor the publisher view of his failure to pay any tax. We could This David would never have reached South will bear any responsibility for the consequences of only guess why he had it so easy on the tax Africa’s judicial battlefield had he not had the any actions based on information contained. Printed and Published by Chaucer Publications (Pty) Ltd. front until we discovered that amongst Keb- backing of some serious financial musclemen.” ble’s many acquisitions were several ANC Nose204, October 2016: “Maduna’s battle Youth League leaders (for a few Ferraris, a with his ex-wife unearths a curious patronage mansion here and there and a cuppla millions gratuity worth more than a quarter of a bil- in cash). lion rand. Was it a payoff for…?” Kebble’s willingness to “produce the good- All Barry Sergeant’s obituary writers refer ies” had made him the most influential white to him as somewhat eccentric, a bit of a cow- SUBSCRIPTION RATES man in Africa, we said in our first profile piece boy. His eccentricity, it emerges, was reflected Print published in 2004. in his preference for wearing flash riding But it took a while longer for Barry Ser- boots and a cowboy hat. He was a romantic SA only R410 geant to pop round to Noseweek to say hullo. idealist. In this Wild West he saw himself as a Neighbouring states (airmail) R600 The first piece he wrote for Noseweek ap- bit of a cowboy – but a good one, able to lasso Europe, Americas and Australasia R740 peared in nose178, published in August 2014. and bring down a long-horned bull on the run. Internet edition In the days after his death, friends and ad- 1 year R298 The story teaser reads: “Randgold as explosive as the Arms Deal. Investec claim they are, ef- mirers have wished him rest in peace. On the Combined fectively, free to benefit from crime.” contrary, I see him in that other place, dressed Print+Internet (SA only) R510 You need only read a few of the teasers for in his boots and hat, walking in the veld with To subscribe his stories in Noseweek over the ensuing two- his beloved dogs, squinting at the sky, breath- By post: Send cheque with name, and-a-half years to appreciate the quality and ing deeply and thinking: how next do we address and phone no. to: noseweek, character of his journalism: nose180, October skewer the bastards?! PO Box 44538, Claremont 7735. 2014: “Peter Gray was Brett Kebble’s bank- We’ll make sure those bastards don’t quick- Via Internet (pay by credit card): roller and laundering stockbroker. He was ly forget you, Barry. www.noseweek.co.za also Investec’s lead cover-up man.” This issue of Noseweek is dedicated to his Email [email protected] Nose185, March 2015: “A careful scrutiny of memory. Further information BEE deals shows that individual enrichment The Editor Call (021) 686 0570; fax 021 686 0573 or email [email protected] Notes & Updates Appeal bid after Tongaat-Hulett told it can keep its pension booty

CHALLENGE IN THE HIGH COURT BY By Jonathan Erasmus The pensioners also argued that the pensioners to force Tongaat- THDBF’s board of trustees had been Hulett Limited to reverse a Instead they asked for the fund to re- weighted in favour of the employer, controversial ruling on the calculate the actuarial surplus as it was thus prejudicing the members. winding up of its now defunct last done on 30 June 2012. “The applicants’ case relied upon pensionA fund that scored the sugar gi- They said they wanted two previous a too-narrow and – with respect – ar- ant a R363-million windfall, has failed. actuarial surplus allocations made to tificial interpretation of Section 15C A total of 73 pensioners (previously the employer’s surplus account in 2007 which, if followed, would have conse- 77 but some have died in the meantime) and 2009, totalling R222.1m to be tak- quences which could not have been in- challenged their former employer who en into account, where no surplus was tended by the legislature,” said Koen in they believe systematically looted their paid to the members. his judgment. pension fund between 2008 and 2013. They also claimed they were misled by The judge said that even if he were The current dispute has its roots a rule specifically created for the liqui- wrong about the applicants’ interpre- in the outsourcing and closure of the dation of the THDBF. They said the rule tation of the act, “granting the relief Tongaat-Hulett Defined Benefit Fund divided – in an 80/20 split – the fund’s sought would involve an unscrambling (THDBF) with assets of R1.8 billion, to “excess assets” (fund assets minus fund of the proverbial egg” and the outsourc- Old Mutual’s Platinum 2003 Category liabilities) in favour of the members. ing process – which was accepted by A Benefit Fund, in April 2013. They said their understanding at the members – comes with added offerings But having heard the matter in the time leading up to the liquidation of the that cannot be separated. High Court, Durban, in October 2016, fund was that “excess assets” was the “Where the applicants have accepted Judge P Koen in his ruling, delivered on same as “actuarial surplus”, which, it the other benefits bestowed upon them 23 December 2016, sided with Tongaat- transpires, it is not. by the scheme, their separate and dis- Hulett’s counsel Alistair Franklin SC They said the “excess assets” that creet attack on only one component of and the THDBF’s lawyer, Samantha they received already belonged to them the composite scheme must… fail,” said Davidson (Shepstone & Wylie), who in any event. Koen. said they had no case to answer. The pensioners went further and said He said the allegation that the board He found against the pensioners in the R363m “excess assets” paid to Ton- of trustees “was weighted in favour of every aspect of their legal challenge to gaat-Hulett’s employer surplus account the employer” giving rise to a conflict of have THDBF’s surplus pay-out to the was a breach of section 15C of the Pen- interest and bias, was not unlikely. employer reversed, going further, to sion Funds Act. “There will always be an inherent give them a cost order, as the applicants They said that, according to the act, the institutional conflict of interest on the were “pursuing the matter…in their surplus account can only receive funds board. This occurs in most boards of own particular interest”. from a determined “actuarial surplus” pension funds. The board was however (A bizarre judicial observation, as all and not “excess assets” as had been the lawfully constituted. What must be litigants are generally required to have case. Actuarial surplus is excess earnings shown is that the board acted improp- a legitimate interest in an action they accrued by a pension fund and, depending erly. That is what the applicants failed bring before the court. – Ed.) on the fund’s rules, can be allocated to both to prove,” said Koen. The pensioners’ and Tongaat-Hulett’s the employer and the members’ surplus Noseweek will update readers on fur- arguments were extensively covered account. ther developments in the case. n by Noseweek (nose199) and were the subject of impassioned letters to the Editor (nose205). On 17 January the pensioners applied for leave to appeal to the Supreme Court of Appeal. The pensioners – led by Bruce Moor and Willem Hazewindus and rep- resented by lawyer Nigel Carman (Fasken Martineau Inc) and Advocate Craig Watt-Pringle SC – had wanted the Durban court to set aside the de- cision by the pension fund trustees to pay out to Tongaat-Hulett Limited’s Employer Surplus Account (ESA) Bruce Moor and Willem Hazewindus R363.2 million from the pension fund.

NOSEWEEK March 2017 9 Mpisanes: the paper chase

OCUMENTS ARE DISAPPEARING pressure by Noseweek, including a files. Here I am sitting with files from the Kwazulu-Natal High letter to the KZN Judge President that came back to us after they went DCourt in Durban because some Achmat Jappie, that the documents off-site by the attorneys which they attorneys smuggle them out, while – totalling more than 1,700 pages – are not allowed to do. I have crimi- some judges are keeping high-pro- reappeared on 13 February. nal cases against them (now)”, said file files away from public view. Except that then, one key docu- Bothma. These were among the explana- ment was still missing – the Mp- The court record consists of two tions Noseweek received from the isanes’ replying affidavit – which parts – four lever-arch files and a Durban High Court Registrar Lou- should have been filed on 23 January, brown file which is a summary of the ise Bothma after documents, includ- as ordered by Judge Kate Pillay in lever-arch files. They contain docu- ing four lever-arch files, disappeared the high court on 17 January. ments including confidential tax re- from the court. Registrar Bothma said that the cords, an assets register, trust docu- The missing files formed part of Durban High Court was not unique ments, a 128-page founding affidavit the South African Revenue Service when it came to files disappearing. and contract documents. (SARS’s) civil claim against Durban’s “If it is high-profile it’s even possi- Bothma had no explanation as to Teflon Two, Shauwn and S’bu Mpisane ble the judge has kept it, as he wants why the replying affidavit was not (noses103;109;125;150;195;203;204; to keep it away from the media. present, referring Noseweek to the &205). They couple are accused of “They won’t tell you that,” said attorneys. SARS’s attorneys referred owing SARS more than R203 million Bothma. Noseweek to SARS, who in turn re- in back taxes (nose208). “The only other explanation I’ve ferred Noseweek to the court. The The files went missing on 23 Janu- then got is that, you know, attorneys Mpisanes’ attorneys did not respond ary and it was only after sustained can come any time and look at their to requests for assistance. n Stent

10 Notes & Updates If America’s frst, who’s second?

HESE DAYS NEWS CAN BE VERY depressing – especially where politics is concerned. It is wide- ly recognised that for this sad condition laughter is by far the bestT antidote. Right now, who couldn’t do with a laugh or two? And with so many creative people out there who have online access read- ily available, it is hardly surprising that when someone like Donald Trump storms on to the political scene, the laughter machine instantly moves into top gear. On the 3 November 2016 a music video America First! Trump Song made its appearance on Facebook. It was cre- ated by Prankstanomers and had soon notched up 46,312 views, starting a worldwide frenzy of competing video parodies. The first response came on 25 Janu- ary from the satirical Dutch TV show Zondag met Lubach. The video was created tongue-in-cheek to introduce Trump “to the small country of the Netherlands,” and they called it America First, Netherlands Second: Welcome to this introduction video about the Netherlands. It’s going to be a great video, it’s go- ing to be absolutely fantastic. We speak Dutch, it’s the best lan- guage in Europe. We’ve got all the best This Doctor Seuss cartoon drawn in 1941 commenting on the America First words all the other languages failed. movement’s anti-Jewish immigration stance has been doing the rounds on social Danish, total disaster. German, it’s not media in response to Donald Trump’s ban on Muslims. even a real language it’s fake, it’s a fake language. We built an entire ocean, OK? An This was just the beginning. The next bour, Namibia, deserves special men- entire ocean between us and Mexico – to respond with their own version was tion. Other countries that also respond- nobody builds oceans better than we do. Kazakhstan, claiming to be the great- ed (and whose videos can be found on And last but not least we’ve got a est country in Asia. They start off their YouTube) are – in no particular or- great, great dependency on the US. video by saying they are not in the EU der and there’ll probably be more It’s huge. but why should they care? by the time you read this: Slovenia, If you screw Nato, you’re going to Since Trump is a ready-made carica- Romania, Swabia, Finland, Italy, make our problems great again. We ture, it is no surprise that the America Moldova, Luxembourg, Switzerland, totally understand it’s going to be First videos have gone viral. Most are Bavaria, Morocco, Germany, India, America first, but can we just say, The little gems and some give very interest- Poland, Croatia, Australia, Spain, Netherlands second. Is that OK? ing snippets about their country and its Austria and Mordor (Tolkien’s Middle Soon it was available on both You- own peculiar humour. Earth in Lord of the Rings). Tube and Facebook and had clocked up New Zealand was next with their spoof One website where all the videos a total of 48,681 views – and was at video and Slovenia; Czech Republic; can be accessed from a world map is nearly ten million when Noseweek went France; Iran and Hogwarts followed the everysecondcounts.eu/index.html to press. trend. The contribution from our neigh- By Nicci van Doesburgh

NOSEWEEK March 2017 11 Keeping it in the family: Bathabile Dlamini (left) and Nkosazana Dlamini-Zuma Nkosazana Zuma’s evil shadow

HE COMPANY THAT DISTRIBUTES your sins immediately, put Treasury in defence, no matter what. Her empathy millions of state social security the picture, and then commence negoti- is guaranteed because she, too, has been grants has not only the govern- ating the best possible deal with CPS for found to be a thief of public funds: in Oc- ment but all South Africa hang- the shortest feasible period. tober 2006, she was convicted and fined ing from a cliff. A snag: by concluding such an enor- after pleading guilty to fraud involving TOver the past year Cash Paymas- mous deal without having gone through parliamentary travel vouchers worth ter Services (CPS), a subsidiary of the an open tender process, they will be R254,000. US-based Net1 Group was responsible breaking a number of laws and regu- More recently in New York she made for distributing R130 billion (close on lations. Trengove suggested they plan the news with her line that “all of us in R11bn a month) on behalf of the state to to rectify that situation in the shortest the [ANC] NEC have our small skel- 17 million South Africans – 30% of the possible time and, in the meantime, etons and we don’t want to take all the population – who are dependent on the approach the Constitutional Court to skeletons out because hell will break grants for their survival. condone the interim arrangement with loose”. (She had been asked to comment But on 31 March the company’s con- CPS. on revelations surrounding Zuma and tract comes to an end. On April Fool’s Instead, the minister ordered the de- the Gupta family.) Day the Department of Social Devel- partment to do none of the above – and Her preference for five-star hotels opment, by way of its division, the SA to keep Trengove’s advice secret. (It and first-class international air travel Social Security Agency (Sassa), was to was leaked to the media shortly before also made headlines last year when it have taken on that mammoth responsi- Noseweek went to press.) Officials anx- emerged that she had spent no fewer bility itself. ious to do the right thing were threat- than 31 nights at the luxurious Oyster But, it can’t. Just weeks before D-Day, ened with suspension by the minister. Box Hotel in Durban, costing several it has finally come clean: it does not The further delay has robbed the de- thousands per night, not long after as- know how to do the job. It has no plan. partment of any negotiating room it serting that R753 was enough for a fam- It is “still considering options”. (Cynics might have had. Wise to this, CPS has ily to live on every month. (Her depart- have noted that its sole achievement has demanded a R1.25 billion increase in it’s ment spent a whopping R121.5 million been to channel tens of millions of public annual admin fee to the department. on travel in 2015.) funds to friends in the IT business.) Less well-known, it has also reserved Further protection derives from the The department has known this for at the right to more-than double the trans- fact that in recent weeks, she has always least a year, but at the direction of the action fee to be charged to social grant been barely a heartbeat away from her Minister of Social Development, Batha- recipients when they use an ATM to other friend, presidential hopeful and bile Dlamini, it has been lying to Parlia- draw their cash – generating more bil- outgoing AU Commission chair Nko- ment and the public about the true situ- lions for CPS and its bankers at the ex- sazana Dlamini-Zuma. ation. pense of the poor. As she did for Jacob Zuma at Man- Already in July last year Noseweek (CPS has also insisted that Dlamini gaung, she plans to do for Dlamini- warned that if Sassa were unable to should not approach the Constitutional Zuma: she has already persuaded the make a smooth takeover, and payments Court, where she – and they – risk being Women’s League to nominate Nkosaza- failed to reach the 17 million people publicly censured.) na Dlamini-Zuma as Zuma’s successor. on time, the consequences could be The ministers of Finance and Treas- On 25 January, the Social Develop- catastrophic. One third of the popula- ury have understandably balked at the ment minister dodged a critical meet- tion would immediately be without the huge wasted cost and at being expected ing of Parliament’s Social Development means to feed themselves. The national to connive at breaking laws they are committee, especially convened so that crisis would be on the scale of war. supposed to police and enforce. she could explain what is to happen That moment might have arrived. As a result they face being fired by come April 1. By its own doing, the department has President Jacob Zuma, who is deter- Instead, the committee was informed no “options” to consider: its only option is mined to protect his ally, even if it pre- on the day that Dlamini was in Addis to contract with CPS to continue provid- cipitates the collapse of the rand and a Ababa at the side of Nkosazana Dlami- ing the service – at whatever price and slide into Mugabedom. ni-Zuma, who was delivering the key- on whatever terms that company may So who is Bathabile Dlamini to en- note address at an international wom- choose to demand. joy such expensive protection? She is en’s conference. The department and its minister have the woman who, at Mangaung, rallied Days later, at a church service in Khut- known this for months. the Women’s League to get Jacob Zuma song, Dlamini likened Dlamini-Zuma to In October last year the department elected President. (She was ANCWL Jesus: “She is both a lion and a lamb”, secretly sought advice from one of South secretary general from 1998 to 2008 and she told the congregation. Africa’s most eminent lawyers, Advocate became president of the league in 2015.) Would you buy a second-hand car from Wim Trengove SC. His advice – confess She is the party hack who springs to his that woman? n

12 Shocking taped conversation leads to Nkandla Leaked phone recording draws spotlight on to fnancial and political ambitions of Zuma’s women. By Martin Welz, Jonathan Erasmus and others

OR THE PAST MONTH THE SOUTH forming an ever-growing network of pa- our possession for some time with dif- African media and many mem- tronage, a parasitic monster attached ferent media houses wanting us to bers of parliament have been in to the throat of the nation. confirm the voice on the recording. The possession of a recording of an ex- As noteworthy: while the speakers in Minister has deliberately not enter- tremely shocking telephone con- the recorded conversation do not identi- tained any journalist about the record- versationF leaked to them via WhatsApp. fy themselves, the originator of the leak ing but has been waiting for someone or None doubt that it is genuine, but all claims in an accompanying note that a media house to publish it. of them – bar one – have been too afraid the woman is ANC Women’s League “We have told every journalist who to go public with it. president and Minister of Social De- has approached us that the onus was Neither of the speakers in the tele- velopment Bathabile Dlamini – Jacob on them and the owners of the media phone conversation – a man and a wom- Zuma’s chief apologist and promoter of house to prove that indeed the voice is an – is identified by name and none of his ex-wife Nkosazana Dlamini-Zuma. that of the Minister.” the recipients of the leaked recording, Nothing in the recorded conversation A strangely undignified and provoca- including Noseweek, has been able so supports this contention. In fact, there tively evasive answer coming from a far to identify either of them conclu- are indicators that appear to point senior minister of state. We take it to sively. (The man is once addressed as to someone else. Several recipients be a denial. Bonga, familiar short form for Bongani, have thought the voice and manner of True or false, in this age of spook a very common first name.) speech are similar to those of Dlamini. versus spook, the naming of Bathabile The drift of the conversation is so As many have said it is not her voice. Dlamini raises questions about the tim- scandalous that publication must se- Noseweek approached the minister ing and purpose of the leak, were it to riously damage the reputation of any- for comment and received the following be linked to the Minister of Social De- one positively identified as one of the reply from her spokesperson, Lumka velopment. speakers. Oliphant: “The recording has been in Apart from being Zuma’s chief apolo- From the conversation it can be de- gist and long-time promoter, right now duced that the man is close – but sub- two issues have put Dlamini centre servient – to the woman, who appears The recorded stage: her frighteningly brazen misman- to rely on his professional competence agement of the country’s massive social to draft a document, and on his knowl- grants programme, and her role as main edge of KZN politics and legislative conversation draws promoter of Nkosazana Dlamini-Zuma structures. as candidate to succeed Jacob Zuma. The woman speaks with authority, renewed attention [See previous story.] spends time staying in the presidential Whatever the motive for leaking it, or compound at Nkandla, and is so closely who exactly the speakers are, the taped connected to President Jacob Zuma and to the extraordinary conversation is undoubtedly newswor- the KZN ANC leadership that she be- thy and deserving of publication in the lieves she can rely on their intervention protection enjoyed public interest. to support her devious money-making It appears that the conversation like- plans. ly took place late in November 2016. A Even while the speakers remain by Zuma’s ‘extended female member or close associate of the nameless, their recorded conversation extended Zuma household is gleefully dramatically draws renewed attention family’ and their money- cooking up a plan to get control of all to the extraordinary protection enjoyed KZN school feeding schemes – so that by Zuma’s “extended family” and their she can divert a big chunk of the budget money-making schemes; as a result making schemes for those schemes into her own pockets. they are all eager to serve uBaba, while In the recording she can be heard

NOSEWEEK March 2017 13 explaining how she expects President who were trained at least in hygiene are on holiday, to not even sleep think- Zuma and some eminent KZN ANC and in this and in that. ing “holidays” only, but that you try to leaders to facilitate her plans – and Male: Yes. No, I think ma… [inter- put one or two things [in motion], be- that she has to have those plans ready rupted]. cause now I have this advantage of that for presentation to the President before Female: Do you see what I mean? I am not the President yet. You see? he leaves Nkandla on 5 December. Male: You know, how we could do it is Male: Oh, so uBaba is in it? [inter- She explains how a company called that the House of Success should have rupted]. House of Success, which Noseweek has an MoU [memorandum of understand- Female: I want… [cuts short to an- since learnt is controlled by a woman ing] with … I know that the Nutrition swer question]. Yes I want it [so] that close to the President, would profit if Programme of KZN right now, is being I have [it on] one page, so that when I certain regulations were to be hurriedly held by the Premier’s Office directly. It present it to him, I can say, ‘this is what changed. was formerly Education, but now it is we want to do’ … and I want to a,b and In the conversation, she refers to “Zi- with the Premier’s Office. c. You see what I mean? kalala” and “Willies” as needing to be Female: Yes. Male: Ja, I hear you. I can quickly consulted. Sihle Zikalala has since No- Male: Yes. So what you could then do scribble something and look through vember 2015 been chair of the ANC in is, you could get … [stutters] … Zikalala their policy, so that it’s in line with their KZN. Willies Mchunu, his deputy chair to speak to Willies, right? policy. Then … [interrupted]. last year became premier of KZN. Female: Yes Female: Exactly! In a nutshell, the woman speaker Male: …so that we could have an ex- Male: ... ja, then we come straight says she would like to create an “asso- isting MoU between House of Success to Nkandla afterwards. Just after I’m ciation” which will be awarded govern- and the Department. So then, we [inter- done with the [stutters] … holidays. ment tenders to run school nutrition rupted]. Female: [stutters] You, you, you do and feeding schemes. Female: Yes. what you have to do now if there is She suggests legislative amendments Male: …. Ja, we create an amend- something specific [inaudible], then to the Nutrition Policy as well as the ment to the policy .. err … of the Nu- email me, because I have access to introduction of regulations which will trition Programme, to include issues of emails here. Indeed I want to have it require that any “association” wishing hygiene, to include issues of accredita- that by the time uBaba leaves here be- to be awarded tenders for school nu- tion through House of Success. fore the 5th, that this will have been trition schemes should be required, by Female: Yes. put together. regulation, to undergo a training course Male: [concurs]. Male: No problem, Ma. I will do it for on hygiene – one that the House of Suc- Female: So, I want to think about you. cess will provide for a fee. that money then my boy, about the Female: Okay then boy, think The recording begins mid-sentence: money we’ll make … where will it van- through it properly. Female voice: … and if we make it ish/stem from? Male: Okay, thanks Ma. an association … Male: Well, it will come through… Female: alright then ‘sho’. Male voice: uh huh. [interrupted]. Male: Bye. [end of conversation]. Female: err … I want us that every- Female: …and, and, and you know A company search reveals that the body who will be given [school] catering that once we create this association … House of Success Academy was regis- [jobs or contracts] must be … accredit- once they [stutters] are are are accred- tered on 27 October 2016 and its direc- ed. You see? Accreditation should mean ited what we’ll do is that we make it co- tor is Priscilla Nonkululeko Mhlongo. they must undergo a certain training. incide with what we’ll create/mandate Mhlongo is a Pietermaritzburg busi- Male: Okay. that all schools that operate through nesswoman, who is mother of two of Female: And then, the market that the department must have kitchens. Jacob Zuma’s daughters. (The elder at- I am aiming at, the focus that I’m on, Male: Yes. tended her father’s inauguration.) Bonga my boy, is that I want all the Female: And those kitchens are In Feb 2010 the Mail&Guardian people that have gotten a tender for …. what? [rhetorical question] Mobile quoted Mike Zuma, the President’s ummm … for school feeding … kitchens! younger brother, confirming that al- Male: Yep? Male: Yes. though Mhlongo was not married to the Female: … that those people be peo- Female: We are entering it through President, she is “well respected in the ple who have undergone training. the nutrition and hygiene. family”. Male: Okay. Male: Yes, true, in fact I think that’s “She is our mother. She visits Msholo- Female: Because I want to … I want actually a very [inaudible, due to cough- zi’s [Zuma’s clan name] home during to shut it down [clinch/secure it?], neh ing by female] plan. Err, I think you functions. She was there in December. … but that’s a secret between me and might want to have an unofficial meet- I don’t understand why people make you. I just to to … to … to … close it, so ing with those people that I have men- noise about this issue,” he told the that it becomes mine. It’ll be mine. tioned earlier … err … M&G. Male: Ohhh … okay. Female: [concurs] In the same week, The Mercury re- Female: But how do we then do it? Male: … to ensure that they too are ported that Mhlongo had opened an We must regulate it. The regulations on board, I think that it’s a very valu- upmarket restaurant in the Pietermar- that go into it must also include, that able proposition. tizburg CBD, and had a contract with those people must have been people Female: So I want you, whilst you the legislature, providing MPs with

14 meals during committee meetings and House of Success Academy is situated was the first (and only) opposition sittings. at 310 Prince Alfred Street, Pieterma- party to react publicly to the recording, The report continued: “While there is ritzburg. believing as they do that the woman no suggestion that Mhlongo’s relation- A brochure they kindly provide sets speaking is the Minister of Social De- ship with the President helped secure out all the courses offered by House velopment. In a statement issued on 22 the contract, some in the legislature of Success. They include safety in the January, by party spokesperson Sabelo were concerned that such an inference home, health and hygiene, nutrition, Sigudu, they called on President Zuma would be drawn if The Mercury pub- menu planning and cooking lessons. to “do an ethical thing and remove from lished the story.” House of Success has, since last year, office the minister of Social Develop- However, just days later, Sapa report- been registered with the Culture, Art, ment, Bathabile Dlamini. ed that the R1.3m contract awarded Tourism, Hospitality, and Sport Sector “[She is] clearly heard outlining her to Mhlongo’s company Bucebo Gen- Education and Training Authority. latest defrauding strategy... eral Trading in the 2008/9 tax year Assistant KD Zondi tells Noseweek “What is more disturbing is that she to provide snacks and lunches at the that, while they offer Skills Programme draws the name of the President … into provincial legislature was part of the Certificate courses, they are not in- all of this …” legislature’s irregular expenditure of volved with the KZN government or the The NFP called on all those men- R19,017.025 for catering during that school feeding scheme. tioned in the recording to “come out and year. Noseweek called Mhlongo for her state their position in this latest saga.” “The legislature broke the law by comment. Challenged by Noseweek on his iden- awarding the catering tender to Mh- Noseweek reporter: I want to tification of the speaker, Sigudu, who longo before the expiry of the 21-day speak to you about a recording doing is also based in Pietermaritzburg, re- period for review. The tender was also the rounds. iterated that he was confident that he not advertised in the Government Ga- Mhlongo: What recording? had correctly identified her, and that he zette as required by the Treasury regu- Reporter: It’s a recorded conversa- had identified the source of the leaked lations.” tion in which your company is referred recording who, he said, worked “in that By 2015 the SABC was referring to to. It basically talks about a plot to get department”. He refused to elaborate. her as “First Lady Nonkululeko Mh- money from the school nutrition pro- Democratic Alliance Shadow Min- longo-Zuma” when reporting a speech gramme. People believe it’s you. Have ister of Social Development, Bridget made at the launch of her 15-year-old you heard this audio? Masango, said she had listened to the daughter, Nomcebo’s Jano Zuma Foun- Mhlongo: I cannot help you because recording and believed the voice could dation. I don’t know what you are talking well be that of Bathabile Dlamini. Ma- She was quoted saying: “With the about. Goodbye. sango is also a Zulu-speaker and from foundation, Nomcebo has introduced Reporter: Let me let you in on it … the same region as the minister. her idea, Music On Wheels, where she Mhlongo: Goodbye, goodbye. [hangs Masango commented: “These revela- wants to buy a truck and load musical up]. tions of someone using her proximity instruments which will be supplied to The National Freedom Party (NFP) and access to government resources to rural poor schools. enrich herself, inspire unspeakable out- “Like her father, President Jacob rage. The fact that this person can con- Zuma, she taught herself to play musi- jure up a whole scheme to “close” the cal instruments.” entire school nutrition value chain for Nonkululeko Mhlongo and a certain herself through House of Success is bad Sizwe Zuma – variously described as enough – that the KZN premier and a son or nephew of the President – are The National Freedom ANC chairman might have agreed to trustees of the Jano Zuma Foundation. change the province’s policies for that Where might its funding come from? A Party called on express purpose is simply beyond com- report from News24 in July 2016 allows prehension. one to make an educated guess: The DA is to table questions in Par- “South African Airways (SAA) chair- President Zuma to do liament on the issue. person Duduzile Myeni [another Zuma Retired educationalist Les Stanley favourite and trustee of his personal the ethical thing and who has worked exclusively with deep Foundation] last year requested that rural schools in KZN for nine years said the troubled airline’s chief procurement it would be a “travesty” if such a plot officer add the name of Sizwe Zuma to remove the Minister of existed. a list of potential new jet fuel suppliers. “This would be greed at the expense SAA’s jet fuel contracts are worth some Social Development, of the poorest of the poor. The cooks at R10bn per year.” schools are often illiterate or semi-lit- Sizwe Christopher Zuma is a director erate family members who are earning of a company called Sokhulu Petroleum Bathabile Dlamini. an honest buck. They cook on three-leg- SA. He chose not to respond to News24’s ged pots in the open. If they suddenly inquiries. needed to be accredited they would be From Facebook we learn that The unemployed,” he told Noseweek. n

NOSEWEEK March 2017 15 We’ve been tarred and feathered The great road robbery equals billions of Nkandlas. By Ciaran Ryan

T’S LONG BEEN KNOWN THAT SOUTH it was also agreed that those firms not four to 23km, including bridges and African motorists have been fleeced interested in winning tenders would other structural work. “They further when it comes to road construc- nevertheless submit “cover bids”, agreed to exchange cover prices to give tion costs, but by exactly how much which are sham bids intended to lose, effect to the allocation arrangements,” has always been a matter of specu- while lending false legitimacy to the says the Competition Commission in a lation.I Now we have a better idea. tender process. The losers would re- 2013 investigation. The Gauteng Freeway Improve- ceive compensation, or “losers’ fees”, The tender for Package A was awar- ment Project (GFIP), originally costed from the winners. ded to Group Five, Package B was at R4.6 billion in the mid-2000s for When it came to the Gauteng awarded to a consortium led by Wil- a 340km upgrade, ended up costing Freeway Improvement Project, the son Bayly Homes Ovcon (WBHO), and just shy of R18bn for 193km. After Competition Commission found that Package E was awarded to a consor- a year-long study involving whistle- Concor, in joint venture with Stefa- tium headed by Group Five. blowers, road engineers and quantity nutti, agreed with W B H O Construc- The projects for Package A, B and surveyors, the Organisation Undoing tion (Pty) Ltd in 2006 to carve up the E were completed in 2010. Package A Tax Abuse (Outa) concluded that the various construction projects among was an 18km stretch of highway on the 193km freeway improvement project themselves. The project was divided N1 from the Golden Highway to 14th should have cost no more than R8bn, into “packages” ranging in size from Avenue in Roodepoort, and from the even allowing for cost escalations and other contingencies. That’s a R10bn overcharge, enough to build 40 Nkandlas. The client in this case was none other than SA National Roads Agen- cy (Sanral), which paid an average of R86.6m per kilometre – between two and three times what compara- ble roads in Africa (and South Africa) would cost. If the R10bn cost overrun is cor- rect – and several industry insiders claim it is – how did the construction companies pull it off? And why are no construction executives in jail for this swindle? In 2006 there was a secretive road contractors’ meeting attended by Basil Read, Concor (part of Murray & Roberts), Haw & Inglis, Grinaker LTA and Raubex, where the collud- ers agreed to allocate tenders for the construction of roads. At this meeting

16 Uncle Charlie’s intersection near Soweto, to Diepkloof. Package B was a 21km project extending from 14th Avenue to Buccleuch in Johannesburg North. Package E was further sub- divided into three sections totalling 28km, forming a ring road to the south of Johannesburg. Package E (Group 5) came in at around R150m/km, when Outa calcu- lates it should have cost a shade over R60m. Package B (WBHO) came in at over R100m/km, when Outa’s calcula- tions suggest a cost of no more than R40m/km. Package A (Group 5 again) came in at a cost of just less than R80m/km, while Outa costs it at half this. Philani Mavundla – Zuma’s Nkandla friend Work package I, involving a 10km stretch of highway on the R21 from Gillooly’s to Rietfontein, came in at a collusive practices, SA National Roads resurfacing existing roads, he says cost of R95m/km, nearly three times Agency (Sanral) did its own inquiry this portion of the project should have the R32.5m that Outa estimated it and last year concluded that construc- cost no more than R1bn. should have cost. This tender was tion companies had overcharged them What about the 38% of the project awarded to CMC G4 Joint Venture, by R750m, though not all of this was involving construction of new roads? led by the Italian CMC group, which GFIP-related. Zietsman says this should have cost is also part of the CMC Impregilo Ma- Hogwash, cried Dave Zietsman, a no more than R1,666/m2 or R2.3bn in vundla joint venture involved in build- civil engineering contractor with 47 total. Add another R1.6bn for the 47 ing Eskom’s Ingula pumped storage years’ experience working on road pro- new bridges built, and the 134 existing electricity project in the Little Drak- jects in SA and elsewhere in Africa. He bridges widened. Then throw in R1bn ensberg. That project nearly trebled obtained the key quantities published more for lighting and median barriers, in cost to R26bn over the course of by SA National Roads Agency (San- and the total construction cost should construction. (But then, readers might ral) in its scope of works Items for the have been R5.9bn. Outa fattened this recall, Philani Mavundla, member of Gauteng freeway projects and did his even further and came to a plausible the CMC consortium, kindly offered to own calculations. He concluded that construction cost of R8bn – nowhere raise funds to pay for President Jacob the resurfacing of the existing roads near the R18bn Sanral paid. Zuma’s Nkandla residence.) should have cost no more than R325/ In a recent Carte Blanche pro- Less well known in all this is the role m2, even allowing for road strengthen- gramme, the colluders denied wrong- of the the South African Forum of Civ- ing, cost overruns and contingencies. doing. Sanral, too, says the Outa study il Engineering Contractors (SAFCEC), Since 62% of the project was merely is a rehash of an old study done a year an employers’ body that speaks for the ago, and makes incorrect comparisons, industry and sets standards of pro- while falling into the trap of general- fessionalism and ethics for members. We paid an ising complex engineering projects. When the Gauteng freeway tenders Zietsman was ready for this, and were first issued, members report- pulled out an international compari- edly leaned on SAFCEC to strong-arm average of son. One of the projects he worked on Sanral to change some of the tender was the 85km Addis Ababa-Adama specifications to better suit their in- six-lane freeway in Ethiopia. Complet- terests and their pockets. R86.6m/km, when ed in 2014, it cost R1.541/m2. Compare Then there is the Construction In- this with the average R2,486/m2 paid dustry Development Board (CIDB), for the Gauteng freeways. That means a statutory board set up in 2000 to comparable roads we paid an average of R86.6m/km, promote “efficient and effective infra- when comparable roads elsewhere are structure delivery” and develop the costing R30m to R40m. emerging sector, among other things. elsewhere are Closer to home, the 32km Tono- One wonders where these bodies ta-Francistown road in Botswana, were when the construction compa- which involved substantial earth and nies were looting the country. costing structural works, came in at a cost of Following the Competition Com- around R30m/km. The contractor was mission’s findings that the price China Railway Seventh Group. of the GFIP was inflated through R30m to R40m Even the Americans build cheaper

NOSEWEEK March 2017 17 highways. The 22-lane Katy freeway in Texas – which involved the reloca- tion of railway lines – came in at near- Reason defeats illogical boondoggle ly half the cost per square metre of the ANRAL HAS HAD A ROUGH RUN OF NEW ON THE SHELVES Gauteng freeways. road declaration to be set aside. China recently completed the things in recent times. Last year Outa (Organisation Undoing Tax 2,787km International Transit Corri- Sthe City of Cape Town challenged Abuse) has since laid charges of The latest non-fi ction dor between China and Russia’s bor- its attempts to introduce tolling on perjury against Alli, who has va- der with Europe at 40% of the cost of the Cape N2 Winelands route, argu- cated the CEO position in favour of the Gauteng freeways. ing that Sanral had not followed cor- Skhumbuzo Macozoma. must-reads. “Once you have competitive bidding rect procedures. The Western Cape Noseweek has since learned that in a construction project where the big High Court agreed and threw San- Sanral has abandoned plans for the South African companies cannot rig ral’s case out of court. De Beers Pass bypass route, which the game, you will find that the bid- The damning judgment cited San- would shave just 14km off the jour- ding is competitive,” says Zietsman. ral’s former CEO, Nazir Alli, who ney from Johannesburg to Durban “This is why they want to keep the claimed to have had board approval at a cost of R10 billion, but would Change Chinese construction companies out. for the Winelands route, but could bypass – and therefore kill off – the They would be too disruptive to the not produce it in court. town of Harrismith. In this book, Jay Naidoo explores ways of solving some of club.” Alli’s assertion that the board had l Noseweek has reported exten- the world’s biggest problems. His message is unequivocal: The 2013 Competition Commission passed the requisite resolution was sively on this illogical boondoggle signifi cant action must be taken immediately if we want investigation into collusion in the “so far-fetched as to be untenable” and would like to think it had a part construction industry focused on just the court ruled, granting the City of to play in this victory for common future generations to live in a world that we take for 300-or-so projects, which included the Cape Town’s application for the toll sense. – Ed. n granted today. Gauteng freeways. The investigation did not cover the 10,000-odd projects that defined South Africa’s infrastruc- social development over 12 years, and Sanral claimed it had been over- ture boom between 2002 and 2010. to accelerate transformation of the charged by construction companies. Due to the sheer workload in wading sector. Only a portion of these penal- “I bet these firms will receive black through so many projects, the Com- ties relate to GFIP. empowerment points for this spend, mission opted for a “fast-track” set- This collective fine of about R3bn – and will still be eligible to tender for tlement process which allowed guilty of which half is payable by seven firms future public sector projects,” he says. firms to come clean of their own accord over 12 years – amounts to a slap on “Where are the jail terms for the par- in return for leniency. the wrist when compared to the bil- ticipating executives, such as has Three firms opted not to accept the lions that have been siphoned off the happened in Brazil over the Petrobas Unless there Commission’s fast-track settlement of- Gauteng freeway project, says Outa scandal? Available fer. They were Group Five, Construc- chairman, Wayne Duvenage. “The point that is being missed in April is signifi cant tion ID and Power Construction. The Discount that over 12 years at a 6% about the massively inflated costs of Commission said it would investigate discount rate, and the present value the Gauteng Freeway project is that and prosecute these firms based on ev- of this penalty comes in at around we are now saddled with an e-tolls change, the idence gathered during its investiga- R750m – curiously, exactly what system that is completely broken, with tion. Group Five’s role is noteworthy compliance levels of about 20%. world is heading because though it sat in on bid-rigging “E-tolls are dead. Sanral collects The Executive The Upstarts Dreams, Betrayal for an explosion. meetings, it decided not to go along around R70m a month from the 20% Update New York Times and Hope with the plans being hatched with its Where are the that pay their tolls, virtually all of The ideal book for people bestselling author of In this searing critique competitors. It then turned snitch and which goes to Austrian-owned com- who want an easy way The Everything Store of what’s gone handed over evidence of bid-rigging to pany ETC, which administers the sys- to keep up with the latest Brad Stone takes us wrong in the public the Commission, though it had fore- jail terms for the tem. Had we built these freeways at a developments in business deep inside the new and private sectors, knowledge of the bidders’ cover pric- more reasonable price, we would have and management Silicon Valley to reveal Mamphela Ramphele es and managed to snag some of the participating opted for a different revenue model thinking. Perfect for how Uber, Airbnb and turns to the tenets of juiciest bits of the Gauteng freeway which would have been reasonable junior managers and other companies are black consciousness project. and practical.” senior executives alike. sparking a cultural and argues for an Based on the sample of 300 pro- executives, such We now know that bid-rigging was upheaval through ‘emotional settlement’ jects investigated by the Commission, going on as early as 2006, and prob- technology and to heal the trauma penalties totalling R1,46bn were lev- ably much earlier. The colluders have changing the world. of colonialism and ied against 15 firms for collusive be- as has happened issued their mea culpas, changed a apartheid that still Also available haviour. Four of these firms agreed few personnel, and moved on. This ravages both black as ebooks. to penalties exceeding R300m each: raises the question: what was the cost and white communities. Wilson Bayly Homes Ovcon (WBHO), in Brazil over the to the economy of bid-rigging in the AVAILABLE IN Murray & Roberts, Stefanutti Stocks construction and engineering sector? BOOKSTORES AND ONLINE. and Aveng. The colluders agreed to Petrobas scandal? Certainly more than the R3bn penalty www.penguinrandomhouse.co.za pay a further R1.5bn commitment to imposed on the guilty companies. n

18

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Change In this book, Jay Naidoo explores ways of solving some of the world’s biggest problems. His message is unequivocal: signifi cant action must be taken immediately if we want future generations to live in a world that we take for granted today.

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NOSEWEEK March 2017 19

noseweek advert feb 2017.indd 1 2017/02/14 8:41 AM Petrol consumption fgures pour fuel on Ford’s fre Doughty widow challenges advertising claims. By Jack Lundin

OUGH TIMES FOR FORD SOUTH Africa. First, that embarrass- ing business when some of their cars kept bursting into flames. Now it’s fuel consumption. A 74-year-oldT Cape Town widow, getting no satisfaction over her complaints of excessive fuel usage by her budget Ford runabout, has mandated attor- neys to “institute an independent pub- lic investigation into the practice of misrepresented fuel efficacy figures in the motor industry”. In January Ford SA recalled more Ford Kuga than 4,500 of its 2012-2014 1.6 Kuga SUVs after one death and 46 con- firmed fires, 11 in January alone. The such mathematical mysteries as the litres/100km, nearly 23% higher than apparent cause: cracking of the en- exactness of the sequence of homotopy what Wilson described as “Ford’s pub- gine’s aluminium cylinder head, leak- groups, much missed by his students lished figures” and 29% more than the ing oil into a hot engine compartment and colleagues in the university’s To- 6.6 litres/100km in the car’s spec sheet – and conflagration. pology and Category Theory Group. given to Cherenack by Imperial Ford. When Marie-Anna Cherenack went If staff of Imperial Ford were lulled “Bearing in mind the steady driv- shopping for a new car in 2013 the into the picture of Marie-Anna Cher- ing manner used, the specification foremost thought in her mind was fuel enack as a dear old granny babysitting should easily have been reached – if efficiency. And when she paid a visit to her beloved grandchildren at her home the claimed consumption figures were the Imperial Ford franchised dealer- in Tamboerskloof, they soon discov- achievable,” reads the expert’s report. ship in Cape Town, she was impressed ered their mistake – Prof Cherenack’s “Testing more than one Ford Figo will by the spec sheet for their Ford Figo widow has maths skills of her own. most likely see similar test results.” 1.4 Ambiente, a facelift version of the Alarmed at the frequency of her visits Wilson’s asessment makes this dev- Fiesta. The specs claimed a fuel con- to the petrol station to top up the tank astating conclusion. “Claimed con- sumption rate of 6.6 litres per 100km. of Ford’s latest budget offering, she sumption figures are not achievable as Just what I’m looking for, said Cher- dug out her calculator and proceeded published on the Ford website. Infor- enack, slapping down R90,000 cash for to conduct her own fuel consumption mation published by the manufactur- the white Figo (recommended retail test. The result: far from 6.6 litres per er in regard to performance and con- price R118,670). 100km, her Figo was sucking up juice sumption has a major influence in the German is Cherenack’s mother at the rate of 10 litres per 100km – choice a customer makes when pur- tongue, and in addition to that nation’s 50% more than the claimed rate. chasing a vehicle. If this information is obsession with exactness, her late hus- Cherenack called in an expert to con- not accurate then the customer is not band was Paul Cherenack, Professor of firm the accuracy of her calculations. getting the vehicle intended within Mathematics at the University of Cape The assessment of her Figo – conduct- the confines of what was advertised.” Town. Prof Cherenack died in 2002 at ed in a 62.4km road test on a varied Cherenack shares her late hus- the age of 59, his quirky sense of hu- elevation route by technical specialist band’s loathing for bureaucracy, which mour and passionate tirades against and insurance assessor Gary Wilson – she was not slow to articulate not so bureaucracy, as well as his pearls on revealed a consumption rate of 8.531 long ago as branch executive mem-

20 Ford Figo ber of the Ray Alexander branch of uniform conditions and are not nec- wanted to know from us whether she the South African Communist Party. essarily indicative of real-life driving would be sued. It’s a marvellous story: She took Cape Town’s then executive conditions. Ford has done this and in the end it’s mayor Dan Plato to task for school “The actual fuel consumption and been condoned by the Ombudsman, overcrowding in Hout Bay’s Hangberg emission levels will depend on many who is meant to protect the consumer.” (60 pupils per class) and the “apparent factors including driving habits, pre- Imperial Ford is part of Impe- double standards” in service delivery vailing conditions, vehicle equipment, rial Auto, South Africa’s largest auto for impoverished communities, com- condition and use… We cannot sup- retailer and distributor. Asked for pared to that enjoyed by the wealthier port your expectations and will be comment, Imperial Ford’s MD Michael residents of Hout Bay. closing our file accordingly.” Glassberg, requested questions in Faced with Imperial Ford’s “very In other words, the impressive spec writing. After stating that he required nonchalant” attitude, she mobilised sheet that Imperial Ford gave Cher- 72 hours to respond, Glassberg relent- Bliden Campbell Attorneys Inc, who enack to clinch the sale of their Ford ed and said: “We are not in a position told the car dealership that the claim Figo was meaningless. to disclose any information pertaining of 6.6 litres/100km was a “fraudulent Cherenack’s attorneys Bliden Camp- to a transaction between Ms Cher- misrepresentation clearly designed to bell informed the Ombudsman that in enack and our dealership to external mislead” in terms of sections 40 and view of MIOSA’s “unprofessional han- sources.” 41 of the Consumer Protection Act. Af- dling of this matter and apparent in- l In a “challenging” trading envi- ter a lot of to-ing and fro-ing Imperial clination to support an unlawful prac- ronment, Imperial Holdings last year Ford suggested that Cherenack trade tice” Cherenack had mandated them recorded an operating profit in South in her Figo and pay them an addition- to institute an independent public Africa of R3.7 billion on revenue of al R79,467 for a 2015 Fiesta 1.4 Ambi- investigation into the practice of mis- R66bn. The CEO is Mark Lamberti, who ente. Cherenack rejected the offer. represented fuel efficacy figures in the arrived at Imperial in 2014 and set a She turned to the Motor Industry motor industry. much-lauded approach to executive pay Ombudsman of South Africa (MIOSA), The reclusive Marie-Anna Chere- by allocating his first year’s salary of who rejected her complaint last year. nack has no comment to make to R7.4m to a scholarship fund for children “The declared fuel consumption and Noseweek. of long-serving employees earning less

CO2 emission figures will be achieved “She doesn’t want any form of har- than R600,000 p/a. during technical laboratory testing in assment, she insists that we act on This grand gesture, which left Lam- accordance with the legislated tech- her behalf,” say her attorneys Bliden berti to live off investment income (his nical specifications,” the body’s case Campbell, who decline to discuss the portfolio included 450,000 Imperial managers reported. status of this probe. The law firm’s shares), did not prevent him from ac- However, they added that this labo- director Wayne Campbell says: “Mrs cepting performance-related compensa- ratory testing only created “a stand- Cherenack is incredibly cautious. tion of more shares to be held in escrow ard against which fuel consumption “She was aggrieved and wanted the with an expected value of R15m in 2018. and CO2 emission figures can be com- consumer to know about her experi- That’s if sales don’t take too much of pared to different vehicle types under ence [with Imperial Ford]. But she a dive. – Ed. n

NOSEWEEK March 2017 21 SWEET TALK

A brand of purportedly diabetic-friendly agave nectar being sold in South Africa is actually just fructose syrup – putting lives at risk. By Jonathan Erasmus Puren

HE SOUTH AFRICAN ORGANIC FOOD For the past 10 years Neary has industry has been taken for a bit- been involved, one way or another, ter ride for at least eight years by in the “agave” industry. Up and until a foul-mouthed Eastern Cape 2006 he was the production manager conman who even made a name of the Agave Distillery in Graaff-Rei- forT himself as subject of a story about a net until he resigned “after a dispute”. lovers’ bustup in Die Kaapse Son. This is He was accused of theft and dishones- according to a scorned ex-wife, former ty but responded by pointing a finger employees and the United States De- back at his former employer, accusing partment of Agriculture (USDA). him of waging a vendetta against him. Brian Neary, 54, claims to trade in After an 18-month gap, Neary growers in Korogwe, Tanzania and in the agave plant – a succulent native to popped up at 90 President Street, the Great Karoo area of South Africa, Mexico that is also used in the making Bothaville in the Free State, operating we source our supply of Blue Agave of Tequila – selling it into the organic his agave organic produce business. plants from wild plantations that food market where it is used as a hon- By 2010 he had moved to St Fran- have remained untouched for hun- ey or sugar substitute. cis Bay and increased his product of- dreds of years.” But the mini-empire built by Neary, fering while also selling online. The There is no publicly available evi- a resident of the plush Marina Marti- status quo remained throughout 2011 dence that such an operation exists. nique Estate in Jeffreys Bay, is built to 2014. It was during this time he The USDA fraud notice announce- upon an elaborate con. concocted a plan to create fraudulent ment was made on 5 August 2014. It Noseweek has learned that Neary certificates. The first, was from a glob- named Maguey Agave (Pty) Ltd and operated twice on fraudulent USDA al organic certifier, EcoCert, claiming Brian Neary, as the “CEO”, noting organic certificates, that his legal or- he was harvesting organic agave in the factory’s St Francis Bay address. ganic certificate obtained in Novem- Korogwe, Tanzania. It said the fraudulent certificate ap- ber 2015 was suspended in November The certificate claimed that the peared to have been issued in January 2016, and that he bought Tongaat-Hu- Agave Group, which was Neary, trad- 2012 in Dar es Salaam and was valid lett-branded sugarcane fructose which ing locally under the name Maguey until 2014. he made into syrup and packaged as Agave (Pty) Ltd, had under plantation According to Neary’s fake certifi- agave. This, he sold on to national re- 8,200ha of agave near “the Old Sugar cate, he was allowed to produce agave tailers and distributors such as Na- Mill, Julius Mvende Street, Korogwe, sugar crystals, syrup, inulin and inu- ture’s Choice and PecanHealth. Tanzania”. lin powder as well as Maguey Xylitol Not one agave farmer in the Graaff- From 2012 until September 2015 syrups and cocoa power. Reinet region has sold Neary agave in his company website said: “The Agave But despite the fraud notice Neary the past 15 years, but he has continued Group has two production facilities continued to operate his business. to trade on his suspended certificate – in Tanzania and by working in close He created another fake certificate and was still doing so last month. relationship with local farmers and and claimed to be licensed by the glob-

22 ber, a new listed address in St Francis Bay and new telephone numbers. He was on the prowl for a third certifi- cate, except this time he wanted to go legit, and in 2015 approached another global organic certifying company that could give the treasured USDA rating – Control Union. By this stage he had already found an unused agave plantation outside Graaff-Reinet being grown on Kom- madagga Farm, owned by Koos Mool- man. Oom Moolman’s forefathers had planted the Garingboom, – the local name for agave – and used it as feed for livestock during drought. In 2013 Neary told Moolman they could produce agave nectar using his stock, made promises of cash and signed a contract. Neary told Moolman he didn’t need the stock immediately. Control Union was told that SFD was an “upstart” in the agave sector. The inspectors checked the factory, where workers had quickly and quiet- Brian Neary ly hidden the Tongaat-Hulett fructose bags. They also inspected Moolman’s farm – the apparent source of the aga- syrup. He still claimed to produce Xy- ve. All looked legal. Neary obtained litol products derived from “wild plan- the certification on 10 September 2015 tations” of Birch trees. – just seven days after the previous But in November last year Con- one was publicly released. Moolman trol Union suspended the certificate. had no idea his farm was being used Sources maintain that the Portuguese as a front. inspector sent to view the plant was Neary was legally allowed to pro- purposely kept away from the factory, al organic certifying body, OneCert, duce agave inulin fibres, powder and while an audit revealed that, despite claiming that he was USDA-approved claiming that the operation produced from June 2014 to June 2015. agave throughout the year, not a sin- This certificate claimed Maguey gle plant from the accredited farm met the criteria for “India’s National had been harvested. Programme for Organic Production The inspectors Moolman confirmed that not one of Standards, considered equivalent to his plants had been dug up. the requirements of USDA’s National “He [Neary] told me his relationship Organic Program”. checked the with his previous supplier of agave, The USDA, under the “Fraudulent Tim Murray, didn’t last. We signed a Organic Certificates” section on its factory, where contract in 2013 and another in 2016 website, flagged this certificate as but we were never a commercial ven- false on 3 September 2015, naming ture. He said he was currently sourc- Maguey Agave again. workers had ing his product from somewhere else. The Tanzanian operation remained “According to Neary the contract was a bedrock of Neary’s sales pitch un- quickly and to reserve the agave in the future. In til October 2015, when suddenly the the latter part of 2016 he started pay- website changed from being home of quietly hidden the ing me a retainer (of R6,000p/m) but the “Agave Group”, as he preferred when Control Union suspended his to be known, to being “SFD – Live certificate, he cancelled the contract Sweet the Natural Way”. Remarkably, Tongaat-Hulett with immediate effect in a manner the entire Tanzanian operation – into that was in breach of our agreement. which he had told staff he invested fructose bags Not one plant was ever harvested,” re- millions of rands – disappeared with- iterated Moolman. out a trace. Not a single farmer in the entire Neary also obtained a new tax num- Graaff-Reinet district, where 450ha

NOSEWEEK March 2017 23 of agave is under cultivation, has ever sold Neary agave in the past 15 years – including Tim Murray. Murray told Noseweek he represents The Agave blues the Graaff-Reinet district agave farm- ers and has “a mandate to encour- GAVE IS A MEXICAN PLANT BEST boiled at a low heat of about 600C age the development of an industry Aknown as the main ingredient of to reduce it to simple sugars called based on the agave plant”. He said Tequila. The plant somehow found agave nectar. One of the main com- the plant’s leaves, pole (from which it its way into South Africa a few ponents when boiled is called inu- flowers once before dying) and heart, hundred years ago and has proven lin or fructosan. The inulin helps or piña, can be sold and all parts have to be a steady supplier of emer- with bowel movement and manag- uses “as diverse as an anti-itch cream, gency feed for farmers in times of ing weight. surfboards and alcohol”. drought. It requires almost no wa- The rest, fructose, is higher in “There have been many inquiries, ter to grow, making the Karoo and calories than sugar and about one- ranging from arts and crafts, biogas, hinterland an ideal climate for its and-a-half times sweeter, but it bioethanol, pickles, fodder, dietary cultivation. has a lower glycaemic index and fibre, inulin and agave syrup. I have at The two main types of Agave are is believed not to cause sugar lev- least one contact regarding the agave Maguey and Blue Agave; locally it els to spike. Diabetics use it as a every month,” said Murray. is known as Garingboom. sweetener and it is often used by “I have been interviewed by the SA The plant is often touted as a Vegans as a honey substitute. Police regarding this issue and have substitute for sugar. It takes be- There is no consensus as to made a statement to the Commercial tween seven and 14 years to grow whether fructose is healthier or Branch to this effect (that Neary has to harvest. Once ready, the leaves better than regular sugar but that not bought any agave from any farms are stripped and the core, known is irrelevant to the organic retail in the Graaff-Reinet for 15 years). as a piña, remains. This is then sector where it has a market. n He recently attempted to contract my plantations but never followed through with the negotiations on the pretext that I wanted too much for my pot, boiling it for 13 hours at 1200C un- who was his previous landlord,” said agave. I have no idea where he pur- til it turned to syrup. We would then Janse van Rensburg. chases his agave,” said Murray. allow it to cool down and mix in 205kg During her time at the company The police confirmed to Noseweek of a lighter syrup, also from Tongaat- they moved the operation from St that Neary is the subject of a criminal Hulett, into the pot, stirring until we Francis Bay to Jeffreys Bay and then investigation. obtained the right colour. We would to Humansdorp where it is now. The reason no agave was harvested then package it. Some would go into By 8 February this year Nature’s for Neary’s production was simple: he Agave Xylitol packets and others into Choice and PecanHealth Natural Food was purchasing massive volumes of Agave Dark Syrup packets or contain- Products – both large operators in the Tongaat-Hulett branded fructose de- ers. Effectively it was the same thing. South African health foods market – rived from sugarcane directly from The only other product we would add were still stocking Neary’s product on their Durban offices – with orders be- is inulin, as this is what people tested the assumption his certification was tween R200,000-R400,000 placed at a for. We never once had an actual agave above board. PecanHealth’s Derek time. In 2016 he bought 1.7tonnes of plant on site,” said Khapzela. Levy said they would assess the mat- inulin, which he mixed into his fake The factory had five 1,000l pots and ter before making any decision on fu- agave syrup from Johannesburg-based one 2,000l pot. ture purchases from SFD. Tate & Lyle South Africa. He bought He said some items such as the Christelle Steenkamp from the the xylitol, which should be obtained Dutch cocoa powder and Xylitol crys- quality assurance department at Na- from the “wild” birch trees, from CJP tals were delivered and re-packed into ture’s Choice said they “do not label Chemicals in Port Elizabeth. bags with the company label. our product as organic”. A former employee, Prosper “Da- The recently resigned bookkeeper/ However, just a day earlier, Steen- vid” Khapzela, who was the produc- personal assistant/secretary, Antasha kamp sent Noseweek – after having tion manager and worked for Neary Janse van Rensburg – who has now posed as a customer wanting to buy for eight years, confirmed that he had approached the CCMA – said that, an organic product – a “Certificate been tasked with “cooking” the fake despite having been employed for five of Analysis – Organic Agave Light agave. months, with her office right next to Syrup” with the Control Union guar- “He said I was a supervisor but in the factory, she was barred from going antee despite the certificate having reality I was just a general worker. We inside it except to use the toilet. been suspended. It is listed under Bio- just mixed the stuff and packaged it. I “We bought directly from Tongaat- Friendly. did the mixing and had no idea we were Hulett in Durban every month and the In their defence, SFD claimed its doing anything illegal. We would re- Xylitol, from CJP Chemicals. It was a products were “certified organic”. ceive fructose in Tongaat-Hulett bags. very quiet operation. The only people In January, Neary’s ex-wife Hanlie We would then mix 750kg of fructose who visited were those who wanted Rothmann, with whom he is entan- into 500 litres of water in the 1,000l money such as Uncle John the Greek, gled in a bitter dispute, sent out an

24 email to a number of his suppliers. “Good day. It’s time for normal peo- ple who buy very expensive Agave Nectar in South Africa to ask: is this the real product. Let me tell you, the only Agave Nectar in the world is Agave from Mexico. Brian Neary, the ‘big boss’ of Agave in South Africa, is a fraud.” Rothmann then listed where Neary bought his products. She ends her email: “No real agave in South Africa. If you want it you need to import it from Mexico.” Glen Thomas, who was once Neary’s national sales manager, is suing Neary for R200,000 which he was awarded by the CCMA in February 2015. Neary claimed Nulla bona [No goods/prop- erty that can be seized] just days later. “He told me he was friends with the late [mining boss] Brett Kebble and [underworld figure] Glenn Agliotti. He would never let anyone into the facto- Bags of fructose, used to make a syrup which is packaged as agave nectar ry, including me. He told me he had a R20m operation in Tanzania growing Agave, on which he only owed R3m. US businesses claiming they, too, have then aged 43, on the SMS chatline He never went to Tanzania in the nine been conned by Neary. In her most Flirtline. He swept her off her feet – months I worked with him. recent post earlier this year she said and then borrowed R15,000 from her, “We were also, unknown to me, op- “2017 welcomes the new victims of the which she never got back. Their fling erating on a fraudulent certificate never-ending Brian Neary Saga”. had ended in a physical fight involv- that claimed we were approved by the Her sleuthing had uncovered an ing the police. According to Die Son, USDA. I found out he was buying fruc- undated article that appeared in the Neary did not deny assaulting Scott. tose from Tongaat-Hulett and selling Afrikaans tabloid, Die Son. It tells the Asked by Noseweek to confirm where it as Agave. He was putting people’s story of a Table View businesswoman he was buying his agave and to com- lives at risk,” said Thomas, who is a who claimed Neary was a “lowlife con- ment on accusations made against his diabetic. man”. The paper quoted Cherel-Maria name and business by his ex-wife and Cape Town promotions company Scott who said she had met Neary, others, he responded: “If you want to owner Caroline Dreyer signed a believe this crazy bitch (Rothmann) 12-month contract with Neary in 2012 you do what you want to do. which he cancelled just three months “Listen, I’ve been making this fuck- in. Dreyer says this was a complete ing product for ten years. I don’t need breach of contract and the extra staff anybody snooping around.” she took on to service his contract had ‘He was buying He said Rothmann was trying to ex- to be let go. Neary commented on his tort money from him by “talking kak” Facebook page in September 2013 fructose from about him. “That is it. Honest truth”. that he finds it “hard to stomach that He claimed it was related to a settle- this person now demands payment for ment agreement from their divorce. work not done” and that the “stand- Tongaat-Hulett “Do what you want to do. I am not ard of her work was far from what we going to talk to you. Don’t fucking expected”. and selling it as phone me again you fuck.” “I lost R70,000,” said Dreyer. “When Noseweek then questioned how he I inquired whether I should sue him, made his product when his certified I was told I needed R50,000 upfront Agave. He was farm owned by Moolman had never for legal fees. I had to let it go. So in- harvested a single agave plant and stead I started a blog about Neary.” putting people’s that no one in Graaff-Reinet had sold In one post she muses: “How unfair is him the plant in 15 years. it that such a slimeball can get away “Listen boet I’ve got my own fucking time and time again with conning peo- lives at risk’ farm where I harvest my own fucking ple? No conscience, no morals and no products you cunt. Go fuck yourself, class”. alright”. He hung up without explain- She claims her site has attracted ing where the farm was located. n

NOSEWEEK March 2017 25 Leuens Botha and the weird weir

N HER AUTOBIOGRAPHY NOT WITHOUT By Stephen Pain a Fight, Western Cape Premier Helen Zille says of her former the order cancelled on the simple colleague (and my neighbour) grounds that the statements made by Theuns Botha: “He had a different the Bothas and their bodyguards were faceI for each constituency, but they a pack of lies. I was looking forward each had the same nickname for him: to exposing the truth in open court by Leuens (Lies) ”. She goes on to describe giving my own version and by show- how, whilst he held a senior position in ing up the whopping inconsistencies the DA, Botha led a secret right-wing in theirs. group within the party, plotting to ei- Fortunately I also had some very ther take it over or destroy it. Leaked helpful video and audio evidence to documents reveal his method, which back me up. But after 18 months – and Zille describes as a “vilification cam- more than a dozen court appearances paign”, with Botha telling his fellow – my application was dismissed. turncoats: “Just make 100% sure you I would like to say much more about remain anonymous. Thanks. Theuns”. those proceedings but they were held This struck a chord because I’ve in camera. This bit of legal Latin lit- been vilified by Theuns Botha my- erally means “in the room” and what self recently. He says that I lit a fire it amounts to is that the hearings are to deliberately endanger his thatched actually held in secret; so I am not free Theuns Botha house, that I drove through his gar- to divulge exactly what happened. den to demolish his outside lights and Fortunately though, I am free to sprinklers and that I tried to murder reveal exactly what didn’t happen, they like”. his wife and his two police bodyguards. which is perhaps even more illumi- I’ll explain how his bodyguards According to Botha I also stopped nating. What didn’t happen is that, swore perjured statements leading him from exercising his water rights during all those appearances, I was to my arrest and imprisonment on and I threatened to harm his wife and never once given the chance to pro- charges of attempted murder and daughter-in-law during his weekday duce a single piece of evidence of my how, on the very day of my release, I absence. He says I harassed them by own nor was I once given the chance to was arrested yet again – this time for shining a light on their house at night, question any of my accusers. It’s a pity stealing my own dog! that I appeared “almost naked” before because I was sure that I could show As for the publicly-funded electric him, and that he thinks I would ben- them up for a bunch of liars. security fence erected around his efit from “psychiatric observation”. In a future issue of Noseweek I’ll set farmhouse; was it to keep me out, or Things got so bad, says Botha, that out my evidence and show how Botha just the baboons? And finally I’ll ex- the SAPS VIP Protection Unit de- used his position and influence to har- plain how the Western Cape Govern- creed the government should build an ass and intimidate me. How he used a ment has let Botha privately fence electrified perimeter fence to protect bogus map (published by the Western in a public road (the only way to my his household from the danger that I Cape Government) to justify repeated farm) that is now so narrow that it posed. trespass on to my land amidst accu- can’t even be maintained properly – These and other fairy tales formed sations that my gate and trees were no grader will fit. the basis of a three-year protection supposedly obstructing a public road. But before I get to all that, I need to order that the Bothas were granted How his police bodyguards (without recount the weird story of the weir – by the Riversdale magistrate on 12th even properly identifying themselves) where it all began. It involves the De- March 2015. used the same bogus map to tell me partment of Water Affairs, a group of I launched an application to have “anyone can walk in here whenever anonymous farmers, an aborted pipe-

26 Although news of the pipeline to Botha’s farm came as a complete sur- prise to me, it was by no means the first one that morning. Earlier, Advo- cate Mowzer had given an admirable display of legal expertise in action: with perfect sangfroid, and without the slightest blush, he announced that the weir didn’t belong to the govern- ment after all. Despite their previous threats of (wholly unnecessary) court action for access to the weir, the DWA didn’t even own it – and they never had! The KWVV then took up the story, revealing that their “ancestors” had built the original weir in 1927 and that the title deeds to my farm in- cluded a servitude allowing them the necessary access. I wasn’t averse to helping them fin- ish the project – after all water is im- portant around here – but by now I The weird weir was feeling distinctly uncomfortable about who was who in the zoo. Besides the years of bizarre to-ing and fro-ing line across my land to Theuns Botha’s told Noseweek back in 2013: “I was not with the DWA and KWVV, I was also farm and the waste of half a million aware of the deterioration of the weir, facing shenanigans from Theuns Bo- rands of public money. or the repairs to it”. So imagine my tha about access rights elsewhere on When this story first featured (in surprise when, only a month later, the my farm. So I was understandably nose169) it raised more questions than DWA told me that not only did they cautious of historical claims about an- it answered. It was all about a gauging want to complete the weir but they cient servitudes, rights-of-way and so weir in the river – the Kruisrivier – also wanted to add a 250m concrete on. that borders my Riversdale farm. And, pipeline across my land delivering wa- The next day I wrote to the KWVV by the way, due to the lie of the land, ter to Theuns Botha’s farm next door. telling them that there was no ref- all traffic to and from it must pass Fancy going to all that expense, I erence to the weir anywhere on my within about two-metres of my bed- thought, without first asking Theuns title deeds and asked for copies of their room window. Why did Water Affairs if he even wanted it done. After all, documents. I went on to say that I was begin a “two-month refurbishment” he’d also just told Noseweek: “I use nevertheless happy to meet with them of the weir, only then to embark on a a small percentage of my allocation again to discuss the best way forward. major rebuild instead? A project that of river water due to the nature of That was in December 2013. In May after more than two years was only my farming requirements, which are 2014 I wrote to Department of Wa- a third complete, with half-a-million semi-lifestyle”. But now the new gov- ter Affairs’ Director-General Rashid rands already spent. ernment pipeline would deliver 100% Khan along similar lines but to date Why did Water Affairs then write to of his total allocation (one-sixteenth of neither has bothered to reply. me with threats of an entry warrant the entire river flow) 24/7. And since So the question remains: Why start to complete the work when I had been MEC Botha knew nothing at all about a substantial multi-million-rand pro- begging them to come and do just that it, obviously the public would be foot- ject and then just drop it less than for months on end? Why was the pro- ing the bill. halfway through? ject then shelved altogether amidst I first heard about the planned pipe- And further questions arise. Why on promises (since broken) to clean up line on 11 December 2013 at a meet- earth add a massive pipeline all the the mess they’d left behind? And fi- ing called by the DWA and the KWVV. way to MEC Botha’s farm, apparently nally, what exactly was the role of the DWA director-general, Rashid Khan, without even discussing it with him KruisrivierWaterverbruikesrverenig- didn’t pitch but sent his right-hand first?. And finally, why does the instal- ing (KWVV), a largely anonymous man, Advocate Abraham Mowzer, to- lation remain dropped, like the pro- group of farmers with water rights gether with managers Frans Mouski verbial “hot brick”? I leave the reader downstream of the weir? and Johann Knoetzen. The KWVV was to join the dots. The first water-user downstream of represented by local farmers “Wessie” That is but the preface to the multi- the weir – although apparently not Wessels and Jan van Rensburg, who faceted drama that was to unfold over a member of the KWVV – was my steadfastly refused to identify their the next few years. neighbour MEC Theuns Botha who other members. [To be continued.] n

NOSEWEEK March 2017 27 Bad policy How to fght insurance claim blackmail. By David Klatzow

HE REVELATION (IN NOSE208) THAT tion or apology was offered. were not working and Joffe received the Outsurance had been up to its When I phoned to inquire I was told following letter: tricks in New Zealand – “Out- the case had been sent back to the loss- “As stated before, we regret any incon- surance’s Youi hooey” – came as adjusting department. We were back venience suffered by you or your family. no surprise to me. The only sur- where we had started. There I was After evaluating all the information, priseT was that the Outsurance subsidi- again confronted with the original loss we have come to the conclusion that ary, Youi, has actually been ordered to adjuster who, in an outburst of charm, you were treated unfairly and wish to pay a R3.08-million fine in the Auckland told me that he was tired of me and was apologise for this. We acknowledge that District Court for its false or misleading going off to lay fraud charges against an apology does not always correct our representations, for false or misleading my client. Which was strange since, in mistakes made, but hope that the settle- statements made by its telesales peo- their letter of repudiation sent to Joffe ment of the claim was to your satisfac- ple, and for illegally debiting consumer two months earlier, Outsurance had tion. We further wish to invite you and accounts. threatened that they were about to lay your business back to Outsurance in It seems that the leopard doesn’t fraud charges. order for us to prove to you that we change its spots – even if it migrates to I was simply being fed the standard always aim to deliver.” a foreign land. blackmail line to shut me up. I suspect A similar scenario played itself out Some years ago I was approached for he was surprised when instead I invited in Outsurance v Collison. Michael help by an elderly man, Israel Joffe. He him to waste no time in laying charges Collison, an architect, had been the was insured with Outsurance and had and promised I would expose him and victim of a fire which destroyed his had various pieces of electronic equip- his company as blackmailers – and see Johannesburg home and all his posses- ment, including a microwave oven and that they were sued for the appropriate sions. Again Outsurance had put a a video machine, stolen from his home. amount in damages. substandard investigator on to the job Outsurance sent an “investigator/ My last words to him were: “Run and, on the basis of his worthless report, loss adjuster” to his home to take a off and lay your charges as quickly as had repudiated Collison’s R2.2m claim. statement from him. Instead, he found your little legs will take you. I need the This was after René Otto, the claims himself being interrogated on the money.” The net result of this was that manager at the time, had called Collison minutest details of the missing equip- they realised their bully-boy tactics to the head office in Centurion where he ment – and was unable to answer any tried to browbeat him into withdrawing number of arcane questions. his claim by informing him that the “What is the welcome message on the company “had reason” to suspect arson. screen when the video player is switched Next day OUTsurance Again the offer was made: “Withdraw on?” he was asked. He simply could not your claim and we will not pursue remember. “What is the cubic capacity criminal charges”. This offer was itself of the microwave?” He had no idea. sent him a letter a criminal act. One is not allowed to How would he know? That’s kitchen bargain away criminal charges for pecu- stuff and he never does anything in the niary gain. It is called compounding and kitchen. repudiating his claim, it is a sub-species of blackmail. Next day Outsurance sent him a The matter was duly enrolled at court letter repudiating his claim, cancelling and on the second day of the hearing, a his policy and informing him that they cancelling his policy and second meeting of the opposing parties’ were about to lay fraud charges against experts was requested by Outsurance. him. At this meeting, I confronted their It was at this point that an extremely informing him that they expert (alas, now deceased) and his distressed Mr Joffe came to see me. expert summary unravelled like a I phoned the head of the loss-adjusting were about to lay fraud cardigan with a loose thread. He department, to be told that their file pleaded with me to do a joint minute had already been passed on to Legal. so that he could quietly withdraw the The head of Legal agreed to meet us to charges against him summary of his expert evidence previ- discuss the matter. On the appointed ously filed at court. The merits of the day, Joffe was there, I was there – but case were settled there and then – to Outsurance did not pitch. No explana- the great annoyance of Outsurance.

28 Roll forward a few years honest correction. As far to the case of Mrs Mina as they were concerned, Silver of Fairways, Illovo, she was confessing to Johannesburg who, in having told a lie in her June last year had her claim – grounds for the flat broken into, her small insurer to repudiate the safe crowbarred open, and entire claim. a fair amount of jewel- Within no time the lery and other personal standard letter repu- items stolen. Enter left diating the claim and stage a new generation cancelling the policy of Outsurance assessors, was delivered to the who called at her home dismayed widow. After and proceeded to subject all, you always get some- this elderly widow to what Mina Silver thing out, even if it is would appear to have a nasty surprise and a been a third-degree inter- repudiation. rogation that lasted an entire day. She turned to me for assistance and What exactly was stolen? What I phoned the in-house legal adviser. He exactly did it look like? What exactly informed me that the client had made had it cost? Your diamond engagement a confession. I, being a reasonable man, ring? Yes. A double-string pearl neck- asked for the confession, which was lace? Yes. A single-string pearl neck- sent to me. The one thing it was not, lace? Yes. And so on down the list… was a confession. I asked for the tran- “A gold vine bracelet? scripts of the entire interrogation. IF YOU RENT PROPERTY “Actually, no, that was a mistake The net result was that Outsurance KEEP THIS NUMBER – I have since found it,” Mrs Silver quickly reversed the decision and told them. “Look, I am wearing it! paid – but not before they had tried a My parents gave it to me for my 21st couple of sharp moves on the quantum I CAN HELP YOU WITH birthday.” (payout amount) which I rejected on PROBLEM TENANTS That was all they were looking for. Mrs Silver’s behalf. She was not, as she thought, making an For the thousands of Outsurance I CAN ASSIST YOU WITH THE clients out there, be cautious about RENTAL HOUSING TRIBUNAL the way in which Outsurance settles or doesn’t settle claims. It IF YOU DON’T NEED ME NOW, is one of a group of insurance YOU WILL LATER companies who cut the broker out and sell direct. With no broker to JOHN: 082 901 0824 look after you, you may find your- self vulnerable to unpleasant and shady tactics such as have been recounted here. You have been warned. Small claims are usually settled promptly. With bigger claims, there seems to be a more hardball approach. Do not let Outsurance or any other insurer subject you to the third degree in cross-examina- tion. In settling your claim, it is best to get professional assistance from the outset. Respond only to written questions and that, only after you have sought profes- sional assistance. Then you might just get something worthwhile out. l Dr David Klatzow is a forensic “Oh, what the hell, I’ll add another zero” scientist and the author of Steeped in Blood and Justice Denied. n

NOSEWEEK March 2017 29 On wings of song Cape Town’s Youth Choir plans to conquer New York. By Sue Barkly

BOUT 15 YEARS AGO, WHEN HE WAS being interviewed for the posi- tion of conductor for the illus- trious Cape Town Youth Choir, Leon Starker was asked by the panelA to define success. This was short- ly after the choir had won top honours at the Llangollen International Music Eisteddfod in Wales. “I told them that, for me, real success would be to sing in Carnegie Hall,” says Starker. He got the job and, in 2008, the choir did indeed sing at Carnegie Hall in New York, but alongside a few other choirs, not solo. Real success meant doing their own concert at Carnegie Hall, so about a year ago Starker decided it was time. “I emailed the people at Carnegie Hall and I asked, ‘How do I book Carnegie Hall?’ They told me and I booked it, there and then! Then I had to look for the money to fund it,” says Starker. “Renting the hall is about $15,000.” The rest is history – and on 3 April, Conductor Leon Starker in rehearsal with the Cape Town Youth Choir when the celebrated choir steps on to the stage at Carnegie’s Zankel Hall (“I Carnegie has also played host to nu- young people who never fail to wow will book the big hall next time,” vows merous popular music legends, includ- their audiences,” says Starker, “as well Starker) it will be a dream come true ing Benny Goodman, Duke Ellington, as a not-to-be-missed opportunity to for him and the choir members. Tina Turner and Nina Simone. (Sis- represent Cape Town and South Af- Carnegie Hall, two blocks south of sieretta Jones was the first African- rica on one of the most famous stages Central Park on Manhattan, is one American to sing there in 1892.) The in the world.” of the most prestigious concert ven- Beatles performed there in 1964, fol- Starker and I are meeting in a coffee ues in the world for both classical and lowed by the Rolling Stones, Led Zep- shop across the road from the Jan van popular music. Built by philanthropist pelin and numerous rock, blues, jazz Riebeeck High School, Gardens, in the Andrew Carnegie in 1891, the hall and country performers. shadow of Table Mountain, where the was featured in the recently released The Carnegie complex includes a choir practises for hours every Tues- delightful movie, Florence Foster Jen- smaller concert venue, Zankel Hall day and Friday night. kins, starring Meryl Streep. which seats 599 people, next to the Starker remembers when he told Tchaikovsky gave his debut concert main concert hall. It is named after the choir that they would be going in America there; legendary singers its sponsors, Judy and Arthur Zankel. to sing at the iconic concert hall. “It such as soprano Maria Callas and ten- That’s the hall Starker hopes to fill. was after they walked off stage at the ors Caruso and Gigli were amongst “When the Cape Town Youth Choir World Choir Games in Latvia. The the greats who made it famous. Mark performs there, it will be the culmina- competition had come at the tail end Twain delivered his last public lecture tion of years of hard work for a diverse of a concert tour through Germany there in 1906. group of beautiful, extremely talented and the Czech Republic. Comparing

30 the ‘concert’ experience with the later bosch University. During his student In addition to the Cape Town Youth ‘competition’ experience, it was an years he studied singing with Profes- Choir, Starker conducts the St Cypri- easy choice to make. In spite of having sor George van der Spuy and sang in an’s School girls’ choir and teaches won two gold medals in Latvia, the the Stellenbosch University Choir. choral conducting at the South Afri- real joy of making music lies in tell- He holds an MMus in Choral Con- can College of Music at the University ing stories on stage, not in impressing ducting from the Nelson Mandela of Cape Town. His day job is IT Man- five or six people with score sheets. Metropolitan University and is cur- ager at investment firm Vunani Fund We hadn’t even got back to the hotel… rently enrolled for a DMus in choral Managers. He is married to Louise, you can imagine the response! conducting at Pretoria University. who is a music teacher, and they have “Then we started looking for money and we started saving and started thinking about the repertoire.” The choir is made up of people aged from 15 to 30, some of whom are at school, some are students and others, working professionals – all, from dif- CARNEGIECARNEGIE ferent backgrounds. “Some have overcome incredible adversity, or made it to university HALHALL against the odds. But they have all L been chosen for their voices and mu- sicality, and they all show up twice NewNew YorkYork a week to practise and sing together. Their dedication and unity are what PRESENTS make this all worth it,” says Starker, who has been conducting the choir since 2003. It is clear that the love he has for The internationally 3 April 2017 the choir members is strongly recip- rocated. “Of every ten people selected, celebrated Zankel Hall only two or three make it to the end of the first month. The commitment Time: 7.30pm of time is huge. But, more than that, Cape Town choir members expect of each other a certain level of commitment to the music and to each other. Those who are not comfortable with the commit- Youth Choir ment don’t last. “But the ones who last become a ‘band of brothers’, if I may borrow from a TV show set in World War II. They Songs of become an incredibly close-knit group Songs of and often remain life-long friends. “There are no ranks in the choir; whether you are a 16-year-old bass or soprano or a 28-year-old tenor, you are Loss and Hope equally valued because of your contri- bution to the music. I am always as- tounded by this – that the older mem- bers treat the young ones as equals. We share a common goal and a com- mon path: the desire to make music that moves everyone who hears it.” What drives him whenever he is in front of the choir are the words of American poet Mary Oliver: “We need beauty because it makes us ache to be worthy of it.” Starker completed a BSc degree in Chemistry and Maths as well as the Tickets available on Carnegie Website: www.carnegiehall.org Higher Education Diploma at Stellen-

NOSEWEEK March 2017 31 three daughters. The Cape Town Youth Choir was founded in 1997 with the name Pro Cantu (meaning “for singing”) and, when it moved from Durbanville to In 2014, the choir the city in 2011, it changed its name to Cape Town Youth Choir. The choir has toured South Africa, toured Europe Europe, Asia and the US and has won gold in a number of competitions for its extensive repertoire, which in- cludes simple folk songs as well as and won the challenging modern pieces. In 2004, the choir undertook a con- cert tour of Namibia and in 2006 par- ticipated in the World Games in Xia- Grand Prix award Leon Starker men, China, winning two gold medals. In 2008, the choir performed Karl form their own stories from them. For Jenkins’s The Armed Man, a Mass for for the best choir me, I want the message to be that the Peace in Carnegie Hall. world is not as bleak a place as some In the same year they won two gold make it out to be. It is more about medals at the fifth World Choir Games hope than hope lost. I don’t think we in Graz, Austria. Since then they’ve of the festival are in ‘Paradise Found’ but I don’t performed Arvo Pärt’s Passio (St John think we are in ‘Paradise Lost’ either,” Passion) in Cape Town, Stellenbosch says Starker. and Oudtshoorn and; Rachmaninoff’s The choir is currently raising funds All-Night Vigil (in Afrikaans), sung in cans and a Zimbabwean,” says Stark- to make this tour a reality for as many Salisbury Cathedral, St Paul’s Cathe- er. They are: Qulani! – You’ve got to be CTYC members as possible. Those dral and Londerzeel in Belgium. taught to hate and to fear, by Soweto who would like to help the choir get to In 2014, the choir toured Europe composer Neo Muyanga, who also Carnegie Hall can donate through the with concerts in Hamburg, Berlin, composed an opera on Nelson Mande- US crowdfunding site Indiegogo, (link: Prague, Bratislava and Riga. They la; On a Night, by Conrad Asman (SA) http://bit.ly/2lmFadl) participated in the Bratislava Inter- which is about the pursuit of love and The choir is also registered with national Music Festival and Competi- beauty; Psalm 133, by Simon Bethell Fractured Atlas in the US, which tion and won three categories as well (SA) and; What they did yesterday af- means that donations originating Radovan as the Grand Prix award for the best ternoon by Tanyaradzwa Tawengwa of from the US will be tax deductible for choir of the festival. TheyKrejcir then moved Zimbabwe. the donor. on to the World Choir Games in Riga, Starker says that although the choir South Africans are urged to encour- Latvia, where they won gold medals will visit the States at a time when age friends in New York, or those due in the Youth Choir and Musica Sacra the mood there is sober, “Our beauti- to be visiting there in April, to support categories. ful young people will arrive with a the choir by attending the Carnegie In 2015 the choir performed Han- good and inspiring story to tell, one in Hall performance, tickets for which del’s Messiah for the first time, as part which love of our common humanity are available through the Carnegie of the 350-year birthday celebrations triumphs over narrow self-interest. I Hall website. of Cape Town’s Groote Kerk. A fea- have no doubt we will convey this “Almost everybody either knows ture-length documentary film about through our songs!” someone living in New York, or knows the choir in rehearsal and performing, Horizons, by South African Péter someone who knows someone who called Finding Messiah, was made by Louis van Dijk is about loss of dignity, lives in New York. Please encourage, Hollywood producer David Morin. It is but also about ubuntu and humanity. cajole, threaten, or even beg them available for download from iTunes. “The song tells the story of the ar- to not only buy tickets for the con- While in the United States in April, rival of European ships and settlers cert, but to also forward this email to the choir will also give a performance from a San (Bushman) perspective. It friends and family to get them to buy at Yale University in New Haven, was originally commissioned by the tickets. Help us to sing to a sold-out Connecticut, and in Boston, amongst British a cappella group, the King’s venue,” urges Starker. other venues. Singers. On their return, the choir will per- Their concert tour is entitled Songs A sure crowd-pleaser in the youth form their Carnegie Hall repertoire of Loss and Hope. “The concerts will choir’s repertoire is Ladysmith Black at two local concerts: one, on 22 April explore those two aspects of life – both Mambazo’s Homeless (Paul Simon). in the Hugo Lambrechts Auditorium through existing choral repertoire as Starker hopes the choir will instil in Parow, and on 23 April at Bishops well as newly commissioned pieces for hope in all those who hear them. “We Chapel, Diocesan College, in Ronde- the tour by three young South Afri- will sing the songs and people will bosch, Cape Town. n

32 Africa

Faith and oil money fuel tensions in Horn of Africa. By Martin Plaut

ELATIONS BETWEEN THE HORN OF on the port of Assab with the Saudis Africa and the Arabian Pen- and their allies in the Emirates. The insula go back centuries, with port has become a base from which to trade playing a key component prosecute the war in Yemen. The Unit- in binding their peoples to- ed Nations reported that 400 Eritrean gether.R Religion has also played a part. troops were now in Yemen supporting The expansion of Wahhabism – the the Saudi alliance. fundamentalist interpretation of Islam The United Arab Emirates has propagated by Saudi Arabia – has been constructed a major base in Assab – funded by the massive oil wealth of the complete with tanks, helicopters and kingdom. barracks. In November 2016 it was re- Mosques, Koranic schools and imams ported that a squadron of nine UAE have been provided with support over Mirage fighter planes was deployed to many years. Gradually this authoritar- Eritrea from where they could attack ian form of Islam began to take hold in Eritrean President Isaias Afwerki Houthi targets on the other side of the Horn. While some embraced it, oth- the Red Sea. In return the Gulf states ers didn’t. traditionally had a base in Djibouti, agreed to modernise Asmara Inter- Somalia is an example. While most but they have now been joined by the national Airport, increase fuel sup- Somalis practised a moderate form of Americans and the Chinese. plies to Eritrea and provide President Suffi Islam, the Islamic fundamental- The growing Arab military, political Isaias with further funding. ists of al-Shabaab didn’t. Soon after and religious influence is only the lat- Since then the United Arab Emir- taking control of parts of central and est example of an external force tak- ates has announced its intention to southern Somalia in 2009 they began ing hold in the region. increase its military presence in the imposing a much more severe form of The Eritreans had been close to Iran Horn. In January it signed an agree- the faith. Mosques were destroyed and and supported their Houthi allies in ment to manage the Somaliland port the shrines of revered Suffi leaders the Yemeni conflict. This was of deep of Berbera for 30 years. It also sought were desecrated. concern to the Saudis, who are locked permission to have a naval base, So- The export of faith has been followed in conflict with Tehran. This is a battle maliland foreign minister Sa’ad Ali by arms. Today the Saudis and their for influence that pits Iranian Shias Shire told reporters. allies in the United Arab Emirates are against Saudi Sunnis. Eritrea is just It’s true that the UAE has submitted exerting increasing military influence one of the fields on which it’s being a formal request seeking permission to in the region. played out. open a military base in Somaliland But Saudi Arabia and other Arabian As a US cable leaked to WikiLeaks The UAE are also active in the neigh- Gulf states aren’t the only Muslim put it in 2010: The Saudi ambassador bouring Puntland. They have been countries that have sought influence to Eritrea is concerned about Iranian paying for and training anti-piracy in the region. Iran, for example, has influence, says Iran has supplied ma- forces for years, while also financing also been an active player. In the case teriel to the Eritrean navy, and recent- and training its intelligence services. of Eritrea, a struggle for influence be- ly ran into an Iranian delegation visit- They are a powerful force in the tween Riyadh and Tehran has played ing Asmara. He claims Yemeni Houthi region, projecting an Arab influence out over the past few years. This has rebels were present in Eritrea in 2009 as far as Madagascar and the Sey- also been true in neighbouring So- (but is not sure if they still are), and re- chelles. It’s not surprising that the maliland and the semi-autonomous ported that the Isaias regime this week United Arab Emirates was labelled Somali region of Puntland. arrested six Eritrean employees of the “Little Sparta” by Gen James Mattis – These are troubled times in the Horn Saudi embassy. now President Donald Trump’s Secre- of Africa. The instability that’s result- Since then Eritrea has switched tary of Defence. ed from Islamic fundamentalism, of sides. Eritrean President, Isaias l Martin Plaut is Senior Research Fel- which al-Shabaab are the best known Afwerki paid a state visit to Saudi low, Institute of Commonwealth Studies. proponents, have left the region open Arabia in April 2015. Not long after- This article first appeared online in to outside influences. The French have wards Eritrea signed a 30-year lease n

NOSEWEEK March 2017 33 Books LEN ASHTON

Hot stuff. The Wall Game

UNGRY? FANCY A CRISP GRASSHOPPER population, with starving human wrecks shank? What about a dainty ball of SOUTH attempting to survive by eating the equiv- fat that has been knocking around by Frank Owen alent of roadkill – when fortunate enough in your backpack for a week or two? (Corvus Books) to find any. No? Well you shouldn’t be so picky Will decent farm boy Dyce and com- ifH you hope to survive in a brave new world. manding carer Vida thrust their way So says Frank Owen, who isn’t Frank Owen. through the ravening mobs and raging Frank is actually a pseudonym for two elements to discover a life worth living? writers: Diane Awerbuck and Alex La- That would be telling. But the tale recalls timer. Their reason/s for ducking behind a the mythic virtues of the Old West as it bland Welsh moniker is/are not revealed. decries desecration of simple ideals and But, whatever the cause, they have come ideas by crazed powers. up with a rare thing: a lusty post-apoca- South African Diane Awerbuck (her lyptic adventure page-turner. debut novel Gardening at Night won the Some conspiracy theorists might con- 2004 Commonwealth Writers’ Prize) and tend that the entire concept was sparked Alex Latimer (much-translated writer and by extrapolations of Donald Trump night- illustrator) have patriotically, but gently, mares, with a future United States of blended some homeland elements into the America devouring itself in a North/South adventure, with approving mention of roo- confrontation of surpassing evil. But if the ibos and sundry herbs, courtesy of Vida’s book is veiled propaganda against The African mother’s nursing experience. Donald and all his works, it nevertheless South, the movie, could be a special ef- contrives to entertain and titillate. fects team’s playground. With Angelina Yes, Virginia, there are some hot en- Jolie as Vida, and no, not Brad Pitt for counters between our heroes (PC-speak Dyce. The role needs the kind of earnest apparently now forbids the female form young man who yearns to be tutored by an of “hero”). Be assured, however, that the older woman. Any offers? High box office brave pair are physically equipped for potential. n sundry traditional pleasures, despite hav- ing to fight through horrors of human and chemical degradation in an epic battle for Frank Owen = (Diane Awerbuck survival. Lively stuff. and Alex Latimer) The villains are absolutely, and satisfy- ingly, disgusting. The good guys are few, but strong in the cause of decency. The conflict, which has laid waste to the South, arose from a perceived insult to the mad scientist-type ruler, one Renard. He has constructed a wall across the land, from sea to shining sea, with prosperous North- erners revelling on one side and despairing Southerners rebelling on the other. Sound familiar? Anyhow, the dispute between the two parties dragged on till wicked Renard introduced frightening chemical warfare, with filaments deliberately floated south on the prevailing winds. Frank Owen and Co do not spare the reader the horrific consequences. Foul diseases and abject poverty decimate the

34 NOSEWEEK March 2017 Down and Out ANNE SUSSKIND

Trump effect. Waves across the waves

HE GLOVES ARE OFF AS THE TRUMP phy in The Guardian) to have “gath- effect gives licence for every ered in his chair like a minor hurri- nasty to crawl out of the wood- cane; months of pure frustration and work. At a recent fund-raising fury lifted him to his feet”. dinner of the Q Society (self- “It was a levitation, a daylight mira- Tdescribed as Australia’s premier cle. His shoulders squared, rigid, the anti-Islam association) with journal- voice strained as he unleashed on the ists present, the speaker, cartoonist Labor leader: ‘All the lectures, trying Larry Pickering, shamelessly told 160 to run the politics of envy – when he guests: “Let’s be honest, I can’t stand is himself a regular dinner guest at Muslims… If they are in the same Raheen [the harobourside mansion] street as me, I start shaking.” always there with Dick Pratt [billion- Former Liberal MP Ross Cameron aire owner of a cardboard empire], said, “The New South Wales division sucking up to Dick Pratt, did he knock of the Liberal Party is basically a gay Former Liberal MP Ross Cameron back the Cristal?’” club… I don’t mind that they’re gay, Governing party MPs reportedly I just wish, like Hadrian, they would was working very closely with US of- leaned forward in their parliamen- build a wall.” ficials “to ensure that Australians tary seats, at long last delighted by And crime fiction author Gabri- continue to have access to the United their leader: knees were slapped, rau- elle Lord, whose latest novel is about States, and people from the US have cous laughter swelled. The set fury forced marriage in a Muslim commu- access to Australia”. And minister on his face dissolved into relief as he nity, said “Brothers and sisters, there Scott Morrison said the Trump travel ploughed on: “There was never a un- is a war and unfortunately… we are ban showed the rest of world to be ion leader in Melbourne that tucked caught a little unaware because they “catching up” to Australia. his knees under more billionaires’ ta- were better prepared than we are.” But none of that sycophancy or bles than the leader of the opposition!” Who will make Australia great? crowing or little-cousin allegiance pro- In her report, Murphy went on to The angry South Australian politician tected Turnbull, who was thoroughly describe it as “a speech of a politi- Cory Bernardi, whose office is adorned humiliated by Trump in a phone con- cian who knows everything is ranged with pictures of Margaret Thatcher, versation in which the American re- against him, that adversity sits in and who once linked gay marriage neged on a deal signed by the Obama front of him, and poison and dysfunc- (which Australia still doesn’t have) administration to resettle hundreds tion behind; and the only option open with bestiality and polygamy, has of refugees and asylum-seekers held to him, after reason, flattery, and volunteered his services, quitting the by Australia on Manus Island and crouching compromise have failed to Liberal Party to form a splinter party, Nauru. Trump reportedly said it was deliver the breakthrough, is to lock the Australian Majority. Also in the a “dumb deal” and that he could not your jaw, find the primal growl, and running is Pauline Hanson, who first see why America would import “the punch your way out of a corner”. alerted Australia to the fact that it Boston bombers”. In other bad sad news, in Janu- was in danger of being “swamped by In the days that followed, Trump’s ary, six people were killed and over a Asians” in her maiden speech in 1996, media spokesman repeatedly called dozen seriously injured when a men- and is being called the Donald Trump Turnbull Trunbull. tally ill man in a maroon sedan drove of Australia. She was elected to the Perhaps letting off steam at an at 60km an hour through a crowded Senate in last year’s election. easier target, when Leader of the Op- shopping mall in central Melbourne. Soon after Trump announced his position Bill Shorten called Turnbull And some of the world’s oldest rock ban on refugees and citizens of seven “Mr Harbourside Mansion” for his pa- carvings dating back over 30,000 majority Muslim countries, and plans latial home, cornered PM lost his cool years, on the Burrup Peninsula in to build a wall, Malcolm Turnbull’s and lashed back, calling Shorten “that Western Australia, are under threat government announced it would sup- great sycophant of billionaires”. because of emissions from the some of port the US’s “strong immigration and Derided as weak, lacklustre and pol- the biggest natural gas and ammonia border protection policies”. icy-less since he became PM, Turnbull fertiliser production facilities in the Then we heard that the government is said (by journalist Katharine Mur- world. n

NOSEWEEK March 2017 35 Letter from Umjindi BHEKI MASHILE

Golden fleece. Debt ballooning

LRIGHT MY NOSEY ONES, LET’S GET amounts that can be charged. it on! And I am not referring But be warned, the clerks in the to the Marvin Gaye song but Clerk of the Court’s office might not psyching myself up to take know what the heck you are talking on a law firm here in Bar- about. So, once again, knowledge is berton,A Renier J Oelofsen Attorneys, power and lack thereof is a debtor over a debt I incurred to the tune of stuck with a ballooning debt and a le- R3,415.95. But, alas, like the incred- gal vulture as happy as a pig in… ible rise of certain stocks, these legal Seriously, I could not believe my vultures claim I now owe a whop- ears when a clerk at the Barberton ping R8,180.47 – thanks to tagged-on Magistrate’s Court said she did not costs that would even make Mother know what the Schedule of Particu- Teresa ask, “What the f***?!” (Al- lars was. though Mother Teresa is more likely How do debt collectors, especially Be that as it may, I proceeded to to have exclaimed “Good Lord!”) the law firms, get away with this? download the schedule as well as the Other legal practitioners this p-d off And, unlike their counterpart gen- Debt Collectors Amendment Bill of scribe spoke to about my little prob- eral-collections agencies, they don’t 2016 and a few days later, gave it to lem with this debt-collecting law firm have to resort to verbal threats and the clerk, saying: “Please familiar- were as one in saying “What these intimidation. It’s worse, they subtly ise yourself with this information so guys do is criminal” – a comment ech- inflate your debt with costs and by you can provide a proper service to oed by a magistrate I met socially. the time you find out that the original the public. You guys should know this “I have written so many times to the R1,000 you owed is now a whopping stuff. Her colleague at a nearby desk Law Society of the Northern Provinc- R5,000, you’re thrown into such a tail- chipped in to say: “The department es to have these guys investigated but spin that you don’t know what to do. has scheduled an upcoming workshop for some inexplicable reason the soci- But the law firms are happy to ad- on this, with a focus on the Amended ety has done nothing,” said the jurist. vise: “just keep making your monthly Debt Collectors Bill of 2016.” Why is that not a surprise? Well, payments”. And if you make a fuss, On behalf of all debtors out there the same society is reported to have they resort to their favourite incanta- (and really, on behalf of all the good strongly objected to Parliament’s Debt tion of “get a lawyer”. Oh, by the way, citizens of Mzansi), please, Justice De- Collectors Amendment Bill of 2016 the reason they do not have to resort partment, fast-track these workshops which addresses the “criminal” prac- to verbal threats and intimidation is so our clerks of the court can give us a tices of those collectors who rob or because being handed over to lawyers proper service. fleece debtors. has already done the trick. Serious warning continued: For cry- (And the same law society that was So, how do they get away with bal- ing out loud, when this writer followed so tardy in sanctioning their former looning debts? As the saying goes, up on the court taxation request, the chairman, Ronald Bobroff and his son knowledge is power – in this case, the clerk actually said: “Yeah, a person Darren – both of whom were struck off lack thereof by most people, which has from Oelofsen’s came in and I asked the roll last year for their dodgy deal- given many of these legal vultures the them if these costs were correct and ings involving Road Accident Fund power to milk debtors. they said yes.” payouts – who are now fugitives, re- First, most people are not aware Cool, calm and collected I said, “Oh! ported to have bought a R26m house of the schedule of particulars – the that’s cute and (injecting a little sar- in Sydney, Australia. – Editor.) costs prescribed by the Department casm) you just accepted what they Another legal sort threw in her hu- of Justice that law firms are allowed said; taking their word for it. morous two cents’ worth: “Everyone to charge when collecting debts. Sec- “My sister, do me a favour, do this in this town knows that once Oelofsen ond, the costs can be challenged by properly. Here is a copy of the Sched- gets their claws into you, it’s like a requesting – sorry, forget requesting, ule of Particulars as well as a copy of fish that’s been plucked from the wa- by insisting on a court taxation by the Debt Collectors Amendment Bill ters by an eagle – there is no letting the Clerk of the Court. Court taxation of 2016, please study both so you can go. Trust me, fight this or your debt compels the court to check the law help me and others properly. will balloon and never end”. firm’s costs against the prescribed To be continued.n

36 Last Word HAROLD STRACHAN

DIY. Build your own pyramid

OW, IT IS QUITE A WHILE SINCE dom aerodynamics, no less. All neatly I taught a bunch of art stu- done, in proper cartouches. dents about the Giza pyra- Zahi leaps back! Utters Arabic ex- mids and the great debate pletives! These are not merely pic- over how they were built. tures, they are working drawings! The WasN it by constructing a mighty long balloons were aerostats, these are aer- ramp for a million slaves to drag up odynes; here is a diagram for making two-tonne stone blocks on sledges? a small model helicopter with a light For a Giza pyramid to be built in 20 springy reed bow for power and pri- years the blocks would have to be laid mary wingtip vulture feathers for ro- one every five minutes of daylight to tor blades, you can make one yourself make up the 1,051,200 total, and that and it will fly! means 50-or-so blocks on the ramp at But what causes Zahi to gasp is a any one moment, which mass would diagram for a full-on hang glider. He cause the ramp to collapse entirely if studies it closely. He knows the light it was made of sand. timber would come from up-Nile, he But if it was made of stone there knows about linen and linseed oil var- would be more stone in the ramp than nish, he understands the construction. in the pyramid by the time they got But he doesn’t understand flying, how to the top, and what did they do with to get this thing in the air. Way down all those rocks afterwards? There’s along the Red Sea there are hills for no sign of a dump anywhere. A spiral take-off at some initial altitude, but ramp, maybe? You can’t imagine the there’s nothing round here but flat clutter, you’d get but one block a day sand, and this is where the élite were, up a spiral. the adventurous spirits who wanted to But never to worry, I have worked do the flying. So whatthehell, they had out a simple system, and no archae- plenty of wealth, plenty of stone, plen- ologist has written in to refute it, so it haul them down again. As easy as ty of labour, so let’s do it! Let’s build a must be true. Try to imagine the Graf hauling the blocks up. Piece of cake. mountain! Sure, put in a whole lot of Zeppelin’s enormous gasbags in those But why build a pyramid at all? passages and chambers and stuff for 1930s pre-plastic days being made of What’s wrong with the Valley of the the daft pharaoh since he’s paying for the lining of cows’ guts all carefully Kings idea? Bore a great long tunnel it all, I mean he’s the main adventur- sewn up together. Well, the Egyptians into a cliff face and stick the pharaoh ous spirit anyway, but there’s no way had plenty cows, also they had zinc, in there with all his hereafter goeters he’s actually going to be so bloody stu- you see, from Ta Nehu way up-Nile for and seal him in with local rubble so pid as to get buried in there, hey. an alloy with copper to make chariot the grave robbers can’t find him. No But, now, if you hang-glide off a wheels, and they had hydrochloric acid pharaoh was found in any pyramid high place you have to run bedonderd from animals’ digestive tracts. Now if anyway. Maybe the robbers might im- downhill to pick up flying speed, and you put such zinc into such acid you agine this pyramid thing was an ad- this DIY mountain of theirs was a get zinc chloride and hydrogen. So let’s vertisement of great wealth inside. As peak, no running, it had room on top then get a thousand cows’ guts and fill a mausoleum, a pyramid is a bloody for only one aviator at a time, stand- them with hydrogen and tie a number stupid idea, man. ing. So what this lad had to do was to each two-tonne block until it barely But hang on! What’s this? Profes- grit his teeth and dive down at a touches the ground, then place big fat sor Zahi Hawass, [former] Director steep angle and pick up flying speed men all round, weighing two tonnes in of Antiquities at the Cairo Museum, that way. And should you build such a all, to walk up a whole lot of ladders he’s professionally snuffling about the hang-glider yourself, dear reader, and and gently place the block in position. dark places inside his pyramids one launch it thus steeply, you would find How to get all the balloons down day, and right round there in a hith- the angle of your descent to be exactly again? Easy. The big fat men would erto unexplored small corner he finds 52° and ja, you guessed it, that’s exact- counterweigh the hydrogen lift and a the remains of a certain mural, and ly the angle of the sides of the Great small skinny man with a rope could what this mural depicts is Old King- Pyramid at Giza. So it must be true. n

NOSEWEEK March 2017 37 Smalls ads must be booked and paid for online. Book at: SMALLS www.noseweek.co.za

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