EFF Condemns Nzimande’s EFF Scapegoat on VBS Bank Funding to SACP (12.11.2018)

South Africa: Section 232 Investigation by the United States of America on Steel and Aluminium Products (12.03.2018)

South Africa’s exports to the US on steel amounted to US$950 million in 2017 and accounted for 1.4% of U.S.’s global imports.

PRETORIA, South Africa, March 12, 2018 – The South African Government has noted the announcement of the President of the United States of America, Donald Trump on 8 March 2018 that he has signed proclamations to impose a 10 percent ad valorem tariff on aluminnium articles and a 25 percent ad valorem tariff on steel articles.

It was further announced that the United States (US) will consider specific requests from affected domestic parties, to exclude from any adopted import restrictions those steel articles for which the Secretary of Commerce determines there is a lack of sufficient US production capacity of comparable products, or to exclude steel articles from such restrictions for specific national security-based considerations.

The proclamations make a provision for any country with which the US has a security relationship to discuss with the US alternative ways to address the threatened impairment of the national security caused by imports from that country. Should the US and that country arrive at a satisfactory alternative means to address the threat to the national security, the US President may remove or modify the restriction on steel articles imports from that country and, if necessary, make any corresponding adjustments to the tariff as it applies to other countries as the national security interests require.

In relation to aluminium, the products to be affected are defined in the Harmonized Tariff Schedule (HTS) as: (a) unwrought aluminum (HTS 7601); (b) aluminum bars, rods, and profiles (HTS 7604); (c) aluminum wire (HTS 7605); (d) aluminum plate, sheet, strip, and foil (flat rolled products) (HTS 7606 and 7607); (e) aluminum tubes and pipes and tube and pipe fitting (HTS 7608 and 7609); and (f) aluminum castings and forgings (HTS 7616.99.51.60 and 7616.99.51.70), including any subsequent revisions to these HTS classifications.

The products affected in relation to steel are defined at the Harmonized Tariff Schedule (HTS) 6-digit level as: 7206.10 through 7216.50, 7216.99 through 7301.10, 7302.10, 7302.40 through 7302.90, and 7304.10 through 7306.90, including any subsequent revisions to these HTS classifications.

In addition, the Secretary of Commerce is expected to publish the Federal Register on the appeal process for US buyers to apply for exclusion within 10 days. The tariffs will be implemented on 23 March 2018, if no alternative arrangement is agreed to with individual countries.

South Africa is studying the proclamations and its implications for the domestic industry in South Africa. South Africa’s exports to the US on steel amounted to US$950 million in 2017 and accounted for 1.4% of U.S.’s global imports. In the case of aluminium, the SA exports were US$375 million in 2017, accounting for 1.6% of US imports from all global suppliers. It is clear that South Africa’s exports do not impose a threat to US industry and jobs. The SA exports are in some cases used as inputs into further processes in the US manufacturing sector thus in fact contributing to US jobs and production.

The Department of Trade and Industry (the dti) is fully engaged with the matter and continues to have discussions with the US on this issue. A formal submission will also be made to the US as is provided for in the proclamations.

Opinion: EU Envoy Schmidt are speaking like an NRM apologist similar to Ofwono Opondo over Besigye’s 2016 Election defiance!

I feel sorry for European Union Envoy Kristian Schmidt who are now sounding like a National Resistance Movement (NRM) apologist, instead of an independent spirit and understanding of the short-falls of the NRM Regime. He seems to been misunderstanding what happen during the General Election 2016. Surely, he wants the Forum for Democratic Change (FDC) and Dr. Kizza Besigye, to say it just water under bridge and let it go. Since the Supreme Court followed the orders of the 31 Years and counting President Yoweri Kaguta Museveni. First introduce some of the beautiful words of Ofwono Opondo, before the Kristian Schmidt’s foolish interview with Daily Monitor, before enlightening fellow European of his ignorance or forgetting the blatant impunity towards Besigye and FDC in and around the General Election 2016. Since he has forgotten while drinking Nile Brew in the Embassy and going on Safaries with his dignitaries. Surely, Schmidt must feel good about himself!

““In this election, Besigye gained 1.5 million votes compared to two million votes he got in 2011 while Museveni’s gain was a paltry 500,000. To the NRM strategists, this is the most shocking, indeed worrying trend, and having located the cause as being our messaging, strategy, campaign style, internal laxity, occasioned fraud and widespread bickering. We shall not blame anybody else except ourselves. Actually, to be frank, we were almost swept away by our collective failure to robustly respond to the Opposition demagoguery on issues of youth unemployment, despair among the urban population, poor and yet expensive public service delivery and bad public relations, especially to distribution of soft campaign cash that often got stolen along the way among other issues. This, to the Besigye camp, should give hope that with better strategic organisation, not only falsehoods, they can in the future topple NRM through the ballot instead of being bad losers” (…) ““The claims of rigging, especially at the last minute through alleged intimidation of candidates’ agents, ballot stuffing, falsification or alteration of results on tally and declaration sheets and at announcements are perturbing and incredibly unbelievable. These could pass as truth if the peddlers could at least adduce some verifiable evidence from eyewitnesses and documents in their possession that differ from those of the EC, which ought to be available from the multiple sources, including the media that observed these elections” (Opondo, 2016).

So when a NRM spokesperson and Uganda Media Centre director had to come in defense of his master. In the aftermath and with the current illegitimate government. Who has no problems in misusing the government funds and had no problem rigging the election in their favor. As the FDC had massive scores of leaders behind bars, had people with Declarations Forms from Polling Stations at Gun-Point, had their Headquarter barricaded and sealed off, Besigye was under house-arrest and the story goes on. Not an adventure, but a true theft a nation. Still Schmidt says this to the FDC and former Presidential Candidate:

“He added: “That is of course an issue that is dividing but I think it would have been good to come together and discuss. It has not happened and election reforms seem to be not going forward.” (…) “The law of Uganda is what it is: the conditions of petitions are what they are, and for a petition to be successful you have to do a lot of homework. Under your Constitution I believe you have little time, 10 days. I know one of the recommendations of the Supreme Court is to extend that time which I believe makes sense.” (…) “ He said “I think if Dr Besigye was convinced before elections that he would not be happy with the outcomes and the process, he should have been the one to petition. He should have prepared for that but he decided before that he was not going to and under the rule of law.” (Musisi, 2017).

EU Envoy to Uganda Kristian Schmidt, I know you visited him while on undetermined house-arrest. Since the Police Force had been stationed in Kasangati, Wakiso for so long days before the election and until May 2016. When he was able to escape and have his own swearing-in ceremony, before air-lifted to Moroto, where the state charged him with Treason charges. Which he still carries today, he is an arch-criminal and seen as an enemy of the state. Than after all of this, you talk about rule of law, justice and courts. Like Dr. Kizza Besigye haven’t had his time in court, haven’t been detained on more occasions than ordinary thief, even more than average murderers in the Republic.

So, the FDC was unable to counter with a petition, Amama Mbabazi was the only one able to fill in a form or petition. Because FDC has done so after General Election 2011. So it is like the EU Envoy for Uganda Schmidt is not in concern anymore of all the breaches that happen to Besigye. Like the whole House-Arrest period, the whole part of the general assault on the rule of law considering the elections and polls. The self sufficient pre-ticket ballots and Badru Kiggundu’s own special math-class. The statistics and the vicious attempt of forging the whole election in favor of President Museveni.

It like he wants the one on Treason Charges since May 2016, since the coup d’etat in February 20^th 2016, when the Electoral Commission announced the result. That as the whole NRM and state organization was behind the whole ordeal. Even the European Election Observation Mission and the Commonwealth Election Observation Mission was explaining the massive flaws of the General Election. Still, the EU Envoy want Besigye just to let it go.

Let’s take his first reasoning, since it is shows his true passion, the Danish dignitary: “Now if this was in any other democracy, like in some European countries, it would be unacceptable that the Opposition party does not then recognise the winner of the elections” (Musisi, 2017). If this was an election in Europe, all of these ploys of the NRM wouldn’t have happen. Not normally, that the army is used to intimidate, that local leaders are paid-off with new cars, that ballot are pre-ticket ballots and all powers to be to silence the FDC. Together with the obvious rigging and mismatch of acts in favor of Museveni. If this would not have happen in a European elections and EU Envoy to Uganda knows this. That why it is remarkable that he says about Besigye.

Besigye knows better and the Ugandan people knows so. They are not fools, even if Schmidt is sounding like Ofwono Opondo and has taken lectures from Andrew Mwenda. He surely has hanged in the same bars in Kampala as these two. To sound so blatant ignorant and so forgetful. Peace.

Reference:

Opondo, Ofwono – ‘The media shouldn’t parrot Opposition false claims’ (28.03.2016) link: http://www.monitor.co.ug/OpEd/Commentary/Media-parrot-Opposition-false-claims/-/689364/3135890/-/2m2g7v/-/index.html

Musisi, Fredric – ‘Besigye refusal to recognise government not helpful – EU envoy’ (09.07.2017) link: http://www.monitor.co.ug/News/National/Besigye-refusal-recognise-government-not-helpful-EU-envoy/688334-4006606-er8gyr/index.html

RSA: Bell Potting terminated our work with Oakbay Capital (06.07.2017)

RSA: Oakbay Website Attack on Minister Gordhan (21.01.2017)

South Africa: Time to account for crippling the state (01.11.2016)

South African citizens across the land are speaking out and taking action to express their dissatisfaction. The Nelson Mandela Foundation supports the demand to hold to account those responsible for compromising our democratic state and looting its resources.

Twenty years since Nelson Mandela signed South Africa’s Constitution into law and as the third anniversary of his passing approaches, it is painful for us at the Nelson Mandela Foundation to bear witness to the wheels coming off the vehicle of our state.

We have seen a weakening of critical institutions such as the South African Revenue Service, the National Prosecuting Authority and law enforcement bodies due to political meddling for private interests.

We are reaping the results of a political trend of personalising matters of state around a single individual leader. This in a constitutional democracy is to be deplored.

The ability and commitment of the Head of State to be a ‘constitutional being’, is one of the wheels of our state. The unanimous judgment of the Constitutional Court of the Republic in the matter of President Zuma and the use of state resources on a private residence was one such test. It is increasingly a national consensus that he has failed the test.

As this particular wheel rolls away, other critical institutions of state break off to follow it. The legislative, business, and public service sectors of the country are severely affected, compromising the ability of the state to serve the people. A battle now rages to keep SARS attached to the vehicle of state. What public discourse has described as ‘state capture’ by private and political interests is, we believe, a real threat to the Republic.

Another wheel is an accessible and well-functioning education system. Arguably this wheel has never been fully attached, but the failures of the last two decades threaten that it rolls away. Schools, in our view, particularly those in townships and rural areas, have largely been captured to political interests and have deteriorated to unimaginable levels. And now universities are being brought to their knees as they lurch from crisis to crisis while a semblance of normality is enforced under what are effectively states of emergency. This is not sustainable for any education system. The potential collapse of universities will damage our democracy to its core.

We call on the governing party to take the steps necessary to ensure that the vehicle of state be protected and placed in safe and capable hands. And we join the call for a national convention of stakeholders to begin to reimagine South Africa’s future beyond the unsustainable stresses of the moment.

Written Press Statement by the Nelson Mandela Foundation

RSA: Oakbay Responds to Application by Minister of Finance (19.10.2016)

JOHANNESBURG, South Africa, October 19, 2016 – Yesterday afternoon, van Der Merwe Associates (“VDMA”) notified the Minister of Finance’s attorneys of their client’s (the Oakbay Group of companies) (www.OakbayInvestments.co.za) intention to oppose the application issued under case number 80978/16 on 14 October 2016 – unless the Minister of Finance withdraws the application and tenders costs by this afternoon – Wednesday 19 October.

VDMA’s letter noted that the Minister of Finance’s affidavit implicated its clients in inappropriate and unlawful conduct. The affidavit also insinuated that VDMA’s clients would “expose the fiscus not only to loss of tax revenue but also put the burden of mining rehabilitation on the fiscus.” which VDMA noted was “uncalled for, malicious and nothing but vexatious.”

VDMA’s client disproved this earlier this week with evidence of the transfer of the Optimum Rehabilitation Trust Fund from Standard Bank to Bank of Baroda, which followed a request by Advocate Thuli Madonsela on 4 October 2016.

VDMA advised its client to oppose the Minister of Finance’s application, obtain all the necessary information from the relevant role players and ask for punitive costs order against dismissal of the application.

VDMA’s letter also stated that the Minister of Finance’s letter has been launched with the financial resources of the tax payer. VDMA’s client does not dispute that Minister of Finance’s is not by law compelled or obliged to intervene in the relationship between VDMA’s clients and the commercial banks. However, VDMA noted that to spend tax payers’ money in “a reckless and inappropriate manner” would constitute a contravention of the provisions of the Public Management Act, No.1 of 1999 – which would warrant “further action against those officials responsible for same.”

Furthermore, VDMA noted that:

“In order that we do not expose the fiscus unnecessarily to costs we propose that the application be withdrawn” – that the Minister of Finance’s application is withdrawn and that the Minister of Finance’s tenders VDMA’s client’s costs, before close of business on 19 October 2016.

VDMA reiterated that the purpose of its letter was to offer the Minister of Finance the opportunity to save taxpayers money.

VDMA also noted that its clients “would like” to put their formal version before court since the Minister of Finance has chosen that forum, so if the application is not withdrawn then “the matter must proceed and we will gladly do the necessary in order to restore the misrepresentation created by the papers.”

VDMA concluded its letter by noting that the Minister of Finance had made “defamatory and untrue remarks towards members of the Gupta Family by insinuating that they have been involved in inappropriate conduct” and that “their rights remain strictly reserved.”

This morning, attorneys for the Minister of Finance declined the offer to withdraw the application and tender COSTs.

RSA: The State Versus Oupa Magashula, Visvanathan (Ivan) Pillay and Pravin Gordhan (17.10.2016)

Ajay Gupta and Oakbay Investments Delighted with Affidavit from Pravin Gordhan (18.10.2016)

JOHANNESBURG, South Africa, October 18, 2016 – Gupta Family lawyer, Van Der Merwe Associates, releases a statement on behalf of Mr. Ajay Gupta and Oakbay Investments (www.OakbayInvestments.co.za) in response to the affidavit from Pravin Gordhan.

Highlights include:

• The Gupta Family (as majority shareholders) and Oakbay Investments are delighted to have been cited as respondents to the application from the Finance Minister. At last, the Gupta Family and Oakbay can begin to formally clear their names. They thank him for this opportunity

• The Finance Minister’s application is being considered by lawyers for the Gupta Family and Oakbay and will be dealt with in full – each and every entry
• • Six transactions (totalling R4,096 billion) refer to the Optimum mine before it was under Oakbay’s control and so were not transacted by Oakbay or the Family
  • 24 transactions (totalling R325 million) are perfectly legitimate, are in the normal course of business and are not suspicious in any way
  • Five transactions (totalling R1,698 billion) relate to Oakbay Resources and Energy, the listed entity. These are perfectly legitimate and all information is being supplied to its auditor, SizweNtsalubaGobodo, for review
  • Another 20 vaguely refer to ‘multiple transactions’ that makes any further analysis impossible without further detail from the Finance Minister
  • The remaining 17 transactions (totalling R719 million) were also all for legitimate purposes and are absolutely not suspicious. We will disclose these transactions in full, once the full analysis has been completed
  • All of the 72 transactions were approved and cleared by the respective banks processing the transactions
  • The fact that all transactions were approved is acknowledged in the attachment to Minister Gordhan’s application‎, in the form of a signed letter from the Deputy Governor of the Reserve Bank
  • None of the transactions related to Oakbay or the Family, which are over a five year period,  were flagged to the FIC as suspicious. To put this in context, the FIC’s own 2015-16 Annual Report showed that 98,054 transactions in that year alone were flagged as suspicious by the banks (i.e. STRs)
  • One of the largest transactions flagged in Minister Gordhan’s application was the transfer of the Optimum Rehabilitation Trust’s Account (over R1.3 billion) from Standard Bank to the Bank of Baroda. Yesterday, we proved this was bona fide and approved by all relevant authorities (pdf attached). The transfer occurred because all of Oakbay’s accounts were being closed
  • Whilst we thoroughly welcome this application, it is undiluted nonsense and appears to be little more than the usual political games

  To reiterate, we are delighted to have received this application. The truth always comes out in the end and we look forward to clearing our name in court.

• 

South Africa’s Zuma asks court to stop release of watchdog’s graft probe results (Youtube-Clip)

“South African President Jacob Zuma has asked the courts to prevent the release of the findings of a probe into alleged political interference. Public Protector Thuli Madonsela is expected to announce her preliminary findings from an investigation into the Guptas, a controversial family with close ties to Zuma. They’re accused of using their relationship with the president to influence Cabinet appointments. Madonsela’s report can’t be released until the court has ruled on Zuma’s request. Many locals have expressed their disappointment with the president’s actions, saying the interdict is suspicious” (CCTV Africa, 2016)