COSATU Media Monitor 17 March 2010

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Patrick Craven

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Mar 17, 2010, 5:27:06 AM3/17/10
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WEDNEsday 17 March 2010

 

 

Contents

 

1.          Workers

1.1 'Hostage situation' resolved

1.2 Union chides Aurora, Grootvlei gold mine water fears return

1.3 Traffic dispute deal costs ratepayers

1.4 MEC urges normalcy at college

 

2.      South Africa

2.1 Cosatu backs Pravin Gordhan

2.2 Cosatu hopes the NEC puts a stop to the likes of Malema

2.3 Malema fan counts dead 'boere'

2.4 Political journalists complain to the boss about Floyd Shivambu

2.5 ANCYL spin doctor slams journos

2.6 Row brews over positions of ANCYL leaders

2.7 ANC fights a 'smokescreen for abuse'

2.8 Violence mars first day of new bus service

2.9 'ANC, Eskom link OK'

1.   Workers

1.1 'Hostage situation' resolved

News24, 16 March 2010

 

There never was a hostage situation at the Moses Kotane Local Municipality offices, North West police said on Tuesday.

Superintendent Lesego Metsi said managers and employees were locked in a meeting until midnight but that it was not a hostage situation, as stated by the Congress of SA Trade Unions (Cosatu).

"It was not a hostage situation as such," said Metsi.

"The employees at one stage parked their vehicles in front of the gate so that management cannot drive out, but they removed the vehicles after management agreed to meet with them."

Metsi said several labour issues were agreed upon at the meeting on Monday night.

Agreement

"They were able to sit around the table and start negotiating those issues... They managed to reach an agreement."

Cosatu claimed on Monday that about 250 workers were holding six managers hostage at the offices over a salary adjustment agreement which was signed last year but not implemented.

Cosatu provincial secretary Solly Phetoe on Tuesday morning said the situation had been resolved.

"The police [are] correct that everything is cool now. They [the managers] all agreed that they have undermined the workers.

"The issue of the so-called hostage [situation] or a sit-in is now called off. But workers are not going back to work until there is an implementation," said Phetoe.

- SAPA

 

http://www.news24.com/Content/SouthAfrica/News/1059/b5fccbe372e643b6b8f1b20f23f78708/16-03-2010-09-14/Hostage_situation_resolved

 

 

1.2 Union chides Aurora, Grootvlei gold mine water fears return

Martin Creamer, Mining Weekly, 16 March 2010

New gold-miner Aurora Empowerment Systems is having to confront the double challenge of staving off labour union criticism and simultaneously being forced to deal with worrying water pollution fears at the company's newly acquired Grootvlei gold mine on the East Rand.

Mining Weekly Online was unable to obtain a response from Aurora MD Zondwa Mandela and left a message on his cellphone, which was unanswered at the time of going to press. Mandela is the grandson of former South African president Nelson Mandela.

The National Union of Mineworkers (NUM) has alleged that Aurora underpaid its East Rand workers in February and has not paid them at all yet in March.

National spokesperson Lesiba Seshoka said that NUM had hoped that, on taking over the operation from the liquidated and delisted Pamodzi Gold, Aurora would improve the working and living conditions of workers, but that had not been the case.

A reliable source close to the Grootvlei mine reports that acid mine drainage (AMD) from Grootvlei is going into the Blesbokspruit untreated.

The source says that there is also concern that the mine's vital underground pump station may flood, as took place in 1996 with dire consequences for surrounding mines.

There is also concern that the mine's steel piping could be exposed to harsh AMD corrosion.

 

http://www.miningweekly.com/article/union-chides-aurora-grootvlei-gold-mine-water-fears-return-2010-03-16

 

1.3 Traffic dispute deal costs ratepayers

Gareth Wilson, Weekend Post, 17 March 2010

NELSON Mandela Bay traffic officers have signed an agreement with the municipality, bringing to an end a turbulent salary and back-pay dispute which led to a massive disruption on the city’s roads two weeks ago.

It is estimated the deal will cost ratepayers more than R13-million in the next 3½ years. Furthermore, according to a senior municipal official who did not want to be named, the deal was struck after traffic officers were successful in having a clause revoked which stipulated that each had to issue “about 10 fines a day” – the quota in municipalities nationally.

Between 80 and 100 traffic officers gathered at the Sidwell traffic department yesterday to negotiate the deal between their respective unions and the municipality.

The Herald reliably learnt that both unions, the South African Municipal Workers Union (Samwu) and Independent Municipal and Allied Trade Union (Imatu), signed the agreement, stating that traffic officers would be obtaining back pay for three years and nine months, as well as one pay grade increase.

Imatu chairman Johann Beukman said: “The members are happy about the outcome and I feel that we have done well.”

However, the municipal official said: “What the metro fails to realise is that they have just signed an agreement permitting the traffic officers to get more money for doing the bare minimum, which will ultimately result in a loss of money.”

DA safety and security spokesman Gustav Rautenbach said the agreement would cost about R3-million a year for the back-pay alone. “I am happy this matter has been resolved, but I still blame the municipality for dragging this issue out for nearly 10 years.”

At the time of the strike two weeks ago, officers were demanding a two-grade promotion and 10 years’ back-pay, while the municipality counter offered with a one-grade increase and one year’s back-pay.

http://www.weekendpost.co.za/article.aspx?id=542843

 

 

1.4 MEC urges normalcy at college

News24, 17 March 2010

 

Gauteng education MEC Barbara Creecy has on Tuesday challenged the Tshwane South College council to ensure that its employees return to work and bring the institution back to normality.

She said this after lecturers, who are members of the SA Democratic Teachers Union (Sadtu), disrupted operations at the Atteridgeville campus as they called for its senior management to step down.

They also trashed the college's administration building and damaged the chief executive officer (CEO), Joseph Chiloane’s car earlier this month.

This followed allegations that the managers used the college's funds for themselves.

The college was reopened on Tuesday morning and all stakeholders were briefed on the ongoing processes to resolve its challenges.

Creecy said the institution's council was developing a plan to be presented within seven days to her department on how it was going to deal with the recent events and take disciplinary action against transgressors.

She said a mediation process was currently underway to resolve concerns including the position of the principal and the CEO of college. – SAPA

 

http://www.news24.com/Content/SouthAfrica/Politics/1057/195a1993e83e43488b5d81f5b333c128/16-03-2010-08-08/MEC_urges_normalcy_at_college

 

2.   South Africa

 

2.1 Cosatu backs Pravin Gordhan

Shannon De Ryhove, Engineering News, 16 March 2010

South Africa's powerful trade union federation Cosatu has joined the African National Congress in backing Finance Minister Pravin Gordhan, rejecting criticism of him from the ruling party's youth wing.

The ANC Youth League - an increasingly vocal and significant political force within the ANC - last week accused Gordhan of not following party policy and of ignoring the plight of the young.

But Cosatu, whose relations with Youth League President Julius Malema have soured since both helped Jacob Zuma rise to the national presidency, condemned the attack on Gordhan after the ANC expressed their confidence in him.

Cosatu said that, while it had some disagreements with the finance minister over monetary policy and wage subsidies, on which it shall continue to engage, it has expressed agreement with many other sections of his budget speech. Cosatu said it deplores the personalised attacks which have been made on the Minister by the ANC Youth League.

Public Enterprises Deputy Minister Enoch Godongwana has reaffirmed the South African government's commitment to put an end to the chapter of independent power producers struggling to conclude power purchase agreements.

Godongwana admitted that the government had made a mistake in 1998 by proposing the introduction of IPPs, without much follow up.

He stated that, through the Interministerial Committee on Energy, which was a directive from President Jacob Zuma, factors such as the Independent System Market Operator, and the PPAs were being prioritised and would be addressed in due course.

Godongwana said that South Africa would need some 50 000 MW of additional power generation capacity over the next 20 years, to replace old ageing infrastructure, as well as to have increased capacity for development. He noted that this would include a diversity of energy sources

 

http://www.engineeringnews.co.za/article/daily-podcast-march-16-2010-2010-03-16

 

 

2.2 Cosatu hopes the NEC puts a stop to the likes of Malema

 

Sthembile Shelembe, Richmark Sentinel, 16 March 2010

 

The National executive committee has again promised to take severe action against those found to be responsible for mud-slinging. This is the second time such a pledge has been made and no action was taken against persons responsible for public spats last time, people such as Julius Malema.

Cosatu General Secretary Zwelinzima Vavi said not so long ago that he would rather "remain sane" than "stoop down" to Julius Malema's level, adding that the ANC Youth League president had no dignity to lose.

"The problem of responding to Julius Malema is that he has nothing to lose whilst we are jealously guarding our dignity. We will lose lots of points if we enter into a mud-slinging match, for our country look to us to lead them out of this dark hour," Vavi said.

 

This response came after Malema told a small crowd of students in Johannesburg that "Vavi doesn't hold permits for revolutionaries in South Africa", after Cosatu's call for lifestyle audits on all politicians.

Malema had also said Vavi, who indicated last year that he was interested in standing for an ANC leadership position in 2012 after stepping down from Cosatu, should start at the bottom.

COSATU have also voiced their concerns about the disciplinary process and about the half heartedness that the NEC showed in investigating the awarding of government tenders.

 

http://www.therichmarksentinel.com/rs_headlines.asp?recid=4131

 

 

2.3 Malema fan counts dead 'boere'

Daniëlla du Plooy, Beeld, 17 March 2010

 

One of Julius Malema's supporters is placing "updates" of farm murders on the ANC Youth League leader's Facebook page.

On Monday the FF+ warned that the ANC youth leader's controversial song "Shoot the boers, they are rapists" could incite farm murders.

Malema's Facebook page has over 12 000 fans. One of them, Clearence Letlonkane, has been posting information about farmers being murdered, as reported on news websites, every few hours over the past few days.

One of these updates reads: "3 000 farmers dead since '94... we lost more people than that... we r far from being even... So kill da boer, kill da farmer."

Corruption

Another one of his posts states: "They kept the wealth of our land... the little riches obtained is not merly (sic) enough to be shared equally amongst all of us... Hence it is that corruption persists... Crime will not rest until all that was stolen 4rm us is... all regained..."

Letlonkane also writes that "eight people have been murdered on farms in Limpopo since the beginning of February".

When questioned about this, he commented as follows: "I haven't killed anyone, but I am not sympathetic to those who have been murdered... sue me for not shedding a tear."

Malema is not necessarily the creator or even involved with the page.

Hate speech

Ernst Roets, national chair of AfriForum Youth, has indicated that they will use the Facebook posts as evidence during the hate speech case against Malema which they've submitted to the equality court.

Anton Alberts, the FF+'s parliamentary spokesperson for economics, said in a statement on Monday that "one doesn't have to give the matter much thought to realise that Malema's utterances are creating an atmosphere which is beneficial to those who want to murder".

"The FF+ will do its part to stop this scourge in the political and legal arenas. The farming community will have to start protesting publically against the murders and the lack of a commando system. Afrikaners should start learning to toyi-toyi."

Floyd Shivambu, spokesperson for the ANC Youth League, could not be reached for comment on Tuesday.

March through Johannesburg


AfriForum Youth is organising a march in Johannesburg on Friday to protest against Malema's behaviour.

According to Roets, the court case is "an important priority, but it is also necessary for the public to make it clear that the behaviour of Malema and the youth league will no longer be tolerated".

A letter of grievances and a list of over 1 600 farm murders will be handed to the ANC Youth League during the protest march. Those who have been affected by farm murders will also participate in the march.

According to Roets, the protest will be "legal, peaceful and orderly".

 

"The impression created by this protest will be in direct contrast to the ANC Youth League and Malema's irresponsible actions. Buses from Pretoria have been arranged and placards with slogans will be supplied."

http://www.news24.com/Content/SouthAfrica/News/1059/785296522b6c42d69a042d55be562e62/17-03-2010-07-50/Malema_fan_counts_dead_boere

 

 

2.4 Political journalists complain to the boss about ANC Youth League spokesman Floyd Shivambu

Daily Maverick, 17 March 2010

Wherever Julius Malema goes, his spin man Floyd Shivambu is never far off. But while Malema crosses the line in comments about women in general and opposition politicians in particular, Shivambu goes after journalists. Individually.

Now, in an unprecedented move, 19 of the most influential political journalists in the country have lodged a complaint with the ANC proper about what they call Shivambu's unethical behaviour, threats, bullying – and supposed access to information he can't legally obtain.

Here is the text of the letter, in full.

ATT: Mr. Gwede Mantashe, ANC Secretary General;  Ms Vuyiswa Tulelo, ANCYL Secretary General; Mr. Zizi Kodwa

COMPLAINT AGAINST THE ANC YOUTH LEAGUE

We wish to lodge a formal complaint against ANC Youth League spokesman Floyd Shivambu, who last week threatened several journalists when he attempted to “leak” a so-called dossier to certain reporters.

His behaviour constitutes an attack on several freedoms including media freedom, and presents a danger to constitutional provisions South Africans enjoy. It also amounts to intimidation especially if one considers his threat to make public so called embarrassing information about the private lives of reporters.

As political journalists we reject anyone within our ranks who accepts money or payment for writing slanted stories. We hold no brief for corrupt individuals within our fraternity and encourage anyone who can prove instances where ethics have been violated to report it to the relevant authorities including editors and watch dog bodies that regulate our profession.

However, we believe that Shivambu’s actions was less about exposing unethical behaviour in the media, and had more to do with wanting to silence us with threats of public embarrassment over our private lives. We wish to place it on record that Shivambu’s efforts sought to intimidate political journalists from doing their legitimate work.  

Last week Shivambu approached several journalists with a “dossier” on City Press journalist Dumisane Lubisi, which he claims came into the youth league’s possession anonymously.  He provided no proof of the allegations contained in the document, but insisted that the information contained therein was true. He then threatened the reporters who expressed concern over the accuracy of the information saying “you next” when they expressed reservations about the veracity of his claims and said they would not run the stories.

Shivambu’s efforts to bully reporters is the latest in a series of attacks on journalists by the ANC Youth League. At a recent press conference  addressed by ANC president Julius Malema, some youth league figures, including Malema accused journalist’s unethical behaviour and threatened to arrest those caught in alleged wrongdoing. He hurled abuse and launched personal attacks on individual journalists. Comments about their salaries, credit worthy status and sexual behaviour were made without a shred of evidence.

Of concern is the youth league’s apparent access to confidential information relating the private lives of journalists. The candour with which they rattled off confidential information points to a larger sinister pattern. If one accepts even for a minute that any of the information in the ANC Youth League’s possession is true, questions arise about how it was accessed and how a political organisation could obtain it without breaking the law.

We believe that if the actions of the youth league remain unchecked, it could put SA on a slippery slide where the lives of journalists could be in danger and media freedom eroded.

We demand that Shivambu issue a public apology for his actions. Furthermore the ANC Youth League is obliged to reveal how it had received the information and whether state or other resources were used to illegally intrude into the private lives of journalists and other individuals who may not agree with its activities.

We call on the ANC and the league to distance itself from Shivambu’s shameful actions.

Undersigned by:

Business Day: Karima Brown, Wilson Johwa
Independent Newspapers: Moshoeshoe Monare, Gaye Davis, Xolani Mbanjwa and Carien du Plessis
Mail and Guardian: Rapule Tabane and Mandy Rossouw
The Times/ Sunday Times: Moipone Malefane, Sthembiso Msomi and Nkululeko Ncana
702: Stephen Grootes
City Press: Moffet Mofokeng, Piet Rampedi, Dumisane Lubisi, Japhet Ncube, George Matlala
Media24: Chandre Prince
eNews: Hajra Omarjee

http://www.thedailymaverick.co.za/article/2010-03-17-political-journalists-complain-to-the-boss-about-anc-youth-league-spokesman-floyd-shivambu

 

 

2.5 ANCYL spin doctor slams journos

Hlengiwe Mnguni, News24, 17 March 2010

 

ANC Youth League spokesperson Floyd Shivambu says journalists who have accused him of threatening to make their details of their personal lives public are cowards for not making their identity public.

"Who are they?" he said when asked for comment. "If they don't want to come out and say who they are, then they are stupid."

"How am I supposed to know that you are not lying to me?" he said to News24.

Shivambu refused to say whether or not he has ever made threats to journalists.

Reporters lodge complaint

Eyewitness News earlier reported that its reporters and those from Business Day, Independent Newspapers, The Mail & Guardian, The Times and Sunday Times, City Press, Media24 and e-News had lodged an official complaint against the ANCYL spin doctor after he had threatened to make the details of their personal lives public.

The youth league has been involved in a face-off with City Press newspaper after it circulated the financial details of the paper's investigations editor Dumisani Lubisi. The ANCYL alleged that Lubisi might be involved in tax fraud and money laundering and raised its suspicions that he was living beyond his means.

"This justifies our observation that journalists take bribes and additional money that they cannot explain so that they write bad stories about certain individuals," the league said earlier this week.

Sanef objects

South African National Editors Forum (Sanef) deputy chairperson for media freedom, Raymond Louw, told News24 that they "object strongly to threats of this kind",

“We are satisfied, although there may be cases of misconduct as in every other profession, that the majority of journalists act in an ethical manner.

“Threats of this kind will only cause further tensions between the ANCYL and the media. Should they have a complaint against a journalist, they should rather go to the editor or the police instead of making baseless
threats,” he added.

 

\http://www.news24.com/Content/SouthAfrica/News/1059/c0a32b503863483096f9028a1fb935f0/17-03-2010-10-40/ANCYL_spin_doctor_slams_journos

 

 

2.6 Row brews over positions of ANCYL leaders

Frank Maponyane, Sowetan, 17 March 2010

AS the race for the leadership posts of the ANC Youth League in Limpopo speeds up ahead of the provincial conference next month, the nomination of possible candidates tends to change in the wink of an eye

This follows the withdrawal of Frans Moswane from contesting the position of chairperson.

Moswane’s name was abruptly withdrawn when it was allegedly found that he did not command the support of his own region of Sekhukhune.

He has been replaced by Thulani Twala, the league’s Mopani secretary, who will contest the position of provincial chairperson against Lehlogonolo Masoga, the current league chairperson.

While Twala seems to enjoy the support of many branches the question is being asked whether Mopani wants to dominate the entire province by being in leadership positions of the ANC in all its structures.

ANC chairperson and Premier Cassel Mathale also comes from the Mopani region.

The ANC Women’s League, which is scheduled to elect its new leadership at its provincial conference next week, has nominated Maite Marutha as chairperson – and she also comes from the Mopani region.

MKMVA chairperson Semomo Maake also comes from Mopani.

This has caused discontent among league members, who feel that Twala’s nomination would give Mopani more influence.

Masoga is understandably supported by the majority of branches in all five regions of the province and is expected to retain his post.

The Mopani region is made up of Maruleng, BaPhalaborwa, Greater Tzaneen, Greater Giyani and Greater Letaba.

http://www.sowetan.co.za/News/Article.aspx?id=1123582

 

2.7 ANC fights a 'smokescreen for abuse'

Brendan Boyle, TimesLive, 17 March 2010

 

Public divisions within the ANC are a smokescreen for corruption and tender abuse, Jeremy Cronin, the deputy general secretary of the SACP, said.

Cronin told the Cape Town Press Club that squabbles between factions in the party and within the alliance - which includes trade union federation Cosatu and the SA Communist Party - were symptoms of a scramble for money and had nothing to do with policy or proper government.

"I think there is a strongly emerging consensus on the part of the ruling party and the government to become serious on these matters," he said.

Cronin said President Jacob Zuma had "basically read the riot act to us" at a meeting of the ANC's national executive committee at the weekend.

"The nub of it was that none of us as individuals is bigger than the ANC, and that we cannot allow ourselves to be consumed by individual spats driven by things that are not about the big issues confronting us as a country.

"We can't be debating who we like and who we don't like in the ANC. That kind of talk is about fictionalising the organisation to create smoke and dust in order to get on with things that have to do with corruption and the abuse of the power," he said.

"There is a strong realisation that the division and the personalised attacks, and the daily carnival of demagoguery, of sexism and of racism, is costing us all. It's costing us as a country, not just as the ANC or the alliance."

"The corruption and rent-seeking that we're seeing is not just on the side of certain individuals," he said in an apparent reference to ANC Youth League leader Julius Malema, whom he did not name. "It cuts across our society and the ANC needs to take a lead in this matter."

Malema is alleged to have steered government business worth up to R140-million to companies in which he has an interest but which were unable to deliver the work for which they had won contracts.

The SACP and Cosatu have left the ANC trailing on morality issues in recent weeks, with calls for "lifestyle audits" to expose people living beyond the incomes for which they can account, and for a crackdown on the abuse of state tenders.

"As the ruling party, it must signal its very clear determination to deal with patronage and tenderpreneurs . those tenders must go to people who are going to do the work, not intermediaries," he said.

Cronin said many in the ruling alliance had earned their place the hard way, through armed struggle and imprisonment, and that had sustained them through their first years in government.

"But you cannot and should not cruise on that and imagine that it is now your turn as a new elite to accumulate on your own behalf, and that the people will support you come what may," he said.

http://www.timeslive.co.za/local/article359821.ece

 

2.8 Violence mars first day of new bus service

IOL, 16 March 2010

 

The first day of the new, extended Rea Vaya bus service was a success, despite violence and vandalism, the City of Johannesburg said yesterday.

By late afternoon, Joburg metro police spokeswoman Inspector Edna Mamonyane said no further disruptions had been reported.

The city said both the new feeder routes transporting passengers from the suburbs to Rea Vaya stations, as well as the main routes connecting Soweto with central Joburg, had worked well, with all buses full.

Problems in Soweto, where railway tracks were blocked, bus stops vandalised and commuters intimidated, had been sorted out by midday.

Nineteen people were arrested and will be charged with public violence.

 

Member of the mayoral committee for transport Rehana Moosajee said the Rea Vaya system had shown it could handle an increased volume of passengers.

"We experienced some initial first-day challenges but, in the broader context, the success of the service demonstrated the need that existed for a rapid bus service to move passengers safely and effectively across our city," Moosajee said. She praised commuters for staying patient and calm, despite long queues at Rea Vaya stations and threats of violence.

Gauteng's Transport and Roads MEC Bheki Nkosi condemned the criminal behaviour during the protests.

"The threat to life and acts of civil disobedience which accompanied the taxi industry protest action are regrettable, noting the engagement processes that have taken place and continue to take place between the government (City of Joburg) and the taxi industry on this issue," he said.

Nkosi hoped a speedy solution would be found to the differences between the taxi industry and the council. Law enforcers would remain on full alert.

Cosatu also criticised the violence. "Cosatu condemns unreservedly the shooting of commuters, blocking of roads, and burning and stoning of buses," spokesman Patrick Craven said.

The service introduced yesterday included a main route between Dobsonville and the Joburg city centre and Ellis Park station, as well as feeder services from elsewhere in the greater Joburg area.

 

http://www.iol.co.za/index.php?set_id=1&click_id=181&art_id=vn20100316042145572C817128

 

 

2.9 'ANC, Eskom link OK'

Kea Modinoeng, TimesLive, 17 March 2010

 

Business Unity SA sees no problem with the ANC's involvement in Eskom's multi-billion-rand expansion programme, it said yesterday.

 

It condemned some labour unions' proposals for corporate taxes to be used to cushion the impact of electricity tariff hikes.

 

Speaking to journalists in Johannesburg yesterday, Busa chief executive Jerry Vilakazi said his organisation did not object to the ruling party being in business through its business arm, Chancellor House, if the company was properly registered.

 

"As long as there is an open process, and proper checks and balances are conducted for the transparent issuing of tenders," he said.

 

Vilakazi said Eskom was not the only state-owned enterprise and using corporate tax to support one entity would be a "detrimental effort".

 

"The moment a corporate tax is used for Eskom's challenges, you will create a situation where, in future, if the need arises, you will also resort to corporate tax."

 

The business federation reiterated its support for the power utility's $3.75-billion project loan from the World Bank.

 

Vilakazi said the failure to borrow sensibly for Eskom's needs would mean either higher electricity tariffs or the risk of load shedding if the construction of the Medupi power station was not completed on time.

 

http://www.timeslive.co.za/business/article359780.ece

 

2.10 Marcus talks tough to Bank's investors

 

Ethel Hazelhurst, Business Report, 17 March 2010

 

Profit-making should never be a motive for holding Reserve Bank shares, the bank's governor, Gill Marcus, said yesterday.

Marcus took the unusual step of writing a letter to shareholders a few days after her advisor, Monde Mnyande, had warned shareholders not to abuse their powers for the purpose of self interest.

Marcus said the bank "faces a challenge, ostensibly lacking in principle and evidently driven by the self-interested profit motive of a very small minority of shareholders".

The central bank is partially controlled by the government, but has more than 600 private investors who own 2 million shares. The bank's last two annual general meetings were disrupted by a small group of shareholders whose complaints boiled down to a demand for better returns on their investment. They do not share in the profits and receive a fixed return of only 10c a share.

The situation has been complicated by demands by sections of the ANC and Cosatu for the bank to be nationalised. This is in line with the demands of the shareholders, who describe themselves as "activists" and see nationalisation as an opportunity to cash in their investment.

However, they have probably failed to do their sums.

According to Johann de Jager, the general counsel and the head of the bank's legal department, the Reserve Bank Act states that, on liquidation, shareholders would be paid "either the average share price over a period of 12 months preceding its liquidation or 40 percent of its reserves - whichever of the amounts is the lowest".


The shares, which are nominally worth R1 each, have recently traded at between R10 and R12.

When the bank's nationalisation was first put on the agenda early this year, Veronica Kalema, a director of Fitch Ratings, said nationalising the central bank would "adversely affect the country's sovereign rating" because it would be seen as an attempt to put pressure on the institution to compromise its primary objective of achieving price stability.

The bank is one of only a few central banks worldwide not owned by the government.

Marcus said: "The role of private shareholders (in the bank) is not to determine the bank's purpose or conduct and they have a limited and indirect role in the governance of the bank. This is exercised primarily through the directors elected by shareholders - seven of the 14 board members."

But she said they were not authorised to appoint or remove the governor, who is appointed by the president; or to alter the structure, purpose or conduct of the institution.

Possibly pre-empting an attempt by activists to appoint a director, Marcus said: "Directors should be fit and proper persons to hold their positions and they owe a fiduciary duty and a duty of care and skill to the bank."

 

http://www.busrep.co.za/index.php?fSectionId=552&fArticleId=3755797

 

 

 

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