South African police said on Thursday they had arrested a number of people, including two former senior managers of Eskom, on suspicion of involvement in fraud and corruption worth 745 million rand ($51 million) at the troubled state-run power firm.

The managers, as well as two business directors and seven companies, are expected to appear in court on Thursday to face the police allegations, which also included money laundering, South Africa’s elite police unit the Hawks and National Prosecuting Authority said in a joint statement.

The individuals, who were not named, were arrested earlier in the day following an investigation into the construction of large projects at two power stations, the statement said.

This revealed “gross manipulation” of contracts between contractors, Eskom employees and third parties at one of them, it continued.

“Eskom continues to work with law enforcement agencies … to root out corruption and malfeasance,” the power provider said in a statement, adding the names of the individuals could not be revealed until they appeared in court.

“We … will leave no stone unturned in ensuring that perpetrators … are brought to book,” it added.

The ailing utility, which provides 90% of South Africa’s power, has been struggling to keep the lights on amid serious financial problems in part stemming from years of mismanagement and alleged graft.

Last week, it had to implement some of the most far reaching planned blackouts in years and is regularly cited by ratings agencies as one of the main risks to South Africa’s economy.

“This is a great milestone in the fight against corruption in our country,” South Africa’s Special Investigating Unit, which was also looking into the allegations, said.

Eskom’s problems are a headache for President Cyril Ramaphosa, who has staked his reputation on fixing ailing state-owned firms and reviving South Africa’s flagging economy.

 

Reuters

Former leader of the radical South African left, Julius Malema, was unsurprisingly reappointed on Saturday night at the head of his party, the Economic Freedom Fighters (EFF) meeting Congress in Johannesburg.

“For the position of president, it is Mr. Julius Malema,” Terry Tselane, a private company official in charge of organizing the election, told the 3,000 party delegates.

Aged 38, Mr. Malema founded the EFF in 2013 after his ouster from the ruling African National Congress (ANC).

Still wearing his red beret as “commander in chief” of the movement, he presents himself as the defender of the poorest and advocates the redistribution of wealth for the benefit of the country’s black majority, whose situation has improved little, a quarter of a century after the fall of apartheid.

His anti-capitalist and willingly anti-White rhetoric, particularly in favour of expropriation without compensation of land held in majority by the white minority, has led to multiple lawsuits.

In last May’s general elections, the EFF won nearly 11% of the vote, a significant increase over the previous election, and increased the number of its members in the Cape Town Parliament from 25 to 44.

“We represent the poor and oppressed here,” Julius Malema reaffirmed on Saturday by opening his party’s congress.

“The scars of colonialism and apartheid are still there. The failure to change the property structures in our economy and return the land to our people has resulted in our people having political rights, but no economic freedom,” he said to applause.

The EFF congress – the second in its young history – is disrupted by a controversy arising from its refusal to accredit several local media, including the online news website Daily Maverick, which published several articles accusing party leaders of embezzlement.

“No other party in post-apartheid South Africa has been considered as much of an enemy of society as the EFF,” Malema lamented in the gallery, denying the corruption charges as “a storm in a glass of water.

In solidarity with the banned media, the news channel eNCA has decided to suspend its coverage of the congress.

“Good riddance,” the EFF reacted in a statement.

Malema wants the six-year-old organisation to have a presence everywhere on the continent.

“Our vision is not these small-minded things you’re thinking about; we want to lead Africa. We want a United States of Africa with one currency, economy, and judiciary,” Malema said.

 

Credit: Africa Global Village 

The phrase “medical xenophobia” is often used to describe the negative attitudes and practices of South African health care professionals towards refugees and migrants. It is used whenever foreign nationals are denied access to any medical treatment or care.

Research on migration and health in South Africa has documented public health care providers as indiscriminately practising “medical xenophobia”. But this dominant, single narrative around migrants and health care is misleading.

My recent research showed that there was more complexity, ambivalence and a range of possible experiences of non-nationals in South Africa’s public health care system. I conducted the research in a public health clinic in Musina, a small town on the border of South Africa and Zimbabwe.

I found that frontline health care workers provided services, including HIV treatment, to black African migrants who are often at the receiving end of xenophobic sentiment and violence. This was in spite of several institutional and policy-related challenges.

Discretion and innovation played a crucial role in inclusive health care delivery to migrants in a country marred by high xenophobic sentiment. This was because health care providers subscribed to an ethos of what was right for the patient.

Public health and individual discretion

There are a few issues with the current framing of “medical xenophobia”. First, the focus on attitudes – and not health care delivery – reflects a particular generalisation of how health providers are perceived to treat African migrants in South Africa.

This framing does not consider challenges facing the health system. These include shortages of medical personnel. Many migrants seeking care in South Africa’s public health system do face challenges arising from being “foreigners”. But there are other grounds beyond citizenship or legal status on which medical care might be denied. Not all cases of poor treatment are “medical xenophobia”.

South Africans also face challenges with the public health care system. These are related to the general shortages of nurses and doctors. Other challenges include high bed occupancy, high workload, low morale among nurses in public health facilities and the burden of the HIV pandemic.

Second, existing policy responses to communicable diseases in South Africa and the southern African region do not adequately cater for migrants. For example, treatment guidelines in South Africa have been found to be incomplete or inapplicable to migrant patients. Policies and programmes in the Southern African Development Community on communicable diseases such as HIV do not extend to migrant patients.

Health care providers often have to operate within these institutional, bureaucratic and policy constraints.

This scenario makes frontline discretion unavoidable. Health care providers have to rely on their own judgement to determine what “best practices” to invoke with relatively little input or interference from other institutions.

In spite of these challenges, frontline health care providers were doing their best to provide health services to black African migrants. They bypassed institutional and policy-related barriers to registering and treating undocumented migrants, non-native speaking migrants and migrants without referral letters.

This suggests that the experiences of non-nationals in South Africa’s public health care system were more complex and varied than implied by the dominant discourse on “medical xenophobia”.

It is true that some health care providers stereotyped migrant patients and blamed them for their destitution. But my research showed that these stereotypes didn’t directly translate to the exclusion of migrant patients from health care services. This was because of the health workers’ strong professional conduct and an awareness of the public health implications of not providing migrant patients with HIV treatment.

Working around the system

Health care providers in the clinic I visited came up with a system of using the date of birth to identify and keep a record of undocumented migrant patients. This replaced the 13-digit South African identity number, which is normally used to open patient files. Several of them used notions of morality, ethics and public service to frame their decision making. They understood health care to be a right for everyone, in line with Section 27 of the country’s constitution.

Others provided HIV treatment to migrant patients without referral letters. This decision was also mediated by how patients professed their “belonging” through “alternative” forms of knowledge and expertise. For example, one nurse claimed that she only provided anteretroviral therapy if migrant patients demonstrated knowledge of their medication, or if they brought a medicine container for a refill.

Health care providers reported difficulties interacting with migrant patients who spoke Swahili, French, Portuguese or Chewa. Staff and local patients worked together to ensure that migrant patients accessed health care services, often in extremely demanding circumstances. Health care providers made the effort to connect with migrant patients through informal interpreters by asking co-workers or patients fluent in these non-native languages to translate in English or other native languages.

These health care providers didn’t use language, documentation and referral letters to discriminate against migrant patients. They used innovation, creativity and compromise to provide services to migrant patients living with HIV.

Way forward

Policymakers need to recognise the importance of human relationships, communication networks, leadership and motivation in strengthening the country’s ailing public health system.

More crucially, activists need to identify the informal, inclusive and innovative practices of health care providers in addressing challenges related to documentation, referrals and language.

This should be coupled with calls to strengthen and invest in these grassroots responses to build greater solidarity. This is what can be done while waiting for policymakers to respond to ongoing calls for public health care systems to adequately engage with mobility.The Conversation

 

Kudakwashe Vanyoro, Research Communications Officer and Doctoral Researcher at the African Centre for Migration & Society, University of the Witwatersrand

This article is republished from The Conversation under a Creative Commons license. Read the original article.

South Africa’s Vodacom Group and MTN Group could face prosecution if they do not agree with the Competition Commission in the next two months to lower data prices, the watchdog said in findings from an inquiry published on Monday.

The data services inquiry was launched in August 2017 in response to a request from the minister of economic Development and after complaints from consumers about high data costs.

In its final report, the Commission recommended that the two mobile operators must independently reach agreement with the competition watchdog on substantial reductions on tariff levels, especially prepaid monthly bundles, within two months of the release of the report.

It said the preliminary evidence suggests that there is scope for price reductions in the region of 30% to 50%.

The mobile operators must also reach agreement “to cease ongoing partitioning and price discrimination strategies that may facilitate greater exploitation of market power and anti-poor pricing.”

“With respect to the above recommendations on the level and structure of pricing, should an operator fail to reach the required agreements with the Commission within the specified timeframes, the Commission will proceed to prosecution under the appropriate sections of the Act,” The Commission said in a summary of its report.

 

Credit: Reuters

One of the most important discoveries of the year took place 1785km off the southern coast of South Africa where Total has made a gas condensate discovery on the Brulpadda prospects, located on Block 11B/12B in the Outeniqua Basin.

The exploration well encountered 57 metres of net gas condensate play in Lower Cretaceous reservoirs. Following the success of the main objective, the well was deepened to a final depth of 3,633 metres and has also been successful in the Brulpadda-deep prospect.

Speaking at Africa Oil Week last week (Africa-OilWeek.com), Dr Enzo Insalaco, Vice President Exploration Africa at Total explained that South Africa has become an interesting area for exploration. “When you look at the fundamentals, you can see a scenario where there are a number of significant, relatively underexplored basins and many of the play fundamentals are present in these places,” he says. “We see that there's a lot of scope for exploration and significant potential.”

That interest has been illustrated by the recent activity by the industry, which has seen a significant amount of seismic capture and blocks being taken in Namibia and South Africa. “Much of that activity is early stage, so 2D or 3D,” Insalaco added. “What we will see in the next few years is an uptick in reservoir drilling and exploration.

We have a strong position in the oil basin, so we have a couple of blocks in the Orange Basin and in South Africa the 11B/12B block where this discovery was made.”

Opening a new petroleum basin

For Total, Brulpadda was certainly a high impact well for opening up what they believe is a significant petroleum basin. “It was a very bold technical well,” Insalaco continued. “Many people may not realise that the well was actually drilled on 2D. It is a deep offshore well, so drilling on 2D was a very bold move. But given our understanding of the basin and the innovations we did on the operations, this well could be drilled safely and successfully on 2D.

“As we know, it was an operational success just as much as a technical success; we drilled the well within budget, within time and in terms of NPT we have about 3% of NPT and 3% waiting on weather. If you consider the conditions, that is fantastic operational performance. We drilled the well to the main reservoir log and then we went down to a deeper reservoir.

“We did extensive logging records, took samples of fluid, reservoir and source rock. It was a fantastic result in terms of operational performance and data acquisition. It is a gas and condensate and oil discovery, both traces were found. The reservoirs were well developed with good fluid and reservoir properties. You could not really wish for more information from an exploration well. That data acquisition has really put us in a great position going forward to be able to accelerate the next level and the evaluation.”

A fast track to production

The fact that Total drilled the prospect on basic 2D seismic data meant that they needed to hit the ground running in the discovery scenario. They planned for success and were ready to shoot the 3D campaign as soon as they were comfortable that the well was successful and there was going to be potential on the basin. “We were ready for 3D, we were already negotiating contracts on the way,” Insalaco added. “When you look at the milestones on the well you can see that we finished our P&A in the first week of February.

The rig moved offsite the middle of February, and the first 3D seismic shot was done on the 14th of March. A month between the first shot of seismic and the end of the work which is a fantastic performance.

“We also fast tracked the seismic acquisition, so we could start looking at the potential on the new data by June of this year and that allows us, together with the information that we collected, to fast track well evaluation and put us into position to commission the rig and be able to drill early next year. Doing as many processes in parallel allowed us to save 18 months to two years in the well programme and I don't think we can compress that timeline anymore, given the operational constraints and the operational windows for the seismic acquisition.”

With the initial phase of the 3D seismic acquisition programme over the basin completed, the Brulpadda well results will be integrated with the 3D seismic data ahead of the drilling programme in 2020, which will include up to three exploration wells.

Sir Richard Branson has apologised for a photo he used to mark the launch his new Branson Centre of Entrepreneurship in South Africa.

The entrepreneur tweeted a photo which was criticised for failing to reflect the diversity of South Africa.

One of the critics is South African fashion designer Thula Sindi, who says: "Where did you find so many white people in South Africa?"

Sir Richard tweeted an apology, saying it "clearly lacked diversity".

A Virgin Group spokesperson added the image in Sir Richard's tweet did not reflect "the diverse make-up of attendees" at the launch event.

In the intial tweet, Sir Richard said: "Wonderful to be in South Africa to help launch the new Branson Centre of Entrepreneurship. We aim to become the heart of entrepreneurship for Southern Africa."

It sparked a series of responses, including from Mr Sindi - whose designs were worn by South Africa's minister of communications and telecommunications, Stella Ndabeni-Abraham on the day she was sworn in.

He remarks that it must have "Really taken an honest effort for exclude the majority of the population which is just as skilled and talented".

Sir Richard later tweeted: "Apologies. I hope you will take a look at my blog which does far better justice to the amazing work of the Centre and its team."

In the link to his blog, Sir Richard writes: "We will play a more meaningful role in entrepreneurs' lives than your average accelerator, supporting companies to not just survive, but thrive, and make business a real force for good in society, for the environment and the economy."

One individual had told critics they were wrong. "This is one of many pictures, most of which are diverse," he tweeted.

South Africa's population of almost 58 million is 80% black African, and Sir Richard writes in his blog that the "economy is dependent on entrepreneurial activity for creating future economic growth and jobs".

"But the economic contribution to South Africa's entrepreneurial sector is below the developing country norm. I believe that increasing entrepreneurship in this country is the golden highway to economic democracy," he adds.

map

Sir Richard's Virgin Group has a wide range of interests from gyms to planes and the entrepreneur's space company, Virgin Galactic, listed on the New York Stock Exchange last month.

A spokesperson for Virgin said: "The tweet linked to a blog about the launch of the Branson Centre of Entrepreneurship South Africa, which assists aspiring entrepreneurs of all backgrounds with the skills, opportunities and inspiration they need to succeed.

"We apologise for the poorly chosen image, but would like to emphasise that this does not reflect the diverse make-up of attendees.

"As the video, other social posts and other images of the event show, many of the diverse group of Branson Centre entrepreneurs, trustees and team were present and the image attached to that particular tweet should have reflected this too."

 

Source: BBC

Plastic milk bottles are being recycled to make roads in South Africa, with the hope of helping the country tackle its waste problem and improve the quality of its roads.

Potholes cost the country's road users an estimated $3.4 billion per year in vehicle repairs and injuries, according to the South African Road Federation, as well as damaging freight.

In August, Shisalanga Construction became the first company in South Africa to lay a section of road that's partly plastic, in KwaZulu-Natal (KZN) province on the east coast.

It has now repaved more than 400 meters of the road in Cliffdale, on the outskirts of Durban, using asphalt made with the equivalent of almost 40,000 recycled two-liter plastic milk bottles.

Milk Bottle

Road to recycling

Shisalanga uses high-density polyethylene (HDPE), a thick plastic typically used for milk bottles. A local recycling plant turns it into pellets, which are heated to 190 degrees Celsius until they dissolve and are mixed with additives. They replace six percent of the asphalt's bitumen binder, so every ton of asphalt contains roughly 118 to 128 bottles.

Shisalanga says fewer toxic emissions are produced than during traditional processes and says its compound is more durable and water resistant than conventional asphalt, withstanding temperatures as high as 70 degrees Celsius (158F) and as low as 22 below zero (-7.6F).

The cost is similar to existing methods, but Shisalanga believes there will be a financial saving as its roads are expected to last longer than the national average of 20 years.

"The results are spectacular," says general manager Deane Koekemoer. "The performance is phenomenal."

Unlike in Europe, for example, where recyclable plastic is often collected directly from homes, in South Africa, 70 percent is sourced from landfill. The plastic will only be taken from landfill if there is somewhere for it to go -- such as into roads. Shisalanga says that by turning bottles into roads it is creating a new market for waste plastic, allowing its recycling plant partner to take more out of the nation's dumps.

Kit Ducasse, control technician at the KZN Department of Transport -- which commissioned the plastic repaving -- is "impressed" with the road and has now commissioned a highway on-ramp in addition to the first road. "It's working so well," he says. "Time will tell, but what I've seen is great news."

Shisalanga has applied to the South Africa National Roads Agency (SANRAL) to lay 200 tons of plastic tarmac on the country's main N3 highway between Durban and Johannesburg and is awaiting approval for the project.

If it meets the agency's requirements, the technology could be rolled out across the nation. Since SANRAL's standards are so high, Shisalanga hopes it would then be able to meet the strictest regulations across the world.

Tackling the plastic problem

India began laying plastic roads 17 years ago, and the concept has been tested in locations across Europe, North America and Australia. But there are concerns over potential carcinogenic gases created during production and the release of microplastics (tiny particles of plastic) as the roads wear away.

"Such issues have to be ruled out, otherwise we're going to contribute to and not alleviate the national environmental waste problem," says Georges Mturi, senior scientist at CSIR.

Shisalanga has spent five years researching the technology. Its technical manager Wynand Nortje says its method of melting the plastic into the bitumen modifier minimizes the risk of microplastics. "The performance of our plastic mix is better than traditional modifiers, the fatigue seems improved and resistance to water deformation is as good or better," he adds.

Roads are one of many creative solutions to reusing plastic waste. Companies around the world are turning it into bricks, fuel and clothing.

Some other international companies have even found ways to repurpose so-called "non-recyclable" plastic into roads. But Mturi at CSIR believes this is currently too risky in terms of emissions and microplastics, because the properties of this plastic are so variable.

Still, Koekemoer hopes to expand into using non-recyclable plastic in the future, allowing the company to get even more waste plastic out of the environment.

"We're taking plastic out of our dumps (landfills) and we're reducing our pollution problem, and to top it off we've produced a product that's far superior to alternatives," says Koekemoer. "We're leading the global curves."

 

Source: (CNN Business)

The Office of the United States Trade Representative (USTR) is reviewing its current dealings with South Africa based on intellectual property concerns.

In a statement on Friday (25 October), the group said that it would review South Africa’s eligibility to participate in its Generalized System of Preferences (GSP) based on a petition it had received.

The GSP is the largest and oldest US trade preference program.

It is designed to promote economic development by allowing duty-free entry into the United States for 3,500 products from the 119 designated beneficiary countries and territories.

To remain eligible for these advantages, beneficiary countries must comply with 15 statutory eligibility criteria that are important to US interests, including taking steps to afford internationally recognized labour rights, providing adequate and effective protection of intellectual property rights, and assuring equitable and reasonable access to its markets.

Why South Africa is being reviewed

The USTR said it is reviewing South Africa after accepting a petition from the International Intellectual Property Alliance.

The petition outlines concerns with South Africa’s compliance with the GSP’s intellectual property criteria in the area of copyright protection and enforcement.

While the USTR did not comment on the contents of the petition, the International Intellectual Property Alliance has previously raised concerns about the Copyright & Performers’ Protection Amendment Bill which is awaiting presidential approval before being signed into law.

The bill’s primary aim is to provide fair compensation to publishers, artists and film producers.

However, the bill has also come under intense scrutiny as some provisions allow for the ‘free use’ of certain copyrighted material.

In an August 2019 letter – signed by the Motion Picture Association (MPA) and the International Confederation of Music Publishers (ICMP) among others – a number of international bodies asked that Ramaphosa take the bill back to Parliament for a ‘proper, sector-specific impact assessment and meaningful consultation with affected stakeholders’.

“The South African Government has committed itself to modernising South African copyright law to bring it into line with the WIPO Internet and Beijing treaties, which South Africa intends to ratify,” it states.

“Our communities fully support these policy aims. Regrettably, the Copyright Amendment Bill and the Performers’ Protection Amendment Bill, as currently drafted, would not only fail to achieve these stated aims but they would instead undermine South Africa’s creative communities.

“The proposals contained in the bills would, if adopted, limit the creative sectors’ ability to protect their rights and invest in South Africa, substantially weakening the South African internal and export markets for creative content.

“This would harm South Africa’s creators, its strong creative culture and, ultimately, its citizens.”

Warning signs were there

Copyright lawyer Carlo Scollo Lavizzari has previously warned that the bill will lead to South Africa breaching its international obligations, causing unnecessary diplomatic stress and damage to the economy.

“(The bill) translated into the real world, will damage filmmakers, musicians, authors, TV productions and software businesses by diminishing access to publishing for authors locally, forcing them to publish for overseas audiences,” he said.

He said that this would decimate the local film and music industries.

“For South Africa to come ‘first’ the country needs to have a first-rate, up-to-date copyright act that benefits the creative sector.

“Today, having sound laws on copyright is simply the price of entry a nation pays to compete for talent.

“Respecting world standards of copyright protection in the digital world is no contradiction to offering world-class opportunities for creators and knowledge workers — it is actually a pre-condition.”

 

Source: BusinessTech

Following in-depth discussions with 25 of South Africa’s top financial firms, and the Royal Commission of Inquiry’s report on misconduct in the financial industry, it is encouraging to see that initial findings point to a financial services industry that comports well with standards of good conduct. However, gaps remain that need to be overcome.

As part of an assessment of the commitment to conduct standards in the sector, DB & Associates has had over 100 meetings with the executive leadership of the top 25 firms in South Africa’s financial sector over the past 18 months. This culminated in a Royal Commission of Inquiry into misconduct in the financial industry, which delivered its final report earlier this year.

The Commission’s findings were, to say the least, sobering. Initially, the assumption was made that, because South Africa is a developing country with high levels of corruption in government, as bad as things were in Australia, they would be worse in South Africa. This prediction could not have been more wrong.

Learnings from Australia’s mistakes

Forming part of the discussions with leading financial institutions were Dr Andy Schmulow, Senior Advisor at DB & Associates, who has in-depth experience in Australia’s financial industry. His extensive knowledge about the Australian landscape is relevant for two reasons: the financial system regulatory reforms currently underway in South Africa are modelled on Australia’s Twin Peaks regime; and secondly, because Australia’s financial regulation is in crisis – the product of system-wide failure to enforce anything approaching good conduct, pervasively evident for over a decade, with misconduct, and at times serious criminality, perpetrated on an industrial scale.

What was encountered is a financial services industry which, while not perfect by any means, nonetheless comports well with standards of good conduct. The reasons are many and varied. They include a far deeper awareness that the financial industry must serve the community in which it operates, not the other way around. An understanding of the need to contribute to redressing economic inequality embedded by decades of discrimination, for both social justice reasons, and to create the kind of economic prosperity that firms themselves need, in order to grow. But doubtless also the treating customers fairly (TCF) regime has played an important role in readying financial firms for the forthcoming introduction of new conduct legislation: the Conduct of Financial Institutions Act (CoFI).

From process-driven to values-driven

However, gaps remain. These relate chiefly to requirements to transform culture and governance, and the disjuncture between TCF and CoFI. With regards to the former, CoFI will require a shift in corporate governance from what, to how and why. This shifts culture ad governance from being process-driven to becoming values-driven. TCF compliance similarly requires shifts to plug gaps. For example: the six TCF pillars do not map exactly to the nine pillars of CoFI.

The three pillars that will be new under CoFI present significant challenges. In the case of product or service distribution, a regulated entity will be responsible for misconduct committed by brokers, including brokers wholly independent. This will be tricky. How should a firm enforce its obligations on an independent broker – especially a highly successful one – without the risk of that broker ending its relationship with the firm, and henceforth, selling only its competitor’s products? How will a firm impose, if need be, close scrutiny of a broker’s activities, especially one located remotely? There are answers to these questions, but they are imperfect.

Three pillars, three challenges

1. These differences relate primarily to CoFI requirements for distribution, culture and governance, and licensing.

In respect of culture and governance, CoFI will require a whole of entity regeneration of culture; an exercise that will go far deeper than anything encouraged by TCF. The consequences of failure are real: Momentum has recently been slapped with a R100 million fine by the FSCA for governance failures in one of their unit trusts. So, whereas in the past governance issues, like conflicts of interest, could be ticked off on the basis that the firm ‘has a policy’ addressing the issue, this will no longer suffice. Now the enquiry will relate to both the efficacy of the policy itself, and the strength of its implementation.

2. TCF compliance is ascertained by the firm itself. CoFI compliance will be independently judged by the newly established Financial Sector Conduct Authority (FSCA).

To date, TCF compliance has been a matter for the firm to judge, but self-assessment is a complacency trap writ large. For one thing, self-assessment will never be as searching or as critical as an independent review. Unavoidable cognitive biases, with which we are all afflicted, guarantee that. The only credible form of assessment is arms-length (which must preclude, for example, being undertaken by a firm’s auditors; such assessments merely embed leveraged conflicts of interest). Reviews must be grounded in methodologically rigorous, credible, and critical recursive reviews, conducted independently. As such, current TCF assessments present the risk of being a complacency and self-affirming trap.

3. TCF compliance is more superficial in nature and is often addressed as an afterthought, whereas CoFI requires a deeper and more profound treatment, addressed as a forethought. 

TCF’s pillars lack the cascading sets of sub-principles included in CoFI’s pillars. As such, TCF is by nature more superficial, more malleable, and easier to demonstrate. As a result, it tends to default to a tick-box approach, in which TCF adherence is demonstrated through the use of leading questions, posed by the firm, to deliver the affirmations the firm seeks. As a result, even under a TCF framework, several firms have acknowledged that they are still product-focused, not client-focused.

A failure to reform such a product-flogging emphasis will serve them poorly under the new regime. CoFI, by contrast, will require compliance as a forethought to product and service design and construction, whereas under TCF, a number of firms continue to check compliance as the product rolls off the production line. Put differently; compliance must be an active participant from conception, not a theatre assistant at birth. Therefore, CoFI requires demonstrable success in promoting financial literacy and financial inclusion and affords protection to sophisticated as well as retail customers.

A journey of change towards compliance

Set against all of this is a conduct authority – the FSCA – whose remit and powers – especially as compared to its progenitor, the Australian Securities and Investments Commission – make it fully weaponised. It can punish, and can do so severely (and has already), whereas the recipients of FSCA sanctions are severely limited in their avenues for appeal. This enables the FSCA to move swiftly, and come down hard. In the process, firms that incur its wrath, even if they mount successful appeals, will be tarnished, and their reputations damaged.

A better and more prudent approach would be to leverage existing TCF adherence, not in a vein of complacency, but rather as a good start to a real and much deeper change journey. A journey in which compliance is reconceptualised, firm values are implemented (not simply articulated), and corporate culture is strengthened and enhanced towards customer centricity, at every level of the organisation.

Ex-South African President Jacob Zuma’s son Duduzane denied wrongdoing at a graft inquiry on Monday, rejecting testimony by an official who said he was offered a bribe and a ministerial post at a meeting where Duduzane was present.

Duduzane Zuma is a key witness at the so-called “state capture” inquiry set up last year to test allegations of high-level corruption during Jacob Zuma’s nine years in power.

He was a business partner of the Guptas, three Indian-born brothers accused of using their friendship with the former president to win state contracts in the years leading up to Zuma’s ousting as head of state in February 2018.

Former deputy finance minister Mcebisi Jonas told the inquiry last year that a Gupta brother offered him a 600 million rand ($40 million) bribe and the position of finance minister at a meeting arranged by Duduzane in 2015, on the condition that Jonas would assist the Guptas with their business ventures.

Duduzane Zuma said on Monday that he did arrange a meeting involving Jonas at a Gupta residence in Johannesburg in 2015 but his testimony about the meeting differed on almost every other detail. He said the meeting was between himself, Jonas and businessman Fana Hlongwane to discuss a rumour that Hlongwane was blackmailing Jonas.

Duduzane Zuma also said a different Gupta brother to the one named by Jonas poked his head into the room where Duduzane and Hlongwane were chatting with Jonas and that the meeting had not ended acrimoniously, as Jonas had said.

“After the meeting everything was cool,” Duduzane Zuma told the inquiry, answering calmly. “As I’ve mentioned in my affidavit, I’ve bumped into Mr Jonas once or twice subsequent to that meeting and my view was there was no hostility.”

He said he had held similar informal meetings at the Gupta residence “all the time”.

The state capture inquiry has shocked ordinary South Africans with revelations about the brazen way in which some people close to Jacob Zuma allegedly tried to plunder state resources and influence policymaking.

But the investigation has struggled to nail down convincing evidence of corruption involving top officials - something analysts say could be a problem for Zuma’s successor Cyril Ramaphosa, who is on a campaign to clean up politics.

Jacob Zuma appeared before the inquiry in July, but he also denied wrongdoing in several days of evasive testimony and said he was the victim of a decades-old plot.

The Guptas, who left South Africa shortly after Zuma’s removal, have not appeared before the inquiry but have submitted an affidavit in which they denied allegations against them.

Zuma still has some loyal followers in the governing African National Congress (ANC) who view him as a champion of policies that seek to address the deep racial inequality that persists more than two decades after the end of white minority rule.

But Zuma’s critics associate his leadership with deeply entrenched corruption and erratic policymaking that deterred investment and held back economic growth.

 

- Reuters

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