Arsenal won the race for fourth place in the Premier League with a 1-0 victory at Newcastle, while Alex Ferguson’s extraordinary career ended in remarkable fashion as Manchester United drew 5-5 at West Bromwich Albion today.

Arsene Wenger’s side needed three points to guarantee a spot in next season’s Champions League qualification rounds ahead of north London rivals Tottenham and Laurent Koscielny’s second-half strike ensured they achieved that aim.

Koscielny’s goal meant more heartache for Spurs, who have developed an unfortunate habit of missing out on Champions League action on the last day of the season, and once again had to settle for the place in the Europa League that comes with finishing fifth despite their 1-0 win against Sunderland at White Hart Lane.

Ferguson was taking charge of United for the 1,500th and final time before retiring and the Scot looked set to bow out with a win as the Premier League champions romped into a 5-2 lead.

But Albion scored three times in the last nine minutes in an incredible finish to spoil Ferguson’s farewell at the Hawthorns.

At St James’ Park, Arsenal bagged the priceless goal when French defender Koscielny swivelled to volley home from close-range after Lukas Podolski flicked on Theo Walcott’s free-kick in the 52nd minute.

The victory secured Arsenal’s 16th consecutive Champions League qualification and will ease the pain of another trophyless season for the Gunners, who trailed Tottenham by seven points at the start of March.

Spurs struggled to break down Sunderland until the closing moments, even though Black Cats midfielder David Vaughan was sent off for a second booking in the 75th minute.

They finally took the lead when Bale, who had earlier been booked for diving in a bid to win a penalty, cracked a stunning strike into the top corner from long range in the 90th minute, but Arsenal were just seconds away from victory by then.

At the Hawthorns, Ferguson’s commitment to attacking football was on display one last time, but the United boss will have been less impressed with his defenders.

Since taking charge of United for the first time in a 2-0 defeat at Oxford on November 8, 1986, Ferguson has amassed an incredible 38 trophies, including 13 Premier League titles and two Champions League crowns.

This was his swansong, as well as the final game before retirement for United midfielder Paul Scholes, who came on as a second-half substitute, and it was suitably dramatic.

Japan midfielder Shinji Kagawa got United’s first in the sixth minute and Albion defender Jonas Olsson scored a ninth-minute own goal.

Alexander Buttner smashed in United’s third in the 30th minute before James Morrison got one back for the hosts in the 40th minute.

Romelu Lukaku scored for Albion in the 50th minute before Robin van Persie netted for United three minutes later and Hernandez bagged the fifth in the 63rd minute.

Yet Albion provided an incredible finale as Lukaku and Youssouf Mulumbu both scored in the space of 60 seconds in the 81st minute before on-loan Chelsea striker Lukaku completed his hat-trick to equalise in the 86th minute.

Ferguson will be succeeded at Old Trafford by Everton manager David Moyes, who saw his team beaten 2-1 at third-placed Chelsea in his farewell after an 11-year reign.

Chelsea midfielder Juan Mata slotted home in the seventh minute. Steven Naismith equalised for Everton seven minutes later, but Fernando Torres struck the winner in the 76th minute.

Chelsea’s interim manager Rafael Benitez, who masterminded the team’s Europa League final victory over Benfica in Amsterdam in midweek, was also saying goodbye, with Jose Mourinho reportedly lined up to return to west London once he quits Real Madrid.

On a day of emotional farewells, Jamie Carragher captained Liverpool on his 737th and final appearance for the club, a 1-0 win over already-relegated QPR at Anfield.

Carragher hit a post in the second half, but Philippe Coutinho got the only goal, lashing home from long-range in the 23rd minute.

Manager-less Manchester City, already guaranteed to finish second, were beaten 3-2 at home by Norwich.

Jack Rodwell scored twice for City, led by Brian Kidd following Roberto Mancini’s sacking on Monday, but goals by Anthony Pilkington, Grant Holt and Jonathan Howson won it for the Canaries.

Stoke striker Michael Owen made a 16-minute cameo appearance before his retirement in his team’s 1-1 draw at Southampton.

FA Cup winners Wigan, already relegated, drew 2-2 with Aston Villa, while second bottom Reading lost 4-2 at West Ham and Fulham won 3-0 at Swansea.

The post Arsenal win race for fourth, Fergie bows out appeared first on City Press.

Minister suspects Dlodlo and businessman of leaking stories.

Communications Minister Dina Pule suspected senior ANC member Ayanda Dlodlo and a friend of President Jacob Zuma of leaking stories about her to the media.

City Press is in possession of a document submitted to Parliament’s ethics and members’ interests committee, which is conducting an inquiry into Pule.

DA MP Dianne Kohler Barnard handed in the document, which contains information provided to her by the Sunday Times about their investigation into Pule.

In the document, Pule is quoted as telling the newspaper she suspected Dlodlo and Durban businessman Mabheleni Ntuli of leaking the information.

The Sunday Times has for months been publishing details of how businessman Phosane Mngqibisa, who they call Pule’s boyfriend, allegedly benefits from deals in Pule’s department.

At the heart of the matter is last year’s ICT Indaba, organised by events manager Carol Bouwer, of which Pule’s department was the main sponsor.

Mngqibisa was subcontracted by Bouwer and was paid R6 million for his services.

The hearing into Pule continued this week and committee members were asked to hand in their cellphones because of concerns information was being leaked to the media.

City Press asked Kohler Barnard about the document she handed to committee members on May 2, containing details of international flights undertaken by Pule and Mngqibisa, respectively.

She referred all questions to ANC MP professor Ben Turok, chairperson of the committee, who said all deliberations were confidential.

Kohler Barnard said she was given the information by an anonymous source, but she didn’t delete references to the Sunday Times or their sources.

Besides the flight details, the document quotes a source claiming Pule had shared a room with Mngqibisa on overseas trips (the minister denied he was her boyfriend). It also contains details of the meeting between Pule and the Sunday Times, facilitated by soccer boss Jomo Sono, and an allegation that Bouwer was “forced” by Pule to subcontract Mngqibisa.

In her evidence, Bouwer said she was introduced to Mngqibisa by Themba Phiri, a deputy director-general in the communications department.

On the meeting with Sono, Kohler Barnard’s document mentions the soccer boss, a close friend of Sunday Times journalist Mzilikazi wa Afrika, was there as an “independent observer, as requested by Phosane”.

“The discussion in that meeting was off the record and the minister never denied her relationship with Phosane. In fact, she tried to blame Durban businessman Mabheleni Ntuli as a source of our story. Pule claims Ntuli was jealous after she turned down his sexual advances and proposals. At some stage, she explained that the businessman gave her the keys to his Bentley and that he was jealous she chose Phosane over him, hence he leaked the story to the Sunday Times,” the report reads.

When called for comment, Ntuli told City Press to “f**k off”.

The document continues: “After we (the Sunday Times) explained to her (Pule) that Ntuli was not one of our sources . . . she claimed Deputy Minister of Public Service and Administration Ayanda Dlodlo was maybe our source because she (Pule) refused to facilitate a business deal between Telkom and one of Dlodlo’s business associates. You can verify the information with Sono.”

Pule’s spokesperson, Siya Qoza, said the minister would not undermine the committee’s work by responding to these matters.

Dlodlo’s spokesperson, Dumisani Nkwamba, said if Pule made such comments, Dlodlo “would be deeply concerned”.

Dlodlo denies leaking information about Pule and said she had never asked the minister to facilitate a Telkom deal on behalf of a business partner.

Sunday Times editor Phylicia Oppelt said the newspaper was concerned the committee “might reach a finding based on partial or incomplete evidence” and felt obliged to cooperate in the investigation.

“Ms Pule’s actions are a matter of great public interest and that is where the focus should remain.”

The post More twists in the Pule inquiry appeared first on City Press.

Six years of legal proceedings cost far more than fine imposed

The National Prosecuting Authority (NPA) has been roundly condemned for “stuffing up” its case against Fidentia boss J Arthur Brown.

Forensic auditors, lawyers and investigators City Press spoke to this week expressed shock and incredulity after Brown walked out of court with nothing but a light fine of R150 000 for his role in a scheme that stole R1.4 billion, mostly from the widows and orphans of mine workers.

Some of them requested anonymity because they are involved in the web of ongoing Fidentia-related cases.

Brown’s slap on the wrist came after six years of legal proceedings costing the state far more than the fine imposed, and far stiffer sentences imposed on Brown’s accomplices years ago.

Graham Maddock, Fidentia’s financial director, entered into a plea bargain and got a prison sentence of seven years in 2008. He is out on parole.

Steven Goodwin, also a director, fled the country but was arrested by Interpol in the US in 2009.

He also made a plea bargain for seven years behind bars and got out on parole late last year.

The effect is tantamount to painting a giant pair of crosshairs on South African investors’ foreheads.

One forensic auditor estimates that in the past 10 years, about R50 billion has been lost in South Africa in 46 schemes, and only 25 people have been sentenced.

This despite many cases involving an apparent abundance of damning evidence against the perpetrators, such as the case against Brown.

A lawyer at a major law firm specialising in forensics told City Press the prosecutors plainly “stuffed up”, saying the only reaction has to be “outrage and disappointment”.

The lawyer said: “They (the NPA) thought they had a quick and easy end in sight, but what Brown admitted was actually trivial.”

Dines Gihwala, one of the curators of Fidentia, said he was shocked by the sentence and the shortcomings in the investigation.

He feels that Brown’s sentence should have been at least the same as his accomplices, who played lesser roles in the fraud at Fidentia.

Gihwala expects the case against Brown to go “to Bloemfontein” (the Supreme Court of Appeal) on appeal.

After the “loud protests from all quarters”, the NPA will have no option but to appeal, Gihwala said.

Experts point to a lack of expertise among the investigating officials and public prosecutors
as one of the reasons that so few white-collar criminals are punished.

Graeme Polson, a forensic investigator and curator of CCM (placed under curatorship after an application by one of the curators of Fidentia), said the investigators and prosecuting authority are often not well enough informed about commercial and financial law to form a proper picture of white-collar crime.

“The perpetrators aren’t stupid and can easily outwit investigators,” he said.

Inexperience can mean prosecutors simply do not present the appropriate evidence to court, even if they have it. This seems to have happened in the Brown case.

During sentencing, Judge Anton Veldhuizen said the state’s case had been poorly handled and not all the facts had been presented to the court.

Polson also said that for inexperienced and unskilled prosecutors and investigators, it is often easier to reach a settlement in parts of the case that have been thoroughly investigated.

The problem, however, is that this binds the judge’s hands because he can only impose a sentence on the basis of the
facts before him.

Gerry Anderson of the Financial Services Board, who brought the application in 2007 for Fidentia to be placed under curatorship, said there was damning evidence against Brown, but the case failed because of the way it was presented.

Neels Alant, a lawyer who has investigated several schemes on behalf of the SA Reserve Bank, said the state’s prosecuting capacity is limited. He added that it’s “shocking” what this leads to.

“The sentence imposed on Brown does not show that justice is achieved through the legal system,” he said.

Beyond blaming the prosecutors, the prosecution of white-collar criminals is also hampered by uncoordinated law enforcement and a fragmented regulatory framework.

André Prakke, a forensic auditor, said there are gaps in the application of the law and insufficient participation on the part of citizens, who do not
report corruption and crime.

These include auditors, lawyers, liquidators and curators who are obliged to lay criminal charges as soon as they become aware of certain violations – even if they only have reason for suspecting a violation.

He said liquidators or curators must make the documents they have seized in the execution of their duties available as evidence in criminal cases.
In the case of Fidentia, it’s clear this was not done.

Alex Brooks, an attorney who fought without success for years to get money back for investors in PSC Guaranteed Growth, said the judgment against Brown was an example of the fact that white-collar criminals get away without being punished for their crimes.

He said the number of cases in which the NPA failed raises questions about how white-collar criminals are prosecuted.

NPA spokesperson Bulelwa Makeke said they were “studying the judgment with the intention to appeal”. They will make an announcement this week.

BARRY TANNENBAUM

Barry Tannenbaum swindled the rich by getting them to invest in his venture to import pharmaceutical ingredients for generic HIV drugs.

It seems R10 billion to R15 billion disappeared via a Hong Kong bank account. Tannenbaum himself disappeared to Australia when the scheme was exposed in 2009.

He has since been sequestrated, but an investigation by the National Prosecuting Authority (NPA) led to a dead end. The case was being investigated by Advocate Glynnis Breytenbach, the suspended regional head of the NPA’s specialised commercial crime unit.

DAVE KING
Businessman Dave King managed to stay ahead of the state for well over a decade after being assessed for unpaid taxes close to R1 billion in 2002.
It took the state until August last year to actually charge him with several cases of fraud related to alleged malfeasance with the 1997 listing of Specialised Outsourcing.

A month ago, Justice Minister Jeff Radebe was nonetheless holding up the long-delayed freezing of R1.5 billion of King’s assets as a major achievement for the Asset Forfeiture Unit.

GARY PORRITT
PSC Guaranteed Growth Fund, formed in 2002, managed to solicit R160 million from 2 500 investors before being liquidated in 2003.

The money was funnelled into related companies. The alleged masterminds, Gary Porritt and Sue Bennett funnelled the money into their other companies.

They faced 3 600 accusations of fraud but successfully delayed their case since 2006. The liquidators of PSC have essentially run out of money to pursue a civil case while the judge withdrew in 2011.

Two accomplices went to jail but were released shortly after.

SA’S BIGGEST CORPORATE SCANDAL
Fidentia is one of the largest corporate scandals in South African history and, unlike many other audacious frauds, the victims cannot even be accused of gullibility or greed.

Fidentia took over management of the Mineworkers’ Provident Fund (controlled by the NUM and the Chamber of Mines) trust for deceased members’ dependants in 2004, renaming it the Living Hands Umbrella Trust.

Soon afterwards, the monthly payments to widows and orphans became erratic and by 2005 the fund stopped making contributions, while investigations ensued.

The Financial Services Board (FSB) ultimately applied for Fidentia to be placed under curatorship in 2007 and the case remains probably the regulator’s most high-profile intervention.

Of the R1.4 billion in claims laid against Fidentia, R1.1 billion comes from Living Hands.

The curators of Fidentia have to date spent R71 million to recover R348 million of the lost funds and have distributed R249 million back to those who were robbed – 18% of what was lost.

Another victim was the Transport Education and Training Authority (Teta), which lost R185 million to Fidentia, but has received back R33.3 million.

Although there is ongoing litigation around some remaining Fidentia assets, there have been hardly any new recoveries of money since late 2011, according to the curators’ latest report to the court early this year.

There is R28.1 million left to distribute – or use in the curatorship.

In January this year, Living Hands finally approached the court for an order allowing it to distribute the money recovered for it by the curators to widows and orphans.

Initially there were 192 charges of fraud, theft, money laundering and corruption against J Arthur Brown. These were later scaled down to nine.

He managed to delay his day in court for several years by having proceedings postponed 16 times altogether. The trial finally started in November last year and in April he was found guilty on two lesser charges, which do not even carry the minimum prison sentence of 15 years for fraud.

This came after the auditor for Fidentia, Graham Maddock, and Steven Goodwin, an intermediary who secured an investment for Fidentia and accepted bribes, were given seven-year prison sentences after entering into plea bargains with the state.

The FSB initially celebrated Brown’s verdict, which came before last week’s sentencing, saying the seven other counts on which Brown was acquitted were “relatively minor”.

An expert in forensic investigations last week told City Press it was actually the other way around, with the crimes Brown ended up admitting to being the “minor” ones.

At the same time he agreed with the FSB that the judge was more lenient than he needed to be. “He could have given him 15 years,” said the lawyer.

There are still several other court cases under way against others who were involved in the swindle.

A case of bribery and corruption against Teta’s former CEO, Piet Bothma, is under way and about eight other individuals are also being prosecuted.

The post State wilts in court battle appeared first on City Press.

‘Spiritual’ US megastar now has a ‘love and peace’ attitude.

There was neither gin nor juice to be seen when Snoop Lion ordered his breakfast this weekend. Instead, the American rapper tucked into fried chicken and boiled eggs to start his day.

Snoop Lion, previously Snoop Dogg and whose real name is the rather wordy Calvin Cordozar Broadus Jr, opted to take his morning meals in the comfort of his suite at Durban’s Beverly Hills Hotel.

A waiter at the hotel – where Snoop and his entourage took over the entire top floor ahead of his performance in Durban last night – commented: “That man loves his chicken.”

Snoop Lion has undergone a metamorphosis in the past year, changing his name, embracing Rastafarianism and singing reggae rather than rap.

At a press conference on Friday, he fielded many questions from journalists about his radical identity shift.

“It was more about a journey, finding myself spiritually and musically. As a rapper, I wasn’t able to do it. Right now, I’m able to do it and it’s the way I’m living now,” he explained.

His “love and peace” attitude seems to extend to his tour demands – unlike some international stars who make outlandish requests of concert organisers. Snoop’s previous tours make for easy reading.

He is famous for requesting buckets of fried chicken, rolls, vanilla ice cream, a room big enough for 12 people, a PlayStation and a huge flatscreen TV on which to play video games.

Then there’s the thorny issue of security – his is always tight, since his famously dope-loving lifestyle has before put him on a collision course with the law.

There were a few hiccups ahead of his performance at the Moses Mabhida Stadium in Durban last night, but none which directly affected the ever-smiling superstar.

The Fashion by the Sea show on Friday was planned as a precursor to yesterday’s megabash, but had to be cancelled because of rain.

The fashion show was to be held outdoors at Moyo on Durban’s beach front.

The cancellation didn’t bother anyone because the accompanying party, which was held indoors, went ahead as planned.

The only person who took it personally was designer Gavin Rajah . . . shame, poor guy.

The only false note at the party was the late arrival of Mi Casa, who were scheduled to play at 9pm but only arrived at 1am after more than half the guests had already left.

The party faithful decided to stay away from the stage where the house band performed, hanging out in the general area and listening to hip-hop.

More than 13 000 people were expected at last night’s Moses Mabhida gig, where Snoop Lion was set to play alongside Zakes Bantwini, Zahara, and Nigerian crowd pullers D’Banj and 2Face.

The post Snoop Lion in da house appeared first on City Press.

It’s been a memorable PSL season for some outstanding players. City Press picks a team of individuals who stood out in their respective league campaign.

Goalkeeper

There is no doubt that Kaizer Chiefs and Bafana Bafana Number 1 Itumeleng Khune has not only been the best goalkeeper but also the best player.

Defenders Utility defender Tefu Mashamaite was rock solid either in the heart or on the left of the Chiefs defence.

Thabo Nthethe was a standout figure in the Celtic rearguard as he led from the back.

Not many would argue that Orlando Pirates’ left back Thabo Matlaba’s inclusion in our team is a fluke. He had a great run and often capped his game with his long-range shots at goal.

Platinum Stars would not have been serious contenders for the league title had it not been for their inspirational captain Vuyo Mere, who rose to the occasion this season.

Midfielders

Tough choices had to be made in this department. While Joel Mogorosi staked a serious claim to the right wing position, Thuso Phala’s contribution to Stars’ season was huge.

Free State Stars’ rookie midfielder Luyolo Nomandela and Chiefs’ Siphiwe Tshabalala were a close call for the left wing berth.

But we went for Moroka Swallows winger Bennett Chenene, who came back from an early season slumber and justified his place in Swallows with 10 goals.

Botswana international Mogakolodi Ngele deservedly gets the attacking midfielder position after his exploits for Stars, in which he contributed nine goals.

Without Willard Katsande’s strong competitiveness in midfield, Chiefs looked ordinary, so he gets the nod. Birds captain Lefa Tsutsulupa contributed to the team’s turnaround in the second half of the season.

Strikers

Leading marksmen Katlego Mashego

and Bernard Parker will make an ideal combination.

University of Pretoria striker Mame Niang’s aerial power and an eye for goal is worth a mention, but we’ll utilise him as a substitute in our team.

City Press Absa Premiership Best XI

The post Our postseason dream team appeared first on City Press.

Government waiting in the wings to impose regulations if the petrochemical giant doesn’t agree to revised plastic prices

The department of trade and industry (the dti) wants to start regulating the price of polymers (plastics) which in effect means regulating Sasol, the source of more than 80% of local plastic production.

That is plan B if the current case against Sasol before the Competition Tribunal doesn’t bear developmental fruit, City Press has established.

Polymer pricing is a key driver of manufacturing and job creation and this is why government is throwing everything it has at Sasol in an attempt to get it to play ball.

In recent industrial policy documents, the price of plastic is second only to steel as a target for price-lowering interventions.

Sasol is currently under the spotlight at the Competition Tribunal regarding alleged “excessive pricing” of key polymers used to manufacture everyday plastic products.

City Press has established there is a parallel process whereby the dti and the department of energy (DoE) are engaging in potential regulation of polymer prices.

A dti official who spoke to City Press this week on condition of anonymity said the political economy has not favoured regulation of private businesses.

“There is a view that price regulation is only suitable for public monopolies,” he said.

The official confirmed that engagements between the dti and the DoE had begun and these engagements were particularly looking at polymer-price regulation, which could fall under the DoE, which is already involved in the regulation of fuel prices.

Polymers are also products of oil refining.

“Let’s see what the mechanisms of the competition authorities can do,” said the dti official.

“Is there sufficient evidence to prove a breach of the Competition Act? What kind of remedies could be imposed if there is? Would these remedies be enough?

“The engagement with the DoE will continue and hopefully bear some fruit,” the official added.

Government is looking to promote the manufacturing of plastic goods in South Africa, for domestic consumption and for export.

This could lead to a substantial number of new jobs, but South African plastic manufacturers argue they can only really compete locally and internationally if the price of the polymers propylene and polypropylene are brought down.

If government manages to secure lower polymer prices, it might allow South Africa’s plastics-moulding sector to compete with manufacturers in nations like Brazil.

In 2004, the government of Brazil created a plastic programme that saw polymer producers in the fuel sector partnering with thermoplastic producers and processors, as well as the government.

The initiative aimed to increase exports of plastic products.

The Brazilian trade and investment ministry says: “The synergy in trade promotion, business intelligence, empowering business and operational support has provided excellent business opportunities in the seven-year programme.”

Commenting on the similarities between the Sasol polymers hearing and the commission’s case against ArcelorMittal a few years ago, which also involved allegations of excessive pricing, the official said the cases were similar.

He said the two biggest inputs into manufacturing in South Africa are polymers and steel and so pricing of these products is “fundamental”.

Said the official: “We have a resource endowment in our stocks of iron ore and coal and the processing of these resources into steel, fuel and chemicals has a long history of state support.”

The official pointed out that, unlike the ArcelorMittal case, which was brought by a complainant in the form of Harmony Gold, the hearing
into Sasol’s polymers business was launched by a request from the dti.

That makes it unlikely Sasol will be able to secure an out-of-court settlement like ArcelorMittal ultimately did.

The official said both cases go to the heart of policy decisions that were taken in the mid- to late-1990s around former state-owned companies like Sasol and Iscor.

They were allowed to move their primary stock exchange listings overseas and have majority foreign shareholding with limited conditions.

“These policy decisions had a huge impact on South Africa,” said the official, describing them as Alec Erwin’s and Trevor Manuel’s legacy.

“In the bigger picture, broader questions need to be asked about that strategy.”

The official said the general attitude of Sasol towards engagement with government could be characterised as “obstructionist” rather than “open and honest”.

The official also pointed out Sasol had been found guilty of numerous competition violations, both in South Africa and Europe.

Former Competition Tribunal chairperson David Lewis went as far as to describe Sasol as a “serial offender”.

The official said Sasol’s obstructionist position was damaging relationships with government.

CASHING IN
Two of Sasol’s top directors last week cashed in share options worth millions – making both likely candidates for the list of best-paid executives in the nation.

Financial director Christine Ramon exercised options worth R33 683 276 while executive director Nolitha Fakude exercised options worth R11 084 414.

Both Ramon and Fakude were paid more than R11 million last year in salaries, perks and bonuses.

Based on the Sunday Times’ list of top-earning executives last year, Ramon seems likely to make it into the top 20 best-paid bosses in South Africa this year.

Fakude is a shoo-in for the top 50.

The two directors’ packages last year included a R982 000 “vehicle benefit” for Ramon and a R245 000 “security benefit” for Fakude.

Sasol chief executive David Constable received R32 million last year. But the figure included almost R10 million related to the American’s sign-on bonus in a move to South Africa to head up the petrochemical giant, which last year had profits of R24.3 billion.

SASOL SAYS
We welcome engagement with government on all levels and continue to pursue open lines of communication. We support government’s developmental objectives, particularly the dti’s efforts in creating an environment conducive to economic growth, driven by policies such as the National Development Plan and the New Growth Path.

Recently, the dti contributed R26 million in a partnership with Sasol towards the development of a business incubator, which is being driven by Sasol ChemCity (our enterprise-development vehicle) and will be housed in the Eco Industrial Park in Sasolburg.

The investigation, which has culminated in the current case before the tribunal, was initiated by the Competition Commission in 2007.

We completed a group-wide competition-law compliance review in 2010. This was a comprehensive review reinforcing our commitment to ongoing compliance.

Sasol believes the question of state support bears little, if any, relevance at all to this case.

The post Play ball Sasol, or plan B kicks in appeared first on City Press.

Teachers’ union orders members to ‘support’ company.

The SA Democratic Teachers’ Union (Sadtu) in Mpumalanga has ordered its members to “support” textbook publisher Shuter & Shooter – because the company is providing its members with training on the new curriculum.

City Press was this week leaked a copy of a memo from Sadtu’s Mpumalanga branch, addressed to “all regions and branches” and signed by the provincial secretary, Walter Hlaise.

In the memo, part of which Sadtu retracted in response to a request by Shuter & Shooter and action by the Publishers’ Association of SA (Pasa), Hlaise wrote: “All Sadtu members will support Shuter & Shooter by purchasing their books when orders for (textbooks and other learning materials) are made.”

He also wrote that the company would “sponsor activities of Sadtu (Mpumalanga)”.

In the memo, Hlaise wrote the union had resolved at its 2012 provincial general council to enter into an agreement with the company in which it would “run and fund Caps (curriculum) workshops for Sadtu members in the province on an intensive scale”.

The memo concludes: “We hereby remind all structures to initiate compliance with this decision and ensure principals of schools who are our members are aware of it.”

The Pasa wrote to Shuter & Shooter on Monday, registering its concern about the memo.

On Wednesday, the union retracted the clause encouraging teachers to buy the company’s books.

Shuter & Shooter’s managing director, Primi Chetty, said the memo “does not correctly reflect the nature of our relationship with Sadtu Mpumalanga”.

Chetty said the training provided by the company “is standard industry practice and teachers in the province will benefit from the training received.

There is no agreement between ourselves and Sadtu whereby their members are compelled in any way to purchase our product,” she said, adding that she was confident the training did not constitute a corrupt relationship.

But Steven Powell, a former state advocate and head of Edward Nathan Sonnenbergs’ forensic division, said a case could be made that the arrangement outlined in the memo “is a corrupt relationship based on the gratification provided to the union in the form of the sponsorship by the supplier of the union’s training functions”.

He said: “The quid pro quo is the instruction to use that company when orders are placed for learning material.”

He said the arrangement may also be an “anticompetitive practice”.

Officials, Powell said, would be abusing state funds if they preferred the sponsor’s product over better-quality or better-priced products as a result of the company’s “gratification” to the union.

“This could potentially also result in wasteful expenditure in contravention of the Public Finance Management Act,” said Powell.

When asked to clarify, Hlaise denied the memo amounted to a direct order for members to buy the publisher’s books.

“There is nothing sinister about it. We’re not saying we’re only buying Shuter & Shooter books,” he said.

“Supporting the publisher is not an instruction. We’re saying where our members can support them they must.

“Shuter & Shooter are helping us with teacher training. Why not support them when they are helping us for free?” He said rival publishers did nothing for the union.

“They’re just appropriating profits.”

Mandla Balisa, the chairman of Pasa, said the association was aware of the memo and had “started a process of engaging the publisher concerned and informing the department of education about the letter”.

He denied that other publishers did not provide teacher training, and said such training was facilitated through unions and provincial departments. Other publishers who spoke to City Press confirmed they had done training in Mpumalanga, but said they had dealt with education department district offices.

Mpumalanga education spokesperson Jasper Zwane distanced himself from the “so-called agreement in question”.

He said: “The arrangement is that schools are given a catalogue from which they order stationery or textbooks and each school or teacher would order based on their needs.

“At no stage would schools or teachers be instructed into choosing a particular publisher.”

The post Sadtu, publisher in sweetheart deal? appeared first on City Press.

He says some may be sceptical, but he’ll prove them wrong.

Russell Domingo knows he won’t be able to satisfy everyone, but he’s going to try.

The new Proteas coach is armed with lessons learnt by Peter de Villiers during his infamous tenure at the helm of the Springboks.

“I read his book and I understand a helluva lot of things he said in it, because those are the challenges you face as a cricket coach in South Africa and particularly a non-white cricket coach,” he said this week, four days after he landed the country’s top cricket job.

“There are always going to be people who are sceptical of the reason for your appointment and your credentials. It’s something you have to deal with and make sure those detractors don’t negatively influence you,” he said.

“I just need to make sure I give everything to the national side.”

A staunch Manchester United football fan, Domingo (38) hails from Gelvandale, Port Elizabeth. Unlike his hero, Sir Alex Ferguson, he is known for his easy and relaxed demeanour.

But this belies a stubborn streak he used to good effect during his tenure as coach of

the Warriors, the franchise consisting of Border, Eastern Province and South Western Districts players.

Having to unify cricketing enemies into a top side requires strength of spirit and stomach.

But it’s been an experience that has stood him in good stead for his new job as Gary Kirsten’s successor, which begins on August 1.

“People don’t understand the difficulties of managing two big regional cricketing headquarters like East London and Port Elizabeth, which are 300km apart. It’s not like Benoni and Pretoria, which are 20 minutes apart, or Cape Town and Paarl, just 40 minutes apart,” he said.

“There were massive challenges with that relationship, and massive challenges to become a unified franchise. When the franchise was based in East London, the people in Port Elizabeth did not identify with it, and when it moved to Port Elizabeth, it was vice versa.”

Local cricket fans no doubt want to know whether the national side will have a chance to win the Cricket World Cup and the T20 World Cup with Domingo at the helm.

He says he’s no choker and his domestic experience proves it.

The Eastern Cape trophy cabinet was bare before the 2009/10 season when he took the Warriors to two domestic victories.

“There was a stage where we got to six finals and lost them all before we won our first final. We had won a lot of semifinals leading up to those games so I can’t be called a choker,” he said.

“When I look back on that period, there are things I could have done differently – but not in the finals, in the games leading up to them. As a coach, you make a lot of mistakes, but the key is to learn from them and not to repeat them.”

To relax, Domingo needs even more adrenaline.

His other passion is deep-sea fishing, a sport taught to him by his father, who died 11 years ago.

The only son, and youngest of three children, Domingo was the one his father chose to fish with.

Domingo’s biggest catch, a 35kg yellowfin tuna, challenged his calm, patient approach to life.

“It took about 20 minutes to land and I pulled off the feat about two or three years ago. You have to focus flat out to catch a fish that size. Fishing and coaching definitely do not go together,” he joked.

Domingo, who is married to Genevieve and has two sons, Liam (8) and Kyle (6), is thankful modern cricket tours are not like those of two decades ago, when teams were away from home for months at a time.

His two boys are ardent cricketers themselves, and attend top cricket school Grey Junior in Port Elizabeth.

Kirsten made sure his squad members spent as much free time as they could with their families and Domingo wants to continue this trend.

“Cricket is a job and a livelihood. It’s a passion of mine that I love, but there are more important things in my life than cricket, and my family is one of them,” he said.

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Chief justice reveals how a prophecy as far back as 2004 told him he would be selected to be the country’s top judge.

Chief Justice Mogoeng Mogoeng was able to rise above public opposition to his appointment because he believed a “prophecy of God” had determined he would be chief justice.

Mogoeng has spoken out about how he made it through his marathon Judicial Service Commission interview and strident opposition to his appointment in an interview that was recorded for Watchmen on the Wall, a show which airs on Christian channel TBN Africa on DStv.

The interview was aired earlier this year, and City Press watched it on YouTube.

In response to a question from host Errol Naidoo about the controversy surrounding his appointment, Mogoeng explains how he was informed of the prophecy that he would be chief justice, as far back as 2004.

“Fortunately for me, and it may not make sense to you except (if you’re) a Christian, from as far back as 2004, there was a crusade in Mahikeng at the civic centre.

“A man by the name of Richard Grey . . . called me and said: ‘You are a judge, aren’t you? The Lord says you are going to be the chief justice of South Africa’.”

Mogoeng then tells Naidoo that he “laughed it off” but that the prophecy was subsequently confirmed by “men of God from London, Ghana, Nigeria and Washington DC”.

“That is why, notwithstanding the intensity of the opposition, not just from the country but from all over the world, the prophecy of God, who never lies, prevailed.”

Mogoeng’s 2011 nomination and subsequent appointment by President Jacob Zuma resulted in a media storm over his suitability to lead the judiciary.

Mogoeng’s nomination attracted criticism from, among others, trade union federation Cosatu, opposition parties and civil rights groups Section27, the Sonke Gender Justice Network and the Lesbian and Gay Equality Project.

In his interview with Naidoo, Mogoeng said the media storm “revolved around my Christianity. It had a lot to do with my faith. It looked like there was something about my Christianity that did not go down well with the people in the media and certain sectors of our society,” said Mogoeng.

Mogoeng’s comments have elicited a mixed reaction from a diverse group of lawyers City Press interviewed this week.

One senior counsel described Mogoeng’s comments as “utterly unacceptable”.

“It is a complete crossover between church and state. This, under a secular constitution.

“Of course he has the right to religious freedom, but in terms of the office he has accepted, he cannot associate himself with a belief in the public way he’s done,” said the lawyer.

Another advocate disagreed, saying that “Mogoeng became chief justice because of the work he’s done and the fact that he is respected by his peers, who nominated him. If he was motivated by religion that is understandable and it’s his issue.”

Another senior counsel said she would be “happier if the most senior judge in the land, the representative of the judiciary and the person who holds the Constitution in his hand was more grounded in reality”.

Another attorney said “it’s his belief and we cannot judge a person by their religion”.

Lulama Luti, spokesperson for the office of the chief justice, emphasised that TBN was a Christian channel and that Christians appreciated encouragement and testimony about how to make their way through difficult situations.

“To suggest that he is not permitted, as a Christian, to share his unpleasant experience and how he navigated his way through the attacks that were apparently calculated to prevent his appointment, just because he is the chief justice, is to deny him the enjoyment of his Constitutional right to freedom of religion,” said Luti.

She said Mogoeng sees “nothing wrong in confessing his Christian faith in the way he did and (testifying) about his absolute dependence on his God during an incredibly difficult time”.

City Press was unable to track Grey down.

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Is there really the kind of unity between Nigerians and South Africans that the presidents of the two countries recently celebrated? Charl Blignaut and photographer Leon Sadiki set off to find out

Flavour N’abania cuts a sartorial figure heading across the parking lot in his ­traditional kaftan, with glam dreads falling down his back. The tall, serious young pop star is running late after ­ getting caught up signing ­autographs.

If this was Lagos or Accra, though, the parking lot would be abuzz. Gardeners and receptionists will have left their work to come and greet. But the insular South African market is only starting to get to know the man who gave Africa its biggest hit of 2011, a banging highlife track, Nwa Baby.

“South Africans even know my lyrics now,” he says. “It’s since the music videos are being played on TV, on MTV Base and others.”

He arrived as part of Nigerian President Goodluck Jonathan’s delegation for his first state visit to South Africa and has stayed on to perform.

He’s been here often and I ask the obvious question: does he experience xenophobia?

He insists he doesn’t, but a few hours later he’s being interviewed on Metro FM and a young man calls in and puts on a Naija accent. “Hey,” he jokes to Flavour, “Why you take our ­money? Why you steal our ­women? We send you back to Lagos!”

It’s the kind of profiling Frank Ayoka knows well. The earnest businessman manages Flavour’s South African interests. He’s married to a South African and lives in Fourways.

“I’ve seen it in the police. I’ve once been stopped and they asked me for my driver’s licence. They see I’m Nigerian and the manner that they handled the whole situation, they were being totally rude to me. They will call you a kwerekwere (a derogratory term for foreigners). When they look at Nigerians, they already have that perspective that Nigerians are into drugs or crime”.

I ask if he experiences this in other African countries and he shakes his head. “Other ­countries know that we are the giants of Africa and we are treated with respect. It’s only here that we’re having that problem.”

Like almost every Nigerian I meet in Joburg – from drug ­dealers to executives – Frank is ­driven by creating business. ­

Nigerians like to run things. If you visit any pocket of little ­Lagos – Hillbrow or Yeoville, or Windsor or Balfour Park – you will find rows of Nigerian-owned shops.

Frank has sold his Rosebank boutique and taken over the ­family business. His father lived in King William’s Town, where he bought wine and exported it to the Congo.

When the sun sets, the ­photographer and I head to the ­Nigerian bars and clubs of ­Hillbrow. It’s a real African city.

Insane with traffic and people and music, and a lethal West ­African drink called mborogo that’s brewed from pineapple and leaves our heads spinning.

In a pool bar where the floors are sticky with spilt beer, West African pop is booming from the TV, and men stand eating ­supper.

“Nigerians travel because we want to see the world,” says Michael, one of the owners. “We want to make our fortune. Most want to go to America or ­Canada, but also South Africa. I saw on the TV it was a beautiful country with impressive ­structures … You will save up to one or two thousand dollars first. When you are here, you find your brothers.”

“The Nigerians have these committees,” says a Hillbrow ­policeman. “Someone is arrested and the elder brother will come and see you on behalf of the ­others from the same village. They will have collected money to free him, and will come and offer it to you.”

Michael is married but doesn’t have children. “In our culture, it is taboo to have children if you are not financially buoyant. Our fathers never left us on the street.”

Michael’s wife is from the Eastern Cape.

“We call them Home Affairs, the South African wives,” says the cop. “You bring a Nigerian in and ask, ‘Where are your ­papers?’ They say, ‘Here is my wife.’ It’s normally a woman from the Eastern Cape, his Home Affairs. It’s the common story – Igbo guy, Xhosa girl.”

“I think the Eastern Cape must be full of half-Igbo ­children,” laughs Yeoville chef Sanza Tshabalala.

Michael has a theory: “You see,” he says, “Nigerian women are not good like men to go and hustle for money. If you are a girl in my family, the parents take care of you until you have your first job.”

Xhosa women, they say, can look after money and manage your business. And they will fight for you if there is trouble.

He sends money to his wife’s family from the Shoprite across the road. He says that he is ­accepted as family when they visit the Eastern Cape and that he experiences no xenophobia. Nigerian communities are so ­established here that everyone is used to it by now. Life went on.

It’s starting to feel like there are no Nigerian women on the streets of Hillbrow when we run into Lilian Ikechukwu selling food from a cart. She lives with her husband and children in ­Berea, and insists we buy a ­portion of nkwobi, a spicy cow-leg stew. She tells me her food is ­famous, even among South ­Africans.

The Class Nite Club looks like a hole in the wall, but opens to a terraced bar and dance floor. The owner, Obi Egbunam, is a kindly man who I wouldn’t want to mess with. When he arrived in 1997, his first business was mending shoes on the pavement. Now he leads us through metal doors to his office.

Alongside a portrait of Mandela are photos of his five children. “I paid ­lobola for my wife,” he tells me when I ask. “We practise rituals when we are at her home. I was ­surprised to find how similar they are to the rituals in Nigeria. There will be elders, a blessing, a sheep will be slaughtered.”

His kids go to school in ­Saxonwold and are proudly South African-Nigerian.

“The xenophobic attacks ­generally happened in the townships, not the suburbs,” says a spritely, dreadlocked Sanza ­outside his restaurant E@t Arabi, E@t the World in nearby ­Yeoville the next morning.

“The Nigerians are accepted here. They are employers. They liberate our women sexually and otherwise. They are an ­enterprising bunch.”

Across the road is a club called Malalaituka, where the famous DJ Yemite plays a Nigerian set nightly. “Wealthy Nigerians come from all over to display their cars. They also come for the food. Some of the best Nigerian kitchens in the country are here.”

We visit Yoruba and Igbo kitchens all the way up Rockey Street.

Makamjuula Glatumji runs Baskim Restaurant with his mother-in-law. He’s been here for three years and has met a ­Nigerian wife. She is studying through Unisa and they’ve ­started a family. He says he ­experiences no xenophobia.

“But surely you get people who say Nigerians do crime, they sells drugs,” I say.

“Not all trees are bad,” he ­replies. “Some create shade. Just like we have some Nigerians who are bad, we also have some South Africans who are bad.”

After a glass of palm juice, I find the mama in the kitchen. She has been here for over a decade and says she can remember when people would call her “kwerekwere”. “I think apartheid made people like that. Now it has changed,” she says, tossing deep-fried turkey into a ­simmering pan.

At Blessing Catering, chef Lucky Olabode says that visiting stars and dignitaries phone and order takeaways from him. He packs the food up in cooler bags and sends it off to their five-star hotels. It is food that draws ­African communities together – from the South to Sandton. And the church. And football.

Many young Nigerians we meet want to become a soccer star. Many end up making soccer a career – in the supermarket-sized betting totes on every ­corner. Some arrive in the morning with a briefcase and get down to a day of gambling. In the totes every European match has its own TV screen.

Everyone goes to church. The adverts for prophets littering the streets can, in part, be attributed to the rise of Nigerian evangelist TB Joshua and his prosperity doctrine sweeping the continent. Even white South Africans travel to Lagos to see the great man in action.

But Pastor Robinson believes in salvation before wealth. We find him at his small, neat church in Yeoville, Passion of Kingdom Jesus Ministry.

“My face is all over town,” says the 40-year-old former model. “I have been here for 20 years.” He has seen the worst of the xenophobia. To the strains of a ­gospel CD playing on his laptop, he tells me he was beaten three times in the 1990s. At the height of the xenophobic attacks in 2008, his up-market boutique in Rosebank was targeted and looted. “I lost R620 000 in stock. I am still paying off that debt. After that I went to bible school.”

His congregation, he says, is the same as the restaurant ­clientele – a mix of African ­nationals. He eats the finest ­Nigerian food from local kitchens and even he is upbeat when I ask if things are changing. “You’ll be walking down the street and there’ll be South Africans playing D’Banj,” he says.

“John Snow from Channel 4 was here,” says Sanza.

“They were looking at Mandela’s death and xenophobia. The gangsters in Alex said that once the old man is gone, they are going to kick the foreigners out. I brought him to Yeoville and he found no xenophobia. He said, ‘You brought me to the wrong place.’ I said, ‘No. You’re asking the wrong question.’”

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