Hadeda News - 09 June 2023

Namaqualand Beauty (and bridesmaid) Gaylene Engelbrecht Captured by Newton Photography at a recent wedding in Springbok

Upington Artist Heidi Botha In Demand in the Western Cape

This work of art called “ Die Winkeltjie in Kanoneiland” was snapped by an art lover and art enthusiast in the Western Cape recently “Speaking to Hadeda News Live she said “ I am so humbled by these art lovers that allow us to buy canvases brushes and oil paint to make more art, the Northern Cape has the most pristine platteland scenes in the country” she said

You can follow her on facebook and instagram Facebook ‘Follow the Light artist Heidi Botha”

Die skryf van kortverhale

van Welbekende Gepubliseerde Skrywer - Annerle Barnard

In ‘n kortverhaal is daar nie tyd om die agtergrond of karakters te beskryf nie. Gebruik in media res, klim in jou storie in en suggereer agtergrondsinligting, ens. om jou leser aan die dink te sit.

Dialoog

Menige skrywer reken dat dit moeiliker is om ‘n kortverhaal as ‘n roman te skryf. Wat is die verskil tussen die twee? Bloot wat die lengte betref is daar ‘n verskil. Kortverhale is normaalweg enigiets tussen 1 500 en 10 000 woorde terwyl ‘n roman ten minste 50 000 woorde in beslag neem. ‘n Storie van 100 woorde word as mikrofiksie beskou en dis seker een van die heel moeilikste tipes stories om te skryf, maar dis ‘n briljante skryfoefening.

Wenke: die skryf van kortverhale

Watter belangrike aspekte moet jy in gedagte neem wanneer jy kortverhale skryf?

Sny jou storie tot op die been

Jy het nie woorde om mee te mors nie. Sny daarom enige irrelevante besonderhede. Indien dit nie tot jou plot of karakterisering bydra nie, raak daarvan ontslae. Ook fokus kortverhale (in teenstelling met romans) slegs op een aspek van ‘n karakter se lewe of een aspek van ‘n probleem.

In media res

Vermy vreeslike lang vooraf verduidelikings en mooiskrywery. Begin so na aan die einde as moontlik. Gebruik jou inleidende sinne en paragrawe om die leser te haak en in te katrol.

Handhaaf die tempo

Omdat kortverhale naby die einde begin, moet jou storie reeds aan die beweeg wees wanneer dit die leser tref. Dit

moet die leser meesleur en die tempo versnel gewoonlik wanneer die protagonis die finale konflik nader. Moenie jou leser verveel nie.

Voorbeeld:

“Ek kan nie glo dat prinses Diana gisteraand dood is nie.”

vs.

Susan laat val haar teekoppie. “Ek het nie geweet nie.”

Min karakters

Daar is nie tyd of plek om ‘n groot hoeveelheid karakters te ontwikkel nie. ‘n Kortverhaal kan so min as een karakter hê, maar het nie meer as drie karakters nodig nie.

Konflik

Sonder konflik het jy nie ‘n storie nie. Die konflik kan innerlik, uiterlik of beide wees. Konflik stuur stories. Dit is die enjin van jou storie. Vir ‘n kortverhaal is een punt van konflik voldoende. Rooikappie sal dus nie ‘n vete met die wolf en die houtkapper en die burgermeester en die bouer hê nie. Haar vete met die wolf is voldoende.

Kurt Vonnegut reken dat skrywers sadiste moet wees. Hulle moet slegte goed met hulle karakters laat gebeur om te wys van watter stoffasie die karakters gemaak is. ‘n Kortverhaal kan nie te veel spanning hê nie.

Vermy keel skoonmaak

Maak seker dat jy die dialoog effektief gebruik en dat dit die storie dra en voortstuur. Dit moet karakteriseer en die plot dryf. Onthou, dit wat nié gesê word nie, kan baie belangrik wees. Sny die dooie hout en maak seker die dialoog dra gewig.

Voorbeeld:

“Vertel my van jou beste vriend. Watter tipe mens was hy?”

vs.

“Jou beste vriend was ‘n wetter, nè?”

Mik vir die hart

Selfs al is jou storie kort, moet dit steeds soos ‘n vuishou verpak wees. Die leser moet daardeur geraak word: maak nie saak of dit die leser laat lag, bly maak, kwaad maak of hartseer laat voel nie.

Een van die heel beste kortverhale ooit, is een van Heinrich Böll wat ek in 1991/1992 gelees het. Ek onthou nie al die besonderhede nie, maar ek onthou die verskriklike ontnugtering wat ek aan die einde van die verhaal ervaar het.

‘nAnder een van Franz Kafka het my sprakeloos hartseer gelaat.

Mik vir die leser se hart.

‘n Protagonis waarvoor die leser omgee

Indien jou leser vere vir jou protagonis voel, gaan jou storie nie slaag nie. Hoe maak jy seker dat die leser van jou protagonis sal hou?

Gee vir jou protagonis ‘n passie: iets wat sy/hy hopelik met die leser in gemeen sal

hê. Gee vir die protagonis iets wat haar/hom uit hulle gemaksone neem. Dit moet vir hierdie karakter uiters belangrik wees. InThe Hunger Games, byvoorbeeld, probeer Katniss Everdeen haar suster red deur aan te bied om in haar plek aan die spele deel te neem. In Spel, weet Lukas Brandt hy moet die transterrane en kuborge vermy, maar hulle het sy broer, Daniël, ontvoer. Hy gaan soek na sy broer al weet hy dat dit lewensgevaarlik is. Hy is só gedetermineerd om sy broer te red dat hy bereid is om sy gemaksone te verlaat en gevaar in die oë te staar

Gee vir jou karakter ‘n swakheid wat sy/hy hopelik met die leser sal deel: Lukas Brandt in Spel stoei met ADHD, Paul Rudman in Sweepslag en Sindikaat stoei met major depressie en angs.

Gebruik al vyf sintuie

Moenie lesers tot die visuele beperk nie.Trek hulle in jou wêreld in: laat hulle voel, ruik, hoor en proe. Die leser moet ervaar. Dis wat bedoel word met “wys, moenie vertel nie.”

“Hy vee die slaap uit sy oë uit. Die reuk van spek en eiers op die stoof het sy drome verdryf.”

Redigeer, redigeer, redigeer!

Raak van oortollige byvoeglike naamwoorde en bywoorde ontslae.

Kombineer karakters waar moontlik.

Wys, moenie vertel nie.

Laat elke sin tel. Raak van oorgangstonele ontslae.

Raak ontslae van herhaling. Die skryf van kortverhale

Besluit hoeveel van die agtergrondsinligting is regtig noodsaaklik. Beperk storielyne, asook die hoeveelheid karakters en beperk die konflik tot slegs een gebeurtenis.

Wenke

Lekker skryf.

Die is n heerlike "Curry Brawn" resep wat ek uit my ma se resepte boek gaan krap het. Dis heerlik en verskriklik maklik.

4 Varkpote - skoon gemaak 'n stuk beespens skoon gemaak

1.5kg beesskenkel vleis

5 groot uie, gekap 400 ml asyn 30ml matige kerrie poeier

15ml sout of na 15 ml borrie

Manie’s Bistro

2ml peper smaak

METODE:

Plaas die pote, pens en skenkel vleis in n groot diep kastrol met n dik boom. Voeg die res van die bestandele by asook genoeg water om die vleis mee te bedek. Sit die deksel op en kook totdat al die vleis van die bene val. Laat dit afkoel tot lou, verwyder al die bene. Maal al die vleis fyn en

voeg by sous in kastrol. Voeg nog kookwater by as die sous te min is. Laat dit opkook en proe of daar genoeg sout en kerrie in is. Giet die mengsel in reghoekige of vierkantige bakke en plaas in die koelkas om te stol. Dit is na n paar uur reg vir gebruik. Bron: Facebook/ Resepte vir Almal./ Suidwesters Kan Lekker Kos Maak.

1. Op Pad na Grysberg is 'n epiese fantasie. In watter genre skryf jy gewoonlik?

Dit was ʼn eerste vir my Alhoewel ek versot is op fantasieverhale, het ek nog nie so iets op my eie aangepak nie. Ek skryf enigiets van samesweringsromans, tot jeugverhale en Romanzas. Het selfs al ʼn hele klomp musiekblyspele met ʼn moderne Christentema geskryf en op die planke gebring.

2. Noem asb. 'n paar ander titels van boeke/draaiboeke wat jy geskryf het.

My twee samesweringsromans is Die Alfadokument (Lapa) en Die Omegakomplot.

My jeugboeke sluit in: Wee Monk's Tale, the Secret of Immortality (2012), die Monster in my Melkskommel (2023/Lapa) en in Junie 2023 kom Tuimeltrein (NB) uit. Ek het ook heelwat Romanzas (Lapa) geskryf, tot op datum 15, waarvan die SuperRomanza, ʼn Storm vol Liefde, die Rosa Imbali toekenning vir uitmuntende skryfwerk gewen het in 2020.

3. Hoe het jy by die projek betrokke geraak?

Stefaans Coetzee het my gevra om een van die skrywers te wees nadat hy my eerste samesweringsroman, DieAlfadokument, gelees het en toe baie geniet het. Ek het bevoorreg gevoel om hiervan deel te kan wees.

4. Watter hoofstuk het jy geskryf en tot watter genre behoort jou

hoofstuk?

My hoofstuk was agtien en ek sukkel om te dink watter genre dit kan wees. Ek moes basies vir M insig gee oor haar spesifieke gawe en die feit dat die redding van Grysberg in haar hande lê en dit terwyl sy nog glad nie geweet het hoe sy dit moes doen nie.

5. Het jy die hoofstukke voor joune vooraf gelees?

Ek het net die hoofstukke voor myne gelees en dit was vir my insiggewend hoe elke skrywer hul hoofstuk so fantasties kon laat volg op die vorige een, elkeen met hul spesifieke skryfstyl en verbeelding. So het elkeen die storie vorentoe gedryf met nog intriges en insig in M se karakter Dit was net ongelooflik interessant. Ek was verstom oor almal se kreatiwiteit.

6. Het jy vooraf geweet hoe die laaste hoofstukke in die roman lyk of was dit vir jou 'n verrassing?

Ek het net die vorige hoofstukke tot my beskikking gehad en was so nuuskierig om laaste paar te kon beetkry. Dit was ʼn groot en lekker verrassing toe ek uiteindelik my hande daarop kon lê.

7. Hoe het dit vir jou gevoel om deel van 'n projek te wees, eerder as om iets op jou eie aan te pak?

Ek was baie opgewonde om deel van die projek te kon wees, al was byna al die skrywers meesters in die skryfkuns en ʼn mens voel half geïntimideer. Maar ek het besef ons

elkeen het ʼn ander invalshoek en insig om te bied. En hoe lekker is dit wanneer iemand anders vir jou ʼn idee gee om oor te skryf en jy nie een moet uitdink nie!

8. Sal jy dit oorweeg om in die toekoms iets soortgelyks saam met ander skrywers aanpak?

Ja, absoluut. Die ervaring was ʼn groot leerskool vir my

9. Hoe het jy dit gevind om saam met skrywers van ander genres te werk? Dit was vir my ʼn leerskool. Om elkeen se styl en verbeelding so voor jou te sien ontvou was fenomenaal. Geen skryfkursus kan jou hierdie goed leer nie. Ek is nederig dankbaar dat Stefaans en sy span my gekies het om hiervan deel te wees. Ook kry ek ongelooflike goeie terugvoer van lesers wat nog nooit so ʼn konsep ervaar het nie. Dit is beslis ʼn wenner

22 van die land se voorste skrywers in verskillende genres, het hul tyd en talente ingespan om saam aan ’n enkele roman te skryf.

Madelein Rust, Dibi Breytenbach, Annerle Barnard, Sidney Gilroy, Elsa Winckler, Hannes Barnard, Stefan Enslin, DuaneAslett, Jan Vermeulen, Henk Breytenbach, Didi Potgieter, Brian Fredericks, Ferdie Swanepoel, Erla Diedericks, René van Zyl, Christelle Van Rooyen Wessels, Irna van Zyl en Kerneels Breytenbach is van die skrywers wat saamgeskryf het.

René Van Zyl

TRANSNETFreight Rail said it had suspended one of two rail lines that transports export iron ore, as well as manganese, from SouthAfrica’s Northern Cape to Saldanha Port in the Western Cape.

The government-owned rail and ports utility said in a statement on Wednesday evening that all mainline operations had stopped following cable theft. However, it was reopened almost immediately, according to Kumba Iron Ore which uses the line.

“Please note that the IOEC (iron ore export channel) line was reopened last night and the impact was not material,” said Sinah Phochana, spokesperson for Kumba.TheTransnet division said it became aware of the theft following a power failure late on Tuesday evening. On inspection, “11 spans of catenary and contact wire were stolen”, it said. The theft was near Olifantshoek in the Northern Cape.

SaidTransnet: “The security teams were immediately activated and are working with law enforcement agencies, stakeholders and customers to curb this security threat. “Transnet Freight Rail continues to maintain regular contact to update its customers and stakeholders on the status of the line repairs”.

“We still have some challenges in coal and chrome,” said Baxter, adding that a combination of locomotive shortages and a maintenance backlogs has harmed the ability ofTransnet to maintain or increase mineral export volumes this year

The manganese sector is “making the most progress”, but it is “two millon tons down on their targeted year-to-date performance” whereas in chrome they are hitting less than 40% of their target, said Baxter

There was even worse news for the country’s coal exporters where the annualised performance year-to-date is “welll below the 40 million ton level, without a doubt”. Baxter at press conference following the council’s annual general meeting (AGM).

This blow to iron ore exports comes on a day mineral exports were said to have fallen below targets set out for the year by the Minerals Council. Export chrome deliveries were as much as 40% below expectations, said the council’s outgoing CEO Roger Baxter .Thungela Resources, one of SouthAfrica’s largest coal exporters, said earlier this year it was hoping to stabilise the coal line; in other words, to keep

volumes at about 50Mt which represented a 30-year low in deliveries to Richards Bay

The Minerals Council agreed to form a collaborative structure with Transnet last year in an effort to improve efficiencies and cut back on crime affecting the rail network operator’s performance. Consisting of four committees representing chrome, coal, iron ore and manganese exports, the collaboration’s short-term goal was to establish ‘stability’.

There are glimmers of hope, however. On May 30, the Presidency announced that by October an infrastructure manager would be created to allow private companies to run trains on key freight tracks.

Asked to comment on the initiative,

Baxter said it was “a step in the right direction.An infrastructure manager on the rail network does the same thing as the proposed separation of a transmission company for Eskom, said Baxter.

“Private operators can access it through a proper rail regulator and that’s then regulated. So on energy you pay a fee to operate on the transmission network; on the rail you pay a fee to operate on the rail network,” he said.

Currently, mineral exporters sign take-or-pay agreements with Transnet.The difference with working through a separate company is that the function is externalised andTransnet is not obliged to deliver goods against the access to the network. -

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Closing Or Merging Small Schools Will Increase Drop-out Rate

Parents and residents of the greater JohnTaolo Gaetsewe District Municipality in the Northern Cape have pleaded with the NationalAssembly committee on basic education to reconsider one of the clauses of the Basic Education Laws Amendment (BELA) Bill that outlines the process for the closure of small non-viable schools.

The committee successfully held the second of three public hearings on the bill in the Northern Cape yesterday

The residents told the committee that the small schools were the backbone of communities and that instead of merging them, the department must find means of supporting and encouraging their continued existence.

There was also a view that the unintended consequence of the closure of small schools escalated the drop-out rate.

Also, participants cautioned that through the closing of schools, the department was encouraging learners to utilise scholar transport which was, in most cases, unreliable and unsafe for young children and subjected them to longer travelling time to reach schools.

Similar to the hearings in Upington, the Bill received mixed reviews with some participants supporting the Bill and others against it.

Those who supported the Bill asserted that one of the most important considerations they based their support on, was the compulsory attendance of school from Grade R as it provided a necessary platform for the preparation of learners in the education system.

Also, some highlighted that there were areas in the district that did not have Early Childhood Development (ECD) Centres and the absence of those centres disadvantaged learners.

Those in support of the Bill further highlighted that through the regulation of the homeschooling environment, the Bill would ensure adherence to teaching standards and ensure that parents who home-schooled their children were adequately empowered and capacitated to render this service.

Meanwhile, those against the Bill shared personal experiences of how through home-schooling they enjoyed an option that provided, among other things, personalised and flexible

education that catered for individual learner needs. There were views that independent assessment of home-schools proposed “undemocratic and unnecessary bureaucratic oversight” that would make home-schooling difficult and deny children access to the education system of their choice.

Furthermore, there was an assertion that was expressed that the Bill overlooked the benefits that the home-schooling system could provide.

Parents raised concern that the Bill sought to usurp the rights of

parents to decide about their children.

Another concern raised regarding the centralisation of the procurement of Learner and Teacher Support Materials (LTSM) as proposed in clause 16 of the Bill.

The concerned parties said that some provincial education departments were currently unable to procure LTSM and this would be an additional responsibility to provincial departments that lacked capacity to deliver quality material on time. - IOL

Northern Cape residents have told the portfolio committee on basic education that small schools were the backbone of communities and that instead of merging them, the department should find means of supporting and encouraging their continued existence. Picture: Cindy Waxa/African News Agency (ANA)

Domestic Workers Deadline For June

2010 World Cup $10m ‘bribe’: South Africa Left Out Even As $201m Returned To Fifa

The cash-strapped SouthAfrican FootballAssociation lost out on a cut of billions of rands being distributed to the victims of Fifa’s graft scandal — seemingly because the association denies it was swindled out of the $10m.

The sour legacy of the $10-million the SouthAfrican Football Association (Safa) allegedly paid to seal the awarding of the 2010 Fifa World Cup continues to haunt the association, its president Danny Jordaan and SouthAfrican soccer at large, an amaBhungane investigation has found.

It appears that Safa will not benefit from $201-million (almost R4-billion) in restitution awarded to Fifa by the US Department of Justice (DoJ) last year, even though the alleged $10million “bribe” paid to ex-Caribbean football supremo Jack Warner was cited in Fifa’s claim.

Warner was vice-president of Fifa (world football’s governing body) and president of the Confederation of North, CentralAmerica and CaribbeanAssociation Football (Concacaf) at the time of the payment. He served in those roles until his suspension and eventual resignation in 2011.

SouthAfrican authorities have always claimed the $10-million (now worth around R195-million) was “support” for the “African Diaspora Legacy Programme” but the money was paid into a bank account controlled by Warner

The 80-year-old is still fighting a rearguard action to avoid extradition to the United States to face charges of racketeering, wire fraud and money laundering.

Those charges stem from a 2015 indictment that rocked the footballing world. Most of SouthAfrica’s attention when that indictment was unsealed by US authorities was on the allegation that the $10-million was paid to Warner as a reward for voting for SouthAfrica’s successful 2010 World Cup bid.The uproar that followed drowned out a key allegation regarding the payment: that the funds were charged to Safa’s account without the knowledge and approval of the association’s National Executive Committee (NEC) — Safa’s highest decision-making body

Now Safa’s omission from the list of “victim organisations” in the $201million claim means that the $10million the association lost, through what one former Safa vice-president claims was a “fraudulent transaction”, is unlikely to be recovered. Safa, which is in a “precarious” financial position according to the association’s former vice-president Gay Mokoena, will watch from the sidelines as Fifa distributes the billions of rands awarded by the DoJ.

This development brings into sharp focus the role Jordaan played in facilitating the $10-million payment during his tenure as CEO of the 2010 Fifa World Cup local organising committee (LOC), and in subsequent

efforts to put an innocent face on the transaction — at least from South Africa’s side.

It also shines a light on the Safa NEC’s potential failure to fulfil their fiduciary duties which includes protecting the association’s financial interests.

Restitution

“These funds [$10-million] should have been used either by Fifa for the benefit of its member associations or the 2010 Fifa World Cup local organising committee, or as originally intended to benefit the Caribbean region,” Fifa wrote in their official request for restitution.

The world governing body painted itself as a victim robbed of millions of dollars by people it trusted to handle Fifa business in various associations across the globe.

Fifa cited the $10-million paid to Warner among the funds it sought to recover in the petition it submitted to the DoJ along with Concacaf and the SouthAmerican football governing body, Confederación Sudamericana de Fútbol (Conmebol).

Former Safa chief executive Dennis Mumble, who wrote to Fifa on 22 June 2016 pledging Safa’s support of the restitution claim, told amaBhungane that his letter was part of a process to plead the association’s case that it was also a victim.

“We trust that, should these allegations be proven to be true, the restitution claim would be favourably considered by the US authorities and that the football family would have its good reputation restored and that the victims of these ugly deeds be recompensed,” Mumble wrote.

Yet it is unclear whether Safa followed up on this letter, and indeed presented their case as a victim.

Safa and Fifa did not respond to amaBhungane’s question on whether Safa is regarded as a victim.

Fifa and the DoJ’s statement only mention Fifa, Concacaf and Conmebol as those who will benefit from the over $200-million.

Why not Safa?

AmaBhungane’s deep dive into how the original $10-million was paid in January 2008 suggests that Safa was indeed a victim — a victim of Jordaan and Jérôme Valcke, the former Fifa general secretary

The evidence shows they scrambled to get the payment pushed through — without proper authorisation and without explanation for the rush. Whether they acted in innocent good faith or as knowing participants in a kickback scheme is not clear

However, the evidence suggests that Jordaan’s central role, then and now, has hamstrung Safa’s ability to claim its share, has contributed to poisoning Jordaan’s relationship with a string of Safa office-bearers, and has compromised the imperative for the Safa NEC to hold him to account

over the issue.

Safa and Jordaan, through their lawyers, told amaBhungane they regarded our inquiries (comprising 27 questions posed over 12 pages of context and evidence) as contributing to “false, reckless, baseless and erroneous reporting”.

Their lawyers, Fairbridges Wertheim Becker, wrote to us: “It is perplexing that you seem hard and fast in continuing at levelling questions to our client regarding the $10 000 000 paid by Fifa for theAfrican Diaspora.” This was perplexing to them because “the matter dates back to 2007 (15 years ago) and is therefore inanimate having died a natural death”; because Safa had previously answered questions related to the payment and because the South African government had spoken on the matter and it “was considered closed years ago”.

The letter went on to accuse amaBhungane of “bias” and therefore neither Safa nor Jordaan would be answering any of our questions. Safa NEC members who sit on the national list also did not respond to an earlier question on whose authority the $10-million was taken. In February, perhaps as a result of earlier questions from amaBhungane sent in December, Safa announced it had referred allegations, including those related to the diaspora legacy projects, to its ethics committee, chaired by retired Justice Sisi Khampepe.

AmaBhungane sent a copy of its latest questions to Khampepe, who did not acknowledge receipt.

Recap: SouthAfrica, Warner & CoConspirator #4

Whether Jordaan likes it or not, the matter is still very much alive.

The US authorities’prosecution has seen 27 individual defendants and four corporate entities plead guilty Two Fifa heavyweights, JuanAngel Napout of Paraguay and Brazil’s Jose Maria Marin, were convicted of racketeering after a trial.

Anumber of the defendants were ordered to forfeit assets obtained through corrupt activities, and under federal law the DoJ has the authority to distribute proceeds of the forfeited assets through a remission process to victims of the crime.

This was the origin of more than $200-million which the DoJ awarded to Fifa.

Various trials under the main Fifa docket are still under way, while the case against Warner — which is the one that implicates SouthAfrica — is yet to begin.

It is worth recalling what the latest indictment against Warner, lodged in 2020, had to say. It alleges, “In approximately 2004, high-ranking officials of Fifa and the SouthAfrican government indicated to the defendant Jack Warner that they were prepared to arrange for the government of SouthAfrica to pay $10 million… purportedly to ‘support theAfrican diaspora’but in fact to

secure the votes of Warner and other CONCACAF representatives on the Fifa executive committee in favour of SouthAfrica as host of the 2010 tournament.”

The alleged reward payment was made four years later: “As part of the scheme, on or about January 2, 2008, January 31, 2008 and March 7, 2008, a highranking Fifa official, Co-Conspirator #4, caused payments of $616 000, $1 600 000 and $7 784 000 — totalling $10 million — to be wired from a Fifa account in Switzerland to a Bank of America correspondent account… for credit to accounts held in the names of CFU [Caribbean Football Union] and CONCACAF, but controlled by the defendant Jack Warner.”

Wooing Warner

AmaBhungane has pieced together the strange details of the payments — and their lasting fallout — from court records, interviews with former Safa officials and documents disgorged by Safa as a result of a 2017 access to information request by amaBhungane.

We know that “high-ranking Fifa official, Co-Conspirator #4”, is in fact former general secretary Jérôme Valcke — because of documents that have emerged showing he was pressing SouthAfrican officials to make the payment.

Valcke, who is appealing against a Swiss conviction for bribery in a case involving World Cup media rights, told amaBhungane, “This case has been closed by both prosecutors in the US and Switzerland because whatever you think, there was never any evidence saying that neither [former Fifa president Sepp] Blatter, [former Fifa deputy general secretary] Markus Kattner or myself have done anything wrong and all was supported by evidence showing we only did what was agreed between the parties in regards of this diaspora support decided by the SouthAfrican government, Safa and CONCACAF/CFU.”

TheAfrican Diaspora Legacy Programme, under whose name the money was paid, was the brainchild of former presidentThabo Mbeki, who mentioned in several speeches and in the bid document that the 2010 Fifa World Cup should benefit not only SouthAfrica but the rest of the continent and those in theAfrican Diaspora.

This statement by Mbeki has been used by various government officials as well as Safa to justify why the $10million was not a bribe.

“The SouthAfrican government was “a principal originator of the policy to include theAfrican Diaspora in the 2010 Fifa World Cup” and the “prominence … of high-ranking South African Government officials” demonstrates the government’s “commitment to the [$10-million] ‘Diaspora payment’,” Safa’s lawyers told us in 2017.

But no one has produced an official proclamation where Mbeki or his government commits the country to paying the amount as part of the continues on pg 16

programme.

Yet, as amaBhungane reported in 2015, SouthAfrica was acutely aware of the need to get the three votes Concacaf controlled on the Fifa executive and pulled out all the stops to lobby Warner

If there was a secret SAgovernment commitment, as alleged in the US indictment, then it might account for why Jordaan is so angry at being left holding the $10-million baby

However, as we shall see, there might have been another reason why the delayed payment became so urgent at the end of 2007.

The Jérôme and Danny show

Valcke seems to have kick-started the drive to get these funds paid as soon as possible following a crucial meeting in Zurich on 19 September 2007, allegedly between Valcke, Jordaan, Fifa president Blatter and SA’s then deputy finance minister Jabu Moleketi.

Seemingly it was agreed between those present that the SouthAfrican government would pay $10-million to Concacaf because the same day, Valcke addressed a letter to the foreign affairs director-general, Ayanda Ntsaluba, asking him to confirm this arrangement.

He informed Ntsaluba the South African government had committed to paying $10-million “to the legacy programme for the Diaspora and specifically for the Caribbean Countries”.According to Valcke, the agreement was that the funds would be paid to Fifa who would in turn transfer it to Concacaf.

Jordaan followed up with Ntsaluba two days later, attaching Valcke’s letter to his inquiry and ending his communication by stating: “Your cooperation in ensuring that government meets its commitment will be highly appreciated.” Jordaan also wrote to Warner on the same day, informing him that he had met with Valcke, Blatter and Moleketi in Zurich on 19 September 2007 and assuring him that he would “ensure that the matter is concluded as soon as possible”.

Moleketi has refused to comment on the Zurich meeting.

The former deputy minister — who now chairs Harith General Partners, the main buyer of SAA— told amaBhungane that the $10-million matter had been finalised by the US, Swiss and SouthAfrican authorities so he did not understand the publication’s “obsession” with the issue.

Valcke was pushing so hard for urgent finalisation of this payment that on 7 December 2007 he sent an email to Moleketi at 1.34am in which Valcke complains that he “never received confirmation” that his letter of 19 September 2007 had been received, adding: “but more important I would like to know when the transfer can be done”.

He finishes by saying: “This is based on discussion between Fifa and the SouthAfrican government and also between our President and H.E President Mbeki.”There is no explanation of what was behind the need for these funds to be paid so urgently, even though they were part of a legacy of a tournament that was three years away at the time.

By comparison, the plan was that the other Legacy projects would only start receiving funding in 2008 and would receive funding over the course of at least three years — these were projects, after all, that were intended to leave a legacy for an event that would only take place in 2010.

In the documents that amaBhungane obtained from Safa following a lengthy promotion of access to information fight, we could not find any mention of paying $10-million to Concacaf as part of theAfrican Diaspora Legacy Programme.

Eddy Maloka, who headed the African Legacy Programme until late 2007, told amaBhungane that their budget and work never included a payment of $10-million to Concacaf. His successor, Itumeleng Dlamini, told us it was a long time ago and she doesn’t remember

The official budget, presented to Fifa in January 2007, included a much more modest R20-million for the entireAfrican Diaspora, and was scheduled to be paid out over the course of four years.

Instead, the $10-million that was rushed through to Concacaf in early 2008 would dwarf the entire legacy programme.

Loading the Local Organising Committee

What emerges from the documentation is the SA government’s strange reluctance to be directly associated with the payment to Concacaf: strange if one assumes it was a generous expression of solidarity with the Caribbean diaspora and not a bribe.

On 10 December 2007 (three days after Valcke’s midnight email to Moleketi) Jordaan wrote to Valcke saying that the government had undertaken to pay the $10-million towards the “2010 Fifa World Cup Diaspora Legacy Programme”. He added that Moleketi recommended that the money be paid to Fifa but the then minister of foreign affairs, Dr Nkosazana Dlamini Zuma, suggested that the money be paid to the LOC.

Dlamini Zuma did not respond to questions amaBhungane sent to verify Jordaan’s claim.

This version chimes with that provided in the 2015 indictment drawn up when former Concacaf general secretary Chuck Blazer was still alive. Blazer was cited as Warner’s co-conspirator (and was allegedly paid a $750,000 cut of the $10-million) but began working undercover for the FBI in December 2011 and became a cooperating witness.

He died of cancer in 2017.

The 2015 indictment alleges, “In the months and years after the vote, CoConspirator #1 [Blazer] periodically asked Warner about the status of the $10 million payment.At one point [Blazer] learned that the South Africans were unable to arrange for the payment to be made directly from

government funds.Arrangements were thereafter made with Fifa officials to instead have the $10 million sent from Fifa – using funds that would otherwise have gone from Fifa to SouthAfrica to support the World Cup.”

Jordaan’s 10 December 2007 letter seemingly attempts to regularise this arrangement.

He wrote to Valcke, “In view of this determination [by Dlamini Zuma] I want to suggest that Fifa deducts this amount (US$10.0m) from the LOC’s future operational budget and deals directly with the Diaspora legacy support programme. I further suggest that an agreement be drawn up between all the parties to formalise the matter.”

We put it to Jordaan that no such agreement was ever drawn up.

Indeed, up until Jordaan’s 10 December 2007 letter, the assumption was that the South African government would fund the $10-million payment, not the LOC.

According to the indictment, Valcke delivered the first payment of $616,000 from Fifa’s account to Concacaf on 2 January 2008.That payment was done without any authorisation from the LOC.

Knowing that Jordaan’s suggestion did not hold any power to authorise such a financial commitment without the approval of the LOC board, Valcke wrote to Jordaan on 28 January 2008.

In the letter, Valcke tells Jordaan that he and the chairman of the LOC, Irvin Khoza, must send him a signed confirmation that Fifa must deduct the $10-million from the LOC’s $423million operational budget, that these funds will be administered “directly” by Warner and that Safa is aware of the plan.

Valcke ends by mentioning that Fifa has already received two funding requests from Warner, $616,000 for an under-16 tournament and $1.6million for renovations of a sports centre.

There was no mention that Valcke had already processed the $616,000 payment.

Three days later, Valcke proceeded to make the second payment of $1.6million — also without proper authorisation from the LOC.

“It took more time than expected to get this letter [of authorisation] signed by Safa but after many requests from Kattner and myself they finally signed it and all was then in order fulfilling all compliance within Fifa statutes,” Valcke told amaBhungane when asked why he approved these two payments without rightful authorisation.

“And if you want to know why it took time ask Danny Jordaan or the president of Safa at that time [Molefi Oliphant]. Case is closed and over after many years of investigation.”

Two days before Valcke authorised

the $1.6-million payment, Jordaan wrote to him apologising for the delays in getting the needed authorisation.

“I have conveyed your proposal of an emergency call between [LOC] board members to the Chairman of the Board. He, however, stressed that the decision needed to be taken in a properly constituted and recorded meeting,” Jordaan wrote.

Jordaan vs Oliphant

Most of the Safa top brass were in Angola at the time for theAfrica Cup of Nations, so getting their approval would have been difficult. Jordaan conveyed this to Valcke. “I accept that this delay is causing considerable pressure and frustration but please be assured that I am trying to expedite this urgent matter,” wrote Jordaan.

By late February, an obscure document was presented to a skeleton exco of the LOC, comprising Jordaan, Khoza, Moleketi and the then minister of sport Makhenkesi Stofile.

The document is on a plain page with no letterhead, but crucially made two recommendations:

That the LOC approach the government for an additional R70million in funding; and

That exco recommends that the board greenlights “a contribution of 10.0 million US$ to be deducted from [the LOC’s] approved budget for the purpose of supporting legacy programmes in the Diaspora under Fifa’s management and control”.

According to the minutes of the 22 February 2008 meeting, both ministers “confirmed that the financing proposal appeared reasonable and it would be in order for the SAGovernment to confirm its commitment in writing”.

This never happened, but with Valcke breathing down his neck, Jordaan still needed something in writing.

When the Safa top brass returned from theAfcon, Jordaan allegedly asked Oliphant, the Safa president, to sign a letter authorising Fifa to deduct the $10-million from the LOC’s operational budget.

The letter appeared to base its approval on “the decision by the SouthAfrican Government that an amount of US$ 10 million be paid to the 2010 Fifa World Cup Organising Committee SouthAfrica” — in other words on assurances the government would make good the shortfall.

Northern Cape Coal Struggling to get Transported out of Province

SOUTHAfrica’s coal producers are heading into more disappointment as the rate of exports has declined another fifth in the year-to-date.

Outgoing CEO of the Minerals Council Roger Baxter said the annualised rate of coal deliveries to Richards Bay this year is “well below 40 million tons (Mt), without a doubt”. The coal industry’s coal deliveries last year were just over 50Mt, a 30year low

Thungela Resources CEO July

Ndlovu said in March he was hoping for “a stabilisation” in coal deliveries on the Mpumalanga to Richards Bay line operated byTransnet Freight Rail, a division of the state-owned Transnet.

The company pruned its forecast export production to between 10.5Mt

and 12.5Mt for the financial year in order to account for lower offtake. This is well below the 14.5Mt it exported in 2021.Thungela reported export sales of just over 13Mt for its 2022 financial year

“We still have some challenges in coal and chrome,” said Baxter, adding that a combination of locomotive shortages and a maintenance backlogs has harmed the ability ofTransnet to maintain or increase mineral export volumes this year

The manganese sector is “making the most progress”, but it is “two millon tons down on their targeted year-to-date performance” whereas in chrome they are hitting less than 40% of their target, said Baxter

The Minerals Council agreed to

form a collaborative structure withTransnet last year in an effort to improve efficiencies and cut back on crime affecting the rail network operator’s performance. Consisting of four committees representing chrome, coal, iron ore and manganese exports, the collaboration’s shortterm goal was to establish ‘stability’.

There are glimmers of hope, however. On May 30, the Presidency announced that by October an infrastructure manager would be created to allow private companies to run trains on key freight tracks.

Asked to comment on the initiative, Baxter said it was “a step in the right direction.An infrastructure manager on the rail

KIMBERLEY

network does the same thing as the proposed separation of a transmission company for Eskom, said Baxter

“Private operators can access it through a proper rail regulator and that’s then regulated. So on energy you pay a fee to operate on the transmission network; on the rail you pay a fee to operate on the rail network,” he said.

Currently, mineral exporters sign take-or-pay agreements with Transnet.The difference with working through a separate company is that the function is externalised andTransnet is not obliged to deliver goods against the access to the network.

Ongemagtigde, Vrugtelose, Verkwistende en Onreëlmatige Uitgawes

MET ANDER WOORDE: DIEFSTAL

DieANC-beheerde Sol Plaatjemunisipaliteit se prioritisering van kaderontplooiing en politieke inmenging eerder as om bekwame mense aan te stel word deur die 2021/22 munisipale oudituitkomste ontbloot. Sol Plaatjemunisipaliteit is uitgewys as die topbydraer van ongemagtigde, vrugtelose, verkwistende en onreëlmatige uitgawes in die Noord-Kaap.

Volgens die ouditeur-generaal (OG) se verslag word bewyse vir werk wat gedoen is nie altyd deur die munisipaliteit verskaf nie, al het die OG dié inligting aangevra. Die nie-nakoming van tenderprosesse is kommerwekkend. Die raad ontvang baie versoeke om afwykings goed te keur Noodgevalle kan nog verstaan word, maar versoeke vir afwykings gebeur ook gereeld met roetinewerk en

kapitaalprojekte soos die elektrifisering van Lerato Park, die handelsgebied in Cravenstraat en die rioollyn in Carters Glen. Die DAhet hierdie tendens al voorheen in komiteevergaderings bevraagteken en ook bewyse van werk aangevra, maar die saak word altyd na ‘n ander vergadering uitgestel. Ons kry nooit antwoorde nie.

Die DAhet verder kommer uitgespreek oor die meer as R500 miljoen onreëlmatige uitgawes wat oor die afgelope vyf boekjare aangegaan is. Ons het wel die saak na die Munisipale Openbare Rekeninge Komitee verwys, maar dit is nog nie ondersoek nie.

Inaggenome die hoë waterverliese, bevraagteken ons ook die vertraging in die aanwending van die

multimiljardrand Waterdiensteinfrastruktuurtoelaag (WSIG) om Sol Plaatje se waterinfrastruktuur op te gradeer. Ons is herhaaldelik meegedeel dat alles gereed was om met die werk te begin, maar die werk is twee keer uitgestel. Dit lyk nou asof dit onbepaald uitgestel word.

Die DemokratieseAlliansie is van mening dat die swak oudituitkomste en verslegtende toestand van finansiële bestuur binne Sol Plaatje grootliks moontlik gemaak is deur onstabiliteit in senior bestuursposte.

Terwyl die raad die werwing van direkteure laat verlede jaar goedgekeur het, het die proses nog nie eers sover gevorder dat die raad die siftingspaneel vir daardie

poste goedkeur het nie. Nadat die DAdie prosesse bevraagteken het, het die Speaker verder verhoed dat die munisipale bestuurder ‘n opdatering verskaf.

Op sy beste, tree die munisipaliteit en sy senior amptenare roekeloos op. In die ergste geval probeer hulle doelbewus om stabiliteit en aanspreeklikheid te vermy

Die DAhet reeds ’n mosie ter tafel gelê waarin versoek word dat ongemagtigde, vrugtelose, verkwistende en onreëlmatige uitgawes sedert die 2017/18boekjaar ondersoek word sowel as dat ’n versoek aan die Spesiale Ondersoekeenheid ingedien word om bewerings van politieke inmenging binne Sol Plaate te ondersoek.

Media Navrae

Chris Whittaker, Rdl.

Die kat se stert

Daar’s mos ‘n grap wat gaan: wie sê nie vir jou dat die spinnekop in jou kamer wat jy doodgeslaan het, nie altyd gedink het julle is kamermaats nie? Imagine hoe moet hy nou voel dat sy kamermaat hom vermoor het na al die goeie dae van saambly!

Ek is vanoggend aan daai gedagte herinner toe ek my meisiekind-kat Jinkee op my bed met haar eie stert sien speel. En katte se emosies sit mos in hulle sterte volgens my, so daai stertjie het ‘n wil van sy eie gehad en soos ‘n slang heen en weer beweeg tot haar vermaak. Elke nou en dan gee sy die stert ‘n klap asof dit rerigwaar ‘n slang is, gryp dit in haar twee grys pootjies, gee dit ‘n byt en ‘n woeste paar lekke met daai skurwe pienk tongetjie voordat sy hom weer vrylaat om aan te gaan met sy verdagte dansies. Dit blyk ‘n tipe love-hate affair te wees.

En dis toe ek dink aan die spinnekop grappie van vroeër Hoe sal ons weet wat in ‘n dier se kop aangaan? Hulle het nie

biologie op skool gehad, of weet hoe hulle eie liggame werk nie. Hulle weet net wat hulle ervaar

Toe dink ek: “ek wonder wat sy dink haar stert is? Miskien dink sy dis iets of iemand anders, soos ‘n vriend of lewensmaat wat aan haar vasgeheg is.” Want ‘n kat moet sekerlik dink hulle sterte het ‘n wil van hul eie. Miskien is dit hoekom katte so onafhanklik is en nie nodig het om enige vriende of geselskap te hê nie. Want hulle voel hulle is nooit alleen nie, daars altyd ‘n vriend met wie hulle kan speel of selfs saam mee kan slaap en gebruik as ‘n dun kombersie. Ek wonder

of dit nie is hoe hulle dit ervaar nie, so belaglik soos wat dit dalk mag klink.

Ek het in ‘n huis groot geword met klomp diere, en ons hele gesin is tot vandag toe nog liefhebbers daarvan. Ons het al soveel keer gevra: “Ek wonder wat gaan in daai dier se kop aan?” as een van hulle bietjie vreemd optree, wat mos maar ‘n gereelde affêre is as dit by troeteldiere kom. En dit laat my dan dink aan my medemens, want ek wonder soms wat in hulle koppe aangaan? Ons mense hier op aarde se

wêreldbeskouings kan soveel verskil van mekaar, of dit nou is as gevolg van geloof, tradisie of hoe ons groot gemaak is. Ons almal se gedagtes verskil maar So miskien kan ons die les oor die diere ook toepas op onsself, en besef dat ons genade vir mekaar moet hê. Ons hoef nie alles dieselfde te sien of te verstaan nie, maar die belangrikste is dat ons mekaar moet liefhê, ongeag die verskille.

Wie weet, dalk kyk mense soms na jou en dink: “ek wonder wat in sy of haar kop aangaan?”

Rubriek deur Namakwalander Bert Mostert

Decrease in Northern Cape Dam levels

The Karoo province is normally dry during the winter season, however, rain is expected, which means the dam water levels will improve over the period.

The province has recorded the worst in dam levels in the week. However, the rain in most parts of the province will help.

Tips to save water :Check your toilet for leaks.

Take shorter showers or Take baths

Turn off the water while brushing your teeth

Turn off the water while shaving

Check faucets and pipes for leaks

If you wash dishes by hand, don’t leave the water running for

rinsing

Water your lawn only when it needs it (not everyday)

Put a layer of mulch around trees and plants.

Water your plants or garden at least once a day

Use a broom to clean driveways, sidewalks and steps

Don’t run the hose while washing your car

Tell your children not to play with the hose and sprinklers

Ditch the bottled water – it takes 3 litres of tap water to make one litre of bottled water

Turn off the tap while brushing your teeth and save 9 litres

Take a 5 minute shower and save up to 100 litres that baths

use your hair

Change to a water-efficient showerhead and half your consumption

Turn off the water while washing

Flush less when you do and put a 2l bottle filled with water in your cistern

Northern Cape MEC for Education, Zolile Monakali, says the province is recording high numbers of teenage pregnancies, with the rural district of JohnTaolo Gaetsewe (JTG) in Kuruman at the top of the list.

He took the launch of teenage pregnancy prevention campaign to the affected district urging learners not to become part of the statistics.

Monakali says an average of approximately 900 learners in the province fall pregnant each quarter and are between the ages of 10 and 19.

“Statistics indicate that the

Northern Cape province is amongst the highest provinces with teenage pregnancies. We have the lowest number of learners but we rating among the highest province with the levels of teenage pregnancies,” says Monakali.

“The reason why we decided to launch this program in JTG from all the other districts is because JTG is number one with teenage pregnancies. We have just received the stats from the Department of Health and those statistics are unacceptably high. We are are here to talk to our learners not just the girl child but also the boy child,” adds Monakali. - SABC

News

Welkom in Kalahari Lodge

A seven-month pregnant teenage girl plays with a doll. Image: Reuters

Hey Leah Hey Leah

DESIGN

KURUMAN: ACCUSED FOUND GUILTY OF IDENTITY FRAUD

TheActing Provincial Head of Directorate for Priority Crime Investigation Brigadier Prince Mashimbye welcomes the sentencing ofAlfred Ndlovu, (50) to (5) years direct imprisonment by Kuruman Regional Court on Monday, 5 June 2023. Kimberley Specialised Commercial Crime Investigation team arrested Ndlovu during 2016 for fraud and contravention of the Birth and Death RegistrationAct 51 of 1992.

The accused intercepted e-mail communication between the Ga-Segonyana Local Municipality and one of its service providers and changed the banking details of the service provider, as a result the municipality effected payment to a fraudulent bank account to the value of R2.5 million.

Ndlovu was arrested after being positively identified throughATM recording using a fraudulent bank card. It was further established during the arrest that he was in possession of a fraudulent identity document and passport.

Northern Cape’s Joemat Petersen Dies

ANC MPTina Joemat-Pettersson has died after serving the ruling party for many years.

Joemat-Pettersson had before joining Parliament in 2009 served as an MEC in the Northern Cape. She went on to serve as Minister of Agriculture, Forestry and Fisheries between 2009 and 2014. She was later appointed Minister of Energy between 2014 and 2017.This was after the elections of 2014, but she did not complete her term in office. She resigned from the national legislature after leaving Cabinet.

She returned in Parliament after the 2019 elections and has served as chairperson

of the portfolio committee on police.

LastTuesday Joemat-Pettersson chaired the committee meeting where Police Minister Bheki Cele and his senior officials in the SAPS had presented the crime statistics for the fourth quarter

“It is with great sadness that we announce the passing on of our beloved comrade,Tina Joemat-Pettersson.At her time of death (comrade) JoematPettersson was theANC Member of Parliament serving as a chairperson of the police study group, said theANC,

ormerANC MPTina Joemat-Pettersson has died. Picture: David Ritchie/African NewsAgency (ANA)Archives

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Maintenance Pertaining To Children

What is maintenance?

Maintenance is the financial contribution of parents towards the upbringing of their children. Both parents are obliged by law to contribute towards the welfare of the child irrespective of their marital status.The purpose of maintenance is to develop and take care of the child's daily needs, including but not limited to housing, education, medical needs, food, clothes, etc.

Upon who rests the duty to Pay Maintenance?

-All Parents

- Biological Grandparents –should the parent not be able to pay

- Legal Guardian,Adoptive Parents

If a parent fails to pay, you have the following remedies:

· Lay a formal complaint at the maintenance office.

· Provide proof of payment and non-payment to determine arrears. ·Ask the court to recover maintenance directly from their employer

Who may apply for maintenance?

- Primary caregiver of the child

Required documents when applying for maintenance

- Birth certificate of your child/children.

-Your identity document.

- Proof of residence.

-Adivorce settlement.

- Monthly income/expenses.

- Personal details of the parent including their name, surname physical and work address.

- 3-month bank statements

The application processes

-You must submit monthly income/expenses to court clerk.

- Clerk will submit forms to maintenance office –whereafter reference number will be issued

- Court will serve summons for court appearance on parent.

- Magistrate to make decision after reviewing application

Essential info regarding child maintenance

- Maintenance must be paid until a child is self-supporting.

- Maintenance investigators

can trace parents and determine their financial capabilities – when unaware of their whereabouts.

-The court determines the amount suitable for each child.

- If maintenance isn't paid, the court may recover the maintenance from parents' salary, or any account hold by parent, auction their property or issue a warrant of arrest to the defaulting parent.

- Maintenance may increase/decrease depending on the financial circumstances of the parents.

How are payments made?

-At/Through your magistrate's office and designated government offices.

-To the bank account of the primary caregiver

- Directly to the primary caregiver

May you withhold maintenance because you don't have access to the child?

No – it is a criminal offence to withhold maintenance. Parents may not take the law into their own hands, but may

approach court should maintenance be withheld.

May you refuse access to a parent if they fail to pay maintenance?

No – it is a criminal offence to withhold a child from a parent without a court order effecting same.The affected parent may not take the law into their own hands, but may approach court should access be refused.

The law and maintenance defaulters

When a parent default on a court order, the court may enforce the following:

· Blacklist the parent at credit bureaus,

· Impose 3-year sentence on parent,

· Imprisonment with the option of paying a fine,

·Add interest to their maintenance in arrears, or

·Attach their property or salary

Should you require any assistance/advice regarding maintenance, you may contact NeelsAttorneys Inc herein.

admin@novamc.co.za

Photo: Terry Smith

Eerste vir STAAL

Trans Hex Seeks Legal Costs From Environmental Non-Profit

the law being put in place to allow a holder of an EMPr before the 2014 legislation to continue to mine after the legislation was put in place – “if this were not so, the result would have been to render existing lawful mining operations unlawful overnight.This is an absurd, insensible and unbusinesslike result,” read the respondent’s answering papers.

“Therefore, this provision must be interpreted to mean that an EMPr approved and in force on 8 December 2014 constitutes sufficient authorisation for the holder thereof to continue its operations in terms of that EMPr and a separate EAunder Nema is not required.”

legislation from 2014:

“The Old Order Rights were converted following transitional arrangements in the MPRDAand the EMPrs approved in terms of the MPRDA.

Five months after an urgent application was filed with the Western Cape High Court, one of SouthAfrica’s biggest diamondmining companies has responded. Trans Hex is holding its ground, arguing that its mining rights based on renewed environmental authorisations are legal.

Last week,Trans Hex Operations, one of SouthAfrica’s largest diamond-mining entities, filed answering papers in the Western Cape High Court as the fourth respondent to an urgent application to stop it from mining near the fishing community of Doringbaai and potentially along a stretch of coast north of the village in the Western Cape.

The application to interdict the mining operation was filed by the environmental non-profit Protect the West Coast (PTWC) in conjunction with the Doringbaai and Olifants River Small Scale Fishing Communities in December 2022.

They argued that the company, which broke ground last May, was mining with a renewed mining right that is not up to date with current social and environmental legislation, nor up-to-date science-based recommendations and rehabilitation measures.

As the court registrar did not allocate this matter on the urgent court roll (for reasons the applicants are unsure of), the deadline for the answering papers kept getting pushed back.

Read more in Daily Maverick: Activists haul diamond-mining company to court to avert “moonscape” fate for sensitive West Coast

The company, which changed its name in February this year from Moonstone Diamond Marketing back toTrans Hex Operations, has been mining in SouthAfrica for 60 years, with operations spanning 70km along the West Coast, from Doringbaai to about 50km north of the Olifants River mouth, which is

considered a biodiversity hotspot.

In their founding affidavit, the applicants argue that the Department of Mineral Resources and Energy (DMRE) – which is responsible for granting mining applications in SouthAfrica – was incorrect to renewTrans Hex’s mining rights, which are based on an environmental management plan (EMPr) from 2002.

Patrick Forbes, the legal head of PTWC, explained to Daily Maverick that as part of the amendments made to the National Environmental ManagementAct (Nema) and the Mineral and Petroleum Resources DevelopmentAct (MPRDA), since their EMPr was last updated, we now have “one environmental system” (as of 2014), which lists mining as one of the trigger activities for which a company needs an environmental authorisation, not just an EMPr

Trans Hex’s argument

Trans Hex has an old mining site in Doringbaai from the 1990s, which has been inactive for about two decades.

To local residents’surprise,Trans Hex turned up on the beach last May and began mining until March 2023 – with a mining right based on an EMPr from 2002.

InTrans Hex’s answering papers, Ian Peter Hestermann, director of Trans Hex Operations, contended that an environmental authorisation is not always required, even after the “one environmental system” came into effect, because the new legislation allows for transitional arrangements and their EMPr was granted before the new system came into place.

Section 12(4) of the Nema AmendmentAct provides that an EMPr approved in terms of the MPRDAimmediately before the commencement of the new legislation in December 2014 must be regarded as amended.

Trans Hex interprets this provision of

Furthermore,Trans Hex argued that if a holder of a mining right is mining in accordance with their EMPr, “a renewal of the mining right related to that EMPr may lawfully be granted”.

Old mining rights renewed

Trans Hex has mining rights relating to sea concessions 11A, 12Aand 13Aon seven mining sites seaward of the low water mark in the Western Cape, initially issued in terms of the MineralsAct 50 of 1991.

Trans Hex said it applied for the conversions of these authorisations in terms of the “transitional arrangements to the MPRDA” – the converted mining rights were granted by the director-general of the DMRE in 2010 for a period of 10 years, and in 2021 the renewal of all these rights was granted by the director-general at the end of 2021 for a period of 30 years.

“By virtue of the transitional provisions… to the MPRDA, these EMPrs remain in force,” saidTran Hex in its answering papers.

PTWC contended in their application thatTrans Hex’s EMPr from 2002 cannot stand as an environmental authorisation and that the mining right should never have been renewed by the director-general of the DMRE on that basis.

Patrick Forbes, the legal head of PTWC, previously told Daily Maverick that “an application for environmental authorisation requires at the very least public participation, something which was entirely avoided with the current renewal, issued behind closed doors for another 30 years.

“By avoiding the environmental authorisation process Nema makes provision for, the local communities, the environment and fellow South Africans lose out.

“Allowing mining to take place in accordance with EMPrs that are 17 years old, without so much as calling for an update, is reckless.”

What the applicants argue is similar to what the DMRE said in response to Daily Maverick’s questions regarding not upholding the updated

Basically, they argue that because Trans Hex met environmental and social standards when their EMPr was first granted in 2002, and the law doesn’t work retrospectively, their right still stands.

The abandoned environmental authorisation application

InAugust 2021,Trans Hex started the first phase of obtaining an environmental authorisation (EA) by preparing a draft scoping report for an upgrade of its EMPr, but it was never completed.

PTWC pointed out that it was strange thatTrans Hex applied for an EAand then abandoned that application – indicating at that time they agreed they would need an EA and not just an EMPr

Trans Hex says this is incorrect, and the reason they submitted and withdrew an application is that they originally thought the production of pebbles (a by-product of mining which they donate to the Doringbaai community to sell) may constitute a listed activity

Daily Maverick sent questions to Trans Hex on 23 January and 2 March this year, asking what benefit they provided to the local community and they did not respond, instead asking us to wait until their answering papers were filed.

But then they were advised by their legal team that, since the pebbles are a by-product, it wouldn’t need to be listed as an activity

Trans Hex said that in October 2020, the DMRE did askTrans Hex to update their EMPr in conjunction with the approval of its new mining method and the inclusion of the pebbles.

However,Trans Hex is still in the process of updating their EMPr due to delays from the pandemic and the process being suspended when they received concerning comments from interested and affected parties about Yvonne Gutoona, the environmental assessment practitioner doing their EMPr update, and they needed to find a new practitioner

“Thus, the scope of the MPRDA EMPr is equivalent to that of the Nema EMPr An Environmental Authorisation is consent required prior to undertaking an activity Moonstone Mining is an existing development… there is nowhere in law, and even as a matter of common sense, that an EnvironmentalAuthorisation should be done retrospectively.” continues

A drone image of the Doringbaai coastal mining site, a few months after Trans Hex restarted operations, on 16 September 2022. (Photo: BlackBean Productions)

After appointing environmental consulting firm SLC Consultants to facilitate the update of their EMPr, as per the DMRE’s directive, the consultants started the process in October 2022 and the first draft was presented toTrans Hex in February 2023.

Trans Hex notes that the updated EMPr is still in draft form and needs specialist inputs before it can be published for comment, but the draft states that as there has been no change in the scope of activities originally approved, and no additional activities are planned, no EAin terms of the 2014 legislation is required.

Trans Hex emphasised that the directive to update their EMPr does not mean that their mining right would be suspended or cancelled.

According toTrans Hex, Nicholas Arnott, the environmental assessment practitioner from SLC, who prepared the draft updated EMPr, “does not anticipate that the impact assessment report will yield materially different mitigation measures beyond those included in the 2002 EMPr and the 2023 EMPr”.

Approaching the minister first Trans Hex argued that PTWC has not followed the letter of the law by filing this application with the high

court, and as a result will be seeking legal costs.

Aaron Larkens, head of legal for Trans Hex, told Daily Maverick: “In our view, PTWC has circumvented the provisions of the MPRDAand PAJAby failing to utilise the mandatory internal remedies and for, inter alia, this reason its allegedly urgent application is completely without merit and we will be seeking legal costs from PTWC.”

The Promotion ofAdministrative JusticeAct – which is there to stop the public from making unlawful, unreasonable and procedurally unfair administrative decisions –stipulates that no court should review an administration action unless an alternative remedy has been exhausted – unless there are exceptional circumstances.

Trans Hex points out that an “alternative remedy” provided in MPRDAfor a person who is seeking to challenge a decision made by the director-general should first appeal to the minister and that “no person may apply to the court for the review of an administrative decision… until that person has exhausted his or her remedies”.

Mike Schlebach, CEO of PTWC, told Daily Maverick that they wrote to the DMRE a number of times

They sent more correspondence but didn’t hear back.

The local community

before filing an application with the high court, trying to find out why they had grantedTrans Hex the renewal, but the DMRE did not respond to their questions adequately Daily Maverick sent questions to Trans Hex on 23 January and 2 March this year, asking what benefit they provided to the local community and they did not respond, instead asking us to wait until their answering papers were filed.

In their answering papers,Trans Hex argues that their “operations have a significant benefit to the surrounding community, which would be impeded if the interim interdict were granted”.

Larkens told Daily Maverick that “through the donations of pebbles (waste product) thatTrans Hex makes to DoringbaaiAtlantic Pebbles, 28 local community members are employed – this is over and above a truck and trailer that has been donated to DoringbaaiAtlantic Pebbles as part of an SLP[social and labour plan] project to transport the pebbles”.

Daily Maverick confirmed with Lawrence Klaas, who runs

DoringbaaiAtlantic Pebbles, that this is correct.

Larkens said a further R2.5-million has been committed as an SLP project to develop bulk infrastructure for a low-cost housing project in Doringbaai.

Peter Owies, who grew up in Doringbaai and is a community leader, said he didn’t know about this SLPproject, adding: “We’re really in the dark about the operational side and the benefits for the community.”

Alack of communication seems to be a running theme with this mining operation – Doringbaai locals say they were not informed thatTrans Hex was coming back and were shocked when trucks turned up on a public beach near their town last May, blocking access to the beach that residents use recreationally and for small-scale fishing.

Owies told Daily Maverick previously that whenTrans Hex left, there was again no consultation process and the community had “the same feeling as when they came in – without a word. With people asking, ‘what happened?’”

PTWC is required to respond to the answering papers on 15 June and all parties are expected to appear in court on 29August 2023. DM