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FRIDAY 25 MARCH 2022—ISSUE 20
KAIZER CHIEFS CASE IS GOING TO THE HIGH COURT
EASTERN CAPE TRADITIONAL LEADERS ON EFFORTS TO ADDRESSING
EVENT ALERT:
Ntsika live at the Wild Coast Sun Casino on 29 April 7PM
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GOVERNMENT LOOKING AT REDUCING THE FUEL PRICE IN APRIL & MAY Avuyile Ncanga The shock of overflowing oil prices cascaded through financial markets at the first week of this month, as investors sought to price in the impact of a potentially prolonged period of higher global energy costs. South Africans have been complaining that the rise in fuel prices subsequently means the increase in food and transportation prices, however salaries remain the same meaning individuals won't afford the cost of living. The poor of the poorest experience rather more difficult challenges as they were already not affording basic necessities. Finance Minister Enoch Godongwana on Wednesday said the government would announce measures to cushion consumers from sky-high fuel prices Godongwana was answering questions in Parliament along with other ministers in the economics cluster. He said the government was eyeing temporary relief at the pumps in April and May.
South Africa regulates fuel prices, with taxes and other levies making up about a third of what consumers pay. Photographer: Waldo Swiegers/Bloomberg
Motoris and commuters have faced a great deal of challenges since the rise in fuel prices, the possibility of US-led sanctions on Russian energy exports has forced commodity prices and fanned fears of persistent high inflation scenario spiralling costs occur simultaneously with a growth downturn.
"Work is being done in this regard. What is making the decision more urgent is in part the Ukraine-Russia conflict, which is moving the price of fuel higher than we thought. The work that we’re doing is intended to respond to the immediate challenge that we’re facing. I think a decision is going to be announced fairly soon.” ~Finance Minister Enoch Godongwana.
Pfizer Vaccine might expire Soon Avuyile Ncanga
Most South Africans are either not Vaccinated or are reluctant to go for their second Pfizer Covid-19 Jab, begining of March, Dr Joe Phaahla reported that about 100.000 doses of the Pfizer vaccine were at risk of being destroyed by the end of the month due to the slow utilisation by citizens.
Officials from the office of the Auditor-General warned the national health department on Wednesday when briefing Parliament's health portfolio Committee.
Studies show that about 48% of Adults have only had one Jab to protect them from the virus.— Continues on page 2
PONDOLAND TIMES
EASTERN CAPE TRADITIONAL LEADERS ON EFFORTS TO ADDRESS GENDER-BASED VIOLENCE
Princess Stella Sigcau II, founder of the South African Royal Princesses Network
This is a follow up on the MoU her organisation signed recently with the South African Royal Princesses Network (SARPN) on 25 February 2022 cooperating on the GBV Advocacy and Awareness. On the 22 March 2022 at 10h00 she met Nkosi Jongilanga Sigcau who is the Chairperson of the Alfred Nzo Local House of Traditional Leaders and the Senior Traditional Leader of Lwandlolubomvu Traditional Council. In the meeting she was joined by Princess Stella Sigcau II who was representing the South African Royal Princesses Network (SARPN). The aim of the meeting was to establish and identify areas of cooperation on Gender Based Violence (GBV) awareness and joint efforts and programs to contribute in the fight against GBV in the rural areas as well as empowerment of women and youth. This was followed by a meeting with Nkosi Hlamandana and Council in Mbizana on 24 March 2022. To commemorate human rights month, Princess Stella Sigcau II also coordinated a GBV program at Ntsikayezwe SSS on 22 March 2022 where she donated books and sanitary towels. Presenting on GBV during the program include Ms Josina Machel and representatives from Child Line, SAPS and the Department of Social Development. On the 24 she also donated toys to a pre-primary in Mbizana.
Ms Josina Machel, gender activist who is the daughter of the late Mozambican President Samora and Graca Machel and the founder of Kuhluka Movement which fights Gender Based Violence (GBV) will be having a number of meetings in the Eastern Cape with traditional leaders.
Alfred Nzo Five Arrested in Connection with R38 Million Tender Avuyile Ncanga
….continues from page 1 "They will have a tough time if they allow this batch to expire on the basis of slow uptake because they have already proven that when faced with this particular challenge, there are avenues to be explored and they would need to come and demonstrate how those were explored and why they were unsuccessful, if it comes to that particular point in time.” ~Dr Joe Phaahla On early days of the pandemic South Africa was able to sell doses of the AstraZeneca vaccine to neighbouring countries. Andries Sekgetho of the Office of the AuditorGeneral said the national Department of Health would face questions if the Pfizer vaccines went to waste
A consideration of circumstances under which the corporate veil can be lifted and analysis of how effective the companies act 71 of 2008 is in piercing the corporate veil when necessary Piercing the corporate refers to the situation where the courts ignore the nature of a company having limited liability on behalf of its directors and shareholders under the premise that the company is a separate legal entity and is a juristic person and holds the directors and/or shareholders liable for debts they have been incurred by the company in the duration of it running its day to day business. Subsequently, when the corporate veil is pierced or “lifted”, the limited liability of the directors and shareholders is ignored and the aforementioned parties are held personally liable for the debts and actions of the company. Case Law
was already completed. It is reported that, on Wednesday the hawks arrested the four employees along with a local Court decisions have laid the foundation on the doctrine of piercing businessman for fraud and contravention of the Municipal the corporate veil and have classified how the court nullifies the separate legal persona of a company to hold directors and shareholders Finance Management Act. Mgolodela said Bomela's company was subcontracted by the company awarded the R38 million tender back in 2012. Bomela's company allegedly ended up taking over the tender as the main contractor and received the money from the Alfred Nzo District Municipality. The communities of Alfred Ndzo have been struggling with access to clean water and sanitation It is reported that in December, the cash-strapped Matatiele local municipality revealed Alfred Nzo District Municipality owed it an outstanding R13 million debt, sinking the municipality deeper into financial strife. The five alleged suspects were each released on R10 000 bail on Thursday.
Alfred Nzo District Municipality's former chief financial officer Luyolo Fokazi, 49, the former acting municipal manager, Xolani Masiza, 53, the former supply chain management assistant manager, Zuko Mani, 44, the former supply chain manager Paul Mahlasela, 47, and businessman and owner of Chumani Solutions, Xola Bomela, 53, appeared in the Mthatha Specialised Commercial Crimes Court on Thursday, on allegations of R38 million fraud case.
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FRIDAY 25 MARCH 2022
The municipality is no stranger to allegations of fraud as it was cautioned for under performance and non compliance as it spent less than 40% of 2020 budget in addition, the National Treasury threatened to stop R384 million in funding due to under-performance and non-compliance relating to water service and municipal infrastructure
Not long after red-flag In August 2021, the municipality's mayor, Sixolile Mehlomakhulu, was suspended after his office allegedly awarded a R65 000 bursary to his son, News 24 report that the five were allegedly awarded a tender for the Yanga, to study a BSc degree at Wits University. installation of water meters, to a contractor even though the job
accountable for the debts and actions of a company. The classic case of Cape Pacific Ltd v Lubner Controlling Investments (Pty) Ltd and others is where the court held the directors and shareholders of the company liable where it was found that they led the company into committing fraudulent activities. In another case, Knoop NO and Others v Birkenstock Properties (Pty) Ltd and Other the court held the following “the corporate veil may be pierced where there is proof of dishonesty, improper conduct or fraud in the establishment or the use of the company or the conduct of its affairs and in this regard it may be convenient to consider whether the transactions complained of were part of a “cloak”, “device” or a “sham””. In this regard, the court may not merely pierce the corporate veil of a company but will firstly consider the unique circumstances of each case and look for gross dishonesty and recklessness on the part of shareholders and directors of a company. Thus, piercing the corporate veil solely rests with the court’s discretion. However, the Companies Act of 2008 provides that any part interested may apply to a court for consideration as to whether or not a court piercing the corporate veil of a company is a suitable remedy under any given circumstances as a result of the abuse of the said company’s legal persona. Section 20(9) of the Companies Act of 2009 The above section holds that if on application by an interested person or in any proceedings in which a company is involved, a court finds that the incorporation of the company, constitutes an unconscionable abuse of the juristic personality of the company as a separate entity, the court may declare that the company is to be deemed not to be a juristic person in respect of any right, liability or obligation of the company or of a shareholder of the company or, in the case of a non-profit company, a member of the company, or any other specified person in the declaration; and make any further order the court considers appropriate to give effect to a declaration contemplated in paragraph (a). Section 332 of the Criminal Procedure Act 51 of 1977 What is interesting to note is that section 332 of the Criminal Procedure Act 51 of 1977 states that any criminal conduct done by directors of the company will be imputed on them, this section makes no mention of the corporate veil and thus directors may not depend on the company’s legal personality to avoid prosecution. Conclusion Even though courts are reluctant in piercing the corporate veil there arises exceptional circumstances where the courts have to ignore the legal personality of a company and hold directors and shareholders personally liable for the actions of the company, case law in this regard has laid the foundation as mentioned above for such exceptional circumstances. The concept of piercing the corporate veil is thus a mechanism that the courts use to protect companies and hold the directors liable in the event that they choose to abuse the separate legal personality of a company.
Contributor: Bongani Dinga Ka Luvatsha LLB - Candidate Attorney - bonganiluvatsha@gmail.com
PONDOLAND TIMES
FRIDAY 25 MARCH 2022
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Wild Coast Sun helping turn local SMMEs into success stories
INFOGRAPHIC: Wild Coast Sun’s SMME suppliers 2022 The Wild Coast Sun is helping drive development of the Small, Medium and Micro Enterprises (SMME) sector in the Eastern Cape, understanding that this sector is key to sustainable and shared economic growth in the region. The Wild Coast Sun recently hosted a two-day SMME Business and Networking Conference to help educate and assist SMMEs with information related to procurement opportunities, available training and funding. Among the key government entities, which participated in the conference, was the Small Enterprise Development Agency (SEDA), the Eastern Cape Department of Economic Developmental Affairs and Tourism (DETEAT), the Eastern Cape Gambling Board, the Winnie Madikizela-Mandela Local Municipality and the Small Enterprise Finance Agency (SEFA), as well as several SMME financing houses. Over 150 people attended the conference which held under tight Covid-19 health and safety protocols. It was agreed that a follow-up conference would be held in the second half of the year with a view to broadening the reach among local SMMEs and assess progress post the last conference.
Winnie Madikizela-Mandela Local Municipality
Wild Coast Sun General Manager Peter Tshidi said the conference was an important event to help provide essential information to SMMEs, particularly around doing business with Wild Coast Sun, available government funding, as well as to offer an opportunity to network. “These are important stepping-stones to help grow the SMME sector through ongoing support and knowledge sharing,” Tshidi said. Besides playing conference host, Wild Coast Sun is determined to play its own part in developing the SMME sector through its enterprise supply chain development processes Tshidi added. “At the Wild Coast Sun, we aim to facilitate the development and sustainability of micro, small and medium enterprises so as to contribute to job creation, local economic development and transformation in the area.”
NOTICE OF ORDINARY COUNCIL MEETING The Municipal Manager of Winnie Madikizela Mandela Local Municipality as duly authorised by Honourable Speaker, Cllr. Z. Mhlwazi hereby gives notice of an Ordinary Council Meeting in terms of Section 19 (a) of the Municipal Systems Act, No. 32 of 2000, as amended. In terms of Section 20(1) members of the public, media and other interested parties and bodies are welcome. The Ordinary Council Meeting is scheduled as follows:
Tshidi said the resort would do this by offering a number of interventions that will “provide hands-on, step-by-step support development and guidance to SMMEs and by providing small businesses equal opportunities to do business with the Wild Coast Sun” as part of a long-term vision. The Wild Coast Sun’s Enterprise Development Programme has capacitated seven local SMMEs, which in turn have employed a total of 42 people. The resort has also outlined its vision to achieve 90% procurement of all goods and services from BBBEE level 1 suppliers within the next five years.
Oliver & Adelaide Tambo Regional Hospital Auditorium 29 March 2022 10h00
“We also aim to procure 65% of goods and services from local Previously Disadvantaged Individuals (PDI) entrepreneurs and suppliers by Year 4,” Tshidi said. “We will also develop local PDI suppliers that can adequately supply us according to our requirements.
ISAZISO NGENTLANGANISO YEBHUNGA
“We are hands-on and passionate in our commitment to community empowerment, to job creation, employment equity, training, and socio-economic development,” Tshidi said.
Venue: Date: Time:
UManenjala kaMasipala iWinnie Madikizela-Mandela Local ngokugunyaziswa ngu Somlomo ohloniphekileyo uCllr. Z. Mhlwazi wazisa ngentlanganiso yebhunga lika Masipala ngokwe solotya le 19(a) lomthehto weenkqubo zorhulumente koomasipala ugunyaziswa ukuba abantu
The Wild Coast Sun recently aided a local farming initiative to become fully selfsustaining, to the point where is now supplies the resort as well as local markets with fresh produce.
iintatheli zamajelo eendaba, amaqela anomdla, bamkelekile ukuba yinxalenye yentlanganiso.
The Wild Coast provided Queens Greens with a borehole set-up including a pump, as well as an irrigation system. The resort also provided equipment to work the fields, including wheelbarrows, spades, forks and hoes, as well as seedlings and fertilizer, in total amounting to more than R130,000.
Intlanganiso imi ngoluhlobo:
Tshidi said the donations built on previous projects developed for Queens Greens.
Indawo:
Oliver & Adelaide Tambo Regional Hospital Auditorium
Umhla:
29 eyoKwindla 2022
Ixesha:
10h00
“We have been able to move them from subsistence farming to being fully selfsustaining,” Tshidi said. “This allowed them to supply local markets and stores, as well as the community, with vegetables and Queens Greens is now one of our key suppliers.”
baziswe ngeentlanganiso ezikumila kunje. Ngokwe solotya lama 20 (1) uluntu ngokubanzi,
Mr. L. Mahlaka Manenjala kaMasipala
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PONDOLAND TIMES
FRIDAY 25 MARCH 2022
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CONTROVERSIAL KAIZER CHIEFS CASE GOING TO THE HIGH COURT Quan Dambuza The arbitration award correctly decided that the interruption in the Club ’s performance for the two missed December fixtures was temporarily halted by vis major (that is an overwhelming, unanticipated, and unpreventable event) created by Omicron.
Kaizer Chiefs players warming up during a media open day at the Kaizer Chiefs Village in Johannesburg on February 19 2020. Chiefs' Village has been closed this week due to an outbreak of Covid-19. Image: Sydney Seshibedi/Gallo Images Amakhosi were unable to honour two league matches against Golden Arrows and Cape Town City towards the end of last year due to a widespread Covid-19 outbreak at their headquarters in Naturena. Those games were then expected to be replayed after a key arbitration decision, but Chiefs have since been informed of the PSL Executive Committee’s resolution to review the arbitration award of Adv. Nazeer Cassim SC. Advocate Nassir Cassim SC had been appointed as the arbitrator in the matter, with the DC matter postponed pending the outcome of the arbitration. The result had initially come down in favour of Chiefs, although the decision was set to be discussed at an emergency meeting of the PSL executive committee on Tuesday, where conversations were likely to revolve around the fact that previous sanctions were handed down to clubs who did not fulfil fixtures because of Covid cases, with many having expected to see Chiefs punished through a points forfeit. Chiefs have now released a statement confirming that they have learned that the decision will be reviewed. THE CHIEFS STATEMENT CAN BE FOUND ON SOCIAL MEDIA AND THEIR WEBSITE Kaizer Chiefs is shocked and bewildered by the recent news reaching the Club. Despite a lack of formal communication from the League, which one would expect, the Club has been informed of the PSL Executive Committee’s resolution to review the arbitration award of Adv. Nazeer Cassim SC, which was handed down on Friday, 18 March 2022.
Notwithstanding the fair outcome and a costs award to those affected by the organising of the two matches, it appears the League is dissatisfied with the outcome and intends to review it, with a view of setting aside the award in the High Court. This unfortunate step has taken the Club by surprise as in doing so the League is in breach of its own Constitution and Rules as well as SAFA Statutes which frown upon the Court systems for resolving football disputes. The Club will have no choice but to defend such a challenge as it is of the view that the arbitrator came to the lawful and reasonable conclusion that, it would have been negligent if not reckless for the Club to field a team for the two games, and that Kaizer Chiefs acted as a responsible employer in the circumstances. The matter shall soon be sub-judice, and the Club shall not give any further comment in this regard. We trust that the football loving community will provide the Club with the necessary respect and support required in attending to this matter. Recently, legal expert Piet Tibane, Director of Morakile Inc Attorneys, suggested that Cassim’s ruling is incorrect and could lead to a review. “It’s mind boggling to really know why they decided to go to the arbitrator instead of going through the PSL DC,” he told Thabiso Mosia on SAFM Sport On, as quoted by iDiski Times. “But as we all know, Kaizer Chiefs cannot discipline itself as it ’s a member of PSL. So PSL ought to have taken an action against Kaizer Chiefs for failure to honour the match [es]. “Maybe it’ll help to bring the circlular that has been issued last year by the PSL, it says the following: ‘circumstances related to Covid-19 will not constitute exceptional circumstances on their application to miss a match’ and it’s binding to all members until it has been varied by the committee. “The directive that has been given by the PSL remains binding for Kaizer Chiefs notwithstanding the fact that they approached the PSL for postponement. “But let’s look at what Kaizer Chiefs did, instead of challenging the circular itself, they opted to challenge the decision by the PSL not to postpone their matches, which to me is incorrect… “As a matter of fact PSL ought to have charged Kaizer Chiefs, we’ve seen in the past where there was a violation of the rules, PSL would charge the respective team and the decision will be taken, something will be imposed,” he added. “But in this instance things happened differently, so it is correct to say PSL were slow in acting. It is my view that this decision is likely to be reviewed because it was incorrect for Cassim the way he ruled. “The rules stated Covid-19 cannot be used as a circumstance to forfeit the match. I thought the team would challenge the circular, it doesn’t make sense to me.” FURTHER DETAIL INTO THE DECISION RELATED TO THE MISSED MATCHES HAD RECENTLY ALSO BEEN PROVIDED: “It is my view that KC [Chiefs] was justified in not fielding teams for the fixtures on December 4 and December 8, 2021. These two games must be replayed, ” Cassim’s judgement read, as per Sowetan Live. “There is much to be said that where possible games must be replayed in order to enable soccer to triumph and the best team on the day in question to be rewarded for its efforts. “I am averse to the litigation process deciding the winner. It is better that the results of the match be determined in the field.” Chiefs are currently third on the DStv Premiership standings, but have only played 20 games
SA SPEARS OF THE NATION ANNOUNCES NEW TECHNICAL TEAM Quan Dambuza
SA Spears of the Nation announced recently the additional members.
and Amapondo FC head Coach. He is now their new Head coach alongside with the Great Sizwe Matiwane, Sanele The winning team announced additional mem- Pato and Ayanda Hlambelo, James Madidilane Technical Director. Bheki ber Samkelo Majova former Amapondo FC team manager . Who is now going to be work- Nkosi Strength and conditioning coach. Langeni Gogo goalkeeper coach ing with Momelezi Mkhize and Gcwalisile Nene. Sibusiso Mapompo former Bush Bucks Valela Mankangeni Equipment manager