SIU, AFU obtain freeze order linked to lotteries commission probes

The Special Investigating Unit (SIU), together with the Asset Forfeiture Unit (AFU), have obtained an order to freeze at least five properties, including a luxury Midrand home linked to Kwaito music legend Arthur Mafokate.

The preservation order is related to the SIU’s investigations into the affairs of the National Lotteries Commission (NLC).

According to the SIU, the properties are linked to “the siphoning of lotteries grant funding meant for community development projects”.

“The SIU investigations in the affairs of the [NLC] have revealed that five non-profit organisations (NPO) received grant funding of approximately R56.3 million for community development projects in South Africa.

“The SIU investigations revealed that the acquisition of the preserved properties was funded by the NPOs with money they had received, under the auspices of grant funding, from the NLC. The properties, therefore, constitute proceeds of unlawful activities hence the application for a preservation order pending the final determination of the application for final forfeiture,” an SIU statement read.

The organisations are the Taung Culural Music and Arts Expo, South African Art and Development Association (SAADA), Dinosys, Matieni Community Centre, and Zibsicraft (Pty) Ltd.

The properties that have been preserved are:

A luxury property in Midrand linked to musician and director of SAADA, Arthur Mafokate

A luxury property in Cape Town linked to the Ramulifho Family Trust represented by former NLC legal representative and Trustee Lesley Ramulifho

A plot in Pretoria owned by former NLC board chairperson Alfred Nevhutanda and his wife Tshilidzi.

A luxury property in Pretoria linked to the Marang Family Trust represented by the head of the NLC’s legal division Tsietsi Maselwa

A portion of a farm owned by the BDH Group represented by William Elias Huma who was a board member of the NLC

“[They] are prohibited and restrained from selling, disposing of, leasing, transferring, donating, or dealing in any manner whatsoever with respect to the immovable properties.

“The collaboration between the NPA’s AFU and SIU is part of the National Anti-Corruption Strategy, which sees law enforcement agencies coming together to eradicate corruption in South Africa,” the SIU said.

Source: South African Government News Agency

Eskom on approval of electricity price hike by NERSA

Eskom again apologies for the severe extent of loadshedding. The impact on individuals and businesses is understood. The minimising of loadshedding is the highest priority for Eskom and continuous focus at all levels in the organisation is being given.

Eskom appreciates the tough decision made by the National Energy Regulator of South Africa (NERSA) for the FY2024 and FY2025 revenue determinations and recognises the pressures this determination will place on consumers. Once NERSA makes a decision on the restructuring of tariffs (as submitted during August 2020 and 2022), these decisions will ensure Eskom can apply the tariff adjustments to its customers from 01 April 2023.

In July 2022 the High Court ordered NERSA to undertake the necessary regulatory steps to assess, consult and make a determination on Eskom’s FY2024 and FY2025 Multi-Year Price Determination (MYPD) Application. NERSA was granted an extension to make the decision by 12 January 2023, since it required further time.

“Eskom notes the decision by NERSA. This decision will positively contribute from a financial and sustainability point of view,” said Calib Cassim, Eskom’s Chief Financial Officer. “The revenue determination of R319 billion and R352 billion for the financial years 2024/5 will allow a further migration towards a price level that reflects the efficient cost of producing electricity.”

Eskom notes the tempering of the volume of diesel for the operation of open cycle gas turbines to a load factor of 6%. It is evident that both Eskom and NERSA are aligned that every effort needs to be made to improve the energy availability factor at Eskom power stations. The shortage in capacity due to both Eskom performance and the delays in the Independent Power Producers projects needs to be addressed. It is noted that NERSA has reconsidered capital related costs when compared to the previous decision. This significantly contributes to allowing for Eskom to recover costs related to debt commitments.

Eskom awaits the reasons for the decision for the determination made by NERSA that will provide further insights on how the revenue determinations for FY2024 and FY2025 were derived. It is hoped that NERSA has taken the direction given by the Courts in previous judgements on related matters and that these have been correctly addressed.

Source: Government of South Africa

Presidency on President Cyril Ramaphosa’s public programme

Weekly Presidential Spokesperson media briefing statement and programme update

Presidential Economic Advisory Council

On the 11th of January 2023, President Cyril Ramaphosa, chaired the meeting of the Presidential Economic Advisory Council (PEAC). This was the first meeting of the PEAC for 2023. In his opening remarks, President Ramaphosa acknowledged the difficulties that confront the global economy which invariably impact on South Africa’s growth prospects.

The President reflected on the IMF’s ‘darkening outlook’ for the global economy in 2023, which is being fuelled by slowdowns in the US, China and EU economies, the ongoing war between Russia and Ukraine, the residual effects of the COVID-19 pandemic, increases in natural disasters around the globe, persistently high inflation and the global cost of living crisis.

Despite South Africa being snared by its own strong headwinds with devastating floods, the rising cost of living and the energy crisis, there was however encouraging signs of recovery as demonstrated by an increase of economic activity during the third quarter of 2022.

Promising activity in the agricultural, finance, insurance real estate and business services sectors enabled real GDP to expand by 1.6 per cent, and the size of the South African economy now surpasses pre-pandemic levels.

The meeting noted several recovery drivers that need to be sustained going into 2023 and beyond, these are;

1.5 million Jobs were created over the past year, and in the year to the third quarter of 2022 total employment increased by 10.4 per cent.

The Presidential Employment Stimulus, reached over one million participants.

The structural reforms aimed at raising growth, attract investment and create more jobs.

Key reforms in the energy, IT, ports, rail, water and other sectors that are currently underway which will continue to improve the business operating environment as well as South Africa’s competitiveness as an investment destination.

The Just Energy Transition Investment Plan that will pave the way for additional investments into renewable based energy infrastructure.

The R2 billion blended finance program launched by the Department of Agriculture Land Reform and Rural Development (DALRRD) working collaboratively with the Land Bank. The Blended Finance program is designed to address many challenges emerging farmers face.

The Presidential Employment Stimulus Initiative launched as part of the recovery package from Covid-19 shock, enabling subsistence and small-scale farmers to buy the inputs they need (about 100 000 farmers were assisted). This intervention helped to improve household food production.

The Council agreed that all social partners need to work hard on the expansion of areas of economic opportunity and employment and to find practical and sustainable solutions to mitigate load shedding, drawing from international experience and to alleviate poverty.

National Energy Plan update

President Ramaphosa deeply regrets the current energy situation which has placed the country into stage 6 load shedding. The President acknowledges the frustration of households, parents and learners who have commenced the school calendar year facing power shortages. The devastation to small businesses and the adverse impact to the economy remains severe for South Africa’s recovering economy.

On the 15th of December, President Ramaphosa convened a National Energy Crisis Committee comprising of Ministers and various technical work stream leads. Whilst the President acknowledged some of the progress made in the executing elements of the National Energy Plan, he further demanded more urgency and speed in the implementation of all priority areas and actions laid out in the National Energy Plan.

To date President Ramaphosa remains seized with finding a sustainable solution to the current energy crisis. The President has been regularly briefed on the situation at Eskom and on the roll out of the National Energy Plan. More engagements are scheduled for today and tomorrow for a review of the situation and direction on urgent measures that must be undertaken in order to mitigate against the impact of load shedding.

Despite the current gloomy state of load shedding the National Energy Crisis Committee work streams continue to make progress on serval areas aimed at ensuring the stability of the grid and finding additional megawatts. Herewith are some of the areas of progress that are noteworthy.

We have removed the licensing threshold through amendment to Schedule 2 of the Electricity Regulatory Act. This was gazetted on 15th December 2022.

A dedicated team in the Department of Public Works and Infrastructure (DPWI) has been established to work closely with Eskom Transmission to expedite expropriation and servitudes. The Minister of Public Works and Infrastructure has in the last two months signed notices of intent to expropriate for 27 parcels of private land. 46 servitudes on DPWI land are being processed, of which 22 will be finalized in January 2023.

Eskom has identified up to 1000 MW of additional power to be imported from Mozambique and other countries in the SADC region, pending negotiations and regulatory approvals. This is in addition to the 300 MW already secured through the Southern African Power Pool.

Significant potential capacity has already been identified for the standard offer and emergency generation programme (potential of 1600 MW) developed by Eskom – this will be implemented as a matter of urgency by the utility as no NERSA concurrence is required.

A net billing framework, and later a feed-in tariff, is being developed to credit customers for any surplus energy they are able to feed into the grid, this is targeting residential as well as commercial and industrial installations. Further consultations are planned for the current month of January to finalise arrangements with a broad range of stakeholders.

Independent team has been assembled to diagnose challenges at power station level (including former Power Station Managers), starting with Duvha, Kusile, Kriel, Tutuka, Hendrina and Matla. This team is working with the management and board of Eskom.

The process to improve the availability of spare parts & expertise from Original Equipment Manufacturers (OEMs) through more agile procurement is underway to source services from OEMs at Tutuka, Majuba, Kendal and Kusile.

The process of excluding transmission infrastructure from the requirement to obtain environmental authorisation country wide in areas of low & medium environmental sensitivity has been completed.

NATJOINTS is coordinating the work of multiple agencies to address sabotage, theft and fraud at Eskom. Some arrests have been made, with progress driven by increased deployment of private security by Eskom.

World Economic Forum – Davos, Switzerland

On Tuesday 17 January 2023, President Ramaphosa will lead a delegation of Ministers and South African captains of industry to Davos, Switzerland, where he will participate at the World Economic Forum (WEF) events, in which he will lead the promotion of South Africa as an investment destination of choice.

This year’s theme is Cooperation in a fragmented world”. The President will be accompanied by Ministers Pandor, Gondongwana, Patel, and Kubayi.

The South African delegation to WEF will add the country’s voice to discussions about global issues, with the overall aim to position the South Africa as a competitive business destination.

President Ramaphosa will participate in the Dialogue on Economics of Women’s Health, the Annual Welcome Dinner hosted Prof Klaus and Hilde Schwab, the dinner brings together heads of state, government and international organizations as well as members of the Board of Trustees, the International Business Council and Strategic Partners.

The President will also form part of the Annual Breakfast Meeting of the African Heads of State/Government entitled Africa Continental Free Trade Area. The AfCFTA is the largest free trade area in the world, by area and number of participating countries.

Once fully implemented, it will be the fifth-largest economy in the world, with the potential to have a combined GDP of more than $3.4 trillion. The engagement at WEF will explore how public-private partnerships can support the implementation of the AfCFTA.

The President will also attend the annual meeting on Investing on Infrastructure for Resilience. Details on bilaterla meetings will be provided in due course.

Source: Government of South Africa