Paul Janisch

Oh goodie - another five years of nasty incompetent commie Rob

Rob Davies and Ebrahim Patel respectively stay at trade and industry and economic development, whilst Mildred Oliphant also stays at labour "meaning the broad brush strokes of microeconomic policy remain the same".

via www.fin24.com

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Less than R10m turnover and an EME, I don’t think so

This is an email from the procurement department of a big company that was sent to me. I forwarded it onto Gerhardus Burger, IRBA's BEE guy,  because the company wanted SANAS-accredited certificates and not IRBA ones. The italicised paragraphs are Gerhardus' responses.

Please be informed that as one of OUR supplier (sic), I request you to forward me your company's new, valid BEE certificate.

For entities with an annual turnover of less than R 10 million I require a letter written by the registered Auditor or Accountant confirming that the entity earns an annual turnover of less than R 10 million for the previous financial year (based on which financial year end?). The letter must be signed, dated and contains the Accounting Officer's practice number.

The only Sector Code that requires a "letter" is the AgriBEE Sector Code. The other Sector Codes and the "generic" 2007 Codes require EME certificates, not letters. The threshold is R10m revenue, not turnover – in terms of the Amended Codes, which are not effective yet. The Amended Codes provide no authority / mandate for anyone to issue EME certificates. If YOUR COMPANY is subject to the FS Code for their own B-BBEE certificate, which is based on the 2007 Codes, then why do they require their suppliers to apply the Amended Codes?

In case YOU have decided to apply the Amended Codes, and not the FS Code, then I would like to know why they do not apply the Amended codes appropriately, by requesting suppliers only to provide YOU with an affidavit, as stated in Par 4 of Statement 000 of the Amended Codes?

If you need an EME certificate, then you need to apply the 2007 Codes, which threshold is R5m revenue. There are different thresholds for different Sector Codes.

For Entities with an annual turnover between R 10 - R50 million I require a BEE certificate from their SANAS Accredited BEE Rating Agency to confirm the rating

For Entities with an annual turnover of over R 50 million I also require a BEE certificate from a SANAS Accredited BEE Rating Agency.

In terms of Statement 005, B-BBEE Approved Registered Auditors are also authorised to issue B-BBEE verification certificates, since the end of 2011. Why is YOUR COMPANY not aware of this yet?

Also, i.t.o. the Amended Codes, par 5, a QSE that is at least 51% Black Owned, is also exempt from measurement and only has to provide a sworn affidavit.

It would seem that this company (and it is a large one and subject to the FSC) is now requesting BEE certificates in terms of the revised bollocks codes. You'll notice that Mr Burger splits hairs in a variety of places, but the reality is that he has to. The auditing profession is regulated and subject to international guidelines, IRBA has become very fastidious in its definitions and framework for this reason. Split hairs aside he makes some very valid points – if you want a BEE certificate then it must be issued by a third party. The EME requirement under the revised codes is an affidavit, not a certificate issued by a VA or BAR. It is for this very reason that IRBA has informed its BARs that they may not issue EME certificates under the revised codes. And this is half the complication. The various IRBA BARs that I know will not only not issue revised code EME certificates, they won't accept EME affidavits either. And seeing that BARs outnumber VAs significantly it's fairly safe to say that that few companies will accept affidavits.

The second issue (other than SANAS) is that this large company has adopted the turnover thresholds of the revised codes. This is very confusing for their suppliers for a variety of reasons.

Firstly – to the best of our knowledge the brains trust at the dti (a department with 100% vacancy) hasn't actually published a QSE scorecard

Secondly – no sane company is going to attempt using the new codes because they don't make sense

Thirdly – Rob is a nasty communist

Fourthly – his department is incompetent

Now that I've expressed that…………………….

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What is the legal status of the new codes?

Standard Bank compliance with Namibian Financial Sector Charter reaches 61 percent

The Namibian Financial Sector Charter was introduced by the Ministry of Finance in November 2008. The NFSC is a voluntarily adopted transformation charter, which constitutes a framework and establishes the principles upon which empowerment will be implemented in the financial services industry in Namibia. The objective of the charter is to facilitate the transformation of the Namibian financial sector and to bring about tangible benefits for Namibians. Standard Bank Namibia through the Namibian Bankers Association is a signatory to the charter. The bank is committed to achieving full compliance with the minimum targets for 2014 and 2019 as set out in the charter. “Standard Bank Namibia aims to achieve specific targets that are set for the following pillars of the charter: ownership and control; human resources development; preferential procurement and enterprise development; corporate social investment; empowerment financing; and lastly, access and affordability of products and services,” explained Advocate Sigrid Tjijorokisa, Group Company Secretary of Standard Bank. 

via www.newera.com.na

The Namibian FSC is a voluntary document and quite similar to the 2003 version of the South African FSC.  Unlike NEEEF it does have a procurement element but seems to be based on narrow principles.

Key principles are to be applied when calculating BBEE procurement expenditure. This will include each  financial institution categorising its suppliers, both current and potential, into the following:

• BBEE-owned companies
• BBEE women-empowering companies
• BBEE-empowered companies
• BBEE-influenced companies
• Designated groups

Procurement spend ramps up from 30% in 2014 to 60% in 2019.  No calculation formula is provided but it might be similar to the one we use in SA.  

Each financial institution has to conduct an independent investigation in respect of each of its suppliers to verify their BBEE status. BBEE suppliers should be registered with a rating agency recognised by the NFSC Council.

I'm aware of one or two rating agencies in Namibia but they seem to be part time there doesn't seem to be enough business to sustain them.   

I suspect the Standard Bank scorecard is measured without procurement.

Letter that business really needs to write to Zuma, but will not

So we are now telling you in public what we say about you in private. We’ve had enough of your threats, your corruption, your incompetence, your incessant interference, your empty promises, your racism, and your ideological fantasies.

via www.bdlive.co.za

So well written and so true.  I was sitting with a black CEO who was cursing the Zuma government but told me he could not express this anywhere else.  Here you have a true captain of industry who would love to tell Zuma how unloved he is.  And there is more

We tell you little of what we really think because we fear tender blacklisting and having licences withdrawn by officials whose abuse of due process is now legendary throughout the capitals of the world.

Mr Zuma, it is time you and your colleagues understood that we have more options than you do. You cannot go anywhere. Many of us can. We also know how to exit this country and disguise it as an empowerment deal.

This fear of reprisals is real. The moron knows it and his goons know it too.  They are now building up a state to mirror the Apartheid machine (but with a fraction of the competence).  See what Nasty Mtetanus wrote in today's Business Day

Another argument is that a restriction on foreign ownership will damage investor confidence, but some things you do because they are right and the government’s overwhelming obligation is to be proactive in its duty to protect the security of the state.

And then he concludes with

We have no doubt that the amended legislation is a responsible course of action in the best interests of the people of SA and that, in time, even the critics will come to realise this is true.

Let me tell you something Mtetanus, the only realisation that the critics will come to is the one that they've known since 2009 and that is that Zoomer and you and your buddies in the Zumabond are a cancer.

 

Beeld : R3 miljoen nodig vir saak teen bemagtigingskodes - my court case summarised in Afrikaans

[Korporasies en genoteerde maatskappye] wil nie daarvan beskuldig word dat hulle nie transformasie steun nie, hoewel hulle moontlik die meeste by ’n hofuitspraak kan baat vind.

Paul Janisch, ’n swartbemagtigingskonsultant

Pretoria. – Die departement van handel en nywerheid kan voor die konstitusionele hof gesleep word as genoeg geld daarvoor ingesamel kan word.

Paul Janisch, ’n swartbemagtigingskonsultant, wil deur die Equitable Transformation Alliance (ETA), ’n art. 21-maatskappy wat bestaan uit sakelui en regspraktisyns, hê dié hof moet die hersiene kodes van goeie praktyk met betrekking tot breedgebaseerde swart ekonomiese bemagtiging (BSEB) bekyk.

Volgens Janisch glo die ETA die hersiene kodes, wat in April volgende jaar in werking tree, is prosedureel, wetlik en grondwetlik gebrekkig en dit bedreig regsbeginsels en volhoubare ekonomiese groei.

Die ETA wil die hof nader om ’n uitspraak te kry oor die grondwetlikheid van die hersiene kodes en om te bepaal wat billike en onbillike diskriminasie is ingevolge art. 9(5) van die Grondwet.

Dié artikel handel oor gelyke regte en vryhede en bepaal dat wetgewende en ander maatreëls getref kan word vir die beskerming of ontwikkeling van mense of kategorieë mense wat deur onbillike diskriminasie benadeel is.

Janisch sê die ETA is nie gekant teen BSEB nie, maar slegs teen die hersiene kodes. Hy sê die hersiene kodes maak dit onmoontlik vir enige onderneming, behalwe dié wat swart eienaarskap het, om die gewenste puntetelling te bereik wat hulle ingevolge die bestaande stel kodes sou kon bereik.

Namate ondernemings nie meer daaraan sal kan voldoen nie, kan BSEB ’n geleidelike dood sterf, waarna dit baie moeilik sal wees om dit te laat herleef.

Janisch meen die departement kon nog nie ’n aanvaarbare verduideliking gee waarom die bestaande kodes, wat tot dusver goed gewerk het en wyd gesteun is, vervang moet word nie.

In ’n brief aan Janisch sê dr. Lionel October, direkteur-generaal van handel en nywerheid, die bestaande kodes het nie genoeg transformasie meegebring nie.

Maar volgens Janisch is die hersiene kodes en regulasies onverstaanbaar en vaag, formules werk nie en definisies ontbreek. Nie eens die departement kan antwoorde daaroor gee nie, sê Janisch.

Verder maak die hersiene kodes dit volgens hom baie makliker vir frontmaatskappye om tenders te kry as wat die geval met die bestaande kodes is.

Janisch sê hoewel ETA se veldtog die steun geniet van korporatiewe en genoteerde maatskappye, is dit in die meeste gevalle net ’n klop op die skouer en ’n “hou ons op die hoogte”.

Dié ondernemings kan nie bydra tot die sowat R3 miljoen wat nodig gaan wees om die hof te nader nie omdat skenkings in hul jaarverslae aangeteken word.

Hulle wil nie daarvan beskuldig word dat hulle nie transformasie steun nie, sê Janisch, hoewel hulle moontlik die meeste by ’n hofuitspraak kan baat vind.

via www.beeld.com

Written by Helene Cilliers.  She captured all the issues that I face when it comes to raising money for this court action.  She did ask me if the attorneys and advocates could donate their time but I don't think they should.  This is a serious issue that needs serious skill to tackle.  

I'm thinking that the money will come from Afrikaans-owned businesses because they do take a stand - the larger corporates will benefit from this.  Ain't like strange?

 

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More Zuma abuse. In keeping with his personality

This is the weirdest search on my blog

If a page refers my blog I get to see what was referred.  Most of the time it's Google searches on BEE compliance etc.  There's quite a lot of interest in other African countries.  But I've never come across this one before.

To be honest I don't think he even knows who he banks with - why should he when he's got the Guptas, Reddys, Shaiks and Zungus.

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Hawulers or straight from Nomonde's monde

Book review – Dr Howard Rybko – the decarb diet

Returning to transformation. The nocarb/Noakes/Banting diet is the flavour of the year. Noakes' own book is on the best seller list at Exclusive Books. This shows that there is a desire to explore this lifestyle. In my opinion the book is really a recipe book. When it comes to tacking the technical issues of the diet Noakes goes into the academic stratosphere. His explanations are thorough but often a little too academic. When you are discussing issues like cholesterol and hypertension it's often a better idea to write something that the average reader can understand.

One wonders whether Dr Howard Rybko has this in mind when he wrote his "The Decarb Diet – guide to a Low Carb lifestyle". His book comes in at a mere 180 odd pages vs Noake's 300 page book. Rybko has gone for simple explanations and fewer graphics. Like Noakes, Rybko speaks from experience. Describing himself as a serial (or should that be cereal) dieter, Rybko tells us that he has been a careful eater and ardent exerciser for the last 25 years. With 15 Argus' under his belt, the good doctor never fell below a certain weight threshold. He claims that by cutting out carbohydrates he lost 5 kilograms in five weeks.

Every diet book is full of technical information that provides you with a justification and a guideline. Rybko's book is no different but it is easy to read and understand. I did struggle to get to the bottom of reading food labels so I will heed this simple piece of advice that Rybko offers when it comes to shopping "Avoid any products you see advertised on TV". Once you've got your head around this axiom Rybko then takes you through a rather extreme eating plan whilst telling you what you may or may not consume. I believe that a staggered approach to changing your lifestyle is the most effective. Most diets fail because they advocate a "cold turkey" approach. This just leads to cravings, cravings lead to capitulation. The doctor does go into a comprehensive analysis of sugar addiction any what it's bad for you – fructose is the culprit people. As it stands right now people do not yet have to quit sugar as an alcoholic might have to quit drinking – but this might change in the future. If this is the case then some type of slow let down is a better idea. It was Noakes who said it has taken him three years to conquer his sugar addiction. The Decarb book describes how lab tests show that cocaine addicted rats will choose sugar over cocaine.

Any lifestyle change will be disruptive, especially eating plans, this is why the diet industry in the US is worth $20bn alone. If a lifestyle change is to succeed then it requires commitment and a change of behaviour across the board. This is not news, statistics show that 108 million Americans are on a diet any one time and many try four or five different programmes within a year. A change of behaviour is not a sudden thing – even Alcoholics Anonymous through its 12 step programme helps the recovering addict adjust their lifestyle to alleviate any temptations that might exist.

If you want to know the technical aspects of the Decarb diet along with useful tips on getting started and how to get over plateaus and the occasional recipe then Howard Rybko's book should be your starting point. If you want go on his programme by correspondence you go onto the Decarbdiet website, sign up and get started.

If you want to integrate this programme into your lifestyle in a more controlled environment then I can help you.

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Elections are over but the Zuma bashing is not

There are two eventualities that will stop my Zuma bashing on this blog.

1. Jesus comes back to earth (or comes for the first time depending on what you believe).  If this happens then there'll be no more ANC
2. Zuma gets booted out

There is a third one - the ANC might get a 75% majority and make it illegal to bash Zoomer (as in Zimbabwe).  If that is the case then this blog will stop but I'll find another way.

We are a battered country. Pummelled by Zuma's incompetence and lies. We cannot afford another five years of him

“I am not worried about Nkandla. Not a single person said to us during the campaign they were worried about Nkandla. People are not worried about that. They don’t think it’s an issue that will affect how they vote. This is an issue raised by bright people [those who think they know better]. It has not worked. [Nkandla] is just a homestead of a man called Zuma who happened to become president. From when I became deputy president, I was told I couldn’t be in a car without bullet proof. It’s a benefit. Must I pay for those benefits? Why? When I go the United States, I use [state] aircraft. Must I pay for that? Why is it that the law has to change when we deal with Zuma,” he asked. 

He said it was unfair to suggest he should be held accountable for the exorbitant spending at Nkandla.

“I can’t be responsible for construction [at my house, and] that so-and-so inflated prices. How was I expected to see that? Where would I be when that happened? I am running the country.”

via mg.co.za

Words escape me here.  The people that are not worried about Nkandla are those who are the poorest of the poor. They have nothing other than to cling to ANC lies.  The people that do care are those who actually paid for it - people like me and probably most of the readers of this blog.

And then there is the actual delusion that he's running the country.  The only thing he can properly run or manage resides south of his abdomen.

Vote against the ANC tomorrow and please don't spoil your vote

What race needs to be prioritised when you are retrenching or downsizing?

It certainly isn't black. These are the requirements for becoming an empowering supplier

The definition is long winded and is best understood in bullet point form

• A B-BBEE compliant entity
• A good citizen
• A South African entity
• Comply with all regulatory requirements of the country

A large enterprise needs to meet at least three of the following requirements, a QSE need only meet one of them

1. At least 25% of sales excluding labour cost and depreciation must be procured from local producers or local suppliers in SA. Service industry entities may include labour costs but these are capped to 15%.
2. 50% of job created must be for black people provided that the number of black employees since the immediate prior verified B-BBEE measurement is maintained.
3. At least 25% transformation of raw material/beneficiation which includes local manufacturing, production and/or assembly and/or packaging.
4. Skill transfer to black EMEs and QSEs. This involves spending 12 days per annum of productivity in assisting those beneficiaries to increase their operational or financial capacity.

It's taken directly from the revised bollocks codes, typos are intended. Look at the second requirement.

50% of job created must be for black people provided that the number of black employees since the immediate prior verified B-BBEE measurement is maintained.

What this says is that if you suffer any job losses you have to make sure that no black people lose their jobs, if they do then you could lose your empowering supplier status. This is an extreme form of discrimination. One of the myriad examples in these codes. And yet very few people have shown any support for the court action against these codes. It takes small steps to follow Zimbabwe's example, the only difference here is that we can do something about it now.

Vote with your head.

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