This first one is the once-empowered, always empower issue. To quote the Daily Maverick.
“The minister uses the Mining Charter to guide his decision-making and applicants use it to guide their application. But once the application is granted and the transformation objectives are contained in the mining right itself and provided the mining company acts under those terms, then subsequent mining charters cannot change those retrospectively,
In other words. The right is linked to the charter that was gazetted at the time the right was granted, you can't change the scope of that right by gazetting a new code. Gwede gets one on the nose. He's also useless and beyond his productive age
The next one is the Solidarity/Afriforum case that we argued about the Tourism relief fund. The fund was established to assist tourism companies that were left flat during the various lockdowns.
The minister had argued that government was obliged by statute to include B-BBEE criteria in the directions for eligibility to financial assistance.
"It is apparent that the purposes of the DMA [Disaster Management Act], on the one hand, and the B-BBEE Act, on the other, are very different and that each statute is directed at achieving different goals: the DMA is aimed at preventing or limiting disasters, mitigating their impact and enabling post-disast mitigating their impact and enabling post-disaster recovery, while the B-BBEE Act is aimed at promoting black economic empowerment in order to enable black people to participate meaningfully in the economy," the SCA ruling stated.
This case should never have gone to court. If you are white (or not-black like a Nigerian) and you pay your UIF, then you are entitled to claim the benefit when you lose your job. There is no requirement to prove your BEE credentials when you claim your benefit. The Tourism Relief Fund was the same. However it was not plain sailing for Solidarity and Afriforum.
The Solidarity Trade Union and lobby group AfriForum applied urgently, in separate cases, in the North Gauteng Division of the High Court in Pretoria, to review and set aside what they described as "race-based criteria" for eligibility for financial assistance from the fund. Their applications were dismissed with costs and they were refused leave to appeal.
Being the arrogant and incompetent legislators that both of these departments will no doubt appeal. They can't move on. They must take the one foot out of their mouths to put the other one in. And this, fellow voters, is the best the anc has to offer. I must re-iterate, I like Cyril. He is the only politician that can actually pull us out of this anc-created fuck-up. I have this feeling that he may be talking to a few opposition parties, unlikely to be the EFF, to do something with them. The anc is now so incompetent and broke that it's had it.
Famous last wors (sic) probably. Happy heritage day
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