Paul Janisch

BEE Commission taken to court and loses. The Cargo Carriers saga

Yesterday's post is a request for money to take SANAS on.  The precedent has been set by SERR Synergy and it does show how legally weak both SANAS and the dti's position is.

However a court case between Cargo Carriers and the BEE Commissioner was heard in the North Gauteng High Court.  Judgement was delivered by the awful public protector's nemesis at the end of January this year.  It wasn't widely reported, I picked it up here (which is behind a paywall).  If you want to read the whole judgement it was reported here.

I'm not going to go through the details.  The only interesting aspect of this is the finding, which I will take from Carmel Rickard's story

The commission’s initial assessment was that Cargo Carriers had acted contrary to the B-BBEE Act and that investigations were needed to determine whether fronting was involved. It then delegated its investigative powers to Ubuntu Business Advisory & Consulting.

Those findings were damning of the company, and recommended punitive compensation. Cargo Carriers, the commission found, benefited from the ODI by way of an improved BEE status to the detriment of the drivers; the scheme to manage the owner-drivers’ businesses meant they lost their decision-making powers and access to funds; despite claims of training, there was no evidence it had ever happened; the six complainants were deprived of the economic benefits they expected; and the conduct of the company could amount to fronting or other violations, "which are criminal offences".

The good judge disagreed

But high court judge Sulet Potterill painted a very different picture, concluding that the commission’s finding that Cargo Carriers benefited from the contracts was "irrational" and "not connected" to the evidence before it.

The commission’s findings were ‘irrational’ and ‘not connected’ to the evidence before it

Trainers from Cargo Carriers gave evidence of the four-day intensive training of the ODI concept, as well as ongoing training.

And in the end

The court’s careful analysis of the woeful behaviour of the six would-be owner-drivers — and other proven facts — contrasts sharply with the commission’s extraordinary findings. The court said the commission’s findings on fronting, for example, were irrational and that "not a single jurisdictional fact for fronting was established by the commission".

Ultimately, the court found that "all the findings" of the commission should be reviewed and set aside, and the complaint against Cargo Carriers dismissed, with the commission ordered to pay the costs of the application.

I had a similar experience with the Commission.  There is an ignorance that is scary.  It's been shown up now.  I'm willing to bet that if all those companies that are being "investigated" by the Commission went to court they'd win.  Thank goodness for Cargo Carriers that had the balls to take this bollocks on and win. 

The Commissioner paid for the application and they removed it from their website.  Good. 

I stress, many dti related companies operate in another world.  The courts will remind them to come back to mother earth.  And they need to be reminded often.

 

 

 

 

It's time to go to court, but I need help. SANAS is too much

A critical element of the rule of law is that there should be certainty about what the law is and what it requires, both procedurally and substantively. This involves consistent conduct by those in positions of authority, a uniform interpretation of the provisions of laws and a respect for precedents that are set in decisions made in cases of similar nature

This quote is attributed to Paul Hoffman.  I have quoted it often but cannot find the original quote. It seems that every time I have quoted this it relates to SANAS.

SANAS didn't bother to defend themselves against SERR Synergy, neither did the dti (c).  The judgement is dated 22 March 2022, which is almost two months ago and there has been no notice on either the dti or SANAS website.  This amounts to policy uncertainty and conflicts with the concept known as the rule of law.

We accept, rigthly or wrongly that black economic empowerment is a feature of business in South Africa.  If that is the case then we are entitled to policy certainty.  As awful and ambiguous as the BEE codes are, they are the codes and are open to legitimate interpretation.  SANAS has neither the legislated mandate to provide this interpretation nor do they have ability to do so, interpretation is not their business.

It's important for the reader to understand how SANAS works.  We as the implementers of this policy have no direct access to SANAS.  It's only the verification agencies that have this access.  SANAS will make pronouncements that only go to verification agencies.  It's only then that we find out what they have said.  They have refused to put up a central database of what they have  handed out sanctions for.  The refusal is simple, they know they are not allowed to sanction based on interpretation.  They also know that the verification agencies (other than the detestable Honeycomb) will challenge them, or take them to court.

I am different.  But my pockets are not deep.  I have briefed an attorney who is willing to handle this case.  The case involves us requesting SANAS to furnish us with the necessary authority to show how they are able to censure VAs by going against their interpretations. The second part of the application is then for SANAS to recall every non-conformance that was issued by virtue of them or their representatives have issued due to a SANAS interpretation.  This will go back to the gazetting of the amended BEE codes (2013).

I will account for every cent.  I also expect to be paid for this application, which will be accounted for.  I need you, the user, the consumer, the business owner's financial support.  We all stand to benefit.  If I am sure that my interpretations will benefit your business then so will your own BEE consultant be confident that they can suitably advise you.

Years ago, in 2014 in fact,  I approached a number of people who wanted to remain nameless and suggested we take these codes to court.  It went nowhere.  Companies were too scarred by and scared of the anc.  That's all changed.  We are never going to re-build this country if we don't speak truth to power.  I am willing to front this - but I need money.  My contact details are at the top of this blog, please help me in this battle.

Who'd have thought that we could depend on SERR Synergy. SANAS handed a legal snotklap

SERR seems to have established itself as a disruptive force in the BEE market place.  I have a lot of respect for them.  I'm probably most impressed with their sales people.  SERR is a big business and a real player in the industry. 

One day someone at SERR decided that they didn't like Yuneal's directive about using a financial year for BEE measurement.  SANAS are such an evil force that companies have been forced to use a financial year because they fear that SANAS will take away their license or will force them to withdraw certificates.

SERR then said "Fok dit!." and went to the High Court in Pretoria asking for clarity, citing SANAS and Slaptjips as respondents.  What is most interesting about this is that neither SANAS or Slappie (Patel for the new readers) didn't oppose it.  You can imagine what happend (and so we launch into a new play).

Scene - an office complex in Pretoria

SANAS person (name escapes me) - Oh bugger, those SERRs have gone to the high court to question Yuneal.  I'd better call SlapTjips, sorry  Minister Patel. 

She (I know it's a she) dials the Office of the Minister of Trade and Industry and Competition

Minister's Office - Hello you are through to the minister of summer footwear and hotfood

SANAS person (name escapes me) -Huh!! What the fuck is that?

Minister's Office - Damn sorry.  Are you looking for Minister SlapTjips?

SANAS person (name escapes me) - Yes, he is being called to court to explain Yuneal's behaviour.

Minister's Office - You can't speak to him now, he's not in his office.  I think he's gone to lunch.  I don't see his slip slops under his desk.  He loves wearing them now that he is allowed to.

SANAS person (name escapes me) -Please ask him to call me.  I can't leave a name because I don't know my name

An hour later.  The phone rings.

SANAS person (name escapes me) -Hello it's me who has no name

SlapTjips - Here I am phoning you back, you ruined my lunch and I got hot chip oil on my slops and so now I'll have to get some more

SANAS person (name escapes me) - It's another court case, this one's about Yuneal.

SlapTjips - I've been reading that cheeky white blogger's posts about Yuneal.  When my predecessor left he left me with some vital reading. That blog was one of them, he's a pain in the backside.  Next time I'll ban the sale of guitars.

SANAS person (name escapes me) -I think we can fight this.

SlapTjips - No, don't bother.  The blogger's right.  We won't oppose it. SERR can pick up the costs.  We've got Afriforum and Afrisake to worry about.  I don't want to lose those cases, can you make sure that the state attorney does not brief Dali Mpofu.

They didn't oppose it.  It's a court order Download Signed Court Order 22 March 2022 and it says the following

The directive issued by the South African National Accreditation System, First Respondent ("SANAS") on 6 April 2021 entitled "Clarity on Measuring Period", in the subject line ("the Directive") is declared unlawful and is reviewed and set aside.

It is declared that SANAS has no power in terms of the Broad-Based Black Economic Empowerment Act No. 53 of 2003 ("the BEE Act") or any other legislative instrument to prescribe the measurement period that must be taken into account when verifying an enterprise's compliance with the BEE Act or the Codes of Good Practice issued under the BEE Act.

It follows that SANAS has NO authority to prescribe or interpret anything. 

I'll have to write to the dtic about this, because SANAS and the dtic have been very quiet.

 

 

Resistance to transformation stymies economic hopes, says Minister Patel - really?

Patel said resistance to B-BBEE within the South African business community undermined the other policies government introduced to broaden economic participation and deepened already staggering inequality.

"Legal challenges against B-BBEE policies have sought to stall through litigation and aggressive posturing the necessary journey of transforming the economy. It is a dangerous strategy that will fail. It will ultimately undermine the social stability that democracy rests upon," Patel said.

Patel said fronting remained a challenge and that regulators often found black businesspeople lending their names as proxies to BEE truants.

via www.news24.com

Ladies and gentleman, I present to you typical anc arrogance.  This is not something I would have expected from Slaptjips but he had an audience and awdoz was probably cleaning onto every word he said.

That minister Patel is saying to us is the following

The anc, what are greater than heaven itself, will make laws what are good for everyone even though they pay scant attention to the Constitution, what are an irritation.  If you have the cheek to question any or  all empowerment legislation then you are a fucking racist.

Why isn't our fried food hero talking about the frivolous litigation that comes from the esteemed public denialist (masquerading as a protector) or zuma or ace or mpofu or peter  moyo or sodi or lungisa or the Gwedosaurus, the list goes on. 

The answer  is obvious. 

We need more dissent.  We need to ask more questions and involve more courts.  It seem that this is the only way the these incompetents learn.  They are so delightful - they just appeal and lose.

SANAS is wrong, where is the dtic. Are they complicit?

It's a short post.  I still haven't written my letter to the dtic about these SANAS notes that I have seen, I am sure there are many others and if a reader has something else I would appreciate you sending them onto me.  I have enough information to ask a few questions and I have submitted what I have to an investigative journalist who should be asking all the parties where they get the right to do this.

In discussing this with the journalist I started to look at the processes that are required for an amendment.  I thought that it might lie in the generic codes.  It doesn't - it sits in the BEE Act.  This is more persuasive because it's a piece of legislation  (bolshie thought that the BEE Act trumped the Constitution, at least he knew there was a Constitution, most of the ministers in zuma's cabinet didn't know it existed).  Codes are supportive and do not carry the same weight as legislation.  Section 9 appears to be the most relevant - for the record I am referring to the BROAD-BASED BLACK ECONOMIC EMPOWERMENT ACT 53 OF 2003 AS AMENDED BY ACT 46 OF 2013.  The best version can be found here.

9. Codes of good practice
(1) In order to promote the purposes of the Act, the Minister may by notice in the Gazette issue codes of good practice on black economic empowerment that may include—
(a) the further interpretation and definition of broad-based black economic empowerment and the interpretation and definition of different categories of black empowerment entities;

(5) The Minister must, before issuing, replacing or amending a code of good practice in terms of subsection (1)—
(a) publish the draft code of good practice or amendment in the Gazette for public comment; and
(b) grant interested persons a period of at least 60 days to comment on the draft code of good practice or amendment, as the case may be.

I was going to go into a long discussion of how Yuneal's interpretations were wrong in law (in so far as the codes are concerned).  I don't need to because subsection 1 makes it clear that an interpretation must be made via a gazette.   Gazetting then becomes a type of amendment and follows section 5.

SANAS opinion remains an opinion and carries no more weight than my  opinion.  They are null and void.  I know that every verification agency is petrified of SANAS.  I don't think it's because  they're worried  about processes.  I think they are scared that some arbitrary SANAS employee or deployee may provide a non-conformance due to a difference of interpretation. 

This can't wait anymore.  I have the locus standi to lodge a query with the dtic and I will.  It will be respectful and I will post  it up here and will send emails every three days requesting a response - this is business critical.

 

SANAS – oh SANAS, where is thoust legitimacy?

Unfortunately my tirade against SANAS brutality has not ended. I'm amused by this but not by the unchecked power that SANAS wields over the economy through their verification agencies. I am going to write to the dtic about this, my concern is that SANAS is amending codes in fact. It doesn't matter that it's not supported by law, that will be resolved by a court case. I've tried that before, had no luck – but if there bodies of people who would like to help me brief attorneys and get counsel and pay me for the privilege of managing this then I'm in.

I need to start with SANAS. I have not found the authority that provided them with right to manage BEE certification. This predated the bolsh (I wonder how he's doing now that mother Russia is marauding a former Soviet but now sovereign state, my money's on that he wishes that communism will return to Russia and they will be great again, as if they ever really were, he'll be disappointed). I can't blame our resident commie for creating this mess. I don't think he did much to prevent It from happening, neither has Slaptjips. Be that as it may they are now responsible for issuing licences to determine blackness disguised as transformation.

What is SANAS

SANAS is a statutory organisation created by the Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Act, 2006. Already we are seeing that they are well placed to handle BEE. The Act's preamble says

To provide for an internationally recognised and effective accreditation and monitoring system for the Republic by establishing SANAS as a juristic person; to recognise SANAS as the only accreditation body in the Republic for the accreditation of conformity assessment and calibration and monitoring of good laboratory practice; and to provide for matters connected therewith.

This is quite limiting. In the first place SANAS does not have the legislative support to do BEE stuff. Perhaps there is something here

In the interests of balancing verification practices and ensuring consistent technical competence, the BEE Verification Agencies are required to undergo accreditation. the dti collaborates with the South African National Accreditation System (SANAS) in this regard, to harmonise accreditation and verification practices, thereby enhancing South Africa's economic performance and transformation.

Does SANAS appear in gazetted BEE codes?

It appears not. It doesn't even appear in the BEE Act. There's no mention of it in the gazetted verification manual (2008). I checked the 2019 amendments and there's no reference there. In fairness I have not checked other BEE codes, other than the FSC and there's no mention there. This does make sense, why would you want to allow SANAS to fuck it all up when you can ask some other organisation to do it as well (and I was wrong about IRBA – I miss them terribly).

What is SANAS job then?

Perhaps this is where it sort of gets its BEE responsibilities. Section 5(1) of the Act must speak

5. (1) The objects of SANAS are to-

(a) accredit or monitor for GLP (Good Laboratory Practice) compliance purposes, organisations falling with its scope of activity;

(b) promote accreditation as a means of facilitating international trade and enhancing the Republic's economic performance and transformation;

(c) promote the competence and equivalence of accredited bodies; and

(d) promote the competence and equivalence of GLP compliant facilities.

This is iffy. Accreditation is defined in the Act, it doesn't quite refer to accreditation but

"accreditation body" means a body responsible for third party attestation related to conformity assessment and calibration facilities conveying formal demonstration of their competence to carry out tasks against specified criteria, including criteria in International Guides and Standards;

This definition is interesting because it refers to carry out tasks against specified criteria. This is a significant word because it must mean that specified criteria appear elsewhere, not criteria that SANAS whips out on a whim. Not being the lawyer I should have been, I would suggest that this definition precludes SANAS from opining on established criteria.

What is R47-03?

This is the standard that SANAS uses to accredit VAs. What needs to be noted is that it is a SANAS document with Yuneal's name on it – there's another Google search for you Yuneal. It's not a gazette. At best it's a contractual document between SANAS and the VAs. It's a process document which is what it's supposed to be.

NOW THEN – WHERE DOES SANAS GET THE AUTHORITY TO ISSUE NOTICES ABOUT INTERPRETATION OF THE VARIOUS CODES?

I can't find it. And this where I need help. I don't think it exists and as I wrote before, their interpretations are amendments in fact. Even the dtic can't amend a code without following due process. It's worthwhile noting that the last two Yuneal decrees, or at least the last two that I know about, were issued by SANAS. He maintains in the one that he did it in conjunction with the dtic. Yet they are silent.

I have enough now. I'm not finished with SANAS yet but I now have enough background to write to the BEE department. Oh yes dear readers, not only will I keep you abreast of what happens I will post the letter on this blog just after I send it.

Can you imagine being Yuneal and leaving such a legacy

It's overwhelming, Almost rivals bolshie bob. I've included the whole email which is now out of PAJA's reach. At least the infamous and roundly detested Dees' details are there for all to see.

I always found Yuneal to be a decent bloke on the phone. I thought he was largely ineffectual. But I'm not hearing good reports about him. One person saying that he and Dees were a bit of a cabal. This is not verified but neither of the two were liked by their constituents.  Yuneal has now been set upon the private sector, Dees is still trying to build up a smaller fanbase.

Before you look through this email below just consider the following. Here we have the head of the BEE division of SANAS providing an opinion on the industry average calculation and then stating this opinion is applicable, in other words - THIS IS THE ONLY INTERPRETATION. This begs the question, where on earth did Yuneal or SANAS get the authority to provide such codified advice. This is beyond their scope, it's the same as when Yuneal decided that you had to use a financial year to measure your BEE period. Even though there is nothing in any code or verification manual that supports this.

This is not an opinion, it's an amendment. Not that Yuneal cared much at the time. Of course the verification agencies are too shit scared of Dees and SANAS to query this. Where's the dti? They've never returned from their COVID hibernation.

There is no legal backing for this opinion, of course Yuneal tries to legitimise his delusion by saying he's dealt with the dti on this. Why don't the dti send this out? They have no credibility but they have more than SANAS. Even then it is merely an opinion. There is no legal backing for any opinion that SANAS offers and this power remains unchecked.

The email below is absolutely wrong. This is what bolshie's last amendment says

3.2.1 The Net Profit After Tax (NPAT) or average target applies unless:         

3.2.1.1 the company does not make a profit last year or on average  over the last five years        

3.2.1.2 the net profit margin is less than a quarter of the norm in the industry    

3.2.11 talks of two options.

i)    No profit in this year and the year before OR

11)    On average over five years.

If you don't qualify for the first one then go to the second. With the anc having fucked up the economy the way they have profit is a very old friend. The conversation should stop at that point.

But let's say you did make a profit in the last year but it was below the industry average (this comes from STATSSA – a well acclaimed authority, I reckon putin consulted them before he attacked Ukraine. You can imagine the conversation

Vlad – will we receive any resistance when we attack Ukraine

STATSSA – never!!!!!!!!!)

Back to the industry average. There is a calculation that you can use.

But Yuneal (one wonders if he operated alone here) decides to make it more complicated. He also adds in this line

The NPAT-figure used must be the most recent NPAT (not older than 5 years) which is at least 25% of the industry norm

Where did he get this from? It's not in the codes. The codes talk about current NPAT. Not go back five years and use that figure. This is sucked out of  a thumb. I'll give you an example, which is real. The client has made a loss in the last two years (according to the codes we should stop at that point) but three years ago they had a smaller business and they did well, NPAT sat at about 25% of turnover. All the verification agencies are saying you need to go back to 25% and then do the calculation and the indicative NPAT figure amounts to 25% of turnover which in this case came to R820m (yes you read that right – EIGHT HUNDRED AND TWENTY MILLION) . This is in a year where the company made a R150m loss – I'll read that again. ONE HUNDRED AND FIFTY MILLION RAND LOSS.

This is Yuneal's legacy. Great isn't it. He's operated ultra vires. He has amended codes by inflicting his opinions on the verification agencies. Who by the way arrive after the measurement period and penalise the clients.

Yuneal is not done yet, his replacement is apparently also having fun.

What a joy. Read and cry. Next episode is on how I plan to take SANAS down this year through PAJA applications.

From: Yuneal Padayachy <YunealP@sanas.co.za>
Sent: 31 July 2020 06:00 PM
Cc: Dees Dhanraj <DeesD@sanas.co.za>; Mpho Mukhavhuli <mpho@sanas.co.za>; Irene Kali <IreneK@sanas.co.za>; Shirley Dolamo <ShirleyD@sanas.co.za>
Subject: NPAT Calculation
Importance: High

Dear Nominated Representatives and Assessors,

I trust that you are well.

We have received a few queries around the calculation of NPAT in relation to Targets under Enterprise Development, Supplier Development and Socio-Economic Development and in consultation with the Department of Trade, Industry and Competition's (the dtic) Broad-Based Black Economic Empowerment (B-BBEE) Policy Unit, the following is applicable:

As per the General Amended Codes of Good Practice, the following is stated:

• The Net Profit After Tax (NPAT) or average target applies unless:
  • the company does not make a profit last year or on average over the last five years
  • the net profit margin is less than a quarter of the norm in the industry.
  • If the Turnover is to be used, the target will be set at:
    • 1% (ED),  2% (SD) or 1% (SED) x Indicative Profit Margin (NPAT/Turnover) x Turnover
  • Indicative Profit Margin is the profit margin in the last year where the company's profit margin is at least one quarter of the industry norm.

Unless otherwise stated in a particular B-BBEE Sector Code of Good Practice and in line with B-BBEE verification principles and methodologies, the following is applicable:

Step 1:

Determine whether contribution recognition claimed is for the Measurement Period only or spans multiple Measurement Periods.

Step 2 (1):

If Measurement Period only, compare the NPAT margin to the Industry Norm, found in the latest StatsSA Quarterly Report.

Step 2 (2):

If multiple Measurement Periods, compare the average NPAT margin over the Measurement Periods utilised to the Industry Norm, found in the latest StatsSA Quarterly Report.

Step 3:

If NPAT margin is 25% or more of the industry norm, said NPAT figure to be used.

Step 4:

If NPAT margin is less than 25% of the industry norm, the target now becomes turnover based. Calculate Indicative Profit Margin (NPAT/Turnover). The NPAT-figure used must be the most recent NPAT (not older than 5 years) which is at least 25% of the industry norm.

Step 5.1:

Slot Indicative Profit Margin into formula element target (1% or 2%) x IPM (Actual Figure and not 25% of IPM) x Turnover = New Target

Step 5.2:

If NPAT margin is less than 25% of the industry norm, stretching back longer than 5 years, the target becomes 25% of the latest industry norm.

Thank You

Kind Regards

Yuneal Padayachy

Accreditation Manager: B-BBEE

Tel: +27 (0) 12 740 8517 / Cellphone: 072 596 7777 / E-mail: YunealP@sanas.co.za / Website: www.sanas.co.za

Libertas Office Park, Cnr Libertas and Highway Streets, Equestria, Pretoria, 0184

 

Gwedosaurus on state capture. Transformation uber alles

Mineral Resources and Energy Minister Gwede Mantashe has warned that the state capture report may launch heavy attacks on deployment - and by extension, transformation and democracy.

via www.news24.com

And I quote from the Zondo report (paragraph 439)

Ms Hogan describes “behind-the-scenes” processes running parallel to the official
appointment processes. The ANC had expectations that they would influence board appointments via the ANC Deployment Committee. The practice of consultation with the ruling party was further tainted by a lack of transparency and the presence of conflicts of interest.
She said that factional battles within the ANC encouraged and entrenched nepotism and patronage, which compromised the integrity of the deployment process and damaged SOEs.

I think we are referring to cadre deployment here.  We certainly can't call the likes of dud miyeni, brian molefe, my old favourite jimmy manyi or siyabonga gama (to name but a few) as being the poster boys of BEE deployment.  The Eastern Cape does not exist, the roads in the towns in the Northwest are not roads to be proud of.  All of these are anc run-into-the potholes anc municipalities.

Go ask the average person that finds themselves protesting about service delivery whether they are concerned that the incompetent anc official is black.  I suspect they want service delivery and aren't concerned about who they get it from. 

Perhaps our Gwedosaurus would be better off in Jurassic Park - fuck knows he has proven to be rather useless throughout his career.  It's the age old RET adage - when in doubt allege colonialism and racism. 

It's not going away in a hurry.  In fact it's going to get worse because the political leadership, as they refer to themselves have been shown up for the looters that they are.

 

Double Digit James

As I write this, James has one more day as a young man in a single digit. From tomorrow he is going to be in double digits. It's a significant development in anyone's life. And my youngest son has reached it.

COVID has had a huge impact on all school kids, James is no exception. He can be very grateful that the school he attends now has a firm grip in the online schooling environment. In fact parental involvement was actively discouraged during that period. What I found most interesting was how the kids had started developing an online relationship that almost replaced the physical that is so vital to kids of that age. They would play games like Roblox and Blox and sox and Fonzie and whatever else for hours. That virtual companionship remains where James will be called at dinner time to go and play with his mates. This is somewhat concerning in the world that we all grew up in, but might not be for the kids of James' generation. In spite of this he got back to school and rekindled his face to face relationships and remains an incredibly popular kid. He had his birthday party this last weekend (which doubled as a piss-up for his parents' friends, as these parties do) and they had a wild time running around in a forest.

This is the world as we know it. COVID has changed everything for everyone. For most South African school kids it has become an unfortunate stumbling block. We haven't seen the negative effects in James and I'm hoping that we don't. The school has re-introduced sport and James is playing all the sports and deciding which one he likes – hockey is out thus far. He's a good swimmer and is showing great potential as a cricketer. He's not phased about which team he plays for. He plays because he's with his mates. He also doesn't mind calling the shots from the goal mouth as a soccer goalie.

We are at last allowed to go onto the school to watch the games. There certainly was a practice where parents would watch from the fence. You can't keep parents away from these things. The best times of my life have been watching my children playing sport. I didn't to watch Oliver play a single match this year but I did catch a few of James' games. I feel for the coaches because there is very little discipline in the field. I think they would have done their jobs if the ball leaves a child's hand. James has got that part right and could become a really decent fast bowler.

James has grown substantially. He reads voraciously. Hasn't quite substituted a kindle for a TV game yet, but hopefully the kindle time will increase. In spite of this physical and emotional growth, he's still a child at heart who lives within his very vivid and colourful imagination. He loves dinosaurs and will tell anyone who cares to listen about them. He loves his games and he loves his friends. He rightfully calls himself the best artist and architect in the house. This creativity has now extended to animation.

I would be remiss if I didn't mention his under-the-breath speech that is demonstrated when he is being chastised (which is often). He's a master of that technique, perhaps he doesn't want us to hear the very colourful language that is often inaudible. I can't be sure where he learned all that. It's all part of the child that we love and cherish. He's not the best morning person. But that passes quickly. He loves the motorbike and relishes every opportunity to go to school on the bike. I think he likes to show off in front of his mates who think he's very cool.

Happy double figures my wonderful youngest son. It's grade four next year with a number of new challenges. The school days will be longer and the work a little harder but your foundation is good and you are very loved by everyone in this house, and that includes your older brother. You have your friends and a large number of kids who all regard you as a close friend. You've got that knack of making friends easily. Children around you want to be your friend. And we are so glad you are our son.

James Phillips

11 - James Phillips - Fun's Not Over

James Phillips remains a South African musical icon. They should make his music part of the history syllabus in every school in the country. I could make my James the Phillips ambassador.

Eddie Izzard

Eddie Izzard - james bond

No James connection, other than this little tale he tells about James Bond.  Up there with Mr Stephens/Stevens.

Happiest of years my wonderful and brilliant youngest son.

Not half fourteen

I suspect this will be the last blog post about Oliver's previous year.  I wrote these because I wanted him to see that he has a father who loves him, I do think it shows in the writing.  It's also a collection of memories that he can look over when he's older.  That's the period that most people don't remember.  Of course he could troll Facebook and look at pictures and thoughts collected by his mother.  But these thought are concise and collected.  From now on Oliver will be able to collect his own memories and experiences - many of which his parents won't know about and some will be memories that his parents don't need to know about.  It has been a pleasure creating these annual snapshots and they'll be up here for as long as Typepad keeps its servers alive. 

The rules and conditions for this appreciation of my eldest son's 14^th birthday today are

1. Don't embarrass me
2. No pictures
3. Don't embarrass me
4. And most importantly – DON'T EMBARRASS ME!!!!!

The second requirement is easy. He doesn't agree to have his picture taken, and you can see that he's hiding away in this picture. The other three are more difficult. As it turns out these posts are being scrutinised by his friends at school and hence are bound to embarrass the new 14 year old.

It is through this minefield that I tread with caution. Oliver started at a new school at the beginning of this year. He was due to finish primary school this year and then would have headed onto the traditional schools (very expensive and boarding-type school) that his primary school was a feeder school to. I won't go into the reasons why we moved him to this new school, nor will I disclose that it's not as close to home as his prior school is. But it does appear that we and he made the right choice. It's a co-ed school with a very radical thinking headmaster (first embarrassing error – I used a gender). It's a perfect fit for him. It's not been easy because he is a little shy and very self-conscious and he spent a good few months away from school and cricket due to COVID. This term (third term) is the first one where he has been to school everyday. He's putting in massive hours on the cricket field and is flying academically.

Most importantly for him is that he's got a group of friends that he spends a lot of time whatsapping and god knows what else. They're his mates and are a mixture of girls and boys. I think having girls in class with him is important. He's got his first jol on Saturday – a Halloween do. He claims he doesn't want to go – but I think he wants to go.

He's also shot up. I measured him this week and he's grown 3.5cm in the last three months, he has about half a foot to go to catch up with his cousin in the US, but she is a year older than him. He's also lost a lot of weight. He's skinny. Those large shoulders that he cultivated on the trampoline as a child have been replaced by height. (I have to describe him because I'm not allowed a picture).

Ever the passionate child, Oliver still loves his cricket (another high score of 71 recently, batting through the innings  to the last over), will probably not play rugby again and has become very aware of social issues. He's in the right environment to nurture these and to express them. And he gets a daily lecture on Frank Zappa on the way into school and back.

Happy birthday Oliver, I have exercised as much restraint as I can in this missive. You are loved by all those around you and your journey in life now begins on your terms. The world is yours, have it and you'll find it will reciprocate. You're in middle school now, which ends in a few years.  Technically it's your last year of primary school.  You are no longer a small boy, you are rapidly becoming an adult. You've got a lot on your former school mates, you've established yourself at your school and these people will be your friends for the next five years and possibly forever.

Tradition dictates that I play a Peter Green, Ollie Halsall and Denny Laine song every year. I'm going to stick with Peter Green and Ollie this year, I have another surprise for the third song.

Peter Green would have been 75 this year. I still listen to his music with fresh ears. Those short years that he spent with Mayall and Fleetwood Mac cemented his reputation for many generations to come. I think I hear his playing in Zappa, Bob Marley and an Iranian musician called Kourosh Yaghmaei. My love for Green is my own, neither of my children are showing much, if any, interest. 

This is not a Green song, he's on rhythm guitar - this is a Danny Kirwan song. One of the very best opening songs on any album, it just sucks you in.

01 - Fleetwood Mac - Coming Your Way

Ollie Halsall

A great track from his one and only Tempest album. I'm almost running out of Ollie songs.

11 - Tempest - Stargazer

AND FINALLY – not Denny Laine. It's The Who

Athena is one of Oliver's friends. I love the name, it's such a beautiful Greek name, it's a beautiful name period.    The song is the first song off the album "It's Hard", a great and somewhat neglected tune. 

01 - The Who - Athena

OKAY - I really like Denny Laine.  I'll concede that his solo stuff is patchy but I grew up with him and found things in his music that might not be that obvious.  I have to post a Denny Laine song.  Oliver the title says everything about your last five years at school.  This will be your most consistent five years until you settle down - enjoy them.  Love,  get your heart broken and love again.  Work hard, make friends and start preparing for your adult life.

12- Move Me To Another Place