Sunday, July 5, 2009

Buy this book!

Moeletsi Mbeki’s new book, Architects of Poverty: Why Africa’s Capitalism needs Changing,
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Preface
The curator pointed to a large musket hanging on the wall – one of the items sold to Africans as part of the infamous Triangular Trade whereby manufactured goods were shipped from Europe to West Africa and exchanged for slaves, who were shipped to the Americas to grow sugar, cotton and tobacco that were then shipped back to Europe. This was mercantile capitalism in action.

With my South African mindset I queried the wisdom of European slavers selling guns to Africans: surely the guns would be turned on the Europeans, I ventured, betraying my ignorance about the workings of the African slave trade. The curator, a patient professor from the University of Dakar, explained that it was the Africans who caught the people in the interior and sold them to the owners of the ships that transported them to the Americas to be sold into slavery. So it was the Africans who needed the guns to protect themselves against the communities they raided for people to sell.

This little drama happened in the dingy Slave House on Gorée Island, off the coast of Dakar, the capital of Senegal. The Slave House was, in reality, a prison-cum-warehouse, the ground floor of which was used to house Africans destined for enslavement in the Americas. Upstairs were the traders’ quarters, linked to the ground floor by a dramatic staircase. The cupboard under the stairs served as a solitary confinement cell for ‘difficult’ slaves. The curator told me that tears had trickled down Nelson Mandela’s cheeks when he was shown the isolation cell.

The Slave House is the only building on Gorée Island whose back door opens directly to the sea. It’s known as ‘the door of no return’. The people walking through the door onto waiting ships would never see their home country again.

Fast forward from the Slave House to the oil rigs along the Gulf of Guinea. One evening I flew from Lagos to northern Namibia along the gulf. Running the length of this amazing coastline are hundreds of oil rigs, rendered visible at night by the flames of the natural gas they flare. The rigs are not connected to the mainland; they pump crude oil from the bowels of the earth to waiting oil tankers – those ships again! – which carry the oil straight from the rigs to the great oilrefining industries in the United States, Asia and Europe; another commodity Africa is selling to the rest of the world. In the past it was its people; today it is its natural resources.
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These two experiences are what led me to the central theme of this book – the way the powerful in Africa instead of enriching their societies sell off the continent’s assets to enrich the rest of the world. In return for this service these powerful Africans – who I call the political elites – receive the crumbs from the tables of the foreigners who make their fortunes by processing Africa’s resources.

What I have described, whether slave trade or oil trade, is known as mercantile capitalism. Mercantile capitalism is the earliest form of capitalism and its principle is buying cheap and selling dear. Capitalism in the West has moved a long way from the days of mercantile capitalism; it went through the stage of industrialisation and Western countries are now referred to as post-industrial societies.

The problem with Africa is that it is still locked in the mercantile stage of capitalism. The challenge facing the continent is how to modernise capitalism from mercantilism to industrialism. Two countries are an exception to this observation – South Africa and Mauritius.
Why don’t the powerful in Africa ever learn that mercantilism is a road to nowhere? Africa needs new rulers – the people themselves – who understand that the path to a prosperous future lies in hard work, creativity, knowledge and equity.

From the chapter on Black Economic Empowerment
Black Economic Empowerment (BEE) has not … proved to be the fatal blow to South Africa’s oligarchs that Nelson Mandela and black nationalists of his era once envisioned. In fact, it strikes a fatal blow against the emergence of black entrepreneurship by creating a small class of unproductive but wealthy black crony capitalists made up of ANC politicians, some retired and others not, who have become strong allies of the economic oligarchy that is, ironically, the caretaker of South Africa’s deindustrialization … BEE in South Africa is, in reality, another attempt to siphon savings from private-sector operators in an environment where there are no peasants and where most of the private sector is locally owned.

The fact that BEE is an uphill battle for South Africa’s political elite is the result of the ability of the private sector to resist dispossession. But these are early days. Time will tell who will emerge best from what could be a titanic struggle by the political elite – recently joined by organised labour – to confiscate the wealth of South Africa’s current private-sector owners.

An even bigger question, however, is what impact these struggles will have on the growth potential of the South African economy … Most people in South Africa, in Africa, and the rest of the world naively believe that BEE was an invention of South Africa’s black nationalists, especially the African National Congress (ANC), which won the first democratic election in April 1994, leading to Nelson Mandela becoming the country’s first black president. This could not be further from the truth. BEE was, in fact, invented by South Africa’s economic oligarchs, that handful of white businessmen and their families who control the commanding heights of the country’s economy, that is, mining and its associated chemical and engineering industries and finance.

The flagship BEE company, New Africa Investments Limited (Nail), started operating in 1992, two years before the ANC came to power. It was created by the second-largest South African insurance company, Sanlam, with the support of the National Party government-controlled Industrial Development Corporation (IDC), a state-owned industrial investment bank created in 1940. The formation of Nail was soon followed by the creation of Real African Investment Limited (Rail), sponsored by mining giant Anglo American Corporation through its financial services subsidiary Southern Life.

The object of BEE was to co-opt leaders of the black resistance movement by literally buying them off with what looked like a transfer to them of massive assets at no cost. To the oligarchs, of course, these assets were small change.

Sanlam created Nail by transferring control of one of its small subsidiaries, Metropolitan Life, 85 per cent of whose policy-holders were black, to several ANC and Pan Africanist Congress affiliated leaders. The device used was to split shares of MetLife into a small package, dubbed high-voting shares, which gave the politicians (funded by a loan from the IDC) control of the company. Overnight the politicians were transformed into multi-millionaires without having had to lift a finger because all the financial wizardry was performed by Sanlam’s senior executives. All the politicians had to do was show up at the party to launch Nail and thank their benefactor. Even the debt the politicians incurred was largely fictitious as it was MetLife that had to pay it back to the IDC.

This financial razzmatazz was designed to achieve a number of objectives.
It was intended to:
  • Wean the ANC from radical economic ambitions, such as nationalising the major elements of the South African economy, by putting cash in the politicians’ private pockets, packaged to look like atonement for the sins of apartheid, that is, reparations to black people in general;
  • Provide the oligarchs with prominent and influential seats at the high table of the ANC government’s economic policy formulation system;
  • Allow those oligarchs who wanted to shift their company’s primary listings and headquarters from Johannesburg to London to do so;give the oligarchs and their companies the first bite at government contracts that interested them; and
  • Protect the oligarchs from foreign competition while opening up the rest of the economy, especially the consumer goods and manufacturing sector, to the chill winds of international competition.

All these machinations were eventually incorporated into South Africa’s democratic Constitution by the creation of a category of citizens, apparently 91 per cent of the population, to be known as Previously Disadvantaged Individuals (PDIs). The ingenious legal notion of previously disadvantaged individuals created the impression that all black South Africans could or would benefit from BEE. This legitimised the co-option payment to the black political elite by dangling before the black masses the possibility that one day they, too, would receive reparations for the wrongs done to them during the apartheid era.

BEE and its subsidiaries – affirmative action and affirmative procurement – which started off as defensive instruments created by the economic oligarchs to protect their assets, have metamorphosed. They have become both the core ideology of the black political elite and, simultaneously, the driving material and enrichment agenda which is to be achieved by maximising the proceeds of reparations that accrue to the political elite. As we shall see below, this has proved to be disastrous for the country.

Reparations
The black elite, which describes itself as made up of PDIs, sees its primary mission as extracting reparations from those who put it in a disadvantaged position. To achieve this requires the transfer of resources from the wrongdoer – perceived to be white-owned businesses and the South African state – to the victim, the PDIs. By this logic the South African state owes the PDIs high-paying jobs. This transfer of wealth from the strong to the weak is what has come to be known as BEE.

Enormous consequences follow from this apparently simple formulation:

  1. In order for the wrongdoer to be able to pay reparations, the wrongdoer has to maintain a privileged position. This is the principle of fattening the goose that lays the golden egg. What this means is that the corporations that were allegedly responsible for victimising the PDIs must not be transformed beyond putting a few black individuals in their upper echelons. The protection of these corporations has gone so far as to allow them to move their head offices and primary listings from Johannesburg to London in order to shield them from possible economic and political upheaval in South Africa. At a broader level, the battery of Washington Consensus policies – which include trade liberalisation, balanced budgets, privatisation, inflation targeting, as well as the small state – all serve to protect the interests of South Africa’s big business, one of the two main payers of reparations.

  2. For the victim to continue to draw reparations it is critical that he or she remains perceived as a victim and as weak. This means that the former freedom fighter must be transformed from a hero who liberated South Africa into an underling. The payment of reparations to the black elite thus achieves the opposite of what it is claimed it was designed to do, that is, make its members leading players in the economy. In reality, it makes members of the black elite perpetual junior support players to white-controlled corporations.

  3. One of the most destructive consequences of the reparations ideology is the black elite’s relationship with, and attitude to, the South African state. As the state is said to have been party to the disadvantaging of the PDIs it is therefore also perceived to owe them something. By way of reparations the state must therefore provide PDIs with high-paying jobs. By extension, the assets of the state are seen as fair game. The approach of the black elite to the state is, therefore, not that of using the state to serve the needs of the people but rather of using it, in the first instance, to advance the material interest of PDIs. Not surprisingly, corruption under the ANC government has grown by leaps and bounds, leading Transparency International – the worldwide watchdog on corruption – to downgrade South Africa in the world’s corruption tables. According to the Transparency International Corruption Perceptions Index South Africa dropped from number 34 in 2000 to number 54 in 2008. In 2008 the least corrupt countries were Denmark, New Zealand and Sweden and the most corrupt country was Somalia, ranked at 180.1 Ironically, one of the most important restraining influences on the abuse of the state for the self-enrichment of the black elite is the white-controlled corporations – the abovementioned layers of golden eggs – because these corporations need the South African state to function efficiently in order to provide a stable business environment as well as functioning transport and communication infrastructure. The judiciary and the independent mass media also play an important role in this regard.

  4. The ideology of reparations traps members of the black elite into seeing themselves as the beneficiaries of the production of other social groups and therefore primarily as consumers. To facilitate their role as consumers the black elite sees the state essentially as distributive rather than developmental. Most importantly, the black elite don’t see themselves as producers and therefore do not envisage themselves as entrepreneurs who can initiate and manage new enterprises. At best, they see themselves as joining existing enterprises, the process of which is to be facilitated by the distributive state through reparations-inspired legislation. This is the most striking difference between the black elite of South Africa and the elites of Asia, where the driving ideology is entrepreneurship.

Wednesday, May 6, 2009

Authored by Andrei

Victims rights Charter and Minimum service Standards, but acknowledges our status as indirect victims of crime.

1 Introduction
The Service Assurance Charter (SAC) describes the Service Level Agreement (SLA), which contains clauses to reduce the financial demise the population experiences as a direct and/or indirect result of crime. The Service Assurance Charter explains the business methodology roles of the service provider who delivers services related to crime, the customer, the financial impact of the service on the customer and the associated default compensation recourse the client will be entitled to as basic rights. SAC intends to motivate the Service Provider to deliver successful crime related services to all the population of South Africa.

The Service Assurance will provide detailed information to enable you to exercise your rights and the conditions associated to such rights.
Service Assurance closes the open part of the loop for the customer within the Victim’s Charter, the Minimum Service Standards and the service delivery impact as experienced by the customer within the boundaries of the Constitution.
The Service Assurance Charter was developed within the spirit of the Constitution, which is based on the rule of law, where everyone is equal before this law and the law is equally applied to all.
This Charter
 categorizes direct and indirect victims of crime as well as categories of such victims
 is scoped from the viewpoint of the financial impact the customer experiences and lawful expectations of the customer to receive a successful crime service from the service provider on a continuous and equitable basis.

The Service Assurance Charter is consonant with the provisions of section 234 of the Constitution.
All laws and government processes and procedures, the Victims charter, Minimum service charter and possible victims fund must complement this charter in full.
2 Objectives
This charter recognizes that the services related to crime have failed you if you experience a crime and /or if you have to spend after tax money and/or effort to prevent crime for yourself, your family and possessions. The clauses within this charter intend to reduce any further financial demise on your part by claims allowed against the state treasury under certain conditions. In addition, the charter realizes that the state treasury income should not be disadvantaged due to the relevant claims and therefore accommodates government by recognizing that the government treasury may become a victim of crime and addresses the scenario where applicable.
3 Business methodology
3.1 The customer
The customer is the legal citizen, resident of the country or the legal visitors to the country on whom the service is delivered. The customer expects the service to be delivered successfully on a continuous and equitable basis.
3.2 The Service Provider
The Service provider is the accountable party whom delivers the service onto the customer, in this case the government.
3.3 The Service
The service is the objects which must be delivered by a service provider onto it’s customers.
In this case, the service objects are directly related to crime.
3.4 Service Level Agreement clauses
Rights bestowed on the customer to claim certain financial compensation from the state treasury in the event that the service fails the customer.
3.5 Customer financial obligation
The customer is obliged to financially contribute to the state treasury in the form of taxes, which is recognized as the payments to the service provider to deliver the service successfully.
4 Service Level Agreement
4.1 Direct Victim of Crime
If you are a direct victim of crime, the services related to crime have failed you. You have experienced a crime perpetrated against you and/or your dependants. The rights described in this charter do not limit any rights as described in the Victims Charter, however, the V.A.T portion can only be claimed back from the perpetrator by government.
This claim will be known as the V.A.T Compensation claim (V.A.T.C.C).

The V.A.T. compensation claim must be submitted to the Public Prosecutor on demand within 30 days of finalization of the claim.
4.1.1 Customer Claim
You and/or the party who assists you financially, have the right to claim back all the Value Added Tax (V.A.T.), from SARS for any transaction directly related to the specific crime, be it goods replacement, repair of damages, medical expenses or services.
This claim will be lodged against SARS:
 As an individual citizen, resident, during the process of periodic Tax claims
 as a company, during the VAT submission process
 as the estate executor of a deceased, during the process of estate duty obligations
 as a visitor to the country before leaving the country.
4.1.2 Conditions
This right will be exercised under the following conditions:
 A criminal case was opened with the police and a case number furnished. The case information must reflect that the goods were stolen/damaged/lost due to crime. Lost goods per sé do not qualify if crime cannot be proved and
 The crime was not committed by a direct member of the family
 A tax claim is submitted to the office of the South African Revenue Service
 The public prosecutor and/ or station commander has signed the claim or
 Your legal advisor has signed the claim
 with a motivation(s) which tracks the costs and relevant association to the specific crime
 including proof of ownership of the stolen goods.
 A claim against a government Victims fund has not been submitted

4.1.2.1 Replacement of goods
Any item which was lost/stolen/damaged in the event of a crime, which is replaced by the victim themselves, or their insurance, or other parties on their behalf, or as assistance, must have a zero rated V.A.T amount.
4.1.2.2 Medical expenses
All medical expenses as a direct result of crime
4.1.2.3 Other
Elaborate
4.1.3 Government Claim
Government has the right to claim back all the Value Added Tax (V.A.T.) from the criminal as per Conditions for Government claim section (4.1.4), as the department of Finance is recognized to be a direct victim of crime now and must fulfill it’s obligations to recover V.A.T.
4.1.4 Conditions for Government claim
This right will be exercised under the following conditions:
 on the date of sentencing of the accused and request the prosecutor to apply to court for a compensation order in terms of section 297 and 300 of the Criminal Procedure Act, Act 51 of 1977,
 or after sentencing when the V.A.T compensation claim is available.
 “Compensation” refers to an amount of money that a victim of crime has, or will claim back as V.A.T. from the state treasury.
 The prosecutor will inform the accused of the status of the V.A.T compensation claim on the date of sentencing.
 The clerk of the court will assist government with the enforcement of a compensation order granted by the court.

4.2 Deceased Victim of Crime
If the customer is killed in a crime, the services related to crime have failed the customer and the customer’s right to life was violated. The customer has experienced a crime perpetrated against him/her.
Customer claim rights for the categories non-dependant (main or secondary income generator), dependant(s) or both, are addressed. The rights described in this charter do not limit any rights as described in the Victims Charter, however, the estate duty portion can only be claimed back from the perpetrator by government
This exemption is an attempt and state acknowledgement at restitution of the financial demise of the direct family and/or inheritors of the specific estate.
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This claim will be known as the Estate Compensation claim (E.C.C).

The executor of the estate and/or the guardian must submit the Estate Compensation claim (ECC) to the Public Prosecutor within 30 days after finalization.

4.2.1 Customer claim non-dependant
A non-dependant is defined to be the person who is an main or secondary income generator and support the main/secondary or dependants members in the family. Two claims may emanate in this scenario:
4.2.1.1 Estate part
The executor of the state will process the estate of the deceased as per normal laws, regulations, procedures and processes, however, government will exempt the estate from all duties owed to government in total. Government will reimburse the dependants and/or inheritors of the deceased estate, any amounts outstanding within the shortest possible time. This right is limited to the victim of the crime party or parties of only and not the perpetrator or parties of the perpetrator, in the event that the perpetrator is killed.

4.2.1.2 Lifestyle part
The dependants/main/secondary income generator may further lodge a claim against government to pay such party a taxable amount per year equivalent to the current yearly taxable income of the non-dependant deceased, with increases calculated on such income based on the accepted inflation of the particular year minus payouts from pension, provident funds minus payouts from life insurance cover. This yearly payout will ensue for the lifetime of the spouse and/or when the last child has reached the age of 21.
4.2.2 Conditions
This right will be exercised under the following conditions:
 A criminal case was opened with the police and a case number furnished
 the estate is found not to be in breach of any law or
 where a family killing is not the cause,
 or where the person who died as a direct result of crime, is not found to have staged their own death in suicide or criminally veiled.
 A claim against a government Victims fund has not been submitted
4.2.3 Customer claim dependant
A dependant is defined to be the person who is financially dependant on another party.
The government will reimburse the guardian of such deceased dependant an amount not more than R10,000 per life year of such deceased, up to the age of 25. A sliding scale will apply, based on the taxable income of the non-dependant on an average for the last 3 years of such income. The sliding scale will be in line with the latest taxable income settings. The maximum amount to be reimbursed will not exceed R250,000. The final claim will subtract life insurance cover payouts for the dependant. A default value will be set at not less than the dependant tax allowance for the current year per dependant.

This claim will be known as the Dependant Compensation claim (D.C.C).

The executor of the estate and/or the guardian must submit the Dependant Compensation claim (ECC) to the Public Prosecutor within 30 days after finalization.
4.2.4 Conditions
This right will be exercised under the following conditions:
 A criminal case was opened with the police and a case number furnished
 the dependant is not liable for an estate process
 where a family killing is not the cause,
 or where the person who died as a direct result of crime, is not found to have staged their own death in suicide or criminally veiled
 or where the parents have not staged the death of the dependant(s)
 A claim against a government Victims fund has been submitted
4.2.5 Government Claim
Government has the right to claim back all the Estate/Dependant Compensation claim moneys from the criminal as per Conditions for Government claim section (4.2.8), as the department of Finance is recognized to be a direct victim of crime now and must fulfill it’s obligations to recover such moneys.
4.2.6 Conditions for Government claim
This right will be exercised under the following conditions:
 on the date of sentencing of the accused and request the prosecutor to apply to court for a compensation order in terms of section 297 and 300 of the Criminal Procedure Act, Act 51 of 1977,
 or after sentencing when the Estate/Dependant compensation claim is available.
 “Compensation” refers to an amount of money that an executor of the estate and/or the guardian/dependant has, or will claim back from the state treasury.
 The prosecutor will inform the accused of the status of the Estate/Dependant compensation claim on the date of sentencing.
 The clerk of the court will assist government with the enforcement of a compensation order granted by the court.

4.3 Indirect Victim of Crime
All reasonable private expenses by a customer for safety and security reasons are recognized to be for crime prevention and must be tax deductible. Such expenses are commonly known to be related to crime reaction units, security alarms and equipment, security fencing and lights, vehicle tracking, effort pertaining to CPF’s etc. In many cases, a short term Insurer will demand such crime deterrent expenses to minimize their risks, which is a clear indication of the uncontrolled nature of crime.
This charter recognizes
 the financial impact which crime prevention services (or lack of), has on the customer and entice customers to participate in crime prevention within the limits as per the conditions section
 that customer needs for crime prevention will be diverse and expenditure accordingly.
 that government should make every attempt to ensure crime is prevented in order to limit expenditure and effort on the customer’s part

This claim will be known as the Crime Prevention claim (C.P.C).
4.3.1 Crime prevention claim
The customer may lodge crime prevention claims with every periodic Tax claim within the boundaries of the conditions section.
In the case of visitors to the country, such costs cannot be claimed directly from the government institutions, however, this charter advises the department of tourism to enlighten visitors on their rights and the current crime situation. The sponsor of the visitor may submit claims for such expenditures, but may not charge the visitor for the costs related to the claim.

4.3.2 Conditions
This right will be exercised under the following conditions:
 A tax claim is submitted to the office of the South African Revenue Service
 Listing all costs for crime prevention per item per month
 With a motivation of a list of crime prevention items and respective costs per item per month
 With a motivation related to effort and expenditure where the customer is actively involved in a CPF and/or reservist in the SAPS
 with a motivation(s) from an Insurer whom must substantiate their requirements to insure the customer and the average respective costs per item per month (Optional where the customer is insured)
 confirmation that the customer is involved in a CPF and the extent of involvement (Optional)
 confirmation that the customer is a reservist in the SAPS and extent thereof (Optional)
 any successes to crime prevention/reduction within area which must endorsed by the local station commander (Optional)
 A claim against a government Victims fund has not been submitted

5 False claims
Any false claim and/or false information on the customer’s part will constitute a criminal offense of fraud and be dealt with accordingly.
All related claims will be nullified with immediate effect.