Sunday, 20 November 2016

Lack of diversity in Marketing and Advertising industries!

"In the advertising industry, English is the first language of business, but it’s not the mother tongue of 91 percent of the population. To employ teams with little or no experience of the target audience they are marketing to is exceptionally shortsighted as clients will seek out agency partners that better represent and instinctively understand their consumers"
Marketers should demand their agencies introduce diversity quotas. Hire more women and Black people and pay them well.
It’s 2016, and while many things have changed in the advertising industry, the sorry state of diversity isn’t among them! Hiring, of course, is only part of the problem. The failure to retain young black talent due to lack of encouragement or opportunities and hire more women, is the other issue amongst other issues.
The industry refuses to transform, if you’re black and you happen to make it to top management or senior something the industry is perpetuating the stigma that black appointees are merely the beneficiaries of preferential treatment through fronting. They even have BEE partners there for show!
Some go as far as subconsciously blaming Black people for the diversity problem. They say blacks are both unaware of careers in advertising and unprepared.
Please.
Someone once changed careers because he was told  “I’m sorry Amandla, but I don’t think our client is ready for a black copy writer”.
The advertising industry refuses to diversify. The advertising agencies continues to push racist agendas of their clients. The industry continues to discriminate against black hair because the client thinks it’s too dirty. We have all heard the likes of celebrities like Claire Mawisa being sidelined because she has dreadlocks, they even went as far as asking her to cut them off to get the job.
We have woken up to the uncomfortable fact that while 80% of consumer spending is directly influenced by women, only a small % of creative directors are female.  Indulging in a box-ticking exercise in work and employment practices, so you can win awards, or beat your peers – instead you must reflect the population as it is, not only for society’s good, but for the good of your businesses.
Having a truly diverse workplace is the societal equivalent of a meaningful brainstorm. Brainstorming is, after all, getting a group of diverse people together to share different views to arrive at the best ideas.
Diversity brings diversity of ideas, which is what the industry is crying out for at the moment. Take a look at the current crop of marketing from some of the biggest brands and you would be forgiven for thinking that we live in a white, middle class.
The advertising industry has to put on its big boys’ and big girls’ panties and face the glaring truth: that the racial diversity issue has little to do with awareness or availability of qualified black talent but everything to do with prejudice and racism inside advertising.
Yes, I’m calling a lot of people in advertising either prejudiced or racist, but I firmly believe it’s a prejudice issue more than a racist thing. Please, the two terms are not the same. Before you pull out the pitchforks and torches, allow me to explain the difference. No. Let’s allow Merriam-Webster to give the definition of the two words:

Prejudice:
“Preconceived judgment or opinion (2): an adverse opinion or leaning formed without just grounds or before sufficient knowledge

.”
Racism:
“A belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race
.”

It is important to understand the differences and variances between the two words. I believe most of the issues concerning diversity are tied to a form of prejudice, rather than racism, although there is a bit of that going on as well.
I cringe every time I hear advertising professionals throw out words like “culture” and “fit” when talking about hiring people. Both terms reflect a degree of prejudice. What is it about the person that doesn’t “fit?” What “culture” doesn’t a person have that he/she can’t do the job?

The ambiguity of these words makes their use as a tool for excluding a group of people an act of pure genius. An interviewer can have a feeling that the person will not be a good “fit” or match in the “culture” without having to explain why. It is the perfect cloak for prejudice.
Until advertising acknowledges and moves to deal with this prejudice —instead of promoting and perpetuating the idea that Blacks are either unaware or do not possess the skill set to work in advertising — very little will change.
Ah, but here is the catch: Advertising cannot and will not face its racial diversity issues alone. And the industry shouldn’t have to. This is partially the fault of clients.
Clients know their agencies. They know the people who work on their accounts. And they are keenly aware that it has been a white men’s club for years.  All too often, the only people of color in the room during meetings are on the client side. This should make clients uncomfortable, and give them pause.

The racist ones clients who don’t like black hair and think black people should dance in adverts, those ones, we see you!

The issue of racial diversity is so much more than political correctness, it is good business. Having a diverse staff allows an agency to have a wider range of experiences and views to pull from when creating messages to reach an audience that is becoming more diverse every day. Clients are screaming for more effective work. Well, how effective is it to always approach assignments from a singular cultural point of view? It isn’t.

So what can clients do? (The not so racist ones) Simply asking about and encouraging the agency to look into its diversity issue will have a huge impact.

For more than 20 years, we have watched and waited for advertising to mature and develop a conscience on this subject.

Shame on advertising.

“Advertising is afraid of the dark.”

For far too long you have portrayed us like circus monkeys. For far too long you have portrayed us as people who dance to everything in your adverts. For far too long we have been dancing for white people’s amusement. For far too long you have portrayed our lives so wrong because you don’t even consult us but you want to talk about us to sell your clients product. Your obsession with making black people dance in your adverts is insulting and offensive.

In 2016 you still think that adverts with black people must involve dancing and running and screaming and so on! Is this the life of black people according to you?
There is absolutely nothing wrong with dancing but we are sick and tired of you thinking that the only way to capture the black market is by dancing! We are not here for your amusement! It is high time that you stop with your lazy work of making black people just dance. Do your research, understand the market and sell us the product in a decent manner. By doing research, We not saying ask Sipho, the only black at yours braai, he understands nothing about black lives and struggles because he has always aspired to be like you, eat like you, speak like you and just be there as the only black guy at the braai, bruh!
By research, by no means do I mean that you go to the township and hang around Vilakazi  Street and now think you understand the black market. Hire more black creatives and use them. So they can help you “fit” into the “culture”

It is your understanding that black people have rhythm, by no means does this mean that this becomes your entertainment, we have come far as a nation, we are aware, we ARE educated, we know better than we did before, we love fun and dance but not for you to see that as your point of sale. Please stop annoying us with dancing black people in adverts. It is OFFENSIVE AND TIRING! Sikhathele inina nisenza ihlaya!

Not so long ago;  Chris Moerdyk wrote: “Is there racism is the advertising and media industries? Unquestionably there is. The obsession for continually wanting to define its target markets by skin colour is disgusting!

The industry is still extremely white, despite the fact that many of the larger agencies have development programmes. The process is simply not happening fast enough and apart from a few exceptions many of these attempts are nothing more than tokenism.

This somewhat half-hearted attempt to bring blacks into the industry is by no means the fault of white players in the industry. Black executives in the ad industry are mostly also paying lip service to development and transformation.

Statistics show that the advertising industry is still mainly white. A lot of people in the industry point at the number of young blacks attending advertising schools and suggest that “we all wait for this to filter through into the industry”.

But, the problem is that very few young blacks manage to get a foothold into the industry without having either lots of money backing them, university degrees or some other sort of training. Unlike a lot of whites.

The advertising industry needs to create far more ambitious programmes particularly to develop raw talent and to start putting this talent to work without insisting on years and years of expensive advertising education.
In a nutshell, while young whites are managing to get job interviews, young blacks aren’t able to have their telephone calls answered. What is that, other than racism?”

Friday, 4 November 2016

Icarus has fallen – politics and the tragedy of Brian Molefe

The below piece is the work of Khaya S Sithole (@CoruscaKhaya )
FB link: https://www.facebook.com/khaya.sithole/posts/10154656211142103

“It is a melancholy truth; that even great men have poor relations…” (C Dickens, 1812 – 1870)
Yesterday I witnessed the heart-breaking sight of the CEO of Eskom Brian Molefe breaking down in tears. At that stage, I had finally finished all 444 pages of the State of Capture report and had a couple of observations. Firstly, we need to talk about the name of the Gupta security guard. We really need to talk about this name. His name is Mjikijeli Kheswa and it essentially means ‘the thrower’. And in a society where the president is rapidly developing a reputation of throwing people under the bus – this is a delightful and ironic twist.
Secondly and rather unfortunately, the report is quite poorly written. By the time I landed on page 59, I had identified far too many errors that made me feel quite uncomfortable. After page 59, I stopped applying my metaphorical red pen – it was simply out of ink. Naturally one has to concede that the Public Protector does not actually type out the report herself but – just like Shaun Abrahams has the final say on prosecutions – Thuli had the final say on the report and its substandard editorial quality is rather disappointing. Substantively the report itself is not actually 444 pages but much shorter than that. There are bizarre repetitions of issues already ventilated that suddenly pop up again for no discernible reason. This is difficult to understand.
Another odd thing about the report is that it includes identity numbers of some affected persons. I think this is wrong. The Public Protector is fully aware that the CIPC allows anyone who is in possession of an ID number and a surname of someone else to scrutinise the directorships of that other individual. I do not understand why this was regarded as necessary. As a consequence of this, I have been able to ascertain that the following affected individuals – Anthony Wood, Litha Nyhonyha and Mr Pillay are directors in multiple companies. Wood is a current and past director in 62 different companies; Litha Nyhonyha is a current and past director of 113 different companies and Pillay is on 58 companies. I am not convinced that this was necessary at all. https://eservices.cipc.co.za/Disclosures_person.aspx
As a disclaimer, I first read the report in Melrose Arch the day it was released – and 2 of the affected individuals happened to be in the restaurant at the same time – plus the guy who currently runs the SABC. Furthermore, one of the mentioned individuals is a personal friend who actually sold me my first car 9 years ago. And another entity mentioned in the report – RBCT – funded my undergraduate studies at Howard College. So, there you go – all conflicts declared.
And then there is the report itself. The essence of it all is the question of whether the Republic as we know it has been captured by individuals who are advancing private interests using public resources. The scope of the investigation was limited to focus on one family and its influence on the state. The question of whether the scope should extend beyond this is worth considering. But nevertheless, we are stuck with this report so we need to talk about it – for now.
The report threatened to cover issues relating to multiple companies, but somehow we end up with a detailed focus on the Eskom contracts. Key to the problem is the history of the Optimum Coal Mine and how it ended up in the control of the Guptas. The short version of the story is as follows. Back in 1993, Eskom signed a contract with Optimum for the supply of coal from 1993 to 2018. The basis of this contract is the coal supply agreement (CSA) which has 2 interesting aspects. One refers to the hardships clause which means that the parties can engage within the 25-year period and renegotiate aspects of the deal if necessary. The other aspect relates to the penalty provisions – which allows Eskom to penalise Optimum in the event that the coal delivered is not useful to Eskom. In this penalty clause, Optimum is obliged to keep delivering coal but only gets paid a nominal amount of R1 per tonne until Eskom recovers its losses. Sometime in the late 2000s, the Optimum Coal entity fell into the hands of Glencore – who presumably conducted proper diligence before they decided to acquire the mine. And then things started going wrong.
At some point in time Optimum started supplying substandard coal to Eskom. In some consignments, up to 45% of the coal was useless to Eskom and had to be rejected. This means that Eskom was stuck with useless coal and had to adjust its electricity generation schedule to cater for the fact that it didn’t have enough useful coal. The 1993 agreement allowed for Eskom to actually penalise Optimum when this happened – but Eskom decided not to implement the penalty clause. Instead, South Africa suffered through load shedding. The nature of the agreement signed in 1993 had escalations – as expected. Due to its location, Optimum was responsible for supplying coal to the Hendrina Power Station which is based in Mpumalanga and has a capacity of 2 000 megawatts. The consequence of receiving useless coal means that the power generation is compromised and load shedding results. Rather than penalise the company and drive it to bankruptcy, Eskom decided it was in their interests to keep the mine operational by ignoring the penalty clause – and the penalty fee kept rising.
Somewhere along the line, Optimum became aware that Eskom had a deal with Exxaro for the supply of coal which was economically much better than the deal that Optimum had. In the Exxaro contract, Eskom paid R1 132 per tonne. In the Optimum contract, Eskom paid only R150 per tonne. The Exxaro contract expired on 31 December 2015; the Optimum contract was due to only expire in December 2018. In light of this information, Optimum then activated the hardship clause which simply means they went to Eskom and said ‘we can no longer keep supplying coal at R150 per tonne; we want to charge you R530 per tonne, can we negotiate?’. In this conversation, Optimum was asked to prove that their cost structure was indeed too high and they could only remain alive if Eskom paid them more. They struggled to prove this and kept insisting that they were losing R100 million per month from the Eskom contract. Eskom remained unconvinced.
Optimum came back with a revised offering saying they could suddenly survive if Eskom paid them R442 per tonne. Unfortunately, a certain Brian Molefe was now in the building. As part of his strategy to turn around the entity, poor old Brian engaged his mind in evaluating such contracts. And then – Wits University’s most successful graduate – Ivan Glasenberg who owns Glencore – indicated to Brian that if Eskom wasn’t willing to pay more than the current price then Optimum would stop supplying Eskom and load shedding would be a permanent problem. Brian then viewed this as a form of bullying and then decided to tell Glasenberg that he will activate the penalty clause on Optimum. At that stage, the money that Optimum owed Eskom in terms of the penalty clause was R2,15 billion. So we had a company that had a liability of R2,15 billion to Eskom threatening to cut coal supplies unless Eskom paid them R442 per tonne – even though the agreement said Eskom needed to pay R150 per tonne. This was a standoff of electric proportions.
The scary thing about this penalty clause is that it is actually part of a strategic move by Optimum. Power stations are very specific about the size and density of the coal they can burn. If a supplier brings the wrong coal it simply cannot be used without damaging the power station. So suddenly, Optimum started delivering coal that was wrong. Firstly, 20% of the delivery would be wrong. And then 30%. And then 40%. And this peaked at 45%. The problem here is that you cannot possibly know that the coal is unusable until it arrives at the power station. And when you need to generate 2 000 megawatts of power then you are in trouble. Eskom could have activated the penalty clause and refuse to pay Optimum – but this would have bankrupted Optimum immediately so Eskom didn’t levy the penalty – but kept calculating it. And this is how the penalty kept growing until it reached R2,15 billion.
Once Molefe refused to be bullied into paying this increased price and decided to activate the penalty clause, Optimum then put itself into business rescue. When it went to business rescue, it owed R2,9 billion to Investec, Nedbank and RMB. These were the secured creditors that needed to be paid first before any change of ownership could take place.
A key feature of the Optimum structure is that Eskom needs to approve any transaction that results in a change in ownership of Optimum. The Optimum Coal Mine is one of 3 entities that make up Optimum Coal Holdings – the others are Optimum Coal Terminal (OCT) and the Koornfontein Mine. OCT is part of the Richards Bay Coal Terminal (RBCT) which is a consortium of coal suppliers. Optimum Coal (OCT) is a 7,5% member of RBCT which means that they can provide up to 7,5% of RBCT’s annual exports. The value of this right is $360 million per year – that is R4,85 billion per year.
Once Optimum was under business rescue, Pembani attempted to make an offer to buy the mine. The deal collapsed because Eskom said they would still demand payment of the R2,15 billion penalty from the new owner. Pembani was informed that Eskom would not approve a deal unless Pembani agreed to pay the penalty. So Pembani walked away.
A key part of the deal is the question of whether only Optimum Coal Mine was for sale or if all 3 companies were for sale. The 2 other entities were still profitable – only Optimum Coal Mine was making losses due to the Eskom contract. Ideally, if one could buy all 3 then you could use the profits from the other 2 to balance out the losses on the Eskom contract. After Pembani walked away, our favourite audit firm – KPMG – then informed Optimum and Glencore that a new buyer had emerged – and this buyer wanted all 3 entities. This buyer was Tegeta which is owned by Oakbay and the Guptas.
What was curious about the Tegeta/Oakbay conversation is that Eskom suddenly changed 2 things. Firstly, Eskom was no longer insisting on charging the R2,15 billion penalty to the new owner – this is different to what Pembani had been told. Secondly Eskom was now happy to approve the sale of all 3 entities – this is not what Pembani had been told. In other words, once Tegeta joined the conversation, Eskom deleted the 2 clauses that had made the deal impossible for Pembani. This was curious.
The banks also got involved in the conversation. By the time Nhlanhla Nene was fired on 9 December, the banks were owed R2,95 billion. In reality, the company now belonged to the banks and Eskom which was owed R2,15 billion. You would therefore need over R5 billion to buy the company – unless Eskom wrote off its R2,15 billion claim – which it surprisingly did by deferring it. Once Eskom had indicated that the R2,15 billion could be deferred it meant that all one needed to do was to pay off the banks and Optimum could be transferred. For all practical purposes, this deal made economic sense. Only 1 leg of it was odd – the Optimum Coal Terminal (OCT) leg. As part of its drive to reduce costs, Optimum had stopped supplying coal to the export market. This is odd because the coal is sold on the export market for $65 (R875) per tonne – which is much higher than the R150 Eskom was paying and still higher than the R530 Optimum wanted Eskom to pay under a revised contract. Once all these issues had been sorted and Eskom was willing to ignore the R2,15 billion penalty, Tegeta made an offer that was acceptable to all parties (the banks and Glencore). The final purchase price was R2,55 billion. Glencore would pay R400 million and Tegeta – don’t laugh – would pay R2,15 billion. But there’s more…
In any mining operation, there is a legal requirement to set up an ‘environmental/rehabilitation fund’ which will deal with fixing the environment once the minerals have been successfully stolen by capitalists. Such funds are supposed to benefit the communities in the affected area and established in terms of the National Environmental Management Act. Naturally, Optimum Coal and Koornfontein had created such funds. The Optimum Fund had R1,47 billion and the Koornfontein Fund had R280 million. The funds are ring-fenced for community activities only and cannot be used for any other purpose. If an entity uses the funds for any other purpose then the owners of the fund are guilty in terms of the Income Tax Act (section 37) and need to pay taxes up to 2 times the value of the Fund.
The Guptas got clever here. As part of the purchase agreement, the control of the rehabilitation funds would pass on to the new owner. Tegeta then classified this as ‘cash available to them’ which would be transferable once the sale had been finalised. (Just like your fixed deposit which you plan on withdrawing after a specific date). The Bank of Baroda then treated the cash in the funds as money available to Tegeta and counted it as Tegeta’s asset. After April, South Africa’s ‘ethical’ banks – Standard Bank and Nedbank, transferred the funds to the Bank of Baroda branch in Durban. Apparently at that stage the 2 banks had not located their conscience and didn’t question why the money was being moved.
So you’d think these illegal transfers would have set alarm bells everywhere. But the Guptas are much smarter than we think. The Guptas have a friend called Mosebenzi Zwane – who sounds like a hard worker. He is the rather energetic Minister of Mineral Resources. The official custodian of the mining rehabilitation funds is the Department of Mineral Resources. Such funds that are created for community benefit purposes are only allowed to make transfers after obtaining approval from the Minister of Mineral Resources – and that would be Mosebenzi Zwane. Once such a transfer happens; SARS is responsible for charging taxes on this fund – unless the Commissioner decides not to charge the tax. That would be Mr Tom Moyane.
In order to facilitate this hoax, the Bank of Baroda prepared a letter to indicate that Tegeta had money. That made it easier for the South African banks to believe they would get their money. But this was not enough to cover the purchase price.
Tegeta then went on a drive to raise the money which involved multiple entities including Trillian Capital, Oakbay, Regiments and Shiva Uranium. Unfortunately, after all this was done, Tegeta was still short of R600 million in order to finalise the transaction – yes, that sounds like the R600 million offered to Mr Jonas. The period of 11 to 13 April is the biggest problem for Brian Molefe. I am tempted to say that Brian Molefe reacted to the bullying antics of Glasenberg in a way that he thought was prudent. I am also tempted to think that by the time Brian arrived at Eskom with the promise of ending load shedding his most important discovery was that load shedding is the type of thing that had been manufactured by entities like Glencore through their immoral actions. Somehow Brian inherited this superhero complex where he needed to defeat Glasenberg at this game and also fix a national crisis. Whether his steps in executing such a mandate were appropriate is the philosophical dilemma that led us to this point. It is quite possible that Brian stepped into a vortex where the steps towards resolving this fiasco had been set in place long before he arrived. Unfortunately, he decided to assimilate with what he believed was the lesser evil and that is the realisation that brought him to tears today.
On the 11th of April, Tegeta realised that they were R600 million short. As a first step, they tried to find out if the banks would accept a deal without the R600 million. The banks said no. Then they asked Glencore for help. Glencore said no. Then Eskom stepped into the fray. On the night of the 11th of April, the Board Tender Committee of Eskom met and approved a R659 million ‘pre-payment’ at 9:00 pm. The pre-payment was apparently made to Tegeta in order to enable Optimum Coal to continue operating and revive its export contract. The problem here is that at that stage Tegeta did not own Optimum as the purchase had not been finalised. It is also odd that the Eskom Committee did not question why a payment for Optimum was going through Tegeta who had no legal relationship with Eskom at that stage. This is really Brian’s problem. Had the transfer gone straight to Optimum instead of Tegeta, Brian’s explanation would make sense. But this did not happen. Another reason advanced by Eskom is that the pre-payment was necessary in order to fix prices that might increase – this is simple nonsense. Eskom employs an entire treasury division whose core expertise is hedging. A contract of 3-months that requires them to pay R659 million simply does not exist.
On the 13th of April, Eskom paid Tegeta and suddenly, Tegeta had enough money to buy Optimum and the deal was closed. Earlier yesterday, Brian was clear that the pre-payment has been settled already – but that is not the point. Brian’s key weakness is that he cannot explain why the payment went to Tegeta if the intention was to assist Optimum. It also doesn’t help that the administrators of Optimum found out from Carte Blanche that Eskom approved a payment of R659 million on 11 April – and they never saw a single cent. This is the fundamental problem with Brian’s version of events.
It also does not help Brian’s argument that the Guptas found a way to say that the deal would only be feasible if all 3 entities were sold – and then betrayed Brian. Remember that the R659 million pre-payment was apparently meant to assist in the revival of the coal exports through RBCT? Well it turns out the Guptas then decided they were not interested in exports after all – and sold their RBCT right. The selling price – $250 million (R3.6 billion) which means that after all these transactions, the Guptas have a profit of R1,5 billion already. So, you can imagine being a Brian Molefe being parachuted right into the heart of this fiasco and having to pick one devil over another… What would you have done?
Brian remains one of the most arrogant human beings I have ever encountered – and there is nothing wrong with that. He also gets paid ridiculously well for the job he does – so he can definitely defend himself. My point of convergence with Brian is that I see him as an interesting exhibit of the Icarus complex. Such a complex exists when an individual’s spiritual ambition exceeds their given limits – leading to a backlash.
In Brian’s view, his quest to end load shedding at all costs was the driving ambition. Unfortunately, it was limited by the reality of the economic structure that Eskom was stuck with. Brian’s main error was in seeking to bypass such a problem by engaging the Gupta contract – and he will regret this forever. The thing about the Icarus complex is that you are allowed to fly high and soar as close to the sun as you can. And those who need you will cheer you on. But as soon as you get close to the sun and start burning, your support base evaporates and you take the fall on your own. South Africans were very happy that Brian ended load shedding. It is the true mechanics of how he did it that we are now uncomfortable with – and we are letting him burn. I understand this phenomenon very well – ask anyone who has ever heard of the FNB Building in Wits University. They will let you fly and soar as high as you can – for as long as it makes them look good. And then when they have to acknowledge the sacrifices you need to make in order to get there and make them look good – they let you burn, just like Icarus. This is life.
My issue with this entire exercise is just how clumsy the Guptas have been in facilitating all of this. You would think that the involvement of Glasenberg and Glencore would have been enough for them to understand how states are supposed to be captured, right? Dololo strategy!
In corporate life, there is nothing more delightful than any transaction that screws over a certain Ivan Glasenberg. Trust me – there isn’t.
The roots of the story date back to 1974 – when a certain Marc Rich came into international prominence. Marc Rich is the godfather of the international commodities business – and actually mastered state capture long before the Guptas landed in South Africa. His modus operandi included ignoring all sorts of international sanctions and selling oil to the apartheid government – at remarkably inflated prices. The good thing for him is that he had the National Party in his pocket – just like the Guptas have parts of this current administration. Being an orthodox Jew, Marc Rich captured a young South African Wits graduate – Ivan Glasenberg, and added him to his empire in 1983. At that stage, the National Party was in trouble with the rest of the world – so Marc Rich found a way to help them out. His main task was to embezzle oil from obscure places like that discredited regime of Iran and ship it to South Africa. In order to achieve this, a company called Minoil was set up as a front. Its role was to bypass all forms of sanctions and transparency in exchange for a profit.
In exile, Frene Ginwala was in charge of the ANC’s energy team which was responsible for promoting an international embargo on oil exports to South Africa. Her role was to convince international oil producers to stop supplying oil to South Africa. A key part of hitting the apartheid government using oil was the 1980 attack on Sasol – which was masterminded by Joe Slovo and a man called Jacob Zuma. In September 1983, the International Herald Tribune (New York Times) carried an article which first exposed the fact that Marc Rich was secretly selling oil to the apartheid government. On 1 October 1983, Frene Ginwala wrote a note to the ANC operatives exposing that Marc Rich and Minoil were infact in breach of the international oil embargo. Nothing appears to have been done about this revelation.
Having positioned himself as the only man who could provide oil to South Africa, Marc Rich then went deep. Over a 10-year period, he delivered oil worth $2 billion – and charged $24 billion – which was paid by the government. This $22 billion that was stolen from the South African government has never been recovered – even though Marc Rich’s companies still exist and operate in South Africa. Surprisingly, Glasenberg – who was a South African citizen working for Marc Rich claimed that he was unaware that there was an international oil embargo on South Africa and therefore saw nothing wrong with selling oil to the apartheid government. One of the individuals who dedicated herself to exposing the real crimes of Marc Rich and his company was Dulcie September who was an ANC operative based in Paris. As soon as her research got her close to the truth – she was assassinated in Paris in March 1988. Her killers have never been found. http://opensecrets.org.za/marc-rich-open-secret/
By the time apartheid reached its overdue demise, Marc Rich was wanted for his crimes in the USA and had exiled himself to Switzerland. The FBI had a price tag of $750 000 on his head. He then decided to rebrand himself and split his company into Trafigura and Glencore in 1993 – the year Eskom signed the Optimum Coal contract. In that split, Marc Rich kept Trafigura and Ivan Glasenberg headed Glencore. In 1994, things took a twist when Marc Rich was kicked out of Trafigura after squandering a zinc deal. Glencore took over Trafigura and then operated as an obscure private entity run by Glasenberg and his Rich boys (they really actually call themselves that).
In 2005, Glencore embarked on a mission of consolidating the coal supply chain in South Africa through a series of mergers. This included the acquisition of Optimum in 2008. 25 coal mergers were completed from 2005 to 2012 – 14 of them were classified as large mergers. Of the 14, Glencore was the party in 10 of them with Xstrata featuring in the rest. In 2011/12, Glencore initiated a merger with Xstrata which was run by Mick Davis, another South African.
That 2008 transaction with Optimum had left Glasenberg in control of 31% of South Africa’s coal exports. However, Glasenberg had much larger ambitions for capturing the coal supply of South Africa. The Xstrata merger itself would be the last step in a journey that started in 2005 and was designed to give Glencore absolute control of the South African coal market. Eskom was the only witness that objected to the merger. In its submissions to the Competition Commission, Eskom indicated that the Glencore strategy would destroy South Africa’s ability to generate electricity. And Eskom had real reasons for fighting this deal.
From the period of 2000 to 2012, something disturbing had happened in the South African coal market. The coal produced in South Africa is graded according to density. So we produce export grade coal and the local coal that Eskom uses. Historically, most of the exported coal went to European markets which require low-density coal and pay a premium (it is priced in dollars). The Asian markets on the other hand, use coal that is similar to the Eskom coal (local variety). Up until 2007, Europe was our chief export market (80%), Asia was at 15% and the rest of the world was the remainder. Because the main export market (Europe) needed coal that Eskom didn’t use anyway it meant that we had no problems finding coal for our power stations. Around 2007 however, the exports to Asia suddenly spiked and the exports to Europe fell dramatically. Our export point – the Richards Bay Coal Terminal, increased its capacity from 66 million tonnes per year to 91 million tonnes per year. The problem with that is that the Asians were using the local version of the coal – which is what Eskom needs to keep the lights on. But then the mines did not change their capacity to produce local coal and hence Eskom started competing with the Asian market – and predictably started running out of coal. Welcome to the 2008 load shedding crisis South Africa – thank you Glencore.
In reality the Glencore strategy had been to create an Asian market for Eskom’s coal which could be billed at international prices. In relation to Eskom itself, Glencore figured out that once the prices were increased to international standards, Eskom would have to pay anyway as they had no alternative sources for coal. By the time Glencore applied for the merger with Xstrata, the export balance had completely switched to Asia and hence the pricing was different and local coal was now scarce – even for Eskom. The more expensive it became for Eskom to get the coal in its own market, the higher the tariffs they passed on to you and I. Eskom then objected to the merger and listed their reasons. Extracts from the hearings in 2012 included the following comments by Eskom:-
“the merger will add considerable critical mass to Glencore’s production activities and
access to the RBCT, which will enhance Glencore’s ability to influence the market in a way that is
detrimental to Eskom.”
The possible negative consequences were listed as follows –
“[3.1] possible shortages in coal supply to Eskom occasioned by the transaction;
[3.2] a reduction in the quality of coal supplied to Eskom (with resultant detrimental
effects on the stability of Eskom’s generation equipment and the increased possibility of
unplanned outages and load shedding); and,
[3.3] a likely increase in the exporting of coal with the concomitant consequences for
domestic prices of coal to Eskom (in order to prevent increased coal exports, Eskom
would be required to match the economic return gained from exporting the relevant
quality of coal by subjecting itself to export parity pricing.)”
Unfortunately, the Competition Commission ignored Eskom’s pleas and the merger was approved – with disastrous consequences for South Africa.
The great thing about Glasenberg is that he is very comfortable with being unpopular, and betraying friends and enemies does not stress him too much. In the merger with Xstrata, he and Mick Davis were supposed to be equal partners; and they were – for a day or 2. As soon as the merger was finalised, Glasenberg booted out Mick Davis during the first week of the merger. Davis swallowed his pride and walked away – but never forgot. Glencore became one of the biggest companies in the world and Glasenberg was one of the richest men in the world – until 2015.
Mick Davis himself is friends with that other icon of leadership – Stephen Koseff of Investec. On 13 May 2015, Mick Davis and Stephen Koseff shared a stage at Investec in Sandton and addressed a forum of young entrepreneurs. Davis did not dwell on his exit from Glencore but rather on the appropriateness of business leaders commenting on politics. A month later, Glencore – as part of its strategy of getting Eskom to pay higher prices – then threatened to dismiss 380 employees from Optimum as part of the process of shutting down the mine. In response, the Minister of Mineral Resources – Ngoako Ramathlodi – suspended Glencore’s operating licence. And then the king of state capture himself – Glasenberg – called the Minister directly and essentially told him to fuck off. The Minister lifted the suspension within moments of Glasenberg’s call. Glencore then carried on trying to bully Eskom into paying higher prices. President Jacob Zuma fired Ramathlodi 6 weeks after this scandalous incident. This was in September 2015.
And then it all started falling apart for Glasenberg.
In the same week that Zwane was appointed, a blow struck at the heart of the Glasenberg empire. On a Monday morning in September 28th – 5 days after President Zuma’s appointment of Zwane – a bank in London published a note indicating that the Glencore business was in trouble. In true Glasenberg style, Glencore responded by saying the note was rubbish. But the market thought otherwise. Glencore lost 22% of its value in 1 day. Glasenberg himself lost $500 million – that is R7 billion – in that one day, and kept losing more money which eventually led him to agree to selling off Optimum Coal. The issuer of the note that started all the drama – Stephen Koseff’s Investec Bank…
And if that wasn’t enough – the Guptas decided to sell off their export licence to another company. Glencore essentially had one competitor after swallowing Xstrata. That competitor is called Vitol. 2 months ago, Tegeta sold this right that once belonged to Glasenberg to – you guessed it – Vitol. And they gave them a discount of R1,25 billion on the sale…
The curious thing about this state capture saga is that Thuli’s report did not unpack the entire journey of the Glencore story – which is sad. Given the fact that the report is so centred around the Eskom-Glencore-Gupta alliance, I honestly expected it to unpack the true mechanics of the transaction; but it only focuses on the small window of shenanigans. This report is due to be given a second phase – which must be welcomed.
It is in this second phase that we can actually ask a simple question of how we ever allowed Glasenberg to hijack our coal supply and give us the idea of load shedding – and we said nothing about it. This next phase should allow us to interrogate how we could be aware of Marc Rich stealing $22 billion through tainted oil deals with the National Party – and we then allowed his company to take over the country’s coal supply chain. This next phase should really consider how the banks and KPMG saw nothing wrong with all these shenanigans – until the colour of the capturer became darker. This report should allow Brian Molefe to finally tell his version of the story. How he found himself swept into the tornado of a story that was so much bigger than himself. How he found himself having to answer to the Saxonwold mafia only because the Swiss mafia were the bigger bullies. Brian has a fatal flaw – the initiation of the pre-payment to Tegeta. Beyond that, his is a tragic tale of the man who set out to fix a national crisis – and found himself captured by a crisis of conscience, the politics of patronage and the tragic hysteria of his own ambition. Marc Rich got lucky – Bill Clinton’s last act in office was to issue a presidential pardon to the scoundrel. It appears that Presidents have an awkward habit of getting involved with such characters – everywhere you go.
According to Fin24, the cost of load shedding in South Africa – at its peak – was R80 billion per month. Apparently, the cost of Shaun Abrahams losing his mind 3 weeks ago was R50 billion to the economy. Molefe staked his reputation on saving South Africa R80 billion per month – and lost so much more. It is indeed a melancholy truth - that even great men have poor relations.
Perhaps ours is a country so damaged we have resorted to finding the bottom of the barrel when it comes to finding leaders – and we need to fix this. Brian will pay the price – as he should. Whether we have the moral authority to determine such a price is a mystery to me. I simply do not know.
The Gupta saga is not just that they are corrupt and arrogant – it is a tragedy of how they sought out to topple the king of state capture – and did such a shockingly bad job of it all. Somebody please get them the Johann Rupert manual next time.

Thursday, 15 September 2016

About Zuma, that Venda bank, state capture – and the loss of consciousness

A interesting view by Khaya S Sithole, taken from his Facebook page

About Zuma, that Venda bank, state capture – and the loss of consciousness…
The second week in September reminds us of the death of Stephen Bantubonke Biko and the demise of Black Consciousness. This week marked the 39th anniversary of the assassination of Biko at the hands of the apartheid government. The most ironic element of this week is that the one individual whose consciousness of social and political dynamics borders on non-existent has created a new debate about black consciousness. Mr Jacob Zuma – the President of the Republic – has finally paid back the money in compliance with the Constitutional Court’s demand. But because the President has this wonderful gift of eliciting new dramas whatever he does – this was never going to be the end of the saga. In settling his R7,8 million bill, the President (presumably) approached the relatively obscure VBS Mutual Bank which – until this week – probably only 15 people had ever heard about. And that includes its 12 directors. I first encountered VBS in 2011 when I realised that one of my acquaintances was an executive at the institution. I was naturally intrigued by the bank and its history. And that’s where it ended. Until the President discovered the bank.
Central to the hysteria around the bank is the question of how a bank with a net profit of R4,9 million can advance a loan of R7,8 million (before initiation fees) to an individual post retirement age whose current employment contract is due to end in April 2019 – precisely 20 months into a 20-year bond. Then there is the question of affordability. It is a truth universally acknowledged that the President’s salary is around R240 000 per month and the National Credit Act – which Thabo Mbeki signed into law exactly 9 months after he fired Jacob Zuma – requires that the bank must conduct an affordability assessment before advancing any loan. As a benchmark, the monthly repayments on the loan should not exceed 30% of the loan applicant’s income. The fact that such an individual will be possibly unemployed soon is an additional condition to factor in. Because I’m a nice guy I am willing to concede that VBS Bank and its risk department did this assessment and concluded that the applicant will be able to service the loan. So the loan was approved – and the conditions are a matter between the President and the bank only so I shall venture no further in that regard.
Curiously the social network brigade is trying to figure out why the president bypassed all of the ‘acceptable’ banks and went for an unknown Venda bank whose greatest achievement so far appears to be the very brave colour scheme of its website (which has now become very famous obviously). The uncomfortable fact is that the PIC (an extension of the government) is a massive investor in VBS and advanced R300 million to the bank during the past year. In an ecosystem where the trust deficit between society and politicians is at its peak it is inevitable that there would be suspicions regarding this investment by the PIC. In addition to that, Bantu Holomisa (MP and reformed land grabber) has suggested that the rest of the undisclosed shareholding involves the chairperson of the ANC whose understanding of laws governing the country is the type of thing no one would invest in. The thing about discredited politicians however, is that they are famously incapable of prioritising research before firing allegations. And if you are the type of person that gets fired from the ANC by Nelson Mandela – your views Mr Holomisa are not exactly biblical in nature – so we shall discard them. For now…
The verdict that has therefore been delivered is that VBS is a random shell entity that knows nothing about banking and has been given taxpayers cash by a corrupt regime so they can help the President. In an age where the students are crying out for fees to fall, all such transactions are fuelling an already toxic mood around the country. And as expected, those great guardians of society – 702 and the financial press – have been in overdrive helping us all realise that this is yet another Zuma scandal that will consume our attention for months to come. I personally admire the ability of such guardians to ‘look out for us’ and save us from our own ignorance – long may they prosper. But I am troubled by the double standards at play here.
VBS Bank was founded in 1982 in an age when getting a licence for a black-owned bank in South Africa was a mission – it still is. They then focused their attention on providing financing for rural Limpopo communities; and this business model has been maintained ever since. The banking system in South Africa is currently dominated by 4 banks – Standard Bank; FirstRand; Nedbank and ABSA. These banks all have strange and confusing histories – none more bizarre than ABSA. Now for a start let’s all play a game. Let us pull a 702 face and assume that VBS has been bailed out by the PIC in yet another corruption scandal of the Zuma years, ok? Then let us assume that this is completely wrong and the PIC has been captured by the evil regime – ok? Then let us assume that the PIC has stolen taxpayer funds in order to facilitate this, ok so far? And then let us all agree that this scandal requires the intervention of John Robbie and the courts of public opinion – ok? So yeah, this is a shocking scandal and heads must roll. Somebody call the Public Protector. That’s point number one.
Now let us look at the alternatives. The president could have gone to ABSA and I am certain the loan application would have been declined. So he didn’t. ABSA would be justified in declining the application because ABSA and all the banks have to follow strict rules and regulations and everything that the Reserve Bank says. Good for ABSA. Now let us remember who ABSA is.
Back in 1918, the apartheid ancestors created a club called the Broederbond (think of it as an apartheid WhatsApp group). Part of the Broederbond’s mandate was to cultivate an economic and social climate for apartheid to thrive, and this included building banks, insurance companies and universities that would understand the Afrikaner mandate. Remember the National Party had 2 factions – the north made up of the Vaalies (Transvaal) and the southerners made up of the Cape faction. Such factions created cartels across the country that prohibited direct competition across themselves. In its glory days – the Broederbond economic structure created Sanlam in the Cape to focus on insurance – and Volkskas Bank located in the Vaal with the understanding that Sanlam would not go into banking and Volkskas would not go into insurance. Sanlam then funded Nasionale Pers (Naspers) to focus on the media capture in the Cape and the Transvaal faction had its own papers. The English had the mines through Cecil John Rhodes and Barney Barnato – so the Afrikaners commissioned Hendrik van der Bijl to move to the Vaal and create the industrial backbone of the apartheid state. He was the founding chairman of Eskom and created the Iron and Steel Corporation (Iscor) which recently agreed to pay R1,5 billion to the Competition Commission. (And yes – R1,5 billion is a special number to the National Party). Vanderbijlpark is named after him in honour of his genius. His protégé – the Stellenbosch-educated Etiene Rousseau – was given the mandate of starting up Sasol - which refused to make a profit so the state kept bailing it out. The sum of the bailouts to Sasol since its founding in 1950 are more than 3 times the bailouts granted to SAA and Dudu Myeni. Then it started going wrong.
Another prominent member of the Broederbond – Jan Marais – was tasked with opening up a new bank in the Cape that would focus on soliciting business outside of the Afrikaner network. The bank was named Trust Bank and made the silly mistake of allowing a certain Bill Mitchell to run the bank – and he messed it up. When Trust Bank went bankrupt the National Party decided that since Sanlam was not allowed to go into banking then Volkskas must bail out Trust Bank – and Volkskas refused and said the bank was a Cape problem and Sanlam should fix it. Sanlam then bought out Trust Bank, rebranded it as Bankorp and became a player in the banking market. In response – Volkskas then decided to go into insurance with the help of Anton Rupert – forming part of what we now call Momentum. In an attempt to punish Volkskas for the great betrayal, Sanlam decided that they wanted to move inland and destroy Volkskas and naturally instructed Naspers to lead the charge. Naspers moved into the Johannesburg territory and started the Beeld and Rapport newspapers which destroyed the Volkskas-backed newspapers until they were shut down. As part of the strategy, Sanlam’s new bank engaged in some risky lending and stole market share from Volkskas. Eventually, Volkskas gave up the fight and abandoned its ambitions to be a big bank.
Through these years, Bankorp was also struggling as a bank. Back in 1985, the Reserve Bank provided a ‘lifeboat’ (Dudu Myeni type of guarantee) of R300 million to Bankorp. 5 years later, the bank was in trouble again. But luckily for Bankorp, a guy named Chris Stals had been appointed as the governor of the Reserve Bank in 1989. Stals’ father had been a leader of the Broederbond and Chris was also a member. Chris invited Anton Rupert (Volkskas benefactor) to join the board of the Reserve Bank. Now the Reserve Bank is responsible for setting the rules for all the banks and treating them all equally. But because this is South Africa, Bankorp was ‘advised’ by Sanlam to request ‘assistance’ from the Reserve Bank. This was illegal. So in a carefully-structured transaction, Chris Stals used his discretion as the governor to advance R1.5 billion to Bankorp at an interest rate of 1% per annum. The only positive note from this is that the Reserve Bank actually consulted the Finance Minister in 1990 before transferring the R1.5 billion. Unfortunately, the Finance Minister at that time was Barend Jacobus du Plessis – whose brother (AS du Plessis) was a director of Sanlam (owners of Bankorp). Naturally the Finance Minister approved the transaction that bailed out his brother’s company. And just when it couldn’t get worse – the chairperson of Bankorp in 1990 responsible for signing off on this deal was Derek Keys – who then became the Finance Minister in 1992.
Bankorp took the R1,5 billion and split it into two. R1,1 billion was invested in government bonds that generated returns much higher than the 1% fee. And the R400 million? It was deposited with the same Reserve Bank that had provided the facility and the interest rate to be earned on the R400 million was a remarkable 16% per annum. Yes, the Reserve Bank borrowed Bankorp cash at 1% and then paid Bankorp 16% on the same funding that actually belonged to the Reserve Bank. Think about that for a moment.
The landscape shifted somewhat as soon as this deal was implemented in the winter of 1990. Volkskas and United Bank were merged and formed a new entity called ABSA. ABSA then bought Bankorp in 1992 and inherited the Reserve Bank deal and benefited from it until 23 October 1995. Chris Stals had been retained by the ANC as the governor of the Reserve Bank in 1994 and was confronted about why this deal was done. In his response – Stals stated that he had done the deal in order to save the banking system and to protect the rest of us (the Pravin defence). The net loss to the state from this transaction was over R15 billion which was made up of the benefit generated by Bankorp and ABSA plus the fact that they actually forgot to pay tax on the transaction (don’t ask whether SARS under Pravin tried to recover these taxes. Don’t ask). And Sanlam had an even greater benefit as they sold Bankorp to ABSA with the billions of the stolen money reflected as an asset – and the Finance Minister called Derek Keys approved the deal.
ABSA is one of the most profitable banks in South Africa and built its asset base through the theft of taxpayer funds. The problem with modern-day South Africa is that we now have Tito Mboweni and Trevor Manuel trying to save us all from state capture – the same finance Ministers who actually refused to force ABSA to pay back the money. Now imagine if VBS had been given the same lifeboat by the Reserve Bank in 1990. Would they be obscure today? VBS has committed to paying the PIC the R300 million it has borrowed. ABSA still has not paid the R300 million from 1985. And it still hasn’t repaid the R1,5 billion from 1990 because all our Finance Ministers keep forgetting to ask ABSA and Sanlam to pay back the money. In 2007, yet another report was commissioned by this government to look into the Sasol bailouts. The recommendation was that since Sasol had looted so much from the state in terms of bailouts, a once-off windfall tax amounting to all those billions should be paid to the state. Thabo Mbeki, Tito Mboweni and Trevor Manuel ignored that report.
Now just imagine if VBS had stolen just 10% of the funds looted by the Reserve Bank for the benefit of ABSA. Where would we be today?
Then there were the various role players in the saga. Danie Cronje was the CEO of Volkskas until it disappeared and then he took over as CEO of ABSA in 1993. When he quit as CEO in 1997, he became the chairperson of ABSA. Meanwhile, a certain Gill Marcus had been appointed as Trevor Manuel’s deputy in the finance ministry. In 1999, she left to join the Reserve Bank as Tito Mboweni’s Deputy when Chris Stals finally retired. Gill Marcus and Tito did not get along and she left in 2004 to work at Gibs and Western Areas (the Brett Kebble mining company). When Tito arrived at the Reserve Bank, he commissioned an inquiry into the Bankorp scandal and was advised to take action against ABSA and Sanlam to recover the recover the billions stolen through this saga. Thabo Mbeki, Trevor Manuel and Tito Mboweni forgot to adopt the commission’s recommendations. And no payment has ever been made. In 2007, Cronje retired as chairperson of ABSA and handed over to Gill Marcus with the approval of the finance Minister Trevor Manuel. At that stage, a certain Maria Ramos served on the board of Sanlam (old owners of Bankorp) and Remgro (owned by Johann Rupert – son of the benefactor of the Volkskas leg of the empire). In 2009, Gill Marcus appointed Maria Ramos – who is now Trevor Manuel’s wife – as the CEO of ABSA. 6 months later, Gill Marcus left ABSA and took over as the governor of the Reserve Bank replacing Tito Mboweni who then became the chairperson of AngloGold Ashanti – until he was replaced by – wait for it – Sipho Pityana.
So why does all of this matter? Well we need to have a frank conversation about these things. The greatest fear we have as a country these days is the looming ‘downgrade’ from which apparently only Pravin can save us. The ability of a country and a bank to borrow money is linked to its credit rating. A downgrade is a disaster that increases the cost of borrowing money so no one wants such a thing. The opposite of a downgrade is classification as ‘investment grade’. ABSA is rated as investment grade by all ratings agencies which allows them to borrow at low interest rates. VBS is not even rated by the 3 main ratings agencies and hence their cost of borrowing is much higher. SA banks can borrow money from the Reserve Bank. The Reserve Bank classifies banks into 3 categories – A1, A2 and A3. A1 banks get the best rates and A3 banks get the worst interest rates. ABSA is classified as A1. VBS is A3. Pension funds are only allowed to invest funds in entities that have been rated by the main ratings agencies. ABSA is rated investment-grade and all pension funds are allowed to invest in ABSA – and they do. No pension fund invests in VBS. Back when I was in banking, VISA had the world’s biggest IPO where all the banks that were part of the VISA payment system were rewarded with a financial windfall in 2007. ABSA benefitted; VBS did not. ABSA has 16% black ownership and 6% black management; VBS has 99% black ownership and 93% black management – but the government banks with ABSA. ABSA has an 80% black client base – and only 16% black ownership. VBS has 99% black ownership – black people call it the president’s corrupt piggy bank. Halala Gumede recently asked me why black people haven’t started their own bank yet – and I figured out that the Reserve Bank would never grant anyone a licence to open a black bank. You all claim to be the ‘woke’ generation. And yet the ability to believe in your own people doesn’t exist. So just before you call in to John Robbie’s show tomorrow to trash VBS Mutual Bank – please ask yourself where VBS would be if they had been allowed to steal billions from the Reserve Bank – just like ABSA. Then you can call in to 702. John Robbie and Eusebius will be waiting.
Yesterday I visited the offices of the Black Business Council in Rosebank where someone asked me what my views are regarding #FeesMustFall. So I stated that the government doesn’t need to struggle with raising the money to fund university education. The combined market capitalisation of ABSA and Sanlam at 5 pm yesterday was R251 billion. All the government needs to do is get Sanlam and ABSA to pay back the money stolen from the Reserve Bank. I can even volunteer to calculate the amount due using the interest rate of 15% (the difference between the 16% return to ABSA/Sanlam and the 1% charged by the Reserve Bank).
1985 loan – R300 million at 15% using simple interest for 31 years is R1,395 billion – and that is just the interest only with no compounding involved.
1990 loan – R1,5 billion at 15% for 26 years is yet another R5,85 billion – and that’s just the interest. The sum of the 2 interest payments is R7,245 BILLION. Then we can ask for the capital of R1,8 billion to be returned. And did I mention all the taxes and penalties SARS needs to charge on this transaction – backdated to 31 years ago? So Mr Blade Nzimande – I have found you a R9 billion solution without even trying. And I can accompany you to the ABSA building, I am available at very short notice.
And you modern-day fans of black consciousness thought VBS and its R7,8 million loan was a problem? In which planet?