#zamediafreedom
Here’s whats being said on twitter about South African media freedom and the ANC’s moves to “deter” the media.
http://search.twitter.com/search.atom?q=%23zamediafreedom
Here’s whats being said on twitter about South African media freedom and the ANC’s moves to “deter” the media.
http://search.twitter.com/search.atom?q=%23zamediafreedom
Please don’t let them take me to Mpumalanga.
There is mounting evidence that political pressure lay behind the arrest this week of Sunday Times journalist Mzilikazi wa Africa, despite furious denials from police top brass.
http://supportpublicbroadcasting.co.za/
SABC CRISIS DEEPENS – PARLIAMENT MUST INVESTIGATE, BOARD CHAIR MUST RESIGN OR BE REMOVED
6 AUGUST 2010
The SOS Campaign representing trade unions (including Cosatu, Fedusa and Bemawu), NGOs (including Media Monitoring Africa, the Freedom of Expression Institute and Misa-SA), CBOs, industry related bodies (including SASFED), academics and freedom of expression activists notes with dismay the seemingly endless governance problems at the SABC.
From media reports it appears that the Chair of the Board, Dr Ben Ngubane and the CEO, Mr. Solly Mokoetle are again involved in decisions that flout good corporate governance practices and procedures. It appears that the CEO, Mr Solly Mokoetle, without Board approval, has authorised additional bonuses to staff. These discretionary bonuses related to the World Cup are reportedly costing the public broadcaster R4.5m – and this at a time of great financial strain for the broadcaster. Further, there seems to be some controversy around whether these payments were in fact in lieu of overtime.
The interim Board of the SABC arranged a R1.47bn government guarantee in 2009 to pay back the SABC’s debts and further to assist with the implementation of a much needed turn-around strategy. The understanding from National Treasury was that the starting point was that all unnecessary spending would be strictly curtailed. So even if the CEO did not require specific Board approval for the World Cup bonuses, the wisdom of the decision must surely be questioned.
The Coalition believes that the ongoing crises at our public broadcaster have become so serious that urgent intervention from Parliament is, sadly, once again required.
We believe the following interventions should be undertaken by the Board:
1) First, the Board needs to pass a resolution of no-confidence in the Chair for non-compliance with Board procedures and decisions.
2) Second, the Board needs to pass a resolution to send a formal letter to the Speaker of Parliament requesting the National Assembly to initiate an enquiry into the alleged misconduct of the Chair with a view to removing him from the Board on the grounds of misconduct in terms of the sections 15, and 15A of the Broadcasting Act.If the Board is effectively paralysed and cannot act in the ways we suggest, then we call upon Parliament to act. Parliament must (as it is legally entitled, indeed required, to do in times of crisis involving the SABC) initiate its own enquiry into what appear to be serious violations of corporate governance processes involving the Chair of the SABC Board. If after due enquiry it is clear that such violations have taken place, then Parliament must act to remove the Chair. Parliament cannot afford to drag out these crises in the same way it did over the crises that plagued the previous SABC Board.
SOS notes that the Board has been in office for the last seven months and yet we have little to show for this. No new vision for the SABC appears to have been crafted and the much-talked-about turnaround strategy is still not forthcoming. Further, communication with the general public in terms of its numerous corporate governance breaches and crises has been grudgingly scarce. For the most part the public has been forced to rely on media leaks.
SOS reiterates once again the critical importance of the SABC fostering a culture of transparency and communication. As a public broadcaster, the SABC’s main stakeholder is the public. Hence the SABC needs to ensure that its decision-making and governance processes – and the details of the crises and how they are being handled – are effectively communicated to the nation.
Further, SOS is considering taking up the numerous corporate governance breaches with the Public Protector. It is critical to restore the credibility of the SABC and this may be one important way.
Finally, SOS notes the comments made in today’s Mail & Guardian newspaper that there are further crises around the appointment of the Head of News and that allegedly divisions have arisen in terms of the disciplining of the CEO, Solly Mokoetle. SOS believes that this further confirms the need for the proposals we have outlined above.
For more information please contact:
Kate Skinner – SOS Coordinator – 082-926-6404
William Bird – Executive Director Media Monitoring Africa – 082-887-1370
Siphiwe Segodi – Freedom of Expression Network – 072-655-4177
Matankana Mothapo – Spokesperson Communications Workers Union – 082-759-0900
Hannes du Buisson – President Broadcasting Electronic and Media Workers Union – 082-920-8669
Marc Schwinges – Communications SASFED – 083-901-2000
Ayesha Kadjee – Executive Director FXI – 083-500-7486
“It was noted that South African banks weathered the global financial crisis well, due to a strong regulatory environment and sound risk management practices.”
- Meeting between Minister of Finance and Bank CEO’s 31 May 2010
Small, medium and micro-enterprises (SMMEs) represent an important vehicle to address the challenges of job creation, economic growth and equity in South Africa. Around the world, one finds that SMMEs are playing a critical role in absorbing labour, penetrating new markets and expanding economies in creative and innovative ways.
The availability of finance is important for SMME business development. In South Africa the major banks have for years tried to limit their exposure to previously disadvantaged communities and SMME’s. The public relations spin, which is directed to us by the banks and their communications specialists, simply don’t live up to the spins promises. Banks say they are your “partners”; they are here to help with your “dreams” etc. to the point of nausea.
In my opinion, the apathy shown by the commercial banks towards the SMME sector is surprising, the banks talk a good talk about “development” and “empowerment” but have delivered very little in real terms to South Africans. Recently I interviewed a leading economic analyst to the government of South Africa, who pointed out to me the following perspective: “ there are two sides in South Africa; the banks and their interests and the rest of us”. Here is an excerpt from the Competitions Commission about the Banking Sector from their annual report 2008-2009:
Competition concerns in this sector arose from the fact that concentration was very high in almost all banking product categories with little evidence of rivalry between the four largest banks which accounted for 86% of total deposits and 99.7% of transactions through the payments system. Fees were also high and increasing rapidly with the incidence of costs falling particularly heavily on low-income customers and small businesses. There was also substantial public concern regarding the level of bank charges and other providers of payment services to consumers. The sector is of particular significance as more efficient and competitive financial services would reduce the cost of capital to SMME’s and all consumers. Lower bank charges and fees would also make banking services more affordable to low income earners
Read the National Treasuries: Facilitating the implementation of the Recommendations of the Banking Enquiry Panel report which is available at the National Treasury via this link http://bit.ly/9PQuz1
In researching this article it was very difficult to ascertain exactly what percentage of the major banks loan books are extended to SMME’s. Add to this the fact that the major banks coerce you as an SMME to enter into contracts which gives them all the protection whilst exposes you to all the risk and you start to see the banks for what they really are: profit at all costs.
A South African bank in 2010 is not your partner; it’s a line item for which you need to carefully budget every single month. The courts are filled with examples of what kind of partner’s banks are. You need to realize that when a bank evaluates your business idea what they are actually looking at is not the viability of the business, but whether or not your personal net worth will cover their loan, so that in the event of a recession, crime, malpractice on the part of the bank or even an act of God they will get their money back from you, even if it leaves your family destitute.
Here are some alternative sources of funding that you may want to try out first, before handing over your life to a major bank.
I find that the reason so many SMME’s don’t approach alternative funding partners is because:
I prefer alternative funders to the banks because:
The organization listed below in my view are the best alternative funding options that a South African SMME / entrepreneur from a working class or previously disadvantage background has:
| ID | Name | Website / Telephone | Details |
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Small Enterprise Development Agency (seda)
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Seda provides business development and support services for small enterprises through its national network in partnership with other role players in the small enterprise support. Seda also implements programmes targeted to business development in areas prioritised by the Government. |
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The SA Micro-Finance Apex Fund (Samaf) |
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SAMF is tasked to facilitate the provision of affordable access to finance by micro small and survivalist business for the purpose of growing their own income and asset base. The primary purpose of SAMF is to reduce poverty and unemployment and also to extend financial services to reach deeper and broader into the rural and peri-urban areas. Further to this, samaf wants to build a network of self-sufficient and sustainable micro-finance institutions. |
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Khula Enterprise Finance |
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The company is a wholesale finance institution which operates across the public and private sectors, through a network of channels to supply much-needed funding to small business. Khula’s channels include South Africa’s leading commercial banks, retail financial institutions, specialist funds and joint ventures. Its primary aim is to bridge the “funding gap” in the SME market not addressed by commercial financial institutions. |
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Umsobomvu Youth Fund |
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The fund is aimed particularly at young people. The fund not only offers access to finance (at various scales) but also offers access to business consulting skills, education programmes and much more. |
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National Empowerment Fund |
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The NEF’s role is to support BB-BEE. The NEF anticipates future funding and investment requirements to help Black individuals, communities and businesses achieve each element of the Codes of Good Practice. These include a focus on preferential procurement, broadening the reach of Black equity ownership, transformation in management and staff and preventing the dilution of Black shareholding. |
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Industrial Development Corporation |
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The IDC is a self financing national Development Finance Institution (DFI), whose primary objectives are to contribute to the generation of balanced, sustainable economic growth in Africa and to the economic empowerment of the South African population, thereby promotion the economic prosperity of all citizens. The IDC achieves this by promoting entrepreneurship through the building of competitive industries and enterprises based on sound business principles |
How should you go about engaging with these potential funders? Potential funders are an essential element to your business network. Businesses cannot survive in isolation, especially SMME businesses.
Consider the following diagram, it illustrates where the commercial banks fit in servicing the South African market. Identify where you fit and begin an engagement process with the institutions that are targeting you.
There is no secret formula for successfully approaching a funder. There is not guarantee you will get the financing you require. Your best chance of success with a funder is to firstly know your business and your environment; if you are a going concern you must have stable financial results and you should know how your potential funders would react to your business and its environment.
Your engagement process with funders should not start with the initial loan application. I would suggest following this elementary engagement process
Collate all your information: you will be asked by a funder to submit along with a business plan, financials and application forms, the following:
Pre-Application: Send out requests for information packs to the list of potential alternative funders. I would suggest learning as much as you can about the various funders and then selecting who to apply to:
Application: My best advice to you is to sit down with the funder (actually schedule time with someone) to walk you through the application process and the development of your business plan. This is one of the big differences between commercial banks and the alternate funding agencies; the agencies will assist you develop your business plan more than a commercial bank will.
Securing funding is no mystery. It’s just very difficult. If you speak frankly with knowledgeable account mangers in the lending game they will tell you, that ideally a SMME should start off with out any need for financing, financing can kill a good business idea. You really need to know what you need the money for and be disciplined to follow the application process and if you are lucky to secure the funding (by being pedantic about the detail) you need to be disciplined about how you spend that money, ensuring that you repay the funder.
Our post “Why be the first franchisee” has been published in Your Business magazine (Volume 15 No.1). Not a bad start to 2010.

This is the presentation delivered by Prof Haroon Bhorat at Parliament earlier this month (should have put it up earlier), he and his collegeaues used the 1995 and 2005 Income and Expenditure Survey reports to give an overview of inequality and poverty over the past ten years in South Africa.
Their research shows that:
The question raised by Minister Ebrahim Patel (Minister for Economic Development) was whether the country was seeing market outcomes based on economic activities over the last couple of years, regarding rising inequality, with state interventions that partially mitigated the effect on inequality.
This study when compared against the rest of the data coming out of government’s review of its performance shows us the magnitude of the challenge still facing the country.
This is the fourth article in our series on franchising (especially restaurant franchising). Best to familiarise yourself with our other articles which sets our tone.
Continuing on our series of articles on the franchise industry in South Africa, we want to look at the Consumer Protection act and what it’s impact is on the franchise industry?
The Consumer Protection Act is the second major development in favour of consumer protection in recent years. The first being the National credit Act which is designed to improve transparency; prohibit unfair contract terms and practices; and prohibit anti-competitive practices. The Consumer Protection Act is designed to protect consumers from exploitation and unfair practices by unscrupulous businesses, and to empower consumers to make wise purchasing decisions. Together these Acts entrench the protection of consumers as prescribed under the Constitution of the Republic of South Africa.
Under the act, franchisees are regarded as “consumers” and franchisors as “suppliers.” Franchisees are given a number of consumer rights, including the right to equality, privacy, choice, information, disclosure, fair and responsible marketing, honest dealing, fair agreements, fair value, good quality, safety, and supplier accountability. Franchisees are also protected against undue influence or pressure; unfair tactics; and false, misleading, or deceptive representations concerning material facts. This would also apply to the contracting arrangements between franchisor and franchisee.
Under the Act a franchise agreement is defined as an agreement where a franchisor grants to a franchisee for consideration a right to carry on business under a system or marketing plan substantially determined or controlled by the franchisor. In addition, the franchisee’s business is substantially or materially associated with advertising schemes or programs or with the trademarks of the franchisor, or any combination of these that are licensed to the franchises. The agreement must be in writing and signed by at least the franchisee. The Act allows for a cooling of period of 10 business days, wherein a franchisee may cancel a franchise agreement they have signed without incurring any cost
The right to full disclosure is entrenched in the Act. This is in recognition of the number of cases where franchisees had been devastated financially after investing their life savings into franchises that were sold to them on the premise that the franchises would be far more profitable than they ever actually would be. Under the act, franchisors will be required to disclose certain information to prospective franchisees, as provided in regulations to be promulgated by the Department of Trade and Industry.
Currently, franchisees in South Africa have limited protection against unfair practices by franchisors under that country’s Competition Act, particularly in relation to the tying or bundling of unrelated products by a dominant franchisor or when it comes to exclusive dealing. Complaints stemming from these activities are, however, difficult to prove, and the franchisor in question has to be dominant or have market share.
The Act has taken the foregoing prohibitions in South Africa’s Competition Act and applied them regardless of whether the franchisor is dominant. The new law prohibits bundling or tying of products by a franchisor, unless the franchisor can show either (i) that the bundling results in economic benefits for consumers or (ii) that the convenience of bundling outweighs any restriction on consumer choice. Alternatively, the bundled goods or services must be offered separately and at individual prices.
The Act guards the right to consumer choice by generally providing that franchisors must not require, as a supply condition or as a condition of entering into an agreement, that the franchisee purchase goods or services from the franchisor or from any other designated supplier. It is a valid defense to show that products or services that the franchisee was required to purchase are reasonably related to the branded products or services that are the subject of the franchise agreement. It remains to be seen how closely linked to the brand “reasonably related” will need to be to excuse such a requirement by a franchisor. As a result, many franchisors will no longer be able to be the sole supplier of goods and services to a franchisee, unless it can be shown that the products and services are “reasonably related” to the brand.
Franchisors should take care to ensure that products and services essential to the protection of their brand are explicitly listed in their franchise agreements, to reduce any later issues regarding interpretation. In other words, the Act suggests that franchise agreements provide for core and non-core products. Core products or services would be the primary, unique products related to the brand.
With regard to transitional provisions, it appears that the Act will not apply to pre-existing franchise agreements (or transactions) entered into before the general effective date, expected to be October 2010. However it will apply to renewals of contracts. The Act highlights a number of factors relating to fair and honest dealings and unfair unreasonable and unjust contract terms. The Act allows for the cancellation of contracts, whole or part should it be deemed to have contravened these principles as detailed in the Act.
The Act will have huge implications for the franchise industry. For while it has boomed has also become a place for corrupt, fly by night operations. The Franchise Association of South Africa has expressed concern with regard to the implication of the Act and the burden it will place on its members. This is a concerning position as the Act can only create credibility for the franchise industry by ensuring that it closes the gap for illegitimate franchisors to operate.
Surely this would be a benefit to FASA, to cleanse the industry of undesirable operators. Franchisors who lack the capacity for adequate, transparent contracting and operations shouldn’t be selling off franchises. Organisations like FASA shouldn’t be accepting these franchisors as members or providing a potential front for their operations.
This is the third article in our series on franchising (especially restaurant franchising). Best to familiarise yourself with our other articles which sets our tone.
Commercial banks are part of legitimate business. We trust them with our savings, we store our incomes in them, and we borrow money from them, all the time assuming that the transactions are legitimate and reasonable and regulated to some extent. We rely on them for every aspect of functioning of civilised life-homes, cars, business, school fees and personal events. We also expect that they will exercise reason in their interactions with us because their survival depends on the patronage of their clients. So their responses to us are based on good credit lending praFFrctices and when banks make errors in planning, governments are hard pressed not to finance their recovery with taxpayer’s money, as in the case of the US recently. Banks are essential to the stability of our economy; citizens and the banks share a common investment in our economic future.
But have banks gotten too big for us. Do they represent something untouchable? So when they repossess homes and cars in a panic about the money that is being lost like a waterfall without following the specified due processes outlined in those contracts is this acceptable under the circumstances or is this just a case of bullying. And what really is their responsibility as the credit provider?
In responding to this question I will share with you our own insightful experience with the banking environment recently, which has been the cause of much debate within our own inner circle.
We took out a loan to finance a franchised restaurant. After the bank evaluated our application they informed us that we were not disadvantaged enough to qualify for any form of BEE preferences (the words used were “not black enough”). This opinion of the banks was nether policy nor constitutionally justifiable. However, we were in love with the business idea, so we didn’t make a scene. We put up 40% of the financing required for the franchised restaurant we wished to buy. The bank confirmed that it had done a due diligence on the restaurant and the franchisor and was extremely happy with the results and would finance the deal.
In fact the franchisor was so highly credible to the bank, that the bank offered them great deals on banking and transacting facilities for their franchisees and they offered the group an approved financing facility for all new franchise restaurant setups. Since we knew what the obligations placed on the bank were by law to thoroughly assess any new deal we felt extremely confident in all the new “benefits” the bank was offering the franchisor.
So when the figures provided to us and the bank by the franchisor turned out to be deliberately exaggerated and show that a fraud was committed by the franchisor so as to ensnare us in the business deal the issue of what exactly is the responsibility of banks in this circumstances was raised by us. The answer apparently is that the banks have no obligation. The bank completed a FICA assessment of the franchisor; their results didn’t cry out any kind of foul – it should have. There was evidence of their foul practice’s aplenty, which at the time was outside of our sphere of access.
Now that the bank is aware that there was a fraud committed by the franchisor does it discontinue giving out loans to new franchisees wishing to purchase restaurants in the same group or does it blacklist the group? No of course it does not.
Granted our matter hasn’t been to trial yet, but we can supply details (irrefutable forensic evidence) to the banks legal department and they can make a judgment about the caliber of clients they want to maintain or their obligation to new investors. If the bank continues to give out loans to unsuspecting buyers wishing to take up opportunities within the same group, would the new franchisees be able to sue the bank for facilitating a fraud since the bank has knowledge that the franchisor is suspected of fraudulent behaviour?
At the very least the bank should consider suspending any new deals pending our case going to trial and being decided on, because should we win our case the franchisor may not be able to operate anymore and new franchisees would be placed at risk of defaulting on their loans, which is a risk to the banks bottom line.
At the very minimum this franchisor has committed FICA fraud? Should the bank not have called in SARS immediately? The bank leverages their risk on personal sureties signed by borrowers – the franchisees, so whatever happens with the business, the bank will get its money one way or the other. But should they? The National Credit Act outlaws irresponsible lending and by this it means that the banks assessment of whether a borrower is suitable for credit has to do with an assessment of the borrower’s ability to pay. If the borrowers ability to pay has everything to do with the business’s capacity to generate a certain profit, and the business was in fact never able to do that as the figures provided were a fake. Is the bank not responsible for irresponsible credit provision?
I’m not suggesting that the banks share responsibility for your business decisions or mine. You go to the bank for financing not buying into your idea. But they do have a role to play in not perpetuating a fraud when they know about it and they do have a job to ensure that there facilitation is not being used for money laundering or other such activities. The new Consumer protection Act certainly talks to the issue of facilitating fraud and specifies the right to have contracts cancelled in this case. What does that mean for a bank that knowingly provides financing to fraudulent franchisors. Can those loans be cancelled and they held responsible for the transaction?
On the cross side asking the banks to take more responsibility will be ensuring that loan facilities become even harder to access and you will pay for this risk in the repayments.
If you are hoping to see your banker as a partner in your business, best check out the development bankers, such as the Industrial Development Corporation or National Empowerment Fund. Since they accept a high percentage of risk they are better at evaluating the risk with you. If the business collapses they lose their cash too. So if you have to go after a franchisor that has defrauded you have a big partner on your side and you are out a considerably less amount of cash.
This is the second article in our series on franchising (especially restaurant franchising). Best to familiarise yourself with our first article which sets our tone.
In this article we look at the rare instance of being the first franchisee. In our move into the franchise game we were approached to be the first franchisee of a new concept of stores for an established restaurant chain – the chain we are currently suing. We turned down that deal these are some of our thoughts on being the “ground breaker”
Starting a business is a tall order for most people and even a scary prospect especially for non-entrepreneurs hence the preference of starting with a proven model where the concept, business plan, and operating system are already put together in a franchise package.
However every franchise system has a first franchisee. The groundbreakers or icebreakers if we may call them, are the people who risk it all in pursuit of success and financial excellence.
And as important as success is to the first franchisee, it’s even more important to the franchise company. Their future growth will depend to a great extent on the validation and results of the first franchisee.
These are just some points to consider regarding getting involved with a startup franchise outfit, or an outfit that are expanding into new untested markets.
The following are the pros and cons of being the first franchisee:
Pros
Disadvantages
Perhaps the best approach for expanding the franchise model is to open up these initial franchises as partnerships between franchisor and franchisee. This protects both interests. From a franchisor perspective they get to protect their investment and further expansion of a new model and for a franchisee, you get the support and investment needed to set up and test a new business concept.
The sharing of risk is the safest and fairest approach to expanding a franchise concept model.