The Department of Trade and Industry (DTI) lamented the fact that some harboured the illusion that public procurement for localisation was a uniquely South African imperative. There was unfortunately a substantial resistance from importers of procured goods to complying with localisation conditions. Despite this, many local manufacturers were supportive and collaborated with entities entrusted with driving such programmes.
What made South Africa unique was that it had not, in fact, used the public procurement instrument adequately. The key to unlocking value and building manufacturing sectors and thus creating jobs, was coherent trade and economic policy across government so as to bolster employment and lower total logistical costs. The DTI considered industrial procurement to be a part of this, and saw it as system of interlocking policy instruments and programmes, which was widely used in other countries. This required systematic and incremental strengthening across the public sector, as well as support from the private sector.
The promotion of private sector support for local procurement fell under the scope of the Department of Economic Development. However, it was safe to say that support for local procurement was meagre. For example, the mining sector procured over R110 billion annually. Such large procurement expenditure represented a huge potential for localisation. This was not limited to procurement in the SA mining industry, but pertained to the retail and health sectors as well, and could make an important difference in support for local manufacturing.
National Treasury said a lack of buy-in and commitment was central to the challenge of localisation. The problem was more operational than legislative. SA did not seem to see the potential in supply chain management. There were other systemic problems, such as corruption, where supply chain managers who did the right thing in their jobs were not secure in their tenure. Over and above this, there was a slowness to adapt progressive technologies to deepen skills acquisition through online courses and implementing procurement systems that could increase productivity and effectiveness.
Treasury was reminded of the commitment made in the State of the Nation Address (SONA), which was to procure 75% of state expenditure locally. A Member suggested there was a need to move the programme of localisation to legislation, as this was the only way to enforce it.
The DTI told the Committee that successive Industrial Policy Action Plans had shown that escalating administered prices constituted a serious economic shock to the viability and competitiveness of SA's manufacturing sector, over and above external economic shocks such as the global economic recession. Some dangers were inevitable, such as the proposed 'carbon tax'. This could affect the manufacturing industry negatively, unless carefully calibrated policy interventions were developed. It was clear to the DTI that production needed to shift towards energy efficiency and greater competitiveness. Thus energy efficiency constituted an economic imperative as well an environmental one, as there was a need to live up to commitments made in multi-lateral forums.
The DTI, including the Minister, Dr Rob Davies, as well as the National Credit Regulator, briefed the Committee on consumer protection credit regulation. A review had been carried out by the DTI, which showed there were 70 pieces of existing legislation purporting to protect consumers against unfair lending. There was a concerted effort to streamline these measures – in the form of the Consumer Protection Act, the National Credit Act and the Competition Act – in order to strengthen consumer protection and allow for the disclosure of information. Issues of over-indebtedness and affordability assessment needed urgent attention. Research had shown that there was a significant trend toward reckless lending, a lack of rigorous affordability assessments, abuse of credit insurance, high cost of credit, judgements and garnishees, lack of education and awareness about credit, listing requirements and finally, much needed honesty and disclosure by credit providers and consumers. The DTI had published a new regulation of affordability assessments – with a closing date for comments on 1 August 2014. This regulation would include allowance for discretionary income, including the creation of a buffer amount, clarifying statutory deductions as well as the need to declare child maintenance.
Both the DTI and the NCR agreed that unsecured lending and unscrupulous lenders that targeted lower income households were a problem. The DTI emphasised that neither it nor the NCR were financial regulatory bodies, such as the Financial Services Board (FSB), but were mandated to regulate market behaviour with the express purpose of protecting consumers against unfair lending practices.
Members were largely satisfied with the work of regulatory bodies and appealed for greater consumer education and financial literacy programmes. Some expressed dissatisfaction with the action, or inaction, of the DTI and the NCR in particular, and felt that given the African Bank crisis and the numerous cases of reckless lending, government agencies had failed to protect consumers.
Mr Garth Strachan, Deputy Director General, Industrial Policy, DTI, said there were a number of key instruments that were fundamental to implementing localisation and procurement development. Those were, inter alia: the amended regulations of the Preferential Procurement Policy Framework Act (PPPFA) which allow public sector tenders to contain local content provisions; the Competitors' Supplier Development Programme (applicable to state-owned entities and companies); the National, Industrial Participation Programme (NIPP); provisions in renewable Import Parity Pricing (IPP) contracts and other public procurement in the renewable energy space; as well as the identification of further opportunities to secure localization with appropriate policies and institutional arrangements, including defence procurement.
There was unfortunately a substantial resistance to the designations from importers of procured goods in complying with localisation conditions. Despite this, many local manufacturers were supportive and collaborated with entities entrusted with driving such programmes.
The Competitive Supplier Development Programme (CSDP) was meant to leverage State Owned Companies' procurement for development and transformation. Investment in plant, skills and technology was imperative. CSDP was increasingly incorporated into the procurement frameworks and practices of Eskom and Transnet. Its main objectives and key performance indicators were industrialisation and empowerment, involving local content, technology transfers, skills development, investment in plants, small business participation, Broad-based Black Economic Empowerment (BBBEE) and job creation.
The National Industrial Participation Programme was an initiative launched in 1997 that sought to leverage government spending and thus promote investment, exports and technology transfers. It put conditions in place binding all procurement contracts above US$10 million so that suppliers invested in the domestic economy under the terms and guidelines provided. These measures needed to be put in practice, as non-compliance was a serious issue across government, SOEs and the public sphere.
Renewable energy independent power producers provided another opportunity to leverage procurement for industrialisation and localisation, with accompanying spill-over effects. Renewable energy fell under the ambit of the Department of Energy, but significant milestones had been achieved. Due to localisation targets set out, extensive capital investment had taken place and some 30 to 40% of local content had been achieved in the manufacture of renewable energy technologies.
Mr Strachan said South Africa now had strong capabilities in aerospace and land systems, as well as some in boat building, despite limited defence industry capabilities inherited from the apartheid regime. These needed to be used by defence procurement so as to create a 'spill-over' effect. Experience suggested that strong capability existed in components and systems integration. The A400M Airbus project illustrated that local manufacturers could be integrated into global supply chains.
The defence and aerospace industries required a 'joined up' strategic model to leverage procurement for building industrial capabilities. The 'Canada-first' leveraging defence procurement model was an example of how to build industrial capabilities from localised defence procurement.
The promotion of private sector support for local procurement fell under the scope of the Department of Economic Development. However, it was safe to say that support for local procurement was meagre. For example, the mining sector procured over R110 billion annually. Such large procurement expenditure represented a huge potential for localisation. This was not limited to procurement in the SA mining industry but pertained to retail and health sectors as well, and could make an important difference in support for local manufacturing.
There was an agreement in the DTI that it would support local manufacturers in the clothing, textile, footwear and leather goods sector, based on security of supply, a quick turn around for niche products, and fashion. However, there was a need for more focused "Proudly South African" (PSA) campaigns, such as the "Buy Back SA". PSA was nearing completion of a review which would feed back recommendations for a stronger focus.
There had been significant improvements over the life of successive Industrial Policy Action Plans (IPAPs), ramping up procurement levers to support local manufacturing. However, stronger policy coherence, improved legislative framework, and alignment across departments, spheres of government and entities, was needed. Efforts also needed to be made to secure private sector support for local manufacturing.
The Chairperson thanked Mr Strachan for his thorough overview of the procurement landscape and reminded the Committee that the South African private sector was governed by the World Trade Organisation (WTO). Despite this, it was good to recognise that the Committee had in the past appealed to the private sector to increase local procurement so as to grow the economy, and in particular manufacturing, and should continue to do so.
Dr Z Luyenge (ANC) reiterated the appeal for localisation, local procurement and the furthering of Black Economic Empowerment. He asked what the state of affairs of the nuclear energy projects in the Eastern Cape was, and if there was any opportunity for localisation. He expressed concern over the slippage in local government procurement, and asked if there was any remedial action that could be taken.
Mr D Macpherson (DA) said he thought it untrue that there was resistance to localisation and/or local procurement, as most of South African business was supportive of the idea. He disagreed with the not "splitting of contracts," asking if such an approach would not work towards ensuring different companies benefited from government business, as the problem was much more linked to certain companies receiving most government contracts. He welcomed the guidelines on procurement and localisation, but remarked that the most important aspect of such initiatives and frameworks was the spill-over effects, which had not taken place with the arms deal, for example.
Ms M Tsopo (ANC) asked the Department to elaborate on how best it could address the issue of compliance to localisation and the industrial procurement strategy, as there was the question of capacity. In addition, how would this be done across the spheres of government?
Adv A Alberts (FF+) remarked that the plans were great, but SA was limited by its human resource capacity, such as skills in critical areas like engineering. Furthermore, there was a question of skills transfer. Would SA benefit in terms of skills when renewable energy companies invested locally? He was similarly concerned about patents South Africa should have won and did not, as was the case with a South African-produced Zebra battery. The patent had been won by Ballard, a Canadian company.
Responding to Dr Z Luyenge (ANC), Mr Strachan said the nuclear bill did not fall under the DTI, but under the Departments of Energy and Public Enterprises. The DTI was responsible only for localisation. However, localisation in the nuclear 'island' was very difficult, as the expertise was concentrated in a few companies in the world. Arresting of corruption -- that is to say, slippage in government procurement -- was best left to National Treasury, as they awarded spheres of government their equitable share and prescribed preferential procurement.
Answering Mr McPherson, Mr Strachan argued that there was actually serious resistance to the use of procurement as a multi-pronged approach to addressing localisation. What was needed was policy coherence and convergence on procurement strategies and the goal of localisation. The splitting of contracts was problematic. When it came to economies of scale, splitting contracts affected profitability and would make sense only where it did not compromise local manufacture. With respect to guidelines on procurement and the intended spill-overs, he agreed that there was a need to specify detailed goals or expectations.
He said Adv Alberts was certainly correct to highlight the skills shortage in general, but the skills shortage in critical industries and the renewable energy sector were most concerning. However, he argued that South Africa had the potential to keep highly technical jobs in the country, as well as foster skills transfer. He made an example of a company called United Technologies, a South African firm which had been bought out by an American company and was scheduled to move to Poland. However, the Minster and the Department had intervened and managed to save about 300 jobs and keep them in South Africa.
Mr Kenneth Brown, Chief Procurement Officer at National Treasury, said that when it came to localisation and procurement, one should actually start by examining the clothes one wore. Were they manufactured in SA? South Africans needed an attitude change at a personal level and even more so at government level. He made an example of a conference he attended, where government supply chain practitioners/buyers admitted to not knowing the sector procurement designations. A lack of buy-in and commitment was therefore central to the challenge of localisation. The problem was more operational than legislative. SA did not seem to see the potential in supply chain management.
There were other systemic problems, such as corruption, where supply chain managers who did the right thing in their jobs were not secure in his or her tenure. This was an unfortunate reality. Over and above this, there was a slowness to adapt progressive technologies to deepen skills acquisition through online courses and implementing procurement systems that could increase productivity and effectiveness. Many benefits stood to be gained from using available technologies in planning education – the delivery of textbooks on a yearly basis was not working – and re-engineering processes to improve efficacy. Data management at department level was also an area in which progress needed to be made, and National Treasury was currently addressing this issue.
Mr Brown cautioned against unrealistic expectations, however. He said that a UK Department of Health official had advised him that the UK took seven years to re-engineer their procurement and supply processes. Similarly the KZN Department of Health, which had improved their procurement and supply processes, had achieved this over a five year period.
Mr Macpherson reverted back to the issue of local procurement and said that the question needed to be asked: why do local firms procure internationally, as opposed to domestically? The 'sweet to business' rationale necessitated that producers procured at the lowest possible cost and best quality. He made an example of Pakistan's textile industry that was export-dominated in terms of procurement and which had managed to move its procurement to the local market. He added that SA had a competitive advantage in terms of quick response times, and this should be exploited. However, a stumbling block was the need for smooth demand in state procurement, as well as the private sector.
Mr B Mkongi (ANC) questioned the extent of transformation in the supply chain management sphere and the capacity to procure locally. He said he would like to know how much progress had been made since 1994 and a demographic break-down of procurement officials across the country.
Mr F Shivambu (EFF) asked Mr Brown to speak to the commitment made in the State Of the Nation Address (SONA), which was to procure 75% of state expenditure locally. He felt that there was a need to move the programme of localisation to legislation, as this was the only way to enforce it.
Mr Strachan said he agreed with Mr Macpherson that quick response was a competitive advantage in the textile and niche fashion industry. However, quick response time was not a competitive advantage in the mining sector, for example. Another problem was that the Mining Charter, as it stood, did not contain any clause on localisation. Localisation was not sufficiently utilised.
He reiterated that there was a lack of localisation even in industries where SA companies were market leaders. This was best exemplified by the David Brown company in Ekurhuleni, which used to manufacture mining gears to a particular specification but now made its revenue from merely servicing mining gears manufactured in China – where the economies of scale existed.
South Africa therefore needed to drive a localisation program predicated on quick response times, quality assurance and after sales service. However, the challenge of improving these areas was a problem facing the private as well as the public sector.
Mr Strachan agreed with Mr Macpherson regarding smoothing demand. He said this was a challenge, and the best example of this was the renewable energy independent power producers. The sector experienced 'lumpy' demand, which made supplier development/growth a challenge, but securing smooth demand from the state's side was not easy. A solution, however, lay in developing export opportunities and export credit guarantees. SA was lagging in this regard. This was clearly seen with the 2010 Marco Polo bus project, where a South African company had received export guarantees - and procured at cheaper rates - from a foreign country, to import buses to South Africa for the World Cup.
The Chairperson interjected that the Committee had a report being drafted on the need to guarantee cheaper rates for producers. Therefore the best way forward was for the presenters to cover concerns raised by Committee Members.
On the lack of transformation, Mr Brown said that a website had been set up to track tenders and provide a greater degree of transparency. He had also engaged the Black Business Council and was receiving notifications of published tenders that were not awarded to B-BBEE compliant companies, or which were transformational in nature. He was investigating where qualified and compliant enterprises did not receive those tenders.
Responding to Mr Shivambu, he said that in the United States the buses used for public transport were identical for the most part, and were manufactured by the same company. In SA, the BRT system had been introduced in a fragmented way. Buses in different cities had been manufactured in different ways and by different suppliers. What was even more problematic was the inability of the SA procurement system to accurately and easily provide data on what was supplied by whom. A good example was the school furniture expenditure in the Eastern Cape, where procurement was not localised due to the fact that it had been an emergency intervention. SA spent close to R1 billion on school furniture annually, so this was a good area in which to implement preferred procurement strategies. He again cautioned that it was not an over-night process, and it would take some time to reach the 75% stipulated in the State of the Nation Address. Preparation and care were key when implementing preferential procurement and localisation initiatives.
The Chairperson touched on Mr Mkongi's question on what exactly had been achieved in terms of transformation since 1994, and asked him to repeat the question. She suggested that the answer be put to the Committee in writing by Mr Brown, to avoid unnecessary travel expenditure.
Mr Mkongi repeated that he was interested in seeing an overview or surveillance of the transformation trajectory from 1994 to date, in terms of supply chain management and procurement throughout the entire state.
Mr Brown said the Minister of Finance had agreed that on 1 October a public procurement review for SA would be published. This would answer the Committee's questions on the state of procurement in the country and what the strategies were going forward to deal with the issue of transformation in the supply chain. He asked if this would suffice, but said that given the comments of the Committee, he could provide a summary of the data and present it to the Committee.
The Chairperson said this would suffice, but requested that the document be made available before he appeared before the Committee. She then asked Mr Strachan to brief the Committee on the impact of administered prices on industrialisation, reminding Members that the issue of administered prices had been addressed in the fourth parliament, and would be carried over in the fifth.
Mr Strachan cautioned that the figures given in the presentation on the impact of administered prices on industrialisation were from 2012. The regulation of administered prices (electricity; port and freight rail and road, water tariffs) was neither a function or core competency of the DTI. However, successive Industrial Policy Action Plans had shown that escalating administered prices constituted a serious economic shock to the viability and competitiveness of SA's manufacturing sector, over and above external economic shocks such as the global economic recession. A caveat, however, was that reliable data was difficult to obtain in a complex regulatory and institutional environment. Some dangers were inevitable, such as the proposed 'carbon tax'. This could affect the manufacturing industry negatively, unless carefully calibrated policy interventions were developed. It was, nonetheless, clear to the DTI that production needed to shift towards energy efficiency and greater competitiveness. Thus energy efficiency constituted an economic imperative as well an environmental one, as there was a need to live up to commitments made in multi-lateral forums. All of this was reflected in DTI programmes and initiatives, such as the National Cleaner Production Centre and other incentives, like tax cuts and the Manufacturing Competitive Enhancement Programme (MCEP).
The Chairperson thanked the DDG for the presentation, and asked him to make the 2013 figures for administered prices available to the Committee as soon as possible.
Mr Mkongi asked why SA was unable to shift relative prices in favour of less carbon intensive sectors, in particular below import parity levels.
Adv Alberts said escalating electricity and other administered prices was a serious problem. He was aware that the Minister of Transport was in the process of establishing a super regulator that would deal with high port charges. This might be a good avenue for the DTI to use in terms of addressing total logistics costs in the country. A differentiated and well thought out carbon tax would have to be introduced so as to create jobs.
The Chairperson interjected, stating that the issue of a carbon tax was a separate issue, and would be addressed in future.
Ms M Tsopo (ANC) said it was imperative to get everyone into the same room to discuss electricity supply in the country, as this was critical to industry and citizens alike.
Mr Macpherson said that administered prices was definitely an issue the state could do something about. This was vital, as the exorbitant costs in electricity, port, road and rail logistics were harming business and needed a solution.
Dr Luyenge reiterated the need to address the electricity problem, as municipalities in some cases had arbitrary rates and performed poorly.
Mr Strachan, responding to Adv Alberts said that putting in place a transport regulator was not a solution, as there already was a ports regulator, which struggled to regulate tariffs. However, coherent, aligned, industrial and economic policy across government departments could effect desirable changes and bring down barriers to trade, as well as provide a developmental return. There was an alarming rate of light engineering companies shutting down in significant numbers, and unless something was done about this, job creation would not happen.
The Chairperson welcomed the Minister of Trade and Industry, Dr Rob Davies, the Deputy Director-General for Consumer and Corporate Regulation, Ms Zodwa Ntuli, and the Chief Executive Officer of the National Credit Regulator (NCR), Ms Nomsa Motshegare. She reminded Members that despite the Committee being briefed on the African Bank issue, it was in fact not responsible for prudential matters but was tasked with protecting consumers. She handed over to the Minister.
Dr Davies said the presentation on the African Bank matter would not be made by himself but by the DDG responsible for Consumer and Corporate regulation and the CEO of the NCR. He highlighted another issue, and said that there was a worrying trend by so-called 'intermediaries' who stood outside the Companies and Intellectual Property Commission (CIPC) offices, claiming to have contacts in the Commission with the promise of being able to fast track company registration applications. This matter was being investigated as there were possible links to individuals in the CIPC. This was not desirable and would not be tolerated. The setting up of a company was a seamless process that could be done electronically within 20 minutes.
Reverting back to the issue before the committee, the Minister explained that there were two types of regulators operating within the financial sector in terms of the "twin peaks" model. There was a prudential regulator. which sits in the banking division of the South African Reserve Bank (SARB) and was responsible for stability in the sector, and dealt with matters of the capital adequacy of banks, ratios etc. It reported to the SARB, the Minister of Finance as well as the Portfolio Committee on Finance. The other kind of regulators were market conduct regulators, and they were charged with protecting consumer rights . The NCR was one of those, but its jurisdiction went beyond financial operators, as many institutions extended credit and did not fall into the category of lender. The NCR was tasked with protecting consumers against reckless lending, and targeted lower-income lending that was scrupulous and unfair. Thus the NCR was not a financial stability regulator. Therefore, neither the NCR, nor the DTI, nor the Minister himself, had the mandate to deal with or to comment on any matters of financial stability regulation in general and/or particularly the matter of African Bank. The issue of the African Bank was a market sensitive matter in terms of credit ratings etc, and the DTI would not be commenting on prudential regulatory issues. The Minister said the presentations would focus on the work done by the NCR in dealing with transgressions by the African Bank and others, the amendments to the National Credit Act, as well as other measures that needed to be put in place to protect consumers.
Ms Ntuli, DDG for Consumer and Corporate Regulation, said that a review had been carried out by the DTI, which showed there were 70 pieces of existing legislation purporting to protect consumers against unfair lending. There was a concerted effort to streamline these measures – in the form of the Consumer Protection Act, the National Credit Act and the Competition Act – in order to strengthen consumer protection and allow for the disclosure of information. Such legislation was part of the general laws of application, but sector specific regulators did exist for the banking, energy and telecommunications industries.
Ms Ntuli emphasised the issues of over-indebtedness and affordability assessment, which needed urgent attention. Research had shown that there was a significant trend toward reckless lending, a lack of rigorous affordability assessments, abuse of credit insurance, high cost of credit, judgements and garnishees, lack of education and awareness about credit, listing requirements and finally, much needed honesty and disclosure by credit providers and consumers. The DTI had published a new regulation of affordability assessments – with a closing date for comments on 1 August 2014. This regulation would include allowance for discretionary income, including the creation of a buffer amount, clarifying statutory deductions as well as the need to declare child maintenance.
Ms Motshegare, CEO of the National Credit Regulator, said she would take the Committee through the work done by the NCR around the African Bank matter and highlight related matters the NCR had engaged in. In terms of ensuring that creditor providers complied with the relevant Acts, regulatory assessments had been carried out to try and prevent reckless lending. The Minister had spoken at length about the structure of financial regulation in South Africa, delineating the "twin peaks" model of prudential regulation and market conduct regulation. Prudential regulation dealt with the safety and stability in financial systems and banking, while the NCR regulated the consumer credit industry in South Africa from a consumer protection perspective.
She said that statistical data on consumer credit trends was published on a quarterly basis. This was information submitted by credit providers, which allowed the NCR to look at types of credit being granted to consumers and also assisted them in understanding broad trends and developments in the consumer credit industry as a whole.
Unsecured credit had been topical for some time and had reached its peak in December 2012. The NCR had raised the debate on unsecured credit in 2011, as it was worried about the implication this had for consumers, even though unsecured credit at the time constituted only 10% of the total book of R1.3 billion. The NCR was now looking at a total book value of R1.5 billion. This had been raised time and again by the NCR as the rise in unsecured credit had begun to swell. There had been a contraction in the market, and in terms of the prospectors' book, year on year unsecured credit had grown by only 5%. So there had been a slowdown. This was a welcome trend, as the NCR believed credit could be developmental in nature but should be extended responsibly to consumers. However, consumers needed to make sure that they borrowed responsibly.
In terms of reckless lending at the individual level, the NCR looked at whether the income that was disclosed was verified by the credit provider. Living expenses altered by consumers had to be verified. This was a loophole that had been plugged through the amendments. Credit bureaus should see a decline in their listings if credit providers were supervised in the provision of proper affordability assessments. This was a necessary intervention, as even though affordability assessments were done, some consumers did not fully understand what they were getting themselves involved in. Therefore, full disclosure of their obligations by credit consumers was very important. Credit providers needed to ensure that they did not end up with over-indebted consumers, and proper affordability assessments were key to ameliorating the unsecured lending situation.
Ms Motshegare indicated there were further remedies available. A court could set aside a credit agreement or suspend it. What the NCR normally did, in terms of referring reckless matters to the tribunal, was to designate them as prohibited conduct, as only the courts could pronounce on civil matters. Through the amendments, however, the National Consumer Tribunal was now able declare those loans "reckless loans". These were some of the tools at the disposal of the NCR, and they issued compliance notices to get credit providers to adjust their behaviour. It had also addressed the issue of credit bureau listings and rescission judgements, and the removal of individuals from such lists.
In terms of the African Bank matter, the NCR had received a number of complaints from consumers dating back to 2012. The NCR had investigated these complaints, and from the investigations, 669 loans had been found to be reckless. Most of these loans were found to have been entered into at the Dundee branch, while 48 other loans had come from 25 other branches. The net had been cast far and wide and the investigation had stretched across a number of branches. She emphasised this, to counter rumours that only one branch -- the Dundee branch – had been investigated.
Upon concluding the investigation, the NCR had consulted with the South African Reserve Bank as required by the Act, and informed the registrar on the outcomes of the investigation. African Bank had agreed that those loans were reckless and explained that the loan origination system that they were using had been manipulated by agents, in collaboration with consumers. The NCR did not accept the explanation and had referred the matter to the Tribunal, despite numerous attempts to negotiate and enter into a consent order with African Bank. African Bank had not agreed to this, and the NCR had thus been forced to notify the Reserve Bank.
African Bank had subsequently approached the NCR with a settlement agreement, which was agreed upon, and a fine of R20 million was paid by the bank. In arriving at the R20 million figure, the NCR had relied on section 151, which allowed the regulator to look at other sectors and use a benchmark to arrive at a reasonable figure, which had been done. The leniency shown in terms of the R20 million fine was in part due to the fact that African Bank had co-operated throughout the investigation, and it was their first offence. They had also agreed to remove the consumers' names from the credit bureau records, and to write off the loans.
The NCR had conducted a study on affordability assessment weaknesses in the industry and come to a number of conclusions. There was a lack of verification of income which applied across a number of credit providers, both banks and retailers. This included under-disclosure of living expenses by consumers in credit applications; no credit bureau reports; delays in granting credit after obtaining consumer credit reports; lending to the maximum of the consumer's available disposable income; and some loans were not recorded at credit bureaus. This information fed into the work that the DTI was doing, in terms of coming up with affordability assessment regulation.
Ms Motshegare took the Committee through the enforcement action taken around the issue of reckless lending. In 2012, the NCR had conducted raids on a number of credit providers, among them 16 credit providers in the Marikana area, and a number of contraventions had been uncovered. The NCR had subsequently referred the matter to the tribunal. This had led to some collaboration with the police at the time and had ended up with a number of credit providers being arrested. On revisiting the raided areas in 2014, it was found that those scrupulous credit providers who made use of illegal practices – such as the retention of ATM cards, pin codes and ID books of consumers – had ceased to make use of such methods. Some had even closed shop, while certain loans had been cancelled by the National Consumer Tribunal. In 2014, a similar raid had been carried out, this time in the Rustenburg area, where over 15 credit providers were picked up on contraventions.
The investigations conducted were part of the NCR's pro-active measures being undertaken. Over and above that, 13 compliance notices had been issued, including issues of unlawful easy credit advertising. Instances had been recorded where magazines allowed credit providers to advertise in the finance section of their magazines. That kind of advertising was not in accordance with the National Credit Act, and needed to be dealt with, so compliance notices had been issued and those magazines had since complied. Progress was being made. Eight matters had been referred to the tribunal, and others were in progress.
Ms Motshegare said the NCR Enforcement Act would guide their actions regarding the African Bank matter. The NCR was working with the World Bank in developing an "early warning system" for non-bank entities in the credit market. It had been receiving quarterly reports from credit providers, and was now going to insist on getting monthly reports so that unforeseen early market trends would become detectable. Furthermore, the National Credit Amendment Act would bolster the drive to curb unsecured lending. Also, the NCR was working on the capping of credit life insurance, as huge abuses in credit life insurance were becoming prevalent. Finalisation for that was under way, in consultation with the Financial Services Board (FSB) and the DTI.
Affordability audits would be conducted across different types of credit providers and would be tackled as soon as possible. The NCR would continue to work with credit providers to assist them with compliance assessment regulations, as well as with the Registrar of Banks and the FSB so as to ensure co-ordinated efforts in educating consumers on credit and in enforcing the various pieces of legislation.
Mr Mkongi acknowledged that great strides had been made in protecting consumers from unscrupulous lenders. However, he questioned affordability assessments and asked how far, for example, these were being carried out adequately in retailers such as furniture and clothing shops. Did the new regulation deal with this? He asked the NRC to follow up on their investigations into unethical reckless lending as the investigations were now two years old.
Dr Luyenge said that consumer education was very necessary. Had the fall of African Bank prompted the NCR to check other lenders, as well as the big four banks, as unsecured lending was not an issue to be taken lightly?
Mr C Mathale (ANC) commended the work of the DTI and the NCR, as unscrupulous lenders had been curbed. He asked if the NCR thought financial education could be incorporated into formal school education.
- Did the NCR also receive complaints from debt councillors or only from consumers?
- When did the NCR first become aware of reckless lending by African Bank and when did it begin investigating?
- Did the NCR ever investigate African Bank on their affordability assessments and ICT reports? Section 18 of the National Credit Act stipulated that the NCR should inform the Minister on worrying trends, therefore it was important to know if and when the NCR first informed the Minister. He further disagreed with the DDG of Consumer Regulation and that it was the job of the regulator to police credit providers.
Mr N Matiase (EFF ) said that the situation was indicative of how government, and the executive in particular, managed and protected the business of the owners of capital and the bourgeoisie to the point where the Minister of Trade and Industry was not at liberty to comment on how multi-lateral rating agencies ended up hurting consumers. He questioned the issue of rating agencies having cart blanche to negatively impact sovereign countries' markets. The SA banking system had been terribly undermined. The African Bank and reckless lending crisis was self made, and indicative of global capitalism in crisis. The issue of mine workers in the Marikana area should be highlighted, and those mine workers who were now debt ridden should be exempted and struck off the credit bureau listings. However, he did recognise the commendable work done by the NCR in the Marikana area, where it had tackled the issue of unscrupulous and reckless lending to vulnerable communities.
Adv Alberts said that many people used credit not to address an urgent need, but as a means to survive, and he therefore welcomed the early warning system regarding non-bank entities. The Committee, as well as the NCR, had been misled as the banks had appeared before the Committee last year and explained why they were lending to unreliable candidates, yet the problem seemed to persist. A good question was why banks were not lending to entrepreneurs or potential home owners. He concurred with those Members raising the issue of credit rating agencies.
Ms Tsopo said she commended the work of the DTI, as well as the NCR, as it was not the job of a regulator to police credit providers, and it could not do so.
Mr Rob Davies agreed that unsecured lending was a problem, but this needed to be balanced against transformation and developmental goals, as the poor needed to have access to credit. This would ideally be for developmental purposes, but not much of this was happening. He further took issue with the financialisation of the retail sector, as shops were beginning to try to make money not so much from the sale of clothes, but from the interest generated. Shops were increasingly extending credit, but did not fulfil any of the requirements or comply with regulation. The other problem was affordability assessments, which were non-existent. What was not possible was to have government agencies inspecting every transaction and all goods coming into the country. His directive to the NCR had been always to pursue their mandate, and not to be soft on their mandate. On the issue of public education, he reiterated that this was important work and should be linked with financial literacy. However, the crux of the matter was unequal power; where poor people had little choice in taking unfair loans.
Ms Motshegare said the new affordability assessments were key to addressing the unsecured lending trends. Financial literacy was another issue being looked at by the NCR.
Mr Lesiba Mashapa, NCR Company Secretary, responded to Mr Macpherson and said that the NCR would have to consider their answers carefully, as some things could not be disclosed in a forum open to the public. However, the NCR was willing to furnish the Committee with answers to some of their questions, and this should dispel the notion that the NCR was not monitoring credit providers.
Ms Ntuli said that the early warning system needed to include retailers, as there was a worrying trend which was being stimulated by certain marketing strategies. Another issue that needed to be looked at was the marketing strategies of credit providers which were unhelpful.
The Chairperson opened the floor for the last time and asked for remaining questions to be answered in writing.
Mr Macpherson complained that his questions had not been dealt with.
Adv Alberts said that it was bad for the SA economy when downgrades took place, such as was the case with the African Bank crisis. Therefore it was perhaps best if the Committee had oversight over micro lenders as well.
The Chairperson said that the African Bank crisis needed to be arrested before it became a contagion. It was, however, necessary to exercise caution and sensitivity around an issue that was actually a prudential matter. The issue of rating agencies unilaterally affecting countries was not unique to SA, and she made an example of how France had railed against the downgrading by one such rating agency.
In response to Mr Macpherson, the Chairperson said that her ruling was for his questions to be answered in writing by the NCR.


A recently created route that complements the traditional Number 2. It takes the route further to the Port, and the Hospital and Campus of Oza. If you take this bus towards the centre you will enjoy magnificent views of the Marina.


This book introduces selected recent findings on the analysis and control of dynamical behaviors for coupled reaction-diffusion neural networks. It presents novel research ideas and essential definitions concerning coupled reaction-diffusion neural networks, such as passivity, adaptive coupling, spatial diffusion coupling, and the relationship between synchronization and output strict passivity. Further, it gathers research results previously published in many flagship journals, presenting them in a unified form. As such, the book will be of interest to all university researchers and graduate students in Engineering and Mathematics who wish to study the dynamical behaviors of coupled reaction-diffusion neural networks.


Yogis love to talk about oneness. I know, because I'm one of those teachers who finishes every class with the reminder that "we are all the same inside." This is something I think we've mostly forgotten and spend our lives trying to forget in order to avoid feeling too much or too intensely.
For example, sometimes when I walk around the city, I can feel the weight of all that is possible: If we're all the same, then I could be that homeless person, that person with a disability, that person suffering nearby. Sometimes I need to forget this so I can live in the world. But how do we not shut ourselves down for the sake of self-preservation? Oneness can be freeing, but it can also be overwhelming, and full of conflict. Luckily, living in the world also means there is form and matter, separate molecules, me and you. Luckily, individualism is as real as oneness.
We are too complex for that. And thank goodness for it, too. Specificity allows us to make choices, to differentiate ourselves, to set healthy boundaries, to step out from the huge overwhelming mass and decide that we want this and not that.
To not see all the possibilities can be a blessing. Just like when people have an easier time making up their minds when they have limited choices, sometimes only seeing a sliver of the pie can help us focus and move forward.
We create boundaries to keep ourselves safe and that is good; that is how we survive without falling apart in the world. But the good part of writing is that we can explore within the boundaries of ourselves. We don't need to take drugs to become a chair or a dog or a robot. We can use our imagination. We pull it out from deep within ourselves. Because we are everything, we could be anything.
In writing, we expand outward and then draw back inward. It's important to bounce between oneness and loneliness, to pulsate. This pulsation is life's energy expressing itself as you in human form. In yogic terms, this pulsation is moving from the energy of Kali, the goddess who represents destruction but also limitless possibility, to the energy of Lakshmi, a more individual, specific form of abundance. We experience the dance of both forms in our lives all the time. Sometimes we need to be more open, to not turn away from seeing the big picture, and sometimes we need to get clear and specific, to remember that we are living and dying in this body as only ourselves.
I am reminded of this dynamic because last year at this time, I took an amazing course on yoga and writing. This framework offered me a practical tool for understanding my own life and cut right to the heart of my experience in a way I don't always find in courses, in person or otherwise. If you love yoga and writing, or even one or the other, I highly recommend Writing Your Practice with Susanna Harwood Rubin.


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After successful purchase please log in to the website and you will see Register button turn to User Options. In User Options select My Downloads to go to the download are of the website.


Mercury can build up in our systems for a number of reasons. Many of us have turned to fish to reduce our cholesterol and blood pressure because it's a good source of omega 3 fatty acids and protein. But eating fish too often, especially certain kinds of fish, can expose us to high levels of mercury and other heavy metals.
This happens when waters are polluted as a result of coal- and oil-fired power plants emitting high levels of mercury. Pollution and other chemicals in our lives can mean mercury and other heavy metals build up in our systems. Here's how to detoxify your system of mercury and heavy metal poisoning.
Certain fish are higher in mercury than others. According to the FDA, swordfish, shark, king mackerel, and tilefish are particularly high in mercury as are larger fish that are higher on the food chain. But if you're trying to detox your body of mercury and other heavy metals, you may want to consider giving up all seafood for a few months.
Drink 6-8 glasses of filtered water per day. I go to Whole Foods and fill containers with reverse osmosis water every week. Reverse osmosis water is filtered for heavy metals, endocrine disruptors, and other toxins that can cause heavy metal poisoning.
Oil pulling is one of my favorite detox rituals. It whitens your teeth and cleans heavy metals from your blood stream. Take a little less than a tablespoon of organic coconut oil and put it in your mouth. Start swishing--the goal is to keep swishing for about 20 minutes, which is the amount of time it takes to fully detox your mouth. Spit whatever you don't swallow in a trash can, because it can clog your plumbing.
4. Incorporate foods that are good for elimination.
Adding garlic to your diet is a good choice because it contains sulfur compounds, which bind to mercury and push it out of your system. Cilantro is also beneficial because it's loaded with vitamin A, which is important for detoxification.
The liver is the most important organ for detoxing the body, so ensuring its optimal function is key. Avoid alcohol and all unnecessary medications so that your liver can focus on other toxins in the body like mercury.


Ripencil: If You Look Closely You'll Find Regrets!
You are not the same person today than you were yesterday. Even if you spend your days giving it your all, if you look back at your life you'll find areas where you could of done better. You may even regret doing it the way you did.
At the time, it was the best that you could do. The perfect life doesn't exist. "A life of no regret" simply means that you shouldn't be focusing on what you did wrong other than to learn from it (Some constantly remind themselves how much of a "looser" they are).
Live, love, forgive and forget.


text:
И́горь Никола́евич Пана́рин (род. ) — российский политолог, радиоведущий, кандидат психологических наук, доктор политических наук, действительный член Академии военных наук. Член Научно-методического совета при Центральной избирательной комиссии Российской Федерации, член Экспертного совета комитета по делам СНГ Совета Федерации.

Биография

Окончил Орловское военное училище связи КГБ СССР (сегодня Академия ФСО России) и отделение психологии Военно-политической академии им. В. И. Ленина (с золотой медалью).

Начал свою карьеру в КГБ в 1976 году. После 1991 года работал в ФАПСИ (сфера деятельности — стратегический анализ и интеграция информационных потоков закрытой и открытой информации, управление информационными потоками в кризисных ситуациях, ситуационное моделирование глобальных процессов).

С 1999 по 2003 год работал начальником аналитического отдела Центральной избирательной комиссии Российской Федерации. С 2006 по 2007 год был пресс-секретарем Федерального космического агентства (Роскосмос).

В 1993 году защитил кандидатскую диссертацию по психологии на тему «Психологические факторы деятельности офицера в условиях нововведений». Учёная степень доктора политических наук присуждена диссертационным советом Российской академии государственной службы при Президенте Российской Федерации 7 мая 1997 года, тема диссертации — «Информационно-психологическое обеспечение национальной безопасности России».

9 сентября 1998 года на международной конференции в Линце (Австрия) впервые выступил с гипотезой о возможности распада США на 6 частей в 2010 году, продемонстрировав участникам конференции карту распада США.

В феврале 2005 года предложил реформу системы внешнеполитической пропаганды России, в качестве первых шагов которой — введение поста советника Президента России по вопросам внешнеполитической пропаганды и информационного противоборства и создание Государственной комиссии (или Совета) России по публичной дипломатии (в декабре 2008 года предложил также создание Комитета информационной безопасности России со службой информационной контрразведки помимо других внутри него). Предложил подчинение МИД России радиостанции «Голос России» и информационного агентства «РИА Новости» (в дальнейшем на основе созданной структуры, формирование внешнеполитического медиа-холдинга в составе МИД России) и создание неправительственных организаций России, действующих на территории стран СНГ, ЕС и США.

В январе 2006 года предложил создать Евразийскую Русь как межгосударственное образование по модели Европейского Союза на территории постсоветского пространства во главе с Государем (по Макиавелли), которое бы восстановило и усилило экономическую интеграцию, с постепенным присоединении к нему ряда балканских и других стран. Предложил В. В. Путина в качестве первого государя Евразийской Руси.

В феврале 2006 года впервые предложил создать в России нефтегазовую биржу, торгующую за рубли (23 сентября 2008 года открылась Санкт-Петербургская международная товарно-сырьевая биржа, а в марте 2009 года НК «Роснефть» продала на торгах 6,7 тысяч тонн нефтепродуктов за 97 млн рублей).

В январе 2009 года предложил создать пятистороннюю комиссию, экспертный механизм международного консультирования по выходу из мирового кризиса.

27 марта 2009 года Панарин принял участие в лекции Генерального секретаря ООН Пан Ги Муна, которая проходила в Большом особняке МИД России. После лекции Панарин высказал комментарий о необходимости введения новой мировой валюты АКЮРЕ (название придумано самим Панариным) на основе трёх ведущих мировых валют: АКЮ (Asian Monetary Unit — это условная (!) денежная единица, фактически, виртуальная корзина из более десяти валют, средневзвешенный курс которых условно (!) рассчитывается одним из исследовательских институтов в Японии, никакого решения «о создании денежной единицы» с таким названием никакими странами никогда не принималось), рубля и евро, а также обсуждения предложений России и Китая о новой мировой валюте на саммите «двадцатки» в Лондоне. По его мнению, именно согласованный 20 странами ввод АКЮРЕ позволит безболезненно перейти к новой модели мирового развития.

В апреле 2009 года предложил интеграцию Евразии как одно из средств преодоления мирового финансово-экономического кризиса, включая разработку Совместной Антикризисной программы ШОС и отказ от доллара во взаиморасчетах между странами-членами ШОС в пользу двухвалютной корзины (состоящей из двух валют — юаня и рубля) как новая валюта ШОС. Он предложил переход на взаиморасчеты трёх уровней: национальные валюты; рубль или юань; двухвалютная корзина (рублеюаневая), а также предложил странам ШОС внести совместное предложение о введении новой мировой валюты АКЮРЕ к следующей встрече 20 стран осенью 2009 года.

20 мая 2009 года начал вести свою авторскую еженедельную радио-программу «Мировая политика» на радиостанции «Голос России».

Участник ряда международных конференций и выставок (Австрия, Великобритания, Германия, Греция, Индия, Испания, США и др.). Принимал участие в новостных и аналитических программах на телевидении и радио.

Книги

Награды и премии
 Почётная грамота Президента Российской Федерации (7 апреля 2017) — за заслуги в укреплении мира, дружбы и сотрудничества между народами, большой вклад в развитие системы коллективной безопасности.

Примечания

Ссылки
 Youtube-канал «Профессор Игорь Панарин».
 Интервью Игоря Панарина на радиостанции  «Русская Служба Новостей»
 Все интервью И. Н. Панарина на радиостанции  «Эхо Москвы»
 Все интервью И. Н. Панарина на радиостанции  «Финам FM»
 Интервью И. Н. Панарина АиФ (В информационных войнах у России должен быть крепкий щит и острый меч)  АиФ
 Доклад в МГИМО 12 сентября 2011 года «Миссия России в евразийской интеграции. Идеология и практика»
 Первый выпуск ежемесячной программы «Мировая политика-ОДКБ». Гость -генеральный секретарь ОДКБ Николай Николаевич Бордюжа
 Видеоконференция «Евразийский союз — наш ответ западу» (11.10.2011)  КМ.ру
 Передача «Профилактика» на телеканале РОССИЯ. Гость программы Панарин И. Н. (11.10.2011)
 Передача «Утро России» на телеканале РОССИЯ. Западная цивилизация зашла в тупик. (24.08.2011)
 US breakup: Myth or reality? (27.10.2011)  Russia Today

Политологи России
Психологи России
Выпускники Военно-политической академии имени В. И. Ленина
Сотрудники КГБ СССР
Радиоведущие России
Исследователи Перестройки и распада СССР

redpajama_set_name: RedPajamaWikipedia


The Great National Central Hotel Tullamore is uniquely located in the heart of the midlands in Tullamore, County Offaly, where so many places are easily accessible by car and public transport.
See below for some of the most popular attractions to visit.
Original distilled brand of blended whiskey. Irish Whiskey Tours, Gifts Shop. 10 minutes from Great National Central Hotel Tullamore.
Finest gothic-style castle surrounded by forests. Ireland's most haunted castle. 10 minutes from our hotel.
Ireland's award-winning attraction – gardens, science centre, famous giant telescope and more. In Birr town, 35 mins from hotel.
One of Ireland's famous monastic site in Clonmacnoise, Shannonbridge. 45 minutes from our hotel.
Lots of fun outdoor activities - walking, cycling, bird watching, meet the fairies, nature, sculptures and more. 20 mins from hotel.
Ireland's spectacular loop walks between the counties of Laois and Offaly. 35 minutes from Great National Central Hotel Tullamore.
Exhibits former US President's Irish ancestry & more. At Junction 23, M7 in Moneygall, County Tipperary. 55 minutes from hotel.


text:
Departments J - Z
A watershed is a geographic area that drains to a common point. Rain and melting snow drain from the ridges and hills down to the lowest point in the watershed, typically where stormwater empties into a river, lake or stream or sinks down (infiltrates) into the ground.
Watersheds may also be referred to as drainage basins and may vary in size. Watersheds or drainage basins may be defined by a small stream, covering only a few square miles, or they may be defined by a major river, such as the Columbia River, covering thousands of square miles.
Watershed Activities
Activities in a watershed can affect the quantity of stormwater emptying out of it. If natural land is covered by buildings and parking lots, more water will be channeled toward the outlet than if the land is left in a natural state. Undeveloped land accepts more stormwater into the ground and natural land features may retain stormwater until it can evaporate back into the atmosphere.
What happens to the land can also affect the quality of water emptying out of a watershed. Stormwater can carry pollutants into water used for bathing, drinking, cooking or swimming. If pollutants reach a high level, the water may no longer be safe for general use.
Greater Spokane County Watersheds
Although there are many defined watersheds in greater Spokane County, the following watersheds are priority areas being focused on at this time.
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Illicit Discharge Hotline: 509/477-7525
Glenrose Watershed
North Spokane (Five Mile) Watershed
West Plains Watershed
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View Bids on Road, Bridge and Stormwater Construction Projects
Travel Impacts Map
Map of activities that may impact travel
View Public Works' Channel
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redpajama_set_name: RedPajamaCommonCrawl


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WELCOME to the City of Corona Veterans Memorial website.
The Corona Veterans Memorial is dedicated in honor and remembrance of all past, present, and future veterans of the United States military.
The Corona Veterans Memorial registry is provided as a public service to recognize our local heroes that have served in the United States Armed Forces.
The City does not verify and/or authenticate the information presented on this site and is not responsible for any misinformation listed here.


Sell used Waverly Grey online with up to 90% payouts at thredUP. Be it long sleeve silk top, or 3/4 sleeve top, or sleeveless silk top, we will find a new home for things you do not need anymore.
How much will I earn when selling my Waverly Grey clothes?


text:
TRC blasts govt over human trafficking
By Lesotho Times On Feb 17, 2021
Herbert Moyo
A LEADING local human rights body has slammed the government for its alleged failure to protect the human rights of ordinary citizens by decisively addressing the human trafficking concerns raised by the United States (US) government.
In a statement to the Lesotho Times last night, the Transformation Resource Centre (TRC) accused the government of paying lip service to the US government's concerns. It said the lack of seriousness in addressing the issue could affect human rights of Basotho and lead to the loss of economic opportunities which Lesotho had gained over the years from US development assistance programmes such as the multi-million-dollar Millennium Challenge Corporation (MCC).
It said the failure to deal with trafficking could also result in the US carrying out its threat to revoke Lesotho's eligibility for preferential trade benefits under the African Growth and Opportunity Act (AGOA).
The TRC's remarks come against the background of a warning three weeks ago by the US Ambassador to Lesotho, Rebecca Gonzales, that unless it addressed human trafficking concerns by 1 February 2021, Lesotho risked losing billions of maloti in funding under the MCC second compact as well as eligibility for AGOA on which the entire local textiles sector is anchored.
The AGOA law allows Lesotho to export textile products to the US duty-free, making them highly competitive. It was on the basis of AGOA that many Taiwanese and Chinese entrepreneurs came to Lesotho in the early 2000s to establish large textile factories that now employ about 45 000 Basotho. But those jobs are now at risk due to the government's failure to address the US government's concerns of official complicity in human trafficking. Without AGOA's duty free status, Lesotho's textile exports into the US cannot compete with those from well-established and competitive textile manufacturers like Vietnam, Bangladesh and China.
Ms Gonzales further warned that Lesotho also risked losing out on health funding under the US President's Emergency Plan for AIDS Relief (PEPFAR) which had helped the country make substantial strides in containing the deadly HIV/AIDS pandemic.
In addition, the country will also lose out vital security sector assistance programmes, such as police and military training events and exchanges, which are crucial to Lesotho's plans of implementing security sector reforms in line with the 2016 recommendations of the Southern African Development Community (SADC).
Lesotho was placed in Tier 3, the lowest ranking in the US State Department's Trafficking in Persons (TIP) Report for 2020.
Normally, a country in Tier 3 automatically loses all forms of US assistance but Ms Gonzales revealed that she had recommended a waiver of any punishment against Lesotho to enable Dr Majoro to act on the issue since he had only assumed office as recently as 20 May 2020.
Last month, Ms Gonzales said Lesotho had to take concrete actions to retain its eligibility for development assistance which included making substantive progress in its investigations of "credible allegations of official complicity in human trafficking, arresting suspects and prosecuting them in the courts of law".
Last week, Home Affairs Minister Motlalentoa Letsosa said the government had submitted its report to the US government detailing the measures it has taken to address the latter's concerns about alleged rampant human trafficking.
He however, refused to say what was contained in the government's response or whether it had done enough to address the US concerns.
However, the TRC feels there have not been any tangible investigations of suspected trafficking crimes particularly against high profile individuals.
"The TRC is concerned by the lack of seriousness on the part of the government of Lesotho to address issues of human trafficking," the TRC said in its statement.
"This is evidenced amongst others, by the lack of tangible investigations into alleged heinous crimes of human trafficking and constant polarisation of this sensitive human rights issue.
"The TRC is concerned that whenever a political figure is suspected of a crime, the issue is immediately presented as a fight among political parties seeking to tarnish each other's reputations and that way the matter is never actually investigated and prosecuted to its logical conclusion.
"The current concerns on human trafficking are not an exception. Politicians in Lesotho have the unfounded position that institutions supporting human rights and democracy such the police should not be used to scrutinise their conduct. This unfortunate perception is aimed at discouraging and frustrating state institutions' attempts to scrutinise and hold the executive accountable. The police, prosecution and judges must do their constitutional duties without any political interference," the TRC said.
The human rights body also castigated the government for refusing to make public its human trafficking report to the US government.
"The government of Lesotho's decision not to disclose its response to such heinous crimes flies in the face of principles of accountability and transparency. It is expected that the government should conduct its administrative functions in an open way without any unwarranted secrets so that the public can believe and trust that government is genuine and fair in conducting its affairs."
The TRC therefore urged both the Lesotho and US governments to disclose the contents of the report.
Ironically, Mr Letsosa is deputy leader of the Democratic Congress (DC) party whose senior officials have been accused of involvement in human trafficking activities.
Deputy Prime Minister Mathibeli Mokhothu leads the DC, the second biggest party in the governing coalition led by Prime Minister Moeketsi Majoro of the All Basotho Convention (ABC) party.
Messrs Letsosa and Mokhothu have both denied allegations implicating their party in trafficking activities. They have dismissed the allegations as the work of their detractors bent on tarnishing their image to scupper their chances of winning next year's crucial general elections.
Justice Tshosa to decide Metsing, Mochoboroane fate
AD promises "sparks" when parly reopens next week


A few before and after shots from a glamour shoot at our studio. Gone are the days of soft focus, cheesy backdrops, and heavy-handed vignetting. Modern portraiture has advanced and is really about enhancing the subject – not obliterating the person's natural self with techniques of yesteryear.
We aim to bring out the best of who you are. Our methods don't require that you can pose or have model looks. Great results come from being relaxed and comfortable and enjoying the experience. We have talented and friendly staff from our 2 photographers to our makeup artists who will guide you through the shoot.
The vast majority of our clients enjoy the process and really get a boost in confidence from the experience. That's aside from the finished, lightly retouched images that you'll be able to treasure as a keepsake memento for years to come.
I want a few shots for my new business website or to update a stuffy 'business' shot. Or even for a dating site (that's getting very popular).
I want to feel confident and capture who I am now for posterity.
I want to give a gift to my partner, husband or fiance.
We pride ourselves on being one of the leading NY glamour photographers.


Rail companies and authorities should meet to discuss services in the instance of adverse weather, a new inquiry has suggested in a raft of measures intended to avoid the chaos of last winter.
The report is the result of an evaluation of last week's crisis exercise involving around 30 firms and authorities engaged in the sector, including SJ and the Swedish Transport Administration (Trafikverket).
A staged scenario of winter weather and accidents was acted out and then all those involved in the "Spårsnö" (literally: track snow) exercise were could then account for measures taken.
Several points emerged from the evaluation. Among others it was suggested that rail operators should be invited to a meeting when meteorological agency, SMHI, issues a weather warning.
Further proposals included the installation of cameras to record film from problem areas and that waiting rooms should be kept open longer during delays.
The evaluation showed that there is a need for a coordinated programme of measures which details how all the involved parties have prepared themselves for the snow and cold. This was also a proposal included in a report submitted to the government on October 18th.
Pär-Erik Westin, who led the inquiry and too part in the exercise, considered that everyone is "on guard" for the winter.
"If we get a winter as harsh as last year then it will work better," he said.
The participants also suggested that a crisis exercise become a recurring feature of preparations for each winter.


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Repatriation To U.S. Of $18 Million Of Debtor's Money In Swiss Bank Accounts In Schwarzbaum
Jay Adkisson
I cover Wealth Preservation in its legal permutations
Jul 12, 2021, 11:29am EDT |
FBAR Non-FIling Comes With Significant Penalties
In U.S. v. Schwarzbaum, a U.S. Magistrate Judge for the Southern District of Florida considered and granted a motion by the United States to cause a U.S. citizen and resident of Florida, Isac Schwarzbaum, to repatriate to the United States from his Swiss bank accounts an amount in excess of $18 million.
According to the U.S.'s complaint, Schwarzbaum was born in Germany but later migrated to the U.S. and obtained his U.S. citizenship in 2000. After Schwarzbaum became a U.S. citizen, and from 2001 to 2009, Schwarzbaum received substantial monetary gifts from his father who lived in Switzerland. These gifts, and apparently some money that Schwarzbaum made from investments and a Costa Rica company called Bellagio, were deposited into Swiss bank accounts bearing various non-descriptive names, and which accounts were for the ultimate benefit of, were controlled by, Schwarzbaum.
Alas, Schwarzbaum did not timely file his Foreign Bank And Financial Account Report (FBAR) for his Swiss accounts, and the U.S. government sought the substantial penalties that goes along with such non-filing. After a five-day bench trial, the District Court concluded that Schwarzbaum's non-filing was not intentional, but it was reckless, and Schwarzbaum was ordered to pay to the U.S. an amount in excess of $12.5 million, plus interest and late penalties (which swelled that judgment to north of $18 million). Schwarzbaum then commenced his appeal of right to the U.S. Court of Appeals for the Eleventh Circuit, but did not post any appellate bond.
In the meantime, the U.S. sought an order causing Schwarzbaum to repatriate the $18 million to the United States so that it would be available for garnishment by the U.S. under the Federal Debt Collection Procedures Act ("FDCPA"), which governs the procedure for collecting judgments which the U.S. is a party. This resulted in the Report and Recommendation of the U.S. Magistrate Judge which I shall next relate.
The Magistrate Judge noted that while FDCPA allows for the garnishment of the debtor's assets to satisfy a judgment in favor of the U.S., that garnishment cannot extend outside of the United States to reach foreign assets, such as foreign bank accounts, because it has no jurisdiction over those foreign assets. There is, however, jurisdiction over the person of the debtor, and under the All Writs Act a U.S. court may order the debtor repatriate the assets back to the U.S. so that those assets would then be within the jurisdiction of the U.S. and subject to garnishment. Thus, the Magistrate Judge:
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"Mr. Schwarzbaum's primary argument against the Government's Motion is that his money is held in various Swiss bank accounts that are not within the Court's jurisdiction. However, this Court has the authority to order Mr. Schwarzbaum to repatriate his foreign assets by virtue of personal jurisdiction over him. So, it is not important whether or not Mr. Schwarzbaum's assets are within the Court's jurisdiction as long as Mr. Schwarzbaum himself is within the Court's jurisdiction. The Court has jurisdiction over Mr. Schwarzbaum. Thus, the Court can order him to repatriate his assets."
Schwarzman argued that because the assets were never in the U.S. in the first place, there could be no repatriation of the assets. This was a nakedly frivolous argument, for the reason that the term "repatriation" is not statutory to begin with and another term could be substituted to express the concept that foreign assets held by a debtor can be ordered to be brought to the U.S. ⸺ whether they were ever outside the U.S. or not ⸺ which is what a substantial body of case law supports in the FDCPA and other circumstances.
Another patently frivolous argument was that somehow Florida's homestead exemption should somehow apply to block the repatriation order, even though the U.S. was not seeking an interest in Schwarzman's Florida home.
But Schwarzman did have one argument which does pique interest, being that because the judgment here arises from the IRS's assessment from Schwarzman's non-filing of his FBAR, for the U.S. to attempt to collect on the judgment while it is on appeal amounts to a what is known in tax law as a jeopardy assessment. The U.S. Magistrate Judge dismissed this argument in a footnote to the effect that for Schwarzman to be able to make this particular argument, the case would first have to be remanded back to the IRS, and the U.S. District Court had already ruled against Schwarzman on that request.
In the end, the U.S. Magistrate Judge recommended to the U.S. District Court that the motion of the U.S. to cause Schwarzman to repatriate the $18 million to the U.S. be granted, and the next step will be for the U.S. District Court to consider that recommendation.
The most important thing to get out of this opinion is the concept of the court's continuing jurisdiction over the person of the judgment debtor and its ability to issue orders to the judgment debtor to make assets available to creditors, even if those assets are themselves outside the reach of the court's jurisdiction. Otherwise stated, your assets may be there but you are here ⸺ and if you have control of the assets there, then you can be quite properly ordered to bring those assets here.
This is exactly why simply having moneys in offshore accounts provides no asset protection to the owner of those accounts, unless of course you leave the country before the court is able to enforce its order. The courts have very frequently ordered debtors to jail when they didn't heed repatriation orders. For example, the currently-acknowledged holder of the longest time in prison for refusing to bring overseas bank assets back to the United States is H. Beatty Chadwick, who spent fourteen years in the pokey to keep his ex-wife from getting those funds.
Which brings up another issue, if hypothetically Schwarzman were to refuse to bring these funds back to the U.S., then in theory he would be held in contempt which would have one onerous consequence in addition to possible jail time, which is that he could be divested of his appeal under what is known as the fugitive disentitlement doctrine. This doctrine posits that a person who thwarts a court's orders (usually by fleeing, but also simply by contempt or fraudulent conduct) may be divested of their appellate rights.
In this case, if Schwarzman transferred his money onshore so that the U.S. could garnish it, but then one his appeal, the U.S. would have to disgorge the money back to Schwarzman. The upshot is that Schwarzman might be out some interest earned on the money in the interim (but also immunized against possible losses), but would at least get his money back. This is much different than with private creditors who might not so easily give the money back but instead attempt to erect their own walls to try to keep it.
Not being anything like a tax attorney, much less tax-controversy counsel which is its own specialty, the argument that what is going on here is basically a jeopardy assessment seems to have some appeal and perhaps should not have been addressed so lightly by the U.S. Magistrate Judge. As far as I can discern from the pleadings, Schwarzman appeared to have paid the necessary U.S. taxes on the moneys in these offshore accounts, but simply ran afoul of the FBAR reporting requirements, i.e., this does not appear to be a case where taxpayers were cheated out of bucks. In such a case, there is some appeal to the idea that a taxpayer should be given their appellate rights before the judgment is enforced against them, particularly where the fine for non-compliance seems grossly disproportional to the harm caused to taxpayers.
Now, I realize that folks not disclosing offshore accounts is a very big problem for the U.S. Treasury, and I have frequently written with some obvious joy when offshore tax evaders are caught and prosecuted. But there is a flip side, particularly for immigrants who are relatively new citizens to the U.S. and come from countries where stashing cash in Switzerland is some combination of legal, proper, and just how things are done. In such an event, non-compliance with the FBAR requirements should cause a spanking with a smaller paddle than, say, a long-time U.S. resident who moved funds offshore for the very purpose of evading taxes on the investment returns of those moneys and for whom I have utterly no sympathy. This seems to be one of those cases, and at the very least it seems that such persons situated as Schwarzman should have their technical violations more heavily scrutinized on appeal.
But, on the flip side of the flip side, you probably don't want folks to take their appeal and then vamoose the United States if they lose so that their fine does become utterly uncollectable. Seems there should be a balance struck somewhere in the middle, i.e., allow folks whose debt arises from only a technical reporting violation to put up some portion of the total amount owed in the form of an appellate bond pending the resolution of their appeal. Whether that requires the appellate court to use their equitable powers or it requires a statutory change by Congress, who knows, and at any rate I don't expect to see it happen anytime soon.
The final lesson of this opinion arises from the failure to file the FBAR in the first place, which is such failure can result in dramatic fines as here. Folks who believe in the sanctity of offshore secrecy are fundamentally making a very bad bet, because we see time after time after time that it really doesn't exist in any practical form. Somebody knows, and eventually all the facts seem to come out and ultimately land in the hands of the fiscal authorities. Hiding money offshore is just one of those horrendous ideas that should have been left in the waste can a long time ago, and yet it persists for various reasons, none of which are good.
U.S. v. Schwarzbaum, S.D.Fla. 18-CV-81147 (June 30, 2021). https://creditordebtor.com/a_cases/Schwarzbaum_Order_210630.pdf


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War of the Rebellion: Serial 018 Page 0520 OPERATIONS IN N. VA., W. VA., AND MD. Chapter XXIV.
two corporals and four privates of the Ira Harris [Fifth New York] Cavalry brought in. They had given themselves up and sold their horses and arms for $170 apiece in Confederate money. They were then paroled. Our scout was taken prisoner, brought up before General Robertson, and released on parole. He reached Gordonsville yesterday noon. He does not think the enemy intend going in this direction or Warrenton.
Meadow Bluff, July 29, 1862.
Yours of 28th just received. I have the honor to report 3 deserters came from Union to-day; they left there Sunday; they corroborate the rumor that the forces there intend making a general move very soon, but did not know where; think they intend going to lower end of the county. I think they have given up idea of attacking me since the Ninth joined; I will not take it for granted, however. What I meant by permission, was to attack them their headquarters, since skirmishing around their outposts only makes them worse. I have only about 200 effective cavalry and they have 800, and their horses are so much superior to ours, or I could have overtaken their raid from Summerville. They keep constantly shifting their forces, so I have to move on sudden information. I don't think their force in my front is as great as it was. I learn that a band of guerrillas is forming in Wyoming County to go over to Parkersburg.
Major-General Pope desires to know at what time you will have the railroad in running order from Warrenton Junction to Culpeper. Please answer at once. Upon this answer depends his orders for a movement.
BALTIMORE, MD., July 31, 1862-8.40 p.m.
There is an actual necessity of three regiments from Grafton to Clarksburg at this time. There is danger in that direction, coming from Staunton.
I have no regiments to spare.