A very belated apology to George Bizos. George was our counsel in a joint inquest enquiry into the deaths of 45 miners in a coal dust explosion at Sasol’s Middelbult mine in the Secunda Regional Court. This was in the early 90’s on a hot midsummer afternoon.
It was day two of George’s cross examination of the mine manager. George was a lethal cross examiner, slow and methodical, he took nothing for granted. His questions were always short and simple. He was endlessly patient as he drilled down layer by layer for the truth.
The questioning had been going on for hours. I was seated just behind George who was standing at the bar, leaning on the lectern. His imposing bulk shielded me from the sight of the presiding magistrate and the assessors. I began to nod off in the stifling heat.
I was shaken awake by my own sudden, violent fart that reverberated through the somnolent court room, people bounced out of their chairs. I sunk lower in my seat to hide my shame. I glanced towards the packed public gallery, to man they were staring at George, their mouths agape.
George didn’t flinch, he didn’t look back at me with opprobrium, he continued as if nothing had happened, and so I escaped my disgrace. He assumed the burden of my shame.
George was a great lawyer and an even greater human being.
My belated but sincere apologies George.
• • •
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Good news for all scammers out there. There is a brilliant new opportunity for the enterprising.
Step 1. Get a lawyer friend to get himself appointed as a Small Claims Court Commissioner. The DOJ is none too fussy so it is easy.
Step 2. Set yourself up as a “legal consultant”.
Step 3. Find some clients. Anyone will do.
Step 4. Help them file a claim for up to R20 000 in the Small Claims Court
against someone else who can pay R20 000. It doesn’t matter who, or if the claim is bullshit.
Step 5. Set the date for hearing on a day when your Small Claims Court Commissioner mate is sitting.
Step 6. Remind your Commissioner friend to rule for your client.
Step 7. Get a writ of execution and collect your winnings.
I have an obscure matter in KZN, from what was once Griekwaland East. In 1902 sixteen African families clubbed together to buy the farm Krom Hoek from the estate of the Griekwa leader Adam Kok.
For decades these families recorded the passing of title to their heirs and in some instances to third parties at the deeds registry in Kokstad. Apartheid, taxes and the cost of property transfer put an end the that, and by the mid 70’s registration stopped.
The Land Titles Adjustment Act 111 of 1993 was passed to fix this. The Minister could designate farms like Krom Hoek, which she did, and then appoint a Commissioner to receive applications and adjudicate them and issue new title deeds to the present owners.
A politically connected developer is building another shopping mall in Marite near Bushbuckridge. She needs to move a whole bunch of people who have lived there forever to clear the land she needs. She hired the local chief to do the removals.
The Chief is Lamack Mokoena the chairperson of the Mpumalanga House of Traditional Leaders and the national president of the Congress of Traditional Leaders of South Africa (Contralesa).likely the most powerful chief in Mpumalanga.
The Chief allocates land and can take it away by having a community resolution passed approving the mall development and resolving that residents permits to occupy the land be taken from them. He had such a resolution passed.
Following a resettlement of a community by a large platinum mining company in Limpopo and as part of livelihoods restoration project, the resettled community became the BEE partner of a big contractor on the mine.
It has been incredibly successful, the community got jobs, a profit share to all the families and significant skills development. However the contract is coming to an end. The mining company then says that they will renew it but only if the contractor replaces the community…
with a new BEE partner of the company’s choosing. The nominated BEE partner is a trust headed by the local chief, a politically connected local attorney and a senior executive of the mining company concerned. They demand that the community sell their shares to the trust at a…
Our trade union client gets good information that Samancor Chrome is engaged in large scale transfer pricing. They sell chrome that they mine in SA to a related offshore company at a heavy discount to the market price. They do so to lower their profit in SA and their taxes.
This is bad news for the unions members who have shares in the company through a worker empowerment trust set up by the company as part of its BEE obligations. The trust gets a reduced dividend and workers get a smaller distribution.
The Union calls upon Samancor Ito Section 165 of the Companies Act to investigate the allegations and to recover the moneys lost through the transfer pricing scheme. Samancor appoints an audit firm to do the investigation.
This is how SANRAl moves rural people in Pondoland to make way for their grand vanity project, the N2 greenfields freeway along the Transkei Wild Coast. You know the one, it’s a toll road with the highest bridges in the world built and designed to facilitate dune strip mining.
But perhaps the first thing is to explain how they should move them. Because SANRAL uses foreign (Chinese) contractors and uses World Bank money it is obliged to subscribe to IFC social and environmental standards. These require that SANRAl prepare a RAP.
A Relocation Action Plan requires that SANRAl consider the social and economic consequences of its forced displacement on the people it plans to move. Where will they be moved to? The minimum housing standards that will apply, compensation and provision of alternative livelihoods