Africa News blog

Is Zuma home and dry after Malema’s expulsion?

By Cosmas Butunyi

South Africa’s ruling African National Congress may have expelled the rubble-rousing youth league president, Julius Malema, but challenges still remain for President Jacob Zuma, who is seeking a second term in a race that he is considered the frontrunner.

Observers say that Malema, who is considered one of the most prominent members of the party to openly break from Zuma, still can be a thorn in his side even though he is permanently barred from party-related events. He may use his expulsion to sharpen his criticism against Zuma’s government.

Zakhele Ndlovu, a political analyst at the University of KwaZulu-Natal, says that while numerous predictions are being made of a possible Zuma victory in December, ‘anything can happen’ due to the changing balance of power in the party.

“People who sympathise with him could become influential and bring him back,” Zakhele told Reuters.

It is nearly impossible for Malema to return to the party before its electoral meeting at the end of the year. He would first need the approval of the ANC’s National Executive Committee, which is led by Zuma and stacked with his supporters. Even if he were to win over the NEC, Malema does not have the support of ANC delegates now to win reinstatement.

Turkcell’s dubious case against MTN

 By Alison Frankel NEW YORK (Reuters) – On February 28, during oral arguments at the U.S. Supreme Court in an Alien Tort Statute suit by a group of Nigerians who accused Shell of complicity in state-sponsored torture in their country, Justice Samuel Alito interrupted the Nigerians’ lawyer, Paul Hoffman of Schonbrun DeSimone Seplow Harris Hoffman & Harrison. “What business does a case like this have in the courts of the United States?” Alito said.

Enough justices agreed with Alito that days after the argument in the case, called Kiobel v. Royal Dutch Petroleum, the Supreme Court decided it was more interested in the extraterritorial application of the Alien Tort Statute than in the nominal issue in Kiobel, which concerned corporate liability under the ATS. In an extraordinary post-argument order, the justices called for additional briefing from both sides on the question of “whether and under what circumstances the Alien Tort Statute allows courts to recognize a cause of action for violations of the law occurring within the territory of a sovereign other than the United States.”

Whoever defends South Africa’s MTN Group in a new suit in federal court in Washington, is going to be very interested in the answer the Supreme Court eventually delivers to that question. In a 70-page complaint filed on March 28, the Turkish cellular services company Turkcell is asserting the Alien Tort Statute against MTN Group . According to Turkcell’s lawyers at Patton Boggs, MTN engaged in all sorts of corporate skullduggery, from bribery to peddling votes at the United Nations, to wrest away Turkcell’s contract to provide private mobile phone service in Iran. Turkcell said that MTN’s conduct is a “violation of the law of nations,” and has demanded $4.2 billion in damages.

The Turkish company’s allegations were explosive enough to have led to a 6 percent fall in MTN’s share price since the suit was filed . “MTN used its high-level political influence within the South African government to offer Iran the two most important items that the country could not obtain for itself: (1) support for the Iranian development of nuclear weapons; and (2) the procurement of high-tech defense equipment,” the complaint said. “MTN developed a scheme to trade these items — nuclear votes and illicitly procured arms — for (Turkcell’s)license. MTN furthered its scheme by bribing and trading in influence with government officials in both Iran and South Africa in exchange for the license…. MTN went so far as to create a code name for its corrupt scheme — ‘Project Snooker.’ Between February 2004 and November 2005, MTN Group worked feverishly to ‘snooker’ its business competitor through these corrupt arrangements.”

I have no idea of the merits of Turkcell’s assertions. But I don’t think Turkcell’s case has much chance of surviving as a cause of action in the U.S. courts, which are increasingly resistant to the idea that they’re an appropriate forum for disputes with little connection to this country.

Turkcell tries hard to make a case for U.S. jurisdiction. (In fact, I don’t think I’ve ever before seen such a strenuous venue argument in an opening complaint.) MTN, the suit said, is headquartered in South Africa, but its shares also trade as American Depository Receipts, and the company derives significant revenue from sales of phone cards and cell services to U.S. customers. Two of the company’s directors are U.S. residents, according to the complaint, which also said MTN has received financing from U.S. lenders and uses U.S. banks. Moreover, according to Turkcell, MTN allegedly breached a non-disclosure agreement it signed in Washington, in the course of settlement talks at the beginning of 2012.

Australia worse than Africa for mining? Yikes!: Clyde

By Clyde Russell The idea that Australia is a more dangerous place for mining investment than Mali might seem strange to most observers, but that’s exactly the view of the boss of the world’s third-biggest gold producer. Mark Cutifani, the chief executive officer of AngloGold Ashanti, said last week he was more concerned about government policies toward mining in Australia than about nationalism in Africa. On the face of it, this is an extraordinary comment that has gone largely unreported by both the Australian and international media. How can it possibly be that Australia, a stable Western democracy with rule of law, independent courts and a culture of vigorous debate, is a more risky place than countries like Mali, which had a military coup last month and is battling an insurgency by Tuareg separatists? Of course, it may be that Cutifani, an Australian-born mining engineer who has headed the Johannesburg-based company since October 2007, was ramping up the rhetoric to make a point when he talked to reporters on March 27 in Perth, capital of the resource-rich state of Western Australia. But this would appear to be at odds with his previous record of speaking sensibly about the gold-mining industry while remaining an advocate of the interests of his global company. The point Cutifani was probably trying to drive home is that the debate in Australia over its vast mineral resources appears to have veered off-track and descended into political point-scoring. “The politicians and we as industry leaders are missing each other,” the Australian Associated Press quoted him as saying. “Somehow, we’ve got to land this discussion and stop the class warfare-type conversations and turn the conversations into constructive dialogue about the future of the country and the industry.” To be fair, Cutifani has also lobbied against proposals for a resource rent tax in South Africa and moves to raise taxes in other African countries where AngloGold operates, such as Ghana and Mali. But for Australia, the background to his comments is an intensifying war of words between Wayne Swan, the treasurer in the Labor Party-led minority government, and mining magnates over the new Mineral Resource Rent Tax (MRRT) and the carbon tax. Both these taxes are due to start on July 1 and have raised the ire of many industries and the opposition Liberal Party.

The MRRT will impose a 30 percent levy on so-called super profits of large coal and iron ore, and doesn’t yet include other producers such as gold miners. The carbon tax will impose a price of A$23 on the emissions of the top 500 polluters, to be phased in, while reducing income taxes for poorer households in order to offset the expected increase in energy costs. The Labor Party, which has slumped in opinion polls partly over public disquiet over the new taxes and a broken promise not to introduce a carbon tax by Prime Minister Julia Gillard, appears to be following the tactic of stoking the politics of envy as a distraction method. Since the financial crisis that sparked the global recession in 2008 it has been easy for politicians to attack the rich and blame untrammeled greed for the economic carnage. In Australia, the target is billionaire mining barons and Swan attacked iron ore magnates Gina Rinehart and Andrew Forrest as well as coal developer Clive Palmer in an essay published last month. Interestingly enough, Swan didn’t attack BHP Billiton and Rio Tinto, the two global miners that led initial opposition to a stiffer resource tax that was watered down after Gillard deposed former prime minister Kevin Rudd in a party-room coup. Swan accused the billionaires of trying to use their wealth to “distort public policy,” apparently without any sense of irony, given that he was using his position as the second-most powerful politician in Australia to do the same. It seems to me that Australia would benefit from a more sensible debate on how to ensure the mineral wealth is developed in a way that rewards the owners of capital that take the risks of developing projects as well the overall economy and citizens in general. Debate in Australia appears to be driven by short-term political cycles, with federal elections every three years leading politicians to focus more on spin than sound policies. Is the MRRT the best design that could have been implemented? Will it raise sufficient revenue without leading to less investment, and will it help ensure the long-term viability of mining? Should the revenue it raises be used to fund a one percentage point cut in the company tax rate, as Labor proposes, or would it be better put toward building a sovereign wealth fund? These are all valid points for debate, but aren’t getting a hearing in Australia currently. Instead, as AngloGold’s Cutifani pointed out, there is an unedifying mud-slinging match that does little to enhance the reputations of either Swan or his targets.

100 years and going strong; But has the ANC-led government done enough for its people?

By Isaac Esipisu

Although the role of political parties in Africa has changed dramatically since the sweeping reintroduction of multi-party politics in the early 1990s, Africa’s political parties remain deficient in many ways, particularly their organizational capacity, programmatic profiles and inner-party democracy.

The third wave of democratization that hit the shores of Africa 20 years ago has undoubtedly produced mixed results as regards to the democratic quality of the over 48 countries south of the Sahara. However, one finding can hardly be denied: the role of political parties has evidently changed dramatically.

Notwithstanding few exceptions such as Eritrea , Swaziland and Somalia , in almost all sub-Saharan countries, governments legally allow multi-party politics. This is in stark contrast to the single-party regimes and military oligarchies that prevailed before 1990.

After years of marginalization during autocratic rule, many African political parties have regained their key role in democratic politics by mediating between politics and society. Multi-partyism paved the way for genuine parliamentary opposition and the strengthening of parliaments in decision-making. However, several shortcomings still remain: many African political parties suffer from low organizational capacity and a lack of internal democracy.

Dominated by individual leaders, often times lifelong chairpersons and “Big Men”, youth and women remain marginalized within party structures.

Was South Africa right to deny Dalai Lama a visa?

By Isaac Esipisu

Given that China is South Africa’s biggest trading partner and given the close relationship between Beijing and the ruling African National Congress, it didn’t come as a huge surprise that South Africa was in no hurry to issue a visa to the Dalai Lama.

Tibet’s spiritual leader will end up missing the 80th birthday party of Archbishop Desmond Tutu, a fellow Nobel peace prize winner. He said his application for a visa had not come through on time despite having been made to Pretoria several weeks earlier. (Although South Africa’s government said a visa hadn’t actually been denied, the Dalai Lama’s office said it appeared to find the prospect inconvenient). Desmond Tutu said the government’s action was a national disgrace and warned the President and ruling party that one day he will start praying for the defeat of the ANC government.

It’s the second time the Dalai Lama has been unable to honour an invitation to South Africa by Tutu after failing to make it to a meeting in 2010.

South Africa will certainly win more plaudits in Beijing, which last week agreed to $2.5 billion in investment projects with during a visit by South African Deputy President Kgalema Motlanthe.

But pro-Tibet activists say South Africa is undermining its credentials as a country of freedom and democracy, established after the end of white minority rule a generation ago.

Banking on Africa

Mining companies are looking more cautiously at South Africa after a brouhaha over  shady deals. Media and diplomats are nervous of measures they fear could curtail press freedom. South Africans in general are wondering how much damage an ongoing public sector strike will do and whether it is a sign of worse labour unrest to come.

But global banking giant HSBC certainly seems to be taking a positive long term view of Africa’s biggest economy with its talks to buy up to 70 percent of South Africa’s Nedbank in a deal that could be worth more than $8 billion.

HSBC wouldn’t only be getting a strong presence in South Africa, though.

It would be getting a solid foothold on a continent set to be among the world’s fastest growing in the years to come and where it is coming from behind against well-established emerging market rivals Standard Chartered and South Africa’s own Standard Bank.

Particularly important for HSBC would be helping its Asian customers do business in Africa. Although Nedbank does not by itself have the presence across Africa that some of its rivals do, it has an alliance with West Africa-based lender Ecobank spanning the continent.

It’s hard to tell to what extent a bid for Nedbank is a bet on South Africa and how much on the rest of Africa – South Africa’s top businesses are finding it increasingly important to be strong in the rest of the continent in any case. What can be in no doubt is the intensity of the looming competition among local and global banks across Africa.

from Photographers Blog:

No turning back as Africa’s hour arrives

The 2010 World Cup has been a memorable and momentous occasion not only for me, but for South Africa, the African continent and the rest of the world.

It has indeed been incredible. It has been a unifying factor, with people beginning to appreciate the importance of their national symbols such as flags.

As a photographer for an institution such as Reuters, one can say that I have been privileged to be a part of this historic occasion. It was indeed a privilege to be among hordes of international media covering the event. I was here during the Confederations Cup, but the feeling of covering the World Cup is enormous - it is part of history.

This has changed the perception of those who doubted that South Africa, or Africa as a whole, could stage such a magnificent tournament. Everywhere, people have been consumed by the World Cup. Cars have been decorated with flags, houses and shops - many with the South African flag.

Will bandages mend broken ties in the DRC?

The relations between First Quantum and the Democratic Republic of Congo have gone from bad to worse in recent months, after the country expropriated the miner’s $765 million Kolwezi copper tailings project in September.  

A recent court ruling in the DRC has also cast a cloud over the future of the company’s Frontier and Lonshi mines, located in the south of the country. The widely covered dispute has led the DRC to accuse First Quantum of running a smear campaign against the country, the feud nearly foiled the DRC’s efforts to secure a $8 billion debt relief deal from the World Bank.   

But in a rare conciliatory gesture First Quantum said it is responding to an aid request from the DRC, after a fuel tanker explosion killed at least 230 people and left nearly 200 injured in the Central African country. The company said it has obtained two tonnes of bandages, creams, painkillers and antibiotics from South Africa and is in the process of transporting the medical supplies to the DRC. 

First Quantum, which expects the shipment to reach the DRC on July 8, said it plans to coordinate its efforts with the United Nations mission in the region.  Can an airplane full of bandages help fix a multi-million dollar international dispute? Only time will tell.

Searching for it — not quite feeling it — in Polokwane

The soccer fan fest sounded like a wild party with the vuvuzela horns booming through the empty streets of Polokwane town, one of the smallest of 10 venues for the first World Cup on African soil.

Everyone must be there, we thought as there was little happening on a Saturday night in the northern South African town centre.

But on closer inspection the soccer fan fest — loud as it was — was also pretty deserted. Soccer fever had yet to reach Polokwane.

A sleepy town of just 500,000 people, it was hard to imagine Polokwane, which means place of safety, would host its first World Cup soccer match in less than 24 hours. In Johannesburg or Cape Town you could definitely “feel it”. Here we weren’t so sure.

Driving through the town’s eerily deserted streets searching for a restaurant where we could eat and watch the soccer, we discovered that was not an easy find. Even the local Nandos restaurant on the main street shut by 8 p.m.

It was also hard to imagine what long-term benefit the town would see from being a host city. While for the four matches to be played in Polokwane the few hotels on offer for tourists were full, otherwise there were plenty of rooms at the inn.

No team was staying there which would bring with it the adoring fans or news-hungry media and the associated business. Those playing were flown in for pre-match training, again the day of the match and ferried back straight after.

New Africa about much more than football

The first World Cup in Africa also highlights a dramatic change driven by forces more powerful than football.

While the competition may help change Africa’s image in the minds of any outsiders still fixated on cliches of bloodshed and famine, those in the know long ago spotted Africa’s emergence from no-go zone to frontier market and are seeing the returns.

If you had put $1,000 in Nigerian or Kenyan stock markets at the start of the year, you would have made a profit of around $150. If you had done the same with the U.S. benchmark S&P 500 index, you would be nursing a loss.

Global fund trackers EPFR reported a 40th consecutive week of inflows to African equity funds this week. India’s Bharti Airtel completed a $9 billion purchase of Zain’s African operations in another vote of confidence in the continent.

“It’s not to denigrate the World Cup for a moment, but it’s not what defines Africa in 2010. What should really be defining Africa is Zain buying Bharti’s assets,” said African affairs commentator Joel Kibazo.

“I think there is still a false image of Africa even in South Africa, never mind the rest of the world, about the rest of the continent. The fact is, it has really been getting ahead and there are more people with money to spend.”

Half of the world’s 10 fastest growing countries will be in Africa in 2011 according to the International Monetary Fund.