Admin
01 Oct, 2019
Vehicle financing: Holomisa asks Wesbank CEO some pointed questions
AN OPEN LETTER TO THE CHIEF EXECUTIVE OFFICER OF WESBANK, CHRIS DE KOCK Mr Chris de Kock Wesbank Chief Executive Officer Enterprise Road Fairland 2170 Dear Mr De Kock ALLEGED CORRUPTION IN MOTOR VEHICLE SALES: THIRTY MORE PEOPLE CONFIRM SEEMING FRAUDULENT TRANSACTIONS INVOLVING WESBANK FINANCING 1. Introduction Our meeting of the 10th of May 2018 regarding Mr Mzukisi Ndara’s complaint and subsequent correspondence refers. You will recall that I addressed an open letter to you in May last year that contained serious allegations of impropriety and possible fraudulent misconduct occasioned by officials that were acting on behalf of FirstRand Bank, trading as Wesbank. The vehicle sale deal that was concluded with Mr Ndara, on the face of it, carried fraudulent misrepresentations that have led to untold financial harm and prejudice to him and his family for fifteen years; this year. The letter I wrote to you was also posted on my social media platforms provoking a flurry of activity largely condemning the conduct of the bank. 2. Context You consequently invited Mr Ndara and I to a meeting to discuss this matter further. We met at Wesbank’s headquarters at Fairlands in Johannesburg. Apart from you absolving the bank of all responsibility, and partly blaming the dealership, you were unable to debunk the authenticity of what Mr Ndara contended. Instead, pursuant to him narrating what had transpired, during and post the conclusion of his vehicle sale deal you said that “if it is true what you are saying, and its accurate, then I must sympathise with you because you will have been done a grave injustice”. In order to eliminate in your statement, the suspensive condition “if” Mr Ndara took the trouble to furnish your legal officer, Mr McLellan, with the documents that relate to his matter, his utterances when he saw them, was “it is the first time I am seeing these documents”. This is yet another statement that begs the question: Does FirstRand bank value its reputation as a corporate citizen in this country and if so, why doesn’t it redress what are clearly gross violations of Mr Ndara’s constitutional rights? Sir, I have had to answer this question myself. Shocking as this may be, scary as this may sound, the balance of probabilities points to Wesbank having used this approach as its modus operandi to seemingly swindle a significant number of South Africans from their hard-earned money. It came as a shock to the system, when Mr Ndara told me that Mr Prishen Ramsamay and Mrs Cheryl Moosa contacted him to say that they had been trying to locate him since the time I had posted the first letter to you. There are now at least thirty other people who have been party to vehicle sales transactions borne out of alleged fraudulent misrepresentations; destroying many people’s lives in the process. All these seemingly fraudulent transactions that were initiated at the BMW Melrose Arch Dealership in Sandton were predictably all financed by Wesbank. The shocking details of some of these transactions are contained here below. This group of ordinary South Africans whose demographics constitute a rainbow nation, have come together under the banner “Crusaders for Justice” Stop Bank Corruption. 3. Legislative framework In my first letter to you, whilst I am by no means a legal eagle, I ventured an opinion that asserts that, on the face of it, you do not require intimate insights of jurisprudence to understand that a bank cannot approve finance for a new car and the customer receives and pays for a used vehicle, in order to discern fraud. Surely it is not that difficult. My opinion aside, the first reason that points to Wesbank having possibly gone rogue is simply the nature of the transactions they have concluded with the members of Crusaders for Justice. Some of these transactions have violated so many provisions of the National Credit Act of 2007 and its forerunner, the Credit Agreements Act of 1980. The National Credit Act (Act No. 34 of 2005) Section 90 is entitled: “Unlawful provisions of Credit Agreement” and it reads as follows; 90. (1) A credit agreement must not contain an unlawful provision’ (2) A provision of a credit agreement is unlawful if – (a) its general purpose or effect is to – (i) defeat the purposes or policies of this Act; (ii) deceive the consumer; or (iii) subject the consumer to fraudulent conduct; (b) it directly or indirectly purports to – (i) waive or deprive a consumer of a right set out in this Act; (ii) avoid a credit provider’s obligation or duty in terms of this Act (iii) set aside or override the effect of any provision of this Act (iv) authorise the credit provider to; (aa) do anything that is unlawful in terms of this Act; or (bb) fail to do anything that is required in terms of this Act; (e) it purports to make the agreement subject to a supplementary agreement, or sign a document, prohibited by section 91 (a) (g) it purports to exempt the credit provider from liability, or limit such liability for- (i) any act, omission or representation by a person acting on behalf of the credit provider. In summary, all these provisions refer to a credit provider, and in everyday language a credit provider referred to above is a bank. Banks in terms of the law must not violate any of the provisions above. Hence, we can boldly say, FirstRand Bank has seemingly broken the law in many instances and on many occasions. The Bank is not above the law. 4. What has the bank done? Wesbank’s modus operandi is as follows; at least according to the lived experiences of the members of Crusaders for Justice; • Most people were induced into these unlawful deals or contracts; the National Credit Act also deals with inducement as being unlawful. • There are seemingly fraudulent misrepresentations in most, if not all these deals, with the following examples: ? The dealership processed a car for finance as if it is brand-new and this is approved by the bank, yet the vehicle is used. The consumer is invoiced for a brand-new car, whilst the dealership agents and the bank are aware that there appears to be misrepresentation; in fact, there is alleged fraud (as in Mr Ndara’s case). ? There is a member of Crusaders for Justice, who was a first-time buyer but, in his contract, the bank purports that he traded in a vehicle and yet that is not the case (as in the case of Devy De Klerk). ? The most common of these alleged unlawful practices, we have come to learn, is what is called loading or adding onto the price of a vehicle, what is normally known as “extras”. An extra in a vehicle, is a material enhancement the customer requests of his/her own volition over and above the cost of the vehicle i.e. an additional item, at an additional cost. Extras under normal circumstances would be things like cruise control, bull bars, metallic paint, sunroofs, air-conditioning, boot spoilers, etc. The buyer would then be advised of the price of each of these extras so that he/she can make an informed decision on whether it was desired. Some members of the Crusaders for Justice had all manner of extras added on to their contracts without them even knowing that they were so-called extras. These include Group Life Insurance at R25,900 (M Ndara) and a digital braking system at a cost of virtually R60,000 (Cheryl Moosa). In some cases, some of the contracts were padded with these fictitious extras to an additional total amount of R150,000 per vehicle. ? The National Credit Act also refers to consumers being induced into signing supplementary agreements, as if these were obligatory. And, unwittingly through trust and naivety, people sign only to find they are being defrauded and further prejudiced. There are some that are paying instalments of R30,000 for having concluded car deals, in some cases up to R50,000 (Mr Siva Pather). Sir, I have taken the trouble to write to you again. As previously, giving you the benefit of doubt to say, you may not be aware, maybe Mr Ndara’s matter was an isolated incident. However, with these latest revelations, nothing can be left to chance. This needs to be probed as it now comes across as a deliberate and planned scheme to rob people who least suspect that a reputable bank is capable of such. 5. Do the banks know? I have in my possession a High Court judgement handed down on the 16th of May 2013 by the KwaZulu-Natal High Court, in Durban, Case No 2142/2009 in the matter between: FIRSTRAND BANK LIMITED t/a WESBANK as plaintiff and DUAL DISCOUNT WHOLESALERS CC as defendant. In a nutshell, Wesbank in this case took to court a dealership in Durban that had misrepresented the price of a vehicle, as a result of which Wesbank paid more than the value of the car and ended up charging a consumer through instalments more than what the car was worth. Simple and straightforward. When the consumer discontinued payments the bank repossessed the vehicle and, in that process, discovered that in this contract there was fraudulent misrepresentation regarding the price of the vehicle, so they invoked what is called a “master agreement” that regulates transactions between dealerships and banks. These master agreements ironically protect the consumer against such conduct. Needless to say, Wesbank was successful in this action and the dealership carried liability. What defies logic is the principles that underpin this case have not been applied to all these complaints lodged by this group of people. And this is clearly a precedent that demonstrates what should obtain and what steps should have been taken against all dealerships by the bank. 6. Conclusion In our meeting you harped on the fact that you have a judgement against Mr Ndara on case number 3180/2013 underway at the Grahamstown High Court, wherein on the 3 March 2015 Judge Elna Revelas upheld the bank’s Special Plea of Prescription against Mr Ndara’s application against the Bank. Further to that, the Bank obtained a judgement on the 18th of August 2015, dismissing Mr Ndara’s Application for Leave to Appeal Judge Revelas’ decision. A new team of lawyers for Mr Ndara discovered in May 2018 that the judgement the Bank had obtained in August of 2015 was sought through underhanded means, it was erroneously sought and granted in the absence of Mr Ndara’s legal team and without even a Notice of Set Down served on them. Invariably it was set aside by Judge Buyiswa Majiki in August of 2018. The Bank’s appeal of the same judgement was dismissed with costs on the 12th of March this year. Sir, with due respect, is all this necessary? What do we make of the sacrosanct corporate governance associated with the banks in this country which you purport to subscribe to? It is now an open secret that Mr Ndara’s saga is a drop in the ocean, as clearly there are many, many others whose documentation is in our possession. I am now appealing to the shareholders of FirstRand Bank to assist you to do what is right for the benefit of us all. Redress for all these people who have been done wrong is the first step in my view that is non-negotiable. I also call upon the South African public, political and leadership of all self-respecting organisations to call out First Rand Bank for these unlawful acts against ordinary citizens. The all-round condemnation of anyone who was involved in the VBS scandal is commendable. Corruption is corruption by any other name, so let us join the call for Wesbank to be held accountable and answer openly and honestly to these accusations. After all, Wesbank operates on a license granted by government, and is regulated like all other companies in this country. Mr De Kock, I shall eagerly await your response to this matter before we take it further. We look forward to your response. Mr Bantu Holomisa, MP UDM President
Admin
18 Sep, 2019
Violence against women and children, and crime in South Africa
Honourable Speaker, Mr President and Deputy President, Honourable Ministers and Deputy Ministers, Honourable Members. 1. Introduction The United Democratic Movement (UDM) commends the fact that Parliament is debating solutions to gender-based violence, child abuse, rampant crime in general, as well as lawlessness. We are here today in response to the brave women of this country who said: “No more!”. This House and the Executive must prioritize finding solutions, even if it means that we must reconsider budget allocations as the President has already indicated. 2. Safety and security: a constitutional mandate Everyone living in this country must, at all times, be protected and should feel safe in their homes and on our streets. For the Executive to act decisively and to make manifest the constitutional mandate of safety and security for the people, it might mean that our civil liberties could be affected. 3. Proposed SADC accord One other matter which I would like to raise is that of striking an accord between SADC countries to address security and home affairs issues. Cross-border crime, moving stolen vehicles and livestock, as well as the burning of trade-goods, should be a thing of the past. Our economies must be protected, for if one country is unstable, all are affected. 4. Xenophobia Regarding the recent xenophobic attacks, we condemn it in the strongest terms. I however wish to mention that South Africa is the only country that does not have refugee camps, with non-South Africans being integrated into our society since 1994. We indeed have people from the rest of the continent, Europe, America and the Far East who live peacefully, and prosper in South Africa. 5. Closing Mr President, if one looks at the vast amounts of money that is syphoned away through corruption, our obsolete military equipment, poor training and equipping of our security services and the criminal justice system, it is clear that we still have much work to do. I thank you.
Admin
18 Sep, 2019
University of Zululand : Vulnerability of Students
The United Democratic Movement notes with concern the vulnerability of students who resides in private accommodations that are not part of the university’s residences and it supports the initiative of students for embarking on a protest demonstration. The students opt to lodge or stay at private accommodation because the university is failing to provide with them adequate accommodation in its residences. They do not have a choice but for them to be near the campus, they have to look for accommodation where ever they can find refuge. In most cases, this scenario compromises their safety. What is more disturbing, these attacks to students by thugs have been going on for decades now, yet, the University has failed to come up with a lasting solution. Other than being attacked, students are being robbed of their belongings while attending lectures at day broad light. The UDM is of the view that the University must come closer to the owners of these properties which are being used by the students and form partnership with them which will among other things ensure that students are always in a safe environment. The University must take full responsibility of the safety of the students irrespective whether they stay inside or outside campus. One of the options that the university may be required to do, is to assess and check whether these properties are fit for habitation of the students. The Management of the University of Zululand cannot abdicate from its obligation of taking care of the welfare of the students. The UDM calls on Vice Chancellor Mrs Xoliswa Mtose to attend to this matter promptly. Parents are sending their children to school for a better future, only to return home heartbroken or dead. Issued By: Mr Bongani Msomi UDM Secretary General
Admin
10 Sep, 2019
Open Letter to President Ramaphosa: gender-based violence
Dear Mr President Recently, the country has been ravaged by news of gender based violence, women being abducted, raped and murdered. This is an everyday life for women in this country hence now we have the #AmInext movement, because honestly we are constantly stressing about who is going to be a victim of these atrocities ravaging our communities. The United Democratic Movement Women’s Organisation call on you Mr President, to speedily act on this, as women are under attack, the time for speeches and dialogues around these issues is over. We would like to see a government that implements change and not just talk about it. One of the things we would like to see is co-operation between the Departments or Ministries that fall under the cluster of peace and security. There seems to be no synergy and this is a contributing factor to the rise in violence in this country. If the SAPS manage to arrest the criminal; Justice will release him either on bail or on lack of evidence; if Justice sentence the criminal, Correctional Services will release him on parole. The UDEMWO call upon the government either amend the laws of this country as the law is currently favouring the criminals at the expense of the victims, or bring back the death penalty. Had it not been for Luyanda Botha, the late Uyinene Mrhwetyana’s murderer being released on parole from his previous convictions, the young girl would be still alive, pursuing her dreams. The question still remains, how did Luyanda end up working for a state owned enterprise with criminal records? Mr President, The Government continues to fail us! The Department of Women’s voice is not being heard, Minister Maite-Nkoana Mashabane is not vocal and not seen taking part in bringing about solution in the threatening situation, which is claiming lives of women especially in the past week. UDEMWO believes that when one tramples the other person’s rights, he must forfeit his rights. Enough with the lip service, Action must be taken NOW! Issued by Thandi Nontenja UDEMWO Secretary
Admin
03 Sep, 2019
Violence against women: Punishment of women abusers is a laughing stock
The United Democratic Movement Women’s Organization is disheartened by violence against women and children that is currently taking place throughout South Africa, Uyinene Mrwetyana a young girl who had a bright future was deprived an opportunity to achieve her goals and dreams, she didn’t just die, she was brutally murdered. Jeighandre Jegels a boxing champion from the Eastern Cape was also killed by her Police Officer boyfriend. A body of a young lady who was raped and murdered was discovered yesterday in a school premises at Kwa Mashu, north of Durban The UDEMWO calls on the African National Congress government to stop gambling with young women’s lives, just two years ago, we lost Karabo Mokoena and nothing was done, the government had to wait for next victims to act as if they care. In the case of Mrwetyana, it is alleged that the perpetrator has a criminal record, which takes us back to the call made by UDEMWO that government departments should work in a synergy. Early paroles dished out to criminals perpetuate criminal acts against women and children. On a daily basis women and children go missing, simply because they are not protected by the government. They are soft targets for the perpetrators. The state security agencies are to blame, they do not seem to have a plan to fight and curb the scourge. As much as some of these crime offenders face jail time, it seems this type of sentence do not act as a deterrent factor. The UDEMWO believe it is high time that a referendum is conducted to determine whether a death penalty should be brought back or our courts continue to meter out these sentences that are not effective. Women and children deserve better and the government must make it a point that they are protected twenty four hours a day where they are, in their homes or streets. The UDEMWO is calling upon the government and relevant departments to effectively prioritise the safety of women and children. The government MUST STOP this habit of quickly sending condolences to the families of the victims but must act fast and swiftly in apprehending and putting perpetrators behind bars. Ms Thandi Nontenja UDEMWO Secretary
Admin
28 Aug, 2019
UDM statement on the IFP’s newly elected leadership
The United Democratic Movement (UDM) would like to congratulate the Inkatha Freedom Party (IFP) on its successful National Elective Congress held from the 23rd to the 25th of August, 2019. It is heartening that this National Elective Congress was able to elect a new leadership without any issues. The UDM would like to also commend the retired Party President, Prince Mangosuthu Buthelezi for leading the Organisation for the past 44 years. He had to steady and steer the ship during hard times and the IFP became a force to be reckoned with under his leadership. His contribution to the politics of the Republic of South Africa, Africa and the world cannot be denied. The UDM also wishes the newly elected IFP President, Mr Velenkosini Hlabisa, and his executive the warmest congratulations. The Party offers the IFP President most sincere wishes for a successful term as the leader of a political party that has played a pivotal role in shaping the politics of the Country. We as an organisation take this opportunity to reaffirm our unequivocal commitment in strengthening democracy in our beloved country. In conclusion, the UDM looks forward to a cordial working relationship with the IFP in advancing our common objective of building our country into a Winning Nation.
Admin
23 Aug, 2019
Old SA flag: the Equality Court missed an opportunity
The United Democratic Movement (UDM) notes with concern the recent ruling by the Equality Court on the matter between The National Mandela Foundation Trust and with Afriforum NPC and others. The UDM is of the view that the relief sought and eventually acceded to by the Deputy Judge President of the High Court was very generous and too broad. The idea of allowing a flag which was used as a symbol of subjugation for the majority of the people of this country to continue to be used for genuine journalistic, academic or artistic purpose is problematic. This might be construed differently by other people, especially those that had the audacity to challenge the relief sought by the applicant in the matter. The issue might arise with regards to the interpretation of these instances, where this flag can perhaps be used, hence the arrogance we saw on Twitter from Afriforum’s leader Ernst Roets tweeting in promoting or popularizing the flag just after the decision had been made by the Equality Court. The UDM is of the firm belief that the flag with all the other symbols or traces of the colonial rule must be banned from the public view. Those that sort to display these symbols of apartheid ought to be punished in terms of the law. Apartheid is now a criminal offence in this country. The flag and other symbols of apartheid belong to the museums. They are to be used for history purposes and generations to come to see where we come from as a nation. The South African society must be strict and firm with democracy the country which was achieved through sacrifice by many and some paid with their own lives. The UDM has a strong view that these symbols of apartheid must not be tolerated as they can bring a negative impact on what has been done or achieved to realise social cohesion in our beloved country. Issued by: Mr Bongani Msomi UDM Secretary General
Admin
31 Aug, 2019
Reflection on the deployment of the SANDF in the Western Cape
The United Democratic Movement (UDM) is aware that it has been several weeks since the deployment of the soldiers in some of the gang war areas in the Western Cape and the sad part is that the killings or the number of people being killed brutally in the area has not gone down. This in a way compels one to perhaps reflect on whether deployment was bad idea or not and one can easily say it was, due to the fact that the ruthless killings are still happening and the number of people being murdered especially during the weekend keeps on going up despite the deployment. The UDM believes that the deployment was not a bad thing to be done, the error done was perhaps in how it was done. One of the questions that keeps coming up, around different areas is whether leaders in these different communities were consulted with regards to the deployment. This is a very important step in ensuring that the deployment is not in vain as these leaders know the ins and outs of their communities and therefore could assist in dealing with the different areas as the dynamics are not the same. Another issue is that different stakeholders must be involved in the fight against crime as the South African Police Services and South African National Defence Force (SANDF) cannot do such alone. A lot of investment ought to be made in research especially in understanding townships where the crime rate is very high. One of the contributing factors of crime in the townships is the contestation around resources and space. This now speaks to the fact that the Ministry of Police and of Defence cannot win the battle alone, there must also be a lot co-operation between the different government departments and also spheres of government such as the legislature, executive and the judiciary. These must keep one another accountable at all times to ensure better service delivery for the people as ‘service delivery’ is a contributing factor to the crime rates in the country. The South African Police Service (SAPS) should work conjointly with SANDF to make sure no stone is left unturned in curbing the high rate of violent crimes in Western Cape. In closing the deployment of the soldiers in the different areas in the Western Cape does not mean that SAPS is to abdicate from its duty to protect and defend vulnerable law-abiding citizens, police officers must continue performing their tasks. Mr Bongani Msomi UDM Secretary General
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