Latest news with #Fick
The Citizen
an hour ago
- Business
- The Citizen
Outa guns for city boss over Usindiso building fire
"The JPC and Botes were responsible for the state of the Usindiso building." Organisation Undoing Tax Abuse (Outa) is seeking legal action to declare a former top City of Johannesburg official a delinquent director in order for her to account for the Usindiso building fire that claimed at least 76 lives. Delinquent director declaration sought against Helen Botes Outa executive director advocate Stefanie Fick has confirmed the papers were served on former City of Joburg Property Company (JPC) CEO Helen Botes last week. Fick said Outa wants Botes to be declared a delinquent director firstly and, most importantly, because of the Usindiso building fire, which killed at least 76 people. 'This action is based on the JPC's failure to manage its buildings, resulting in the deadly Usindiso building fire of 31 August, 2023,' she said. 'This is Outa's second delinquent director action, following the precedent-setting declaration of former SAA [South African Airways] chair Dudu Myeni as a delinquent director in May 2020.' ALSO READ: Usindiso's arson confession deemed admissible as evidence by the court City entities named as interested parties Fisk said JPC is named as the second defendant, and the City of Joburg (COJ) as the third defendant. JPC is a municipal entity wholly owned by the COJ. The JPC and COJ are cited as interested parties, as Botes is still listed by the Companies and Intellectual Property Commission (CIPC) as a JPC director and Outa does not seek any relief against them unless they oppose Outa's claim against Botes. Fick said Outa regards Botes as delinquent because she has been an executive director and the managing director or CEO of the JPC since 1 August, 2008, serving three consecutive terms. 'Her last contract expired on 1 September, 2024, but she appears to have continued in the role for a few months or in another senior role in the COJ,' she said. 'Botes was appointed as a JPC director on 1 August 2008 and, according to CIPC records on 14 August, is still a director. She is believed to be working in a senior capacity for the CoJ.' JPC's responsibility for city property portfolio The JPC was established in 2000, as a wholly owned subsidiary of the COJ to manage the city's property portfolio. 'Botes told the Khampepe commission that JPC manages 28 280 assets with a book value of R9.269 billion, including buildings, parks, cemeteries, nature reserves and bus terminals,' she said. Fick said the Usindiso building has been owned by the city since 1954 and managed by the JPC since it was established in 2000, 'thus the JPC and Botes were responsible for the state of the Usindiso building'. ALSO READ: 'Nothing will happen to them, no matter how many cases are opened': NPA receives docket on JPC boss Call for accountability and justice Fick said the reason Outa was waiting to declare Botes delinquent was also her role in the unlawful procurement of Covid-related services, where R18.6 million was allegedly spent on dodgy companies for JPC. 'Outa demands that Botes face immediate and decisive accountability,' she said. 'Public officials entrusted with life-and-death responsibilities cannot be allowed to walk away from catastrophes without consequences. 'We owe it to victims, their families, and citizens of South Africa to ensure those responsible are held accountable, and that such a disaster never happens again.' READ NEXT: VIDEO: 'Nothing effective is happening' – DA leaders visit Usindiso building in Joburg
The Citizen
07-08-2025
- Business
- The Citizen
These ships have finally sailed – bye Karpowership!
South Africa is now finally free of the 20 year, R200 billion shackle in the form of the Karpowerships that would have destroyed our economy. In the dark days of load shedding when South Africans had more hours of no electricity than hours with electricity, consumers were starting to think that the Karpowerships – that would have cost the country about R200 billion over 20 years – would not be such a bad idea. Thankfully, load shedding became a thing of the past and government decided to scrap the project where it would have commissioned three Karpowerships to help the country with power and get rid of load shedding. Many South Africans and civil society organisations were not happy with the decision to supplement South Africa's electricity grid this way, and the Organisation Undoing Tax Abuse (Outa) asked the courts to overturn the decision. Recently, the high court did just that and issued an order declaring the Karpowership licences invalid and overturned them. Recently, the Pretoria High Court did just that. It granted outa an order ruling that the three Karpowership electricity generation licences issued are invalid and overturned them. The National Energy Regulator of South Africa (Nersa) issued the licences that were a crucial step in government's plan to sign 20-year deals with the floating power stations as 'emergency' electricity. The deals were expected to have cost about R200 billion over the 20 years, an amount that would have been added to the price of electricity. ALSO READ: Karpowership project gets green light, a costly gamble? Outa's three year fight against Karpowership and Nersa in 2022 Outa filed its case on 26 April 2022 and called for the court to review Nersa's decision to grant the licences. It resulted in a three-year fight, including a long dispute over access to documents. Adv Stephanie Fick, executive director of Outa, says they believe this case contributed significantly to the collapse of the Karpowership deals, as Eskom eventually cancelled the grid access. The removal of the generation licences is the final end of this deal and Fick says Outa regards this as a significant legal victory and a huge victory for the public. 'The Karpowership deals are now absolutely dead. It will never be loaded onto your electricity bill. This ruling is a powerful affirmation that decisions involving billions in public funds must comply with the law. We challenged this process because the public deserves transparency, proper oversight and value for money, none of which were present in this licensing saga.' According to the court order, the 'decision of the first respondent [Nersa] to award a generation licence to the second respondent [Karpowership]' was 'reviewed and set aside' for each of the three generation licences. The court order also confirmed a settlement agreement between Outa and Nersa. Karpowership was cited in the case and initially opposed it but withdrew a few months ago. As part of the settlement agreement, Nersa agreed to withdraw its opposition to Outa's review application and the court formally set aside the impugned licences. In addition, the court ordered Nersa to pay the costs of the application on a party-and-party scale, including fees for two counsel. Fick says this reflects the seriousness of the matter and the substantial public interest involved. ALSO READ: 'It's buried': Ramokgopa says Karpowership deal 'dead in the water' Karpowership had no environmental impact studies or agreements with Eskom The Karpowership generation licences were issued in 2021 as part of the Risk Mitigation Independent Power Producer Procurement Programme, which aimed to urgently address South Africa's electricity shortfall. Outa's review application cited multiple legal and procedural concerns, including: The absence of required environmental authorisations and port approvals; The lack of confirmed power purchase agreements with Eskom; Criminal investigations pending against the Karpowership entities; and Significant long-term financial risks to the public without adequate regulatory scrutiny. Fick says the case was delayed for nearly two years due to disputes over access to the administrative record. Outa demanded a copy of the full record of Nersa's decisions, with the full reasons for the decisions, as part of the review process. However, Nersa and Karpowership objected. After a court order compelling the production of documents in 2024, the Karpowership entities were liquidated and their attorneys withdrew from the matter in June 2025. Despite the lack of opposition, Outa pushed to ensure the matter was formally adjudicated and made part of the public record through an order of court. The full record was eventually made available, but parts are blocked from public access. 'This is not just a legal win but a win for public interest litigation. This case reinforces the principle that even when government acts urgently, the law and due process cannot be ignored,' Fick said. 'This judgment protects the public from being locked into a flawed and costly energy deal and it strengthens the principle that administrative decisions must be lawful, rational and in the public interest.'
The Citizen
07-07-2025
- Politics
- The Citizen
Outa going to court over Joburg's by-law for CCTV cameras
Outa believes that the CCTV by-law places unreasonable burdens on businesses and residents, while also raising privacy concerns. Civil action organisation Outa is going to court to challenge the legality of the City of Johannesburg's new by-law on CCTV, which sets up convoluted rules requiring registration and city access to private data on it. Advocate Stefanie Fick, executive director for the accountability division at Outa, says Johannesburg must police the city, not its residents' CCTV cameras. Outa's case, which was filed in the Johannesburg High Court on 18 June, is against the City of Johannesburg and its municipal manager. Fick says the notice of motion calls for the court to declare the city's privately-owned closed-circuit television surveillance camera (CCTV) by-law invalid and unconstitutional and set it aside. It also calls for the city to provide the records of public participation, adoption and promulgation of the by-law. 'The city council passed this by-law on 21 February 2025, with the meeting minutes showing support from 15 parties, including the ANC, ActionSA, EFF and PA, while two parties, the DA and ACDP, dissented.' ALSO READ: Sapoa to challenge Joburg CCTV by-law in court Outa's concerns about CCTV by-law According to Fick, Outa believes that the by-law is convoluted, irrational, places unreasonable burdens on private businesses and residents, raises privacy concerns and is unworkable. She says that Outa wants the by-law overturned due to: Lack of public participation; Conflict with section 156 of the constitution regarding the powers of municipalities; Lack of rationality; and Infringement of the constitutional rights to property (section 25 of the constitution), privacy (section 14) and freedom and security (section 12). 'The public participation process is essential and calls for the by-law to be declared invalid 'for want of sufficient public participation'. Given the extent and impact of the by-law, it appears that limited public participation took place. Alternatively, there was insufficient community participation.' Outa questions the legality of the by-law, arguing that the constitution and the South African Police Services Act limit the city's powers, and these do not appear to allow a municipality to exercise direct authority over private property such as privately owned CCTV cameras. 'The City of Johannesburg may regulate its own CCTV camera systems as it deems fit, but it exceeds its powers by directly interfering with private property rights. It would appear that the City of Johannesburg is usurping policing functions by commandeering private CCTV camera systems aimed at ensuring the safety and security of individuals, communities and property within the city. 'The City of Johannesburg's safety and security responsibility is primarily the function of national and provincial government. For this reason, the City of Johannesburg is overstepping its executive and legislative authority.' ALSO READ: Concerns over private CCTV cameras in Joburg CCTV registration process cumbersome and unimplementable In addition, Outa says the city's registration process is also irrational, cumbersome and unimplementable. The by-law requires 'prior written approval' from the city for installing, using or upgrading CCTV cameras that include coverage of public spaces, to provide the city with plans and motivations for the cameras, get sign-off from a registered engineer, reapply each year and pay fees to the city. It also allows the City of Johannesburg to simply confiscate any equipment it deems to have overstepped the by-law without a court order. The by-law also requires that each CCTV camera must record and store data for a minimum period but this is incoherently stated and effectively outlaws cameras that provide only real-time monitoring. Fick says the by-law also blocks the sharing of data with community policing forums or private security companies, restricting it to use by the Saps and Johannesburg Metro Police Department (JMPD). CCTV cameras must also carry labels with owners' names and contact details, which creates privacy issues. There are additional restrictions for commercial applicants. ALSO READ: Cameras 'don't deter criminals' – experts Demand for fees for CCTV scheme for additional revenue Fick calls the demand for fees 'nothing more than a scheme to secure additional revenue for the City of Johannesburg, which is financially crippled' and a double tax for owners who already paid VAT and probably import duties on their CCTV equipment. 'Outa believes this by-law will undermine community safety initiatives, which means the by-law will effectively have the opposite effect of what is intended. The by-law appears to grant City officials the right to enter private property at any time to inspect the cameras, which is an invasion of privacy and open to abuse.' She points out that threats to confiscate unregistered cameras, or those the city does not approve, would be arbitrary deprivation or expropriation without compensation. 'The requirement that owners must simply hand over all data is unnecessary, as 'far less intrusive alternatives' already exist in law, including the subpoena system for investigation and prosecution, or simply asking CCTV owners for help. 'The registration requirements raise concerns over privacy and the city's handling of data and potential for misuse. If the City of Johannesburg takes all footage with access to public spaces, it follows that much of that footage will also include images of private space. 'What a person does within the boundaries of his property is private and the City of Johannesburg must not intrude on this privacy.' ALSO READ: CCTV cameras pit security against privacy concerns By-law will not improve security Fick says the by-law is also unimplementable and will not improve security. 'The exercise of public power must be rational and logically connected to the intended purpose. There is no rationality between the purpose and object of the Act and the unreasonable burdens imposed on a CCTV owner. 'Placing an enormous administrative burden on a CCTV owner would discourage residents from installing CCTV camera systems. The net result would be a community increasingly exposed to crime, where the Saps and JMPD are not equipped to effectively deal with the scourge of pervasive crime.'
IOL News
19-06-2025
- Automotive
- IOL News
Call for Transport Minister to suspend penalties for motorists amid driving licence backlog
The Organisation Undoing Tax Abuse (Outa) has asked Transport Minister to suspend penalties related to expired driver's licence cards for motorists who have applied for renewals. Image: File photo: INLSA The Department of Transport is facing mounting pressure to address a significant backlog of driving licence cards, currently standing at 690,000, following the breakdown of its sole card-printing machine in April. As the department works to reduce this backlog, which has decreased by approximately 43,000 from the previously reported 733,000, stakeholders are urging Transport Minister Barbara Creecy to waive fines for motorists affected by the delays. The Organisation Undoing Tax Abuse's (Outa) Advocate Stefanie Fick on Tuesday wrote to Creecy and asked her to consider announcing a moratorium on fines related to expired driver's licence cards for motorists who have already applied for renewals, and that no temporary licences should be required until all backlogs have been cleared. She also requested the department to consider issuing public communication of this moratorium through all official channels, including the Road Traffic Management Corporation (RTMC), provincial traffic authorities and traditional and social media. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Fick added that the department must provide clarity to all enforcement officials to prevent unwarranted fines and harassment of motorists. Department of Transport spokesperson, Collin Msibi, confirmed it received the letter which is being processed internally for the Minister's attention. Fick said it was important to note that during the Covid-19 pandemic, the department recognised the exceptional circumstances and issued blanket extensions on the validity of expired driver's licences, allowing the public reasonable leeway while the system was caught up. She said this temporary relief was an example of fair, compassionate governance in the face of operational disruption. 'We urge the department to take a similar approach now, especially given that this crisis stems from internal systemic failures rather than a national emergency,' Fick said. Creecy recently revealed that the department spent over R12 million on the repair and maintenance of the printing machine over the past three years. The department has been trying to procure another machine for years, but repeatedly cancelled and reissued the tender. In August last year, the department announced that it had appointed Idemia and Security South Africa as the preferred bidder for a tender to print new driving licence smart cards. However, Outa's investigation uncovered irregularities and handed the report to Creecy, who in turn passed it to the Auditor-General (AG). In March, Creecy announced that the AG investigation identified instances of non-compliance with the required procurement procedures, and added that she instructed her department to lodge a High Court application for a declaratory order regarding the tender. Fick said Outa is still waiting for clarity on the contract process. Cape Argus
The Citizen
17-06-2025
- Automotive
- The Citizen
Outa calls for no fines during driver's licence backlog
Although it was not their fault, people who cannot produce their physical driver's licences are fined due to the printing backlog. Civil action organisation Outa has called on the minister of transport to pause fines for people who cannot show their driver's licences due to the backlog when the printer broke down for the second time. Outa has asked Minister Barbara Creecy to waive fines and temporary licences for people waiting for new driving licence cards that are stuck in the backlog. The Department of Transport reported a backlog of 690 000 driving licence cards last week due to the breakdown earlier this year of the sole card-printing machine. Advocate Stefanie Fick, executive director for the accountability division at Outa, wrote to Creecy last week, asking her to consider extending the validity period for all drivers licence cards to 10 years while the card backlog exists: Place a moratorium on fines related to expired driver's licence cards for motorists who already applied for renewals and that no temporary licences are required until all backlogs are cleared. Public communication of this moratorium through all official channels, including RTMC platforms, provincial traffic authorities and traditional and social media and Providing clarity to all enforcement officials to prevent unwarranted fines and harassment of motorists. Fick says fining motorists who are still waiting for their renewed cards is unfair. ALSO READ: Why has the questionable driving licence card tender not been overturned? Driver's licence card machine tender suspended after Outa pointed out irregularities Outa's investigation last year uncovered huge irregularities in the process for buying a new driving licence card machine. The tender was awarded in August, and in September, Outa handed its investigation report to the minister, who in turn passed this on to the Auditor-General of South Africa. In March this year, the minister announced that the AGSA's investigation confirmed irregularities and said she would go to court to overturn the tender award. 'We are still waiting for clarity on the contract process,' Fick says. In her letter to Creecy, Fick expresses Outa's 'deep concern about the growing frustration faced by motorists who may face unfair treatment or may even be penalised for expired driver's licence cards, despite having followed due process'. Fick writes that while the department works through the backlog, law enforcement officials may fine many law-abiding motorists for not being able to physically show their renewed cards even when they hold receipts or valid temporary licences proving compliance. ALSO READ: Outa: Public misled about driving licence card validity Public penalised for failures not of their own making regarding driver's licences 'The public is penalised for failures not of their own making but due to a broken system that is currently unable to meet service delivery expectations. It is important to note that during the Covid-19 pandemic, the department recognised the exceptional circumstances and issued blanket extensions on the validity of expired driver's licences, allowing the public reasonable leeway while the system caught up. 'This temporary relief was an example of fair, compassionate governance in the face of operational disruption. We urge the department to take a similar approach now, especially given that this crisis stems from internal systemic failures rather than a national emergency.' Fick also emphasises the urgency of extending the validity of driver's licences from 5 years to 10 years, a change that would reduce administrative pressure on the system, save costs and align South Africa with global best practice.
