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Ernest Khoza loses court bid to challenge Outa's corruption report
Ernest Khoza loses court bid to challenge Outa's corruption report

IOL News

time3 days ago

  • Business
  • IOL News

Ernest Khoza loses court bid to challenge Outa's corruption report

The Johannesburg High Court has dismissed an application by the National Students Financial Aid Scheme (Nsfas) former chairperson, Ernest Khoza's application for the Organisation Undoing Tax Abuse (Outa) to remove a report implicating him in corruption. Image: Supplied Ernest Khoza, former chairperson of the National Student Financial Aid Scheme (Nsfas), has lost his bid to challenge the Organisation Undoing Tax Abuse (Outa) over a report implicating him in corruption. The Johannesburg High Court dismissed his application to have the report removed from Outa's website. It was Khoza's second attempt after he wrote to Outa, through his attorneys, demanding the removal of the report shortly after it was published last year. The report, which was published in January 2024, exposed how Khoza and former Higher Education Minister, Blade Nzimande, defrauded Nsfas through kickbacks from service providers. 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 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. Next Stay Close ✕ Khoza did not respond to calls and messages. Khoza argued that Outa was no mere private party, and that the default common law position did not apply to it. Among others, he stated his argument as: In publishing its investigation reports, Outa reaches a wide audience, and therefore acts as a quasi-media organisation, and attracts similar duties to the recognised media, in particular the duty to allow implicated parties prior notice and an opportunity to comment, prior to publication. However, in its answering affidavit, Outa described itself as a non-profit civil action organisation supported and publicly funded by ordinary South Africans. Its mission includes challenging and taking action against maladministration and corruption, and, where possible, holding those responsible to account. The organisation added that as part of its work, it has investigated alleged maladministration in the administration of publicly funded bursaries and student accommodation by the Department of Education and Nsfas, the government-funded bursary and loan organization. 'Outa received recordings of a telephone conversation purportedly involving the applicant, duly investigated, and in January 2024, it published the article and impugned report,' read the papers. Outa added that the report contains accurate quotes from the recordings, and that it is truthful and has been published in the public interest. The court said the investigation did not determine anything, adding that it made prima facie findings of fact and provided them to the relevant authorities with recommendations on further action. 'None of the findings or recommendations contained in Outa's report are binding on anyone, and the police and National Prosecuting Authority will decide independently whether to investigate Outa's complaints or to prosecute anyone accused by Outa of wrongdoing,' read the judgment, which added that the organisation performs investigations and makes recommendations in its capacity as a private actor. Reflecting on the outcome, Outa's executive director of accountability, Advocate Stefanie Fick, said this judgment reinforces the principle that private actors, even those acting in the public interest, are not bound by the same procedural obligations as public entities. ​Fick said the judgment also protects the ability of civil society organisations to expose corruption without undue interference, while preserving the common-law remedies available to individuals who feel aggrieved by such publications. Get your news on the go, click here to join the Cape Argus News WhatsApp channel. Cape Argus

Court dismisses Khoza's bid to remove corruption report from Outa
Court dismisses Khoza's bid to remove corruption report from Outa

IOL News

time4 days ago

  • Business
  • IOL News

Court dismisses Khoza's bid to remove corruption report from Outa

The Johannesburg High Court has dismissed an application by the National Students Financial Aid Scheme (Nsfas) former chairperson, Ernest Khoza's application for the Organisation Undoing Tax Abuse (Outa) to remove a report implicating him in corruption. Image: File Former board chairperson of the National Student Financial Aid Scheme (Nsfas), Ernest Khoza, has lost a bid to challenge the Organisation Undoing Tax Abuse (Outa) to remove the report implicating him in corruption. This after the Johannesburg High Court dismissed his application for Outa to remove the report from its website. It was Khoza's second attempt after he wrote to Outa, through his attorneys, demanding the removal of the report shortly after it was published last year. The report, which was published in January 2024, exposed how Khoza and former Higher Education Minister, Blade Nzimande, defrauded Nsfas through kickbacks from service providers. 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 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. Next Stay Close ✕ Khoza did not respond to calls and messages. But in his application, he sought for the court order to take the report down from its website and an order that he must be allowed to respond to the allegations. He also demanded that the report only be republished once this was completed to his satisfaction, adding that the republished report contain an accurate record of his responses to each allegation. Khoza argued that Outa was no mere private party, and that the default common law position did not apply to it. He stated his argument as follows: - Outa proclaims to the world that it exercises a public interest function. It undertakes quasi-public functions, which must attract commensurate public duties. - Although lacking any legal authority or mandate to do so, Outa purports to conduct investigations into allegations of malfeasance and corruption in the public sphere. - Outa holds itself out as following a fair investigation process, described on its website as its '5-step methodology', which includes investigations, engagement with those implicated, exposure of its findings to the public, mobilisation of public interest in the matter, and litigation aimed at achieving what it perceives as the appropriate remedy. - Outa seeks to convey the message that it follows a fair investigation process, and that its findings can therefore be trusted. This, in turn, creates a legitimate expectation on the part of a person implicated in wrongdoing in an Outa report to be heard prior to publication. - In publishing its investigation reports, Outa (a reputable organisation) reaches a wide audience, and therefore acts as a quasi-media organization, and attracts similar duties to the recognised media, in particular the duty to allow implicated parties prior notice and an opportunity to comment, prior to publication. - Section 8(2)(iii) and (iv) of the Constitution provides for the horizontal application of fundamental rights, and should be applied in the circumstances. In addition to the right of reply and fair process, the applicant asserts that his fundamental right to dignity includes the right to be heard and to preserve his reputation. However, in its answering affidavit, Outa described itself as a non-profit civil action organisation supported and publicly funded by ordinary South Africans. Its mission includes challenging and taking action against maladministration and corruption, and, where possible, holding those responsible to account. The organisation added that as part of its work, it has investigated alleged maladministration in the administration of publicly funded bursaries and student accommodation by the Department of Education and Nsfas, the government-funded bursary and loan organization. 'OUTA received recordings of a telephone conversation purportedly involving the applicant, duly investigated, and in January 2024, it published the article and impugned report,' read the papers. Outa added that the report contains accurate quotes from the recordings, and that it is truthful and has been published in the public interest. The court said the investigation did not determine anything, adding that it made prima facie findings of fact and provided them to the relevant authorities with recommendations on further action. 'None of the findings or recommendations contained in Outa's report are binding on anyone, and the police and National Prosecuting Authority will decide independently whether to investigate Outa's complaints or to prosecute anyone accused by Outa of wrongdoing,' read the judgment, which added that the organisation performs investigations and makes recommendations in its capacity as a private actor. Reflecting on the outcome, Outa's executive director of accountability, Advocate Stefanie Fick, said this judgment reinforces the principle that private actors, even those acting in the public interest, are not bound by the same procedural obligations as public entities. ​Fick said the judgment also protects the ability of civil society organisations to expose corruption without undue interference, while preserving the common-law remedies available to individuals who feel aggrieved by such publications.

Germiston athlete eyes national success and university scholarship
Germiston athlete eyes national success and university scholarship

The Citizen

time4 days ago

  • Sport
  • The Citizen

Germiston athlete eyes national success and university scholarship

Lucie Ilunga, a 400m and 800m sprint specialist, has come a long way since her early days as a netball player. Now in Grade 12 at Queens High School, she shares her journey into athletics, guided by coach Elvis Khoza. Ilunga only began to take athletics seriously in Grade 8, despite having a strong netball background. ALSO READ: CGA hosts cross-country in Germiston 'Running wasn't really my thing,' she recalled. 'But I took part in a school athletics event and, to my surprise, finished 29th.' After that race, Khoza approached her with an invitation to train. 'At the time, my heart was still with netball. I had just played my last matches at the district games and had been selected for the provincial team, so I didn't think much of it at first,' she explained. But Khoza's persistence paid off. 'He convinced me to give running a try, and my journey has been fascinating ever since.' A promising athlete with global potential Now affiliated with Thembisa Athletics Club, Ilunga has made remarkable progress. In her first year, she won the 800m at the OR Tambo Socini Games and qualified to compete in Italy. 'Unfortunately, Covid-19 had other plans,' she said, referring to the cancelled trip. ALSO READ: CGA announces team to lead SA at Paris Olympic The following year, in Grade 9, she placed second in the 800m at the same games but was unable to make the national team due to unforeseen circumstances. Balancing athletics with academics and leadership Beyond the track, Ilunga shines academically. She has served on the school's Representative Council of Learners (RCL) for four consecutive years and currently holds the position of Deputy Head Girl. 'I've received academic merits since Grade 11 and was awarded the best leader award,' she said. Despite a demanding school year, Ilunga is working hard to secure a scholarship for university. 'Next year I aim to study something I'm passionate about, like business management.' She continues her training at Germiston Stadium as she prepares for upcoming competitions. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!

South African cooks join forces to make 67,000 liters of soup to fight hunger on Mandela Day

time5 days ago

  • General

South African cooks join forces to make 67,000 liters of soup to fight hunger on Mandela Day

JOHANNESBURG -- Dozens of South African chefs, community cooks, caterers, and culinary students joined forces Friday in Johannesburg to make 67,000 liters (17,700 gallons) of soup to feed the hungry, in celebration of Nelson Mandela Day. First officially recognized by the United Nations in 2009, International Nelson Mandela Day encourages people to commemorate the birthday and legacy of South Africa's first Black president by volunteering for 67 minutes, which is equivalent to his 67 years of public service. To mark the birthday of South Africa's former head of state, who was born in 1918, cooks all over the country made soup in their own kitchens to contribute toward reaching the target. At the Johannesburg-based HTA School of Culinary Arts, cooks chopped vegetables, added legumes and sprinkled in a kaleidoscope of seasonings to make hearty soups. They braised their broths from early morning until 5:30 p.m., when the final soup tally began. 'The 67,000 liters, it's our take on 67 minutes,' said executive chef and chairman of NGO Chefs with Compassion, James Khoza. 'I did a lentil soup with vegetables and a bit of chicken pieces inside. It's not your normal kind of soup where you boil everything, then you make the soup out of it. For me, I look at flavor and is it quality as well. 'I know the guys are on the streets sometimes, or the beneficiaries, people tend to just give them whatever they feel like giving, but .... guys like us who come from hotel business, we understand that what we must feed people must be of that level, highest quality, that they feel like they are worthy because indeed they are worthy, " he added. Every year, South Africans volunteer their time on July 18, cleaning up public spaces, helping at schools or hospitals, or performing humanitarian work and making donations. For Chefs with Compassion, a non-profit organization that works to combat hunger and food waste, the food drive is 'a war against throwing away food and wasteful cooking,' Khoza says. This year marks the sixth consecutive year that they've rescued excess food from farmers and shops that would otherwise have been thrown out. Instead, the chefs use it to make large quantities of soup to offer to the thousands of Johannesburg residents who are food insecure. As part of her school's effort to add 300 liters of soup to the 67,000 liters that the collective aims for, Tyra Nyakudya, an 18-year-old college student, spent most of the day cutting vegetables and monitoring the soup pots. Although she was only six years old when the statesman passed away in 2013, she said his legacy of compassion and service remain in the memory because 'he did everything in his power to give back to the community, which is why we're doing this today.' South Africa is among Africa's leading food producers, but the 2024 National Food and Nutrition Security Survey (NFNSS) report found that 63.5% of South African households were food insecure, which translates to over 20 million people going without food every day and about 10.3 million tons of food being wasted annually. This is primarily driven by poverty, unemployment, and rising food prices, which are exacerbated by factors such as climate change and inequality. Hanneke Van Linge, head of Nosh Food Rescue, said the figures illustrated that food waste and food surplus is a huge problem, which should concern citizens every day. 'There's a lot of beautiful energy around Mandela Day specifically," she said. 'But we would like to implore people, don't just let your involvement stay on Mandela Day.'

South African cooks join forces to make 67,000 liters of soup to fight hunger on Mandela Day
South African cooks join forces to make 67,000 liters of soup to fight hunger on Mandela Day

The Hill

time6 days ago

  • General
  • The Hill

South African cooks join forces to make 67,000 liters of soup to fight hunger on Mandela Day

JOHANNESBURG (AP) — Dozens of South African chefs, community cooks, caterers, and culinary students joined forces Friday in Johannesburg to make 67,000 liters (17,700 gallons) of soup to feed the hungry, in celebration of Nelson Mandela Day. First officially recognized by the United Nations in 2009, International Nelson Mandela Day encourages people to commemorate the birthday and legacy of South Africa's first Black president by volunteering for 67 minutes, which is equivalent to his 67 years of public service. To mark the birthday of South Africa's former head of state, who was born in 1918, cooks all over the country made soup in their own kitchens to contribute toward reaching the target. At the Johannesburg-based HTA School of Culinary Arts, cooks chopped vegetables, added legumes and sprinkled in a kaleidoscope of seasonings to make hearty soups. They braised their broths from early morning until 5:30 p.m., when the final soup tally began. 'The 67,000 liters, it's our take on 67 minutes,' said executive chef and chairman of NGO Chefs with Compassion, James Khoza. 'I did a lentil soup with vegetables and a bit of chicken pieces inside. It's not your normal kind of soup where you boil everything, then you make the soup out of it. For me, I look at flavor and is it quality as well. 'I know the guys are on the streets sometimes, or the beneficiaries, people tend to just give them whatever they feel like giving, but …. guys like us who come from hotel business, we understand that what we must feed people must be of that level, highest quality, that they feel like they are worthy because indeed they are worthy, ' he added. Every year, South Africans volunteer their time on July 18, cleaning up public spaces, helping at schools or hospitals, or performing humanitarian work and making donations. For Chefs with Compassion, a non-profit organization that works to combat hunger and food waste, the food drive is 'a war against throwing away food and wasteful cooking,' Khoza says. This year marks the sixth consecutive year that they've rescued excess food from farmers and shops that would otherwise have been thrown out. Instead, the chefs use it to make large quantities of soup to offer to the thousands of Johannesburg residents who are food insecure. As part of her school's effort to add 300 liters of soup to the 67,000 liters that the collective aims for, Tyra Nyakudya, an 18-year-old college student, spent most of the day cutting vegetables and monitoring the soup pots. Although she was only six years old when the statesman passed away in 2013, she said his legacy of compassion and service remain in the memory because 'he did everything in his power to give back to the community, which is why we're doing this today.' South Africa is among Africa's leading food producers, but the 2024 National Food and Nutrition Security Survey (NFNSS) report found that 63.5% of South African households were food insecure, which translates to over 20 million people going without food every day and about 10.3 million tons of food being wasted annually. This is primarily driven by poverty, unemployment, and rising food prices, which are exacerbated by factors such as climate change and inequality. Hanneke Van Linge, head of Nosh Food Rescue, said the figures illustrated that food waste and food surplus is a huge problem, which should concern citizens every day. 'There's a lot of beautiful energy around Mandela Day specifically,' she said. 'But we would like to implore people, don't just let your involvement stay on Mandela Day.'

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