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Black Facts for October 24th

2020 - Mphoko rekindles Choppies fight

FORMER Vice-President Phelekezela Mphoko and his son Siqokoqela have taken the Botswana-headquartered Choppies Enterprises, its distribution centre and Nanavac Investments to court demanding an outstanding US$44 million for their 51% shares in the company. BY SILAS NKALA The family held shares in the supermarket chain before it was pushed out in January last year. Through their lawyer Zibusiso Ncube, Mphoko and his son filed summons at the Bulawayo High Court seeking an order declaring their entitlement to payment of the true value of the 51% shares they held before being booted out. The Mphokos also claimed interest at the rate of 5% per annum from January 9, 2019, when they were unlawfully divested of their shareholding, to date of full payment. In their declaration of the claim, the Mphokos submitted that at all material time, they were the majority shareholders of Nanavac Investments, holding an aggregate of 51% shares. “First applicant (Siqokoqela) held 25,5% shares and second applicant (Phelekezela) held 25,5% shares in first defendant (Nanavac Investments), while the second defendant (Choppies Enterprises) held the remaining 49% of the first defendant (Nanavac Investments)’ shares,” reads the declaration. “In about 2018, a dispute arose between first applicant and second defendant resulting in the second and third defendants instituting legal proceedings against first plaintiff and his wife and the first defendant at the High Court. The second defendant instituted malicious and false criminal complaints to the police, resulting in the institution of magistrates’ court proceedings against the first plaintiff and his wife.” They said the proceedings resulted in their arrest and detention and on January 9 in order to secure freedom, the Mphokos signed a deed of settlement with Choppies Enterprises in terms of which they disposed of their shareholding in Nanavac Investments to Choppies Enterprises. “The deed of settlement between the parties provided that the two plaintiffs were to be paid US$2,9 million by second defendant for the acquisition of plaintiffs’ full rights and title to the first defendant’s shareholding,” they said. “The payment of first applicant’s salary which was due from first defendant had been unlawfully stopped and threats of foreclosure on a mortgage bond in which first applicant had acquired funds from a local bank which the plaintiff could only service if he was not in detention and was receiving his salary from first defendant, the second plaintiff made him sign the deed of settlement in fear of the continued persecution of his son and his daughter in law by second defendant.” The Mphokos said the unlawful deed of settlement understated value of the shareholding they owned in that US$2,9 million offered for the shares constituted about 7% as opposed to 51% of the value of the shares in Nanavac Investments, which was given as US$44 million at the Botswana Stock Exchange. “The second defendant paid the sum of US$2,9 million in local currency, where shareholding was purportedly being acquired

2021 - Debate, not debacle - Trinidad and Tobago Newsday

Thursday's sittings of the House of Representatives and of the Electoral College showed up a number of flaws in this country's Parliament, and not merely what many considered bad behaviour by the Opposition.

For one thing, it pointed to a need for members to come to the chamber with a greater commitment to the principles of governance, not throw down for battle, or with the attitude, 'My party, right or wrong.'

The TT House of Representatives is a scaled-down version of the Westminster system, and that smaller scale has consequences.

In most general elections since independence in 1962, the first-past-the-post system has given the government a majority, and hence automatic victory on many issues - although it also means the party must impose what the English Parliament would call a three-line whip on every single vote. That is, members must always toe the party line; were conscience votes allowed, governments might fall, requiring a general election, several times a year.

In elections that deliver a significant majority to the winners, the opposition's role is even further diminished.

In the Senate, the last call for government decision-making, that authority is leavened somewhat by the nine independents chosen by the President.

Thursday's sitting went downhill after the Speaker declined to allow debate on a motion, brought by the Opposition Leader, that could have ended with the removal of the President.

The motion was doomed in any case, since no matter how persuasive Mrs Persad-Bissessar's rhetoric, no government member would admit to changing his or her mind as a result. But at least a debate would have allowed the Opposition to vent its concerns fully, to ask questions and perhaps elicit some answers.

Fuelling more ire was the Speaker's refusal of a secret vote on the motion.

So the Opposition resorted to shouting, desk-thumping and attempted filibustering over side issues, such as whether Independent Senator Charisse Seepersad should recuse herself, as the sister of former Police Service Commission chair Bliss Seepersad.

The fallout has been unfortunate. For all the sound and fury, the country is none the wiser about what caused the collapse of the process for appointing a Commissioner of Police and two successive acting CoPs.

In addition, many members of the public were appalled by what they considered mere rowdiness and indiscipline.

Passion among politicians is not necessarily a bad thing, and in this case the Opposition was correct to be disturbed at the near-impossibility of having its concerns addressed. Its method of conveying that alarm to the public, however, appears to have backfired.

No one emerged untarred. Respect for the legislature has been dented: even the Independent senators stand accused of siding with the President not on principle, but in order to keep their posts.

The core issues remain. Despite amendments, the legislation for appointing the police leadership remains flawed.

All these issues are highly unlikely to be properly addressed,