My fellow law-abiding citizens. Please take the next step and email the letter below to the recipient list. It is very important that our concerns get to the media and the parties concerned.
RECIPIENT LIST:
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presidentrsa@presidency.gov.za, vikesh.ramsunder@clicksgroup.co.za, companysecretary@clicksgroup.co.za, banking@investec.co.uk, e-clipse@investec.co.za, RegL@fsca.co.za, complaints@fsca.co.za, complaints@sahrc.org.za, fsca@whistleblowing.co.za, siu@whistleblowing.co.za, sngwema@npa.gov.za, safps@safps.org.za, info@corruptionwatch.org.za, info@elections.org.za, Khusela@presidency.gov.za, leader@da.org.za, Ivan.Meyer@westerncape.gov.za, tcrwalters@gmail.com, Natasham@da.org.za, diontgeorge@gmail.com, info@ifp.org.za, xngwezi@parliament.gov.za, bluthuli@parliament.gov.za, zmajozi@parliament.gov.za, rcebekhulu@parliament.gov.za, mahlengwa@parliament.gov.za, info@vf.co.za, hk@vf.co.za, wanda@vfplus.org.za, groenewaldm@vfplus.org.za, office@acdp.org.za, contact@pa.org.za, info@thepeoplesdialogue.org.za, news@ofm.co.za, letters@dailymaverick.co.za, editor@jbaynews.com, info@algoafm.co.za, info@groundup.org.za, satruckerinfo@gmail.com, newsroom@enca.com, info@bokradio.co.za, newsdiary@news24.com, editor@ewn.co.za, news@ewn.co.za, iolletters@inl.co.za, dutyeds@inl.co.za, newsdesk@sowetan.co.za, editoronline@mg.co.za, newsdesk@engineeringnews.co.za, PA-Info@resbank.co.za, reports@beheard.co.za
EMAIL SUBJECT:
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CONCERNS ABOUT RACIAL TENSION, ECONOMIC STABILITY, INVESTOR CONFIDENCE, AND CORPORATE TRANSPARENCY IN SOUTH AFRICA.
EMAIL BODY:
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DATE: 21 SEPTEMBER 2020
ADDRESSEES:
1) CLICKS GROUP LTD (Incorporated in the Republic of South Africa) Registration number: 1996/000645/06 share code: CLS
2) INVESTEC BANK LIMITED (Incorporated in the Republic of South Africa) Registration number: 1969/004763/06
3) THE FINANCIAL SECTOR CONDUCT AUTHORITY (FSCA)
4) THE PRUDENTIAL AUTHORITY OF THE SOUTH AFRICAN RESERVE BANK (PA)
5) THE DIRECTORATE FOR PRIORITY CRIME INVESTIGATION (DPCI) OF THE SOUTH AFRICAN POLICE SERVICES
6) THE SPECIAL INVESTIGATING UNIT (SCI)
7) CORRUPTION WATCH (RF) NPC
8) THE ELECTORAL COMMISSION OF SOUTH AFRICA (IEC)
9) MEDIA ACTING IN THE INTEREST OF THE PEOPLE OF SOUTH AFRICA
If you are not the correct recipient, please forward this to the appropriate department or individual.
PREFACE
CONCERNS ABOUT RACIAL TENSION, ECONOMIC STABILITY, INVESTOR CONFIDENCE, AND CORPORATE TRANSPARENCY IN SOUTH AFRICA.
It is a sad reality that the democracy and economy of South Africa have been severely compromised by corruption at pervasive levels of government and the public sector.
Concerted efforts and vigilance are now required to prevent corruption from becoming ubiquitous in the private sector as well.
Recent events of intimidation and harassment by dubious organisations and political figures in the country have cast serious doubt if free and fair elections can even be guaranteed in a climate of such turmoil.
The private sector and government have a responsibility to the South African voter, the general public, consumers, equity traders, shareholders and investors domestic or abroad, to help maintain trust in the South African democracy and economy by encouraging the highest ethical standards from corporations in the private sector.
Whereas, we the citizens of the Republic of South Africa, and citizens from countries with a vested interest in the South African equity market, being voluntary petitioners and lobbyists known as “Friends of Democracy in South Africa”, comprised of around 7700 members. Our members run the gamut of private individuals such as pensioners, others being financial brokers or advisors and some being representatives of South African owned businesses. "Friends of Democracy in South Africa” is a public lobby that encourages participation and membership by shareholders, investors, consumers and lobbyists with similar and shared concerns expressed in the opening statement; AND
Whereas we “Friends of Democracy in South Africa” agreed to uphold the Laws of the Republic of South Africa
and the Peoples Creed - https://www.change.org/p/south-africa-say-no-to-extortion-in-south-africa
AND
Whereas we, “Friends of Democracy in South Africa” have noted with much concern, certain reports in the media, including photos and videos on social media, depicting a number of TERRORIST attacks and violent political protests that occurred during the period 7 September 2020 thru 10 September 2020 at various locations in South Africa; AND
Whereby these TERRORIST attacks appeared to be targeting the retail outlets of the equity issuer CLICKS GROUP LTD. listed under the code CLS on the Equities Market of the Johannesburg Stock Exchange; AND
Whereas, a number of media organisations published reports purporting that representatives of CLICKS GROUP LTD met under duress with the Economic Freedom Fighters (EFF) on Thursday, 9 September 2020; AND
Whereby, these TERRORIST attacks and political protests mysteriously ceased for no apparent reason, shortly after the Economic Freedom Fighters' (EFF's) published a press release on the Internet describing certain agreements reached at the supposed meeting with representatives of CLICKS GROUP LTD on 9 September 2020.
FORMAL ARGUMENTS
PREMISE ONE - THE OFFENCE OF HATE SPEECH
It is common knowledge that the meaning of the word HATE SPEECH is “Abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation"
In terms of South African law we cite The Prevention and Combating of Hate Crimes and Hate Speech Bill published in Government Gazette no 41543 on 29 March 2019:
(SOURCE 1.0)
4. (1) (a) Any person who intentionally publishes, propagates or advocates anything or communicates to one or more persons in a manner that could reasonably be construed to demonstrate a clear intention to— (i) be harmful or to incite harm; or (ii) promote or propagate hatred,
PREMISE TWO - TERRORISM
It is common knowledge that the meaning of the word TERRORISM is "The unlawful use of violence and intimidation, especially against civilians, in the pursuit of political aims"
In terms of South African law we cite The Anti-Terrorism Bill of South Africa published in Government Gazette no 24076 on 15 November 2002:
(SOURCE 2.0)
a) Chapter 1 Definitions to Property:
“property” means real or personal property of any description, whether tangible or intangible;
b) Chapter 1 Definitions to Terrorist Act:
“terrorist act” means an unlawful act, committed in or outside the Republic;
d) Chapter 2 OFFENCES AND PENALTIES:
(1) Any person who-
(a) commits or threatens to commit a terrorist act;
(b) conspires with any person to commit or bring about a terrorist act; or
(c) incites, commands, aids, advises, encourages or procures any other person to is guilty of an offence and liable on conviction to imprisonment
which may include imprisonment for life.
(2) Any person who knowingly facilitates the commission of a terrorist act is guilty of an offence and liable on conviction to imprisonment which may include imprisonment for life.
(3) Any person who becomes or remains a member of a terrorist organisation after the date on which it is declared as such is guilty of an offence and liable on conviction to 15 imprisonment for a period not exceeding 15 years.
(4) Any person who knowingly does anything to support a terrorist organisation economically or in any other way is guilty of an offence and liable on conviction to imprisonment for a period not exceeding 15 years. commit or bring about a terrorist act,
(5) Any person is guilty of an offence if he or she knowingly
(i) harbours or fails to report to the authorities the presence of a member of a terrorist organisation;
(ii) furnishes weapons, food, drink, transport or clothing to a member of a terrorist organisation;
(iii) receives any benefit from a terrorist organisation or any member of such an organisation;
(iv) carries out any instruction or request by a terrorist organisation;
PREMISE THREE - CORRUPTION
It is common knowledge that the meaning of the word CORRUPTION is “Dishonest or fraudulent conduct by those in power, typically involving bribery."
In terms of South African law we cite The Prevention and Combating of Corrupt Activities Act no 26311 on 28 April 2004:
(SOURCE 3.0)
Chapter 2 OFFENCES IN RESPECT OF CORRUPT ACTIVITIES
3. Any person who, directly or indirectly —
a) accepts or agrees or offers to accept any gratification from any other person whether for the benefit of himself or herself or for the benefit of another person; or
b) gives or agrees or offers to give to any other person any gratification. Whether for the benefit of that other person or for the benefit of another person.
In order to act, personally or by influencing another person so to act, in a manner
1) that amounts to the
(aa) illegal, dishonest, unauthorised, incomplete or biased; or
(bb) misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of any powers, duties or function arising
out of a constitutional, statutory, contractual or any other legal obligation: that amounts to --
(aa) the abuse of a position of authority;
(bb) a breach of trust; or
(cc) the violation of a legal duty or a set of rules: designed to achieve an unjustified result: or that amounts to any other unauthorised or improper inducement to do or
not to do anything, is guilty of the offence of corruption.
PREMISE FOUR - EXTORTION
It is common knowledge that the meaning of the word EXTORTION is “The practice of obtaining something, especially money, through force or threats”
In terms of South African law we cite The Prevention and Combating of Corrupt Activities Act no 26311 on 28 April 2004:
(SOURCE 4.0)
COMMON LAW OFFENCES UNDER SECTION 34 DEFINES EXTORTION AS:
Taking from another some patrimonial or non-patrimonial advantage by intentionally and unlawfully subjecting that person to pressure which induces him or her to submit to the taking.
The essential elements are these: advantage, intention, pressure, unlawful subjection to pressure, and inducement.
PREMISE FIVE - ORGANISED CRIME
It is common knowledge that the meaning of the word ORGANISED CRIME is “A category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. Some criminal organizations, such as terrorist groups, are politically motivated”
In terms of South African law we cite The Prevention of Organised Crime Act no 19553 on 4 December 1998:
(SOURCE 5.0)
Chapter 1 DEFINITIONS AND INTERPRETATION:
(xv) “proceeds of unlawful activities”, means any property or part thereof or any 15 service, advantage, benefit or reward which was derived, received or retained, directly or indirectly,
in connection with or as a result of any unlawful activity carried on by any person, whether in the Republic or elsewhere
PREMISE SIX - UNLAWFUL ACTS
a) On Sunday, 6 September 2020 at 14:08 CAT, a Tweet on the social media platform https://twitter.com under the username Julius Sello Malema (@Julius_S_Malema) became widely available on the Internet.
The Tweet read as follows:
@Clicks_SA see you tomorrow. Fellow fighters and ground forces; ATTACK!!!
It is our belief this Twitter account is owned by and under the control of the leader of the Economic Freedom Fighters (EFF) Mr. Julius Sello Malema.
Mr. Malema was convicted and found guilty of HATE SPEECH and harassment as contemplated in the Equality Act on 15 March 2010 by the Johannesburg Equality Court.
A repeat offender Mr. Malema was again found guilty of HATE SPEECH by the High Court in Johannesburg on 12 September 2011.
In his judgement the Honourable Judge Collin Lamont ruled:
"Words are powerful weapons that could lead to disastrous actions and even genocide. The words of one person inciting others...that's how a genocide can start”.
It is our submission that Mr. Malema sent the military-style Tweet to an ORGANISED CRIME network as instruction and military order for willing attackers and members of the Economic Freedom Fighters(EFF) to commit illegal acts of TERRORISM in the form of coordinated and well-planned attacks at several shopping malls in South Africa.
We further submit that Mr. Malema sent the Tweet knowingly and intentionally to incite abuse, arson, harassment, intimidation, racial hatred and violent attacks against certain minority groups in South Africa and the legal person CLICKS GROUP LTD.
b) On Monday, 7 September 2020 at around 08:45 CAT photos of a TERRORIST ATTACK appearing to be of a retail store belonging to CLICKS GROUP LTD in Alberton, Gauteng Province, were widely circulated on the Internet and as such are freely available in the public domain. The photographs and videos appear to show the damaged property of a CLICKS GROUP LTD retail store after an attack and illegal act of TERRORISM.
c) On Monday, 7 September 2020 at around 09:00 CAT photos of a TERRORIST ATTACK appearing to be of a retail store belonging to CLICKS GROUP LTD in Witbank, Mpumalanga Province, were widely circulated on the Internet and as such are freely available in the public domain. The photographs and videos appear to show the damaged property of a CLICKS GROUP LTD retail store after an illegal act of TERRORISM including arson, whereby the property was apparently “petrol-bombed”.
d) On Thursday, 9 September 2020 at around 13:00 CAT photographs and videos that appear to be of a 52-year-old female customer of CLICKS GROUP LTD at or near a retail store in Walmer Park, Port Elizabeth, Eastern Cape Province, were widely circulated on the Internet and as such are freely available in the public domain. In the photographs and videos, a group of demonstrators can be seen intimidating and harassing a female customer and when one of the attackers attempt to physically harm the female customer, she resorts to self-defence by pointing a handgun to deter the assailant. The videos and photos appear to show illegal acts of verbal abuse, harassment, intimidation and threats of violence, to the extent that the lady feared for her personal safety. In one media report the lady's legal representative, Terry Price claim that EFF members bumped into her and told her to “f****f back to Europe”.
e) On Thursday, 9 September 2020 at around 15:00 CAT, a press-release by the Economic Freedom Fighters (EFF) together with a photograph of what appears to be that of Mr. Malema and representatives of CLICKS GROUP LTD was widely circulated on the Internet and as such are freely available in the public domain. The purported press-release by the EFF makes a number of extraordinary claims regarding a supposed meeting with representatives of CLICKS GROUP LTD. If such a meeting indeed occurred as claimed in the press-release by the EFF, it follows that these activities, may well be perceived by the wider public, investors, shareholders, regulatory bodies, law enforcement agencies and the judiciary as extraordinary, highly irregular and even improper in nature.
f) It is common knowledge that photographs and videos of continued demonstrations, threats of violence, disruption of business activities, intimidation and abuse of customers at or near the retail outlets of CLICKS GROUP LTD was widely circulated on the Internet and as such are freely available in the public domain. The TERRORIST attacks, intimidation and political demonstration ceased shortly after the press release by the EFF on Thursday afternoon 9 September 2020.
g) It is common knowledge that civilians at several shopping malls, felt it their civil duty to risk their own safety and help protect the public and the property of CLICKS GROUP LTD. In some video footage and photographs circulated on the Internet, ordinary civilians can be seen risking injury by assisting the South African Police Services to arrest and remove attackers and non-peaceful protestors from shopping malls. In other video footage, civilians are seen guarding the entrance to a CLICKS GROUP LTD retail store.
CONCLUSION
It is the subjective opinion of “Friends of Democracy in South Africa” that:
1) CLICKS GROUP LTD being a legal person is one of the injured parties subjected to and the victim of a number of UNLAWFUL ACTS during the period Sunday, 6 September 2020 to Thursday 9 September 2020.
2) CLICKS GROUP LTD and the SOUTH AFRICAN POLICE SERVICES did not take the required LAWFUL actions to adequately protect the public and failed to protect the property of CLICKS GROUP LTD from these UNLAWFUL ACTS.
3) The actions or lack of prudent action, by the Board of CLICKS GROUP LTD during and following these UNLAWFUL ACTS require explanation and investigation.
4) The actions or lack of prudent action, by the SOUTH AFRICAN POLICE SERVICES during and following these UNLAWFUL ACTS require explanation and investigation.
SUMMARY OF CONCERNS
"Friends of Democracy in South Africa” is genuinely concerned about:
1) The undermining of peace in the land during such UNLAWFUL ACTS.
2) Free and Fair elections becoming impossible when UNLAWFUL ACTS can be exercised with impunity and without redress.
3) The safety of South African citizens during such UNLAWFUL ACTS.
4) Consumer confidence in South Africa amidst the COVID 19 economic recovery.
5) The impact the events described may have on long term investor confidence.
6) The lack of transparency displayed by the Board of CLICKS GROUP LTD during and after the events described.
7) The financial risk to shareholders and investors when civil and or criminal remedy and redress for UNLAWFUL ACTS are not immediately and earnestly pursued.
FORMAL COMPLAINT
Pursuant to the fiduciary duties described in the Companies Act No. 71 of 2008 Duties and Liabilities of Directors,
We request from the Board of CLICKS GROUP LTD an urgent SENSE Announcement or Press Release:
1) To restore trust in the Board of CLICKS GROUP LTD by investigating any and all UNLAWFUL ACTS that contributed to the injuries and harm suffered by CLICKS GROUP LTD between 7 September 2020 and 10 September 2020
2) Demonstrate compliance to the full extend of the law, and seek all civil and or criminal remedies available for the injuries and harm suffered by CLICKS GROUP LTD as a result of these UNLAWFUL ACTS.
3) Declare the full extent of losses and unforeseen costs sustained by CLICKS GROUP LTD and the estimated impact on shareholder ROI.
4) CLICKS GROUP LTD describe and commit to implementing countermeasures that will ensure the safety of South African consumers
5) Describe how it will restore trust in the ethos of CLICKS GROUP LTD in its role as an equity issuer.
6) That the Board of CLICKS GROUP LTD provides full disclosure of any material relationship and or dealings with the Economic Freedom Fighters (EFF).
We request from all government agencies, regulators and the sponsor of the equity issuer being INVESTEC BANK LIMITED:
1) That we the public of South Africa and members of "Friends of Democracy in South Africa" be afforded our constitutional rights to address these serious concerns.
2) That the Board of the equity issuer CLICKS GROUP LTD be held to the highest ethical standards of corporate governance.
3) That the legal person CLICKS GROUP LTD be afforded every assistance and recourse by law for the harm suffered from these UNLAWFUL ACTS.
4) That participating agencies and regulators provide their findings in full transparency pursuant to a free and open democracy.
We sincerely thank you for your cooperation and measured response.
Friends of Democracy in South Africa
SOURCES:
1.0 The Prevention and Combating of Hate Crimes and Hate Speech Bill - https://www.justice.gov.za/legislation/hcbill/B9-2018-HateCrimesBill.pdf
2.0 The Anti-Terrorism Bill of South Africa - https://www.gov.za/sites/default/files/gcis_document/201409/b12-030.pdf
3.0 The Prevention and Combating of Corrupt Activities Act - https://www.gov.za/sites/default/files/gcis_document/201409/a12-04.pdf
4.0 The Prevention and Combating of Corrupt Activities Act - https://www.gov.za/sites/default/files/gcis_document/201409/a12-04.pdf
5.0 The Prevention of Organised Crime Act - https://www.gov.za/sites/default/files/gcis_document/201409/a121-98.pdf
ANNEXURE 1 - Comments and reasons for signing the Peoples Creed can be viewed here: https://www.change.org/p/south-africa-say-no-to-extortion-in-south-africa/c?source_location=petition_show