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Tshwane signs payment agreement with Eskom to settle R6.6bn debt

Location: News

Tshwane signs payment agreement with Eskom to settle R6.6bn debt

The City of Tshwane has signed a payment arrangement plan to settle its R6.6 billion debt owed to the power utility.

This comes after the utility took the City to court for bulk electricity supply arrear debt and the matter was set down for hearing on 26 and 27 November 2024. 

However, Eskom said the parties have since met and agreed on a five-year payment arrangement plan, which was formalised as a court order on 26 November 2024. 

“In terms of the payment arrangement plan, the City of Tshwane has committed to make the initial payment of R400 million in December 2024, with the last payment scheduled for March 2029,” Eskom explained in a statement on Monday. 

The payment arrangement plan is subject to two conditions: 

  • All current accounts must be paid in full on or before their due dates. 
  • If the City defaults on the payment arrangement and the current accounts, the payment arrangement shall be terminated, and the full amount owing will become due and payable to Eskom immediately.

“We are pleased to have worked collaboratively with the City of Tshwane to reach this outcome.

“This agreement plays a part in maintaining the sustainability of Eskom to drive the economic growth of South Africa and reduce our burden on the taxpayer,” Eskom Distribution Group Executive, Monde Bala, said. 

Tshwane Mayor, Dr Nasiphi Moya, has described this arrangement as a “landmark agreement”. 

“This agreement is a significant milestone in our journey to financial recovery and stability,” Moya said.

According to the Mayor, the City has already paid R425 million in arrears for October 2024. 

“A critical condition of this agreement is the timely payment of current accounts within 30 days of billing.” 

Moya believes that this settlement signals a turning point, ending years of costly litigation and redirecting focus toward improving service delivery and enhancing revenue collection systems. 

“My administration is fully committed to honouring this arrangement in full. We will adopt stronger financial governance practices to ensure this never happens again, safeguarding the City’s resources and financial health,” the Mayor said. – SAnews.gov.za

Gabisile
Tue, 12/03/2024 - 10:20

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Eskom Alerts the Public About Electricity Sales Scams on Social Media

Location: Business

Tuesday, 03 December 2024: Eskom would like to alert the public about a rise in illegal electricity sales scams on social media. These scams deceive customers by offering fake prepaid vouchers at discounted rates online. Once payment is made to the fraudulent website, often through electronic funds transfer (EFT) services at major supermarkets, the scammers...

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Is Decarbonisation Possible for Africa?

Location: News

Starsight Energy
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Paul van Zijl, Group CEO at Starsight Energy (www.StarsightEnergy.com), believes it is. He maintains that we must apply a contextual lens and move away from all-or-nothing thinking, employing a holistic, phased and sustainable approach to the continent's energy mix.

It's fair to say that the global imperative to ‘decarbonise' – the shift from fossil fuels such as coal, natural gas or oil to carbon-free and renewable energy sources – has been more of a stumble than a sprint in Africa.

But as always, context is important. In Africa, other pressing socio-economic often – understandably – take priority, which then limits available funding; a lack of infrastructure hampers development; and, of course, vested interests slow progress. All of these factors have contributed to Africa's sluggish transition, for which it has been (often unfairly) criticised.

The cruel irony is that – even though Africa is far from the leading perpetrator behind the world's current carbon status (the continent is estimated to contribute less than 4% to global greenhouse gas emissions, making it one of the lowest emitters in the world) – it is one of the regions most vulnerable to the effects of climate change.

Africa's temperature increases surpass the global average, while multi-year droughts in some regions juxtaposed by extreme flooding in others have become the norm. Without targeted intervention, an estimated 118 million Africans living in extreme poverty will face increased exposure to droughts, floods, and extreme heat in the coming years, further straining poverty alleviation efforts and economic growth.

African countries are estimated to lose 2–5% of their gross domestic product (GDP) annually and allocate up to 9% of their budgets to respond to climate extremes, according to the World Meteorological Organization's (WMO) State of the Climate in Africa 2023 report. In Sub-Sahara Africa, adaptation costs are projected to reach USD 30–50 billion by 2030, or 2–3% of the region's GDP. Yet, Africa is estimated to only receive around 3% of global climate finance.

Africa is not the biggest culprit of carbonisation – but it is one of its biggest victims.

African countries, in general, do not have the same funding capabilities as the developed world, and priorities also differ. Poverty alleviation and economic participation/upliftment are understandably at the top of the list for most African governments and this means that limited funding needs to be allocated accordingly. In addition, recent conversations have highlighted the higher cost of debt for African nations, when compared to other sovereign issuances in emerging markets.

Despite these significant challenges, Africa has a lot going for it: we're unburdened by the need to decarbonise an “old economy”, as is the case with our Western counterparts, and the continent is blessed with immense renewable energy potential. Strategically harnessing these assets could not only fast-track climate action but also unlock significant economic opportunities for the continent.

To get there, however, we need to change our perspective from believing that fossil fuels are the only road to job creation, political power and economic growth. It shouldn't be “either/or” but rather, “and”. We must aim for more choice, less reliance on one energy type, and greater sustainability.

Eradicating fossil fuels will not happen overnight; the losses from flipping the switch prematurely would be too great.

Rather, our focus should be on what can be added to the energy mix, and the steps we can take to reduce our carbon footprint. Take natural gas, for example, generally viewed as the “lesser” of the fossil fuel evils. Natural gas and renewable energy can be quite complementary as part of a balanced energy strategy, especially during the transition to a low-carbon future.

We've seen, in real-time, major oil and gas companies drilling more and backtracking on their renewable energy targets and efforts. Yet, when natural gas, a by-product of oil drilling, is captured and used as fuel it is combusted more efficiently, producing lower carbon dioxide (CO₂) emissions compared to coal or oil. However, must ensure it is properly handled, as gas flaring or venting has a massive negative environmental impact.

What has changed, however, is that the typical excuse that renewable energy is “too expensive” has lost all weight. The build cost of renewable energy has reduced substantially over recent years while the trend for electricity grid prices in most countries has done the opposite. Globally, fuel prices have been highly volatile, with prices escalating in most countries on the back of political upheaval in the Middle East and Ukraine / Russia. And when compared to traditional power tariffs in countries like South Africa, annual renewable energy escalations are negligible.

The battle is no longer between clean energy and cheap energy; it is now significantly more affordable to go the renewable route.

Renewable energy is the continent's real sunrise sector.

The South African renewables industry has proven a case study for the rest of the continent. It has seen substantial involvement from the private sector, which has led to significant capital investment to maintain and improve infrastructure. It's creating jobs in both metros and rural areas, with a prime example being our SunCentral solar farm development in De Aar, Northern Cape where our operations will create more than 460 permanent and contract jobs. And innovations in renewable energy are saving SA businesses vast amounts of money, with solutions such as on-site solar, electricity wheeling, energy trading and aggregation helping make the switch to green energy not only possible but also profitable in the commercial and industrial sectors.

With the rise of the Independent Power Producer (IPP), African governments don't have to drive this transition on their own anymore. Each sector has a critical role to play, with success breeding more success.

Africa stands at a critical juncture, where the challenges of climate change intersect with the opportunity to redefine its energy future. The path to decarbonisation should neither be a sprint nor a stumble – it must be a deliberate, phased journey involving the collective effort of all stakeholders.

By embracing a balanced energy mix, encouraging innovation, and leveraging deregulation, Africa can transition to a low-carbon future without compromising its socio-economic priorities. Renewable energy isn't just an environmental imperative – it's an economic opportunity, a job creator, and a cornerstone for sustainable development.

It's time to flip the switch.

Distributed by APO Group on behalf of Starsight Energy.

Read moreIs Decarbonisation Possible for Africa?

Eskom suspends power interruption notice against City of Joburg, City Power

Location: News

Eskom suspends power interruption notice against City of Joburg, City Power

Eskom has suspended its Promotion of Administrative Justice Act (PAJA) notice of potential power interruption against the City of Joburg (CoJ) and City Power issued last month. 

According to the State-owned power utility, this is to allow the Minister of Electricity and Energy’s process undertaken by an independent expert regarding alleged historical overbilling to be concluded.

Following the Minister’s engagement with the Johannesburg Executive Mayor Dada Morero, executives from the CoJ, City Power and Eskom on 11 November 2024, an agreement was reached that an independent expert would be appointed to undertake a process to look into the disputed alleged overbilling of approximately R3.4 billion by 25 November 2024.

“This deadline was subsequently extended to 6 December 2024 for the report to be delivered to the Minister. Eskom continues to fully support the process,” Eskom said on Monday.

The utility said the CoJ and City Power were expected to pay R1.4 billion for the September 2024 invoice, which was withheld for Eskom to suspend the PAJA notice. 

The City and City Power have since paid Eskom R1.3 billion, which is short of the agreed R1.4 billion. 

“The October 2024 invoice of R1.3 billion that was due to be paid by Friday 29 November 2024 remains unpaid at this time. CoJ and City Power have committed to make a further payment by Friday, 6 December 2024, towards the debt.” 

Following the submission of the independent report, Eskom said it will wait for a report from the Minister on the findings from the independent expert.

“Eskom will update stakeholders and the media, as and when there are new developments.” – SAnews.gov.za

Gabisile
Tue, 12/03/2024 - 11:19

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Government resolute to protect the economy amid tax pressures

Location: News

Government resolute to protect the economy amid tax pressures

As South Africa faces rising tax pressures and energy costs, Deputy Minister of Electricity and Energy, Samantha Graham-Maré has reassured businesses and citizens that the government is working hard to protect jobs and drive economic growth in the face of these new challenges.

“With coal still powering nearly 80% of our electricity, the upcoming Scope 2 tax on indirect emissions and the European Union’s Carbon Border Adjustment Mechanism (CBAM) threaten to raise costs for businesses and put R52.4 billion in exports at risk,” the Ministry of Electricity and Energy said on Monday.

By 2034, South African companies could face up to a 60% increase in electricity costs due to these new carbon taxes, with rates expected to jump from R190 to R462 per tonne by 2030. 

As current tax allowances are gradually phased out, some industries may see an overwhelming 340% increase in carbon tax payments. However, there is a path forward to secure jobs and promote growth.

The Deputy Minister emphasised that now is the time to invest in cleaner, cost-effective energy sources to build a more resilient, sustainable economy for all South Africans.

“Our priority is protecting jobs and strengthening our economy. By embracing renewable energy, we’re not only reducing emissions but creating new opportunities for growth, securing our industries’ future, and keeping South African businesses competitive in a global market that values sustainability. Transitioning to cleaner energy is essential for maintaining profitability and creating a brighter future,” Graham- Maré said.

The Ministry has assured business that government stands ready to work with it to unlock the potential of renewables, helping reduce dependence on coal, stabilise energy prices, and secure a prosperous future for South African workers and families.

“Together, we can protect jobs, build resilience, and pave the way for sustainable economic growth. Energy efficiency means job creation,” the Ministry said. -SAnews.gov.za

nosihle
Tue, 12/03/2024 - 09:28

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Eskom Suspends Potential Power Interruption Notice Against City of Johannesburg and City Power

Location: Business

Monday, 2 December 2024: Eskom has suspended its Promotion of Administrative Justice Act (PAJA) notice of potential power interruption against the City of Johannesburg (CoJ) and City Power (CP) issued on Thursday 7 November 2024. This is to allow the Minister of Electricity and Energy’s (MoEE) process undertaken by an independent expert regarding alleged historical...

Read moreEskom Suspends Potential Power Interruption Notice Against City of Johannesburg and City Power

The City of Tshwane Signs a Payment Arrangement Plan to Settle Its R6.6 Billion Debt

Location: Business

Monday, 2 December 2024: Eskom is pleased to announce that the City of Tshwane has signed a payment arrangement plan to settle its R6, 661 123 246. (Six billion, six-hundred and sixty-one million, one-hundred and twenty-three thousand two hundred and forty-six) debt owed to the power utility. Eskom had taken Tshwane to court for bulk...

Read moreThe City of Tshwane Signs a Payment Arrangement Plan to Settle Its R6.6 Billion Debt

Diesel Savings Continue to Climb, Amounting to R17.37 Billion Year-On-Year

Location: Business

Friday, 29 November 2024: The investment in the generation recovery plan continues to deliver results with loadshedding remaining suspended for over eight months (247 consecutive days) since 26 March 2024, due to ongoing structural improvements in the coal-fired fleet. These improvements are contributing to economic growth and energy security. The recovery plan has resulted in...

Read moreDiesel Savings Continue to Climb, Amounting to R17.37 Billion Year-On-Year

Collective effort to alleviate poverty, reduce inequality

Location: News

Collective effort to alleviate poverty, reduce inequality

As South Africa marks 30 years of democracy, President Cyril Ramaphosa has acknowledged the great progress government has made in lifting millions of South Africans out of absolute poverty.

The President was delivering his annual address to the National Council of Provinces (NCOP) in Parliament, Cape Town on Thursday. 

The address and debate was held under the theme: “Dedicating our Efforts Towards Reducing Poverty and Tacking the High Cost of Living”.

The President highlighted that in 1993, 71% of South Africans lived in poverty, by 2010 the poverty rate had dropped to 61% and in 2020, it was at 56%.   

He further acknowledged that people’s lived experiences confirm the persistence of poverty and inequality.

“As we work to rebuild the economy, to create more employment and open opportunities for emerging businesses, we continue to assist the poorest and most vulnerable in our society.

“We provide various forms of support and protection through the ‘social wage’.  This includes the provision of social grants, free basic services, health care, basic education, higher education, social housing and transport. When debt servicing costs are excluded, around 60% of government’s budget is spent on the social wage,” the President said. 

President Ramaphosa said that while parties in the Government of National Unity differ on certain issues, they have committed themselves to inclusive economic growth and accelerated job creation.

“They have committed themselves to reduce poverty and tackle the high cost of living.  And, to advance these priorities, the parties to the Government of National Unity have committed themselves to build a capable, ethical and developmental state.

“The decision by the NCOP to dedicate this debate to focus on our collective efforts to reduce poverty and tackle the high cost of living is a worthy and timely response to the mandate of the people,” the President said.

President Ramaphosa emphasised that a vital part of the effort to reduce the cost of living is the provision of a free basic minimum of services to indigent households.

Through this programme, millions of people have been able to access basic needs like electricity and water.

He highlighted that social grants remain a lifeline for millions of people, particularly children, the elderly and persons with disabilities.

“The introduction of the Social Relief of Distress Grant during the COVID-19 pandemic has provided much-needed relief to as many as 11 million unemployed people at its peak. Today, around a half of all households in South Africa benefit from social grants.

“Among the measures to ensure that all South Africans have affordable access to sufficient food, government is looking at whether the basket of food items that is exempted from VAT could be expanded to include more basic products,” he said. – SAnews.gov.za

DikelediM
Thu, 11/28/2024 - 15:00

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Eskom issues disconnection notice for services to Free State municipality

Location: News

Eskom issues disconnection notice for services to Free State municipality

Eskom has announced the publication of a disconnection notice for bulk electricity supply to Tokologo Local Municipality in the Free State due to an unpaid debt of R300 million.

The state-owned power utility said the action is per the provisions of the Promotion of Administrative Justice Act (PAJA).

“Should Eskom proceed with the disconnection, bulk electricity supply to Boshof, Seretse, Dealesville, and Hertzogville will be interrupted daily from 31 January 2025 for a set number of hours per day,” the Eskom statement read. 

Eskom said the municipality currently owes them R328 711 887 for the bulk supply of electricity, excluding the current account of a further R3 682 099, which became due and payable on 20 November 2024.

According to the utility, the last payment Eskom received from the municipality was R150 000 on 5 October 2021.

“The municipality charges, collects, and receives money from its customers for the supply of electricity but fails to hand over the portion due to Eskom. 

“This is at Eskom’s detriment and it is not sustainable. The municipality is responsible for discharging a constitutional obligation but decides to withhold payments to Eskom. The decision by Eskom to proceed with the process to disconnect electricity supply is a measure of last resort to prevent the debt from spiralling out of control.”

Eskom said the municipality’s breach of its payment obligation to Eskom undermines and places in jeopardy Eskom’s ability to continue the national supply of electricity on a financially sustainable basis. 

“Eskom must exercise its right to disconnect the supply of electricity to the municipality to protect the national interest in the sustainable supply of electricity to support economic growth.” 

The entity has since invited all affected parties to submit written representations, comments, or submissions indicating why Eskom should or should not proceed to reduce, disconnect, or terminate the bulk electricity supply points. 

The closing date for submissions will be close of business on 6 January 2025 and Eskom will communicate the final decision on or before 16 January 2025. 

“Eskom appreciates the hardships the community and the economy will suffer should it exercise its statutory powers to disconnect the municipality. There are no other meaningful options available for Eskom to stop the debt from growing and to collect for current consumption on bulk supply.” 

Eskom outlined interventions by stakeholders to empower the municipality to pay its Eskom debt since 2021. 

“Despite all the avenues that Eskom explored and efforts to accommodate the municipality, the matter has reached a point where Eskom can simply no longer afford to accommodate the municipality without further financial strain and harming its own business. 

“In terms of the Constitution and the Intergovernmental Relations Framework, the municipality is supposed to cooperate and assist Eskom with fulfilling its mandate of ensuring that citizens have access to affordable electricity. 

“The municipality has breached these obligations by not paying Eskom for the bulk electricity it supplies, making it impossible for Eskom to fulfill its mandate.” – SAnews.gov.za

Gabisile
Thu, 11/28/2024 - 12:55

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Eskom hails meter upgrade project as a success

Location: News

Eskom hails meter upgrade project as a success

With Eskom hailing the completion of its pre-paid meter upgrade project as a success, the power utility has requested the approximately 1.7 million “zero buyers” to upgrade their meters before the deadline.

“The result of this technology changeover has brought Eskom around 400 000 previous zero buyers to become new paying customers and provided us with a wealth of data to bring further zero buyers into legitimately purchasing electricity,” Eskom Group Chief Executive Dan Marokane said on Wednesday during a media briefing in Cape Town.

All prepayment meters have to be upgraded to the Key Revision Number version 2 (KRN 2) as the STS technology for prepayment meters will stop accepting new credit tokens. This is due to the expiry of these vending codes.

This will mean they will stop dispensing electricity after the existing credit is used up, thus making the meter inactive.

“Eskom has successfully completed its pre-paid meter Key Revision Number (KRN) rollover project. Starting off with a customer base of 6.91 million prepaid customers, all customers have been converted to KRN 2. 

“A data cleaning exercise fully updated the incomplete details of 341 000 customers to bring Eskom’s base to 7.25 million. As of 24 November 2024, approximately 5.5 million customers (which includes the around 400 000 zero buyers, who have become paying customers) have successfully rolled over and are transacting on KRN 2.

“Eskom is currently observing a decrease in the zero buyer numbers to around 1.7 million from the previous 12-month rolling average of 2.1 million. We request these customers to do what is right by Friday, 13 December 2024, by visiting their nearest Eskom sites,” the power utility said.

Eskom said all paying customers who had bought electricity before the deadline and have had their meters made KRN 2 compliant and who are experiencing difficulty will be assisted to complete the process and will not be unfairly penalised. 

These customers are advised to use Alfred the chatbot, Eskom Contact Centre: Interactive Voice Response (IVR) and WhatsApp.

“For those zero buyers who bought electricity before the deadline and were unable to load their meters, they must bring their slips/tokens to the nearest Eskom Hub by Friday 13 December 2024 to be assisted. Customers are urged not to wait for the last day of the extension.

“Zero buyers who bought electricity before the deadline but have a meter-related matter such as a lost, bypassed, or tampered meter, must come forward at Eskom centres by Friday 13 December 2024. Their individual situations will be assessed, tamper fines issued if required and meter updates and replacements will then be scheduled,” Eskom said.

Those who have come forward but did not buy or attempt to buy electricity tokens by 24 November 2024 are encouraged to purchase electricity tokens before 13 December 2024.

Their meters will be audited, and tamper fines and meter replacement costs will be assessed and issued accordingly. They can come forward at any time.

“In the past 10 days, we saw zero buyers coming forward in huge numbers wanting to buy electricity and do the right thing. We will continue to treat these users with dignity and respect as we resolve these issues for all of them who did the right thing. 

“We acknowledge also that this was a complex process presenting a challenging set of issues and was at times fraught and we continue to monitor and stabilise the system to ensure a smooth customer experience,” Eskom’s Group Executive for Distribution, Monde Bala, said.

Marokane said the power utility was doing everything that is practically possible to make users of electricity pay for it in the interest of those who already pay for electricity, maintain the sustainability of Eskom to drive the economic growth of South Africa and reduce the burden on the taxpayer. - SAnews.gov.za

 

nosihle
Wed, 11/27/2024 - 12:29

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Pre-paid Meter Rollover Project Brings in Around 400,000 Zero Buyers

Location: Business

Wednesday 27 November 2024: Eskom has successfully completed its pre-paid meter Key Revision Number (KRN) rollover project. Following the deadline being reached for the pre-paid meters to be updated to KRN 2 at 20:15 on Sunday, 24 November 2024, the key initial findings indicate: Recommended actions to be taken. “In the past ten days, we...

Read morePre-paid Meter Rollover Project Brings in Around 400,000 Zero Buyers

Eskom’s Credit Ratings Upgraded From Stable to Positive

Location: Business

Wednesday, 27 November 2024: Eskom welcomes the announcement by S&P Global Ratings (“S&P Global”) upgrading Eskom’s ‘B’ long-term global scale foreign and local currency ratings from stable to positive. S&P also affirmed Eskom’s ‘B’ issue rating on the group’s senior unsecured debt and the ‘BB-’ foreign currency issue ratings on the government guaranteed debt. Furthermore, Eskom’s...

Read moreEskom’s Credit Ratings Upgraded From Stable to Positive

Cutting red tape can accelerate renewable energy development

Location: News

Cutting red tape can accelerate renewable energy development

Deputy Minister of Electricity and Energy, Samantha Graham-Maré, says reforms aimed at cutting red tape in the renewable energy sector are critical for accelerating projects and the development of critical energy infrastructure.

“In recent discussions with key stakeholders across the renewable energy sector, it has become clear that while South Africa has made significant strides in renewable energy, there are still bureaucratic hurdles slowing down progress. 

“We must act now to remove these obstacles and unlock the full potential of our renewable energy future,” Graham-Maré said.

Projects in that sector are facing challenges, including obtaining Section 53 approvals under the Mineral and Petroleum Resources Development Act, zoning and land-use approvals, lengthy procurement processes, and the slow pace of grid access, including distribution and transmission bottlenecks.

“Together with quick application and permitting processes, these reforms will empower developers to calculate tariffs more efficiently, secure better financing, and break ground sooner. This approach will drive rapid job creation, enable predictable demand for local SMMEs supporting these projects, and accelerate energy security," the Deputy Minister said.

Graham-Maré said that with less hurdles, investment in renewable energy can flourish.

“With decisive action, we can build on the positive momentum already created and position South Africa as a leader in renewable energy investment. By creating a clear, predictable policy environment, we not only encourage investment but also accelerate the delivery of renewable energy solutions.

“Our focus is on creating an enabling environment, where local and international investors feel confident in supporting South Africa's renewable energy journey,” Graham-Maré said. – SAnews.gov.za

NeoB
Mon, 11/25/2024 - 10:40

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Eskom Marks Its Longest Stretch of Uninterrupted Power Supply in Five Years

Location: Business

Friday, 22 November 2024: Loadshedding remains suspended for 240 consecutive days since 26 March 2024, contributing to economic growth and energy security as a result of further structural improvement in the coal-fired fleet. The plan has resulted in year-on-year diesel savings of R16.33 billion, approximately 71.2% less than the R22.94 billion spent during the same...

Read moreEskom Marks Its Longest Stretch of Uninterrupted Power Supply in Five Years

Eskom Finalises a Technical Breakthrough Allowing Zero Buyers to Convert Their Meters to KRN2 Beyond the 24 November 2024 Deadline

Location: Business

Friday, 22 November 2024: Current zero buyers with active meters have been granted an extension to update their meters to be KRN2 (Key Revision Number 2) compliant beyond the 24 November 2024 deadline. A technological breakthrough has enabled Eskom to pre-create Key Change Tokens (KCT) on its online vending system. Zero buyers in this situation...

Read moreEskom Finalises a Technical Breakthrough Allowing Zero Buyers to Convert Their Meters to KRN2 Beyond the 24 November 2024 Deadline

ICC Pre-trial Chamber I Rejects the State of Israel’s Challenges to Jurisdiction and Issues Warrants of Arrest for Benjamin Netanyahu and Yoav Gallant

Location: News
International Criminal Court (ICC)

Today, on 21 November 2024, Pre-Trial Chamber I of the International Criminal Court (‘Court') (www.ICC-cpi.int), in its composition for the Situation in the State of Palestine, unanimously issued two decisions rejecting challenges by the State of Israel (‘Israel') brought under articles 18 and 19 of the Rome Statute (the ‘Statute'). It also issued warrants of arrest for Mr Benjamin Netanyahu and Mr Yoav Gallant.

Decisions on requests by the State of Israel

The Chamber ruled on two requests submitted by the Israel on 26 September 2024. In the first request, Israel challenged the Court's jurisdiction over the Situation in the State of Palestine in general, and over Israeli nationals more specifically, on the basis of article 19(2) of the Statute. In the second request, Israel requested that the Chamber order the Prosecution to provide a new notification of the initiation of an investigation to its authorities under article 18(1) of the Statute. Israel also requested the Chamber to halt any proceedings before the Court in the relevant situation, including the consideration of the applications for warrants of arrest for Mr Benjamin Netanyahu and Mr Yoav Gallant, submitted by the Prosecution on 20 May 2024.

As to the first challenge, the Chamber noted that the acceptance by Israel of the Court's jurisdiction is not required, as the Court can exercise its jurisdiction on the basis of territorial jurisdiction of Palestine, as determined by Pre-Trial Chamber I in a previous composition. Furthermore, the Chamber considered that pursuant to article 19(1) of the Statute, States are not entitled to challenge the Court's jurisdiction under article 19(2) prior to the issuance of a warrant of arrest. Thus Israel's challenge is premature. This is without prejudice to any future possible challenges to the Court's jurisdiction and/or admissibility of any particular case.

Decision on Israel's challenge to the jurisdiction of the Court pursuant to article 19(2) of the Rome Statute (https://apo-opa.co/4i2p05M)

The Chamber also rejected Israel's request under article 18(1) of the Statute. The Chamber recalled that the Prosecution notified Israel of the initiation of an investigation in 2021. At that time, despite a clarification request by the Prosecution, Israel elected not to pursue any request for deferral of the investigation. Further, the Chamber considered that the parameters of the investigation in the situation have remained the same and, as a consequence, no new notification to the State of Israel was required. In light of this, the judges found that there was no reason to halt the consideration of the applications for warrants of arrest.

Decision on Israel's request for an order to the Prosecution to give an Article 18(1) notice (https://apo-opa.co/40Y6DsN)

Warrants of arrest

The Chamber issued warrants of arrest for two individuals, Mr Benjamin Netanyahu and Mr Yoav Gallant, for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest.

The arrest warrants are classified as ‘secret', in order to protect witnesses and to safeguard the conduct of the investigations. However, the Chamber decided to release the information below since conduct similar to that addressed in the warrant of arrest appears to be ongoing. Moreover, the Chamber considers it to be in the interest of victims and their families that they are made aware of the warrants' existence.

At the outset, the Chamber considered that the alleged conduct of Mr Netanyahu and Mr Gallant falls within the jurisdiction of the Court. The Chamber recalled that, in a previous composition, it already decided that the Court's jurisdiction in the situation extended to Gaza and the West Bank, including East Jerusalem. Furthermore, the Chamber declined to use its discretionary proprio motu powers to determine the admissibility of the two cases at this stage. This is without prejudice to any determination as to the jurisdiction and admissibility of the cases at a later stage.

With regard to the crimes, the Chamber found reasonable grounds to believe that Mr Netanyahu, born on 21 October 1949, Prime Minister of Israel at the time of the relevant conduct, and Mr Gallant, born on 8 November 1958, Minister of Defence of Israel at the time of the alleged conduct, each bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.

The Chamber also found reasonable grounds to believe that Mr Netanyahu and Mr Gallant each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population.

Alleged crimes

The Chamber found reasonable grounds to believe that during the relevant time, international humanitarian law related to international armed conflict between Israel and Palestine applied. This is because they are two High Contracting Parties to the 1949 Geneva Conventions and because Israel occupies at least parts of Palestine. The Chamber also found that the law related to non-international armed conflict applied to the fighting between Israel and Hamas. The Chamber found that the alleged conduct of Mr Netanyahu and Mr Gallant concerned the activities of Israeli government bodies and the armed forces against the civilian population in Palestine, more specifically civilians in Gaza. It therefore concerned the relationship between two parties to an international armed conflict, as well as the relationship between an occupying power and the population in occupied territory. For these reasons, with regards to war crimes, the Chamber found it appropriate to issue the arrest warrants pursuant to the law of international armed conflict. The Chamber also found that the alleged crimes against humanity were part of a widespread and systematic attack against the civilian population of Gaza.

The Chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity, from at least 8 October 2023 to 20 May 2024. This finding is based on the role of Mr Netanyahu and Mr Gallant in impeding humanitarian aid in violation of international humanitarian law and their failure to facilitate relief by all means at its disposal. The Chamber found that their conduct led to the disruption of the ability of humanitarian organisations to provide food and other essential goods to the population in need in Gaza. The aforementioned restrictions together with cutting off electricity and reducing fuel supply also had a severe impact on the availability of water in Gaza and the ability of hospitals to provide medical care.

The Chamber also noted that decisions allowing or increasing humanitarian assistance into Gaza were often conditional. They were not made to fulfil Israel's obligations under international humanitarian law or to ensure that the civilian population in Gaza would be adequately supplied with goods in need. In fact, they were a response to the pressure of the international community or requests by the United States of America. In any event, the increases in humanitarian assistance were not sufficient to improve the population's access to essential goods.

Furthermore, the Chamber found reasonable grounds to believe that no clear military need or other justification under international humanitarian law could be identified for the restrictions placed on access for humanitarian relief operations. Despite warnings and appeals made by, inter alia, the UN Security Council, UN Secretary General, States, and governmental and civil society organisations about the humanitarian situation in Gaza, only minimal humanitarian assistance was authorised. In this regard, the Chamber considered the prolonged period of deprivation and Mr Netanyahu's statement connecting the halt in the essential goods and humanitarian aid with the goals of war.

The Chamber therefore found reasonable grounds to believe that Mr Netanyahu and Mr Gallant bear criminal responsibility for the war crime of starvation as a method of warfare.

The Chamber found that there are reasonable grounds to believe that the lack of food, water, electricity and fuel, and specific medical supplies, created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, which resulted in the death of civilians, including children due to malnutrition and dehydration. On the basis of material presented by the Prosecution covering the period until 20 May 2024, the Chamber could not determine that all elements of the crime against humanity of extermination were met. However, the Chamber did find that there are reasonable grounds to believe that the crime against humanity of murder was committed in relation to these victims.

In addition, by intentionally limiting or preventing medical supplies and medicine from getting into Gaza, in particular anaesthetics and anaesthesia machines, the two individuals are also responsible for inflicting great suffering by means of inhumane acts on persons in need of treatment. Doctors were forced to operate on wounded persons and carry out amputations, including on children, without anaesthetics, and/or were forced to use inadequate and unsafe means to sedate patients, causing these persons extreme pain and suffering. This amounts to the crime against humanity of other inhumane acts.

The Chamber also found reasonable grounds to believe that the abovementioned conduct deprived a significant portion of the civilian population in Gaza of their fundamental rights, including the rights to life and health, and that the population was targeted based on political and/or national grounds. It therefore found that the crime against humanity of persecution was committed.

Finally, the Chamber assessed that there are reasonable grounds to believe that Mr Netanyahu and Mr Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza. In this regard, the Chamber found that the material provided by the Prosecution only allowed it to make findings on two incidents that qualified as attacks that were intentionally directed against civilians. Reasonable grounds to believe exist that Mr Netanyahu and Mr Gallant, despite having measures available to them to prevent or repress the commission of crimes or ensure the submittal of the matter to the competent authorities, failed to do so.

Background

On 1 January 2015, The State of Palestine lodged a declaration under article 12(3) of the Rome Statute accepting jurisdiction of the Court since 13 June 2014.

On 2 January 2015, The State of Palestine acceded to the Rome Statute by depositing its instrument of accession with the UN Secretary-General. The Rome Statute entered into force for The State of Palestine on 1 April 2015.

On 22 May 2018, pursuant to articles 13(a) and 14 of the Rome Statute, The State of Palestine referred to the Prosecutor the Situation since 13 June 2014, with no end date. 

On 3 March 2021, the Prosecutor announced the opening of the investigation into the Situation in the State of Palestine. This followed Pre-Trial Chamber I's decision (https://apo-opa.co/4fYvUHo) on 5 February 2021 that the Court could exercise its criminal jurisdiction in the Situation and, by majority, that the territorial scope of this jurisdiction extends to Gaza and the West Bank, including East Jerusalem. 

On 17 November 2023, the Office of the Prosecutor received a further referral of the Situation in the State of Palestine, from South Africa, Bangladesh, Bolivia, Comoros, and Djibouti, and on 18 January 2024, the Republic of Chile and the United Mexican State additionally submitted a referral to the Prosecutor with respect to the situation in The State of Palestine.

Distributed by APO Group on behalf of International Criminal Court (ICC).

For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: fadi.el-abdallah@icc-cpi.int

You can also follow the Court's activities on Twitter (https://apo-opa.co/3CE1oV7), Facebook (https://apo-opa.co/4fUFF9J), Tumblr (https://apo-opa.co/40ZF16K), YouTube (https://apo-opa.co/3OnCATX), Instagram (https://apo-opa.co/4g1UEyR) and Flickr https://apo-opa.co/3CHEUT9).

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SARB announces repo rate cut

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SARB announces repo rate cut

The South African Reserve Bank’s Monetary Policy Committee (MPC) has - in a unanimous decision - decided to cut the repo rate by 25 basis points, bringing it down from 8% to 7.75% with effect from Friday.

This is the second consecutive repo rate cut announced by Reserve Bank Governor Lesetja Kganyago following a meeting of the bank’s MPC.

“The committee agreed that reducing the level of policy restrictiveness is still consistent with achieving the inflation target,” Kganyago said.

He warned, however, that the risk outlook “requires a cautious approach”.

“Global interest rates could well shift higher again and the recent Rand depreciation demonstrates how rapidly changes in the global environment can affect South Africa.

“The forecast sees rates easing further in future, stabilising a bit above 7%. But this rate path from the Quarterly Projection Model remains a broad policy guide. The MPC would like to emphasise that its decisions will be made on a meeting-by-meeting basis, with no forward guidance and no pre-commitment to any specific rate path. 

“Such decisions will continue to be outlook dependent, responsive to data developments, and sensitive to the balance of risks to the forecast,” he said.

Kganyago’s announcement comes on the heels of an announcement by Statistics South Africa that inflation had dipped to 2.8% - its lowest since June 2020.

This is also below the SARB’s inflation target range of between 3 – 6%.

In this regard, Kganyago said the SARB has assessed risks to inflation outlook as “balanced”.

“[We] anticipate inflation expectations will moderate further. These expectations have been quite backward-looking, with higher past inflation projected well into the future. Survey expectations remain above our midpoint objective.

“We expect that our policy stance, and the experience of lower inflation, will anchor expectations more firmly at lower levels.

“In the near term, inflation appears well contained. However, the medium-term outlook is highly uncertain, with material upside risks. These include higher prices for food, electricity and water, as well as insurance premiums and wage settlements,” Kganyago said. – SAnews.gov.za

 

NeoB
Thu, 11/21/2024 - 15:26

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Read moreSARB announces repo rate cut