21 MAY 2010  

 

EXECUTIVE NEWS

 

Last week’s Council meeting was postponed because President Deon Theron had been invited to speak to a forum of South African farmers in South Africa who wished to share thoughts and ideas to overcome the problems caused in the implementation of land reform in our respective countries. The loss of the security of tenure and productivity were the issues of most common concern.

 

Council was therefore held this week and the President chose to have a closed session in which a number of in-house administrative issues were dealt with to clear the way for our new structures which have been established within the Union to cope with the new demands of the membership. The individual needs of the membership have changed somewhat over the years so new systems had to be discussed as well as ways to clear any impediments in the way forward.

 

We have a very strong, active and united team which is working closely together on your behalf to work towards bringing about a swift and permanent resolution to the ongoing crisis facing agriculture in Zimbabwe.

 

The Robin Banks event was held last night at the Celebration Centre in Harare and was attended by over 500 people who thoroughly enjoyed the show. Some of the proceeds will come to the Union.

 

Some disturbing news has come from the Beitbridge Border Post where, firstly, people who have gone on holiday with their family pets or taken animals like horses across the border to Onderstepoort for treatment have been stranded on the other side with the ungazetted and wide ranging Rift Valley Fever restrictions.

 

Our members should note that whereas before dogs were allowed to be taken easily back and forth across the border the new restriction prohibits dogs from coming into Zimbabwe no matter what permits they may have been issued to travel out with. We even heard of a few people who were left stranded on the wrong side of the border with their pets so they unfortunately missed the Robin Banks Show.

 

Another disturbing bit of information recently given by a senior police officer in Messina was that over the last 12 months there have been some 822 incidents involving Zimbabwean vehicles on the 18km stretch of road between the border post and Messina. These incidents involved hijackings, robberies, assault and even murder. The officer is even quoted as saying that Zimbabwean travellers should not stop on the road for any reason and should also drive straight through Messina, Louis Trichardt and Polokwane as those are the towns where Zimbabwe vehicles are mostly targeted. His suggestion was that we stick to the motorways and only fill up with fuel at the ultra-cities on that network rather than venturing off onto those towns.

 

The border post on the Zimbabwean side has also attracted a lot of attention through the poor and slow service as well as the solicitation by touts who offer the speedier service which is backed up by further bribes allegedly being taken by officials who are really there to carry out a necessary government service.

 

We hear of another recent case in which a new operator in the hospitality industry (safari guiding) was intentionally held up at the border for over 5 hours regardless of the fact he had previously done all the clearance before his departure to purchase the goods in South Africa.

 

The delay caused the vehicle to be in the customs yard long after dark during which time a passenger in the vehicle had to literally fight off a number of determined thieves who were constantly attempting to loot the vehicle. No police, security officials or any other official came to his aid.

 

We have recently spoken of a spate of attempted hijackings when farmers have been collecting wages for their staff at the banks. However, the most recent trend has been taking place in some busy supermarkets where a few farmers’ wives who are shopping have had handbags stolen or pilfered with cash and cellphones being stolen.

 

On the farms themselves we are still receiving a few reports of attempted disturbances but there does not appear to be a single set trend in what is happening at the moment. On the one side we have a report that orders have been given to the police from their hierarchy to react to reports of problems on the farms. There has also been a rumour of a “Presidential Decree” recently issued to protect all dairy farmers. However, none of these can be confirmed.

 

The pressure on our young farmers leasing farms from ‘black’ genuine owners of farms in that the level of those threats to those owners has somewhat decreased. The threat has dropped from acquisition of those properties to refusing them access to whatever subsidised inputs which may be made available during the forthcoming planting seasons.

 

We once again seek your assistance in reporting all incidents on farms (no matter how mundane you may view them) and court appearances to Mike Clark on [email protected] Be assured that any information forthcoming is held in the strictest confidence.

 

On the legal side our response to the Respondents’ opposing affidavit in the Supreme Court case were filed on Monday and the next step would be for both sides to prepare their Heads of Argument. Although our Responding Affidavit took a while to prepare we are very confident about the success of our arguments. The fact that only one of the seven Respondents bothered to respond also adds to the merits of the case. After that the date of the actual hearing and success of the application is out of our hands but it is imperative that a moratorium on the prosecutions and evictions comes about as soon as possible.

 

We read in the news that a German Bank has taken possession of 7 houses in South Africa belonging to the Zimbabwean Government. At first we were a bit disappointed as we viewed it as a case of “when you snooze you lose”. However, after consultation with our legal team and strategists it is probably the best thing that could have happened as it brings an international involvement into play, rather than being purely a ‘white’ farmer issue. The litigation in South Africa is still firmly on track and can only be reinforced by the reported seizures.

 

There have been some queries about the Valuation Consortium’s methods of valuation and fees recently. A booklet is therefore being produced which will be distributed on the email and will cover most of the areas which are being queried the most.

 

As a matter of interest the consortium recently made a presentation on their proposed methods of valuation to several interested embassies and other officials. It is reported that they were ‘blown away’ with the method shown and just how in-depth they have gone that they all fully supported their methods and our initiative. There are a lot of desperate elderly people out there whose only hope is for a rapid resolution of all the impediments standing in the way of the payouts.

 

On the labour front many of our farmers are now being targets by visits from H-GAPWUZ, which is an affiliate of ZFTU, which is a political opposition to ZCTU. Many of our farmers are being harassed to provide back-pay in accordance with the latest collective bargaining agreement.

 

We appeal to all members not to pay back-pay until the Union has exhausted all legal remedies. We once again suggest that our members do not go along with this directive and request that those parties promoting the payment on your farm should put in writing the request for the payments which you should bring to the attention of Marc Carrie-Wilson on [email protected]

 

With regard the Indigenisation Act the following brief has been published by Veritas:

Indigenisation Regulations: Extension of Deadline to 30th June Gazetted

SI 95/2010, gazetted on 14th May, [electronic version available on request] extends the deadline for businesses to submit their IDG 01 forms and indigenisation implementation plans.  The original deadline of 15th April was extended to 15th May by Ministerial announcement and SI 95 extends it to 30th June.  SI 95 also gives new businesses 75 days in which to submit form IDG 01 and indigenisation plans, in place of the 60 days allowed by the original regulations.  It is only after the new deadline elapses, that the Minister of Youth Development, Indigenisation and Empowerment [Minister Kasukuwere] can take formal steps to compel non-compliant businesses to submit their forms and plans by serving notice on them to do so.  And, it is only when there is non-compliance after notice has been served that a business can be prosecuted [see Bill Watch 17 of 16th April for more detail]. 

Still No Other Amendments

The amendment agreed between the Parliamentary Legal Committee [PLC] and Minister Kasukuwere has still not been gazetted.  This amendment would change the word “cede” in section 3, which was widely perceived as connoting takeover without compensation and which the PLC deemed unconstitutional.  Minister Kasukuwere has said the word “cede” had been misconstrued and that what was intended was “a fair transaction where full value is compensated for”.  Unless this amendment is made, however, the PLC will return an adverse report, in which case, if both Houses support the PLC report, that section of the regulations will be nullified.

Other amendments that have been talked about, such as increasing the asset threshold of companies to be indigenised, etc, have moved closer to gazetting, with the news that they were being considered by the Cabinet Committee on Legislation on 13th May.  A recent statement by the Minister said some amendments may be gazetted by the end of the month but these are not yet at the printers. 

When is the Minister Empowered to Cancel Licences?

Minister Kasukuwere has been reported as claiming that as well as prosecuting non-compliant businesses, he also has the power to cancel trading and similar licences held by businesses that do not submit their IDG 01 forms and indigenisation plans when given notice to do so.  In fact the Minister has no such power.  While there is a section of the Indigenisation and Economic Empowerment Act [IEE Act] that deals with cancellation of licences [section 5], it does not provide for cancellation of a licence where a business fails to submit its form IDG 01 and indigenisation plan.  It allows the Minister to have licences cancelled only where certain transactions – such as mergers or unbundlings of businesses, or transfers of controlling interests – take place without prior notification to the Minister.

Do ALL Businesses Have to Submit Indigenisation Plans?

A Bill Watch reader questioned the statement in Bill Watch 6/2010 that the obligation to submit an indigenisation implementation plan applies only to businesses with an asset value of more than US $500 000 that are not already majority-owned by indigenous Zimbabweans.  He points out that section 4(2) of the Indigenisation Regulations requires “every business” not already indigenised to submit an indigenisation plan and does not specifically say that this refers only to businesses with an asset value of more than US $500 000.  This is true, but section 4(2) also says that the plan must be submitted “together with Form IDG 01”.  Therefore it seems the better interpretation is that only businesses above the US $500 000 threshold have to submit indigenisation plans, because:

·         Only firms with assets exceeding US $500 000 are specifically required to submit Form IDG 01 [so the clear implication is that smaller firms are not required to do so]. 

·         Section 3 of the regulations states that their purpose is that “every business of or above the prescribed value threshold” [this is the $500 000 limit] must cede a controlling interest to indigenous Zimbabweans.  If that is the objective of the regulations, there seems no point in requiring smaller businesses to submit indigenisation plans to the Minister – because it is not, apparently, the object of the regulations for their plans to be implemented.

National Indigenisation and Economic Empowerment Board Proposals

Proposed Indigenisation Levy

The chairman of the National Indigenisation and Economic Empowerment Board [NIEE Board], Mr David Chapfika, announced recently that consultations among stakeholders about imposing an indigenisation levy on companies had reached an advanced stage and that the levy would come “soon”.  The IEE Act allows for levies “on any private or public company or any other business” [IEE Act, sections 17 and 18].  A levy is imposed by the Minister by gazetting a statutory instrument but certain preliminaries must precede the gazetting:

·      the approval of the Minister of Finance must be obtained; and

·      the draft statutory instrument must be laid before and approved by resolution of Parliament [meaning both Houses of Parliament], something that cannot be completed until after the House of Assembly resumes sitting on 30th June. 

The statutory instrument imposing a levy must specify on what basis it is calculated, who must pay it, how it will be collected, etc.  Levy proceeds must go into the National Indigenisation and Economic Empowerment Fund [NIEE Fund], which is administered by the NIEE Board.  The objects of the NIEE Fund include providing financial assistance to indigenous Zimbabweans for “the financing of share acquisitions, the warehousing of shares under employee share ownership schemes or trusts and management buy-ins and buy-outs” and for “business start-ups, rehabilitation and expansion” [IEE Act, section 12].

Setting-up of Sectoral Committees of NIEE Board

Mr Chapfika has also announced the formation of 13 sector-specific committees of the NIEE Board to be chaired by Board members.  He invited sector stakeholders to put forward names of persons to sit on the committees, which will assist the Board in advising the Government on indigenisation.  The sectors are:  mining; energy; agriculture; manufacturing; construction; financial services; tourism and hospitality; education and sport services; trading; arts, entertainment and culture services; telecommunications and ICT.  More committees may be formed if needed.  These committees will be able to suggest amendments to the regulations. 

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

The Indigenisation Act and Regulations are available on our website www.cfuzim.org under the section “The Law, Acts and Statutory Instruments”, which is situated near the bottom of the index on the left hand side.

Also on our website you will find an article on the GMO potatoes which have recently been accepted by EU countries. See European Commission approves Amflora starch potato.

CASE AGAINST RESERVE BANK OF ZIMBABWE

At the height of our debilitating currency crisis and the events of the super-hyperinflation many of our farmers concentrated their efforts on producing commodities which were either exportable or which attracted payment in foreign exchange. Government, in turn also brought in many controls to both monitor and control the foreign exchange situation, which resulted in many of our farmers losing millions of United States dollars in capital, which had been seized by the Reserve Bank of Zimbabwe.

 

Your Union is has been very aware of this untenable situation for some time now and feel that perhaps the only solution lies though the intervention of the courts.

 

We are therefore prepared to undertake a joint court action on behalf of all those members of the Commercial Farmers’ Union who are still owed money by the Reserve Bank of Zimbabwe.

 

If you are interested in joining the joint court action please ensure your membership is up to date first and then send the details to Marc Carrie-Wilson on email [email protected] or contact him directly at the Union.  This is an urgent matter which should be responded to as soon as possible.

 

 

ARAC INFORMATION

 

Greetings from an invigorated ARAC Team! Last night we attended the Robin Banks motivational seminar. The man is a born comedian who manages to portray some very useful life empowering information in a thoroughly entertaining way. Clearly the power of thought and our ability to select what we do with our minds has an important impact on how we live and experience life. We are sure many shall be testing the material in the coming months; no doubt some lives will change!  We have a choice, it’s not the situation… it’s what we do about it! The ARAC team remains focused and determined to make a difference.

 

 On 13th May a combined group from CFU, ARAC and Valcon visited Marondera for a briefing with farmers. The meeting was attended by a group of around twenty farmers and their wives. Those present were able to see for themselves the detailed Valcon presentation on the way that their data base in support of farm valuations is built up.

 

The same presentation was made to a group of around twenty ambassadors the previous week and all were impressed by the considerable detail and professional way it has been put together. We are grateful to those who have called through our office and assisted us in filling some of the gaps on the data base. The maps in our office are rapidly becoming out of date, however they are there for anyone interested to come and view and add to. Each week the process is becoming more accurate and complete and together with the Valcon arrangement with CFU, will enable the compensation agenda to move forward effectively. We have had feedback from farmers following on from the meeting and we hope to get out into the districts and visit more farmers.

 

Last week we promised to give more detailed information on V P Louis Fick’s report on the SA nationals who were or are farming in Zimbabwe.

 

Willie Spies of Afriforum and VP Louis Fick were invited to SA Foreign Affairs for a meeting to find a way forward. The Chief Director Consular and his legal team were briefed on SA court cases, SADC, BIPPA and registration of SADC ruling in the High Court SA and on status and details of the affected SA Nationals and the current position summarized as follows:

 

1)     Regarding 441 SA Nationals of whom 53% are over the age of 60 – requested pension, medical and housing.

2)    Compensation – 10 years down the line.  This needs to be addressed.  Requested official engagements – SA farmers, Zimbabwe government, and SA government to start the negotiations for compensation for SA Nationals.  Mention was made of the CFU Agricultural Recovery Plan and continuing action to sell GOZ property in SA.

3)    Requested support for members still farming and the need to enjoy the protection offered by the BIPPA.

4)    Requested a delegation from SA to come to Zimbabwe to meet with farmers to get firsthand information on situation.

5)    Requested a meeting with one of the SA negotiators dealing with the GNU.

 

The meeting with SA Foreign Affairs was very positive on all of the above points and commitments and action to be taken on them was assured.  A delegation will fly to Zimbabwe shortly to meet with the group. Special thanks were made to Willie Spies who attended the meeting in spite of a family bereavement.

 

COMMODITY UPDATE

 

ZIMBABWE CROP PRODUCERS ASSOCIATION (from the desk of Richard Taylor)

 

Checked up on 07 May 2010 local prices where we stated Intergrain white maize @ $360/t.  Please note that this price was incorrect and should have read $260/t, I apologize for the mistake.

 

This may interest you and is taken from the Crops Prospect and Food Situation Magazine.  Global cereal stocks climbing to an eight year high.  World cereal stocks by the close of the seasons ending 2010 are expected to reach 523 million tonnes, up 15 million tonnes, or 3 percent, from the start of the season and the highest in eight years.  At the current forecast level, the ratio of world cereal stocks to utilization, a leading indicator for global food security, is seen to improve further from its already relatively high level of 22,8 percent in 2008/9 to 23,4 percent in 2009/10.

 

World wheat stocks at the close of the seasons in 2010 are forecast to increase to a 7 year high of about 194 million tonnes, up nearly 18 million tonnes, or 10 percent, from their already high opening level.  This forecast has been raised by 11 million tonnes, or 6 percent, since the previous report, mostly in response to evidence that some of the last 2009 wheat crop harvests have turned out better than earlier anticipated.

 

Following a modest gain in November, international wheat prices fell slightly in December and have remained under downward pressure since the beginning of the year.  Wheat prices have fallen by 56 percent from their peaks in March 2008.  Several factors have contributed to the gradual decline in international wheat prices this season, among which are large inventories in several exporting countries and recent gains in the US$.

 

Local as at 21 May 2010 US$

Commodity	GMB	Agrifoods	Intergrain	Staywell		Croplink
White Maize	265	230	250	265	270
Yellow Maize	265	230	220	265	260
Maize Bran	150	150		120	130
Soyabeans	350	350	350	370	435
Soyabean Meal		500			450
Sorghum	110
Wheat	400 (t.b.a.)		350 350 (imported)	360 375 (imported)	415 (imported)
Wheat Bran		100		140	130
Sunflowers	110
Groundnuts	450 (unshelled)			650-700 (shelled)	650 (shelled)

South African Foreign Exchange (SAFEX) as at 21 May 2010

Commodity	Rand/Tonne		US$/Tonne		Import Parity Rand/Tonne	Import Parity US$/Tonne
White Maize	1096	146		1256		167
Yellow Maize	1164	155		1324		176
Wheat	2227	296		2387		317
Soyabeans	2530	336		2690		357
Sunflowers	3395	451		3555		472

International Gulf

Commodity	US$/Tonne			Import Parity US$/Tonne
Wheat	191			341
Maize	168			318
Soyabeans	372			522

Source: South African Grain Information Service (SAGIS)

 

NATIONAL ASSOCIATION OF DAIRY FARMERS (from the desk of Rob Van Vuuren)

 

Please be reminded that the Commodities Forum AGM 2010 meeting at Troutbeck, Nyanga is taking place from 5^th to 7^th July.  A circular letter with details about this meeting has been sent out via e-mail a few times to the NADF group mailing list.  Should you not have received this, please e-mail [email protected] and Debbie will gladly forward this to you.

 

Both Ajs Kirk and Dr Rachel Stewart are attending the ESADA Conference in Kigali, Rwanda this week and I am sure they will have an interesting report on this in the near future.

 

PLEASE BE ADVISED THAT NADF REGIONAL MEETINGS WILL BE HELD AS FOLLOWS:

 

Chipinge

Monday 31^st May 2010 at 14:00 hours – Venue to be confirmed – Please contact Jaapie Kotze on 0912 551 643/5 or 227 3240/2830 or Alwena Burbidge on 0915 242 521 or [email protected] for further details

 

Mutare

Tuesday 01 June 2010 at 09:00 hours at the Mutare Club – Please contact Gareth Barry on 020-67514 or 0912 260 799 or [email protected]

Mashonaland A

Wednesday 02 June 2010 14:30 hours for 15:00 hours at Lonely Park Enterprise – Please contact Ant Retzlaff for directions on 0912 317 288 or 0912 414 895 or [email protected]

Mashonaland B

Wednesday 09 June 2010 at 14.30 hours at the Beatrice Club.  For any queries, please contact Tommy Millar on 2911795/6 or 0912 348 570

 

Matabeleland

Thursday 03 June 2010 at Members Pavilion, ZITF Showgrounds at 09:30 hours.  – for any queries please contact Craig Follwell 09-60189 or 0912 429 858 or [email protected]

Midlands

Friday, 04 June 2010 at 9:30 hours at the CFU Offices Gweru Showgrounds – for any queries please contact Veneka Bwerinofa on 0912 725 349 or 054 – 227725 or [email protected]

 

Coopers now have stocks of Sugar Graze Seed and are now in a position to order seed for the other forage sorghum varieties.

STABEX VACCINE PROGRAMME

The ordering of vaccines has picked up momentum again.  Please can the following be noted:

• An application form must be completed and given to Debbie Mylroie at the NADF Offices.  Application forms can be e-mailed to Debbie or dropped off at the offices.  No application will be considered unless it is completed IN FULL – including Identity number of applicant and Union and union membership number.  Each and every box/part of the form MUST be completed.
• Once an application form is received by Debbie, the paper work and internal procedures take approximately 3 to 5 working days.  Applications cannot be filled the same day, or when you are “visiting town tomorrow”.  There is a strict procedure that needs to be followed and adhered to and NO DEVIATIONS OR SHORTCUTS will be considered or entertained.
• Once the internal procedures have been completed, we will send you an SMS or e-mail to confirm that your Vaccine Drawdown Authorisation Form is ready to be collected.
• You need to call in at NADF Offices and collect the Vaccine Drawdown Authorization Form from Debbie and then proceed to FIVET to pay for and collect your vaccines.  Should you be obtaining your vaccines from FRONTLINE FARMING BULAWAYO the Vaccine Drawdown Authorisation Forms will be forwarded to Frontline Farming and they will either SMS or e-mail you to advise that the form has been received and that vaccines may be collected. 
• Please liaise with FIVET and FRONTLINE FARMING to confirm they have sufficient stocks to supply your order.

 

Your cooperation with the above is appreciated.

 

CATTLE PRODUCER’S ASSOCIATION

 

A meeting has been called to resuscitate the Brahman Cattle Breeders Society.  Brahman breeders make up 30% of total breeders (16 out of 52) and 40% of animals registered (1996 out of 4597).  An important item to discuss will be the implementation of BreedPlan by the Herd Book.

Date: Thursday 27 May 2010

Time: 1030h

Venue: Coopers Boardroom, 29 Anthony Avenue, Msasa (Same premises as Gerber Marine)

Directions: Proceed along S. Machel towards Msasa away from CBD. At Nissan Clover Leaf Motors turn right into Anthony Ave (past Clover Leaf workshops and around bend) and follow the road to No 29.  Please confirm your attendance with Petrus Erasmus – [email protected]

 

 

WEEKLY CATTLE PRICES

 

Mount Hampden Sale Summary
	8-Mar		15-Mar		22-Mar		7-Apr	21-Apr		26-Apr		3-May		10-May			Averages
GRADE	#	$	#	$	#	$	$	#	$	#	$			#	$		#	$
SUPER										1	1.71
CHOICE								2	1.32					8	1.86
COMMERCIAL	9	1.31	4	0.84	45	1.3		3	1.26	11	1.34	19	1.35	12	1.48		15	1.27
ECONOMY	23	1.09	28	1.06	89	1.23	1.22	10	1.19	34	1.29	68	1.27	63	1.32		45	1.21
MANUFACTURING	1	0.32	1	0.64								1	0.92	22	1.18		6	0.77
WEANER HEIFERS	9	1.42	16	2.11	45	1.69	1.60	9	1.96			16	2.12	26	1.81		20	1.85
BULLING HEIFERS	68	1.46	2	1.37	21	1.43	1.65	33	1.55	5	1.57	50	1.63	4	1.37		26	1.48
COW & CALF	2	0.85						4	1.37
WEANER STEERS	17	1.27	8	1.56	20	1.70	1.55	9	1.69	2	1.48	15	1.70	24	1.70		14	1.59
LONG WEANER STEERS	11	1.53	3	1.73	3	1.61		7	1.60	5	1.75	8	1.71	13	1.79		7	1.67
FEEDER STEERS	25	1.56	1	1.26	26	1.74	1.65	24	1.65			19	1.61	28	1.70		21	1.59
LONG WEANER HEIFER	4	1.30	2	0.95								3	1.56
COMM WEANER HEIFERS			2	0.89
COMM WEANER STEERS					5	1.06
BULL			1	0.65	7	1.68		4	1.24
Total Head sold	169		68		261			105		58		199		200			151

 

TETRAD 21 MAY 2010

 

Wholesale prices in selected countries in East Africa are supplied by (RATIN) the Regional Agricultural Trade Intelligence Network. Current prices are indicated below and are valid as 18th May 2010. (N.B. Changes shown are calculated on the basis of today’s prices against those previously recorded, which may not necessarily be the previous days).

 

Please email [email protected] for the full CFU Calling with all the graphs.

 

Exchange Rates
MWK19.64 = 1 ZAR – down
MWK149.00 = 1 US$ down
ZAR 7.56 = I US$ – unchanged

COMMENTS AND VIEWS

Please let us know your comments and views on items contained within this issue or any other issues of CFU Calling by sending an email to us on [email protected]Disclaimer: This email and files transmitted with it contain confidential and privileged information and are intended solely for the use of the individual or entity to which they are addressed. If you have received this email in error please — do not read, disseminate, distribute, copy or take action in reliance on this email and- delete it immediately and arrange for the deletion thereof on your server, and- notify the administrator immediately. Any unauthorised, use duplication or interception of this e-mail or any files transmitted with it is expressly and strictly prohibited. No representation, guarantee or undertaking (expressed or implied) is made or given- As to the confidentiality or security of the e-mail system’ or as to the accuracy of the information in this email and any files transmitted with it is virus-free. No responsibility or liability is accepted for: the proper, complete transmission of the information contained in this email or any files transmitted with it or any delay in its receipt; or rising from or as a result of the use of or reliance on the content of this email or any files transmitted with it. Any views expressed in this email or any files transmitted with it are not necessarily the views of the Commercial Farmers’ Union. Queries regarding this email or any files transmitted with it should be directed to [email protected]. This disclaimer forms part of the content of this e-mail for purposes of section 11 of the Electronic Communications and Transactions Act 2002 (Act No. 25 of 2002).