Skinning The Telkom Cat a Different Way

LoneGunman

Expert Member
Joined
Sep 23, 2003
Messages
4,552
Reaction score
3
Location
In The Shadow of Bush-lite: Obama
I was wondering, as I eye Telkom's listing on the NYSE..
( http://www.nyse.com/about/listed/tkg_news.html )
( http://finance.google.com/finance?q=NYSE:TKG )

While within SA, folks are discovering the legislative madness of trying to go after the individual leaves of the forest (via ICASA and various other clearly toothless bodies)

How about this for an approach:

1. If it can be argued and proven that Telkom itself, is conducting business in a way that is racist and racially based - ie: avoiding supplying its services to certain ethnic demographic areas.

and
2. If it can be argued that and proven, that Telkom itself, is actively harming the economic and business potential of SA - which translates to depriving 'black' consumers, in the SA context.

a) Are there not watchdog organizations, and/or existing legislation in the US, which can be approached with the above data, so that legislation can be enforced to require Telkom to alter its practices or lose its NYSE listing?

b) Are there not watchdog organizations (of whatever genre) and/or human rights groups, who can be provided with the information and data, demonstrating that Telkom itself, is a company out of control and causing immense harm and hardship to the average black South African, and to the economy of SA itself?

Its clear that the fight against Telkom, would seem to need to take place in every area where more civilized and enforceable laws exist, and where Telkom is attempting to expand and/or make money outside of SA.

If documentation, data and charts can be assembled, to demonstrate either a racist approach to business, and/or a consistent pattern of behavior which is causing harm to the welfare of black South Africans and undermining democracy - potentially this can be a very emotive and interesting case for any number of US and/or EU groups, watchdog organizations, and NGO's fighting discrimination and racism.

I'm suggesting this because:

Telkom currently benefits from the corrupt and inefficient legal system in SA, and the corruption inherent from the State having access to its profits.

Therefore, a logical way forward, is to harness the power of the Law, in countries which have no such corruption or vested interests, to maintain.

And to attack Telkom's attempts to represent itself as a 'normal' Company - and do everything legally possible, to bring pressure to bear, to either force Telkom to halt its ongoing profiteering from black South Africans and the SA economy - or to have its stock and shares devalued, as it becomes more and more clear to investors that this is a racist and damaging company, which is directly harming the aspirations of South African citizens, and threatening the democratic process itself.

(Indeed, one could argue that Telkom and its endless profit, has already corrupted the democratic process in SA, and caused the Government to deliberately avoiding enacting various legislations, that would have helped all South Africans, and improved the economy dramatically).

Thoughts from the lawyers on forum?
 
The problem is that proving a charge of racism is almost as difficult as disproving it. There are poor non-black people in the country as well as rich non-white people. The ratios might be a bit out of whack, but that's because a quota system hasn't been implemented yet.

I think there might be more luck in taking the "unfair business practice" route ... thinking of the struggle Neotel and ISPs are having it might be more realistic (and easier to prove) to go that route.

All we need is some kind of African body like that EU one which slapped a billion dollar fine on Microsoft...
 
This wont work as far as I know. Telkom's listing on NYSE is merely and ADR (American Depositary Receipt) which is only a listing. It doesnt mean they operate or have an actual office in USA. Its an initiative driven by Bank of New York in SA and is merely a way to attract international investment. The companies are still bound by South African company law as far as I know. US regulations means nothing to them apart from listing and financial regulations (reporting, investor relations related etc). No US authorities have juristiction over them apart from the SEC. The only way this might work is if you can convince American investors about these business practices, and if they choose, they can sell-off (likely they wont though based history of abusive markets in US too).

Even if Telkom operated in US, only that business unit would have to abide by US regulations, not Telkom SA. It would also open up a political worm-hole if NYSE de-listed Telkom for racial reasons in any case so it wouldnt happen.
 
Top
Sign up to the MyBroadband newsletter
X