The approach was also known as “once empowered always empowered“. The challenge with this approach is that it is easily abused by selling an empowerment share and financing that stake. Dividends dry up, the BEE partner cannot make the repayments and the BEE shareholding reverts to the financiers. The business retains its BEE status and the BEE party is left with nothing.

The ease of abuse discouraged the Codes from recognising this principle and the phase one drafts of the Codes did not recognise it. Where the BEE party exited ownership, a new ownership calculation had to be done based on current credentials. Interestingly, it was Black businesspeople who approached the dti for a modified application of this principle.

To protect itself from losing its BEE partners, a business would insist on lock-in agreements signed by the Black party. The consequence of this, and from a BEE perspective an unintended consequence, is that the BEE party is locked into the investments. In some instances where the BEE party is only looking for a fast profit, the lock in is good because it protects people from themselves. BEE is trying to establish long-term participation in the economy. If it was a once-off event it would have been imposed as a wealth tax. On the other hand, there is a limit to how much you can protect people in business. Preventing entrepreneurs from realising profits and accessing funds restricts the growth of Black-owned capital and economic participation.

The end result is a middle ground that represents a conditional continued recognition of Black ownership. This allows Black entrepreneurs to exit the investment and the measured entity to continue recognising the Black ownership participation. The conditions are onerous because the Codes are still not in favour of the continued recognition. Very few businesses will retain the same amount of ownership points had the BEE party not exited.

Application of the once empowered always empowered principle

The practical application of the once empowered always empowered principle is technical so it has been simplified as much as possible. Keep in mind what is trying to be achieved. The Codes are comfortable with limited continued recognition where the exiting BEE party can demonstrate successful transformation in the company it has been associated with and that there has been value created for the BEE party.

If, after three years, the business has achieved a very good BEE score and the Black party has realised wealth during the association, then the Codes provide limited continued recognition where the BEE party sells a portion of its ownership.

There are two parts to the once empowered always empowered principle. The first is an outright sale of shares. The second is where the equity is used as security for obtaining finance where the BEE party subsequently defaults and loses the shareholding.

1. Sale of shares: Where a BEE party sells a share of its empowerment holding, the ownership points of the measured entity will survive the sale. The measured entity may continue to recognise the points based on a formula. The allowance is only available to the measured entity where:

• the BEE party held the shares in the company for a minimum period of three years
• transformation has taken place in the measured enterprise
• the points retained are subject to the level of transformation the measured entity has achieved。
• value has been created in the hands of the BEE party. (The value is determined in the formula using net value as a basis of calculation.)

2. Loss of equity through security: In an ownership deal, the measured entity is likely to include a clause preventing the BEE party from using the shares as security against any outside borrowing. Should the BEE party default on the borrowing, the financier will claim the BEE shares and the measured entity will lose its ownership credits. The once empowered always empowered principle provides a method for bringing liquidity in the form of borrowing against the shares to the BEE party without penalising the measured entity in the instance of default by the BEE party.

If the BEE party borrows against shares held in a measured entity and defaults on that borrowing, resulting in the BEE party losing the shareholding to the financier, the measured entity may continue to recognise the Black ownership, or a portion thereof according to a formula.

In the BEE environment, consideration must be given to the lack of funds held by Black people entering BEE deals. The necessity for finance provided an opportunity for ruthless businesspeople to undermine both the control and economic interest components held by Black people in BEE deals. To prevent this abuse, the Codes introduced a third component known as realisation points and, more specifically, the net value indicator. The net value indicator measures the Black person’s unencumbered (debt free) right of ownership. By allocating a high points rating to the net value indicator, businesses are encouraged to reduce systematically the level of debt over the BEE party’s shareholding.

Voting Rights

The objective of BEE is to help Black people gain equal ownership and control of the mainstream economy. Ownership without control represents passive participation. This indicates redistribution rather than active participation. Black people fought a hard struggle to gain the right to vote in the political environment. Voting rights attached to ownership represent the right to vote in the economic environment.

The importance of voting rights is evident in the Companies Act, which only looks at control to determine whether one business is a subsidiary of another business. The Companies Act has no reference to economic benefit when measuring subsidiaries. Control is measured through voting rights either at a shareholder or board participation level. BEE parties approaching ownership deals without sufficient regard for the necessity of preserving commensurate voting rights are not using the BEE policy for its intended purpose.

Where the BEE participation is financed by either the vendor (the seller) or a third party, voting rights may be held by the financier as security for the provision of the funds. The BEE party should negotiate the release of those voting rights on the basis that they will only revert to the financier on default of repayment, which the financier will insist on to protect its interests.

The ownership scorecard is designed to protect the BEE party’s voting rights by including an indicator set to measure voting rights in the entity in the hands of Black people.

Some businesses use a broad base of BEE shareholders in ownership deals with the specific intention of undermining the impact of Black- held voting rights. It is unlikely that a multitude of people with an insignificant shareholding are going to vote uniformly on an issue. Where Black people find themselves in this situation, they should consider pooling their votes under a voting agreement to regain the necessary participation in decision making.

The term “control“, used in the context of voting rights, is misleading and sends the wrong message to existing business owners. The targets set by the Codes are not indicative of control, but rather influence through participation. The targets are set in consideration of the Companies Act requiring a 75% majority vote to pass a special resolution. Setting a target of 25% + 1 vote gives the BEE party the ability to protect itself against unfair decisions made by the company, commonly known as minority protection rights, but it does not give control.

Measuring voting rights

Six points or a part thereof are available where Black people hold the right to participate in 25% + 1 of votes at shareholders meetings. Where the full target of 25% + 1 of total voting rights is not met, the points are awarded on a pro-rata basis.

The voting rights may be measured according to the flow-through or modified flow-through principles as discussed in the section on measurement principles.

Where the voting rights are pledged to a financier, so that the financier takes control of the voting rights if the BEE party defaults, the voting rights may be recognised as held by Black people on condition that the financier has no influence over the voting rights until reverting to the financier on default.

Calculating the points for voting rights

Voting right points are measured using the formula:

A = B/C x D

The score A is calculated as follows:

Step 1 B = Calculate the percentage of exercisable voting rights held by Black people of the total voting rights.

Step 2 Divide the result of Step 1 by C, the compliance target for the ownership criteria being measured (25% of total votes available + 1 vote).

Step 3 Multiply the result of Step 2 by D, the points weighting of that indicator, which is six.

Step 1 may apply the modified flow-through principle or the flow-through principle.

Where the enterprise achieves a score greater than the allocated six points, the scorecard will only recognise a maximum of six points.

The problem arising out of economic interest is that many businesses abused their BEE partners by stripping profits out of the entity before distributing returns. Earlier drafts of the Codes provided an anti- circumvention clause in the definition, which gave more specific guidance on what should be included in economic interest.

The current definition of economic interest was shortened in the interests of making the Codes easier to use. The problem is that in shortening it, the guidance given to users is incomplete, which may result in misinterpretation. The following is not in the Codes. However, it reveals the underlying intention of the Codes according to earlier, more comprehensive drafts.

Where a verification agency or customer identifies any of the following, the economic interest held by Black people will be calculated as a percentage of the economic interest had the circumventive strategy not existed. For example, the excessive salaries paid to non-Black people would be included as economic interest in the hands of the non-Black parties for the purposes of calculating the economic interest points.

BEE Partners’ Salaries

Salaries do not form part of economic interest. However, where a salary is paid that is not a reasonable reflection of the market value of the director or employee, the portion above market value should form part of economic interest. The problem intensifies when a person earns a salary based on celebrity status, which is difficult to measure in terms of a market standard. Verification agencies will review the reasonableness of a celebrity-related salary in terms of the benefit that person brings to the business.

In the small business environment, salaries are going to present a significent obstacle. Business owners often reduce their own salaries and extract a higher dividend for tax purposes. Alternatively, the salaries are reduced to ease the business’s cash flow.

The verification agency must apply a degree of discretion in determining the reasonableness of the remuneration package when considering what constitutes economic interest and what is a bona fide expense of the business.

Bonuses are also commonly used as a mechanism to strip profits. The verification agency will review the basis on which the bonus has been allocated. If a bonus is not based on a coherent, quantifiable, previously agreed upon methodology, such as a defined performance management system, it begins to resemble economic interest and invites further investigation.

Transfer pricing

Transfer pricing is another common mechanism for reducing economic interest paid by an entity to shareholders. Transfer pricing is where a business sells goods or services to a related business at a discount or premium on market value, to reallocate profits from one entity to another for the purpose of reducing the economic interest going to a certain shareholder.

For example, Mr A owns X CC and Y (Pty) Ltd. Mr A sells 25% of X CC to a BEE participant. In an attempt to reduce the profit share due to the BEE participant, Y (Pty) Ltd sells stock to X CC at an inflated amount above market value. X CC, holding a good BEE status level, secures the right to sell the stock to a government department. The profit distributed to the BEE participant is reduced and Mr A realises a higher profit through Y (Pty) Ltd.

Verification agencies are aware of businesses using transfer pricing to strip profits. The economic interest held by Black people will be calculated using a market-related price for the sale of goods from Y (Pty) Ltd to X CC. In addition to this, the practice may be reported as fronting.

Thin capitalisation

Thin capitalisation is similar to transfer pricing but the profits are stripped out of one business in favour of another by charging excessive interest rates. This practice will be dealt with in the same manner as transfer pricing.

Debt and preference shares

Debt in favour of a BEE party is not ownership and interest payments will not be measured as economic interest.

While senior debt in its primary form does not present a problem, the difference between debt and equity is often difficult to determine when preference shares, debentures and derivative instruments are used. The verification agency will look at the nature of the instrument to determine whether the distribution represents interest that is not measured as economic interest, or dividends that are measured as economic interest.

The characteristics of debt are:

• A fixed interest rate or fixed rate of return
• A fixed period of repayment
• Where the return is not dependent on the performance of the business.
• The characteristic of ownership is a return on investment based on the performance of the business.

Businesses choosing to structure ownership deals using preference shares or derivative instruments must fully understand the difference between debt and ownership, otherwise the verification agency will not credit them with the anticipated points.

The net value calculation is broken down into two formulae and draws from the deemed net value result above. The first, Formula A, calculates the debt-free ownership as calculated above, as a percentage of the targeted debt-free ownership for the year, measured as a pro-rata score against the allocated points.

Formula A

Note: This formula is a simplified version of what appears in the Codes. However, the result is the same.

A ^=9B/25%C

Step 1 Extract B, the deemed net value, from the result of the formula above.

Step 2 Calculate C. The graduation factor is the time-based target as set out below:

• 10% at the end of the first year after the net value date. The net value date is the later of the date of 9 February 2007 and the date on which the first unconditional BEE ownership deal that is still operational became effective. If a deal was done before 9 February 2007 then the net value date is 9 Feb 2007. If the deal was done after 9 February 2007, then the net value date is the date that the BEE deal became effective.
• 20% at the end of the second year
• 40% from the first day of the third year to the last day of the fourth year
• 60% from the first day of the fifth year to the last day of the sixth year
• 80% from the first day of the seventh year to the last day of the eighth year
• 100% from the first day of the ninth year to the last day of the tenth year.

Step 3 Multiply the result of Step 2 by the economic interest target of 25%. This provides the targeted debt-free ownership for the year.

Step 4 Divide Step 1, the deemed net value or actual debt-free ownership, by the result of Step 3, the targeted debt-free ownership. Step 5 Multiply the result of Step 4 by the allocated nine points.

The result is A, the pro-rata portion of the allocated points. This result must be compared to the result of Formula B and the lower of the two scores adopted.

The problem with Formula A is that it does not measure the BEE party’s overall shareholding. Therefore, full points could be scored if the BEE party only owned 5% of the business, which undermines the objective. Formula B is introduced to limit the net value points where the ownership target is not reached. Formula B limits measurement according to the strict flow-through principle, which has important consequences. Where the BEE party has financed the acquisition through the sale of equity to white parties in a BEE vehicle, the portion of the BEE vehicle owned by white parties is not recognised as Black owned. The modified flow-through principle is not applicable here – the strict flow-through principle must be used. It is important that Formula B is calculated using actual Black shareholding only.

Formula B is as follows: A = B/C * 9

A = the score to be compared against the result of Formula A

B = the percentage of economic interest Black participants hold in the entity. The Codes state “Black participants”, which means natural Black people. This restricts measurement to the flow- through principle and the modified flow-through principle is not allowed.

C = the target in respect of the ownership criteria (that is, 25%).

Step 6 Calculate B, the percentage shareholding in the hands of natural Black persons using the flow-through principle.
Step 7 Divide the result of Step 6 by C, the ownership target of 25%.
Step 8 Multiply the result of Step 7 by 9 points to establish the prorata share of points allocated to the indicator.

Step 9 Compare the results of Step 8 and Step 5 and take the lower of the two forward to the ownership scorecard.

Ownership fulfilment

Ownership fulfilment is a sweetener for the measured enterprise to encourage the unconditional handover of economic benefits to Black people. It is achieved when Black shareholders are released from all third-party legal or commercial obligations that withhold, defer or restrict enjoyment of rights associated with shareholding. Examples of these restrictions or obligations are pledges and cessions. The measured entity may claim one point once:

All obligations originating from financing received to obtain the equity ownership have been released in entirety, and

• the full nine points for net value have been obtained.

Bonus Points

The ownership bonus points are used to encourage the participation of Black women and broad-based groups in ownership. If Black women represent 10% of total ownership, then two points are awarded on the ownership scorecard.

If Black people participate in ownership through a broad-based ownership scheme, employee ownership scheme or a cooperative for a minimum of 10% of the total ownership of the business, then a single bonus point is available to the business.

Bonus points are calculated on economic interest held by Black women or priority groups as discussed above. These indicators may not be calculated using the modified flow-through principle. The Black participation may only be calculated using the flow-through principle.

I would like to use this opportunity to address the matter of Black women. Although the participation of Black women in QSEs is only encouraged through bonus points, businesses that expect to cross the QSE threshold need to consider that there is a specific indicator for Black women participation in the generic scorecard. Furthermore, the modified flow-through principle does not apply to the Black women indicator in the generic scorecard. Having 10% Black women ownership in an enterprise, calculated using the flow-through principle, will result in a significantly higher ownership score where the modified flow-through principle is used to facilitate finance for the BEE party.

The net value is determined by calculating the current market value of the asset in relation to the current market value of the acquisition debt. Where the value of the asset increases in relation to the debt, the net value points will increase. Where the debt is reduced in relation to the net value of the business, then the points will also increase to reflect the increase in the BEE party’s net asset value. On the other hand, where the value of the asset decreases in relation to the capital value of the debt, resulting from increased debt or decreased asset value, the associated points will decrease.

The challenge in the QSE environment is to obtain the current market value of a business every year, although this is an expensive exercise. The Codes do not require the business to obtain an annual external valuation. As long as the valuation is based on an acceptable measurement standard such as price earnings or discounted cash flow, and can be substantiated, the verification agency will accept the valuation. The best way to address the issue of obtaining a current market value is to use an acceptable valuation formula, which most accountants can provide, and to use that formula annually.

Measuring BEE net value

The Codes present fairly complicated formulas for measuring net value. I have broken down the components to make them easier to understand. When trying to understand this measurement follow this line of thought: the deemed net value calculates the BEE party’s debt-free ownership as a percentage of the current value of the business. This is divided by the targeted debt-free ownership as calculated in Formula A and multiplied by the allocated nine points to obtain a pro-rata score. Another formula, Formula B, is applied to limit the score where the targeted ownership of 25% is not achieved.

The objective is to measure and reward debt-free ownership held by the BEE party.

Deemed net value is:

• the current value of the BEE party’s shareholding in the business
• less any outstanding debt originating from purchasing that shareholding
• as a percentage of the current value of the business.

It is best described as the BEE party’s debt-free ownership as a percentage of the current value of the business or the liquidation value of the BEE party’s participation as a percentage of the current value of the business.

Note: The debt referred to throughout the calculation of net value is the debt originating from the purchase of the shares only. Debt originating from borrowing against the value of the shares after purchase is not included in the calculation of net value.

Market value of the equity instrument — Capital balance of the acquisition loan and/or other instrument
Market value of the measured enterprise

A= (B -C) / C

A = the net value to be included in Formula A.

Step 1 Calculate B, the value of the equity instrument held by Black people on the date of measurement.

Step 2 Calculate C, the carrying value of third-party rights against Black people’s economic interest as a result of financing the acquisition of the instrument.

Step 3 Subtract the result of Step 2 from that of Step 1 (the debt-free Black ownership).

Step 4 Calculate D, the current value of the measured enterprise on the date of measurement.

Step 5 Divide the result of Step 3 by the result of Step 4 to obtain the deemed net value (which is the debt-free ownership as a percentage of the value of the business).

to be continued

• Direct ownership promotes an active interest in the measured entity by the Black participant, resulting in his or her inclusion in the mainstream economy.
• The key questions when determining direct ownership are as follows:
• Does the benefit accrue directly to natural persons?
• Are those persons able to direct the decision-making processes relative to the equity they hold by exercising their voting rights?
• Does the ownership give stakeholders the opportunity to influence the decision-making processes in the enterprise?
• Does the owner enjoy the corresponding risk and reward of ownership?
• Who holds the risk?
• Direct ownership should present a clear answer to each of these questions regardless of the number of legal entities in the ownership structure between the natural person and the measured entity.

Bee Indirect Leadership (non-fund player)

Indirect ownership is ownership of equity instruments held through a third-party intermediary. Legally, the funds that the third-party intermediary manages belong to the beneficiaries but they have little active involvement in controlling such funds.

The function of the intermediary is to manage the funds in a manner that maximises the return according to the risk mandate granted by the beneficiaries. An auxiliary function of the intermediary is to vote on the equity instruments if there are votes attached to those instruments.

Indirect ownership has many faces:

• Mandated investments such as pension funds and long-term insurance products where the beneficiary hands over funds to a third- party intermediary to manage
• Broad-based ownership such as:
• public benefit organisations that do not specify individual beneficiaries (for example, Kagiso Trust)
• employee ownership schemes
• broad-based ownership schemes that are generally set up by
  an intermediary for the benefit of a specific group of people
• Government ownership that also represents a form of indirect ownership
• Other ownership such as private equity, union funds and stokvels.

The permutations of indirect ownership are a minefield when determining ownership measurement. In indirect ownership there is often an element of direct ownership that needs to be extracted and measured separately from the indirect holding. In the QSE environment most of the indirect complications are unnecessary in this text. The only issues that will surface repeatedly are broad-based ownership and employee ownership schemes.

• 50% of the fiduciaries must be appointed by civil society.
• 50% of the fiduciaries of the scheme must be independent of the scheme, having no employment or beneficial interest in the scheme.
• 50% of the fiduciaries must be Black people and at least 25% Black women.
• The chairperson of the scheme must be independent of the scheme and be appointed by the beneficiaries of the scheme.
• The management fees of the scheme must not exceed 15% of total economic interest accruing to the trust. 85% of the benefits received by the fund must go to the beneficiaries.

The scheme’s constitution must state how it will deal with economic interest received, what portion will be reserved for future use and what portion will be distributed. On termination or winding up of the scheme, all economic interest must be transferred to the beneficiaries or an entity with similar objectives.

When simplifying the Codes some areas were not addressed. While not specified in the Codes, the following comments should be considered to create a stronger scheme that protects the interests of the beneficiaries.

From a practical perspective, entities should assume that the information above must be written into the constitution of the scheme before it may receive recognition as a general broad-based ownership scheme.

Interestingly, the Codes fail to give guidance on the number of beneficiaries the scheme should have to make it broad-based. While it is not written into the Codes, a broad-based scheme is generally considered to benefit 50 or more outside people who are not employees. For employee schemes the number of participating employees does not matter. There are certain tax advantages attached to BEE employee schemes but they are only granted under certain conditions.

The scheme should contain a detailed account of the beneficiaries using the flow-through principle to establish that the beneficiaries of the scheme are Black people as defined in the Codes.

Independent fiduciaries should be independent of the scheme, of the company who appoints the fiduciaries, of the company who manages the scheme and of the people who appoint them.

If a broad-based ownership scheme is not recognised as a general broad-based ownership scheme, as discussed above, the business may not include it in ownership as Black owned, unless it qualifies as an employee ownership scheme. If the broad-based ownership scheme does not qualify for recognition, then it will be included as non-Black owned when measuring ownership. The qualification is strict to limit fronting operations from diluting benefits to the intended beneficiaries. It is critical for measured entities to do necessary due diligence investigations to establish whether the intended BEE party is recognisable as Black owned when measuring ownership.

A measured business may realise 100% of ownership points where 25% is owned by a special scheme. They were created in recognition of established broad-based entities that have a track record of achieving the objectives of BEE ownership.

Businesses wanting to enter ownership deals with a broad-based scheme must ensure they qualify or are capable of qualifying as a special scheme if the intention is to sell a full BEE participation to that scheme.

The additional criteria are:

• a track record of operations of a broad-based ownership scheme, or in the absence of such a record, evidence of full operational capacity to operate as such, and
• the operational capacity must be evidenced by suitably qualified and experienced staff, professional advisors, operating premises and all the requirements for operating a business.

Unfortunately, the additional criteria supplied by the Codes contain no real distinction and are easily circumvented. The track record does not mention length of service and an entity wishing to front can obtain offices and staff with relative ease.

Entities wanting to take on broad-based ownership schemes as BEE partners may wish to insist on a complete review of the following criteria to ensure that they acquire a partner of substance that will implement the objectives of BEE:

• historical audited financial information and accounts that provide insight into the benefits that have been distributed to intended beneficiaries

• A detailed breakdown of the management fees and the benefits accruing to beneficiaries
• A report on the nature of the projects undertaken by the scheme and the alignment of those projects with the provisions contained in the Socio-Economic and Enterprise Development Code
• A report on the manner in which beneficiaries are identified and the geographic spread of benefit implementation
• The names and details of senior employees of the scheme
• An explanation of the services provided by the scheme’s administrators.

A broad-based scheme may include the beneficiaries representing Black women, Black designated groups or any other Black people. The measured entity will receive points for ownership by priority groups through bonus points. For example, the broad-based scheme may receive bonus points for including Black women and/or Black designated groups, who, through the scheme, participate in 10% of the total ownership. The various indicators in the ownership scorecard are entitled to recognise this split as long as the claim is supported by evidence provided by the broad-based group.

• Don’t camp near a water source. Camp at least three kilometres away.
• Don’t use soap or shampoo if you are washing in a river or stream. Fill a bucket with water instead, and find a place away from the water source to wash yourself.
• Don’t leave any toilet paper uncovered. Use the ‘cat’ method and bury all the evidence.
• Don’t leave your refuse behind or try to bury it, as scavengers will dig it up. Keep refuse in a sturdy bag and wait until you reach a town or an official municipal dump before disposing of it.

• Don’t make fires against trees or leave fires burning when departing your camp site.
• Don’t dish out money or other items to the beggars who sometimes congregate at fuel stops. Sometimes a handout to one produces a riotous free-for-all, with a shower of stones hurled at your vehicle as you flee the scene.
• Don’t take fruit into Botswana’s game reserves or into some Zimbabwean parks, such as Mana Pools. In Botswana, you are prohibited from taking fruit into the game reserves, as elephants have a keen sense of smell and will destroy your food boxes (and even your vehicle) if they smell fruit.
• Don’t approach wild animals even if they look peaceful.
• Don’t try to handle tame-looking animals, such as mongoose and suricate, as they could have rabies.
• Don’t imitate the Camel Trophy teams. Drive slowly and stay alert.
• Don’t under any circumstances make new tracks in sensitive areas such as the gravel plains of the Namib Desert. If the road is washboarded, deflate your vehicle’s tyres and proceed slowly.
• Don’t make a noise at water holes. Sit quietly and be patient. You will be rewarded.
• Don’t throw a burning cigarette away as it could cause a serious veld fire. Smokers should never discard their cigarette butts in the veld, but should use a tin as an ashtray.
• Don’t throw your leftover food into the bush. Put it in a refuse bag and hang the bag high above the ground at night.
• Don’t feed jackal, hyaena, baboon, monkey, warthog or any other wild animals.

In recent years, I have noted the increasingly aggressive behaviour of baboon, monkey and hyaena in the parks of Botswana and northern

Zimbabwe. There are a number of reasons for this, but the main one is that people feed these animals.

At Savuti in the Chobe National Park, I have seen hyaena walk right into the circle of firelight, having lost their fear of fire, while people threw leftover braai meat at them in order to take a good photograph.

At Serondella in the Chobe and at Third Bridge in Botswana’s Moremi National Park, I saw people feeding sweets to monkeys and baboons, which led to a troop of baboons attacking a camp site.

Complaints to the authorities in Botswana seem to lead nowhere, but in Zimbabwe the game wardens are taking drastic (and deadly) measures to keep these animals under control. At Okaukuejo in the Etosha National Park, jackal will steal meat directly from the grill, even though the camps in Namibia are fenced in (they dig holes under the fencing). The authorities here regularly shoot these animals to prevent them from becoming a nuisance. Remember that wild animals that have lost their fear of humans are dangerous, and have to be killed. Do not unwittingly sentence these animals to death by feeding them.

THE DO’S

• Be friendly and polite at all checkpoints and frontier posts. Respect the authority of the officials on duty.
• Familiarise yourself with rules and regulations of any conservation areas through which you will be passing. Adhere to those rules.
• Camp only in designated sites, unless for some reason (breakdown or emergency) this is impossible.
• Before camping near an African homestead, always ask the permission of the inhabitants. If some form of remuneration is required, then you should pay it.
• Never walk into an African homestead without first obtaining permission. Wait outside the enclosure until somebody comes to investigate, and then ask for permission to enter. Ask this person to act as a guide, as unknown circumstances or conditions may exist which you may disturb. Although you may be curious about their lifestyle, do not enter or peer into their houses. The residents have the same right to privacy which you enjoy in your own home.
• Many African people like to visit travellers at their campsite. This is their way of welcoming you to their neighbourhood. They may like to sit at the fire for a while, as fire plays a central role in their community as a symbol of hospitality. Do not offer them alcohol; rather give them a cool drink and some food as a token of thanks and hospitality.
• Be aware of cultural differences when meeting indigenous people. For instance, do not play rap music and expect a Himba girl to dance with you. African people dance for different reasons from Western people. Do not give them presents that they cannot use — if you wish to give them something, offer them sugar or mealie meal.
• Do not cheat people when buying artefacts and souvenirs, or try to buy something that is not being offered for sale: some items, such as the conch shells worn by Himba women, are heirlooms passed down from mother to daughter.
• Always ask people if you may take photographs of them. If they would like payment, oblige them.
• Use firewood sparingly. I find it shocking how some groups misuse firewood. In Botswana and Namibia, I have observed people using 4×4 vehicles and chains to uproot trees to make their fires! These types of people need to become aware of the damage they are doing to the environment. In the desolate Namib and Kalahari deserts, you should not gather firewood at all, but should take your own charcoal or firewood.

• Ask the owner’s permission before you enter, or camp on, a farm or any enclosed property.
• If you open a gate, close it once you have passed through.
• Wherever possible, ask permission before you take any water from a well or pump.
• Rowdiness should not be allowed in the camp after 10:00 p.m. Remember that everyone needs a good night’s rest after a full day.
• Do not leave your car alarm on at night as it could go off and disturb everyone’s sleep.
• Leave only your tracks when departing from a camp site.
• Report poachers, hoodlums and rowdy people to the authorities.