A group of Tesla shareholders suing CEO Elon Musk over some 2018 tweets about taking the company private is asking a federal judge to order Musk to stop commenting on the case.

Lawyers for stockholders of the Austin, Texas-based company also say in court documents that the judge in the case has ruled that Musk’s tweets about having “funding secured” to take Tesla private were false, and that his comments also violate a 2018 court settlement with U.S. securities regulators in which Musk and Tesla each agreed to pay $20 million fines.

Musk, during an interview April 14 at the TED 2022 conference, said he had the funding to take Tesla private in 2018. He called the Securities and Exchange Commission a profane name and said he only settled because bankers told him they would stop providing capital if he didn’t, and Tesla would go bankrupt.

The interview and court action came just days after Musk, the world’s richest person, made a controversial offer to take over Twitter and turn it into a private company with a $43 billion offer that equals $54.20 per share. Twitter’s board on April 15 adopted a “poison pill” strategy that would make it prohibitively expensive for Musk to buy the shares.

In court documents filed April 15, lawyers for the Tesla shareholders alleged that Musk is trying to influence potential jurors in the lawsuit. They contend that Musk’s 2018 tweets about having the money to take Tesla private at $420 per share were written to manipulate the stock price, costing shareholders money.

Now, lawyers say Musk is campaigning to influence possible jurors as the case gets closer to trial.

“Musk’s comments risk confusing potential jurors with the false narrative that he did not knowingly make misrepresentations with his Aug. 7, 2018, tweets,” the lawyers wrote. “His present statements on that issue, an unsubtle attempt to absolve himself in the court of public opinion, will only have a prejudicial influence on a jury.”

The lawyers asked Judge Edward Chen in San Francisco to restrain Musk from making further public comments on the issue until after the trial. Chen gave Musk’s lawyers until April 20 to respond.

Alex Spiro, a lawyer representing Musk, wrote in an email April 17 that the plaintiffs’ lawyers are seeking a big payout. “Nothing will ever change the truth, which is that Elon Musk was considering taking Tesla private and could have,” he wrote. “All that’s left some half-decade later is random plaintiffs lawyers trying to make a buck and others trying to block that truth from coming to light, all to the detriment of free speech.”

But the shareholders’ lawyers wrote that Chen already ruled that Musk’s tweets were false and misleading, and “that no reasonable juror could conclude otherwise.”

Judge Chen’s order, issued April 1, was not in the public court file as of April 17. Adam Apton, a lawyer for the shareholders, said it was sealed because it has evidence that Musk and Tesla say is confidential. It will stay sealed until the parties agree if anything should remain sealed, he wrote in an email. “Our motion for TRO (temporary restraining order) accurately describes the issues decided by the court,” Apton wrote.

After Musk’s 2018 tweets, the SEC filed a complaint against him alleging securities law violations. Musk then agreed to the fine and signed the court agreement. Part of the agreement says that Musk “will not take any action or make or permit to be made any public statement denying, directly or indirectly, any allegation in the complaint or creating the impression that the complaint is without factual basis.”

If Musk violates the agreement, the SEC may ask the court to scrap it and restore the securities fraud complaint, the agreement says. A message was left April 17 seeking comment from the SEC.

Spiro, on behalf of Musk, already has asked a Manhattan federal court to throw out the agreement. He contends the SEC is using the pact and “near limitless resources” to chill Musk’s speech. Court documents filed by Spiro say Musk signed the agreement when Tesla was a less mature company and SEC action jeopardized its financing.

Source: Voice of America

Unpredictable local COVID-19 policies combined with China’s zero-pandemic approach to the coronavirus are taking a toll in Hong Kong, where residents and others say they are feeling increased pressures during the pandemic’s worst wave.

Reports of dead bodies filling hospital rooms, old people on beds outside hospitals in winter rain, long lines in freezing cold for mandatory PCR tests and complaints of neglect in government quarantine facilities have been in newspaper headlines in the last three months.

The city recorded the highest COVID death rate across the globe in early March, and residents witnessed the highest dissatisfaction rate with the government since the pandemic began.

Lack of support

One Hong Kong resident, requesting anonymity, was among those experiencing weeks of stress during the omicron wave. The 28-year-old’s mother started coughing in late February, and soon tested positive with at-home test kits.

At the time, the government only recognized COVID tests conducted in designated testing stations, which struggled to cope with explosive demand.

“My mother wanted to go to the stations for a test, but she was refused due to her symptoms. And there were so many people lining up – seriously even if I wasn’t infected, I probably would have contracted the virus if I had to line up like that,” the education worker told VOA.

Doctors at private clinics refused to see her mother because of her COVID symptoms. Then she went to the hospital to be told she would be better off going home as she would have to wait for over 10 hours if she stayed.

“My mother was extremely anxious at the time, and we didn’t know what to do since we didn’t know how bad it could get. We tried calling the government hotline for more support, but no one picked up. I couldn’t sleep for a few nights,” she said.

The daughter tested positive a few days later using the at-home test but given the reported conditions in quarantine facilities – including unpalatable food, negligence and shared toilets – she did not to report her test result to authorities to avoid being sent to one.

Inconsistent policies

On February 18, Hong Kong Chief Executive Carrie Lam announced a citywide testing plan under its zero-COVID approach to single out the confirmed patients and send some to quarantine facilities. At the time, she said a lockdown would not “go hand in hand” with the citywide testing.

Ten days later, Health Secretary Sophia Chan told public broadcaster RTHK that the city would not rule out a lockdown along with mass testing. That statement fueled fears among Hong Kongers, who were seen emptying supermarket pharmacy shelves in preparation.

A day later, Lam urged people to stay calm and not to believe in “rumors” of a lockdown, despite Chan’s comments. Eight days later, Lam said the city would drop citywide testing – which had been supposed to launch in March – as a priority.

Starting April 21, dining in in restaurants will resume, and recreational venues, including gyms, cinemas and theme parks will reopen.

Another Hong Kong resident, who wished to stay anonymous, told VOA she did not report testing positive to the government because of “mercurial” policies.

“I can’t even begin – they [the government] didn’t have any organizational skills. Their measures are mercurial, so residents don’t know how to adapt. When I was sick, I couldn’t get my hands on any medication because by that point, people already stocked up a lot [during panic buying]. I was worried that my symptoms could be very serious,” she said.

Financial and mental strains

Hong Kong residents fear losing their jobs due to mandatory quarantine, Benjamin Cowling, division head of epidemiology and biostatistics at the University of Hong Kong, told VOA in an email.

“A lot of people could be uneasy about the idea of being locked inside a relatively small room for an unknown amount of time, and separated from their family members and pets. Some people have lost their jobs as a result of being isolated, because if they don’t show up to work, they will be replaced,” Cowling said.

The head of Soulgood, a local online counseling platform, told VOA the demand for counseling services jumped tenfold in the last three months.

“Mental stress has definitely increased in the past year due to COVID as there is more stress related to COVID policies…Main symptoms of this group were isolation, anxiety and depression,” Ben Cheung, CEO of the platform, wrote in an email.

More than 65,000 people applied for the government’s unemployment relief plan for COVID on the first day it was open, according to a government statement in late March.

A separate local survey revealed that that two-thirds of Hong Kongers would see their household income affected if they are restricted from going out during the citywide testing, and half think that they would be infected when getting their specimens collected at the testing station.

The survey also indicated that close to half of Hong Kongers do not support policies requiring confirmed patients to quarantine at government designated facilities.

Zero-COVID approach

Hong Kong cannot make the final decision on its COVID policies, according to Alfred Wu, assistant professor at the National University of Singapore specializing in governance in the Greater China region.

“It is clear that Beijing makes the final decision. … China thinks zero-COVID policy works, and so every city should try to implement that, including Hong Kong. The Hong Kong government knows they have to listen to Beijing, even when many people and businesses are opposed to stringent restrictions,” Wu told VOA by phone.

A zero-COVID approach is likely only effective when the population is mostly vaccinated, according to Dr. Peter Collignon, an infectious diseases physician and microbiologist at the Canberra Hospital in Australia.

“Policies that keep covid at low levels or at zero levels are a good idea initially while you get you population vaccinated,” Collignon told VOA in an email.

Hong Kong’s elderly have been hit the hardest by the Omicron wave, with people aged over 80 witnessing the highest number of deaths. This group also saw the lowest vaccination rate – below 60%.

“The biggest mistake in Hong Kong was to presume they [the government] could maintain zero COVID but more importantly, not to ensure that those most likely to die from COVID when it inevitably entered Hong Kong and spread widely, the elderly, were vaccinated. Hence why the death toll in HK is so high per capita compared to other countries who also had low levels or zero covid before,” Collignon added.

Source: Voice of America

Nearly 400 people have died in floods in South Africa’s eastern coastal province of KwaZulu-Natal. In the normally bustling city of Durban, survivors are left to begin digging themselves out of the mud and debris.

Ankle-deep in mud, residents of the informal settlement called Mega Village in the south end of Durban have begun the arduous process of cleaning up after devastating floods.

The heavy rains – that saw as much as 300 mm (13 inches) fall within 24-hours at its peak – have been called one of the worst weather events South Africa has ever seen.

Ben Motshwa is among the countless residents of Mega Village who saw their homes, made of corrugated iron, wash away in the blink of an eye Monday.

“When the flood was coming, we only had to run,” he said. “There was nothing we could do. And if we’re running, where are we running to? We didn’t have anywhere to go to. Just moving. Just going to where we think there is some sort of dry area where we can maybe stand. We lost basically everything.”

Motshwa said his small printing business was also washed away, leaving him with no source of income.

The community, built on a flood plain, is a symptom of the country’s preexisting housing crisis, now under even greater pressure.

The government estimates that over 13,500 homes were damaged by the floods, of which nearly 4,000 were destroyed.

Many people have sought temporary shelters.

Mlungisi Thabethe and his wife were among dozens of people who registered for shelter, sleeping on the hard floor of a community hall in an apartment block by Mega Village.

“We came here because we have no house, no nothing now,” he said. “Me, I’ve got only my bag here and my umbrella. And I got a chance to take my jacket. And then that’s all I have now, nothing else. I’m lose everything. Even my trust now. I lose my hope too. I don’t know what I’m going to do.”

Even residents who didn’t lose their homes were battered by the destruction.

Both electricity and water to Mega Village was out for nearly a week.

Appliances were broken, furniture and belongings were drenched and damaged.

The government has pledged to deliver aid to everyone affected, but for residents battling to clear out the debris, help wasn’t coming fast enough.

Tutu Hlophe, a sangoma or traditional healer in Mega Village, started his cleanup, hand-washing the mud off his clothes and linens, along with his neighbors.

He said it wasn’t the first time the area was flooded — although it was the worst — and he doesn’t trust the ruling African National Congress to deliver aid.

“This government of ANC can’t help us,” he said. Ten years now staying in this area, everything is not okay.”

He added that change is needed because people are just suffering and need the government’s help.

Officials from the regional government visited the community Friday to assess the damage and prioritize what necessities need to be delivered.

Cosmos Khanyeza, a community leader in Umlazi, who was helping set up temporary shelters for flood victims and collect aid, said officials promised to bring foam mattresses and blankets for the homeless Saturday.

“People they are sleeping down, down on the floor on this cold weather,” he said. “And people are scared to go back to their shacks or to build another shack in that place because they said they don’t (want to) become the victims again if the floods happen again.”

Those in shelters may be staying dry, but low-lying communities have found themselves at risk again.

The South African Weather Service warned heavy rains that returned Saturday could cause repeated flooding and mudslides, further damaging homes and infrastructure.

Source: Voice of America

South Africa’s flood-ravaged east was hit by more rain Saturday after the deadliest storm to strike the country in living memory killed nearly 400 people and left tens of thousands homeless.

Floodwaters engulfed parts of the southeastern coastal city of Durban this week ripping apart roads, destroying hospitals and sweeping away homes and those trapped inside.

Emergency services in the southeastern KwaZulu-Natal (KZN) province, where Durban is located off the Indian Ocean coast, were on high alert.

Recovery operations and humanitarian relief were underway in the city of 3.5 million, which would normally have been teeming with Easter holiday-makers this weekend.

Toll rises

The death toll rose Saturday to 398 while 27 people were still reported missing, the government said in a statement. More than 40,000 have been rendered homeless.

“Sadly there are still bodies being recovered from homesteads, especially from the rural areas,” Shawn Herbst of the first responder company Netcare 911 told AFP.

“There is still damage taking place, especially with the rain we are experiencing today,” he added.

This weekend’s rainfall will not be “as hectic as it was in the past few days,” according to Puseletso Mofokeng, South Africa Weather Service forecaster.

But with soil being oversaturated with water, more flooding is expected.

Rugby match canceled

Despite the light rains falling on the city, a local premiership league football match between AmaZulu and Maritzburg United went ahead at the 2010 World Cup Moses Mabhida Stadium Saturday.

But a Currie Cup rugby match between local team, the Sharks, and the Bulls from Pretoria, scheduled for the city was canceled Friday as a mark of respect for victims of the flooding.

Troops, police and volunteers are leading the search and rescue operation.

Residents of Mariannhill, desperate for news of their missing relatives were relieved at the sight of rescuers, but the dread of fresh rains lingered.

“We have the rescue team finally … reach here, but seeing the rain that is coming back, they are going to be disrupted,” said Dumisani Kanyile after recovery teams failed to find any of the 10 members of one family missing in the Durban district.

Mesuli Shandu, 20, a close relative of the family, was still in a state of disbelief “that a massive number of people died in one day, including babies.”

“When I came, I thought it was a dream, maybe someone would pinch me and say it was a dream, just wake up.” But “I see all the rescuers and the dogs searching for their bodies.”

Another disaster

Six days after the floods first struck, hope of finding survivors is fading, and Durban emergency medical services representative Robert McKenzie said the response was now focused on recovery and humanitarian relief.

“We have moved from the emergency phase to the recovery phase of the disaster, more to humanitarian relief effort and restoration of services,” he told AFP.

Survivors are still desperately looking for missing relatives.

The floods have damaged more than 13,500 houses and destroyed around 4,000, leaving 58 hospitals and clinics “severely affected,” said a government representative.

Clean water is scarce, and authorities have promised to deploy water tankers. Residents were using shopping trolleys to carry water buckets.

Relief aid and donations

The government has announced 1 billion rand ($68 million) in emergency relief funding.

Confederation of African Football (CAF) chief billionaire Patrice Motsepe donated what he called a “humble contribution” of 30 million rand ($2 million, 1.9 million euros).

“Our people are suffering,” said Motsepe at a hall sheltering displaced people.

President Cyril Ramaphosa has postponed a working visit to Saudi Arabia that was scheduled to begin Tuesday, his office said.

“The loss of nearly 400 lives and thousands of homes, as well as the economic impact and the destruction of infrastructure, calls for all hands on deck,” Ramaphosa said.

South Africa, the continent’s most industrialized country, is still struggling to recover from the 2-year-old COVID pandemic and deadly riots last year that killed more than 350 people, mostly in the now flood-struck southeastern region.

Source: Voice of America