Advocate Kholeka Gcaleka
Public Protector South Africa
Private Bag X677
Pretoria
0001
Dear Advocate Gcaleka
Registration of a complaint with the Public Protector about allegations in regard to a Transnet tugboats tender, the disposal of Viamax and the Public Protector/KPMG forensic investigation
1. I write to you regarding the abovementioned matter after Mr Iqbal Meer Sharma had approached my office regarding the fact that he had made his submission to the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State (Zondo Commission) and never was heard in terms of allegations around a Transnet tugboats tender, the disposal of Viamax and the Public Protector/KPMG forensic investigation.
2. This effectively meant these issues were never aired and, as he put it in his attached affidavit, that “In the course of my work as a Director, my colleagues and I came across certain matters of impropriety and malfeasance that needed further investigation. We also came across matters which could be loosely described as ‘cover-ups‘.
3. As you might be aware, Mr Sharma had been Transnet’s director from December 2010 to October 2014. He served on the Board Acquisitions and Disposals Committee (BADC) and the Corporate Governance Committee. In August 2012, he became head of the BADC.
4. Mr Sharma has made revelations in his attached affidavit that simply cannot be ignored and bears investigation, with some very prominent names appearing therein who should be above approach.
5. Mr. Sharma stated that in December 2010, the former Public Protector, Advocate Thuli Madonsela, received a complaint dating back to 2009 from the then Chairperson of the Portfolio Committee on Public Enterprises, Vytjie Mentor (now deceased). The complaint alleged tender irregularities and abuse of power at Transnet.
Additionally, Mr. Sharma alleges that following the publication of these allegations in the media, Transnet issued a statement on 17 September 2009 denying the claims and later held a media briefing on 4 December 2009. Subsequently, in January 2012, a forensic report on the matter was completed, which included recommendations such as laying charges with the South African Police Service (SAPS).
He said in his affidavit that: “Yet no action was taken against people identified in the report. On the contrary, they were allowed to resign and move on to gainful employment in other organs of State” and that “The Public Protector’s office has no record of any such investigation ever being conducted, which points to a complete scrubbing of any communication or evidence related to the investigation and its report by the previous Public Protector.”
6. Given Mr Sharma’s assertions in Paragraph 5, I would like to establish what had happened to Advocate Madonsela’s report and what, if any, follow-up was made regarding the matter.
7. I therefore submit Mr Sharma’s affidavit to you formally to lodge a complaint and to request that the Public Protector’s Office investigate the allegations and assertions made in his statement. The full story is of course available from Mr Sharma, as well as all the annexures of his affidavit, but since it is so voluminous and for the sake of expedience, I just add the main body. I would be more than happy to put you into contact with him.
8. Hope to hear from you soon.
Yours sincerely
Mr Bantu Holomisa, MP
President of the United Democratic Movement
