Advocate Busisiwe Mkhwebane
Public Protector South Africa
Private Bag X677
Dear Advocate Mkhwebane
Glencore: US indictment
1. I write to you on the heels of the United States of America (US) fining Glencore PLC with penalties to the US alone for violating the US Foreign Corrupt Practices Act (FCPA) and manipulating commodity prices with a total of approximately USD1.2 billion.
2. Although South Africa was not specifically cited in this indictment, the likelihood of these practices happening in South Africa is quite high, especially given Mr Brian Molefe’s testimony at the Zondo Commission. In the media seven African countries were mentioned in the American indictment, it might be that South Africa is one of them?
3. The Public Protector, as the originator of the State Capture Report, has great insight into the entire matter of state capture and could take up the issue with the US government with the assistance of the Zondo Commission’s lead investigators, the Special Investigating Unit and possibly the National Prosecuting Authority.
4. There is, furthermore, a deeper principle that should be considered. Should the US government be able to assist us in uncovering corruption of the same nature here on home soil, should it not be South Africans that should benefit from any fines and/or penalties as they were the ones who were the victims of this corruption?
5. I sincerely hope that you will consider this suggestion.
Mr Bantu Holomisa, MP
President of the United Democratic Movement