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DBSA approval of Poseidon water project grant/loan: CEO Sandile Sokhela seems to be economical with the truth

DBSA approval of Poseidon water project grant/loan: CEO Sandile Sokhela seems to be economical with the truth

Mr Enoch Godongwana Chairman of the Board of Directors Development Bank of Southern Africa PO Box 1234 Halfway House 1685 Dear Mr Godongwana DBSA APPROVAL OF POSEIDON WATER PROJECT GRANT/LOAN: CEO SANDILE SOKHELA SEEMS TO BE ECONOMICAL WITH THE TRUTH 1. I write to your good office regarding a grant/loan application submitted to the Development Bank of Southern Africa (DBSA) by Poseidon Pty Ltd (‘Poseidon’). 2. According to the information at my disposal, the DBSA had on 26 March 2020 approved funding for Poseidon to the tune of R50 million to conduct feasibility studies, for some kind of water project/s, in South Africa and other Southern African countries. Another R300 million is apparently still to be disbursed for the implementation of Poseidon’s project. 3. In terms of the DBSA’s March approval, Poseidon’s shareholding is as follows: 4. As I understand it, Harith General Partners invested in Crede Power and Infrastructure Investments (‘Crede’) via a capitalisation of R25 million over a four-year period to fund continued operational and other costs. Harith invested in Crede with an objective to capacitate an emerging fund manager that would complement the activities of Harith as a fund manager to the Pan African Infrastructure Development Funds (PAIDF I and II). To date Crede has drawn down R12 million of these funds. 5. My information shows that the DBSA Compliance Unit undertook Politically Exposed Persons (PEPs) checks on Poseidon’s shareholder and group companies and various directors were identified as PEPs by virtue of them being board members of various state-owned entities. Amongst others, the following is identified as a PEP: • Mr Tshepo Mahloele who is a non-executive director in the Crede was identified as a PEP by virtue of him being a former board member of Telkom SA in 2008; his PEP status is inactive as of 2008. Mr Mahloele is the CEO of HGP and sits on Crede’s board. 6. As you are aware, I recently wrote to the President of the Republic (letter attached for your ease of reference) to register my concern over what seems to be another attempt to loot state resources, as had occurred at the Public Investment Corporation, but this time at your organisation, using Poseidon as a vehicle. I had sourced some of my information from their websites, but I have since discovered that both Crede Capital Partners and Crede Power and Infrastructure Investments’ websites (https://credecapital.co.za/ and http://credepower.co.za/ respectively) have been discontinued/are no longer visible. Would one be wrong in surmising that someone is trying to cover their tracks? 7. In particular, during my initial search, Crede Power and Infrastructure Investments’ website proudly shared that Mr Tshepo Mahloele was its director, but I was recently confronted with a letter from Crede/Poseidon’s lawyers (also attached) categorically stating that Mr Mahloele has never been its director. What is however extremely odd is that, Mr Mahloele himself, in his written submission on 15 April 2019, to the Judicial Commission of Inquiry into allegations of impropriety at the Public Investment Corporation (‘Mpati Commission’) declared in Paragraph 3.3 that: “In addition to the positions already referred to, I also serve on the boards of NOVO Energy, Anergi, Lanseria International Airport, Rainfin, 4 Africa Exchange, Crede Power & Infrastructure Investments and Dark Fibre Africa, amongst others.” One is forced to ask whether Mr Mahloele had then lied to the Mpati Commission, or whether Mr Sandile Sokhela, Crede’s Chief Executive Officer, is lying now (or has lied in his grant/loan application to the DBSA). Someone is definitely lying, and one is worried that public entities, such as the DBSA, are doing business with people of this ilk. 8. I have instructed my attorney, Mr Eric T Mabuza, of Mabuza Attorneys, to submit a Promotion of Access to Information Act (PAIA) application to the DBSA to obtain the attending documentation of Poseidon’s DBSA loan/funding application e.g. the application itself, information on the DBSA’s due diligence, relevant minutes of DBSA meetings, contracts, and any other pertinent information. I implore you to cooperate with our PAIA application, not only because it is to the DBSA’s advantage, but also because it is in the public’s interest that the truth comes to light. 9. Given that the DBSA board has already approved Poseidon’s grant/loan it might be advisable that you immediately suspend any disbursement/s to that company until the matter is satisfactorily addressed by the President and/or the courts. I am at your disposal and look forward to engaging with you. Yours sincerely Mr Bantu Holomisa, MP UDM President Copied to: President of the Republic of South Africa, Mr Cyril Ramaphosa Minister of Finance, Mr Tito Mboweni PIC Chairperson, Dr Reuel Khoza DBSA Company Secretary, Ms Bathobile Sowazi Mabuza Attorneys, Attorney ET Mabuza

DBSA: looting of state resources by some of the same people involved in the Public Investment Corporation saga

DBSA: looting of state resources by some of the same people involved in the Public Investment Corporation saga

Dear Mr President DBSA: looting of state resources by some of the same people involved in the Public Investment Corporation saga 1. I write to you with grave concern over the apparent looting of state resources by some of the very same individuals that were found to have had enhanced ability to secure easy access to Public Investment Corporation (PIC) funds. We seem to have the same style of legal corruption, but this time it is at the Development Bank of Southern Africa (DBSA). A curious feature, however, is the emergence of the involvement of the Chairperson of the Government Employees Pension Fund (GEPF). Elitist people seem to behave like locusts that hop from one source of easy funding to the next; voraciously consuming every opportunity they can generate through whatever means. Once they have depleted one source, they effortlessly jump to the next one with the same agenda – enriching themselves at any cost and patting themselves on the back for being such clever operators. 2. I believe your appointment of the Judicial Commission of Inquiry into allegations of impropriety at the PIC, under the leadership of the Honourable Justice Lex Mpati, (‘the Mpati Commission’), was, amongst other concerns, exactly to look into this kind of behaviour that now seems to rear its ugly head at the DBSA. 3. I wish to refer you to an observation made by, and a salient finding of, the Mpati Commission regarding a company called Harith. The Mpati Commission, on page 419, of its report to President Ramaphosa, directly quotes part of my submission, i.e.: “One of the most difficult tasks regarding dealing with the type of corruption that is alleged to have happened at the PIC is the sophisticated nature of the transactions. Corruption can come in two forms, legal and illegal corruption. Legal corruption occurs when the elite build a legal framework that protects corruption or manipulate existing legal framework without necessarily breaking the law.’ The Mpati Commission continued saying that: “When going through the story of Harith, these words resonate.” In paragraph 62 on page 434 the Mpati Commission also stated that: “Harith’s conduct was driven by financial reward to its employees and management, and not by returns to the GEPF. In essence, the PIC initiative, created in keeping with government vision and PIC funding was ‘privatised’ such that those PIC employees and office bearers originally appointed to establish the various Funds and companies reaped rich rewards.” Clearly there is enough motivation to have, at the very least, immediately suspended Harith’s management of any and all of PIC/GEPF funds and launched further investigation. Has government taken any action to protect the PIC/GEPF from these self-enriching individuals? If not, why not? 4. To make matters worse, this recipe for plundering state resources is seemingly being replicated at the DBSA with the very same people involved. This time, at the face of it, with a new vehicle called Poseidon Pty Ltd, of which the shareholding is as follows: On a side note, according to Crede Capital Partners’ website, their team has managed two PIC projects i.e. “Univen” (R920 million) and the “Oceans Hotel Property Development” (R600 million). The Mpati Commission’s view that where Harith was concerned, “…the approach taken provided easy access to PIC funds, influence and including an enhanced ability to secure additional investment…”, it is therefore of interest to know that another company with close ties to Harith Group Chief Executive Officer, Tshepo Mahloele, had access to PIC contracts. 5. The DBSA has recently funded Poseidon to the tune of R50 million to conduct feasibility studies, for some kind of water project/s, in South Africa and other Southern African countries. Another R300 million is apparently still to be disbursed for the implementation of Poseidon’s project. 6. The Mpati Commission also said in its report on page 436, paragraph 67, that: “The Board of the PIC should examine whether the role played by either Mr [Jabu] Moleketi and Mr Mahloele breached their fiduciary duties or the fit and proper test required of a director in terms of the Companies Act.” With this knowledge in mind, please take note that Mr Moleketi (a former DBSA board chairperson) and Mr Mahloele (former head of the DBSA’s Private Sector Investment Arm) are both directors of Poseidon. Mr President, history is repeating; Mr Moleketi had fulfilled the highest leadership roles at both the PIC and Harith. Mr Mahloele, in turn, had been internally transferred (as the Mpati Commission described it) as head of the Pan African Infrastructure Development Fund (PAIDF) to Chief Executive Officer of Harith. The following persons are also Poseidon directors: 6.1. Dr Renosi Mokate (GEPF Board Chairperson), 6.2. Ms Lungile “Zee” Cele (independent non-executive director of Harith General Partners and a former board member of Eskom Holdings SOC Ltd), 6.3. Mr Roshan Morar (former PIC Deputy Chairperson, former Chairman of the South African National Roads Agency SOC Ltd, chairman of Ithala Development Finance Corporation (Ltd) and non-executive director of Harith General Partners) and 6.4. Ms Motseoa Alix-Mary Lugemwa (former Chairperson of the Gautrain Management Agency Board and non-executive director of PAIDF). This list reads like a dream-team of politically exposed persons (PEPs) who seemingly have access to public funds. It is especially worrying to find the name of Dr Renosi Mokate on this list; a scenario where a GEPF Chairperson has access to public funding using a private conduit, after having seen what happened at the PIC, is indefensible. She must be removed as GEPF Chairperson with immediate effect. It is also worth noting that Mr Roshan Morar is named and shamed in the Mpati Commission’s report regarding the Lancaster Steinhoff, Project Sierra case study. The Commission on page 41, paragraph 98, said that: “The chair of the IC [Investment Committee] was Mr Roshan Morar, a PIC non-executive director, who signed off on the IC resolution for this investment. At the same meeting, he was also appointed as a board member to L101 representing PIC’s interests which clearly indicates a conflict of interest.” 7. It would be advisable that Treasury quickly intervenes in the DBSA’s funding of Poseidon’s water project and that it immediately freezes the payment of the first tranche of R50 million, as well as the second tranche of R300 million implementation funding, until the Mpati Commission’s findings and recommendations are addressed. If the R50 million has already been disbursed, it must also be recouped in the meantime and it might be advisable to follow the paper trail to see if the money was spent for its intended purposes. 8. Another matter that I wish to address with you is that of Ms Irene Charnley and her inclusion on the PIC’s interim board. She allegedly received R1,7 billion (in today’s terms) from the PIC for her company, Smile Telecoms Limited. I wrote to Finance Minister Tito Mboweni about this matter on 3 June 2020 and have attached the letter for your ease of reference. Since writing that letter, I have heard that the PIC has written the R1,7 billion off as a bad investment. Moreover, it has come to my attention that Ms Charnley has also knocked on the DBSA’s door for funding. She received a USD 20 million loan, which she has failed to pay back. The Al Nahla Group, with whom she is partnered, is a Saudi Arabia-based company. The situation might mean the PIC and DBSA’s monies were channelled out of South Africa on purpose and someone else is smiling to the bank, because it definitely is not South African investors. We now know of two instances where Ms Charnley dipped into public funds, where the money seems to have evaporated into thin air. On what basis would a government serious about fighting corruption dispatch a person of this quality and competence to resuscitate a key public entity such as the PIC? The consequences for her actions should not have been to be rewarded, at the very least, she should be immediately removed as a member of the PIC’s interim board. Yours sincerely Mr Bantu Holomisa, MP President of the United Democratic Movement Copied to: Minister of Finance, Mr Tito Mboweni DBSA Chairperson, Mr Enoch Godongwana PIC Chairperson, Dr Reuel Khoza

UDM calls for urgent meeting of Public Enterprises Portfolio Committee to discuss SAA

UDM calls for urgent meeting of Public Enterprises Portfolio Committee to discuss SAA

Early in February 2020, Public Enterprises Minister Pravin Gordhan briefed the Portfolio Committee of Public Enterprises and the Standing Committee on Public Accounts on the December 2019 decision to put South African Airways (SAA) under business rescue. A decision was then taken that the business rescue practitioners (BRPs) were to table their business rescue plan to these Committees by March 2020. This did not happen due to the Covid-19 lockdown. As we now know, the initial R5.5 billion government had provided to sustain the business rescue process has been spent and Minister Gordhan has apparently refused the additional R10 billion the BRPs have asked for to cover the costs of resuscitating SAA post-lockdown. The BRPs have already asked, and received, three extensions of the deadline to publish their business rescue plan. Why are they dawdling and missing their deadlines? At the rate they are going one wonders whether they plan to rescue the airline or whether they have a mandate from some quarters to destroy it. The United Democratic Movement (UDM) is of the view that SAA’s BRPs have been running roughshod over the process and the fact that the Public Enterprises Portfolio Committee has not been meeting due to the Covid-19 lockdown, means that no oversight is taking place. This is serious cause for concern. We now hear that SAA is offering severance packages to its approximately 5,000 employees, a proposal the BRPs have come up with after government indicated that it is broke. This threat of job losses is a move on the BRPs’ part to blackmail government, and therefore the taxpayer. From the UDM’s point of view, those who have looted SAA with impunity during state capture must be brought to book, because if the stolen monies were paid back where it belonged, it could have been used as a resource to avoid retrenchments. SAA’s thousands of workers should not be made to suffer because of a few greedy individuals who have appropriated public funds for private use. For the UDM, the key issue is that business rescue must be dealt with comprehensively and not in the piecemeal fashion we have been witnessing. For instance, the nation had been informed that SAA planned to sell assets to fund the proposed retrenchment process, but one wonders at the move to do so before there is a rescue plan in place? It is critical that the Minister of Public Enterprises tables the rescue plan before the Public Enterprises Portfolio Committee and that he explains the circumstances around SAA so that pertinent questions may be answered. Another matter that the Minister needs to explain and discuss with the Committee is that SAA, like other state-owned enterprises, is top heavy. The UDM therefore believes it is critical that this Committee should urgently meet in a virtual setting to receive the Minister’s report and to discuss SAA’s situation and the so-called rescue plan. Issued by: Mr Nqabayomzi Kwankwa, MP UDM Deputy-President and Chief Whip in the National Assembly Member of the Public Enterprises Portfolio Committee

South African Post Office Service Sucks: Poor service delivery

South African Post Office Service Sucks: Poor service delivery

The United Democratic Movement (UDM) is disheartened by the poor service rendered by the Post Office, The Tramshed branch in Pretoria (Tshwane) cbd to be precisely has been offline for quite some time. The customers are receiving a raw deal. This post office cannot provide basic services to its customers, for example, one cannot apply for a post box or pay for television licence or do transactions on the atms that are lying there and collecting dusts or certifies documents, etc Not so long ago, Minister Stella Ndabeni-Abrahams has promised an improvement and efficiency within the Post Office, none of that has taken place. When the Minister was re-appointed, the UDM had so much confidence on her but now one can see through her that that she was rhetoric when she committed herself in making the post office more efficient and that it will operate like full- fledged commercial bank. Seemingly, her priorities are skewed as her interest is more on 4IR conferences in each month. On the other side she is taking decisions to shut down some of the branches that are most effective branches, like the one at Arcadia, in Pretoria. The unemployed youth is applying and certifying at the Post Office because it is more convenient to get things done at one place, than having to go to the South African Police Service and then go elsewhere to send documents. The pensioners have been encouraged to make use of Post bank facilities but the big question are, how is this going to be possible if the post office can be “Offline” for months? If a post office in the capital city is failing to deliver basic services, how much more in the rural areas? This is not only affecting the communities but the morals of the Post office staff, it is tiring to tell people one thing that “We are offline”. What happened to the principle “Batho-pele?” The UDM calls on the Minister of Telecommunications and Postal services to take serious of her portfolio and mandate of her department. The role that this SOE plays is central in servicing the communities but its performance leaves a lot to be desired.

#StateCapture inquiry D/Chief Justice Zondo’s team must have forensic people and TOR must be based on Thuli Madonsela’s good work

#StateCapture inquiry D/Chief Justice Zondo’s team must have forensic people and TOR must be based on Thuli Madonsela’s good work

Deputy Chief Justice Raymond Zondo Private Bag X1 Constitution Hill Braamfontein 2017 Dear Sir STATE CAPTURE INQUIRY NEEDS A STRONG TEAM COMPRISED OF VARIOUS EXPERTS AND THE FORMER PUBLIC PROTECTOR’S FINDINGS AND REMEDIAL ACTIONS MUST FEATURE STRONGLY IN THE TERMS OF REFERENCE The United Democratic Movement (UDM) congratulates you on your appointment as the head of the inquiry into State Capture that has been instituted based on the prima facie evidence uncovered by, and the advised course of action of, the former Public Projector Thuli Madonsela. You have an enormous task ahead of you that will require in-detail investigation, sober minds, strict adherence to the law. To describe this inquiry as “tricky” is a somewhat of an understatement. The UDM wishes to submit that you should be surrounded by strong team which includes forensic audit experts, and representatives of the Hawks, to ensure that no stone is left unturned, and that the paper trails are followed to exhaustion. It would also be advisable that the National Intelligence Agency NOT be involved in any shape or form. Regarding the terms of reference for the inquiry, the prima facie evidence and remedial actions, as stated by the former Public Protector, should form the basis thereof. It is the work of the former Public Protector, her findings and remedial actions which saw the UDM and other parties in and out of court to force the matter to fruition; we have at last reached that point, where the truth will be revealed. We would however suggest that one of your urgent first stops should be a meeting with all the banks where the Gupta family held accounts to establish exactly how money was laundered and why, in fact, their accounts had been closed. This will of course require a detailed forensic auditing as well. The second aspect that bears urgent scrutiny is, which State-Owned Enterprises (SOEs) had tainted relationships – no matter how tenuous it may seem at face value – with the Gupta family, but in particular which individuals and/or political parties may have benefitted from shady dealings and corruption. We wish you the best in this onerous task and hope that you will thresh the corn from the chaff to get to the bottom of State Capture and that any and all guilty parties will be brought to book. Lastly Sir, you will agree that time is of the essence. To have any delay in starting your work, or to have a drawn-out affair would not serve justice. We are not proposing that thorough investigation should be sacrificed for speediness, but the Nation deserves the full truth as soon as humanly possible. Yours sincerely Mr Bantu Holomisa, MP UDM President

UDM rejects Government’s attempts to tap into PIC funds to bail out failing SOEs

UDM rejects Government’s attempts to tap into PIC funds to bail out failing SOEs

The allegations that the Ministry of Finance is trying to access Public Investment Corporation (PIC) funds to bail out failing State Owned Enterprises (SOEs) confirm the United Democratic Movement’s (UDM’s) long-held suspicion that the mafia styled ruling elite would, once cash-strapped, extend its grubby hands to workers’ pensions entrusted to them for safekeeping. The true intention of these transactions is not to bail out struggling SOEs, but rather to ensure that there is enough state resources to plunder for those “whose turn it is to eat”! We therefore reject any attempts by government to use PIC funds to fund failing SOEs. Bearing the aforementioned in mind, the UDM believes that steps should be taken to develop a mechanism to protect workers’ assets against abuse and misuse by government. Such a mechanism should, among others, also ensure that workers, as a key stakeholder, have a voice in how and where their assets are invested and accessed. In addition, steps should be taken to restructure the PIC board to ensure that other stakeholders are accommodated and that it is not under the full control of government. We call for the implementation of more checks and balances, with minimal bureaucracy, such as risk mitigation systems and a watertight Code of Ethics. We demand a comprehensive investigation of all transactions since 2009, as we believe that under Mr Zuma, the PIC may have been used as a source of funding for suspicious deals that have nothing to do with growing an inclusive and distributive economy. Statement issued by: Mr Nqabayomzi Kwankwa, MP UDM Deputy President and Chief Whip