Admin
03 Jun, 2020
Composition of PIC interim board: beneficiaries should not be members
Honourable Minister Mboweni QUESTIONS AROUND THE COMPOSITION OF PUBLIC INVESTMENT CORPORATION’S BOARD: BENEFICIARIES SHOULD NOT BE ALLOWED TO SERVE 1. Some time has lapsed since the 995-page report of the Judicial Commission of Inquiry into allegations of impropriety at the Public Investment Corporation, as lead by the Honourable Justice Lex Mpati (‘the Mpati Commission’), was handed over to President Ramaphosa and was released to the public on 12 March 2020. 2. One of the consequences of the Coronavirus lockdown is that I had the opportunity and time to read the voluminous Mpati Commission’s report and apply my mind to the size of the task of implementing its recommendations, over and above the management of the Public Investment Corporation’s (PIC) day-to-day business. 3. From my personal experience of the way the Mpati Commission functioned and reading its report, I believe that the commission did a sterling job. We will hopefully see sweeping changes that will lead to the PIC being a responsible organisation, as well as rooting out corruption and poor administration. South Africans will hopefully see the police, the Directorate for Priority Crime Investigation (Hawks) and the National Prosecuting Authority continue investigating and bring culprits to book. 4. Regarding the implementation of the Mpati Commission’s recommendations at the PIC, the complexity of the job ahead and the fortitude required to complete it requires the most competent, qualified, and trustworthy individuals. The PIC’s board and administrators must have the best interests of the PIC, and by extension the South African Government Employees Pension Fund (GEPF), at heart. 5. This knowledge and given the poor track-record of past PIC boards brought me to my next exercise, which was to look at the composition of the PIC’s incumbent interim board which you appointed in consultation with cabinet almost a year ago. 6. To my surprise, in doing my quick study, I came across an individual who now sits on the PIC’s interim board, who is a past PIC beneficiary. 7. That person is Ms Irene Charnley; the company is her Smile Telecoms Limited, to which the PIC committed an investment of USD 100,000,000 in 2015. This is a little more than R1,7 billion when calculated at today’s Rand/Dollar exchange rate. The PIC Investment Details sheet where I obtained this information, is available at https://www.pic.gov.za/DocPresentations/95.-Smile-Telecoms-Holdings.pdf). 8. It is an interesting side-note that, at the time, the now disgraced former PIC CEO, Dr Daniel Matjila, said: “We are excited about our investment in Smile Telecoms as it provides us with an opportunity to accelerate and realise our mandate to invest in the rest of the African continent.” 9. Given this information I have provided thus far, I could not help but ask whether history was repeating; and it left me feeling quite uneasy. 10. This discovery piqued my interest and I also did a cursory internet search on Smile Telecoms Limited (‘Smile’) and found the following information, the context of which will become clear in my later questions to you: 10.1. “Capitalworks” is listed as Smile’s “partner” on its website but is named “CapitalWorks SSA” on the Investment Details sheet. Presumably, this name difference is due to there being different divisions of the same company. I then found an announcement that an entity called “Capitalworks Group”, in 2017, had launched “Africa Capitalworks”, an investment company, which aimed to raise USD 300 million to “…deploy permanent equity capital in mid-market companies in strategically selected sectors across Sub Sahara Africa (“SSA”) (excluding South Africa)”. This discovery in itself is not interesting, what however is, is that they had “… already secured early support and substantial investment, including from CDC, the UK’s development finance institution, and the Public Investment Corporation SOC Limited (PIC) on behalf of its client the South African Government Employees Pension Fund (GEPF).” 10.2. I also found a PIC document called “ISIBAYA DETAILED INVESTMENT SCHEDULE AS AT 31 MARCH 2017” which is available on, investigative journalism organisation, Amabhungane’s website at https://amabhungane.org/wp-content/uploads/2018/08/170331_PIC-Unlisted-assets.pdf. Under the column called “FRESG Performance” the following is written about Smile: • “Financially Underperforming – economic headwinds, devaluation of local currencies mainly Nigeria and stiff competition led to underperformance”, • “Owner Managed Companies – Corporate governance principles are compromised- Governance policy, Delegation of Authority, succession planning and risk management framework need to be in place” • “Establishment of Social and Ethics Committee to manage the Representatives of local people on the boards be increased to ensure legislation in countries that advocate local representation on the board.” 11. Given the above information the following questions arose in my mind: 11.1. Were you aware that Ms Charnley had been a PIC beneficiary when you appointed her as an interim board member? If so, do you consider this to be a healthy situation and what were your reasons for continuing with her appointment despite the knowledge? 11.2. What was the agreement in terms of the USD 100,000,000 investment the PIC made in Smile and has investment paid dividends, especially given the PIC’s 2017 conclusion that Smile was “financially underperforming”? What were the implications of this lack of performance? Did the PIC write off this investment and if so, would this not constitute mere looting? 11.3. The PIC concluded that Smile’s “Corporate governance principles are compromised” whilst the company was squarely under Ms Charnley’s management. Would you agree that this casts doubt on Ms Charnley’s suitability to function at board level? 11.4. Did CapitalWorks SSA/Capitalworks Group/Africa Capitalworks receive PIC/GEPF funding? If so, what are the details, and would you consider it compromising that a board member has yet another link to a PIC beneficiary? The United Democratic Movement would argue that there is enough evidence that warrants that Ms Charnley must vacate her seat on the PIC board immediately. One other matter I would like to raise with you is the appointment of Mr Abel Sithole as the new PIC CEO. It would serve us well to remember that the GEPF wrote off billions of rands in investment losses, as was reported in 2018, whilst he was that entity’s Principal Executive Officer. Some of those so-called investments were quite dodgy and this scenario means that Mr Sithole is a man who failed at his job. Surely there were other competent individuals available for your consideration. We do not want to conclude that his appointment is to merely clean-up the mess he was part of and covering tracks in the process. We look forward to your response. Yours sincerely Mr Bantu Holomisa, MP President of the United Democratic Movement
Admin
05 Apr, 2019
Mpati Commission should look at GEPF and PIC investment in Sibanye-Stillwater
The United Democratic Movement (UDM) wishes the Mpati Commission to take a deep look into the investment linkages between the Government Employees Pension Fund, the Public Investment Corporation and Sibanye-Stillwater. Sibanye had acquired the Stillwater Mining Company and is located and managed in two regions i.e. Southern Africa region and the United States region. We understand that the Government Employees Pension Fund (GEPF) and the Public Investment Corporation (PIC) has invested in Sibanye-Stillwater. The questions the UDM wishes the Commission of inquiry into allegations of impropriety regarding the Public Investment Corporation to ask, are, amongst others: • How much of the GEPF and the PIC’s monies are invested in this deal? • How much of that money lies outside our borders? • How was the deal structured and what does this mean for government workers’ pensions? • Why is Sibanye-Stillwater hellbent on retrenching South Africans thus jeopardising the future of hundreds-of-thousands of mineworkers, especially considering the impact that retrenchments have on these families where those salaries are their only source of income. To get to the bottom of the matter, the Mpati Commission should summon the aforementioned parties to testify before it, as well as the Association of Mineworkers and Construction Union which have made allegations of wrongdoing in the company. Issued by: Mr Bantu Holomisa, MP UDM President
Admin
06 Feb, 2019
R116m of the PIC’s money to allegedly be spent on UWC student accommodation without due diligence
Dear Honourable Minister Mboweni REQUEST FOR THE URGENT INTERVENTION ON THE POSSIBLE IRREGULAR FUNDING OF IKHAYA STUDENT ACCOMMODATION (PTY) LTD BY THE PUBLIC INVESTMENT CORPORATION The above has reference, and I attach hereto relevant documents for your ease of reference. The referenced documents suggest, amongst others, that: 1. Based on an email dated 4 February 2019 from the Public Investment Corporation’s (PIC) Roy Rajdhar to some George Blackenberg, it appears, that the PIC is on the verge of transacting an amount exceeding R116 million, purportedly for the construction of student accommodation for the University of the Western Cape (UWC). 2. Disturbingly, there does not seem to be an existing approval and due diligence. Neither is there an approval by UWC council. According to the letter dated 30 May 2018, and signed by the UWC Head of Legal Service, such a project would be subject to the approval of the Executive Management, the Council and reported to the Minister of Higher Education. Without confirmation of these provisions, it is surprising that the PIC is on the verge of funding this project. 3. Furthermore, the two registration numbers which are (2007/025898/07 and 2013/144938/07- found in the referenced documents) have been listed under the Ikhaya Student Registration Company and appear to be inconsistent with the company details. 4. According to the attached document, titled “STRICTLY PRIVATE AND CONFIDENTIAL – Indicative Term Sheet Issued by the PIC to the Ikhaya Student Accommodation Proprietary”, signed by the PIC’s Roy Rajdhar (Executive Head: Development Investment) and Rodger Lionel Hendrick, (Chief Executive Office of Ikhaya Student Accommodation), may shed light for your ease of reference. 5. With regard to Rodger Hendricks, it is alleged that he has been sequestrated by a court of law in a separate case dealing with student accommodation services within the Cape Peninsula University of Technology (CPUT). It would be apt to establish, at this time, his alleged historical conduct for the purposes of this investigation in order to provide a character assessment. 6. According to our quick search with the Companies and Intellectual Properties Commission (CIPC), this company include Dennis Henry George, Michelle Xaviera Gabler and Carl Liebenberg as active directors. Find attached the results from CIPC. The inconsistence on the registration numbers referred to above may be clarified by these directors. Accordingly, I request your good office to: • Stop any envisaged financial transaction as per the email dated 4 February 2019; and • Subject the entire transaction to the current PIC enquiry. I will be pleased to be advised on the steps taken by your office at all material times. Sincerely yours, Mr. Bantu Holomisa, MP President United Democratic Movement
Admin
01 Feb, 2019
UDM welcomes resignation of PIC board
The United Democratic Movement welcomes the resignation of the Public Investment Corporation’s (PIC) board. The Mpati Commission can now go ahead and do a thorough investigation into the ins and outs of the allegations of corruption that surrounds the PIC. The UDM has equivocally stated in the past that the current board cannot play judge and jury in the investigation into the apparent corruption at the PIC. An interim board must be appointed as soon as possible, but not in a rushed manner. The UDM calls on finance minister Tito Mboweni, to ensure that all potential members of an interim board are thoroughly screened and vetted before they are appointed to ensure that the people who serve on it, is above any suspicion. Issued by: Mr Bantu Holomisa, MP UDM President
Admin
17 Oct, 2018
UDM welcomes announcement of PIC commission of inquiry
The United Democratic Movement welcomes the president’s announcement of the appointment of Justice Lex Mpati as the head of the commission of inquiry into the allegations of corruption at the Public Investment Corporation (PIC). The inquiry should clean-up the mess at the PIC and get to the bottom of the rot we have seen exposed in the media for quite some time. The pension funds of past and present government employees should be protected from the ruthless sharks that are eating away at their financial futures. We reiterate our call that PIC chief executive officer, Dr Dan Matjila, who played a pivotal role in, for example the Mozambican oil deal, the VBS Mutual Bank scandal, the Ayo Technologies and Sagarmatha Technologies mess, should be suspended with immediate effect, which is in line with international norms and standards. Issued by: Mr Bantu Holomisa, MP UDM President
Admin
29 Sep, 2018
To give PIC CEO Dan Matjila a golden handshake is preposterous
We are all aware that there will be a commission of inquiry which shall investigate the mess at the Public Investment Corporation (PIC). Despite the announcement, we have for several months waited with bated breath to hear who will serve on the commission and what the terms of reference will be. We, in today’s Mail and Guardian, read that PIC chief executive officer Dr Daniel Matjila has approached the President with a view to exit through the back door with a golden handshake. This is preposterous and is tantamount to the police giving the get-away car’s key to a bank robber. The United Democratic Movement (UDM) rejects this notion outright. Matjila should be suspended immediately and be made to explain himself to a commission of inquiry. Most importantly, he, and the current board, should face the music and pay the price should they be guilty of wrong-doing. There seems to be scurrying about in the corridors of power to say a quick farewell to Matjila before he spills the beans. It’s not only several prominent families and powerful individuals who might have their hands caught in the cookie jar, but possibly a few political parties. We have certainly heard Zonkizizwe Investments being mentioned, which we all know is an ANC enterprise. Bizarrely, we have even heard how Matjila’s alleged girlfriend benefited from PIC cash. It leaves a bitter taste in the mouth when you chew on the fact that Finance Minister Nene, who once served as PIC board chairperson, now must drive the process of putting a commission together. This might shed some light on why it’s taking so long to get the commission off the ground. I will be interviewed today by Advocate Budlender SC and his team of forensic auditors to give guidance on how the UDM would see this matter pan out. The commission should establish which methods and schemes were used to syphon money from the PIC and make recommendations on how to prevent this kind of crime in future. This is exactly why Matjila should not be allowed the easy way out; he certainly has much explaining to do.
Admin
04 Sep, 2018
The Public Investment Corporation: concerns regarding time being taken to institute commission of inquiry and the PIC board appointing forensic auditors
Dear Mr President This matter has reference. The United Democratic Movement is very concerned that there is no movement in terms of the appointment of the Public Investment Corporation (PIC) commission of inquiry. Sir, in this matter, we want to remind you that Minister Nene had initially, in his court papers, said that he saw nothing untoward at the PIC. This raised some eyebrows at the time. His lack of action now raises the question as to why Minister Nene is dragging his feet in instituting the inquiry and appointing the commissioners. Our main concern is that Minister Nene, who once was a PIC Chairperson, is acting like a person who may himself, or maybe a family member, have been captured. Regarding Minister Nene’s instruction on a forensic audit at the PIC, the minister has not stated which aspects or transactions such an investigative team will audit. In fact, Sir, the entire matter is shrouded in secrecy. Mr President, we herewith ask that you take this matter away from Minister Nene and appoint the commission yourself. We also ask that you appoint the forensic auditing team i.e. not by the PIC board whose members may be compromised themselves. Kindly advise. Yours sincerely Mr Bantu Holomisa, MP President of the United Democratic Movement
Admin
17 Aug, 2018
PIC commission to start it’s work in “due course”
The United Democratic Movement (UDM) has noted that President Ramaphosa has announced the appointment of a commission of inquiry to probe the Public Investment Corporation (PIC) and the dark cloud of corruption allegations hanging over the institution. It is however frustrating that the names of the chair of the commission and the supporting team, as well as the detailed terms of reference will be announced “in due course”. What does National Treasury mean with “in due course”? They have been saying this for the last three weeks or so; it would appear that this could be months from now, which is enough time for the guilty to send the proof of the misdeeds to the shredder; if it has not happened already. The UDM outright rejects the idea that the PIC board – which includes CEO Dr Dan Matjila who is also under the cloud of suspicion – should be given the task of appointing the forensic company. The board appointing the audit firm is tantamount to a thief appointing his own judge and jury. National Treasury or the commission itself should appoint such a forensic company. To make matters worse, the board has neglected its fiduciary duty by outsourcing the decision to suspend the CEO to the forensic auditors. The UDM reiterates our call that Dr Matjila must be immediately suspended until the commission concludes its work.
Admin
20 Jan, 2016
Public Protector must investigate Public Investment Corporation (PIC)
Dear Advocate Madonsela REQUEST FOR AN URGENT INVESTIGATION: Public Investment Corporation (PIC). I take this opportunity to welcome and wish you and your office, a very successful year in the service of the nation, in 2016. In this regard, I wish to table the following matter with you, so that you may investigate it appropriately for the benefit of the South African public. I have anonymously received serious allegations with regard to the possible corruption in the Public Investment Corporation (PIC) fund. It looks like the institutionalised corruption, which has resulted to South Africa being downgraded by various global grading bodies, has extended its vicious arm to the pensions of government employees, Judges, Members of Parliament and others who are paid from the public purse. It is alleged that, during the second week of December 2015, an amount of R40m was transferred from the PIC account to a company whose name is attached herein. This company is known for handling the PIC and government transactions. It is further alleged that this R40m was meant to fund salaries of the ANC staff members and its Birthday Anniversary Celebrations held on the 8th of January 2016. Another allegation is that, in January 2016, an amount of R2m was transferred from the PIC account to a company whose name is also attached, for the benefit of the ruling party. You are further requested to investigate another allegation that the PIC is about to fund a company whose name is attached herein, with an amount of R1.5bn, in order for this company to purchase a 25% stake from another person who holds this stake with TOTAL Oil Company. I request you to investigate whether due diligence of this transaction was conducted and whether it is in accordance with the relevant laws governing the PIC. Given the specific allegations above, it is clear that there is a need for a thorough and comprehensive investigation of how the PIC is managing all the monies entrusted with them. A judicial commission of enquiry may be relevant in order to ensure that these monies are not vulnerable to the whims of the political elite. I look forward to your excellent investigative work on this matter. Kind regards Bantu Holomisa President of the United Democratic Movement
