/ 23 December 2005

Scorpions asked to probe fuel giants

The Scorpions have been asked to investigate possible fraud relating to the fuel crisis that has gripped the country in recent days.

South African Institute for Corporate Fraud Management president Bart Henderson said he had forwarded a request to the Scorpions asking them to investigate whether there was a case of fraud relating to the fuel shortages.

Henderson said the shortages, which left holiday motorists high and dry in urban and rural areas and disrupted fruit harvesting, amounted to a national security issue.

At the centre of the allegations is the 3,8c-a-litre levy — amounting to about R700-million a year — paid by motorists to the fuel industry to maintain 25 days of stock.

Henderson said the Department of Minerals and Energy seemed to have no mechanism for checking that fuel companies stockpiled the required fuel. If the companies had received payment to stockpile and had not done so, there was a clear-cut case of fraud.

“Through the institute, we’ve requested an investigation by the Directorate of Special Operations [the Scorpions],” said Henderson. “The person I referred it to has already sent it up the chain of command and they are motivating for an investigation.”

Scorpions spokesperson Makhosini Nkosi said he could not confirm or deny receiving the complaint, as National Prosecuting Authority policy prevented him from commenting on “the existence of the alleged investigation”.

The ministry of minerals and energy announced this week that it has launched an investigation into the fuel shortages, and has appointed advocate Marumo Moerane to head it.

Said Minerals and Energy Minister Lindiwe Hendricks: “This investigation is of critical importance for us to understand what went wrong; as the responsible department we must ensure that our legislation and policies are in line with the growing needs of our economy.”

South African Petroleum Industry Association director Colin McClelland said he is not aware of any investigation by the Scorpions. It was odd that two investigations would be looking into the same issues, he added.

He said the shortages had occurred because all fuel companies had underestimated the time it would take to upgrade their refineries to handle cleaner unleaded fuels by the government’s deadline of January 1 next year.

McClelland said it was a simple mistake that should never have happened. “There is no question in my mind that had the industry organised the importation of two weeks’ extra fuel, we would never have had this problem.

“They [the investigative team] will have to look at the stock we were holding and if it was sufficient for 25 days,” he said. “If it is found that the companies were holding 15 days of fuel, then there is a case for saying you received money for more than you were holding.”