Get more Mail & Guardian
Subscribe or Login

Senior executives implicated in irregular Ayo transaction still at PIC

At least eight people have been implicated in breaching the Public Investment Corporation’s (PIC) processes in the irregular R4.3-billion investment into Ayo Technology Solutions but only two people have been suspended.

READ MORE: PIC required to recover R4.3-billion made to Ayo by March 13

This week the PIC Commission headed by retired Judge Lex Mpati heard testimony from board members and executives who could not provide clear reasons why six other senior individuals had not had any disciplinary action against them.

The head of listed investments Fidelis Madavo and assistant portfolio manager Victor Seanie were suspended in January after an internal audit interim report into the Ayo transaction found that they had blatantly flouted the governance and approval processes of the PIC.

READ MORE: PIC inquiry witness suspended by the board just before testimony

On Monday the head of internal audit Lufuno Nemaghovhani presented the commission with the final investigative report and named all the people who had breached the transaction and financial processes.

Nemaghovani said most of the processes had been breached by the transaction team which Madavo and Seanie were part of, other members in this team were the general manager for listed equities Lebogang Molebatsi and portfolio manager Sunil Varghese.

It is well known that former chief executive Dan Matjila was a central figure in the transaction particularly because he signed the subscription agreement approving the R4.3-billion investment. This was done without due diligence being completed and the requisite committee approving it.

Then chief financial officer and current acting chief executive Matshepo More signed the memo authorising that payment should be made on the transaction also before the relevant meeting. Other roleplayers included the senior manager of investment legal Winifred Setshedi and the general manager of finance Brian Mavuka.

On the night of January 22 when the board made the decision that Seanie and Madavo should be suspended board member Dudu Hlatshwayo told the commission that concerns were raised about taking such a drastic decision on the basis of findings in an interim report.

Evidence leader advocate Jannie Lubbe asked her why Seanie, the most junior person involved in the transaction, was suspended while other senior officials were not?

Hlatshwayo said some board members had questioned that as well but the response that was given was “this board must be seen to have acted on this matter”.

“I think the chairman was the one who said this is a draft report and it doesn’t mean that other individuals will not be dealt with but for now we need to suspend the two,” said Hlatshwayo.

On Monday board chair Deputy Minister Mondli Gungubele explained that Madavo and Seanie had been uncooperative in the investigation and the board had decided to put them on the precautionary suspension to protect the investigation.

“Those two, when they were suspended it was not a verdict of their guilt but the view of the board was that they were not helping the process of investigation,” Gungubele said.

According to Gungubele, the board did not institute any action against Matjila because he was no longer at the PIC when the investigation was commissioned. Although there are clear allegations against More, she had been candid and cooperative during the course of the investigation that is why she was not suspended Gungubele said.

“Somebody else could say because she is senior she should have been suspended. With hindsight, somebody could have that view, but that was not the view of the board”.

Gungubele said after receiving legal counsel on how to deal with the findings in the report the board had made a decision to not institute disciplinary action against the others while the Ayo transaction was subject to investigation by the PIC commission.

READ MORE: Politicians on the board of the PIC do not expose it to undue influence — Gungubele

The Companies and Intellectual Property Commission has since sent a compliance notice to the PIC instructing it to recover the R4.3-billion investment made into Ayo Technology.

The commission will continue on Wednesday but the identities of the witnesses expected to testify have not been released.

Subscribe for R500/year

Thanks for enjoying the Mail & Guardian, we’re proud of our 36 year history, throughout which we have delivered to readers the most important, unbiased stories in South Africa. Good journalism costs, though, and right from our very first edition we’ve relied on reader subscriptions to protect our independence.

Digital subscribers get access to all of our award-winning journalism, including premium features, as well as exclusive events, newsletters, webinars and the cryptic crossword. Click here to find out how to join them and get a 57% discount in your first year.

Tebogo Tshwane
Tebogo Tshwane

Tebogo Tshwane is an Adamela Trust financial journalism trainee at the Mail & Guardian. She was previously a general news intern at Eyewitness News and a current affairs show presenter at the Voice of Wits FM. Tshwane is passionate about socioeconomic issues and understanding how macroeconomic activities affect ordinary people. She holds a journalism honours degree from Wits University. 

Related stories

WELCOME TO YOUR M&G

If you’re reading this, you clearly have great taste

If you haven’t already, you can subscribe to the Mail & Guardian for less than the cost of a cup of coffee a week, and get more great reads.

Already a subscriber? Sign in here

Advertising

Subscribers only

Fears of violence persist a year after the murder of...

The court battle to stop coal mining in rural KwaZulu-Natal has heightened the sense of danger among environmental activists

Data shows EFF has lower negative sentiment online among voters...

The EFF has a stronger online presence than the ANC and Democratic Alliance

More top stories

Mkhize throws the book at the Special Investigating Unit

It’s a long shot at political redemption for the former health minister and, more pressingly, a bid to avert criminal charges

Pockets of instability in Kenya are underpinned by unequal development

Stability in Kenya hinges on a just, equitable distribution of resources, and a commitment to progress human development for the marginalised

Eastern Cape premier Mabuyane lives large amid province’s poverty

Oscar Mabuyane and MEC Babalo Madikizela allegedly used a portion of state funds for struggle icon Winnie Madikizela-Mandela’s commemoration for their own benefit
Advertising

press releases

Loading latest Press Releases…
×