Graft-buster accused of fishy-deal fraud

The man who helped the government stamp out fraud and corruption in the country's R70-billion fishing industry now faces a fraud charge over a fishy deal.

Former head of fisheries management Shaheen Moolla allegedly sold 2500 tons of pilchards on behalf of black quota holders to two companies who paid over R300 000 into his account.

But according to documents submitted to police, the quota holders had no intention of selling their fish - and never gave anybody permission to do so.

Moolla now stands accused of trying to rip them off. He insists he is the victim of an elaborate con. He said he had acted in good faith as a consultant for a businessman claiming to represent the fishermen who later turned out to be a crook.

He has laid a complaint against the businessman, Yusuf Achmat, whom he accuses of squandering the money he received - a 5% upfront payment - on a Jeep, a laptop, two wristwatches and a night of gambling at Grand West Casino.

Moolla is a powerful figure in the fishing industry, co-owner of one of the country's biggest fishing consultancies with former head of Marine and Coastal Management Horst Kleinschmidt.

He recently launched a scathing attack on the Minister of Agriculture, Forestry and Fisheries Tina Joemat-Pettersson, accusing her of messing up the fishing sector, which many experts claim is in crisis.

According to documents seen by the Sunday Times, Achmat approached Moolla in April with a proposed deal to sell fish belonging to four black quota holders, Cape Pilchard Pioneer, Reiger Visserye, Risar Fishing and Jaffas Bay Fishing.

Achmat said he acted for the companies, representing fishing communities in the Eastern and Western Cape.

The companies said they never gave anybody permission to sell their fish.

"We never appointed anybody, including Yusuf Achmat or Shaheen Moolla, to sell any of our quota," said Redah de Maine of Risar Fishing. "We are catching it ourselves. We have given our affidavit to that effect."

Moolla claims he was acting in good faith, representing Ach-mat, but Achmat "was just a horrendous con artist." Moolla said he was overseas at the time, so couldn't do all the background checks on Achmat.

Moolla drew up contracts with two larger fishing companies, Gansbaai Marine and Ixia Fishing, to catch the pilchards and process them.

Ixia confirmed they paid Moolla over R80000 commission for the bogus deal, which Moolla is refusing to pay back. He insists he earned the commission, despite the fact that the fish never arrived. Ixia disagrees.

MD Mike Stowe said: "He initially undertook to repay the money ... He firstly maintained that he was travelling in Tanzania and had no bank communications ... then finally he maintained he was not liable.

"Any competent consultant ensures he has a proper mandate on behalf of a rightsholder before accepting monies . Subsequent events and information make his conduct appear dubious."

Gansbaai Marine and Ixia made an upfront payment of R225000 into Moolla's bank account. Moolla says he paid the money to Achmat, claiming this was normal practice.

However, disagreement over exactly how much was paid and to whom led to Gansbaai Marine laying a criminal charge against Moolla, which has been transferred to the Office for Serious Economic Offences.

The stand-off had a dramatic sequel on a fishing website on which Achmat and Moolla exchanged insults, Achmat calling Moolla "a two-faced backstabbing c***". Moolla says Achmat will get his just deserts in court.

Veteran fishing commentator Andy Johnston said: "Within the fishing industry, immoral practices and corruption have flourished ever since long-term fishing quotas had been allocated, and this has to be tackled in a more comprehensive fashion by the government."

While working with the government, Moolla played a central role in the allocation of South Africa's long-term fishing rights. He and Kleinschmidt fell out with government and concentrated on their own consultancy.

Yusuf Achmat could not be reached for comment.

A complaint brought by Mr Shaheen Moolla against the Sunday Times about this article was dismissed by the Deputy Press Ombudsman on September 8, 2011. The full ruling is attached.